HomeMy WebLinkAboutOrdinance 6732 NON -72 1 2 4 7 3 6 A -- Q1 1 50
ORDINANCE N0.
AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A
SANITARY SEWER PROJECT TO SERVE PORTIONS OF BLOCK 9 OF FORT WORTH STOCKYARDS
COMPANY 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 thesCity 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, in the center of the alley crossing
Twenty-seventh Street between North Ellis and North Main Streets, extending east
in Twenty-seventh Street to North Main Street, and then extending north of North
Main Street to the southwest corner of Lot 3, Block 9, Fort Worth Stockyards
Company Addition; 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 an area
bounded on the west by North Main Street, on the north by Twenty-. eighth Street,
on the east by a line 400 feet east of and parallel to North Main Street, and
on the south by a line 600 feet south of and parallel to Twenty-eighth Street,
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 area.
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 south line of Lot 3, Block 9, Fort Worth Stockyards Company 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 nine hundred forty and no/100 dollars ($940.00) per acre of
property served by such connection.
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 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 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
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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:
S. G. Johndroe, Jr., City Attorney
THE STATE OF TEXAS
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. 6732 a
duly presented and adopted by the City Council of the City of
Fort Worth, Texas, at a regular session held on the 2nd
day of October 9 A. D. 19 72 , as same appears of record
in Minute Book No. D-2, Page 462
WITNESS MY HAND and the Official Seal of the City of
Fort Worth, Texas, this the 24th day of October A. D.
19 72
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