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
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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