HomeMy WebLinkAboutOrdinance 7004 r ''1F"C'�
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* ' ORDINANCE NO.
AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A
SANITARY SEWER PROJECT TO SERVE THE A.T. & S.F. RAILWAY COMPANY SAGINAW YARD AND
CERTAIN ADJACENT OTHER PROPERTY; 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; 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 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 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 an eight-inch sanitary sewer main be constructed from
a point on the existing sanitary sewer main, on the west side of U. S. Highway 81
at the northeasterly corner of Meacham Field, extending in a northwesterly direction
along said Highway 81 to a point near Interstate Highway 820; and that public neces-
sity 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
A.T. & S.F. Railway Company Saginaw Yard, and certain other adjacent unsubdivided
properties lying south and west of said Saginaw Yard; all as more fully described
by the following metes and bounds description: Beginning at the southwest corner
of the A.T. & S.F. Railway Company Saginaw Yards property, which is a point in the
east right-of-way of U. S. Highway 287-81 , proceed in a northerly direction, along
the said easterly right-of-way line of Highway 287-81, to the intersection of the
intersection of the southerly right-of-way line of I-820 and the west property line
of the said A.T. & S.F. Railway Company Saginaw Yards property, then proceed in a
northerly direction, along the said west property line, to the south right-of-way
line of the Saginaw-Watauga Road, thence east along said south right-of-way line
to the west line of the A.T. & S.F. Railway Company track right-of-way, thence in
a southerly direction, along the said west line, to a juncture between said west
line and the east right-of-way line of said Highway 287-81 , thence in a westerly
direction a distance of 1300 feet, thence in a northerly direction to the point
of beginning; did not have adequate sanitary sewer service and that the construction
of the said eight-inch sanitary sewer main project was necessary to provide
adequate sanitary sewer service to said properties and said Saginaw Yard.
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
all or part of the A. T. & S. F. Railway Company Saginaw Yard, will be required to pay
a connection charge, which includes a pro-rata share of the cost of constructing
said sanitary sewer main; and that such connection charge shall be equal to
Eight Hundred Fifty and no1100 Dollars ($850.00) per acre of property served by
such connection.
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 construc-
tion 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.
4Jt.�+t1 9 PAIF8
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:
5' e, r04*44�
S. G. Johndroe, Jr., City Attorney
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LOCATION MAP
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SANTA FE RA*ILWAY P R 0 P E R TY
AT STATE HIGHWAY 81 AND I H 820
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THE STATE':'OF .TEXAS
COUNTY OF TARRANT �
I, JACK W. GREEN, Assistant City Secretary of the City of
Fort Worth, Texas, do hereby certify that the above and foregoing
is a Lem and correct copy of Ordinance No. 7004
duly presented end adopted by the City Council of the City of
Fort Worth, Texas, at a regular session held on the 13th
day of May , .Ao De 19 74 , as same appears of record
in Council Minute Book G-2, Pages 87 and 88
WITNESS MY HAND and the Official Seal of the City of
Fort Worth, Texas, this the 22nd day of May A, De
1974
As i ant City Se:r seta y of t1le
s t of Fort Worth, .Texas
• TT `
'�"� City of Fort Worth, Texas
BAILIFF
GRAHAM Mayor and Council Communication
ROBINSON
DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community Facilities-Santa Fe Industrial 2
5/13/74 C-2800 Tract i °r
The Atchison, Topeka & Santa Fe Railroad Company, developer of a portion
of the Santa Fe Industrial tract at State Highway 81 and Interstate High-
way 820, has executed a proposed contract for the installation of community
facilities to serve the area shown on the attached maps. The preliminary
cost estimate of the community facilities is as follows:
Developez q� Total
Sanitary Sewers $57,870 $14,290 $72,160
All community facilities are in place with the exception of the sanitary
sewers. The sanitary sewers will be installed in accordance with standard
policies for the installation of community facilities.
Sanitary Sewer Per Connection Charge Ordinance
The developer has requested that the City Council enact a standard per
connection charge ordinance requiring payment of a connection charge of
$850 for each acre served by the extended sanitary sewer main indicated
on the attached map. After payment, these connection charges will be
reimbursed to the developer over a period of up to ten (10) years.
The appropriate bond fund transfer in the amount of $16,000 was approved
by the City Council on April 22, 1974, (M&C C-2789) . That action involved
an award of contract for construction of sanitary sewer L-2347 extension,
106-13000-620, and approved an award of contract to the Steed Construction
Company in an amount of $72,160 The award of contract took place through
an interim community facilities agreement.
Recommendations
It is recommended:
1) That the City Council adopt an ordinance providing for
reimbursement to the developer of the connection charges
to the off-site sanitary sewer apprcach main for a period
of ten years; and
2) That the City Manager be authorized to reimburse the developer
for the City's cost of sanitary sewers upon the satisfactory
completion; and
DATE REFERENCE rsuEContract for the Installation of PAGE
5/13/74 NUMBER ity Facilities-Santa Fe Industria]�C-2800 I 2 °f 2
3) That the City Manager be authorized to execute the community
facilities contract with E. C. Honath, Assistant General
Manager-Engineering, for the Atchison, Topeka &. Santa Fe Railroad
Company.
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Attachments
SUBMITTED BY: DISPOSITIO"Y COUNCIL: PROCESSED BY
p/ApPROVED f,�7 OTHER (DESCRIBE)
t
Q, CI SECRETARY
DATE
CITY MANAGER I 7