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HomeMy WebLinkAboutOrdinance 6357 / -(2{, Lt -— .e . . -i , I) , A -- - I: .> . 9 ORDINANCE NO. G 3_57 , Y0 2256 :_o AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A SANITARY SEWER PROJECT TO SERVE THE AREA CONTAINING THE REDWOOD ESTATES ADDITION; REQUIRING THE DEPOSIT OF A CERTAIN AMOUNT OF THE ESTIMATED COST PRIOR TO CON- STRUCTION; PROVIDING THAT CERTAIN CONNECTION CHARGES SHALL BE DUE PRIOR TO AP- PLICATION BEING MADE FOR A PLUMBING PERMIT; PROVIDING FOR REFUNDS OF CERTAIN CON- NECTION CHARGES; INCORPORATING THE APPLICABLE PROVISIONS OF THIS ORDINANCE IN THE DEVELOPER'S CONTRACT PROVIDING FOR CONSTRUCTION OF THIS PROJECT; MAKING THIS OR- DINANCE 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 theI 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 a fifteen-inch, twelve-inch, ten-inch and eight- inch sanitary sewer main be constructed from a point on the existing sanitary sewer main, east of Interstate Highway Loop 820 and south of Sun Valley Addi- tion in a southwesterly direction to a point in the east line of the Redwood Estates Addition; 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 the fol- lowing described area did not have adequate sanitary sewer service and that the construction of the said fifteen-inch, twelve-inch, ten-inch and eight-inch sanitary sewer main project was necessary to provide adequate sanitary sewer service to said area, which is described by metes and bounds approximately as follows: BEGINNING at the intersection of the east curb line of the west service road on Interstate 820 at its intersection with the north curb line of Kaltenburn; THENCE north with said east curb line of west service road a distance of 1410 feet; THENCE west a distance of 2860 feet; THENCE south 23 degrees 45 minutes west a distance of 585 feet; THENCE south 46 degrees 0 minutes west a distance of 2430 feet; THENCE south 65 degrees 0 minutes east a distance of 1120 feet; THENCE south 26 degrees 45 minutes east a distance of 200 feet; THENCE north 60 degrees 0 minutes east a distance of 1200 feet; • THENCE south a distance of 1550 feet; THENCE east with the center line of Collet-Little Road a distance of 680 feet; THENCE south 23 degrees 0 minutes east a distance of 380 feet; THENCE south 61 degrees 45 minutes east a distance of 1110 feet; THENCE east a distance of 380 feet; THENCE north 44 degrees 30 minutes east a distance of 580 feet; THENCE north a distance of 840 feet; THENCE east a distance of 1485 feet; THENCE north 6 degrees 45 minutes east a distance of 1580 feet; THENCE north a distance of 770 feet to the point of intersection of the center lines of Kaltenburn and Kay Drive; THENCE west with the center line of Kaltenburn and its westerly exten- sion a distance of 670 feet to a point in the east curb line of the said west service road; THENCE north with east said curb line a distance of 420 feet to the point of beginning. The whole of Weisenberger City Addition included within the above described area is excluded from the area affected by this Ordinance. 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 main, or to a sanitary sewer which will ultimately connect into the said sanitary sewer main at a point downstream from Redwood Estates Addition, to serve property lying outside of Weisenberger City Addition, will be required to pay a connection charge which includes a pro- rata share of the cost of constructing said sanitary sewer main; that such connection charge shall be equal to one hundred fourteen dollars ($114.00) 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%) per cent of the total adjusted estimated cost of the project shall be deposited with the City. Such deposit shall be applied to the cost of con- struction of the project herein provided for. v0t.2256 PACE801 VC�t 6 PACES 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 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 con- nection 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 col- lected by the City of Fort Worth after the construction of the project. No refunds shall be made on this project after tan years from the date of the passage of this ordinance. 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 effect the validity of the remaining portions of this ordinance, and all the remainder of this ordinance notso declared to be invalid shall continue to be in full force and effect. The City Council of the City of Fort Worth, Texas, hereby dec)ares 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 uncon- stitutional . 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: •••51.-7 -0 reA44144Le".S. G. Johndroe, Jr. , City Attorney v0L2256 ?Arr 803 A \ z SCALE I 400' o ' or mni ��Q I IAARIr JONES -AO AD ..z. L0 --J O QQ Q S ,tin, ;N 0i 'Di '� �J` z w m m 1 7fj U) I 1 to s o 1 ' ' O I v D O, 1 - - -- 0 - LEGENDk. - S— 6" TO 15" SANITARY SEWER BY DEVELOPER a CITY I �c 0 S 0 Ia. •y - I --- ` 0 t r I 820 * 170d TO EXISTING SEWER MAIN i. a x W ../. .."‘.