HomeMy WebLinkAboutOrdinance 5055 ORDINANCE NO. ✓
AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR, A
SANITARY SEWER PROJECT IN JANICE LANE AND YOLANDA DRIVE IN THE
CITY OF FORT WORTH; PROVIDING FOR SANITARY SEWER SERVICE LINE
CONNECTIONS; 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 CONNEC-
TION CHARGES; INCORPORATING THE APPLICABLE PROVISIONS OF THIS
ORDINANCE IN THE DEVELOPER's CONTRACT PROVIDING FOR CONSTRUCTION
OF THE PROJECT; MAKING THIS ORDINANCE COMULATIVE OF EXISTING
ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, OFFICIAL RECORD
TEXAS: CITY SECRETARY
SECTION I FL WORTH, TEX.
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 an eight inch
sanitary sewer main be constructed in Janice Lane and Yolanda Drive
in Ryanwood Addition, such project being designated in red on the
map attached and hereby made a part of this ordinance, for the purpose
of providing sanitary sewer service to all or part of blocks 1, 14,
15 and 16, Ryanwood Addition and to the drainage area of approximately
64 acres north of Yolanda Drive, situated adjacent to the said portion
of Ryanwood Addition, which, when connections are made, will deposit
sewage into the sanitary sewer main shown in red on the map attached
(the approximate limits of such area being outlined 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 of Article
1175 of the Revised Civil Statutes of the State of Texas, it is
hereby determined that the owners of the building sites adjacent to
the sanitary sewer facilities herein provided for, the same being
specifically designated as all future lots platted within the 64
acre drainage area north of Yolanda Drive which would drain into
sanitary sewer at Janice Lane and Yolanda Drive, shall be required
to pay a connection charge. The connection charge shall include a
pro rata share of the cost of constructing said sewer main and ser-
vice lines and is hereby determined to be Thirteen and Seventy-eight
One-Hundredths Dollars ($13.78) for each such connection.
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 costs of construction of the project herein
provided for.
SECTION 4
Applicable connection charges not deposited prior to the
commencement 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 plumbing permit is applied for to allow connection
of the building sites hereinabove described to the sanitary sewer
system and main provided for herein.
SECTION 5
In the event 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
and system 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 years from the date of the passage
of this ordinance.
SECTION 6
The applicable provisions of this ordinance shall be incor-
porated in the developer's contract providing for the installation of
the sewer facilities under consideration in this ordinance.
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
mains and service lines to building sites, and shall not operate to
repeal or effect 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 or-
dinances shall be and are hereby repealed.
SECTION 8
If any section, subsection, 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, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsec-
tions, 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:
-5
S. G. Johndroe, Jr., City Attorney
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City of Fort Worth, Texas Mr: 'Juckm-n
for. Hardy
Mayor and council Communication
DATE REFERENNUMBER CE SUBJECT: Proposed Developer's Contract - PACE
11/11/63 C-188 Ryanwood Addition, Blocks .l, 14, 15 and
I of 2
E. F. Beaty and W. B. Grove, partners, have signed a proposed developer's con-
tract for sanitar7,r sewers, street improvements, storm drains and street lights
to serve Blocks 1, 14, 15 and 16, Ryanwood Addition. The estimated costs of
these facilities are as follows:
TOTAL DEVELOPER CITY
Street Improvements:
Construction $20,000.00 $20,000.00 $ -0-
Engineering 2,000.00 -0- 2,000.00
Storm Drains 7,000.00 7,000.00 -0-
Street Lights 1,353.00 1,353000 -0-
Sanitary Sewers 11,153.24" 8.960.15* 2.193.09
Total $41,506.24 $37,313.15 $4,193.09
*Includes $1,720.00 for Ott service lines.
