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Home My WebLink AboutOrdinance 24563-12-2020 ORDINANCE NO. 24563-12-2020 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 8053 ACRES SERVED BY DEVELOPER AND CITY INITIATED SEWER MAIN PROJECT ("BROOKFIELD OFFSITE SANITARY SEWER MAIN EXTENSION") LOCATED NEAR 1464 ARCHWAY CT; 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, Forestar (USA) Real Estate Group, Inc., hereinafter referred to as "Developer", is constructing a sanitary sewer main (City Project Number 101478) "Brookfield Offsite Sanitary Sewer Main Extension"located near 1464 Archway Ct; and WHEREAS, City of Fort Worth Water Department cost participated to upsize the sewer extension. 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 10,158 linear feet of 30-inch diameter sewer main, 2,030 linear feet of 27-inch diameter sewer main, 536 linear feet of 24-inch diameter sewer main, 1,876 linear feet of 21-inch diameter sewer main,and 5,214 linear feet of 18-inch diameter sewer main to serve the Brookfield development. Further, the City Council finds that the Sanitary Sewer Improvements will serve a calculated sewer basin area of 8,053 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 $3,402,264.66. 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 $422.48. The percentage of the Per Acre Charge collected that will be eligible to be reimbursed to the Developer shall be 81.4%and to the City of Fort Worth Water Department shall be 18.6%. 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(Dec 3,20 10: l) 'for Ronald P.Gonzales(Dec 3,202010:49 CST) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED &EFFECTIVE: December 1, 2020 FQRT� # 2 �XAS CAUsers\goodmaw\Desktop\Pro Rata GIS_7emp\Bookfield PAC.mxd Qryan)09/11/2020 Wk t� h Wm Z(. • .i\t#�yt jj��11►►JJ�� QZ ipWit w IL low.0010 d o • O t o �� cJlirSNC/ Ix �' JaVl w it! w OLU q'WjO tW 0 Ii� Y ^tij;D .�4��✓,. 'zi:i ..�W "Q" ip'W;: m Qm wLZ IW. ujVLI 5 4 p fy= a �c9w AM � WWI QU' a z U. () c oo i' a0W _0 z H 01 Qir W OL"46 (A O � ?2 LL T W c yC WY w W W Y � a • o m � aw U) W o.- w�' a i-J W :. WN WWI, g . .. U Z LLI O � ? U) U, s z �jy w '6oam L 2W JN � O Q 3 ¢� wn¢i�y 11 m _ _7 °o acao rz JwwZ❑ r� aK�- 'Sl¢ Og Owns V O� 0 2Ku IF-�"� •Lt N via�� co 85. -LN z -O • { O ff o N i r.a �C L �•a.6 � U O# City of Fort Worth, Texas Mayor and Council Communication DATE: 12/01/20 M&C FILE NUMBER: M&C 20-0898 LOG NAME: 60BROOKFIELD OFFSITE SEWER PER ACRE CHARGE SUBJECT (CD7 and ETJ)Adopt Ordinance to Establish the Sewer per Acre Charge in the Amount of$422.48 per Acre for the Sewer Extension to Serve the Brookfield Development 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$422.48 per acre for the sewer extension to serve the Brookfield 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. 101478,X-25218). Forestar(USA)Real Estate Group, Inc.constructed 10,158 linear feet of 30-inch diameter pipe, 2,030 linear feet of 27-inch diameter pipe,536 linear feet of 24-inch diameter pipe,1,B76 linear feet of 21-inch diameter pipe,and 5,214 linear feet of 18-inch diameter pipe sewer main for the Brookfield tract and select adjacent properties. The City cost participated to upsize along the entire length of the sewer main extensions to convey future flows of the remaining surrounding areas. The offsite sewer extension will serve a calculated basin area of 6,053 acres. The qualified costs used to establish this per acre charge are outlined below: Engineering $21 1,206.82 Developer Construction Costs $2,548,782.00 City Cost Participation $634.275.84 Total $3,402,264.66 The net acreage of the calculated sewer basin is 8,053 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$422.48 per acre. The percentage of the per acre charge collected that will be eligible to be reimbursed shall be 81.4%to Forestar(USA)Real Estate Group, Inc. and 18.6%to the Fort Worth Water Department. 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 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 b Dana Burghdoff B01 B Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Matt Kusnir 8219