HomeMy WebLinkAboutContract 18568y ILI
AGREEMENT
WHEREAS, on the 8th day of May, 1987, the City of Fort Worth
(Fort Worth) and City of Saginaw, (Customer), entered into an
agreement, same being City of Fort Worth City secretary Contract
No. 15688, 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. 15688,
Now, therefore, the City of Fort Worth and the City of Saginaw
hereby agree as follows:
Subsection 1.26 of Section 1 of City of Fort Worth City
Secretary Contract No. 15688 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 1 of City of Fort Worth City Secretary Contract No.
15688 is hereby amended by adding subsection 1.29, which shall be
and react as follows:
$11.29 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: 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. 15688 is hereby
amended by adding subsection 1.30, which shall be and read as
follows:
"1.30 Facility Expansion - The expansion of
the capacity ❑f an existing tacility that
serves the same function as an ❑therwise
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 t❑ better
serve existing development."
4.
City of Fort Worth City Secretary Contract No. 15688 is hereby
amended by substituting the following for Section 28, and after
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such substitution, Section 28 of City Secretary Contract No. 15588
shall be and read as follows:
"28. Wholesale System Access Fees
"?8.1 ❑n a quarterly basis. Customer agrees to pay to Fort
Worth a Wholesale System Access Fee far each new ❑r enlarged
connection for wastewater service made within Customer's service
area served by the General Benefit capital facilities of the Fart
Worth System. The Wholesale System Access Fee to Customer for each
such connection shall be based upon the size of water meter and
shall he equal to the Wholesale System Access Fee collected for the
same size water meter made within the jurisdiction of Fort Worth.
The calculation ❑f 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 t❑ 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 t❑ pay only for the cost of constructing those
types ❑f capital improvements or facility expansions as permitted
by Chapter 395, Texas Local Government Code, or any amendment
thereto, ❑r by any successor statute thereto, and will not be used
for operation and maintenance expenses. once expended, such funds
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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
payment required in this section.
"2S.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 t❑ 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 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 als❑ revort 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.
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"28.5 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 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 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
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.
23.7 Prier 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 [dater Department's records.
"'?8.9 For the nerzod of time from the date of execution
hereof until June ,a^Y'; 1993, customer agrees to pay to Fort Worth
Wholesale Wastewater Access Fees per new connection based upon the
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size ❑f 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, 1993,
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 ❑f 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 methodol❑gy
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 t❑ 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. 15688 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 thereunto
duly authorized.
0
ATTEST: ]
City Secretary
APPROVED AS TO FORM
AND LEGALITY:
1,^ City Att rney- ---- -
4
ATTEST:
APPROVED AS TO FORM
AND LEGALITY:
At am
CITY jFF;TWTH
City Manager
Date:
CITY OF SAGINAW
By -- L - -
Mayor
Date:
EXHIBIT "A"
I. Wholesale System Access Fee schedule effective the
date of execution.
METER
EQUIVALENCY
WASTEWATER ACCESS
SIZE
FACTOR
FEE
3/41P
1
S 161.00
1"
1.75
281.75
1 1/2"
4
644.00
2"
7
1,127.00
3"
16
2,576.00
`1l
28
4,508.00
611
64
10,304.00
8"
100
16,100.00
10"
150
24,150.00
I I . Whole System Access Fee schedule effective October
1, 1991.
METER
EQUIVALENCY
WASTEWATER ACCESS
SIZE
FACTOR
FEE
3/4"
1
$ 449.75
1"
1.75
787.06
1 1/2"
4
1,799.00
2„
7
3,148.25
31F
16
7,196.00
41P
28
12,593.00
6''
64
28,784.00
811
100
44,975.00
10"
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 14 `P
1
$ 514.00
1F'
1.75
899.50
1 1 2
4
2,056.00
2"
7
3,598.00
3„
16
8,124.00
41.
28
14,392.00
6"
64
32,896.00
8"
100
51,400.00
10"
150
77,100.00
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