HomeMy WebLinkAboutOrdinance 25935-01-2023 ORDINANCE NO. 25935-01-2023
AN ORDINANCE ADOPTING A WATER MAIN CAPACITY
CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE
FOR A CITY INITIATED 24-INCH WESTSIDE V WATER
TRANSMISSION APPROACH MAIN TO SERVE THE
WHOLESALE CUSTOMER CITIES OF WILLOW PARK AND
HUDSON OAKS AS WELL AS SURROUNDING AREAS,
LOCATED AT THE INTERSECTION OF FM 3325 AND
INTERSTATE HIGHWAY 20; 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
costs incurred from installing water mains offsite of a development and sets forth the
method and procedures for assessing reimbursements from subsequent developers wishing
to connect to the offsite water mains;
WHEREAS, The City of Fort Worth Water Department is constructing a 24-inch
diameter westside V water transmission approach main to serve the wholesale customer
Cities of Willow Park and Hudson Oaks as well as surrounding areas within the City of
Fort Worth's extraterritorial jurisdiction; and
WHEREAS, the City of Fort Worth has an allocated capacity of 5.97 million
gallons per day(MGD)from the 24-inch diameter water transmission approach 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,
Texas (2015), as amended, Chapter 35, "Water and Sewers", Article III, Division 4,
Sections 35-87 through 35-93, that the Fort Worth Water Department has initiated
construction of a 24-inch westside V water transmission approach main to serve the
wholesale customer cities of Willow Park and Hudson Oaks as well as surrounding areas
within Fort Worth's extraterritorial jurisdiction.
SECTION 2.
The City Council finds that $727,332.00 is the cost to construct the 24-inch
diameter westside V water transmission approach main. Therefore,$121,831.16 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 Section 35-92 of the City Code. This Water Main Capacity Charge will
reimburse the Fort Worth Water Department.
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 (2015), 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:
Chrisopher Allins(Jan 19,202317:08 CST) V
Christopher A. Mullins Jannette S. Goodall
Assistant City Attorney City Secretary
OF ®R�
ADOPTED AND EFFECTIVE: January 10, 2023
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10/28/2022 Exh i bit A FORT WORTH
COPYRIGHT X22 ISA VIOLATION
FORT MIRTHTX Water Main Capacity Charge
UNAUTXORL'EO REPRODUCTION CITY
VIOLATION OF APPLICABLE LAWS
TMISDATAID TO BE USED FOR A GRAPHICAL REPRESENTATOil ONLY Willow Park-Hudson Oaks 24-Inch WS5 WATER
CURACYTTO BETAKEN REGISTERED
DATA PRODUCED AN Water Transmission Approach Main
ENGINEERING PURPOSES OR BV A REGISTERED PROFESSIONAL LAND N
SURVEYOR THE CITY THE
ACCURARTHASSUMES NO RESPONSIBILITY
FOR THE ACCU RACYOF SAID DATA 0 1,000 2,000 4,000
Feet
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/10/23 M&C FILE NUMBER: M&C 23-0054
LOG NAME: 60WILLOW PARK-HUDSON OAKS 24-INCH WS5 WMCC
SUBJECT
(CD 3/Future CD 3,and ETJ)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$121,831.16 per Million Gallons Per
Day for a 24-Inch Westside V Water Transmission Approach Main to Serve the Cities of Willow Park and Hudson Oaks and Surrounding Areas
Within Fort Worth's Extraterritorial Jurisdiction, Pursuant to Chapter 35,Article III, Division 4,Sections 35-87 through 35-93 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 approach main to serve the
Cities of Willow Park and Hudson Oaks and surrounding areas within the City of Fort Worth's extraterritorial jurisdiction, in accordance with
Chapter 35,Water and Sewers,Article III, Division 4, Sections 35-87 through 35-93 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 24-inch water transmission
approach main extension to serve the wholesale customer cities of Willow Park and Hudson Oaks and surrounding areas within the City of Fort
Worth's extraterritorial jurisdiction (City Project 102609, Mayor and Council Communication 20-0771). The capacity allocated to the City of Fort
Worth on this transmission main is 5.97 million gallons per day(MGD).
The qualified costs used to establish this water main capacity charge are outlined below:
Description
City Project City For Worth Capacity, Cost Per
Number Participation ILMGD
24-inch Approach Main 102609 $710,700.001
Construction [
Change Order No 1 7E $16,632.00�
j I
Total �,332.Oa 5.97 $1 11,831.16
The water main capacity charge for the 24-inch water transmission approach main is$121,831.16 per MGD in accordance with City Code
Section 35-92.This water main capacity charge will reimburse the Fort Worth Water Department.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 City Code Section 35-88,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,
Article III, Division 4,Water Main Capacity Charges.
The water main capacity charge boundary is located in the City's Extraterritorial Jurisdiction and Council District 3/Future 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 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