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HomeMy WebLinkAboutOrdinance 23276-06-2018 ORDINANCE NO. 23276-06-2018 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE FOR OVERSIZING A DEVELOPER INITIATED 16-INCH WATER MAIN TO A 36-INCH WATER MAIN FOR THE MORNINGSTAR DEVELOPMENT, NORTH OF WALSH RANCH RESERVOIR AND PUMP STATION ALONG INTERSTATE HIGHWAY 20; 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 36-inch water main to serve Morningstar Development, north of the Walsh Ranch Reservoir and pump station and along Interstate Highway 20; WHEREAS, Fort Worth Water Department requested the approach water main to be upsized from 16 inches to 36 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, north of the Walsh Ranch Reservoir and pump station and along Interstate Highway 20, and that such Developer initiated approach water main is 36-inches in diameter. SECTION 2. The City Council finds that $1,037,683 is the Developer's portion of the development cost for the Developer initiated approach water main. The City Council also finds that$528,227 is the City cost participation to upsize the Developer initiated approach water main. Therefore, $60,855 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 the Fort Worth Water Department. Percentage of reimbursement will be 69.1%to the Developer and 30.9%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 (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 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: Christa . Lopez-ReVnolds ary J. Ka ` r Sr. Assistant City Attorney City Secre ADOPTED & EFFECTIVE: June 26, 2018 0 c N m a N 6 0 0 o_ 3 v 0 m 0 r- F 1 N ` f OD e � M 1 � I E t � i 3 d � 7 1 O A FwmcC Boundaryc� i q co L. .. 1 36-Inch Offsite i k Water Line WS5 I t 1 1 / 1 I 1 I 1 ' r I s 1 B {6 - F 5/18/2018 COPVRIGUCTION IS YOFATIONORTH 60MORNINGSTAR361NCHWS5WMCC FOR,.TWORTH h UNAUTHORIZED REPRODUCTION ISAVIOLATION OF APPLICABLE-AWS THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THEACCURACYISNOTTOBETANEN/USEDASOATAPROOUCEDFOR $60,85500 PER MGD WATER ENGINEERING PURPOSES OR BV AREGISTERED PROFESSIONAL LAND . ^' SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY I V FOR THE ACCURACY OF SAID DATA. B 1,600 3200 6,400 Feet City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/26/2018 - Ordinance No. 23276-06-2018 DATE: Tuesday, June 26, 2018 REFERENCE NO.: **G-19322 LOG NAME: 60WS5 MORNINGSTAR 36-INCH WMCC SUBJECT: Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$60,855.00 Per Million Gallons Per Day for a Thirty Six-Inch Water Main to Serve Morningstar Development, North of the Walsh Ranch Reservoir and Pump Stations and Along Interstate Highway 20, 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 36-inch water main to serve Morningstar Development, north of the Walsh Ranch Reservoir and pump stations and along Interstate Highway 20 to be $60,855.00 per million gallons per day 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 36-inch water main north of the Walsh Ranch Reservoir and pump stations and along Interstate Highway 20 was installed by FG Aledo Development LLC. 4,680 linear feet of the 36-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 $1,859,737.00. F.G Aledo Development LLC, the developer, paid for the engineering cost, easement cost, and construction cost. Fort Worth Water Department and Walsh Ranch Development contributed to the cost to upsize the approach water main from 16 inches to 36 inches in diameter. The qualified costs used to establish this water main capacity charge are outlined below: Developer Construction Cost $ 1,037,683 City Construction Cost Participation F$-528,227 Walsh Ranch Cost Participation $ 149,398 Engineering Design Cost $ 81,432 Easement Cost $ 62,997 Total —[$-1,859,737 Logname: 60WS5 MORNINGSTAR 36-INCH_WMCC Page I of 2 The water main capacity charge for the 36-inch water main is $60,855.00 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. Percentage of reimbursement is to be 69.1% to the Developer and 30.9% to the Water Department. Walsh Ranch Development agreed to pay for Walsh Ranch's needed capacity at the time of construction of the 36-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 $1,710,339.00. 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" as defined by the City Code, 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 ordinance 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 upon approval, this action will establish a capacity charge as outlined above. The Water and Sewer Department has the responsibility for collection of funds outlined under this agreement. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID YearChartfleId 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 36-INCH_WMCC Page 2 of 2