GENERAL PROVISIONS

Fort Worth City Code ch. 12.5, art. I, div. 4, subpt. I

in effect

Fort Worth City Code § 12.5-136 DEFINITIONS.

§ 12.5-136 DEFINITIONS. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated. PROPERTY OWNER. The owner of property upon which or from which there has been a release or suspected release. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-137 PURPOSE.

§ 12.5-137 PURPOSE. (a) The purpose of this division is to establish guidelines and rules whereby, pursuant to Chapter XXVII, § 13, of the Charter of the city, the city manager may execute use agreements with property owners to allow subsurface environmental sampling and the placement of monitoring wells in city right-of-way, other city property, and in city easements, without the prior approval of the city council. These guidelines and rules shall not be interpreted as creating any rights in any property owners to do such subsurface environmental monitoring or placement of monitoring wells. (b) It is further the purpose of this division to protect the lives and safety of the traveling public, to protect the health, safety and welfare of the residents of the city, and to protect city property. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-138 AUTHORITY OF CITY MANAGER.

§ 12.5-138 AUTHORITY OF CITY MANAGER. (a) The city manager or the city manager’s designee may enter into use agreements with property owners to allow such owners to perform subsurface environmental monitoring and place monitoring wells in city right-of-way, other city property and in city easements, if such sampling or wells are required by the commission or the EPA, or requested by the property owner, and no reasonable alternative site exists. (b) The city manager may establish rules and procedures for the administration of this division that are not inconsistent with the provisions of this division, and which are necessary to protect city property interests and the public health, safety or welfare. (c) For the purpose of making subsurface environmental sampling or installing monitoring wells on city easements, rights-of-way or other property, the provisions of this division supersede any similar provisions in the buildings chapter of the city code or other similar provisions in the city code. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-139 MINIMUM REQUIREMENTS FOR USE AGREEMENTS.

§ 12.5-139 MINIMUM REQUIREMENTS FOR USE AGREEMENTS. Any use agreement approved by the city manager as allowed by this division shall at a minimum provide for: (a) An insurance policy or policies naming the city as an additional insured, with policy types and limits determined by a representative from the risk management division of finance. When factors so warrant, and the risk management division of finance believes the city will be properly protected, the risk management division of finance may approve self-insurance; (b) The indemnification of the city by the property owner for all claims and damages arising from use agreement activities; (c) The relocation of monitoring wells if required for street and utility repair and maintenance; (d) Minimal disturbance of traffic; (e) Minimal disturbance of the peace of nearby residential neighborhoods; (f) The protection of the city’s municipal separate storm sewer system and the city’s sanitary sewer from use agreement activities; (g) The proposed drilling depth for soil borings and monitoring wells, locking caps on wells, and restoration of city property following completion or abandonment of contract activities; (h) Barricading during sampling and drilling of monitoring wells; (i) Inspection of operations by the environmental manager and city traffic engineer, and authority of same to halt use agreement activities when necessary to protect the environment or traveling public; (j) Drilling to be performed by a contractor licensed and bonded to work in the public right-of-way, and licensed under Tex. Water Code Chapter 32; (k) Certification of utility clearance prior to drilling; and (l) Fees to offset the city’s cost of regulating and monitoring use agreement activities as determined by a schedule set by the city council. (Ord. 12274, § 1, passed 11-28-1995; Ord. 14934, § 4, passed 1-22-2002)

Fort Worth City Code § 12.5-140 PRIORITY OF PLACEMENT.

§ 12.5-140 PRIORITY OF PLACEMENT. It is the city’s position that the placement of subsurface environmental sampling sites and monitoring wells shall follow the order of priority set forth below, and that sampling sites and monitoring wells be permitted on city roadways or in stormwater drainage channels only as a last resort. In declining order of priority, sampling sites and monitoring wells shall be placed: (a) On the property owner’s property, not within a public easement; (b) On adjacent private property, not within a public easement; (c) On the property owner’s property, within a public easement; (d) On adjacent private property, within a public easement; (e) On city-owned property, excluding rights- of-way; (f) Within city right-of-way, excluding roadways, sidewalks and stormwater drainage channels; (g) Within city right-of-way, including roadways and sidewalks, but excluding stormwater drainage channels; and (h) Within city right-of-way, including stormwater drainage channels. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-141 through 12.5-144 RESERVED.

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-13862Fetched: 10/26/2026