HomeMy WebLinkAboutOrdinance 26056-04-2023ORDINANCE NO. 26056-04-2023
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A CITY-INITIATED 36-INCH
EASTSIDE II WATER TRANSMISSION MAIN
RELOCATION AS PART OF TRINITY BOULEVARD
RECONSTRUCTION LOCATED AT THE
INTERSECTION OF IH 820 AND TRINITY BLVD;
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 36-inch
diameter water transmission main to replace an existing 33-inch water transmission main
as part of the reconstruction of Trinity Blvd from IH 820 to Salado Trail; and
WHEREAS , the increase in diameter to 36-inches will provide additional capacity
to the surrounding areas within the Eastside II pressure plane .
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 Fort Worth Water Department has initiated construction of a 36-
inch water transmission main as part of the Trinity Boulevard Reconstruction Project.
SECTION 2.
The City Council finds that $3,427 ,674.00 is the City 's cost to construct the 36-
inch diameter Eastside II water transmission main. Therefore, $112,162.11 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 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 s uch 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:
e, . :t; C 7/'lwJ.iel
Christop her Mullins (Ap r 21, 2023 15:06 CDT )
Christopher A. Mullins
Assistant City Attorney
ADOPTED & EFFECTIVE: April 11, 2023
City Secretary
Jannette S. Goodal I
Cl
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THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESEN7ATK)t/ O~U'
THE ACCURACY 1$ NOT TO BE TAI-.EN 'USED AS o:..TA PRODUCED FOR
ENGl"IEER'IIG PURPOSES OR BY A REG'ST EREO PROFESSIONAL LA,-,.0
SURVEYOR THE CITY OF FORT WORTH ASSUMES NO RESPOt1S·S JTY
FOR T'iE ACCLJRAC'✓Of SA!O DATA
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Exhibit A
Water Main Capacity Charge
Trinity Blvd Relocation 36-lnch ES2
Water Transmission Main
PECAN
PHYLLIS
OLIVE BEND
BELL[: ~
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FORT WORTH
~ 6 WATER
1,1 00 2,200 4 ,400 N
Feet
City of Fort Worth, Texas
Mayor and Council Communication
DA TE: 04/11 /23 M&C FILE NUMBER: M&C 23 -0246
LOG NAME: 60TRINITY BLVD 36-INCH ES2 \NMCC
SUBJECT
(CD 5 I Future CD 5) Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of $112 ,162.11 per Million Gallons Per Day for a
36-lnch Eastside II Water Transmission Main as Part of the Trinity Boulevard Reconstruction Project , Pursuant to Chapte r 35 , Article Ill , 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 36-inch water transmission main as part of the Trinity
Boulevard Reconstruction Project , in accordance with Chapter 35 , Water and Sewers , Article Ill , Division 4 , Sect ions 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 re imbursement for the City pursuant to Section
35-93(c).
D ISCUSSION:
This Mayor and Council Communication (M&C) is to authorize the establishment of a water main capacity charge for a 36-inch water transmission
main associated with the reconstruction ofTrinity Boulevard (City Project 102101 ). The new 36-inch water transmission main will replace an
existing 33-inch transmission main . The increase in diameter will provide additional capacity to surrounding areas within the Eastside II pressure
plane.
The qualified costs used to establish this water main capacity charge are outlined below:
I City Project City Secretary Description Tota l Cost II . MGD --11 ---
Number Contract ----I
36-inch WL 102101 57011 $3 ,165 ,294 .00 Construction
Engineering Costs 55480 $262 ,380 .00
Tota l $3,427,6 74.00 30.56 $112,162.11
The water ma in capacity charge for the 36-inch water transmission main is $112 ,162 .11 per million ga ll ons 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 , with in , and/or outside the boundary area. The adoption of this charge is in accordance with Chapter 35 , Water and Sewers ,
Article Ill , Division 4 , Water Main Capacity Charges .
The water main capacity charge boundary is located in Council District 5 / Future Council District 5 .
A Form 1295 is not required because : This M&C does not request approval of a contract with a business entity.
FISCA L INFO RMA TIO N / CE RT IFICATION :
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
Origi nat ing Bus in ess Unit Hea d : Chris Harder 5020
Additional Information Contact: Wade Goodman 7139
Matt Kusnir 8219