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Home My WebLink AboutContract 18603RESOLUTION NO. 532 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE WORTH, that: AGREEMENT - .ze WHEREAS, on the llth day ❑f April, 1989, the City of Fort Worth (Fort Worth) and the City of Lake Worth, (Customer), entered into an agreement, same being City of Fort Worth City Secretary Contract No. 17210 whereby Fort Worth agreed t❑ provide water treatment to Customer; and WHEREAS, Fort Worth and Customer desire to amend said City of Fort Worth City Secretary Contract No. 17210, Now, therefore, the City of Fort Worth and the City of Lake Worth, hereby agree as follows: 1. Subsection 1.15 of Section 1 of City of Fort Worth City Secretary Contract No. 17210 is hereby amended, and after having been so amended shall be and read as follows: "1.15 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." 2. Section 1 of City of Fort Worth City Secretary Contract No. 17210 is hereby amended by adding subsection 1.18, which shall be and read as follows: 111.18 Capital improvements means any of the following facilities which provide utility services and benefits common to all customers and that have a life expectancy ❑f 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 (16") and greater in diameter." 3. Section 1 of City of Fort Worth City Secretary Contract No. 17210 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. 17210 is hereby amended by substituting the following for Section 16, and after 2 such substitution, Section 16 of City Secretary Contract No. 17210 be and read as follows: 1116. System Access Fees "16.1 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 t❑ 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, and shall include only those costs associated with General Benefit Facilities expansions and General Benefit Facilities capital improvements necessary to provide service to new development. Nothing within this contract shall be deemed to prevent either Fort Worth ❑r Customer from charging their own retail customers impact fees in excess of the Wholesale System Access Fee provided for herein. "16.2 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 91 maintenance expenses. once expended, such funds and all interest earned thereon will be considered a "contribution" for rate setting purposes only. "16.3 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. "16.4 Neither Fort Worth nor Customer shall forgive ❑r credit any impact fee due from new or enlarged connections to its respective system within its jurisdiction. However, either Fort Worth ❑r Customer may pay such impact fee int❑ the fund required for paying for the capital improvements. "16.5 The Water System Advisory Committee created pursuant to Section 29 hereof shall select five (5) of its members to a subcommittee t❑ 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 also report to the CIFC. The cost of the consultant shall be deemed a System Cost. In the event the CIFC fails to 4 submit a list of five consultants to Fort Worth, Fort Worth shall select a consultant to perform in the manner described herein. "16.6 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 t❑ determine the capital improvements t❑ 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, or access fees, the CIFC shall be furnished a copy of the proposed capital improvement plan ❑r fees at least 30 days prior to any scheduled hearing thereon. 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. 5 "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 [Wanner provided elsewhere herein. "16.10 Fort Worth and Customer agree that the methodol❑gy for the calculation of 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 Water Advisory Committee may engage legal counsel to work with Fort Worth to propose amendments to this contract to conform it t❑ 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. 17210 not amended hereby are unaffected and continue in full force and effect. IN WITNESS WHEREOF, the parties heret❑ have caused this agreement to be executed by their respective officers thereunto duly authorized. ATTEST: `J,ryla'� C ty Secretary APPROVED AS TO FORM AND LEGALITY: City Atto ney ATTEST: APPROVED AS TO FORM AN LEGALITY: Attorney CITY OF FORT WORTH City Manager Date: CITY OF LAKE WORTH Mayor Date: �o� 7 EXHIBIT "A" I. Wholesale System Access fee schedule to be collected, effective January 1, 1991. METER SIZE 3/4r' 1 rr 1 1/2" 2'• 3'r 4'r 6 1r 8 ro loll EQUIVALENCY FACTOR 1 1.75 4 7 16 28 64 100 150 WATER ACCESS FEE $ 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 SIZE 3/ 4rr lot 1 1/2" 2 rr 3 rr 411 611 8,1 1010 EQUIVALENCY FACTOR 1 1.75 4 7 16 28 64 100 150 WATER ACCESS FEE $ 293.65 513.89 1,174.60 2,055.55 4,698.40 8,222.20 18,793.60 29,365.00 44,047.50 III. Wholesale System Access Fee schedule to be collected, effective October 1, 1992 until June 5, 1993. METER SIZE 3 / 4 1r 1" 1 1/2" 211 31' 411 6" $ r, 10• EQUIVALENCY FACTOR 1 1.75 4 7 16 28 64 100 150 8 WATER ACCESS FEE $ 335.60 587.30 1,342.40 2,349.20 5,369.60 9,396.80 21,478.40 33,500.00 50,340.00