HomeMy WebLinkAbout(0056) Ordinance_McKelvey-Cole_24-Inch_NS2_WMCCcrl2.PDFORDINANCE No.
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 TO
SERVE MCKELVEY-COLE DEVELOPMENTS,
LOCATED AT THE INTERSECTION OF FM 156 AND
INTERMODAL PARKWAY; 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, Forestar (USA) Real Estate Group, Inc., hereinafter referred to as
"Developer", is constructing a 24-inch water transmission main, located at the intersection
of FM 156 and Intermodal Parkway; and
WHEREAS, the Developer constructed the 24-inch water transmission main to
serve their developments along FM 156 and State Highway 114 that lie within the
Northside II pressure plane; and
WHEREAS, the City of Fort Worth Water Department did not cost participate to
construct the 24-inch water transmission main; and
WHEREAS, the purpose of this ordinance is to recover costs from properties not
associated with the developer which are currently or previously within the City's
extraterritorial jurisdiction along FM 156, as shown in attached Exhibit A.
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 Developer has initiated construction 12,500 linear feet of 24-inch
diameter water transmission main to serve McKelvey -Cole Developments, located at the
intersection of FM 156 and Intermodal Parkway.
SECTION 2.
The City Council finds that qualified costs to install the 24-inch water transmission
main is $2,740,319.00. Therefore, $214,758.54 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. The percentage of the water main capacity charge to be
collected that will be eligible to be reimbursed to the Developer shall be 100%.
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: