HomeMy WebLinkAboutOrdinance 7375 ORDINANCE NO. -7 3 -�S
AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED
FOR THE CONSTRUCTION OF A SANITARY SEWER PROJECT TO
SERVE PORTIONS OF LITTLE FOSSIL CREEK AND BIG FOSSIL
CREEK DRAINAGE AREAS WEST OF BEACH STREET; 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; 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 a 21-inch and 18-inch sanitary sewer main be constructed,
from a point on the existing sanitary sewer main, extending
along Little Fossil Creek east of 135-W, extending in a
northerly direction to the Motorola Plant Site; 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 following described service areas:
I. NORTH SERVICE AREA:
BEGINNING: At an iron pin in a concrete monument,
said pin being the southeast corner of a
100.02 acres tract of land owned by Motorola
Corporation, said tract being out of the
David Odum Survey, Abstract 1184, J. M.
Robinson Survey, Abstract 1345, and the
W. B. DeWees Survey, Abstract 396, and being
a portion of Tract One and Two conveyed to
Hunt Investment Corporation by deed recorded
in Volume 5698, Page 258 of the Tarrant
County Deed Records, said corner also being
in the west line of North Beach Street;
THENCE: South 00104'50" West 310 feet to a point in
the north line of Interstate Highway Loop 820;
THENCE: Along the north line of Interstate Highway Loop 820
as follows:
South 45003' West 70-77 feet to a point;
North 89042'3611 West 4774.92 feet to a
Texas Highway Department concrete monumnet
with a brass cap, said monument being the
point of beginning of a circular curve
whose center of radius bears North 01025132"
East 2812.79 feet from the said monument;
In a westerly direction along said circular
curve to the right 612.47 feet to a point on
the ground, said point being the beginning of
a circular curve whose center of radius bears
North 13'54105" East 1380.40 feet from said
point on the ground;
THENCE: Along the east line of Interstate Highway 35W as
follows:
In a northwesterly direction along said circular
curve to the right 1190.00 feet to a Texas
Highway Department concrete monument with a
brass cap, said monument being the point of
beginning of a circular curve whose center
of radius bears North 6301012911 East
2812.79 feet from said monument;
In a northerly direction along said circular
curve to the right 1312.92 feet to an iron pin;
North 1201710611 West 5.08 feet to a Texas
Highway Department concrete monument with a
brass cap;
North 0002105" East 742.14 feet to a Texas
Highway Department concrete monument with a
brass cap;
North 00002107" West 811.82 feet to a Texas
Highway Department concrete monument with a
brass cap, said monument being the point of
beginning of a circular curve whose center of
radius bears South 89'58'50" West 11,634.16 feet;
In a northerly direction along said circular
curve to the left 496.71 feet to a point,
said point being the most westerly northwest
corner of the herein described Sanitary Sewer
Service Area - North Portion;
THENCE: Along a generally west-to-east broken line traverse
defining the northern limits of the herein described
Sanitary Sewer Service Area - North Portion as follows:
North 9000010011 East 570.00 feet;
South 51050'3411 East 890.22 feet;
South 22'4211011 East 531-15 feet;
North 9000010011 East 175-00 feet;
North 43021t4811 East 371-38 feet;
North 12048'1511 East 112.81 feet;
North 32039'39" West 231.62 feet;
North 55040,11" East 248.24 feet;
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North 37°05'34" West 257.00 feet;
North 08°51'53" East 551.59 feet;
North 78°34122" East 479.50 feet;
North 23°37146" East 174.64 feet;
South 69002'39" East 503.29 feet;
South 54032112" East 896.27 feet;
South 12°38'32" East 548.29 feet;
South 21117'11" West 413.19 feet;
North 8910433" West 310.04 feet;
South 29°08103" East 349.18 feet;
South 36119'03" East 726.03 feet;
North 78029110" East 275.54 feet;
North 23028'39" East 1079.35 feet;
North 38002149" East 292.06 feet;
South 31047'56" East 588.30 feet;
South 38°15'50" East 452.13 feet;
North 34°18128" East 514.51 feet;
South 22°22148" East 275.77 feet;
South 00148124" East 377.86 feet;
South 89°45140" East 1000.00 feet to a point
in the west line of North Beach Street, said
point being the most easterly northeast corner
of the herein described Sanitary Sewer Service
Area - North Portion;
THENCE: In a southerly direction along the west line of
North Beach Street as follows:
South 05°35'00" West 99.19 feet to an iron
pin;
South 11018145" West 383.41 feet to an iron
pin in a concrete monument;
South 13°31'56" West 263.65 feet to an iron
pin in a concrete monument;
South 00°04'50" West 1417.38 feet to an iron
pin in a concrete monument, said iron pin
being the point of beginning of the herein
described tract of land containing 521.06
acres, more or less.
