HomeMy WebLinkAboutOrdinance 15543ORDINANCE NO. ~ ~~'"~~
AN ORDINANCE AMENDING SECTION 31-22 "VACATIONS" OF
CHAPTER 31, "SUBDIVISION REGULATIONS" OF THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, TO PROVIDE
PROCEDURES FOR THE VACATION OR ABANDONN~NT OF
WATER, SANITARY SEWER, PUBLIC OR QUASI-PUBLIC UTILITY
OR DRAIl~AGE EASEMENTS; PROVIDING THAT THIS
ORDINANCE SHALL BE .CUMULATIVE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 31-21 "Vacation of dedication" of Article II "Dedications and
Vacations" of Chapter 31, "Subdivision Regulations", of the Code of the City of Fort
Worth, Texas (1986), as amended, is hereby further amended to add a new subsection
entitled "Public or Quasi-Public DrainageltJtility Easements" and to add a title to
subsection 1. "Public or Private Streets, Alleys and Access Easements" as follows:
Sec. 31-22. Vacation of Dedication
1. Public or Private Streets, Alleys and Access Easements.
(a) Submittal and review of application. Applications to vacate right-of--way
dedicated to the City of Fort Worth, to include by way of illustration but not of
limitation streets and alleys, or to vacate access easements that serve more than
one property shall be submitted in writing to the plan commission and reviewed
by those agencies or departments designated by the plan commission.
(b) Recommendation of approval by plan commission. If the plan commission
recommends approval of the application, with or without conditions, the
application shall be submitted to the city council for consideration. Approval by
the city council shall be evidenced by adoption of an ordinance vacating the
dedication.
(c) Denial by plan commission. If the plan commission denies the application,
the applicant may appeal the decision to the city council by filing a written appeal
with the secretary of the plan commission within twelve (12) days after the plan
commission action. If the applicant does not file an appeal in accordance with this
section, the decision of the plan commission to deny the application shall be final.
If an appeal is timely filed, the city council may approve or deny the application.
2. Water, Sanitary Sewer; Public or Quasi-Public Drainage/L7tility
Easements.
(a) Applications. Applications to vacate or abandon a water, sanitary sewer,
public or quasi-public utility or drainage easement may be submitted by
plat or separate instrument to those agencies or departments designated by
the plan commission and the city code.
(b) vacations or Abandonment by Plat. The plat shall include and show the
nature and extent of the easement requested for vacation or abandonment,
along with all applicable dimensions, bearings, and necessary
identifications. The vacation or abandonment of the easement shall
become effective after favorable review by the applicable city departments
and utility companies, including the completion of any required utility or
drainage re-routings or relocations, the applicant's easement purchase
payment to the city, if required, and the recording of the approved plat by
the city in the respective county courthouse of jurisdiction.
(c) vacations or Abandonment by Separate Instrument. Drainage and/or
utility easements may be vacated or abandoned without platting, by the
recording of an approved separate instrument in the deed records of the
applicable county. The application to vacate or abandon an easement shall
be reviewed by the applicable city departments and utility companies and
approved by the city manager. Recording of the vacation instrument by the
city in the deed records of the applicable county shall constitute the
official vacation of the easement. It the application is denied by the city
manager, the applicant may appeal the decision to the city council by
filing a written appeal with the city secretary within twelve (12) days after
decision of the city manager. If the applicant does not file an appeal in
accordance with this section, the decision of the city manager to deny the
application shall be final. If an appeal is timely filed, the city council may
approve or deny the application.
SECTI®N 2.
This .ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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.
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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 remainuzg 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.
SECTI®N 4.
Compliance with these rules and regulations shall be a condition of the use of the
public parks and recreation areas of the city. 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 subject to arrest, and or fined not more
than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall
constitute a separate offense.
SECTION 5.
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 V.T.C.A. Local Government Code Subsection 52.013.
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SECTI®N 6.
This ordinance shall be effective upon its passage and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
EFFECTIVE: 5- ~ ~ -"
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City of .FOYt Wo~tlz, Texas
DATE REFERENCE NUMBER .LOG NAME PAGE
5/6/03 *~`G-13966 12LAW 1 of 2
SUBJECT AMENDMENT OF SECTION 2-9 OF THE CITY CODE TO ALLOW THE CITY MANAGER
TO APPROVE THE VACATION OR ABANDONMENT OF WATER, SANITARY SEWER,
PUBLIC OR QUASI-PUBLIC UTILITY EASEMENTS BY SEPARATE INSTRUMENT AND
AMENDMENT OF SECTION 31-22 OF THE CITY CODE TO PROVIDE VACATION OR
ABANDONMENT PROCEDURES FOR WATER, SANITARY SEWER, PUBLIC OR QUASI-
PUBLIC UTILITY EASEMENTS
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Section 2-9 of the City Code authorizing the City Manager
to approve the vacation or abandonment. of water, sanitary sewer, public or quasi-public utility or
drainage easements by separate instrument; and
2. Adopt the attached ordinance amending Section 31-22 of the City Code to incorporate the approved
changes of Section 1066 of the Plan Commission Rules and Regulations relating to the vacation or .
abandonment of water, sanitary sewer, public orquasi-public utility or drainage easements..
DISCUSSION:
On February 4, 2003, the City Council approved the adoption of amendmerits to the City Plan,
Commission Rules and Regulations relating to vacation procedures for public or quasi-public utility or
drainage easements to allow the vacation of these type easements by separate instrument or plat.
Section 1068 of the Plan Commission Rules and Regulations changed the procedures to eliminate the.
need for the Mayor and Council Communication process by allowing the City Manager to certify a
proposal to vacate or abandon a public or quasi public utility or drainage easement by separate
instrument. After review by the applicable City departments, the City Manager would have 12 working
days upon receipt of the application to approve or deny the request. If approved by the City Manager,
the instrument is filed in the deed records of the appropriate county. A denial by the City Manager may
be appealed to the City Council ~ ~ _
If the. applicant elects to ,vacate or abandon the easement through the platting process, the
Development Department and applicable utility companies will review the proposed nature and extent
of the vacation requested, including the required re-routing or relocation of necessary utility, or drainage
easements.. Once approved by the City staff and the utility companies, the completed plat, indicating.
the easement abandoned or vacated, will be filed in the_deed records of the appropriate county.
Section 2-9(d), "Contract execution; change orders", of the City Code provides that any legal instrument
for the sale, purchase or lease of .real property shall be approved by the City Council. Adoption of the
proposed ordinance would provide an exception to subsection (d) of Section 2-9 to allow the City
Manager to approve the vacation of water, sanitary sewer, public or quasi-public utility or drainage
easements by separate instrument without City Council approval as outlined in Section 1066 of the
amended Plan Commission Rules and Regulations.
Czty of Fort Woa~th, Texas
DATE REFERENCE NUMBER LOG NAME PAGE
5/6/03 **G-13966 12LAW 2 of 2
SUBJECT AMENDMENT OF SECTION 2-9 OF THE CITY CODE TO ALLOW THE CITY MANAGER
TO APPROVE THE VACATION OR ABANDONMENT OF WATER, SANITARY SEWER,
PUBLIC OR QUASI-PUBLIO UTILITY EASEMENTS BY SEPARATE INSTRUMENT AND
AMENDMENT OF SECTION 31-22 OF THE CITY CODE TO PROVIDE VACATION OR
ABANDONMENT PROCEDURES FOR WATER, SANITARY. SEWER; PUBLIC OR QUASI-
PUBLIC UTILITY EASEMENTS
Adoption of the second ordinance- amending, Section 31-22, "Vacations of Dedication" of Article II
"Dedications and Vacations" of Chapter 31 of the City Code would mirror the newly adopted language
of Section 1066 of the Plan Commission Rules and Regulations by providing two alternatives to vacate
water, sanitary sewer, public orquasi-public utility or drainage.easements.
Street and alley vacations will continue to be reviewed and approved by the. City Council under the
current procedures.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that there will be no material effect on City funds.
BG:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector. 6140
Bridgette Garrett (Acting 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 05/06/03
ORD.#'s 15542 AND 15543
Additional Information Contact:
Sarah Fullenwider 7619
David Yett 7623