HomeMy WebLinkAboutOrdinance 18195-07-2008ORDINANCE NO. 18195-07-200$
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE FOR A DEVELOPER INITIATED
24-INCH WATER MAIN FOR VISTA CROSSROADS IN
AVONDALE-HASLET ROAD, WILLOW SPRINGS AND
FUTURE CANYON WAY; MAII~NNG THIS ORDDINANCE
CUMULATIVE OF OTHER ORDINANCES; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WI~REAS, 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 to
serve Vista Crossroads in Willow Springs, Avondale-Haslet Road and future Canyon
Way;
WHEREAS, the Developer has waived its portion of the water main capacity
charge in order to receive additional city participation on the construction of the 24-inch
water main.
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 Vista Crossroads in Willow Springs, Avondale-Haslet Road and future Canyon
Way and that such Developer initiated approach water main is 24-inches in diameter.
SECTION 2.
The City Council finds that $1,019,377.13 is the City portion of development cost
for the Developer initiated approach water main. Therefore, $71,787.12 per MGD is the
Water Main Capacity charge to be assessed if the plat meets the defmition 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.
SECTION 3.
The City Council also hereby directs the City of Fort Water Department to will 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 S.
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 6.
This ordinance shall be effective upon adoption.
PROVED AS TO FORM AND LEGALITY:
Assistant ity Attorney
ADOPTED: July 29, 2008
IVlayor and Council Communication
COUNCIL ACTION: Approved on 7/29/2008 -Ord. No. 18195-07-2008
DATE: Tuesday, July 29, 2008
LOG NAME: 60VISTA CROSSRD REFERENCE NO.: **G-16217
SUBJECT:
Adoption of an Ordinance to Establish a Water Main Capacity Charge in the Amount of $71,787.12
Per Million Gallons Per Day fora 24-Inch Water Main to Serve Vista Crossroads in Avondale Haslet
and Willow Springs and Future Canyon Way Pursuant Section 35-90 and 35-92 of the City Code
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance to establish the water main capacity charge for the 24-inch water main to
serve Vista Crossroads in Avondale-Haslet Road, Willow Springs and the future Canyon Way to be
$71,787.12 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 a
reimbursement to the City pursuant to Section 35-93(b).
DISCUSSION:
The 24-inch water main in Avondale Haslet, Willow Springs Road and future Canyon Way was installed by
the Fort Worth Water Department; 18,810 linear feet of the 24-inch water main will serve Vista Crossroads
and Sendera Ranch developments.
The qualified cost used to establish this water main capacity charge is the construction cost of
$1,019,377.13. Legacy Capital Partners, the developer, paid for the engineering cost and 50.07 percent of
the construction cost. The developer waived their portion of water main capacity charge.
The water main capacity charge for the 24-inch water main in Avondale Haslet, Willow Springs Road and
future Canyon Way is $71,787.12 per MGD in accordance with City Code Section 35-92. This amount will
be reimbursed to the Fort Worth Water Department.
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 DISTRICTS 2 and 7.
Logname: 60VISTA CROSSRD Page 1 of 2
FISGAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccounfilCenters
Submitted for City Manager's Office b~ Fernando Costa (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Wendy Chi-Babulal (8242)
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