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HomeMy WebLinkAbout2020/12/01-Attachments-Ordinance_30-Inch_NS2_Along_SH-170_WMCC.PDFORDINANCE No. AN ORDINANCE ADOPTING A WATER MAIN CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF THE CITY CODE FOR CITY INITIATED 30-INCH NORTHSIDE II WATER MAIN TO SERVE IDENTIFIED WHOLESALE CUSTOMER CITIES AND SURROUNDING AREAS, LOCATED AT THE INTERSECTION OF ALLIANCE GATEWAY FWY AND NORTH BEACH ST; 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 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 developers wishing to connect to the offsite water mains; and WHEREAS, The City has initiated construction of a 30-inch water main to serve the wholesale customers of Trophy Club Municipal Utility District and the City of Westlake, and; WHEREAS, the 30-inch transmission main will serve City of Fort Worth surrounding areas, located at the intersection of Alliance Gateway Freeway and North Beach St., within the Northside II pressure plane boundary. 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 III, Division 4, Sections 35-87 through 35-93, that the City has initiated construction of a water transmission main to serve Trophy Club Municipal Utility District, the City of Westlake, Winner LLC., and surrounding areas, located at the intersection of Alliance Gateway Freeway and North Beach St., and that such City initiated water transmission main is 30-inches in diameter. SECTION 2. The City Council finds that $6,881,909.09 is the City cost participation to construct the City initiated water transmission main. Therefore, $331,498.51 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. 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. SECTION 4. 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 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: Christa R. Lopez -Reynolds Sr. Assistant City Attorney ADOPTED: