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HomeMy WebLinkAboutIR 7691 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7691 }}P Ttgto To the Mayor and Members of the City Council Afamh 2, 1993 Subject: Proposed Revision to Procedure for Septic System Improvements on Lake Worth Leases On Lake Worth, there are approximately 580 improved residential leases which are managed by Real Property Management in the Engineering Department. Most of these leases do not have any on-site public water or sewer service. On January 1, 1988, the Texas Department of Health issued new construction standards for on-site sewer facilities which require that individual septic systems be installed on lots more than one acre(, if a well is used as a water supply, and one-half acre if a public water supply is available. The majority of the Lake Worth leases are located on less than one acre of land, and when on-site systems fail the City has allowed the lessees to install without additional fees, new lateral lines under the road into a common area owned by the City. Normally the additional area required by the State to install the new lateral lines would be added to the leases by a "Modification of Lease." and the lease payment would be increased accordingly. Currently, the City's Building Code allows the above procedure only if an Encroachment Agreement is approved by City Council. A $300 fee and a $500,000 liability insurance policy for such agreements is currently required. Since the City of Fort Worth owns the land and the lessee owns only the improvements, the City staff is requesting a waiver of the City's regulations and recommends adoption of two new license agreements. These agreements would pertain only to the Lake Worth Lessees. The proposed license agreements will eliminate the$300 fee and$500,000 liability insurance policy, but will require meeting all other provisions of the City's building and plumbing codes and those of the Texas Department of Health. The City staff recommends the following additional requirements for the new license agreements: 1. Indemnification - The lessee shall indemnify the City for all construction, operation, maintenance, and removal of the septic system. 2. Independent Contractor - Lessee shall act at all times as an independent contractor. 3. No sublease or assignment - The license(s) shall run with the lease and may not, under any circumstances, be sublet or assigned independent of the lease. 4. No reimbursement - Under no circumstances will the lease Lever be entitled to reimbursement for the septic system within the license E rOFFICIAL RECORD COY SECRETARY L t FT. WORTH, TEL M ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7691 .'.61TEA'd 2 VORT To the Mayor and Members of the City Council March = 1993 Page 2 of 2 V-4 Subject: Proposed Revision to Procedure for Septic System Improvements on Lake Worth Leases 5. When a public sewer system is available for connection within the distance prescribed by law (currently 100 feet - City Ordinance Section 35-135) lessee shall be required to connect to the public sewer and either remove or appropriately abandon the septic system. 6. The primary purpose of these properties is for public use, and should these public uses require any future development, all actions required to maintain or alter the septic system shall be accomplished by lessee at his sole cost and expense. 7. The City shall at all reasonable times have the right to inspect the entire septic system. 8. To avert an immediate hazard to the health, safety or welfare by any person caused by the septic system, the City has the right to take any and all corrective actions the City deems necessary, without notice if necessary, and lessee shall be solely responsible for all costs involved. 9. Each lateral line and field shall serve only one residence. Under no circumstances shall any line be used for multiple residences or for commercial purposes. 10. Lessee shall provide a survey showing the exact location of the proposed lateral line under the roadway and the location of the septic field prior to construction. These locations are subject to approval by the City. 11. Any violation of the license agreement may immediately, and without any prior notice to lessee, terminate the license agreement. 12. The permit process will include appropriate safeguards to properly protect the public interest and to provide assurances that use of the common area does not adversely restrict any surface use. The staff recommends that the City Council review, comment and modify if desired this proposed policy. The staff is prepared to present the appropriate ordinance formalizing these provisions. ORAL RECORD CITY SECRETARY 1, WORTH, TEX-J Bob Terrell City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS