HomeMy WebLinkAboutOrdinance 23708-06-2019 ORDINANCE NO. 23708-06-2019
AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWERS"
OF THE CODE OF THE CITY OF FORT WORTH, AS AMENDED, BY
AMENDING ARTICLE III, DIVISION 1, "GENERALLY", SECTION 35-
58 "ASSESSMENT FRONT FOOTAGE CHARGES FOR SERVICE
CONNECTION"; DIVISION 3, "SEWER PER ACRE CHARGES" TO
AMEND SECTION 35-82 "DEFINITIONS", SECTION 35-84
"CALCULATION OF THE PER ACRE CHARGE", SECTION 35-85
"ASSESSMENT AND PAYMENT OF THE PER ACRE CHARGE;
REFUND TO A DEVELOPER; ADMINISTRATION"; DIVISION 4,
"WATER MAIN CAPACITY CHARGES", TO AMEND SECTION 35-88
"DEFINITIONS", SECTION 35-91 "ASSUMPTIONS TO BE USED TO
CALCULATE MAXIMUM DAY DEMAND", SECTION 35-92
"CALCULATION OF WATER MAIN CAPACITY CHARGE", AND
SECTION 35-93 "ASSESSMENT AND PAYMENT OF THE WATER MAIN
CAPACITY CHARGE; REFUND TO A DEVLOPER AND CITY,
ADMINISTRATION"; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 35, Article III, Division 1 of the City Code establishes the
Front Foot Charge; and
WHEREAS, the purpose of the Front Foot Charge is to allow developers and the City
to recoup costs related to the construction of the water and sewer extensions; and
WHEREAS, Chapter 35, Article III, Division 3 of the City Code establishes the
Sewer Per Acre Charge;
WHEREAS, the purpose of the Sewer Per Acre Charge is to allow developers and the
city to recoup costs related to the construction of the sewer main extensions; and
WHEREAS, Chapter 35, Article III, Division 4 of the City Code establishes the Water
Main Capacity Charge; and
WHEREAS, the purpose of the Water Main Capacity Charge is to allow developers and
the City to recoup a portion of the costs related to the construction of the water mains; and
WHEREAS, the City is responsible for providing calculated basin area on wastewater
mains that have City cost participation for over-sizing developer-initiated approach wastewater
mains; and
WHEREAS, it is now necessary to adopted updated assumptions to be used to calculate
maximum day demand, updated the average daily demand calculations table and estimated
population density to be consistent with the new Water Department Installation Policy and Design
Criteria Manual (M&C G-19537) adopted on May 7, 2019; and
WHEREAS, it is now necessary to adopt updated calculation of water main capacity
charge for maximum design capacity requirements, updated calculation to be based on the change
in MGD capacity due to city cost participation to oversize water main and for developers to recoup
a portion of their costs along the frontage main that they installed; and
WHEREAS,the City wish to provide for a 20 year refund period for developers on all cost
recovery types; and
WHEREAS, the definitions in this ordinance now provide for consistency for all three
recovery types; and
WHEREAS, an annual cost adjustments for applicable charges for inflation is added at
two percent (2%); and
WHEREAS, this ordinance shall not provide for the administration for all three cost
recovery types to be consistent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Part II of the Code of the City of Fort Worth,Texas,as amended, Chapter 35, "Water and Sewers",
Article I "Charges", Division 3, "Generally", Section 35-58 "Assessment Front Footage Charges
For Service Connection" is hereby amended in its entirety to be as follows:
§35-58 Assessment Front Footage Charges For Service Connection.
(a) Generally. In addition to other connection charges provided in this chapter, a front footage
charge shall be paid for all service connections made to all water and sanitary sewer mains in the
following cases:
(1) Service connections or extensions made to serve adjacent property from an approach
facility constructed by a developer, single-customer property owner or the city;
(2) Service connections or extensions made to serve adjacent property from an approach
facility that has been replaced at developer, single-customer property owner cost or the city; and
(3) Service connections or extensions made to serve adjacent property from an approach
facility installed by multiple single-customer property owners or the city.
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(4) Service connections or extensions made to serve adjacent property from a frontage main
connecting from an approach main constructed or replaced by a developer, single-customer
property owner, multiple single-customer property owners or the city.
(b) Definitions. The following terms shall be defined as follows when used in this section.
APPROACH MAIN. A portion of the sanitary sewer or water main from the point of
connection to the existing main to the nearest property corner of the developing property.
CITY PARTICIPATION. The portion of the construction cost that the city reimburses a
developer under the policy for the installation of community facilities.
COMMERCIAL ESTABLISHMENT. Any establishment other than a one- or two-unit
residence.
DEVELOPER. Any type of new customer other than "single-customer property owner."
DEVELOPMENT COST.
(1) The cost incurred by the city related to either a city-initiated sanitary wastewater or
water main or the city participation costs in a developer-initiated wastewater or water
main, which costs are based upon the costs contained in the contracts awarded for the
construction of the water main, regardless of the final cost;
(2) The cost incurred by a developer related to the construction of a developer-initiated
wastewater or water main based solely on the cost of the contracts awarded for the
construction of such wastewater or water main, without regard to the final cost; or
(3) both (1) and (2).
DEVELOPER'S DEVELOPMENT COST PERCENTAGE. The development cost
incurred by the developer divided by the development cost, expressed as a percentage.
FRONT FOOTAGE. The number of linear feet in that portion of a property boundary
abutting a street, alley or easement containing a sanitary sewer or water main for which front
footage charges are collected for connection.
FRONTAGE MAIN. The portion of the sanitary sewer or water main located within the
frontage of the developing property.
FRONTAGE MAINELIGIBILTY. Frontage main eligibility may only occur when the
property's frontage main is shared with another property on the opposing side of the street
right-of-way to the Developer's property is owned by a separate landowner not affiliated with
the Developer.
SINGLE-CUSTOMER PROPERTY OWNER. An existing occupied residential
establishment or an existing commercial establishment.
(c) Sewers crossing through property served. In the case of an easement containing a sanitary
sewer for which footage charges are collected for connection, which sewer crosses through the
property served, the boundary on which the front footage charge is to be based shall be the length
of the sewer within the limits of such property measured along the centerline of such sewer.
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(d) Determination of front footage. Front footage to be used in application of front footage
charges shall be determined as follows:
(1) The front footage charge shall apply directly to property platted into lots or tracts of
land;
(2) Front footage charge shall be determined by using the longest boundary length
abutting a street, alley or easement containing a wastewater or water facility serving the property
or computed as one-six of the perimeter of such property, whichever is greater. The payment of
front footage charges by the customer shall be the greater amount as calculated above.
(3) The front footage charge shall be calculated as prescribed by the method in the policy
for installation of community facilities for water and sewer;
(4) The director shall be authorized to collect the front foot charge in the amounts
established by city council pursuant to this section and the policy for installation of community
facilities, whichever is greater; and
(5) The applicable front footage charges required hereunder for water or sanitary sewer
service connections shall be paid before the filing of a final plat, or before a plumbing permit can
be issued; and
(6) The front footage charge for frontage main eligibility shall be one-half the prescribed
calculated method in the policy of installation of community facilities for water and sewer for
service connections or extensions made to serve adjacent property.
(e) Determination of the front foot charge for the appropriate pipe size. Front footage
amounts to be used to determine the front footage charge calculated in subsection (d) above:
(1) The appropriate pipe size is determined based on the approved water and sewer
studies of the subsequent developments that will benefit from the connection to the existing
approach main or by the water department director's, or his or her designee's, approval.
(2) The proposed front foot charges are as follows:
Size of Connecting Pipe Water FFC
8-inch or Smaller $38.40
10-inch $48.16
12-inch $51.28
16-inch $67.13
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Size of Connecting Pipe Sewer FFC
8-inch or Smaller $48.20
10-inch $50.15
12-inch $58.36
15-inch $66.57
18-inch $74.78
21-inch $83.00
24-inch $103.00
(f)Administration of Front Foot Charge. The administration of front foot charges is as
follows:
(1) The water department shall be responsible for the collection, refund and maintenance
of front foot charges collected.
(2) The payment of the front foot charge assessed hereunder shall be paid prior to the
filing of final plat, or before a plumbing permit can be issued.
