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HomeMy WebLinkAboutOrdinance 7094 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 37 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, WHICH CHAPTER REGULATES WATER AND SEWER SERVICE IN THE CITY, BY INCREASING WATER AND SEWER TAP AND SEWER SERVICE LATERAL CHARGES AND INCLUDING STREET REPAIR CHARGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING WATER AND SEWER SERVICE AND STREET REPAIR CHARGES; PROVIDING FOR REPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That paragraph (d) of Section 37-26 of Chapter 37 of the Fort Worth City Code (1964) , as amended, be, and the same is hereby amended to read as follows: " (d) A charge shall be made by the city water de- partment for each tap made to a water main for a connection, which charge shall be determined by the size of the connection and the character of the surface of the street in which the connection is to be located. From the following schedule shall be determined the charge for making taps, and the charge shall be payable in advance: INSTALLATION CHARGE, WATER Paved Street (concrete, Unimproved Penetration H.M.A.C. or Size Tap Street Street Flexible Base) 3/4 inch $150.00 $240.00 $280.00 1 inch 160.00 250.00 290.00 1-1/2 inch 270.00 350.00 395.00 2 inch 300.00 380.00 430.00 For each 3/4 inch branch, add $25.00 For each 1 inch branch, add $35.00 "Any water connection larger than two (2) inches shall be made under contract between the customer and the city. Total material and installation costs of the tap and meter or meters, including multiple meter settings instead of a three (3) inch or larger meter setting shall be paid by the customer. Payment shall be based on the cost estimated by the water department, acting by and through the director or superintendent of the water department. Developers will pay the full cost of all water service taps constructed by contract in new developments. "That portion of the building sewer known as the sewer tap and that portion known as the sewer service lateral shall be constructed only by city forces or by contractor employed or approved by the city. Such construction shall be in ac- cordance with the general specifications of the Fort Worth Water Department. The plumber or other person seeking to connect to a city sanitary sewer shall apply for a sewer tap and/or sewer service lateral at the office of the water department. The plumber shall obtain a written description or sketch from the office of the water department showing the approximate location of the sanitary sewer serving the property, and the water department, upon application, shall furnish such written de- scription or sketch to the plumber and to the plumbing inspector. Charges for construction of a sewer tap and/or service lateral shall be due and payable when application is made. "The charges for a sewer tap and/or sewer service lateral of the size eight (8) inches or less, to be installed by city forces shall be as follows: SEWER TAP AND/OR SEWER SERVICE LATERAL Location and Type of Street 4-inch 6-inch 8-inch Tap in Street Dirt $190.00 $215.00 $375.00 Penetration 250.00 275.00 435.00 Paved (Concrete, H.M.A.C. or Flexible Base) 280.00 305.00 465.00 Tap in Alley 140.00 160.00 280.00 Tap in Easement 95.00 110.00 190.00 2 - "Charges for street repair to permanent type paving including concrete, hot mix or flexible base and penetration type paving are included in the sched- ules in this paragraph for the therein described water tap and sewer tap and/or sewer service lateral. "Charges for all taps of any size installed by a contractor employed or approved by the city, and charges for sewer taps exceeding eight (8) inches installed by city forces, shall be the installation cost of materials, equipment and labor. Street and alley repair charges shall be paid in accordance with rates established by the director of the de- partment of public works. "If the sewer tap and/or sewer service lateral is installed by a contractor employed or approved by the city, the charges shall be the actual cost of construction as established by the bid item in the construction contract. "The city maintains in part of the downtown area a separate sanitary sewer system to serve the base- ments of the buildings located in that area. The separate system is referred to as the deep sewer. The construction of the sewer tap and/or the sewer service lateral shall be done by city forces; pro- vided that where the sewer service lateral can be constructed without cutting the surface of the public street, the plumber or person holding the permit may be permitted by the plumbing inspector to construct the sewer service lateral in accord- ance with requirements of the Fort Worth Plumbing Code and all other applicable ordinances of the city, subject to the approval of the plumbing in- spector. Any work done by city forces in making a deep sewer connection shall be paid for by the plumber or other person holding a plumbing permit relating to such deep sewer connection. "The above charges shall be in addition to appli- cable fee or fees provided for in the Fort Worth Plumbing Code. No plumbing permit for work which involves the construction of the sewer tap and/or sewer service lateral shall be issued until the charges have been paid and receipt evidencing such payment is presented to the person issuing the plumbing permit." SECTION 2. That paragraph (g) of Section 37-26 of Chapter 37 of the Fort Worth City Code (1964) , as amended, be, and the same is hereby amended to read as follows: - 3 - " (g) The city waterworks department is authorized to make a charge according to the schedule set out in paragraph (d) hereof against the owner of each abutting lot served by each sewer tap and/or sewer service lateral constructed under paragraph (e) . "For the purpose of this section, a sanitary sewer tap is hereby defined as a connection to a public sanitary sewer located in a public street and ex- tended to a point approximately three (3) feet be- hind the curb line adjacent to the property served thereby." SECTION 3. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964) , as amended, affecting water and sewer service and street re- pair charges, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 37 of the Code of the City of Fort worth (1964), as amended, and of any other ordinance affecting water and sewer service and street repair charges which have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 4 SECTION 5. 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 sections of this ordinance, since the same would have been enacted by the City council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 7. That this ordinance shall be in full force and effect from and after the date of its passage and publication as re- quired by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: S. G. Johndroe, Jr., City Attorney 5