HomeMy WebLinkAboutContract 26661 �1
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CITY SECRETARY
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EXHIBIT "A" CONTRACT
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND TARRANT COUNTY
STATE OF TEXAS
COUNTY OF TA.RRANT KNOW ALL BY THESE PRESENTS:
This Agreement is entered into this day of 2001,
between the County of Tarrant, acting by and through its County Administrator,
hereinafter referred to as "the County" or "Tarrant County", and the City of Fort Worth,
acting by and through its duly authorized Assistant City Manager, hereinafter referred to
as "the City" or"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 ( 2001, Tarrant County and Fort Worth
entered into a Compromise Settlement Agreement related to the City's June 24, 1999
application to the Texas Natural Resource Conservation Commission (TNRCC) to amend
its water service Certificate of Convenience and Necessity (CCN) to include additional
retail service areas within the City's extraterritorial jurisdiction ("ETJ") in Tarrant,
Denton and Wise Counties (Application No. 32683-C);
WHEREAS, under the terms of the Compromise Settlement Agreement, the
County and the City agreed to establish an Interlocal Board for the implementation of
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procedures for non-binding mediation of disputes that may arise under certain provisions
of the Compromise Settlement Agreement.
NOW THEREFORE, Tarrant County and the City of Fort Worth agree as
follows:
1. Establishment of Board. An Interlocal Water Service Mediation Board (herein
referred to as "the Mediation Board") may from time to time be convened to serve as
a non-binding mediation panel for disputes arising under Paragraph 3 of the
Compromise Settlement Agreement. The Mediation Board shall be composed of
three members, one of whom shall be a Tarrant County commissioner representing at
least some portion of an area for which water service is being requested from the City
(or such Commissioner's designee); one of whom shall be a Fort Worth City Council
member representing the precinct located nearest to the area for which water service
is being requested from the City (or such council member's designee); and one of
whom shall be a member appointed by the Executive Vice-President of the Greater
Fort Worth Builders Association ("GFWBA") (or such Executive Vice-President's
designee).
2. Functions of the Board. The specific function of the Board shall be to assist the
parties in arriving at an agreement concerning the extension cost pursuant to
Paragraph 3. of the Compromise Settlement Agreement, and only with regard to
developers' and landowners' requests for City water service for developments within
those portions of Tarrant County which are located within the City's ETJ and are
covered by the City's CCN No. 12311 now existing and as it may be amended as a
result of Application No. 32683-C or other TNRCC-approved applications for CCN
amendment. Accordingly, the Board shall assist the parties in arriving at an agreed
determination of(1) the estimated cost of extending a water main sized to serve only
the water demands of the residential development at projected maximum build-out
(the "Extension Cost"); and (2) the cost to install and operate a local groundwater
system for the residential development at project maximum build-out (the "Local
System Cost").
3. Convening of Board. Any developer or landowner who believes that the cost of
extending City water service to a residential development is "uneconomical" because
451130-2 INIC- END U
the Extension Cost exceeds the Local System Cost by more than 15% of the Local
System Cost may submit a written request to the City to convene a meeting of the
Board, with copies to the Tarrant County Administrator and the Executive Vice-
President of the GFWBA. Within 7 business days of receipt of the request for a
convening of the Board, the City, the County and the GFWBA shall designate a
representative to serve on the Board who meets the qualifications described in
Paragraph 1. In the event of a conflict involving the person who would otherwise be
or designate a representative, the highest ranking member (or, if none, then the senior
member) of the City Council, the Board of GFWBA, or the Commissioners Court,
respectively, shall be or designate the representative. The initial meeting of the Board
shall be at the earliest practical time and at a place mutually agreeable to the
developer/landowner, the Director of the Fort Worth Water Department and the three
Board members. The Board may continue the mediation proceeding from time to
time and from place to place.
4. Mediation Procedures. The Board may use any non-binding mediation procedures
which the Board in its sole discretion determines will produce an amicable resolution
of the dispute. The Board may employ the services of one or more qualified
professional mediators to assist it if all parties to the mediation proceeding agree to a
sharing of the costs for the professional mediator(s).
5. Costs of Mediation. The City, the County and GFWBA shall each bear the costs of
providing its representative to serve on the Board. Unless otherwise agreed by the
parties to the mediation, all other costs of the mediation shall be shared by each party
on an equal basis.
6. Unsuccessful Mediation. The failure of the Board to achieve an agreed determination
of the Extension Cost and the Local System Cost shall not impair or affect the rights
of the developer/landowner to make an application to the TNRCC to contest or appeal
the City's rates and/or service under the laws then in effect, and not inconsistent with
the terms of the Compromise Settlement Agreement. In the event such an application
is filed at the TNRCC, the City agrees not to contest the TNRCC's jurisdiction to hear
such a case.
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7. Effect of Agreement.
(i). Nothing in the performance of this Agreement shall impose any liability
for claims against either Fort Worth or Tarrant County other than claims for which the
Texas Tort Claims Act may impose liability.
(ii). All rights of GFWBA and any landowner/developer who participates in
the mediation shall be deemed to arise under and be determined by the Compromise
Settlement Agreement and not this Agreement. Accordingly, the parties to this
Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
(iii). By entering into this Agreement, the parties do not intend to create any
liabilities or 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.
(iv). 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.
(v). 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.
(vi.). Nothing in this Agreement shall be construed to alter, expand or limit the
Constitutional or statutory jurisdiction of Tarrant County nor to infringe upon the
Constitutional or statutory jurisdiction of Denton and Wise Counties.
(vii). 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.
(viii). This Agreement shall become effective immediately upon the execution
by the authorized official from each entity.
(ix.). The term of this Agreement shall be for one year from the signature date
of the latest of the two signatories. This Agreement shall be renewed annually by the
respective governing bodies of the City and the County. The City and the County shall
schedule the renewal of this Agreement as an action item on the agendas of their
451130-2
respective governing bodies at least 45 calendar days prior to the end of the then-effective
annual term of this Agreement. Notwithstanding the annual obligation to renew, this
Agreement shall not terminate unless at least 90 calendar days prior to the end of the
then-effective annual term of this Agreement a signatory seeking to non-renew shall give
written notice of such intention to non-renew to the other signatory.
8. Severability.
Should any part of this Agreement be found to be void or unenforceable, the
remainder of this Agreement shall continue in full force and effect.
AT T: CO Y OFT RRANT
r
-"L� By: 'L M
arrant CounIf Clerkaemus
County Administrator
Date:
Pursuant to Tarrant County
Commission
Order No.
Approve as Form:
Assistant DfIrict Attorney
-I CIT O FO H
i r �A T 10 00 &�d4 By:
City Secret e
�
oomer
I- Assistant City Manager
Date: U
Approved as to Form and
Legali
,6�t_Aetit City Attorne
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Contract Authorization
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�! EXHIBIT "B"
AGREEMENT FOR INTERIM WATER SERVICE
This Agreement For Interim Water Service ("Agreement"), is made and entered into as of
the day of , 2001 by and between Development
Company, a Texas corporation duly acting by and through its duly authorized corporate officer
("Developer") and the City of Fort Worth, Texas ("Fort Worth" or "the City"), duly acting by
and through its Assistant City Manager.
