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HomeMy WebLinkAboutOrdinance 4504 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY OF, AND PROVIDING FOR, A SANITARY SEWER PROJECT IN BONNELL AVENUE BETWEEN DRISKELL BOULEVARD AND SANGUINET STREET IN THE CITY OF FORT WORTH; PROVIDING FOR SANITARY SEWER SERVICE LINE CONNECTIONS; RE- QUIRING 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 ORDI- NANCE 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 re- quires that a project consisting of a six-inch sanitary seiner main and tventy- four (24) four-inch house service limes be constructed in Bonnell Avenue be- tween Driskell Boulevard and Sanguinet Street for the purpose of constructing and maintaining an adequate system of sanitary sewer mains and appurtenant lines and providing sanitary sewer service to Lots 9 through 18, inclusive, Block 2, Sunset Heights South Addition; Lots 11 through 17, inclusive, Block 30, Arlington Heights Addition, Second Filing; and Lots 21 through 40, in- clusive, Block 31, Arlington Heights Addition, Second Filing, an 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 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 owners of the building sites adjacent to the sanitary sewer facilities herein provided for, the same being specifically designated as Lots 9 through 18, inclusive, Block 2, Sunset Heights Addition, Lots 11 through 171 in- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. clusive, Block 30, Arlington Heights Addition, Second Filing, and Lots 21 through 110, inclusive, Block 31, Arlington Heights Addition, Second Filing, shall be required to pay a connection charge. The connection charge shall include a pro rata share of the cost of constructing said sever main and service lines and is hereby determined to be One Hundred Fifty-five and 86100 Dollars ($155.86) for each such 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 costs of construction of the project herein provided for. SECTION 4. Applicable connection charges not deposited prior to the commence- ment 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 plumbing permit is applied for to allow connection of the building sites hereinabove described to the sanitary sewer system and main provided for herein. SECTION 5. In the event any one of such adjacent property owners initially de- posits with the City of Fort Worth an amount in excess of the total connection charges for all 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 adjacent building site owners served 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 twenty this project after/:9F years from the slate of the passage of this ordinance. 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Mr. Morphia WAS PRESENTED TO TIM,, CITY COUNCIL TEXAS AND WAS APROVED O FFI C E O F THE C I T Y v Communication to Mayor and Council NO. pW 1-420 W city Secretary July 28, 1961 CITY Honorable Mayor and Members of the City Council Re: Request for Construction of City of Fort Worth Sanitary Sewer to Serve the 4800 Block of Bonnell Street Mrs. McKnight and Gentlemen: The developer of the above referenced property has requested sanitary sewer service needed for residential development. The sewer that will be constructed to serve this developer's eleven building sites ( 12 lots) will also directly serve 13 other building sites composed of 25 lots, but the owners of these lots thus far have declined to pay any of the cost of this sewer. The current developers' policy requires that the developer making the request for service pay 75 per cent of the cost of sewers needed to serve his development, plus 10 per cent for engineering and miscellaneous expenses, plus 100 per cent of the cost of 4-inch service lines to each of his lots. This project is an illustration of the existing deficiency pointed out to the City Council when current policies for installation of community facili- ties were adopted, which causes inequities such as this where one developer pays the cost of providing utility service for another developer. In this case, three course of action are listed below with comments as to the results of each: I . Apply present ogligies - Under the terms of the present policy,, the developer will be required to pay 75 per cent of the cost of the sewer line necessary, plus 10 per cent for -engineering and miscel- laneous expenses, plus 100 per cent of the cost of 4-inch service lines to his building sites. Under this policy, the developer's portion of the estimated $4,243.43 total cost would be $3,233.57. As previously stated, 13 lots not owned by the developer making this request also would be directly served by this sewer, and under existing policy would be allowed to connect to the sewer without paying any of the cost of the sewer. Also, this solution does not settle the problem as to who will assume the cost of 4=inch service lines to the 13 building sites not now being developed. These lines should be constructed before Bonnell Street is paved. 2. Base developers' cost on construction route requiring ,Jess initial cost - As illustrated on the attached map, it is possible to sewer the subject property by extending a line in Eldridge Street, from` an existing manhole approximately one-half block south of Bonnell , north to Bonnell Street, thence east in Bennell Street to serve the M&C PMI- 420 July 28, 1961 Page 2 lots designated above. The estimated cost of this constt'uction Is $2,581 .49, including 10 per cent for engineering and miscellaneous expenses, and the required 4-inch service lines. The developer's share of the cost under this plan would be $ 1,987. 