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HomeMy WebLinkAboutOrdinance 24564-12-2020 ORDINANCE NO. 24564-12-2020 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 16- INCH WESTSIDE V WATER MAIN TO SERVE MORNINGSTAR DEVELOPMENT AND SURROUNDING AREAS,LOCATED AT THE INTERSECTION OF FM 3325 AND OLD WEATHERFORD ROAD; 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,hereinafter referred to as"Developer", is constructing a water frontage main, under several phases, to serve the Morningstar Development located at the intersection of FM 3325 and Old Weatherford Road; and WHEREAS, City of Fort Worth Water Department cost participated to upsize the water frontage main to 16-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 a water frontage main to serve the Morningstar Development and surrounding areas, located at the intersection of FM 3325 and Old Weatherford Road. The City cost participated to upsize the frontage main to 16-inches in diameter. SECTION 2. The City Council finds that $278,318.60 is the City cost participation to construct the Developer initiated 16-inch diameter water frontage main. Therefore, $57,267.20 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. APPROVED AS TO FORM AND LEGALITY: Christa R.Lopez-Reynolds(Dec 1, ,10:. T) for Ronald P.Gonzales(Dec 3,2020 10:49 CST) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED & EFFECTIVE: December 1, 2020 O U .O� �L'XgS. YLVAN�, w-- \` �VALL'EY j"El p J U U J -T _ 1 , Water Main Capacity �' I L� Charge Boundary ' HSTACY 9 Cr r D.J.a o_ D.I. tl , M p , 2 y 1 C• w P• Iry TExitension ch Water Line I res 000 G r � pLD v� " ' 1 16 16" 6" THERFCR� \ I 0 3 f ;''. 12 C P'v P.V. 16" 16" G, P. .C. 1s" WEA _ I V• P.V.C.P.V. Lk N' V, 6 I " AT ® f N 5 a.._._. >00 _ a ? �> t I N REST—�------- t`�. >. erD s O 1 C Q AREA 20 a 36" — 20S __VICE ^6 . CQ�R6T �> •>i' 1 2tF vEXIT 420 w� �h �• ""- r201 Q 0 30 "D:l- 30" 3 . T o _ ��t - _ QFccir .im �t< <? 30 '30. D 80' t- O '^ aD t s a I w BgNKHEAp r' a '` (L IL 9/23/2020 Exhibit A FORT WORTH COPYRIGHT"C.120CIFY FiF FpgT WGRTH Water Main Capacity Charge UNAUTHORIZED REPRODUCTION ISA`JiOI-10HOFA-LICARLELAWS. C THIS DATA I5TOBE USED FOR AGRAPHrC L PEPRESFNTATION ONLY. Morningstar WSJ 16-Inch WAM 1 HE ACCURACY IS NOI';OBE TAKEN I USED AS DATA PRODUCED FOR •. C.l� ENGINIEER04G PIIRPOSES OR BY A REGISTERED PROFESSIONAL I AND SUR'JEYOR,THE CITY OF FORTWORTH N.SSUNE5 NO RESPONSIBIIm' 0 800 1,600 3.200 FOR THE ACCURACY OF SAID DATA, Feet City of Fort Worth, Texas Mayor and Council Communication DATE: 12/01/20 M&C FILE NUMBER: M&C 20-0900 LOG NAME: 60MORNINGSTAR 16-INCH WS5 WMCC SUBJECT (CD 3 and ETJ)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$57,267.20 per Million Gallons per Day for a 16- Inch Westside V Water Main to Serve the Morningstar Development and Surrounding Areas,Pursuant to Chapter 35,Article III,Division IV, Sections 35-90 through 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 16-inch Westside V water main to serve the Morningstar development and surrounding areas in accordance with Chapter 35,Water and Sewer,Article III,Division IV,Section 35-90 through 35-92 of the City Code;and 2. Establish the boundary area for the water main to allow the Water Department to assess a reimbursement for the City pursuant to Section 35-93(c). DISCUSSION: This Mayor and Council Communication(M&C)is to authorize the establishment of a water main capacity charge for a 16-inch Westside V water main(City Project No.100325 and 100723, M&C C-27952). FG Aledo Development,LLC,planned to construct an onsite 12-inch diameter water line to serve the Morningstar development. The City cost participated to increase the water line diameter to 16-inches in order to serve surrounding areas within the City of Fort Worth Westside V pressure plane. The qualified costs used to establish this per acre charge are outlined below: City Cost Participation CPN-100325 $97,420.78 City Cost Participation CPN-100723 $180,897.82 Total �$278,318.60 The water main capacity charge for the 16-inch water main is$57,267.20 per million gallons per day(MGD)in accordance with City Code Section 35-92. This amount will be reimbursed to the City of Fort Worth Water Department. There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. 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 capacity charge boundary is located in the City's Extraterritorial Jurisdiction and Council District 3. A Form 1295 is not required because: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 of the above recommendation and establishment of the charge,funds will be deposited into the Water&Sewer Fund. The Water Department(and Financial Management Services)is responsible for the collection and deposit of funds due to the City Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Matt Kusnir 8219