-. ... ill V , 1 SEWER EXHIBIT I GORDON S. SWIFT, P.E. "MCI MOM H.J.M. � CONSULTING ENGINEER ,,,E REDWOOD ESTATES ADDITION SERVICE LIFE CENTER 1EV. _- DEVELOPERS CONTRACT it FRIT RORER , TEAM 18111 A 'Flit A-721- "21 t'Ain 2256 ME 8O4 THE STATE OF TEXAS X COUNTY OF TARRANT X I, ROY A. BATEMAN, City Secretary of the City of Fort Worth, Texas, do.. hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 6357 duly presented •=;nd adopted by the City Council of the City of 24th Fort Worth, Texas, at regulars session held on the day of August , A. D. 19 709 =Is same appears of rens rd in Minute Book A-2, Page 264 9 WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the � day 4 "i/��_. , % , A, D, l90 ),2( ` C tr ecretary of the ,, tity of Fort Worth, Texas Ic ; - City of Fort Worth, Texas Mayor and Councpoi il Communication A,is. DATE REFERENCE SUBJECT: Contract for the Installation of PAGE GRAHAM • NUMBER Community Facilities, Blocks A, B and 2 8/24/70 C-1816 C, Redwood Estates Addition 1o 4IL66.74 Redwood Estates Incorporated acting by and through Wayne Reeves , its duly authorized President, the developer of Blocks A, B and C, Redwood Estates Addition, 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 : I Developer City Total Storm Drains $16,337 $ -0- $16,337 Street Lights 750 300 1,050 Sanitary Sewers 43,020 27,980 71,000 Water 28,900 2,100 31,000 Total $89,007 $30,380 $119 ,387 • Future assessment paving of Collet Little Road and Marie Jones Road, storm drainage, street lighting and water facilities will be installed in accordance with standard policies for the installation of community facilities. Sanitary Sewer Approach Main The approach sanitary sewer to the Redwood Estates Addition is unusually expensive for the length of sewer involved because of the necessity for crossing under Highway I-820.. The proposed sanitary sewer will serve the Weisenberger City Addition which was platted and partially developed prior to annexation into the City of Fort Worth but without sanitary sewer faci- lities. Therefore, in the future the City of Fort Worth would be involved in extending sanitary sewer service to the Weisenberger City Addition on a single customer extension basis. In view of the extra expense involved in crossing I-820 and because of the City's particular interest in securing cost participation in the construc- tion of this approach sanitary sewer to the Weisenberger City Addition, it is recommended that a special exception to the policy be granted and that the City undertake the obligation of paying besides its usual 20 per cent of the approach sanitary sewer cost to the Redwood Estates Addition but also 45 per cent of the standard 80 per cent developer's' share of the cost of the approach sanitary sewer from the existing Village Creek Collector Sewer under I-820 to a point of juncture with the sub-main extending south and west to the Redwood Estates Addition. This 45 per cent share is derived from the fact that Weisenberger City Addition occupies approximately 45 per cent of the total drainage area to be served by the approach sanitary sewer • at its point of crossing of I-820. DATE REFERENCE SUBJECT: Contract for the Installation of PAGE • NUMBER 8/24/70 C-1816 Community Facilities, Blocks A, B and 2 2 C, Redwood Estates Addition of 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 $114 for each acre of property served excluding the Weisenberger City Addition between the existing sanitary sewer to the east of Highway I-820 and the Redwood Estates property. These connection charges will be reimbursed to the Developer for a period of ten years. The contract includes City participation in the cost of street lights, water facilities and sanitary sewers. In order to provide for the City's share of the cost of the street improvements , a bond fund transfer is proposed from the appropriate unspecified account to the project account. Recommendations It is recommended: 1) That the following bond fund transfer be approved: From To Amount Purpose 106-13000-901 106-13000-529 $30,800 City's Portion of Sewer-Unspecified Sanitary Sewer Facilities Sanitary Sewer Redwood Estates Addition Facilities 109-15000-901 109-15000-398 2,400 City's Portion of Water-Unspecified Water Facilities Water Facilities Redwood Estates Addition 2) That the City Manager be authorized to execute the community facilities contract with Wayne Reeves ; 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 completion; 4) That the City Council adopt an ordinance providing for reimburse- ment to the Developer of the connection charges to the off-site sanitary sewer approach main for a period of ten years ; and, 5) That the perpetual maintenance agreement for the storm drainage facilities be accepted and recorded. HDM:ms Attachments SUBMITTED BY: DISPOSITIO Y COUNCIL: PROCESSED BY APPROV 0 OTHER (DESCRIBE) /� ab),7��/J �✓..S ' CITY SECRETARY DATE #45 CITY MANAGER ( ras776 PLEASE FILE IN DEED OF TRUST RECORDS • • ORDINANCE NO. 6357 regarding Sanitary Sewer Project to serve area containing Redwood Estates Addition gtt G U a W a O m W ci: CQ m e}* EFT h m W Z 07 La .a�z V V ....I g o o ; Q a • I-- Z � . m.3 = Z m I C* a>- 7 0 ct -s. .e, 0- it.C) O ttJkQw.. CO � i Wti -. m 'E �.. I-- r Z I I- m` m • Il 0 0 tOUN t V} tea.� ti Z r c oW O ms/ 11t ' m 1609 A,��e PLEASE RETURN TO: Roy A. Bateman City Secretary City Hall 1000 Throckmorton Fort Worth, Texas 76102