HomeMy WebLinkAboutOrdinance 4774 a
ORDINANCE NO. 1
AN ORDINANCE DZTEIKCNING 7i3E NECESSITY FOR AND
PROVIDING FOR. A SANITARY SEuEE? PROJECT FROM A
POINT IN THE NORTHG:MT CORNER OF BLOCK 3, CARTER
INDUSTRIAL PARK ADDITION, KNO`J'N AS THE "CARLING
TRACT,- AND EXTENDING NORTH ALONG THE EAST SERVICE
ROAD OF U.S. HIGHv&Y 81 TO HIGHLAND TERRACE NORTIT,
THENCE PIEST ALONG HIGHLAND TERRACE NORTH TO HEMPHILL
STREET: THENCE NORrrf..-IryT RLY TO ITS CONNECTION WITH
SANITARY SEER MAIN NO. 260; REQUIRING THE DEPOSIT
OF A CERTAIN PORTION OF THE ESTIMATED COST PRIOR
TO CONSTRUCTION; PROVIDING THAT CmRPAIN 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
DEVELOPERTS CONTRACT PROVIDING A SAVINGS CLAUSE;
AND NAMING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT VIORTH, TH,XAS:
SECTION 1
That the City Council of the City of Fort ',torth, in the exercise
of its sound discretion, deems it necessary and finds the public necessity requires
that a project consisting of a fifteen-inch sanitary serer main be constructed from a
point in the northwesterly corner of Block 3, Carter Industrial Park Addition, and
extending north along the East Service Road of U.S. Highway 81 to Highland Terrace
North; thence west along Highland Terrace north to Hemphill 3trost; thence northwesterly
to its connection with sanitary sewer main No. 260, 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 3lock 3, Carter Industr`�al Park Addition, and other such
property situated adjacent to or downstream from this Block which, when connections are
made, will deposit sewage into the sanitary sewer train shown on the map attached, all
of which real property is located in the City of Fort liorth, Tarrant County, Texas; and
that public necessity requires that certain connection and pro-rata share construction
cost charges be fixed and d termined prior to the construction of such sanitary sewer
project.
SECTIOX 2
In accordance with the provisions of Section 29, Article 1175, of
the &Z sad Civil Statutes o- the State of Texas, it is hereby det=ernLined 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 constructing said sewer main, and is hereby determined to be Thirty-four and forty-
nine hundredths dollars (434.49) for each acre occupied by a coEmercial or industrial
unit.
SECTION 3.
Prior to the construction of the project, an amount of money pqQva-
lent to seventy-five per cent (750 of the total estimated cost of the project shall
be deposited with the City. Such deposit shall be applied to the cost of the construc-
tion of the project herein provided for.
3ECTION 4.
Applicable connection charges not dopD31ted prior to the connoncanant
of construction of the project as set forth in Section 3, shall be due and payable to the
City of Fort lorth at such time as a contract with the City for extension of c=vnity
facilities into the area is antered into, or at the time an application is made for a
plumbing permit to allow connection of the building sites on the property harninabove
described to the sanitary sower system provided for herein whichever shall occur first.
SECTION 5.
In the event any of such property -)wners whose real property will be
served by the subject srqer main initially deposits ?Ath the City of Fort lJorth an
amount in excess of the total connection charges for all present or potential buildin,-,
sites owned by such property owner, he shall be oli7ibln for refund of that portion of
the deposit in vxci33 of the total amount of the connoctiDn char-os allocalle to all of
his buildin; sites. All Such rl%03 shall be paid sWely from future connection char7e
payments deposited by other benefitin,. building site o�,aars served directly or ind,-'_rCct-
ly by the sanitary sawar main herein provided for, and from no other source. Asfunds
shall only be made from connection charges collected by the City of ;Port Irth after the
construction of the project '17o refund shall be made on this project after twenty years
from the date of passage of this ordinance.
3ECTIOn K
Me applicable provisions of this ordinance shall be incorporated
into the developer's contrLct which sh 11 provide for the installation of community
facilities under consideration in this ordinance, and into subsequent contracts for in-
stallation of other community facilities in this draiqa-a area,
ACTIOY 7,
This ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the City of Fort Arth providing for the construction, installa-
tion, 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 ordi-
nancc-s --3:capt insofar as the provisions of such ordinance or ordinances are inconsistent
or in conflict idth the pruviAon3 of this ordinance, in Aiich instanc,-, or instances
such conflicting in said other ordinance or ordinances shall be and ana hereby rap:algid.
