HomeMy WebLinkAbout(0017) Ordinance_Palmilla Springs_16-Inch_WS3_WMCC.PDFORDINANCE No.
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A DEVELOPER INITIATED 16-
INCH WESTSIDE III WATER MAIN TO SERVE
PALMILLA SPRINGS AND SURROUNDING AREAS,
LOCATED AT THE INTERSECTION OF CHAPIN RD AND
CHAPEL CREEK BLVD; 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, Jabez Development, L.P., Uplift Education, and HMH Palmilla
Springs Development, Inc., hereinafter referred to as "Developers", have incrementally
constructed water frontage main extensions, to serve the Palmilla Springs and adjacent
developments located at the intersection Chapin Rd and Chapel Creek Blvd; and
WHEREAS, City of Fort Worth Water Department cost participated to upsize the
incremental water frontage main extensions to 16-inches in diameter to serve surrounding
areas within the Westside III pressure plane.
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 Developers have initiated incremental construction of a water
frontage main to serve Palmilla Springs and adjacent developments, located at the
intersection of Chapin Rd and Chapel Creek Blvd. The City cost participated to upsize the
frontage main extension to 16-inches in diameter to serve surrounding areas.
SECTION 2.
The City Council finds that $718,081.71 is the City cost participation to construct
the Developer initiated 16-inch diameter water frontage main extensions. Therefore,
$147,753.44 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. The
maximum reimbursable amount to the Fort Worth Water Department is $280,733.93.
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: