HomeMy WebLinkAboutContract 26116 CONTRACT NO Y I/(p
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND THE CITY OF KELLER
STATE OF TEXAS
COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS:
This Agreement is entered into this/Aday of July, 2000, between the City of
Keller, acting by and through Lyle H. Dresher, its duly authorized City Manager,
hereinafter referred to as Keller, and the City of Fort Worth, acting by and through Mike
Groomer, its duly authorized Assistant City Manager, hereinafter referred to as Fort
Worth,both of Tarrant County, State of Texas.
WHEREAS, this Agreement is made under the authority of Sections 791.001 -
791.029, Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement
is in the common interest of both parties, that the undertaking will benefit the public and
that the division of costs fairly compensates the performing party for the services or
functions under this agreement; and
WHEREAS, each governing body agrees to share in the cost of the services as
stated below; and
WHEREAS, on December 7, 1999, Keller and Fort Worth entered into a
Memorandum of Understanding (MOU) related to the long term provision of treated
water to Keller by Fort Worth, which is attached hereto and incorporated herein as
Exhibit"A"; and
WHEREAS, the MOU provides that Keller will (1) process the transfer of that
portion of its Certificate of Convenience and Necessity (CCN) that is within the corporate
limits of Fort Worth and within the extraterritorial jurisdiction of Fort Worth located west
of US Highway 377 and (2) continue to serve the existing customer base through an
Interlocal Agreement for a period not to exceed five years;
NOW THEREFORE, Keller and Fort Worth mutually agree as follows:
1. That the above recitations are true and correct and are hereby incorporated
in their entirety.
C0Ivy�CEERA)\IV
N. G"
2. Keller agrees to actively support Fort Worth's Application No. 32935-C
for the transfer of a portion of Keller's CCN No. 10975 to Fort Worth's CCN No. 12311,
which Application is pending at the Texas Natural Resource Conservation Commission
("TNRCC") and which covers the area as shown in yellow on Exhibit `B" to this
Agreement, hereinafter referred to as the "Area."
3. To allow for an orderly period of transition of service from Keller to Fort
Worth, Keller agrees to continue to provide water to the existing customers located
within the Area with existing Keller infrastructure for a period of up to five years
following the date that the TNRCC approves the inclusion of the Area in Fort Worth's
CCN.
4. Keller agrees that it will transfer to Fort Worth all of its water service
facilities that are located within the Area at such time as the parties transition the service
from Keller to Fort Worth.
5. Keller agrees that it shall not be entitled to any payment for transfer of the
CCN for the Area or for the transfer of its facilities located within the Area.
6. Upon TNRCC approval of Fort Worth as the singly certificated water
provider in the Area, Fort Worth shall be solely responsible to the TNRCC for
compliance with the CCN service obligations in the Area and for complying with all
other applicable provisions of Chapter 13 of the Texas Water Code and TNRCC rules
promulgated there under. Further, neither Fort Worth nor Keller shall file any
proceedings with the TNRCC to enforce any private agreements between Fort Worth and
Keller.
7. Nothing in Paragraph 5 above shall affect the enforceability, as between
Fort Worth and Keller, of the parties' existing or future agreements concerning the
provision of water utility service to customers in the Area during the five-year transition
period.
8. At any time during the five year transition period, should Keller determine
not to provide water to all or any part of the Area, Keller shall give written notice to Fort
Worth of such determination at least 90 days prior to the date Keller sets for termination
of service, together with a map of the area where service is to be terminated and a list of
the customers (including name and address). The transfer of Keller facilities within the
KELLER FORT WORTH INTERLOCAL AGREEMENT f ^ h I1�I'J�C(Q
CERTIFICATE OF CONVENIENCE AND NECESSITY ��!II U �'�' Caw J:��.J(�U=
Page 2 of 4
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Area shall be completed by a bill of sale or such other document as may be agreed to by
the parties to be executed within 90 days following the end of the five-year transition
period or such earlier date that Keller determines to discontinue service to the Area
pursuant to the procedures set out herein.
9. In the event new customers within the Area request water service during
the five-year transition period, Fort Worth will be responsible for providing water service
to those new customers, either directly or through another interlocal agreement between
the parties.
