HomeMy WebLinkAboutOrdinance 21343-07-2014 i
ORDINANCE NO. 21343-07-2014
AN ORDINANCE AMENDING THE FORT WORTH BUILDING
CODE SECTION 3210.6 BY ADDING PROVISIONS ALLOWING
FOR EXCEPTION TO ANNUAL FEES CHARGED; PROVIDING I
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 i
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WHEREAS, the City Council of Fort Worth has determined that it is appropriate
to allow staff administrative authority to approve certain encroachments thereby reducing
the processing time and the documentation sent to the City Council for consideration;
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WHEREAS, on September 25, 2012 the City Council adopted Ordinance No.
20425-09-2012 providing for an administrative authority to approve certain
encroachment agreements, increase in application fee and the establishment of an annual
encroachment fee; and i
WHEREAS, since the adoption of the annual fee the majority of encroachment
requests are within the public rights-of-way; and I
WHEREAS, staff recommends limiting the annual encroachment fee to City
owned property and public rights-of-way; and
WHEREAS, the Fort Worth Construction and Fire Prevention Board of Appeals
recommends approval of the limitation of the annual encroachment fee to City owned
property and public rights-of-way. i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
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SECTION 1.
Section 7-47 of the Code of the City of Fort Worth (1986) is hereby amended by
revising Section 3210.6 to limit the annual fee to City owned property and utility
easements,to read as follows: r
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3210. Encroachment Agreements.
3210.6. Annual Fee. For as long as the approved encroaching improvement(s)
exists, the property owner shall be responsible for payment of an annual
encroachment fee at a rate of$0.56 per linear or square foot of encroachment as I
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Sec. 7.47-3210.6 Annual Fee Amendment Ordinance No.21343-07-2014
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applicable. The annual fee shall not be applied to encroachment improvements on
city-owned easements.
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SECTION 2.
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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 provision of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed. I
SECTION 3.
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It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, i
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 1
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 ,I
shall be deemed a separate offense and upon conviction thereof shall be punishable as
herein provided.
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SECTION 4. i
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 f
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.
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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 f
the Charter of the City of Fort Worth. The Planning and Development 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
Sec.7.47-3210.6 Annual Fee Amendment Ordinance No.21343-07-2014
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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.
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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
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Texas Local Government Code. j
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
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APPROVED AS TO FORM AND LEGALITY:
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Melinda Ramos, Senior Assistant City Attorney ary gye ty retary
Adopted: July 22, 2014
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Effective: /
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Sec.7.47-3210.6 Annual Fee Amendment Ordinance No.21343-07-2014 j
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL'ACTION A�ipro�ed on 7/22/2014 _ Ortlmance No21343 07 20143 ���j
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DATE: Tuesday, July 22, 2014 REFERENCE NO.: G-18268
LOG NAME: 06AMEND BUILDING CODE 3210 TO EXEMPT ANN FEE ON EEAS
SUBJECT:
Adopt Ordinance Amending the Fort Worth Building Code to Exempt Utility Easement Encroachments from
the Annual License Fee (ALL COUNCIL DISTRICTS) j
RECOMMENDATION: I
It is recommended that the City Council adopt the attached ordinance amending Building Code 3210.6
Annual Fee to provide that the annual license fee is limited to City property and public rights-of-way and
shall not include City-owned utility easements. i
DISCUSSION: I
On September 25, 2012, the City Council adopted Ordinance No. 30425-09-2012, Mayor and Council
Communication (M&C G-17689)which provided for an increase in application fees and established an
annual license fee for encroachments on public property, inclusive of public right-of-way and easements.
The annual fee assessed to encroachments is$0.56 per linear or square foot, as applicable. d
Since the adoption of annual fee the majority of all encroachment requests are within the public right-of- j
way and very few are within City-owned easements. Staff recommends amending the Building Code to
limit the application of the annual fee to encroachments on city property and public right-of-way only,
excepting City-easements from the annual fee and not include City-owned easements.
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Staff from the Planning and Development Department and Transportation and Public Works Department
briefed the Development Advisory Committee (DAC) on Monday, April 21, 2014 regarding Staffs proposal j
to exempt easement encroachments from the annual license fee. The D.A.C. is supportive of this I
proposed change.
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The Construction and Fire Prevention Board of Appeals (CFPBOA)was briefed by Staff at their June
public hearing. The CFPBOA recommends approval of the limitation of the annual encroachment fee to
City owned property and public rights-of-way and excluding City-owned easements.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
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CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
David Schroeder (2239)
Additional Information Contact: Cassandra Foreman (8188)
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Logname: 06AMEND BUILDING CODE 3210 TO EXEMPT ANN FEE ON EEAS Page 1 of 1 !
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