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HomeMy WebLinkAboutOrdinance 7482 ORDINANCE NO, 1e�2 Z AN ORDINANCE AMENDING SECTIONS 4602, (b) , 4607 AND 4608 OF THE BUILDING CODE OF THE CITY OF FORT WORTH, AS AMENDED, (ORDINANCE NO, 7337) BY AMENDING THE REQUIREMENTS FOR A CONSENT AGREEMENT; AMENDING THE SPECIAL REGULATIONS FOR USE OF PUBLIC PROPERTY; AMENDING PER- MANENT OCCUPANCY SPECIAL REQUIREMENTS; AMEND- ING APPLICATION FEES; MAKING THE ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND PROVISIONS OF THE BUILDING CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That Paragraph (b) Section 4602 of the Building Code of the City of Fort Worth, as Amended, (Ordinance No, 7337) be and the same is hereby amended so that hereafter same shall be and read as follows: (b) Consent Agreement. The applicant shall furnish a duly executed agreement to the City upon forms furnished by the City. The forms for such agreements shall be approved from time to time by the City Attorney and City Council. Approved forms shall be kept and made available to applicants in the office of the Building Official and City Sec- retary, Consent Agreements concerning encroaching tunnels and walkways may be specifically written to protect the public, providing for penalties when the construction completion date extends be- yond the estimated construction completion date. SECTION 2, That Section 4607 of the Building Code of the City of Fort Worth, as Amended, (Ordinance No. 7337) be and the same is hereby amended so that hereafter same shall be and read as follows: SPECIAL REGULATIONS FOR USE OF PUBLIC PROPERTY Section 4607. (a) No part of any building or structure, or any appendage thereto, that is not in compliance with the provisions of this chapter shall project into public property. EXCEPTIONS- 1. The projections in Chapter 45 of this Code are permitted unless specifically restrict- ed in this chapter. 2. Gratings over openings in public prop- erty which have openings not exceeding 7/16 inch and are designed to withstand loads in excess of 150 pounds psf may permanently occupy public property. (b) Permanent Encroachments, All permanent encroachments into public property not otherwise provided for by the provisions of this chapter shall require the following approval: 1. The Building official is herby auth- orized to execute Consent Agreements on behalf of the City concerning encroachments which do not exceed the requirements contained in the Sign Code of the City of Fort Worth and Chap- ter 45 of the Uniform Building Code. 2. The City Manager is hereby authorized to execute Consent Agreements on behalf of the City concerning encroachments that project be- yond the limits contained in the Sign Code of the City of Fort Worth and Chapter 45 of the Uniform Building Code and those encroachments which do not project from the property line to within eighteen inches or less of the curb line. 3. The City Council shall approve or dis- approve all encroachments which project from the property line to within eighteen inches or less of the curb line, after such encroachments have been reviewed by the City staff committee. (c) Awnings. Any structure conforming to the definition in this Code of an awning is to be considered a temporary occupancy and need conform only to the provisions concerning tem- porary occupancies. (d) Marquees, Any structure conforming to the definition in this Code of a marquee is to be considered a permanent occupancy of public -2- property and shall conform to the special re- quirements of this chapter. SPECIAL EXCEPTION: Any architectural pro- jection conforming to the provisions of Chap- ter 45 of the Uniform Building Code is not to be considered as a permanent occupancy of pub- lic property. Fees for encroachments shall be applicable. (e) Signs. Advertising signs projecting into public property are to be considered a permanent occupancy of public property. All advertising signs shall conform to the City of Fort Worth Sign Code, EXCEPTION: An identification sign dis- played as part of a marquee shall be con- sidered a part of the marquee, provided the sign contains no advertising, is displayed to identify or locate the building or place of business and the height of the message does not exceed 3 feet. SECTION 3. That Section 4608 of the Building Code of the City of Fort Worth, as Amended, (Ordinance No. 7337) be and the same is hereby amended so that hereafter same shall be and read as follows: PERMANENT OCCUPANCY SPECIAL REQUIREMENTS Section 4608. (a) Procedure, The applicant shall forward to the City Secretary three (3) copies of the duly executed Consent Agreements, Certificate of Insurance and plans. (b) Fees, The applicant shall pay to the Building Official the Application Fees as shown in Table 46-A. (c) Approval, When all requirements of this chapter have been satisfied, the City Secretary shall forward the application to the Building Official, City Manager or City Council, as appro- priate, for consideration. (d) When City Council approval is required, -3- the Building Official shall issue a Building Permit after such approval. (e) Upon approval, the consent agree- ments shall be valid for 25 years or until it is removed either voluntarily by the owner or by order of the City Council or remodeled to the extent that a permit (sign or building) is required. TABLE 46-A, FEE SCHEDULE Type Application Fee Consent Agreements which are to be approved by the Building Official $ 25.00 Consent Agreements which are to be approved by the City Manager $ 50.00 Consent Agreements which are to be approved by the City Council $100.00 SECTION 4. That this ordinance shall be cumulative of all provisions of the Building Code of the City of Fort Worth, as Amended, (Ordinance No. 7337) with respect to the requirements for a Consent Agreement, the special requlations for use of public property, the permanent occupancy special requirements and the application fees, except in those instances where the pro- visions of this ordinance are in direct conflict with the pro- visions of such code, in which instances said conflicting pro- visions of such code are hereby repealed. SECTION 5. