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Home My WebLink AboutOrdinance 24479-10-2020 ORDINANCE NO. 24479-10-2020 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 5,009.46 ACRES SERVED BY DEVELOPER AND CITY INITIATED SEWER MAIN PROJECT ("OFFSITE SANITARY SEWER TO SERVE MCKELVEY-COLE TRACT") LOCATED NEAR 2544 WHISPERING PINES 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 111, 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, Forestar (USA) Real Estate Group, Inc., hereinafter referred to as "Developer",is constructing a sanitary sewer main(City Project Number 101118)"Offsite Sanitary Sewer to Serve McKelvey-Cole Tract"located near 2544 Whispering Pines Dr.; 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 I1I, Division 3, Sewer Per Acre Charges, Sections 35-81 through 35-86 of the City Code,the Developer is installing 5,255 linear feet of 36-inch diameter sewer main and 4,771 linear feet of 30-inch diameter sewer main to serve the McKelvey-Cole Tract development. Further, the City Council finds that the Sanitary Sewer Improvements will serve a calculated sewer basin area of 5,009.46 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 7. SECTION 2. The City Council finds that the City qualified costs to install the 36-inch and 30- inch sewer main is $2,956,868.20. 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 $590.26. The percentage of the per acre charge collected that will be eligible to be reimbursed to the Developer shall be 100%. 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.Lopez-Reynold (Oct 22,20201 17 CDT) for Ronald P.Gonzales[Oct 2.202012:55 CDT) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary e. FORT ADOPTED: October 20, 2020O U: :_ LONR l2l313W30 � G+ NN1014H138VZICMl t-- e- FLp•GK Z � Jul �r �' ..y-1-�. � Dp,.l ��1,, cv Ln - � 1!' 9lLb � W_IDE. �)`J y�Sbtlll�ll },w ;• � ��b�/ 1�0�. � � - 3 �iw S' tr40 r J �t0013Wat/ p�AKS t 01 iTEXAN Q 3Nb'BXOj 3QISa00M d6yJ, . —_ � v e ai ��- LU wa'. R zi' • CL 'I 1 a vv fVH, LU uj >¢ LL LL p r Z • •• i = Q Q 4� N O O> s • •• 3 m UN38CD pN MOI�IM" zo � J O 3lVJN31NJIN 2� G SOv�� ry OpV !=—... , 6 .2i3182iVM Z O!CJ .11'Nf100 � Q-OG 2 � Q- 30NdN-l�bN ti Y 4925 9 LS CS W City of Fort Worth, Texas Mayor and Council Communication DATE: 10/20/20 M&C FILE NUMBER: M&C 20-0770 LOG NAME: 60MCKELVEY-COLE SEWER PER ACRE CHARGE SUBJECT (CD 7 and ETJ)Adopt Ordinance to Establish the Sewer per Acre Charge in the Amount of$590.26 per Acre for the Sewer Extension to Serve the McKelvey-Cole Tract Development and Identified Surrounding Areas and to Establish the Basin Boundaries,Pursuant to Chapter 35,Article III, Division 3,Sections 35-81 through 35-86 of the City Code RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to establish$590.26 per acre for the sewer extension to serve the McKelvey-Cole Tract development and identified surrounding areas 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(M&C)is to authorize the establishment of a per acre charge for a developer initiated sewer main extension(City Project No. 101118,X-24617). Forestar(USA)Real Estate Group,Inc.constructed 5,255 linear feet of 36-inch diameter pipe and 4,771 linear feet of 30-inch diameter pipe sewer main for the McKelvey-Cole Tract.The offsite sewer extension will serve a calculated basin area of 5,009.46 acres. The qualified costs used to establish this per acre charge are outlined below: Engineering $241,960.00 Developer Construction Costs $2,714,908.20 Total $2,956,868.20 The net acreage of the calculated sewer basin is 5,009.46 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 sewer extension for the McKelvey-Cole Tract is $590.26 per acre. Forestar(USA)Real Estate Group, Inc.is eligible to be reimbursed the total qualified costs identified in this communication.The collection period for the developer shall be 20 years or until the maximal reimbursable amount has been received,whichever comes first. 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 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