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Home My WebLink AboutOrdinance 6759 ORDINANCE NO. 0 AN ORDINANCE AMENDING TABLE 46-A OF SECTION 4608 OF THE APPENDIX OF EXHIBIT "B" OF ORDINANCE NO. 6374, AS AMENDED, SAME BEING THE BUILDING CODE OF THE CITY OF FORT WORTH, BY REVISING THE FEE SCHEDULE FOR EN- CROACHMENTS UPON THE PUBLIC RIGHTS-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULA- TIVE OF OTHER ORDINANCES AND PROVISIONS OF THE BUILD- ING CODE; REPEALING ALL ORDINANCES OR PROVISIONS OF THE BUILDING CODE IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That Table 46-A of Section 4608 of the Appendix of Exhibit "B" of Ordinance No. 6374 of the City of Fort Worth, which ordi- nance adopted Volume I of the 1970 Uniform Building Code, as amended, as the Building Code of the City of Fort Worth, be and is hereby amended and, after being so amended, shall hereafter read as follows : "TABLE 46-A--FEE SCHEDULE ANNUAL "TYPE ENCROACHMENT APPLICATION FEE INSPECTION FEE "Awnings, Marquees, Signs $100.00 $50.00 "Overhead Wires, Underground 100.00 30.00 Conduits, Pipes and Boxes Twelve Inches (12 ") or Less in Dimension, Including Con- crete Cover "Others, Including Overhead $,005/cu.ft. ; 1/10 of appli- Walkways, Under- or Over- minimum of $100 cation fee; Street Building Extensions rounded to near- minimum of $50 est $10 rounded to nearest $10" SECTION 2 . That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sec- tions hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, inef- fective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. That this ordinance shall be and is hereby declared to be cumulative of the provisions of the Building Code of the City of Fort Worth and amendments thereto, regulating fees for encroach- ments upon the public rights-of-way, except in those instances where the provisions of this ordinance are in direct conflict with such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 4. That all pending litigations and existing violations , both civil and criminal, whether pending in court or not, under the Building Code of the City of Fort Worth and amendments thereto superseded by this ordinance, shall not be affected by this ordi- nance but may be prosecuted until final disposition by the courts . SECTION 5 . That any person, firm, association of persons, company or corporation or their agents, servants or employees who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance shall be punished by a fine of not exceeding two hundred dollars ($200 .00) , and each day that a violation exists is hereby declared to be a distinct and separate offense and pun- ishable as such, all as provided for in Section 1-5 of Chapter I of the Code of the City of Fort Worth (1964) , as amended. -2- SECTION 6 . That this ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: 5x CO a," Oro City Attorney ADOPTED: J - r EFFECTIVE: 0 c'/' -3- A' AGREEMENTS CURRENTLY IN EFFECT Present Proposed Firm Annual Charge Annual Charge American Manufacturing Company of Texas $ 1.00 $ 30.00 Worth Investment Company 25.00 30.00 Big Tex Development Company 25.00 30.00 Carter Publications 10,035.17 110.00 Continental National Bank 568.31 50.00 Town Talk 25.00 30.00 First National Bank 1,200.00) 110.00 First National Bank 450.00) Fort Worth Chamber Development Corporation 815.00 50.00 Fort Worth National Bank 384.00 50.00 Fort Worth Refining Company 1.00 30.00 Fort Worth Society for Crippled Children 41.67 50.00 Harbison-Fischer Manufacturing Company 50.00 30.00 Harris Hospital 328.27 50.00 Harris Hospital 76.00 50.00 Harris Hospital 176.00 50.00 Harris Hospital 32.00 50.00 Howell Instruments, Inc. 1.00 50.00 J. C. P. Corporation 300.00 50.00 King Candy Company 100.00 100.00 Leonards 2,193.60 110.00 Millers Mutual Fire Insurance Company of Texas 78.46 50.00 Minton Rendering Company 25.00 30.00 North Fort Worth Baptist Church 25.00 30.00 Parkway Development Company 658.23 50.00 Premier Oil and Refining Company 43.07 30.00 Southwestern Baptist Theological Seminary 25.00 30.00 Southwest Chevrolet Company 61.99 50.00 Striplings 600.00 50.00 Vandervoort's 50.00 50.00 West Side State Bank 25.00 30.00 Fort Worth National Bank 10,000.00 290.00 Continental National Bank 800.00 60.00 $29,219.77 $1,860.00 i. AGREEMENTS CURRENTLY IN EFFECT Present Proposed Firm Annual Charge Annual Charge American Manufacturing Company of Texas $ 1.00 $ 30.00 Worth Investment Company 25.00 30.00 Big Tex Development Company 25.00 30.00 Carter Publications 10,035.17 110.00 Continental National Bank 568.31 50.00 Town Talk 25.00 30.00 First National Bank 1,200.00) 110.00 First National Bank 450.00) Fort Worth Chamber Development Corporation 815.00 50.00 Fort Worth National Bank 384.00 50.00 Fort Worth Refining Company 1.00 30.00 Fort Worth Society for Crippled Children 41.67 50.00 Harbison-Fischer Manufacturing Company 50.00 30.00 Harris Hospital 328.27 50.00 Harris Hospital 76.00 50.00 Harris Hospital 176.00 50.00 Harris Hospital 32.00 50.00 Howell Instruments , Inc. 1.00 50.00 J. C. P. Corporation 300.00 50.00 King Candy Company 100.00 100.00 Leonards 2 ,193.60 110.00 Millers Mutual Fire Insurance Company of Texas 78.46 50.00 Minton Rendering Company 25.00 30.00 North Fort Worth Baptist Church 25.00 30.00 Parkway Development Company 658.23 50.00 Premier Oil and Refining Company 43.07 30.00 Southwestern Baptist Theological Seminary 25.00 30.00 Southwest Chevrolet Company 61.99 50.00 Striplings 600.00 50.00 Vandervoort's 50.00 50.00 West Side State Bank 25.00 30.00 Fort Worth National Bank 10,000.00 290.00 Continental National Bank 800.00 60.00 $29 ,219.77 $1,860.00 LINES City of Fort Worth, Texas W1 Mayor and Council Communication aRAHAM 1t i B. DATE REFERENCE SUBJECT: Proposed Revisions in Fee Sche- PAGE NUMBER 3 dule - Encroachments in the Pub- PAIGE 