12. Although the sewer-connection in Eldridge Street as illustrated by the green line is the shortest sewer capable of providing the desired service, it is not a desirable construction route from an engineer- ing standpoint because: (a) Constructioh of lines at this location will require two minimum radius curves in the line, which almost inevitably create expensive maintenance ptoblems. (b) This line would be so shallow at the Intersection of Bonnell Street and Eldridge Street that special measures would be re- quired to prevent its being damaged by construction of the pro- posed paving on Benneil Street. Therefore, the proper location of a sewer to serve the properties re- quested is in Bonnell Street from Driskell Boulevard east to Sangui- nett. One possibility is to construct the sewer in Bonnell Street in accordance with good engineering practice, but to base the developer's participation on the cost of constructing the sewer over the shortest possible route. This alternate'solution, while it gives relief to the developer by reducing his cost, would merely shift the burden of the inequity to the city-at-large, `which would pay the full cost for sewer service to the other property. Further, it does not solve the problem as to who shall pay for the 4-inch service lines to be constructed to serve the 13 building sites not now being developed. 3. Establish a oro-rata charge fgr oroRerty owners wishing to connect to thisewer- Authority exists under Sec. 29 of Article 1175 of the State Statutes to construct improvements within the city and provide that the cost of the improvements shall be paid for by owners of property especially benefited. Under the terms of this statute, it is possible to adopt an ordinance providing for the construction of sewer lines to serve particular property, and providing that any of the benefiting property owners desiring to use such sewers would pay a proportionate share of the cost of the project on a unit basis, in the form of a pro-rata connection charge to be paid upon issuance of a plumbing permit for construction on the various building sites benefiting. It is suggested that the developers' cost for such extensions should be 75 per cent of the cost of the sewer main and 100 per cent of the cost of the 4-inch service to his properties, with the remaining cost being borne by the city-at-large, as provided by present sani - tary sewer extension policy. In order to guard against specualtion 9 M&C PW1- 420 July 28, 1961 Page 3 by the City, it is further recommended that before any construction is started for projects under this plan, that 75 per cent of the total project cost be deposited with the City by benefiting property owners. This amount would then be credited against subsequent pro rata connection charges that would be due. Inasmuch as all proporty owners should eventually pay their pro rota share of the cost of the main, it is possible under this plan fo include the 4-inch service lines in the project, and equitably distribute the cost of these lines as connection charges are collected. This will eliminate the need to make numerous street cuts when the remaining property is eventually developed. Applying this financing plan to the development under consideration, the total cost of the sewer line in Boenell Street between Driskell Boulevard and Sanguinet Street, plus service lines, is estimated to be $4,750.57, including $507 for 13 service lines for which immediate connection has not been requested. Subtracting $ 1 ,010 as the City's share of the -cost, the pro rata charge for serving the 24 building sites involved is $ 155.86 per connection. The developer requesting construction of this sewer line owns 11 of the 24 lots to be served, making his total ultimate cost participation $ 1 ,714.46. If the other property owners benefiting from the sewer do not deposit a portion of the 75 per cent of the project cost required to proceed, the developer in question may find it necessary to deposit an additional $ 1 ,848.04, butthis amount would be refundable as the lots served are developed. SUMMARY It is recommended that construction of the requested sewer extension proceed under Alternative Three outlined above. Both the City's investment and the eventual cost to the initial developer are kept within reasonable bounds, and provision is made for a subsequent developer to pay his rightful share of the cost. Attached is a proposed ordinance which would provide for in- stallation of the sewer on the basis outlined in Alternative Three. Respectfully submitted, LPC: ih L. P. CooAh City Manager attachment SECTION 6. The applicable provisions of this ordinance shall be incorporated in the developer's contract providing for the installation of the sever fa- cilities under consideration in this ordinance. 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 construc- tion, installation and connection charges of sanitary sever 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 ordinance or ordinances shall be and are hereby repealed. SECTION 8. If any section, subsection, 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 sec- tion, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, 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: Is, 67 ce_�� L S. G. Johndroe, Jr., City Attorney THF. STATE OF TEXAS COUNTY OF TARRANT I, ROY A. BAT31AN, City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 4504 , duly presented and unanimously adopted by the City Council of the City of Fort "Worth, Texas, at a regular session held on the lit__hday of August _, A. D., 19.±—l—, as same appears of record in the Office of the City Seerataicy' ;�, �<)ftTNSS6•°1 A1VA and the Official Seal of the City of Fort Worth, '> Texasj this the. 18th day of t , A. D., 19 61 . I of 4, :, ecaretary of the City of FORT WORTH, TEXAS VU -6MSCRIBED and sworn to before me this the 18th day of August, LANELL F RIESEN, Notary Pubrm rrant County: Texas {.: t�� ���.' Notary Public in and for r.,,.`�'�►\�t a TARRANT COUNTY, TEXAS y.- t STATE OF TEXAS COUNTY OF TARRANT L MELVIN "MEV' FAT TLK.Cf County Cru MrMt County,Texas,do he,-r=' cov, f,,• thee' Ore above wKL-- im instrument with A3 _: a -tio:n �Pa'�he registration in m'# AUG 2 YAC„ a $doc .and dttly imus"WX� 6 1961 19, b'clock42&I. in Va ,fa,t zoocd of im aid County. -. WITNESS my hand anfl seal`bI tOffrct, at Pout War* the Ary Sad date lest above written. MELVIN "MEL" FAULK Gerk County Court,'(t'•armt Conn ,' , ca ` . ' Aa313 A. H LO 1 8t ti f9� Wd if 8l Ana - - A s SyXal'�llNtt �1NVb!!V.! � QQp,4'$ m