HomeMy WebLinkAboutOrdinance 5006 �/v a' Jo o L.
AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR
A SANITARY SEWER MAIN PROJECT FROM A POINT IN THE INTER-
SECTION OF MARBURY DRIVE AND WAYLAND DRIVE EAST AND SOUTH TO
A JUNCTURE WITH SANITARY SEWER MAIN M-270 AT ITS JUNCTURE WITH
SANITARY SEWER LATERAL L-6360; 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 A SAVING CLAUSE; AND HAVING 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 the public necessity requires
that a project consisting of a sanitary sewer main be constructed from a point
in the intersection of Marbury Drive and Wayland Drive east and south to a
juncture with sanitary sewer main M-270 at its juncture with sanitary sewer
lateral L-6360, such project being designated in blue on the map attached
and hereby made a part of this ordinance, for the purpose of providing sani-
tary sewer service to portions of Blocks 90, 91, 92, 99, and 100, all in
South Hills Addition, and other such property situated adjacent to or downstream
from said portion of South Hills Addition which, when connections are made,
will deposit sewage into the sanitary sewer main shown in blue on the map (the
approximate limits of such area being outlined in dashed line on the map attached);
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, 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 sanitary sewer facility shall be
required to pay a connection charge. The connection charge includes a pro-
rata share of the cost of construction of said sewer main, and is hereby deter-
mined to be Twenty-Six and Fifty-Three One-Hundredths Dollars ($26.53) for each
single family residence, living unit, and/or commercial connection.
SECTION 3.
Prior to the construction of the project, an amount of money equiva-
lent to seventy-five per cent (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 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 applica-
tion 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 construction of the project. No
refund shall be made on this project after twenty years from the date of passage
of this ordinance.
SECTION 6.
The applicable provisions of this ordinance shall be incorporated into
the developer'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.
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 or inconsistent or in conflict with the provisions of this ordinance,
in which instance or instances such conflicting provisions 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 ordi-
nance 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 declared
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:
S. G. Johndroe, Jr., City Attorney
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City of Fort Worth, Texas -0116 "
Mayor and Council Communicatift�."*
DATE REFERENUMBER SUBJECT: Proposed Developer's ContractPAGE
,
8/15/63 C-128 Blocks 90®92, 99, 100, South Hills Add. io> 1
The Westcliff Company, Inc., has signed a proposed developer's contract for
sanitary sewers,`street improvements, and street lights to serve Blocks 90-92,
99 and 100, South Hills Addition; No storm drains Are required under this
contract. The estimated costs of these facilities are as follows:
TOTAL, DEVELOPER C1w
Street Improvements
Construction $55,000.00 $55,000.0 $ -0-
Engineering 1,000.00 -0- 3,000.00
Street Lights 3,410.00 3,410.00 -0-
Sanitary Sewers 38,392.76 29,860.88 8,,531088
TOTALS $99,802.76 $88,270.88 $11,531.88
Includes $3,240 for services, and $1,025.26 for connection to a main
installed by a previous developer which will be paid by the City to that
developer.
The City's street engineering costs will be paid from Project No. 97-FG-501,
Miscellaneous Street Engineering. The sanitary sewer facilities include con-
struction of an approach main which has a potential for 364 future connections,
in addition to those included in the addition. The proposed contract provides
for adoption of an ordinance establishing a charge of $26.53 for each such
connection. Recommendations for financing the City's sanitary sewer cost will
be made when the construction contract is awarded.
It is recommended that the City Manager be authorized to execute the proposed
contract on behalf of the City, and that an ordinance be adopted establishing
the charge of $26.53 per connection to the sewer approach main.
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SUBMITTED BY: DISpOSI8Y COUNCIL: PROC4SEAYRY
APPROVED OTHER (DESCRIBE)
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53 :Ylf ce to emw ftvwama DATE
CITY MANAGER