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HomeMy WebLinkAboutOrdinance 24725-03-2021 ORDINANCE NO. 24725-03-2021 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 16- INCH WESTSIDE III WATER MAIN TO SERVE PALMILLA SPRINGS AND SURROUNDING AREAS, LOCATED AT THE INTERSECTION OF CHAPIN RD AND CHAPEL CREEK BLVD; 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, Jabez Development, L.P., Uplift Education, and HMH Palmilla Springs Development, Inc., hereinafter referred to as "Developers", have incrementally constructed water frontage main extensions, to serve the Palmilla Springs and adjacent developments located at the intersection Chapin Rd and Chapel Creek Blvd; and WHEREAS, City of Fort Worth Water Department cost participated to upsize the incremental water frontage main extensions to 16-inches in diameter to serve surrounding areas within the Westside III pressure plane. 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 II1, Division 4, Sections 35-87 through 35-93, that the Developers have initiated incremental construction of a water frontage main to serve Palmilla Springs and adjacent developments, located at the intersection of Chapin Rd and Chapel Creek Blvd. The City cost participated to upsize the frontage main extension to 16-inches in diameter to serve surrounding areas. SECTION 2. The City Council finds that $718,081.71 is the City cost participation to construct the Developer initiated 16-inch diameter water frontage main extensions. Therefore, $147,753.44 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. The maximum reimbursable amount to the Fort Worth Water Department is $280,733.93. 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: C,Lirr'sEw R. L.rtbez-kes„cduiy M41Pr Christa R.Lopez-Reynold (Mar 10,2021 3:30 CST) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED and EFFECTIVE: March 2, 2021 A. :2 �AS t k1' � 6 {G Ci MOUNi i .. LONG"�s"• p pPp }}• «,t. .}#^#1� e FtN�.S�O BOIJN EL m D Pq� RIFLE s ❑ \,\FF y]RAVMOND KSgQDJ', �p C'y.G ?�/jf KIOWAITE . LEMEN, Ih, VERN 4 is{Y}- 91Yffa y WHITE y TALL DAK �Py OP 1�4 JO SETTLEMENT VTO FARMERS O E PINE It QJ-'Z' �; p J�� m INDI \sF PL'AIN MELD O ti ROWLAND eT. IVX�,.LE-PF �`> �: ✓ 30"30"30"30"3 D.I.DID D.I.D. FANDOR .�ttz -•« �e/NG 8����s 'm5 � F' BR IDGE oi4' Q _OOSO O FARME olr PARKMERE CONSTELLATION ^,° ,;pF w ['IV^ES °w ?. N'.2 1L�}I •A RS j wr TGA.SC N B"a:"C" G :e�p "IN2 A a i' 7lTAN}� -� � •5 9�ddr r �, - ¢ �Bq$C�M 0,4,y � ., �; e''PQ:' QO ❑. GIBBs Water Main CapacityY "IGH(gN HESTp ° S MARILVN#c o DINT c iu�`�B''�+. RIDGE \' �O •�... � 1 .jj< p V !` JASON Charge Boundary V �I'S.`T��T°NE LIUFF Q°-,y� ` oA NATHAN Wy EST-P01N,,OIN7� Y,'w SIXPENCE Sm?BRADSHAW .... RIDGE ��� y8'RBgRq ,od� a�.wa•{i»«.i _ 51+.' - "'"`.-"---�._.- -_...- Q aLUE E �� m DigN R hrv.1...