10. During the five-year transition period, Keller shall bill customers to whom
it provides water service at the current tariff rate established by Keller, unless a different
rate is required by the TNRCC. No consideration shall be given Keller for volume or rate
of use charges for water delivered to the Area during such time as Keller is billing
customers within the Area.
11. The foregoing obligations are in addition to any obligations contained in
the wholesale water contract between the parties. This Agreement shall not amend,
diminish or alter the terms, conditions and covenants contained in the wholesale water
contract.
Effect of Agreement.
1. Nothing in the performance of this Agreement shall impose any liability
for claims against either Fort Worth or Keller other than claims for which the Texas Tort
Claims Act may impose liability.
2. The parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
3. By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those stated in the Agreement; further, this
Agreement shall not create any rights in any party not a signatory to the Agreement.
4. No provision or term contained in this agreement shall be construed to
create any type of partnership or joint venture between the parties hereto, nor shall same
create any rights or liabilities except as stated herein.
CNIM
KELLER FORT WORTH INTERLOCAL AGREEMENT
CERTIFICATE OF CONVENIENCE AND NECESSITY Ip ti INi�Jul:``! ISf/�o
Page 3 of 4 F
5. This agreement is subject to all applicable federal and state laws and any
applicable permits, amendments, orders or regulations of any state or federal government
authority having or asserting jurisdiction.
6. In addition to any other remedy as may be provided by law, this agreement
shall be specifically enforceable by the parties hereto. Venue for any action shall lie
exclusively in Tarrant County, Texas.
7. This Agreement shall become effective immediately upon the execution
by the authorized official from each entity.
EXECUTED this�f(day of July, 2000.
ATTEST: CITF LLER
y
4nerefary Lyle e
City Manager
Approv as rm an Le lity:
L. kj!ntA LowAttoppy
A T.
CIT F FO T WOR
gy; ,L---
City Secretary( �� Mike Uroom
Assistant City Manager
Approved as to Form and
Leg lity:
ssis ity ttorney
Contract Authorization
Date
KELLER FORT WORTH INTERLOCAL AGREEMENT i il U C iS' Iti:IS R
CERTIFICATE OF CONVENIENCE AND NECESSITY
Page 4of4 o1`r nrIJ,s�;, ! , n
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MEMORANDUM OF UNDERSTANDING
LONG TERM WATER SUPPLY CONTRACT
BETWEEN THE CITIES OF h'ELLER AND FORT WORTH
This Memorandum of Understanding is executed . as of the day of
-%lb , by the City Manager of the City of Keller, Texas and the
City Manager of the City of Fort Worth, Texas. The term sheet attached hereto as
Exhibit "A" is hereby incorporated and made part of this Memorandum of
Understanding for all purposes. The purpose of this Memorandum of Understanding is
to set forth the agreement in principle between Keller and Fort Worth with respect to
conditions by which a long-term water supply contract may be entered into between the
two parties. Upon execution of this Memorandum of Understanding all parties agree to
proceed to finalize all necessary documents (including a schedule of action by
respective City Councils of Keller and Fort Worth) relative to the water supply contract
and related matters. Upon completion of these documents, each City Manager of the
respective City agrees to present the documents to the respective City Councils as soon
as possible
All parties acknowledge that the respective City Councils of each City must approve all
agreements and upon such agreements being finally approved, the City of Fort Worth
will enter into a Uniform Wholesale Water Contract with the City of Keller.
Exhibit "A" rIcor@
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TERIM SHEET
I. City of Keller
A. The City of Keller agrees to constrict a twenty four (24).inch water main from
the existing twenty one (21) inch water main in Alta Vista (to US Hwy. 377) at
Caylor Road at its expense, less participation by the City of Fort Worth for the
difference between the construction cost of a sixteen (16) inch water main and the
twenty four (24) inch water main.
The City of Keller agrees to provide at its sole expense the cost of all
engineering, design, bidding and inspection services'related to the construction of
this main including all necessary permits required from TxDOT, all railroad
crossings (if any) and all easements (City of Fort Worth agrees to provide at no
cost easement rights on property under its control).
B. The City of Keller agrees as part of this project to construct at its sole expense an
additional metering station at US Hwy. 377 and Caylor Road; to include all
engineering, design inspection etc.
