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Home My WebLink AboutOrdinance 24841-05-2021 ORDINANCE NO. 24841-05-2021 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 24- INCH WESTSIDE III WATER TRANSMISSION MAIN TO SERVE VENTANA DEVELOPMENT AND SURROUNDING AREAS, LOCATED AT 5206 LONGVUE AVE; 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, PB Ventana I, LLC, hereinafter referred to as "Developer", is constructing a water transmission main, a water recirculation main, ground storage tank, and pump station, to serve the Ventana Development located at 5206 Longvue Ave; and WHEREAS, the Developer constructed the ground storage tank and pump station to serve portions of the Ventana Development that lie within the Westside IV pressure plane; and WHEREAS, City of Fort Worth Water Department cost participated to construct the water recirculation main as well as upsize the water transmission main from 16-inch diameter pipe to 24-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 transmission main and water recirculation main to serve the Ventana Development and surrounding areas, located at 5206 Longvue Ave. The City cost participated to construct the water recirculation main and to upsize the water transmission main to 24-inches in diameter. SECTION 2. The City Council finds that qualified costs to install the water recirculation main and 24-inch water transmission main is $1,244,555.27. Therefore, $97,535.72 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 30% and to the City of Fort Worth Water Department shall be 70%. 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 of the City Code. 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: algl�N vw_ Christa R.Lopez-Reynold 19,202"f-10:25 CDT) Christa R. Lopez-Reynolds Mary J. Kayser Sr. Assistant City Attorney City Secretary ADOPTED: May 18, 2021 ....... ...... S NAIR EL :4 6' O' .., 2' y'e. >"j' 9 - 0 4 REEKSIpE �. +c�a. , 'n` ;> j y..,.`.'7''�_ I "^�'TP.+ _6T R pEf°'!> v. OPO� ➢o ..11Y ,.BO IS D ARC 4 Ju S :t NO f LINKHIILktt * EK w��mmC01f i '• y CEP. i. < '�02 „ ,F� o f ? . . SAGRADA .,,,tom#�kF*yams��j:YmP N,YORr 'a`''�"` Y �'�' c• ��„ `A vlt w 4.�) RgAN XY tY x, Gpp'NORTHVIEW.yrr L n O L" yF,.OS..Pm v -LO FH _ '0 l`tvN:HNSON #. *� or k•.,'7� c ; O PAGH,..^,. I.y,y•.r i^RANCH 9 BIUES✓E�• Row r j U ,��a�.� R N .r� -.i -' hV�RAN N m t . Z +. N EXIT 426 ^+ ft$ o(1�429 r a ♦♦C 0 If ., WESTRiLiGE. :-sJ?-. ALEDOIONA - _ •.� MA- , wi : # G>fl'f"'PGROSSIN 2 WMfFnn,�'�v`rr .fin r 2m O�ZGT +YLm A pJ�,yO �ba P•. sQt E'�5:.'�°III °r'L%; ': ti ST0NELEIGH"^" _` `c�2s 3't•� P _t��gr Z 'i� ., .Fyn+y'' r.n�t*•9'^A N�L°'y+ m - ' A'hF rA,may �.:a 0 .9 O 2i0 rl+,�� Im t `.� ty,'} N pCKS;Ev •:h;Hi 'c Zt:.�y .�?� Iyz0f 0 Goes;` ��`y I Pump Station t° ,., . Water Extension DUTCH 55 1 Z 7 BRANCH L - 1 41 y � wJAKMAR r. rAli m N "} r T"?+rwRrGNT ROGERS ILR y_��`�' Y Y 'x �1�1 Y ti� r f� 4�1Y�r f PRIVATE � .m n •;{,r. r f' -F- 1 .i DA o�v w Water Main Capacity = . Charge Boundary "PORT TM� i� m �'Y=�Y� Y L{{r � � �i�1` 41 w9 "`+f' 1'gw`tyt .n'at.`>.2 a"7`�.w'iT<e H�(9py _ss�Cf Y.:✓,�„- �` v+`+f6T A '4 +�wi)ra,# 3 A X 1 7,P• 4 k, 7�, rk.. '�r.�., <r'}'.L � ---- { :rd"'a��j�^,t fi+�,! J �:r�'r � f Si� .