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Home My WebLink AboutOrdinance 4619 ORDINANCE NO. n AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR A SANITARY SEWER MAIN PROJECT FROM A POINT AT THE INTER- SECTION OF MEADOWCREST DRIVE AND HANDISY-HITTSON ROAD, NORTHEASTERLY TO ITS CONNECTION WITH COTTONWOOD CREEK MAIN NO. 238; REQUIRING THE DEPOSIT OF A CERTAIN PORTION OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PROVIDING THAT CERTAIN CONNECTION CHARGES SHALL BE DUE PRIOR TO APPLICATION BEING MADE FOR A PLL]MBING PERMIT; PROVIDING FOR REFUNDS OF CERTAIN CONNECTION CHARGES; INOORPORATING THE APPLICABLE PROVISIONS OF THIS ORDINANCE IN THE DEVELOPER'S CONTRACT 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, in the exercise of its sound discretion, deems it necessary and finds the public necessity requires that a project consisting of an eight-inch sanitary sewer main be constructed from a point at the intersection of Meadowerest Drive and Handley-Hittson Road, Northeasterly to its connection with Cottonwood Creek Main No. 238, such project being designated in blue on the map attached and hereby made a part of this ordinance, for the purpose of providing sanitary sewer service to Block 1, Lots 1 through 20 and Block 2, Lots 1 through 16, of the Meadowbrook Acres Addition, and other such property situated adjacent to or downstream from the Meadowbrook Acres Addition which, when connections are made, will deposit sewage into the sanitary sewer main shown in blue on the map attached (the approximate limits of such area being outlined in dashed line 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 sanitary sewer facility shall be required to pay a connection charge. The connection charge includes a pro-rata share of the cost of constructing said sewer main, and is hereby determined to be Thirty-four and Eighty-six hundredths dollars ($34.86) for each single family residence and/or living unit. OFFICIAL RECORD CITY SHCRFTA,RY FT. WORM, TrX. SECTION 3. Prior to the construction of the project, an amount of money equiva- lent 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 applica- tion 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 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 installa- tion of other community facilities in this drainage area. n RFCOROCR TARYri, TEz. 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 construction, 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 provisions 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 ordi- nance 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 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 OFF ICI?:F RFC CITY CC-1 1 FT. E'�' `RT1, TEL i � Q { Iwo I Hot � � Q JAMOY L AAf,0F - - I i X/ST/NG .IA", OrEWERS /)ROAOSED SAM S£WERS ft pP.eOAC Y If,41N OF 1C18L CORD R FT. WORTH, TEX. CITY OF FORT WORTH, TEXAS pro ''HE SUBJECT ?UTTER OF THIS M.CC.1. Y O '' FORT T WOR E&T-1Vz. WAS PRESENTE?. _0 THE CITY COUI C 1962 TEXAS 1*0 AND WAS DVED L wre % p �O o�i�� u•-d• �� '/( A/.�-41,3 A? y ��i7 c4FL ' fl y'/ (_K,500— J PW-989 OFFICE OF CIT THE MANA R / Communication to Mayor and Council No. City Secretary April 30, 1962 Honorable Mayor and Re: Proposed Developerfs Agreement, Members of the City Council Meadowbrook Acres Addition, City of Fort Worth Blocks 1 and 2 Mrs. McKnight and Gentlemen: The developer of Blocks 1 and 2, Meadowbrook Acres Addition, his executed a proposed developer's agreement for sanitary sewers, street lights, and street improvements to serve the area. No storm drainage improvements are required. The estimated costs of these required facilities are as follows Total Developer City Street Improvements Construction $u,000.00 $13,000.00 -0- Engineering 700.00 -0- 700-00 Street Lights 1,118.70 1,118.70 -0- Sanitary Sewers 1 2 8* 11 8. 6 30,14 .48 25.877.04 4,269. *Includes 4-inch service lines. The Cityts cost for street engineering will be charged to Project No. 97 F0-501, Miscellaneous Street Engineering. Also required, but not in- cluded in these figures, is the assessment paving of the two border street to this addition, Sandy Lane and Handley-Hittson Road. Financing of the City's cost of these two streets will be recommended when the contract for their improvement is awarded. The sanitary sewerage facilities include an approach main which will pro- vide for a total of 242 connections downstream from the end of the main, of which 35 are included in this proposed agreement. An ordinance has been prepared establishing a charge of $34.86 for each connection, which will be paid to the City by the party desiring-the connection, and which will then be paid by the City to the developer, over a period not to ex- ceed 20 years. Financing from the Cityts share of the sanitary sewer coat. will be recommended when the construction contract is awarded. CFr SALCIT' # .f d.. FT. WORT., TFx. r M&C Pal-989 April 30, 1962 Page Two The following recommendations are made: 10 1) That the City Manager be authorized to execute the proposed agreement on behalf of the City. 2) That the ordinance be adopted establishing the connection charge of $34.86. Has ectfully submitted v of L. P. Cookingham City Manager LPC:mm