HomeMy WebLinkAboutOrdinance 5214 61051� 50RD INANCE NO. j�f
AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING
FOR A SANITARY SEWER MAIN PROJECT FROM A POINT AT THE
INTERSECTION OF WASHER AVE. AND GRANBURY ROAD, THENCE
SOUTHWESTERLY AND PARALLEL TO GRANBURY ROAD TO WINKLER
WAY, THENCE SOUTHEAST IN DRAINAGE EASEMENT TO DAN
DANCIGER JEWISH COMMUNITY CENTER SITE REQUIRING THE
DEPOSIT OF A CERTAIN PORTION OF THE ESTIMATED COST
PRIOR TO CONSTRUCTION; PROVIDING THAT CERTAIN CONNECT-
ING CHARGES SHALL BE DUE PRIOR TO APPLICATION BEING
MADE FOR A PLUMBING PERMIT; PROVIDING FOR REFUNDS OF
CERTAIN CONNECTION CHARGES; INCORPORATING THE APPLI-
CABLE 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 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 at 'he intersection of Washer Ave. and Granbury Road, thence
southwesterly and parallel to Granbury Road to Winkder Way, thence southeast
in drainage easement to Dan Danciger Jewish Community Center Site,; such
project being designated on the map attached and hereby made a part of this
ordinance, for the purpose of providing sanitary sewer service to the Dan
Danciger Jewish Community Center Site, and such other property situated
adjacent to or downstream from the tract, which, when connections are made,
will deposit sewage into the sanitary sewer main shown 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 determined prior to the construc-
tion 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 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 Thirty-five and Thirty-one One-hundredths
Dollars ($35.31).
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 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 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 elibible 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 subse-
quent 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 construc-
tion, 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 provi-
sions 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
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 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 on record with the County Clerk of Tarrant County, Texas.
APPROVED AS TO FORM AND LEGALITY:
S. G. 17ndroe, Jr., City Attorney
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COUNTY OF TARRANT
L W. G "RED" COWEN, Cleric County Court of Tarrattf
County.Texas, do h•r ;,y ce,Mfy,,tbat the, shura and-forr6411*
instrument with its Certificate or autk eptication. was Mod &A
registration in my officio....N5
...... . 1964 � l9,_,, at a 3 6_
e'clocA�nL and duly recorded onAUG 2.7.196419
eclock-lk in VoLSs"page.il_. — of record ok
for•said'IEopntx. I ,
WITRtSS niy hand and seal of office, at Fort Wortiii, tbY
au4 date Oast above written.
W. G "RED" COWEN
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City of .Fort Worth, Texas �.
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Mayor and Council CommunicatIftawaft
DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community Facilities - Jewish 2
8/3/64 C' +6 Community Center i of
Dan Danciger Jewish Community Center, acting by and through Mr. I. E. Herwitz,
its duly authorized President, has executed a proposed contract for the in-
stallation of sanitary sewers, streets, storm drains, and street lights, for
the Dan Danciger Jewish Community Center, a tract of land adjacent to Old Gran-
bery Road. The estimated cost of these community facilities are as follows :
Total Developer City
Street Lights $ 231.00 $ 231.00 -0-
Sanitary Sewers 22,030.00 17,030.00 $ 5,000.00
Totals $22,261.00 $17,261.00 $ 5,000.00
Sewers and Street Lights
Sanitary Rewers and street lights will be installed in accordance with
standard policies for the installation of community facilities in new subdivi-
sions. The sanitary sewer cost also provides for An approach main for which
a per connection deposit charge of $35.31 for future connections would be
established by ordinance. Refunds up to $12,041.87 would be due to the
developer in accordance with standard approach sanitary sewer main policy.
Storm Drainage
The developer proposes to beautify and sod a natural drainage channel
across the 20 acre tract, of which only a 3 acre portion is being fully
developed at this time. It is anticipated that most of the land will remain
as open space and not require lined channels or a closed system. Construc-
tion and maintenance of the natural channel will be on private propertyrarid
done at the full expense and responsibility of the developer. By terms of
the proposed contract, the City is free of any and all liability in connec-
tion with the operation of the system as described, and the developer agrees
to assume complete responsibility for any additional storm drain improvements
that may become necessary to serve the tract in the future.
In addition to the channel improvements, the developer agrees to dedi-
c to a ten foot wide drainage easement and pay one-half of the cost of con-
s ruction of the drainage facilities bordering a separate ownership along the
rth line of the ttact, whenever the facilities are determined to be neces-
s ry by the City in conjunction with the improvement of the adjacent property
W
ich is now vacant. The easement extends westward from Trail Lake Drive to
t e dedicated public drainage easement in Wedgwood Addition.
IS Teets
The developer acknowledges in the contract his responsibility for
participation in the assessment paving of Granbury Road, a border street, in
accordance with standard policies, at such time as the City determines the
necessity and initiates the paving project on the assessment basis.
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'DATE REFERENCE SUBJECT: Contract for the Installation of PAGE
NUMBER Community Facilities - Jewish 2 2
8/3/64 C-3<+6 Community Center °�
It is recommended:
1) That the City Manager be authorized to execute the contragt, on
behalf of the City;
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2) That an ordinance be adopted establishing an approach Ind iii; 'per. .
connection charge for the sanitary sewer serving the Center, and
providing for refunds of certain connection charge deposits as .
described above; and,
3) That the financing of the City's portion of the sanitary sewer
costs be recommended at the time the contract is awarded.
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RECORD
RETARY
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SUBMITTED BY: DISPOSITION B UNCIL: ,,,- PROCESSED BY
PROVED [ VfMER (DESCRIBE)
dITY SECRETARY
DATE
CITY MANAGER �� G