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Home My WebLink AboutOrdinance 17622-06-2007ORDINANCE NO 17622-06-2007 AN ORDINANCE AMENDING SECTION 35-58, `FRONT FOOTAGE CHARGES FOR SERVICE CONNECTION" OF CHAPTER 35, `WATER AND SEWERS" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO CHANGE THE NAME OF THE SECTION AND TO REFLECT THE ASSESSMENT CRITERIA OF WATER AND SEWER FRONT FOOT CHARGES IN ACCORDANCE WITH THE REVISED CALCULATION METHOD MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 395 001(4)(D) of Chapter 395 Texas Local Government Code, allows for the establishment of pro rata fees for reimbursement of costs associated with the extension of water and/or sewer mains or lines by the City WHEREAS, recent studies have shown that current calculation for determining the front footage charge have not been adequate to determine the true cost of extending water and/or sewer lines, WHEREAS the City's Development Advisory Committee agreed with such findings, and WHEREAS it is m the best interest of the City of Fort Worth to amend the calculation methodology for the front footage charge to recoup some of the costs incurred for the extension of water and/or sewer mains or lines and establish a new front footage charge as described below NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. SECTION 1. That Section 35-58 of Chapter 35 of the Code of the City of Fort Worth (1986) as amended, is hereby amended to be and read as follow Sec 35-58 Assessment Front Footage Charges for Service Connection. (a) Generally In addition to other connection charges provided m this chapter a front footage charge shall be paid for all service connections made to all water and sanitary sewer mains in the following cases (1) Service connections or extensions made to serve ad~acentlvacant property from an approach facility constructed by a developer single-customer property owner or the City (2) Service connections or extensions made to serve adjacent/vacant property from an approach facility that has been replaced at developer single-customer property owner cost, or the City (3) Service connections or extensions made to serve adjacent/vacant property from an approach facility installed by multiple single-customer property owners or the City (b) Definitions. The following terms shall be defined as follows when used m this Section. (1) Single-customer pJ°operty owner shall mean an existing occupied residential establishment or an existing commercial establishment. (2) Developer shall mean any type of new customer other than single (3) Commercial establishment shall mean any establishment other than a one or two-unit residence. (4) Frontfootage shall mean the number of linear feet m that portion of a property boundary abutting a street, alley or easement containing a sanitary sewer or water main for which front footage charges are collected for connection. (c) Sewers crossing through property served. In the case of an easement containing a sanitary sewer for which footage charges are collected for connection, which sewer crosses through the property served, the boundary on which the front footage charge is to be based shall be the length of the sewer within the limits of such property measured along the centerline of such sewer (d) Determination of front footage Front footage to be used m application of front footage charges shall be determined as follows (1) The front footage charge shall apply directly to property platted into the usual rectangular lots or tracts of land. (2) Where the property served is irregular m shape, the front footage shall be computed as one-sixth of the perimeter of such property The payment of front footage charges by the customer shall be the lesser amount as calculated above or as calculated by the number of linear feet of property abutting a street, alley or easement containing a sanitary sewer or water facility A front footage charge will be due each time a connection is made to a different water or sewer main from such irregular shaped lot or tract. (3) On property which is rectangular m shape and has more than one (1) boundary abutting a street, alley or easement containing a sanitary sewer or water facility serving the property only that boundary across which a connection is effected will be used in determining front footage charges. (4) The front footage charge shall be calculated as prescribed by the method m the Policy for Installation of Community Facilities for Water and Sewer (5) The Director shall be authorized to collect the front foot charge in an amount established by City Council pursuant to this Section and the Policy for Installation of Community Facilities for Water and Sewer (6) The applicable front footage charges required hereunder for water or sanitary sewer service connections shall be paid before a plumbing permit can be issued. SECTION 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. 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 remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall take effect on October 1 2007 APPROVED AS TO FORM AND LEGALITY Assistant ty Attorney ADOPTED .tune 19 2007 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 6/19/2007 Ord #17622-06-2007 DATE Tuesday June 19 2007 LOG NAME 60FRONT FOOTAGE REFERENCE NO G-15763 SUBJECT Adopt an Ordinance Amending Section 35-58 of Chapter 35 `Water and Sewers of the City Code and Addition of Section F(3) `the Calculation Method of Front Footage Charges to the Policy for the Installation of Community Facilities to be Effective October 1 2007 $ _ RECOMMENDATION It is recommended that the City Council 1 Adopt the attached ordinance amending Section 35-58 of Chapter 35 `Water and Sewers Front Footage Charges for Service Connection to be effective October 1 2007 2. Adopt the calculation method for front footage charges in the Policy for the Installation of Community Facilities (the `Policy") and 3 Adopt the revised water and sewer front footage charges pursuant to the amended ordinance and revised calculation method to be effective October 1 2007 DISCUSSION Currently front footage charges are collected by the City to reimburse developers for installing water and/or sanitary sewer mains across properties other than their own Front footage charges are collected when connections are made to these water or sanitary main extensions The assessment criteria currently prescribed by City Code Section 35-58(a) (1) and (a) (2) is expired pursuant to the Policy The purpose of this change in the ordinance is to more comprehensively calculate front footage charges used to reimburse developers and customers who pay for the installation of water and sanitary sewer lines to serve their property Amendment to Ordinance The proposed ordinance will amend Section 35-58 of Chapter 35 of the City Code by removing obsolete sections which have expired and allowing the City to collect front footage charges as authorized by the 2001 amendment to Chapter 395 001(4) (D) of the Texas Local Government Code It would also allow the Water Department to re-assess the front footage charges annually pursuant to the revised calculation method stated in the Policy upon City Council's authorization Amendment to the Policy Currently no front footage charge calculation methods are specified in the Policy The current calculation practice is for the City to assess the front footage charges every six months based on the average cost of water or sewer lines installed in undeveloped areas The proposed addition of Section F(3) `the Calculation Method of Front Footage Charges would be assessed annually by the Water Department upon City Logname 60FRONT FOOTAGE Page 1 of 2 Council's authorization to be effective October 1st of each year Using the bids received by the City for similar projects during the prior 12 months (September of the previous year to August of the current year) Using the average construction cost of the 8-inch water and sanitary sewer lines in developed areas. The Policy of the Installation of Community Facilities for water and sanitary sewer front footage charges shall hereby be revised and amended as stated above Revised Water and Sewer Front Footage Charges Pursuant to the new calculation method as stated above an increase in the front footage charge for water service connection shall be made from $8 75 per front foot to $38 40 per front foot; and $12.25 per foot to $48 20 per foot for sanitary sewer service connections. The proposed front footage charge increase is due to The dramatic increase in labor and material costs The change in the development activity pattern from the green field to central city redevelopment; and The change in calculation method to include a comprehensive construction cost. The Water Department presented this proposed ordinance to the Development Advisory Committee and the Infrastructure Transportation Committee Positive responses were received from both committees FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City Funds. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office b~ Marc Ott (8476) Originating Department Head. S Frank Crumb (8207) Additional Information Contact: S Frank Crumb (8207) Logname 60FRONT FOOTAGE Page 2 of 2