HomeMy WebLinkAboutOrdinance 23531-01-2019ORDINANCE No. 23531-01-2019
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 2,132.41 ACRES SERVED BY
CITY INITIATED SEWER MAIN PROJECT ("CROWLEY DEER
CREEK MAIN -L WASTEWATER COLLECTOR MAIN")
LOCATED WITHIN THE CITY OF CROWLEY NEAR 13421
MCCART AVE; 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 City of Fort Worth entered into City Secretary Contract No. 31496
with the City of Crowley to upsize Deer Creek Wastewater Collection Main -L, within the
City Limits of Crowley, to accommodate future flows from areas within Fort Worth's Extra
Territorial Jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION I.
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, that the City of
Fort Worth participated in a project to upsize Deer Creek Wastewater Collection Main -L
with the City of Crowley located inside Crowley city limits. Further, the City Council
finds that the Crowley Deer Creek Wastewater Collection Main -L will serve a calculated
sewer basin of 2,132.41 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
per acre boundary is located in the City's Extra Territorial Jurisdiction.
SECTION 2.
The City Council finds that the cost to participate in upsizing the Crowley Deer
Creek Main -L Wastewater Collector is $97,370.00. 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
$45.66. This sewer per acre charge will reimburse the City for its cost participation.
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.
" Pr -ROVED AS TO FORM AND LEGALITY:
Ji. 4, A AV)V�- 3 G
Christa . Lopez -R nolds
Sr. Assistant City Attorney
ADOPTED AND EFFECTIVE: January 15, 2019
11/1912018
COPYRIGHT 2018 CITY OF FORT WORTH
.i NAUTHO ROE DR EFRODUCTION IS A VIOLATION OF APPLICABLE LAWB
THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY.
'HE ACCURACY IS NOT TO BETAKEN I USEDAS DATA PRODUCED FOR
ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND
<<URVEYOR THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY
FOR THE ACCURACY OF SAID DATA.
EXHIBIT A:
60CROWLEY DEER CREEK MAIN -L
SEWER PER ACRE CHARGE
$45.66 PER ACRE
FORTWORTH
WATER
N
D i.DSB 2,iao a,2mel
City of Fort Worth, Texas
Mayor and Council Communication
. .. .......
COUNCIL ACTION: Approved on 1/16/2019 -Ordinance INo. 23631-01-2019
DATE: Tuesday, January 15, 2019 REFERENCE NO.: G-19451
LOG NAME: 60CROWLEY DEER CREEK MAIN -L SEWER PER ACRE CHARGE
SUBJECT:
Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of $45.66 Per Acre for a Sewer
Main to Serve 2,132.41 Acres (Crowley Deer Creek Main -L) Located within the City of Crowley Near 13421
McCart Ave 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 ADJACENT TO COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to establish $45.66 as the sewer per
acre charge for the Crowley Deer Creek Main -L sewer main cost participation project authorized by City
Secretary Contract No. 31496, and to establish the basin boundary 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 establish a per acre charge boundary for the Crowley Deer
Creek Main -L Wastewater collection main to serve future flows from the City of Fort Worth's Extra
Territorial Jurisdiction. The cost participation for this project was authorized by the City Council and
established in City Secretary Contract No. 31496. The City's cost participation in this project was
$97,370.00.
The gross acreage of the sewer sub -basin is 2,132.41 acres. By dividing the costs above by the number of
acres in the sewer basin, the per -acre charge for the Crowley Deer Creek Main -L sewer main is $45.66
per acre. There is no restriction to the time period for the reimbursement to the City.
The sewer main is located in the City's Extra Territorial Jurisdiction.
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):
Department ccount�, Project Program ctivity Budget 1 Reference #
ID EE i ID Year I (Chartfield 21,
Logname: 60CROWLEY DEER CREEK MAIN -L SEWER PER ACRE CHARGE Page 1 of 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder (5020)
Wendy Chi-Babulal (8242)
Additional Information Contact: Wade Goodman (7139)
Logname: 60CROWLEY DEER CREEK MAIN -L SEWER PER ACRE CHARGE Page 2 of 2