Loading...
HomeMy WebLinkAboutOrdinance 23537-01-2019ORDINANCE NO. 23537-01-2019 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE FOR OVERSIZING A DEVELOPER INITIATED WATER MAIN TO A 36 -INCH WATER MAIN FOR THE CHAPEL HILL DEVELOPMENT, LOCATED AT 3000 W BONDS RANCH RD; 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, Realty Capital Corporation, the Developer, has initiated construction of a 36 -inch water main to serve Chapel Hill, located at 3000 W Bonds Ranch Rd, within the Northside III pressure plane boundary; WHEREAS, Fort Worth Water Department requested approach water main to be upsized from 24 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 IIl, Division 4, Sections 35-87 through 35-93, that the Developer has initiated construction of an approach water main to serve Chapel Hill, located at 3000 W Bonds Ranch Rd, and that such Developer initiated approach water main is 36 -inches in diameter. SECTION 2. The City Council finds that $865,949.46 is the City cost participation to upsize the Developer initiated approach water main. Therefore, $28,336.04 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 the City of Fort Worth 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. A"PRO V ED A� TO FORM AND LEGALITY: � \-i —), A - k-, Christa R. opez-Reyno s 3r. Assistant City Attorney ADOPTED & EFFECTIVE: January 29, 2019 12/6/2018 COPYRIGHT MIS CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS AVIOLATION OF APPLICABLE LAWS THIS DATA IS TO BE USED FOR AGRAPHICAL REPRESENTATION ONLY. THE ACCURACY 19 NOT TO SE TAKEN I USEDAS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERE D PROFESSIONAL LAND SURVEYOR THE CITYOF PORT WOW" ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. EXHIBIT A: 60CHAPEL HILL 36 -INCH NS3 WATER LINE WATER MAIN CAPACITY CHARGE $28,336.04 PER MGD FoR_ , WATER N 0 1,050 2,100 0]00 Feel City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/29/2019 . Ordinance Ido: 23537r01«2Q19 r; ::3 „', DATE: Tuesday, January 29, 2019 REFERENCE NO.: **G-19461 LOG NAME: 60CHAPEL HILL 36 -INCH NS3 WATER LINE WMCC SUBJECT: Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of $28,336.04 per Million Gallons per Day for a Thirty Six -Inch Water Main to Serve Chapel Hill Development, Pursuant to Chapter 35, Article III, Division IV, Water Main Capacity Charges, Section 35-90 and 35-92 of the City Code (ETJ and COUNCIL DISTRICT 7) 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 Chapel Hill development to be $28,336.04 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 City pursuant to Section 35-93(c). DISCUSSION: The 36 -inch water main was installed by Realty Capital Corporation beginning at the 9700 Block of Old Decatur Rd, then 8,970 linear feet North along the West Right -of -Way boundary for Business Highway 287. The 36 -inch main will serve the Chapel Hill Development and surrounding areas within the Northside III pressure plane. The qualified cost used to establish this water main capacity charge is outlined below: [Project Name M&C ,.- Contract DOE No. JChapel Hill Water Main Extension C-19468 127991 13733 Plan No. (X-13734 (City Cost ($865,949.46 Participation The water main capacity charge for the 36 -inch water main is $28,336.04 per MGD in accordance with City Code Section 35-92. This amount will be reimbursed to the City of Fort Worth Water Department to recover the costs incurred by the utility to upsize the water main for future development to be served by the main Logname: 60CHAPEL HILL 36 -INCH NS3 WATER LINE WMCC Page 1 of 2 This water main meets the criteria established under the water main capacity charge policy The boundary area, as shown in Exhibit A, 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 lot 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 in the City of Fort Worth ETJ and COUNCIL DISTFZICT 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the establishment of this water main capacity charge will allow the city to recapture costs associated with the capital investment in water lines. Upon approval, the Water Department has the responsibility to collect fees under this ordinance. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) ROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID I ID I I Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Chris Harder (5020) Wade Goodman (7139) Wendy Chi-Babulal (8242) Logname: 60CHAPEL HILL 36 -INCH NS3 WATER LINE WMCC Page 2 of 2