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HomeMy WebLinkAboutOrdinance 23604-03-2019ORDINANCE No. 23604-03-2019 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- 8E OF THE CITY CODE, FOR THE 1,804.96 ACRES SERVED BY DEVELOPER INITIATED SEWER MAIN PROJECT CPN 02279 ("THE BRIDGES PHASE 1") LOCATED AT 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, LGI Homes — Texas, LLC (the Developer) is installing a sanitary sewer main (S-17254) under City Project No. 02279 (DOE 7224, X-22666) "The Bridges Phase I". Sewer main begins at the City Limit line between the City of Crowley and City of Fort Worth near 13421 McCart Ave; and WHEREAS, Fort Worth Water Department requested sewer main be upsized to 18- 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 854 linear feet of 18-inch diameter sewer main to provide wastewater service. Further, the City Council finds that the Sanitary Sewer Improvements to Serve The Bridges Phase 1 Project will serve a calculated sewer basin area of 1,804.96 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. SECTION 2. The City Council finds that the City cost participation to upsize the sanitary sewer extension is $5,506.20. 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 $3.05. This sewer per acre charge will reimburse the Fort Worth 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 S. This ordinance shall be effective upon adoption. PROVED AS TO FORMi AND LEGALITY: Christa kI . Lopez-Reyn lds 4ary J. K r Sr. Assistant City Attorney City Secretary ADOPTED: March 19, 2019 11 /19/2018 1 �F oar EXHIBIT A: TI WORTH 4 A . 60THE BRIDGES PH 1 S-17254 / \ A I O,EO DFE t LkFFRE ,Fll SEWER PER ACRE CHARGE ���111 iEa <iiu :nn r� i«u i co o,�T r ❑ic ❑F�a �y'"�[.,�^.�� r� 3Y i T ice" THE � �F �,1���r: N �P t R>�r F $3.05 PER ACRE 0 7pso z.too 42oo Feet City of Fort Worth, Texas COUNCIL ACTION: Approved on 3/19/2019 - Ordinance No. 23604-03-2019 DATE: Tuesday, March 19, 2019 REFERENCE NO.: G-19510 LOG NAME: 60THE BRIDGES PH 1 S-17254 SEWER PER ACRE CHARGE SUBJECT: Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of $3.05 Per Acre for a Sewer Main Extension beginning at the City Limit Line between the City of Crowley and City of Fort Worth Near 13421 McCart Ave to Serve 1,804.96 Acres (The Bridges Phase 1) 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 adjacent to COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish $3.05 as the sewer per acre charge for The Bridges Phase 1 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-17254, City Project No. 02279, DOE 7224, X-22666) to serve The Bridges Phase 1 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-17254 is 854 linear feet of 18-inch diameter sewer pipe which serves a calculated basin area of 1,804.96 acres. The Fort Worth Water Department paid $5,506.20 to cost participate in the upsizing of this sewer main extension. The gross acreage of the sewer sub -basin is 1,804.96 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 The Bridges Phase 1 sewer extension is $3.05 per acre. There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. The sewer main is located in the City's Extra Territorial Jurisdiction adjacent to Council District 6. 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): Logname: 60THE BRIDGES PH 1 S-17254 SEWER PER ACRE CHARGE Page 1 of 2 TO Fund Department ccoun Project Program ctivity Budget Reference # Amoun' ID ID Year I (Chartfield 2) i FROM Fund Department ccoun Project �Programl ctivity Budget Reference #�Amounl ID ID , Year (Chartfield 2) CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: Jay Chapa (5804) Chris Harder (5020) Wendy Chi-Babulal (8242) Wade Goodman (7139) Logname: 60THE BRIDGES PH 1 S-17254 SEWER PER ACRE CHARGE Page 2 of 2