HomeMy WebLinkAboutOrdinance 6048 VGl4U7? PAGE 7.38,
P ORDINANCE
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AN ORDINANCE DECLARING THAT PUBLIC NECESSITY EXISTED FOR THE CON-
STRUCTION OF A TWENTY-FOUR INCH AND EIGHTEEN-INCH SANITARY SEWER
TO SERVE THE AREA CONTAINING THE PROPOSED SANTA FE SOUTHWEST
INDUSTRIAL PARK ADDITION; PROVIDING THAT THE OWNERS OF RESIDENTIAL
PROPERTIES TO BE SERVED BY SAID SANITARY SEWER MAIN SHALL PAY AD-
DITIONAL CONNECTION CHARGES OF NINETEEN AND 86/100 DOLLARS ($19.86)
FOR EACH SINGLE FAMILY RESIDENCE; PROVIDING THAT THE OWNERS OF
COMMERCIAL OR INDUSTRIAL PROPERTIES SHALL PAY ADDITIONAL CONNECTION
CHARGES AT THE RATE OF FIFTY-NINE AND 58/100 DOLLARS ($59.58) PER
ACRE TO BE SERVED; PROVIDING THAT PERSONS WHO -DEPOSIT MORE THAN THEIR
PRO RATA SHARE OF THE COST OF CONSTRUCTION OF SAID SANITARY SEWER
MAIN SHALL BE ENTITLED TO A REFUND OF THE EXCESS OUT OF OTHER CON-
NECTION CHARGES DEPOSITED WITH THE CITY FOR A PERIOD OF TWENTY
(20) YEARS; PROVIDING FOR THE EXECUTION OF A DEVELOPER'S CONTRACT;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 26, 1965, the City Council of the Aity of Fort Worth ap-
proved Mayor and Council Communication No. C-495, thereby authorizing the execu-
tion of an interim agreement between the City of Fort Worth and the Santa Fe
Railway Company for the construction of sanitary sewer facilities in the proposed
Santa Fe Southwest Industrial Park Addition; and,
WHEREAS, said interim agreement was executed on the 27 day of April _ ,
1965, and the Santa Fe Railway Company did subsequently pay to the City of Fort
Worth, in keeping with the terms of said interim agreement, the sum of Ninety-
nine Thousand Two Hundred Ninety-nine and Twenty-two One Hundredths Dollars
($99,299.22) as the Santa Fe Railway Company's share of the cost of construc-
tion of said sanitary sewer facilities; and,
WHEREAS, by virtue of its approval of Mayor and Council Communication
No, C-495 and the execution of the agreement with the Santa Fe Railway Company,
the City of Fort Worth agreed that its standard water and sanitary sewer in-
stallation policy should be applied to the collection of connection charges
from persons desiring to make use of the sanitary sewer facility to be constructed
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under the terms of said interim agreement and that the Santa Fc Railway Company
should be reimbursed out of said connection charges so nn|}ectou by the City
for a period of twenty (oo) years from April 27, 1965/
NOW THEREFORE, BE IT Unox|wsu BY THE c|Tv C0uwc|L OF THE CITY OF FORT
VnnTx, 7sx4s;
sscr|uw 1.
That on April Zh' 1965, there existed public necessity for the construc-
tion of a project consisting of a twenty-four inch and eighteen-inch sanitary
sewer main to be constructed from a point /n the existing sanitary ,ewer main in
Bryant-Irvin noad, north of Interstate Highway 820, in southerly and easterly
directions to a point in the north line of the proposed Santa Fe Southwest
Industrial park Addition.
SsoT|ow x.
That the City Council of the city of Fort worth hereby finds that the fol-
lowing described area did not have adequate sanitary sewer service and that the
construction of said twenty-four inch and eighteen-inch ,ewer main project was
necessary to provide adequate sanitary sewer service to said area, which area
is described by metes and bounds approximately as follows:
Beginning at a point in the west right-of-way line of the Bryant-Irvin
Road, said point be/no 60 feet went of the northwest corner of the Country Day
~
sc»ov/ Tract;
Thence south along the said west right-ofwpv line of the Bryant-Irvin
Road to the north line of I.H. 8e0, thence across I.H. 820 and beyond, for the
total distance of 1950 feet;
Thence southwesterly a distance of zzuO feet;
Thence south a distance of 2300 feet;
Thence southwesterly a distance of 2800 feet;
Thence southeasterly a distance of 3800 feet to a point in the north
property line of the proposed Santa Fe Southwest Industrial Park Addition;
Thence in an easterly direction along the north property line of the said
proposed Addition a distance of 1200 feet;
Thence south a distance of /400 feet;
Thence southeasterly a distance of uoOO feet to a point in the south property
line of the said proposed Addition;
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Thence in an easterly direction along the south property line of said pro-
posed audition, a distance of 500 root to a point in the northwest right-of-way
line of the Santa Fe Railway Company right-of-way;
Thence northeasterly along the said Santa Fe Railway Company right-of-way
a distance of 4010 feet to the northeast comer or Lot )/ Block l, Santa re
Southwest Industrial Park »ddrdon;
Thence in a westerly direction along the north property line of the said
proposed Addition a distance of 850 feet;
Thence in a northerly direction a distance of 8500 feet' crossing 1. H.
@20 '
,
Thence northwesterly a distance of 3200 feet;
Thence north a distance of 1500 feet to the north line of the Country Day
School Tract;
,
Thence /n o westerly direction along the north /inn of the country Day
School Tract, a distance of 1000 fort to the place of beginning.
ss:T|ow ].
That in accordance with the provisions of Section 29, Article 1175, or the
Revised civil Statutes of Texas and the Charter of the City or Fort Worth, it is
hereby determined and decreed that persons who desire to make connection directly
to the said sanitary sewer main, or to a sanitary sewer which will ultimately
deposit sewage into the said sanitary sewer main at a point downstream from the
north |/nc of the proposed Santa Fe Southwest Industrial park Addition, x»a|| be
required to pay a connection charge which includes a pro rata share of the cost
of constructing said sewer main; that for each single family residence and/or
living unit to be served by said sanitary sewer project, the cost of said con-
nection charge is hereby determined to be Nineteen and 86/100 Dollars ($19-86) ;
and that for each commercial or industrial unit to be served by said sanitary
sewer project, the cost of said connection charge is hereby determined to be the
amount of money equal to the product of the number of acres occupied by such
commercial or industrial installation multiplied by Fifty-nine and 58/100 Dollars
($59`58)'
sccT|Ow 4.
That if any portion of the applicable connection charges have not been
deposited with the City of Fort worth prior to the effective date of this
3
ordinance, such charges shall become due and payable to the City of Fort Worth
at such time as an application is made for a plumbing permit to allow connection
of any building site to the said sanitary sewer main or its tributary sanitary
sewers.
SECTION 5.
That in the event any property owner whose real property will be served by
the said sanitary sewer main initially deposits with the City of Fort Worth an
amount in excess of the total connection charges for all of the building sites
owned by such property owner in the area, he shall be eligible for refund of
said excess, but such refund shall be paid solely from future connection charges
deposited by the owners of other building sites served by the said sanitary
sewer main. That such refund shall be made only after the completion of con-
struction of the project, and no refund shall be made more than twenty (20) years
from April 26, 1965.
SECTION 6.
That the applicable provisions of this ordinance shall be incorporated
into any developer's contract or Community Facilities Agreement made and entered
into by and between the City of Fort Worth and any property owner seeking to
develop any portion of the above described area and that the charges applicable
hereunder for connection of all the building sites covered by the terms of such
a developer's contract, or Community Facilities Agreement, shall be due and
payable at the time of execution of such contract or agreement rather than at
the time of application for a plumbing permit as provided elsewhere herein.
SECTION 7.
That this ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the City of Fort Worth providing for constructionfin-
stallation and connection charges of sanitary sewer service mains and service
lines to building sites and shall not operate to repeal or affect 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 ordin-
ance or ordinances shall be and are hereby repealed.
SECTION 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
vo,4672 PA0411
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»%�uxvk/� PAGE74?
the validity of the remaining portions of this ordinance, and all the remainder
or this ordinance not so declared to be invalid shall continue to be in full
force and effect. The city Council of the c/tv of Fort wnrm 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,
subsection., sentences, clauses or phrases be declared unconstitutional.
sErr|uw 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 ropy of this ordinance to be filed of record with
the County clerk of Tarrant County, Tuvas.
APPROVED AS TO puom AND LEGALITY:
� City of .fort Worth, Texas
Mayor and Council Communication
DATE REF R'J;�+ICE SUOJscr: Contract for the Installation of PAGE
ryur�usr:s
11/4/68 C-1334 Santa
Facilities, Lot 1, Block 1, 1 of
Fe Southwest Industrial
LINE saacx ra Addition
MORPHIS
OL aa" Terminal Building Corporation acting by and through G. W. Cox, its duly authorized
President , the developer of Lot 1 , Block 1, Santa Fe Southwest Industrial Park
Addition, has executed a proposed contract for the installation of community
WAO facilities to serve the area shown on the attached maps.
