Loading...
HomeMy WebLinkAboutContract 18577CITY SECRET CONTRACT Nos AGREEMENT WHEREAS, on the 6th day of July, 1989, the City of Fort Worth (Fort Worth) and the City of Westover Hills, (Customer), entered into an agreement, same being City of Fort Worth City Secretary Contract No. 17214 whereby Fort Worth agreed to provide water treatment to Customer; and WHEREAS, Fort Worth and Customer desire to amend said City of Fort Worth City Secretary Contract No. 17214, Now, therefore, the City of Fort Worth and the City of Westover Hills, hereby agree as follows: 1. Subsection 1.15 of Section 1 of City of Fort Worth City Secretary Contract No. 17214 is hereby amended, and after having been so amended shall be and read as follows: "1.15 Wholesale System Access Fee - A capital contribution funding or recouping the costs of General Benefit Facilities capital improvements or General Benefit Facilities facility expansions necessitated by and attributable to new development." 2. Section 1 of City of Fort Worth City Secretary Contract No. 17214 is hereby amended by adding subsection 1.18, which shall be and read as follows: "1.18 Capital improvements means any of the following facilities which provide utilit3'fFFit services and benefits common to all customer CITY and that have a life expectancy of three or more years, whether such capital improvements are located within the jurisdictional limits of Fort Worth or Customer: water treatment facilities, metering facilities, control systems and appurtenances, storage facilities, pumping facilities and all mains that are sixteen inches (16") and greater in diameter." 3. Section 1 of City of Fort Worth City Secretary Contract No. 17214 is hereby amended by adding subsection 1.19, which shall be and read as follows: "1.19 Facility Expansion - The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or an expansion of an existing facility to better serve existing development." 4. City of Fort Worth City Secretary Contract No. 17214 is hereby amended by substituting the following for Section 16, and after 2 OFFWAL CITY FT. WM, maintenance expenses. Once expended, such funds and all interest earned thereon will be considered a "contribution" for rate setting purposes only. "16.3 Customer shall provide to Fort Worth such information that relates to the making of new and/or enlarged connections within its jurisdiction as may be requested by the Director, including but not limited to building permits, with each quarterly payment required in this section. "16.4 Neither Fort Worth nor Customer shall forgive or credit any impact fee due from new or enlarged connections to its respective system within its jurisdiction. However, either Fort Worth or Customer may pay such impact fee into the fund required for paying for the capital improvements. "16.5 The Water System Advisory Committee created pursuant to Section 29 hereof shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee Committee (CIFC). Every three years, beginning June, 1992, the CIFC shall submit a list of five qualified engineers or planning consultants to the Director. The Director shall select a consultant from such list to assist Fort Worth in developing land use assumptions, identifying capital improvements, and formulating capital improvement plans and access fees. The consultant shall be responsible to Fort Worth and its citizen's advisory committee, but shall also report to the CIFC. The cost of the consultant shall be deemed a System Cost. In the event the CIFC fails to 4 Li LI I j L R`:,, J R11 Y��•�a�ie4 @2 CITY SECRETARY FT. WORTH, TEX. I submit a list of five consultants to Fort Worth, Fort Worth shall select a consultant to perform in the manner described herein. "16.6 Fort Worth agrees that only those capital improvements as defined in section 1.18 hereof shall be included in the capital improvements plan for the purpose of determining Wholesale System Access Fees; provided however, Fort Worth may include other capital improvements for the purpose of determining impact fees to its own retail