HomeMy WebLinkAboutOrdinance 12276ORDINANCE NUMBER o~
ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF FORT WORTH,
TEXAS, SECTION 11-2(C), BY REPEALING ARTICLE 680F(7) WHICH REQUIRES THAT
SWIMMING POOLS BE CONSTRUCTED A MINIMUM OF 5 FEET FROM UTILITY
EASEMENTS, AMENDING ARTICLE 680F(8) TO DELETE THE REQUIREMENT THAT
SWIMMING POOLS AND DIVING PLATFORMS BE CONSTRUCTED A MINIMUM OF
10 FEET FROM UTILITY EASEMENTS, PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE, PROVIDING A PENALTY CLAUSE, PROVIDING A SEVERABILITY
CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS
SECTION 1
That Section 11-2(c) of the Code of the City of Fort Worth, Texas (1986), as amended,
is hereby amended by replacing Article 680F, Clearances of Service and Component Elements,
items 7 and 8, with the following
7 (Reserved)
8 A11 swimming pools and diving platforms shall be located at least ten (10) feet
from the nearest alley, and if any overhead wiring shall be in existence over a proposed
swunmmg pool site, the owner shall make arrangements with the appropriate electricity supply
agency for the relocation of such overhead wiring before a permit will be issued for the
construction of such swimming pool.
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conflicting provisions of such ordinances and such code are hereby repealed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 shall be unlawful for any person to install, alter or repair any electrical equipment in
the Ciry or cause the same to be done contrary to or in violation of any provision of this Code
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply
with or who resists enforcement of any of the provisions of this code with respect to fire and
life safety shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense, and
with respect to all other provisions of this Code shall be fined not more than Five Hundred
Dollars ($500 00) for each offense Each day that a violation is permitted to exist shall
constitute a separate offense
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 void, ineffective, or
unconstitutional by the valid judgment or final decree of any court of 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 at any such
void, ineffective, or unconstitutional phrase, clause, sentence,, paragraph, or section.
SECTION 5
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the Ordinance No 11888, as amended, or any other ordinances affecting
construction and fire safety, which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts
Electrical permits heretofore issued under existing ordinances shall be valid for the time
being for which they are issued under the existing Electrical Code, but, upon expiration thereof,
the same shall be void
SECTION 6
This ordinance constitutes a digest and revision of the Electrical Code of the City of Fort
Worth, as provided in Section 2, Chapter XXV, and Section 9, Chapter XXVII, of the Charter
of the City of Fort Worth. The City Secretary 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 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 7
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 Ciry 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 Texas Local Government Code
SECTION 8
This ordinance shall be in full force and effect beginning thirty (30) days after its passage
and publication, and it is so ordained
APPROVED AS TO FORM AI~NDp-LEGALITY
~~~~
Assi tant City Attorney
Date. ~ ~ S" ~ j ~ ~ ~
Adopted
Effective
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11 /28/95 G11317 06AMEND 1 of 1
SUBJECT ORDINANCE AMENDING SECTION 11-2(C), ARTICLE 680F, OF THE ELECTRICAL
CODE OF THE CITY OF FORT WORTH REGULATING PROXIMITY OF SWIMMING
POOLS TO UTILITY EASEMENTS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending the Fort Worth
Electrical Code, Chapter 11 of the Code of the City of Fort Worth, which would repeal the
requirement that swimming pools be constructed at least 5 feet from utility easements
DISCUSSION
The attached ordinance repeals Section 11-2(C), Article 680F(7) and amends Article 680F(8) of
the City's Electrical Code, which impose requirements that swimming pools be constructed a
specific distance from utility easements Article 680F(7) requires swimming pools to be
constructed at least 5 feet from all utility easements, regardless of whether utility lines are
constructed in the easements Article 680F(8) requires pools and diving platforms to be
constructed at least 10 feet from the nearest utility easement or alley, regardless of whether
utility lines are constructed in the easement
The attached ordinance would remove any inconsistency in these requirements and would repeal
any restrictions on the construction of swimming pools in proximity to utility easements The
code already includes and will maintain provisions for setbacks from actual utility lines The
provisions described above were determined to be an over-protective restriction that limited use
of property owners' yards without any proper justification
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Mike Groomer 6140 f1
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Originating Department Bead: ~~~~ ~~~~~
Ann Kovich 8901 (from) NQV 28 195
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For Additional Information GG~~~'
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contact: '
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Ann Kovich 8901
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