HomeMy WebLinkAboutOrdinance 18098-05-2008ORDINANCE NO.18098-OS-2008
AN ORDINANCE REQUIRING ONCOR ELECTRIC DELIVERY TO
RELOCATE ITS UTILITY FACILITIES LOCATED IN CITY RIGHT-
OF-WAY IN OR ALONG CROMtiVELL ZvZARINE CREEK ROAD AT
THE ITS SOLE COST AND EXPENSE WITHIN 30 DAYS OF THE
ADOPTED DATE OF THIS ORDINANCE TO ALLOW THE
WIDENING OF CROlV1WELL 14~CATtIlYE CREEK ROAD;
AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PURSUE
LEGAL ACTION AGAINST ONCOR ELECTRIC DELIVERY IF IT
FAILS TO RELOCATE ITS FACILITIES AT ITS OWN EXPENSE
WITHIN 30 DAYS OF THE ADOPTED DATE OF THIS
ORDINANCE; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WIiEREAS, the City of Fort Worth ("City") has entered into City Secretary Contract
No. 35366, a Community Facilities Agreement ("CFA") with the Eagle Mountain Saginaw
Independent School District ("EMSISD") which requires EMSISD to widen Cromwell
Marine Creek Road, a City street; and
WI~REAS, Oncor Electric Delivery ("Oncor") has facilities located within City
right-of--way in or along Cromwell Marine Creek Road and said facilities are in conflict with
the widening of Cromwell Marine Creek Road; and
WHEREAS, the Texas Utilities Code provides that the governing body of a
municipality may require a utility to relocate the utility's facility at the utility's expense to
permit the widening and/or straightening of a city street by giving the utility 30 days' notice
and specifying the new location for the facility along the right-of--way of the street; and
WHEREAS, the governing body is requiring that Oncor Electric Delivery
relocate its facilities located in City right-of--way in or along Cromwell Marine Creek Road, at
Utility Relocation
Cromwell Marine Creek Road
Page 1 of 3
the Oncor's sole cost and expense, to an area within the new location(s) presented on Exhibit
"A" attached hereto and incorporated herein by this reference.
WHEREAS, the City Attorney's Office seeks council authorization to pursue legal
action against Oncor, if Oncor does not relocate its facilities at its expense within 30 days of
the adopted date of this Ordinance, to obtain and enforce a legal determination that a utility
company must, at the utility's sole expense, relocate facilities located in City right-of--way and
in conflict with a City street widening or straightening project.
NOW, THEREFORE, BE IT ORDAIIYEID BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Section 1.
Pursuant to Section 37.101 and/or Section 181.047 of the Utilities Code, the
City Council hereby requires that Oncor Electric Delivery relocate its facilities located in City
right-of--way in or along Cromwell Marine Creek Road, at the Oncor's sole cost and expense,
to an area within the new location(s) presented on Exhibit "A".
Section 2.
The City Attorney's Office is authorized to pursue legal action against Oncor, if
Oncor does not relocate its facilities at its expense within 30 days of the adopted date of this
Ordinance, to obtain and enforce a legal deternnation that a utility company must, at the
utility's sole expense, relocate facilities located in City right-of--way and in conflict with a
City street widening or straightening project.
Utility Relocation
Cromwell Marine Creek Road
Page 2 of 3
Section 3.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
Ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
Section 4.
That if any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative or void for any reason by a court of competent jurisdiction,
the remaining portions, sections or parts of sections of this Ordinance shall be and remain
in full force and effect and shall not in any way be impaired or affected by such decision,
opinion or judgment.
Section 5.
That this Ordinance shall take effect and be in full force and effect from and after its
adoption.
AND IT IS S® ORDAINED.
ADOPTED AND EFFECTIVE: Ma~20, 2008
APPROVED ADO FORM $I~tP,LEGALITY:
By:
Amy J.
Assistant
M&C:G-16147
Utility Relocation
Cromwell Marine Creek Road
Page 3 of 3
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C®~jr ®f F®~# ®r~h, 1°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/20/2008 -Ord. No. 18098-05-2008
DATE: Tuesday, May 20, 2008
LOG NAME: 12UTIL RELOC REFERENCE NO.: G-16147
SUBJECT:
Adopt an Ordinance Requiring Oncor Electric Delivery to Relocate Its Utility Facilities Located in City
of Fort Worth Right-of-Way in or along Cromwell Marine Creek Road at Its Expense within 30 Days
of the Adopted Date of the Ordinance and Authorizing the City Attorney's Office to Pursue Legal
Action Against Oncor Electric Delivery if It Fails to Relocate at Its Expense within the 30 Day Period
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance requiring Oncor Electric Delivery
("Oncor") to relocate its utility facilities located in City of Fort Worth right-of-way ("ROW") in or along
Cromwell Marine Creek Road at Oncor's sole cost and expense within 30 days of the adopted date of the
ordinance to allow the widening of Cromwell Marine Creek Road and authorizing the City Attorney's Office
to pursue legal action against Oncor if it does not relocate within the time period.
DISCUSSION:
The City entered into City Secretary Contract No. 35366, a Community Facilities Agreement ("CFA") with
the Eagle Mountain Saginaw Independent School District ("EMSISD") which requires EMSISD to widen
Cromwell Marine Creek Road, a City street. Oncor Electric Delivery ("Oncor") has facilities located within
City right-of-way in or along Cromwell Marine Creek Road that are in conflict with the widening of Cromwell
Marine Creek Road.
Texas Utilities Code provides that the governing body of a municipality may require a utility to relocate the
utility's facility at the utility's expense to permit the widening and/or straightening of a city street by giving
the utility 30 days' notice and specifying the new location for the facility along the right-of-way of the street.
By adoption of the attached Ordinance, the governing body is announcing its requirement that Oncor
relocate its facilities at its expense to a location identified on Exhibit "A" of the Ordinance within 30 days of
the adopted date of the Ordinance.
Further, the Ordinance authorizes the City Attorney's Office to pursue legal action against Oncor if it does
not relocate its facilities within 30 days of the adopted date of the Ordinance.
FISCAL INFORMATION/CERTIFICATION:
Logname: 12UTIL RELOC Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
David Yett (7623)
Amy Ramsey (7617)
Logname: I2UTIL RELOC Page 2 of 2