HomeMy WebLinkAbout(0020) Ordinance_Ventana_24-inch_WS3_WMCCv2crl (2).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 WESTSIDE III WATER TRANSMISSION MAIN TO
SERVE VENTANA DEVELOPMENT AND
SURROUNDING AREAS, LOCATED AT 5206 LONGVUE
AVE; 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, PB Ventana 1, LLC, hereinafter referred to as "Developer", is
constructing a water transmission main, a water recirculation main, ground storage tank,
and pump station, to serve the Ventana Development located at 5206 Longvue Ave; and
WHEREAS, the Developer constructed the ground storage tank and pump station
to serve portions of the Ventana Development that lie within the Westside IV pressure
plane; and
WHEREAS, City of Fort Worth Water Department cost participated to construct
the water recirculation main as well as upsize the water transmission main from 16-inch
diameter pipe to 24-inches in diameter.
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 transmission main
and water recirculation main to serve the Ventana Development and surrounding areas,
located at 5206 Longvue Ave. The City cost participated to construct the water
recirculation main and to upsize the water transmission main to 24-inches in diameter.
SECTION 2.
The City Council finds that qualified costs to install the water recirculation main
and 24-inch water transmission main is $1,244,555.27. Therefore, $97,535.72 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 30% and to the City of Fort Worth Water Department shall be 70%.
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 of the City
Code.
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: