HomeMy WebLinkAboutOrdinance 25824-11-2022 ORDINANCE NO. 25824-11-2022
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE
CITY OF FORT WORTH, CODIFIED AS CHAPTER 31 "SUBDIVISION
ORDINANCE" OF THE CODE OF THE CITY OF FORT WORTH, TO
AMEND ARTICLE V, "SUBDIVISION GENERAL STANDARDS",
SECTION 31-81 TO SPECIFICALLY INCORPORATE BY NAME THE
INSTALLATION POLICY AND DESIGN CRITERIA FOR WATER,
WASTEWATER AND RECLAIMED WATER INFRASTRUCTURE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE.
WHEREAS, on September 12, 2006, the City Council of Fort Worth adopted
Ordinance Number 17154 which combined the Subdivision Regulations of Chapter 31 of
the City Code and the Plan Commission Rules and Regulations into one revised subdivision
ordinance adopted by the City Council as Appendix C,"Subdivision Ordinance"to the City
Code; and
WHEREAS, on October 30, 2007, the City Council adopted Ordinance Number
17851 which repealed the contents of Chapter 31 "Subdivision Regulations",replaced with
the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C; and
WHEREAS, on May 7, 2019,the City Council adopted the Installation Policy and
Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure; and
WHEREAS, on June 4,2019, the City Council adopted Ordinance No. 23679-06-
2019,to incorporate the City's utility construction policies into the Subdivision Ordinance
by reference; and
WHEREAS, to avoid confusion, it is advisable to amend the Subdivision
Ordinance to specifically incorporate by name the Installation Policy and Design Criteria
for Water, Wastewater, and Reclaimed Water Infrastructure; and
WHEREAS,the City Plan Commission has reviewed the proposed amendment and
recommends amending the Subdivision Ordinance as proposed;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS
SECTION 1.
Chapter 31, "Subdivision Ordinance"of the Code of the City of Fort Worth, Texas
(2015), as amended, is hereby further amended by amending Article V, "Subdivision
General Standards," Section 31-81, to revise subsection (b)(5)a. to read as follows:
2022 Subdivision Ordinance Amendment Water Policy Ordinance No25824-11-2022
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a. Design manuals. The City's traffic engineering manual; Installation Policy and
Design Criteria for Water, Wastewater, and Reclaimed Water Infrastructure; and
utility construction policies, as adopted and amended by the City Council and
published by the City are hereby incorporated by reference as if fully set forth in these
regulations.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
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 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 Code of the City 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
final disposition by the courts.
2022 Subdivision Ordinance Amendment Water Policy Ordinance No25824-11-2022
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SECTION 5.
This ordinance shall take effect after adoption.
APPROVED AS TO FORM AND LEGALITY:
Tdnnel-fB S. Goodall
Richard A.McCracken(Nov 11,2022 10:56 CST) Jannette S.Goodall(Nov 11,202210:57 CST)
Richard A. McCracken Jannette S. Goodall
Senior Assistant City Attorney City Secretary
ADOPTED:November 8, 2022
F FoRr'°•
EFFECTIVE: November 8,2022
.`XAS
2022 Subdivision Ordinance Amendment Water Policy Ordinance No25824-11-2022
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0898
LOG NAME: 06SUBDIVISION ORDINANCE AMENDMENT-WATER POLICY 2022
SUBJECT
(ALL)Adopt Ordinance Amending Chapter 31 Subdivision Ordinance to Specifically Incorporate by Name the Installation Policy and Design
Criteria for Water,Wastewater,and Reclaimed Water Infrastructure
RECOMMENDATION:
It is recommended by the City Plan Commission that the City Council adopt the attached ordinance amending Chapter 31 of the City Code,the
Subdivision Ordinance,to specifically incorporate by name the Installation Policy and Design Criteria for Water,Wastewater, and Reclaimed Water
Infrastructure.
DISCUSSION:
The City Council adopted the Installation Policy and Design Criteria for Water,Wastewater,and Reclaimed Water Infrastructure("Water Policy")to
be effective on June 1,2019.The City Council adopted Ordinance No.23679-06-2019 amending the Subdivision Ordinance to incorporate the
City's utility construction policies,including the Water Policy,but did not specifically name the Water Policy in the text of the City Code.
City staff are working on updates to the design manuals, utility construction policies,and the Subdivision Ordinance. As part of those updates, it
was determined that to avoid any confusion the Water Policy should be specifically incorporated by name into the Subdivision Ordinance. City
Staff have determined that specifically naming the Water Policy in the Subdivision Ordinance should be done now,with any additional changes to
the design manuals, uility construciton policies, and the Subdivision Ordinance to be presented to the City Council in the future. Adoption of the
attached ordinance will not make any changes to the Water Policy.
On October 26, 2022,the City Plan Commission voted to recommend approval of the amendment to the Subdivision Ordinance to specifically
incorporate by name the Water Policy.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by Dana Burghdoff 8018
Originating_Business Unit Head: D.J.Harrell 8032
Additional Information Contact: