HomeMy WebLinkAboutOrdinance 22322-08-2016 ORDINANCE NO. 22322-08-2016
AN ORDINANCE ADOPTING A WATER MAIN CAPACITY
CHARGE FOR A DEVELOPER-INITIATED 16-INCH WATER
MAIN FOR MORNINGSTAR DEVELOPMENT ALONG OLD
WEATHERFORD ROAD; MAKING THIS ORDINANCE
CUMULATIVE OF OTHER ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 35 of the City Code, "Water and Sewers", Article III, Division 4
entitled "Water Main Capacity Charges" provides for the adoption of Water Main Capacity
charges by City Council to allow for developers and the City to recover cost incurred from
installing water mains offsite of their development and to set forth the method and procedures for
assessing reimbursements from subsequent developers wishing to connect to the offsite water
mains; and
WHEREAS, FG Aledo Development, LLC, the Developer, has initiated construction of
a 16-inch water main to serve Morningstar Development along Old Weatherford Road;
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 the Code of the City of Fort Worth as
amended (1986), Chapter 35 "Water and Sewers", Article III, Division 4, Sections 35-87 through
35-93, that the Developer has initiated construction of an approach water main to serve
Morningstar Development along Old Weatherford Road and that such Developer initiated
approach water main is 16-inches in diameter.
Ordinance No.22322-08-2016
Page I of 3
SECTION 2.
The City Council finds that $1,149,712.35 is the Developer's development cost for the
Developer initiated approach water main. Therefore, $332,286.00 per MGD is the Water Main
Capacity charge to be assessed if the plat meets the definition of "Other Development" as
defined in Section 35-88 of the City Code. The City Council further finds that the Water Main
Capacity charge has been calculated in accordance with the requirements of the Water Main
Capacity Charge Policy. This water main capacity charge will be reimbursed to FG Aledo
Development, LLC.
SECTION 3.
The City Council also hereby directs the City of Fort Water Department to review the plats that
are located in or around the boundary area as described in Exhibit "A" to determine if a charge
for reimbursement will be assessed in accordance with Section 35-93.
SECTION 4.
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 5.
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
Ordinance No. 22322-08-2016
Page 2 of 3
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 6.
This ordinance shall be effective upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Christa Reynolds, Ag istant ity A rney ary J. r�Cit Secretary
ADOPTED & EFFECTIVE: Auy-ust 2, 2016
Ordinance No.22322-08-2016
Page 3 of 3
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UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS $332,286.Q0 Per MGD WMCC
THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/2/2016 - Ordinance No. 22322-08-2016
DATE: Tuesday, August 2, 2016 REFERENCE NO.: **G-18789
LOG NAME: 60MORNINGSTARWMCCWS4
SUBJECT:
Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$332,286.00 Per Million
Gallons Per Day for a Sixteen-Inch Water Main to Serve Morningstar Development Pursuant to Chapter
35, Article III, Division IV, Water Main Capacity Charges, Section 35-90 and 35-92 of the City Code
(ADJACENT TO COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance to establish the water main capacity charge for the 16-inch water main to
serve Morningstar Development in Old Weatherford Road, to be $332,286.00 per million gallons per day
in accordance with City Code Chapter 35, Article III, Division IV, Water Main Capacity Charges, Section
35-90 and 35-92; and
2. Establish the boundary area for the water main to allow the Water Department to assess a
reimbursement to the Developer, FG Aledo Development, LLC, pursuant to Section 35-93(b).
DISCUSSION:
The 16-inch water main in Old Weatherford Road was installed by FG Aledo Development. Of the 16-inch
water main, 8,011 linear feet will serve Morningstar Development and surrounding developments within
the Westside IV pressure plane.
The qualified cost used to establish this water main capacity charge is $1,149,712.35. FG Aledo
Development, the developer, paid for the engineering cost, easement cost and construction cost.
The qualified costs used to establish this water main capacity charge are outlined below:
Construction Cost $$ 849,898.35
Engineering Design Cost 145,000.00
Easement Cost 154,814.00
Total 1,149,712.35
The water main capacity charge for the 16-inch water main in Old Weatherford Road is $332,286.00 per
MGD in accordance with City Code Section 35-92. This amount will be reimbursed to the Developer, FG
Aledo Development, LLC.
This water main meets the criteria established under the water main capacity charge policy.
The boundary area is determined for the purpose of assessment review. The boundary is used as a
guideline, not as a definitive boundary for service area due to the possibility of varying lots sizes that may
Logname: 60MORNINGSTARWMCCWS4 Page 1 of 2
be proposed. If a plat meets the definition of"Other Development" stated in the water main capacity
charge policy, then the plat will be assessed the water main capacity charge even though the plat may be
located adjacent to, within, and/or outside the boundary area.
The adoption of this charge is in accordance with Chapter 35, "Water and Sewers", Division IV, "Water
Main Capacity Charges".
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
F.IKIn inaNTIFIERS (FIDs):
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TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # 1Amoun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: John Carman (8246)
Additional Information Contact: Victor Tenero (8055)
Logname: 60MORNINGSTARWMCCWS4 Page 2 of 2