HomeMy WebLinkAboutOrdinance 6616 ORD I NANCE NO.
AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A
SANITARY SEWER PROJECT TO SERVE PORTIONS OF CARVER HEIGHTS ADDITION AND HANDLEY
HEIGHTS SOUTH ADDITION; 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 PROV I D:TNG-f6R--C- Sf TRUCT I ON 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 THV'fCITY 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, in Vel Drive at Carruthers
Drive, extending in a westerly direction in Vel Drive to 1-820, thence in a
southerly direction in 1-820 to Ramey Avenue; 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 Lots
A through W, Block 14, Carver Heights Addition; Lot 1-R-1, Block 21, Carver
Heights Addition; and Lot 1, Block 1, Handley Heights South Addition, 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 lots.
SECTION 3
That in accordance with the provisions of Section 29, Article M5, 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 north line of Lot 1-R-1, Block 21, Carver Heights Addition, will be
required to pay a connection charge which includes a pro-rata share of the cost
of constructing said sanitary sewer main; that such connection charge shall be
equal to three hundred and no/100 Dollars ($300.00 per lot served by such
connection.
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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 b
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.
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:
e 0 /
S. G. Johndroe, Jr., City Attorney
City of Fort Worth, Texas
LINB
MATSON Mayor and Council Communication
goes.
G *4.* DATE REFERENCE SUBJECT: Contract for the Installation PAQE
NUMBER of Community Facilities, Lot 1, Handley 1
1/24/72 C-2152 lot
ROBINSON Heights South Addition
SUCKIVIAN Madison Industrial Corporation acting by'-and-through Tom Purvis, its duly
authorized-President; the developer of Lot- 1=R-i,- Carver-Heights and a
portion of- Lot 1, Handley Heights South 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 Lights $ 412.50 $ 75.00 $ 487.50
Sanitary Sewers 7,216.00 1,804.00 9,020.00
Water 3,300.00 -0- 3,300.00
Total $10,928.50 $1,879.00 $12,807.50
Street lightiug-, water facilities and sanitary-sewers will'be installed in
accordance with standard policies for the installation- of community facilities.
Street paving with curb and gutter and- storm--drainage facilities are existing
by Lot 1-R-1,- Carver Heights Addition-and-by, that-portion of Lot 1, Handley
Heights .South Addition now being developed. The contract includes City
participation in the cost of street lights -and water and sewer facilities.
$_anitary-Sewer Per Connection Charge Ordinance- - -
The- developer has requested that the City- Council- enact a standard sanitary
sewer-per- connection charge ordinance requiring-payment of a connection
charge of $300 per lot served by each- connection. The- lots served include
Lots- A-through W, Block 14, Carver Heights-Addition, all of which face on
to the East Frontage Road of the Southeast Loop 820. These connection
charges-will ,be reimbursed to the developer for a period of ten years.
Recommendation
It'is' recommended:
1) That the City Council adopt an ordinance-providing for reimburse-
ment to the developer of the connection charges to the sanitary
sewer approach main for a period- of ten years; and
2) That the City Manager be authorized to execute the community
facilities contract with Madison Industrial Corporation.
PL:ms
Attachment
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
APPROVED ❑ OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER /
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LOCATION MAP
LOT 1-R-1, CARVER HEIGHTS ADDITION
AND
LOT 1, HANDLEY HEIGHTS SOUTH ADDITION