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HomeMy WebLinkAboutOrdinance 24503-10-2020 ORDINANCE NO. 24503-10-2020 AN ORDINANCE ADOPTING A PER ACRE CHARGE AMENDMENT 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 298.38 ACRES SERVED BY CITY INITIATED SEWER MAIN PROJECT ("WESTSIDE WATER TREATMENT PLANT") LOCATED AT 12200 OLD WEATHERFORD 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. 21251 on or about May 20, 2014; and WHEREAS, the City of Fort Worth constructed City initiated 18-inch sewer main under the Westside Water Treatment Plant Project; and WHEREAS, previous sewer per acre charge Ordinance No. 21082-01-2014 is to be repealed in order to reduce the basin boundary. 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, that the City of Fort Worth constructed 18-inch sewer mains extension to serve the Westside Water Treatment Plant. Further, the City Council finds that the previous calculated sewer basin area of 710.86 acres has been amended to reduce the area served by the Westside Water Treatment Plant extension for a revised calculated sewer basin of 298.38 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 3. SECTION 2. The City Council finds that the cost to install the sanitary sewer mains is $550,395.00. 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 amended sewer per acre charge within this sewer basin to be $1,944.61. This sewer per acre charge will reiinburse the Fort Worth Water Department. SECTION 3. The City Council hereby repeals Ordinance No. 21082-01-2014 in order to reduce the basin boundary served by the Westside Water Treatment Plan sewer extension as stated in this Ordinance. SECTION 4. 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 5. 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 6. This ordinance shall be effective upon adoption. APPROVED AS TO FORM AND LEGALITY: Christa R.Lopez-Reynold (Oct 28,20201.39 CDT) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED & EFFECTIVE: October 27, 2020 Ik•FORT.. 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Westside Water Treatement Plant WA.� THE ACCUPACY IS NO'I 10 BETAKEN 1 USE U AS D?IA PRODUCED FOR [f■G� ENGINEERING PURPOSES OR RYA RFGISTERF.D PROFFSSYNAI LAND ,1 SURVEYOR.THE CRY OF FORT`NORTH ASSUMES NO RESPONIIBILIT' 11�,1 rOR THE ACCURACY Or SFIO DATA. 0 550 1,100 2,200 Feet w!tozo Sdu F"D WON wxel OUCI&e1S M OVN 000'£ OSZ'Z 00S'L 09L 0 IT 1' S2YLY k #'' n 14 > a i 4J� F14 . T �y�IF a l Cl0 d9V'J4r11A1 Q y v �* J ■F b ! * � a. 013 co Y 5 w 4r ' a n. % ,1 tQ� 5 L i"• h 3 ! IkT c! 1 _ # u!sag GJOVJed Jam Seidl Jam 88Je40 QJW gad 4HM James 4Our-8 t� ►'. puese-1 uuvM OJe40,al0y lad laMBS 14OUI-8 l Al '8 I II OPSISaM 9;bQ City of Fort Worth, Texas Mayor and Council Communication DATE: 10/27/20 M&C FILE NUMBER: M&C 20-0810 LOG NAME: 60WESTSIDE WTP SEWER PER ACRE CHARGE AMENDMENT SUBJECT (CD 2 and ETJ)Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of$1,844.61 per Acre for the Westside Water Treatment Plant Sewer Main Extension to Serve 298.38 Acres Located at 12200 Old Weatherford Rd 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$1,844.61 as the sewer per acre charge for the Westside Water Treatment Plant sewer extension project,and to establish the basin boundary 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 amend the previous established sewer per acre charge boundary(M&C G-18104)regarding the sewer main extension to serve the Westside Water Treatment Plant(Ordinance No.21082-01-2014). The previous boundary included areas that do not naturally drain to the constructed sanitary sewer line. The proposed Mary's Creek Wastewater Reclamation Facility property has been removed from the per acre basin boundary. The existing Westside Water Treatment Plant sewer per acre boundary is decreasing from 710.86 acres to 298.38 acres as depicted on the drainage map attached to the ordinance. The qualified costs are outlined below and remain unchanged from the previously established sewer per acre charge: Sewer Construction Cost _ $389,163.O0 Engineering_Cost _i $119,232.00 Easement Cost _$42,000.00 Total Cost $550,395.00i The gross acreage of the sewer sub-basin is 298.38 acres. By dividing the costs above by the number of acres in the sewer basin,the sewer per- acre charge for the revised Westside Water Treatment Plant sewer extension is$1,844.61 per acre.The previously adopted sewer per acre charge(M&C G-18104)was$774.00 per acre. To date,no monies have been collected on the previously adopted sewer per acre charge ordinance. There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. A sewer 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 I 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 collectiion 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