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HomeMy WebLinkAboutOrdinance 16333-05-2005ORDINANCE No. ~3M ~,.~~~ AN ORDINANCE ADOPTING A PER ACRE CHARGE hOR THE 1.,935 ACRES SERVED BY APPROACH SEWER MAIN M-740* FROM STATION 45+00 TO STATION 116+14; MAKING THIS ORDINANCE CUMULATNE OF OTHER ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTNE DATE. WHEREAS, an May 14, 2042, the City Council adopted City of Fort Worth Ordinance No. 15095 providing for the adoption of per acxe charges when certain criteria are met; and WHEREAS, D.R. Horton -Texas, L.T.D., the developer of Ernerald Park Estates, hereinafter referred to as "Developer", is constructing or is participating in the construction of an approach sewer main that: 1. Will be at least one mile in length; 2. Will serve a subdivision of 147 acres, which is equal to or less than one-third (1/3) of the calculated sewer basin area to be served by the approach sewer main, such calculated sewer basin area being 1,935 acres; and 3. Will be serving a sewer basin area that is equal to ar greater than 1,000 acres. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION ].. The City Council finds, in accordance with City of Fart Worth Ordinance No. 15095, D.R. Horton -Texas, L.T.D., is constructing or participating in the construction of an approach sewer main to provide wastewater service to Emerald Park Estates subdivision and that such approach sewer main is approximately 9,949 linear feet in length. Further, the approach sewer main M-740* from station 45+00 to station 116+14 will serve the Emerald Park Estates subdivision, which consists of 147 acres, which is less than or equal to one-third of the calculated sewer basin area, such calculated sewer basin area being 1,935 acres. The calculated sewer basin boundary is more fully described in Exhibit "A", which is attached hereto and made a part hereof for all purposes. SECTT®1®T 2. The City Council fords that $761,757.70 is the development cost. Further, $393.67 is the per acre charge to be assessed within the calculated sewer basin. The percentage of the per acre charge that will be reimbursed to D.R. Horton -Texas, L.T.D. is 82% and to the City of Fort Worth is 18% in accordance with the Community Facilities Agreement cost-sharing ratio. The projects Emerald Park, Section 1 (FP002-150}, Emerald Parr, Section 2 {FP003-129}, and The Trails of Fossil Creek, Phase 1 (PP004- 024), which are within this sanitary sewer basin, will be required to reimburse the City 18% of the per acre charge, but is exempt from. the Developer's $2% per acre charge per private developer agreement. The City Council further finds that the per acre charge has been calculated in accordance with the requirements of City of Fort Worth Ordinance No. 1 S09S. SI~CTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Cade of the City of Fart Worth, Texas {1986), 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. SECTIGN 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 judgrrzent 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. SEC`TI®N S. This ordinance shall be effective upon adoption. The zx~axixnuxn reimbursement time period for a developer project is l0 years from the date of the adoption. APPR VED AS TO FO AND LEGALITY: ,. 