WHEREAS, the Developer has submitted a preliminary plan for approval by Fort Worth
of a new -lot subdivision named located in Tarrant County
("the Subdivision") within the City's extra-territorial jurisdiction("ETJ");
WHEREAS, the City has obtained from the Texas Natural Resource Conservation
Commission ("TNRCC") a certificate of convenience and necessity ("CCN") to provide water
service to various portions of the City's ETJ, including the area proposed for the Subdivision;
and
WHEREAS, in order to proceed with the development of the Subdivision, and to promote
orderly development and regionalization of water service within Fort Worth's ETJ, the Parties
hereto desire to establish a procedure for providing interim water service to the Subdivision until
Fort Worth water service is provided under the City's existing water utility extension ordinance
and policies;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
parties hereto agree as follows:
1.0 Construction of Water System
1.1 The Developer hereby agrees to construct, solely at its own cost, a water
distribution system within the Subdivision, including local water mains, valves,
service connections, and fire hydrant connections that comply with City
construction standards and is suitable for connection to the City's water system at
such time as the City's system is extended to the Subdivision.
1.2 The Developer (or a qualified water system operator contracted by the Developer)
shall also be responsible for obtaining all easements, rights-of-way, licenses,
interests, and rights necessary for the construction, installation, use, maintenance,
repair, replacement, extension or improvement of the water distribution system.
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2.0 Interim Water Service
2.1 At any time prior to connection of the Subdivision to the City's water system, the
Developer (or a qualified water system operator contracted by the Developer)
may, at no cost to the City, construct and operate a local groundwater system
sufficient to serve the Subdivision at maximum buildout.
2.2 The local groundwater system may consist of one or more water wells, storage
tanks, treatment facilities, service pumps, pressure tanks and such other facilities
as are necessary to provide water service in accordance with all applicable quality
of service and public water system statutes and rules of the TNRCC.
2.3 To the extent allowed under Chapter 13 of the Texas Water Code (or successor
law) and TNRCC rules, the Developer's costs of the local groundwater system
may be recovered through retail water rates charged to subdivision residents for
the first ten years of the useful life of the local groundwater system.
2.4 To effectuate the provision of interim water service, the City shall support any
application filed by the Developer (or the Developer's qualified contractor) at the
TNRCC for a term transfer of the City's CCN, or for a term CCN, to provide
water service to the Subdivision on an interim basis until City water service is
provided as set forth in Sections 3.0 or 4.0 of this Agreement.
3.0 Water Service at the City's Election
3.1 When the City has constructed the water lines and related water service facilities
necessary to serve the Subdivision, it may elect to connect its water system to the
Subdivision's water distribution system.
3.2 The decision to connect the Subdivision to the City's water system, and the timing
of such decisions, shall be in the sole discretion of the City, except as set forth in
paragraphs 4.1 and 4.2 below.
3.3 At such time as Fort Worth elects to connect its water system to the Subdivision,
the Developer will convey the Subdivision's water distribution system to the City
for a purchase price of$10.
3.4 If Fort Worth elects to connect its water system to the Subdivision at any time
within ten years after the Developer commences water service to residents of the
Subdivision, then, in addition to the purchase of the water distribution system
pursuant to paragraph 3.3 above, Fort Worth will purchase from the Developer all
water production and treatment facilities. The purchase price shall be the original
cost to the Developer of purchasing or constructing the water production and
treatment facilities (not to exceed the fair market value in Tarrant County for
facilities of the same type and specifications), less accumulated depreciation
(calculated following generally accepted utility ratemaking practices), and
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contributions in aid of construction, all at the time of purchase by Fort Worth
(collectively "Net Book Value").
4.0 City Water Service at the Homeowner's Election
4.1 At any time prior to Fort Worth's connection of its water system to the
Subdivision, the homeowners residing in the Subdivision, acting by and through a
legally constituted homeowners association or other representative entity ("the
Homeowners"), may request the City to provide water service to the Subdivision.
4.2 In response to the Homeowners' request pursuant to paragraph 4.1, the City will
construct the necessary extension and connect its system to the Subdivision upon
the performance of the following conditions: the Homeowners shall (1) pay the
City for the cost of extending the nearest available City water main from its then-
existing termination point to the Subdivision; and (2) pay the Developer any
amounts that would otherwise be owed by the City to the Developer under
Paragraphs 3.3 and 3.4 above. The water production and treatment system
(including all water wells) shall become the property of the Homeowners, and the
distribution system shall be transferred to Fort Worth.
4.3 The Developer shall provide written notification to all Subdivision property
owners of the rights and obligations described in Paragraphs 4.1 and 4.2 at the
time of lot conveyance. The Developer shall also set forth the rights and
obligations described in Paragraphs 4.1 and 4.2 in a notation on any recorded
subdivision plat for the Subdivision or in some other instrument recorded in the
Deed Records of Tarrant County.
5.0 Miscellaneous
5.1 The Parties agree that the designation under this Agreement of areas and
customers to be provided water service is valid and enforceable and may be
submitted to the TNRCC for approval at the appropriate time pursuant to Section
13.248 of the Texas Water Code regarding contracts designating areas to be
served by retail public utilities.
5.2 To effectuate the transfer of the water distribution system to the City, upon
connection of the City's water system to the Subdivision pursuant to the terms of
this Agreement, the Developer shall cooperate and assist City to the extent
reasonably necessary to obtain TNRCC approval of any City application to
transfer both the Subdivision water system and the water CCN covering the
Subdivision to the City.
5.3 At such time as the City water system is connected to the Subdivision pursuant to
this Agreement, the Developer will provide the following to Fort Worth (i) the
water pumpage flow volumes in writing for each month of the preceding calendar
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year (ii) the names, addresses, and monthly water meter readings from all water
system customers, in writing and (iii) all water customer deposits.
5.4 If the Developer engages a contractor to provide water service to the Subdivision,
then the Developer will first contractually obligate such contractor to the terms
and conditions of this Agreement.
5.5 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective legal representatives, corporate affiliates, successors
and assigns.
5.6 The Parties acknowledge that each party and its counsel have reviewed and
revised this Agreement and that the normal rules of construction to the effect that
any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or exhibits hereto.
5.7 This Agreement constitutes the sole and only agreement of the parties with
respect to the subject matter hereof and supersedes any prior understandings or
written or oral agreements among the parties concerning the subject matter hereof.
Wherefore, premises considered, the parties hereto have executed this Agreement on the
dates set forth below.
ATTEST: CITY OF FORT WORTH
By:
Gloria Pearson Mike Groomer
City Secretary Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
ATTEST: DEVELOPMENT COMPANY
By:
Corporate Secretary
Date: Its
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COMPROMISE SETTLEMENT AGREEMENT
This Compromise Settlement Agreement is made and entered into as of the 1
day of A 4ge i I , 2001 by and between the City of Fort Worth, Texas ("the City"
or "Fort Worth") duly acting by and through its Assistant City Manager; the County of
Tarrant ("Tarrant County"), a county and political subdivision of the State of Texas duly
acting by and through its County Administrator; the Greater Fort Worth Builders
Association ("GFWBA"), a building industry trade association duly acting by and
through its Executive Vice-President; and Danny R. Moss ("Moss") acting in his
individual capacity (collectively, the "Parties").
WHEREAS, on June 24, 1999, the City filed an application with the Texas
Natural Resource Conservation Commission (TNRCC) to amend its water service
Certificate of Convenience and Necessity (CCN) No. 12311 to include additional retail
service areas within its extraterritorial jurisdiction in Tarrant, Denton and Wise Counties
(Application No. 32683-C); and
WHEREAS, at the July 20, 2000 preliminary hearing on the City's CCN
application in SOAH Docket No. 582-00-1092, Tarrant County, GFWBA, and Moss
(collectively, "the Intervenors") intervened and were given party status in that docket;
and
WHEREAS, the Parties hereto desire to establish terms and conditions under
which Fort Worth will seek to extend water service to residential and commercial
developments within the CCN area if approved as applied for in Application No. 32683-
C ("the Requested CCN Service Area") and subject to the issuance of the CCN; and
WHEREAS, the County, GFWBA and Moss by entering into this Compromise
Settlement Agreement are neither agreeing nor disagreeing with the issuance of the CCN
as applied for by the City, and no provision of this Agreement shall be construed to
support or oppose the City's CCN application; and
WHEREAS, the City and the Intervenors desire to resolve their differences in a
manner that will permit the Intervenors to withdraw their protests of the City's CCN
Application No. 32683-C and save the Parties the time and expense of litigating issues of
concern to the Parties,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS, that the City and
the Intervenors do hereby agree as follows:
1. Extension of City Water Service. The City will provide retail water service to
developments within the Requested CCN Service Area under the terms and conditions of
the City's water utility extension policy and ordinances, as amended from time to time,
except as set forth in Paragraphs 3 and 5, subject to applicable state law and TNRCC
rules.
