HomeMy WebLinkAboutOrdinance 23275-06-2018 ORDINANCE NO. 23275-06-2018
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE FOR THE OVERSIZING OF A
DEVELOPER INITIATED 16-INCH WATER MAIN TO A
24-INCH WATER MAIN FOR THE MORNINGSTAR
DEVELOPMENT ALONG FARMER RD (FM 3325);
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 Farmer Rd
(FM 3325);
WHEREAS, Fort Worth Water Department requested approach water main to be
upsized from 16 inches to 24 inches in diameter;
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 Farmer Rd (FM 3325) and that such Developer initiated
approach water main shall be upsized at the request of the City to be 24-inches in diameter.
SECTION 2.
The City Council finds that $842,500 is the Developer's portion of the development cost
for the Developer initiated approach water main. The City Council also finds that$232,975
is the City cost participation to upsize the Developer initiated approach water main.
Therefore, $84,284 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 both FG Aledo Development, LLC, and Fort
Worth Water Department. Percentage of funds to be reimbursed will be 78.3% to the
Developer and 21.7%to the Water Department.
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, 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 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: ATTEST:
UC
Christa . Lopez-R nolds ary J.
Sr. Assistant City Attorney City Secre ary
ADOPTED & EFFECTIVE: June 26, 2018
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/26/2018 - Ordinance No. 23275-06-2018
DATE: Tuesday, June 26, 2018 REFERENCE NO.: **G-19321
LOG NAME: 60WS5 MORNINGSTAR 24-INCH WMCC
SUBJECT:
Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$85,772.00 Per Million
Gallons Per Day for a Twenty Four-Inch Water Main to Serve Morningstar Development Along Farmer
Road 3225, Pursuant to Chapter 35, Article III, Division IV, 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 24-inch water
main to serve Morningstar Development along Farm Rd (FM 3225), to be $85,772.00 per,million
gallons per day (MGD) in accordance with City Code Chapter 35, Article III, Division IV, 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 Developer, FG Aledo Development, LLC, and the City pursuant to Section 35-
93(c).
DISCUSSION:
The 24-inch water main along Farm Road (FM 3225) was installed by FG Aledo Development LLC.
5,065 linear feet of the 24-inch water main will serve Morningstar Development and surrounding
developments within the Westside V pressure plane.
The qualified cost used to establish this water main capacity charge is $1,094,463.00. FG Aledo
Development LLC, the developer, paid for the engineering cost, easement cost, and construction
cost. Fort Worth Water Department and Walsh Ranch Development paid to upsize the approach
water main from 16 inches to 24 inches in diameter.
The qualified costs used to establish this water main capacity charge are outlined below:
Developer Construction Cost F $696,218.00
City Construction Cost Participation $232,975.00
Walsh Ranch Cost Participation 18,988.00
Engineering Design Cost $88,131.00
Easement Cost 1 $58,151.00
Total $1,094,463.00
Logname: 60WS5_M0RNINGSTAR 24-INCH_WMCC Page 1 of 2
The water main capacity charge for the 24-inch water main is $85,772.00 per MGD in accordance with
City Code Section 35-92. This amount will be reimbursed to the Developer (FG Aledo Development, LLC)
and Fort Worth Water Department with 78.3% reimbursed to the Developer and 21.7% to the Water
Department.
Walsh Ranch Development paid for the water capacity needed for their development at the time of
construction of the 24-inch water line. Walsh Ranch development is not eligible for reimbursement for this
water main capacity charge. Total collections on this water main capacity charge will be capped at
$1,075,475.00. 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 3 in the City of Fort Worth ETJ.
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 establish a capacity charge as outlined within this
Mayor and Council Communication. The Water and Sewer Department will have the responsibility to
collect funds under the agreement.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # mount
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # �mi;—Ul
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder (5020)
Wendy Chi-Babulal (8242)
Additional Information Contact: Wade Goodman (7139)
Logname: 60WS5_M0RNINGSTAR 24-INCH_WMCC Page 2 of 2