customers. Fort Worth shall not be required to include all capital improvements in any capital improvements plan. The CIFC shall be responsible for working with Fort Worth and its consultant to determine the capital improvements to be included in the calculation of any Wholesale System Access Fees. The CIFC shall recommend to the Water System Advisory Committee which capital improvements should be included in the calculation of any Wholesale System Access Fees. The CIFC shall also meet with Fort Worth's citizen advisory committee as such citizen's advisory committee reviews and considers land use assumptions, the capital improvements plan and impact fees. "16.7 Prior to the adoption of any land use assumptions, capital improvements, or access fees, the CIFC shall be furnished a copy of the proposed capital improvement plan or fees at least 30 days prior to any scheduled hearing thereon. "16.8 Each year Fort Worth shall provide to the Wholesale Water Advisory Committee an audited financial statement of the Fort Worth Water Department's records. 5 "16.9 For the period of time from January 1, 1991 until June 5, 1993, Customer agrees to pay to Fort Worth the water access fees per new connection based upon Exhibit "A" attached hereto and incorporated herein for purposes and intents. After June 5, 1993, Customer agrees to pay access fees in such amounts as may be determined in the manner provided elsewhere herein. "16.10 Fort Worth and Customer agree that the methodology for the calculation of access fees required herein is consistent with the methodology prescribed by Chapter 395, Texas Local Government Code. In the event that such statutory methodology is amended or replaced by a new statute, the Wholesale Water Advisory Committee may engage legal counsel to work with Fort Worth to propose amendments to this contract to conform it to such amendment or new statute. The reasonable cost of such legal counsel shall be system cost." 5. All other terms and conditions of City of Fort Worth City Secretary Contract No. 17214 not amended hereby are unaffected and continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized. CTY 6 FT. 1d'ulIcyro. ATTEST: CITY OF FORWORTH City Secretary APPROVED AS TO FORM AND LEGALITY: City Att•i'ney ATTEST: APPROVED AS TO FORM AND LEGALITY: By: City Manager Date: CITY OF WESTOVEHILLS By: ayor Date: //— / 7 6— /c2 3C, Contraot Authorization 9/ Date OFFICIAL RECO tII • FT. WORR EXHIBIT "A" I. Wholesale System Access fee schedule to be collected, effective January 1, 1991. METER EQUIVALENCY WATER ACCESS SIZE FACTOR FEE 3/4" 1 $ 251.70 1" 1.75 440.48 1 1/2" 4 1,006.80 2" 7 1,761.90 3" 16 4,027.20 4" 28 7,047.60 6" 64 16,108.80 8" 100 25,170.00 10" 150 37,755.00 II. Wholesale System Access Fee schedule to be collected,g effective October 1, 1991. METER EQUIVALENCY WATER ACCESS SIZE FACTOR FEE 3/4" 1 $ 293.65 1" 1.75 513.89 1 1/2" 4 1,174.60 2" 7 2,055.55 3" 16 4,698.40 4" 28 8,222.20 6" 64 18,793.60 8" 100 29,365.00 10" 150 44,047.50 III. Wholesale System Access Fee schedule to be collected, effective October 1, 1992 until June 5, 1993. METER SIZE 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" 10" EQUIVALENCY FACTOR WATER ACCESS FEE 1 $ 335.60 1.75 587.30 4 1,342.40 7 2,349.20 16 5,369.60 28 9,396.80 64 21,478.40 100 33,500.00 150 50,340.00 8 OFFICIAL RECORD CITY HUMP FT. WORTH, TEX. I WATER I Jan. Oct. Oct. DATE 1, 1991-Sept' 30, 1, 1991-Sept. 30, 1, 1992-Sept' 30, WASTEWATER SCHEDULE 2 (ORDINANCE 10601) 1991 1992 1992 3o% of max 40% of max 50% of max SCHEDULE 2 (ORDINANCE 10601) June 5, 1990-Sept' 30, 1991 $161 (Approx. 