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Home My WebLink AboutContract 18600 :i4 Ja nl/NRH Wastewater. Agreement - 1991 AGREEMENT CITY SECRET y CONTRACT No WHEREAS, on the 8th day of May, 1987, the City of Fort Wor (Dort Worth) and City of forth Richland hills, (Customer) , entered into af, agreement, same being City of Fort Worth City seprotary `rntract No. 15715, whereby Fort 'Worth 'agreed" to provide wastewater treatment to Customer; and WREREAS, Fort Worth and Customer desire to amend said City of Fort Worth Cit,v Secretary, Contract No. 15715, Now, therefore, the City of Fort Worth and the City of North Richland Hills hereby agree as follows 1. Subsection 1,26 of Section 1 of City of Fort Worth City Secretary Contract, No,, 157.15 is hereby amended, and after having been so amended shall be and read a9 follonrs: `'1 .26 Wholesale System Access Fee � A capital contribution funding or recouping the costs of General Beinef it F'acilit'ies capital %mprovevents_ or General 'Benefit Facilities facility e:cpansi'ans necessitated by 'and attributable to nett development ." 2. Section 1 of City of Fort Worth City Secretary Contract No 15715 is hereby amended by adding subsection 1.29, which shall be and read as follows: "1 .29 Capital improvements means any of the A following' facilities which provide utility ----�--��--�-- servic:es ' and benefits common to all cu Comers CITY ; „it FT. ihi j^5;s-T:it 1:+.t and that have a 1 iiie expectancy of three or more years, whether such capita, improvements are located within the jurisdictional limits of Fort Worth or Customer: wastk:water treatment. facilities, metering and sampling facilities, control systems and appurtenances , and all major collectors and interceytn;rs that are eighteen inches (18") and greater in diameter and. lift stations, if any, associated therewith." 3. Section 1 of City Secretary 'Contract No. 15715 is hereby amended by adding subsection 1:.30,, which , shall be and read as follows: "1.,30 Facility Expansion - The expansion of the c&pacity of an existing facility that serves the same function as an otherwise necessary new capital improvement in order e i that the existing facility , mr#y sat ve 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 Fart Worth City .secretary Contract No. 15715 is her^I)y at► :::ted by substituting the following for Section 28, and after ci vi .j °, Y R W RTHO T, .• such substitution, Section 28 of City Secretary Contract. No. 15715 shall be and read as follows: "28. Wholesale System Access Fees "28.1 On a quarterly basis, Customer agrees to pay to Fort wor,.h a Wholesale System Access Fee for each new or enlarged connection foi ..jstewater 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 J . such connection stall lie based upon the size of ureter me ter . and shall be equal "to the Wholesaler System Access, Fee collected for the same size water meter made within the jurisdi:tion of Tort Worth. The calculation of sand 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 i,mprov*ements necessary to provide service to new development. Nothing .wi.thiia this : contract shall be deemed to prevent either Fort Worth or 'Customer` from charging their .yawn' retail customers impact fees in "excess of. the Wholesale System Access Fee change provided for herein, "28, 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, Te_ _Lo cal 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 funds and all in:.erest earned thereon will be considered a "contri but-mwon for rate setting p�arpases only. "28.3 Customer shall pLavide to Fort Worth such information that relates to the making of new andfor enlarged connections within its j,irisdi.ction as may he requested by the Directer including but not limited to building permits with each quarterly payment required in this section, ' 28.. 4 Neither Fort Worth nor Customer shall waive any i.mpac4 fee due from a retail customer for a new or enlarged connection to its , respective system within its - juriodicticn. However,. ' either Fort Worth or Customer may pay such impact .fee into the Lund required for paying for the capital improvements. "28.5 The Wastewater System Advisory Committee crested,. pursuant . to Section 29 hereof shall select five {5)' of its members to a subco' mmittee to be known as the Customer Impact Fee Com;"nlitt:ee (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 capita) 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 cons '':t.ant shall be. deemed a System Cost. In the event the CIFC tail:a to subma.it a list of: five consultants to Fort Worth, Fort Worth shall select a consultant to perform in the manner described herein. �01Y SET ''�'�1'.p 1 u p. 1128.6 Fort Wortht agrees that only those capital, improvements. as defined in section 1 , 251 hereof shall be ;included in the capital - improvements plan for the purvose of determining wholesale System ?' Access Fees: provided, ` kaoweverF Fort. Wa,Mth may Include ot�,�er g€ capital improvements for the purpose of eteterzining impact fees t.c its own. retail customers,, Fort Worth shall not be required to include all such capital, `i , p.ravemenl:s in. the 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 Wastewater System Advisory Committee which capital I improvements should be included in the Calculation of any,Wholes<ale System Access Fees, ' The 'CIFC shall alsr, meet`' with Fort Worth's , citizen advisory committee as such Citizen's advisory ;commit.tee reviews and considers land use assumptions, the capital. improvements plan and 'impact fees. "28.7 Prior to 'tlhe adgpti.on 'of any land use ass�cmptioA-5 capital improvements', or `access fees, the CIFC shall he >furn ;ihed. A copy of ';t:he proposed capital improvement plan or fees' sit least, 30 days prior to any scheduled hearing thereon "28.9, Each year Fort WortV shall provide to the Wholesaalv Wastewater Advisory Commit%ee an audited financial .statement of the Fort Worth Water Department's rec:ords ' . 28.9 For the period of time from the date of executi.oa hereof tint,0 June. 51 1993, 'Customer ;agrees t.* pay to Fort Worth Wholesale Wastewater Access Fees per new connection based upon the FT. WORTH, TF. size of the water mete-.-, such fees to be equal L.a or less than those amounts set forth in 'Exhibit "A" atteched hereto). and incorported herein for all inte$4ts a}.d purposes The actual Wholesale System Access Fee to be paid by Customer shall be determined by the City Council of Fort Worth. After Ju).N. 5, 1993, Customer agrees to pity access fees in such .amounts as mad► be determined in the manner provided., e?sewhere herein." '9,)8.1C Fort Worth and Customer agree that the methodology for the calculation of Wh6lesa,le System Access Fees required herein is cons'i,stent with the methodology PrescaiYed by Chapter 395, Texp 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 wort with Fort North to propose amendments to ,this contract to conform ii. to such amendment or new statute. The' onabI s of suCh l egal counsel shall be system cost." All ether 'tertas and conditions of City cf Fort. Worth City Secr z�r ,, Contract No. 1`5715 not amended hereby aa:e unaffected and cont .:- in full farce: and effect . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized. C a. }i a bJist>{y p ILL.. ATTEST CITY OF FORT ORTH�� icy lkc- t- City Manager _ ,APPROVED AS TO FORM AND LEGALITY Date: c y Attor ATTE `I': E:I'I` OP NORTH RICHL,AND HILL r ay6 APPROVED AS T6 FORM AND LEGALITY _. Date Atta nee - --- ',Ut 'Ft(31:Authariz�F,f37 t i F.`` HISIT, rxAae - I . Wholesale System Access Fee schedule af£ectiVe the. date of execution. METER EQUIVALENCY WASTEWATER ACCESS' SIZE PAC-TOR E'ER r.3Jq r' 1 $ 161.O0 1 1.75 281:75 y 1 1/2" 4 644.00 21" 7. 1,127 .00 3" 16 - 2 ,576.O0 4" 28 4,508.00 6" 64 C►,304.00 100 16,100.00 10" 150 24,150.O0 II . Whole.System .Access Ft sch��di.rle effective O.:tc��ie�. 1, 1991♦ METER EQUIVALENCY I WASTEWATER ACCESS 3/4 1 M 449.75 1 1.75 787.06 1 1/2" 4 1,799.00 2" ? 3,148.25 3" 16 71196.00 4" 28 12, 'S93.00 Err 1 1 64 28,184.00 8.11 100 44/975000 10" 150 67 ,462 .50 III . Wholesale Systtr .. Access Fee Schedule effeCLiwe c C tober l; 1992 , until June 5, ,.1993. DETER EQUXVALENCY WASTEWATER ACCESS SIZE FACTOR FEE 3/4" 1 S 514.00 lrr 1.75 899.50 Z 112" 4 2/056.00 2" 7 3,598.00 3" 16 /224,00: 4", 28 ' 14,392.00' � f ^ 6'r 64 32,896.001 811 100 51,40U.00; 10" 150 77,100.00s 8