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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 b lJ � Jannette S. Goodall City Secretary p o�°FOR?°`L��� o °��0 Pao o�� �v° °�� 0 $� o° d oyy� 0 OQ0 Tp. ��a nEXA`-oo�o 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