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HomeMy WebLinkAboutOrdinance 15361~r .~ Vr"~ ~J ORDINANCE No ~~~~~ AN ORDINANCE ADOPTING A PER ACRE CHARGE FOR THE 3276 ACRES SERVED BY APPROACH SEWER MAIN M-452 FROM STATION 33+69 33 TO STATION 223+69 73, 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 cntena are met; and WHEREAS, DELL Computer Corporation, 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 m length, 2 Will serve 358 acres within the M-452 drainage area that was to be developed by DELL Computer Corporation, which is 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 3276 acres, and 3 Will be serving a sewer basin area that is equal to or greater than 1,000 acres NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS ~~ . ~ _' ~_ Section 1 The Crty Council finds, m accordance with Crty of Fort Worth Ordinance No 15095, Developer is constructing or participating m the construction of an approach sewer main that is approximately 3 6 miles m length. Further, the approach sewer main M-452 from station 33+69 33 to station 223+69 73 could have served the DELL Computer site, which consists of 358 acres, which is less than one-third of the calculated sewer basin area, such calculated sewer basin area being 3276 acres The calculated sewer basin boundary is more fully described in Exhibits "A" and "B", which are attached hereto and made a part hereof for all purposes. Section 2 The Crty Council finds that $2,011,479 is the development cost. Further, $613 00 is the per acre charge to be assessed within the calculated sewer basin. The City Council further finds that the per acre charge has been calculated m accordance with the requirements of Crty of Fort Worth Ordinance No 15095 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 m direct conflict with the provisions of such ordinances and such Code, m 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 ~_'- ~.-, . wf ~.,. phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~unsdichon, 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 m this ordinance of any such unconsrituhonal phrase, clause, sentence, paragraph or section. SECTION 5. 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. APPROVED A//S TO FORM Ai~TD LEGALITY l~ Assistant City Attorney ADOPTED ~ a J I ~ - ~ a Jf~ si '~ City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/17/02 **G-13828 60CHARGE 1 of 2 SUBJECT ADOPTION OF ORDINANCE FOR SEWER PER ACRE CHARGE FOR SEWER MAIN M-452 FROM STATION 33+69 33 TO STATION 223+69 73 RECOMMENDATION It is recommended that the City Council. adopt the attached ordinance and boundary map which establishes $613 00 as the per acre charge for sanitary sewer main M-452 from Station 33+69 33 to Station 223+69 73, the last date of assessment to be ten years from the approval date of this ordinance,. with reimbursement to Dell Computer Corporation for per acre charges collected DISCUSSION Dell Computer Corporation is installing a portion of sewer Main M-452 in accordance with its developer's agreement. This sewer main is approximately 3 6 miles long and provides service for 3,276 acres This portion of sewer main M-452 meets the criteria established under the per-acre charge ordinance, as listed below • The approach sewer main is at least 1 mile in length, and • The sewer basin. area to be served is at least 1,000 acres, and • The proposed development is less than 1/3 of the calculated sewer basin area served by the approach sewer main The costs included in the calculation for determining the per-acre charges are the approach main engineering, easement and construction costs These costs were provided by the developer and consultant and then confirmed by Water Department staff Engineering cost $ 228,351 Easement cost $ 324,541 Construction cost $1,459.538 Total $2,012,430 The gross acreage of the sewer basin served by this main is 3,276 acres, which is depicted on the boundary map attached to the ordinance The per-acre charge is then calculated by dividing the cost by the number of acres in the sewer basin being served by the approach main The maximum reimbursement time period is ten years from the approval date of this ordinance The reimbursement will be to Dell Computer Corporation ~. City of Fort Worth, Texas Mayor and Council Communication DATE 12/17/02 REFERENCE NUMBER **G-13828 LOG NAME ~ 60CHARGE PAGE 2 of 2 SUBJECT ADOPTION OF ORDINANCE FOR SEWER PER ACRE CHARGE FOR SEWER MAIN M-452 FROM STATION 33+69 33 TO STATION 223+69 73 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds MO•k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Dale Fisseler 8207 (from) APPROVED 12/17/02 ORDINANCE NO 15361 Additional Information Contact: Dale Fisseler 8207