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HomeMy WebLinkAboutOrdinance 24889-06-2021 ORDINANCE NO. 24889-06-2021 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 MAIN TO SERVE NORTHLINK, WILSON ADDITION DEVELOPMENTS, AND SURROUNDING AREAS,LOCATED AT 15629 BLUE MOUND RD; 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 111, 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, HRUS Alliance LLC. and Schwob Building Company, Ltd., hereinafter referred to as "Developers", have initiated construction of a 12-inch water frontage main to serve the Northlink and Wilson Addition developments located at 15629 Blue Mound Rd; and WHEREAS, City of Fort Worth Water Department cost participated to upsize the water main to a 24-inch in diameter water transmission main to serve surrounding areas within the Northside 11 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 Developers have initiated construction of a 12-inch water main to serve Northlink and Wilson Addition developments, located at 15269 Blue Mound Rd. The City cost participated to upsize the water main to 24-inches in diameter to serve surrounding areas. SECTION 2. The City Council finds that $656,645.00 is the cost to construct the Developer initiated 24-inch diameter water transmission main. Therefore, $51,461.21 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 refundable amount to the City of Fort Worth Water Department shall be$555,700.41. 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: I " Z*�- rim r0�- ?0`"r� GGill.�l I Christa R.Lopez-Reynolds(Jul 13,2QE 16 DT) 'for Ronald P.Gonzales(Jul 13,202116:55 CDT) Christa R. Lopez-Reynolds City Secretary Sr.Assistant City Attorney OF F� 4L ADOPTED &EFFECTIVE: June 22, 2021 EO '�................. ..... •`ZY C:LImrshgGodmawMesktop%Pro Rata GIS—TemplNorlMink-VMl&m-24_4VMCC.mxd aryan)12/16/2020 Z 4 ]C c a AWT .may 3 s .00 N33jj4�+y 1 F,2- z. �'!+*i'�,{,_" � * fib! ��xR •``¢}�'1'F�t+ +1F F `!` _ W. 3_N09b',I - I NdH€11311�9 ' r3J`. NhJS=WQI �`.iIH 1 Y{ Ma LA L hH 1! IL'J D W rL U. X � ZX a i'� U � o� �M Z W m o+' l4 yf O Q U •".r',�dLf ILpi�'1 '� Flb❑ U C Z H 710* 14 4 C z Z U d T411[Lk 4] Jl3Y y �x LLI U Cfn VZCU y.iil_ jlF}IIC7Q U ` a � ZZQ �- L' r� 2" OT � � LU R (.1 All - it L" VAN. Lei .z ' 4 x LL1 y ' I RY lE A' N C 5 0 0 5 1 =-#WUknl wwN 7��Q� � .�. � O� _WFO -�L���y�+y}tj 0x dM iqgd 2❑ E, "p 1�o.w EE=' 'r oN 9NRvo i. i r o 0- i mai` op N { v t City of Fort Worth,Texas Mayor and Council Communication DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0468 LOG NAME: 60NORTHLINK-WILSON 24-INCH NS2 WMCC SUBJECT (CD 7 and ETJ)Adopt Attached Ordinance to Establish a Water Main Capacity Charge in the Amount of$51,461.21 per Million Gallons per Day for the Northside II Northlink-Wilson 24-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$51,461.21 for the Northside II Northlink-Wilson 24-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 development initiated water main to serve Northlink and Wilson Addition projects located at 15629 Blue Mound Road. HRUS Alliance LLC,and Schwob Building Company Ltd.initiated construction of a 12-inch water line along their respective property frontage. The City cost participated with each developer to increase the water line diameter to a 24-inch pipe. This water line will serve surrounding areas within the City of Fort Worth Northside II pressure plane. The qualified costs used to establish this water main capacity charge are outlined below: Developer Cost C Cos 24 t Description Con ract (No WMCC Total Inch Cost Per Refund Participation Net MGD MGD Northlink 24-Inch 53009 $57,865.591 $266,311.41 $324,177.00❑� WL Construction Wilson Tract 24-Inch 54056 $43,079.00 $289,389.00$332,468.00❑� WL Construction Totals $100,944.59 $555,700.41 $656,645.00 12.76 $51,461 121 The water main capacity charge for the 24-inch water main is$51,461.21 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$555,700.41.There is no restriction to the time period for the reimbursement to the Fort Worth Water Department. Development costs are reimbursable through separate front foot charges. 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. It is anticipated that the current boundary will be amended once the 24-inch NS2 water transmission main is connected to 24-inch NS2 WL in Double Eagle Blvd. 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 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