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HomeMy WebLinkAboutOrdinance 6044 ORDINANCE NO. (G AN ORDINANCE AMENDING SECTION 37-26A OF CHAPTER 37 OF THE FORT WORTH CITY CODE (1964) WHICH SECTION REGULATES FRONT FOOT- AGE CHARGES FOR WATER AND SEWER SERVICE CONNECTIONS IN THE CITY, BY MAKING SUCH CHARGES APPLICABLE TO WATER MAINS PUR- CHASED AFTER OCTOBER 1, 1961; MAKING SUCH CHARGES APPLICABLE TO EXISTING "SINGLE CUSTOMERS"; MAKING THIS ORDINANCE CUMULA- TIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,, THAT: SECTION 1. Section 37-26A of Chapter 37 of the Fort Worth City Code (1964) is hereby amended, and after being so amended, same shall hereafter read„ as follows: "Sec. 37-26A. Front footage charges for serv- ice 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 or purchased after October 1, 1961, except connections to on-site mains for which the City has previously received pay- ment from a developer, end eKCept for reconnection of "single custpmers” to 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 extended by a developer. " M The following definitions shall be used in interpreting this section: " (1) Single Customer: an existing occupied residential establishment or an existing commercial establishment. " (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 ease- ment containing a sanitary sewer or water facility for which front footage charges are collected for connection. "In the case of an easement contain- ing a sanitary sewer for which front foot- age charges are collected for connection, which sewer crosses through the property to be served, the 'boundary' on which the front footage charges 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 applica- tion of front footage charges shall be deter- mined as follows: " (i) The front footage charge shall apply directly to property platted into the usual rectangular lots or tracts of land except that the maximum frontfootage 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 frontfoot- age 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 foot- age 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. -2- F f " (iii) On property which is rec- tangular in shape and has more than one boundary abutting a street, alley or easement containing a sanitary sewer or water facility serving the prop- erty, only that boundary across which a connection is effected will be used in determining front footage charges, except as provided under (i) and (ii) above. "(iv) Where one or more residences 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 ac- tual front footage as defined above under (i) , (ii) and (iii) . " (d) The amount of the front footage charge to be made for each service connection to a water main under this section shall be $2.50 per front foot. " (e) The amount of the frontfootage charge to be made for each service connection to a sani- tary sewer main under this section shall be $2.00 per front foot. " (f) The applicable front footage charges required hereunder for water or sanitary sewer service connections shall be paid before plumb- inq 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 -3- or provisions of the Fort Worth City Code not in direct con- flict 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, ineffec- tive or unconstitutional by a court of competent jurisdic- tion, the holding of such section, part of a section or pro- vision of any section to be void, ineffective or unconstitu- tional 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 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 4. 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 ordi- nance shall be and is hereby deemed to be a distinct and separate offense and punishable as such., -4- SECTION 5. The effective date of this ordinance shall be July .1, 1969, APPRO E'AS TO FORM AND LEGALITY: 05 t V74 1 / City Attorney Adopted by the City CounciX' Effective / -5- 004fAk MWE City tod Fort Worth, Eexas I MVIVIr anud' cv'aunril Continunication F�j�_01sed C h'''a"—n g-e_sI*n­t TGE REFERENCE 8 policy PA NUMBER IiARDY for Water and Sanitary Sewer 5 ............. Main_Extensions.,__ Late last stminer members of the City Council expressed-interest in reviewing the City s water main extensiou policy, especially in. older areas of the City. The staff has reviewed the poIicies effecting both DId and new areas and recommends policy dhanges for both water and sanitary sewer, extensions-in older areas, the establisbmeut of uniform charges for short main ex0nadons,to serve new develop- ment and =iferm payments to developers for constructing larger mains than required to serve the development in Ihich they are installed. .......... sla Extensions In Older Areas of & 1 fit v- - Present Under present policy an existing, occupied residential or commercial establish- ment, defined as a "single customer,'' Is granted 100 feet of free in extension and is not required to pay the front footage- charge-of $2.50 per lot front foot for water or the $2.00 for sanitary sewer aerqss the width of his lot. When necessary to extend a main to serve