HomeMy WebLinkAbout2021/01/26-Attachments-Ordinance_CTR_Sec_2_Ph_1_SS3_24-Inch_WMCC.PDFORDINANCE No.
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE FOR A DEVELOPER INITIATED
24-INCH SOUTHSIDE III WATER TRANSMISSION MAIN
("CHISHOLM TRAIL RANCH SEC 2 PH 1"), LOCATED
AT THE INTERSECTION OF BREWER BLVD AND W
RISINGER 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 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, BP 367 Fort Worth Limited, and Walton Development &
Management TX, LLC, hereinafter referred to as "Developers", initiated construction of
10-inch and 12-inch water mains to serve the Primrose Crossing and Chisholm Trail Ranch
developments located at the intersection of Brewer Blvd and W Risinger Rd; and
WHEREAS, The City of Fort Worth Water Department is cost participating to
upsize the water main extensions to 24-inch diameter pipe;
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 24-inch water
transmission main to Chisholm Trail Ranch and surrounding areas located at the
intersection of Brewer Blvd and W Risinger Rd.
SECTION 2.
The City Council finds that $828,744.25 is the cost to construct the City initiated
24-inch diameter water transmission main. Therefore, $64,950.96 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 max refundable
amount to the City of Fort Worth Water Department is $652,793.20.
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:
Assistant City Attorney
ADOPTED: