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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 x .STACYx 6 4 a REGEN?jt�' !Not y- f t° O° fit"r s I r'tl rn . m BECACO EVEV Cr(V-N\NF'.e<O 'OZ m _ x 1::.'. ZE (D J0 - FOXHUNT Jw 1 yy.�T - YTRINITVj `�'WOODBRIDGE 'a j t�K ,SAMBASSF 24-Inch WS5 WateroP FRi to Transmission Main Extension �K � k WEATHERFORD ix rRIDG FY v r �.u. RF M'T a C fC ERST zo qFOZ t - !D 3SCEN IC e . ?°fRsrarert• c s u 't� ..txi>:,�' et yr4`��o° ': LSH _ANVON EL . *,v�t l(rQ FT4Ye C) r CROS//N RO(O� IN RST N> / S ., E TE CV 3 BAY�T T A 20 a > a INTERSTATE �n p �+ FN B�OEE :r r20�%Q E!tC } NTERSTATE20 IH 20 ES FARMERs� �.ry, IF{120 BPR y ..: •,.N I FeS SR WE I o T �W �... 0 .fe UPePG� v SR E8 Water Main Capacity Charge Boundary r.,m - LL?. , , �.- - _ MERRY An1' Z fF I. III - Im 7 ..� Ea x - RR Al 4i�R`9 o4Y+iki+.y ° �e F erg E t p JEAR�- UNDERVJ OOD 'm a JOHN JAMES �m �• I I (�WESTGCAF ATE� .r - o ; r<i <Ftiotir� aEcgprNs F14 Z NearMap 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