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HomeMy WebLinkAboutOrdinance 7808 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 37-26.1 OF CHAPTER 37 OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY REVISING CERTAIN FRONT FOOTAGE CHARGES FOR SERVICE CONNECTIONS; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES AND PROVISIONS OF THE CITY CODE; REPEALING ALL ORDINANCES OR PROVISIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That section 37-26.1. Front Footage Charges for Service Connections of Chapter 37 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended by revising certain front footage charges for service connections; and, after having been so amended, shall hereafter read and be as follows: "Sec. 37-26.1. Front footage charges for service connections. (a) In addition to other connection charges provided in this chapter, a front footage charge shall be paid for all water service connections made from and after the effective date hereof to all water mains constructed or purchased after October 1, 1961, except connections to on-site mains for which the City has previously received payment from a developer and except for re- connection of single customers to a water main enlarged to provide adequate water service. (b) In addition to other connection charges provided in this chapter, a front footage charge shall be paid for all sewer connections made from and after the effective date hereof to sanitary sewers authorized for construction after October 1, 1964, except service connections to sanitary sewers for which the City has previously received payment from a developer. (c) The following definitions shall be used in inter- preting this section: (1) Single customer. An existing occupied residential establishment or an existing commercial establishment. (2) Developer. Any type of new customer other than a "single customer". (3) Commercial establishment . Any establishment other than a one or two-unit residence. (4) Front footage. The number of lineal feet in that portion of a property boundary abutting a street, alley or easement con- taining a sanitary sewer or water facility for which front footage charges are collected for connection. in the case of an easemErt containing a sanitary sewer for which footage charges are collected for connection, which sewer crosses through the property served, the "boundary" on which the front footage charge is to be based shall be the length of the sewer within the limits of such property measured along the center line of such sewer. Front footage to be used in application of front footage charges shall be determined as follows: (1) The front footage charge shall apply directly to property platted into the usual rectangular lots or tracts of land except that the maximum front footage to be used in determining a charge to be made for the connection of a one-unit or a two-unit residence shall be one hundred (100) feet. (2) Where the property served is irregular in shape, the front footage shall be computed as one-sixth (1/6) of the perimeter of such property, except that in no case shall the charge for a one-unit or a two-unit residence on such property be based on a front footage in excess of one hundred (100) feet. A front footage charge will be due each time a connection is made to a different water or sewer facility from such irregular shaped lot or tract. (3) on property which is rectangular in shape and has more than one boundary abutting a street, alley or easement containing a sanitary sewer or water facility serving the property, only that boundary across which a connection is effected will be used in determining front footage charges, except as provided under (1) and (2) above. (4) Where one or more residences other than ,.single customers" are located on an un- subdivided tract, each such residence shall be charged for a front footage of one hundred (100) feet, with the provision that if the property is later subdivided into lots, each lot requiring additional connection -2- to a sanitary sewer or water facility will be charged for front footage in the usual manner. Commercial property will be charged on the basis of actual front footage as defined above under (1) , (2) and (3) . (d) The amount of the front footage charge to be made for each service connection to a water main under this section shall be Nine Dollars and No Cents ($9.00) per front foot. (e) The amount of the front footage charge to be made for each service connection to a sanitary sewer main under this section shall be Six Dollars and Eighty Cents ($6.80) per front foot. (f) The applicable front footage charges required hereunder for water or sanitary sewer service connections shall be paid before plumbing permit can be issued." SECTION 2. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth (1964) , as amended, and all other ordinances of the City of Fort Worth, except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code or other ordinances, in which instances said conflicting provisions of such Code or other ordinances are hereby repealed. SECTION 3. 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 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 herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence paragraph or -3- section. SECTION 4. That all pending litigations and existing violations, both civil and criminal, whether pending in court or not, under those prior ordinances 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; nor shall this ordinance either add to or detract from any other civil remedy available. 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 punishable 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. SECTION 6. That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: i.GllZL4-:�--7 City Attor ey Adopted 1 n/�9,„ Effective_ / /r�C�Z2i -4- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Proposed Changes in Front Foot PAGE NUMBER Charges for Water and Sanitary Sewer 9/12/78 ' °r G-3927 —2— Services According to guidelijes established in I.R. 2947 on July 28, 1977, new front foot charges for water and sanitary sewer services are to be revised quarterly. The next revision is to be effective October 1, 1978. These new charges are to be equal to 80% of t�e on—site front foot costs for water and sanitary sewer. constructed by contrIcts let from September 1, 1977, through August 31, 1978. These new charges have been computed and compare with current front foot chargeL as follows: Co!�putation of Proposed Front Foot Charge Current Total Contract Proposed New Front Foot Price of No. Front Cost Per 80% Front Charge Facility Charge Facilities Ft. Served Front Ft. Foot Cost (Rounded) Water $8.70 $2,373,241 212,092 $11.19 $8.95 $9.00 Sanitary $6.60 $1,810,807 213,544 $ 8.48 $6.78 $6.80 Sewers Where City workers afe utilized to construct extensions to serve new develop— ments or to serve single customers, the charge per foot of water or sewer extension constructed has been set as equal to double the applicable front foot charge. On this basis, the Community Facilities Policy should be amended to provide water and sewer extension charges for facilities constructed by City forces as follows: Current Charge Proposed Charge Facility Per Foot Per Foot Water $17.40 $18.00 Sanitary Sewer $13.20 $13.60 Similar recomputations and revisions of front foot and extension charges will be made each quarter, with the next changes to be effective based on costs for the period of December 1, 19771 through November 30, 1978. It is necessary to provide for an orderly transition from the old front foot charges and the old extension charges to the proposed front foot charges and implementation of the new exfiension charges to be effective October 1, 1978. The following recommendations have been prepared to meet that requirement. Recommendations It is recommended that: DATE REFERENCE SUBJECT: Proposed Changes in Front Foot PAGE NUMBER Charges for Water and Sanitary Sewer 9/12/78 G-3927 Services �_ °f 2-' 1. An ordinance be approved, effective October 1, 1978, amending Section 37-26.1 of Chapter 37 of the Fort Worth City Code to increase front foot charges for water service connections from $8.70 per front foot to $9.00 per front foot and to increase front foot charges for sanitary sewer service connections from �6.60 per front foot to $6.80 per front foot; 2. The Water and Sanitary Sewer Installation Policy be amended to incorporate these front foot charge changes and increase the charge per foot of extensions constructed by City forces from $17.40 per foot to $18.00 per foot for water facilities and to increase the charge from $13.20 to $13.60 per foot for sanitary sewer facilities; and 3. Such charges become effective October 1, 1978, including all developer projects on which bids have not been received by that date and all City forces extension projects not authorized for construction by that date. GG:cu SUB ED BY: DISPOSITIO Y COUNCIL: PROCESSED BY EYAPPROVED �0oHER (DESCRIBE) YlSS ®OPTEDORDfNA3CE JS7E1C,1R*E7ARY _1ft DATE CITY MANAGER� /y 7