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HomeMy WebLinkAboutOrdinance 24727-03-2021 ORDINANCE NO. 24727-03-2021 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE FOR A DEVELOPER INITIATED 12-INCH HOLLY WATER MAIN TO SERVE THE VIEW OF FORT WORTH DEVELOPMENT, LOCATED AT 1852 E NORTHSIDE DR; 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, The View of Fort Worth, LLC., hereinafter referred to as "Developer", is constructing a 12-inch water, located at 1852 E Northside Dr.; 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 111, Division 4, Sections 35-87 through 35-93, that the Developer has initiated construction 1,200 linear feet of 12-inch diameter water main to serve The View of Fort Worth Development, located at 1852 E Northside Dr. SECTION 2. The City Council finds that qualified costs to install the 12-inch water main is $107,826.00. Therefore, $125,379.07 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: C.�Gsiw-Re oW(Ma0CST)� �U Christa R.Lopez-Reynoldsr(Mar 10,2D21 3:301 CST) Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: March 2, 2021 (Z) A�r.��1L yWater Main Capacity Y " LF.Tj Charge Boundary 1LL "'ETA El 5 � � � �{� � 1t1:Ilzn* � � �f•. � F •E+E4 'Ja fi + rL • Water Main Extension ' `T r+ + •� tr 4� f h R to-, IV 4 Fu+W4 L?� UA 08E f_• W t. 11 RANKIAK M U R N CA � m P. r IV X= ,r y,pL +� •� � y0j}4 t 5\TNt]"flLl E"P t:..I. EU:-- M T yy uNRFI T• Y�{r.: P x GE3LIt7R ��• y �.4�w�,'r'�'��[tt,, rt t r L� IER O,ILIN RhOE r}f � l■ Q'yIn} s � Y + k• t` z o o - Ng, 1012212020 Exhibit A FORTWORTH GDPYRIDUCTOMISk'OFFORTWGRiH Water Main Capacity Charge UNAUTHJRIZPD RFPROOUCigN ISA`.'IO_ATION OE APPLICAgI.F.i A:NB s .i .,y THIS DATA IST09CUSED FOR AGRAPHYALPEPRESENTATION ON/, The View of Fort Worth ",•.�.r� THE ACCUP,AC V IE NOT TO eE TAKEN I USED A£GAIA PRODUCED FOR ••Ml C.� ENGWEERdJG PUgPOSFS CR RY A P.E(ii6'TERFO PRJFESSYJNA L LANO SUR'JEVOR,THE CRY OF FORT WORT4 ASSUMES NO RES'POIIS{IUL 'OR THE ACCURAC Y GE SAID DATA. 0 412.5 825 1,650 Feet City of Fort Worth,Texas Mayor and Council Communication DATE: 03/02/21 M&C FILE NUMBER: M&C 21-0165 LOG NAME: 60VIEW OF FORT WORTH 12-INCH HOLLY WMCC SUBJECT (CD 2 and CD 9)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$125,379.07 per Million Gallons per Day for a 12- Inch Holly Water Main to Serve The View of Fort Worth Development,Pursuant to Chapter 35,Water and Sewers,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$125,379.07 per million gallons per day for the 12-Inch water main to serve The View of Fort Worth development 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 12-inch water main extension(City Project No. 100892,Contract No.49549). The View of Fort Worth,LLC,constructed the 12-inch water main to serve their development along Northside Drive which lies within the Holly pressure plane. 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: De ri tion Deve er Cost 12-inch N M D Per M�Charge Construction 11 $107,826.00 Total $107,826.0—O]l 0.86 $125,379.07 The water main capacity charge for the 12-inch water main is$125,379.07 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 The View of Fort Worth,LLC, shall be 100%. The collection period for the developer shall be 20 years or until the maximum reimbursable amount of$107,826.00 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 Sewer,Division IV,Water Main Capacity Charges. The water main capacity charge boundary is located in Council District 2 and Council District 9. 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