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HomeMy WebLinkAboutOrdinance 16804-01-2006ORDINANCE NO. 16844-1-2006 AN ORDINANCE AMENDING SECTION 35-b0 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REDUCING CERTAIN RATES AND CHARGES FOR RETAIL WATER AND WASTEWATER SERVICE PROVIDED TO PREMISES LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY; GRANTING AUTHORITY TO PROVIDE RETAIL WATER AND WASTEWATER SERVICE TO RESIDENTS OF WHOLESALE MUNICII'AL CUSTOMERS AT CITY RATES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That Section 35-60, Uses Outside City, of the Code of the City of Fart Worth {1986), as amended, is hereby further amended to read as follows: (a) The rates charged by the city for water furnished for use on premises located within the extraterritorial jurisdiction of the city shall be 1.25 times the rates charged for water furnished to premises within the corporate limits. (b) The rates chat°ged by the city for rendering wastewater service to or use of wastewater facilities by premises located within the extraterritorial jurisdiction of the city shall be 1.25 times the charge for comparable service inside the corporate limits. Such charges for service shall be applicable to wastewater ultimately received through the wastewater system of the city. (c) The charge for treating indostrial waste originating from premises located within the extraterritorial jurisdiction of the city shall be 1.25 times the charge for treating comparable industrial waste originating from premises within the corporate limits. (d) Impact fees and tap or service com~ection fees for water and wastewater service provided within the city's extraterritorial jurisdiction shall be the same as if the services were provided within the corporate limits. No service shall be rendered through any water or wastewater connection unless the charges are paid. {e) The city may enter into a written agreement with any of its wholesale municipal water or wastewater customers to provide retail water and/or wastewater service to residents of the wholesale municipal customer at the same rate and far the same service fees applicable to such service within the city. (f) Nothing in this section or any other ordinance shall be construed to compel the city to furnish water, wastewater or industrial waster service or the services of its water, wastewater or industrial waste treatment plants to any person, as defined in this chapter, located beyond the corporate limits and within the extraterritorial jurisdiction, or to continue such service once initiated; and the city reserves the right to furnish such service to such persons as it deems advisable and to at any time wholly or partially discontinue the service upon violation of any of the tezrns of this chapter. No water or wastewater service shall be furnished cansunners beyond the corporate limits and within the extraterritorial jurisdiction unless and until such consumers shall furnish the city with satisfactory evidence that all plumbing, including fixtures and appliances through which water or wastewater is to pass have been approved by the city plumbing inspector. If additional plumbing is to be installed on such premises after water ar wastewater service has camrnenced, such consumer shall secure a city plumbing permit for such additional. installations, and no water from the city waterworks or wastewater service shall be provided such premises unless and until such additional plumbing installations have been approved by the city plumbing inspector. SECTION 2. This ordinance shall lac cumulative of ail provisions of ordinances and of the Code of the City of Fort Worth, Texas {1986), 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 3. It is hereby declared to be the intentions 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 unconstitutional by the valid judgment or decree of any court of competent 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 the ordinance of any such unconstitutional phrase, clause, sentence, paragi°aph or section. 2 SECTION 4. This ordinance shall take effect upon adoption. APPRO~I~ AS TO FORM AND LEGALITY: Date of adoption: January 31, 206 ~it~ ®f ~®e°t l//c~~tf~~ Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11311200E -Ordinance No. 16804-1-2006 I]ATE: Tuesday, January 31, 20Q5 LO(~ NAME: 60RATES REFERENCE NO.: G-15079 SUBJECT: Adoption of Ordinance Revising Rates and Charges for Retail Water and Wastewater Services Provided to Premises Located Within the Extraterritorial Jurisdiction of the City of Fort Worth RECOMIVIENDATIC?N: It is recommended that the City Council adopt the attached ordinance, which revises rates and charges far retail water and wastewater services provided to premises located outside the City of Fart Worth city limits and within its Extraterritorial Jurisdiction (ETJ) effective upon approval of the revised Ordinance. DISCUSSION: Section 35-60 of the City Cade provides that rates for retail water and sewer service outside the city limits shall not be less than double the rates charged to inside city customers for the same service. This rate was adopted of a time when the City provided very few retail connections outside its corporate limits and within its ETJ. Due to the increase in development activity within the ETJ and increased requests for service, the Water Department believed it was necessary to review the rates for retail customers within the ETJ to update its outside city retail rate taking certain changed conditions into account. Black & Veatch conducted a cost of service study to establish rates for retail water and wastewater service within the ETJ. The Water Department and Black & Veatch met with the Retail Rate Committee on October 20, 2004, to obtain guidance on how to determine retail rates for customers within the ETJ. Based on the study, the Retail Rate Committee recommended that the water and wastewater rates and charges be 1.25 times the rates charged to customers within the city limits. Upon adoption of this ordinance, retail water and wastewater rates and charges for service within the ETJ will be 1.25 times the rates charged for service within the corporate limits, except for impact fees, tap fees and service connection fees, which will be the same as fnr water and wastewater service provided within the corporate limits. Further, on occasion, municipalities that are wholesale water or wastewater customers of the City have requested that the City enter into a written agreement to provide retail water or wastewater service to selected residents of the customer city. Such a request generally involves a small number of customers and arises from technical issues relating to the delivery of water or wastewater service to such customers. In fhe interest of interlocal cooperation, it may be appropriate for the City to provide such service in certain instances and to charge customers the same rates and fees applicable to City residents. Adoption of the attached ordinance would authorize the City to enter into a written agreement with any of ifs wholesale municipal customers to provide retail water andlor wastewater service to selected residents of that customer city at the same rate charged to in-City customers. Any such agreement would require City Council approval, This recommendation is consistent with existing agreements whereby a wholesale municipal customer provides retail service to Fort Worth residents. Lognanae: 60RATES Page 1 of 2 FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that the adoption of Phis rate schedule will require nn expenditures of City funds. The Customer Service Division of the Water ©epartment is responsible for billing and collection of wafter and wastewater service revenues. TO FundlAccountlCenters FROM FundlAcco~antlCenters P~45 493D12 06D'fDOD OAD PE45 493D22 a7D'f DDD $D.DO Submitted for Ci Mana er`s Office b : Mare Ott (8476) Originating [3epartment Head: S. 1=rank Crumb (82Q7) Additional Information Contact: S. Frank Crumb (8207) Logname: 60RATES Page 2 of 2