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.
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(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.
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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.
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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°/
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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
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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 ;
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