12.5% of maw) Oct. 1, 1991-Sept' 30, 1992 Oct. 1, 1992-Sept- 30, 1993 PROPOSED WHOLESALE IMPACT FEE 3o% of max 35% of max 40% of max (10/1/92-6/5/93) PROPOSED WHOLESALE IMPACT FEE $161 35% of max 40% of max •'n�:ILR FILL•1. CCOUNTING•2 RA,NSPORTATION/PUBLIC WORK$.' ,<fER ADMINIC,7 RAMayor and Council COflIflIUflICItIOfl idczy, ATE REF &E NUMBERLOG AMt 07/02/91 **C-12936 60WHOLE SUBJECT City of Fort Worth, Texas PAGE 1 of 2 CONTRACT AMENDMENT TO THE WHOLESALE WATER AND WASTEWATER AGREEMENTS AND AMENDMENT TO CITY ORDINANCE NO. 10601, REVISING THE IMPACT FEE COLLECTION SCHEDULE RECOMMENDATION: It is recommended that 1. The City Council approve the contract amendment revising the wholesale water and wastewater contracts concerning impact fees, and. 2. Amend Ordinance 10601, revising the impact fee collection schedule and Section 1.10(a) deleting the phrase "whichever comes first." DISCUSSION: On June 5, 1990 the City Council adopted Ordinance 10601 establishing water and wastewater impact fees and amending Chapter 35 of the Code of Fort Worth. The ordinance also included Schedule 1 and Schedule 2 for assessment and collection of impact fees. Under the ordinance a new development in Fort Worth is assessed at the time of final platting using Schedule 1 and pays the fee at the time a building permit is approved using the fees established in Schedule 2. The wholesale water and wastewater contracts include provisions for charging wholesale customers a fee equal to the charge imposed for the same size and/or type of connection made within the jurisdiction of Fort Worth. The amount of the fee is tied to Schedule 2 of the Fort Worth impact fee ordinance. On September 6, 1990 the Tarrant County Mayor's Council, City of Forest Hill, City of Hurst, City of Keller, City of North Richland Hills and City of Edgecliff Village jointly filed a lawsuit against the City of Fort Worth seeking to invalidate Fort Worth Ordinance 10601 and the section of their contracts concerning access fees. City Council directed staff to negotiate with representatives from the wholesale customers. A settlement agreement was reached and approved by the Tarrant County Mayor's Council and each wholesale customer has signed a contract amendment. The major changes included in the contract amendment include: o amending or adding definitions for the terms wholesale system access fee, capital improvement and facility expansion; fi o allowing either the wholesale customer or Fort Worth to charge impact fees in excess of the wholesale system access fee; o establishing a separate interest bearing account which is audited annually; ' City of Fort Worth, Texas Mayor and Council Communication DATE 07/02/91 REFERENCE NUMBER **C-12936 LOG NAME 60WHOLE PAGE 2 of 2 SUBJECT CONTRACT AMENDMENT TO THE WHOLESALE WATER AND WASTEWATER AGREEMENTS AND AMENDMENT TO CITY ORDINANCE NO. 10601, REVISING THE IMPACT FEE COLLECTION SCHEDULE o creation of a wholesale advisory committee which assists in the selection of a consultant to assist Fort Worth in developing land use assumptions, identifying capital improvements and formulations of access fees every three years; o an exhibit detailing the maximum wholesale system access fee amount effective until June 5, 1993. The revision of the wholesale system access fee establishes fee collection schedules which are different from those contained in Schedule 2. The collection schedule for the water impact fee was set at 30% of the maximum assessable for January 1, 1991 to September 30, 1991, 40% of the maximum assessable for October 1, 1991 to September 30, 1992 and 50% of the maximum assessable for October 1, 1992 to September 30, 1993. The wastewater impact fee was established at $161 for a 3/4" meter, or approximately 12.5% of the maximum assessable effective for the date of the ordinance through September 30, 1991. No fee was established for wastewater beyond that date. The wholesale water contract amendment reduces the collection schedule percentages after September 30, 1991 to 35% of the maximum assessable for October 1, 1991 to _September 30, 1992 and 40% of the maximum assessable from October 1, 1992 until June 5, 1993. MG:t Adopted Ordinance i''iJ,/5e/17/ Submitted for City Manager's Office by: Mike Groomer 6140 FUND -j ACCOUNT I CENTER AMOUNT (to) Originating Department Head: Richard Sawey 8207 (from) For Additional Information Contact: Richard Sawey 8207 A CITY COUNCIL JUL 2 1991 City Secretary of the City of Fort Worth, Texas 0 Printed on recycled paper