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Home My WebLink AboutOrdinance 25516-05-2022 ORDINANCE NO. 25516-05-2022 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER-INITIATED 36- INCH NORTHSIDE III WATER TRANSMISSION MAIN TO SERVE TRADITION AND SURROUNDING AREAS, LOCATED AT 14901 JOHN DAY 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, HT Hwy 114 Development LP, hereinafter referred to as "Developer", has initiated construction of an offsite public water main to serve Tradition located at 14901 John Day Rd; and WHEREAS, The City of Fort Worth Water Department cost participated to upsize the approach main to 36-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 14901 John Day Rd. The Water Department cost participated to upsize the Northside III approach water main to 36 inches in diameter. SECTION 2. The City Council finds that $8,655,539.49 is the cost to construct the Developer initiated 36-inch diameter Northside III water transmission main. Therefore, $283,231.00 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 71.7% and to the City of Fort Worth Water Department shall be 28.3%. 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: Christopher Mullins(May 31,202213:56 CDT) 4afifiette S.Goodall(Jun 1,2022 03: ST) Christopher A. Mullins Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED: May 24, 2022 DMS o I KIO'Azl • a TREE - fw fad U, .'.z 'a -1< LISTER a .•. • 1 r I, U = LN 1 ...__ _ •„`�-_ - _„ -SAU REYNOLDS a ~ � MOLDB ARD Water Main Capacity —•� ,o-- ' Charge Bound :,4 _ w- ary DIAMOND ^.0 TYDINGS _ O J GH ESHIER - 1 o w to SHAS A 00 �¢4 �VIEW�, GAFFI LD. '^+2 ARE OW •Oh,'� 2 `"»s1°-x--�-^ ..y� .;eN R •, / �.. p � � !� oy Q�# ';.�MATANY, -- •SH AWN EE-.'� 9--` ICASTLEGAR Q T � CARPENTER [ _N { O•'�.'O ! .i L �� A MAZON, 0 9�L WILD @! . _�O r. HORSE 9N _ � Y ,(� - HIGHWAY '�C� ;,•y.', •�WY 114 --C•---^C `..';- >- 14 IGp'E� O >_� 1 . I ROBIN v- F IE _ MA 40 711 11 SON �„� � • ,;�i �� ,. 36-Inch N53 Water RIDGE Transmission Main Extension C Qzrz :z y3 O'• BLUE'MOUND. OPEN Ilfi o ' Q,Q r SONGBIRD' '! ,_.;�_-- .. �! � 1 1, -o. • o r � �'�•�1�,gp -- - ear! 3;""1 �"-litt3 I a t 1. in) ILL 1 �"� t•y•w,A•, m ct9v�`I'G `�- " T�'ra�� . �� y'k4 __,,� 5 ' � �� .. 0? 2a0c �R +,y I�➢N 3 �AGLIAR I S WpRLD;,• ENS GRACE: SALIDA f `� ' .�' ARTESIA n Y- ;t O.•� O` .--'*^j � O tSEND ROP,iNSu�' .:p �+-•Rz-a ._`a r 2.. Y' i �+•t'4 ,. t INTERMODAL� 6'� SANTA. •K WISHBONE' T �E i. �'.` C� _•°° ANOiy' FF�� Q�� 4,•F� FyOSA. %n•.:_._..�' ,. A 1.g ND EAGLE➢ Ilia-N L �O G4 ma's -o FELIPE OS, N �• ��. "_� �—� } D pO I t vi NGE, DIAMONDBACK _ � W _ -{ _. ' •'E D` V. A a 4 9j i.� �.I � '"`• e J r^'�"ry� Vl' ,y RP�LN A 1t II ' BASSETTf'� IAT Z�. it�i I ��1 6. '��( "°k�' • h6 t`Er^ a 1 ND ti _.. ouND Z� ?� plm 4' ROSSIN(31 yeye? w ��. 3. } " •yaf ,`1 z l wESTPoRT NearMap 7i8i2021 Exhibit A FORT WORTH COPYRIG C VIOLATION A VIOATIO FFOR WO RTH Water Main Capacity Charge " /"' UNAUTHORIZED REPRODUCTIONUCTION I NOFAPPLICABLE LAWS • Tradition Offsite 36-Inch NS3 T EACCAAYIS NOT IS TO BE ED BEFOR TAKEN I GRAPHICAL AS PRODUCEDTATION FORNLY W(\ R THEINE ER AOYISNOSES BE YA REGISTERED DATAPR SIONAL FOR Water Transmission Main ENGINEER TPURPOSESORBVAREGISTERED PRO R ESIONAL ILAN ILID N SURVEYOR.THE CITY THEOF ACCORT RACY F SAO ES NO RESPOtiSIRI LITV 0 1,100 2,200 4,400 FOR THE ACCURACY OF SKID DATA Feet City of Fort Worth, Texas Mayor and Council Communication DATE: 05/24/22 M&C FILE NUMBER: M&C 22-0398 LOG NAME: 60TRADITION 36-INCH NS3 WMCC SUBJECT (CD 7 and ETJ)Adopt Attached Ordinance to Establish a Water Main Capacity Charge in the Amount of$283,231.00 per Million Gallons per Day for a 36-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 36-inch water transmission main to serve the Tradition Development and surrounding areas in accordance with Chapter 35,Water and Sewers,Article III,Division 4,Sections 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 36-inch water transmission main extension from the Offsite Water Line NS-III to serve the Tradition Project (City Project 102220).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 36-inch transmission main in order to serve surrounding areas within the Northside Ill pressure plane. The qualified costs used to establish this water main capacity charge are outlined below: City City 36- Description Project Secretary Total Cost Developer's City inch Cost Per Number Contract Costs Participation Net MGD MGD 3 ns WL 102220 54220 $7,701,209.00 L� Coonstrtruction Construction 102307 $541,770.00 [__�.___) ❑� Engineering $293,826.64 ^��❑� Costs Change 54220- $67,481.49 ��❑� Order No 1 FP1 Order ChangNo 2 5FP 0 $12,127.50Chan ��❑ 4220- Order gNo 3 5FP1 $34,873.86 � ❑ Order ChangNo 4 5FP 0 $4,251.00 � ❑�� Total $8,655,539.49$6,231,988.43 F$2,4273,551.06 30.56 $283,231.00 -L The water main capacity charge for the 36-inch water transmission main is$283,231.00 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 71.7%and to the Fort Worth Water Department is 28.3%.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 I 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 8016 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Wade Goodman 7139 Matt Kusnir 8219