< The estimated cost of the community faciliti"- is as follows:
Terminal AX & SF
Building Railroad
Corporation g2mpany C ty Total
Street Improvements
Construction $20,372 - $12,400 $32,772
Engineering _.0_ _0_ 1 ,240 1,240
Flasher Signal System 4,303 $ 4,308 4,308 12,924
Storm Trains 20,130 -0- 3,125 23,255
Street Tights 495 -0- 495 990
Sanitary Suers 498 -0- 138 636
Water 20,200 -0- 4,400 24 600
Tota. $66,003 $ 4,308 $26,106 $56,417
Major thoroughfare paving wi.t1a curls and gutter, storm drainage, street lighting,
water mains and sanitary sewers will be installed in accordance with standards
policies for the installation of community facilities. Since this contract was
submitted to the developer on September 2 , 1967, it contains the policy in
effact at that time.
The contract includes City participatl,on in the coat of extra width of paving
and railroad flashers on 11u.len Street,,, In order tµ) provide for the City's share
of the cost of the street and staurm drain impravvimaents, bond fund transfers are
propused from the appropriate unspecified sc:zount to the project account..
Per Connection Charge Ordinance
Pursuant to the terms of an Interim Coammuunity Facilities Agreement executed in
April, 1965, and approved by the City Council of the City of fort Worth April
205) 1965 C C-495) , a sanitary sewer approach main to the proposed Santa Fe
Industrial Addition was constructed as showcn on 'Exhib'it B-1, at a developer's
cost of $99,2919.22, includin:8 a Leu 0 per cent engineering charge.
The standard policies applying to Sanitary Sewer Approach Main Construction were
modified by A&C C-,4915. The Terminal Building Corporation: of 'Texan was granted
the right to a refund of those connection charf,;es collected for connections to
this approad[i, ma ga for a perir�,d of twenty (20) years rather than the usual
ten. 10) year period.
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DATE R EFERENCEsuejECT. Contract for the Installation of PAGE
11/4,/68 NUMBER Community Facilities, Lot 1, Block 1,hwest t
2 3
C-1354 Santa Fe SoutIndusrial Park of
-9dait ion........... ............. ...... __ .."........M........_._....._,_-------...............
At that time the City agreed to enact a per connection charge ordinance requiring
that any person, firm, or developer desiring to connect to the portion of the
sanitary sewer dusigna,ted on Ekhibit B-1 as an approach main, pay to the City a
connection charge as follows:
(1) For each single family residence or living unit, a connection
charge of $19.86.
(2) For industrial, or commercial connections, a connection charge equal
to the product of the number of acres occupied 'by such conmercial.
or industrial installation multiplied by $59.58.
17he Ordinance provides that the City upon, receipt of any connection charge or
charges, as stated above, will pay same to the Terminal Building Corporation.
Under no circumstances shall any such payment be made by the City after twenty
(20) years froin the date of the interim contract.
The amount which the City" will. refund tinder the terms of the Ordinance shall not
exceed Eighty Four Thousand Four Hundred Four and Twenty Two One Hundredths
Dollars (84,404.22) .
ObJection of Mr. Cass 0. Edwards
Mr. Cass 0. Edwards is the owner of the greatest portion of the 15100 acres of
the sanitary sewer drainage 'basin included in the per connection charge ordinance.
Mr. Edwards has voiced objection to the granting of a twenty (20) year refund
ordinance rather than the Usual ten (10) year refund period. it is his con-
tention that circumstances have sufficiently altered since April,., 1,965, to
justify reconsideration 'by the City Council. The cost to the Santa Fe Railroad
for the sewer was estimated to be $151,000 and the actual cost was $99,299.22.
M,r. Edwards also contends that his over-all development is progressing more
rapidly than it was in 1965.
Recommendations
It is recommended:
1,) That the following 'bond fund transfer be approved:
From To Amount Purpose,
Streets, in New Streets in Santa Fe $210,000 City portion of
Additions Southwest Industrial paving Helen Street
Unspecified Park Addition, Lot 1, including railroad
104-3,6000-901 Block I Signal Flasher
104-360010-222
Storm Drain StormDrains, Santa Fe $ 5,000 Cityls portion of
Unspecified Southwest Industrial Storm Drains
097-280001-9011 Park Addition, Lot 1,
Block 1
097-280010-246
..............
DATE REFER NCE SUBJECT: Contract ?77 717 Installation ofT PAGE
11/4/68 NUMBIR Community Facilities, Lot 1, Block 1, 3 of —3
C-1354 Santa Fe Southwest Industrial Park
2) That the City Manager be authorized to execute the comunity facil,ities
contract with Terminal Building Corpora,tion.
3) That the attached per connection charge ordinance be adopted.
HDM:j p
Attachment
SUBMITTED BY: DISPOSITION Y COUNCIL: PROCESSED BY
=IP-PROVED Q-01AER (DESCRIBE) 64 4
01CITY SECRETARY
-
CITY MANAGER 5
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