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Home My WebLink AboutContract 18579 t � FW/NR!i Water Agreement 1991 s CITY SECRETARY- 4 AGREEMENT .�� [�L�� WHEREAS, on the 5th day of July, 1989, the City of Fort Worth (Fort Worth) and the City of North Richland Hills, (Customer) , ,qn{.,ered into an agreement, same being City of Fort Worth City aretary Contract No. 17215 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. 17215, Now, therefore, the City of Fart Worth and the City of North Richland Hills, hereby agree as follows: 1. Subsection 1.15 of Section 1 of City of Fort Worth City Secretary Contract No. 17.215 is hereby amended, and after having been so amended shall be and read as. fol1ows `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. 17215 is hereby amended by adding subsection 1 . 18, =which shall be and read as follows: 111 .18 Capital improvements means any of the following facilities which provide atilit services and benefits common to all customer FT. Z and that have a life expectancy of three or more years, +whethe-r such caPitel improvements are located iiithin 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 Poc.t Worth City, Secretary Contract fits. 1' 215 is oiereby amended by adding subsection 1.19, `which. steal l be and read as follows, 111.1.9 Facility Expansion - The expansion of; .the capacity of an exist�tng f'acilit ► that serves the same #unction: 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 n3cretary Contract Rio. 19215 is hereby amended by sates._ ot . ,v the following for Section 16, e c Al. qK t^4; , H such substitution, :.M.:tiag 16 of city Secretary Contract Igo. 17215 be and. read 'as follows: "16. System Access Fees •116.1 On a quart+e,rl y;'basis, Customer agrees to pay to Fort Werth a Wholesale System .Access Fee for each new or. eMnlarejed connection for water service made within Customer's service area served by the General Benefit Facilities of the Fort Worth Water System. The Wholesale System Access Fee mill :be directly related to the benefit ;provided to Customer by Fort Worth. The charge wi, l be a fractional part of the fee Imgased within Fort Worth for the same size of meter based an the ratio. of the annual amounts of water purchased from fort Worth to the total annual combined amount of water purchased from Fort Worth and Trinity River Auth+azi ty {T1tA For purposes of cal culating this fractional part, this ratio will be the greater, the most recent. p, rior annual ratio or the most recent 3 year average 'ratio, occurring after the first fiscal year, of this amendment adoption. For axample, if the impact fee ordinance adapted in Fort Worth in fiscal year 1990=1991 contained a,schedule of fees which 'set the fee at $251.70 for `a 314 inch met ..^r, the fractional part would be calculated as foIIoNss Water Purchased Total Water Purchased Yew F'rom_,_Fort Wor, t,h Fort North and TRA i�r 1990 2,265,040,:000 3.162,751,003 .72 The ratio is :72; the Customer wculd pay $181.22 to Fort Worth fax every 3/4 inch meter and the same fractional part n LR, 6- CITY by the Fort Worth fee for each and every other sire meter as imposed in the Forte Worth ordinance. In subsequent` years, the ratio used will be the most recent ratio or the most recent three year average, whichever results in .a higher ratio. "'16.2 Fort Worth agrees that all monies remitted to it a pursuant to this Section wi12 be placed in a separate interest bearing account to pay ;Only for the cost of. constructing '+capita1 improvements or facility expansions- as permitted'. by Chapter 396, Texa3 ocal nt or any amendaient thereto, or by any succes sor statute thereto, and Will not be used for operation an maintenance ex ands .and all expenses. `C3nae expended', such f interest earned thereon wi.11 be 'considered a "contribution" for rate setting purposes only. :16.3` . Customer shil1 'provide, to Fort Wort such information that relates to the ' making of now and,/or enlarged conneoti'oas within its jurisdiction as may be requested hlr the, m:tr+ector including_',but not l ;nited to building permits, with each quarterly payment required in this section. 16.4 Nei ther,Fort Worth nor Oustomer shall forgive or credit any - impact tree 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 £Rand jregiilred for paying for the capital improvements. 415. 