HomeMy WebLinkAboutOrdinance 5446 ORDINANCE NO 5446
AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR, A SANITARY
SEWER PROJECT IN HANDLEY DRIVE FROM GARY LANE NORTH TO BRENTWOOD DRIVE
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 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 I
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 to be
constructed in Handley Drive, north of Gary Lane for the purpose of con-
structing and maintaining an adequate sanitary sewer line providing san-
itary sewer service to a tract of land situated west of Handley Drive and
north of Brentwood Drive, 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 owner of the building sites adjacent to the sanitary sewer facilities
herein provided fo 5 such building sites to lie within the limits of the area
enclosed by the blue line on the plat attached hereto and made a part hereof;
shall be required to pay a connection charge. The connection charge shall
be as follows;
1. For each single family residence and/or living unit, a connection
charge of $35.94;
2. For industrial or commercial connections, a connection charge
equal to the product of the number of acres occupied by such
industrial or commercial installation multiplied by $107.$2.
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Prior to the construction of the project, an amount of money equiva-
lent to seventy-five percent (75%) of the total estimated cost of the project
shall be deposited with the City. Such deposit shall be applied to the cost
of the construction of the project herein provided for.
SECTION 4
Applicable connection charges not deposited prior to the commencement
of construction of the project as ,et forth in Section }, shall he due and
payable to the City of Fort worm 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 horeinauove described to the sanitary sower
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 building sites owned by such property owner, he ,oa|/ he n| isiu|e for
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refund of that portion of the dopcs`t in ,xree r* i'!ic. amovnt. cf the r"nnoc-
upn charges allocable to all :f his building s/te7�. All such refunds shall be
paid solely from fu/vn- con—actions charge payments deposited by ctxer benefiting
building site owners served directly or indirectly by the sanita,, sewer mains
herein provided for' and from no other source. Refunds shall only be made
from connection charges collected by the c/t' of Fort Worth after the construc-
tion of the project. No refund shall be made on this project aftert*m years
from the date of passage of this ordinance.
s[oTInw 6
The Applicable provisions or this ordinance shall be incorporated into
the developer's contract, which shall provide for the installation of community
faciYit(os under consideration in this ordinance, and into subsequent contracts
for installation of other community facilities in this drainage area,
sscT`nw 7
This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the city of Fort worm 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 effect any such
ordinance or ordinances except insofar as the provisions of such ordinance
or mrd]nancas are inconsistent or in conflict with the provisions of this
ordinance, in which instance or instances such conflicting provisions in said
c)t^,r ordinance or ordinances shall be and are xerouv repealed.
ssoT|ow 8
!f 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 ,p declared to be invalid shall continue to be in full
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force and effect. The City Council of the City of Fort vorth, Texas, hereby
declares that it would have passed this ordinance and each section, svh-sortinn,
sentence, clause, or phrase thereof irrespective of the fact that any one or more
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sections, sub-sections, aentences' clauses, or phrases be declared unconstitv-
tional.�
SECTION g
This ordinance shall take effect and be in full force and effect from and
after the date of its passage, and it is a, ordained. The city Secretary is
directed to cause e 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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