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Home My WebLink AboutOrdinance 24209-05-2020 ORDINANCE No. 24209-05-2020 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 16,010.97 ACRES SERVED BY CITY INITIATED SEWER MAIN PROJECT ("WASTEWATER DIVERSION FROM EAGLE MOUNTAIN LAKE DRAINAGE BASIN TO BIG FOSSIL CREEK DRAINAGE BASIN FORCE MAIN AND GRAVITY SEWER") LOCATED AT 5000 PARK DR; 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. 23708 on or about June 25, 2019; and WHEREAS, The City of Fort Worth Water Department is installing a sanitary sewer collector main (City Project Number 01309,X-24800)"Wastewater Diversion from Eagle Mountain Lake Drainage Basin To Big Fossil Creek Drainage Basin Force Main and Gravity Sewer" located at 5000 Park Dr. U�QF..Fd�T �O U �X 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 1II, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code, the Water Department is installing 13,780 linear feet of 36-inch diameter pipe sewer collection main to provide wastewater service to sub basin M391X as well as diverted wastewater effluent from drainage basins East of Eagle Mountain Lake. Further, the City Council finds that the Sanitary Sewer Improvements will serve a calculated sewer basin area of 16,010.97 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 qualified costs to install the 36-inch sewer collection main is $6,950,831.27. In accordance with Chapter 35, Article III, Division 3, Sewer Per Acre Charges, Sections 35-8I through 35-86 of the City Code,the City Council hereby establishes the per acre charge within this sewer basin to be $434.13. 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. APPROVED AS TO FORM AND LEGALITY: Christa R. LoDez-Re vrolds Christa R.Lopez-Reynolds(May 27,2020 18:00 CDT) 00 Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED: May 19, 2020 ir Cr i LC_ -. Per Acre Boundary _ $: '1 dr . # .L�, T La ii {fi d 36-inch Sewer , 1��y ��., •r - Collector Main 1/3/2020 Exhibit A COPYRIGHT TI XN CITY OF FORT l OFRTM AP Wastewater Diversion from Eagle Mountain FORTWORTH UlIAUTHOR6ED REGROGUOTION 6 P VpLATNJN OF PPPLICABLE LAYS, L THIS DATA 0 TO BE USED FOR AGRAPHICALREPRESENTATIOM ONLY. Lake Drainage Basin to Big Fossil Creek ?H EACCURACYISNOT TOBE TAKEN i USEDAS DATA PRODUCED FOR Drainage Basin WATM ENGIlIEERING PURPOSES Gs BY A REGLS T ERE D FROFESSIGNAL L4ND N 1 SURVEYOR.THE Cir—FORTV.' A ORTH UMEEH T V'ORESN9(RLff FOR THE ACCURACYOF SAID DATA. 0 IA75 3.— TS00 Feet City of Fort Worth,Texas Mayor and Council Communication DATE: 05/19/20 M&C FILE NUMBER: M&C 20-0343 LOG NAME: 60EAGLE MTN TO BIG FOSSIL WW DIVERSION SEWER PER ACRE CHARGE SUBJECT Adopt an Ordinance to Establish the Sewer Per Acre Charge in the Amount of$434.13 Per Acre for the Wastewater Diversion from East of Eagle Mountain Lake Drainage Basin to Big Fossil Creek Drainage Basin Project 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,COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish a$434.13 sewer charge per acre for the Wastewater Diversion from east of the Eagle Mountain Lake Drainage Basin to the Big Fossil Creek Drainage Basin 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 36-inch sewer main collector(City Project No. C01309,X-24800)to divert existing and future wastewater effluent from the drainage basins east of Eagle Mountain Lake to the Big Fossil Creek Drainage Basin as shown in the current City of Fort Worth Wastewater Master Plan. The wastewater collection main is 13,780 linear feet of 36- inch diameter pipe which serves a calculated basin area of 16,010.97 acres. The establishment of this per acre fee will allow the city to recapture costs associated with the capital investment in sewer lines. The qualified costs used to establish this per acre charge are outlined below: Design $1,012,048.05 Easements $281,500.00 Construction Cost Misc.Project Old Denton Segment $709,789.00 C-29052 gravity main construction $4,205,382.00 Change Order No. 1 $85,000.00 Change Order No.2 $657,112.22 Total $6,950,831.27 The net acreage of the calculated sewer basin is 16,010.97 acres,which is depicted on the drainage map attached to this communication.By dividing the costs above by the number of acres in the sewer basin,the per-acre charge for the Wastewater Diversion from East of Eagle Mountain Lake Drainage Basin to Big Fossil Creek Drainage Basin Project is$434.13 per acre. There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. The wastewater collection main is located in the City's Extraterritorial Jurisdiction and Council District 7. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and establishment of the charge,funds will be deposited into the Water&Sewer Fund. The Water Department(and Financial Management Services)is responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Matt Kusnir 8219