II. SOUTH SERVICE AREA:
BEGINNING: At the most southerly southeast corner of
the Jennings tract, said tract being adjacent
to the southeast quadrant of the north inter-
section of Interstate Highway 35W and
Interstate Highway Loop 820;
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THENCE: North 47°52103" West 1308.61 feet to a point
in the east line of Interstate Highway 35W;
THENCE: North 18°1712411 East along the east line of
Interstate Highway 35W 400.00 feet to the point
of beginning of a circular curve of radius
1332.40 feet;
THENCE: In a northeasterly direction along the east line
of Interstate Highway 35W along said curve to
the right 1209.25 feet;
THENCE: North 67038148// East along the south line of
Interstate Highway Loop 820 a distance of 244.03
feet to the point of beginning of a circular
curve of radius 1412.40 feet;
THENCE: In an easterly direction along the south line of
Interstate Highway Loop 820 along said curve to
the right 493.02 feet;
THENCE: North 89042'3611 East along the south line of
Interstate Highway Loop 820 a distance of
3028.59 feet to the most northeasterly corner
of the herein described Sanitary Sewer Service
Area - South Portion;
THENCE: South 31041'39" West 1508.56 feet;
THENCE: South 20019123" West 1151.69 feet;
THENCE: South 04027'3911 East 1414.28 feet;
THENCE: South 17°35'33" West 860.23 feet;
THENCE: South 00°45'50" West 750.07 feet;
THENCE: South 12°46143" West 1491.95 feet;
THENCE: South 47/2912211 West 1058.12 feet to the most
southerly corner of the herein described Sanitary
Sewer Service Area - South Portion, said corner
being located over the existing 27-inch Little
Fossil Sewer Collector Main at a point approxi-
mately 1090 feet east of the centerline of
Sylvania Avenue;
THENCE: North 5300714811 West 100.00 feet;
THENCE: North 0000010011 East 1940.00 feet;
THENCE: North 22050'01" West 1030.78 feet;
THENCE: North 00015149" West 1545.00 feet;
THENCE: North 44°32'54" West 1087.50 feet to the point
of beginning and containing 356.08 acres of
land, more or less;
did not have adequate sanitary sewer service and that the
construction of the said 21-inch and 18-inch sanitary sewer
main project was necessary to provide adequate sanitary sewer
service to said properties.
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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 the 100.02 Acre Motorola Corporation
tract, 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
Eighty Dollars ($180.00) per acre served by such connection.
SECTION 4.
Prior to the construction of the project, an amount of
money equivalent to the acreage of the Motorola tract multi-
plied by the connection charge per acre set forth hereinabove
under Section 3 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 in the area described herein-
above to the sanitary sewer main provided for herein, or shall
be due and payable upon execution of a community facilities
agreement providing for connection to the sanitary sewer to be
constructed in connection herewith, whichever is the first
event.
SECTION 6.
The applicable provisions of this ordinance shall be
incorporated into the community facilities agreement, which
shall provide for the installation of community facilities
under consideration in this ordinance, and into subsequent
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contracts for installation of other community facilities in
these service areas.
SECTION 7.
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 8.
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-
56, /( ; -S. G. Johndroe, Jr. , City Attorney
City of Dort Worth, Texas
u Mayor and Council Communication
BAWFB
DATE REFERENCE SUBJECT: Award of Contract - Construction PAGE
GRAHAM NUMBER of Sanitary Sewer to Serve Motorola Plant 3
7/2/76 C-3442 Site 1976 CIP - Unspecified Major Mains for
S"'TM Page L-18
annu+�aN
Council. Action is requested on the project described below:
Project Description:
Construction of approximately 8,720 feet of 18-inch and 1,625 feet
of 21-inch sanitary sewers, with related appurtenances and service
line, to serve the Motorola Plant Site, in accordance with the
terms of the Community Facilities Agreement approved by the City
Council on March 24, 1975 (M&C C-3048) .
Submission of Bids
Date Bids Received: June 8, 1976
Bidder Amount of Bid Time for Completion
Steed, Incorporated $271,356.25 110 Working Days
L. D. Conatser Contractors 297,56Z.85 110 Working Days
Texsun Construction, Inc. 321,295.90 110 Working Days
Sheesley Plumbing & Heating
and Winters Construction
Company, Joint Venturers 335,805.50 110 Working Days
Lewis & Lewis, Inc. 342,906.95 110 Working Days
Austin Road Company 385,847.83 110 Working Days
Project Financing
Under the terms of the Community Facilities Agreement approved March 24,
1975 (M&C C--3048) all the property owners in the natural drainage area
of the sanitary sewer to be extended to serve the Motorola Plant site
were to execute agreements with the City obligating the property owners,
or their successors, to pay a pro rata share of the sewer extension
cost, on a per-acre-served basis, at the time connections were made to
the sewer to serve their property. The City could, at its option,
construct a sewer larger than the one required to serve only the natural
drainage area, provided the City paid--the incremental cost of the larger
sewer. The City has exercised this larger size option, and the cost of
the sewer sized for the natural drainage area only has been determined
to be 72.5% of the cost of the sewer as proposed for construction. The
natural drainage area contains 874.43 acres of property which will
ultimately be served by the sewer to be constructed to serve Motorola,
and the City is providing capacity for an additional. 1000 acres by
construction of the larger sewer as proposed. This extra capacity is to
be used to provide interim sewer main capacity for initial development
in the Big Fossil Drainage area north of the Motorola Plant site, such
as the Summerfields Development.
DATE REFERENCE SUBJECT: Award of Contract - Construction PAGE
NUMBER f Sanitary Sewer to Serve Motorola Plant 2 et 3
7/2/76 C-3442 Site 1
Page L-18
Either prepayments of pro rata shares have been made or contracts have
been executed by the following property owners in the Natural Drainage
area:
Property Pro Rata
Property Owner Acreage Cost Share
William C. Jennings, et.al 50.98 $ 9,176.40
American Manufacturing Company 134.59 24,226.20
Sears, Roebuck & Company 196.96 35,452.80
Hunt Investment Corporation 379.68 68,342.40
General Industrial Corporation 8.45 1,521.00
Motorola, Inc. 100.02 18,003.60*
W. M. Lourcey, Jr. 3.75 675.00*
Totals 874.43 $ 157,397.40
*These pro rata shares have been prepaid in lieu of execution of a contract.
The pro rata share per acre for each property owner was calculated as
80% of the adjusted contract price of the sewer sized to serve the
Natural Drainage area, divided by the 874.43 acres in the Natural
Drainage area, Each property owner's total pro rata is the number of
acres owned times the pro rata per acre. The contracts provide for
payment of interest at the rate of 6% per annum on the unpaid balance of
the pro rata share for each property owner, from the date of the construction
contract award on the sewer extension until the date of payment of the
pro rata share. The contracts further require payment of all pro rata
shares no later than January 2, 1995, whether or not the properties are
developed and connected to the sewer, and provide for a lien against the
property to insure payments as required.
An ordinance has been prepared establishing the per connection charge of
$180 per acre for property served by connection to the sanitary sewer to
be extended to serve the Motorola site with this pro rats charge per
acre computed as explained above.
The City will pay the total contract cost of the sewer extension, less
the prepaid pro rata shares of $18,678.60, or a net cost of $252,677.65.
Funds for this cost will be provided by appropriate bond fund transfers.
Recommendations:
It is recommended that:
1) The City Manager be authorized to execute the contracts with
the property owners in the Natural Drainage area providing for
payment of their pro rata share of -the cost of constructing
the sanitary sewer extension to the Motorola site; and
DATE REFERENCE SUBJECT: Awar-d-of Contract -• Construction PAGE
NUMBER of Sanitary Sewer- to Serve,Metorola Plant 3 3
7/2/76 C-3442 Site 1976 CI-?- - Unspeeified Major Mains Of
Page L-1
2) The ordinance establishing pro rata charges for connections to
the Motorola site sewer be adopted as prepared-by the City
staff; and
3) A contract-be awarded....te Steed, Incorporated, for construction
of the sanitary sewer extension to the Motorola Plant site on
the low bid of- $271,356.25; and
4) A bond fund- transfer be approved-iz: the amount of $270,000
from Account No. •106-14000-901y "Unspeeified Miseellaneous
MaJor Mains" to Account No. 106W13000r-678•, "Motorola Site
Sanitary Sewer".
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SUBMITTED BY: DISPOSITIO"Y COUNCIL: PROCESSED BY
Er APPROVED ❑ OTNER (DESCRIBE)
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CITY SECRETARY
1< DATE
CITY MANAGER