HomeMy WebLinkAboutOrdinance 26031-03-2023ORDINANCE NO.26031-03-2023
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-
86 OF THE CITY CODE, FOR THE 3,715.6 ACRES SERVED BY
DEVELOPER SEWER MAIN PROJECT ("EAST OFFSITE
SANITARY SEWER TO SERVE TRADITION") LOCATED NEAR
15710 DOUBLE EAGLE BLVD; 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;
WHEREAS, HT Hwy 114 Land 2 LP initiated construction of an offsite parallel
sanitary sewer main (City Project Number 103493) "East Offsite Sanitary Sewer to Serve
Tradition" located near 15710 Double Eagle Blvd;
WHEREAS, HT Hwy 114 Land 2 LP merged with HT Hwy 114 Development LP,
hereinafter referred to as "Developer"; and
WHEREAS, City of Fort Worth Water Department cost participated to upsize the
offsite parallel sewer main extension to 18-inches in diameter as well as oversize the
Tradition Central sewer main to 24-inches in diameter (City Project Number 102307).
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
initiated construction of approximately 13,000 linear feet of offsite parallel sewer main to
serve the Tradition development. The City cost participated to upsize the offsite parallel
sewer main to 18-inches in diameter as well as oversize the Tradition Central sewer main
to 24-inches in diameter. Further, the City Council finds that the Sanitary Sewer
Improvements will serve a calculated sewer basin area of 3,715.6 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 offsite 18-inch parallel
sewer main and Tradition Central 24-inch sewer main oversize are $7,968,769.25. 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 $2,144.68. The percentage of the per acre charge collected
that will be eligible to be reimbursed to the Developer shall be 24% and to the City of Fort
Worth Water Department shall be 76%.
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:
Christopher A. Mullins
Assistant City Attorney
ADOPTED & EFFECTIVE: March 21, 2023
Jannette S. Goodall City Secretary
dC��Yl
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/21/23 M&C FILE NUMBER: M&C 23-0198
LOG NAME: 60TRADITION UPSIZE AND OFFSITE SEWER PER ACRE CHARGE
SUBJECT
(CD 7 / Future CD 10 and ETJ) Adopt Ordinance to Establish a Sewer Per Acre Charge in the Amount of $2,144.68 Per Acre for the Tradition
Central Sewer Upsize and Offsite Parallel Sewer Main Extension to Serve the Tradition 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 the sewer per acre charge in the amount of $2,144.68 per acre
for the Traditon Central Sewer Upsize and Offsite Parallel Sewer Main Extension to serve the Tradition 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.
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. 103493, X-27009). As part of the accepted study for the Tradition development, once the development reached 800
platted lots, it would be necessary to construct a parallel sanitary sewer collector main within the Harriet Creek drainage basin. HT Hwy 114 Land
2 LP initiated construction of the approximately 13,000 linear feet of parallel sewer main and merged with HT Hwy 114 Development LP.
Therefore, HT Hwy 114 Development LP is the developer that will be reimbursed by this per acre charge. The City cost participated to upsize the
offsite parallel sewer main to 18-inches in diameter as well as oversize the Tradition Central sewer extension (City Project No. 102307, X-26179)
to 24-inches in diameter to convey future flows from the surrounding areas. The offsite sewer extension will serve a calculated basin area of
3,715.6 acres.
The qualified costs used to establish this per acre charge are outlined below:
City
Secretary
Developer
City
Total
Contract
Tradition
Central
Sewer Cost
53652-
FP1
$410,169.25.
Participate
Tradition
Offsite
Parallel
57408
$243,600.00
Sewer
Engineering
Tradition
Offsite
Parallel
57779
$1,887,270.00
$5,427,730.00
Sewer
Total
$1,887,270.00
$6,081,499.25
$7,968,769.25
The net acreage of the calculated sewer basin is 3,715.6 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 oversize and parallel extension for the
Tradition development is $2,144.68 per acre.
The percentage of the per acre charge collected that will be eligible to be reimbursed shall be 24% to HT Hwy 114 Development LP and 76% 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 developer -initiated project, without exclusion or reduction.
The wastewater collection main is located in the City's Extraterritorial Jurisdiction and Council District 7 / Future Council District 10.
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