HomeMy WebLinkAboutOrdinance 20317-08-2012ORDINANCE NO. 20317-08-2012
AN ORDINANCE AMENDING, ARTICLE III, DIVISION 3,
"SEWER PER ACRE CHARGES ", SUBSECTIONS 35 -85 (e) and(h),
OF CHAPTER 35, "WATER AND SEWERS" OF THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, TO
INCREASE THE TIME FOR COLLECTION OF SEWER PER
ACRE CHARGES IN CERTAIN CIRCUMSTANCES; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE
FORT WORTH CITY CODE IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on May 14, 2002, the City Council adopted Division 3 to Article III,
entitled "Sewer Per Acre Charges" to the Code of the City of Fort Worth (1986), as
amended; and
WHEREAS, as stated in Section 35 -81 of the City Code, the purpose of the
sewer per acre charge is to allow developers and the city to recoup costs related to the
construction of sanitary sewer extensions; and
WHEREAS, it is necessary to extend the time period in which a developer may
request a refund of the sewer per acre charge upon request to the City from ten (10) years
to twenty (20) years; and
WHEREAS, it is also necessary to allow the City to recover its own participation
cost in developer- initiated projects until the City's development cost has been fully
reimbursed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 35,
"Water and Sewers ", Article III, "Charges ", Division 3, "Sewer Per Acre Charges ",
Section 35 -85, "Assessment and Payment of the Per Acre Charge; Refund to a
Developer; Administration ", subsection (e) and subsection (h) is hereby further amended
to be as follows:
(e) (1) To receive a refund for a developer initiated project, a developer
must make a written request for such refund by the end of the November
month following the city's final acceptance of the developer- initiated
approach sewer main project.
(2) The city shall not refund a sewer per acre charge until after one (1)
year from the date the sewer per acre charge is collected. A developer
requesting the refund must prove that the developer is lawfully entitled to
receive the refund requested.
(3) Refunds shall be collected for a period of ten (10) years. If a
developer has not recovered its share of the development costs, the
developer may request that the city continue to collect the sewer per acre
charge for an additional ten (10) years. Such request shall be made in
writing to the Director at least sixty (60) days prior to the expiration of the
initial ten (10) year period.
(4) A developer may request a refund of the sewer per acre charge up
until six (6) months after the expiration of the eligibility to receive
refunds. After the six (6) month period, such un- refunded per acre charge
shall become the property of the city.
(h) There shall be no time limit for the city to recover its own development
cost for city- initiated projects or the city's participation cost in a
developer- initiated approach sewer main project. The city shall cease
collection of the sewer per acre charge when the city's cost has been fully
recovered.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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 3.
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 4.
This ordinance shall be effective upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Christa R. eynolds
Sr. Assistant City Attorney
ADOPTED: August 7, 2012
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/7/2012 - Ordinance No. 20317 -08 -2012
DATE: Tuesday, August 07, 2012
LOG NAME: 60PERACREREFUNDTIMEEXTENDED
REFERENCE NO.: C -25777
SUBJECT:
Adopt Ordinance Amending Article III, Division 3, Sewer Per Acre Charges of the City Code to Change the
Time Period for the Collection and Refund of Sewer Per Acre Charges to Developers and to the City (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Article III, Division 3,
Sewer Per Acre Charges, of the City Code to allow a developer to request an extension for the collection
and refund of sewer per acre charges for an additional 10 years and to allow the City to recover its own
participation cost in developer- initiated approach sewer main projects.
DISCUSSION:
On May 14, 2002 (M &C G- 13621), the City Council adopted Ordinance No. 15095 establishing sewer per
acre charges to the City Code. The current time period for a developer to be eligible to request a refund of
a sewer per acre charge is a maximum of 10 years. The attached ordinance will allow the developer to
make a written request to the Director of the Water Department for an extension of the time period to an
additional 10 years if the developer has not recouped his /her cost. Also, the amendment will allow the City
to recover City participation cost in developer- initiated approach sewer main projects as currently allowed
in the water main capacity charge for developer- initiated approach water main projects.
This ordinance change applies to all existing and future Sewer Per Acre Charges citywide.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
S. Frank Crumb (8207)
Wendy Chi - Babulal (8242)
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