HomeMy WebLinkAboutOrdinance 9721
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ORDINANCE No . ~--~=L
AN ORDINANCE AMENDING CHAPTER 37, "WATER AND SEWER", OF
THE CITY CODE OF THE CITY OF FORT WORTH, AS AMENDED, BY
PROVIDING FOR AND ESTABLISHING WATER AND WASTEWATER SYSTEM
FACILITY ACCESS FEES; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES; REPEALING ALL 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 promote 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 T.HE 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:
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SECTION 1.
DE F IN IT I ON 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.
"CITY" : 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.
"COMMERCIAL-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.
"DIRECTOR": 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 served by one or more water
meters that is primarily engaged in the fabrication,
processing, or manufacturing of any goods or product.
"INITIAL WATER SERVICE": The first water service to be
provided at a specific property location.
"INITIAL WASTEWAT ER SERVICE": The first wastewater service
to be provided at a specific property 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 municipal 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 others.
"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 more 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.
SECTION 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.
SECT ION 3 .
SCHEDULE OF FEES
A. 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.
TABLE I
Living Area Water System Wastewater System
(sq. ft.) Access Fee Access Fee
$ $
Under 1000 330 67
1001-1200 383 78
1201-1400 435 89
1401-1600 488 100
1601-1800 540 111
1801-2000 593 122
Over 2000 646 132
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
Customer Class X 3/4" Inch Inch Inch
Residential See Tb1 I $ 247 $ 494 $ 790
Commercial $ 319 798 1,596 2,553
Comm. Multi-Unit 584 1,461 2,921 4,674
Industrial 1,792 4,481 8,962 14,340
I
WATER System Facility Access Fee
Customer Class
---METER SIZE---
5/8 1 1-1/2 2
X 3/4" Inch Inch Inch
See Tbl I $1,212 $ 2,423 $ 3,877
$ 832 2,080 4,160 6,656
1,183 2,958 5,915 9,464
3,915 9,788 19,577 31,323
1,064 2,660 5,320 8,512
261 6.52 1,304 2,086
3
Inch
$ 1,482
4,787
8,763
26,887
3
Inch
Residential
Commercial
Comm. Multi-Unit
Industrial
Yard Meters
Yard Meter
Adjustment
$ 7,270
12,480
17,745
58,730
15,960
3,911
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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 _ Equivalent Meter Factor
3/4 inch Simple 1.5
2 inch Compound 8
2 inch Turbine 10
3 inch Compound 16
3 inch Turbine 24
4 inch Compound 25
4 inch Turbine 42
6 inch Compound 50
6 inch Turbine 92
8 inch Compound 80
8 inch Turbine 160
10 inch Compound 115
10 inch Turbine 250
12 inch Turbine 330
SECT ION 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 to 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 DETERMINAT IONS
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 S I Z E 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.
SECT ION 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.
SECTION 11.
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 12.
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 1 3 .
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 February 1,
1987 and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPT
EFFEC
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M&C G-6698, approved 6-10-86
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CATS REFERENCE SUBJECT REVISION OF EFFECTIVE DATE FOR PAGE
NUMBER WATER AND SEWER SYSTEM ACCESS 1
9-23-86 G-68i 5 FEE IMPLEMENTATION b or-_.__
Recommendation
It is recommended that the City Council•
1. Repeal Ordinance No. 9651, 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 February 1, 1987.
B
/
ackground
O
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 June 18, 1986, the City Council and Mayor extended a request to the whole-
sale wastewater customers to adopt a similar ordinance implementing system ac-
cess fees by October 1, 1986. Since the date of that letter, inquiries from a
number of cities have been received concerning the postponement of the October
1 deadline. The customer cities have contracted with an independent rate con-
sultant to review proposed wastewater rates, and have asked for an extension of
the deadline from October 1, 1986 to February 1, 1987. Representatives of the
customer cities have stated that this will provide adequate time to review the
consultant's findings.
Due to the extension of the deadline for customer cities, the effective date
for the City of Fort Worth ordinance would more logically be February 1, 1987.
The Water and Wastewater Capital Cost Recovery Advisory Committee recommended
that Fort Worth's system access fee not be implemented prior to the effective
date of such fees in the customer cities. The attached ordinance has an
effective date of February 1, 1987 and all other applicable dates have been
revised in relation to that date. The fee schedule and all other provisions of
the ordinance are the same as that previously° adopted. Additional background
concerning system access fees is available in M&C G-6777.
APPROVED BY
RAM.gvm C~T _ CoUNC
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I~Ni ~~Z
of the
SUBMITTED FOR In
CITY MANAGER'S
DISPOSITION BY COUNCIL. CitX Of FOrt 1
/0~~D BY
OFFICE BY ^ APPROVED
ORIGINATING
DEPARTMENT HEAD• Richard Sawey [ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADCITIONAL INFORMATIO
CONTACT ~. Sawey 8220
Adopted Ordonance No. ~~
DATE