HomeMy WebLinkAboutOrdinance 25054-09-2021 ORDINANCE NO. 25054-09-2021
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A DEVELOPER INITIATED 16-
INCH WESTSIDE III WATER MAIN TO SERVE
TRADITION AND SURROUNDING AREAS, LOCATED
AT INTERSECTION OF CHAPIN RD AND WEST LOOP
820 SOUTH; 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, Montserrat Hills, LLC, hereinafter referred to as "Developer", has
initiated construction of a o 12-inch offsite public water main to serve Montrachet located
at the intersection of Chapin Rd and West Loop 820 South.; and
WHEREAS, The City of Fort Worth Water Department cost participated to upsize
the approach main to 16-inch diameter pipe to serve surrounding areas.
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 an offsite public water main
to serve Montrachet located at the intersection Chapin Rd and West Loop 820 South. The
Water Department cost participated to upsize the Westside III approach water main to 16-
inches in diameter.
SECTION 2.
The City Council finds that $929,868.00 is the cost to construct the Developer
initiated 16-inch diameter Westside III water transmission main. Therefore, $191,330.86
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. The percentage of the water
main capacity charge collected that will be eligible to be reimbursed to the Developer shall
be 72.9% and to the City of Fort Worth Water Department shall be 27.1%.
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-Reynold (Sep 24,2021 5:16 CDT))
Christa R. Lopez-Reynolds Ronald P. Gonzales
Sr. Assistant City Attorney Acting City Secretary
ADOPTED: September 21, 2021
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6/3/2021 Exhibit A FORT WORTH
COPYRIGHT 2D21 CITY Cl FORT NORTH Water Main Capacity Charge /\
UNAUTHORIZED REPRODUCTION ISA VIOLATION-APPLICABLE LAWS Montrachet Offsite 16-Inch ,i G, f////\\\\`
THIRD IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY •T7A'1 M
THEACCURACV IS MOTTO BETAKEN I USED AS DATAPRODUCED FOR WS3 Water Main ENGINEERING PURPOSES OR BYA REGISTERED PROFESSIONAL LAND -1
SURVEYOR THE CITY OF FORT WORTH ASSUMES NO RESPONSIM LITV N
FOR THEACCU RACVOF SAID DATA 0 550 1,100 2,200
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/21/21 M&C FILE NUMBER: M&C 21-0725
LOG NAME: 60MONTRACHET 16-INCH WS3 WMCC
SUBJECT
(CD 3 and ETJ)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$191,330.86 per Million Gallons per Day for a 16-
Inch Westside III Water Main to Serve the Montrachet Development and Surrounding Areas, 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 for the 16-inch water main to serve the Montrachet development
and surrounding areas 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 extension(City Project 102276). Montserrat Hills, LLC extended a 12-inch offsite water line to serve the Montrachet development. In March
2020, in M&C 20-0170,the City participated in the cost to upsize the offsite Westside III water line extension to a 16-inch diameter water main in
order to serve surrounding areas within the Westside III pressure plane along West Loop 820 South.
The qualified costs used to establish this water main capacity charge are outlined below:
City Project Developer's City 16-inch I Cost Per
Description Number Cost ;Participation Total Cost Net MGD MGD
16-Inch WL 102276 $622,135.30! $�,552.70 I $873,688.00 [
Construction
Cogstseering $56,180.00
L—_�J $56,180.00 !�
$678,315.301 $251,552.70 $929,868.00 4. 66 1$191,330.86�
The water main capacity charge for the 16-inch water main is$191,330.86 per million gallons per day(MGD)in accordance with City Code
Section 35-92.The percentage of the water main capacity charge collected that will be eligible to be reimbursed to Montserrat Hill, LLC shall be
72.9%and to the Fort Worth Water Department is 27.1%.The collection period for the developer shall be 20 years or until the maximum
reimbursable amount has been received,whichever occurs first.There is no restriction to the time period for the reimbursement to the Fort Worth
Water Department.
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 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 . Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Wade Goodman 7139
Matt Kusnir 8219