HomeMy WebLinkAboutOrdinance 25033-09-2021 ORDINANCE NO. 25033-09-2021
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A DEVELOPER INITIATED 12-
INCH SOUTHSIDE III WATER MAIN TO SERVE
SOUTHGATE MARKETPLACE AND SURROUNDING
AREAS, LOCATED AT THE INTERSECTION OF SOUTH
FREEWAY AND MC ALISTER; 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, Ware Vista #1, LLC, hereinafter referred to as "Developer", has
initiated construction of offsite public water mains to serve Southgate Marketplace and
surrounding areas located at the intersection South Fwy and E Mc Alister Rd; and
WHEREAS,The Developer and the City of Fort Worth Water Department entered
a Design Procurement Agreement (DPA) to construct offsite public water line extensions
to adjust the Southside Pressure Plane Boundaries (CSC 51100) in the far southern areas
of the City along Interstate 35W; and
WHEREAS, The Developer constructed the 12-inch Southside III offsite water
main.
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 offsite public water mains
to serve Southgate Marketplace and surrounding areas, located at the intersection of South
Fwy and E Mc Alister Rd. The Developer constructed the 12-inch Southside III water
main.
SECTION 2.
The City Council finds that $364,372.45 is the cost to construct the Developer
initiated 16-inch diameter Southside III water main. Therefore, $423,688.90 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 Developer.
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:
Christa R.Lopez-Reynolds(Sep 17, 1 1� DT)
Christa R.Lopez-Reynolds Ronald P. Gonzales
Sr.Assistant City Attorney Acting City Secretary
ADOPTED: September 14, 2021
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612912021 Exhibit A FORTWORTH
COPYRIGHT 2021 CITY OF FORT(NORTH Water Main Capacity Charge
UNAUTHORISED REPRODUCTION ISA VIOLATION Of APPLICABLE LAWS
THIS DATA IS TO BE USED FOR A GRAPHICAL R EPRESENTATION ONLY Southgate Offsite SS3 12-Inch WWp.R
THEACCURACV IS NOTTO BE TAKEN;USEOAS DATA PRODUCED FOR Water Transmission Main
ENGINEERING PUR POS ES OR BY A REGISTERED PROFESSIDNAL LAND
SURVEYOR THE CITY OF FORTWORTH ASSUMES NO RESPONSIBILITY
FOR THE ACCURACY OFSAID DATA 0 550 1,100 2,200
Feet
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/14/21 M&C FILE NUMBER: M&C 21-0690
LOG NAME: 60SOUTHGATE OFFSITE SS3 12-INCH WMCC
SUBJECT
(CD 6)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$423,688.90 per Million Gallons per Day for the Southside III
Southgate Offsite 12-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$423,688.90 for the Southside III Southgate
Offsite 12-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 Ware Vista#1, LLC 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 Southgate Marketplace and surrounding areas,located at the intersection of South Freeway and East McAlister Road. Ware Vista
#1,LLC,the developer and the Fort Worth Water Department executed a design procurement agreement(DPA),City Secretary Contract 51100,
to extend public water lines as part of adjusting southside pressure plane boundaries to provide a more robust water service to the far southern
areas of the City along Interstate 35W. The developer paid to construct the 12-inch Southside III water main as described in the DPA. This water
line will serve Southgate Marketplace and surrounding areas within the City of Fort Worth Southside III pressure plane.
The qualified costs used to establish this water main capacity charge are outlined below:
Description Contractl
Developer 12-Inch Cost Per
CostsI Net MGD: MGD
0359truction M&C 19- [5349:5]$309,715.20i
Design $ 99,935. 55
Easements $25.000.00 �
Change Order No. 1 �=[�=,722-00'=
Total] $364,372.45' 0.86 $423,688.90'
The water main capacity charge for the 12-inch water main is$423,688.90 per million gallons per day(MGD)in accordance with City Code
Section 35-92. The collection period to the developer shall be 20 years or when the maximum refundable amount is achieved,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
Sewers,Division IV,Water Main Capacity Charges.
The water main capacity charge boundary is located in Council District 6.
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