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HomeMy WebLinkAboutOrdinance 5037 ro ORDINANCE N0. c °° WICK 0,ECORD CITY SECRETARY AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR, SANITARY SEWER PROJECT IN EAST RAMSEY STREET AT ARIZONA STREE , TEL THE CITY OF FORT WORTH; PROVIDING FOR SANITARY SEWER SERVICE LINE CONNECTIONS; REQUIRING THE DEPOSIT OF A CERTAIN AMOUNT OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PROVIDING THAT CERTAIN CON- NECTION 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 ORDI- NANCE IN THE DEVELOPER'S CONTRACT PROVIDING FOR CONSTRUCTION OF THE PROJECT; MAKING THIS ORDINANCE COMULATIVE OF EXISTING ORDI- NANCES; 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 that public necessity requires that a project consisting of a six- inch sanitary sewer main be constructed in East Ramsey Street at Arizona Street for the purpose of constructing and maintaining an adequate sanitary sewer line providing sanitary sewer service to lots 248 and 250, block 9, Hyde Park Addition, all of which real property is located in the City of Fort Worth, Texas, Tarrant County, and that public necessity requires that certain connection and pro rata share construction cost charges be fixed and deter- mined prior to the construction of such sanitary sewer project. SECTION 2 In accordance with the provisions of Section 29 of Article 1175 of the Revised Civil Statutes of the State of Texas, it is hereby determined that the owners of the building sites adjacent to the sanitary sewer facilities herein provided for, the same being specifically designated as lot 248, block 9, Hyde Park Addition, shall be required to pay a connection charge. The connection charge shall include a pro rata share of the cost of constructing said sewer main and is hereby determined to be One Hundred Ninety- four and Sixty-five One-Hundredths ($194.65) Dollars for such con- nection. ' . ~ ^ sscr|ow ] Prior to the construction of the project, an amount of money equivalent 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 costs of cons/ruction of the project heroin provided for. oEcT0w 4 Applicable connection charges not deposited prior to the commencement of construction of the project, as set forth in Section }' shall be due and payable to the City or port Worth at such time as a plumbing permit is applied for to allow connection of the building sites »oreinauovc described to the sanitary sower system and main provided for herein. sEcT|nw 5 In the event any one or such adjacent property owners initially deposits with the City of port Worth an amount in excess or the total connection charges for all building sites owned by such property ownor' he shall be o| ig/ma for refund of that portion of the deposit in excess or the total amount of the connection charges allocable to all of his building sites. All such refunds ,»a)| be paid ,o|o)v from future connection charge payments deposited by other adjacent building site owners served by the sanitary sewer main and system herein provided for and from no other source. Refunds shall only be made from connect/on charges collected by the City of Fort Worth after the construct/nn of the project. No refunds shall be made on this project after ten years from the date or the passage or this ordinance. oEcT|om 6 The applicable provisions of this ordinance ,xa| | be incorporated in the developer's contract providing for the installation of the sewer facilities under consideration in this ordinance. . , - sEcT|0m 7 This ordinance ma/ \ be and is hereby declared to be cumulative of all other ordinances or the City of Fort worth providing for the construction, installation and connection charges of sanitary sewer mains and service lines to building sites, and ,xa| | not operate to repeal or effect 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 provisions in said other ordinance or or- dinances shall be and are oenauy repealed. nccTmw 8 If any section, subsection, 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 oruinance' and all the remainder or this ordinance not so uoc|nrcu to be invalid shall continue to be in full force and effect. The City Council of the City or Fort Worth, Texas, hereby declares that it would have passed this ordinance and each ,action, subsection, sentence, clause or phrase 'harovf, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses or phrases be declared unconstitutional . sscT|ow g This ordinance shall take effect and be in full force and effect from and after the date of its nauayo, and it is ,o ordained. The City Secretary is directed to cause a certified copy of this ordinance to be filed of record with the County Clerk or Tarrant County, Texas. APPROVED AS m mxm AND LEGALITY: G. Johndroe, Jr., City Attorney INN Iii ' , City of Fort Worth, Texas Mayor and Council � ton ,° � DATE ' a F s sueja T. Pr ease Developer's Contract PAGE 10-14-63 a rs�s C-167 for ,i.ct 250,,0 Block , Hyde Paris Addn. I Of fir. henry CwAntry, as indiv1de 1, has si rwd ja proposed developer's contract Inr, sanitary sewerage fatalities to serve tot 250,, Block 9, Hyde; Park Addition. "ii°ie est i sated cost of this improvement is as follows.: Taal 2 9 X da e er kitv- Sanitary, Sewer $549.13*' $409.9 $139.20 " Incle�as i' service line. ll n&, r standard policies for the irtstallatia n of community facilities no street improvements are to aired because the developer^eloper s less than fifty per tent of the property in, the heck under ce n,sideratioz. Street lights are already inustall ed,and, no storm dfain,s are r1eeini "ed. Recomawndations for financing the City's portion,of the sanitary sever cost will be made when the construction contract is awarded. It is recommended that the City Manager he authorized to execute the proposed contract an bebalf of the City. Because the sewer extension constitutes an approach maie , it is further recommended that an ordinance he passed establishing a uniform sanitary sewer connection charge for Lotr248, Block 9, Hyde Park Addition. � JLB n CITY SUBMITTED I -. DISPOSITION "-&,UNCW, P 0 `f rT�r�ssc ,air DATE