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HomeMy WebLinkAboutOrdinance 5038 ORDINANCE NO. r ( 1 SEE"R a F �w"u�'�RI 1R.-1111, AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR, A SANITARY SEWER PROJECT IN HOUSE STREET NORTH OF VINSON STREET IN 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 House Street north of Vinson Street for the purpose of constructing and maintaining an adequate sanitary sewer line providing sanitary sewer service to lots 8, 9 and 10, Ruff Subdivision and lot 1, Tandy Wakefield 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 determined 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 8 and lot 9, Ruff Subdivision, and three (3) potential building sites on what is now lot 1, Tandy Wake- field Addition, shall be required to pay a connection charge. The connection charge shall include a pro rata share of the cost of con- structing said sewer main and is hereby determined to be Ninety- eight and Forty-three Hundredths ($98.43) Dollars for each such connection. . . - _ . . ^ ssCTmw 3 Prior to the construction of the project, an amount of money equivalent to seventy-rive per cent (75%) of the total estimateo. cost of the project ,xa| | be deposited with the city. such deposit shall be applied to the costs of construction of the project herein provided for. scCT|ow 4 Applicable connection charges not deposited prior to the commencement of construction or the project, as set forth in Section }' shall be due and payable to the City of Fort Worth at such time as v plumbing permit is applied for to allow connection of the building sites hereina»ove described to the sanitary sewer system and main provided for herein. sccT|nw 5 In the event any one of such adjacent property owners initially deposits with the City or port worm 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 or connection charges allocable to all of his building sites. All such refundssha\ | be paid so|u|v from fu/"re connection charge payments deposited by other adjacent building site owners served by the sanitary sewer wain and system herein nrvviavu for and from no other source. Refunds shall only be made from connection charges collected by the City of port 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. SscT/nw 6 The applicable provisions of this ordinance shall be incorporated in the dcvo|nnor', contract providing for the installation of the sewer facilities under consideration in this ordinance. . ^ sscT|Vw 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 construct/"n, installation and connection charges of sanitary ,ewer mains and service lines to building sites, and sxo} | 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 hereby repealed. oECr|ow 8 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason x^\u to be unconstitutional, such decision shall not affect the validity of the remaining portions or this ordinance, and all the remainder of this ordinance not s" declared to be invalid sxv\/ 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, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses or phrases be declared unconstitutional . sccT|ow 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 or this ordinance to be filed of' record with the County Clerk or Tarrant County, Texas. Appn0vE0 AS TO Fnnx AND LEGALITY: S. G. Johndroe, Jr., City Attorney ^ ^ . « City , of Fort Worth, Eexas Mayor and Council Communication acn Proposed, ;Dwvati,,sparljs (,,r.,)z,,,itract PAGE C-169 Ruff Aubdhisioa, Lot 10 ort lRouse Street I I Of 'Mr. E. L. McCall, an individual, has signed a promMead°d sanitary 4 segue Lot 10, Ruff Subdivision, an"N Street north of "" Street. The estimated ,costs the sanitary sever facilities are as follows: gutx Sanitary So f827.57* $ n .60* $08.97 8. *Includes ouz-; nch service lines. So—street lights, storm drains, or street is rovemo�a e requirad by co t. At p rea n $ there are street lights at the corner of Woe Street and Panola and House Street ,, � 1 e��a tl spat both a a ° loc in "Which lot 10 is located. No a ormWal a. are ,weesa . House Street has a "Sravel the developer only n 10,4 and, the .r r ppa l a polity for street improvements provides that n individual or firm anist own the. greater .jortion of ' ° ° acts in ° e W, to be considered 4 residential developer.,Recommendations for financing the City's it e cosh will be,made when the ,construetton contract is awarded. it is recoimended that h e City HanAger be ,authorized to execute 'r., Proposed contract on� ,4in, It l furth coaviended, Gat an ordinance bo ,passed establishing uniform sidtary sower ronnactiaa dharge for Lots 8, 9, and 10, Ruff Sub- division and Lot ,l, Tandy-W kefield Addition. N -rOF11CIAL 6, CITY , f�_ E XX SUOMMED BYE Ile"APPIKWED 1-101410!,X4411 OATE CITY MA14AGER'