SECTION 3.
If any section, sub-section, swatoncs, clause or phrase of this ordi-
nance 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 2nmaind2r 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 .forth, Ts:m3, hereby declares that it �,.rould have
passed this ordinance and Bach section, sub-section, sentence, clause or phrase thereof
irrespective of the fact that any one or mores ections, sub-sections, sentences, clauses
or phrases be declared unconstitutional.
SECTION 9.
This ordinance shall take affect and be in full force and wff;ct
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 ardinanc-, to be filed of record vjith the
County Clark of Tarrant County, T, �as.
APPXVED AS TO FO:Z. AND LEGALITY:
roe, Jr., City Attorney
A*@ AP"ilq.JA&
rr 9'-r,1418
Y OF FORT WORTH d-r. ';•
CITY OF FORT WORTH, TEXAS kto
TEXAS
THE SUBJECT MAT 'R OF THIS M.& C.C.
W.h.S p; ,;;, :,�F1) TO TRF, CITY COUNCIL
L-- -�" TY MA (3NA A Communication to Mayor and Council No. PW- 1432
AND WAS
f A 9 c!� r✓ Q/�
v / December 10, 1962
e ! C 1
City Secretary
Honorable Mayor and
Members of the City Council Re: Proposed Developer's
City of Port Worth Contract, "Carling" Tract
Mrs. McKnight and Gentlemen:
Block 3, Carter Industrial Park Addition, was sold to the Cab ling Brewing
Company with the understanding that the former owner of the propery would
pay for extending water and sewer facilities to serve the block. Standard
City poliQies for installation of community facilities require that a
developer's contract,be executed which includes sanittaar„g sewers, street
impLMELments, street li, hhts� and storm drainsp with arrangements for water
facilities made separately.
The former owner has executed a proposed developer's c�on__t_racx which .An-.
eludes sanitary sewer facilit3,esd stet .,,,-pomp^TS. Site improve-
ments which are to be constructed by Carling's include the on-site drain-
age facilities requited to serve the plant area, and therefore, no storm
drain improvements are included in this- contract. Street lights required
by the standard City policy are 4,000 lumen lights on metal standards at
125-foot spacing. Lighting is not provided by the contract, however, be-
cause of negotiations with the industry prior to its selection of Fort
Worth as the site for its plant. The industry is making extensive plans
for beautification of its grounds, and does not want any vertical poles
obstructing the view to the plant. All wooden utility poles are being
removed,. and utility lines are being placed underground.
The proposed contract provides for the developer (the former o er) ta .eon
struct the street improvements only in the event the Texas Highay Depart-
ment does not construct them or in the event the party which will construct
the buildings on the tract refuses to do so. This provision is generally
consistent with Council action concerning freeway frontage construction for
the Hallmark Addition, in, the same area. The street improvements consist
only of constructing curb and gutter and concrete, driveways, and connecting
the new gutter with the existing paving on the freeway service road.
The sanitary sewer to be constructed is classified as an approach main
since it passes by and will provide service to andther tract of land. The
developer is required to pay 75 per cent of the cost of the construction,
with a portion of the payment subject to refund when other connections are
made to the main. Based on estimates of the volume of sewage that can be
carried by the main in addition to that originating at the tract now being
served, the connection charge will be $34.49 for each acre occupied by each
8
M&C PW-1432
December 10, 1962
Page 2
commercial or industrial building that may connect to the line. To make
this connection charge possible, an ordinance must be enacted by the City.
The estimated cost of this sanitary sewer main is $39,294 including
engineering, of which the developer's cost is estimated to be $29,470.65
and the City's cost is estimated to be $9,823.35. Financing of the City's
share of the cost will be recommended when the construction contract is
awarded.
It is requested that the City Council:
1) Approve the developer's contract for Block 3, Carter
Industrial Park Addition, and,
2) Adopt the ordinance providing for future sanitary sewer
approach main refunds.
i Respectfully Submitted,
e. ep. C-o
LPC:ihokingham
City Manager