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Home My WebLink AboutOrdinance 4917 pORMLL ITY trRrPC.D 4. j.. FT. WaRTH, TEX. ORDINANCE NO. _�� ►J / AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR A SANITARY SEWER MAIN PROJECT FROM A POINT AT THE INTERSECTION OF BRENTWOOD-STAIR ROAD AND EAST LOOP, THENCE, SOUTHWESTERLY TO ITS CONNECTION WITH MAIN 238, REQUIRING THE DEPOSIT OF A CERTAIN PORTION OF THE ESTI- MATED COST PRIOR TO CONSTRUCTION; PROVIDING THAT CERTAIN CONNECTING CHARGES SHALL BE DUE PRIOR TO APPLICATION BEING MADE FOR A PLUMBING PERMIT; PROVIDING FOR REFUNDS OF CERTAIN CONNECTION CHARGES; INCORPORATING THE APPLI- CABLE PROVISIONS OF THIS ORDINANCE IN THE DEVELOPER'S CONTRACT PROVIDING FOR CONSTRUCTION OF THIS PROJECT; PROVIDING A SAVINGS CLAUSE; AND NAMING 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,I in the exercise of its sound discretion, deems it necessary and finds thadpublic necessity requires that a project consisting of a sanitary sewer main be constructed from a point at the intersection of Brentwood-Stair Road and East Loop, thence, southwesterly to its connection with Main 238, such project being designated on the map attached and hereby made a part of this ordinance, for the purpose of providing sanitary sewer service to Lots 1, 2 and 3, Seddon Addition, and suct-other property situated adjacent to or downstream from the tract, which, when connections are made, will deposit sewage into the sanitary sewer main shown on the map attached, all of which real property is located in the City of Fort Worth, Tarrant County, Texas; 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. In accordance with the provisions of Section 29: Article 1175, of the Revised Civil Statutes of the State of Texas, it is hereby determined that the owners of property to be served by the subject sanitary sewer facility shall be required to pay a connection charge. The connection change includes a pro-rata share of the cost of constructing said sewer main, and is hereby determined to be Six Hundred Ten and 66/100 Dollars ($610.66). �T8TEX. CITY SECTION 3- Prior to the construction of the project, an amount of money equivalent to seventy-five per cent (75) of the total estimated cost of the project shall be deposited with the City. Such deposit shall be applied to the cost of the construction of the project herein provided for. SECTION 4. Applicable connection charges not deposited prior to the commencement of construction of the project, as set forth in Section 3, shall be due and payable to the City of Fort Worth at such time as a contract with the City for extension of community facilities into the area is entered into, or at the time an application is made for a plumbing permit to allow connection of the building sites on the property hereinabove described to the sanitary sewer system provided for herein, whichever shall occur first. SECTION 5• In the event any of such property owners whose real property will be served by the subject sewer main initially deposits with the City of Fort Worth an amount in excess of the total connection charges for all present or potential 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 benefiting building site owners served directly or indirectly 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 refund shall be made on this project after twenty years from the date of passage of this ordinance. SECTION 6. The Epplicable 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 subse- quent contracts for installation of other community facilities in this drainage area. • M SECTION 7• This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth providing for the construc- tion, installation, and connection charges of sanitary sewer service mains and service lines to building sites, and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provi- sions of this ordinance, in which instance or instances such conflicting in said other ordinance or ordinances shall be and are hereby repealed. 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 unconstitutional. SECTION 9• This ordinance shall tape 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 LECAIITY: S. G. Johndroe, Jr., City Attorney Yee gift khr. pooku `. City of Fort Worth Texas oFFFIC-�-R Tti;t Mayor and Council Communi aD TARY DATE REFERENCE SUBJECT: PAGE NUMBER Proposed Developer's Contract, 6/17/63 C-102 SApddon .Addition 1 of 2 Mr, Joe B. 0w1!vn.. an individual, developer of Seddon Addition, has executed a proposed developer's contract for sanitary sewers, street lights, street improvements and storm drains to serve Trots 1, 2 and 3 of the addition. The estimated cost of the public facilities are as follows TOTAL DEVEMPER C Street Improvements Construction. 500 M 500.00 -0m Engineering 50,00 mom 50-00 Storm Drains 400,0o 400.00 m0- Street Lights 2,145.00 2,145,00 -0- Sanitary Severe ll,120,81 88360e6o 2,760,21 $14,2.3.4 $n..405,6o $2,810,21 The street improvements required of the developer consist of constructing and gutter along one side of one street, all other street improvements are being constructed by the Texas Turnpike Authority and the Texas Highway Aepart— meat in connection with construction of the Fast hoop and the Twmpihe Inter- change. The City's epZineering costs for street iVrovemonte will be paid from Project Noo 97-Hm501, Miscellaneous Street Engineering in new additions. The sanitary sever to be constructed is consid d an approach main and has a potential for seven connections in additioil to -use for this development, Based on the estimated cost of the Mary sewer main, the charge will 10,66, per connaetion, which the City will collect and pay to the developer, in accordance with the policy for installation of sanitary sever mains, Financing for the City's share of the sever cost will be arrangid when .^the construction contract is awarded, Imomediately adjacent to lots 1, 2 and 3, Seddon Addition, is Tract "e, Seddon Additions., a large tract which the developer has not let made definite glans for doping. In the proposed contract, the developer agrees to enter into a developer's contract for the necessary facilities for tract "A" before requesting a building permit or connection to the sever on tract "A", h j DATE REFERENCE SUBJECT: PAGE NUMBER Proposed Developer's Contract..EA 1 6 C�102 SeddonAddition —-�`— of .�` OFFICIAL RILcoR CITY SECRETAR fhe following recowwndations we made: ET. WORTH, TEX,] 1) That the City Manager be authorized to execute the proposed contract ob behalf d the City. 2) That an ordinance be adopted establishing the charge of $610*66 per connection to the sanitary sewer approach main. JLBa nr SUBMITTED BY: DISPOSITIO.Ft,BY COUNCIL: e ESSUB f) PPROV D El BY (DESCRIBE) SECRETARY G DATE CITY MANAGER z -// 4