HomeMy WebLinkAboutOrdinance 4544 ORDINANCE NO, W
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AN ORDINANCE DETERMINING THE NECESSITY OF AND
PROVIDING FOR A SANITARY SEWER MAIN PROJECT FROM
A POINT IN DANCIGER DRIVE AT THE NORTHERLY LINE OF
LOT 2, BLOCK 14, MFADOWBROOK HILL'S ADDITION, 4TH
FILING, NORTH APPROXIMATELY 100 FEET, THEN IN A
WESTERLY DIRECTION TO ITS CONNECTION WITH SANITARY
SEWER MAIN NUMBER 170 AT ITS CROSSING OF EDEBVILLE
ROAD APPROXIMATELY 600 FEET WEST OF WEILER BOULEVARD:
REQUIRING THE DEPOSIT OF A CERTAIN PORTION OF THE ESTI-
MATED COST PRIOR TO CONSTRUCTION; PROVIDED THAT
CERTAIN CONNECTION CHARGES SHALL BE DUE PRIOR TO APPLI-
CATION 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; PROVIDING A SAVINGS CLAUSE; AND NAMING AN EF-
FECTIVE 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 exer-
cise 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 in Danciger Drive at the northerly
line of Let 2, Block 14, Meadowbrook Hills Addition, 4th Filing, north approx-
imately 100 feet, then in a westerly direction to its connection with sanitary
sewer main number 170 at its crossing of Ederville Road approximately 600
feet west of Weiler Boulevard, such project being designated in red on the
map attached and hereby made a part of this ordinance, for the purpose of
providing sanitary sewer service to Lots 8-R through 14, Block 15, Lots 2
through 7. Block 14, Lots 3-R through 6—R, Block 132 and Lots 1-R through 4,
Block 11 of the Meadowbrook Hills Addition, fourth filing, and other such
property situated adjacent to or downstream from the Meadowbrook Hills Addi-
tion, Fourth Filing, which, when connections are made, will deposit sewage
into the sanitary sewer main shown in red 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 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 West of Weiler Boulevard to be served by the
sanitary sewer approach main facility shall be required to pay a connection
charge. The connection c7Rrge includes a pro-rata share of the
cost of constructing said sever main, and is hereby determined to be Seventy-
eight and Sixty hundredths dollars ($78.60) for each such connection.
SECTION 3.
Prior to the construction of the project, an amount of money equivalent
to seventy-five per cent (750) of the total estimated cost of the project shall
be deposited with the City. Such deposit shall be applied to the cost of the con-
struction 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 build-
ing 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 allo-
cable 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 facil-
ities under consideration in this ordinance, and into subsequent contracts for in-
stallation of other community facilities in this drainage area.
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 ordi-
nance 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 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, sen-
tences, 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
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Communication to Mayor and Council Igo, PWI -648
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Honorable P yor and ...............J
Members o,f the City Counril Pe 'proposed Developer's Contract
City of Fort Worth Meadowbrook Mills Addition,
4th Filing
'ors. McKnight and 'Gentlemen:
The, developer of Meadowbrook Hi l 1 s AdditVon, Fourth Filing, has executed
a proposed developer's contract for the Installation of sanitary sewers,
street lights, and street improvements. No storm drainage Improvements
are required to serve this filing. The estimated cost of these public
facilities are as follows;
T TAL PgyELQPR
Street Improvements
Construction $22,000.00 $22,000.00 -0-
E�g i nee r i ng l ,200.00 -0- 1,200.00
Sanitary Sewers 23,757.31* 17,967.99 ' 5,789.32
Street l Ights I. . 1 ,027.40 'd.-
$47,984.71 $40,995.39 $6,989.3
*Includes 4-inch service lines.
The cost of street engineering will be paid from Project No. 97-FG-501 ,
Miscellaneous Street Engineering. Funds are available in Bond Fund 96-1`
for th,e City's share of the sanitary sewer costa
The cotn,structi on of a sanitary sewer approach main is included in this
pr f ct, and the proposed developer's contract provides for the adoption
of an ordinance by which connection charges will be collected from persons
owning property served by the main other than that of the developer.
This charge has been determined to be $78.60 per connection. Of the
estimated 172 connections which may be placed on this approved main, ap-
proximately 162 will be made from property awned by the developer, and
the other 10 connections may be made from property not owned by the deve-
loer. On this basis, the proposed contract provides for a maximum re-
fund of $786.00 form c ormect'i on charges. These tentative agreements with
the developer, are based on the precedent established by the City Council
In the case of the approach h i n to serve Edgewood Park Addition (M&C No.
l W'1 -419).
the following recommendations are made
( l) That the City Manager be authorized to execute the proposed
developer's contract.
i
M&C PWI- 648
November 10, 1961
Page 2
(2) That an ordinance be adopted establishing a charge of $78.60
per connection to the sanitary sewer approach main.
(3) That a Bond Transfer of $5,789.32 be approved from Project
No. 96-L-901 , Unspecified Sanitary Sewer Projects 'to Project No.
96-L-255, Meadowbrook Hills Addition* Fourth Filing.
Respectfully submitted,
LPC.- ih L. P Coo ing am
City Manager