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Home My WebLink AboutOrdinance 22565-01-2017 ORDINANCE NO. 22565-01-2017 AN ORDINANCE ADOPTING A PER ACRE CHARGE IN ACCORDANCE WITH CHAPTER 35, ARTICLE III, DIVISION 3, SEWER PER ACRE CHARGES, SECTIONS 35-81 THROUGH 35-86 OF THE CITY CODE, FOR THE 2550 ACRES SERVED BY APPROACH SEWER MAIN MORNINGSTAR DEVELOPMENT OFF-SITE SANITARY SEWER FROM 0+24.44 TO STA. 102+28.25; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 14, 2002, the City Council adopted City of Fort Worth Ordinance No. 15095 providing for the adoption of per acre charges when certain criteria are met, codified as Chapter 35, Article III, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code; and WHEREAS, FG Aledo Development, hereinafter referred to as "Developer", is constructing or is participating in the construction of an approach sewer main to serve the Morningstar subdivision (formerly Cavallo Park) that: 1. will be at least one mile in length; 2. will serve a subdivision of 737.23 acres, which is equal to or less than one-third (1/3) of the calculated sewer basin area to be served by the approach sewer main, such calculated sewer basin area being 2550 acres; and 3. will be serving a sewer basin area that is equal to or greater than 1,000 acres. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Ordinance No. 22565-01-2017 Page 1 of 3 SECTION 1. The City Council finds, in accordance with Chapter 35, Article III, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code, FG Aledo Development is constructing or participating in the construction of an approach sewer main to provide wastewater service to Morningstar Subdivision and that such approach sewer main is approximate 10,200 L.F. in length. Further, the approach sewer main, Morningstar Offsite Sewer 0+24.44 to sta. 102+28.25 will serve the Morningstar Subdivision, which consists of 737.23 acres, which is less than or equal to one-third of the calculated sewer basin area, such calculated sewer basin area being 2550 acres. The calculated sewer basin boundary is more fully described in attached as Exhibit "A". SECTION 2. The City Council finds that the Developer's cost for this sewer main is $3,283,821.57. In accordance with Chapter 35, Article III, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code, the City Council further establishes the per acre charge within this sewer basin to be $1,287.77. The percentage of the per acre charge collected that will be eligible to be reimbursed to FG Aledo Development shall be 58.4% and to the City of Fort Worth shall be 41.6%. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Ordinance No. 22565-01-2017 Page 2 of 3 SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be effective upon adoption. The reimbursement time period shall be 10 years from the adoption date of this ordinance. If the Developer has not recovered its share of the development costs, the Developer may request that the City continue to collect the sewer per acre charge for additional ten years. APPROVED AS TO FORM AND LEGALITY: C' r-. J�-t�ti — � .C: 2/ 4144- l 7''' U Chrisrina Reynoldso Assistant Cit ttorney Plonald P. Gonzales Assistant City Secretary ADOPTED: January 24, 2017 Ordinance No. 22565-01-2017 Page 3 of 3 7r- .7, BAMN I MS) (ZAM-1-An 4Nq, ji FORD ROAD ul vx ............. FORT WORTH Morningstar Development OFF-SITE SEWER MAIN UTLE k, ARYS CREEL(DRAINAGE AREA M- mom En�¢w Inc City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/24/2017 - Ordinance No. 22565-01-2017 DATE: Tuesday, January 24, 2017 REFERENCE NO.: **G-18926 LOG NAME: 60MORNINGSTAR DEV PER ACRE CHARGE SUBJECT: Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of$1,287.77 Per Acre for Sewer Main(s) Serving Morningstar Development and Surrounding Area and to Establish the Basin Boundaries, Pursuant to Chapter 35, Article III, Division 3, Sewer Per Acre Charges, Sections 35-81 Through 35-86 of the City Code (MUD, ETJ) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish the sewer per acre charge for the sewer main(s) in the amount of$1,287.77 per acre to serve customers in the Morningstar Development and surrounding area and to establish the basin boundaries, in accordance with Chapter 35, Water and Sewers, Article lll, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code. DISCUSSION: Morningstar Development Off-site Sanitary Sewer will be installed by FG Aledo Development, the developer for Morningstar (formerly Cavallo Park, PP13046), a 737.23 acre development. The sewer main is approximately 10,200 linear feet and provides service for 2,550 acres. The mains meet the three main criteria established under the per-acre charge ordinance, which are: 1. The approach sewer main is at least 1 mile in length. 2. The sewer basin area to be served is at least 1,000 acres; and 3. The proposed development is less than or equal to 1/3 of the calculated sewer basin area served by approach sewer main. The costs included in the calculation for determining the per-acre charges are the approach main engineering, easement and construction. These costs were provided by the developer and consultant and then confirmed by Water Department staff. Engineering Easement Construction Company Name cost cost cost Total Morning Star Development[$-196,735.001$193,494.001$1,527,68 $1,917,909.00 City of Fort Worth Water $0.00 $0.00 $1,365,913.00 $1,365,913.00 Department _ Grand Total $196,735.00 $193,494.00 $2,893,594.00 $3,283,822.00 The gross acreage of the sewer basin served by this main is 2,550 acres, which is depicted on the boundary maps attached to the ordinance. The per-acre charge is then calculated by dividing the cost by the number of acres in the sewer basin being served by the approach main. Logname: 60MORNINGSTAR DEV PER ACRE CHARGE Page 1 of 2 The percentage of the per acre charge that will be reimbursed to FG Aledo Development is 58.4 percent, and to the City of Fort Worth is 41.6 percent per the Community Facilities Agreement cost-sharing ratio. The reimbursement time period is ten years from the approval date of this ordinance. If a developer has not recovered its share of the development costs, the developer may request that the city continue to collect the sewer per acre charge for an additional ten years. The reimbursement will be to FG Aledo Development. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the Water and Sewer Department is responsible for the collection and remittance of funds under this Agreement. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Wendy Chi-Babulal (8242) Logname: 60MORNINGSTAR DEV PER ACRE CHARGE Page 2 of 2