WATER MAIN CAPACITY CHARGES

Fort Worth City Code ch. 35, art. III, div. 4

in effect

Fort Worth City Code § 35-87 PURPOSE.

§ 35-87 PURPOSE. The purpose of this division 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 in this division. (Ord. 17623, § 2, passed 6-19-2007)

Fort Worth City Code § 35-88 DEFINITIONS.

§ 35-88 DEFINITIONS. For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section. APPROACH WATER MAIN. The portion of a newly constructed water main from an existing main to the closest outer perimeter of a proposed development. CITY-INITIATED APPROACH WATER MAIN. Any approach water main constructed by the city, regardless of the size or length of the pipe constructed. CITY PARTICIPATION. 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. DEVELOPMENT COST. (1) 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 in 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; (2) 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; or (3) Both. DEVELOPER’S DEVELOPMENT COST PERCENTAGE. The development cost incurred by the developer divided by the development cost, expressed as a percentage. DEVELOPER-INITIATED APPROACH WATER MAIN. Any approach water main constructed by the developer with city participation, regardless of the length and size of the pipe. FRONTAGE MAIN. The portion of the sanitary sewer or water main located within the frontage of the developing property. FRONTAGE MAIN ELIGIBILITY. Frontage main eligibility may only occur when the property's frontage main is shared with another property on the opposing side of the street right-of-way to the developer's property that is owned by a separate landowner not affiliated with the developer. MAXIMUM DAY DEMAND. 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. OTHER DEVELOPMENT. 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 main 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. PROPOSED DEVELOPMENT. 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. WATER MAIN CAPACITY CHARGE. A charge based on 1,000,000 gallons per day (MGD) of maximum day demand generated by a development. (Ord. 17623, § 2, passed 6-19-2007; Ord. 21251-05-2014, § 3, passed 5-20-2014; Ord. 23708-06-2019, § 5, passed 6-25-2019)

Fort Worth City Code § 35-89 DEVELOPER’S RESPONSIBILITY.

§ 35-89 DEVELOPER’S RESPONSIBILITY. It is the developer’s responsibility to provide all necessary information to be used to determine if a water main capacity charge is appropriate for any given project. (Ord. 17623, § 2, passed 6-19-2007)

Fort Worth City Code § 35-90 ADOPTION OF AN ORDINANCE.

§ 35-90 ADOPTION OF AN ORDINANCE. The city council shall adopt an ordinance prior to the collection of the water main capacity charge assessed by this division for each specific water main. Nothing contained herein requires the city council to adopt such an ordinance, such adoption being in the sole discretion of the city council. (Ord. 17623, § 2, passed 6-19-2007)

Fort Worth City Code § 35-91 ASSUMPTIONS TO BE USED TO CALCULATE MAXIMUM DAY DEMAND.

§ 35-91 ASSUMPTIONS TO BE USED TO CALCULATE MAXIMUM DAY DEMAND. | Density | Average Daily Demand | Maximum Day Peak Factor Single-family (attached or detached) | 3.5 people/unit or 14 people/acre | 200 gpcd | 2.25 Multifamily | 2.5 people/unit or 52 people/acre | 180 gpcd | 2.25 Commercial | 1 person per 400 SF or 14 people/acre | 50 gpcd | 2.25 Schools | 60 - 75 students per acre | Elementary-30 gpcd | 2.25 Middle - 35 gpcd High school - 40 gpcd If the domestic annual average demand of the commercial, industrial or other development is unknown during platting, the single-family density of 14 people per acre and an average daily demand of 200 gallons per capita per day (GPCD) with a maximum day peak factor of two and twenty-five hundredths shall be used. (Ord. 17623, § 2, passed 6-19-2007; Ord. 23708-06-2019, § 6, passed 6-25-2019)

Fort Worth City Code § 35-92 CALCULATION OF THE WATER MAIN CAPACITY CHARGE.

