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Home My WebLink AboutOrdinance 24296-08-2020 ORDINANCE No. 24296-08-2020 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 11,723.11 ACRES SERVED BY DEVELOPER AND CITY INITIATED SEWER MAIN PROJECT ("OFF-SITE SANITARY SEWER FOR SOUTHFORK ESTATES") LOCATED AT 10525 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. 23708 on or about June 25, 2019; and WHEREAS, Crowley 96 LLC, hereinafter referred to as "Developer", is constructing a sanitary sewer collector main(City Project Number 100884,X-24701)"Off- Site Sanitary Sewer for Southfork Estates" located at 10525 McCart Ave. 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 1,670 linear feet of 36-inch diameter pipe sewer collection main to provide wastewater service to the Upper Village Creek drainage basin as well as the Rock Creek drainage basin. The Water Department cost participated with the Developer to increase the pipe diameter to 36 inches. Further, the City Council finds that the Sanitary Sewer Improvements will serve a calculated sewer basin area of 11,723.11 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 collection main is located in the City's Extraterritorial Jurisdiction and Council District 6. SECTION 2. The City Council finds that the City qualified costs to install the 36-inch sewer collection mains is $257,571.07. 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 $21.97. The percentage of the per acre charge collected that will be eligible to be reimbursed to the Developer shall be 50%and to the City of Fort Worth Water Department shall be 50%. 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: CGc Zaa'k. 4,Zg L- %ri l/C, La R.Looez-Reynold (Aue 5.2020 M59 CDT) Christa R. Lopez-Reynolds Mary J. Kayser OF FOR Sr.Assistant City Attorney City Secretary �y , • �. .¢ ADOPTED: August 4,2020 .......... . : a:c: ',:3,':.I7 skio lTFMP I r:; lir,ll',I1xB-• n 0 late wd Roc# Creek NAC..rrtxa(Irvani OL4l22P2020 M sLL LU + . W L fn y ,,ma�yy lNJ � Y L) �,W W ram+ Y L QN � W O� ' Q C ` � S N O m 3 'O2 xa aws • +r �' 5 uw`w0 iS • �� x<�rc „Yr lti 1 ■ � � � nU um OOc wOw p r °sip 5+ m U u r ' W OUl'1F _ N �' � _ • 7 N City of Fort Worth, Texas Mayor and Council Communication DATE: 08/04/20 M&C FILE NUMBER: M&C 20-0513 LOG NAME: 60SOUTHFORK ESTATES SEWER PER ACRE CHARGE SUBJECT Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of$21.97 Per Acre for the Off-Site Sanitary Sewer for Southfork Estates 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 6) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish$21.97 per acre for the Off-Site Sanitary Sewer for Southfork Estates 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(City Project No. 100884). DISCUSSION: This Mayor and Council Communication is to authorize the establishment of a per acre charge for a developer initiated sewer main collector for the Off-Site Sanitary Sewer project at the Southfork Estates(Crowley SS Relief Line-City Project No. 100884,City Secretary Contract No.49905). Crowley 96 LLC constructed offsite sewer main for Southfork Estates. The Fort Worth Water Department cost participated with the developer to upsize the collector main to 36-inch diameter pipe. This project will provide additional capacity to convey anticipated flows from proposed development within the Upper Village Creek Drainage Basin as well as the Rock Creek Drainage Basin. The wastewater collection main is 1,670 linear feet of 36-inch diameter wastewater pipe which will serve a calculated basin area of 11,723.11 acres. The establishment of this per acre charge will allow the City to recapture costs associated with the capital investment in wastewater collection mains. The qualified costs used to establish this per acre charge are outlined below: Design ! $10,300.001, Construction(Developer) j $118,837.00j Construction(City Cost Participation) $128,434.071 Total $257,571.07� The net acreage of the calculated sewer basin is 11,723.11 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 Off-Site Sanitary Sewer for Southfork Estates is $21.97 per acre. The percentage of the per acre charge collected,that will be eligible to be reimbursed to Crowley 96 LLC,shall be 50%and to the Fort Worth Water Department is 50%. The collection period for the developer shall be 20 years or until the maximal reimbursable amount has been received, whichever comes first. There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. A per acre charge shall be assessed on each acre within the calculated sewer basin area served by a sewer approach main or by a sewer main constructed under a city initiated project,without exclusion or reduction. The wastewater collection main is located in the City's Extraterritorial Jurisdiction and Council District 6. 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