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HomeMy WebLinkAboutOrdinance 6142 a ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR A SANITARY SEWER PROJECT CONNECTING CAROL OAKS NORTH ADDITION TO THE COTTONWOOD CREEK COLLECTOR SEWER; PROVIDING FOR SANITARY SEWER SERVICE LINE CONNECTIONS; REQUIRING THE DEPOSIT OF A CERTAIN AMOUNT OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PRO- VIDING 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 THE PROJECT; MAKING THIS ORDINANCE CUMULATIVE OF EXISTING ORDINANCES; 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 " hat a project consisting of a ten-inch sanitary sewer main be constructed northwest from connection to the Cottonwood Creek Collector Sewer (M-238 in the Sanitary Sewer Records) to the northeast corner of Carol Oaks North Addition, which sewer will ultimately be used to serve all of the building sites within the limits of Carol Oaks North Addition and within the limits of the natural drainage basin downstream therefrom; 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. The limits within which such connection charge will apply are described as follows: (1) Carol Oaks North Addition (2) Tract A: That tract of land described as follows--Beginning at the northerly northeast corner of the Carol Oaks North Addition to the City of Fort Worth said northeast corner being in the south right-of- way line of the Fort Worth-Dallas Turnpike, proceed north a distance of 300 feet to a point in the north right-of-way line of said turnpike, said point being the point of beginning of the border of Tract A, thence proceed west along the north right-of-way line of the said turnpike a distance of 1,675 feet to a point, thence north a distance of 395 feet to a point, thence north 45° 30' east a distance of 1,160 feet to a point, said point being in the east right-of-way line of Sandy Lane, thence north 820 feet to a point, said point being south of John T. White Road, thence east a distance of 55 feet to a point, thence north with the east line of Sandy Lane a distance of 730 feet to a point, thence north 49° east a distance of 530 feet to a point, thence north 62° 50' east a distance of 430' to a point, thence north 32° 40' east a distance of 740 feet to a point, thence south 33° east a distance of 1,160 feet to a point, thence south 46° 50' east a distance of 475 feet to a point, thence S 8° 10' east a distance of 1,020 feet to a point, thence south 8° 40' west a distance of 625 feet to a point, thence south 16° 20' west a distance of 540 feet to a point, thence south 5° 15' east a distance of 440 feet to a point, said point being in the north right-of-way line of the aforesaid turn- pike, thence proceed westerly with the north right-of-way line of said turnpike, on a bearing of south 88° 6' west a distance of 1,307 feet to the point of beginning of the border of Tract A. ` ` ~ (3) Tract B: Is that tract of land described as follows beginning at the most northerly northeast corner or the Carol Oaks North xuuitio^ to the c/tv of Fort worth' said northeast corner being in the south right-of- way line of the purc worm Dallas Turnpike, proceed ^ay/er|v along the south line of the turnpike right-of-way o or,tonc* of 3'040 feet to a point in the right-of-way or Cnokas Lane, thence proceed south 37~ ln' east a distance or 1,655 feet to a point' thence south 69~ /o' west a distance of 600 feet to a point' thence south 45° west a distance of 885 feet to a point, thence north B~ 45' west, a distance of 1'600 feet to a point, thence south 37^ B' west a distance of Bo feet to a point, thence west 1'248 feet to a point in an existing fence line said fence line being an extension to the south or the east line of the said Carol Oaks murm Addition, thence norm o^ | ' west along said existing fence line a distance of 1,682 feet to the point or the beginning of the description of the border of tract B. sECr/ow z in accordance with the provisions of Section 29 of Article 1175 of the Revised Civil stacoto, of the State of Texas, it is hereby determined that the owners of the building sites described above shall be required to pay a connection cxorso- The connection charge includes a pro-rata share of the cost of construction of said ten-inch sanitary sewer main and is xcreu' determined to be forty-five and no hundredths dollars ($45.00) for each residential connection, or one hundred thirty-five and no hundredths dollars ($135.00) per acre of commercial property ,uweu by connection to said ten-inch sanitary sewer, whether such connections be made directly or indirectly to such ten-inch sanitary sewer, down stream from Carol nax, worm Addition. sscT|ow ] Prior to the construction of the project, an amount of money equivalent to eighty per cont (80%) of the total estimated cost of the project shall be deposited with the City. Such deposit ,xa| | be deemed to be a prepayment of certain connection marno, as provided in Section 5 of this ordinance. . - ' ^ , ~ . - sscT|ow 4 Applicable connection charges not deposited prior to the commencement of construction of the project, as set form in section 3, shall be due and payable to the City or Fort Worth at such time as a plumbing permit is applied for to allow connection of the building sites xereinabova described to the sanitary sewer system and main provided for herein. sEcT|ow 5 In the event any one or such adjacent property owners initially deposits with the city of port worm an amount in excess of the total connection charges for all building sites owned by such property nwner/ he shall be eligible for refund or that portion or the deposit in excess of the total amount of the connection charges a)|vcau)o to all of his building sites. All such refunds shall be paid solely from future connection charge payments deposited by other adjacent building site owner, oer"oo by the sanitary sewer main and system 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 ,ao years from the date of the passage of this ordinance, sscr|ow 6 The applicable provisions of this ordinance shall be incorporated into the developer's contract, which ma|| provide for the installation of community facilities under consideration in this oruinance, and into subsequent contracts for |n,e||aticm of other community facilities in this drainage area. sscr|ow 7 This ordinance shall be and is hereby declared to be cumulative of all cuxor ordinances of the city of Fort Worth providing for the construct/on' installation, and connection charges of sanitary sewer service mains and service lines to building sites, and shall 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 or this oraina^ca, in which instance or instances such conflicting provisions in said other ordinance or ordinances shall be and are hereby repealed. . ' ' r , ° . - aecT|nw 8 if any section, sub-section, sentance/ c|ause` or phrase of this ordinance is for any reason hold to be unconstitutional, such decision shall not affect the validity of the remaining vnrticm, of this nrdinanon/ and all the remainder of this ordinance not ,o declared to be invalid shall continue to be in full force and effect. The city Council of the City of port wo,th/ Texas' hereby declares that it would have passed this ordinance and each section, sub-section, sentenoe/ clause, or phrase thereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, or phrases be declared unconstitutional. 3EoT|ow g 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 cuunty, Texas. Apn\omsn AS TO Fonw AND LEGALITY: G. Johndroe, Jr., City Attorney City of Fort Worth, Texas 61NK Mayor and Council Communication 0, DATE REFERENCE SUBJECT: Contract for the Installation of PAGE 7/28/69 NUMBER Community Facilities , Blocks 1 and 2,, 2 �AKAWO C.-1529 n I of Robert S. Folsom, the, developer of Blocks 1 and 2, Carol Oaks North Addition, has executed a proposed contract for the installation of community facilities to serve the area shown Lwn the attached maps. The estimated cost of the community facilities is as follows: Developer C LtI, Total Street Improvements 52,815 $37,502 $ 90,317 Storm Drains 43,648 352 44,000 Street Lights 3,894 1,350 5,244 Sanitary Sewers 61,300 15,200 76,500 Water 22,400 5,000 272400 Total $184,057 $59,404 $243,461 Future: assessment paving on Sandy Lane and Enoch Road, adjacent to the develop- ment; arterial paving on Carol Oaks Road, sidewalk, curb and gutter, storm drainage, street lighting, water facilities and sanitary sewer facilities will be installed in accordance with standard policies for the installation of community facilities. E.4 in of Ederville Road The City Plan Commission has required the developer to extend Ederville Road, across the development, adjacent to the Turnpike. The developer will only benefit from one side of the paling, therefore, it is proposed that the developer pay for one half of a 40 foot roadway in the same manner as property owners are being assessed on the portion of Ederville Road currently under construction. At the intersection of Sandy Lane, approximately 30 feet of embankment will be necessary to provide a safe intersection. Because of the quantities involved it is proposed the reimbursement for excavation and fill be increased from the arbitrary 30 cents per cubic yard to $1.00 per cubic yard, which is nearer the market price, SanitmSewer Per Connection 4A_9 r t Ordinance 1 The Developer has requested that the City Council enact the standard per connection charge ordinance, wl,'nidh has been prepared, requiring payment of a connection charge of $45 for each residential connection, or $135 per acre of corwwrcial property served by connection from anyone connecting to the off-site sanitary sewer approach main. These connection charges wi,ll be reimbursed to the Developer for a period of ten years. ;ATC REFERENCE SUBJECT: Contract for the Installation o PAGE NUMBER Community Facilities, Blocks 1 and 2, 2 2 7/28/69 C-1529 Carol Oa'ks North Addition of The contract includes City participation in the cost of paving of Ederville Road, storm drains, sanitary sewers and water facilities. In order 'to provide for the Cityfs share of the cost of these improvements, bond fund transfers are proposed from the appropriate Unspecified accounts to tbe project accounts. deco mendations It is recomiended: 1) That the following bond fund transfers be approved: From To Amount P=222 , Stor,m Drains, Storm Drains , Carol Oaks $ 500 City's portion of Unspecified North Addition, Blocks 1 Storm Drains 104-28000-901 and 2, 104-28000-671 Streets in New Streets in Carol Oaks "forth 40,000 City's portion of pav- Additions, Unspeci- Addition, Blocks 1 and 2 In and engineering fied, 104-36000-901 104-36000-239 for Ederville Road Sewer - Unspecified Sanitary Sewer Facilities, 17,000 City's portion of Projects Blocks I and 2, Carol Oaks Sanitary Sewer 106-13000-901 North Addition Facilities 106-13000-4952 Wator - Unspecified Water Facilities, Blocks 1 5,500 City's portion of Pro I ects and 2, Carol Oaks North Water Facilities 1091,15000-901 Addition, 109-15000-3492 2) That the C'ity Manager be authorized to execute the comunity facilities contract with Robert S. Folsom; 3) That the City ',manager be authorized to reimb�urse the developer for the City's share of the cost of storm drains , streets, water and sanitary sewer facilities upon their completion; 4) That the City Council adopt an ordinance providing for reimburse- ment to the Developer of the Connection charges to the off-site sanitary sewer approach main flor a period of ten years. HDM,.ms Attach. aom SUBMITTED BY- DISPOS I &UN0L: PROCESSED BY I;=PR0CV1ED 0 OTHER (DESCRIBE) .... . rsrs CITY MANAGER ti : EOERVGLA E RRCU 'Z- 2°/ A 48 TEMPORARY 4B CUL-DE-SAC O�Dw' Pt O A 40 0 PV, p ENBCH AB."TG BE PAVED ON AN CAROL ASSESSPENT BASIS �p ATNT BORDER S'T, ARE CE TIME THE AT THE STREETS 1 DECATED. �CD flfl II I I f� CA 400' .... . ��. ..._��..._�._..�_�� .µ.� ..� ._.�.__ �.....�. ....� .� _��...� ......�.�.___t_._�.�...__Im..� ..._fin._.,k .....�... . _W�.... . H A D D 011 LEGEND STREET PAVING AREA TO BE DEVELOPED EXHIBIT N . A.. STREETS TO BE DEVELOPED WITH THIS PROJECT $1, f E R b U FOGI S , ra ; `L fr7-- r— "mac ss� I Ljr r a . -F-� A>:T 'A o j. �, v 779.3 AC'R'ES , b l \TRACT 104.2 AC ES D�LL,4 F�o �0,"T, z if �T,-(RNPIK a t� U .0 M-2 3 r 0 hn EXISTING 24" M. INV. SANITARY SEYY R f • PROP�S�`�w, � � � CAROL AK NITS RY u / R 4500.40 NORTH WITI 5 _ r` � ,r c� off f" J I 1 ..0 (M.N �7 r O yt' OR l W0R 1 w 600 IN� 50 03 f,L;t. x �j � , . c R ``nom 'r Ott H gf Oey R (1111-�DN L 0 inks rLJ'1\,"7, fS AIDDOU 00N OFF - SITE SANITARY SEWER EXHIBIT N °- . B -3 SCALE I"= 2000t NGi FORS - PLANN � RS� //////iiiii J/rl///Jr!////: •••'rrr!///r////r//!/r r/r1Yr//!//r/!f/r//�� //J/r///, r //rf/J!✓//J//flJ/!f/J ////// //!/!///f /!//////t////✓, ,/r ///////////!/Jrr// ////!////f//////////!r r/r///r///!///////r// rf Af f! //rr/!,!/////r/ ✓J/Jr ♦r////d/////rr//////, "/ lJJr J!/. /r//!!/J ✓/!/!., •...'..., /J! l//JJr! ///fJ///I////r!!!/! •r !/J "rJr! lriJ/ii/.'t//yr . 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