(3) A two percent (2%) annual cost adjustment shall be incorporated into the prescribed
front footage charge. Annual cost adjustment increase shall be assessed on January I"of the
following year for the established front footage charge. Annual cost adjustment shall be
accrued until below listed conditions are met regarding developer or city initiated wastewater
or water main projects.
(4) Approach main reimbursement may be equal to, but not greater than, 100% of the
cost for the water or wastewater approach main incurred by Developer.
(5) Frontage main reimbursement may be equal to, but not greater than 50% of the cost
for the frontage main incurred by the Developer.
(6) Front foot charges will be assessed for a period of 20 years, commencing on the date
that the City accepts the water or wastewater main.
(7) Collections and reimbursements of front foot charges will cease when the Developer
has been fully reimbursed or the time period for assessment of front foot charges has lapsed,
whichever occurs first.
(8) Reimbursement shall be made solely from front foot charges collected by the City
during the period that front foot charges are assessed for the water or wastewater service line
connections and point of connections to the water or wastewater main extension.
(9) Any assignment of front foot charges must be approved by the Water Department
Director prior to the execution of the assignment.
(10) Existing community facilities agreements with mains, or other facilities, eligible for
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front foot charge collections will continue under the policy that was in effect at the time the
agreement was executed.
(11) The reimbursement limit, together with the project number, date construction was
completed, permanent record number of main, limits of portion of the main upon which front
foot charges are collectible, and name of the entity entitled to the refund shall be documented
by the City.
(12) Upon written request by the Developer during the Month of November,
reimbursements will be made annually during the last 2 months of the calendar year from
which front foot charges were paid to the City.
(13) It is the responsibility of the developer/landowner requesting the refund to prove
their eligibility to receive the reimbursement due.
(14) In the event the developer/single customer property owner fails to request a
reimbursement of front foot charges within 6 months after the expiration of the eligibility to
receive funds, such un-reimbursed front foot charges shall become the property of the City.
(15) The amount of refund due to the developer each year shall be the assessed front
foot charge collected that year multiplied by the Developer's Development Cost Percentage.
The remaining portion of the amount collected that year shall be retained by the City as an
offset against the development cost incurred by the City.
(16) The City will recover the city development cost for city-initiated approach water
and/or sewer main projects or city participation in a developer-initiated approach water and/or
sewer main. The City's collection time will cease when city development cost has been fully
reimbursed.
SECTION 2.
Part II of the Code of the City of Fort Worth,Texas, as amended, Chapter 35, "Water and Sewers",
Article III "Charges", Division 3, "Sewer Per Acre Charges", Section 35-82 "Definitions" is
hereby amended to include the following definitions:
CITY PARTICIPATION. The portion of the construction cost that the city reimburses a
developer under the policy for the installation of community facilities. City
Participation includes the cost for over-sizing the developer-initiated approach
wastewater main.
FRONTAGE MAIN. The portion of the wastewater or water main located within the
frontage of the developing property.
FRONTAGE MAIN ELIGIBILTY(SEWER PER ACRE). Frontage main eligibility
may only occur when the property's frontage wastewater main is shared with another
property on the opposing side the Developer's property that is owned by a separate
landowner not affiliated with the Developer.
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SECTION 3.
Part II of the Code of the City of Fort Worth, Texas, as amended, Chapter 35, "Water and Sewers",
Article III "Charges", Division 3, "Sewer Per Acre Charges", Section 35-84 "Calculation of the
Per Acre Charge" subsection (a) is hereby amended to be as follows:
(a) In order for a per acre charge to be assessed, the city council must adopt an ordinance for
that purpose. For approach mains constructed under a developer initiated project, the Per Acre
Charge shall be calculated as follows.
(1) Development cost shall be determined consistent with the requirements of§ 35-83
above.
(2) The developer is responsible for providing the calculated basin area,together with any
necessary exhibits as may be reasonably requested by the city. An engineer licensed to practice
in the State of Texas shall prepare the calculated basin area. Sub-basins of 1,000 acres or more
shall not be included in the calculation of the sewer basin area.
(3) The development cost is divided by the calculated basin area expressed in acres to
determine the per acre charge.
(4) An ordinance will be presented to the City Council to establish the per acre charge.
(5) The City shall be responsible for providing calculated basin area, together with any
necessary exhibits on wastewater mains that have city cost participation for over-sizing the
developer-initiated approach and/or frontage wastewater main.
