Loading...
HomeMy WebLinkAboutOrdinance 7229 0 �'�' QCT•-6-75 5 4 9 2 3 6 LS 01 VOL 2710. Fau 711 ORD I NANCE NO. AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A SANITARY SEWER PROJECT TO SERVE PORTIONS OF CARTER INDUSTRIAL PARK ADDITION AND CERTAIN TRACTS OF LAND EAST THEREOF; REQUIRING THE DEPOSIT OF A CERTAIN AMOUNT OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PROVIDING THAT CERTAIN CONNECTION 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; MAKING THIS ORDINANCE CUMULATIVE OF EXISTING ORDINANCES; PROVIDING A SAVING CLAUSE; AND MAKING 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 that public necessity requires that a project consisting of twenty-one-inch, eighteen-inch and fifteen-inch sanitary sewer mains be constructed from a point on the existing sanitary sewer main, in Enon Road just west of Rendon Road, extending in a northwesterly direction to the west line of Oak Grove Road approximately 1 ,200 feet south of the south line of Joel East Road, 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 That the City Council of the City of Fort Worth hereby finds that certain property in Carter Industrial Park Addition and easterly thereof, which property is described by metes and bounds as follows: 1 . Upper Area: Beginning at the intersection of the north right-of-way line of Enon Avenue and the centerline of Oak Grove Road; Thence North, approximately 1375 feet, along the centerline of Oak Grove Road to a high point in Oak Grove Road; Thence West Northwest, approximately 1 ,650 feet, along a ridge line to said ridge line's intersection with the south property line of the old R. A. Vaughn property; Thence Northwest along a ridge line, approximately 1 ,050 feet, to said ridge line's intersection with the north property line of the old R. A. Vaughn property; Thence Northwest, approximately 390 feet, along a ridge line to said ridge line's intersection with the centerline of Will Rogers Boulevard right-of-way; VOL 2710. ME 712 Thence West Northwest, approximately 1 ,370 feet, along a ridge line to said ridge line's intersection with the centerline of the Missouri and Pacific Railroad Spur located between Blocks 4 and 5 of Carter Industrial Park, said intersection being approximately 4,500 feet north of Everman-Kennedale Road; Thence North along the centerline of the Missouri and Pacific Railroad Spur right-of-way approximately 3,800 feet; Thence East along the centerline of the Missouri and Pacific Railroad Spur right-of-way, approximately 3,935 feet, to its intersection with the centerline of Oak Grove Road; Thence South along the centerline of Oak Grove Road, approximately 720 feet, to a high point in Oak Grove Road; Thence East, approximately 600 feet, along a ridge line to a point; Thence East Southeast along a ridge line, approximately 2,200 feet, to a point which is located approximately 250 feet north and 2,650 feet east of the intersection of Oak Grove Road and Joel East Road; Thence South, approximately 470 feet, to the south right-of-way line of a Texas Electric Service Company power line; Thence East along the south right-of-way line of Texas Electric Service Company power line, approximately 800 feet, to a point; Thence Southeast, approximately 1 ,450 feet, to a point; Thence in a curve to the left and along a ridge line, approximately 1 ,070 feet, to the west right-of-way line of a Texas Electric Service Company power line; Thence South Southwest, approximately 950 feet, along the west right-of- way line of the Texas Electric Service Company power line to a point; Thence East, approximately 180 feet, to the centerline intersection of Wichita Street, Bell Street, and Race Street; Thence in a southerly direction along the west right-of-way line of Race Street, approximately 2, 190 feet, to a point; Thence West, approximately 1 ,400 feet, to said line's intersection with the extension of Floyd Street from Enon Avenue to the north; Thence Southwesterly, approximately 300 feet, to a point; -2- YOL 2 i.1O` ?A6,113 Thence Northwest, approximately 365 feet, to a point ; Thence in a southwesterly direction, approximately 650 feet, to the north right-of-way line of Enon Avenue; Thence along the north right-of-way line of Enon Avenue, approximately 3,010 feet, to said right-of-way line's intersection with the center- line of Oak Grove Road which is the Point of Beginning and containing approximately 1 ,051 acres, more or less. 2. Lower Area: Beginning at a point in the west right-of-way line of Rendon Road which is also the northeast property corner of the commonly referred to Hanna Ranch property (now owned by Capitol Syndications, Inc.) ; Thence South along the west right-of-way line of Rendon Road, approximately 2,475 feet, to a common corner with the Everman Independent School District; Thence West along the north property line of the Everman Independent School property, approximately 550 feet, to a corner; Thence South along the west property line of said Everman Independent School property, approximately 525 feet, to a corner; Thence East along the south property line of said school property, approximately 550 feet, to a corner in the west right-of-way line of Rendon Road; Thence in a curve southwesterly, approximately 1 ,350 feet, to a point in the north right-of-way line of Enon Road; Thence North, approximately 600 feet, to a point; Thence West Northwesterly, approximately 2,730 feet, to a point in the east right-of-way line of the Texas and Pacific Railroad Company right- of-way; Thence in a northwesterly direction, along the east right-of-way line of said railroad, approximately 1 ,800 feet to the most westerly corner of said Hanna Ranch property; Thence East, approximately 1 , 150 feet, to a corner; Thence North, approximately 1 , 120 feet, to a corner; Thence East along the north property line of the Hanna Ranch, approximately 3120 feet, to the Point of Beginning and containing 216 acres, more or less. -3- VOL2710 FAU 714 did not have adequate sanitary sewer service and that the construction of the said sanitary sewer mains project was necessary to provide adequate sanitary sewer service to said property. SECTION 3 That in accordance with the provisions of Section 29, Article 1175, of the Revised Civil Statutes of Texas and the Charter of the City of Fort Worth, it is hereby determined and decreed that persons who desire to make connections directly to the said sanitary sewer mains, or to a sanitary sewer which will ultimately connect into the said sanitary sewer mains at a point downstream from the west line of Oak Grove Road, will be required to pay a connection charge which includes a pro-rata share of the cost of constructing said sanitary sewer mains; and that such connection charge shall be equal to two hundred thirty and no/100 Dollars ($230.00) per acre of property served by such connection. SECTION 4 Prior to the construction of the project, an amount of money equivalent to eighty (80%) percent of the total estimated cost of the project shall be deposited with the City. Such deposit shall be applied to the cost of construction of the project herein provided for. SECTION 5 Applicable connection charges not deposited prior to the commencement of construction of the project, as set forth in Section 4, shall be due and payable to the City of Fort Worth at such time as a plumbing permit is applied for to allow connection of the building sites hereinabove to the sanitary sewer main provided for herein. SECTION 6 In the event that any one of such adjacent property owners initially deposits with the City of Fort Worth an amount in excess of the total connection charges for all 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 adjacent building site owners served by the sanitary sewer main 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 refunds shall be made on this project after ten (10) years from the date of the passage of this ordinance. -4- VOL 2710 FACE 715 SECTION 7 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 subsequent contracts for installation of other community facilities in this drainage area. 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 un- constitutional . 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 rr, J S. G. Johndroe, Jr., City Attorney -5- P voL X710 pg_ 716 ra THE STATE OF TEXAS COUNTY OF TARRANT I, JACK W. GREEN, Assistant City Secretary of the City of Fort Worth, Testas, do hereby certify that the above and foregoing is a mue and correct copy of Ordinance No. 7229 � duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the 22nd day of October A .A. D. 19 ?5 , as same appears of record in the Office of the City Secretary. WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 22nd day of September , A. D. 19 75 r '`y Ass ant City Secretary of the City of Fort Worth, Texas a-', r ri ! R034NSury Cil ., of Fort Worth, EElacs INE INE 1 mayor and Council Communication GRAHAM DATE REFERENCE SUBJECT: Contract for the Installation PAGE XIMBRO 9/22/75 C-3NUMBER of Community Facilities, Lot 2, Block 6, f or 2 99 Carter Industrial Park Addition