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HomeMy WebLinkAboutOrdinance 6810 - ' AFR-11-73 4 0 5 z 9 A OI 3.50 Nil 8 ORDINANCE NO. 6 /O 7 AN ORDINANCE REPEALING ORDINANCE NO, 5006 WHICH IS AN ORDINANCE PROVIDING FOR THE COLLECTION OF PER-CONNECTION CHARGES FROM THE OWNERS OF PROPERTY SERVED BY THE SANI- TARY SEWER LINE WHICH HAS BEEN CONSTRUCTED FROM A POINT IN THE INTERSECTION OF MAR- BURY DRIVE AND WAYLAND DRIVE EAST AND SOUTH TO A JUNCTURE WITH SANITARY SEWER MAIN M-270; PROVIDING AN EFFECTIVE DATE; AND PRO- VIDING THAT THIS ORDINANCE BE FILED OF REC- ORD IN THE OFFICE OF THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, WHEREAS, Ordinance No, 5006 adopted August 15, 1963, and filed August 30, 1963, in Volume 3844, Page 220, of the Deed Records of Tarrant County, Texas, provides for the collection of per-connection charges from the owners of pro- perty to be served by a sanitary sewer main to be constructed from a point in the intersection of Marbury Drive and Way- land Drive to a juncture with Sanitary Sewer Main M-270 in order to pay a part of the costs of construction of such sani- tary main; and WHEREAS, such sanitary sewer main was constructed in accordance with the provisions of a Community Facilities Con- tract between the,City of Fort Worth and the Westcliff Company, Inc, , said Contract being designated No. 4851 in the office of the City Secretary of the City of Fort Worth, Texas; and WHEREAS, said City Secretary Contract No, 4851 pro- vides that the per-connection charges so collected by the City of Fort Worth be paid over to Westcliff Company, Inc. ; and YOL?4 a 178 WHEREAS, said Westcliff Company, Inc. , is now the owner of all remaining property in the drainage area served by the said sanitary sewer main, constructed as aforesaid, and no reasons exist for the further collection of such per-connection charges from Westcliff Company, Inc, , since such charges so collected would be returned to Westcliff Company, Inc., and accordingly said Ordinance No. 5006 should be repealed; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. Ordinance No. 5006 heretofore adopted by the City Council on August 15, 1963, and filed August 30, 1963, in Volume 3844, Page 220, of the Deed Records of Tarrant County, Texas, is hereby repealed. SECTION 2. 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. ADOPTED MARCH 26, 1973 APPROVED AS TO FORM AND LEGALITY: 00 / 0 1!/ ` � City' Attorney -2- THE STATE OF TEXAS X 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. 6810 duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the 26th day of March 9 A. D. 19 7_ , as same appears of record in City Council Minute Book E-2, Page' 290 WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 3rd day of April A. D. 19 73 - '��— Ci y S retary of the City oE Fort Worth, Texas voL2495 P 179 UNE City of Fort Worth, Texas GUN" Mayor and Council Communication HANCOCK DATE REFERENCE SUBJECT: Repeal of Ordinance #5006 Per- PAGE ROBINSON NUMBER 3/26/73 Connection Charges for Sanitary Sewers lot 1 &4 C=2472Community Facilities Bement #4851 J • On August 15, 1963 (M & C C-128), Ordinance #5006, was adopted providing for collection of per-connection charges for connection to a sanitary sewer approach facility to be constructed to serve Blocks 90-91-92-99 and 100, South Hills Addition, and approved execution of Community Facilities agreement 4851, under which that sanitary sewer was constructed. Ordinance #5006, in conjunction with Community Facilities Agreement #4851, pro- vided that per-connection charges in the amount of $26.53 per residential con- nection were to be collected for all connections made directly or indirectly to the approach sewer to this portion of South Hills Addition until the total amount of $9,656.92 had been collected and returned to the Westcliff Company, or until expiration of 20 years from August 15, 1963, whichever should first occur. The only remaining undeveloped property which may be served by the approach sanitary sewer relating to Ordinance _#5006 is owned by the Westcliff Company. By letter dated March 9, 1973, the Westcliff Company, Incorporated, requested that Ordinance #5006 be repealed and that no further per-connection charges be collected for connection to the South Hills approach sanitary sewer related to that Ordinance, since any additional per-connection charges would be re- quired to be paid by the Westcliff Company and then in turn refunded by the City to the Westcliff Company, Recommendation It is recommended that Ordinance #5006 be repealed as requested by the Westcliff Company and that no further refunds be made to the Westcliff Company under Developer Contract#4851 for connections to sanitary sewer facilities provided thereunder. RNL:hlc SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY APPROVED ❑ OTHER (DESCRIBE) (�j�(� �d Pd, �I✓ CITY SECRETARY Ga DATE CITY MANAGER