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HomeMy WebLinkAboutOrdinance 7753 ORDINANCE NO. -7-7,!51 AN ORDINANCE AMENDING SECTION 37-26.1 OF CHAPTER 37 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, BY REVISING CERTAIN CHARGES; MAKING THIS ORDINANCE CUMULA- TIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING 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 Fort. Worth City Code (1964) , as amended, be and the same is hereby amended and, after having been so amended, shall hereafter read and be as follows: "Sec. 37-26.1. Front footage charges for service connec- tions. (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 reconnection 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 establish- ment. (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, containing a sanitary sewer or water facility for which front footage charges are collected for connection. In the case of an easement containing a sanitary sewer for which footage charges are collected for connection, which sewer crosses through the prop- erty 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 rectangu- lar lots or tracts of land except that the maximum front footage to be used in determin- ing 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 unsub- divided 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 to a sanitary sewer or water facility will be charged for front footage in the usual man- ner. 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 sec- tion shall be Eight Dollars and Seventy Cents ($8.70) 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 Sixty Cents ($6.60) 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." -2- SECTION 2. That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith by only insofar as any 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. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Chapter 37 or of any amendments thereto, of the Fort Worth City Code (1964) , as amended, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations, the Court shall have all of the powers that existed prior to the effective date of this ordinance. SECTION 4. It is hereby declared to be the intention of the City Courcil 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That the violation of any provision of this ordinance or of the Fort Worth City Code relating to water and sewer service shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200.00) , and each violation thereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. -3- SECTION 6. That this ordinance shall be in full force and effect from and after the date of July 1, 1978, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: �rLty Atto(ey/ Adopted by the City Council C1 -7 K2