HomeMy WebLinkAboutOrdinance 23445-10-2018 ORDINANCE NO. 23445-10-2018
AN ORDINANCE AMENDING THE FORT WORTH BUILDING
CODE OF THE CITY OF FORT WORTH, BY REPEALING
CHAPTER 7, SECTION 3210 "ENCROACHMENT AGREEMENTS"
AND REPLACING IT WITH A NEW SECTION 3210 CONTAINING
NEW LANGAUGE FOR ENCROACHMENT AGREEMENTS BY
ADDING PROVISIONS ALLOWING FOR STAFF
ADMINISTRATION OF CERTAIN ENCROACHMENTS;
AMENDING FEES CHARGED; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on September 25, 2012 the City Council of Fort Worth adopted
Ordinance No. 20425-09-2012 to amend section 3210 of the Fort Worth Building Code to
allow staff administrative authority to approve certain encroachment agreements thereby
reducing the processing time and the documentation sent to the City Council for
consideration, provide for application fees and to establish an annual fee for permanent
encroachments into public property; and
WHEREAS, on July 22, 2014 the City Council of Fort Worth adopted Ordinance
No. 21343-07-2014 to further amend section 3210 of the Fort Worth Building Code to
provide that the annual fee is limited to City property and rights of way and is not applicable
to city-owned easements; and
WHEREAS, on December 6, 2016 the City Council adopted Ordinance Nos.
22517-12-2016 and 22523-12-2016 to amend the Fort Worth Building Code to adopt the
2015 International Building Code and local amendment and to adopt an Administrative
Code to provide for the administration and enforcement of the building and construction
codes; and
WHEREAS, Ordinance No. 22523-12-2016 inadvertently included language for
permanent encroachments and agreements that did not include the amendments made in
Ordinance Nos. 20425-09-2012 and 21343-07-2014; and
WHEREAS, this ordinance will repeal the inadvertently included language and
replace with language to correctly reflect the changes made by the City Council through
the aforementioned ordinances in 2012 and 2014 as well as relocate the fee language to
Section 119 of the Administrative Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS,AS FOLLOWS:
Building Code Encroachment Revision 2018 Ordinance No.23445-10-2018
Page 1 of 5
SECTION 1.
Section 7-47, "Amendments" of the Building Code of the Code of the City of Fort
Worth(2015)is hereby amended by to repeal all of the language contained in Section 3210,
`Encroachment Agreements"and replace it with new and revised language to be contained
in the same Section 3210 and to include a reference to Section 119, Table 1-F of the
Building Administrative Code for all fees related to encroachments,to read as follows:
3210 Encroachment Agreements
3210.1 General. All permanent encroachments into public property.,
inclusive of public right-of-way and easements, shall require a duly
executed Encroachment Agreement approved by the City Council.
Exceptions:
The Planning and Development Director is hereby authorized to
execute Encroachment Agreements on behalf of the City,except
when the encroachment into public property is a major
encroachment. A major encroachment means any building
structure proposed on, above and/or below a street, alley right-
of-way or easement area; to include, but not be limited to, sky-
bridges, and tunnels between buildings, and parking structures
built above or below grade. All major encroachments must be
presented to the City Council for approval.
3210.2 Application. The applicant shall execute three (3) copies of an
Encroachment Agreement with the City upon forms furnished by the
Building Official or his designee. The forms for such an agreement
shall be approved from time to time by the City Attorney's Office.
Executed forms shall be filed in the real property records of the
applicable county, and kept and maintained in the offices of the
Planning and Development Department and the City Secretary.
3210.3 Insurance. The Encroachment Agreements shall be accompanied
by proof that the applicant has secured and paid for a policy of public
liability insurance covering all city controlled property as described
in the Agreement. The amount of insurance coverage shall be at
least the maximum amounts of liability which can be imposed upon
the City under State law. Each insurance policy shall provide that it
cannot be canceled or amended without at least ten (10) days
advanced written notice to the City. Insurance shall be maintained
for the length of the encroachment.
3210.4 Plans. Each Encroachment Agreement shall be accompanied by a
plan showing the location and amount of public property to be
occupied with details of the structure of encroachment and shall
Building Code Encroachment Revision 2018 Ordinance No.23445-10-2018
Page 2 of 5
include any additional information requested by the department
affected by the encroachment.
3210.5 Application Fee. Along with the Encroachment Agreement shall
pay a non-refundable application fee as specified in Table 1-F in
section 119 of the Building Administrative code.
3210.6 Annual Fee. For as long as the approved encroaching
improvement(s) exists, the property owner shall be responsible for
payment of an annual encroachment fee as specified in Chapter 2,
Section 2-231 of the City Code. The annual fee shall not be applied
to encroachment improvements on city-owned easements.
3211 Permits. Approval of the Encroachment Agreement does not eliminate the
need for proper permits to do work as required by any code of the City. No
work may commence without a permit as required by applicable codes.
3212 Signs. Advertising signs projecting into public property are to be considered a
permanent occupancy of public property., provided however, upon the
termination of the Encroachment Agreement such signage shall be removed
from public property.
Exception: An identification sign displayed as part of the marquee,
provided the sign contains no off-premise advertising, is displayed to
identify or locate the building or place of business and the height of the
message does not exceed three (3) feet.
Signs that are covered by existing Encroachment Agreements shall have those
Encroachment Agreements become null and void when a sign is altered in size, removed
or requires structural repair.
SECTION 2.
Section 7-1, "Building Administrative Code"of the Code of the City of Fort Worth
(2015) is hereby amended to revise Section 119, `Fee Tables" Table No.l-F "Permanent
Encroachments"to add language to clarify the existing fees in the table are application fees
and to add annual fee previously located in Section 3210 of the Building Code, to read as
follows:
Table 1-F
Permanent Encroachments
Encroachment Agreement Application and Fee:
amendment: $500.00
1. Planning and Development
Director approval $575.00
2. City Council approval
Building Code Encroachment Revision 2018 Ordinance No.23445-10-2018
Page 3 of 5
Encroachment Agreement annual fee: a rate of$1.44 per linear or square foot of
encroachment as applicable
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this
ordinance are in direct conflict with the provision of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy, or maintain any building or
structure in the City or cause the same to be done contrary to or in violation of any of the
provisions of this Code. Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all
violations involving fire safety, or public health and sanitation and shall be fined not more
than Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day
or any portion thereof which any violation of this ordinance occurs or continues shall be
deemed a separate offense and upon conviction thereof shall be punishable as herein
provided.
SECTION 5.
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 any court of
competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase,
clause, sentence,paragraph, or section.
SECTION 6.
This ordinance constitutes a digest and revision of the Building Code of the City of
Fort Worth, as provided in Section 2, Chapter XXV and Section 9, Chapter XXVII, of the
Charter of the City of Fort Worth. The Planning and Development Department of the City
of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for
general distribution among the public, and the operative provisions of this ordinance, as so
published, shall be admissible in evidence in all courts without further proof than the
production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
Building Code Encroachment Revision 2018 Ordinance No.23445-10-2018
Page 4 of 5
SECTION 7.
The City Secretary of the City of Fort Worth, is hereby directed to publish the
caption,penalty clause, and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of
the Charter of the City of Fort Worth, Texas and by Section 52.013(a) of the Texas Local
Government Code.
SECTION 8.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED A O FORM AND LEGALITY: ATTEST:
1
Melinda Ramos A4dry J. e
Senior Assistant City Attorney City Secr ary
Adopted: October 16, 2018
Effective:
Building Code Encroachment Revision 2018 Ordinance No.23445-10-2018
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication'
COUNCIL ACTION: Approved 9n 10/1012018. .-Ordinance Flo. 23440�19-208,_." -
DATE: Tuesday, October 16, 2018 REFERENCE NO.: G-19400
LOG NAME: 06CORRECTION OF LOCAL AMENDMENT AND IBC M&C
SUBJECT:
Adopt Ordinance to Amend the Fort Worth Building Code by Repealing and Replacing Chapter 7, Section
3210 in Order to Establish Administrative Authority for the Approval of Encroachment Agreements and to
Update the Fees for Certain Encroachments and Applications to the Construction Fire Prevention Board of
Appeals, All Previously Approved by the City Council (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to repeal and replace Section 3210 of the Fort
Worth Building Code to reflect:
1.Administrative approval for certain permanent encroachment agreements and the correct fee for those
agreements; and
2. The correct fee for applications to the Construction Fire Prevention Board of Appeals.
DISCUSSION:
On September 25, 2012, the City Council approved ordinance number 20425-09-2012 which gave the
Planning and Development Director the authority to administratively approve certain encroachments,
established a tiered fee for the encroachment application and established an annual encroachment fee.
On April 1, 2014, the City Council approved ordinance number 21189-04-2014 which amended
development fees, including the application fee for the Construction Fire Prevention Board of Appeals.
The fee was increased from $125.00 to $200.00.
On July 22, 2014, the City Council approved ordinance number 21343-07-2014 which limited the annual
encroachment fee to city-owned property and public rights of way.
On December 6, 2016, the City Council adopted the 2015 International Building Codes and local
amendments. The above items, which had been previously approved by the City Council, were
inadvertently left out of the adopted ordinances. The attached ordinance reestablishes administrative
authority for approval of certain minor encroachment agreements, application and fees for certain
agreements and applications to the Construction and Fire Prevention Board of Appeals.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the approval of this item will put into effect updated fees for certain
encroachments and applications to the Construction Fire Prevention Board of Appeals. Estimated annual revenue
from this change is anticipated to be$5,000.00 per year and has been included in the fiscal year 2019 budget.
Logname: 06CORRECTION OF LOCAL AMENDMENT AND IBC MC Page 1 of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget I Reference # moun
ID ID Year ChartField 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Allison Gray (8030)
Logname: 06CORRECTION OF LOCAL AMENDMENT AND IBC MC Page 2 of 2