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Home My WebLink AboutOrdinance 22823-08-2017 ORDINANCE NO. 22823-08-2017 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 1442 ACRES SERVED BY AN 18 INCH APPROACH SEWER MAIN TO WALSH RANCH PH 1C DEVELOPMENT FROM 00+00 TO STA. 100+00; 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 further amended by City Ordinance No. 21251 on or about May 20,2014; and WHEREAS, the City of Fort Worth, hereinafter referred to as "Developer", is constructing an 18 inch approach sewer main to serve a sewer basin area of 1,442 acres. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: 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, Developer is constructing or participating in the construction of an 18 inch approach sewer main approximate 10000 L.F. in length. Further, this approach sewer main from 0+00 to sta. 100+00 will serve Walsh Ranch Phase IC and the surrounding area, which consists of 1,442 acres. The calculated sewer basin boundary is more fully described in attached as Exhibit "A". SECTION 2. The City Council finds that the cost for this sewer main is $1,232,371.85. 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 $854.63. 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 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. Ordinance 22823-08-2017 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: CITY SECRET ChristA. Lopez-Reyholds ary s r Sr. Assistant City Attorney ADOPTED: Auiust 15, 2017 Ordinance 22823-08-2017 oa»aaoa roan-a ma xouwatn Lm aetaa aarsam®xaa aama a � o w e i rn o � m0 5 w a t w z � ED ' x/('11 7; 0 � 1111/I I � I,t1�/_� I1..�.�� \i �� \�I1 ,Ill ,11111 Te +q " s )Vk e� � / ,�\ f l — ;11) 3 s u s e �.�_-•_ \\� ��-„-.` .\•� \1`� ;%i�s�-fes_ -/11}�jj1 / -� t �� =b a j/ { � �\\ ��/ �1�) a � �`�� '�` rl'' — •� S\ �� Ill � z a E 10 ,(i� i � //llJi°�'- SII `'=/// ( �,i r��,��'�':•�; � i��'"�i±' :/ � a�m., z 11111 iAtg- cu rn cn - ; f0 N c cCO F a 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/15/2017 - Ordinance No. 22823-08-2017 DATE: Tuesday, August 15, 2017 REFERENCE NO.: **G-19068 LOG NAME: 60WALSH RANCH PH1C SEWER PER ACRE CHARGE SUBJECT: Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of$854.63 Per Acre for 18-Inch Sewer Main Serving Walsh Ranch Phase 1C 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 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish the sewer per acre charge for an 18-inch sewer main in the amount of$854.63 per acre to serve customers in the Walsh Ranch Phase 1C and surrounding area (see attached drainage map exhibit) and to establish the basin boundaries, in accordance with Chapter 35, Water and Sewers, Article I II, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code. DISCUSSION: The City of Fort Worth constructed the18-inch sewer main starting from the Parker County and Tarrant County line with connection to the existing 36-inch sewer main S-15313. The 18-inch sewer main was installed under the Walsh Ranch Sanitary Sewer Extension Phase 1C project as shown in the table below. The costs displayed below are eligible costs for the per acre charge calculation. The costs included in the calculation for determining the per acre charges are the engineering, survey & P.M., easement, and construction. These costs were provided by the developer and consultant, and confirmed by Water Department staff. Walsh Ranch Phase 1C Sewer Main DOE 4160 F em No. Description Cost M&C & City Secretary [Acres Cost Per Contract Acre 1 Construction Cost $882,189.101 C-25181 F1,442 2 rCuorvey Cost & P.M. $33,000.00,000.00 C-25181 3 Change Order No. 1 $30,227.30 CSC No. 42713-001 I [F IT lChange Order No. 2 $60,314.45 CSC No. 42713-CO2 5 Engineering Cost $168,191.00 CSC No. 29013 6 Easement Cos# $19,750.00 CSC No. 29013 F I F— F– —I— Logname: 60WALSH RANCH PHI SEWER PER ACRE CHARGE Page 1 of 2 17 33830-Al 1 $38,700.001 CSC No. 33830- Al STotal $1,232,371.85 1,442 4 $854.63 The gross acreage of the sewer basin served by this main is 1,442 acres, which is depicted on the drainage map attached to the ordinance. The per acre charge is then calculated by dividing the total cost by the number of acres in the sewer basin being served by the approach main. The percentage of the per acre charge that will be reimbursed to the City of Fort Worth is 100 percent. The sewer per acre charge is $854.63 per acre in accordance with City Code Section 35- 84. This amount will be reimbursed to the Water Department. This sewer main meets the criteria established under the per acre charge policy. The adoption of this charge is in accordance with the City Code and Water Department policies. There shall be no time limit for the City to recover its own development cost for City-initiated projects or the City's participation cost in a developer-initiated approach sewer main project. The City shall cease collection of the sewer per acre charge when the City's cost has been fully recovered per Division 3, Sewer Per Acre Charges, Section 35-85 Assessment and Payment of the Per Acre Charge. The sewer main is located in COUNCIL DISTRICT 3. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the establishment of this per acre fee will allow the Water Department to recapture costs associated with the capital investment of sewer lines. 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: Kara Shuror (8819) Additional Information Contact: Esteban Perez (8428) Logname: 60WALSH RANCH PHI SEWER PER ACRE CHARGE Page 2 of 2