HomeMy WebLinkAboutOrdinance 24521-11-2020 ORDINANCE NO. 24521-11-2020
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 11,036.83 ACRES SERVED BY
DEVELOPER INITIATED SEWER MAIN PROJECT ("ROCK
CREEK RANCH/TARLETON STATE UNIVERSITY 36" OFFSITE
SANITARY SEWER MAIN")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, Walton Development & Management TX, LLC, hereinafter referred
to as "Developer", is constructing a sanitary sewer main (City Project Number 101142)
"Rock Creek Ranch/Tarleton State University 36" Offsite Sanitary Sewer Main" located
at 10525 McCart Ave; and
WHEREAS, the City of Fort Worth Water Department cost participated to upsize
the sewer extension to 36-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 10,038 linear feet of 36-inch diameter pipe sewer main to serve the Rock Creek
Ranch / Tarleton State University development. The Water Department cost participated
with the Developer to increase the pipe diameter from 18 inches to 36 inches. Further, the
City Council finds that the Sanitary Sewer Improvements will serve a calculated sewer
basin area of 11,036.83 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 36-inch sewer main
is $1,158,960.84. 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 $105.01. The percentage of
the per acre charge collected that will be eligible to be reimbursed to the Developer shall
be 15% and to the City of Fort Worth Water Department shall be 85%.
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:
6&4if P" 44hez-R&44--a Christa R.Lopez-Reynold (Nov 11,202 4:32 CST)
Sr. Assistant City Attorney City Secretary
ADOPTED: November 10, 2020
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/10/20 M&C FILE NUMBER: M&C 20-0835
LOG NAME: 6060ROCK CREEK RANCH PER ACRE CHARGE SUBSTITUTE
SUBJECT
(CD 6 and ETJ)Adopt Ordinance to Establish the Sewer per Acre Charge in the Amount of$105.01 per Acre for the Sewer Extension to Serve
the Rock Creek Ranch and Tarleton State University Developments and 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$105.01 per acre for the sewer extension to serve the Rock
Creek Ranch and Tarleton State University developments 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. 101142,X-24701). Walton Development&Management TX, LLC constructed an offsite sewer main for the Rock
Creek Ranch and Tarleton State University developments. The Fort Worth Water Department cost participated with the developer to upsize the
sewer main to 36-inch diameter pipe as part of the Department's master plan to convey regional sewer effluent through the extended Village
Creek sewer collection system. The overall length of wastewater main that was oversized to 36-inches in diameter is 10,038 linear feet which will
serve a calculated basin area of 11,036.83 acres.
The qualified costs used to establish this per acre charge are outlined below:
Engineering $74,300.00
Easements _ $17,500.00
Developer Construction Costs _ _ $84,756.48
City Cost Participation i $982,404.36
Total �_--_ ---- --- _-_�$1,158,960.84
Majority of monies to construct the 36-inch wastewater main were funded by the Fort Worth Public Improvement District No. 17(Rock Creek
Ranch)(the"PID")and therefore not applicable to this sewer per acre charge.
The net acreage of the calculated sewer basin is 11,036.83 acres,which is depicted on the drainage map attached to this communication,and
represents all land within the basin other than property that is within the PID and subject to a PID sewer assessment.By dividing the costs above
by the number of acres in the sewer basin,the per-acre charge for the sewer extension for the Rock Creek Ranch and Tarleton State University
Developments is$105.01 per acre.
The percentage of the per acre charge collected that will be eligible to be reimbursed to Walton Development&Management TX, LLC shall be
15%and to the Fort Worth Water Department is 85%. The collection period for the developer shall be 20 years or until the maximum 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.
With the exception of property that is within the PID and subject to a PID sewer assessment,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 developer 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