HomeMy WebLinkAboutContract 18858JUL V 9 50
CITY SECRET -
AGREEMENT CQN TRACT No"
WHEREAS, on the 27th day of June, 1989, the City of Fort Worth
(Fort Worth) and the City of Haltom City, (Customer), entered into
an agreement, same being City of Fort Worth City Secretary Contract
No. 17206 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. 17206,
Now, therefore, the City of Fort Worth and the City of Haltom
City hereby agree as follows:
1.
Subsection 1.15 of Section 1 of City of Fort Worth City
Secretary Contract No. 17206 is hereby amended, and after having
been so amended shall be and read as follows:
111.15 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."
M
Section 1 of City of Fort Worth City Secretary Contract No.
17206 is hereby amended by adding subsection 1.18, which shall be
and read as follows:
"1.18 Capital improvements means any of the
following facilities which provide utility
services and benefits common 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 Customer: water treatment
facilities, metering facilities, control
systems and appurtenances, storage facilities,
pumping facilities and all mains that are
sixteen inches (1611) and greater in diameter."
3.
Section 1 of City of Fort Worth City Secretary Contract No.
17206 is hereby amended by adding subsection 1.19, which shall be
and read as follows:
111.19 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. 17206 is hereby
amended by substituting the following for Section 16, and after
such substitution, Section 16 of City Secretary Contract No. 17206
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be and read as follows:
1116. System Access Fees
1116.1 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 Water
System. The Wholesale System Access Fee to the 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 Wholesale System Access Fee shall be
consistent with all applicable state and federal regulations,
including Chapter 395, Texas Local Government Code, or any
amendment or successor statute thereto, and shall include only
those costs associated with General Benefit facility 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 provided for herein.
1116.2 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 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
3
maintenance expenses. Once expended, such funds and all interest
earned thereon will be considered a "contribution" for rate setting
purposes only.
1116.3 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
payment required in this section.
1116.4 Neither Fort Worth nor Customer shall waive 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.
1116.5 The Water System Advisory Committee created pursuant
to Section 15 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, Fort Worth will
update the land use assumptions and capital improvements plan upon
which the Wholesale System Access Fees are based. In June 1992 and
every three years thereafter, 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.
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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.
1116.6 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.
1116.7 Prior to the adoption of any land use assumptions,
capital improvements plan, or access fees by Fort Worth, the CIFC
shall be furnished a copy of the proposed land use assumptions,
capital improvement plan or access fees at least 30 days prior to
any scheduled hearing thereon. Any revised access fee adopted
pursuant to such updated capital improvements plan shall not take
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effect for a period of at least ninety (90) days after adoption by
Fort Worth.
1116.8 Each year Fort Worth shall provide to the Wholesale
Water Advisory Committee an audited financial statement of the Fort
Worth Water Department's records.
"16.9 For the period of time from January 1, 1991 until June
5, 1993, Customer agrees to pay to Fort Worth the water access fees
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 in this Section 16.
1116.10 Fort Worth and Customer agree that the methodology for
the calculation of Wholesale System Access Fees required herein
shall be consistent with the methodology prescribed by Chapter 395,
Texas Local Government Code, or any amendment or successor statute
thereto. 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 a system cost."
5.
All other terms and conditions of City of Fort Worth City
Secretary Contract No. 17206 not amended hereby are unaffected and
continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
2
agreement to be executed by their respective officers thereunto
duly authorized.
ATTEST:
ZCity Secretary
APPROVED AS TO FORM
AND LEGALITY:
City Atto ney
ATTEST:
CLU � - 1�d mm-,,
City S retary
APPROVED AS TO FORM
AND LEGALITY:
(i (%�
Attorney
CITY OF FORT WORTI
lk
By:
City `Manager
Date:
CITY OF HALTOM CITY
By: Q .�
J Mayor
Date:
Contract Authorization
Date
EXHIBIT "All
I. Wholesale System Access fee schedule to be collected,
effective January 1, 1991.
METER
EQUIVALENCY
SIZE
FACTOR
3/4"
1
1"
1.75
1 1/2"
4
2"
7
3"
16
4"
28
6"
64
8"
100
10"
150
WATER ACCESS
FED.
$ 251.70
440.48
1,006.80
1,761.90
4,027.20
7,047.60
16,108.80
25,170.00
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
1"
1.75
513.89
1 1/2"
4
1,174.60
2"
7
2,055.55
3"
16
4,698.40
4"
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 ACCESS
SIZE
FACTOR
FEE
3/4"
1
$ 335.60
1"
1.75
587.30
1 1/2"
4
1,342.40
2"
7
2,349.20
3"
16
5,369.60
4"
28
9,396.80
6"
64
21,478.40
8"
100
33,500.00
10"
150
50,340.00
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