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O626ORDINANCE NO. 626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS IMPOSING FORT WORTH WATER AND WASTEWATER SYSTEM FACILITY ACCESS FEES ON NEW DEVELOPMENT WITHIN THE CITY OF KENNEDALE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in accordance with state law, the City Council of the City of Kennedale has previously adopted impact fees to finance new development demands for water and wastewater facilities; and WHEREAS, the City of Kennedale previously entered into wholesale water and wastewater contracts with the City of Fort Worth to provide water and wastewater services to the City of Kennedale; and WHEREAS, the wholesale water and wastewater contracts with Fort Worth require that the City of Kennedale pass through Fort Worth water and wastewater system facility access fees (impact fees) to the customers in Kennedale; and WHEREAS, pursuant to Section 23 -262 of the Kennedale City Code, the City of Kennedale assesses water and wastewater system facility access fees imposed by Fort Worth in addition to the water and wastewater impact fees assessed by the City of Kennedale; and WHEREAS, Fort Worth has adopted revised water and wastewater system facility access fees for new development occurring after April 1, 2017; April 1, 2018; and April 1, 2019; and WHEREAS, the City Council of the City of Kennedale now deems it advisable and in the public interest to impose the increased water and wastewater system facility access fees adopted by the City of Fort Worth. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IENNEDALE, TEXAS: SECTION 1. The system facility access fees imposed upon the City of Kennedale by the City of Fort Worth for providing water and wastewater service to new development contained within the incorporated city limits of Kennedale and to which service is provided either directly or indirectly by the City of Fort Worth water and wastewater systems shall be assessed against new development occurring after April 1, 2017 within the City of Kennedale in accordance with Schedules 2A, 213, and 2C attached to this ordinance. These system facility access fees shall be in addition to applicable impact fees assessed by the City of Kennedale. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 invalid or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON THIS 17" DAY OF APRIL, 2017. APPROVED: Brian Johnso i, Mayor ATTEST: a`0 o�y aOF'fC�NN � °e r Leslie Galloway, City Secretary �� o V�,: ••.Fp r, .mm APPROVED AS TO FORM AND LEGALITY: ° °PBJS O UN, %% a s�� Wayne K. Olson, City Attorney SCHEDULE2A 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 FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8" x 5/8" and 5/8" x 3/4" 1.00 $971 $577 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 SCHEDULE 2B 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 FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8" x 5/8" and 5/8" x 3/4" 1.00 $1,365 $810 3/4" x 3/4" 1.50 $2,047 $1,215 V 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 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 FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8" x 5/8" and 5/8" x 3/4" 1.00 $1,758 $1,044 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