HomeMy WebLinkAboutOrdinance 5229 O fI:ICIAt RECORD
ORDINANCE NO. CITY SECRETARY
AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR FL WORTH, TDt.
A SANITARY SEWER MAIN PROJECT FROM A POINT AT THE INTERSECTION
OF WINTHROP AND PERSHING AVENUE ON LATERAL 5507., WEST FOR A
DISTANCE OF 733 FEET, REQUIRING THE DEPOSIT OF A CERTAIN
PORTION OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PROVIDING
THAT CERTAIN CONNECTING CHARGES SHALL BE DUE PRIOR TO APPLICATION
BEING MADE FOR A PLUMBING PERMIT; PROVIDING FOR REFUNDS OF CERTAIN
CONNECTION CHARGES; INCORPORATING THE APPLICABLE PROVISIONS OF
THIS ORDINANCE IN THE DEVELOPER'S CONTRACT PROVIDING FOR
CONSTRUCTION OF THIS PROJECT; PROVIDING A SAVINGS CLAUSE; AND
NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the City Council of the City of Fort Worth, in the exercise of
its sound discretion, deems it necessary and finds the public necessity
requires that a project consisting of a sanitary sewer lateral be constructed
from a point at the intersection of Winthrop and Pershing Avenue, on Lateral
5507, thence west a distance of 733 feet, such project being designated on
the map attached and hereby made a part of this ordinance, for the purpose of
providing sanitary sewer service to Tract A, Westover Ridge Addition, and
such other property situated adjacent to the tract, which, when the connection
is made, will deposit sewage into the sanitary sewer lateral shown on the
map attached, all of which real property is located in the City of Fort Worth,
Tarrant County, Texas; and that public necessity requires that certain
connection and pro-rata share construction cost charges be fixed and determined
prior to the construction of such sanitary sewer project.
SECTION 2.
In accordance with the provisions of Section 29, Article 1175, of the
Revised Civil Statues of the State of Texas, it is hereby determined that the
owners of property to be served by the subject sanitary sewer facility shall
be required to pay a connection charge. The connection charge includes a
pro-rata share of the cost of constructing said sewer lateral , and is hereby
determined to be Six Hundred Ten and 77/100 Dollars ($610.77).
SECTION 3.
Prior to the construction of the project, an amount of money equivalent
to seventy-five per cent (75%) of the total estimated cost of the project
shall be deposited with the City. Such deposit shall be applied to the cost
of the construction of the project herein provided for.
SECTION 4.
Applicable connection charges not deposited prior to the commence-
ment of construction of the project, as set forth in Section 3, shall be
due and payable to the City of Fort Worth at such time as a contract with
the City for extension of community facilities into the area is entered
into, or at the time an application is made for a plumbing permit to
allow connection of the building site on the property hereinabove des-
cribed to the sanitary sewer system provided for herein, whichever shall
occur first.
SECTION 5.
In the event any-_,of such property owners whose real property will be
served by the subject sewer lateral initially deposits with the City of
Fort Worth an amount in excess of the total connection charges for all
present or potential building sites owned by such property owner, he shall
be eligible for refund of that portion of the deposit in excess of the total
amount of the connection charges allocable to all of his building sites. All
such refunds shall be paid solely from future connection charge payments
deposited by other benefiting building site owners served directly or indi -
rectly by the sanitary sewer lateral herein provided for, and from no other
source. Refunds shall only be made from connection charges collected by the
City of Fort Worth after the construction of the project. No refund shall
be made on this project after twenty years from the date of passage of this
ordinance.
SECTION 6.
The applicable provisions of this ordinance shall be incorporated
into the developer's contract which shall provide for the installation of
community facilities under consideration in this ordinance, and into subse-
quent contracts for installation of other community facilities in this
drainage area.
SECTION 7.
This ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the City of Fort Worth, providing for the construction,
installation, and connection charges of sanitary sewer service laterals
and service lines to building sites, and shall not operate to repeal or
affect any such ordinance or ordinances except insofar as the provisionsof
such ordinance or ordinances are inconsistent or in conflict with the
provisions of this ordinance, in which instance or instances such conflicting
in said other ordinance or ordinances shall be and are hereby repealed.
SECTION 8.
If any section, sub-section, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional , such decision shall
not affect the validity of the remaining portions of this ordinance, and all
the remainder of this ordinance not so declared to be invalid shall continue
to be in full force and effect. The City Council of the City of Fort Worth,
Texas, hereby declares that it would have passed this ordinance and each
section, sub-section, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, sub-sections, sentences, clauses or phrases
be declared unconstitutional.
SECTION 9.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained. The City Secretary
is directed to cause a certified copy of this ordinance to be filed of record
with the County Clerk of Tarrant County, Texas.
APPROVED AS TO FORM AND LEGALITY:
r, .T �zi
S. G. Johndroe, Jr. , City Attorney
11r. .trcwr.l.ee
Iiir. he-_ptda
City ®f Fort Worth, Eexas -Mr. Hardy (4)
Mr. The]-in (5)
Mayor and Council Communicaft 'an
DATE REFERENCE SUBJECT: Contract for Installation of PAGE
NUMBER
8/17/64 C-362 Community Facilities, Westover Ridge, 2
Tract A loP
Thomas K. Gorman, Bishop of the Roman Catholic Diocese of Dallas-Fort Worth.,
acting by and through Monsignor Vincent Wolf, a duly authorized representative,
the developer of Westover Ridge, Tract A, has executed a proposed contract
for the installation of sanitary sewers, storm drains, streets, and street
lights to serve the subject area. The estimated cost of these community
facilities is as follows :
Developer's City's
Cost Cost Total
Street Improvements:
Construction $21,464 $2,088 $23,552
Engineering -0- 2,355 2,355
Storm Drains 1,741 -0- 1,741
Street Lights 1,804 -0- 1,804
Sanitary Sewers 2,265 625 2,890
TOTALS $27,274 $5,068
$32,342
The proposed extension of Pershing Avenue, from Guilford Road to Westridge
Avenue, will serve as the north frontage road of the East-West Freeway. There-
fore, an arterial type pavement is required. According to the standard policy,
the developer is reimbursed for the additional construction cost of arterial
type pavement adjacent to residentially zoned property where such pavement is
required by the Public Works Director. Although Tract A is commercially zoned°,
the policy is- interpreted to apply in this case since the property is to be
used as a church site. Under this interpretation, the City will participate
in the increased cost of pavement in the amount of $23088, which represents
the difference in the cost of arterial and residential type paving. A 300
foot section of Westridge Avenue borders on the area being developed and will
be improved on an assessment basis at a future date. The developer agrees in
the contract to pay his portion of the assessment prior to the benefit hearing,
and to notify any purchaser by letter that the property is subject to a future
paving assessment.
RECOMMENDED COUNCIL ACTION:
1) That the City Manager be authorized to execute the contract
on behalf of the City; and
2) a. That the following bond fund transfer be approved :
Amount From To Purpose
$2,088.00 097-36000-901 097-36000-116 To provide_ the -City's
Miscellaneous Tract A. West- share of q�
Streets in New over Ridge tion cost" ��F1Lon uiko
Additions
CITY SECRE ',Y
[ FT. WORTH, TEX.
DATE REFERENCE SUBJECT: Contract for Installation of PAGE
NUMBER
Community Facilities, Westover Ridge,
8/17/64 C 362 Tract A 2 or 2
b. That the City's portion of the street engineering cost be financed
from Project No. 097-36000-501, Engineering and Miscellaneous
Costs in New Additions.
3) That an ordinance determining the necessity and providing for the
construction of the required sanitary sewer facilities and providing
for refunds of certain connection charges be authorized.
JLB,CM
OFFICIAL RFCORQ
CITY SFCRr-
FT. WORTH, TE(.
SUBMITTED BY: DISPOSITION COUNCIL:
PROCESSED BY
PPR VED
THER (DESCRIBE)
C TY SECRETARY_
DATE
CITY MANAGER