HomeMy WebLinkAboutOrdinance 6669 ORDINANCE NO. 5 E 5 9 0 A
/ AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A
SANITARY SEWER PROJECT TO SERVE PORTIONS OF BROADMOOR ADDITION; REQUIRING THE
DEPOSIT OF A CERTAIN AMOUNT OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PRO-
VIDING 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 APPLICABLE PROVISIONS OF THIS ORDINANCE IN THE DEVELOPER'S
CONTRACT PROVIDING FOR CONSTRUCTION OF THIS PROJECT; MAKING THIS ORDINANCE CUMU-
LATIVE 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 I
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 six-inch sanitary sewer main be constructed from
a point on the existing sanitary sewer main, in Cherry Lane at Elizabeth Lane,
extending in a westerly direction in Elizabeth Lane; 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 Lots
11, 12 and a single building site composed of Lots 5, 13, +4, Block 4, Broadmoor
Addition, did not have adequate sanitary sewer service and that the construction
of the said six-inch sanitary sewer main project was necessary to provide adequate
sanitary sewer service to said lots.
SECTION 3
That in accordance with the provisions of Section 29, Article 1175, of the
Revised Civil Statues 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 con-
nect into the said sanitary sewer main at a point downstream from the east line of
Lot-13, Block-4, Broadmoor Addition, w4 11 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 five hundred twenty-five
Dollars ($525.00) per such connection.
vDL2407 DACE��J�
VO1240 1 `"tE 892
SECTION 4
Prior to the construction of the project, an amount of money equivalent
to eighty (80%) per cent of the total 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.
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
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 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 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 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 un-
constitutional .
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:
!�Crj_rao"Wwd---�'
S. G. Johndroe, Jr., City Attorney
V011�
VOL 24 07 'ACE 894
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. 6669
duly presented and adopted by the City Council of the City of
Flirt Worth, Texas, at a regular session held on the 8th
day of May , A. D. 19 72 , as same appears of record
in City Council Minute Book Volume D-2, Page 75 ,
WITNESS MY HAND and the Official Seal of the City of
Fort Worth, Texas, this the 15th day of Lux , A. D.
19 72
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7, Fort
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Worth, Texas
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LOCATION MAP
LOTS 5, 13 & 14, BLK. 4
BROADMOOR ADDITION
City of Fort Worth, Texas
LINE Mayor and Council Communication
DOBBS
DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community Facilities, a Portion of 1
5/8/72 0-2227 Block 4 Broadmoor Addition IOf
Lewis R. Wilson the owner of Lots 5, 13 & 14, Block 4, Broadmoor Addition,
has executed a proposed contract for the installation of community facilities
to serve the area shown on the attached map.
The estimated cost of the community facilities is as follows:
Developer City Total
Sanitary Sewers $1,634 $396 $2,030
Sanitary sewers will be installed by City forces in accordance with standard
policies for the installation of community facilities; and, the two border
streets involved will be paved in a future assessment paving project.
SANITARY SEWER PER CONNECTION CHARGE ORDINANCE
The owner has requested that the City Council enact a Iftandard=firer connection
charge ordinance requiring payment of a connection charge-' of'-$525 for each
such connection between the existing sanitary sewer at" the"tntersection of
Elizabeth Lane and Cherry Lane and Lot 13, Block 4, Broadmoor Addition. These
connection charges will be reimbursed to the developer over a period of ten
years.
RECOMMENDATIONS
It is recommended:'
1) That the City Council adopt an ordinance providing for reimbursement
to Lewis R. Wilson of the connection charges to the off-site sanitary
sewer main fora period of ten years; and,
2) That the City Manager be authorized to execute the community facilities
contract with Lewis R. Wilson.
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Attachment
SUBMITTED BY: DISPOSITION Y COUNCIL: PROCESSED BY
AR-APPROVED ❑ OTHER (DESCRIBE)
Ilerf,'� D ��1�� D AITY ATARY
DATE
CITY MANAGER