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I~ • P ~~Y $ ~ ~_ ~ 11~ r~ .. ~ ~R .. . , ~ a I! 2 ~Yc ~ ~3 ~ ~~ ~ ~ ~ ~ a ~~~ ~ ~ ~~ - ~ ~~ ~ ~ EMERALD PARK ~ m ` ~ ~ ~ SANITARY SE'4i"EI2 EXHIEIT OCl ~ ~ ~ O~ ~~^^OOQ 1"a" SANINTARY SEWER 21" SANINTARY SEWER HOND i y F ~~\ I~~ ~ ,~ _ ~ ~ I i 1 ~~ ~21" SANINTARY SEWER THE TRAILS OF FOSSIL PARk MADY DEVE(OP7~IENT ~ TS EXiN1BIT "A-~" EMERALD PARK OFF-SfTE SA~f TARY SEWER \\~ ~ ~ _~___ ti a~- ~ ! ~ I a- O ~-o? ¢ ~ ~ ~~~ o~ V~~~ ~^`V ~~v QV,t. ~~~~ h~~ ,~~Oy d~ _ ~5'pV ~ ~~ ~ 'z=~24'~ ~ f ~ ~>r G~, c~~ a LANGLEY €NVESTMENT CORPORATION, N, V. A NETHERLANDS ANTILLES CORPORATION VOL. fifiSD, PG. 912 D.R.T.C.T. ~~ CONNECT 70 EXISTING \ ~21" SANITARY SEWER ~`~ #~ \ ~\ MINT CREEK, Lfd VOL_ 15754, PG. 30B D.R.T. C.T. LIBERTY CROSSING PROPOSED SUBDIVISION DESCRiI?TION FOR SANI'FARX SFWER BASIN I,93S ACAS OF LANA BEING 1,935 acres of land situated in the City of Fort Worth, Tarrant County, Texas and being more particularly described as follows: l3FGINNTIVG at a point on the North line of Libezty Crossing Addition, an addition to the City o£ Ft. Worth, Tarrant County, Texas, 'T~NCE Due West, alozzg said 'North Iine, a distance of 2785.48 feet, to a paint on the East right-af--way line of the Burlington Nort3aern Santa Fe Railway Company, a 100=foot right-of way width; ' TFIENCE North t}l degrees 26 minutes 11 seconds East, along said East right-of way line, a distance of 3339.88 feet, to a point; TI~NCE Northwesterly, over and across The Trails of Fossil Creek the fallowing calls: N'ar~th 89 degrees 27 minutes 35 seconds West, a distance a£ 394.69 feet, to a point; North 00 degrees 02 minutes 22 secands East, a distance of 98.96 feet, to a paint; North 89 degrees 55 minutes 14 seconds West, a distance of 1488.67 feet, to a point; South 00 degrees 02 minutes 22 secands West, a distance of 184,49 feet, to a paint; North 82 degrees 37 minutes 38 seconds West, a distance of 264,47 feet, to a point on the common line of said 1-fills of Fossil Creels and Fossil Hills; TTILNCJC+ North 00 degrees 20 minutes 34 seconds West, along said conunon line, a distance of 1908.99 feet, to a point on the South right-of-Tway line of Bands Ranch Road, a 126-foot right-of-way; T~1l~CF North 89 degrees 53 minutes S1 seconds West, along said South right-of-way line, a distance of 646.75 £eet to a point; TI~IVCF Northwesterly, over and across Emerald Fork the following calls: North D8 degrees 22 minutes 44 seconds West, a distance o£ 895.53 feet, to a point; North 29 degrees 33 minutes 46 seconds West, a distance of 2483.01 feet, to a point for the Northeast corner of Van Zant Addition; T~NC1~ North 89 degrees 29 aninutes l5 secands West, along 11xe North line of said Van Zant Addition, a distance of 3355.64 feet, to a point; 'IHl•;NCB Northerly, delineating the Northerly line of the herein described Sanitary Sewer Basin Description the following palls: North 15 degrees l2 minutes 55 seconds West, a distance o£ 1983.19 feet, to a point; North 04 degrees 48 minutes 44 seconds East, a distance of 1078.73 feet, to a paint; North 36 degrees 16 axtiizutes 30 seconds East, a distance of 786.50 feet, to a point; North 70 degrees 57 minutes 2$ seconds East, passing X7.5. Highway 287, for a total distance of 1353.95 feet, to a point; South 64 degrees 24 minutes 33 seconds East, a distance of 3335.51 feet, to a paint; North 80 degrees 22 minutes 46 secands Fast, a distance of 1016.06 feat, to a point; North. 35 degrees 27 minutes 26 seconds East, a distance of lOS9.49 feet, to a point; North 65 degrees 55 minutes 42 seconds East, a distance of 1045.82 feet, to a point; North 40 degrees 06 minutes 39 seconds Fast, a distance of 678,77 feet, to a point; North 86 degrees 34 minutes 58 seconds East, passing the aforementioned BNSF Railroad, for a fatal distance of 1783,34 feet, to a point; Sauth 69 degrees 39 minutes 5b secands East, a distanaa o£ 1381.48 £eet, to a paizxt; South S2 degrees l8 minutes 39 seconds East, passing County Road 156, for a total distance of 1567.99 feet, to a point; South 3fl degrees 00 minutes 32 seconds East, a distance of 1523.43 feet, to a point; South 62 degrees 30 minutes 22 seconds East, passing White Road, for a total distance of 1515.77 Feet, to a point; South 21 degrees 46 minutes 29 seconds East, a distance o£ 1048.08 feet, to a paint; South 63 degrees 50 minutes 40 seconds Wast, passing said White Raad, for a total distance of 4700.7b feet, to a point; South 17 degrees 25 minutes 45 seconds West, passing said Bonds Ranch Raad, for a total a distance of 3515.24 feet, tp a point; South 23 degrees 1S minutes 18 seconds East, a distance of 3407.21 feet, to the JOINT OF B~GFNNII~TG aaad containing 1,935 acres (84,278,351 square £eet) o£land, Mayor and Council Communication COUNCIL ACTION: Approved on 3!2412005 -Ordinance Na. 76333-03-2005 DATE: Thursday, March 24, 2QQ5 LOG NAME: 60HORTON REFERENCE NO.: **G-14714 SUB.IECT: Adoption of an Ordinance for Sewer Per Acre Charge for M-74Q* Sewer Main RECOMIVIEN©ATiON: It is recommended that the City Council adapt the attached ordinance and boundary map to: 1. Establish $393.67 as the sewer per acre charge for sanitary sewer Main M-740; and 2. Establish the basin boundaries for these per acre charges far the last date of assessment to be ten years from the approval date of this ordinance, with reimbursemen# to D.R. Horton -Texas, L.T.D., and far an unlimited time to the City of Fort Worth for per acres charges collected. 171SCl1SSION: D.R. Horton -Texas, L.T.D., the developer of Emerald Park Estates, a 147 acre development, installed sewer Main M-740*. The main was upsized to serve other areas. The cost was shared between the developer and the City of Fort Worth. This sewer main was approximately 9,949 linear feet and provides service far 1,935 acres. The qualified costs used to establish the M-740` per acre charge are engineering, easement and construction costs as outlined below: Engineering Cost $96,095.70 Easement Cost $5, 675.00 Construction Cast $659 ~$~ TOTAL $761,757.70 This main meets the criteria established under the per acre charge policy. There is no restriction to the time period in which the per-acre charge wi11 apply. The reimbursement will be to the Fort Worth Water Department as additional development is connected to M-740*. The percentage of the per acre charge that will be reimbursed to D.R. Horton -Texas, L.T.D. is 82% and to the City of Fort Worth is 18% per the Community Facilities Agreement cost-sharing rafio. The projects Emerald Park, Section 1 (F'P002.150}, Emerald Park, Section 2 {FP003-129) and The Trails of 1=ossil Creek, Phase 1 (PP004-024), which are within this sanitary sewer basin, will be required to reimburse the City 18% of the per acre charge, but are exempt from the developer's 82% per acre charge per private developer agreement. The maximum reimbursement time period for the developer is 10 years from the approval date of this Logname: bOHORTON Page 1 of 2 ordinance. The City has no time limit. This de~elapment is located in Council ©istrict 7. FISCAL lNFORMATiONICERT1f~ICATiON: The Finance Director certifies that the Water Department is responsible for the cofiec#ion and deposit of funds due to the City as a result of this action. TO FundlAccount/Centers FROM FundlAccountlCenters P~45 493022 0701000 0.p0 Submitted for City Manager's Office bye Marc Ott (8476} Ori inatin ©e artrnent Head: S. Frank Crumb (Acting} (8207) Additional Information Co~tact• S. Frank Crumb (Acting) (8207) Logname: 60HORTON Pa~c 2 of 2