HomeMy WebLinkAboutContract 18590 C TY SECRET�R
Y,
AGREEMENT CONTRACT No /7
WHEREAS, on the 8th day of May, 1987 , the City of Fort Worth
(Fort Worth) and City of Forest Hill , (Customer) , entered into an
agreement , same being City of Fort Worth City Secretary Contract
No. 15683 , whereby Fort Worth agreed to provide wastewater
treatment to Customer; and
WHEREAS, Fort Worth and Customer desire to amend said City of
Fort Worth City Secretary Contract No. 15683 ,
Now, therefore, the City of Fort Worth and the City of Forest
Hill hereby agree as follows :
1 .
Subsection 1 . 26 of Section 1 Of City of Fort Worth City
Secretary Contract No. 15683 is hereby amended, and after having
been so amended shall be and read as follows :
"1 . 26 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. I of City of Fort Worth City Secretary Contract No.
15683 is hereby amended by adding subsection 1 . 29, which shall be
and read as follows :
"1 . 29 Capital improvements means any of the
following facilities which provide utilityI
rn
services and benefits Common to all custo, e-si
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 : wastewater
treatment facilities , metering and sampling
facilities, control systems and appurtenances ,
and all major collectors and interceptors that
are eighteen inches (18") and greater in
diameter and lift stations , if any, associated
therewith. "
3.
Section 1 of City Secretary Contract No . 15683 is hereby
amended by adding subsection 1 . 30 , which shall be and read as
follows :
1 . 30 Facility Expansion - The expansion of
lk=--he 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. 15683 is hereby
amended by substituting the following for Section 28, acd,-4, ter
2
such substitution, Section 28 of City Secretary Contract No. 15683
shall be and read as follows :
"28 . Wholesale System Access Fees
"28 . 1. On a quarterly basis , Customer agrees to Day to Fort
Worth a Wholesale System Access Fee for each new or enlarged
connection for wastewater service made within Customer 's service
area served by the General Benefit capital facilities of the Fort
Worth System. The Wholesale System Access Fee to Customer for each
such connection shall be based upon the size of water meter and
shall be equal to the Wholesale System Access Fee collected for the
same size water meter made within the jurisdiction of Fort Worth.
The calculation of said access fee shall be consistent with all
applicable state and federal regulations, and shall include only
those costs associated with General Benefit capital expansions and
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
retail customers impact fees in excess of the Wholesale System
Access Fee charge provided for herein.
"28 . 2 Fort Worth agrees that all monies remitted to it
pursuant to this Section will be placed in a separate interest
bearing account to pay only for the cost of constructing those
types of capital improvements or facility expansions as permitted
by Chapter 395, Texas Local Government Code, or any amendment
thereto, or by any successor statute thereto, and will not be used
for operation and maintenance expenses . Once expended, such" ,f—h S
and all interest earned thereon will be considered a "contribution"
for rate setting purposes only.
"28 . 3 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
pay-ment required in this section.
"28 . 4 Neither Fort Worth nor Customer shall waive any impact
fee due from a retail customer for a new or enlarged connection 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 .
"28 . 5 The Wastewater 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 CI 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 comffnittee,
but shall also report to the CT FC. 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
4
"28 . 6 Fort Worth agrees that only those capital improvements
as defined in section 1 . 29 hereof shall be included in the capital
improvements plan for the purpose of determining Wholesale System
Access Fees ; provided, however , Fort Worth may include ether
capital it for the purpose of determining impact fees to
its own retail customers . Fort Worth shall not be required to
include all such capital improvements in the plan. The CIFC shall
be responsible for working with Fort Worth and its consul Cant to
determine the capital improvements to be included in the
calculation of any Wholesale System Access Fees . The CIFC shall
recommend to the Wastewater 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 ,
"28 . 7 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.
"28 . 8 Each year Fort Worth shall provide to the Wholesale
Wastewater Advisory Committee an audited financial statement" of the
Fort Worth Water Department ' s records .
"28 . 9 For the period of time from the date of execution
hereof until June 30 , 1993, Customer agrees to pay to Fort Worth
Wholesale Wastewater Access Fees per new connection based upon .
size of the water meter, such fees to be equal to or less than
those amounts set forth in Exhibit "A" attached hereto and
incorported herein for all intents and purposes . The actual
Wholesale System Access Fee to be paid by Customer shall be
determined by the City Council of Fort Worth. After June 5 , 199 ,
Customer agrees to pay access fees in such amounts as may be
determined in the manner provided elsewhere herein. "
"28 . 10 Fort Worth and Customer agree that the methodology for
the calculation of Wholesale System 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 Wastewater
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. 15683 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 thereurnto
duly authorized.
6
ATTEST: CITY OF FORT WORTH
X #f f
city secre Ci ty ' ana er. fE
APPROVED AS TO FORM
i
AND LEGALITY:
- Date
pity Atto ey
f
ATTEST: CITY OF FOREST FILL
Mayer
APPROVED AS TO FORM
AND LFGA�LITY:
Ift
Date:
Attorney
Ix
EXHIBIT "A".
