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Home My WebLink AboutOrdinance 23162-04-2018 ORDINANCE NO. 23162-04-2018 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 21.44 ACRES SERVED BY AN 8 INCH APPROACH SEWER MAIN TO KELLER PARK VISTA DEVELOPMENT FROM 00+00 TO STA. 13+13.14; 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 8 inch approach sewer main to serve a sewer basin area of 21.44 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 111, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code, Developer is paying for the total cost of the construction of an 8 inch sewer main approximate 1313 L.F. in length. Further, this approach sewer main from 0+00 to sta. 13+13.14 will serve the Keller Park Vista development and surrounding Park Vista Addition, which consists of 21.44 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 $286,363. 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 $13,356.49 SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be effective upon adoption. The reimbursement time period shall be 10 years from the adoption date of this ordinance. If the Developer has not recovered its share of the development costs, the Developer may request that the City continue to collect the sewer per acre charge for additional ten years. PPROVED AS TO FORM AND LEGALITY: ATTEST: Christa . Lopez-ReynoldjMary J. r Sr. Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: April 3, 2018 i 5�v++w .1.-1•.wdi A• AwUI PROJECT ?a�t" �h • LOCATION ^a^ vows". a 'how s 'L w—.WSM k i rhkw ..N 4 tiniNllr �' � a4rM �tar..w ow+�� r.�• t �..QW.•d ` .w.w.cti.r.a.a y, WA pMd wmm1 rd S wars. • r o...ra +A. .Jg T . - , { f! 4 = `R v '$ p raSHdir AidLedMhURVPM wf J Cw.sb waft .... i• s.wwnr.r LOCATION MAP N.T.S. MAPSCO NO. 23-W 5951 Park`Dista Cir Block 5 Lot 7 Exempt from Sewer " y Pere Acre — -- 5901 Park Vista Cir Block 5 Lot 8 Exempt from Sewer Per Acre i= d.1 _ ° � t 4• y..l� i i` Sam . y y g vGl DTHOMAS 111 .t It sR City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/3/2018 -Ordinance No. 23162-04-2018 DATE: Tuesday, April 3, 2018 REFERENCE NO.: **G-19260 LOG NAME: 60KELLER PARK VISTA SUBJECT: Adopt Ordinance to Establish the Sewer per Acre Charge in the Amount of$13,356.49 per Acre for Eight- Inch Sewer Main Serving 21.44 Acres of the Park Vista Business Park Addition 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 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish the sewer per acre charge for an eight-inch sewer main in the amount of$13,356.49 per acre for an eight-inch Sewer Main serving 21.44 acres of the Park Vista Business Park addition and surrounding area and to establish the basin boundaries, in accordance with Chapter 35, Water and Sewers, Article III, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code. DISCUSSION: Keller Park Vista, Inc., constructed the eight-inch sewer main in Park Vista Circle south of Kroger Drive extending it east from existing 12-inch sewer main S-15366. The eight-inch sewer main was installed under the Keller Park Vista Circle project (City Project No. 100551) as shown in the table below. The costs displayed below are eligible costs for the per acre charge calculation. There will be two lots exempt from this sewer per acre charge per the attached exhibit. The costs included in the calculation for determining the per acre charges are the engineering, design and construction. These costs were provided by the developer's consultant and confirmed by Water Department staff. Item Cost[Description City Secretary Acres Cost Per NoContract No Acre I ' Construction Cost 1$254,063.001 49115 21.44 I F Engineering Cost 50 $10,500.00 - - - Percent Upfront 3 Engineering Cost 50 $10,500.00 F - - - Percent Close Out IDesign 1 $6,850.001 -- - �- - F5 Redesign _ $4,450.001 - F-1 - Total 1$286,363.001 - 21.44 $13,356.49 Logname: 60KELLER PARK VISTA Page I of 2 The gross acreage of the sewer basin served by this main is 21.44 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 Keller Park Vista Inc., is 100 percent. The sewer per acre charge is $13,356.49 per acre in accordance with City Code Section 35-84. (see attached drainage map exhibit) 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. Refunds shall be collected for a period of 10 years. 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 an additional 10 years per Section 35-85 Assessment and Payment of the per acre charge. The sewer main is located in COUNCIL DISTRICT 2. 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 Developer to recapture costs associated with the capital investment of sewer lines. Upon approval, the Water Department has the responsibility to collect fees under this ordinance. 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: Chris Harder (5020) Additional Information Contact: Esteban Perez (8428) Logname: 60KELLER PARK VISTA Page 2 of 2