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HomeMy WebLinkAboutContract 32786 CITY SECRETARY CONTRACT NO. WHOLESALE. WASTEWATER CONTRACT BETHESDA WATER SUPPLY CORPORATION STATE OF TEXAS § COUNTY OF TARRANT § This contract made and entered into this, the day of _, 2005 by and between the City of Fort Worth,Texas, a municipal corporation, acting herein by and through Marc A. Ott, its duly authorized Assistant City Manager,hereinafter to as "Fort Worth," and the Bethesda Water Supply Corporation, acting herein by and through its Chairman of the Board, William J. Buford,who is duly authorized so to act,hereinafter referred to as"Customer." WHEREAS, the public health, welfare and safety of the residents of Fort Worth and the customers of Customer require the development of adequate systems of sewage collection and disposal, the elimination of water pollution and the preservation of the water resources of the area; and WHEREAS, Fort Worth is required to comply with standards and treatment methods for wastewater as set forth in federal, state and local laws and regulations and permits; and WHEREAS, Fort Worth and Customer have an interest in maintaining and restoring the chemical,physical and biological integrity of waters and water resources and insuring the reduction of pollution in said waters and water resources, and planning the use, development, restoration, preservation and enhancement of said waters and water resources; and WHEREAS, Customer desires to contract for wastewater treatment service and Fort Worth desires to provide wastewater treatment service to Customer; and NOW, THEREFORE, Fort Worth and Customer, in consideration of the terms, covenants and conditions herein contained,hereby agree as follows: 1. Definitions When used in this contract,these terms shall be defined as follows: 1.1 "Act" means the Federal Water Pollution Control. Act, also known as the Clean Water Act ("CWA"), as amended(33 U.S.C. 1251,et seq.). 1.2 `Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in, irt7 ERP.Y ��, Y 1 Yw, TEX. biochemical oxidation of organic matter specified by procedure in Standard Methods, and results expressed in terms of weight and concentration(milligrams per liter(mgil)). 1.3 "Calibration" means the verification of primary measuring device and secondary instrumentation accuracy utilizing standard primary device procedures and calibration signals and/or a separate flow measurement instrument. 1.4 "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: wastewater treatment facilities, metering and sampling facilities, control systems and appurtenances, and all major collectors and interceptors that are eighteen inches(18") and greater in diameter and lift stations, if any, associated therewith. 1.5 "Customer Service Area" shall mean and is limited to the Ashford Park and Vista Oak Addition, residential subdivisions located in Tarrant County, Texas, as shown on Exhibit "A" attached hereto. 1.6 "Customer System" means the facilities of Customer used for pretreatment, collection and transportation of wastewater to the point of entry. 1.7 "Delivery facilities" means all facilities necessary for the transmission of wastewater to the Fort Worth System that are on the Customer's side of the point of entry that are constructed specifically to allow Fort Worth to serve Customer. 1.8 "Director"means the Fort Worth Water Department Director or his designee. 1.9 "Domestic accounts" means single-family and residential duplex dwellings served by one meter. This definition is used only in the context of determining billing on a per-connection basis. 1.10 "Facility Expansion - The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital 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 facility to better serve existing development. 1.11 "Fort Worth Expense" means expenses incurred by Fort Worth related to the wastewater utility, such expenses to be allocated as a System Cost if so determined in future cost-of-service studies. 1.12 "Fort Worth System"means the Fort Worth's wastewater collection and treatment system. BetheuU Water Supply Corporation Ashford Park and vista Oak Addition Wastewater Contract Page 2 of27 A=Pi 1.13 "General Benefit capital facilities" means Fort Worth's wastewater facilities that provide utility services and benefits common to all customers, both retail and wholesale; this includes wastewater treatment facilities, metering and sampling facilities, control systems and appurtenan- ces, and all major collectors and interceptors that are eighteen inches (18") and greater in diameter. 1.14 "Indirect Discharge" means the discharge or the introduction of pollutants from any non- domestic source regulated under Section 307(1), (c) or (d) of the Act, [40 CFR 403.3(g)], into the Fort Worth System (including holding tank waste discharged into the system). 1.15 "Industrial User"means a source of indirect discharge (40 CFR 403.3(h)). 