The City of Fort Worth will not participate in any of this project cost. The City
of Fort Worth agrees to provide at no cost easement rights on property under its'
control.
The City of Keller agrees to pursue the project including providing the necessary
funding for these improvements as soon as possible.
The City of Fort Worth agrees to assist the City of Keller in acquisition of any
easements for the construction of this project. All cost for such acquisition shall
be borne by the City of Keller. Upon completion of the project by the City of
Keller, the City of Fort Worth agrees to increase the water supply through the
newly constructed system by up to 3 MGD.
C. The City of Keller agrees to provide 75% of the funding necessary to upgrade the
pump and pipeline system at the North Beach Tank. Fort Worth agrees that
Keller's portion of the expense based on a 75%/25% cost sharing ratio shall not
exceed $27,000 including engineering, design, easement inspection and related
cost.
D. The City of Keller agrees to upgrade the existing metering stations (at its sole
expense) located at the North Beach Pump Station and at Pearson Road to meet
current City of Fort Worth specifications. Keller further agrees to assume all
responsibility for coordination of usage billing with the City of Southlake.
Keller agrees to be responsible for all continued billing (if any) between Keller
and Southlake to assure that the City of Fort Worth is held harmless. (This does
not apply to any legitimate dispute in billings between Fort Worth and Keller).
Upon completion and final inspection of these improvements the City of Fort
Worth agrees to assume ownership and maintenance of the metering stations.
E. The City of Keller agrees to provide information concerning any and all
connections outside the corporate limits of Keller, as well as information
concerning any and all interconnections to other water systems whether public or
private. The City of Keller agrees, upon request by the City of Fort Worth to
eliminate any unauthorized or inappropriate connections.
F. The City of Keller agrees to provide at no cost to the City of Fort Worth
easement rights on property under its control for Fort Worth's construction of the
Big Bear Sanitary Sewer Main. Keller further agrees if requested to assist Fort
Worth in acquiring other easements within Keller's jurisdiction for this project.
Keller shall bear no cost for such acquisition.
G. The City of Keller agrees to immediately process the transfer of the remaining
portion of the Keller CCN that is in the City of Fort Worth or within the City of
Fort Worth's ETJ West of US Hwy 377 to Fort Worth (Map to be included) and
to actively support the City of Fort Worth's application to include this area in the
CCN of the City of Fort Worth.
The City of Keller agrees following the transfer of the CCN to continue
providing water to the existing customer base through an Interlocal Agreement
for a period not to exceed five (5) years from the date of the TNRCC's approval
of the CCN transfer. The City of Keller agrees that no compensation for the
CCN area and facilities shall be due.
II. City of Fort Worth
A. The City of Fort Worth agrees to enter into a Uniform Wholesale Water
Contract upon approval and execution of the final documents encompassing the
terms herein outlined. (Any amendments to the Uniform Contract would be
subject to mutual acceptance)
B. The City of Fort Worth agrees to pay the first $7,500 associated with the CCN
transfer. Any amount in excess of $7,500 shall be borne on a 50/50 ratio
between the two cities.
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C. Upon approval and execution of the final documents encompassing the terms
herein outlined, the City of Fort Worth agrees to: (1) formally release all
claims including any interest for any unresolved disputed peaking charges
which may have been billed to the City of Keller relating to water usage
between Southlake and Keller; and (2) to release an area of approximately 66
acres of Extraterritorial Jurisdiction as depicted on the attached map in order
that Keller can incorporate the area into its Extra Territorial Jurisdiction area.
Bob Terrell, City Manager
City of Fort Worth
Lyle D Sher, Cit anager
City of Keller
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Exhibit "B"
City of Fort Worth, Texas
"arjor andcommunication
Council
DATE REFERENCE NUMBER LOG NAME PAGE
7/11/00 C-18127 60KELLER 1 of 1
SUBJECT INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR THE TRANSFER OF A
PORTION OF KELLER'S WATER CERTIFICATE OF CONVENIENCE AND
NECESSITY AND TRANSITION PERIOD FOR THE PROVISION OF WATER SERVICE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement
with the City of Keller providing for the transfer of a portion of Keller's water Certificate of Convenience
and Necessity (CCN) and providing for Keller to provide water service to the transferred area for a
period of time not to exceed five years.