I . Wholesale System Access Pee schedule effective the
date of execution.
METER EQUIVALENCY WASTEWATER ACCESS
SIZE 'FACTOR FEE
3/411 1 16i . 00
1" 1 . 75 281 . 75
1 1/2" 4 644 . 00
21 7 1 , 12-1 . 00
31' 16 2 , 576 . 00
4" 28 41503 .00
6#1 64 10 , 304 . 00
811 100 16, 100 .00
loft 150 24 , 150 . 00
11 . Whole System Access Fee schedule effective October
1 , 1991 .
METER EQUIVALENCY WASTEWATER ACCESS
SIZE FACTOR FEE
3/41t 1 $ 449 . 75
Vf 1 . 75 787 . 06
1 1/2" 4 1 , 799 . 00
2": 7 3 , 148 . 25
31 16 7 , 196 . 00
4" 28 12 , 593 . 00
611 64 28 ,784 . 00
811 100 44, 975 . 00
1011 150 67 , 462 . 50
III . Wholesale System Access Fee Schedule effective
October 1 , 1992 , until June 5 , 1993 .
METER EQUIVALENCY WASTEWATER ACCESS
SIZE FACTOR FEE
3/4ff 1 514 . 00
Vt 1 . 75 899. 50
1 1/2" 4 2 ,056 , 00
2`f 7 3 , 598 . 00
ff
16 8 , 224 . 00
4 28 14 , 392 .00 41r
6" 64 322 , 896 . 00
p TV
100 51 , 400 - 00
3
1011 150 771 , 100 00
8-
^ .
^
�
�JATE� PROPOSED
' SCHEDULE 2 WHOLESALE IMPACT
DATE ( ORDINANCE 10601 ) FEE
]an 1 , 1991-Sept . 30 , 1991 30% of max 30% Of max
Oot ' 1 , 1991-6ept . 30 , 1992 40% of max 35% of max
Oct .' 1 19��-��pt 30 , l9�� �0� of max 40% of max
" ^ ( 10/1/92-6/5/93 )
', ^�-----F-'-
PROPOSED
SCHEDULE 2 WHOLESALE IMPACT
DATE ( ORDINANCE 10601 ) FEE
June 5 , 1990-Sept - 30 , 1991 $161 $161
( Approx . 12 .5%
of max )
° 19�1-5��t . �0 ° 1���2 -- 35% of max
Oct .^ 4O� of m�x
Oct . 1 ^ 1992-6ept , 30 , 1993 --
COUNTING,2 CftV of.coif Wotf/4 Texas
4�4SFORTATIONJPUBLIC
WORK3.4
? aGouty* dR A D M;N R A Yr nd r=rdH6n'lri f
.-DATE 07102191 1 REFERENCE NUMBER LOG NAME
I **C-12936 I 60WHOLE 1 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
RECOMMENDATION:
It is recommended that
I . 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 1 and pays the fee at the time a building permit
is approved using the fees established in Schedule 2.
The wholesale water and wastewater contracts include provisions for charging wholesale
customers a fee equal to the charge imposed for the same size and/or type of connection
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 agreement was reached and approved by the Tarrant County
Mayor's Council and each wholesale customer has signed a contract amendment.
The major changes included in the contract amendment include:
0 amending or adding definitions for the to wholesale system access fee,
capital improvement and facility expansion;
0 allowing either the wholesale customer or Fort Worth to charge impact fees
in excess of the wholesale system access fee;
0 establishing a separate interest bearing account which is audited annually;
0 P*ftd on mcycW pepw
My of Foif Wortf 14 Texas
mayor and council communkation
DATE REFERENCE NUMBER I L G NAME PAGE
07/02/91 1 **C-12936 I 60WHOLE 1 2 of 2
SUBJECT I CONTRACT AMENDMENT TO THE WHOLESALE WATER AND WASTEWATER AGREEMENTS AND
AMENDMENT TO CITY ORDINANCE NO. 10601, REVISING THE IMPACT FEE COLLECTION
SCHEDULE
0 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;
0 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 300 of the maximum assessable for January 1, 1991 to
September 30, 1991, 400 of the maximum assessable for October 1, 1991 to September 30,
1992 and 500 of the maximum assessable for October 1, 1992 to September 30, 1993. The
wastewater impact fee was established at $161 for a 314" meter, or approximately 12.50
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 400 of the maximum assessable from October 1 , 1992 until June
5, 1993.
MG:t
Adopted Oru",na,rco ilj.�G7
3uF*1ttR' City-ganager's FUND COUVT I T AA0UjFT
ACCO C1* A90UNT
0 M I
Office by: 77t CITY COUNCIL
Mike Groomer 6140
-TrTq-ir-natinq Depart sentNe
JUL 2 !991
Richard Sawey 8207 rom)
For Additional Information
C Co ct_
ontact:
Richard 17 tE----------------------------I Secretary of 1-he
Richard Sawey 8207 of For, Werth, I-exa*
.0 Pf*ftd on foaydW PO4W