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Home My WebLink AboutOrdinance 4583 w t J ORDINANCE NO. 7Sd' AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR, A SANITARY SEWER PROJECT IN MARTHA STREET BETWEEN JUNIUS STREET AND 2DNTCLAIR DRIVE IN THE CITY OF FORT WORTH; PROVIDING FOR SANITARY SEWER SERVICE LINE CONNECTIONS; REQUIRING THE DEPOSIT OF A CERTAIN ANOUNT 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 APPLI- CABLE PROVISIONS OF THIS ORDINANCE IN THE DE:VELOPERtS CONTRACT PROVIDING FOR CONSTRUCTION OF THE PROJECT; MAKING THIS ORDINANCE CUMULATIVE OF EXISTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF F(RTWORTH, TEXASs 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 six-inch sanitary sewer main be con- structed in Martha Street between Junius Street and Montclair Drive for the purpose of constructing and maintaining an adequate system of sanitary sewer mains and appurtenant lines and providing sanitary sewer service to Lots 21C, 21D, and 21E, Block 2, Edgewood Heights Addition, 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 rats share construction cost charges be fixed and determined prior to the construction of such san- itary 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 Lots 21C, 21D, and 21E. Block 2, Fdgewood Heights Addition, 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 service lines and is hereby determined to be One Hundred Eight and 2g/100 Dollars ($108.28) for each such connection. SECTION 3. Prior to the construction of the project, an amount of money equiva- lent 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 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 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 de- posits 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 £rom 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 twenty years from the date of the passage of this ordinance. SECTION 6. The applicable provisions of this ordinance shall be incorporated in the developer's contract providing for the installation of the sewer fa- cilities under consideration in this ordinance. SECTION 7. This ordinance shall be ana is hereby declared to be cumulative of all other ordinances of the City of Fort Worth providing for the construc- tion, installation and connection charges of sanitary sewer mains and service y 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, subsection, sentence, 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 remainder of this ordinance not so declared to be invalid shall continue to be in fall force and effect. The City Council of the City of Fort TAb rth, Texas, hereby declares that it would have passed this ordinance and each sec- tion, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, 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: S. G. Johndroe, Jr., City Attorney TH2 STATE OF TEXAS COUNTY OF TARRANT 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 corny of Ordinance No. 4583 s duly presented and unanimously adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the 5th ay of March A. D., lq 6-, as same appears of record in „&hg Office, 2f &hS City_. Secretary S-KY HAND and the Official Seal of the City of Fort Worth, e4�[sisy sthe; Sth $y o March , A D , 1 62 w �C" 1 Ci Secretary of the City of FORT WORTH, TEXAS ,y J' SUBSCRIBED and sworn to before me this the 5th day of March, A. D., r LqNELL Ta FRIESEN� NodrY ►'u61i�. ant =% ► .� Notary Public in and for '' Texas f lo"\�� TARRANT COUNTY, TEXAS CITY OF FORT WFOR T TEXAS i r. TH =- � TO THE CIT_ O C lI■ C1lYlMtrfx 911 C4mvnvim�mt*n to 1[ayor and council No. [ 4 ! {' s,• . . ■# ' tip - .. # _ March 5, 196 �ionorsble Mayor and lee P=Posed Developer's AgreamrAll M@mhers of the City Council Lot 22 , Edgewood Heilhta tatty of Fart Worth Additi;,-. Mrs. McKnight and Gentlemen, The owner of Lot 2*C1 Edgewvod Heights, has signod a proposed developer"; agreement for extending sanitary aevrer Service to his lot. the eati-atau PP cost of the sanitary sewer extensicn is $39.3.75, of which tho own-oria share is $295.32# plus 10 per cent for engineering$ which has been- deposit- ad Jby 'ths omer.- No other community facilities are required. Since the proposed sanitary sewer will extend pest two lots not ovmed by this owner, he has requested that a connection charge be levied In the event the owners of the other two lots connect to the sewer. When collected, ;he connection Charges will be paid by the City to thin owner. The connection charge has been computed to be $108a281, and the adoption of an ardinance .is zequired to allow the City to levy the connection charge. The following raconm ndations are mades (1) That the City Manager be authorized to execute a proposed deveioper*s' t providing far the a a n I taly so"r inst alI do* and 4 F out conditions governiing trove fUtU.ilo reluF i, o;:y c�-Mne_ ,_y) ando (2) That an ordinance be adopted regviring payment of a SiO8.28 change for connection to the sanitary sewer described above. Respectfully aU �ttpd, P. Cookingham City Manager LpC,eln