HomeMy WebLinkAbout(0037) Ordinance_Haywire Ranch_30-Inch_WS3_WMCC (3).PDFORDINANCE No.
AN ORDINANCE ADOPTING A WATER MAIN
CAPACITY CHARGE PURSUANT TO SECTION 35-90 OF
THE CITY CODE FOR A DEVELOPER INITIATED 30-
INCH WESTSIDE III WATER MAIN TO SERVE LIVE
OAK CREEK PHASE 5 AND SURROUNDING AREAS,
LOCATED AT THE INTERSECTION OF HAYWIRE
RANCH RD AND WAX MYRTLE TRAIL; 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, 351 Development, LLC, hereinafter referred to as "Developer", has
initiated construction of a water main to serve the Live Oak Creek Phase 5 (former Haywire
Ranch) development located at the intersection Haywire Ranch Rd and Wax Myrtle Trail;
and
WHEREAS, City of Fort Worth Water Department cost participated to upsize the
water main to a 30-inch in diameter water transmission main 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 Developer has initiated construction of a water main to serve Live
Oak Creek Phase 5, located at the intersection of Haywire Ranch Rd and Wax Myrtle Trail.
The City cost participated to upsize the water main 30-inches in diameter to serve
surrounding areas.
SECTION 2.
The City Council finds that $327,972.94 is the cost to construct the Developer
initiated 30-inch diameter water transmission main. Therefore, $15,798.28 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 City of Fort Worth Water Department shall be $209,236.94.
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: