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HomeMy WebLinkAboutOrdinance 7413 ORDINANCE NO . �3 AN ORDINANCE AMENDING SECTION 37-26 . 1 . OF CHAPTER 37 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, BY REVISING CERTAIN CHARGES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES ; REPEAL- ING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A14 EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That Section 37-26 . 1. , Front Footage Charges for Service Connections of Chapter 37 of the Fort Worth City Code (1964) , as amended, be and the same is hereby amended and , after having been so amended , shall hereafter read and be as follows : "Sec . 37-26 . 1 . Front footage charges for service connections . (a) In addition to other connection charges provided in this chapter, a front footage charge shall be paid for all water service connections made from and after the effective date hereof to all water mains con- structed or purchased after October 1, 1961 , except connections to on-site mains for which the city has previously received payment from a developer and except for reconnection of single customers to a water main enlarged to provide adequate water service . (b ) In addition to other connection charCD ges provided in this chapter, a front footage charge shall be paid for all sewer connections made from and after the effective date hereof to sanitary sewers authorized for construction after October 1 , 1964 , except service connections to sanitary sewers for which the City has previously received payment from a developer. - 1 - (c ) The following definitions shall be used in interpreting this section : (1) Single customer. An existing occupied resi- dential establishment or an existing comier- cial establishment . ( 2 ) Developer. Any type of new customer other than a "single customer" . (3 ) Commercial establishment . Any establishment other than a one-or two-unit residence . (4 ) Front footage. The number of lineal feet in that portion of a property boundary abutting a street , alley or easement containing a sanitary sewer or water facility for which front footage charges are collected for connection. 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 center line of such sewer. Front footage to be used in 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 except that the maximum front footage to be used in determining a charge to be made for the connection of a one-unit or a two-unit residence shall be one hundred (100) feet . (2 ) Where the property served is irregular in shape , the front footage shall be computed as one-sixth ( 1/6 ) of the peri- meter of such property, except that in no case shall the charge for a one-unit or a two-unit residence on such property be based on a front footage in excess of one hundred (100) feet . A front footage charge will be due each time a connec- tion is made to a different water or sewer facility from such irregular shaped lot or tract . - 2 - (3) On property which is rectangular in shape and has more than one 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 , except as pro- vided under (1 ) and (2) above . (4 ) Where one or more residences other than "single customers" are located on an unsubdivided tract , each such residence shall be charged for a front footage of one hundred (100) feet , with the provi- sion that if the property is later sub- divided into lots, each lot requiring additional connection to a sanitary sewer or water facility will be charged for front footage in the usual manner. Commercial property will be charged on the basis of actual front footage as defined above under (1) , (2 ) and (3 ) . (d) The amount of the front footage charge to be made for each service connection to a water main under this section shall be six dollars fifty cents ($6 . 50) per front foot . (e ) The amount of the front footage charge to be made for each service connection to a sanitary sewer main under this section shall be four dollars and fifty cents ($4 . 50 ) per front foot . (f) The applicable front footage charges required hereunder for water or sanitary sewer service connec- tions shall be paid before plumbing permit can be issued. " - 3 - SECTION 2. That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict here- with but only insofar as any portion of such prior ordinance or provision shall be in conflict , and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. - 4 - SECTION 3. That all rights or remedies of the City of Fort Worth, Texas , are expressly saved as to any and all violations of Chapter 37 or of any amendments thereto, of the Fort Worth City Code (1964) , as amended, which have accrued at the ti.,le of the effective date of this ordinance ; and as to such accrued violations, the Court shall have all of the powers that existed prior to the effective date of this ordinance . - 5 - 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remain- ing 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. - 6 - SECTION 5 That the violation of any provision of this ordinance or of the Fort Worth City Code relating to water and sewer service shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200 . 00) , and each viola- tion thereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. - 7 - SECTION 6 . That this ordinance shall be in full force and effect from and after the date of its adoption, and it is so ordained. APPROVED AS TO FORM AND LEGALITY : 5 oe eo"10 City Attorney Adopted by the City Council August 30, 1976 - 8 - N ,. City of Fort Worth, Texas UNE .mayor and Council Communication RAW" GRAHAM DATE REFERENCE SUBJECT: Amending Front Foot Charge PAGE NUMBER Ordinance for Water and Sewer Services 8/2/76 G-3117 lot 3 eoeu�soN and AmendingRelated Provisions of WITHCommunity Facilities Policy BACKGROUND On March 24, 1975 (M&C G-2655) certain amendments to the community facilities policy were considered. Among those amendments was a pro- posal that the City install water and sanitary sewer facilities utiliz- ing front foot charges of $5.00 for water and $4.50 for sanitary sewer installations, to establish the amount of developer participation in the installation of these facilities. On May 21, 1975 (M&C G-2714) this new policy for water and sanitary sewer installations was adopted, effective June 1, 1975, with the understanding that actual distribution of costs between the City and the developer under the new policy would be re- examined annually, and revisions in front foot charges would be made as necessary to maintain a proper cost distribution between the city and the developer. The original front foot charges, effective June 1, 1975, were esta- blished on the basis of attempting to rebover 80 percent of the on-site water and sanitary sewer installation costs for new developments at the time of the policy adoption. However, in view of the City participation in approach water and sewer costs, adopted as part of the new policy, and the anticipated additional cost to the City for over-sizing of water and sewer on-site and off-site facilities, it was anticipated that the actual distribution of cost between the City and the developer, under the adopted policy, should be in the range of an average 75 percent developer cost and 25 percent City cost. In the case of sanitary sewer installations, this target has been met, since the tabulation of the distribution of costs between the City and the developer for sanitary sewer facilities constructed under the new policy, from June 1, 1975 through July 7, 1976, has been 74 percent developer cost and 26 percent City cost. However, in the case of water facilities construction, the overall distribution of cost between the City and the developer has been 56 per- cent to the developer and 44 percent to the City. Therefore, it is apparent that an increase is needed in the front foot charge applied for water facility installations. In order to determine if anticipated future water and sewerage exten- sions to new developments currently under consideration can be expected to improve the distribution of costs between the developer and the City, a projection has been made of those developments currently under consi- deration and their probable effects on the overall distribution of costs between the City and the developer. Consideration has been given to the estimated costs of Candleridge, Phases V, VI , and VII; Summerfield, DATEREFERENCE SUBJECT: Amending Front Foot Charge I PAGE NUMBER 8/2/76 G-3117 Ordinance for Water and Sewer Services 2 0} 3 and Amending Related Provisions of Community Facilities Policy Phase I; Westpoint, Phase I; and Woodhaven Number 7. Anticipated dis- tribution of overall costs for this group of projects indicates a prob- able distribution between the City and developer as follows: Facility City Percent Developer Percent Water 52 48 Sewer 22 78 Thus, it would appear that the developer projects anticipated in the immediate future would only serve to intensify the maladjustments in cost distribution between the developer and the city for water facili- ties, and would serve to emphasize the need for increase in front foot charges for water facility installations. BASIS FOR WATER FRONT FOOTAGE CHARGE INCREASE AMOUNT The actual cost per front foot for water facilities installed from June 1, 1975 through July 7, 1976, was $9.26 per foot, and 70 percent of that actual cost is $6.48 per front foot. For comparison, the actual installed costs of sewer facilities in the same time period was $6.43 per front foot, and the $4.50 front foot charge applicable for sewer installations represents 70 percent of that actual cost. Therefore, it is concluded that if the water front foot charge were increased to the same 70 percent ratio of actual installed front foot costs, it could be anticipated to produce percentage distributions approximating the shares of sewer costs presently realized from application of the $4.50 front foot charge for sewer installations. Accordingly, it is proposed that the sewer front foot charge be left unchanged, and the water front foot charge be increased to $6.50 per front foot, effective on all contracts not yet executed by the Director of the Water Department, and on all city projects not yet approved by the Director. RELATED INSTALLATIONS POLICY CHANGE Increase of the front foot charge would also require amendment of the water and sewer installations policy to provide for a change in the charge for water facilities installed by city forces. Under the current policy, the charge made for installation of water facilities by City forces is equal to twice the front foot charge, or $10.00 per linear foot. Therefore, it is proposed to increase this charge for water main installations by city forces to serve new developments, and to extend service to existing single customers, from the present $10.00 per linear foot to a revised charge of $13.00 per linear foot. Recommendations: It is recommended that: 1) An ordinance be adopted amending Section 37-26.1 "Front Footage Charges for Service Connection" to increase the ro DATE REFERENCE SUBJECT: Amending Front Foot Charge PAGE NUMBER Ordinance for Water and Sewer Services 3 °r 8/2/76 G-3117 _ a Amending R o f Community Facilities Policy charge for front footage to be made for each service connection to a water main from- $5.00 per front foot to $6.50 per front foot; and 2) The water and sewer installations policy be amended to provide for a charge of $13.00 per linear foot for water facilities installed by city forces to serve new developments and to serve existing single customers. GG:gj SUBMITTED BY: DISPOSITION COUNCIL ESSED BY PPROVED a BebTNER (DESCRIBE) -74 1,3 SECRETARY CITY MANAGER n I'► S -OFF oY NOV, 1, 197 L PS Grp'- orr< CL.tL- I-Cly ,b-'v p P,:,.,.'..9