HomeMy WebLinkAboutOrdinance 7010 J11,2(3104 PnES56 'UN-17141 5 2 3 3 6 £ r-- DI
ORDINANCE NO.
�AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A
SANITARY SEWER PROJECT TO SERVE PORTIONS OF CAROL OAKS NORTH ADDITION AND
ADJACENT 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 1
That the City Council of the City of Fort Worth, in the exercise of its
sound discretion, derams it necessary and find that public necessity requires
that a project consisting of a 10-inch sanitary sewer main be constructed, from
a point on the existing sanitary sewer main, along Cottonwood Creek, south of the
Fort Worth-Dallas Turnpike, extending northwesterly to the northeast corner of
Block 2-R, Carol Oaks North Addition; 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 Blocks 2-11
and 3 of Carol Oaks North Addition, and the property included in and bounded by
said Blocks 2-11 and 3 and the following described line: Beginning at the north-
west corner of said Block 2-R, proceed in a northerly direction along the east
line of Sandy Lane for a distance of approximately 3700 feet; thence N. 45° E.
1500 feet; thence S. 45' E. 1800 feet; thence in a southerly direction 3000 feet
to the south line of the Fort Worth-Dallas Turnpike; thence in an easterly direc-
tion, along the said south line, a distance of 2000 feet; thence S. 45° E. 2000 feet,
and thence in a westerly direction for 5500 feet to the southwest corner of said
Block 3; did not have adequate sanitary sewer service and that the construction of
the said ten-inch sanitary sewer main project was necessary to provide adequate
sanitary sewer service to said property and said blocks.
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 northeast
corner of Block 2-R, Carol Oaks North Addition, will be required to pay a connecttion
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 fifty-seven
and no/100 dollars ($157.00) per acre of property served by such connection.
V� 2604 PnEW
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
connections 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 hein 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
vol2004 PArr 858
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:
S. G. Johndroe, Jr., City Attorney
Adopted May 20,197#
. va,2604 PAGE859
THE STATE OF TEXAS
COUNTY OF .TARRANT J(
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. 7010
duly presented and adopted by the City Council of the City of Fort Worth,
Texas, at a regular session held on the 20th
day of May , A. D. 19 74 , as same appears of record
in City Council Minute Book G-2, Page 111
WITNESS MY HAND and the Official Seal of the City of
Fort Worth, Texas, this the 30th day of May , A. D.
19 74 .
" 4yStary of the
rt Worth, Texas
+ ti
UNE , City of Fort Worth, 'rexas
BAILIFF
GRAHAM Mayor and Council Communication
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DATE REFERENCE sUBJECT: Contract for the Installation of PAGE
SANTERRE NUMBER Community Facilities, Blocks 2R and 3, 2
5/20/74 C-2811 Carol Oaks North Addition Iof
KIMBRO
Carol Oaks Venture, acting by and through Robert S. Folsom, the developer of
Blocks 2R and 3, Carol Oaks North Addition, has executed a proposed contract
for the installation of community facilities to serve the area shown on the
attached maps.
The estimated cost of the community facilities is as follows:
Developer City Total
Street Improvements
Construction $ 58,850* $ 4,250 $ 63,100
Engineering and Administration -0- 3,100 3,100
Storm Drains
Construction 67,400 4,050 71,450
Engineering and Administration -0- 5,750 5,750
Street Lights 1,200 -0- 1,200
Sanitary Sewers 73,600 18,400 92,000
Water 13,900 2,600 16,500
Total $214,950 $38,150 $253,100
* Includes $16,100 to be assessed to other property owners.
Street paving with curb and gutter, storm drainage, street lighting, water
facilities and sanitary sewers will be installed in accordance with standard
policies for the installation of community facilities.
Tho contract includes City participation in the cost of streets, storm drain-
age and water and sewer facilities. In order to provide for the City's share
of the cost of the street improvements, a bond fund transfer is proposed from
the appropriate unspecified account to the project account.
Assessment Paving
This community facilities contract proposes the assessment paving of Ederville
Road from Sandy Lane east to the east property line of Block 2-R, Carol Oaks
North Addition. This street will be adjacent to two other property owners, one
of which has requested from the City for a community facilities contract cover-
ing his property south of Ederville Road. The other property was sold by the
developer of Carol Oaks North with the understanding that the developer would
pay for the assessment paving.
DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community Facilities, Blocks 2R and 3,
5/20/74 C-2811 Carol Oaks North Addition 2 of 2
Sanitary Sewer Per Connection Charge Ordinance
The developer has requested that the City Council enact a standard per connection
charge of $157 for each acre served by the extended sanitary sewer main. After
payment, these connection charges will be reimbursed to the developer over a
period of up to ten (10) years.
Recommendations
It is recommended:
1) That the following bond fund transfer be approved:
From To Amount Purpose
Unspecified Streets Streets and Storm Drains $17,600 City's share of storm
in New Additions in Carol Oaks North drains and street con
104-36000-901 Addition struction, engineering
104-24000-252 and administration
Water Unspecified Water in Carol Oaks 3,000 City's share of water
109-15000-901 North Addition improvements for
109-15000-519 Carol Oaks North
Addition
Sewer Unspecified Sewers in Carol Oaks 21,000 City's share of sewer
106-13000-901 North Addition improvements for
106-13000-640 Carol Oaks North
Addition
2) That the City Manager be authorized to reimburse the Developer for
the City's share of the cost of streets, storm drains and water
and sewer facilities upon their satisfactory completion;
3) That the City Council adopt an ordinance providing for reimburse-
ment to the developer of the connection charges to the off-site
sanitary sewer approach main for a period of ten years; and
4) That the City Manager be authorized to execute the Community
Facilities Contract with Robert S. Folsom.
RNL:ms
Attachments
SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY
APPROVED ❑ OTHER gESCRIBE)
1 CITY SECRETARY
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DATE
CITY MANAGER
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