HomeMy WebLinkAboutOrdinance 23538-01-2019ORDINANCE NO. 23538-01-2019
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 3,666.82 ACRES SERVED BY
DEVELOPER INITIATED SEWER MAIN PROJECT M-673*
("CHAPEL HILL SEWER EXTENSION PHASES: 1 & 2")
LOCATED AT 9200 BOAT CLUB RD; 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 II1, 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, Realty Capital Corporation (the Developer) is installing a sanitary
sewer main extension M-673* (X-13735) "Chapel Hill Sanitary Sewer Extension Phases 1
& 2" located at 9200 Boat Club Rd; and
WHEREAS, Fort Worth Water Department requested the sewer main be upsized
to serve future development within the M981X sanitary 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 2,825 linear feet of 27 -inch diameter pipe, 1,913 linear feet of 24 -inch diameter
pipe, 3,574 linear feet of 21 -inch diameter pipe, and 4,320 linear feet of 18 -inch diameter
pipe for a total of 12,632 linear feet of sewer main to provide wastewater service to sub
basin M981X. Further, the City Council finds that the Sanitary Sewer Improvements to
serve Chapel Hill Sanitary Sewer Extension Phases 1 & 2 Project will serve a calculated
sewer basin area of 3,666.82 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 City cost participation to upsize the sanitary sewer
extension is $415,202.00. 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 $113.23. This sewer per acre
charge will reimburse the City.
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:
V-.
Christa . Lopez -R nolds
Sr. Assistant City Attorney
ADOPTED: January 29, 2019
PER ACRE BOUNDARY
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COPYRIGHT 7019 CITU OF FORT WORTH
EXHIBIT A:
FORTWORTH
REPRODUCTIONSVIOLATION
UNAUTHOAISTOBP USED FOR LREPR APPLICABLSENTATM LAWS
THIS DATA I9 roBE USED FOR AGRAPHICAL REPRESENTATKJN ONLY.
60M-673" CHAPEL HILL PH 1 & 2
'"
THEACCURACY IS NOT TO BETAKEN/ USEDAS DATA PRODUCED FOR
SANITARY SEWER PER ACRE CHARGE
WATER
ENGINEERING PURPOSES OR BV AREGLSTERED PROFESSIONAL LAND
SURVEYOR.
N
THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY
FOR THE ACCURACY OF SAID DATA.
$113.23 PER ACRE
0 1,050 2,100 1,700
Feat
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2019 Ordinance -No. 23538-01-A0,19
DATE: Tuesday, January 29, 2019 REFERENCE NO.: **G-19462
LOG NAME: 6OM-673 CHAPEL HILL PH 1 & 2 PER ACRE CHARGE
SUBJECT:
Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of $113.23 Per Acre for a Sewer
Main Extension beginning at 9200 Boat Club Road to Serve 3,666.82 acres (Chapel Hill Sanitary Sewer
Extension Phases 1 & 2) 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 $113.23 as the sewer
per acre charge for the Chapel Hill Sanitary Sewer Extension Phases 1 & 2 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 (M-673*, X-13735) to serve Chapel Hill development. The Fort Worth Water department
requested that the proposed sewer extension be upsized to serve future development of the M981X
sanitary sewer sub basin. Sewer main extension is comprised of 2,825 linear feet of 27 -inch, 1,913 linear
feet of 24 -inch, 3,574 linear feet of 21 -inch, and 4,320 linear feet of 18 -inch diameter pipe for a total sewer
main extension of 12,632 linear feet which serves a calculated basin area of 3,666.82 acres.
The qualified costs used to establish the Chapel Hill Sanitary Sewer Extension Phases 1 & 2 per acre
charge is outlined below:
Project Name Chapel Hill San. Swr. Extension Ph 1 & 2
M&C 19474
Contract
28448
DOE No.
3678
Plan No.
X-13735
City Cost Participation
$415,202.00
The gross acreage of the sewer sub -basin is 3,666.82 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 Chapel Hill Sanitary Sewer Extension Phases 1 & 2 project is $113.23 per acre. There
is no restriction to the time period for the reimbursement to the Fort Worth Water Department.
Logname: 60M-673 CHAPEL HILL PH 12 PER ACRE CHARGE Page 1 of 2
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
Reference #
ID
ID
I
I Year
L (Chartfield 2)
�Mount
and Department ccoun Project JProg
ID ID
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ity Budget Reference # mo
Year (Chartfield 2)
Jay Chapa (5804)
Chris Harder (5020)
Wendy Chi-Babulal (8242)
Wade Goodman (7139)
Logname: 60M-673 CHAPEL HILL PH 12 PER ACRE CHARGE Page 2 of 2