an "existing single customer", and an exten- sion longer than 100 feet is required, the "single customer"" 'pays $2.50 per linear foot for water and $2.00 per foot for sewer for the footage required in excess of 100 feet. Refunds are made to the single customer of front footage- payments for new taps made to the line by others if the taps serve new construe-, tion. The result is that "single customers" often pay no part of the cost of mains constructed to serve them, whereas, new customers tapping water mains constructed since October 1, 1961, and sewer mains constructed since October 1, 1964, pay the front footage charge or 80 per cent of the cost if the new main serves a new development. Front footage charges are required for new taps on water mains constructedar purchased by the City since October 1, 1961, and sewer mains constructed since October 1, 1964, as follows: Water and sewer mains that have previously been extended to serve "single customers," off-site (approach) extensions for developers, mains replaced because of inadequate size or structural conditions and mains enlarged, replaced or extended in advance of street improvements. (Front footage charges do not apply to sanitary sewer off-site (approach) mains to serve developers, but a "per connection diarge" ordinance nay be adopted to afford developers refunds for conaections to such sewers.) fro Deed polio Chan �e for txensions to Serore Sin le customers In order to reduce the excessive cost of main extensions to the City and to make the water and sanitary sewer extension policy more equitable to all classes of customers connecting to the water and sewer system, it is proposed the front footage charge be applied to "single customer" taps and that the excess footage charge be increased from the present $2.00 for sanitary sewer and 42.50 for water to $4.00 for sanitary sewer and $5.00 for water. DATE RUE ENCE susjECr` Proposed,Changes in the Policy PAGE NUM for "ater and Sanitary Sewer .2 5 E O-1.529 Main Extensions _.. :,, 4, The policy whereby the City extends 100-f oat free, for each existing customer would still be retained to facilitate main-extensions.-tensions..fnto°sparsely developed areas annexed to the City An example of the net, effect of this proposed policy change would be as follows: On a water main extension of 750 feet, six custo ers, eacli owning a 75 foot .lot N . of Custutwrs (6) ,x 100 feet 600 feet free ",total fObtage 750 feet fraea footage 500 feet 150 foot excess footage 150 feet x $5400 per foot $750.00' $750.00 divided by 6 customers $125.00 excess footage charge per customer 75 feet frontage x $2.50/per front foot $187.50 front footage charge per customer w0 al Cost per Customer $187.50 front footage charge $125.00 excess footage charge (1) ' $312.50 (1) Note: Refun s would be made for a period of ten years from fee- charged new customers tapping the main so that part or all of the $125.00 could be refunded. It is recommended that to give ample time for existing "single customers" to complete any projects currently t der way, this policy change take effect six months after adoption of this new policy. Exam lee, of Recent Extensions for Single Customers Under present policies, the City pays the toil cost of main extensions to serve ""single cus omers" when not over 100 feet of extension is required per customer. For example, the ,cost of the water main constructed 'by contract to nerve 39 single customers in the William Springs Road community was $39,000, including 10 per cent engineering or an average cost of $1,000 per customer. The only charge to the '"single customer" was the tapping charge. Under the proposed, policy the William Springs Road water project cited above would have cost the City $30,200 and the customers $8,800 ($225 each) rather than all of the $39,000 being borne by the City. An exam,ple of the cost borne by the City where excess footage payments are made by the "single customer!' is the sewer main extension to serve five customer connections in the Helm Ind trial Subdivision, at a total project cost ,of $44,692.16, including 10 per cent engineering. The main was 2,349 feet and the ,singl,e i,.,us tou ars paid $3,698, which amount is subject to later refunds of the front foot payments if new taps are made by others. DATE AV FENCE SUBJEM Frop­6ia`d_,Ch_afiges, in the Policy PAGE NUMB_08" for Water and Sanitary Sewer J_ ..5 1/6/69 G-1329 Main Extensions _ of Under the proposed policy of the: Helm Industrial Subdivision sanitary sewer extension would have cost the City $39,496, and the customers $9,196 compared with a cost under the present policy of $44,994 for the City and $3,698 for the customers. Pro used Policy-Change for Reg,laced Mains The provision in the present 'policy whereby a piece of vacant property presently servA4rAy_­adequate water or sewer facilities constructed prior to October 1, 196*,*, in case of water, or October 1, 1964, in the case of sewer and not sub­- jetlt, to a, f,ront foot charge, would be charged a front foot'. change if that main is replaced due to structural