HomeMy WebLinkAboutOrdinance 24306-08-2020 ORDINANCE No. 24306-08-2020
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-
86 OF THE CITY CODE, FOR THE 22,112.56 ACRES SERVED BY
CITY INITIATED SEWER MAIN PROJECT("CROWLEY RELIEF
INTERCEPTOR M-325 FOR VILLAGE CREEK BASIN PARTS 1 &
2") 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, The City of Fort Worth Water Department is installing sanitary sewer
collector mains (City Project Number 100276, X-24294) "Crowley Relief Interceptor M-
325 for Village Creek Basin Part 1 and 2" 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 Water
Department is installing 9,722 linear feet of 42-inch diameter pipe and 2,745 linear feet of
36-inch diameter pipe sewer collection main to provide wastewater service to the Upper
Village Creek drainage basins. Further, the City Council finds that the Sanitary Sewer
Improvements will serve a calculated sewer basin area of 22,112.56 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 Extraterritorial
Jurisdiction and Council District 6.
SECTION 2.
The City Council finds that the City qualified costs to install the 21-inch sewer
collection mains is$9,362,955.11. In accordance with Chapter 35, Article 111, 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 $423.42. 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:
66r(sV w R. LayierL_&46U Cf7� (119 � 0
Christa R.Lopez-Reynold (4,95,202o :59 CDT) U l/
Christa R. Lopez-Reynolds Mary J. Kayser
Sr. Assistant City Attorney City Secretary F FQR
ADOPTED: August 4, 2020
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/04/20 M&C FILE NUMBER: M&C 20-0511
LOG NAME: 60CROWLEY RELIEF INTERCEPTOR M-325 PT 1 &2 PER ACRE CHARGE
SUBJECT
Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of$423.42 Per Acre for the Crowley Relief Interceptor M-325 for Village
Creek Basin Parts 1 &2 and to Establish the Basin Boundaries, Pursuant to Chapter 35,Water and Sewer,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$423.42 per acre for the Crowley Relief Interceptor M-325 for
Village Creek Basin Parts 1 &2 and to establish the basin boundaries for this per acre charge in accordance with Chapter 35,Water and Sewer,
Article 111, Division 3, Section 35-81 through 35-86 of the City Code.(City Project No. 100276)
DISCUSSION:
This Mayor and Council Communication is to authorize the establishment of a per acre charge for the 42-inch and 36-inch sewer main collector at
the Crowley Relief Interceptor M-325 for Village Creek Basin Parts 1 &2 project(Crowley SS Relief Line-City Project No. 100276,City Secretary
Contract Nos.52107 and 51703). This project will provide additional capacity to convey anticipated flows from proposed development within the
Upper Village Creek Drainage Basin. The wastewater collection mains are 9,722 linear feet of 42-inch diameter and 2,745 linear feet of 36-inch
diameter wastewater pipe which will serve a calculated basin area of 22,112.56 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 is based on the Amended Agreement to City Secretary Contract No.49305 for
Wastewater Service between the City of Crowley and the City of Fort Worth. The qualified costs are outlined below:
Design $817,672.88
Easements $272,914.31
Construction Cost Part 1 (42-inch) $4,025,832.79j
Construction Cost Part 2(42-inch&36-inch) $4,246,535.13
Total $9,362,955.11
The net acreage of the calculated sewer basin is 22,112.56 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 Crowley Relief Interceptor M-325 for Village Creek
Basin Parts 1 &2 is$423.42 per acre. 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