HomeMy WebLinkAboutContract 18601 GITY SECRET
AGREEMENT CONTRACT No.,'` *'
WHEREAS, on the 21st. day of December, 1987 , the City of Fort
Worth (Fort Worth) and the Trinity River Authority (TRA) , the City
of Hurst and the City of North Richland H$.Ils (collectively
referred to as Cities) , entered into an agreement, same being City
of Fort Worth City Secretary Contract No. 16152, whereby Fort Worth
agreed to provide wastewater treatment to TEA and Cities; and
WHEREAS, fort Worth, TRA' and Cities desire to amend said City
of Fort Worth City. Secretary Contract No. 16152,
Now -" therefore, the City of Fort Worth and the Trinity River
Aut%ority, the City of Hurst, and the City of North Richland Hills
eby agree as follows:
1.
Subsection 1.27 of Section 1 of City of Fort Worth City
Secretary Contract No 1.6152 is hereby amended, 'and after having
been so amended, shall be and read as follows:
"1.27 Wholesal e �Syasteim .Access Fee A capital
contribution funding or recouping the costs of
General Benefit Facilities capital
Improvements or Gener 1. Benefit Facilities
facility expansions necessitated by and
attributable to new development."
2 .
Section 1 of City of Fort Worth City Secreti.ry Contract No.
16152 is hereby. amended by adding subsection 1.34, which shall be
and read as fellows:
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"1 30 Capital improvements means any of the
following facilities which provide utility
services and benefits co-, mon to all customers
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 ` the Cities or Fiithin the
service area of TRA: wastewater treatment
facilities metering, and sampling facilities,
control systems ancl 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. 16152 is hereby
amended by adding si:bsection 1.31, which shall be and read as
follows;
"1.31 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 art existing facility to better
serve existing develop:tent.t3
4.
City of Fort. Worth City Secretary Contract No. 16152 is hereby
amended by substituting the following tot Section 28, and: after
such substitution.` Section 28 of City Secretary Contract No. 161:i;4
shall be and read as follows:
t1,28. Wholesale System Access Fees
"28.1 On a quarterly ,basis, TRA and Cities agree to pay to
Fort Worth a Wholesale System. Access Fee for each new or' einlarged
connection for wastewater service made within the respective
Jurisdiction of TRA or the Cities served by the General Benefit
capital facilities of thei Fort Wo rth System. The Wholesale System
access Fee to TRA or to the Cities for each such connection shall
be based upon the sizes of water meter and shall be equal to then
Wholesale System Access Fee collected few' 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 the
cities from 4harging their ow:n retail customers impact fees in
excess of the Wholesale System Access Fee charge provided for
herein.
14 r 5'A
"28. 2 Pori, Worth agrees that all monies remitted to it
p•.rrsuant to this Section will be placed in a separate interest
bearing ac-»ount to pay only for the cost of constructing those
types of cap .tal improvements or facility expansions as permitted
by Chapter 395, Tex;k;L 1t9cal Government Code, or any amendment,
thereto, or by any successor statute thereto, and will not be used
for operation and mairibAn,Lance expenses. once expended, such funds
and all interest earned thereon will be considered a 'Icontri butt or,"
for rate setting purposes cin1y.
►28 . 3 TRA and Cities shall provide to Fort Worth such
information that relate to the making of new and/or enlarged
connections '.within their respective service areas as may rye
requested by the Director, including but not limited to building
permits, with each quarterly payment required in this section.
"28.4 Neither Fort Worth nor Cities shall waive any impact
fee due from a retail customer for a `new or ,enlarged connection to
its respective system within its service area. However, either
Fort Worth or Cities may pay ;such impact fee into the fund required
for paying for the capital improvements.
28. 5 The Wastewater System Advisory Comrni.ttee created
pursuant . to section 29 hereof shall select ' ive (5) of its members
to a subcommittee to be known as the Customer Impact Fee Committee
(CIFC) . Every three' years, beginning June, 1992. the CIPC sh ?.l
submit a list of five qualified engineers or punning consultants
to the Director. The Director shall select a consultant from such
list to assist Fort Worth in developing land see assumptiojn»►,
4 1A
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identifying capital improvements, and formulating capital
improvement plans and access fees. The cc,asultant 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.
"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 other ,
capital improvements for the purpose of determining impact tees t
its own retail customers. Fort Worth shall riot_ be required to
include all such capital improvements in the plan. The CIPC shark,
be re-sponsibl e 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 CTFd 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 me�.:t with Fort ' Worth`
citizen adviso,:y 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 CIF^ shall be furnished
J
low
a copy of the proposed capital improvement plan or frees at least
30 days prior to any scheduled hearing thereon.
"28.8 Each year Tort, Worth shall provide to the Wholesale '
Wastewater Advisory Gommi.ttee ar► audited financial statement: of the
Fort Werth Watar Department 's records.
„28 . 9 For the period of t1me from the date of eXecution
hereof. until June 30 , ',1993, TRA a;ad' the Cities agree to pay to Fort
Worth .Who-- coa.le Wastewater Access, Fees per new, connection based
upon the size of the .water meter, such fees` to be equal to or less
than th.o-wen amounts set forth in Exhibit "'A" attached hereto and,
incorporated ed herein. 'for a1.1 intents .and purposes. The actual
Pee Wholesale esal a ste Access �`�.e to be aid b eit&:er T A or Cities , ,
0 System m A p � R .
shall be determined by the City CounciI of Fort Worth. after June
I
5, 1993, TRA and the Cities agree to pay. access fees in such
amounts as rosy be r?etermi:ned in' the, =-i r prz elsewhere
herein. "
"28.10 ' Fort Worth, . TRA and the Cities agree that trhe
s
methodology-'for the calculation of Wholesale ' System Access Fees '
required here i s: `::.s consistent with the methods>logy prescribed by
Chapter 395, Local. Government Code. In the event that such'
statutory inetAodolagy is amended or, replaced by a new statute, the
Wholesale Wastewater Advisory' Committee may engage legal counsel'
to work with Fort Worth to propo.Be amendments to this contract to
conform it to such amendmen.t or new statute. The reasonable cost
of such legal counsel shall be a system cost."
REIN
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All other terms and conditions of City of Fort Worth City
Secretary Contract No. 16152 rot amended hereby are unaffected and
cons"Anue in fall force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement t.o be wilecuted by their respective officers thereunto
duly authorized.
ATTEST: CI'T'Y OF FORT WO 'H
- Manager
APPROVED City Secretary City Man
1
APPROVED AS TO FORM
AND LWALITY:
Date
g
�
�Ci Y t me Y
ATTEST' TRINITT IVER AUTWORITY
acre! a►ry Gpreral 1 nagex
Board of Directors
Date:_ _ a� � c71
Coatraot Authorizatlon
Ute
7 CITY
1:
ATTEST: CITY OF HURbT
✓'UC- BY: t _
CityllSecretary aynr.
APPROVED AS TO FORM :
LIT :
Date:
City. At or ey
ATTEST: CITY OF :NORTH FtICHL,AHD HILTS
Byi
Y Secretary Mayor
APPROVED AS TO FORM
AN LEGALITY:
Date,
or '
Contract Authorization
Date
a'�s to;l
;' } 4 ,� �:
I . Wholesale System Access Fee schedule effective the
dates of execution.
METER EQUIVALENCY, WASTEWATEE :ACCESS
FACTOR FEE
3/4" 1 $ 161.00
1" 1.75 281.75
1 1/2" 4 644.04
2" 7 1,127.00
3#+ - 16 21-576.09
4+. 28 4,508.00
6++ 64 10,304.00
8+Y 100 16,100:00
10" 150 24,150.00
II . Whole System Access Fee schedule effective October
1, 1991.
METER EQt3IVAI iGY WASTEWATER :ACCESS
SI2F T
3/4fe ] $ 449.75
109 1.75 - 7$7.06
1 112" 4 1,799.00
2,* 7 3,148,25
3
16
7,196.00
4+' "28 12,59 3.510
6.+ 64 28,784.00
8" 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
AI K
3/4" 1 $ 514.00
1 1.75 899.50
1 1/21+ 4 2,056.00h
211 7 3,598.00 r t
311 16 8,224.00 °
4*1 28 14,3 92.00 �._.� .,,_.... _. .'. _ . .
6++ 64 32,846.00
$" 104 51,490.00
10" 150 77,100.00