HomeMy WebLinkAbout28105-11-2025 - City Council - OrdinanceORDINANCE No. 28105-11-2025
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A DEVELOPER INITIATED 16-
INCH NORTHSIDE IV WATER TRANSMISSION MAIN
("EMS ISD HIGH SCHOOL #4" ), LOCATED AT BREWER
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 I11,
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, Eagle Mountain -Saginaw Independent School District, hereinafter
referred to as "Developer", is constructing a 12-inch water main to serve the Eagle
Mountain -Saginaw Independent School District High School #4 located at Bonds Ranch
Rd and Fleming Ranch Rd; and
WHEREAS, the City of Fort Worth Water Department is cost participating to
upsize the 12-inch diameter pipe to 16-inch diameter pipe (City Project Number 103535).
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 I11, Division 4, Sections 35-87 through
35-93, that the Developer has initiated construction of a water transmission main to serve
the Eagle Mountain -Saginaw Independent School District High School #4 located at Bonds
Ranch Rd and Fleming Ranch Rd.
SECTION 2.
The City Council finds that $461,016.11 is the total city cost to upsize the
Developer initiated 12-inch diameter water transmission main to 16-inch diameter pipe.
This water transmission main is approximately 8365 linear feet. Pursuant to Section 35-92
of the City Code, the net capacity for a 16-inch water main is 4.86 million gallons per day
(MGD). Since the developer is utilizing 0.86 MGD, the remaining capacity is 4 MGD.
Therefore, $115,254.03 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 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 $461,016.11.
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:
M. Kevin Anders, 11
Assistant City Attorney
ADOPTED AND EFFECTIVE: November 11, 2025
CITY SECRETARY
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Jannette S. Goodall
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/11/25 M&C FILE NUMBER: M&C 25-1031
LOG NAME: 60EMS ISD HIGH SCHOOL #4 WMCC
SUBJECT
(CD 7 and ETJ) Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of $115,254.03 Per Million Gallons Per Day for the
City's Cost Participation in a Developer -Initiated 16-Inch Northside IV Water Transmission Main Extension ("EMS ISD High School #4"), Pursuant
to Chapter 35, Article III, Division 4 Sections 35-87 through 35-93 of the City Code and Establish Boundary Area
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance to establish the water main capacity charge for the City's cost participation in a developer -initiated 16-inch
Northside IV water transmission main extension ("EMS ISD High School #4"), 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 developer -initiated 16-inch
Northside IV water transmission main extension (City Project No. 103535) near Bonds Ranch Road and Fleming Ranch Road. The Developer
initiated this project. The City has cost participated in the project to oversize the current 12-inch approach water main to a 16-inch approach water
main. The Developer is installing approximately 8,365 linear feet of 16-inch water main to serve the Northside IV pressure plane and surrounding
areas. The City's qualified costs used to establish this water main capacity charge are outlined below:
City
Description Project
Number
City
Secretary Total Cost
Contract
16-inch WL 103535 I 58544 $461,016.11
Construction
Total �$461,016.11
16-inch
Water Main
Net Capacity
(MGD) Due
to City's
Oversizing
of Existing
Water Main
4.0
Cost Per
MGD
$115,254.03
The water main capacity charge for the 16-inch Northside IV water transmission main extension is $115,254.03 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. The
City's collection of this charge will end when the City's development costs are fully reimbursed.
The boundary area, as shown on 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 Council District 7 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
Matt Kusnir 8219
Additional Information Contact: Makayla Johnson 6529