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Home My WebLink AboutContract 18589 rtri its ETV E NT y - Kt>'- -R.�'�.�.'AS r �.a`$E 4 h,--. At b- day y'-t�' Mj ,•F `�� 7 b C-1-1---y. +-i Worth L � x`.51, �t� 'S..�h+ Ma'� � �i _ ��}„S_ �.F. '� �...'.� ).r tE L:F}„ Z;n.E (Fort- Wo-yth) and City of Halta-m t nUwF :. a e into : 4krkAJer : agre a t 3 sa w being C i,,-� of Fort , $ CA •y Sew x� K5 c< nt"r a m No- 15708, w4he reby Fort t Wor°th agreed uo- t. sa._tren t-c- Customer? an-Rd WHEREAS, Fort Worth and t..`uC;tmmer drasire t-o a`.maia ad said City y f Now, therefore, the City of Fort Worth and the City of Haltom �o Subs ct- on 1.26 t�f Section I of City of Fort o--t h', Cite Secre%..ary Contract _No. 15708 is here air-ended, and aft-er having been so armended sha'Ll- be and read as -J-ollows: 26 olesall System`; Access Feuer A capit.a_ contributio-n fu- ,ndi-na or- recouping the cost-s of General Benefit Facilities Capital u sRk Vii. - is 1>�= Wit * �` s ` ain attributable "Co new? development, � 2 . n I C°JE City Of Fort Worth City SeQz,etary Con r:a.c t Pla, and read as follows: '112-5 Eap.1-tal imp-rovementta means wav of the following IE-ac l_ l t ia-s wh =:�h provide- services acid be ef- s commoin to all cus.1--o tez� `i f and that have a life more years, whether such capita? are 10cated within the jurisdictional APAS of Fort Wbrth or CusZomar2 wastewater treatment v.a 6 t ' facilitie5f control systems Murtenances, and K! na"JOr c0lleotorz and interceptors that are eight= inch 8 1 .41BRIand. greater diameter and lift stati nssg if any, Assoc iatez,r, Section I (Of MY Secretary Contract 1,Tc , 15708 is heireby amended by adding . i be _s road follows: .11z 30 Facility ExPansion Tie expar4sion the capacity of an existing facility that serves the same AnCtion as an othOwise, �ecassax3l new capital issqp-R:overijewit in order that �he existing fawilitY may serve new devejopment. The z _Ot include the repair, Mainten4nce, modernization, or an expansion of an ixistin(j facijjtjx to better serve existing development. n Secretary% C Y of or Worth City Con r€ct r s amended by s bst ¢;ut .rte } 8 j 3 2 f t s i ! = u such substitution, sectivn 23 of city secretary contract w imos she! be and read as follows: "28, Wholesale System e A`..,'ceso Fees "28. 1 Chi a spaarterly basis, customer agrees wo pay to rart Wortb a SystGra I'mccess Fee for each new or enlarged connection for wastewater service made? within Customer's service area served by the General Benefit capital fanijities of the port Worth System. The Wholesale l G y r Access Feet to Customer such carne §ion shall be eased }upon the sire of mater -4ter and steep be qual to the Wholesale System Acces Fee collected for the same size water metes made within the jurisdiction of Fort The calculation of said Wholesale System Acoess Fee shall be consistent with all applicable state and federal regulations, including Chapter 395, Texas Local Governments Code, or Ky amendment or uodesnor statute 'thereto, and shall include only those costs associated with Genarzl Benefit facility expansions and capit-al improvements ' necessary to provide ser'vice to new development. Nothing within this cantract shall be deemed 'to press i Ather Forte orth or Customer from chef ring thaeir own retail customers impact ?Kees in excess of the Who e s€:3 e Access Fee provided for herein-, 08.2 Fort Worth agrees that all mon e-s E er," t{ iadd to it ur saant othis Section Will be, p lsaced -a r x separate interest bearing Account to pay only for the cost, of constructing capital i °�1'v�?rise 'F facility d3 ?Is as pelmdlit.-Ated y :'d=nax'ar 3,9 5, `` Kam:- -;L � '�€,_ cagf�. _€ or ? aNendmeht thereto, , or ¢ .3 � j < .z..drib ry M_,.....- statute -.....,-r t. [ and will not t 4.i used Mr wporstion E16 once Ya o' such� funds and S all Es . �� z gx earned thereon will M considered a "Contributlan" for rate setting purposes only. A28. 3 customer shall provide to Fort Worth such infornatiOn that x-eiates to the making of Dew c-Uld/Or er-z.large-1 wits the "n its i ur isdict,ion :-,s may be requested 13Y till �r.a``i:..ewt0r a incl"ding but not limited to building Permits, with each quazte 12 raVvired in this secVOM 028. 4 Neither Fort Worth nor customer shall waive MY &Pact fee due from a retail customer for a new or enlarged c annectiOn tO its respective system within its Yrisdicti0n- Howevez, evither Fort 'fo'.1orth or customer may paiv SUCkh impact ,wee . c - the fund required for paying for the capital &PrO ve t "28�5- The Ya stewa er system`s Advisory CcOmsitelc' created pursuant to section 29 hereof shall select find (5) Of its members er to a subcammitt6e to M known as the customer impact Fee Committee (clop . Every Ares ear beginning June, Fort worth will update at the land use assumptions and Opita a improvemants plan upon t1he Wholesale S ste Access wags ar, yam W"In isa A6 1992 and every hree years there after; the WIFC a hall submit a list Of fi" ,qualified engineers or planning consultants to he Director. The Ditectoh sal seject a consultant frog€. such Ast to assist Fort wortli im developing land Ilse ass"Pt"A" "ant'"Ing "Pita I ® � a q plans - , fees, he ;Zn��} SEl$ t shall be kesMhsibie to. Fort Wortia and its s 4 ��2 : . �..L..a..�.:�_�'--Y� �.a advisory f'ot' I it z,.,e`:=, but Mail ..._5'=o report ,i the- -.NI - K., �m � l z `�-. d,:fi�a�:.. {Eir ��Et�� td...ya`��.3.�__s".:rnt shc ?.v be :_es:._ma`>z, a =ys'<<rs;. Coot in the eL eIt the bk Fi fails to submit _ list of five t .n to Fort manner described herein. "28. 6 Fort Worth agrees that only those capital improvements as defined in section 1 b 2 9 �,eof shall be included in the capital improvements plan for the purpose of determining Wholesale Systfe)ffil Access Fees pF"avided,-, however, Fort; Worth may include other capital improvements for he purpose of determining impact fees to its 0-ter. r,-tail Customers. Fort Worth shall not be- re-quired to include de all capital improvements n any capital improvements plan. The 8 I •t... shall be responsible for working ki L�g'•-: Y i 40h Fort Worth and its consultant to determine the capital improvements to be included in the 4:a .Qai L tS o�t of any Wholesale SS3 eE Access Fees. ? e C t C shall 4 Advisory capita! improvements should -be included in the calculation of MY Wholesale System Access Nees. The CIFC sba l also meet with Fort worth's citizen advisory committee as such d t i n's advisory Committee reviews and-considers land use assumptioM4 the `ap tal j . ro e,rue is plan and impact fees; 9 � r` 1@:E. `( �r for €. 4w lie �idfxzp ion 'Of and _ ".Dr{.; 'k«� �u�:=�.,,:-��?,Y i �^ capita.], improvements plan, or ac6ss fees by Fo t. Wrth, capital improvement plan or Coati cess fees at least 30 ays- prior fa any s,,chedu4led he in; -t7..,b 3-eon. 26,- s�,�°r eea•is'i>6`.-�.d access fee ado'�'*.�te r. . pursuant F� a a updated capital i e:s i :i;""r laa Fas plan shall not take effect for a period of at least ninety (90) days after adoption by Fort Worth. `C _8 Each year Fort TPorth shal.]. provide it-o tlhv-� Nl-aalesjralt Wastewater Advisory Committee an audited financial statement of the, Fort Worth Water Departmentis records. "28.9 For the period of Mime, froqm the, date of executicnn& hereof until June 5, 1993, Customer agrees to pay to Part Wholesale Wastewater Access Fees per new nn ction bases upon the size of he ;. to meter, such fees to be e uaL l to or less han those amounts seq. forte in Exhibit "A" attached hereto aD4 it qc pcy ited bervin for all intents a n urpos . The actual wholcFnie System Access Fee to be pald by custoner shall ba determined by the City council of Fort Worth. After June 19 93, Customer agrees -to pay access Fees in such amounts z may be determined in the tanner provided in this Section 28. 15 "28VIO Fort Worth and Customer agree that he W thado_ ogy for the cialculation of Molesale System Ancess3 'fees required Vereia7_ shall be oonsistent with-the methodology prescribe& by 'C'11apter 395, Texas Lora Government Code, or Any amendment or su Q s or statute thereto. In the event that such statutory methodology is amendeg .[ or replaced by- a new Statute, the 'Wholesale Wastewater F§bv so`.'y committee may ehgagcy legal counsel to work with Fort Wors-1-1h -to propose amendments to this contract to uonform it to Kch ,amendmant tar ra=w tatla e. `he reasonable cost of hu h legal counsel shall Ac - u.. t z z ' All Misr terms a)nd ci SacretarY COntrawt M 15703 not xPanded hereby are unaftected and continue in full for"Ce and effect, IN WITNESS WHEREOF, the parties- hex%at,--�, ftesve- ca--used t-I• ka agreement to be executed by their respective officers thereunto duly authorized ATTEST: CQf OF FORT My Secretary City Manager APPIROVED AS TO FORM AND LEGALITY: y Ail Date:---- C-ity At 1 Nay ATTEST: CITY OF MAMM CITY P My say Fetary UIPROVED AS TO F 0 M AND LEGALITY: ty f Date., 64 cwnl'n�,m Auuwwiz Date 7