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, in- effective or unconstitutional by a court of competent juris- diction, the holding of such section, part of a section or -4- provision of any section to be void, ineffective or uncon- stitutional for any cause whatsoever shall in no way affect the validity of remaining sections or 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 provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 6. 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: City Attorney ADOPTED BY CITY COUNCIL EFFECTIVE -5- FILE ,HUMAN City of .Fort Worth, Texas JNE SANTERRE Mai or and Council Communication BAILIFF 3RAHAM DATE REFERENCE SUBJECT: Encroachment Inspection Policy PAGE NUMBER and Fees 2 PAIGE 1/24/77 G-3290 1 of WILKES The procedures used by the City of Fort Worth to regulate encroachments of pri- vate property on City owned right--of--way have recently been reviewed. Types of Encroachments A. Overhead 1. Electrical wires 2. Marquees and Canopies 3. Buildings, including walkways B. Underground 1. Electrical wires, tubes, conduits, etc. 2. Tunnels 3. Buildings C. Signs The present procedures require property owners to execute a consent agreement form.specifying the location of the encroachment and requiring proper insurance to protect the public's interests. An initial application fee and an annual inspection fee are levied for all approved encroachments. For temporary encroachments, the Building Official is authorized to issue Building Permits when the applicant has complied with all of the above provisions. Applications for permanent encroachments are forwarded to the City Council for consideration. Following Council approval, the Building Official issues a Building Permit. At the present time, owners of existing sign encroachments, including legal non-conforming encroachments are subject to annual inspection by the Building Inspection Staff at a fee of $25. Many businessmen have complained about the present procedure used by the City in reference to the time involved in securing approval of sign encroachments and particularly about the annual inspection fee. Under the present program there are many signs that cannot be inspected properly because they are so high that special equipment is required to reach them. Also, many of the encroachments have hidden features that cannot be inspected. As a result of the review of procedures, staff proposes several changes in the Sign and Building Codes. 1. Encroachments relating to existing uses either above or below ground would be considered non-conforming encroachments and would require the consent agreement form be signed and the liability insurance provided. 2. The non-conforming consent agreement would be voided when the encroachment is removed or structurally remodeled to the extent that a permit (sign or building) is required. DATE REFERENCE SUBJECT: Encroachment Inspection Policy PAGE NUMBER 1/24/77 G--3290 and Fees 2 of 2 3. T,&. expedite the handling of encroachments, the ordinances should be changed to allow the Building Official to approve any agreements providing for encroachments which are permissible under the sign code and 'Chapter 45 of the uniform Building Code. 4. When the encroachments are non-conforming and exceed those requirements of the sign code and Chapter 45 of the Uniform Building Code, the City Manager should be authorized to approve such consent agreements. 5. Both existing and new encrrachments that project 18" or more from the curb shall be reviewed by the Encroachment Committee (Director of Planning Department, Director of Public Works Department, Director of Traffic Engineering, and the Building Official) and approved or disapproved by the City Council. 6. All yearly inspection fees will cease and be replaced with a one time "filing fee" for the consent agreement forms and liability insurance. There would be three types of fees: a. Consent agreements that can be approved by the Building Official ($25) . b. Consent agreements that can be approved by the City Manager ($50) . c. Consent agreements that must be approved by the City Council ($100). Upon approval, the consent agreements shall be valid for 25 years or until the encroachment is removed either voluntarily by the owner or by order of the City Council. Program Cost and Financing The present sign encroachment program has produced $5,335 in application and inspection fees through the period of January 1976 - July 1976. With the above changes the loss in income over the same period would be approximately $2,300 per year. These proposed changes would revise inspection procedures and would require an amendment to the present ordinance and rewriting of the consent agreement form. Recommendations It is recommended that the attached ordinance revising the encroachment pro- cedures be adopted and the attached consent agreement form be approved. GG:sm Attachments SUBMITTED BY: DISPOSITIO BY COUNCIL:KXZ 7TY LPIAPPROVED [IOTHER (DESCRIBE)nomp ^"' �" SECRETARY DATE /J CITY MANAGER t CONSENT AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT made and entered into the day of , 19 by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through R. N. Line, its' duly authorized City Manager, and hereafter referred to as Grantee. -W I T N E S S E T H- 1. Forand in consideration of the payment by Grantee of the charges set out below and the true and faithful performance of the mutual covenants herein contained, the City of Fort Worth hereby grants to Grantee the permission to encroach upon, use and occupy portions of the space on and/or above the public streets for the purposes as described and 'located in Exhibit "A" attached hereto, said Exhibit "A" is incorpo- rated herein by reference and is to be considered as a part of this instrument. 