HomeMy WebLinkAbout28145-12-2025 - City Council - OrdinanceORDINANCE No. 28145-12-2025
AN ORDINANCE ADOPTING A PER ACRE CHARGE IN
ACCORDANCE WITH CHAPTER 35, ARTICLE I11, DIVISION 3,
SEWER PER ACRE CHARGES, SECTIONS 35-81 THROUGH 35-
86 OF THE CITY CODE, FOR THE 2461.33 ACRES SERVED BY
DEVELOPER SEWER MAIN PROJECT (" MORNINGSTAR
WESTPOINT PARKWAY OFFSITE SEWER,,) 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, FG Aledo Development, LLC, hereinafter referred to as "Developer",
is constructing an offsite sanitary sewer main (City Project Number 105124) located near
the future intersection of Westpoint Blvd. and N. Indigo Sky Dr.; 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 approximately 4,028 linear feet of 24-inch sewer to serve the FG Aledo
Development, LLC (Morningstar) 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 1019.494676
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
ETJ.
SECTION 2.
The City Council finds that the City qualified costs to construct the FG Aledo
Development, LLC, sanitary sewer extension are $2,288,871.53. 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 $2,245.10 per acre. The percentage of the per acre charge collected that
will be eligible to be reimbursed to the City of Fort Worth Water Department shall be
100%.
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
M. Kevin Anders, I1
M. Kevin Anders, II (Dec 29, 2025 10:03:30 CST)
M. Kevin Anders, II
Assistant City Attorney
ADOPTED:December 09 2025
ATTEST:
Jannette S. Goodall
City Secretary
1
1
tEX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/09/25 M&C FILE NUMBER: M&C 25-1164
LOG NAME: 60MORNINGSTAR WESTPOINT PER ACRE CHARGE
SUBJECT
(ETJ) Adopt Ordinance to Establish a Sewer Per Acre Charge in the Amount of $2,245.10 Per Acre for the Sewer Main Extension to Serve
Morningstar 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 $2,245.10 per acre, sewer per acre charge for the sewer
extension to serve the Morningstar 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. 105124) (the Project). The wastewater collection main is located in the ETJ. 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.
FG Aledo Development, LLC is constructing approximately 4,936.38 linear feet of 24-inch sewer main to serve the Morningstar 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 1,019.494676 acres.
The qualified costs used to establish this per acre charge are outlined below:
Description City Project Number City Secretary Contract Total Cost Acres Cost Per MGD
24-inch WL Construction 105124 61370 $2,288,871.53
Total $2,288,871.531,019.494676 $2,245.10
The net acreage of the calculated sewer basin is 1,019.494676 acres. The sewer basin is depicted on the drainage map attached to this
M&C. The per acre charge is calculated by dividing the total costs by the number of acres in the sewer basin. The per acre charge for the sewer
extension for this Project is $2,245.10 per acre.
The percentage of the per acre charge collected that will be eligible to be reimbursed by the Fort Worth Water Department shall be 100% . There
is no restriction to the time period for reimbursement to the Fort Worth Water Department.
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
Matt Kusnir 8219
Additional Information Contact: Makayla Johnson 6529
Expedited