{OLD WE HER FO .. HARPER i MEq �PLEASANT ,YiiLfinM 9 C� (. P �.F EXIT SB EXIT SC T GATED-!1®D Y�ry �DiWEA7HERFOROE.y,{'(,3'i"�„M►. � �POP.. NILRgSS I .EXIT ;,O ,NES S 'OP 7USTINr D +30w�I3 ? NP IAN / z F6*^^ D'AWSDNi w.U, , °y_\S,bP 3AP g\N \ P.v.Ny. r> '_ 1028 GTDRr..dWINKLER's r;K 11�,�✓E ty 0 't p I:AL%DER ¢ w spl.oM,DN m 5 } '- O SANTA CLARA a N o X F ENN_A p_ A ELDER r // J JEx�t,3 CROCKL F1 z P SANTA`MONICA ' CHAPEL RICHLAND `y�2 SANTA PAULA �� CHA GLENL PALO'PINTO P.v C. AYWOODI a I EXIT-27 30 Ek 17.1g._... �O >rd ?' u�ii Y ¢ A RUSH 1ND o , ---low --�Vl•yAP�. w ❑,Z CLOVITE 16-Inch WS3 Water {o p LINK✓yAYsTLINK W'O— MORV w ° 2 ESh"O Main Extension SHADY Lr X a I RHULENi, _ `DA CA WIND` }' j✓� t- z Y O rn E LINKHILL SAGRADA VIEW � � ERPM1 r z MONTSERRA4 4e' 6 L{A Q4' t +� k8� � :f Lj'J SIDONIA �p ry ORTHVIEW`L\.9 ' ♦l+r�t r nrr�� �.(� (},, , _ Oly wRBELiA JOHNSON `� { Nearl iap. 10/12/2020 Exhibit A FORT WORTH Gf VYRIDUCTI:.N 15A VI!ATION K'R,H Water Main Capacity Charge UTHIS.. 16 TO EPROOU-aA ISp'✓101.A IATlR SFNTAlION Palmllla Springs 16-Inch WS3 THIS CCU 16 Y eEOT T FORAGRAPHICAL SD AIAPRODUONO!:-Y. a7 • a7 U'�.r.�r� THEAGCURS(:v1ENOTTO BETAKEN BVRFCISTFRFOP OFESSIONAL FOR Water Main •• ■C.�FNGPIFERINGFURBOEFSIXi RVAP.EGISTEREO NORE61ONtLLAn1G 5'?1R'fEYOR.?NE FORTH ACCURACY CFS SAID DANO RESPGVSlBIL!IY 0 800 1,600 3,200 FOR THE ALCU RAG V OF E.:iU DATA, Feet City of Fort Worth, Texas Mayor and Council Communication DATE: 03/02/21 M&C FILE NUMBER: M&C 21-0162 LOG NAME: 60PALMILLA SPRINGS 16-INCH WS3 WMCC SUBJECT (CD 3 and ETJ)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$147,753.44 per Million Gallons per Day for the Westside III Palmilla Springs 16-Inch Water Main,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 in the amount of$147,753.44 per million gallons per day for the Westside III Palmilla Springs 16-inch water main 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 16-inch water main that has been extended incrementally along Chapin Road from Chapel Creek Boulevard to the West as the various phases of Palmilla Springs and adjacent developments have been constructed. The City cost participated with each phase to increase the water line diameter to a 16-inch pipe. This water line will serve surrounding areas within the City of Fort Worth Westside III pressure plane. The qualified costs used to establish this water main capacity charge are outlined below: �[SecretaU i Deveto City Cost I Per M D 16- Description Pro' c Cost(No Contract Number Refund) Net Ch a ar e Palmilla Springs Ph 35212 L551 $269,641.00 $69,978.00 1,16-Inch Water Line Palmilla Springs Ph 45532 02221 $25,767.00 $25,951.00 2, 16-Inch Water Line Palmilla Springs Ph 49790 101026 $125,943.86 $49,428.44 3,16-Inch Water Line F 51448 101548 2,457.47 $101,514.53 Palmilla Springs Ph 54498 102450 13,538.45 $33,861.96 5,16-Inch Water Line Total ��$437,347.78F$280,733.93 4. 66$147,753.44 The water main capacity charge for the 16-inch water main is$147,753.44 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. The water line extensions upsized by the City were within the original developer project limits;therefore,developer reimbursement is not eligible for this water main capacity charge. The max reimbursable amount to the Fort Worth Water Department is$280,733.93. 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 the 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 Sewer,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