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HomeMy WebLinkAboutOrdinance 9651~ C v. T-~ r-. ~~ y a ORDINANCE No. ~~/~, ~%~_ AN OR DINANCE 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 SEVER ABILITY 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 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: n SECTION 1. _ DEFINITIONS 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 WASTEWATER 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 parches. -2- "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. SEC7.'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 -3- f, ~ 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. SECTION 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 3f4 inch meter shall be those as set out in Table II below. -4- 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 $ 794 $ 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 Faci lity Access Fee ---METER SIZ E--- 5/8 i 1-1/2 2 3 Customer Class X 3/4" Inch Inch Inch Inch Residential See Tbl I $1,212 $ 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. -5- TABLE III. Meter Size and Ty a 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 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. SECTION 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 -6- 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. -7- 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 _g_ 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 ( 1 964) , 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 _g_ v tip" i -~ 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 October 1, 1986 and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~ ~ l" ~ ~~~ ADOPTED: ~ / v ~~ EFFECTIVE: -10- f y `~ .. 1YfCYSTER F1CE,' , ..- AG,,COUNTING 2 ~RANSPORTATION~PUB! .C .,~~~~~LJ/ ® U NAYER ADMINISTRg7i6ta a ooofff~~~ PI-ANNING. ~~~1 ~®~~,~~Il c~®~,~,~c~,~~~~t~i®~ DATE REFERENCE SUBJECT PROPOSED ORDINANCE FOR WATER AND PAGE NUMBER WASTEWATER~SYSTEM FACILITY ACCESS 1 6-10-86 G-6698 FEES > ar-._.__ Recommendation It is recommended that the City Council 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 October 1, 1986 Background On August 27, 1985, the Fort Worth City Council appointed an eight-member Water and Wastewater Capital Cost Recovery Advisory Committee (I R No. 7048). In cooperation with City staff, the Advisory Committee developed a system of charges to address the capital costs of utility expansion to assure that (1) system access fees would be based on cost-of-service principles (2) the method , of developing the fee and fee schedule itself would enjoy community support, (3) administrative costs of the system access fee would be minimized and (4) , the system access fee schedule would allow the water and wastewater utilities to continue to provide adequate service To assist in developing the system access fee schedule, the city Council appro- ved the execution of a contract (M&C C-9123 and M&C C-9165) with an accounting firm, David M. Griffith and Associates, Ltd , in conjunction with CH2M-Hill, Inc , an engineering firm The Final Report of the Water and Wastewater Capital Cost Recovery Advisory Committee was submitted to the City Council on May 27, 1986, and there was an in-depth review and discussion at the City Council's workshop June 3, 1986 The attached ordinance reflects the recommendations of the Committee and the city Council APPROVED BY RAM uwmc CI~'Y COUNCIL ~~ ~~~'~... ~;i p S~oretary of the, Ci,g of pout Worth, T®xa9 __ SUBMITTED FOR I / ~, CITY MANAGER'S ` ~ ~ / ) OFFICE BY •- ~ ~ • DlSPOSITIGN BY COUNCIL. PROCESSED BY , L. ~ ~~ L , , L APPROVED ORIGINATING ~_ OTHER (DESCRIBE) DEPARTMENT HEAD•_ _ R~ CI1dY~U SaWe_y ~ CITY SECRETARY FOR ADDITIONAL INFORMATION ~ nce No d d Q CONTACT R. SdWB HZ ZO ^ . .~ ~na r dopte DATE