gAHTEitRE Carter Foundation Production Company, acting by and through Katrine Deakins, its duly authorized Secretary-Treasurer, the developer of Lot 2, Block 6, Carter Industrial Park, has executed a proposed contract for the installation of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows: Developer City Total Street Improvements Construction $ 77,523 -0- $ 77,523 Engineering and Administration -0- $ 5,814 5,814 Storm Drains Construction 25,806 -0- 25,806 Engineering and Administration -0- 2,320 2,320 Street Lights 2,600 -0- 2,600 Sanitary Sewers 440,000 110,000 550,000 Water 20,000 5,000 25,000 Total $565,929 $123,134 $689,063 Street paving with curb and gutter, storm drainage, street lighting, water facilities and sanitary sewers will be installed in accordance with standard policies for the installation of community facilities in effect prior to June 1, 1975. The contract includes City participation in the cost of water and sanitary sewer facilities. In order to provide for the City's share of the cost of the improvements, bond fund transfers are proposed from the appropriate unspecified accounts to the project accounts. Sanitary Sewer Per Connection Charge Ordinance The developer has requested that the City Council enact a standard per connec- tion charge ordinance requiring payment of a connection charge of $230 per acre of property served by the extended sanitary sewer main indicated on the attached map. After payment, these connection charges will be reimbursed to the developer over a period of up to ten years. r DATE REFERENCE SUBJECT: Contract for the Ins`allation PAGE NUMBER 902/75 C-3199 of Community Facilities, Lot 2, Block 6, 2 O1 2 Carter Industrial Park Addition Recommendations It is recommended: 1) That the following bond fund transfers be approved: From To Amount Reason 104-36000-901 104-36000-381 $ 8,134 To provide for City's cost Streets in New Streets and Storm of Engineering and Adminis- Additions Drain Improvements tration for streets and Unspecified in Lot 2, Block 6, storm drains Carter Industrial Park 109-15000-901 109-15000-539 $ 5,500 To provide for City's Water Unspecified Water Facilities in cost of water facilities Carter Industrial Park, Block 6 106-13000-901 106-13000-661 $120,000 To provide for City's Unspecified Sanitary Sewers to share of cost for sanitary Miscellaneous Serve Block 6, sewer improvements Mains Carter Industrial Park 106-14000-901 106-13000-901 $150,000 Unspecified Major Unspecified Sub- Mains mains and Laterals 2) That the City Council adopt an ordinance providing for reimburse- ment to the developer of the per connection charges to the off- site sanitary sewer approach main for a period of ten years; 3) That the City Manager be authorized to reimburse the developer for the City's share of the cost of water and sanitary sewer facilities upon satisfactory completion of same; and 4) That the City Manager be authorized to execute a community facilities contract with Carter Foundation Production Company, Katrine Deakins, Secretary-Treasurer. RNL:ms Attachments SUBMITTED BY: DISPOSITIO"Y COUNCIL: PROCESSED BY APPROVED ❑ OTHER (DESCRIBE) P—V CI S RETARY DATE CITY MANAGER r a � ! MISSOURI PACIFIC R.R.SPUR J 1 36" R.C. P. a • M PROPOSED STREET,_ de-1 xf6� BLOC L 0 T 1 INLETS /� ••. • i• WALLACE E. CARROLL 4' SQ.M.H. +c e� 2 27" RCP ss' -- - 2-10' INLETS , _/--� FUTURE ' 30" RCP 4► S .M. H. RAILROAD + Q / FUTURE M.HS 2-10' INLETS d RAILROAD �4' SQ.M. H. / + L 0 T I EXIST.'27" RCP • TO BE REPLACED [AEXIST,,, WITH 33" RCPT 3" RCP E X I ST.-UlJB_ ;72- 10' INLETS ` JOEL EAST RdAD 10' IN LE 10' INLET MULA +••� ; s.r ■ ooms _ Sal EX I,ST.42" RCP , DRAINAGE DITCH XD. IST.48" 1 , t I>W XHIBIT "A " aL K. 7 S-To R m N i LOT 2 , BLOC _ CARTER INDUSTRIAL�IK O ( REVISED) ' 1 SNOWDEN ROAD � i; OWNER & DEVELOPER ZOWN CARTER FOUNDATION )RK g PRODUCTION COMPANY P.O. BOX 1Q36 EAL FORT WORTH,, TEXA'S 76101 PREPARED BY: CARTER A BURGESS, INC. 01{ � IN s T fNG I NEERS - PLAnERS _ _ �,� �' PLEASE FILIT IN DEED OF TRUST RECORDS ORDINANCE NO. 7229 DECLARING PUBLIC a NECESSITY FOR CONSTRUCTION OF SANITARY SEWER PROJECT TO SERVE PORTIONS OF CARTER INDUSTRIAL PARK ADDITION; REQUIRING PERSONS DESIRING TO CONNECT TO SANITARY SEWER LINE TO PAY CONNECTION CHARGE; AUTHORIZING REIMBURSEMENT TO DEVELOPER n°i w�a n G O e rnco .� CD p m .ee :cz � Zm � O CITY OF FORT WORTH TO PROPERTY OWNERS UND E -. j7-r } �q rTt 1 i 2 Ar No q CS PLEASE RETURN TO: Mr. Roy A. Bateman, City Secretary City of Fort Worth, Texas City Hall - 1000 Throckmorton Fort Worth, Texas 76102