HomeMy WebLinkAboutOrdinance 9805ORDINANCE No. ~~T~~''
AN ORDINANCE AMENDING CHAPTF:R 37, "WATER AND SEWER", OF
THE CITY CODE OF THE CITY 03? FORT WORTH, AS AMENDED, BY
PROVIDING FOR AND ESTABLISHING WATER AND WASTEWATER SYSTEM
FACILITY ACCESS FEES; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES; REPEALING i~LL ORDINANCES AND PROVISIONS
OF THE CODE OF THE CITY OF ;FORT WORTH IN CONFLICT HERE-
WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth, Texas
deems it necessary and proper and in the best interests of the
citizens of Fort Worth to promotes the safe, orderly and healthful
development of land; and
WHEREAS, the continued substantial economic growth within the
region has placed and continues to place an increased burden on the
City's water and wastewater facilities; and
WHEREAS, the City Council of the City of Fort Worth must strive
to provide long-range solutions to the water and wastewater needs of
the citizens of the City of Fort Worth in accordance with the City's
Master Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
That Chapter 37 of the Code of the City of~ Fort Worth is hereby
amended by adding Section 37-26.2., entitled "Water and Wastewater
System Facility Access Fees", and shall be as follows:
SECT ]: ON 1 .
DE F IN IT ION S
When used in this section, these terms shall be defined as
follows:
"BUILDING PERMIT": A permit application required by the
City for the construction of any new dwelling or building.
"CITY11 : City of Fort Worth, Texas.
"COMMERCIAL": Any customer served by a single meter or
meters that is engaged in any type of business, except the
processing, fabrication, or manufacturing of any goods or
products and any type of dwelling unit.
11COMMERCIAL-MULTIPLE UNIT": Any customer that has a single
meter or meters serving more than one business per meter
and/or three or more dwelling units per meter.
°1DIRECTOR": The Director of the Water Department of the
City of Fort Worth, or his authorized representative.
"GENERAL BENEFIT FACILITY": Water and/or wastewater facil-
ities that provide utility services and benefits common to
all customers of the respective utility; for the water
utility, this includes all transmission and distribution
mains sixteen inches (16") and greater in diameter, all
pump stations, all raw water facilities, water treatment
plants, control systems and appurtenances, and all storage
facilities; for the wastewater utility, this includes
wastewater treatment plants, control systems and appurte-
nances, and all major collectors and interceptors that are
eighteen inches (18") and greater in diameter.
"INDUSTRIAL°' : Any customer ticerved by one or more water
meters that is primarily engaged in the fabrication,
processing , or manuf actor ing of any goods or product .
"INITIAL WATER SERVICE": They first water service to be
provided at a specific property location.
°t IN ITIAL WASTEWATER SERVICE": The first wastewater service
to be provided at a specific ~~roperty location.
"LIVING AREA": The enclosed area of a dwelling that does
not include garages, carports, and outside patios or
porches.
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"METER°': A device that measures the quantity of water
used. The types of meters used herein are those described
in the American Water Works Association C700 through C703
and M6 Standards.
"PUBLIC UTILITY" : Any person, firm, corporation, coopera-
tive corporation, or any combination of these persons or
entities including a munici;~al corporation, water supply
or sewer service corporation, or other political sub-
division of the state, or their leasees, trustees, and
receivers, owning or operating for compensation equipment
or facilities for the provision of potable water to the
public or for the collection and treatment of sewage for
the public, but does not include any person or corporation
not otherwise a public utility that furnishes the services
only to itself or its employees or tenants as an incident
of that employee's service or tenancy when that service is
not resold to or used by othE~rs.
"RESIDENTIAL": Any customer living in a dwelling having
the necessary living facilities for one unit that is
served by a single water meter. This class also includes a
duplex dwelling where no mop°e than two living units are
supplied water through a single meter.
"YARD METER ADJUSTMENT": The amount of credit granted to a
customer who installs a yard meter simultaneously with, or
subsequent to, the initial water service.
"YARD METER": Any meter serving an irrigation system only.
SECT ION 2.
SYSTEM FACILITY ACCESS FEE
No person, firm, corporation or other entity shall be entitled
to initial water and/or wastewater utility service until payment of
the applicable Water and Wastewater System Facility Access Fee has
been made. The fee is due and payable to the Fort Worth Water
Department upon the request for the issuance of a building permit,
which permit shall not be issued until the fee has been paid. In the
event a building permit is issued without the fee being paid, City
shall have the right to withhold water and/or wastewater service
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until payment of the fee is made, the responsibility for such
payment remaining in the name in which the building permit was
originally issued.
A.
SECT ION 3 .
SCHEDULE OF FEES
The System Facility Access Fees for the Residential Class
using a simple 5/8 X 3/4 inch meter shall be those as set
out in Table I below.
Living Area
(sq. ft.)
Under 1000
1001-1200
1201-1400
1401-1600
1601-1800
1801-2000
Over 2000
TABLE I
Water System
Access Fee
330
383
435
488
540
593
646
Wastewater System
Access Fee
67
78
89
100
111
122
132
B. The System Facility Access Fees for all other customer
classes and the Residential Class using a simple meter
larger than the 5/8 X 3/4 inch meter shall be those as set
out in Table II below.
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TABLE II
~,
WASTEWATER System Facility Access Fee
---METER SIZE---
5/8 1 1-1/2 2 3
Customer Class X 3/4" Inch Inch Inch Inch
Residential See Tbl I $ 247 $ 494 $ 790 $ 1,482
Commercial $ 319 798 1,596 2,553 4,787
Comm. Multi-Unit 584 1,461 2,921 4,674 8,763
Industrial 1,792 4,481 8,962 14,340 26,887
WATER System Facility Access Fee
---METER SIZ E---
5/8 1 1-1/2 2 3
Customer Class X 3/4" Inch Inch Inch Inch
Residential See Tbl I $1,?_12 $ 2,423 $ 3,877 $ 7,270
Commercial $ 832 2,080 4,160 6,656 12,480
Comm. Multi-Unit 1,183 2,958 5,915 9,464 17,745
Industrial 3,915 9,788 19,577 31,323 58,730
Yard Meters 1,064 2,660 5,320 8,512 15,960
Yard Meter
Adjustment 261 652 1,304 2,086 3,911
C. The System Facility Access Fee for other types and sizes
of meters shall be those as shown in Table III. The water
or wastewater fee shall be the equivalent meter factor
times the respective fee for the 5/8 X 3/4 inch meter.
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TABLE III.
Meter Size and Type
3/4 inch Simple
2 inch Compound
2 inch Turbine
3 inch Compound
3 inch Turbine
4 inch Compound
4 inch Turbine
6 inch Compound
6 inch Turbine
8 inch Compound
8 inch Turbine
10 inch Compound
10 inch Turbine
12 inch T urbine
Equivalent Meter Factor
1.5
8
10
16
24
25
42
50
92
80
160
115
250
330
SECTION 4.
YARD METERS
When a separate yard meter is installed at the same time as the
potable water service, the total System Access Fee required to be
paid shall be the appropriate yard meter fee plus the difference
between the water system fee for the appropriate meter size and
customer class and the yard meter adjustment for the appropriate
size and class of the yard meter to be installed. When a separate
yard meter is installed subsequent to potable water service, the
customer shall pay the appropriate yard meter fee less the
appropriate yard meter adjustment.
SECT ION 5 .
FIRE PROTECTION SERVICE
No System Facility Access Fee will be required for services
used solely for fire protection. If the City determines that there
is water use for non-fire protection purposes, the Director shall
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notify in writing the customer, who shall then be required to pay
the appropriate System Access Fee for the size line and install the
requisite meter within thirty (30) days from date of such notice.
Failure to pay such fee or ~o remove and/or correct the non-fire
protection usage, shall entitle City to terminate services to such
customer.
SECTION 6 .
PRIVATE AND PUBLIC FACILITIES
If any property within or without the City's corporate limits
utilizes a water well, a septic tank, or an individual waste
disposal system and the property owner requests to be connected to
the City's water or wastewater utility system, the customer shall be
assessed the fee established by this ordinance before the property
is connected to the City's water or wastewater utility system.
Should the property owner request only a wastewater connection while
retaining a private well, the appropriate fee to be assessed will be
determined by the Director of the Water Department.
A System Facility Access Fee will not be assessed to any prop-
erty which is receiving service from a water supply and/or a waste-
water treatment plant owned by a public utility when such public
utility is acquired by the City and connected into the City's water
and/or wastewater utility system. However, if the acquired facil-
ities are of only one type (either water or wastewater), the prop-
erty owner shall pay the fee for the type of service not acquired by
the City if the property owner requests such non-acquired service.
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SECTION 7 .
CLARIFICATIONS AND DETERMINATIONS
Where a question arises as to the classification of a custo-
mer's service class, the Director shall make the determination in
accordance with the existing City Code as of the date the question
arises. Any customer shall have the right to request in writing from
the Director an interpretation or clarification of the basis upon
which a system facility access fee was assessed.
SECTION 8.
INCREASING SIZE OF METER
If a customer requests an increase in meter size to an existing
service, the customer shall pay the fee difference between the new
level of service and the existing level of service as set out in
Section 2 hereof. The additional fee shall be paid prior to the
installation of the enlarged meter service.
A request for additional sewer connections for improved prop-
erty shall not result in the assessment of an additional System
Facility Access Fee so long as no increase in the size of the water
meter is made.
SECTION 9 .
DEDICATED FUNDS
All System Facility Access Fees, together with all interest
derived therefrom, that are generated by this Ordinance shall be
deposited into a dedicated fund account for the respective type of
service, such funds to be used solely for the financing of the
construction, design, inspection, and other related expenses of
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~.
general benefit water capital improvement projects or general bene-
fit wastewater capital improvement projects.
SECTION 10.
No System Facility Access Fee shall be assessed an application
for initial water service or initial wastewater service provided:
1. -Such application for the initial meter installation is
presented to the City prior to the effective date of this
Ordinance; and
2. The application for a building permit fee for the same
property as the initial service application is presented
to the City within twelve (12) months from the effective
date of this Ordinance.
E CT ION 1 1 .
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964), as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 1 2 .
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
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jurisdiction, such unconstitutionality 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 13.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption of this
Ordinance in the minutes of the City Council and by filing the
ordinance in the ordinance records of the City.
SECTION 14.
This ordinance shall be in full force and effect April 1, 1987
and it is so ordained.
APPROVED AS TO FORA'i AND LEGALITY
City Attorney
Date:
ADOPTED : .~-
EFFECTIVE:
ord 2
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ACCOUNTlNQ;2
TRANSPQRTAtlON~PUBLP(, WO KS•Q ~®~ ~~~ ~~'~~~~~ ~~~~~~~~~~~®~
V1A7ER ADtv1
DATE REFERENCE SUBJECT REVISION OF EFFECTIVE DATE PAGE
NUMBER FOR WATER AND SEWER SYSTEM
1-27-87 G-6938 ACCESS FEE IMPLEMENTATION ' °f 1 __
RECOMMENDATION
It is recommended that the City Council:
1 Repeal Ordinance No 9721; and,
2 Adopt the attached Ordinance, amending Chapter 37, "Water and
Sewer'', of the City Code of the City of Fort Worth, by providing
for and establishing Water and Wastewater System Facility Access
fees, said ordinance to become effective on or before April 1, 1987.
BACKGROUND
On June 10, 1986, the City Council adopted Ordinance 9651, implementing water and
wastewater system access fees with an effective date of October 1, 1986. On
September 23, 1986, the City Council adopted ordinance 9721, extending the
implementation date to February 1, 1987, based upon a request from the customer
cities
The customer cities have again requested an extension of the implementation date
and to that end, the attached ordinance implementing water and watewater facility
access fees within the City of Fort Worth is to become effective on or before
April 1, 1987. The only revision in the attached ordinance is the effective date
During this 60 day extension period, staff will be examining the administrative and
policy decisions discussed by Council, customer cities and the development community.
Staff will seek Council guidance on the remaining administrative concerns, such as
a phaseing approach and the magnitude of the fees and will prepare a revised ordinance
prior to April 1, 1987, which will address those concerns
RAM.hl
Attachment
APPROV U~ICIL
CITY CC
~~~
Cyy Secxdta~.Y c# tha
Ciht p~ Foxt VTcttlxr T~ :G~
SUBMITTED FOR Ih1t
CITY MANAGER'S
OFFICE BY
ORIGINATING
DEPARTMENT HEAD•
FOR ADDITIONAL INFORMATION
CONTACT Richard Saws
W.
V~ '~ DISPOSITION BY COUNCIL.
i ~ ^ APPROVED
_~- [ OTHER (DESCRIBE)
s~~~~iQi
PROCESSED BY
CITY SECRETARY
DATE