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2. Water Distribution Lines and Meters. Water distribution lines, fire hydrant
connections, metered connections and all other water production, treatment, storage and
distribution facilities serving a development within the Requested CCN Service Area will
be constructed to specifications established by City Code and applicable City
construction standards and specifications. At the time a City water main is made
available for connection to a development within the Requested CCN Service Area, all
such water production, treatment, storage and distribution facilities serving the
development will be contributed to the City free and clear of encumbrances not expressly
assumed by the City.
3. City Water Main Extensions. The cost charged by Fort Worth for extension of a
City water main to a development within the Requested CCN Service Area will be the
estimated cost of extending a line sized to serve only the water demands of the
development at the projected maximum build-out (the "Extension Cost"), unless:
a. the City and the developer agree on an alternative cost-sharing arrangement;
or
b. for residential developments, the extension of the water main is determined to
be uneconomical because the Extension Cost exceeds the cost to install and
operate a local groundwater system for the development at the projected
maximum build-out (the "Local System Cost") by more than 15% of the Local
System Cost.
4. Interlocal Mediation Procedures. An Interlocal Board shall be created to establish
procedures for non-binding mediation of disputes that may arise concerning the
determination of whether a water line extension is "uneconomical" pursuant to Paragraph
3.b. The terms and conditions for the establishment of the Interlocal Board and
mediation procedures are set forth in an Interlocal Agreement between Fort Worth and
Tarrant County attached hereto as Exhibit "A" and incorporated herein for all purposes.
5. City Options for Extensions. In the case of a City water main extension
determined to be uneconomical under Paragraph 3. b., the City may elect one of the
following two options (a) or(b):
(a) Reduce the Extension Cost to be paid by the developer to an amount equal to 115%
of the Local System Cost and provide service through one of the following options:
(i) by constructing the City water main extension to the development. In such
case, to the extent authorized under Chapter 13 of the Texas Water Code (or
its successor law), the City may recover the difference between the reduced
Extension Cost paid by the developer and the true Extension Cost in a rates
surcharge on customers within the development with such recovery amortized
over the useful life of the City water main extension;
EI
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(ii) by constructing and operating a local groundwater system on an interim basis
until the City's water mains are available for connection to the development.
(b) Allow the developer to construct and operate, either itself or through a subcontractor,
an interim local groundwater system subject to an agreement, the form of which is
attached as Exhibit "B". To effectuate such interim groundwater service, the City
agrees to cooperate with the developer or the developer's subcontractor in obtaining
a term transfer of the City's CCN. If the developer or the developer's subcontractor
is unable for any reason to provide continuous and adequate water service to the
development, the City shall have no obligation to provide water service unless and
until the term CCN expires or the City otherwise obtains a CCN to serve the
development.
6. Private Water Wells. Nothing in this Agreement shall be construed to alter or
affect the rights of residents in the City's ETJ to obtain water through the use of private
water wells serving lots of a minimum size of one acre as set forth in City ordinances and
policies. Property owners and developers may continue to rely on private water wells for
lots that comply with the City's large lot development policy so long as it does not
contravene state law.
