HomeMy WebLinkAbout(0036) Southfork Estates_PAC_Ordinance.PDFAN 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 11,723.11 ACRES SERVED BY
DEVELOPER AND CITY INITIATED SEWER MAIN PROJECT
("OFF -SITE SANITARY SEWER FOR SOUTHFORK ESTATES")
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, Crowley 96 LLC, hereinafter referred to as "Developer", is
constructing a sanitary sewer collector main (City Project Number 100884, X-24701) "Off -
Site Sanitary Sewer for Southfork Estates" located at 10525 McCart Ave.
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 1,670 linear feet of 36-inch diameter pipe sewer collection main to provide
wastewater service to the Upper Village Creek drainage basin as well as the Rock Creek
drainage basin. The Water Department cost participated with the Developer to increase
the pipe diameter to 36 inches. Further, the City Council finds that the Sanitary Sewer
Improvements will serve a calculated sewer basin area of 11,723.11 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 collection 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
collection mains is $257,571.07. In accordance with Chapter 35, Article IIl, 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 $21.97. The percentage
of the per acre charge collected that will be eligible to be reimbursed to the Developer shall
be 50% and to the City of Fort Worth Water Department shall be 50%.
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
Sr. Assistant City Attorney
ADOPTED: