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HomeMy WebLinkAboutOrdinance 19168-06-2010ORDINANCE NO 19168-06-2010 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE FOR A DEVELOPER INITIATED 24-INCH WATER MAIN WEST OF FM 156 AT THE HWY 114 INTERSECTION, 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 developer wishing to connect to the offsite water mains, and WHEREAS a Developer has initiated construction of a 24-inch water main west of FM 156 at the Hwy 114 intersection, WHEREAS the MAW River's Edge, LP participated in the cost of the 24-inch waterline and will share the reimbursement along with the city as follows. MAW River's Edge, LP 54 8% City of Fort Worth 45.2% NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 The City Council finds, m 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 mrtiated construction of an approach water main west of FM 156 at the Hwy 114 intersection and that such Developer initiated approach water main is 24-inches m diameter SECTION 2. The City Council finds that $959,253.90 is the cost for the Developer initiated approach water main. Therefore, $67,553 09 per MGD is the Water Main Capacity charge to be assessed if the plat meets the definition of `Other Development" as defined m 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 SECTION 3. The City Council also hereby directs the City of Fort Water Department to review the plats that are located m or around the boundary area as described in Exhibit A to determine if a charge for reimbursement will be assessed m 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 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 5. It is hereby declared to be the intention of the Crty 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 6. This ordinance shall be effective upon adoption. APPROVED AS TO FORM AND LEGALITY Assistant Crty Attorney ADOPTED June 8, 2010 O A f7 IJ O O A For general purpose only. Contact City of Fort Worth Transportation and Public Works a1617.392.6426 to gel plan information for design or construction purposes. 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DATE Tuesday June 08 2010 REFERENCE NO *G-16947 LOG NAME 60HIGHWAY 114 241NCH WATERLINE SUBJECT Adopt an Ordinance to Establish a Water Main Capacity Charge in the Amount of $67,553 09 Per Million Gallons Per Day for aTwenty-Four Inch Water Main West of Farm to Market Road 156 at the US Highway 114 Intersection Pursuant to Sections 35-90 and 35-92 of the City Code (COUNCIL DISTRICT 2) RECOMMENDATION It is recommended that the City Council 1 Adopt the attached ordinance to establish the water main capacity charge for the twenty-four inch water main west of Farm to Market Road 156 at the US Highway 114 intersection to be $67 553 09 per million gallons per day in accordance with City Code Sections 35-90 and 35-92; and 2. Establish the boundary area for the water main to allow the Water Department to assess reimbursements to the City and MAW River's Edge LP pursuant to Section 35-93(b). DISCUSSION The 24 inch water main west of Farm to Market Road 156 at the US Highway 114 intersection was installed by the MAW River's Edge LP and Fort Worth Water Department. A total of 6,220 74 linear feet of the 24 inch water main was installed and will serve developments located west of Farm to Market Road 156 at the US Highway 114 intersection The qualified costs used to establish this water main capacity charge are Construction Cost Engineering Cost Easement Acquisition Cost Total Cost $795 621 95 $101 675 00 $61,956.95 $959 253 90 MAW River's Edge LP and the City of Fort Worth will share a portion of water main capacity charge as follows. MAW River's Edge LP City of Fort Worth Water Department 54 8 Percent 45 2 Percent The water main capacity charge for the 24 inch water main west of Farm to Market Road 156 at the US Highway 114 intersection is $67 553 09 per million gallons per day (MGD) in accordance with City Code Section 35-92 This amount will be reimbursed to the City of Fort Worth Water Department and MAW River's Edge LP Logname: 60HIGHWAY 114 24INCH WATERLINE Page 1 of 2 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 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 The water main is located adjacent to COUNCIL DISTRICT 2 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that the Water Department is responsible for the collection and deposit of funds due to the City FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers PE45 493532 0601000 0.00 PE45 240061 0000000 0.00 CERTIFICATIONS Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head. S Frank Crumb (8207) Additional Information Contact: Wendy Chi-Babulal (8242) Logname: 60HIGHWAY 114 24INCH WATERLINE Page 2 of 2