7. Effect of Agreement on Non-Parties. Intervenors and the City agree to make all
reasonable good faith efforts to promote and encourage the members of GFWBA and any
other persons who request water service from the City to become familiar with the
substantive terms of this Agreement and to abide by the procedures and the agreements
set forth herein. The Parties agree and acknowledge that persons not a party hereto are
not bound by the terms hereof and that, to the extent any non-parties fail or refuse to
abide by the terms and conditions hereof, the rights and obligations of such non-parties
and the Parties hereto shall be as provided for by applicable law and rules of the TNRCC.
Each Party further agrees, however, that it will not intervene in a contested case brought
by a non-party regarding water service within the area of Fort Worth CCN No. 12311
unless that intervening Party's position is consistent with the terms of this Agreement.
8. Withdrawal of Protests. Within three (3) business days of execution of this
Agreement by all Parties, Intervenors agree to submit a written withdrawal of their
protests of Fort Worth's CCN Application 32683-C and to withdraw as parties from
SOAH Docket No. 582-00-1092.
9. Submission of Agreement to TNRCC. The City, GFWBA, and Moss agree that
the designation under this Compromise Settlement Agreement of areas and customers to
be served by water utility providers is valid and enforceable and may be submitted to the
TNRCC for approval at the appropriate time pursuant to Section 13.248 of the Texas
Water Code regarding contracts designating areas to be served by retail public utilities.
10. TNRCC Approvals. The City will exercise its best efforts to obtain the agreement
of the TNRCC staff to incorporate provisions in any amended CCN issued to the City to
effectuate the purposes of this Agreement. The failure or refusal of the TNRCC to
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incorporate any such special provisions in the CCN will not impair or otherwise affect the
rights and obligations among the Parties to this Agreement.
11. No Admissions. Nothing in this Agreement shall be deemed to constitute an
admission as to the qualification of the City for the CCN amendment as applied for in
TNRCC Application No. 32683-C. Nothing in this Agreement shall affect the Parties'
rights under the jurisdiction of the TNRCC to seek review of charges that are part of the
City's tariff under its CCN; however, the Parties agree not to take any position in any rate
case or CCN dispute before the TNRCC that is adverse to the terms of this Agreement, in
particular (but not limited to) the service alternatives and determinations made pursuant
paragraphs 3 and 5 above. Nothing in this Agreement shall obligate the City to reduce
the size of the Requested CCN Service Area or to seek an amendment of its pending
CCN application to reduce or enlarge the size of the Requested CCN Service Area. The
Parties acknowledge that Tarrant County, GFWBA, and Moss take no position on
whether the size of the Requested CCN Service Area should be reduced or enlarged or
whether the CCN amendment applied for by the City should or should not be granted.
12. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective legal representatives, corporate affiliates,
successors and assigns.
13. Construction of Agreement. The Parties acknowledge that each party and its
counsel have reviewed and revised this Agreement and that the normal rules of
construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement or exhibits hereto.
14. No Prior Agreements. This Agreement constitutes the sole agreement of the
Parties with respect to the subject matter hereof and supersedes any prior understandings
or written or oral agreements among the Parties concerning the subject matter hereof.
This Agreement may be modified only by a written instrument executed by the Parties.
15. Venue. This Agreement may be enforced by any Party hereto by a civil action
brought in the appropriate courts in Tarrant County, Texas, or by an administrative action
at the TNRCC and in the appropriate courts of Travis County, Texas. All actions arising
hereunder shall be subject to the laws of the State of Texas, which laws shall be broadly
interpreted to effectuate the manifest intent of this Agreement.
16. Filing of Agreement. Copies of this Agreement may be filed in all TNRCC
certification applications arising hereunder to evidence the agreement of the Parties to the
terms hereof to effectuate all consents and approvals that may be required by the
TNRCC.
17. Open Records/Public Information. This document, when executed, along with
attachments hereto is an Open Record available to the public upon request.
e 4
4581146-1
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18. Sharing of Costs. Each Party shall bear its own costs and attorneys fees incurred
in this matter.