DISCUSSION:
On December 7, 1999, the cities of Fort Worth and Keller entered into a Memorandum of
Understanding (MOU) related to the long-term provision of water to Keller by Fort Worth. Under the
terms of the MOU, Keller and Fort Worth agreed to cooperate on the transfer to Fort Worth of that
portion of Keller's CCN within the corporate limits of Fort Worth and within the extraterritorial jurisdiction
of Fort Worth, located west of US Highway 377.
In addition, to allow an orderly transition of service in the area from Keller to Fort Worth, Keller agrees
to continue to provide service for a period of time not to exceed five years to the existing customer base
within the area to be transferred. Further, Keller acknowledges that it is not entitled to any monetary
consideration for the area being transferred to Fort Worth or water facilities within the area. The
interlocal agreement formalizes those portions of the MOU.
In addition, the MOU contained obligations related to the construction of certain facilities and cost
sharing for those facilities. These facilities are in the process of being constructed. Keller has met or is
meeting all of its responsibilities and duties under the MOU.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
ike Groomer 6140 CITY COUNCIL
Originating Department Head:
.►UL 11 2000
Dale Fisseler 8207 (from)
Additional Information Contact: city S.Metary of 60��
Citg of Fartwo�
Dale Fisseler 8207
cid o LLED
July 20, 2000
Mr. Gary J. Steinberger
Assistant City Attorney
Office of the City Attorney
The City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Interlocal Agreement Between the City of Keller and the City of Fort Worth
Dear Mr. Steinberger:
Enclosed, please find four (4) executed originals of the above-referenced
agreement, as approved by Resolution No. 1462 on July 18, 2000.
Upon your execution, please return an original to my attention.
Thank
resher
City Ma
LHD:Igc
Enclosures
158 SOUTH MAIN STREET • P.O. BOX 770 KELLER,TEXAS 76244 • (817)431-1517 Fax (817)431-5867
Web: 0 E-mail:cityotkeller@gte.net
1 RESOLUTION NO. 1462
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER,
3 TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF KELLER AND THE CITY OF FORT WORTH RELATING TO THE
4 MEMORANDUM OF UNDERSTANDING APPROVED BY BOTH CITIES ON
DECEMBER 7, 1999; AND AUTHORIZING THE CITY MANAGER TO
5 EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF KELLER,
TEXAS .
6
WHEREAS, on December 7, 1999, the cities of Keller and
7 Fort Worth entered into a Memorandum of
Understanding relating to the Keller Water
8 Certificate of Convenience and Necessity, the
extra-territorial jurisdiction of Fort Worth,
9 water transmission, and the long-term
10 wholesale water supply contract; and
11 WHEREAS, it has been determined by both parties that
said Memorandum of Understanding is in the
12 best interest of the health, welfare and
safety of the citizens of the City of Keller,
13 Texas; and that said Agreement be executed.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KELLER, TEXAS :
15
Section 1 : THAT, the above findings are hereby found to
16 be true and correct and are incorporated
17 herein in their entirety.
18 Section 2 : THAT, the City Council of the City of Keller,
Texas hereby approves the Interlocal
19 Agreement between the City of Keller and the
City of Fort Worth relating to the Memorandum
20 of Understanding heretofore approved by both
parties on December 7 , 1999 and authorizes
21 the City Manager to execute said Agreement on
behalf of the City of Keller, Texas .
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1 AND IT IS SO RESOLVED.
2 Passed by a vote of 5 to 0 on this the 18th day of July,
2000 .
3
4 CITY OF KELLER, TEXAS
5
6 BY:
7 avid C . Phillips, ayor
8 ATTEST :
9
10 Shei Stephe i y Secretary
11 Approve as oF rm nd Legality:
12
13 L . St to w , C ' y Attorney
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SPECIAL CITY COUNCIL MEETING
AUGUST 4, 2005
On the 4h day of August, A.D., 2005, the City Council of the City of Fort
Worth, Texas, special session was cancelled.
Attest: Approved:
Marty Hendrix Michael J. Moncrief
City Secretary Mayor