(6) Developer maybe eligible to recoup costs associated with installation of a frontage
wastewater main under a front foot charge if applicable to language described above in the
Frontage Main Eligibility (Sewer Per Acre)definition. (Refer to Chapter 35Water and Sewers,
Article III, Charges, Division 1, Sections 35-58 Assessment of Front Footage Charges for
Service Connection, of the City Code for more information.)
SECTION 4.
Part II of the Code of the City of Fort Worth, Texas, as amended, Chapter 35,"Water and Sewers",
Article III "Charges", Division 3, "Sewer Per Acre Charges", Section 35-85 "Assessment and
Payment of the Per Acre Charge; Refund to a Developer; Administration" is hereby amended in
its entirety to be as follows:
Section 35-85 Assessment and Payment of the Per Acre Charge; Refund to a Developer;
Administration.
(a) The water department shall be responsible for the collection, refund and
maintenance of per acre charges collected.
(b) Except as provided by subsection (c) below, a per acre charge shall be
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assessed each acre within the calculated sewer basin area served by a sewer
approach main or by a sewer main constructed under a city initiated project,
without exclusion or reduction.
(c) Park property that is dedicated by final plat or by other instrument prior to
the filing of the final plat shall not be assessed.
(d) The payment of the per acre charge assessed hereunder shall be paid at the
time the final plat for the proposed development is ready to be filed, but the plat
shall not be filed until the per acre charge has been paid.
(e) A two percent (2%) annual cost adjustment shall be incorporated into the
prescribed front footage charge. Annual cost adjustment increase shall be
assessed on January I"of the following year for the established front footage
charge. Annual cost adjustment shall be accrued until below listed conditions are
met regarding developer or city initiated wastewater main projects.
(f) A per acre charge will be assessed for a period of 20 years, commencing on
the date that the City accepts the wastewater main.
(g) Collections and reimbursements of a per acre charge will cease when the
Developer has been fully reimbursed or the time period for assessment of the per
acre charge has lapsed, whichever occurs first.
(h) Reimbursement shall be made solely from the per acre charge collected by the
City during the period that the per acre charge is assessed for the wastewater
service line connections and point of connections to the approach wastewater
main.
(i) Any assignment of the per acre charge must be approved by the Water
Department Director prior to the execution of the assignment.
0) Existing community facilities agreements with wastewater mains, or other
facilities, eligible for per acre charge collections will continue under the policy
that was in effect at the time the agreement was executed.
(k) The reimbursement limit,together with the project number, date construction
was completed, permanent record number of the wastewater main, limits of
portion of the wastewater main upon which a per acre charge is collectible, and
name of the entity entitled to the refund shall be documented by the City.
(1) Upon written request by the Developer during the Month of November,
reimbursements will be made annually during the last 2 months of the calendar
year from which per acre charges were paid to the City.
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(m) It is the responsibility of the developer/landowner requesting the refund to
prove their eligibility to receive the reimbursement due.
(n) In the event the developer/single customer property owner fails to request a
reimbursement on a per acre charge within 6 months after the expiration of the
eligibility to receive funds, such un-reimbursed charges shall become the property
of the City.
(o) The amount of refund due to the developer each year shall be the assessed per
acre capacity charge collected that year multiplied by the "developer's
development cost percentage." The remaining portion of the amount collected that
year shall be retained by the city as an offset against the development cost
incurred by the city.
(p) The City will recover the city development cost for city-initiated approach
wastewater main projects or city participation in a developer-initiated approach
wastewater main. The City's collection time will cease when city development
cost has been fully reimbursed.
SECTION 5.
Part II of the Code of the City of Fort Worth,Texas,as amended, Chapter 35, "Water and Sewers",
Article III "Charges", Division 4, "Water Main Capacity Charges", Section 35-88, "Definitions"
is hereby amended to include the following definitions:
FRONTAGE MAIN. The portion of the sanitary sewer or water main located within the
frontage of the developing property.
FRONTAGE MAINELIGIBILTY. Frontage main eligibility may only occur when the
property's frontage main is shared with another property on the opposing side of the
street right-of-way to the Developer's property that is owned by a separate landowner not
affiliated with the Developer.
SECTION 6.
Part II of the Code of the City of Fort Worth, Texas,as amended, Chapter 35,"Water and Sewers",
Article III "Charges", Division 4,"Water Main Capacity Charges", Section 35-91,"Assumptions
to be Used to Calculate Maximum Day Demand" is hereby amended as follows:
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Density Average Daily Maximum Day
Demand Peak Factor
Single-family (attached 3.5 people/unit or 14 200 gpcd 2.25
or detached) people/acre
Multifamily 2.5 people/unit or 52 180 gpcd 2.25
people/acre
Commercial 1 person per 400 SF or 50 gpcd 2.25
14 people/acre
Elementary-30
gpcd
Schools 60-75 students per acre Middle - 35 gpcd 2.25
High school - 40
gpcd
If the domestic annual average demand of the commercial, industrial or other development is
unknown during platting, the single-family density of 14 people per acre and an average daily
demand of 200 gallons per capita per day (GPCD) with a maximum day peak factor of two and
twenty-five hundredths shall be used.
SECTION 7.
Part II of the Code of the City of Fort Worth,Texas, as amended, Chapter 35,"Water and Sewers",
Article III "Charges", Division 4, "Water Main Capacity Charges", Section 35-92, "Calculation
of the Water Main Capacity Charge" is hereby amended as follows:
Section 35-92 Calculation of the Water Main Capacity Charge.
For approach water mains constructed under a developer-initiated or city-initiated
approach water main project, the water main capacity charge shall be calculated as
follows.
(a) Development cost shall be determined consistent with the definitions contained in
§ 35-88.
(b) For a developer-initiated approach water main, the developer is responsible for
providing all information, studies and exhibits that may be reasonably requested by
the city. For a city-initiated approach water main, the city's consultant engineer shall
provide any necessary exhibits as requested by the city.
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(c) For a developer-initiated approach water main that the City has cost participated to
over-size the approach water main,the City shall be responsible for providing
calculated basin area, together with any necessary exhibits on water mains that have
city cost participation for over-sizing the developer-initiated approach water main.
(d) For a developer-initiated frontage water main that the City has cost participated to
oversize, the Water Main Capacity Charge calculation shall be based on the delta
MGD capacity of over-sizing the developer-initiated approach water main.
(e) Developer maybe eligible to recoup costs associated with installation of a frontage
water main under a front foot charge if applicable to language described above in the
Frontage Main Eligibility definition. Refer to Chapter 35 Water and Sewers, Article
II1, Charges, Division 1, Sections 35-58 Assessment of Front Footage Charges for
Service Connection, of the City Code for more information.
(f) The water main capacity charge is calculated by dividing the development cost by the
water pipe's net capacity. The water pipe's net capacity is determined in accordance
with the most current version if the city's Policy and Procedure for Processing Water
and Wastewater Projects for Design and Construction, using a coefficient of
roughness of 120. The maximum pipe capacity will be based on a pipe friction loss of
seven feet per 1,000 feet length of pipe or water velocity of seven feet per second,
whichever is more conservative. The net pipe capacity is equal to the maximum pipe
capacity subtract the minimum residential fire flow. Currently the minimum
residential fire flow per Fort Worth fire department is 1.44 MGD, which may change
with future adoption of the International Fire Code. See a table below for net capacity
based on pipe size.
Maximum Design Capacity for Water Mains (12 in. to 54 in.)
Water Main Size Pipe Velocity Pipe Friction Maximum Net Capacity
(LD.) (ft./sec.) Loss (ft./1,000 Capacity (MGD
ft.) (MGD)
12 in. 3.55 7.00 2.3 0.86
16 in. 5.43 7.00 4.9 4.86
24 in. 7.00 7.00 14.2 12.76
30 in. 7.00 5.37 22.2 20.76
36 in. 7.00 4.33 32.0 30.56
42 in. 7.00 3.64 43.5 42.06
48 in. 7.00 3.14 56.8 55.36
54 in. 7.00 2.72 72.0 70.46
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SECTION 8.
Part II of the Code of the City of Fort Worth, Texas,as amended, Chapter 35, "Water and Sewers",
Article III "Charges", Division 4, "Water Main Capacity Charges", Section 35-93, "Assessment
and Payment of the Water Main Capacity Charge; Refund to a Developer and City,
Administration" is hereby amended as follows:
(a) The water department shall be responsible for the collection, refund and maintenance
of the water main capacity charge collected.
(b) A water main capacity charge shall be assessed each plat that meets the definition of
"other development."A boundary area shall be determined for the purpose of
assessment review. The boundary shall be 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,"then the plat will be
assessed the per MDG charge even though the plat may be located adjacent to,
within and/or outside the boundary area.
(c) To determine a boundary area, the assumption of one MGD serving 137 acres will
be used. This assumption is based upon one acre containing four and three tenths
units of houses. To calculate the boundary area, multiply the pipe capacity in MGD
under § 35-92(c) by 137 acres. To convert the area to square footage, multiple the
area by 43,560. Then, divide the total area in square footage by the total length of
pipe extended in feet to determine the width of the boundary area in feet. To
determine the distance on each side of the pipe, divide the width by two. Pressure
plane boundaries, adjacent city limits, extraterritorial jurisdictions, and CCN
boundaries may be utilized to refine the proposed WMCC boundary area.
(d) The payment of the water main capacity charge assessed hereunder shall be paid
prior to the filing of final plat.
(e) A two percent (2%) annual cost adjustment shall be incorporated into the prescribed
front footage charge. Annual cost adjustment increase shall be assessed on January
1"of the following year for the established front footage charge. Annual cost
adjustment shall be accrued until below listed conditions are met regarding
developer or city initiated water main projects.
(f) A water main capacity charge will be assessed for a period of 20 years, commencing
on the date that the City accepts the water main.
(g) Collections and reimbursements of a water main capacity charge will cease when the
Developer has been fully reimbursed or the time period for assessment of the water
main capacity charge has lapsed, whichever occurs first.
(h) Reimbursement shall be made solely from the water main capacity charge collected
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by the City during the period that the water main capacity charge is assessed for the
water service line connections and point of connections to the approach water main.
(i) Any assignment of the water main capacity charge must be approved by the Water
Department Director prior to the execution of the assignment.
(j) Existing community facilities agreements with mains, or other facilities, eligible for
water main capacity charge collections will continue under the policy that was in
effect at the time the agreement was executed.
(k) The reimbursement limit,together with the project number, date construction was
completed, permanent record number of the water main, limits of portion of the water
main upon which a water main capacity charge is collectible, and name of the entity
entitled to the refund shall be documented by the City.
(1) Upon written request by the Developer during the Month of November,
reimbursements will be made annually during the last 2 months of the calendar year
from which water main capacity charges were paid to the City.
(m)It is the responsibility of the developer/landowner requesting the refund to prove their
eligibility to receive the reimbursement due.
(n) In the event the developer/single customer property owner fails to request a
reimbursement on a water main capacity charge within 6 months after the expiration
of the eligibility to receive funds, such un-reimbursed charges shall become the
property of the City.
(o) The amount of refund due to the developer each year shall be the assessed water main
capacity charge collected that year multiplied by the "developer's development cost
percentage." The remaining portion of the amount collected that year shall be retained
by the city as an offset against the development cost incurred by the city.
(p) The city will recover the city development cost for city-initiated approach water main
projects or city participation in a developer-initiated approach water main. The city's
collection time will cease when city development cost has been fully reimbursed.
SECTION 9.
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.
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SECTION 10.
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 11.
This ordinance shall be effective upon adoption.
