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HomeMy WebLinkAboutOrdinance 4355 OFFICIAL RECORD CITY SECRETARY ORDINANCE NO. FT. WORTH, TEX. AN ORDINANCE PROVIDING FOR THE REGULATION AND USE OF STREETS AND SIDEWALKS AND SUR-SI11R7ACE AREA THEREOF BY ABUTTING PROPERTY OWNERS; REQUIRING APPLICATION FOR PERMIT FOR SUCH USE BE MADE TO THE TAX ASSESSOR-COLLECTOR; PROVIDING FOR THE GRANTING OF THE PERMIT BY ORDINANCE; PROVIDING FOR SUCH TERMINA'T'ION OF USE; PROVIDING FOR ANNUAL RENTAL CHARGES THEREOF; PROVIDING THAT THE GRANTEE OF SUCH PERMIT SHALL BE RESPONSIBLE FOR INJURIES OR DAMAGES SUFFERED BY THE TRAVELING PUBLIC; PROVIDING A PENALTY FOR FAILURE TO PAY COMPENSATION FOR SUCH USE; PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS HEREOF; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. BE IT ORGAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1 . --- Whenever Whenever the owner or owners or any agent of said owner or owners of property abutting on any street or sidewalk desires to make use of any portion of the sidewalk or street abutting on said property, lying underneath the said sidewalk or street for the purpose of a cellar, areaway, light shaft, ventilating shaft, sidewalk lift or for any other purpose, including overhead uses of street or sidewalk area, such owner or owners or their agents shall first make application in writing to the Tax Assessor- Collector of the City of Fort Worth for a permit to do so and shall accompany such ap- plication with plans and specifications, drawings or other data showing the portion of sidewalk or street to be used, setting forth the dimensions thereof and the purpose for which the same is to be used. Such plans and specifications, drawings or other data shall be referred by the Tax Assessor-Collector to the Director of Public Works for in- vestigation and report. SECTION 2. Upon investigation, a report shall be filed with the City Council of the City of Fort Worth, stating the recommendations of the Tax Assessor-Collector and the Director of Public Works as to the issuance of any future permit, based upon public necessity and use of the area. If the report recommends the granting of a permit, it shall also state the initial yearly charge hereinafter set forth for the right and privilege granted. If, in the judgmentof the City Council , it is deemed proper to a Page 02 grant said permit, the City Council shall have the power by ordinance to grant any such permit to any property owner abutting upon any such street or sidewalk for the use thereof in the manner which may be necessary or proper to the enjoyment of said abutting property by the owner, provided that such use be not inconsistent with, or does not reasonably impair the public use to which said street or sidewalk may be dedicated. The City Council shall fix the terms and conditions of any such grant and the time for which the same shall exist. The right shall always be expressly reserved by the City in any such grant made under the terms of this ordinance, whether expressed in such grant or not, to terminate any such grant whenever in the judgment of the City Council it is de- termined that the grant is or is becoming inconsistent with the public use of the said street or sidewalk, or whenever any such grant and the use thereof is or is likely to become a nuisance. Whenever in any grant made the time for the expiration thereof is not set forth, the same shall expire (5) years from the date of the passage of the ordinance conferring said grant. SECTION 3. For all grants made by the City hereunder the City shall receive an annual compensation based upon the amount of sub-area space to be used by the grantee, which compensation is to be determined annually as follows: (a) Ascertain the current assessed value per square foot of the owner or owners' land immediately adjacent to the portion of the street, sidewalk or other pub- lic area being used for private purposes. (For tunnels or passageways crossing under the public property and connecting two parcels of private property, the average assessed value per square foot for both sides of the street shall be used.) (b) Multiply the current tax rate for all City purposes by 2.5, then multiply the factor so obtained by the assessed value per square foot as determined n (a) above. (c) Compute the square footage of sub-area space under public property used or to be used for private purposes and multiply this amount by the result of the Page #3 computations as determined in (b) above. (d) The product shall be the annual rental to be charged for each street use regulated under the terms of this ordinance. (e) If a tunnel or passageway or other private use under public property includes one or more levels, the charge for the upper level shall be as specified in (d) above and the charge for each of the lower levels shall be computed in the same manner as specified above except that the multiplication provision of 2.5 times the tax rate shall not be applied in determining the rental charges for such lower levels. (f) The annual charge for the space occupied by each sidewalk opening, elevator or lift shall be One Hundred and No/100 Dollars ($100.00) per annum in addi- tion to the annual rental charges herein provided for, and such use shall be in accord- ance with the regulations provided for in Section 5 hereof. (g) The annual charge for overhead uses of street or sidewalk areas shall be twice the amount of the annual charge for sub-area space as computed above. (h) In no case shall the annual minimum rental charge for use of sub-surface areas or sub-area space be less than Twenty-five and No/100 Dollars ($25.00) . SECTION 4. In the event