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HomeMy WebLinkAboutOrdinance 17072-07-2006ORDINANCE NUMBER 17072-07-2006 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF FORT WORTH, CI-IAPTER 2 "ADMINISTRATION", ARTICLE T "IN GENERAL", SECTION 2-9{cI} "CONTRACT EXECUTION; CHANGE ORDER"; B'Y PROVIDING TIiAT CERTAIN CONSENT AGREEMENTS FOR ENCROACHMENTS CAN BE EXECUTED BY THE BUILDING OFFICIAL AND DEVELOPMENT DIRECTOR AS AUTHORIZED BY THE CITY MANAGER AND SHALL NOT REQUIRE CITY COUNCIL APPROVAL; PROVIDING TI3AT TIITS ORDINANCE SIIALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: SECTION T.. Chapter 2 "Administration", Section 2-9 "Contract Execution; Chazage Order" Subsection (d); of the code of the City of Fort Worth (1986), as amended is hereby further amended to read as follows: (d) Any contract or other legal instrument for the sale, purchase ox lease of real property shall be approved by the city council prior to execution or acceptance of the city manager; provided, however, that leases of city property far a term not exceeding thirty (30) days and involving an amount not exceeding twenty-five thousand dollars ($25,000.00) may be executed by the city manager without city council approval. Provided further, that the city manager may approve the following without city council approval: (l) Any contract or other legal instrument for the lease, license ar use of facilities at the Wi11 Rogers Memorial Center; (2) Any contract or other legal instrument for the lease, license or use of facilities at the Fort Worth Convention Center; and (3) The vacation of a water, sanitary sewer, public or quasi-public utility or drainage easement. (4) Temporary and permanent water, sanitary sewer, public or quasi- public utility construction easements, right-of-way easements and avigation easements granted to the city and valued at less than f ve thousand dollars 05,000.00). 5 Consent a reements for encroachments into ublic ro ert which comply with Section 3210 of the Building_ Code of the Cit~pravided further that the cit mono er ma authorize the Buildin Official and Develo ment Director to execute such agreements. SECTION 2. This ordinance shall be cumulative of alI provisions of ordinances and of the Code of the City of Fort Worth, Texas (19$b}, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Gode, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the iritention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph ax 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 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of Fort Worth 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 ordinances, same shall not be affected by this ordinance but may be prosecuted until IZnal disposition by the courts. SECTION S. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS T® FORM AND LEGALI'T`Y: David Yett, Gity Attorney $y: ~.~GkNNYt ~ Assistant City Attorney ADC}PTED: Jul 25 20Q6 EFFECTIVE: ~~ ~ ~.,.. pity ®f F®rt liV'®r~h, Texas Mayor and Council Communication COUNCi>_ ACTION. Approved on 7/25/2006 -Ordinance No. '97071-07-2006 & 17072-07-2006 DATE: Tuesday, .duly 25, 2008 LOG NAME; 06ENCROACHMENT REFERENCE NO.; G-15304 SUBJECT: Adopt Ordinance Amending Section 3210 ofi the Fort Worth Building Code, City Code Section 2--9 and 7-47 to Allow Administrative Approval ofi Certain Encroachments that Comply with All City Codes RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance to amend Section 3210 of the Fort Worth Building Code, City Code Section 7-47 to restore administrative approval provisions for certain encroachments an public property to be approved by the Building Official ar the Director of ©evelopment; 2. Establish a tiered fee structure far this service; and 3. Adopt the attached ordinance to Amend Section 2.9 Part D of the City Code to provide for the administrative approval of certain encroachment agreements. DISClJSSION: The Building Code was amended effective July 1, 2001, (M&C G-13262) to require that "all permanent encroachments into public property shall require a duly executed Consent Agreement approved by City Council." Prior to this update, the Building Cade Amendments included the following exceptions to this requirement far City Council approval: 1. The Building Officio[ is hereby authorized to execute Consent Agreements on behalf of the City covering signs that da not project more than two feet over public property when all requirements of this Code, the Sign Code and the Comprehensive Zoning Code have been satisfied. 2 The City Manager is hereby authorized to execute Consent Agreements on behalf of the City, except as provided in Exception No. 1 above, when the encroachment beyond the property line extends no closer Phan within 18 inches of the face of the curb." This change was prompted by a City Council concern about a downtown patio project in 3999 that was approved administratively and generated a citizen complaint. The unintended consequence of this change is that minor items such as replacement of existing building projections, fences, and steps and new signs and awnings all require Council approval. The result is an increase in the average processing time from less than 30 calendar days to approximately 45 calendar days causing delays in the issuance of building permits. Each year, an estimated 25 encroachment agreements are presented on the City Council consent agenda. Of these, approximately half would have been exempt from City Council review under the previous policy. Since the new rules were established, the department has observed a significant increase in the installation ofi signs prior to issuance of permits as business owners become frustrated with the Logr~ame: O6ENCROACHMENT Page 1 of 2 delays. Adequate building codes, inspection personnel and other professional staff exist to ensure the appropriateness of encroachments in the right-of-way. Staff recommends that the previous exceptions to the requirement for Council approval be restored except that the Development Director will be substituted for City Manager in the second exception. Currently, the Development Director consults with a committee including a Transportation and Public Works representative and the Building Official to make a recommendation to the City Manager's Office. It is proposed that the Director of Development be authorized to execute the agreements following this consultation. If this proposed change is approved, the Building Official may authorize sign encroachments up to two feet. The Development Director may authorize all encroachments up to 18 inches behind the face of the curb. The City Council will only consider encroachments into the street and alleys that exceed 18 inches behind the face of the curb. This will save time far City staff, the City Cauncil, and the applicants who are affected by the delays in the issuance of their building permit. The fee for encroachments previously was tiered depending on the level of approval and staff time required. With the 2001 change in the ordinance, only the $450 fee remained since all encroachments require City Council approval. This rate was increased to $500 in 2003. 1=ollowing are the proposed authority levels and corresponding fees. Approval Fee Building Offrcial $970.00 Development Director $200.00 City Council $500.00 Any loss in revenue is expected to be less than $5,000 annually and will be offset by more efficient use of staff time. FISCAL INFORMATIONICI~RTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO FundlAccountlCenters FROM FundlAccountlCenters Subn'oitted for Cit Mane er's Office la ; Dale Fisseler (6266) Ori inatin De artrnent Head; Bob Riley (8901) Additional Inforrraation Contact: Susan Alanis (81 SO) Lognarne: 06ENCROACHMENT Page 2 ©C2