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HomeMy WebLinkAbout28085-10-2025 - City Council - OrdinanceORDINANCE No. 28085-10-2025 AN ORDINANCE ADOPTING A SEWER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-97 OF THE CITY CODE FOR A DEVELOPER INITIATED LIFT STATION ("VENTANA LIFT STATION AND SEWER MAINS"), LOCATED NEAR THE INTERSECTION OF VEALE PKWY AND LONGVUE AVE; 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 5 entitled "Sewer Main Capacity Charges" provides for the adoption of Sewer Main Capacity charges by City Council to allow for developers and the City to recover cost incurred from installing sewer mains offsite of their development and to set forth the method and procedures for assessing reimbursements from subsequent developers wishing to connect to the offsite sewer mains; and WHEREAS, PB Ventana 1, LLC, hereinafter referred to as "Developer", is constructing a lift station, force main, and gravity mains to serve the Ventana development near the intersection of Veale Pkwy and Longvue Ave.; and WHEREAS, the City of Fort Worth Water Department is cost participating to upsize the lift station and the sewer mains. 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 (1986), Chapter 35 "Water and Sewers", Article I1I, Division 5, Sections 35-94 through 35-100, that the Developer has initiated construction of a lift station to serve the Ventana development located at the intersection of Veale Pkwy and Longvue Ave. SECTION 2. The City Council finds that the total cost to construct the Ventana Lift Station and Sewer Mains is $2,822,148.06. The Developer initiated this project. Pursuant to Section 35-99 of the City Code, the net capacity of the lift station and sewer mains is 5.0 million gallons per day (MGD). The developer's allocation is 1.65 MGD, leaving a remaining available capacity of 3.35 MGD. Therefore, the sewer main capacity charge is $842,432.26 per MGD. The City will charge properties the sewer main capacity charge if they are in plats which utilize the Ventana Lift Station and sewer mains 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 35-95 of the City Code. The City Council further finds that the sewer main capacity charge has been calculated in accordance with the requirements of the sewer main capacity charge policy. This sewer main capacity charge will be reimbursed to the City of Fort Worth Water Department. The maximum reimbursable amount to the Water Department is $2,822,148.06. 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- 100 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: Stephen H —ines (Nov 7, 2025 09:38:04 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: October 28, 2025 CITY SECRETARY C Jannette S. Goodall City Secretary Mayor & Council Map Ventana Lift Station and Sewer Mains Council District 3 & ETJ FORT WORTH **1111r pp COPYRIGHT 2025 CITY OF FORT WORTH 0 1,800 3,600 7,200 UNAUTHORIZED REPRODUCTION ISAVIOLATION OFAPPLICABLE LAWS Feet N THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY THE ACCURACY IS NOT TO BE TAKEN ! USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND Y SURVEYOR THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA City of Fort Worth, Texas Mayor and Council Communication DATE: 10/28/25 M&C FILE NUMBER: M&C 25-1001 LOG NAME: 60VENTANA LIFT STATION AND FORCE MAIN SMCC SUBJECT (CD 3 and ETJ) Adopt Ordinance to Establish a Sewer Main Capacity Charge in the Amount of $842,432.26 Per Million Gallons Per Day for the Ventana Lift Station and Sewer Mains, and Establish the Boundary Area for the Capacity Charge Pursuant to Chapter 35, Article III, Division 5 Sections 35-94 through 35-100 of the City Code RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance to establish the sewer main capacity charge for the Ventana lift station and sewer mains, in accordance with Chapter 35, Water and Sewers, Article III, Division 5, Sections 35-94 through 35-100 of the City Code; and 2. Establish the boundary area for the lift station to allow the Water Department to assess a reimbursement for the City pursuant to Section 35- 100(c). DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the establishment of Ventana lift station and sewer mains (City Project Nos. 101675 and 102076) near Veale Ranch Parkway and Longvue Avenue. The Developer initiated this project. The Developer is installing a lift station, force main, and gravity mains to serve the Ventana development and surrounding areas. The City's qualified costs used to establish this sewer main capacity charge are outlined below: City City Capcity Cost Per Description Project Secretary Total Cost MGD MGD Number Contract Lift Station 101675 52888 $1,451,368.48 Sewer 102076 52889 $1,370,779.58 Mains Total $2,822,148.06 3.35 $842,432.26 The sewer main capacity charge for the lift station and sewer mains is $842,432.26 per million gallons per day (MGD) in accordance with City Code Section 35-99. The sewer 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 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 35-95 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 5, Sewer Main Capacity Charges. The sewer 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 Matt Kusnir 8219 Additional Information Contact: Makayla Johnson 6529