HomeMy WebLinkAboutOrdinance 25932-01-2023 ORDINANCE NO. 25932-01-2023
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 142.72 ACRES SERVED BY
CITY-INITIATED SANITARY SEWER MAIN PROJECT ("FIRE
STATION 42") LOCATED NEAR 12801 WING WAY; 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, City of Fort Worth constructed a sanitary sewer main (City Project
Number C01563) as part of 2014 Bond Program project "Fire Station 42" located near
12801 Wing Way.
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 City installed
an offsite sanitary sewer main to serve Fire Station 42 as well as surrounding areas.
Further,the City Council finds that the sanitary sewer improvements will serve a calculated
sewer basin area of 142.72 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 Council District 6.
SECTION 2.
The City Council finds that the City qualified costs to install the offsite sanitary
sewer main are$445,249.41. 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$3,119.74. The sewer per acre
charge collected will reimburse the City of Fort Worth Water Department.
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:
Chris opher pins(Jan 19,202317:08 CST)
Christopher A. Mullins Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: January 10, 2023
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/10/23 M&C FILE NUMBER: M&C 23-0048
LOG NAME: 60FIRE STATION 42 PER ACRE CHARGE
SUBJECT
(CD 6/Future CD 8)Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of$3,119.74 Per Acre for the Sanitary Sewer Main
Extension to Serve Fire Station 42 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 a$3,119.74 per acre charge for the sanitary sewer main
extension to serve Fire Station 42 and surrounding areas and to establish the basin boundaries for this per acre charge in accordance with
Chapter 35,Water and Sewers,Article III, Division 3, Sections 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 City-initiated sanitary sewer main
extension (City Project No. C01563,City Secretary Contract No.48270, plan set No.X-24861). Fire Station 42 was part of the 2014 Bond
program.A sanitary sewer main was extended to serve the station as well as to convey future flows from the remaining surrounding areas. The
offsite sewer extension will serve a calculated basin area of 142.72 acres.
The qualified costs used to establish this per acre charge are outlined below:
Offsite sewer construction costs $445,249.41'
The net acreage of the calculated sewer basin is 142.72 acres,which is depicted on Exhibit A 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 Fire Station 42 is$3,119.74 per acre.
The per acre charge collected will reimburse the Fort Worth Water Department. 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 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 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 collection and deposit of funds due
to the City.
Submitted for City Manager's Office b. Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Wade Goodman 7139
Matt Kusnir 8219