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Home My WebLink About28479-05-2026 - City Council - OrdinanceORDINANCE No. 28479-05-2026 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR A DEVELOPER INITIATED 24-INCH NORTHSIDE II WATER TRANSMISSION MAIN ("NORTHSIDE II 24-INCH WATER MAIN") LOCATED ON BLUE MOUND ROAD; 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 Fort Worth City Code (2015), as amended ("City Code"), "Water and Sewers", Article III, Division 4 entitled "Water Main Capacity Charges" provides for the adoption of Water Main Capacity charges by the Fort Worth City Council ("City Council") to allow for developers and the City of Fort Worth ("City") to recover cost incurred from installing water 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 water mains; and WHEREAS, pursuant to Fort Worth City Secretary Contract Number 41103, the Town of Northlake is a wholesale water customer of the City; and WHEREAS, the Town of Northlake, hereinafter referred to as "Developer", is constructing a 24-inch diameter water main located at Blue Mound Road and Chaplin Drive to increase total water capacity available to Developer; and WHEREAS, pursuant to the First Amendment to Fort Worth City Secretary Contract Number 41103, the City of Fort Worth Water Department is cost participating with Developer to construct the 24-inch diameter water main. 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 Chapter 35 "Water and Sewers", Article III, Division 4, Sections 35-87 through 35-93 of the City Code, that the Developer has initiated construction of a 24-inch water transmission main, pursuant to the First Amendment to Fort Worth City Secretary Contract Number 41103. SECTION 2. The City Council finds that $3,862,047.04 is the total of the City's participation cost for the construction of the 24-inch water main. In accordance with Section 35-92(d) of the City Code, the water main capacity charge shall be based on the difference in capacity expressed in terms of million gallons per day (MGD) between the net capacity of a 24-inch water main and the net MGD capacity provided to Developer upon completion of the project, which is 9.13 MGD for this project. Therefore, $423,006.25 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 $3,862,047.04. 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. ke vin �iv(el-s, // M. Kevin Anders, II (ay 21, 214:25:04 CDT) M. Kevin Anders, II Assistant City Attorney ADOPTED AND EFFECTIVE: May 12, 2026 Jannette S. Goodall City Secretary -ti � a� FORrt�aa )Z� �000000000to 0 {� 40 0�1� PV o = 0 00 0000 *� ICY s0000.0 ix A, - , City of Fort Worth, Texas Mayor and Council Communication DATE: 05/12/26 M&C FILE NUMBER: M&C 26-0359 LOG NAME: 6024IN NS2 NORTHLAKE WMCC SUBJECT (CD 10 and ETJ) Adopt Ordinance to Establish a Water Main Capacity Charge in the Amount of $423,006.25 Per Million Gallons Per Day for a 24-Inch Northside II Water Transmission Main Extension, 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 24-inch Northside II water transmission main extension, 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: The purpose of this Mayor and Council Communication (M&C) is to authorize the establishment of a water main capacity charge for the 24-inch Northside II Water Transmission Main Extension project (City Project No. 103968) near Blue Mound Road and Chaplin Drive. The Town of Northlake is the developer initiating this project. Pursuant to City Secretary Contract 41103, the City of Fort Worth (City) provides wholesale water service to the Town of Northlake (Northlake Wholesale Agreement). Pursuant to Exhibit F of the First Amendment to the Northlake Wholesale Agreement (First Amendment), the City agreed to share the costs to upsize the existing water main to a 24 inch water main. The City's cost share is 45.14% to upsize Segments A-F of the existing water main. The Developer is installing approximately 14,777 linear feet of 24-inch water main to serve the Northside II pressure plane and surrounding areas. The water main capacity charge for this project is calculated according to Section 35-92(d) of the Fort Worth City Code. The net capacity of a 24-inch water main is 12.76 per million gallons per day (MGD). Pursuant to the First Amendment, upon completion of the project, the total capacity for Segments A-F to Northlake upon completion of the project will be 3.63 MGD. Under the City Code, the City may establish a water main capacity charge for the difference between the net capacity of the new water main and the total capacity allocated to Northlake. The City's qualified costs used to establish this water main capacity charge are outlined below: City City 24- Description Project Secretary Total Cost inch Cost Per No. Contract Net MGD MGD Construction Bid Summary 103968 41103 $943,588.00 for Section A 24-inch WL 103968 41103 $7,612,121.00 Construction Total $8,555,709.00 CFW Total (45.14%) $3,862,047.04 9.13 $423,006.25 The water main capacity charge for the 24-inch Northside II water transmission main extension is $423,006.25 per MGD in accordance with City Code Section 35-92(d). 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 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" as defined 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 10 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