Yolanda Drive, the northern border street of the area to be developed, is to be
improved on the assessment basis. The City Master Thoroughfare Plan establishes
Sandy Lane between Meadowbrook and Randol Mill Road as a 60-foot roadway on an
80-foot right-of-way. The present right-of-way of Sandy Lane is less than 80
feet. The Ryanwood Addition developers have dedicated a 20-foot strip on the
west side of Sandy Lane, which is a border street to this addition. For these
reasons City Council action on July 9, 1962 (M&C PK-1116), approved the initial
Ryanwood developer's contract (Developers Contract No. 4606), which stipulated
that Beaty and Grove, the developers, would construct the west 40-feet of the
roadway, including curb and gutter, to arterial street standards. This was done
to permit construction of permanent paving at that time to serve current needs
without purchasing a 20-foot strip on the east side of Sandy Lane needed to com-
plete the 80-foot right-of-way for a 60-foot roadway. The developers at that
time, agreed to install this pavement from the southern limit of the development
to Yolanda Lane, the northern limit of the development. Although the initial
contract provided for the paving of that portion of Sandy Lane adjacent to the
area included in the developer's contract which is proposed at this time, the
proposed developers contract again provides for Sandy Lane improvements. The
developer is to be reimbursed all costs in excess of a 20-foot residential pave-
ment, which will amount to approximately $15,600.00; however, funds were set
aside when the initial developer's contract for the addition was approved and
the reimbursement will be made when the developeseg have, satisfactorily completed,;,
Sandy Lane. The remaining 20 feet of pavement on the east side, including curb
and gutter, will be added at the time of the development of the adjacent property
lying east of Sandy Lane at the expense of such potential developer.
On September 23, 1963, the City Council authorized the City Staff to accept a
deposit of funds from the Carter Foundation Production Company in the amount of
the performance bonds required by the ttPolicies for Installatio "t
Facilities" in lieu of those bonds usually required in the amou tI �� �)
cost of storm drains and street lights and 20% of street improv f(O &
CITY SECRETARY
REFEREN
DATE NUMBER CE SUBJECT: Proposed Deve7oper'ts Contra^.'.- - PAGE
11/11/63 C-188 Ryanwood Addition., Blocks 1, 14, 1 and 2 ?
Of
The Public Works Department recommended such action because allowing a developer
the alternative of depositing funds with the City in lieu of performance bonds
assures the desired performance, and, most of the time, is financially desirable
to the developer. In this case, Beaty and Grove, the developers, have deposited
a performance bond in, the amount of 20% of the estimated costs of street improve-
ments in the development and funds in the amount of 1.00% of the estimated costs
of storm drains and street lights.
Because the sanitary sewer to be constructed on Yolanda Drive and Janice Lane
constitutes an approach main, it is necessary that an ordinance be passed estab-
lishing a uniform sanitary sewer connection charge of $13.78 for all or part of
Blocks 1, 14, 15, and 16, Ryanwood Addition and the drainage area of approxi-
mately 64 acres north of Yolanda Drive and adjacent to said portion of Ryanwood
Addition.
The City?s street engineering costs will be charged to Project 097-35000-501,
Street Engineering and Miscellaneous Expenditures. Recommendations for financing
the City?s sanitary sewer cost will be made when the construction contract is
awarded.
RECOMMENDED COUNCIL ACTION:
(1 That the City Manager be authorized to execute the proposed
contract on behalf of the City and that the financing be
approved as recommended above.
(2 That an ordinance be passed establishing a uniform sanitary
sewer connection charge for the area described above.
(3 That the standard developers"s policy as expressed in
"Policies for Installation of Community Facilities" be
amended to provide that funds may be deposited and held in
the same amount and manner, and in lieu of the performance
bonds now required, for the installation of street lights,
storm drains and street improvements.
(4 That, wherever applicable and upon request of the developer
involved, -the appropriate Department, Head may authorize a
substitution of funds for performance bonds deposit-ed with
developer?s contracts already executed when it is felt that
such substitution wi 11 guarantee the perforin-anoe of the
developer.
OFFICIAL RECORD
JLB�mm CITY SEC°ETARY
FT. VIBR TIS, TE,'.
SUBMITTED BY: DISPOSITION BY COUNCIL: PROC77gng
Y
[I APPROVED ❑ OTHER (DESCRIBE)
Adopted � recommen ati 1 an 2 only CITY SECRETARY
IZIAO�O�
and adopted ordinance No. 5055 establishing DATE
"ANAGER wan:i.ta,ry sewer charge. 12-11-6
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