HomeMy WebLinkAboutContract 49829-AD1 SECRUM
ONMCT NO. Yi � 0 �' AD
EXHIBIT D
ADDENDUM TO AGREEMENT FOR WASTEWATER SERVICE BETWEEN
THE CITY OF FORT WORTH,TEXAS, AND THE TRINITY RIVER AUTHORITY OF TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Addendum to the Agreement for Wastewater Service Between the City of Fort Worth, Texas, and the
Trinity River Authority of Texas("Addendum")is made and entered into this_day of , 20_, by
and between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting by
and through Jesus J. Chapa, its duly authorized Assistant City Manager,hereinafter called "Fort Worth," and
the Trinity River Authority of Texas,located in Tarrant County, Texas, acting by and through J.Kevin
Ward, its duly authorized General Manager, hereinafter called "Customer," and hereinafter collectively
referred to as the "Parties".
RECITALS
A. WHEREAS Fort Worth and Customer entered into an Agreement for Wastewater Service Between
the City of Fort Worth, Texas, and the Trinity River Authority of Texas ("Agreement"),executed
contemporaneously with this Addendum; and
B. WHEREAS Customer is granted ownership of all return flows generated by its wastewater
treatment plants pursuant to Texas Local Government Code Section 552.023(e); and
C. WHEREAS Fort Worth delivers certain wastewater to Customer pursuant to the TRA Contract, as
defined in the Agreement; and;
D. WHEREAS, Fort Worth and Customer desire to clarify the ownership of return flows discharged
by Customer pursuant to the TRA Contract to avoid future disputes;
NOW, THEREFORE,KNOW ALL BY THESE PRESENTS that for and in consideration of the
mutual covenants, promises and agreements contained herein, Fort Worth and Customer do hereby covenant
and agree to the following additional terms:
ARTICLE 2. Customer Ownership of Customer-Treated Return Flows
Notwithstanding Section 24.6 of the Agreement, entitled"Use and Sale of Treated Effluent,"the
Parties acknowledge that the Customer owns all wastewater delivered and effluent derived therefrom
delivered to Customer. Fort Worth is not entitled to credit of any type, either in the exchange of water,
money, or other consideration, for any effluent delivered to the Customer pursuant to the TRA Contract.
IN TESTIMONY WHEREOF, after proper action by the respective governing bodie 4
this Agreement has been executed in quadruplicate copies,each of which is considered to original.
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SECRETARYORTH, TX �'
ATTEST: CITY OF FORT WORTH
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Cit See re , Cit of Fort FR T Assistant City Manager, City of Fort Worth
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Date:
APPROVED AS TO FD LE ALITY:
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Christa R.Lopez- eyn
Sr.Assistant City Attorney, ij'o�Fort Worth
OFFICIAL RECORD
CITY SECRETARY ,
M WORTH,TX
APPROVAL RECOMMENDED:
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Kara Shuror, Interim Director
City of Fort Worth Water Department
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
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Name of Employee
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Title
aOAU/ARD
TRINITY RIVER AUTHORITY OF
TEXAS
By)eneal
BODIN VIN WARD
Secretary, Board of Directors Manager
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OFFICIAL RECORD
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FT WORTH,Tx C
Agreement for Wastewater Service ___.__—.....,._..' Page 31 of31
APPROVED AS TO FORM AND LEGALITY:
Attorney
Dme:
APP O A O NDED:
Prin Name: ----------------------
Title: --------------------
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Agreement for Wastewater Service Page 31 of31