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Home My WebLink AboutOrdinance 5614 ORDINANCE NO. .F6/'/' AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR A SANITARY SEWER PROJECT EXTENDING FROM A POINT IN THE INTERSECTION OF NORTH BEACH STREET AND WHEELER STREET SOUTH IN THE EAST PARKWAY OF NORTH BEACH STREET TO THE SOUTHWEST CORNER OF LOT 13 OF THE MARCHBANK'S ADDITION; REQUIRING THE DEPOSIT OF A CERTAIN PORTION OF THE ESTIMATED COST PRIOR TO CONSTRUCTION= PROS VIDING 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 I 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 requires that a project consisting of a six-Inch sanitary sewer main be constructed In the east parkway of North Beach Street south from Wheeler Street to the southwest corner of Lot 13 Marchbank's Addition, such project being designated in blue on the map attached and hereby made a part of this ordinance, for the purpose of constructing and maintain- Ing an adequate sanitary sewer line providing sanitary service to a portion of lots 3, 4, F and G (all of which make a building site), and lot 13, all to Marchbapk's Addition, and that public necessity re- quires that certain connection and pro-rata share construction cost charges be fixed and determined prior to the construction of such sanitary sewer projects. 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 in- cludes a pro-rata share of the cost of construction of said six-Inch sanitary sewer main and Is hereby determined to be three hundred twenty- eight and eighteen hundredths dollars ($328.18) fec.each single family residence, living unit, and/or commercial connection. SECTION 3 Prior to the construction of the project, an amount of money eiuivalent to seventy-five (75) percent of the total estimated cost of the project shall be deposited with the City. Such deposit shall be applled 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, shalt 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 connec- tion of the building site, on the property hereinabove described, to the sanitary sewer system provided for herein, whichever shall occur first. SECTION S In the event any such property owner, whose real property wlII be served by the subject sewer mains, Initially deposits with the City of Fort Forth an amount In excess of the total connection charges for all pres"t or potential building sites owned by such property owner, he shall be efIsibla for refund of that portion of the deposit in excess of the total amount of the connec- tion charges allocable to all of his building sites. All such refunds shall be paid solely from future connections charge payments deposited by other benefiting building site owners served directly or indirectly by the sanitary sewer mains 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 after ten 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 effect any such ordinance or ordinances except insofar as the provisions of such ordinance or ord.inances 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. SECT ION, 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 unconstitu- tional. 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 1 LU q . 1 WHEELER 57• D w\ All iv TR 56 - G I F , EE'J i W S EC ON ID IV- 4 d� fi o I 13 12 h I S' f -1 50' �Q• , TR. 7 29 2 AC. 28 `�. T R,7 15 AC. 27 .rX/f�%H� S/a�i+�aCj�r • 4 t 1 City of Fort Worth, Texas WNL" BRo Mayor and Council Communication m DATE REFERENCE SUBJECT: Contract for the Installation of PAGE Vo V NUMBER C-758 Water and Sanitary Sewer Facilities to 7/25/66 Serve a Portion of L Q. Tinsley Survey to} �and Marchbanks Addition Amco Enterprises, Inc., acting by and through Harold B. Daley, its duly authorized representative, owner and developer of a portion of tract 7, L. G. Tinsley Survey and Lot 14, Marchbanks Addition, has executed a com- munity facilities contract, for the installation of water and sanitary sewer facilities to serve the subject area, as shown on the attached map. The estimated cost of these facilities is as follows: DEVELOPER CITY TOTAL Water $ 1,447.50 $ 467.50 $ 1,915.00 Sanitary Sewer 1,267.50 412.50 1,680.00 Total $ 2,715.00 $ 880.00 $ 3,595.00 The water and sanitary sewer facilities have been installed under an interim agreement in accordance with standard policies for the installation of com- munity facilities. Paving and storm drainage improvements are installed at this location, and standard policies do not require that the developer install street lights. It is recommended: 1) That an ordinance be adopted authorizing reimbursement of sanitary sewer connection charges in the amount of $328.18 for each future connection; and 2) That the City Manager be authorized to execute the community facilities contract on behalf of the City. JLB:1 p Attach. SUBMITTED BY: D18POSITIO Y COUNCIL: CESSEY PPROVED OTHER (DESCRIBE) f� / Z CITY SECRETARY DATE CITY MANAGER 2 5 196