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HomeMy WebLinkAboutOrdinance 18480-02-2009ORDINANCE No 18480-02 2009 AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE FOR A CITY INITIATED 30-INCH WATER MAIN IN WESTPOINT BOULEVARD AND WALSH RANCH BOULEVARD 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 (as amended), `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 developers and the 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 developer wishing to connect to the offsite water mains, and WHEREAS the City of Fort Worth is constructing a City initiated 30-inch water main in Westpoint Boulevard and Walsh Ranch Boulevard. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 The City Council finds, m accordance with the Code of the Crty of Port Worth as amended (1986), Chapter 35 `Water and Sewers" Article III, Division 4 Sections 35-87 through 35-92, the City is constructing aCrty-imhated approach water main to provide water service and that such Crty initiated approach water main is 30-inches m diameter Further the City will review the plats that are located m or around the boundary area as described m Exhibit A to determine if the charge will be assessed. SECTION 2. The Crty Council finds that $8,644,349 is the development cost for the City initiated approach water main. Further $298 858 94 per MGD is the Water Mam Capacity charge to be assessed if the plat meets the definition of `Other Development" as defined m Section 35-88(i) of the City Code as amended. The City Council further finds that the Water Mam Capacity charge has been calculated in accordance with the requirements of the Water Mam Capacity Charge Policy SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4 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 ~unsdiction, 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 Crty Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. This ordinance shall be effective upon adoption. APPROVED ASQ TO FORM AND LEGALITY f ,~ nsta R. eynolds Assistant City Attorney ADOPTED February 17, 2009 W:\G roupslEngineering\DevelopmentlFFCPAWMCC\WMCCFoIder,City\WalshRanch.mxd (VK) W J ~~ ~ ~,~ v • -- • 1 U I' 'O' a '' 3 „ i. _ ~' ~ ~ ° ~ ~ - °-' ~ r~ N ~ C ~ ~ 6~!)b'.t~i y ~ M r ~ O ~ v ~~ o c °- ~ ~ I c~ ~ a~ _ ^KH ~ N w C ~~ I / i s ti ~ ~ U J O~ \~ YI t ~ ~ ado ~' d w pj `i "~- ~~\ ~ rr~s is U ~' r O ~ _A~. ~ 3 r I- w _ {~ ~ "'~ z ~,~ ZQ ~ J I ~ tsJ - ,~,~ '' Q ~ ~ I ~ 1 -.lu_ . >~ ~ i ~ ~ ~ U ~ ~~~° U Q ~ ~ ~' -- I +~ RS N ' ~ ( ~~ ~ I A AN - _; ~ ~ ~ ' L ~ .._ W ~ .-` - _ - - a - ~ ~ ~~ ~_ ~ ~ o ~~ C ~ ~~-- ~ ~ ~ ~ O ~ - N ~ i ,~_+ o~ ~. ~~~ ~~~ ~~, ~ '~ ~ 4 ~ _ ~ 0 u7 T' Vu r a „~; ~ O F r o c O Q ' ~r - ~ 5 0 Fx 3 `~ ~ ~' ~ ~ M a ion; d day d euuo;u! deyy uoo eulio;u! oM k!C City of Fort Worth, Texas Mayor and Council Communication ~.~~~ COUNCIL ACTION: Approved on 2/17/2009 - Ord. No. 1`8480-02-2009 DATE Tuesday February 17 2009 LOG NAME. 60WALSHRANCHREV ,~ _, REFERENCE NO G-16473 SUBJECT Adopt Ordinance to Establish a Water Main Capacity Charge fora 30 Inch Water Main from Westland Pump Station to Westpoint Boulevard and Proposed Walsh Ranch Boulevard RECOMMENDATION It is recommended that the City Council 1 Establish $298 858 94 per million gallons per day as the water main capacity charge for the 30 inch water main in Westpoint Boulevard and Walsh Ranch Boulevard and 2. Establish the boundary area for this water main capacity charge to be reviewed by the Water Department for assessing an amount to be reimbursed to the Fort Worth Water Department. DISCUSSION The 42,815 feet of Westside III 30 inch water main to serve Walsh Ranch was installed by the Water Department as per the Economic Development Agreement (Agreement) dated May 6 2003 City Secretary Contract No 28585 The work was completed and accepted in October 2006 This water main meets the criteria established under the water main capacity charge policy The qualified costs excluding 16 inch water cost, used to establish this water capacity charge are engineering construction and easement acquisition costs as outlined below Engineering Design Cost Water Main Construction Cost Easement Acquisition TOTAL $1 015 008 00 $7 629 341 00 $0.00 $8 644 349 00 The City of Aledo has reimbursed the Water Department for their capacity for 22 5 percent in the amount of $1 944 978 00 reducing total qualified cost to $6 699 371 00 The water capacity charge for this main is $298 858 94 per million gallons per day (MGD) This Ordinance shall. not void the City's Agreement (City Secretary Contract No 28585) with Walsh Ranch The Developer agreed to pay $400 00 as a connection fee in addition to the standard water tap/impact fee in lieu of a water main capacity charge for each water tap necessary to serve Phase I II and IV-A of the water facilities in Walsh Ranch Plats in Phase .Ili and IV-B of the Walsh Ranch development subject to the Agreement shall be assessed the water main capacity charge adopted by this ordinance The adoption of this charge is in accordance with the ordinance amending Chapter 35 `Water and Logname 60WALSHRANCHREV Page 1 of 2 Sewers by adding Division IV to Article lit `Water Main Capacity Charges set for Council consideration and adoption on or about the same date as the adoption of this ordinance This water main is located in COUNCIL DISTRICT 3 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office bv. Originatina Department Head. Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) S Frank Crumb (8207) Doo Kim (2752) Logname 60WALSHRANCHREV Page 2 of 2