HomeMy WebLinkAboutOrdinance 26723-02-2024r
ORDINANCE NO.26723-02-2024
AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE OF
THE CITY OF FORT. WORTH, BY AMENDING CHAPTER 7,
"AMENDMENTS," CHAPTER 32 "ENCROACHMENT INTO THE PUBLIC
RIGHT-OF-WAY," DIVISION III, "PERMANENT ENCROACHMENTS"
TO INCLUDE CHANGES IN THE CATEGORIZATION OF
ENCROACHMENT TIERS AND THEIR RESPECTIVE INSURANCE
-REQUIREMENTS, AND AMENDING THE DEPARTMENT DIRECTOR'S
DELEGATION AUTHORITY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on September 25, 2012 the City Council of Fort Worth adopted Ordinance
No. 20425-09-2012 to amend section 3210 of the Fort Worth Building Code to allow staff
administrative authority to approve certain encroachment agreements thereby reducing the
processing time and the documentation sent to the City Council for consideration, provide for
application fees and to establish an annual fee for permanent encroachments into public property;
and
WHEREAS, on July 22, 2014 the City Council of Fort Worth adopted Ordinance No.
21343-07-2014 to further amend section 3210 of the Fort Worth Building Code to provide that the
annual fee is limited to City property and rights of way and is not applicable to city -owned
easements; and
WHEREAS, on November 10, 2020 the City Council of Fort Worth adopted Ordinance
No. 24514-11-2020 to amend and revise Division III, Permanent Encroachments, Sections 3209,
3210 and 3211 to establish a tiered categorization of encroachments into public property, to revise
insurance and fee requirements, and reorder and renumber the remaining subsections;
WHEREAS, the City Council of Fort Worth has determined that it is appropriate to
establish changes in the categorization of encroachment tiers and their respective insurance
requirements, and to allow the Department Director to delegate their signature and determination
authority herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 7-47, "Amendments" of the Building Code of the Code of the City of Fort Worth
(2015) is hereby amended to revise Division III, Permanent Encroachments, Section 3210 to
establish changes to the tiered categorization_ of encroachments on public property, revise
insurance requirements, and clarify the Department Directors determination authority, to read as
follows:
3210 - Encroachment Agreement Required
3210.1 General. All permanent encroachments into public property, including public right-
of-way and easements, shall require a duly executed Encroachment Agreement.
3210.2 Authority. The Director of the Development Services Department, or in the Director's
absence, the Director's designated Assistant Director, is hereby authorized to execute
Encroachment Agreements on behalf of the City, except when the encroachment into public
property is a Tier III Major Encroachment as described in Section 3210.3.3 below. Tier III Major
Encroachments must be approved by City Council.
3210.3 Encroachment Tiers. All permanent encroachments into public property, inclusive
of public right-of-way and easements, shall be categorized and divided into the following tiers:
3210.3.1. Tier I Minor Encroachments. Minor Encroachments are those that, by
their size or construction method, are simple in nature, that may be removed from the public
property in a short period of time, and that have only a minor impact on public property. An aerial
encroachment shall not be considered a Tier I Minor Encroachment if it projects more than twelve
inches over, into, or above the public property. However, an aerial encroachment located at least
eight feet above grade level shall be considered a Tier I Minor Encroachment if it projects no more
than four feet over the public property and is fully supported by a building or other structure not
Iocated on public property. Tier I Minor Encroachments could include, but are not limited to,
those examples shown in the accompanying table.
Tier I Minor
Encroachments
Arcades
Awnings
Bay windows and oriels
Benches
Bicycle racks
Blade signs
Canopies
Cornices and sills
Door swings
Eaves
Handicap ramps
Wooden, Chain Link, or Cast Iron Fence
Marquee signs
Planters
Private irrigation lines located along
thoroughfares or arterial roadways unless
included under a separate agreement with the
City
Public art installations
Stoops and stairs
Security cameras and appurtenances
Sustainable landscaping such as xeriscaping,
Rain gardens and bio-swales
Trash receptacles
Tier I Minor Encroachments shall require a non-refundable application fee however shall
not require an annual fee. Tier I Minor Encroachment shall require proof that the applicant has
secured and paid for a policy of public liability insurance covering all public property on which
the encroachment is located during construction and continuing through the entire term of the
Encroachment Agreement in an amount that is at least the maximum amount of liability that can
be imposed upon the City under State law unless a lower amount or different insurance coverage
is approved by Risk Management. Each insurance policy shall provide that it cannot be cancelled
or amended without at least thirty (30) days advanced written notice to the City. Insurance shall
be maintained for the length of the Encroachment Agreement.
3210.3.2. Tier 11 Standard Encroachments. Tier II Standard Encroachments are those
that are more complex in nature than Tier I Minor Encroachments, but not as substantial or
complex as Tier III Major Encroachments. Tier II Standard Encroachments could include, but are
not limited to, the examples shown in the following table.
Tier 11 Standard
Encroachments
Balconies
Retaining Walls
Dumpster Enclosure
Storm Drains
Masonry Fence or Walls
Private water lines
(Concrete Block, Brick or
Fences
Stone)
Tier II Standard Encroachments shall require a non-refundable application fee and, for as
long as the approved encroachment exists, an annual encroachment fee as specified in Table 1-F
in section 119 of the Building Administrative Code. However, for Tier II Standard
Encroachments, the annual fee shall not be applied if such encroachment is on City -owned
easements. A Tier II Standard Encroachment shall require proof that the applicant has secured
and paid for a policy of public liability insurance covering all public property on which the
encroachment is located during construction and continuing through the entire term of the
Encroachment Agreement in an amount that is at Ieast the maximum amount of liability that can
be imposed upon the City under State Iaw unless a lower amount or different insurance coverage
is approved by Risk Management. Each insurance policy shall provide that it cannot be cancelled
or amended without at least thirty (30) days advanced written notice to the City. Insurance shall
be maintained for the length of the Encroachment Agreement.
3210.3.3. Tier III Major Encroachments. Tier III Major Encroachments are those
encroachments that, due to their size, complexity, or construction method, have a substantial
impact on public property or those that utilize a significant portion of the public property,
easement, or right-of-way and are not included in a separate agreement with the City. Tier III
Major Encroachments include, but are not limited to, those shown in in the accompanying table.
Tier III Major
Encroachments
Basements
Tunnels
Parking structures
Underground walkways
Sky bridges
Tier III Major Encroachments shall require a non-refundable application fee and, for as long as the
approved encroachment exists, an annual encroachment fee as specified in Table 1-F in section
119 of the Building Administrative Code. However, for Tier III Major Encroachments, the annual
fee shall not be applied to encroachment improvements on City -owned easements. Tier III Major
Encroachment Agreement shall require proof that the applicant has secured and paid for a policy
of public liability insurance covering all public property on which the encroachment is located
during construction and continuing through the entire term of the Encroachment Agreement. The
amount of insurance coverage shall be at least the maximum amounts of liability that can be
imposed upon the City under State law. Each insurance policy shall provide that it cannot be
canceled or amended without at least thirty (30) days advanced written notice to the City. Insurance
shall be maintained for the length of the Encroachment Agreement and evidence of such insurance
coverage must be provided to the City on an annual basis during the term of the Encroachment
Agreement.
3210.3.4. Determination Authority. The Director of the Development Services
Department or their respective designee shall, upon request of an interested party, make a
determination of the degree of encroachment into or on to the public property to determine the
appropriate tier category.
3210.4 Application. The applicant shall execute an Encroachment Agreement with the
City upon forms furnished by the Building Official or designee. The forms for such an agreement
shall be approved from time to time by the City Attorney's Office. Executed forms shall be filed
in the real property records of the applicable county, and kept and maintained in the offices of the
Department of Development Services and the records of the City Secretary.
3210.5 ' Plans. Each Encroachment Agreement shall be accompanied by a plan showing
the nature and Iocation of the encroachment and amount of public property to be occupied with
details of the structure of encroachment and shall include any additional information requested
by the department affected by the encroachment.
3210.6 Application Fee. Each application for an Encroachment Agreement shall require
a non-refundable application fee_ as specified in Table I-F in section 119 of the Building
Administrative code.
3210.7 Annual Fee. For Tier II Standard Encroachments and Tier III Major
Encroachments, for as long as the approved encroaching improvement(s) exists, the property
owner shall be responsible for payment of an annual encroachment fee as established by City
Council. The annual fee shall not be applied to encroachments on easements. Tier I Minor
Encroachments shall not require an annual encroachment fee.
3211 - Permits. Approval of the Encroachment Agreement does not eliminate the need for
proper permits to do work as required by any other provision of the City code or other law or
regulation. No work may commence without all necessary permits as required by applicable
City or other law or regulation.
3212 - Signs. Advertising signs projecting into public property are to be considered a
permanent occupancy of public property, provided however, upon the termination of the
Encroachment Agreement such signage shall be removed from public property.
Exception: An identification sign displayed as part of the marquee, provided the sign
contains no off -premise advertising, is displayed to identify or locate the building or place of
business and the height of the message does not exceed three (3) feet.
