HomeMy WebLinkAboutOrdinance 25477-04-2022 ORDINANCE NO. 25477-04-2022
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A DEVELOPER INITIATED 24-
INCH NORTHSIDE III WATER TRANSMISSION MAIN
TO SERVE TRADITION AND SURROUNDING AREAS,
LOCATED AT THE INTERSECTION OF SH 114 AND
WINDING MEADOWS DR; 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, HT HWY 114 Development, LP, hereinafter referred to as
"Developer", has initiated construction of an offsite public water main to serve Tradition
located at the intersection of SH 114 and Winding Meadows Dr.; and
WHEREAS, The City of Fort Worth Water Department cost participated to upsize
the approach main to 24-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 of an offsite public water main
to serve Tradition located at the intersection of SH 114 and Winding Meadows Dr. The
Water Department cost participated to upsize the Northside III approach water main to 24-
inches in diameter.
SECTION 2.
The City Council finds that $1,350,386.95 is the cost to construct the Developer
initiated 24-inch diameter Northside III water transmission main. Therefore, $105,829.70
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 69% and to the City of Fort Worth Water Department shall be 31%.
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.
i
SECTION 6.
This ordinance shall be effective upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Tann fte S. Goodall
Christopher Mullins(Apr 28,202216:26 CDT) Janette S.Goodall(Apr 28,20221635 CDT)
Christopher A. Mullins Jannette Goodall
Assistant City Attorney City Secretary
ADOPTED: April 26, 2022
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/26/22 MSC FILE NUMBER: M&C 22-0322
LOG NAME: 60TRADITION 24-INCH NS3 WMCC
SUBJECT
(CD 7 and ETJ)Adopt Attached Ordinance to Establish a Water Main Capacity Charge in the Amount of$105,829.70 per Million Gallons per Day
for a 24-Inch Northside III Water Transmission Main to Serve the Tradition Development and Surrounding Areas,Pursuant to Chapter 35,Article III,
Division 4,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 24-inch water transmission main to serve the Tradition
development and surrounding areas in accordance with Chapter 35,Water and Sewers,Article III,Division 4,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 24-inch
water transmission main extension from the Tradition Winding Meadows Drive project(City Project No 102307). HT Hwy 114 Development,LP
requires a 20-inch water main to serve the Tradition development.The City cost participated to upsize the proposed 20-inch water main to a 24-
inch transmission main in order to serve surrounding areas within the Northside III pressure plane.
The qualified costs used to establish this water main capacity charge are outlined below:
City City 24-
Description Project Secretary Total Cost Developer's City inch Cost Per
Number Contract Cost Participation Net MGD
,MGD
24-inch WL 102307 53652 $843,876.00
Construction
Engineering ��$52,841.95 ��❑�
Costs
Change 53652-FP2 $430,669.00 I��❑�
Order No 4
Change 53652-FP2 $23,000.00
Order No 5
❑�
Total 1 $1,350,386.95 $931,767.00 $418,619.95 12.76$105,829.70
The water main capacity charge for the 24-inch water transmission main is$105,829.70 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 HT Hwy 114
Development,LP shall be 69%and to the Fort Worth Water Department is 31%.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 4,Water Main Capacity Charges.
The water main capacity charge boundary is located in the City's Extraterritorial Jurisdiction and Council District 7.
lA Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
I FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations 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