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Home My WebLink AboutOrdinance 25982-02-2023 ORDINANCE NO. 25982-02-2023 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 THE SHALE CREEK DEVELOPMENT AND SURROUNDING AREAS, LOCATED AT THE INTERSECTION OF STATE HIGHWAY 114 AND SOUTH COUNTY LINE 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 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, LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., hereinafter referred to as"Developer", has initiated construction of a frontage water main to serve its development at the intersection of State Highway 114 and South County Line Rd; and WHEREAS, The City of Fort Worth Water Department cost participated to upsize the water 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 (2015), Chapter 35 "Water and Sewers", Article III, Division 4, Sections 35-87 through 35-93, that the Developer has initiated construction of a frontage water main to serve the Shale Creek development located at the intersection of State Highway 114 and South County Line Rd. The Water Department cost participated to upsize the Northside III water main to 24-inches in diameter. SECTION 2. The City Council finds that$1,097,066.99 is the City cost participation to construct the Developer-initiated 24-inch diameter Northside III water transmission main. Therefore, $85,977.04 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. The Water Main Capacity Charge shall reimburse the City of 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: Christopher Mullins(Feb 20,202313:17 CST) � Christopher A. Mullins Janette S. Goodall Assistant City Attorney City Secretary d� 000000000o na ADOPTED & EFFECTIVE: February 14, 2023 ��Fo�'pa� d tia r?-40 d *d aaaa�nEX pSoaA' nay. T oV VA I. PRAIRIE p _ •. - - .I .ram Te S yy�'a�, s>r�LLr CHA'EL PROADE PRf�ATE l70�q 3 ~ H I i � CALARA-� Z� q aj •'�+• 2 MOORHOUSE� r, GO (= �'P �G _DOVE HOLLOW� �' � SAM REYNOLOS 0o G�CZ U 5 w N f t > Q J HEL ENy wQ� HEL EN.r RU m STIC'�w LL a y RIVER��.iV jp• D0 D+7. �L• COUNTYtROAD,4730, Q COL`ryEry l ' i VELVETf�Fs Z�; �t�� ANT Water Main Capacity IIE" A ; _ 1 -� Charge Boundary INDIAN,TRAIL t. • o piz c �z "�.�. i I '_� '�' DOV ARA PAHO i D ff a V' Off{ , llII , 24-Inch NS3 Water Transmission Main Extension f o I is <9 1 6 0\C�O,Fir0'P AZUR x O i..a�,} w�1 'I {r HEIGHTS CARPENiFR. 61p4 HWv �= a � h tz rr STATEHIGHWAY114 � - 114 �0 3 "+�' 1 PRIVATE A A z w f-.3� ♦ y.-, ft-, l � _t ti-a i -'f 1 -. ROAD p1o➢ ¢o�>to ...+. $ -.S - - �'^ t.' 1 K Y f-_, ;� ,y �"t,.,s�R f 4so7 m aka i �i• t,� ' �_ .,� / � � "'"'t C�-' .. PRIVATE -} Sr < ROAD �'�? - ' ��.�.,_.. z ! ^`y,iFk �1"s �S'c�"-v,-'•-'�°„ ^•�X,,•�', _ �'i 1i.' 6 �5 r COUNTY ROAD 4B4U t a `�� ` R081N,p x f SONGBIRD ? -1 CO A9Z4 <`,2`'a. "' .. a "ztt.;n<:L--e,-'--:• Near:M3ap.. 11/1/2022 Exhibit A FORT WORTH COPYRIGHT=2 CITY OF FORT WORTH Water Main Capacity Charge .NAUTHCRIZED REPRODUCTION 0 A VIOLATION OF APPLICABLE LAl'd Shale Creek 24-Inch NS3 THIS DATA ISM BE USED FORA GRAPHICAL REPRESENTATION ONL, WATM TH EACCURACYISNOT TO BE TAAENIUSEDAS DATAPRODUCED FOR Water Transmission Main ENGINEERING PURPOSESOR BYAREGISTEREDPROFESSIONAL LAND SURVEYOR.THECITYDFFORTWORTH ASSUMESNORESPONSBILRY FOR THE ACCURACY OF SAID DATA 0 1,100 2,200 4,400 Feet City of Fort Worth,Texas Mayor and Council Communication DATE: 02/14/23 M&C FILE NUMBER: M&C 23-0123 LOG NAME: 60SHALE CREEK 24-INCH NS3 WMCC SUBJECT (ETJ)Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of$85,977.04 Per Million Gallons Per Day for a 24-Inch Northside III Water Transmission Main to Serve the Shale Creek Development and Surrounding Areas, 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 main to serve the Shale Creek Development and surrounding areas 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 transmission 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 for the Shale Creek development(City Project No. 103158). LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. requires an 8-inch water frontage main to serve the Shale Creek development.The City cost participated to upsize the proposed 8-inch water frontage 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: Description City Project City Secretary City 24-inch Net Cost Per Number Contract Participation MGD MGD 24-inch uWL 103158 56473 $1,097,066.99 ConstctioTotal ��$1,097,066.99 12.76 $85,977.04 The water main capacity charge for the 24-inch water transmission main is$85,977.04 per million gallons per day(MGD)in accordance with City Code Section 35-92.The water main capacity charge collected 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 section 35-88 of the City Code,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 . 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