Signs that are covered by existing Encroachment Agreements shall have those Encroachment
Agreements become null and void when a sign is altered in size, removed or requires structural
repair.
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 provision of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve,
remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City or
cause the same to be done contrary to or in violation of any of the provisions of this Code. Any
person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and
sanitation and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations
of this ordinance. Each day or any portion thereof which any violation of this ordinance occurs or
continues shall be deemed a separate offense and upon conviction thereof shall be punishable as
herein provided.
SECTION 4.
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 final decree of any court of competent jurisdiction, such voidness,
ineffectiveness, or 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 void, ineffective, or
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
This ordinance constitutes a digest and revision of the Building Code of the City of Fort
Worth, as provided in Section 2, Chapter XXV and Section 9, Chapter XXVII, of the Charter of
the City of Port Worth. The Development Services Department of the City of Fort Worth, Texas,
is hereby authorized to publish this ordinance in pamphlet form for general distribution among the
public, and the operative provisions of this ordinance, as so published, shall be admissible in
evidence in all courts without further proof than the production thereof, as provided in Chapter
XXV, Section 3, of the Charter of the City of Fort Worth, Texas.
SECTION 6.
The City Secretary of the City of Fort Worth, is hereby directed to publish the caption,
penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of
the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City
of Fort Worth, Texas and by Section 52.013(a) of the Texas Local Government Code.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Thomas Royce Hansen
Assistant City Attorney
Adopted: 02-27-2024
Effective:
J'annette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/27/24 M&C FILE NUMBER: M&C 24-0140
LOG NAME: 06PERMANENT ENCROACHMENT PROCESS REVISION
SUBJECT
(ALL) Adopt Ordinance Amending Section 3210 of the City of Fort Worth Building Code Related to Permanent Encroachments to Update
the Established Tier Categories, Revise Insurance Requirements, and Add Delegation of Authority for Execution and Encroachment Tier
Determination
RECOMMENDATION:
It is recommended that City Council authorize the adoption of the attached ordinance amending the City of Fort Worth Building Code, Section
3210 related to permanent encroachments to update the established tier categories, revise insurance requirements, and add delegation of
authority for execution and encroachment tier determination.
DISCUSSION:
in November 2020, City Council adopted Ordinance No. 24514-11-2020 which updated the encroachment ordinance by establishing a tiered
structure that categorized encroachment types based on complexity. Within the three years of working through the updated 2020 ordinance
additional areas were identified where process improvements could be made. Therefore, Development Services is recommending amendments
to the encroachment ordinance to alleviate friction points by increasing administrative authority and allowing flexibility when it comes to determining
which encroachments fall within the respective tier structure.
An encroachment is when any physical object projects into the crty's right-of-way and/or city -owned easements. The physical object can include any
portion of a building, including an awning or a fence for example.
The following is a summary of recommended changes to Section 3210 of the City of Fort Worth Building Code:
Chan es M Section 3210:
• Staff is requesting that the Development Services Director be given the authority to designate a Development Services Assistant Director to
execute encroachment agreements on their behalf during times when the Director is not available. Currently, only the Development Services
Director is authorized to execute encroachments;
• For both Tier 1 and Tier II encroachments, the current ordinance states that any item listed within each tier is not just an example, but it is
categorized in that tier permanently with no exception. Staff proposes to keep the tiers but classify the items listed in each tier as examples
and guidelines with final determination, if necessary, to come from the Director of Development Services or his designee. The items within
each tier will also change slightly based on past situations which have revealed the need for certain encroachments to be moved from one
tier to another,
• For Tiers I and It, this amendment would allow flexibility for certain applicants and situations where providing a public liability insurance policy
is not feasible or is not warranted. Instead, staff is proposing through this proposed amendment, to allow Risk Management the ability to
approve other forms of insurance or amounts when appropriate.
