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Ordinance 7224
s ` �•h0Y_�0-75 5 5 b 0 5 3 VOL 271 F G,9GE 971, ORDINANCE NO. AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A SANITARY SEWER PROJECT TO SERVE PORTIONS OF BROAD ACRES 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 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 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 a six-inch sanitary sewer main be constructed from a point on the existing sanitary sewer main, near the northwest corner of Lot 3, Block C, Broad Acres Addition, extending in an easterly direction to a point near the northwest corner of Lot 1 , Block C, Broad Acres Addition; and that public necessity requires that certain connection and pro-rata share construction cost charges be fixed and determined prior to the con- struction of such sanitary sewer project. SECTION 2 That the City Council of the City of Fort Worth hereby finds that Lots 1 and 2 of Block C of Broad Acres Addition did not have adequate sanitary sewer service and that the construction of the said six-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 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 west line of Lot 1, Block C, -Broad Acres 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 seven hundred eighty-seven and 50/100 Dollars ($787.50) per lot served by such connection. 1 .• a s VQL�:'t.1g PAGE SECTION 4 Prior to the construction of the project, an amount of money equivalent to eighty (80%) percent of the total estimated cost of the project shall be deposited with the City. Such deposit shall be applied to the cost of construction 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 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 week- y* fie s&witary sewer ma Ter 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 ten (10) 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 viL,2 (,18 PACE 973 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: 5,0 4 r S. G. Johndroe, Jr., City Attorney City of Fort Worth, Texas UNE Mayor and .Council Communication BAIUFE DATE REFERENCE SUBJECT: Contract for the Installation of PAGE GRAHAM Community Facilities, Lot 1, Block C, for — 9/8/75 NUMBER C-3187 Broad Acres Addition iOBINSON Richard R. Richardson, the developer of Lot 1, Block C, Broad Acres Addition has executed a proposed contract for the installation of community facili- ties to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows: Developer City Total Sanitary Sewers $1,670 $393.75 $2,063.75 Total $1,670 $393.75 $2,063.75 Sanitary sewers will be installed in accordance with standard policies for the installation of community facilities prior to the June 1, 1975 amended policy. The contract includes City participation in the cost of sanitary sewer facilities which will be installed under force account with City Water Department crews; therefore, a bond fund transfer will not be needed. Sanitary Sewer Per Connection Charge Ordinance The developer has requested that the City Council enact a standard per connection charge ordinance requiring payment of a connection charge of $787.50 per lot served by the extended sanitary sewer main indicated on the attached map. Payments for per connection charges will be reimbursed to the developer up to a period of up to ten years. RECOMMENDATIONS It is recommended: 1. That the City Council adopt an ordinance providing for reimbursement to the developer of the per Connection charges to the off-site 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 Richard R. Richardson. RNL:mm attachment SUBMITTED BY: DISPOSITIO Y COUNCIL: PR/ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER / .. : � .....,.....,v„ ,,,,,..r.........J i.•.'r. 1. ,.,,, � „/./.✓...... 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