conditions is, in the opinion of the staff, inequitable. It is proposed that the policy be modified as follows: If a lot ox tract of' land, vacant or with a structure, has water or sanitary ;qewer facilities available prior to October 1, 1961, in the case of-voter, or October 1, 1,964, in the case of sewer, and such provide adequate service both for domestic usage and fire eotion, no front foot charges will apply for new taps made to "ttme lines, , even if said lines are or have been rehabilitated. If an adequate water line which does not provide fire protection is *vJ, arge4 after October 1,, 1961, then front foot charges would apply twar new tape to the, enlarged main. Customers already connected to the City ratter system will not be charged a front foot dharge., Pro2o ed Amendinent to Ordinance On March 25, 1968, Ordinance No. 5925 was adopted amen4ing.,._ #p ter 37 of thy: Fort Worth Code which provided front footage charges for service connect4f, for certain water ,and sanitary sewer mains except connections to serve "single customers." A proposed ordinance amending the Fort Worth Code to provide for ` payment of front footage charges for service connections to certain water and sewer ns for "single customers"' with a maximum charge;. unit of 100 feet as outlined above is attached. 'The proposed ordinance also requiro's, the, payment of frpn,9)`?­6-o-fage charges for connections to water mains purchased after 1961, Uniform Construction Charges for Short Water and Sewer Extensions to Sekve .Developers Short main extensions are usually constructed by City- forces. Developers pay 8,0 per cent of the estimated cost before construction begins and price adjust- ments are made after the work is-completed. W4#n, ,the ,cost estimate is low, the developer is requested ,to, make an, additional"p"ent", (or if the estimate is high, the City makes a refund. .,Frequently, it is d1ffkault to secure the extra payment and, on occasiou, it has been necessaTT.to file lawsuits to collect the additional amount due. It is proposed to as tab 11srh-,"a, uniform price for all short water and sewer,mains constructed by City forces based on 80 per cent of average construction costs plus 10 per cent for engineering. Proposed uniform charges are as follows; DATE mte��m�swwcc�, susirecx; Proposed Changes in the Policy PAOf "uMe for Weer and Sanitary Sower.. 5 G-1329 a Pro used Uniform Construction Costs for Short Main Extensions Charge, per foot of EAQnsion (1) laen th of Main Constructed,-­ Footage in Excess Size,Matn Less than 304 beet of 340 feet Water - 41 $2,.50 per foot - 4" 4»50 per foot 6" 5,50 per ;foot $3.50 per additional foot 81# 7.00 per foot 4,50 per additional. foot Sanitary Sewer 1 $5.00 per foot $4,50 per additional f d, 81" 7.00 per foot 5.00 per additional foot (1) Paving repair costs or baring costs are not included. When paving repairs are required, the price to be charged the developer,, will. be: based on 80 per cent of current average costs plus 10 per cent for engineering costs. f I; ramental,Costs of Oversized Water and Sanity Sewer° ins The City pays the full costs of larger mains constructed as approach water mains and on-site water and sewer mains, less 80 percent of the estimated cost of the size needed to serve the development. ° The allocation of costs between the developer and the City is based on estimates "- the calculations are detailed and the results may not be accurate and' are subject to dispute. It is proposed to establish fixed incremental costs 'Vased on a study of.bid tabulations received for the past 28 months. Proposed fixed paymmauts ,b ' the City to developers for the construction of oversize water' mains and va , es and sewer mains are shown as follows Fixed Pa. ent by City to Develo er,for Oversize Mains Water Size to Serve Size Main Constructed Size Valve Installed evelosment � � 811 °1011 . 121t" ' '1611- 8 1011 1211 it 6" $4,6.0 $1.50 $3.04 $4.84 $ , ,54 $ 110 $ 170,,,, $ '420 811 194 2,44 4.24 60 120 370 1019 1.50 3.30 60 310 1211 1.80 250 CAS R"ERE"CE suwECT: Proposed Changes in the Policy PAGE F�uM�I 1 for Water and Sanitary Sewer 5 of Size to se'ry a V ,ze Haiti, constructed 6„a $0.40 $0.50 $1,50 $4.90 $6.10 $7.40 "$8.70 86 .20 1.10 4.50 5.70 7.00 8.30 101, .90 4.40 5.60 6.90 8.20 120 3.40 4.60 6.90 7.20 15 0 1.20 2.50 3.80 1p 1.30 2.60 21” 1.30 l Standard 6 foot and 8 foot trench Recommendations 1) 'Ile policies governing the application of front footage charges and the extension of water and sanitary sewer mains be changed as outlinedr'above and, That the attached ordinance be adopted: with an effective date of July 1_, 1969; and, 3 That uniform charges per foot of water and sanitary sewer mains con- structed by City forces to serve new developments be adopted effective January 1, 1969, as outlined above; and, 4 Tat fired p, y arts to developers for the construction of oversize water d sewer main and water valves be approved effective January 1, 1969, as outlined above. HDM.jp Attach. SUBMITTED BY, DISPOSITloNi COUNCIL: PROCC"SXD B APPROVED T"ER (DESCRIBE) ' C CITY MANAGER