HomeMy WebLinkAboutOrdinance 18990-01-2010ORDINANCE NO 18990-01 2010
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, CHAPTER 35 "WATER AND SEWERS",
BY AMENDING SECTION 35-56 TO BE NAMED "WHOLESALE
WATER, SEWER AND RECLAIMED WATER RATES" AND BY
AMENDING SUBSECTIONS 35-56(a) AND 35-56(i) AND ADDING
SECTION 35-56(j), BY REVISING AND ADDING CERTAIN
WHOLESALE RECLAIMED WATER RATES AND CHARGES,
MAHING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES, REPEALING ALL ORDINANCES AND PROVISIONS
OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH,
PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY
CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
SECTION 1.
That Section 35-56(a) of Chapter 35 of the Code of the City of Fort Worth (1986), as
amended, is hereby amended by the addition of the following definitions
Reclaimed Water shall mean highly treated effluent from Fort Worth s wastewater treatment
plant, supplied through the reclaimed water transmission and distribution system, which meets or
exceeds the requirements for Type I reclaimed water uses, as set forth by Section 210.33 of the
Texas Admmistratrve Code.
SECTION 2.
That Section 35-56(a) of Chapter 35 of the Code of the City of Fort Worth (1986), as
amended, is hereby amended by the replacement of the definition of wholesale customer with the
following:
A wholesale customer is a municipality town, village, or other governmental entity or
pnvate firm contracting with a governmental entity for the provision of water reclaimed water
and/or wastewater service.
SECTION 3
That Section 35-56(i) of Chapter 35 of the Code of the City of Fort Worth (1986), as
amended, is hereby further amended to be as follows
(i) The following schedule of rates per month, or fraction thereof, shall be the
charges to all wholesale customers for furnishing reclaimed water to such customers
RATES FOR WHOLESALE RECLAIMED WATER SERVICE
Volume ($/1 000 gallons)
October 1 2010 to September 30 2012 $1 45
October 1 2012 to September- 30 2014 $1 50
Starting October 1 2014 the Wholesale Reclaim Water Service Rates will increase by
five (5) percent annually until such time as the cumulative amount of the annual system
deficits has been recovered.
The Customer shall be charged on a monthly basis the volume rate charge multiplied by a
minimum fifty (50) percent of the Customer's contracted average monthly amount (Annual
Amount dnvided by 12 months) m order to establish a mmnmum cash flow to meet the
operating and debt expenditures for the system.
SECTION 4.
That Section 35-56of Chapter 35 of the Code of the City of Fort Worth (1986), as
amended, ns hereby further amended by the addrtnon of subsection (j) to be as follows
(j) A permit/contract fee up to five thousand dollars ($5 000 00) will be assessed for
a ground water remediation discharge permit. The term of the permit/contract shall not
exceed two (2) years. In addition to a volume charge based on current rates, a monthly
service fee of four dollars and fifty cents ($4 50) will be assessed.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinance and such Code, m which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It ns hereby declared to be the intention of the City Council that the sectnons, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent ~unsdnction, such unconstntutionahty shall not
affect any remamm~g phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the mcorporatnon m this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
This ordinance shall take effect on October 1 2010
APPROVED AS TO FORM AND LEGALITY
Chnsta .Reynolds
Assistant City Attorney
ADOPTED January 12, 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: 'Approved on 1/12/2010° -Ord. No. 18990-0'1-2010
.. _ .... _~~ .,.,u„
DATE Tuesday January 12 2010 REFERENCE NO G-16809
LOG NAME. 60WHOLESALE RECLAIM WATER RATES
SUBJECT
Adopt Ordinance Establishing Wholesale Reclaimed Water Service Rates and Amending Chapter 35
Water and Sewer Article III Charges Sections 35-56 Water and Sewer Rates Within the City
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance establishing wholesale reclaimed
water service rates and amending Chapter 35 Water and Sewer Article III Charges Section 35-56 Water
and Sewer Rates within the City
DISCUSSION
On November 9 2004 the City Council approved Resolution No 3137 requesting financial assistance
from the Texas Water Development Board (TWDB) for a Regional Facility Planning Grant to develop the
Fort Worth Water Reuse Priority and Implementation Plan On May 10 2005 The City Council approved
City Secretary Contract No 31841 (M&C C-20721) with Alan Plummer Associates, Inc. (APAI} to design
the Eastside Reclaim water system and to assist with development of wholesale contracts for service to
the Cities of Arlington and Euless and the DFW International Airport. Future plans for the Reclaimed'
Water Service includes establishment of a separate fund (Reclaimed Water) in the next budget cycle
With the start-up of the reclaimed water system staff initially does not anticipate being able to initially
recover the capital and operational costs of the system through rate If the current wholesale customers
were charged the full rate to include cost recovery of the city's capital expenses participation as a
wholesale of reclaimed water customer would not be economical Staff looked at reclaimed water rates
charged by other cities and work with initial wholesale customers to develop an economical wholesale
reclaimed water rate Initially any deficits between revenues and expenditures will be absorbed by the
Sewer Operating Fund This financial support will eventually be recouped through the city's wastewater
system The rate at which the funds are recovered will be determined by the actual demands for
reclaimed water If actual demands exceed projected demands, the funds will be recouped within the first
five years
Wholesale reclaimed water rates will be calculated with minimum payments due each month based on 50
percent projected average monthly demand to help generate cash flow The proposed wholesale reclaim
water rates are set at:
~. _ _ __ ~e _ ,~
;Fiscal Year 2011 Fiscal
Year 2012
Fiscal Year 2013 Fiscal
Near 2014
Rates set at $1 45/1 000 gallons
set at $1 50/1 000 gallons
Startrng in Fiscal Year 2015 Rates will increase by five percent annually until such time
___~..
~ _r
Logname. 60WHOLESALE RECLAIM WATER RATES Page 1 of 2
the cumulative amount of the annual system deficits has
~n recovered
After the annual system deficits have been recovered the rates will be set annually on a full cost of
service basis as determined by an independent rate consultant.
This ordinance amends Chapter 35 Water and Sewer Article III Charges Section 35-56 to change its
name to be Wholesale Water Sewer and Reclaimed Water Rates within the city and to include provisions
for wholesale reclaimed water rates and assessment with the addition of subsection 35-56(j)
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that the Engineering and Fiscal Services Division of
the Water Department is responsible for collection and deposit of funds due to the City
FUND CENTERS
TO Fund/Account/Centers
PE45 493XXX 0701000 0.00
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact:
Fernando Costa (6122)
S Frank Crumb (8207)
David Townsend (8430)
Logname• 60WHOLESALE RECLAIM WATER RATES Page 2 of 2