HomeMy WebLinkAboutOrdinance 17623-06-2007.~!
ORDINANCE ~ ~s2s-os-2oo~
AN ORDINANCE AMENDING CHAPTER 35 WATER AND SEWERS OF
THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED BY
AMENDING DEFINITIONS CONTAINED IN SECTION 35-82, ADDING A
DIVISION 4 TO ARTICLE III, WATER MAIN CAPACITY CHARGES
PROVIDING FOR DEFINITIONS PROVIDING CRITERIA FOR WATER
MAIN CAPACITY CHARGES FOR DEVELOPER INITIATED APPROACH
WATER MAIN PROJECTS AND CITY INITIATED APPROACH WATER
MAIN PROJECTS PROVIDING FOR THE CALCULATION OF A WATER
MAIN CAPACITY CHARGE, PROVIDING FOR THE ASSESSMENT AND
PAYMENT OF A WATER MAIN CAPACITY CHARGE, AMENDING
ARTICLE IV RESERVED PROVIDING FOR REFUNDS TO DEVELOPERS
AND FOR THE ADMINISTRATION OF FUNDS COLLECTED FROM
WATER MAIN CAPACITY CHARGES MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES REPEALING ALL
ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN
CONFLICT HEREWITH, PROVIDING A SAVINGS CLAUSE, PROVIDING
A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS section 395 001(1)(B)(4)(C) of Chapter 395 Texas Local Government
Code, allows for lot or acreage fees for the purpose of reimbursing developers for oversizmg or
constructing water or sewer mains or lines, and
WHEREAS, section 395 001(1)(B)(4)(D) of Chapter 395 Texas Local Government
Code, allows for the establishment of pro rata fees for reimbursement of costs associated with the
extension of water or sewer mains or lines by the City• and
WHEREAS, rt is m the best interest of developers as well as the City of Fort Worth to
allow for the establishment of lot and acreage fees and pro rata fees to recoup some of the costs
incurred for the extension of water mains
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH.
Section 1
Chapter 35 Water and Sewers, of the Code of the City of Fort Worth (1986), as
amended, is hereby further amended by changing the title of Division 3 of Article III to be and
read as `Sewer Per Acre Charges"
Section 2.
Chapter 35 Water and Sewers, of the Code of the City of Fort Worth (1986), as
amended, is hereby further amended by adding a new Division 4 to Article III, `WATER MAIN
CAPACITY CHARGES which shall be and read as follows.
DIVISION 4. WATER MAIN CAPACITY CHARGES
Sec. 35-87 Purpose.
The purpose of this ordinance is to allow developers and the City to recover a
portion of the costs incurred that are associated with the construction of water
mains that meet the criteria contained m this division.
Sec 35-88. Definitions.
(a) Approach water main is the portion of a newly constructed water main
from an existing main to the closest outer perimeter of a proposed
development.
(b) `City initiated approach water main shall mean any approach water main
constructed by the City regardless of the size or length of the pipe
constructed.
(c) `City participation shall mean the portion of the construction cost that the
City reimburses a developer under the Policy for the Installation of
Community Facilities. City participation includes the cost for over-sizing
the developer initiated approach water main.
(d) `Development cost" shall mean.
(i) the cost incurred by the City related to either a City initiated
approach water main or the City Participation costs in a Developer
initiated approach water main, which costs are based upon the
costs contained m the contracts awarded for the construction of the
water main, regardless of the final cost and may include design and
easement acquisition costs, including any costs and legal fees
associated with condemnation of any easement;
(ii) the cost incurred by a developer related to the construction of a
developer initiated approach water main based solely on the cost
of the contracts awarded for the construction of such water main,
without regard to the final cost and may include design and
reasonable easement acquisition costs, but excludes any legal and
real estate agent fees and other condemnation expenses.
(iii) or both.
(e) `Developer's development cost percentage shall mean the development
cost incurred by the developer divided by the development cost, expressed
as a percentage.
MGD HARGE ORDINANCE
(f) `Developer initiated approach water mam shall mean any approach water
mam constructed by the developer that is sixteen inches (16") or greater
and at least one mile m length.
(g) `Maximum day demand" shall mean the water demand based on total
projected capita of the development at the maximum day design criteria.
