Ordinance 1994-1155 - Laserfiche WebLink

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ORDINANCE NO. 1155 SERIES 1994 AN ORDINANCE CONCERNING WATER TAP AND CAPITAL IMPROVEMENT FEES. WHEREAS, pursuant to its authority under state law, the City has prescribed certain water tap fees and certain capital improvement fees which are codified in the Louisville Municipal Code; and WHEREAS, the City Council hereby finds and determines the necessity of establishing, constructing and improving the City'S major thoroughfares, arterials and related facilities for the benefit of and in order to safeguard the health, safety and welfare of the City and its inhabitants; and WHEREAS, the City Council hereby finds and determines the necessity of providing and maintaining water service and water system improvements for the benefit of and in order to safeguard the health, safety and welfare of the City and its inhabitants; and WHEREAS, the City and Homart Development Company, nka HD Delaware Properties, Inc. ("Homart"), are parties to an Amended and Restated Development Agreement, as amended ("Development Agreement"), dated April 17, 1984, relating to, among other things, the rezoning of land generally known as Centennial Valley, the approval and implementation of a Development Plan for said land, and the scheduling and construction of public improvements including major thoroughfares and water system facilities; and WHEREAS, under the terms of the Development Agreement, as amended, the parties agreed that certain amounts paid by Homart to the City for necessary water utility improvements and certain amounts expended by Homart for the construction of street improvements would be recoverable by Homart; and WHEREAS, as a means of providing revenue for constructing the necessary public improvements, the parties to the Development Agreement agreed that the City water tap fee and major thoroughfare fee (now a part of the City capital improvement fee) would be increased and agreed that such recoveries would be based on such an increase in said fees in an amount of up to four hundred fifty dollars per water tap and per permit for new residential construction respectively; and WHEREAS, in response to such agreement, Ordinance No. 827, adopted June 5, 1984, increased the tap fee for residential units by four hundred fifty dollars, and Ordinance No. 828, adopted June 5, 1984, increased the major thoroughfare fee by four hundred fifty dollars; and