Wherefore, premises considered, the Parties hereto have executed this
Compromise Settlement Agreement on the It L, day of , 2001.
TEST: CITY OF F W TH
c (�.(1,�• By:
Gloria �retary
rson �- _p Mike Gr omer
City Sc Assistant City Manager
APPROVED AS TO FORM AND
LEG TY: - /�5-45-
Contract Authorization
Amity Attorney
Date
ATTEST: COTY NT
By: .
t�
Tarrant County Clerk d. K. Maenius
County Administrator
APPROVED AS TO FORM: Pursuant to Tarrant County
Commissioners Court
Order No. OGS
Assistaroistrict Attorney
7GRAEAR?FORWO TH BUILDERS SSO ATION
KdAti S tterfield
Executive Vice-President
.�,..
anny R. Wss, Individually
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!"T. U U1flW EI
City of Fort Worth, Texas
4volyor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/10/01 C-18545 1 6000MPROMISE 1 of 2
SUBJECT APPROVAL OF COMPROMISE SETTLEMENT AGREEMENT WITH TARRANT
COUNTY, THE GREATER FORT WORTH BUILDERS ASSOCIATION, KEN W.
HACKETT AND DANNY R. MOSS REGARDING THE CITY OF FORT WORTH WATER
CERTIFICATE OF CONVENIENCE AND NECESSITY APPLICATION AND
AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH TARRANT
COUNTY
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute the attached Compromise Settlement Agreement with
Tarrant County, the Greater Fort Worth Builders Association, t and Danny R. Moss
regarding the City of Fort Worth Water Certificate of Convenience and Necessity (CCN) application;
and
2. Authorize the City Manager and City Attorney to execute the attached Interlocal Agreement with
Tarrant County (attachment °A° to the Compromise Settlement Agreement).
DISCUSSION:
Tarrant County, the Greater Fort Worth Builders Association (Association), KannAim= nd Danny
Moss all requested and were granted status to intervene in the City of Fort Worth CCN application
currently pending before the Texas Natural Resource Conservation Commission.
A compromise settlement has been negotiated with all parties involved. The settlement provides for
resolution of issues concerning costs and procedures and provides for a mechanism by which
disagreements between extraterritorial jurisdiction developers and^the City m' ht be resolved at the
local level. Lt,ci d'l�
The basic terms of the settlement are:
• Tarrant County, the Greater Fort Worth Builders Association, Ken Hackett and Danny Moss will
withdraw their opposition to the Fort Worth CCN application; and
• Developments within the granted CCN area will be built with utilities that meet City policies for
installation and extension; and
• A formula will be used to determine whether the extension of the City"s system would be
economically unfeasible and an alternative provider provision is included.
In addition, the agreement provides for the creation of an Interlocal Water Service Mediation Board to
be made up of representatives of the Tarrant County Commissioners, City Council Members, and the
Association to serve as a non-binding mediation panel. The interlocal agreement creates the Interlocal
Water Service Mediation Board.
City of Fort Worth, Texas
4baffor And council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/10/01 C-18545 6000MPROMISE 2 of 2
SUBJECT APPROVAL OF COMPROMISE SETTLEMENT AGREEMENT WITH TARRANT
COUNTY, THE GREATER FORT WORTH BUILDERS ASSOCIATION, KEN W.
HACKETT AND DANNY R. MOSS REGARDING THE CITY OF FORT WORTH WATER
CERTIFICATE OF CONVENIENCE AND NECESSITY APPLICATION AND
AUTHORIZATION TO EXECUTE AN INTERLOCAL AGREEMENT WITH TARRANT
COUNTY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that approval of the settlement agreement will have no material effect on
City funds.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
originating Department Head: CITY COUNCIL
Dale Fisseler 8207 (from) APR 10 2001
Additipqal Information Contact:
City Secretary of the
Dale Fisseler' 8207 City 61 Fort Warty,Tarte