HomeMy WebLinkAboutContract 18591 CITY SECRET
AGREEMENT
CONTRACT NOZ /,
WHEREAS , on the 25th day of August , 1989 , the City of Fort
Worth (Fort Worth) and the Benbrook Water & Sewer Authority,
(Customer) entered into an agreement , same being City of Fort Worth
City Secretary Contract No . 17299, whereby Fort Worth agreed to
provide water treatment to Customer; and
WHEREAS, Fort Worth and Customer desire to amend said City of
Fort Worth City Secretary Contract No . 17299 ,
Now, therefore, the City of Fort Worth and Benbrook Water &
Sewer Authority, hereby agree as follows :
1 .
Subsection 1 . 15 of Section 1 of City of Fort Worth City
Secretary Contract No. 17299 is hereby amended, and after having
been so amended shall be and read as follows :
"1 . 15 Wholesale System Access Fee - A capital
contribution funding or recouping the costs of
General Benefit Facilities capital
improvements or General Benefit Facilities
facility expansions necessitated by and
attributable to new development . "
2 .
Section 1 of City of Fort Worth City Secretary Contract No .
17299 is hereby amended by adding subsection 1 . 18 , which shall be
and read as follows :
"1 . 18 Capital improvements means any of the r�1XU
UV�ICIAL tCu
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following facilities which provide util 7gy s�.C�e ThR
Fay
services and benefits common to all customers THY
and that have a life expectancy of three or
more years , whether such capital improvements
are located within the jurisdictional limits
of Fort Worth or Customer : water treatment
facilities , metering facilities , control
systems and appurtenances , storage facilities ,
pumping facilities and all mains that are
sixteen inches (16") and greater in diameter . "
3 .
Section 1 of City of Fort Worth City Secretary Contract No .
17299 is hereby amended by adding subsection 1 . 19 , which shall be
and read as follows :
"1 . 19 Facility Expansion - The expansion of
the capacity of an existing facility that
serves the same function as an otherwise
necessary new capital improvement , in order
that the existing facility may serve new
development . The term does not include the
repair, maintenance, modernization, or an
expansion of an existing facility to better
serve existing development . "
4 .
City of Fort Worth City Secretary Contract No . 17299 is hereby
i
amended by substituting the following for Section 16, and after
RECURO
2
such substitution, Section16 of City Secretary Contract No. 17201
shall be and read as follows :
"16 . System Access Fees
"16 . 1 On a quarterly basis , Customer agrees to pay to Fort
Worth a Wholesale System Access Fee for each new or enlarged
connection for water service made within Customer ' s service area
served by the General Benefit Facilities of the Fort Worth System.
The Wholesale System Access Fee to Customer for each such
connection shall be based upon the size of connection made within
Customer' s service area and will be directly related to the benefit
provided to Customer by Fort Worth. Should the Customer provide
at least 75% of the water needs for its service area during any
contract ,year, the Wholesale System Access Fee will be a fractional
part of the fee imposed within Fort Worth for the same size of
meter based on the ratio of the annual amounts of water purchased
from Fort Worth to the total annual amounts of water produced and
purchased by the Customer for its customers . For purposes of
calculating this fractional part , this ratio will be the greater
of the most recent prior annual ratio or the highest historical
ratio, occurring after the first fiscal year of this contract
adoption. GFI IGIA. TRECORD p
CITY SECRETARY
EXAMPLE:
FT. WORTH, TEX.
Water Purchased Total Volume
Year Fr_o_m_ Fort _Wort_h_ Produced___&_Purchas_ed Ratio
1988 16 , 100 ,000 1 , 170 , 000 , 000 . 014
3
The ratio is . 014; the Customer would pay $14 to Fort Worth for
every $1 ,000 or fractional part thereof imposed within Fort Worth.
In subsequent years should the ratio ever result in a lower ratio
than the previous ration, the highest previous ratio would apply .
