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HomeMy WebLinkAboutOrdinance 27783-06-2025ORDINANCE No. 27783-06-2025 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A CITY INITIATED 42-INCH WESTSIDE III WATER TRANSMISSION MAIN ("WESTSIDE III TRANSMISSION MAIN"); 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 the City to recover its incurred costs from installing water mains and to set forth the method and procedures for assessing reimbursements from developers wishing to utilize the water mains; and WHEREAS, the City of Fort Worth Water Department is funding the 42-inch diameter pipe (City Project Number 102688) located near IH 30 and Markum Ranch Rd. to serve the Westside III 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 (2015), as amended, Chapter 35 "Water and Sewers," Article III, Division 4, Sections 35- 87 through 35-93, that the City has begun construction of a 42-inch water transmission main, which is, to serve the Westside III pressure plane. The City initiated this project and is installing this water main. SECTION 2. The City Council finds that the total cost to construct the Westside III 42-inch diameter water transmission main is $29,197,088.31. This water transmission main is approximately 25,205 linear feet. Pursuant to Section 35-92 of the City Code, the net capacity for a 42-inch water main is 42.06 million gallons per day (MGD). Therefore, the water main capacity charge is $694,177.09 per MGD. The City will charge properties the water main capacity charge if they are in plats which will utilize the Westside III water transmission main that are located in or around the boundary area as described in Exhibit "A," and meet 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. This water main capacity charge will be reimbursed to the City of Fort Worth Water Department. The maximum reimbursable amount to the Water Department is $29,197,088.31. The City's collection of this charge will cease when the City's development costs are fully reimbursed. 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: -1 / � 74W — M. Kevin Anders, II Assistant City Attorney ADOPTED AND EFFECTIVE: June 24, 2025 CITY SECRETARY Jannette S. Goodall City Secretary Mayer & Council Map Water Main Capacity Charge 42-Inch WS3 Council District 3 Legend Council District ,•. , t?}�1 03 - Michael D. Crain ;7 42 t• C3 WS3 42 E'SS' Fe O FORT WORTH 42 Inch WS3 Water Main a Data Source: Esri, CGIAR, USGS, City of Fort Worth, Texas Parks & Wildlife, CONANP, Esn, TomTom, Garmin, SafeGraph, FAO, METIMASA, USGS, EPA, NPS, USFWS T F FORT NORTH 0 3,000 6,000 12,000 L 1 .41 1 4A Feet N DATA IS T BE USED F REPRESENTATI low THE URAC IS IOT BE TAP E4 USEDA DATA PR F EN EERIt - SE . B ARE - STEREO PRI FESSI1 4AL LAND OR City of Fort Worth, Texas Mayor and Council Communication DATE: 06/24/25 LOG NAME: 6042IN WSIII WMCC SUBJECT M&C FILE NUMBER: M&C 25-0651 (CD 3 and ETJ) Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of $694,177.09 Per Million Gallons Per Day for a 42- Inch Westside III Water Transmission Main and Establish Boundary Area, 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 42-inch Westside III water transmission main, 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 reimburse the City's costs 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 42-inch Westside III water transmission main (City Project No. 102688) near Interstate Highway 30 and Markum Ranch Road. The City initiated this project. The City is installing approximately 25,205 linear feet of 42-inch water main to serve the Westside III pressure plane and surrounding areas. The qualified costs used to establish this water main capacity charge are outlined below: city city Description Project Secretary Number Contract I 42-inch WL 102688 59061 Construction Change 10268859061- Order CO1 Change 102688 59061- Order CO2 Change 102688 59061- Order CO3 42-inch WL 102688 63232 Construction Engineering 102688 54767 Costs 42- Total Cost inch Cost Per Net MGD MGD $19,873,823.75 $14,981.85 $84,912.20 I $49,128.51 I *� $7,086,991.001 $1,129,280.00il Amendment 102688 F54767-AlI $303,590.00 FArnendment 102688 54767-A2I $54,535.00 Easement 102688 $599,846.00 Costs Total $29,197,088.31 �42,.0611$694,177-09 The water main capacity charge for the 42-inch Westside III water transmission main is $694,177.09 per million gallons per day (MGD) in accordance with City Code Section 35-92.The City's collection of the water main capacity charge will reimburse the Fort Worth Water Department. The City's collection of this charge will end when the City's development costs are fully reimbursed. 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. If a plat meets the definition of "other development" stated in Section 35-88 of the City Code, then the properties in the plat which utilize the 42-inch Westside III water transmission main 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 Council District 3 and ETJ. 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 Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Chris Harder 5020 Additional Information Contact: Matt Kusnir 8219 Makayla Johnson 6529