The calculation of the maximum day demand is contained in the most
current version of the City's `Policy and Procedure for Processing Water
and Wastewater Projects for Design and Construction For most normal
uses, the maximum day demand shall be based on the previous known
annual average usage multiplied by the maximum day peaking factor
(h) `Other development" shall mean a property that connects directly to the
approach water main to which there is a Water Main Capacity Charge as a
sole source of water supply to the property It includes property that
connects indirectly to other water mains that connect to the approach
water main to which there is a Water Mam Capacity Charge as a sole
source of water supply to the property If the property is connected to
another existing water main for a dual source of water supply for the
purpose of water system looping and not for the demand needs of the
property then the property is not considered as other development" This
is determined by the comprehensive water study submitted for review
(i) `Water Main Capacity Charge shall mean a charge based on one million
gallons per day (MGD) of maximum day demand generated by a
development.
(j) `Proposed development" shall mean the property for which service is
being requested that requires the construction of the Developer initiated
approach water main. The proposed development must be delineated on a
concept plan or a preliminary plat (if a concept plan is not required) that
has been filed with the City's development department.
Sec. 35-89 Developer's Responsibility
It is the developer's responsibility to provide all necessary information to be used
to determine if a Water Mam Capacity Charge is appropriate for any given
project.
Sec 35-90 Adoption of an ordinance.
The City Council shall adopt an ordinance prior to the collection of the Water
Mam Capacity Charge assessed by this Division for each specific water mam.
Nothing contained herein requires the City Council to adopt such an ordinance,
such adoption being m the sole discretion of the City Council.
MGD HARGE ORDINANCE
Sec. 35-91 Assumptions to be used to calculate maximum day demand.
Water Demand Table
Density Average Daily Maximum Day
Demand Peak Factor
Single 3.5 people/umt 215 gpcd 2.5
Family or
(Attached or 18 people/acre
Detached
Multi Family 52 people/acre 180 gpcd 2.5
Commercial 10 people/acre 180 gpcd 2.0
Schools Use Average Size Elementary-30 2 0
for Type in School gpcd
District Middle - 35 gpcd
High School - 40
cd
If the domestic annual average demand of the commercial, industrial or other
development is unknown during platting, the Single Family density of 18 people per acre
and an average daily demand of 215 gallons per capita per day (gpcd) with a maximum
day peak factor of 2.25 shall be used.
Sec 35-92. Calculation of the Water Main Capacity Charge.
For approach water mains constructed under a developer initiated or City initiated
approach water main project, the Water Main Capacity Charge shall be calculated
as follows
(a) Development cost shall be determined consistent with the definitions
contained in Sec 35-88
(b) For a developer initiated approach water main, the developer is
responsible for providing all information, studies and exhibits that may be
reasonably requested by the City For a City initiated approach water
main, the City's consultant engineer shall provide any necessary exhibits
as requested by the City
(c) The Water Main Capacity Charge is calculated by dividing the
Development cost by the water pipe capacity The water pipe capacity is
determined m accordance with the most current version of the City's
`Policy and Procedure for Processing Water and Wastewater Projects for
Design and Construction using a coefficient of roughness of 120 The
MGD CHARGE ORDINANCE
maximum pipe capacity will be based on a pipe friction loss of 7 feet per
thousand feet length pipe or water velocity of 7 feet per second, which
ever is more conservative. See table below
Maximum Design Capacity for Water Mains (16" to 54 '1
Water
Mam Size LD Pipe Velocity
ftlsec Pipe Faction
Loss ft/1000ft Capacity
MGD
16" 543 70 4.9
20" 5.21 7 0 8 8
24 7 O1 7 0 14.2
30" 7 00 5.37 22.2
36" 7 00 4.33 32 0
42" 7 00 3 64 43.5
48" 7 00 14 56 8
54 7 00 2.'72 72.0
Sec. 35-93 Assessment and payment of the Water Main Capacity Charge
refund to a developer and city administration.
(a) The Water Department shall be responsible for the collection, refund, and
maintenance of the Water Main Capacity Charge collected.
(b) A Water Mam Capacity Charge shall be assessed each plat that meets the
definition of `Other development" A boundary area shall be determined
for the purpose of assessment review The boundary shall be used as a
guideline, not as a defimhve boundary for service area due to the
possibility of varying lots sizes that may be proposed. If a plat meets the
definition of `Other development" then the plat will be assessed the Per
MGD Charge even though the plat may be located adjacent to within,
and/or outside the boundary area.
(c) To determine a boundary area, the assumption of 1 MGD serving 137
acres will be used. This assumption is based upon 1 acre containing 4.3
units of houses. To calculate the boundary area, multiply the pipe capacity
m MGD under Sec. 35-92(c) by 137 acres. To convert the area to square
footage, multiple the area by 43,560 Then, divide the total area m square
footage by the total length of pipe extended m feet to determine the width
of the boundary area m feet. To determine the distance on each side of the
pipe, divide the width by two
(d) The payment of the Water Main Capacity Charge assessed hereunder shall
be paid prior to the filing of final plat.
