0841ORDINANCE NO. 841
AN ORDINANCE AUTHORIZING THE COLLECTION OF
WHOLESALE SYSTEM ACCESS FEES FOR EACH NEW OR
ENLARGED CONNECTION FOR WATER SERVICE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Consti~tion and Chapter 9 of the Local Government Code;
and
WHEREAS, on September 4, 2002, the City of Southlake entered into an agreement with the City of Fort
Worth, City Secretary Contract No. 27958 (the "Wholesale Water Contract"), to provide water service to citizens of
the City of Southlake; and
WHEREAS, Section 16 of the Wholesale Water Contract provides that the City of Southlake shall pay to
Fort Worth a V~nolesale System Access Fee for each new or enlarged connection for water service made within the
City's service area and served by the City of Fort Worth; and
WHEREAS, the City of Fort Worth has adopted and imposed a new schedule of Wholesale System Access
Fees effective June 5, 1999 as shown in the attached Exhibit "A"; and
WHEREAS, the city council of the City of Southlake desires to provide for the collection of Wholesale
System Access Fees for each new or enlarged connection for water service in accordance with Exhibit "A'.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
WHOLESALE SYSTEM ACCESS FEES
The City of Southlake hereby adopts the Wholesale System Access Fees set forth in the attached Exhibit
"A" and authorizes the collection of such Wholesale System Access Fees for each new or enlarged connection for
water service made within the City's water service area a~er the effective date of this ordinance. The Wholesale
System Access Fees shall be in addition to any other applicable fees for water improvements and service adopted by
the City.
SECTION 2.
PAYMENT OF FEES
No water tap shall be issued until payment of such Wholesale System Access Fee is received by the City,
except as provided otherwise by contract.
Page l
SECTION 3.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, 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the conflicting provisions of such ordinances are hereby repealed.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 4.
SEVERAB[LIT¥ CLAUSE
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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such tmconstitutionality 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 5.
SAVINGS CLAUSE
All rights and remedies of thc City of Southlake are expressly saved as to any and all violations of the Code
of Ordinances of the City of Southlake, as amended, or any other ordinances affecting fees which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in couri or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the conrts.
SECTION 6.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
201}~.
1
ATTEST:
Page 2
PASSED AND APPROVED ON SECOND READING ON THIS C~'~_ DAY OF
APPROVED AS TO FORM AND LEGALITY:
L
Citp"At~orney
~3'e : 3-18'05
£~Pe~Sve: 3- 7- 0.:~
ATTEST:
CITY SECRETAR'~
Page 3
EXHIBIT A
Wholesale System Access Fees
Collection Schedule
~Meter Size EquivaLent Factor / Fees
¼" 1.00 $ 372.05
__1" 1.67 $ 621.32
1-1/2" 3.33 $ 1,238.93-
2" 5.33 $ 1,983.03
3" 10.00 $ 3,720.50
4" 16.67 $ 6,202.07
__ 6" 33.33 $ 12,400.43
8" 53.33 ~ $19,841.43
10" 76.67 $ 28,525.07
Page 4
dal
e State of Texas
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared KAREN D.
WILLIAMS.Bid & Legal Coordinator for the Star-Telegram, published by Star-Telegram, Inc. At Fort
Worth, in Tarrant County, Texas and distributed in other surrounding Counties; and who, after being
duly sworn, did depose and say that the following clipping of an advertisement was published in the
above named paper on the following dates:
CUSTOMER ID: CIT57 DESCRIPTION:
CITY OF SOUTH LAKE
INVOICE DATE: 3/7/03
INVOICE 22492920
SALES REP: JANICE GREGORY D E C [E Q Y
NUMBER NONE
PUBLICATION DATES: 3/7/03-3/9/03
O ICE OF C TY. TARY
INVOICE AMOUNT $ 27.54
Signed: (Ak..
Subscribed and sworn to before me, this the 11 Day of MARCH
2003
Notary Public
Tarrant County, Texas
Karen Williams
STAR TELEGRAM BIDS AND LEGALS
PHONE: (817) 390-7182 44":4\ CHRISTY L.HOLLAND
::( ;. MY COMMISSION EXPIRES
ADDRESS: STAR TELEGRAM :,' JULY 31,200a
400 WEST 7TH STREET
FORT WORTH ,TX 76102
-GE #1 AD IS ATTACHED ON PAGE #2
� 1
PAGE # 2
INVOICE : 22492920 3/7/03-3/9/03
PASTE AD HERE
CITY OF—SOUTH-
LAKE
ORDINANCE NO.
841
AN ORDINANCE AU-
THORIZING THE
COLLECTION OF
WHOLESALE SYS-
TEM ACCESS FEES
FOR EACH NEW OR
ENLARGED CON-
NECTION FOR WA-
PROVIDING TERERTHAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES:
PROVIDING A SEV-
ERABILITY CLAUSE.
PROVIDING A SAV-
INGS CLAUSE; ANC
PROVIDING AN EF-
FECTIVE DATE.
PASSED AND AP-
PROVED THIS THE
4TH DAY OF
MARCH, 2003,
DURING THE REG-
ULAR CITY COUN-
CIL MEETING.
MAYOR: Rick Stacy
ATTEST: Lori Farwell,
City Secretary