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Home My WebLink AboutOrdinance 24888-06-2021 ORDINANCE NO. 24888-06-2021 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 30-INCH WESTSIDE III WATER MAIN TO SERVE LIVE OAK CREEK PHASE 5 AND SURROUNDING AREAS,LOCATED AT THE INTERSECTION OF HAYWIRE RANCH RD AND WAX MYRTLE TRAIL; 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, 351 Development, LLC, hereinafter referred to as "Developer", has initiated construction of a water main to serve the Live Oak Creek Phase 5 (former Haywire Ranch) development located at the intersection Haywire Ranch Rd and Wax Myrtle Trail; and WHEREAS, City of Fort Worth Water Department cost participated to upsize the water main to a 30-inch in diameter water transmission main 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 III, Division 4, Sections 35-87 through 35-93, that the Developer has initiated construction of a water main to serve Live Oak Creek Phase 5,located at the intersection of Haywire Ranch Rd and Wax Myrtle Trail. The City cost participated to upsize the water main 30-inches in diameter to serve surrounding areas. SECTION 2. The City Council finds that $327,972.94 is the cost to construct the Developer initiated 30-inch diameter water transmission main. Therefore, $15,798.28 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 City of Fort Worth Water Department shall be $209,236.94. 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(Jul 13,2QM 16 T) 'for Ronald P.Gonzales(Jul 13,202116:55 CDT) Christa R. Lopez-Reynolds L City Secretary Sr. Assistant City Attorney ADOPTED & EFFECTIVE: June 22, 2021 OF Ic�'Q� �'qg CAUsers\goodmaw\Desktop\Pro Rata GIS Temp\Haywire_30_WMCC.mxd Qryan) 12/16/2020 `JNR1dS ?O 00 - - - vwiolz OIIVIS Nmi 'SW'dlll UA Oi1 5 .� e- 0 2 .W pUC110 24e ��N/bo't;¢O 1NVld S12iVd—", VV �, d .C, `✓ bONln Sr� U LI3llIH� 3OIS1S3M ' a r� . N b��o 2Q o •y ,\ ��o ix iM.�� a IJ O��Fi Z t �67 j4 SVO3A 2�rdp, A � s��a*.'#e' Ct. A.�O�' 5 O/j'.4'�f^• sj� - j o 1VO�Nb"'""}n.yJ 8N J Hl aON OZ8 dOOl1S3 r I t F N33iJO'.OATS... Qv' a j �`, f'fGpO Z o T TLE �; 'E:int At ��p z z W ki HORSE ` m m J m 1'\„' , x W¢a NA12 apa N I/� W tJ I O, b aa� �C _ g� rg{- r9d s j z,n = w ~ � v~i0Q = u x � _ � U W N Z XL Y.;firr 2 � 2 U 93rinoa uJ co H Q w O Q • V � :. :'• .: o'. i w > m v W U U � c �. = o ¢ c Mp +• c y o W cu 'N jwR.',`c y U C a) t N >g r N C N Q LL L r c )C ill-'/iC m V ca L C o. aPp coa¢ C Yn �C 'w �YdI Ua= O QU ZG O Y a-> N i sii!c Y ♦ ° �. - '- + N , � ; City of Fort Worth, Texas Mayor and Council Communication DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0465 LOG NAME: 60LIVE OAK CREEK PH5 WS3 30-INCH WMCC SUBJECT (CD 3 and ETJ)Adopt Attached Ordinance to Establish a Water Main Capacity Charge in the Amount of$15,798.28 per Million Gallons per Day for the Westside III Live Oak Creek 30-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$15,798.28 for the Westside III Live Oak Creek Ph5 30-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 developer initiated water main to serve Live Oak Creek Ph 5(former Haywire Ranch development)located at Haywire Ranch Road and Wax Mytrle Trail. The City cost participated with each phase to increase the water line diameter to a 30-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: 30-Inch Developer Cost City Cost Cost Per Description �Contract Total Net (no refund) Participation MGD MGD 30-Inch WS3 Line Construction F__51764 $118,735 441 $209,236.94 $327,972.38� 20.76 $15,798.28j The water main capacity charge for the 30-inch water main is$15,798.28 per million gallons per day(MGD)in accordance with City Code Section 35-92. The maximum reimbursable amount to the City of Fort Worth Water Department shall be$209,236.94.There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. The Developer's cost is related to the on-site water main installation and therefore is not eligible for water main capacity charge reimbursement. 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 City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Matt Kusnir 8219