MGD CHARGE ORDINANCE
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(e) For developer initiated approach water main projects, the developer shall
make a written request for refund during each November following the
City's final acceptance of the developer mrt~ated approach water mam
project. No further refunds shall be made following one year after the date
that the Water Main Capacity Charge was collected by the City It is the
responsibility of the developer requesting the refund to prove their
eligibility to receive the refund due In the event the developer fails to
request a refund of the Water Main Capacity Charge within 6 months after
the expiration of the eligibility to receive funds, such un-refunded Water
Main Capacity Charge will become the property of the City
(f) Refunds shall be collected for a period of 10 years. If the developer has
not recovered its share of the development costs, the developer may
request that the city continue to collect the Water Mam Capacity charge
for an additional 10 years. Such request shall be made in writing to the
director of the Water Department and shall be mailed at least 60 days prior
to the expiration of the first 10-year period for collecting charges.
(g) Collection of the Water Main Capacity charge shall cease when the
developer has recovered its share of the Development Cost or a period of
10 years (or 20 years if extended as provided for above), whichever occurs
first.
(h) The amount of refund due to the developer each year shall be the assessed
Water Main Capacity Charge collected that year multiplied by the
`Developer's development cost percentage The remaining portion of the
amount collected that year shall be retained by the city as an offset against
the development cost incurred by the city
(i) Refunds shall be paid to the developer during the month of December
following the November written requests for refunds
(j) The City will recover the City Development Cost for City initiated
approach water mam projects or City Participation in a developer initiated
approach water mam. The City's collection time will cease when City
Development Cost has been fully reimbursed.
SECTION 4.
Article IV Reserved, of Chapter 35 Water and Waters, is amended to provide for
reserved sections of 35-93 through and inclusive of 35-130
SECTION 5.
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
MGD CHARGE ORDINANCE
m direct conflict wrth the provisions of such ordinance and such Code, m which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
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 remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation m this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
Assistant C Attorney
Adopted. .tune 79 2007
MGD CHARGE ORDINANCE
City of Fort Worth, Texas
Mayor and Council Communication
~......_. __..,.. .. ..... _ ~ ... ... ,. ~ ___._..E
COUNCIL ACTION Approved on 6/19/2007 Ord #17623-06-2007
DATE Tuesday June 19 2007
LOG NAME 60PER ACRE
REFERENCE NO G-15764
SUBJECT
Adopt an Ordinance Amending Chapter 35 `Water and Sewers Article III by the Addition of
Division IV Establishing Water Main Capacity Charges
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached ordinance to establish Water Main Capacity Charges for certain water mains to
reimburse developers and the City of Fort Worth and
2. Amend the Policy for the Installation of Community Facilities, Section III `Water and Sanitary Sewer
Installation Policy" to incorporate the charges.
DISCUSSION
Texas Senate Bill 243 (effective September 1 2001) amended the Texas Local Government Code to allow
the City to assess charges to reimburse costs for off-site water main extensions Currently when the City or
a developer installs a large water main there is no charge for connection to that main by subsequent
development. A 'per acre charge is already in place for large sanitary sewer mains
The attached ordinance will amend Chapter 35 `Water and Sewers Article III by the addition of Division IV
to be entitled 'Water Main Capacity Charges It also establishes definitions guidelines, criteria
calculation assessment and refund procedures to govern Water Main Capacity Charges for developer and
City projects
The proposed ordinance allows.
Developers and the City to recover costs incurred from installing offsite water mains
Assessments to be collected from other developers connecting to the offsite water mains and
Maximum reimbursement time periods to be ten years for developer-initiated projects The developer
may request an additional ten-year extension
The criteria used to establish Water Main Capacity Charges for developer projects include
The off-site water main size is at least 16 inches in diameter and
The extension is at least one mile
The proposed Water Main Capacity Charge will be calculated by dividing the total cost of the project by the
maximum water pipe capacity The maximum water pipe capacity is determined in accordance with current
City policy governing design of water and sewer mains
The Water Department presented this proposed ordinance to the Development Advisory Committee and the
Logname 60PER ACRE Page 1 of 2
Infrastructure Transportation Committee Positive responses were received from both committees.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers FROM Fund/AccountlCenters
Submitted for City Manager's Office by Marc Ott (8476)
Originating Department Head S Frank Crumb (8207)
Additional Information Contact: S Frank Crumb (8207)
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