�,,» o O {�• �r q Fr � y 1�$ v«C,. ?3r 44 ? '$+s,{}o �}.; }1 y>r _$ `q - Q r 't'`"y P, v-}' ,• 9 Sr- i "r s t' s t} ?L rv3e+.o .y,5, F. r L,, 1 j{ �i— ,�r : t�Y ��`"SG��h c„ �V's:9�Z ,r�'Yd ,- �'•, 9/15/2020 Exhibit A FORT WORTH C2020 CITYOF FORWORTH Water Main Capacity ChargeDDPYRI UNAUTHORIZEDREPODUTO141A ATIONOFAPPLICABI Lg4V'.. THISDATA TOBEUGEr DRAGRAPHICALREPRESENTAT—ONLY Ventana 24-Inch Transmission Main WATER THE ACC),RACY IS NOT TO BE TAKEN 1 U.SED AS DATA PRODUCED FOR ENGINE FRINf7 PII RPOSES OR BY A REf I.STERED PROFESSIONAL LAN D and Water Recirculation Main SURVEYOR THE CITf OF FORT WORTH ASSUMES NO RESPONSIBILIT t,t QQ Z,ZQQ 4,400 N FOR THE ACCURACY OF SAID DATA Feet City of Fort Worth,Texas Mayor and Council Communication DATE: 05/18/21 M&C FILE NUMBER: M&C 21-0357 LOG NAME: 60VENTANA 24-INCH WS3 WMCC SUBJECT (CD 3 and ETJ)Adopt Attached Ordinance to Establish a Water Main Capacity Charge in the Amount of$97,535.72 per Million Gallons per Day for a 24-Inch Westside III Water Transmission Main and a Recirculation Water Line to Serve the Ventana 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 24-Inch water transmission main and a recirculation water main to serve the Ventana development and surrounding areas 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 16-inch water main extension,and an eight inch recirculation water main(City Project No.02749 and 100076,M&C C-27705). PB Ventana 1,LLC, requires a 16-inch water main to serve the Ventana development. The City cost participated to upsize the proposed 16-inch water main to a 24- inch transmission main in order to serve surrounding areas within the Westside III pressure plane. This water main capacity charge includes the 24-inch transmission main and the eight inch water recirculation line along Veale Ranch Parkway(City Project No. 100076)and in the Ventana Tank/Pump Station(City Project No.02749). The qualified costs used to establish this water main capacity charge are outlined below: C-ft 24- Description Proffiect Total Cost Inch Per MGD Net Charge MGD DESIGN 1A: 24-Inch water main design cost in the 02749 $67,807.95 Tank/Pump Station project DESIGN 1 B: 24-Inch water main design cost in the 100076 $20,000.00 Veale Ranch Parkway water project CONSTRUCTION 1A: 24- Inch water main construction 02749 $496,065.79 cost in the Tank/Pump Station Project CONSTRUCTION 1 B: 16- Inch water main construction 100076 $288,367.84 cost in the Veale Ranch Parkway water project CONSTRUCTION 1 B: 16- Inch to 24-inch water main oversizing city cost 100076 $372,314.19 participation in the Veale Ranch Parkway water project Total �$11244,555.77 12.76$97,535.72 The water main capacity charge for the 24-inch water transmission main and eight inch recirculation water main is$97,535.72 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 PB Ventana 1,LLC,shall be 30%and to the Fort Worth Water Department is 70%. The collection period for the developer shall be 20 years or until the maximum reimbursable amount has been received,whichever occurs first. 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 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 Cily Manager's Office by: Dana Burghdoft 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Matt Kusnir 8219