HomeMy WebLinkAboutOrdinance 4503 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR,
A SANITARY SEWER MAIN PROJECT FROM A POINT AT THE INTERSECTION
OF EDGEWOOD TERRACE AND RIMSEY ROAD SOUTHEASTERLY TO ITS CON-
NECTION WITH VILLAGE CREEK MAIN NO. 258; REQUIRING THE DEPOSIT
OF A CERTAIN PORTION 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 THIS PROJECT: 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 the public necessity requires that a project
consisting of a ten-inch sanitary sewer main be constructed from a point at the inter-
section of Edgewood Terrace and Rimbey Road southeasterly to its connection with Village
Creek Sewer Main No. 258, such project being designated in orange on the map attached
and hereby made a part of this ordinance, for the purpose of providing sanitary sewer
service to Block 1 , Lots 3, through 18 R, Block 2, Lots I through 25, Block 3, Lots 5
through 33, Block 4, Lots 5 through 16, and Block 5, Lots I through 5, of the Edgewood
Park Addition, and other such property situated adjacent to or downstream from the
Edgewood Park Addition which, when connections are made, will deposit sewage into the
sanitary sewer main shown in orange on the map attached (the approximate limits of such
area being outlined in red on the map attached), all of which real property is located
in the City of Fort Worth, Tarrant County, Texas; and that public necessity requires
that certain connection and pro-rata share construction cost charges be fixed and de-
termined prior to the construction of such sanitary sewer projoct.
SECTION 2
In accordance with the provisions of Section 29, Article 1175, of the Revised Civil
Statutes of the State of Texas, it is hereby determined that the owners of property to
be served by the subject sanitary sewer facility shall be required to pay a connection
charge. The connection charge includes a pro-rata share of the cost of constructing
said sewer main, and is hereby determined to be twenty-three and nine hundredths
dollars ($23.09) for each single family residence and/or living unit. In the case of
industrial or commercial connections, an amount of money equal to the produce of the
number of acres occupied by such commercial or industrial installation multiplied by
fifty-seven and seventy-two hundredths dollars ($57.72) shall be paid as a connecting
charge. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
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SECTION
2-SECTION 3
Prior to the construction of the project, an amount of money equivalent to
seventy-five per cent (75%) of the total estimated cost of the project shall be de-
posited 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 construc-
tion of the project, as set forth in Section 3, shall be due and payable to the City of
Fort Worth 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 hereinabove described to the
sanitary sewer 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 shall be eligible for refund of that portion of the deposit in
excess of the total amount of the connection charges allocable to all of his building
sites. All such refunds shall be paid solely from future connection charge payments
deposited by other benefiting building site owners served directly or indirectly by the
sanitary sewer main 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 construc-
tion of the project. No refund shall be made on this project afte� tyliars from the
date of passage of this ordinance.
SECTION 6
The applicable provisions of this ordinance shall be incorporated into the devel-
oper's contract which shall provide for the installation of community facilities under
consideration in this ordinance, and into subsequent contracts for installation of
other community facilities in this drainage area.
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SECTION 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 construction, installation, 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 in
said other ordinance or ordinances shall be and are hereby repealed.
SECTION 8
If 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 so
declared to be invalid shall 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, sub-section, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, sub-sections, sentences, clauses or phrases be de-
clared unconstitutional .
SECTION 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 of this ordinance to be filed of record with the County Clerk of Tarrant
County, Texas.
APPROVED AS TO FORM AND LEGALITY:
Jow ji er
S. G. Johndroe, Jr.
City Attorney
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r TT OF FORT WONT" c Mr-.c�e ngham
CITY OF FORT NORTH, TEX Mr. Morphia
THE SUBJECT MATTER OF THIS M.& C.;:.
TEXAS
WAS PRESL`NTED i0 THE CITY+COUNCJ. +
A�n�i _
AND WAS UFICE�9[�2f"AkTY MANAGERI Communication to Mayor and Council No. PWI 419
o 28, 1�1r' —
July R C RD
CURETARYCity SecretaryTH, TEX.
Honorable Mayor and
Members of the City Council Re: Financing of Sewer Approach
City of Fort Worth Mains, with Special Referer)ce
to Edgewood Park Addition
Mrs. McKnight and Gentlemen:
At the Ctty Council meeting of July 7, 1961, Mr. A. A. (pus) Jacyson
appeared before the City Council in regard to the figanc4ng of sower
service for the Edgewood Park Addition being developed by Mr. Jackson.
He pointed out that to serve- his addition, It would be necessary to extend
a sewer line approximately 3900 feet through other undeveloped property;
The sewer line would benefit this pe6perty, but under preaent policies for
installation oaf community facilities the entire developeril. share of cost
of the line would be borne by the initial developer. in recognition of
this problem, .whereby one developer and the City combine to finance sewer
lines which also benefit other subsequent developers, the City Council re-
quested the City Manager to' develop ffi more equitable solution to, the over-
all problem of approach main financing,,
° Of the many alternatives to financing approach mains that were studied, one
plan equitable to both developers and the City-at-large Is a procedure
whereby a per connectigq chprge is established which is equal to the 09-
velopers' share of fewer main financing (now set at 75 per cent), which is
collected by the City and reimbursed t0 the developer or developers who
h itlelly finance the developers' a"re of the main. This general plan
would have the following features:
f
I . The present cost distribution for sanitary sewers serving new
construction - which is 75 per cent to be borne by the developer
and 25 per cent by the City - would be retained.
2. The initial developer would be required to deposit 75 per cent
of the total cost of the approach main, in order to protect
against excessive speculation on the part of the City, but would
be reimbursed a portion of hrs deposit from connection charges
paid by subsequent developers or other uwnOWs.
3. Upon ultimate development of the area served, each developer would
have paid his proportionate share- of the 75 per cent of total
cost to be borne by developers, anW the City-at-large would have
paid 25 per cent of .the cost of the approach main.
V
M&C PWI- 419
July 28, 1961
Page 2
4. Refunds,,to the initial developer would be made solely from con-
nection" charges paid by subsequent developers. To slmplify
necessaYy record keeping, refund rights would lapse ®ft*r a
fixed period of years ( !8
(,2v�Kcc�eL�
5. In computing the connection charge, only the area add,jacpnt to or
downstream from the area for which the project is initially con-
structed to serve is assumed to be served. If the upstream area
were also included, substantial difficulties in administering
multiple refunds made necessary are anticipated.
6. An ordinance will be adopted for each sanitary sewer project con-
structed under this financing plan which will declare the need
for the improvement, establish the per connection charge required
for proper distribution of costs, and establish other necessary
rules for administration of the connect-ion fee and refunds. Pro-
vislon: for the developer's financial participation in necessary
mains will still be covered by a contract for Installation of
community facilities.
7. Substantially, the same formula can be used on border street mains
and other special situations, such as the one described in MbC
PW1-420, and will provide more equltabie financing in these Instan-
ces than under the present policy.
The effect of this financing policy for sewer approach mains is to asel* the
initial developer - who requires the approach main - in obtaining a fair
payment from subsequent deveiopees who also benefit from thio main. The
initial cost participation by the City and by the first developer will be
approximately the same as under the present policy. The Initial developer'
ultimate cost, however,, Is substantially reduced, while the City 's ultimate
cost remains approxifmately the same as at present.
This can be illustrated In the case of the 'vapproach main needed to serve
Edgewood Park Addition, being deveiopet by Mr. Jackson. Under the present
sewer extension policy, the total $26,310 cgst of service to the Edggxood
Park Addition is distributed $18,329 to the developer and $7,981 to the
City. Application of +he refund financing me341pds as prescribed by the
attached ordinance would fix the developer's initial cost at $19,940 and
the City's initial (and ultimate) cost at $6,370. The slight reduction in
the City's cost is due to the fsct that cost of the "oversi-ze" portion of
the approach main is property distributed among developers in relation to
the benefit received, rather than being borne entirely by the City as is re-
quired under the present policy. While the developer's ottigiael cost of
$ 17,940 is slightly higher than under the existing policy, he is eligible
for a $9,675 refund as the remainder of the downstream area being served by
the approach main develops. Connection charges paid to the City by
M&C Pwi- 419
July 28, 1961
Page 3
subsequent developers would be refunded in full to the initial developer,
and upon full development of the area, the developer would receive the
tonal $9,675 refund.
It is believed that application of this policy represents a substantial
step forward in providing an equitable means for financing sewer appfosch
mains, and it is recommended that the attached ordinance providing for
application of this approach in the case of the Edgewood park Addition be
adopted. It is further recommended thdt this general financing plan, as
outlined in this communication, be made available for other development
where there are approach main or border main problems. As more experience
Is gained, the administrative staff will continue to study the *verall
sewer approach m6lo problem, to determine if refinements or other proced-
ures can be adopted which will further improve the method of financing
sewer approach mains.
?CIty
tfully submitte ,
LPCtih ookingham
anager