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HomeMy WebLinkAboutOrdinance 16201 ORDINANCE No ` ~ ~~ AN ORDINANCE AMENDING PARAGRAPH 2 OF ORDINANCE NO 15853 ADOPTING A PER ACRE CHARGE FOR THE 1523 ACRES SERVED BY APPROACH SEWER MAIN M-624* FROM STATION 0+00 TO STATION 124+80• MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS on February 3 2004 the Crty Council adopted City of Fort Worth Ordinance No 15853 creating a Sewer Per Acre charge for Main 624* providing for the adoption of per acre charges when certain cntena are met; and WHEREAS, it is necessary to amend City of Fort Worth Ordinance No 15853 to change the cost-shanng ration of the per acre charge contained therein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Section 1 Section 2 of City of Fort Worth Ordinance No 15853 is hereby amended to be and read as follows The City Council finds that $1 065 764 is the development cost. Further $699 77 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 Steve Hawkins Custom Home, LLC is 60 7% and to the Crty of Fort Worth is 39.3% m accordance with the Community Facilities Agreement cost-shanng ratio provided, however the City shall be entitled to be reimbursed 100% for the following subdivisions Carson Ranch, South Seminary Addition, and Clark Road. The Crty Council further finds that the per acre charge has been calculated in accordance with the requirements of City of Fort Worth Ordinance No 15095 Section 2 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 m 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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 3 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 ~unsdiction, 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 Crty Council without the incorporation m this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 4 This Ordinance shall be effective upon adoption. The maximum reimbursement time penod for a developer project is 10 years from the date of the adoption of City of Fort Worth Ordinance No 15853 APPROVED AS TO FORM AND LEGALITY `-7~ Assistant Crty Attorney ADOPTED ~~~~~ ~ . ~(~-~ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 11/9/2004 Ordinance 16201 DATE Tuesday November 09 2004 LOG NAME 60HAWKINS2 REFERENCE NO *C-20397 SUBJECT Adoption of Ordinance Amending City of Fort Worth Ordinance No 15853 for Sewer Per .Acre Charge for Main M-624 Sewer Main RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Ordinance No 15853 to amend the cost-sharing ratio of the per acre charge established for Sewer Main M-624 from station 0+00 to station 124+80 DISCUSSION On February 3 2004 (M&C C-19787) the City Council adopted Ordinance No 15853 establishing a sewer per acre charge between the City of Fort Worth and Steve Hawkins Custom Home LLC for water and sewer construction The attached amendment to Ordinance 15853 will correct an oversight in the existing ordinance and allow the City of Fort Worth to be reimbursed 100°l0 of the per acre charge for connections made within the following subdivisions. Carson Ranch South Seminary Addition and Clark Road The developer and the City will share reimbursement (60 7% and 39 3°l0) in the remainder of the area being assessed the per acre charge It is also proposed to waive per acre charges for the existing development that is currently served by septic systems in the South Seminary Addition and along Clark Road This will encourage these residents to tie into the public sewer system when it becomes available The City will, however continue to assess per acre charges to new development. This development is located in COUNCIL DISTRICT 6 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head. S Frank Crumb (Acting) (8207) Additional Information Contact: S Frank Crumb (Acting) (8207) Lo~name• 60HAWKINS2 PAQP. 1 of 1