HomeMy WebLinkAboutOrdinance 1711
ORDINANCE NO. 1711
BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached document
identified as "FW/NRH Water Agreement - 1991" which amends City of Fort Worth
City Secretary's Contract No. 17215 as the act and deed of this City.
PASSED AND APPROVED this 11th day of February, 1991.
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ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
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Rex McEntire, Attorney for the City
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FW/NRH Water Agreement - 1991
AGREEMENT
WHEREAS, on the 6th day of July, 1989, the City of Fort Worth
(Fort Worth) and the City of North Richland Hills, (Customer),
entered into an agreement, same being Ci ty of Fort Worth Ci ty
Secretary Contract No. 17215 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. 17215,
Now, therefore, the City of Fort Worth and the City of North
Richland Hills, hereby agree as follows:
1.
Subsection 1.15 of Section 1 of Ci ty of Fort Worth Ci ty
Secretary Contract No. 17215 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
faci 1 i ty expansions necessitated by and
attributable to new development."
2.
Section 1 of City of Fort Worth City Secretary Contract No.
17215 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 (16") and greater in diameter."
3.
Section 1 of City of Fort Worth City Secretary Contract No.
17215 is hereby amended by adding subsection 1.19, which shall be
and read as follows:
"1.19 Facility Expansion - The expansion of
the capacity of an existing facility that
serves the same function as an otherwise
necessary new capi tal 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 faci 1 i ty to better
serve existing development."
4.
City of Fort Worth City Secretary Contract No. 17215 is hereby
amended by substituting the following for Section 16, and after
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such substitution, Section 16 of City Secretary Contract No. 17215
be and read as follows:
"16. 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 will be directly related
to the benefit provided to Customer by Fort Worth. The charge will
be a fractional part of the fee imposed within Fort Worth for the
same size of meter based on the ratio of the annual amounts of
water purchased from Fort Worth to the total annual combined amount
of water purchased from Fort Worth and Trini ty River Authority
(TRA). For purposes of calculating this fractional part, this
ratio will be the greater of the most recent prior annual ratio or
the most recent 3 year average ratio, occurring after the first
fiscal year of this amendment adoption.
For example, if the impact fee ordinance adopted in Fort Worth
in fiscal year 1990-1991 contained a schedule of fees which set the
fee at $251.70 for a 3/4 inch meter, the fractional part would be
calculated as follows:
Water Purchased Total Water Purchased
From Fort Worth Fort Worth and TR~ Ratio
2,265,040,000 3,162,751,000 .72
The ratio is .72; the customer would pay $181.22 to Fort Worth
for every 3/4 inch meter and the same fractional part multiplied
Year
1990
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by the Fort Worth fee for each and every other size meter as
imposed in the Fort Worth ordinance. In subsequent years, the
ratio used will be the most recent ratio or the most recent three
year average, whichever results in a higher ratio.
"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
maintenance expenses. Once expended, such funds and all interest
earned thereon wi 11 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
wi thin 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 Nei ther Fort Worth nor Customer shall forgive or credi t
any impact fee due from new or enlarged connections to its
respective system within its jurisdi~tion. However, either Fort
Worth or Customer may pay such impact fee into 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
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subcommi t tee to be known as the Customer Impact Fee Commi t tee
(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
I ist to assist Fort Worth in developing I and 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 al so report to the CIFC. The cost of the consul tant
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.
"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
to determine the capi tal improvements to be incl uded' in the
calculation of any Wholesale System Access Fees. The CIFC'shall
recommend to the Water System Advisory Commi ttee which capi tal
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
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reviews and considers 1 and use assumptions, the capi tal
improvements plan and impact fees.
"16.7 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 or fees at least
30 days prior to any scheduled hearing thereon.
"16.8 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 connecti on based upon Exhibi t "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 elsewhere herein.
"16.10 Fort Worth and Customer agree that the methodology 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. wi th 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 system
cost."
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5.
All other terms and condi tions of Ci ty of Fort Worth Ci ty
Secretary Contract No. 17215 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.
ATTEST:
CITY OF FORT WORTH
By:
City Secretary
City Manager
APPROVED AS TO FORM
AND LEGALITY:
Date:
City Attorney
ATTEST:
CITY OF NORTH RICHLAND HILLS
By:............ .~'r~7~~~
Mayor
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APPROVED AS TO FORM
AND LEGALITY:
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Attorney
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Date: 2./ / ) ~/ )ì/
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EXHIBIT "A"
I. Whol esal e System Access fee schedul e to be
collected, effective January 1, 1991.
METER EQUIVALENCY WATER ACCESS
SIZE FACTOR FEE
3/4" 1 $ 251.70
1" 1.75 440.48
1 1/2" 4 1,006.80
2" 7 1,761.90
3" 16 4,027.20
4" 28 7,047.60
6" 64 16,108.80
8" 100 25,170.00
10" 150 37,755.00
II. Wholesale System Access Fee schedule to be
collected,g effective October 1, 1991.
METER EQUIVALENCY WATER ACCESS
SIZE FACTOR l.U
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
I I I. Whol esal e System Access Fee schedul e to be
collected, effective October 1, 1992 until June 5, 1993.
METER
SIZE
EQUIVALENCY
FACTOR
WATER ACCESS
FEE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
1
1.75
4
7
16
28
64
100
150
$ 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