that sub-area space abutting any owner 's, tenant's or occupant's property has been permanently sealed off from the building so that there is no access to such space, no charge shall be made therefor-, but unless such sealed off space is filled in in accordance with the best engineering practices and standards so that the space underneath the street or sidewalk is made completely solid, such owner, tenant or occupant shall have the duty of maintaining and keeping in good repair all of the superstructure or underground supports of such sub-area space in order to obviate the danger of sidewalk cave-ins or break-throughs. Further,such owner, tenant or occupant shall keep the sidewalk covering such unfilled sub-area space in good repair and be responsible to the traveling public for any injuries or damages suffered by any member Page 04 of such traveling public arising out of a failure of such owner, tenant or occupant to keep such area in good maintenance and repair as herein provided for. SECTION 5. If the owner, tenant or occupant of any building which has a sidewalk open- ing, elevator or lift abutting upon such property and capable of serving it, does not desire to use such opening, elevator or lift, the fee shall be Fifty and No/100 Dol- lars ($50.00) per annum, but such owner, tenant or occupant shall be charged with the duty of maintaining such opening, elevator or lift in a state of good repair and shall keep the surface doors, grill work, and such other openings thereof in good condition and flush with the level of the surrounding sidewalk so that the traveling public will not be endangered in its life and property. In the event any member of the public shall receive injuries or damages by reason of the owner 's, tenant 's or occupant's failure to keep such sidewalk opening, lift or elevator in good repair, then such owner, tenant or occupant shall be responsible for any damages or injuries caused to or suffered by any member of the public through such failure. If the owner, tenant or occupant should completely remove such opening, elevator or lift from the sidewalk and the space underneath, filling such space according to the best engineering practices and standards and reconstructing the sidewalk in like manner then no further charge shall be made against said owner, tenant or occupant. SECTION 6. The fees or rental charges provided for herein shall be paid each year in ad- vance on the Ist day of January and failure to pay same after the lapse of ten ( 10) days from the receipt of notice from the Tax Assessor-Collector of the City of Fort Worth shall operate as an absolute forfeiture of the rights granted. SECTION 7. "" Wherever any grant has been heretofore made to any abutting property owner, tenant or occupant to use any portion of the sidewalk or street abutting his property, Page #5 or whenever any abutting property owner, tenant or occupant is now using any portion of any street or sidewalk abutting on his property for any of the purposes stated in this ordinance, or using the said street or sidewalk for any other purpose in connec- tion with his property and no compensation has been fixed by the grant to such abutting property owner, tenant or occupant, for the use of any portion of such street or side- walk, then in all such cases the said abutting property owner, tenant or occupant shall pay to the City of Fort Worth the compensation provided for in this ordinance. All franchises or grants which have been previously made on a different fee basis than pro- vided by this ordinance shall be hereby superseded and henceforth the fees charged under such prior grants or franchises shall be in accordance with the provisions herein made. SECTION 8. In the event any property owner or person in possession of the abutting premises shall fail or refuse to pay the compensation fixed in this ordinance for the use of any portion of any sidewalk or street, the right to which is granted under this ordinance, then the said rights shall be forfeited as provided by Section 7 of this ordinance, and the said property owner shall discontinue the use of such street or side- walk or the sub-surface area occupied within sixty (60) days after being notified in writing to do so by the Tax Assessor-Collector, and shall fill in such area in accord- ance with the best engineering practices and standards. In the event said property owner or person in possession thereof fails or refuses to discontinue and cease the use of any portion of a public street or sidewalk and fill in same within the time fixed by this ordinance he shall be subject to a fine of not less than Ten and No/100 Dollars ($10.00) nor more than One Hundred and No/100 Dollars ($100.00) per day for each and every day that said sidewalk or street is being used by said property owner or person in possession thereof, it being the intention of the City Council that each and every day such wrongful use exists is a separate offense. Page #6 SECTION 9. In all cases where property owners or persons in possession thereof are using any portion of the sidewalk or street in connection with their property, and no grant has been made by the City for such use, and such persons fail to pay the compensation herein fixed for the use of any portion of said street or sidewalk or sub-area thereof, then the said property owner shall discontinue the use of such street or sidewalk or the sub-surface area occupied within sixty (60) days after being notified in writing to do so by the Tax Assessor-Collector, unless the said property owner or person in possession thereof promptly pays said compensation. In case the said property owner or person in possession thereof fails