§ 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 § 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) For a developer-initiated approach water main that the city has cost participated to over-size the approach water main, the city shall be responsible for providing calculated basin area, together with any necessary exhibits on water mains that have city cost participation for over-sizing the developer-initiated approach water main. (d) For a developer-initiated frontage water main that the city has cost participated to oversize, the water main capacity charge calculation shall be based on the delta MGD capacity of over-sizing the developer-initiated approach water main. (e) Developer maybe eligible to recoup costs associated with installation of a frontage water main under a front foot charge if applicable to language described above in the Frontage Main Eligibility definition. Refer to Chapter 35 Water and Sewers, Article III, Charges, Division 1, § 35-58 Assessment of Front Footage Charges for Service Connection, of the City Code for more information. (f) The water main capacity charge is calculated by dividing the development cost by the water pipe’s net capacity. The water pipe’s net capacity is determined in accordance with the most current version if the city’s Policy and Procedure for Processing Water and Wastewater Projects for Design and Construction, using a coefficient of roughness of 120. The maximum pipe capacity will be based on a pipe friction loss of seven feet per 1,000 feet length of pipe or water velocity of seven feet per second, whichever is more conservative. The net pipe capacity is equal to the maximum pipe capacity subtract the minimum residential fire flow. Currently the minimum residential fire flow per Fort Worth fire department is 1.44 MGD, which may change with future adoption of the International Fire Code. See a table below for net capacity based on pipe size. Maximum Design Capacity for Water Mains (12 in. to 54 in.) Water Main Size (I.D.) | Pipe Velocity (ft./sec.) | Pipe Friction Loss(ft./1,000 ft.) | Maximum Capacity (MGD) | Net Capacity(MGD) 12 in. | 3.55 | 7.00 | 2.3 | 0.86 16 in. | 5.43 | 7.0 | 4.9 | 4.86 24 in. | 7.00 | 7.00 | 14.2 | 12.76 30 in. | 7.00 | 5.37 | 22.2 | 20.76 36 in. | 7.00 | 4.33 | 32.0 | 30.56 Maximum Design Capacity for Water Mains (16 in. to 54 in.) Water Main Size (I.D.) | Pipe Velocity (ft./sec.) | Pipe Friction Loss(ft./1,000 ft.) | Maximum Capacity (MGD) | Net Capacity(MGD) 42 in. | 7.00 | 3.64 | 43.5 | 42.06 48 in. | 7.00 | 3.14 | 56.8 | 55.36 54 in. | 7.00 | 2.72 | 72.0 | 70.56 (Ord. 17623, § 2, passed 6-19-2007; Ord. 21251-05-2014, § 4, passed 5-20-2014; Ord. 23708-06-2019, § 7, passed 6-25-2019)

Fort Worth City Code § 35-93 ASSESSMENT AND PAYMENT OF THE WATER MAIN CAPACITY CHARGE; REFUND TO A DEVELOPER AND CITY; ADMINISTRATION.

§ 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 main 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 definitive 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 MDG 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 one MGD serving 137 acres will be used. This assumption is based upon one acre containing four and three tenths units of houses. To calculate the boundary area, multiply the pipe capacity in MGD under § 35-92(c) by 137 acres. To convert the area to square footage, multiple the area by 43,560. Then, divide the total area in square footage by the total length of pipe extended in feet to determine the width of the boundary area in feet. To determine the distance on each side of the pipe, divide the width by two. Pressure plane boundaries, adjacent city limits, extra territorial jurisdictions, and CCN boundaries may be utilized to refine the proposed WMCC boundary area. (d) The payment of the water main capacity charge assessed hereunder shall be paid prior to the filing of final plat. (e) A four percent (4%) annual cost adjustment shall be added to each prescribed water main capacity charge. The annual cost adjustment increase shall be assessed on January 1st of each year. (f) A water main capacity charge will be assessed for a period of 20 years, commencing on the date that the city accepts the water main. (g) Collections and reimbursements of a water main capacity charge will cease when the developer has been fully reimbursed or the time period for assessment of the water main capacity charge has lapsed, whichever occurs first. (h) Reimbursement shall be made solely from the water main capacity charge collected by the city during the period that the water main capacity charge is assessed for the water service line connections and point of connections to the approach water main. (i) Any assignment of the water main capacity charge must be approved by the water department director prior to the execution of the assignment. (j) Existing community facilities agreements with mains, or other facilities, eligible for water main capacity charge collections will continue under the policy that was in effect at the time the agreement was executed. (k) The reimbursement limit, together with the project number, date construction was completed, permanent record number of the water main, limits of portion of the water main upon which a water main capacity charge is collectible, and name of the entity entitled to the refund shall be documented by the city. (l) Upon written request by the developer during the month of November, reimbursements will be made annually during the last two months of the calendar year from which water main capacity charges were paid to the city. (m) It is the responsibility of the developer/landowner requesting the refund to prove their eligibility to receive the reimbursement due. (n) In the event the developer/single customer property owner fails to request a reimbursement on a water main capacity charge within six months after the expiration of the eligibility to receive funds, such un-reimbursed charges shall become the property of the city. (o) 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. (p) The city will recover the city development cost for city-initiated approach water main projects or city participation in a developer-initiated approach water main. The city's collection time will cease when city development cost has been fully reimbursed. (Ord. 17623, § 2, passed 6-19-2007; Ord. 23708-06-2019, § 8, passed 6-25-2019; Ord. 26623-12-2023, § 4, passed 12-12-2023, eff. 1-1-2024)

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-32286Fetched: 10/26/2026