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HomeMy WebLinkAboutOrdinance 5925 ORDINANCE K'J AN ORDINANCE AMENDING CHAPTER 37 OF THE FORT WORTH CITY CODE (1964) BY ADDING THERETO SECTION 37-26A; PROVIDING FRONT FOOTAGE CHARGES FOR SERVICE CON- NECTIONS MADE TO CERTAIN WATER MAINS CONSTRUCTED AFTER OCTOBER 1 , 1961 ; PROVIDING FRONT FOOTAGE CHARGES FOR CERTAIN SERVICE CONNECTIONS MADE TO SANITARY SEWER AUTHORIZED FOR CONSTRUCTION AFTER OCTOBER 1 , 1964; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES ; REPEALING ALL ORDINANCES AND PROVISIONS OF !HE FORT WORTH CITY CODE IN CONFLICT HEREWITH , PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY ; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1 Chapter 37 of the Fort Worth City Code (1964) is hereby amended by adding to such Chapter Section 37-26A reading as follows . "Sec. 37-26A. Front footage charges for service connections water - sewer. (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 after October 1 , 1961 except connections to service "single customers" and except connections to on-site mains for which the City has previously received payment from a developer : (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 construc- tion after October 1 . 1964 except connections to service "single customers" and except service connections to sanitary sewers extended by a developer. (c) The following definitions shall be used in interpret- ing this section. ( 1 ) single customer . an existing occupied residen- tial c-tablishment or an existing commercial establishment , (2) developer . any type of new customer other than a ''single cust,;-ner'l (3) commer :ial 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 u.+rndary abutting a street, alley or easement containing a ,-)nitary sewer or water -i - facility for which front footage charges are collected for connection, In the case of an easement containing a sanitary sewer for which front footage charges are collected for connection, which sewer crosses through the pro- perty to be 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 fine of such sewer. Front footage to be used in application of front footage charges shall be determined as follows : (i ) The front footage charge shall apply directly to property platted into the usual rec- tangular lots or tracts of land except that the maximum front footage to be used in determining a charge to be made for connection of a one-unit or a two-unit residence shall be 100 feet, (ii ) Where the property served is irregular in shape, the front footage shall be computed as one sixth 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 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. (isi ) On property which is retangular 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, ex- cept as provided under (i ) and (ii ) above. ('iv) Where one or more residences other than "single customers'' are located on an unsubdivided tract, each such residence shall be charged for a front footage of 100 feet, with the provision that if the property is later subdivided into lots, each lot requiring additional connection 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 ('i ) , (ii ) , and (iii ) • (d) The amount of the front footage charge to be made for each se,­,ice connection to a water main under this section shall be $2,50 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 $2.00 per front foot. -2- (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. This ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith but only insofar as the portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 3. If any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or pro- visions of any section of this ordinance that were unconstitutional , void or ineffective if it had know that they were unconstitutional , void or ineffective at the time of adopting this ordinance. SECTION 40 The violation of any provision of this ordinance or of any provision of the Fort Worth City Code relating to water or sewer service connection charges shall be deemed an offense and shall be punishable by a fine not exceeding Two Hundred Dollars ($200) , and each violation thereof and each day that there is a failure to comply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such, -3- SECTION 5. The effective date of this ordinance shall be APPROVED AS TO FORM AND LEGALITY: '5 r C5- -"re s/t City Attorney Adopted by the City Council Effective -4- City of Fort Worth, Texas LINE Mayor and Council`cil Communication dt nica`ion MORPHIS GRAHAM DATE REFERENCE SUBJECT: Proposed Ordinance - Water and PAGE 3/25/68 UWBERG-12 Sanitary Sewer Front Footage 1 1 HARDYFees ✓ Of Members of the City Council have expressed concern that citizens are not properly informed on front footage charges which are due the City before service connections to serve construction on presently vacant lots. Amendment of Ordinance In order to provide more notice regarding City policy concerning front footage charges, it is proposed to amend the City Code, Chapter 37, Article Iilt Water and Sewer Rates to include the front footage charges. Presently, the front footage fees are outlined ofl,ly in the policy for water and sanitary sewer installations in community facilities contracts. Provisions of Amendment The proposed amendment to Chapter 37 of the City Code is attached and contains the same provisions as the present policy regulating water and sanitary sewer front footage charges: 1) In addition to other connection charges, a front footage charge shall be paid for all water service connections made to water mains constructed after October 1, 1961, except connections to to serve "single customers" and except connections to on-site mains for which the City has previously received payment from a developer. 2) In addition to other charges, a front footage charge shall apply to sanitary sewer connections to mains authorized for construction after October 1, 1964, except for sewers constructed by developers. 3) The front footage charges are established at $2.50 for water service and $2.00 for sanitary sewer service per front lot foot. The proposed ordinance does not include the "per connection" charge for sanitary sewer connections made to approach mains constructed to serve new areas, since a special "per connection" ordinance is adopted for each sanitary sewer approach main when requested by the developer. Recommendations It is recommended that the proposed ordinance establishin o tage charges for water and sewer connections be approve •QFF��+�A�. �g�F%v HDM:fk Attach. LIT ;� SUBMITTED BY: DISPOSITIOyooBY COUNCIL: '" I :i _ PROCESSED BY APPROVED 0 OTHER,;. A ��C 1 �(aiz � `/a.5� CI�SECRETARY / DATE CITY MANAGER