The URL can be used to link to this page

Home My WebLink AboutOrdinance 23522-01-2019ORDINANCE No. 23522-01-201 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 1,030 ACRES SERVED BY DEVELOPER INITIATED SEWER MAIN PROJECT CPN 01198 TO SERVE EAGLE MOUNTAIN SAGINAW ISD MAINTENANCE, TRANSPORTATION & WAREHOUSE FACILITY LOCATED AT 10201 WAREHOUSE WAY; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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 Eagle Mountain -Saginaw Independent School District (the Developer) is installing a sanitary sewer main (S-15919) under City Project No. 01198 (DOE 6091, X-20792) "Sanitary Sewer Improvements to Serve Eagle Mountain -Saginaw I.S.D. Maintenance, Transportation, & Warehouse Facility" and such sewer main begins at 6,738 linear feet West of 10201 Warehouse Way at sanitary sewer manhole station 68+03 on sewer main M-673* and is extended eastward to the subject s1ite; and WHEREAS, the City requested the Developer to upsize the approach sewer main from 8 inches to 10, 12, and 15 inches in diameter to serve future development of adjacent properties within the sewer sub basin. 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, the Developer is installing 2,561 linear feet of 15 -inch, 3,121 linear feet of 12 -inch, 492 linear feet of 10 - inch, and 564 linear feet of 8 -inch diameter sewer mains to provide wastewater service. Further, the City Council finds that the Sanitary Sewer Improvements to Serve Eagle Mountain -Saginaw I.S.D. Maintenance, Transportation, & Warehouse Facility Project will serve a calculated sewer basin area of 1,030 acres, such sewer basin being more fully described in the attached Exhibit "A", which is attached hereto and made a part hereof for all purposes. This sewer main is located in the City's Extra Territorial Jurisdiction and Council District 7. SECTION 2. The City Council finds that the cost to install the sanitary sewer mains is $425,613.46. 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 hereby establishes the per acre charge within this sewer basin to be $413.22. This sewer per acre charge will be reimbursed to both Eagle Mountain -Saginaw I.S.D. and the Fort Worth Water Department. Percentage of reimbursement will be 92.2% to the Developer and 7.8% to the Water Department. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas, 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. PPROVED AS TO FORM AND LEGALITY: �. L �K I JA Christa . Lopez-FWynilTs Sr. Assistant City Attorney ADOPTED AND EFFECTIVE: January 15, 2019 ATTEST: ' Mary J. Kay er City Secretary 11/6/2018 COPYRIGHT 20IS CITY OF FORT WORTH UNAUTHORIZED REPRODUCTIONS A VIOLATION OF APPLICABLE LAWS THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY, THE ACCURACY IS NOT TO BETAKEN, USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BV AREGISTERED PROFESSIONAL LAND SURVEVOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBIL RY FOR THE ACCURACY OF SAID DATA. EXHIBIT A: 60EMS-ISD MAINTENANCE FACILITY 15 -INCH S-15919 SEWER PER ACRE CHARGE $413.22 PER ACRE FoRTWORTH n WATER. N ti 650 1,300 2,6W� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approvers on 1/15/2019 - Ordinance No. 23522-01-2019 DATE: Tuesday, January 15, 2019 REFERENCE NO.: **G-19447 LOG NAME: 60EMS-ISD MAINT. FACILITY 15 -INCH S-15919 SWR PER ACRE CHARGE SUBJECT: Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of $413.22 Per Acre for a Sewer Main Extension Beginning 6,738 Linear Feet West of 10201 Warehouse Way to Serve 1,030 acres (Sanitary Sewer improvements to Serve Eagle Mountain -Saginaw ISD Maintenance, Transportation and Warehouse Facility) and to Establish the Basin Boundaries, Pursuant to Chapter 35, Article III, Division 3, Sections 35-81 through 35-86 of the City Code (ETJ and COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish $413.22 as the sewer per acre charge for the Eagle Mountain -Saginaw ISD Maintenance, Transportation and Warehouse Facility Project, and to establish the basin boundaries for this per acre charge in accordance with Chapter 35, Water and Sewer, Article III, Division 3, Section 35-81 through 35-86 of the City Code. DISCUSSION: This Mayor and Council Communication is to authorize the establishment of a per acre charge for a sewer main extension (S-15919, City Project Number 01198, DOE 6109, X-20792) to serve the Eagle Mountain - Saginaw ISD Maintenance, Transportation, and Warehouse Facility project and surrounding areas. The Fort Worth Water department requested that the proposed sewer extension be upsized to serve future development of adjacent properties within the sewer sub basin. Sewer main S-15919 is comprised of 2,561 linear feet of 15 -inch, 3,121 linear feet of 12 -inch, 492 linear feet of 10 -inch, and 564 linear feet of 8 - inch diameter sewer pipe which serves a calculated basin area of 1,030 acres. The qualified cost used to establish the Eagle Mountain -Saginaw ISD Maintenance, Transportation and Warehouse Facility sewer extension per acre charge is outlined below: Sewer Main Construction Cost [$425,613.46 The gross acreage of the sewer sub -basin is 1,030 acres, which is depicted on the drainage map attached to the ordinance. By dividing the costs above by the number of acres in the sewer basin, the per -acre charge for the Eagle Mountain -Saginaw ISD Maintenance, Transportation and Warehouse Facility sewer extension is $413.22 per acre. This amount will be reimbursed to the Developer (Eagle Mountain - Saginaw ISD) and the Fort Worth Water Department with 92.2% reimbursed to the Developer and 7.8% to the Water Department. This sewer main meets the criteria established under the per acre charge policy. The maximum reimbursement time period for the developer is 20 years from the construction completion date of this project. There is no restriction to the time period for the reimbursement to the Fort Worth Water Logname: 60EMS-ISD MAINT. FACILITY 15 -INCH S-15919 SWR PER ACRE CHARGE Page 1 of 2 Department. The sewer main is located in the City's Extra Territorial Jurisdiction and COUNCIL DISTRICT 7. 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 city to recapture costs associated with the capital investment in 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 I Reference #Year moun I ID ID ID I ID (ChartField 2) Year FROM Fund Department Accoun Project JProgram ctivity Budget Reference # moun ID I ID Year ChartField 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Chris Harder (5020) Wendy Chi-Babulal (8242) Wade Goodman (7139) Logname: 60EMS-ISD MAINT. FACILITY 15 -INCH S-15919 SWR PER ACRE CHARGE Page 2 of 2