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HomeMy WebLinkAboutOrdinance 27619-05-2025ORDINANCE No. 27619-05-2025 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 2461.33 ACRES SERVED BY DEVELOPER SEWER MAIN PROJECT ("LAPRELLE OFFSITE SEWER LINE") LOCATED NEAR 544 BLUE MOUND RD; 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, TPHMI DFW 4047, LLC, hereinafter referred to as "Developer", is constructing an offsite sanitary sewer main (City Project Number 104588) located near 544 Blue Mound Road and Highway 287; and WHEREAS, City of Fort Worth Water Department cost participated in the construction of this project 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 approximately 2,083 linear feet of 21-inch sewer main and 1,474 linear feet of 15-inch sewer main to serve the TPHMI DFW 4047, LLC (Laprelle) development and surrounding areas. The City cost participated in this project to upsize this sanitary sewer extension. Further, the City Council finds that the Sanitary Sewer Improvements will serve a calculated sewer basin area of 2461.33 acres, such sewer basin being more fully described in the attached Exhibit "A", ("Sewer Basin") which is attached hereto and made a part hereof for all purposes. This sewer main is located in the Council District 10. SECTION 2. The City Council finds that the City's qualified costs to upsize the sanitary sewer extension is $2,891,459.15. 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 the Sewer Basin, which shall be $1,174.75 per acre. One hundred percent of the per acre charge collected for the City of Fort Worth Water Department is eligible for reimbursement. 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. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: M. Kevin Anders, II (Jun 3, 202515:02 CDT) Assistant City Attorney ADOPTED AND EFFECTIVE: May 13, 2025 �4�Z��ab �44 V 00 Ao� & n o oo� 0P �. 0 O � 0. ccozo 0 0 di * QQ oo n * � co 0 ,� n,�� rFXAS CITY SECRETARY Jannette S. Goodall City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 05/13/25 M&C FILE NUMBER: M&C 25-0408 LOG NAME: 60LAPRELLE OFFSITE SEWER PER ACRE CHARGE SUBJECT (CD 10) Adopt Ordinance to Establish a Sewer Per Acre Charge in the Amount of $1,174.75 Per Acre for the Sewer Main Extension to Serve Laprelle 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 $1,174.75 per acre sewer per acre charge for the sewer extension to serve Laprelle 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. 104588, X-27630). TPHMI DFW 4047, LLC is constructing approximately 958.94 linear feet of 24-inch, 2,083 linear feet of 21-inch, and 1,474 linear feet of 15-inch sewer main to serve Laprelle 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 2461.33 acres. The qualified costs used to establish this per acre charge are outlined below: City Secretary Contract No. City Costs (Construction 161796 1$2,891,459.15 Total I$2,891,459.15 The net acreage of the calculated sewer basin is 2461.333 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 Laprelle is $1,174.75 per acre. The percentage of the per acre charge collected that will be eligible to be reimbursed shall be 100% to the Fort Worth Water Department. 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 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 Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Matt Kusnir 8219 Julie Perez 8226