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HomeMy WebLinkAboutOrdinance 5430 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY OF AN PROVIDING FOR, A SANITARY SEWER MAIN PROJECT FROM A POINT IN THE NORTH LINE OF THE PROPOSED GULF, COLORADO AND SANTA FE RAILROAD INDUSTRIAL ADDITION, IN A SOUTHEASTERLY DIREC- TION, TO A CONNECTION WITH SANITARY SEWER MAIN NO. 256 AT THE INTERSECTION OF HULEN STREET AND WEDGWOOD DRIVE; REQUIRING THE DEPOSIT OF A CERTAIN PORTION OF THE ESTIMATED COST PRIOR TO CONSTRUCTION; PROVIDING THAT CERTAIN CONNECTION CHARGES SHALL BE DUE PRIOR TO APPLI- CATION 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 FOR CONSTRUCTION OF THE PROJECT; PROVIDING A SAVING CLAUSE; AND HAVING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE 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 the public necessity requires that a project consisting of a twelve (12") inch sanitary sewer main be constructed from a point in the North property line of the proposed Gulf, Colorado and Santa Fe Railroad Industrial Addition, in a Southeasterly direction, to a connection with sanitary sewer main No. 256, at the intersection of Hulen Street and Wedgwood Drive in Wedgwood Addition; such project being designated in green on the map attached and hereby made a part of this ordinance; for the purpose of providing sanitary sewer service to the Southwest portion of Wedgwood Addition and other such property situated adjacent to or downstream from the Wedgwood Addition, which, when connections are made, will deposit sewage into the sanitary sewer main shown in green on the map attached (the approximate limits of such area being outlined in red 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 connections 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 deter- mined that the onwers of property to be served by the subject sanitary sewer facility shall be required to pay a connection charge. The con- nection charge includes a pro-rata share of the cost of constructing said sewer main, and is hereby determined to be thirteen and sixty-two one-hundredths dollars ($13.62) for each single family residence and/or living unit. In the case of industrial or commercial connections, the connection charge shall be an amount of money equal to the product of the number of acres occupied by such commercial or industrial in- stallation multiplied by forty and eighty-six one hundredths dollars ($40.86). 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 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 here- inabove 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 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 connec- tion charges allocable to all of his building sites. All such refunds shall be paid solely from future con"ttions 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 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, 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 M 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 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Proposed Community Facilities PAGE NUMBER Contract for a Portion of the 8/16/65 G-562 Wedgwood Addition for Z._ Wedgwood Enterprises, acting by and through Mr. Irwin Krauss of the Essex Company, its duly authorized representative, the developer of Blocks 95, 97, 98, 100, 110, 11-R and 112, Wedgwood Enterprises, has executed a proposed contract for the installation of community facilities to serve the area shown on the attached maps. The e4timated cost of the community facilities is as follows: Developer City Total Street Improvements Construction $167,533 $15,577 $183,110 Engineering -0- 18,311 18,311 Street Lights 5,071 1,001 6,072 Sanitary Sewers 59,627 16,489 762116 Water 46,382 13,291 59,673 Total $278,613 $64,669 $343,282 Residential and arterial type street paving with curb and gutter, street lighting, water facilities and sanitary sewers will be installed in accordance with standard policies for the installation of community facilities. No starm drainage is required under this contract. The City's share of the street construction cost is for arterial type paving on Hulen and Trail Lake Drive and for extra width of Hulen Street, in accordance with standard policies. Trail Lake will be built 40 feet wide and Hulen will be 60 feet wide. The City's share of street lighting costs will be for one additional light standard and the difference in cost between incandescent and mercury vapor type lamps on Hulen Street, in accordance with standard policies for the installation of thoroughfare lighting adjacent to residentially zoned new developments. Council action is required on the proposed contract because the developer has requested reimbursement for a portion of his cost of the sanitary sewer approach main to be constructed across land under separate ownership. An ordinance has been prepared which establishes a connection charge for future connections to the approach main. Reimbursement of the original developer from future con- nection charges is in accordance with standard policies for the construction of sanitary sewer approach mains. Recommendations It is recommended: 1) That a bond fund transfer be approved in the amount of $15,577 from Project No. 097-36000-901, Unspecified, to Project No. 097- 36000-130, Wedgwood Addition, to provide forthe City's cost in DATE REFERENCE SUByECT: Proposed Community Facilities PAPE 8/16/65 NUMBfiRC-562 Contract for a Portion of the 2 Wedgwood Addition the construction of arterial type pavement on those portions of Hulen Street and Trail Lake Drive; and, 2) That an ordinance be adopted authorizing reimbursement to the developer of charges for connections to the sanitary fewer approach line to be constructed under terms of the proposed contract. JLB:lp Attach. SUBMITTED BY: DISM$rMN BY COUNCIL: ZU8BY APPROVED ER (DESCi11BE) ff orTIE 0% IMANAGER �'�<r.6