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Home My WebLink AboutOrdinance 24601-12-2020 ORDINANCE NO. 24601-12-2020 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 24- INCH NORTHSIDE II WATER TRANSMISSION MAIN TO SERVE MCKELVEY-COLE DEVELOPMENTS, LOCATED AT THE INTERSECTION OF FM 156 AND INTERMODAL PARKWAY; 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, Forestar (USA) Real Estate Group, Inc., hereinafter referred to as "Developer", is constructing a 24-inch water transmission main, located at the intersection of FM 156 and Intermodal Parkway; and WHEREAS, the Developer constructed the 24-inch water transmission main to serve their developments along FM 156 and State Highway 114 that lie within the Northside 11 pressure plane; and WHEREAS, the City of Fort Worth Water Department did not cost participate to construct the 24-inch water transmission main; and WHEREAS, the purpose of this ordinance is to recover costs from properties not associated with the developer which are currently or previously within the City's extraterritorial jurisdiction along FM 156, as shown in attached Exhibit A. 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 12,500 linear feet of 24-inch diameter water transmission main to serve McKelvey-Cole Developments, located at the intersection of FM 156 and Intermodal Parkway. SECTION 2. The City Council finds that qualified costs to install the 24-inch water transmission main is $2,740,319.00. Therefore, $214,758.54 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. The percentage of the water main capacity charge to be collected that will be eligible to be reimbursed to the Developer shall be 100%. 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: Chris-fa R.Looeg-Reynolds Christa R.Lopez-Reynolds(Dec 30,MG 10:15 CST) r Ronald P.6ovales(Dec 30,2020 104ca) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED& EFFECTIVE: December 15, 2020 F�RTGL �LXP►S �HBP � � r _. _ _ � A• daCr1�'4 t' � r IL fiiF If' I = RkL7 o C$E I1 _ R McKelvey-Cole Developments I ' � GF;1LF,f�h4 �y�f IGC '� AL•�H f +' -— r .i 1 I Y� I � T . t Water Main Capacity I' ire Charge Boundary ' _dr I ' ` 24-Inch NS2 ater `+ Transmission Main Extension x ,t ty "M1f — 9/25/2020 Exhibit A FORT WORTH COPIR. Water Main Capacity Charge UNAUTHORIZEDF BE FOR AGA`✓H ATIPEPRES NTATI N LA`NS. MCKevley-Cole 24-Inch NS2 THIS DATA IS TO BC 01FO FOR AORAPHSPL PEFRFSPRODUCE ONOR K1A'['C•R THE ACCUPACYIS NOf TD BE TAY,EN/USEO AS DATA PRODUCED FOR Water Transmission Main FNOINFERIIJO OURPOEESIX BYAREDISTFREOPROFESSIONALLAND SURVEYOR.THE CITY OF FOP.T WORTH ASSUMES NO RESPONSIBILITY 0 800 },600 9,200 FOR THE ACCURACY OF SAID DATA. Feet City of Fort Worth,Texas Mayor and Council Communication DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0980 LOG NAME: 60MCKELVEY-COLE OFFSITE 24-INCH NS2 WMCC SUBJECT (CD 7 and ETJ)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$274,951.49 Per Million Gallons Per Day for a 24- Inch Northside If Water Transmission Main to Serve the McKelvey-Cole Developments, Pursuant to Chapter 35,Water and Sewers,Article 111, 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 24-Inch water transmission main to serve the McKelvey- Cole developments in accordance with Chapter 35,Water and Sewers,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 developer initiated 24-inch water transmission main extension(City Project No. 101021,Contract No.50407). Forestar(USA)Real Estate Group, Inc.,constructed the offsite 24-inch water transmission main to serve their private developments in areas along Farm to Market(FM)156 and State Highway 114 that lie within the Northside II pressure plane. The City did not cost participate in the construction of the 24-inch water transmission main. The purpose of this charge is to recover costs from private developments not associated with the McKelvey-Cole developments that have been recently annexed or currently reside in the City of Fort Worth's extraterritorial jurisdiction along FM 156. This area is defined by Exhibit A that is attached to this M&C. The qualified costs used to establish this water main capacity charge are outlined below: Description Total Cost 24-Inch Net MGD Per MGD Charge Design $213,184.00 Construction $3,295,197.0011 Total �J $3,508,381.00 12.76 $274,951.49 The water main capacity charge for the 24-inch water transmission main is$274,951.49 per million gallons per day(MGD)in accordance with City Code Section 35-92. The percentage of the water main capacity charge collected that will be eligible to be reimbursed to Forestar(USA)Real Estate Group, Inc.,shall be 100%. The collection period for the developer shall be 20 years or until the maximum reimbursable amount has been received,whichever occurs first. 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 7. 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