HomeMy WebLinkAbout2020/11/10-Attachments-RCR-TSU_PAC_Ordinance_v2.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 11,036.83 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:
Christa R. Lopez -Reynolds
Sr. Assistant City Attorney
ADOPTED: