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Home My WebLink AboutOrdinance 25034-09-2021 ORDINANCE NO. 25034-09-2021 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 16- INCH SOUTHSIDE III WATER MAIN TO SERVE SOUTHGATE MARKETPLACE AND SURROUNDING AREAS, LOCATED AT THE INTERSECTION OF SOUTH FREEWAY AND E MC ALISTER 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, 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 16-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 Freeway and E Me Alister Rd. The Developer constructed the 16-inch Southside III water main. SECTION 2. The City Council finds that $1,417,126.60 is the cost to construct the Developer initiated 16-inch diameter Southside III water main. Therefore, $291,589.84 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: Christ,,R.L. --Reynolds(S-p 17,201 1 ' DT) Christa R. Lopez- eyno ds Ronald P. Gonzales Sr. Assistant City Attorney Acting City Secretary ADOPTED: September 14, 2021 RT U` BPS 1. 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THE 612912021 Exh i bit A FORT WORTH COPYRIGHT C 1 ITYOF FORT NORTH Water Main Capacity Charge UNAUTNORI'EO REPRODUCTION Cl A VIOLATION OF APPLICABLE LAWS THIS OATA IS TO BE USED FOR*GRAPHICAL REPRESENTATIONSouthgate Offisite SS3 16-Inch ONLY WATER THE ACCURACY IRPOSES BE BYA N USTERE DROFES KCAL FOR Water Main ENGINEERING PU RPOSESORBVAREGI REGISTERED PROFESSIONAL ILIT SURVEYOR THE CITY TOF HE ASSUMES DATA RESPONSIBILITY FOR THE ACCU RACYOF SAID DATA 445 890 1,780 Feet City of Fort Worth, Texas Mayor and Council Communication DATE: 09/14/21 M&C FILE NUMBER: M&C 21-0691 LOG NAME: 60SOUTHGATE OFFSITE SS3 16-INCH WMCC SUBJECT (CD 6)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$291,589.84 per Million Gallons per Day for the Southside III Southgate Offsite 16-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$291,589.84 for the Southside III Southgate Offsite 16-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 16-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 Ili pressure plane. The qualified costs used to establish this water main capacity charge are outlined below: 16-Inch Developer Cost Per , Description Contract Net MGD MGD Construction M&C 19- E495:F$1,132,597.80= Design = $26,428.80 L_____JJ Easements �� $35,000.001=1 Change Order No. 1 $223,100.001= (M&C 21-0254) Total $1,417,126.60 4.86 '$291,589.84 The water main capacity charge for the 16-inch water main is$291,589.84 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-W. Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Kusnir 8219