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HomeMy WebLinkAboutOrdinance 16377-04-2005ORDINANCE No. I {p'~"j`7 -- C7~- ~~ AN ORDINANCE AMENDING THE DEFINITION OF "CITY INITIATED SEWER MAIN" AS CONTAINED IN SECTION 35-82, DEFINITIONS; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTTVE DATE. WHEREAS, on May 14, 2402, the City Council adapted City of Fort Worth Ordinance Na. 15095 providing for the adoption of per acre charges when certain criteria are met, now codified at Section 35-82 et seq of the Cade of the City of Fart Worth (1956}, as amended; and WHEREAS, it is necessary to amend Section 35-82, Definitions, to change the major criteria for the City to recover per acre charges firom a fifteen-inch (15") to an eight-inch (8"} ar larger sewer main to be constructed with City funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTI®]~ 1. The definition of "City Initiated Sewer Main" as contained in Section 3S-82of the Code of the City of Fort Worth (1986), as amended, is amended to read as follows: "City initiated sewer main" shall mean any sewer main constructed by the city that is eight inches (S") or greater, regardless of the length of the pipe constructed or the size o f the sewer basin. SECTION 2. A11 other definitions contained in Section 35-82 of the Code of the City of Fart Wroth (1986), as amended, remain unchanged. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are Hereby repealed. 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 sha11 not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the saaaae 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 S. This ordinance shall be effective upon adoption. APPROVED AS TO FORM AND LEGALITY; Assistant ity Attorney ADOPTED: ~ ~ ~ ~ ~ ~LJ City of ~"®rt VV®rth, ~"exas Mayor and Council Communication RECOMMEIVDATlON: It is recommended that the City Council adopt the ordinance amending City of Fort Worth Ordinance No. 15095 far sewer per acre charge. D1SCU5SION: On May 14, 2002 (M&C G-13621), the City Council adopted Ordinance No. 15[395, establishing a per acre charge far certain sanitary sewer mains and reimbursements to a developer and the City of Fort Worth. The current ordinance allows the City to collect per acre charges for 15Winch or larger sewer mains regardless of the length of pipe constructed or the size of the sewer basin. The amendment to Ordinance No. 15095 will allow the City of Fort Worth to recover per acre charges for elght~inch or larger sewer mains to be constructed with City funds. The assessment of the per acre charge is on properties located within the calculated sewer basin area served by the approach sewer main. The total amount of assessment is determined by multiplying the per acre charge to the gross acres of the final platted area. The total assessment amount is to be paid prior to the filing of the final plat. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that the Water Department is responsible for the collection and deposit of funds due to the City as a result of this action. TO FundlAccountlCenters FROM FundlAccountlCenters ~~~s ~vA~~ous o~o~oco a.oa Submitted for City Mara,ager's_ Office b~. Marc Ott (8478) Orig~natinp Department Head: S. Frank Crumb (Acting) (8207) Additional Inforrrration Car;tact; S. Frank Crumb (Acting) (8207) Logname: &OPER ACRE Page 1 of 1