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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 r r-slr.•« 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 Qs_ DATE CITY MANAGER Y z Y 0 — U O Q u0 {. �Id'ai NCO M c F a 3 LL Ci S m z N Q 0 •i o H J_ F ¢O u D O _ Y O u .� O e m m z Fie z _ N Q J Q W 3 Y O O J c Cr Y W•W o 0 0 Y a J a z ~ 2 QO m Q 0 F JO m�-A N J u ? W ; /\ U Q eI��E m O u Otl NOSItllIOIY U ¢ W g Co O u `' m w a W 'MH31 Noidno Z Q 0 y W z C Q Q J w a. • d , �. - � a � � 0. � � O 1W. tic W HOOH3 Z z Z 3 _ f- d 2 Q W40 H 0 ap n Z O H N p Y `t cZ mom H a W w N a �— W N to tR } W a a 4C39 ' i d y d Y O a N J o N O W _ a �Z - V O 0 = W 1 VI L O O o F� � aNd� 'i w O m O «. AONb'S 0 W R U Q W R U