11/6/72 G-2101 lic Right-of-Way for Chapter 45 of the Building Code (Ordinance No. 6374) specifies conditions under which encroachments in the public right-of-way may be constructed including requirements for liability insurance, execution of a consent agreement with the City, and payment of inspection fees. Present Fee Schedule On May 25, 1970 (M&C G-1573) , a Oolicy was adopted governing the encroachment of signs, marquees, etc. , into public property. This policy regulates the height at which these items may be placed and the distance they may extend into the right-of-way. It further sets the inspection fees for such encroach- ments at $75 initially and $25 annually thereafter for the term of the consent agreement. Inspection fees for encroachments such as over-street and below-street building spaces have been established by City Council action for consent agreements presented to the City Council for its approval. A list of these agreements currently in effect and the annual fees charged is attached. On April 19, 1971 (M&C C-1964) , a consent agreement was approved with the Fort Worth National Bank for various over-head and under-street encroachments to be constructed as part of the bank's new building. The fees charged were recommended by a City staff committee, and the Council was advised at that time that the staff would study existing encroachment policy and recommend a uniform, equitable method of fixing fees, for all current and future encroachments, commensurate with the costs of processing applications and performing annual inspections. Costs Inlcurred Inspection and administrative costs for processing encroachments are estimated as follows: Processing of Original Request Building Division: Processing of Application $15 Legal, Administrative and City Council Review and Action $45 Processing, Filing and Recording $40 Total Expense $100 Annual Inspection Costs Tax Department: Filing and Processing $10 Building Division: Filing and Processing $10 Inspection: Building Division and Fire Prevention $30 Total $50 DATE REFERENCE SUBJECT: Proposed Revisions in Fee PAGE NUMBER Schedule - Encroachments in the 2 ct 3 11/6/72 G-2101 Public Right-nf-Way For small encroachments such as signs the fees currently being charged are no longer sufficient to cover the costs, while those being charged for over- head building structures generally exceed the actual costs. It is therefore proposed to revise the schedule of fees for encroachments so that charges are commensurate with the cost of services performed. For overhead or understreet structures, the Courts have ruled that the City of Fort Worth may not charge fees based on the value of the space used, but it may be entitled to reimbursement in the form of an inspection fee for expenses of inspection, supervision, maintenance, or other proper functions of the City caused by the encroachment. The proposed schedule increases the fees for signs, marquees, overhead wires, etc. , but generally reduces those for building extensions to a level consistent with the Court ruling. Reduc- tion of the fee schedule is consistent with the concepts of the Halprin Plan for future development of the Central Business District. This plan proposes to help offset the obstacles to redevelopment of the CBD resulting from small City blocks by encouraging over and under street connections of private pro- perty. The annual inspection fee for the Group Two encroachments listed below is less than the Group One encroachments because these items are given only on-site checks of the condition of the pavement above the conduit, condition of the wire covering, etc. In order to more accurately reflect the actual costs of inspections for building extensions .above or below the right-of-way, a sliding scale is proposed for both the initial and annual fees for such structures as follows: Application Fee Annual Inspection Fee Type of Encroachment Present - Proposed Present - Proposed Group 1. Awnings, marquees $75.00 $100 $25.00 $50.00 signs Group 2. Overhead wires, 50.00 100.00 10.00 30.00 underground conduits pipes and boxes Group 3. Others, including Negotiated .005 per Negotiated 1/10 of overhead walkways, cubic foot; applica- under-or-over-street minimum of tion fee, building extension $100 rounded minimum to nearest of $50 $10 rounded to near- est $10 DATE REFERENCE SUBJECT: Proposed Revisions in Fee Sche- PAGE NUMBER dule - Encorachments in the Pub- 3 3 11/6/72 G-2101 lic Right-of-Way- of Effect of Existing Encroachment Agreements The staff has reviewed existing consent agreements for encroachments in the public right-of--;way to determine the effect of the proposed fee schedule. As a result of these changes, annual revenue will be reduced from approxi- mately $29,000 to $1,900. It is proposed that the staff be authorized to prepare amendments to existing consent agreements and apply the revised fee schedule described above; and further, that the staff be authorized to take necessary steps to obtain consent agreements for all other existing encroachments for which no agree- ments exist. Recommendations It is recommended: 1) That an ordinance be adopted establishing the schedule of inspection fees for encroachments in the public right-of-way as set forth above; 2) That the application of the new fee schedule be authorized on all existing encroachments where no consent agreement exists and on all consent agreements currently in force, with the amended consent agreements becoming effective on the annual renewal date, and 3) That the City Manager be authorized to execute the amended consent agreements and consent agreements on existing encroachments not covered by an agreement. RNL:mj Attach, SUBMITTED BY: DISPOSIT19H BY COUNCIL: PROCESSED BY LQ APP/ROVED e ❑ OTHER (DESCRIBE) lle � CITY iSECRETARY DATE CITY MANAGER