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Home My WebLink AboutOrdinance 25476-04-2022 ORDINANCE NO. 25476-04-2022 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 16- INCH NORTHSIDE III WATER 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 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 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 16- inches in diameter. SECTION 2. The City Council finds that $1,556,715.86 is the cost to construct the Developer initiated 16-inch diameter Northside III water transmission main. Therefore, $320,311.91 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%and to the City of Fort Worth Water Department shall be 28%. 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: '�/.n.�uV.:r.] Tannefife S. Goodall Christopher Mullins(Apr 28,202216:26 CDT) Jannette S.Goodall(Apr 28,202216:35 CDT) Christopher A. Mullins Jannette Goodall Assistant City Attorney City Secretary All ADOPTED: April 26, 2022 AS City of Fort Worth, Texas Mayor and Council Communication DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0321 LOG NAME: 60TRADITION 16-INCH NS3 WMCC SUBJECT (CD 7 and ETJ)Adopt Attached Ordinance to Establish a Water Main Capacity Charge in the Amount of$320,311.91 per Million Gallons per Day for a 16-Inch Northside III Water 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 16-inch water 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 16-inch water main extension from the Offsite Water Line NS-III to serve the Tradition Project(City Project No. 102307).The City cost participated to upsize the offsite Northside III water line extension to the existing Northside II pressure plane line,east of the Tradition development,to a 16-inch diameter main in order to serve surrounding areas within the Northside III pressure plane along State Highway 114. The qualified costs used to establish this water main capacity charge are outlined below: 16-inch City Project Developer's City Cost Per Description Number Total Cost Cost Participation MGp MGD 16-inch WL 102220 $885,611.00�� Construction ��JJ Construction 102307 $603'010.001, Engineering $68,094.86�� Costs Total �$1,556,715.86 $1,116,165.27 $440,550.59 4.86 $320,311.91 The water main capacity charge for the 16-inch water main is$320,311.91 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 72%and to the Fort Worth Water Department shall be 28%.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. 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 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