or refuses to discontinue and cease the use of any such sidewalk or street or sub-area thereof, as provided by the notice of the Tax Assessor-Collector, then he or it shall be subject to a fine of Twenty and No/100 Dollars ($20.00) per day for each and every day thereafter he or it so fails to discontinue the use of any portion of such sidewalk or street. SECTION 10. All grants made to property owners under the provisions of this ordinance to use certain portions of the sidewalk or street or sub-area thereof abutting on their property, as contemplated in this ordinance, and all grants here- tofore made for such purpose, and all uses which are being made of the streets and sidewalks or sub-area thereunder by abutting property owners or persons in possession thereof where no grant or permit has ever been obtained from the City, shall be enjoyed and held by such property owners or persons in possession thereof subject to the provisions of the City Charter, Code and Ordinances of the City of Fort Worth and such further charters, codes or ordinances as may hereafter be passed, and the same shall be at all times subject to the right of the City of Fort Worth, acting through its City Council, to terminate any such grant, whenever in the judgment of the City Council, it is deemed that any such grant is, is becoming or will be inconsistent with the public use of said sidewalk or �T Page 07 street or sub-area thereof, or whenever any such grant oQ the use of said sidewalk or street or sub-surface thereof may or is likely to became a nuisance. It is the inten- tion of the City Council of the City of Fort Worth that all abutting property owners or persons in possession thereof shall hold and employ the right to the use of portions of the street and sidewalk or sub-surface area thereof abutting on their property sub- ject to the provisions of the ordinance, whether the same is expressed in the grant made to the said abutting property owners or persons in possession thereof or not. SECTION 11 . Any person, firm or corporation violating any of the provisions of this ordinance may be enjoined by a suit filed by the City of Fort Worth in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision of this ordinance. SECTION 12. If any section, clause, paragraph or provision of this ordinance may be held to be unconstitutional or void, the invalidity of such section, clause, paragraph or provision shall not affect the other provisions of this ordinance which shall remain in full force and effect. SECTION 13. That this ordinance shall be in full force and effect from and after the date of its passage and publication as provided by law. APPVED AS DORM AND LEGALITY e FZ City Attorney th Passed and adopted the day of A V!2 u.6 A. D. 1960. A _ C-Mr. Cookingh 'f➢. -•, T� s"OHTH, "CI Y OF FORT WORTH 1'11 • J►he"n .. OF THIS U.& C.C. �+ Mr. Morphis v 1 N:ED 0 i.11. CITY COUNCIL T�-r'xAJ Mr, i,ojn►q 1 1ND WAY �APPNOVED OFFICE OF THE CITY MANAGI R Communication to Mayor and Coun ioFiIC WCORD + e). August 19, 1960 CITY SVE], HIM FT. V,2 t. , T'�. �b to May©r-•and Members of the City Council Re: Ordinance providing uniform City of Fort Worth charge for use of Public Streets and Sidewalk Space Mrs. McKnight and Gentlemen: As requested by the City Council at its meeting of June 3, 1960, an ordin- ance has been prepared providing for regulation of the use of street and sidewalk sub-surface and overhead space by abutting property owners. Much of the thinking in development of this ordinance has been done by Council- man Shannon and is based upon his discussions with the independent auditors and private appraisers, as well as upon similar ordinances of other cities. The ordinance provides for uniform computation of charges for private useage of the areas over and under the public sidewalks and streets, in contrast to varying procedures now used in computing such charges. The ordinance applies to all such private uses, including tunnels, overhead passageways, and excavations under sidewalks. At the present time, there are a number of Instances where there is no payment to compensate for pri- vate use of this public property. ,The ordinance provides that, in effect, the annual charge for sub-surface usage shall be two and one-half times what taxes would be on the property if it were privately owned. For overhead passageways, a double fee is prescribed in view of the less desirable nature of such passageways, and their greater value to the user. It is further provided that, if there are sidewalk openings of any kind, a fee of $100 per annum shall be charged in addition to the regular annual rental charges. When such open- ing is not used, the fee shall be $50.00 annually. A minimum charge of $25.00 a year is established for any use of sub-surface areas or space. A preliminary computation comparing rates charged under present contracts With the proposed ordinance indicates the following: Present Proposed Charge Charm for same Area First National Bank (Rosser Estate) $1,650 $2,449 Harris Hospital (2) 964 208 (Pruitt Street) (Sixth Avenue ) Vandervoorts 50 - 25 IMin. Fort Worth National Bank 384 1, 167 T C U 25 Min. Striplings 600 1,067 Leonards (Tunnel - 2) 600 498 (Overhead ) i,369 1,698 MLC 60-104 August 19, 1960 Page 2 In addition to the above, the ordinance would require that a payment be made for sidewalk space by all businesses using such space, and for sidewalk openings. It Is believed that the ordinance attached will provide equal treatment to all businesses, individuals, and other Institutions using space in the pub- lic streets, and should be adopted on that basis. Resp ctfuily submitted, fL. 4P. Cookingham City Manager. LPC:GA