HomeMy WebLinkAboutOrdinance 1716
ORDINANCE NO. 1716
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/TRA/NRH/Hurst Wastewater Agreement - 1991" which amends City
of Fort Worth City Secretary's Contract No. 16152 as the act and deed of this
City.
PASSED AND APPROVED this 25th day of February, 1991.
TO~~~
ATTEST:
(~'/-- ,'=fd,vt~ ~)
J ,tnette Rewis, City Secretary
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APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for
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AGREEMENT
CITY SECRET MY
CONTRACT No/1160 /
the City of Fort
WHEREAS, on the 21st day of December, 1987,
Worth (Fort Worth) and the Trinity River Authority (TRA), the City
of Hurst and the Ci ty of North Ri chI and Hi 11 s (coll ecti ve 1 y
referred to as Cities), entered into an agreement, same being City
of Fort Worth City Secretary Contract No. 16152, whereby Fort Worth
agreed to provide wastewater treatment to TRA and Cities; and
WHEREAS, Fort Worth, TRA and Cities desire to amend said City
of Fort Worth City Secretary Contract No. 16152,
Now, therefore, the City of Fort Worth and the Trinity River
Authority, the City of Hurst and the City of North Richland Hills
hereby agree as follows:
1.
Subsection 1.27 of Secti on 1 of Ci ty of Fort Worth Ci ty
Secretary Contract No. 16152 is hereby amended, and after having
been so amended shall be and read as follows:
"1.27 Wholesale System Access Fee - A capital
contribution funding or recouping the costs of
General
Benefit
Facilities
capital
improvements or General Benefit Facilities
facility
expansions
necessi tated by
and
attributable to new development."
2 .
Section 1 of City of Fort Worth City Secretary Contract No.
16152 is hereby amended by adding subsection 1.30, which shall be
and read as follows:
"1.30 Capi tal 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 the Ci ties or wi thin the
service area of TRA: wastewater treatment
facilities, metering and sampling facilities,
control systems and appurtenances, and all
major coll ectors and interceptors that are
eighteen inches (18") and greater in diameter
and lift stations, if any, associated
therewith."
3.
Section 1 of Ci ty Secretary Contract No.
amended by adding subsection 1.31, which shall
follows:
16152 is hereby
be and read as
"1.31 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 incl ude the
repair, maintenance, modernization, or an
2
expansion of an existing faci 1 i ty to bet ter
serve existing development."
4.
City of Fort Worth City Secretary Contract No. 16152 is hereby
amended by substituting the following for Section 28, and after
such substitution, Section 28 of City Secretary Contract No. 16152
shall be and read as follows:
"28. Wholesale System Access Fees
"28.1 On a quarterly basis, TRA and Cities agree to pay to
Fort Worth a Wholesale System Access Fee for each new or enlarged
connection for wastewater service made within the respective
jurisdiction of TRA or the Cities served by the General Benefit
capital facilities of the Fort Worth System. The Wholesale System
Access Fee to TRA or to the Cities 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 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 to new development. Nothing within
this contract shall be deemed to prevent either Fort Worth or the
Ci ties from charging their own retai I customers impact fees in
excess of the Wholesale System Access Fee charge provided for
herein.
3
"28.2 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 those
types of capital improvements or facility expansions as permitted
by Chapter 395, ~ex_as Local Gov~nment Code, or any amendment
thereto, or by any successor statute thereto, and will not be used
for operation and maintenance expenses. Once expended, sùch funds
and all interest earned thereon wi II be considered a "contribution"
for rate setting purposes only.
"28.3 TRA and Ci ties shall provide to Fort Worth such
information that relates to the making of new and/or enlarged
connections within their respective service areas as may be
requested by the Director, including but not limited to building
permits, with each quarterly payment required in this section.
"28.4 Neither Fort Worth nor Cities shall waive any impact
fee due from a retail customer for a new or enlarged connection to
its respective system wi thin its service area. However, ei ther
Fort Worth or Cities may pay such impact fee into the fund required
for paying for the capital improvements.
"28.5 The Wastewater System Advisory Committee created
pursuant to 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,
4
, .
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 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.
"28.6 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 incl ude other
capital improvements for the purpose of determining impact fees to
its own retai 1 customers. Fort Worth shall not be requi red 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 al so meet wi th Fort Worth's
ci tizen advisory commi t tee as such ci tizen' s advisory commi t tee
reviews and considers 1 and use assumptions / the capi tal
improvements plan and impact fees.
"28.7 Prior to the adoption of any land use assumptions,
capital improvements, or access fees, the CIFC shall be furnished
5
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 Whol esal e
Wastewater Advisory Committee an audited financial statement of the
Fort Worth Water Department's records.
"28.9 For the period of time from the date of execution
hereof until June 30, 1993, TRA and the Cities agree to pay to Fort
Worth Wholesale Wastewater Access Fees per new connection based
upon the size of the water meter, such fees to be equal to or less
than those amounts set forth in Exhibit "A" attached hereto and
incorporated herein for all intents and purposes. The actual
Wholesale System Access Fee to be paid by either TRA or Cities
shall be determined by the City Council of Fort Worth. After June
5, 1993, TRA and the Ci ties agree to pay access fees in such
amounts as may be determined in the manner provided el sewhere
herein."
"28.10 Fort Worth, 'l'RA and the Ci ties agree that the
methodology for the calculation of 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 methodology 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 to
conform it to such amendment or new statute. The reasonable cost
of such legal counsel shall be a system cost."
6
5 .
All other terms and conditions of City of Fort Worth city
Secretary Contract No. 16152 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
f-
ÆfJI<
c1fy :~creta
~
By: _______
City Manager
APPROVED AS TO FORM
AND LEGALITY:
r-~¡~
ßo~eY
Date:
TRINITY RIVER AUTHORITY
Secretary
Board of DiLectors
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Date: ~ ~~ /'11/
(! -' /.?l 9~3Þ
Contract Authorization
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Date
7
ATTEST:
CITY OF HURST
BY:----M~ ~
_Cli!ArJc;f¡_,_I~vt~_._..
Ci tyUS~retary (J
APPROVED AS TO FORM
N LE.GALITY:
ornr¡fJW
Date:
LI/191
ATTEST:
CITY OF NORTH RICHLAND HILLS
C1~~
fty Secretary
~1-')~
Mayor
APPROVED AS TO FORM
~;~~
~ttorneY
Date:
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8
EXHIBIT "A"
I. Wholesale System Access Fee schedule effective the
date of execution.
METER
SIZE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
EQUIVALENCY
FACTOR
WASTEWATER ACCESS
FEE
1
1.75
4
7
16
28
64
100
150
$
161.00
281. 75
644.00
1,127.00
2,576.00
4,508.00
10,304.00
16,100.00
24,150.00
I I. Whol e System Access Fee schedul e effecti ve October
1, 1991.
METER
SIZE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
EQUIVALENCY
FACTOR
WASTEWATER ACCESS
FEE
1
1. 75
4
7
16
28
64
100
150
$
449.75
787.06
1,799.00
3,148.25
7,196.00
12,593.00
28,784.00
44,975.00
67,462.50
III. Wholesale System Access Fee Schedule effective
October 1, 1992, until June 5, 1993.
METER EQUIVALENCY WASTEWATER ACCESS
SIZE FACTOR FEE
3/4" 1 $ 514.00
1" 1. 75 899.50
1 1/2" 4 2,056.00
2" 7 3,598.00
3" 16 8,224.00
4" 28 14,392.00
6" 64 32,896.00
8" 100 51,400.00
10" 150 77,100.00