HomeMy WebLinkAboutOrdinance 26196-06-2023ORDINANCE NO.26196-06-2023
AN ORDINANCE AMENDING CHAPTER 30 "STREETS AND
SIDEWALKS," OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY PROVIDING
REGULATIONS FOR DAMAGE TO AND IN CITY RIGHT
RIGHT-OF-WAY WHILE PERFORMING CONSTRUCTION
OR EXCAVATION IN PUBLIC RIGHT-OF-WAY BY ADDING
SECTION 30-20 "DAMAGE TO AND IN PUBLIC RIGHT-OF-
WAY"; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth ("City") seeks to provide for the health, safety, and
welfare of its citizens by regulating all excavation, obstructions, and construction in, on, or along
public rights -of -way;
WHEREAS, under Texas Transportation Code Section 311.001(a) the City has exclusive
control and the authority regulate over and under the public highways, streets, and alleys of the
City;
WHEREAS, a permit or agreement is required for any person desiring to cut into, open,
occupy, or do any work whatsoever in, on, or along any public street, alley, sidewalk or public
ground;
WHEREAS, the Transportation and Public Works Department ("TPW") has reported
incidents where a person (1) has cut into, opened, or worked in, on, or along a public street, alley,
sidewalk, or public ground without being issued a permit or agreement, (2) fails to comply with
requirements set forth in a permit or agreement, and (3) has damaged public or private facilities when
cutting, opening, occupying, or worked in, on, or along a public street, alley, sidewalk, or public
ground;
WHEREAS, TPW seeks to amend Chapter 30, Article I "In General" to create offenses related
to when a person cuts into, opens, occupies or does any work whatsoever in, on, or along a public
street, alley, sidewalk or public ground in violation of the Fort Worth City of Code;
WHEREAS, TPW seeks to have the authority to issue citations to persons who commit an
offense under Chapter 30, Article I, Section 30-20;
Chapter 30 "Streets and Sidewalks" Ordinance No. 26196-06-2023
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WHEREAS, TPW believes that enforcement of such offenses will help deter any person from
violating the City's Code of Ordinances as it relates to excavations, obstructions, and any work in, on,
or along a public street, alley, sidewalk, or public ground; and
WHEREAS, City Council finds amending Chapter 30, Article I "In General", to create
offenses related to cutting, opening, occupying, or doing any work in, on, or along any public
street, alley, sidewalk or public ground is necessary for the health, safety and welfare of the general
public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 30, Article I, "In General" of the Fort Worth City Code is hereby revised to add a
new section to read as follows:
30-20 DAMAGE TO AND IN PUBLIC RIGHT-OF-WAY
(a) A person commits an offense if he:
(1) performs, authorizes, directs, or supervises construction, excavation, any type of cutting
or opening, or any work whatsoever in, on or along any public street, alley, sidewalk or public
ground without a valid permit or agreement as required under the City of Fort Worth, Texas Code
of Ordinances or City of Fort Worth's Charter.
(2) fails to comply with restrictions or requirements of a permit or agreement as required
under the City of Fort Worth, Texas Code of Ordinances or the City of Fort Worth's Charter.
(b) A person commits an offense if he, performs, authorizes, directs, or supervises construction,
excavation, any type of cutting or opening, or any work whatsoever in, on or along any public
street, alley, sidewalk or public ground and:
(1) damages the public street, alley, sidewalk or public ground beyond what is incidental or
necessary to the performance of the construction, excavation, any type of cutting or opening, or
any work whatsoever in, on, or along any public street, alley, sidewalk or public ground, or
(2) damages public or private facilities in, on, or along any public street, alley, sidewalk or
public ground.
(c) It is a defense to prosecution under Subsection (b)(2) if the person complied with all of the
requirements with a permit or agreement, and state law and caused the damage because the
facilities in question:
0) were not shown or indicated in a plan document, klan of record, record construction
drawing, or field survey, staking, or marking -,and
Chapter 30 "Streets and Sidewalks" Ordinance No. 26196-06-2023
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(2) could not otherwise be discovered in the public street, alley, sidewalk or public ground
through the use of due diligence.
(d) An offense under this section is punishable by a fine not to exceed $500. A person who
violates a provision of this article is guilty of a separate offense for each dayportion of a day
during which the violation is committed, continued, authorized, directed, or permitted.
(e) This section may be enforced by civil court action in accordance with state or federal law, in
addition to any other remedies, civil or criminal, the city has for a violation of this article.
(f) The Director of Transportation and Public Works or designee has the authority enforce the
violations under this section.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth,
Texas, and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that 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, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
Chapter 30 "Streets and Sidewalks" Ordinance No. 26196-06-2023
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SECTION 6.
That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized
by the V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
Adopted: June 13, 2023
Effective: Tur�,-e as , aoa3
Chapter 30 "Streets and Sidewalks"
ATTEST:
lt� A —&—Z,
City Secretary
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Ordinance No. 26196-06-2023
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06113/23 M&C FILE NUMBER: M&C 23-0467
LOG NAME: 2023 ROW ORDINANCE TO ALLOW CITATIONS FOR VIOLATIONS IN ROW
SUBJECT
(ALL) Adopt Ordinance Amending Chapter 30 "Streets and Sidewalks" of the Code of the City of Fort Worth Texas (2015) to Provide Regulations
for Damage to Facilities and Violations in City Right -of -Way While Performing Construction or Excavation
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 30 "Streets and Sidewalks" of the Code of the City of
Fort Worth Texas (2015) to provide regulations concerning damage to facilities and violations in City right-of-way while performing construction or
excavation.
DISCUSSION:
Transportation and Public Works recommends amending Chapter 30 "Streets and Sidewalks" as amended, by adding Section 30-20 "Damage to
and in Public Right-of-way" to provide regulations concerning damage to facilities and violations in City right-of-way while performing construction
or excavation. The amendment reflects the City's desire to reduce damage to both City and private infrastructure, as well as better manage
contractor activity in right-of-way in order to protect existing infrastructure located in the right-of-way and the public in general.
Section 30-20 "Damage to and in Public Right -of -Way" is a new section that defines what constitutes contractor offenses in the right-of-way,
including the following: working in right-of-way without a permit, failures to comply with restrictions or requirements of the permit, or causes
damage to public or private facilities located in the right-of-way. The new section also sets a fine amount of $500.00 for each separate offense for
each day or portion of a day during which the violation is committed, continued, authorized, directed or permitted and provides the Director of
Transportation and Public Works or their designee the authority to enforce violations by issuing a citation that may be prosecuted in Municipal
Court.
By adopting this amendment, the Public Works Department will be able to better regulate and manage work in the right-of-way to protect facilities
and to provide for the health, safety and welfare of the residents. Enforcement action can be taken against individuals in charge of work being
performed by contractor.
City staff will coordinate with stakeholders in the construction community and internal to the City to finalize City process for implementing and
enforcing the ordinance requirements, prior to beginning enforcement.
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 the recommendation will have no material effect on City funds
Submitted for Citv Manager's Office bv: William Johnson 5806
Originating Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Monty Hall 8662