HomeMy WebLinkAboutOrdinance 5213 AN ORDINANCE DETERMINING THE NECESSITY OF AND
PROVIDING FOR A SANITARY SEWER PROJECT IN
RACE STREET FROM CHRISTIE AVENUE IN EVERMAN,
TEXAS SOUTH TO TOWNLEY STREET; REQUIRING THE
DEPOSIT OF A CERTAIN PORTION 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 A SAVING CLAUSE; AND HAVING 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 re-
quires that a project consisting of a sanitary sewer be constructed in Race
Street from Christie Avenue in Everman, Texas, south to Townley Street for
the purpose of providing sanitary sewer service to the Everman High School
and other such property situated adjacent to or downstream from said Everman
High School , which, when connections are made, will deposit sewage into the
said sanitary sewer 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 Statutes of the State of Texas, it is hereby determined
that the owners of property to be served by the sanitary sewer facility shall
be required to pay a connection charge. The connection charge includes a
pro�rata share of the cost of construction of said sewer, and is hereby
determined to be Two Hundred Four and Forty-Eight One Hundredths Dollars
($204.48) for each such connection.
SECTION 3.
Prior to the construction of the project, an amount of money
equivalent to seventy-five percent (75%) of the total estimated cost of the
project shall be deposited with the City. Such deposits 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 sites on the property hereinabove described 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 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 indirectly by the
sanitary sewer 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 subsequent
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 mains and
service lines to building sites, and shall not operate to repeal or affect any
such ordinance or ordinances except insofar as the provisions of such ordinance
or ordinances are inconsistent or in conflict with the provisions of this
ordinance, in which instance or instances such conflicting provisions 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
on record with the County Clerk of Tarrant County, Texas.
APPROVED AS TO FORM AND LEGALITY:
S. G. Johndroe, Jr. , City Attorney
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CITY OF E
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City of Fort Worth,, ` exas Mr. Korpliis
Mr. ' l elir. (5)
Mayor and Council Communicatilftl='4 (41
DATE REFERENCE SUBJECT: Award of Contract - Construction PAGE
NUMBER
7/27/64 C-340 of Sanitary Sewer to serve lof 2
..Everman 'High School
Council action on the project described below is requested.
_Project Description:
Nature of work: Construction of 8" sanitary sewer
Area to be served: Everman High School and adjacent area located in
the City of Fort Worth, in accordance with the germs
of a contract for installation of community facil-
ities between the City and the Everman School Dis-
trict, and the mutual services contract between the
City of Everman and the City,of Fort Worth permitting
connections to the Everman sewer system and approved
by the City Council on March 30, 1964 (M&C C-262).
Developer contract: The Everman School District has executed a devel-
oper's contract and agrees to pay 75 per cent of the
cost of extending sanitary sewer service to the
Everman High School site, plus 10 per cent for en-
gineering and miscellaneous expenses, plus 100 per
cent of the cost of installing a service line in
Race Street for the high school. The City of Fort
Worth agrees to establish by ordinance an approach
main connection charge of $204.48 per connection
made, directly or indirectly, to -the sewer extended
to serve the high school. The connection charges
collected by the City would be refunded to the Ever-
man School District over a period of 20 years, or
until the Everman District has recovered its initial
payment, less $204.48, which is the pro rata charge
for the high school connection.
Submission of Bids :
Date bids received: July 21, 1964
Time for
Bidder Amount of Bid Completic�
C. L. Buchanan Co. $ 10,252.45 Specified as 20
Steed Construction Co . 13,760.80 Working Days
L. D. Conatser, Contractor 14,475.90
Glade Construction Co. 15,118.55
Lewis & Lewis 15,748.60
OFFICIAL RECORD
CITY EENETARY
FT. ! n "i. T X.
---[
DATE REFERENCE SUBJECT: Award of Contract - Construction PAGE
NUMBER of Sanitary Sewer to serve
7/27/64 C-340 Everman High School 2 °f 2
Project Cns t & Financing
Developer's share of cost: $8,349.22, which includes $170 for 100 per cent
of the cost of the service connection at the
School, $743.57 for engineering and miscellaneous
costs, and $7,435.65 for payment of 75 per cent
of the cost of the main extension. The Everman
School District has deposited this amount with
the City.
City's share of the costo $2,646.80, which includes $29478.55 for 25 per
cent of the cost of the main extension and
$168.25 for 100 per cent of the cost for a
service connection which will be reimbursed
by future customers. The City's sharerof the
construction cost shall be charged to Account
No. 096-13000-3262, "Sanitary sewer to serve
Everman High School". The City's share of
engineering and miscellaneous costs in the
amount of $247,86 shall be charged to existing
budget and bond fund accounts for engineering
and inspection services .
It is recommended that
1) A Bond, Fund Transfer in the amount of $2,700 be approved from Account
No. 09613000-901., "Unspecified Projects", to Account No. 096-13000-3262,
Sanitary Sewer to serve Everman High School be approved,
2) A contrac.t be awarded to C. B. Buchanan Co. on the low bid of $10,252.45,
3) The deve'loperas contract between the City of Fort Worth and the Everman
School D--'strict relating to this sewer construction be approved, and
'that, the City Ma-!-!•ager 'be authorized to execute the developer contract
on behalf of the City, and,
4) An ordinance be adopted establishing the per connection charge of
$204.48 for future connections to the proposed sewer extensierx.
JFB:GH
CITY SECRETARY
-FT. WORTH, TEx.
SUBMITTED BY: DISPOSITION__��BY--'�COUNCIL: PROCESSED BY
LS�P�'KOVEp ) B-OTHER (DESCRIBE)
�� CITY ECRETARY
DATE
CITY MANAGER ��G