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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 _ AS Mi m SANITARY SEWER EXTENSAir- 711 ,� =16 12/6/2018 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