Ali other portions of the ordinance will remain the same.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION 1 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-W. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Add itionalinformation Contact:
Ordinance No. 26744-02-2024
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER & SEWER BOND 2017A FUND, BY
INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
COMMUNITY FACILITIES AGREEMENT PROGRAMMABLE PROJECT (CITY
PROJECT NO. P00001) IN THE AMOUNT OF $143,077.00 AND DECREASING
ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE UNSPECIFIED -ALL
FUNDS PROJECT (CITY PROTECT NO. UNSPEC) BY THE SAME AMOUNT;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION I.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2023-2024 in the
Budget of the City Manager, there shall also be adjusted estimated receipts and appropriations in the Water &
Sewer $pnd 2017A Fund, by increasing estimated receipts and appropriations in the Community Facilities
Agreement Programmable project (City Project No. P00001) in the amount of $143,077.00 and decreasing
estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by
the same amount.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 26453-09-2023 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
Ufa f11=CINEN
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: February 27, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
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OVERALL WATER
CITY PROJECT NO. 105084
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/27/24 M&C FILE NUMBER: M&C 24-0176
LOG NAME: 60QUARRY FALLS 161NCH WATER LINE
SUBJECT
(CD 2) Authorize Execution of a Community Facilities Agreement with GS Quarry Falls Phase I Owner, L.P., with City Participation in an Amount
Up to $116,990.40 for Oversizing a 12-Inch Water Main to a 16-Inch Water Main for Anticipated Future Growth in Northwest Fort Worth and Adopt
Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Community Facilities Agreement with GS Quarry Falls Phase I Owner, L.P., with City participation in an amount
up to $116,990.40 for oversizing a 12-inch water main to a 16-inch water main for anticipated future growth in northwest Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Bond 2017A fund by
increasing estimated receipts and appropriations in the Community Facilities Agreement Programmable project (City Project No. P00001)
in the amount of $143,077.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No.
UNSPE=C) by the same amount for the purpose of funding the Community Facilities Agreement - Quarry Falls Multifamily project (City Project
No. 105084) to effect a portion of Waters Contribution to Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
GS Quarry Falls Phase I Owner, L.P., (Developer) is constructing Quarry Falls Multifamily (Development) east of Old Decatur Road and north of Jim
Wright Freeway. The Water Department is seeking to participate in the project to oversize the offsite water main from a 12-inch water main to a
16-inch water main for anticipated future growth in the area. The Quarry Falls project is assigned City Project No. 105084 and Accela System
Record IPRC23-0125.
In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from
competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer
will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be
determined in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance.
The City's cost participation in the construction and oversizing of the water main is estimated to be in an amount not to exceed $116,990.40 as
shown in the table below. Payments to the Developer are estimated to be $104,345.00 for construction costs and $2,086.90 for material testing
costs. The City's cost participation also includes $10,558,50 to cover the City's portion of construction inspection service fees, administrative
material testing service fees, and water lab testing fees. An additional $26,086.25 in contingency funds will cover the City's portion of any change
orders.
A. Public Improvements
Developer
Cost
City Cost
Total Cost
1.Water
$1,253,829.00$104,345.00
$1,358,174.00
2. Sewer
$373,451.00
$0.00
$373,451.00
Contingency
$0.00
$26,086.25
$26,086.25
B. Inspections & Testing
1. Construction Inspection
Fee
$27,900.00
$9,600.00
$37,500.00
2. Admin Material Testing
Fee
$2,376.50
$808.50
$3,185.00
3. Material Testing Cost
$0.00
$2,086.90
$2,086.90
4. Water Lab Fee
$750.00
$150.00
$900.00
Total Project Cost
$1,658,306.50$143,076.65
$1,801,383.15
*Numbers will be rounded up for accounting purposes.
The reimbursement of the participation, excluding inspection and material testing fees, is not a lump -sum amount and may be less than the stated
amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green
Sheet package.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council
Communication will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement
Program, as follows:
60QUARRY FALLS 161NCH WATER LINE
Capital Fund Name
Project Name
FY2024 CIP
Appropriations
Authority
Budget Change
(IncreaselDecrease)
Revised FY2024
Budget
Fund 56011 — Water &Sewer
Bond 2017A
105084 CFA-Quarry Falls
Multifamily
$0,00
This M&C
$143,077.00
$143,077.00
Funding is available in the Unspecified -All Funds project within the Water & Sewer Bond 2017A Fund for the purpose of funding the CFA-
Quarry Falls Multifamily project.
Funding for the CFA-Quarry Falls Multifamily project is depicted below:
Fund IlExisting
Appropriations
Additional Appropriations
Project Total*
Water & Sewer Bond 2017A— Fund 56011
$0.00
$143,077.00
$143,077.00
Project Total 1$0.0011
$143,077.00
$143,077.00
*Numbers rounded for presentation purposes.
BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when City spending participation on Community
Facilities Agreements are less than $1,000,000.00 dollars.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION;
The Director of Finance certifies that funds are currently available in the Unspecified All -Funds project within the Water & Sewer Bond 2017A Fund
and upon approval of the above recommendations and adopfion of the appropriation ordinance funds will be available in the Water & Sewer Bond
2017A Fund for the CFA Quarry Falls Multifamily project to support the approval of the above recommendations and execution of the agreement.
Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds
Submitted for City Manager's Office by: Femando Costa 6122
Origlnating_Business_Unit_Head; Chris Harder 8032
Additional Information Contact: Suby Varughese 8009
Melissa Hams 8428