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Home My WebLink AboutOrdinance 5515 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY OF AND PROVIDING FOR A SANITARY SEWER APPROACH MAIN PROJECT, AN EXTENSION OF SANITARY SEWER WEST IN EASTLAND AVENUE, FROM A POINT MIDWAY BE- TWEEN BURNICE STREET AND WALDORF STREET TO THE WEST QUARTER OF THE INTERSECTION OF RAPHAEL DRIVE AND SAID EASTLAND AVENUE; 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 PER- MIT; PROVIDING FOR REFUNDS OF CERTAIN CONNEC- TION 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 approach main be constructed west in Eastland Avenue from a point in line with the common property line between Sandy Acres Addition and Astoria Addition to the west quarter of the intersection of Raphael Drive with Eastland Avenue in the Eastwood Addition, 5th Filing, said project being designated in blue on the map attached and hereby made a part of this Ordinance, for the purpose of providing sanitary sewer service to the south one-half of Blocks 15 and 16 of the Eastwood Addition, 5th Filing; and such property situated adjacent to or downstream from said blocks 15 and 16 of the Eastwood Addition, 5th Filing, which, when connections are made, will deposit sewage into the san- itary sewer main shown in blue on the map (the approximate limits of such area being out-lined 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 san- itary 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- rate share of the cost of construction of an extension of said sanitary sewer approach main and is hereby determined to be One Hundred Fourteen and Six One-hundredths Dollars ($114.06) for each single family residence, living unit, and/or commercial connection. SECTION 3 Prior to the construction of the project, an amount of money equivalent to seventy-five (75) percent of the total estimated cost of the project will 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 site, on the property hereinabove described, to the sanitary sewer system provided for herein, whichever shall occur first. SECTION 5 In the event any such property owner, whose real property will be served by the subject sewer mains, 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 d^-nosit 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. 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 bq 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 f /7 ppb . �, �• �1 1/ � • f-��'-t � L-5909 � �j► —® - r ��D 4 RG/L ~ IL I to I y ......,b Mf '1 a •. J ♦ L -- ' N • N 1 I ` ` ,t • M O I f-1—�1` / � at }�1r'i' M !— ti • II �f� ` if ' o �w y : — j • '`� 1 a� • 9 I . i•+ M V. 4 II I I !. t/j( • • J ■y 17 1 Y t- 11 � N I `F I , � - � 1C• —N.I-: r f M ■ 44 of is L-4401 - Dho v►, �Or y�'• stet I �u�Jrt C` nte.t, ,! I 1 � i 1 1 N-A-/ 71�N•1f-L 11■rr Nq0 r DovrrnJtred- Trom nevt.l*Prr.en1 1 1o4-s, PP�o�c h Nicy1n • "' Z43 AY Y O^ l v I • Nbfl•/O - III•M MMI' r 10.4 14-14L ' 1—� � • I r 1 I I As�do ,` ,-" • I 71—.k-JTj 7 _ _ 166* 4 Rlk + 1 I w ' T 1. �. d • N� � � 1tT ai T iI �iiTi• T IeT fI�I/T Ie S d^iYMA V a City of Fort Worth, Texas y g Mayor and Council Communicati4n, } DATE REFERENCE SUBJECT: Community Facilities Contract, PAGE NUMBER bots 17R-28R Block 15 and Lots 2g-13R 1/31/66 C-641 Block 16, Eastwood Addition, 5th Filing lot 2 George Mallick, Builder and Developer, developer of the subject area, has executed a proposed contract for the installation of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows : Developer City Total Street Improvements: Construction $ 12,750 $ -0- $ 12,750 Engineering -0- 1,275 1,275 Street Lights 715 -0- 715 Sanitary Sewers 8,100 2,420 102520 Total $ 21,565 $ 3,695 $ 25,260 In addition to the street work covered by the above estimates, the cost of improving Eastland Street a border street, on the assessment basis has been estimated. The developer has deposited $1,045 which is equal to the dif- ference in cost between the total estimated cost for assessment paving of the north one-half of Eastland Street, excluding the intersection which will be City cost, and the maximum amount assessed residential property, which amount can be assessed future ownership adjacent to Eastland Street at the time it is improved. Standard residential street paving with curb and gutter, street lights, and sanitary sewers will be installed in accordance with standard policies for the installation of community facilities. No storm drainage or water facilities will be required under this contract. City Council approval of the proposed contract is required because sanitary sewer facilities will be installed in Eastland Street adjacent to undeveloped land under separate ownership, and the developer has requested that an ordinance be adopted providing for reimbursement of charges for future connections to the sewer line, in accordance with standard policies. OFF1C�Al RECOOO C1T`I SECRETAR`I ��, waRl SEX• DATE REFERENCE SUBJECT: Community Facilities Contract, PAGE NUMBER Lots 17R-28R, Block 15 and Lots 2R-13R, 22 1/31/66 C-641 Block 16, Eastwood Addition, 5th Filing- °f Recommendations It is recommended: 1) That an ordinance be adopted authorizing reimbursement of sanitary sewer connection charges as proposed; and, 2) That the City Manager be authorized to execute the Community Facilities Contract on behalf of the City. JLB:lp OFFICIAL RECORD CITY SECRETAP FT. VORTO9 TEX. SUBMITTED BY: DISPOSITION BY COUNFIL• PROCESSED BY ❑ APPROVEDC� OTHER (DESCRIBE) p� kdosmd owe SAS aaB€> A 1 i�kaLit 'A P* 2e�1 GR� n ;l CITY SECRETARY wto �yA tai . DATE ZMANAGER