1.16 "Industrial wastes" means all water-borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.17 "Infiltration"means water that has migrated from the ground into the wastewater system, 1.18 "Inflow"means water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as,but not limited to,roof leaders,cellar drains,yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration water. 1.19 "Liquid Waste"means the water-borne solids, liquids, and gaseous substances derived from certain sources including, but not limited to, grease trap, septic tank, chemical toilet waste and sand trap waste. 1,20 "Metering and sampling facility" means the meter, meter vault, and all metering and telemetry equipment required to measure and/or sample wastewater flows of the Customer at point of entry or other such locations, as may be mutually agreed upon in writing. 1.21 "Non-domestic account" means the commercial, industrial, multi-family or other accounts that are not considered domestic accounts. This definition is used only in the context of determining billing on a per-connection basis. 1,22 "Non-metered area" means those areas within the Customer's corporate limits or within a Certificate of Convenience and Necessity issued by any state agency that generate wastewater that does not drain into a part of the Customer System for which wastewater flow is measured by an approved metering and sampling facility. OFFICIA11 WIND Bahesda Water SuMly Corporation ;�D Ashford Park and Vista Oak Addition • .Y Wastewater Contract �ilgy Page 3 of 2"7 J 1.23 "Point of entry" means the metering facility or, where no metering facility is utilized, the point of connection to the Fort Worth System, unless otherwise mutually agreed upon in writing. 1.24 "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants,or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a Publicly Owned Treatment Works. The reduction or alteration can be obtained by physical, chemical or biological processes,or process changes by other means, except as prohibited by 40 CFR Section 403,6(d). 1.25 "Pretreatment requirements" means pollutant concentration discharge limitation and reporting requirements stipulated in Fort Worth Ordinance No. 12274 and any amendments thereto, and the Customer's rules and regulations, as hereinafter amended, and Federal Pretreatment Standards promulgated by the U.S. Environmental Protection Agency. 1.26 "Significant industrial user" means any industry which discharges industrial wastes directly or indirectly into the Fort Worth System or Customer System that: discharges 25,000 gallons per day or more of industrial wastes; is subject to the National Pretreatment Standards: Categorical Standards of the U.S. Environmental Protection Agency; or, has a reasonable potential, in the opinion of the Director, to adversely affect the Fort Worth System due to discharge of wastewater with abrion-nally high strength or limited and/or prohibited substances. 1.27 "Standard methods" mean those testing or analysis procedures as prescribed in the then current edition of"Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association and/or the U.S. Environmental Protection Agency Manual of Methodologies for the Examination of Water and Wastewaters, or as will otherwise comply with procedures specified in state and federal discharge permits held by Fort Worth. 1.28 "System cost" means the operating expenses and capital related costs incurred by Fort Worth pursuant to the provision of wastewater collection and treatment sen-ice to the wholesale class of server customers. Such costs are to be collected by Fort Worth as a component of the annual cost of providing wholesale wastewater service. 1.29 "Wholesale System Access Fee" means a capital contribution funding or recouping the costs of General Benefit Facilities capital improvements or General Benefit Facilities facility expansions necessitated by and attributable to new development. Bellws"Watu Supply CoToration Mhford Park and Vista Oak Addition wamt'Aglcr Contract Page 4 of 27 Nk 1.30 "Total Suspended Solids (TSS)" means solids, measured in mg/l, that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device. Also referred to as Total Non-Filterable Residue. 1.31 -Wastewater" means all liquid or water-carried waste products from whatever source derived, together with such ground water infiltration and surface water inflow as may be present, whether treated or untreated, which is discharged into or permitted to enter into the Fort Worth System. The words"wastewater" and "sewage"are interchangeable, 2. Connection to the Fort Worth -System 2.1 Fort Worth hereby grants to Customer, upon compliance with the terms and conditions contained herein, permission to connect its System to the Fort Worth System for the purpose of transporting wastewater generated within the Customer Service Area. 2.2 Fort Worth agrees to accept all wastewater generated in the Customer Service Area at the point(s) of entry as designated on Exhibit "B", attached hereto and incorporated herein, and at such additional points as may later be mutually agreed upon in writing signed by both parties hereto. 