2. Grantee agrees, binds and obligates itself, its heirs and assignees, as an independent contractor, to maintain such encroachment and use and all construction, maintenance and operation in connection with such encroachment and use shall be performed in strict compliance with the Charter, Ordinances and Codes of the City of Fort Worth. All plans and specifications therefor shall be subject to the prior approval of the Director of Public Works, but such approval shall not relieve Grantee of responsibility for concept, de- sign and computation in the preparation of such plans and specifications. 3. Upon completion of construction and thereafter, there shall be no encroachments in, under on or above the surface area of the streets and sidewalks, involved, except as shown on Exhibit "A" referred to in paragraph -1. 4. The Grantee, at no expense to the City, shall make proper provision for the relocation and/or installation of any util- ities affected by such encroachment and use including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event any installation, reinstallation, relocation or repair of any existing or future utility or im- provements owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to the City an additional amount equal to such additional cost as determined by the Director of Public Works of the City of Fort Worth. -2- 5. In order to defray the costs of processing this agreement which the City of Fort Worth has incurred or might incur as a result of the construction, reconstruction or maintenance of the encroachments and uses provided for by this contract and agreement, Grantee binds and obligates itself, its heirs and assignees to pay the City of Fort Worth at the time this agreement is executed the sum of Dollars 6. The initial term of this agreement shall be twenty-five (25) years, commencing on the date this agreement is executed. 7. Upon the termination of this agreement for any reason whatsoever, Grantee shall, at the option of the City and at no expense to the City, restore the public streets and adjacent supporting structures to a condition acceptable to the Direc- tor of Public Works and in accordance with then existing City specifications. 8. It is further understood and agreed between the parties that the legal title to city streets, which includes the por- tions of such streets used and encroached upon as described herein, belongs to the State, and the City of Fort Worth exercises such powers over the streets as have been delegated to it by the Constitution of the State of Texas or by the Legislature; that the City of Fort worth holds the streets -3- as trustee for the Public; and that the City of Fort Worth cannot contract away its duty and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of the City of Fort Worth, to wit, its City Council, should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets to be used for any other public purpose, including but not being limited to underground, surface or overhead communica- tion, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose whether pres- ently contemplated or not, then this agreement shall be auto- matically cancelled and terminated as provided in the preced- ing paragraph. 9. Grantee agrees to comply fully with all applicable fed- eral, state and municipal laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. 10. Grantee agrees to pay promptly when due all feeslor taxes provided for by this agreement or any federal, state or local statute, law or regulation. 11. Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend, the City of Fort Worth, its agents, servants or employees, from and against any and -4- all claims for damages or injuries to persons or property of whatsoever kind or character, whether real or asserted, aris- ing out of or incident to the construction, maintenance, occu- pancy, use, existence or location of the said encroachments and uses; and Grantee hereby assumes all liability and respon- sibility for injuries, claims or suits for damages to persons or property, of whatsoever kind or character, whether real or asserted, occuring during the term of this agreement and aris- ing out of or by reason of the construction, maintenance, occu- pancy, use, existence or location of the said encroachments and uses. 12. Grantee agrees to furnish proof that he has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use- and occupancy of public property as located and described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per accident $ 50,000 Personal injury or death, per person $100,000 Personal injury or death, per accident $300,000 with the understanding of and agreement by Grantee that such insurance amounts may be revised upward at Grantor's option and that Grantee covenants and agrees to so revise such amounts within thirty (30) days, following notice to Grantee of such requirement. Grantee agrees, binds and obligates itself, its heirs and assignees to maintain and keep in force such liability insurance; proof of maintenance of such liability insurance -5- shall be submitted annually on the same day and month that this agreement was executed. 13. Grantee agrees to deposit with the City of Fort Worth when this agreement is executed a sufficient sum of money to be used to pay necessary fees to record this consent agreement in its entirety and in the deed records of Tarrant County, Texas, After being so recorded, the original hereof shall be returned to the City Secretary of the City of Fort Worth, Texas. 14. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this day of 19� CITY OF FORT WORTH By R. N. Line City Manager ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: 00 City Attorney By ATTEST: -6-