HomeMy WebLinkAboutOrdinance 24501-10-2020 ORDINANCE NO. 24501-10-2020
AN ORDINANCE ADOPTING A PER ACRE CHARGE IN
ACCORDANCE WITH CHAPTER 35, ARTICLE 111, DIVISION 3,
SEWER PER ACRE CHARGES, SECTIONS 35-81 THROUGH 35-
8E OF THE CITY CODE, FOR THE 993.51 ACRES SERVED BY
DEVELOPER AND CITY INITIATED SEWER MAIN PROJECT
("UPLIFT CHARTER SCHOOL CHAPIN RD") LOCATED AT
10800 CHAPIN RD; 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, Uplift Education, hereinafter referred to as "Developer", is
constructing a sanitary sewer main (City Project Number 101548) "Uplift Charter School
Chapin Rd" located at 10800 Chapin Rd; and
WHEREAS, City of Fort Worth Water Department cost participated to upsize the
sewer extension to 15-inch diameter pipe; and
WHEREAS, City of Fort Worth Water Department cost participated to upsize the
sanitary sewer downstream of the Uplift Charter School Chapin Rd project ("Palmilla
Springs Ph 4, City Project Number 101026)to 15-inch diameter pipe.
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 4,300 linear feet of 15-inch diameter pipe sewer main to serve the Uplift Charter
School Chapin Rd development. The Water Department cost participated with the
Developer to increase the pipe diameter to 15 inches. The Water Department also cost
participated on the Palmilla Springs Ph 4 development, that is downstream of the Uplift
Charter School development to increase the pipe diameter to 15 inches. Further, the City
Council finds that the Sanitary Sewer Improvements will serve a calculated sewer basin
area of 993.51 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 3.
SECTION 2.
The City Council finds that the City's qualified costs to install the 15-inch sewer
main is $518,821.06. 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 $522.21. The percentage of
the per acre charge collected that will be eligible to be reimbursed to the Developer shall
be 57% and to the City of Fort Worth Water Department shall be 43%.
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-Reynolds(Oct 28,2020 17:40 CD
Christa R. Lopez-Reynolds Mary J. Kayser
Sr. Assistant City Attorney City Secretary 0 R r
ADOPTED &EFFECTIVE: October 27, 2020
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912/2D2D Exhibit A FORT WORTH
COPRODUCTION IS VIO FORTWOFAH Per Acre Boundary
UNAUTHORIZED REPRODUCTION IS/.VIOLATIOt:OF APPLICABLE Ih`.HS 11
THIS DATA IS TO BE USED FOR AGRAPHICAL PEPRLSENTATION ONO% uplift Charter School Chapin Rd WAMR
THE ACCURACY IS NO TO BE TAKEN,USED AS DATA PRODUCED FOR
ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND
SURVEYOR.T.E CRY OF FORT WORTH ASSUMES NO RESPOdISISILT
FOR THE ACCURACY OF SAID DATA,
550 1,100 2,200
Feet
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 10/27/20 M&C FILE
NUMBER: M&C 20-0806 LOG NAME: 60UPLIFTCHARTER
SCHOOL CHAPIN RD SEWER PER ACRE CHARGE SUBJECT
(CD 3 and ETJ)Adopt an Ordinance to Establish the Sewer Per Acre Charge in the Amount of$522.21 for the Extension to
Serve the Uplift Charter School Chapin Rd Development and Surrounding Areas and to Establish the Basin Boundaries,
Pursuantto 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$522.21 per acre for the sewer extension to
serve the Uplift Charter School Chapin Rd development and 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. 101548,X-25450).Uplift Education constructed an offsite sewer main for
the Uplift Charter School Chapin Rd development. The Fort Worth Water Department cost participated with the developer to
upsize the sewer main to 15-inch diameter pipe. The Water Department also cost participated to upsize sewer main to 15-
inch diameter for the downstream project for Palmilla Springs Ph 4(City Project No.101026,X-24438). The overall length of
wastewater main that was oversized to 15-inches in diameter is 6,381 linear feet which will serve a calculated basin area of
993.51 acres.
The qualified costs used to establish this per acre charge are outlined below:
Engineering $15,800.00
Easements $1,500.00
Developer Construction Costs $279,397.75
City Cost Participation(Uplift Charter) $199,093.31
City Cost Participation(Palmilla Springs Ph 4) 11 $23,030.00
Total $518,821.06
The net acreage of the calculated sewer basin is 993.51 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 Uplift Charter School Chapin Rd development is$522.21 per acre.
The percentage of the per acre charge collected that will be eligible to be reimbursed to Uplift Education shall be 57%and to the
Fort Worth Water Department is 43%.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 3.
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