The URL can be used to link to this page

Home My WebLink AboutOrdinance 26173-05-2023ORDINANCE NO.26173-05-2023 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 2,021 ACRES SERVED BY A DEVELOPER SEWER MAIN PROJECT ("CHISHOLM TRAIL RANCH OFFSITE") LOCATED AT 8001 OLD GRANBURY ROAD; 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, Meritage Homes of Texas, LLC, hereinafter referred to as "Developer", is constructing an offsite sanitary sewer main (City Project Number 103610) located at 8001 Old Granbury Road; 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 5,250 linear feet of 27-inch, 431 linear feet of 24-inch, 396 linear feet of 21-inch, and 1,757 linear feet of 18-inch sewer main to serve Chisholm Train Ranch Section 3 development and surrounding areas. The City cost -participated to upsize this sanitary sewer extension. Further, the City Council finds that the offsite sanitary sewer main extension will serve a calculated sewer basin area of 2,021 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 construct the Chisholm Trail Ranch Offsite sanitary sewer extension are $8,453,620.84. 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 $4,182.89 per acre. The percentage of the per acre charge collected that will be eligible to be reimbursed to the Developer shall be 26% and to the City of Fort Worth Water Department shall be 74%. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be effective upon adoption. APPROVED AS TO FORM AND LEGALITY: Christopher Mullins (May 31, 202317:02 CDT) Christopher A. Mullins Assistant City Attorney ADOPTED: May 23, 2023 Jannette S. Goodall City Secretary 4�ti _,^ �/i _ T x ME$A�o X1NGSp0� �� o°tern SPRINGS _} i �.. �RJO F ' AVOWQ� D GE ' Q WICKER m 0 'm � � sYs�001- SIENNA LONGMEADOW �Oflfzo ELLYELLOWLEAF ALIGIA Ow \� Sewer Extension c MBUs srq ��eARaa�RRY F _ s Y .RRY COLUMBUS Y Sewer Per Acre LS m ti �Atiz e�� Charge Boundary y .y�'°� oa�'0` K. pF ,¢ ��kif�SYA V BROUKWAY 2 aI mARGUERtrE LANGSfDE h SUMMER STEPPING STONE T In z BikDWE OAKS STONE RIVER In SPfiiAlle [� PEBBLE 161 6 S ¢ 2 e YSO STONE z � U ypt N th -1 LDS Ytai FOU14TAJN -� h m a HAY p tNS ' RWE SHppy x COR4L z v C£DA µOLLO z �'R1NGS aSSI� 0 2 .-----� SRC Z3 i 1 i GLEN�bOVfi,. 'RISINGER RISI ER Pf E F < HVNE 1� 'O LU p CF � �OISrAN,P 9 Uj BLU �z a gt' 4 rij Zc 5 �E¢ to Y yam! OVJKKN 1 m �S �£ BOY OPN CHISHOLMVLEWZ: W F- D GOLDEN p 3 COW ON� TRAILMARKER HORN n m w 1 R�tR, EKt7VEi i M X 1 �zz u 4 T (�L O@� o r=n N = FOXHOUND tb a Fs v=i N m O P ER 1C0t&,,- CROWLEY L)% cLEBtiRtaE R P4IYk O � SIP A,:cn 0 xcnu�� C LE _ 20 pg A m Q TYBERRY z o ST FELT[EAV I F CCRKTREE I Jared Williams - CLE J Q --- C+� , RANCHOVERDE L z _ i DPP POSADA o�UEL r. su.12 >ZO La m n U CLO F Y OGATA >mom AZt1L' O 1 U z 1 O O N U 4/12/2023 Exhibit A �„1 j� WWW R H l o+ COPYkIDUCTION CITY IO FORT WORTH UI:AUTHCRI2E0 REPRODUCTION ISP VVOLAifOM OF APPLICABLE LAWS Sewer Per Acre Charge THIBDATA ISTOBEOTUSED BE A ENIU ED S PRESENTATION DATAPRODUCEDFO THE ACCURACY IS NOT TO BE TP.KElI (USED PS OATH PRODUCED FOR CTR Section 3 Offsite Sewer WATER ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND F� t SURVEYOR, THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY ' y FOR THE ACCURACY OF SAID DATA. o B50 1 W 3,eoo F- 114 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/23/23 MSC FILE NUMBER: M&C 23-0418 LOG NAME: 60CHISHOLM TRAIL RANCH OFFSITE SEWER PER ACRE CHARGE SUBJECT (ETJ / CD 6 / Future CD 6) Adopt Ordinance to Establish a Sewer per Acre Charge in the Amount of $4,182.89 per Acre for the Sewer Main Extension to Serve Chisholm Trail Ranch Section 3 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 $4,182.89 per acre sewer per acre charge for the sewer extension to serve Chisholm Trail Ranch Section 3 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. 103610, X-27119). Meritage Homes of Texas, LLC is constructing 5,250 linear feet of 27-inch, 431 linear feet of 24- inch, 396 linear feet of 21-inch, and 1,757 linear feet of 18-inch sewer main to serve Chisholm Train Ranch Section 3 development and surrounding areas. The City cost -participated to upsize the sewer main extension to convey future flows to surrounding areas. The offsite sanitary sewer main extension will serve a calculated basin area of 2,021 acres. The qualified costs used to establish this per acre charge are outlined below: City Secretary .', Developer City Costs Total Contract Costs No. "'s" rom Design EeveI0per $273,350.84� $273,350.84 neer Easements IF 58086 $17,280.0diF $54,720.00i $72,000.00 Construction I 58086 $1,945,984.80'i$6,162,285.20 $8,108,270.00 Total �� $2,236,615.64, $6,217,005.20 $8,453,620.84 The net acreage of the calculated sewer basin is 2,021 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 Chisholm Trail Ranch Section 3 is $4,182.89 per acre. The percentage of the per acre charge collected that will be eligible to be reimbursed shall be 26% to Meritage Homes of Texas, LLC and 74% 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 and current and future 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 / 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