PROVED AS TO FORM AND LEGALITY:
Christa R. Lopez-Reyno Mary J. Kayser
Sr. Assistant City Attorney City Secretary
ADOPTED: June 25, 2019
Ci: O
S
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/26/2019 - Ordinance No. 23708-06-2019
DATE: Tuesday, June 25, 2019 REFERENCE NO.: ""G-19573
LOG NAME: 60WATER AND SEWER COST RECOVERY CHARGES 2019 AMENDMENTS
SUBJECT:
Adopt an Ordinance Amending Chapter 35 Water and Sewers, Article III, Charges, of the City Code, to
amend Division 1, Section 35-58 "Assessment of Front Footage Charges for Service Connection'; Division
3, Sewer Per Acre Charges, Section 35-82 "Definitions" and Section 35-84 "Calculation of the Per Acre
Charge, Section 35-85 "Assessment and Payment of the Per Acre Charge; Refund to a Developer;
Administration"; and Division 4, Water Main Capacity Charges, Section 35-88 "Definitions", Section 35-91
"Assumptions to be Used to Calculate Maximum Day Demand", Section 35-92 "Calculation of the Water
Main Capacity Charge", and Section 35-93 "Assessment and Payment of the Water Main Capacity Charge;
Refund to a Developer and City; Administration" (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopted the attached ordiance amending Chapter 35 Water and
Sewers, Article III, Charges, of the City Code, to amend Division 1, Section 35-58 "Assessment of Front
Footage Charges for Service Connection"; Division 3, Sewer Per Acre Charges, Section 35-82
"Definitions" and Section 35-84 "Calculation of the Per Acre Charge, Section 35-85 "Assessment and
Payment of the Per Acre Charge; Refund to a Developer; Administration"; and Division 4, Water Main
Capacity Charges, Section 35-88 "Definitions", Section 35-91 "Assumptions to be Used to Calculate
Maximum Day Demand", Section 35-92 "Calculation of the Water Main Capacity Charge", and Section 35-
93 "Assessment and Payment of the Water Main Capacity Charge; Refund to a Developer and City;
Administration".
DISCUSSION:
On May 7, 2019, the City Council approved M&C (G-19537) to adopt the new Installation Policy and
Design Criteria for Water, Wastewater and Reclaimed Water Infrastructure. As part of this work, it was
recognized that updates to the City Code regarding the existing cost recovery charges consisting of the
Front Footage, Sewer Per Acre, and Water Main Capacity charges were required to reflect updates in the
new Installation Policy and Design Criteria manual.
These changes are needed to support the revised Water Department policy adopted May 7, 2019.
The changes to these charges were presented to DAC last year to receive feedback. The Water
Department received consensus from DAC members at that presentation.
The following updates are shared across the three cost recovery types:
1. Previous refund period to developers consisting of 10 years with a possible 10 year extension, by
request, is changed to a fixed 20 year collection period.
2. Definitions are updated for consistency across all three cost recovery types.
3. Annual cost adjustments for applicable charges for inflation is added at two percent (2\%). The
Consumer Price Index for all items less food and energy, from July 2014 to April 2019, from the
United States Department of Labor, Bureau of Labor Statistics, was used to create the cost
Logname: 60WATER AND SEWER COST RECOVERY CHARGES 2019 AMENDMENTS Page 1 of 3
adjustment rate.
4. Administration language was revised to be consistent across the three cost recovery types.
The following updates are cost recovery type specific:
1. Front Footage Charge
a. Add language to charge up to, but not greater than, 50\% for a frontage main on a developer-
initiated sanitary sewer or water line.
2. Sewer Per Acre Charge
a. Add language stating City shall be responsible for providing calculated basin area on sewer
mains that have City cost participation for over-sizing developer-initiated approach sewer
mains.
3. Water Main Capacity Charge
a. Update Section 35-91, Assumptions to be Used to Calculate Maximum Day Demand, to
update the average daily demand calculations table and estimated population density from
the new Installation Policy and Design Criteria Manual.
b. Update Section 35-92, Calculation of the Water Main Capacity Charge, to a) update the
maximum design capacity requirements; b) have exhibits and calculations prepared by
City staff rather than the developer on projects in which the City cost participates; c) update
the calculation to be based on the change in MGD capacity due to oversizing the approach
water main; and d) for developers to recoup a portion of their costs along the frontage main
that they installed.
c. Update Section 35-93, Assessment and Payment of the Water Main Capacity Charge; Refund
to a Developer and City; Administration, to update administrative language to match the new
Installation Policy and Design Criteria Manual.
A Form 1295 is not required for this contract because: This M&C does not request approval of a contract
with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations will have no material effect
on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccouni Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Logname: 60WATER AND SEWER COST RECOVERY CHARGES 2019 AMENDMENTS Page 2 of 3
Jay Chapa (5804)
Originating Department Head: Chris Harder (5020)
Wendy Chi-Babulal (8242)
Additional Information Contact: Wade Goodman (7139)
Logname: 60WATER AND SEWER COST RECOVERY CHARGES 2019 AMENDMENTS Page 3 of 3