5 The Water System Advisory Committee crea, _,pct .uaut aa �� ya�,� to Section 29 hereof shall select five (5) of its me ��€ o',a CITE subconunittee to be known as the Customer Impact Fee Committee (CIrc) . Every three yeaars, beginning June, 19920 'the CzFC 'shall submit a list of five qualified engineers or planning consultanits to. the Director. The Director shall select' a consultant, from €such list to assist Dort Worth in developing land use assumptions, identifying capital improvements, ,` anti formulating, ciapi tal improvement plans and access fe:9. the consultant shall be respa:nsible to Fort Worth and its citizen's advisory commi tie 0 but shall also report to the .CIFC. The cost of the consultant shall be deemed a System Ccst. . In the event the CIPC fails., to submit a list of five consul tams to Fort Worth, Dort Worth shall select a oo�is.ul« �art: to perform ire the manner described herein. "16.'6 Fort �Wdrth -agrees that only- thoso capital improvements as defined in section 118 ,hereof shall be included in the capital imprev.etnents plan for the purpose of determcning' Wholesale 'S�sxte Access Fses; provided however;,, Fort Worrth may include other capital improvements for the.puiz�pas,o of �detersniriing impact fees to, l is own retai customers. Fort Worth eha11 not be required" to include .&I.I capital improvements in any: improvements plea. The CIF shall resporisib a for working wI th Fort Worth and its oons�u11:ant to determine' the; ,,,capita►l imFrovenments, to. be included'; in the vaiculat on of arty Wholesale System Access Fees. The CIFC 'shall recoamnend to the .Water System Advisory Committee which capital improvements should be included, in the calculation of any Wholesale System Access Fees. The CIFC shal1 also meet with Fort Worth's citizen advisory committee as such citizen's aaviso l i � `< INU FT. P11 E1q 0. F ..' . ;' ' •' '-� ..� .. "'" . ;, a . I.. !.',' reviews and considers land use assuiaptions, the -capital imps^cement plan and impact fees. " 1f.7 Prior to the adorti+on of any land use &ssumptions, capital improvements, or access fees`, the CIFC shall be furnished a copy of the proposed capital ' improvement plan or fees at ieayt 3Q days prior to any scheduled hearing thereon. "16. each ►ear 'Fort Worth shall, provide to the wholesale Water Advisory Committee an audited financial statetrent of `he Fort Worth- Water Department's records. "16. 9 For the period of . time f orr� Sara: a Y 1, 1991 untxi. Zunc 5, 1=993, customer agrees to pay to Fort worth the water access tees I. t , per new conneoti.on based .upon xhibit `••A" attached hereto and incorpc•rat:ed a,-.-e-.in for purposes and intents. After June 5, 19,93, Customer agrr,:a ti pay " access fear ill such amounts as may. be detOtMJ.ned in the manner provided elsewhere herein. :14 Fort Worth and Customer agree that the methodology. for the calculation of access fees required herein. is Gonsistert: with the Method6Iogy prescribed by Chapter 395, TexAs Local Covernmaent Code, I.n the event: that such statutory methodology, is amended or replaced' by a knew '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 ,ef such legal counsel shall ho system cost. " Y3FFfi�� Fait 6 LFIT-I t A 5. All other terms and condition, of City of Fort Worth City Secretary Contract No. 1.7215 not amended hereby are unaffected and cintinue in full force and effect, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective otficera thereunto duly authorized, ATTEST: CITY OF FORT-WORT APPROVED AS TO FORK AND LEGALITY Bate _ f�Tty Att ney ATTEST: CITY OF NORTH RICHLAND HUI i „ Mayor APPROVED AS TO FORM AND LEGALITY: Attorney Contract.. Authorization 7 Date s BIT "Ar. ,.. I. Wholesale System Access fee schedule: to be collected,, effective January 1, 1991. METER EQUIVALENCY MATER ACCESS tit,I ACTQ '. 314" $ 251, 70 1rr 1107 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 7,6,108.80 8" 100 15,170.00 10" 150 ' 37,755.00 TI . Wholesale System Access Fee , schedule . 'to be collected,q effective October 1, 1991. HE T ER LQU I VALE 'NC WATER ACCESS IZF FACT It FF 3/4rr 1' $ 293.65 1" 1.75 513:.89 j 1 1/2 14 1,174.60 2" 7 2,055.55 3rr 16 4, 698.40 Orr 28 8,222-20 rr 6 64 18,793.60 srr 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 EQUIVAIZ,!4 Y WATER ACCESS F FIC!AL cREN"'! I, $,af @ v. I tl.' 3/4" 1 $ 335.60 ==,'I2' �E� 1"' 1.75 587.311 . �' 1 1/2., 4 1,342.40 21' - 7 2,349.20 3" 16 5,369. 60 4" 28 9,396.80 6" 64 - 21,478. 40 81 104 33,500.00 10" 150 50,340.00 WATER IMPACT FEE PROPOSED SCHEDULE 2 WHOLESALE IMPACT MATE ( ORDINANCE 10601 ) FEE Jan. 11 1991-Sept . 30, 1991 30% of Max 30% Of max Oct . 1 . 1991-sept . 30, 1992 40% of max 35% of max Oct 1 , 1992-Sept . 30, 1992 60% of max 40% of max ( 10/l/92-6J5✓93) PROPOSED SCHEDULE 2 WHOLESALE IMPACT DATE ( ORDINANCE 10601 ) PEE June S, 1990-Sept` ,30. 195>1 91161 *161 ( Approx . !2.5% of max Oct . 1 , 1991-Sept. 30, 1992 35`k of me x Oct . 1 , 1992-Sept . 30, 1993 40 of max