HomeMy WebLinkAboutOrdinance 5560 ORDINANCE NO. (p Q
AN ORDINANCE DETERMINING THE NECESSITY OF AND
PROVIDING FOR A SANITARY SEWER APPROACH MAIN
PROJECT, AN EXTENSION OF SANITARY SEWER NORTH
IN WALDORF STREET, FROM APPROXIMATELY THE SOUTH
PROPERTY LINE OF LOT FIVE (5) TO APPROXIMATELY
THE SOUTH PROPERTY LINE OF LOT SEVEN (7) OF BLOCK
THREE (3), ASTORIA ADDITION; REQUIRING THE DEPOSIT
OF A CERTAIN PORTION 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 CONNECT►ON CHARGES; INCORPORATING THE
APPLICABLE PROVISIONS OF THIS ORDINANCE IN THE
DEVELOPER'S CONTRACT; PROVIDING A SAVING CLAUSE;
AND HAVING 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 the public necessity
requires that a project consisting of a sanitary sewer approach main be
constructed north in Waldorf Street from a point five (5) feet north of
of the south property line of lot five (5) to a point five (5) feet north
of the south property line of lot seven (7), block three (3) of Astoria
Addition, said project being designated in blue on the map attached and
hereby made a part of this ordinance, for the purpose of providing sani-
tary sewer service to lots six (6) and seven (7), block three (3) and lots
six (6) and seven (7), block four (4), all of Astoria Addition, which,
when connections are made, will deposit sewage into the sanitary sewer main
shown in blue on the map (the approximate limits of such area being out-
lined in dashed line on the map attached), 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
In accordance with the provisions of Section 29, Article 1175, of the
Revised Civil Statutes of the State of Texas, it is hereby determined 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-
rate share of the cost of construction of an extension of said sanitary sewer
approach main and is hereby determined to be forty-seven and eighty-two
One-hundredths Dollars ($47.82) for each single family residence, living
unit, and/or commercial connection.
SECTION 3
Prior to the construction of the project, an amount of money equivalent
to seventy-five (75) percent of the total estimated cost of the project will
be deposited with the City. Such deposit shall be applied to the cost of the
construction of the project herein provided for.
SECTION 4
Applicable connection charges not depsoited prior to the commencement
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 contract with the City
for extension of community facilities into the area is entered into or at
the time an application is made for a plumbing permit to allow connection
of the building site, on the property hereinabove described, to the sanitary
sewer system provided for herein, whichever shall occur first.
SECTION 5
In the event any such property owner, whose real property will be served
by the subject sewer mains, initially deposits with the City of Fort Worth
an amount in excess of the total connection charges for all present or
potential 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 connec-
tion charges allocable to all of his building sites. All such refunds shall be
paid solely from future connections charge payments deposited by other benefiting
building site owners served directly or indirectly by the sanitary sewer mains
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 construc-
tion of the project. No refund shall be made on this project after ten years
from the date of passage of this ordinance.
SECTION 6
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 7
This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Fort Worth providing for the construction,
installation, and connection charges of sanitary sewer service mains and service
lines to building sites, and shall not operate to repeal or effect any such
ordinance or ordinances except insofar as the provisions of such ordinance
or ord.inances 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, 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 unconstitu-
tional.
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
.� 11 �'�' -'�•� �, • YJVii1�
+ � r . 17 •1 � 1MI
• r s •
r a y B r V • i�
. s • •J Q
• r • • • 111 "1 • •
•� r ' I Q
q •
Q-,fd
q y
• r 7rrY r ^ v
Q
R
•
r II OYV 1 '
< s..IV -
A w_
M •
• • - � •• ar/ 7 � t1 • - r � r r n � M .
1 • ' Op6,P it
�� i • - M • - • w F • _
1 1
h ' 1 .r �.f .. • r,
do
go
L NY�IwLL •
111a'LC 7/9� O►1DI' ~
�� off t Q f� 6i
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Proposed Communities Facilities PAGE
NUMBER Contract for a Portion of the Astoria
4/25/66 C-7al Addition i or 1
Reverend W. S. Bscnt, owner and developer of Lot 7, Block 3, Astoria Addition,
has pxesuted a proposed rammunit4e-s- -facilities contract for the installation
of a sanitary sewer facility to serve improvements at the location. The es-
timated cost of the facility is as follows :
Developer City Total
Sanitary Sewer $266.25 $68.75 $335.00
Water facilities are available. The street frontage is unpaved, but the
property will be subject to assessment in the future in accordance with
standard policies. Because the development is a single lot at mid-block,
no street lighting facilities are required. No storm drainage facilities
are needed.
City Council action on the proposed contract is necessary because the sewer
extension will also provide service to three other property owners. Reverend
Brent has requested that an ordinance be adopted providing for refunds in the
event that other property owners wish to connect with the line being built to
serve the development. An ordinance has been prepared in accordance with stan-
dard policies and provides for a per connection refund of $47.82 for future
connections.
It is recommended:
1) That the City Manager be authorized to execute the community
facilities contract on behalf of the City, and,
2) That an ordinance be adopted authorizing reimbursement of
sanitary sewer connection charges for each future connection.
JLB 1p
SUBMITTED BY: DISPO ITI N BY COUNCIL: PROC SED BY
APPROVED OTHER (DESCRIBE)
CL -6 "IC ETARY
DATE
CITY MANAGER