HomeMy WebLinkAboutOrdinance 26032-03-2023ORDINANCE NO. 26032-03-2023
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 432.47 ACRES SERVED BY
DEVELOPER SEWER MAIN PROJECT ("LPC BLUESTONE")
LOCATED NEAR 13390 STATE HIGHWAY 114; 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, LPC Bluestone, LP, hereinafter referred to as "Developer", is
constructing an offsite sanitary sewer main (City Project Number 103519) located near
13390 State Highway 114; and
WHEREAS, City of Fort Worth Water Department cost participated to upsize the
sewer extension to serve surrounding areas.
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 1,033 linear feet of 15-inch sewer main to serve the LPC Bluestone development
and surrounding areas. The City cost participated to upsize this sanitary sewer extension.
Further, the City Council finds that the Sanitary Sewer Improvements will serve a
calculated sewer basin area of 432.47 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.
SECTION 2.
The City Council finds that the City qualified costs to construct the LPC Bluestone
sanitary sewer extension are $382,294.87. 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 $883.98
per acre. The percentage of the per acre charge collected that will be eligible to be
reimbursed to the Developer shall be 58% and to the City of Fort Worth Water Department
shall be 42%.
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.
[taragraphs, sentences, clauses and phrases of this ordinance are severable, and, if aijN
phrase, clause, sentence, paragraph or section of this ordinance shall be declarot
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
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
1)"l-.-
........... .. . . . . .... ........................ . ..... —1 .. . . ............. -
Jannette S. Goodall
City Secretary
11/1212022
Exhibit A
Sewer Per Acre Charge
LPC Bluestone
Sewer Main Extension
FORT WORTH
IWER
U 800 1,600 3,J00 N
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/21/23 M&C FILE NUMBER: M&C 23-0200
LOG NAME: 60LPC BLUESTONE PER ACRE CHARGE
SUBJECT
(ETJ / Future CD 10) Adopt Ordinance to Establish the Sewer Per Acre Charge in the Amount of $883.98 Per Acre for the Sewer Extension to
Serve the LPC Bluestone 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 a $883.98 per acre sewer per acre charge for the sewer
extension to serve the LPC Bluestone development 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, 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. 103519, X-27028). LCP Bluestone, LP is constructing 1,033 linear feet of 15-inch diameter pipe sewer main for the
LPC Bluestone development. The City cost participated to upsize the sewer main extension to convey future flows of the remaining surrounding
areas. The offsite sewer extension will serve a calculated basin area of 432.47 acres.
The qualified costs used to establish this per acre charge are outlined below:
CitySecreta
r.
Contract No.
Develo er
Casts
[�
City Costs
y
Total
J
Construction
56953-CO1
$223,279.87'[$159,015.00�
Total
]
$223,279.87
$159,015.00
$382,294.87
The net acreage of the calculated sewer basin is 432.47 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 LPC Bluestone
development is $883.98 per acre.
The percentage of the per acre charge collected that will be eligible to be reimbursed shall be 58% to LPC Bluestone, LP and 42% 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 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.
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 7219
Matt Kusnir 8219