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HomeMy WebLinkAboutOrdinance 6826 5 1 5 0 5 A ORDINANCE NO. AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CONSTRUCTION OF A SANITARY SEWER PROJECT TO SERVE PORTIONS OF SANDY OAKS ADDITION AND ADJOINING PROPERTY; REQUIRING THE DEPOSIT OF A CERTAIN AMOUNT OF THE ESTI- MATED 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 PRO- VISIONS OF THIS ORDINANCE IN THE DEVELOPER'S CONTRACT PROVIDING FOR CONSTRUCT- ION 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 ICity 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 and a ten-inch sanitary sewer main be constructed from a point on the existing sanitary sewer main, in Highway 80, west of Cooke Lane, extending in a northwesterly direction to the south line of Sandy Oaks 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 the property enclosed by a line, Beginning at the northeast corner of tract 15 out of the R. R. Ramey Survey, abstract No. 1341, said point being the Northeast corner of the Sandy Oaks Addition to the City of Fort Worth, Tarrant County, Texas: Thence, S. 00°46' E., 616.3 feet along the east right-of-way line of Patino Road to an angle point Thence, continuing along the east right-of-way line of Patino Road due south 771 .1 feet to an angle point, Thence, N. 89°55' E., 415.3 feet to an angle point, Thence, S. 01 .30' E., 1605 feet to an angle point Thence, S. 36° W., 490 feet to a manhole at the intersection of the proposed 10" diameter sanitary sewer main and the existing 15" dia- meter main, Thence, northerly following the meanders of a ridge line as follows: N. 58°11" W., 2040 feet, N. 24°3O'W, 390 feet, N. 14° E, 585 feet N. 89-55E, 135 feet to a point in the center line of Hitson Lane, The, northerly along the centerline of Hitson as follows: N.OI -55' E., 444.0 feet, North, 594.3 feet, N. 00°-39' E., 13.5 feet to an angle point, Thence, N. 89 -33' E., 220.6 feet to an angle point, Thence, N. 00°15' E., 325.6 feet to an angle point in the north property line of Sandy Oaks Addition, Thence, N. 89°-30' E., 1204.5 feet, the point of beginning, did not have adequate sanitary sewer service and that the construction of the said eight-inch and ten-inch sanitary sewer main project was recessary to provide adequate sanitary sewer service to said lots. VOL'�5 .31 ;AE 9D J Ct,T I OIV ,7 V{ll•_2501 r»vE 9-4) Tnat in accordance with the provisions of Section 29, Article 1175, of the Revised Civil Statues 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 Sandy Oaks 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 twenty-six and no/100 dollars ($26.00) per lot 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 T c dppl ­able 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. 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 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: �, 67;_Irr"A0401001 S. G. Johndroe, Jr., City Attorney v�i �J f;at 9A VOL� �i MGM 22 THE STATE OF TEXAS � COUNTY OF TARRANT � I, JACK W. GREEN, Aseietant City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a mm and correct copy of Ordinance No. 6826 , duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the 16th day of m,April , .Ao D. 19 73 , as same appears of record in Minute Book E-2, Page 346 WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the 25th day of April A, D. 197„ 3 Assi9fit City Secretary of the _ Cit f Fort Worth, ,Texas t pity of Fort Worth, Texas NE Mayor and Court Emil Co mun ication 2� RMAM DATE REFERENCE SUBJECT: PAGE NUMBER Amendment to Contract for IANCOCK 4/16/ 3 C-2512 Installation of Community Facilities , of 2 Blocks 1 through 7 Sandy Oaks A ROBINSON On March 26, 1973 (M&C C-2484) , the City Council approved a Community Faci- lities Contract as proposed by PAR ROB, Inc. , developer of Blocks 1 through 7, Sandy Oaks Addition. Financing of the City's share of the project was delayed since the amounts were contingent on decisions regarding costs of street widths in the development. Bond fund transfers are proposed at this time to finance the City's portion of the estimated cost of improvements. City cost participation was approved by the Council for the improvements as follows: Street Construction $26,800 Street Construction Engineering 15,047 Storm Drain Construction Engineering 1,118 Sanitary Sewer Construction 15,000 Water Construction 14,700 Total $72,665 Amendment to Contract - Sanitary 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 $26 per lot served by each connection to the sanitary sewer main constructed to serve this development. Charges will be applicable along the proposed sanitary sewer extension shown in red on the attached exhibit between the existing sanitary sewer main in Highway 80 west of Cooks Lane and the south line of the Sandy Oaks Addition. These connection charges will be reimbursed to the developer as connections are made to the line for a period not to exceed ten years. Recommendations It is recommended: 1) That the following bond fund transfers be approved: FROM TO AMOUNT PURPOSE 104-36000�-901 104=36000-335 $42,970 City's portion Streets in New Addition Streets and Storm Drains of street and Unspecified in Sandy Oaks Addition storm drain con- struction and engineering costs 109-15000-901 109-15000-484 $16,000 City's portion of Water - Unspecified Water to Serve Sandy water facilities Oaks Addition costs. 106-13000-901 106-13000-600 $17,000 City's portion of Sanitary Sewer - Sanitary Sewer to sanitary sewer Unspecified Serve Sandy Oaks Addn. facilities costs DATE REFERENCE SUBJECT: Amendment t0 Contract for PAGE NUMBER 4/16/73 C-2512 Installation of Community Facilities 2 2 of 2) That the City Council adopt an ordinance providing for reimbursement to the developer of the $26 charge per lot served for connection to the off-site sanitary sewer approach main for a period of ten years. 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