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Res 17-18 Amending the Wholesale Contract with the City of Fort Worth for Impact Fees TOWN OF WESTLAKE RESOLUTION NO. 17-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMNEDING THE WHOLESALE WATER CONTRACT WITH THE CITY OF FORT WORTH AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort Worth; and WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS,the Town Council find that the proposed wholesale water contract amendment is in conformance with the requirements set forth in the current wholesale contract; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the amendment to the Fort Worth wholesale contract, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-18 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH,2017. ATTEST: Laura Wheat, Mayor f r! 6F�5 r i e ✓ `"'4+.f id-' I /. �L" Pf 7 '`�s' Kell 'Edward` , Town Secretary Thomas E. Bryme To n Manager t4 OF A APPROV ,A TO F ,� x L. on Lo y, n torney �FXA s Resolution 17-18 Page 2 of 2 ORDINANCE NO. 22525-12-2016 AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWERS", OF THE CODE OF THE CITY OF FORT WORTH (2015) AS AMENDED, BY AMENDING ARTICLE III "CHARGES", DIVISION 2 "WATER AND WASTEWATER IMPACT FEES", EXHIBIT A, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(a); AMENDING EXHIBIT B, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(b); AMENDING SCHEDULE 1, INCORPORATED BY REFERENCE INTO SECTIONS 35-70.3(a), 35-73(a) and 35-78(a); AMENDING SCHEDULE 2, INCORPORATED BY REFERENCE INTO SECTION 35-70.3(b), 35-73(b) and 35-78(b); AMENDING EXHIBIT C, INCORPORATED BY REFERENCE INTO SECTION 35-71(a); AMENDING EXHIBIT D, INCORPORATED BY REFERENCE INTO SECTION 35-72(a); AMENDING EXHIBIT E, INCORPORATED BY REFERENCE INTO SECTION 35-76(a); AMENDING EXHIBIT F, INCORPORATED BY REFERENCE INTO SECTION 35-77(a); MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 395.052(a) of Chapter 395 of the Texas Local Government Code requires the City to review and update its current Land Use Assumptions, Capital Improvements Plans and Impact Fees related to water and wastewater facilities at least every five (5) years; and WHEREAS, in January of 2016, the City began the process to amend the Land Use Assumptions, Capital Improvements Plans and Impact Fees in compliance with the statutory requirements of Chapter 395; and WHEREAS, the Capital Improvement Advisory Committee, established pursuant to Section 395.058 of Chapter 395, convened on April 14, June 8, July 7, August 15, September 14 and October 5, 2016 to discuss and review the Capital Improvement costs eligible to be included in the Impact Fee calculations, credit calculation methodology and Ordinance No.22525-12-2016 Res 17-18 Page 1 of 10 to review and approve the Land Use Assumptions, Capital Improvements Plans and Maximum Assessable Impact Fees; and to make a recommendation on the Impact Fees the City Council should adopt for collection; and WHEREAS on October 12, 2016, the City made available to the public, copies of the proposed amended Land Use Assumptions and Capital Improvements Plans related to water and wastewater facilities and impact fees; and WHEREAS, as required by Section 395.050 of the Texas Local Government Code, the Capital Improvement Advisory Committee approved the Land Use Assumptions, Capital Improvements Plans and Maximum Assessable Water and Wastewater Impact Fees per service unit and submitted its written comments on the proposed amendments to the City Council on November 1, 2016; and WHEREAS, the Capital Improvement Advisory Committee recommends adoption of 40% of the Maximum Assessable per service unit established by the Land Use Assumptions and Capital Improvements Plans report which equates to $1,758 and $1,044, respectively, with an annual phase-in of$627 per equivalent unit over three (3) years to reach the 40%; and WHEREAS, as required by Section 395.054 of the Texas Local Government Code, the City Council conducted a public hearing to discuss the proposed amendments to the Land Use Assumptions, Capital Improvements Plans and Impact Fees on November 15, 2016, to be adopted by ordinance within thirty (30) days following the public hearing; and Ordinance No. 22525-12-2016 Res 17-18 Page 2 of 10 WHEREAS, by the adoption of this ordinance, the City Council approves the amendments to the Land Use Assumptions and Capital Improvements Plans; and establishes the new Maximum Assessable Impact Fees and the schedule(s) of the amount of such Maximum Assessable Impact Fees to be collected upon issuance of a building permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. Part 11 of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-70.2(a), Exhibit A, "Land Use Assumptions for Water", incorporated by reference, is hereby amended to be as shown on Exhibit A, attached hereto. SECTION 2. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-70.2(b), Exhibit B, "Land Use Assumptions for Wastewater", incorporated by reference is hereby amended to be as shown on Exhibit B, attached hereto. SECTION 3. Part 11 of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Sections 35-70.3(a), 35-73(a) and 35-78(a) Schedule 1 incorporated by reference is hereby amended to establish the new Maximum Assessable Impact Fees for Water and Wastewater for all plats recorded on or after April 1, 2017 as shown on the amended Schedule 1 attached hereto. Ordinance No.22525-12-2016 Res 17-18 Page 3 of 10 SECTION 4. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Sections 35-70.3(b), 35-73(b) and 35-78(b) Schedule 2, incorporated by reference is hereby amended to show the discounted amount of the Maximum Assessable Impact Fees, established in Section 3, for all plats recorded on or after April 1, 2017 and, to be effective and collected at the time a building permit is issued by the schedules described and attached hereto: • Schedule 2A shall be the discounted amount of the Maximum Assessable Impact Fees to be effective and collected for all building permits issued on or after April 1, 2017 but before April 1, 2018 and shall be titled "Collected Impact Fee for Water and Wastewater Schedule—Year I". • Schedule 213 shall be the discounted amount of the Maximum Assessable Impact Fees to be effective and collected for all building permits issued on or after April 1, 2018 but before April 1, 2019, and shall be titled "Collected Impact Fee for Water and Wastewater Schedule—Year 2". • Schedule 2C shall be the discounted amount of the Maximum Assessable Impact Fees to be effective and collected for all building permits issued on or after April 1, 2019 until the adoption of new Impact Fees by the City Council in compliance with Chapter 395 of the Texas Local Government Code, and shall be titled "Collected Impact Fee for Water and Wastewater Schedule—Year 3". SECTION 5. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-71(a), Exhibit C, "Water Benefit Area", incorporated by reference, is hereby amended to be as shown on Exhibit C, attached hereto. Ordinance No.22525-12-2016 Res 17-18 Page 4 of 10 SECTION 6. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-72(a), Exhibit D, "Water Capital Improvements Plan", incorporated by reference, is hereby amended to be as shown on Exhibit D, attached hereto. SECTION 7. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-76(a), Exhibit E, "Wastewater Benefit Area", incorporated by reference, is hereby amended to be as shown on Exhibit E, attached hereto. SECTION 8. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-77(a), Exhibit F, "Wastewater Capital Improvements Plan", incorporated by reference, is hereby amended to be as shown on Exhibit F, attached hereto. SECTION 9. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 "Water and Sewers", Article III "Charges", Division 2 "Water and Wastewater Impact Fees", Section 35-70.5(b)(1), "Computation and Collection of Impact Fee", is hereby amended to be as follows: The amount of each Impact Fee due shall be determined by multiplying the number of service units generated by the new development by the Impact Fee due per service unit for the benefit area using the schedule then in effect. Ordinance No. 22525-12-2016 Res 17-18 Page 5 of 10 SECTION 10. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), 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 11. 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 section 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 12. This ordinance shall be effective on April 1, 2017. APPROVED AS TO FORM AND LEGALITY: GAA Christ , . Lopez-R &olds, Mary Kayse Sr. Assistant City Attorney City Secretary ADOPTED: December 6, 2016 Ordinance No.22525-12-2016 Res 17-18 Page 6 of 10 SCHEDULE1 MAXIMUM ASSESSABLE IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE For all Plats Recorded on or after April 1, 2017 METER SIZE EQUIVALENCY WATER WASTEWATER FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $4,395 $2,609 3/4" 3/4" x 3/4" 1.50 $6,593 $3,914 1" 2.50 $10,988 $6,523 1-1/2" 5.00 $21,975 $13,045 2" 8.00 $35,160 $20,872 3" 21.75 $95,591 $56,746 4" 37.50 $164,813 $97,838 6" 80.00 $351,600 $208,720 8" 140.00 $615,300 $365,260 10" 210.00 $922,950 $547,890 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Ordinance No.22525-12-2016 Res 17-18 Page 7 of 10 SCHEDULE 2A THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE — YEAR 1 Effective for all Building Permits issued on or after April 1, 2017, but before April 1, 2018 METER SIZE EQUIVALENCY WATER WASTEWATER FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $971 $577 3/4" 3/4" x 3/4" 1.50 $1,457 $865 1" 2.50 $2,428 $1,442 1-1/2" 5.00 $4,857 $2,883 2" 8.00 $7,771 $4,613 3" 21.75 $21,127 $12,542 4" 37.50 $36,426 $21,624 6" 80.00 $77,709 $46,131 8" 140.00 $135,991 $80,729 10" 210.00 $203,987 $121,093 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Ordinance No.22525-12-2016 Res 17-18 Page 8 of 10 SCHEDULE M THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE — YEAR 2 Effective for all Building Permits issued on or after April 1, 2018, but before April 1, 2019 METER SIZE EQUIVALENCY WATER WASTEWATER FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $1,365 $810 3/4" 3/4" x 3/4" 1.50 $2,047 $1,215 1" 2.50 $3,412 $2,025 1-1/2" 5.00 $6,824 $4,051 2" 8.00 $10,918 $6,482 3" 21.75 $29,685 $17,622 4" 37.50 $51,180 $30,382 6" 80.00 $109,185 $64,815 8" 140.00 $191,073 $113,427 10" 210.00 $286,610 $170,140 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Ordinance No.22525-12-2016 Res 17-18 Page 9 of 10 SCHEDULE 2C THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE — YEAR 3 Effective for all Building Permits issued on or after April 1, 2019 METER SIZE EQUIVALENCY WATER WASTEWATER FACTOR IMPACT FEE IMPACT FEE 5/8" x 5/8" and 5/8" x 1.00 $1,758 $1,044 3/4" 3/4" x 3/4" 1.50 $2,637 $1,566 1" 2.50 $4,396 $2,609 1-1/2" 5.00 $8,791 $5,219 2" 8.00 $14,066 $8,350 3" 21.75 $38,242 $22,702 4" 37.50 $65,934 $39,141 6" 80.00 $140,660 $83,500 8" 140.00 $246,155 $146,125 10" 210.00 $369,233 $219,187 Referenced in Section 35-70.3(a), 35-73(a)and 35-78(a) Ordinance No.22525-12-2016 Res 17-18 Page 10 of 10