At such time as Customer provides less than 75% of the water
needs for its service area during any contract year , the Wholesale
System Access Fee to Customer for each such connection shall be
equal to the Wholesale System Access Fee collected for the same
size water meter within the jurisdiction of Fort Worth. This
provision will be waived if a temporary emergency condition as
provided for in Paragraph 22 . 2 precludes Customer from providing
at least 75% of its needs .
"16 . 2 Notwithstanding the provisions of Section 16 . 1 , for any
area within the Customer ' s jurisdiction where the water supply is
provided solely by Fort Worth, the Customer agrees to pay Fort
Worth a charge for each new or enlarged connection equal to the
Wholesale System Access Fee imposed for the same size of connection
made within Fort Worth.
"16 . 3 The calculation of said Wholesale System Access Fee
shall be consistent with all applicable state and federal
regulations , and shall include only those costs associated with
General benefit Facilities expansions and General Benefit
Facilities capital improvements necessary to provide service to new
development . Nothing within this contract shall be deemed to
prevent either Fort Worth or customer from charging their own
t} ti` ;'Sca y'6 t/K
aCRETARY
FT. WORTH, T X.
retail customers impact fees in excess of the Wholesale System
Access Fee provided for herein.
"16 . 4 Customer shall provide to Fort Worth such information
that relates to the making of new and/or enlarged connections
within its jurisdiction as may be requested by the Director,
including but not limited to building permits , with each quarterly
payment required in this section.
"16 . 5 Neither Fort Worth nor Customer shall forgive or credit
any impact fee due from new or enlarged connections to its
respective system within its jurisdiction . However, either Fort
Worth or Customer may pay such impact fee into the fund required
for paying for the capital improvements .
"16. 6 The Water System Advisory Committee created pursuant
to Section 29 hereof shall select five (5) of its members to a
subcommittee to be known as the Customer Impact Fee Committee
(CIFC) . Every three years , beginning June, 1992 , the CIFC shall
submit a list of five qualified engineers or planning consultants
to the Director . The Director shall select a consultant from such
list to assist Fort Worth in developing land use assumptions ,
identifying capital improvements , and formulating capital
improvement plans and access fees . The consultant shall be
responsible to Fort Worth and its citizen' s advisory committee ,
but shall also report to the CIFC. The cost of the consultant
shall be deemed a System Cost . In the event the CIFC fails to
submit a list of five consultants to Fort Worth, Fort Worth shall
select a consultant to perform in the manner described herein .
RECORMU.
5
'S�LRETARY
FT. WORTH, TEX.
"16 . 7 Fort Worth agrees that only those capital improvements
as defined in section 1 . 18 hereof shall be included in the capital
improvements plan for the purpose of determining Wholesale System
Access Fees ; provided however , Fort Worth may include other capital
improvements for the purpose of determining impact fees to its own
retail customers . Fort Worth shall not be required to include all
capital improvements in any capital improvements plan. The CIFC
shall be responsible for working with Fort Worth and its consultant
to determine the capital improvements to be included in the
calculation of any Wholesale System Access Fees . The CIFC shall
recommend to the Water System Advisory Committee which capital
improvements should be included in the calculation of any Wholesale
System Access Fees . The CIFC shall also meet with Fort Worth' s
citizen advisory committee as such citizen' s advisory committee
reviews and considers land use assumptions , the capital
improvements plan and impact fees .
"16 . 8 Prior to the adoption of any land use assumptions ,
capital improvements , or access fees , the CIFC shall be furnished
a copy of the proposed capital improvement plan or fees at least
30 days prior to any scheduled hearing thereon .
"16 . 9 Each year Fort Worth shall provide to the Wholesale
Water Advisory Committee an audited financial statement of the Fort
Worth Water Department ' s records .
"16 . 10 For the period of time from January 1 , 1991 until June
5 , 1993 , Customer agrees to pay to Fort Worth, and based upon the
ratio as established in Section 16 . 1 hereof , the water access fees
^
OFFMIAL RECORD '
6 "
CITY SECRETARY
FT. FIRM, TEX.
per new connection based upon Exhibit "A" attached hereto and
incorporated herein for purposes and intents . After June 5 , 1993 ,
Customer agrees to pay access fees in such amounts as may be
determined in the manner provided elsewhere herein.
"16 . 11 Fort Worth and Customer agree that the methodology for
j the calculation of access fees required herein is consistent with
the methodology prescribed by Chapter 395 , Texas Local Government
Code . In the event that such statutory methodology is amended or
replaced by a new statute, the Wholesale Water Advisory Committee
may engage legal counsel to work with Fort Worth to propose
amendments to this contract to conform it to such amendment or new
statute . The reasonable cost of such legal counsel shall be system
cost . "
5 .
All other terms and conditions of City of Fort Worth City
Secretary Contract No. 17201 not amended hereby are unaffected and
continue in full force and effect .
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
OFFICIAL RECAlD.
4ERRETARY
f1�
'' !"2 T°�, TEX.
E u
7
ATTEST: CITY OF FORT WORT
_ B y -- --- --------- -- —
City Secretary City Manager
APPROVED AS TO FORM
AND LEGALITY :
Date:
City Atto ey
ATTEST:
BENBROOK WATER & SEWER AUTHORITY
--- - - - ------- ----
B y ' ----. . --- - - -----
-- - - --- -- esi 4t Bo r Directors
APPROVED AS TO FORM
AND LEGALITY:
Date:
Attorney
Contract Authorization
Date
8
EXHIBIT "A"
I . Wholesale System Access fee schedule to be
collected, effective January 1 , 1991 .
METER EQUIVALENCY WATER ACCESS
SIZE FACTOR FEE
3/411 1 $ 251 . 70
l" 1 . 75 440 . 48
1 1/2" 4 1 ,006 . 80
211 7 1 , 761 . 90
3" 16 4 , 027 . 20
4" 28 7 ,047 . 60
6" 64 16, 108 . 80
8" 100 25 , 170 . 00
10" 150 37 ,755 . 00
II . Wholesale System Access Fee schedule to be
collected, effective October 1 , 1991 .
METER EQUIVALENCY WATER ACCESS
SIZE FACTOR FEE
3/4" 1 $ 293 . 65
l" 1 . 75 513 . 89
1 1/2" 4 1 , 174 . 60
21' 7 2 ,055 . 55
311 16 4 , 698 . 40
4v' 28 8 , 222 . 20
6" 64 18 , 793 . 60
8" 100 29 , 365 . 00
10" 150 44 ,047 . 50
III . Wholesale System Access Fee schedule to be
collected, effective October 1 , 1992 until June 5 ,
1993 .
METER EQUIVALENCY WATER ACC
VFICIAL RE�ON
SIZE FACTOR FEE `3/4" 1 $ 3 3 5 . E CITY SECRETARY
1 1/2" 4 . 75 1 , 342 . 40 587 - 3( sT. WORTH, TES.
2v' 7 2 , 349 . 20
A
3" 16 5 , 369 . 60
4" 28 9 , 396 . 80
6" 64 21 , 478 . 40
8" 100 33 , 500 . 00
loll 150 50 , 340 . 00
"I LN FILE-1
CCOUNTING2 City of ,Fort worth, Texas
_.a City
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ACT. REFERENCE NUMB �**C_12936 WHOLE 1 of 2
07/02/91
SUBJECT AMENDMENTATONCIiTYTORDINANCE WHOLESALE
NO. 10601, REVISINGATHEWATER IMPACTGFEEMCOLLECTION
SCHEDULE
RECOMMENDATION:
It is recommended that
1. The City Council approve the contract amendment revising the wholesale water and
wastewater contracts concerning impact fees, and
2. Amend Ordinance 10601, revising the impact fee collection schedule and Section
1.10(a) deleting the phrase "whichever comes first."
DISCUSSION:
On June 5, 1990 the City Council adopted Ordinance 10601 establishing water and
wastewater impact fees and amending Chapter 35 of the Code of Fort Worth. The
ordinance also included Schedule 1 and Schedule 2 for assessment and collection of
impact fees. Under the ordinance a new development in Fort Worth is assessed at the
time of final platting using Schedule an dSpaysthe
hechedule 2fee at the time a building permit
is approved using the fees established
The wholesale water and wastewater contracts includethe same size and/or type
oi charging
connection
customers a fee equal to the charge imposed f
made within the jurisdiction of Fort Worth. The amount of the fee is tied to Schedule
2 of the Fort Worth impact fee ordinance.
On September 6, 1990 the Tarrant County Mayor' s Council , City of Forest Hill , City of
Hurst, City of Keller, City of North Richland Hills and City of Edgecliff Village
jointly filed a lawsuit against the City of Fort Worth seeking to invalidate Fort Worth
Ordinance 10601 and the section of their contracts concerning access fees.
City Council directed staff to negotiate with representatives from the wholesale
customers. A settlement t was customer hard nd si gnedparpond by the tract amendment.
County
Mayor' s Council and each wholesale
The major changes included in the contract amendment include:
o amending or adding definitions for the terms 'wholesale system access fee,
capital improvement and facility expansion;
o allowing either the wholesale customer or Fort Worth to charge impact fees
in excess of the wholesale system access fee;
o establishing a separate interest bearing account which is audited annually;
Printed on recyded paper
city of Fort Worth, Texas
Mayor and Council unication
1 E E NUMBER PA
DATE 07/02/91 **C-12936 NAM 60WHOLE 2 of 2
SUBJECT CONTRACT AMENDMENT TO THE WHOLESALE WATER AND WASTEWATER AGREEMENTS AND
AMENDMENT TO CITY ORDINANCE NO. 10601, REVISING THE IMPACT FEE COLLECTION
SCHEDULE
o creation of a wholesale advisory committee which assists in the selection of
a consultant to assist Fort Worth in developing land use assumptions,
identifying capital improvements and formulations of access fees every three
years;
o an exhibit detailing the maximum wholesale system access fee amount
effective until June 5, 1993.
The revision of the wholesale system access fee establishes fee collection schedules
which are different from those contained in Schedule 2. The collection schedule for
the water impact fee was set at 30% of the maximum assessable for January 1, 1991 to
September 30, 1991 , 40% of the maximum assessable for October 1, 1991 to September 30,
1992 and 50% of the maximum assessable for October 1, 1992 to September 301 1993. The
wastewater impact fee was established at $161 for a 3/4" meter, or approximately 12.5%
of the maximum assessable effective for the date of the ordinance through September 30,
1991. No fee was established for wastewater beyond that date.
The wholesale water contract amendment reduces the collection schedule percentages
after September 30, 1991 to 35% of the maximum assessable for October 1 , 1991 to
-September 30, 1992 and 40% of the maximum assessable from October 1 , 1992 until June
5, 1993.
MG:t
Adopted OCullla iCe /42L27
Su tte or C ty Manager's FUND ACCOUNT CENTER AMOUNT
T Y
Office by: to CITY COUNCIL
Mike Groomer 6140
Originating Department Head: J U L 2 1,091
Richard Sawey 8207 rom
For Additional Information
Contact: City Secretary of :he
Richard Sawey 8207 City of Fort worth, Texas
0 Prlyded on recycled paper
WATER.,,...IMPACT__FEE._._ PROPOSED
SCHEDULE 2 WHOLESALE IMPACT
DATE
( ORDINANCE 10601 ) FEE
Jan . 1 , 1991-Sept . 30 , 1991 30: of max Of max
3 30x of max
Oct . 1 , 1991-Sept . 30 , 1992 40% of max 40
Oct . 1 , 1992-Sept . 30 , 1992 50: of max ( 10/1/92-6/5/93 )
WA51EWATER_....IMPACT,_F_EE PROPOSED
SCHEDULE 2 WHOLESALE IMPACT
DATE
( ORDINANCE 10601 ) FEE
$161
( Approx .
June 5 , 1990-Sept . 30 , 1991 $1612 .5:
of max ) 35: of max
Oct . 1 , 1991-Sept . 30 , 1992 40: of max
Oct . 1 , 1992-Sept . 30 , 1993 --