2.3 The cost of all delivery facilities necessary to convey wastewater to the designated points of entry, whether shown on Exhibit "B" or mutually agreed upon at a later date, together with the cost of connection of the Customer System to the Fort Worth System, with the exception of metering and sampling facilities, shall be borne by Customer. In the event Fort Worth requests Customer to increase the size of any such delivery facility, the difference in the cost of the delivery facility as designed by Customer and the cost of the delivery facility as requested by Fort Worth shall be at Fort Worth's expense and may be allocated as a system cost if so determined in future cost-of-service studies. 2.4 Unless mutually agreed to in writing by Fort Worth and Customer, Customer shall be responsible for the design, contracting, construction and financing of delivery facilities and acquisition of any necessary rights-of-way and easements to and from such facilities. All designs, materials and specifications shall conform to Fort Worth's requirements as a minimum. Plans and specifications for any delivery facility that connects to the Fort Worth System shall be submitted to the Director for written approval. Such approval shall not be unreasonably withheld. No construction shall begin until such approval has been given. Customer agrees that Fort Worth has the fight to make periodic inspections during the construction phase of the deli —,Ifficilitics. Final aethtwa Water Supply Corporation OFMI'LlUt AFMord Park and Vista Oak Addition Wastewater Contract Page 5 of27 acceptance of such facility from the point of connection up to and including the metering and sampling facility is subject to the inspection and written approval of the Director. 2.5 After the date of this contract, Customer agrees not to increase its Customer Service Area. Customer further agrees not to provide service to or contract or subcontract with any new customer whose need for wastewater service would exceed 500,000 gallons per day without written notice to the Director. 3. Maintenance of Customer System Customer agrees to maintain its system in good condition and to make repairs in a timely manner. Fort Worth shall not have any responsibility or liability now or ever for the operation of the Customer System, except as agreed to in writing by the parties hereto. d. Maintenance of Fort Worth Syste-m Fort Worth agrees to maintain its system in good condition and to make repairs in a timely manner. Customer shall not have any responsibility or liability now or ever for the operation of the Fort Worth System, except as otherwise provided herein. 5. Metering and SamplingFacilities 5.1 Beginning on the effective date of this contract, Fort Worth shall have the exclusive right to use, operate, and maintain Customer metering and sampling facilities and Fort Worth shall become solely responsible for the operational and maintenance responsibilities associated with these facilities. Customer will continuously provide a route of ingress and egress to said metering and sampling facilities for Fort Worth. Fort Worth shall have the discretion to construct improvements, expansions, and replacements to said facilities as a system cost and at the timing of Fort Worth's needs subject to the review by Customer of all proposed construction, expansion, and replacement plans. Customer will also grant and provide to Fort Worth such permits or easements as are necessary for the continuous operation and maintenance of all metering and sampling facilities. All such costs incurred by Fort Worth for operation, maintenance, construction, expansion, and replacement of Customer metering and sampling facilities shall be considered system costs. 5.2 Unless otherwise agreed to by both parties in writing, Fort Worth shall have the option to construct Customer metering and sampling facilities not currently in existence. All construction Bethesda Water supply Corporation Ashford Park and vista Oak Addition Wastewater contract Page 6 of 27 costs, including, but not limited to, site acquisition and preparation, design and engineering, construction and equipment for such facilities, together with the costs of necessary easements and rights-of-way, shall be system costs, including any and all necessary modifications to accommodate a complete initial installation satisfactory to Fort Worth. If Customer constructs new metering and sampling facilities, Customer may either transfer ownership of such newly constructed facilities, together with all necessary access easements and rights-of-way to Fort Worth in a form satisfactory to Fort Worth or may grant to Fort Worth the right of ingress and egress to such facilities, together with the exclusive authority to operate and maintain the facilities as specified in Section 5.1, within sixty (60) days of such completion. Thereafter, Fort Worth shall operate and maintain the facilities as a system cost and treat any ownership transfer as a contribution for rate purposes,but same shall not be an indicia of equity ownership. 5.3 Expenses incurred by Fort Worth for the operation and maintenance of Customer metering and sampling facilities shall be system costs and shall include, but not necessarily be limited to, the following: A. Cost of electricity at the facility; & Cost of the initial installation of the telemetry service at the facility and to the control center and cost of monthly lease charge for the telephone line; C. Cost of calibration; D. Cost of parts, materials and supplies required for repairs, calibrations and upgrading of the facilities; E. Labor cost plus fringe benefits and indirect costs for repairs, calibrations and upgrading of the facilities; F. Maintenance of ingress and egress and meter facility site. 5.4 Replacement of facilities described in this section or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a system cost. Any replacement facility or equipment therein shall comply with Fort Worth's standards and specifications. 5.5. Upon expiration or termination of this agreement by either party, Fort Worth shall transfer to Customer ownership of any property easements, metering and sampling facilities and rights-of-way conveyed to Fort Worth pursuant to the terms of this Section 5. 6. Ribhtr-nf-W Customer shall grant, without charge to Fort Worth, such easements and rights-of-way along public highways or other property owned by Customer, as requested by Fort Worth, in order to construct Bethesda Water Supply Corporation Ashford Park and Vista Oak Addition Wastewater Contract Page 7or27 or maintain mains or facilities within the Customer Service Area to provide wastewater collection to Customer and to other areas. Upon notice from Customer and at Fort Worth expense, Fort Worth will move such wastewater mains or facilities located in such street right-of-way or other property owned by Customer when reasonably necessary to the performance of essential duties by Customer. Fort Worth shall grant, without charge to Customer, such easements and rights-of-way along with public highways or other property owned by Fort Worth, as requested by Customer, in order to construct and maintain wastewater mains or facilities within Fort Worth to provide wastewater collection to Customer. Upon notice from Fort Worth and at Customer's expense, Customer will move such wastewater mains or facilities when located in such street rights-of-way or other property owned by Fort Worth when reasonably necessary to the performance of essential governmental duties by Fort Worth. All work done by or on behalf of Fort Worth under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed within Fort Worth, but neither party hereto will be required to restore the other's property to a condition exceeding its original condition, unless otherwise mutually agreed in writing. Fort Worth and Customer agree to coordinate the location of the mains and/or facilities in the other's easements and rights-of-way in order to prevent further conflicts insofar as reasonably practicable. 7. Me erinfr and Samnling 7.1 All flow discharged into the Fort Worth System by Customer shall be metered, unless specifically agreed to by both parties in writing. Should both parties agree in writing that metering is not possible,the agreed upon method for determining the volume shall include an adjustment for infiltration and inflow. 7.2 If, in the judgment of the Director, an approved type of metering station cannot accurately measure the sewage generated within the Customer Service Area,then the charge for sanitary sewer service within the Customer Service Area will be made on a per-connection basis. In such case, the volume of sewage for billing purposes will be determined by adding the product derived from multiplying the number of domestic accounts within the Customer Service Area times 10,500 gallons to the sum total metered water of all non-domestic accounts within the area. The total volume so derived each month will be used as the basis for calculating the total sewer charges due each month for the Customer Service Area and such charges will be added to any other charges, if Bethesda Water Supply Corporation Ashford Park and vista Oak Addition Wastewater Contract Pagc 8 of 27 any, based on metered connections. For all such non-metered areas, Customer will be responsible for providing data each month on the number of domestic accounts and the metered water volume of all non-domestic accounts. Customer will provide this data to Fort Worth no later than the 5th of each calendar month. 7.3 Customer shall have access to the metering and sampling facilities at all reasonable times; provided, however, that any reading, calibration or adjustment to such metering equipment shall be done by employees or agents of Fort Worth, or other mutually approved third party calibration agent, in the presence of representatives of Customer and Fort Worth, if so requested by Customer. Notification of any proposed tests shall be provided to the Customer at least seventy-two(72)hours prior to such tests being conducted. 7.4 All readings of meters will be will be maintained by Fort Worth in a manner consistent with Fort Worth's practices. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each point of entry metering and sampling facility. 7.5 Fort Worth shall calibrate and routinely service the meters no less than once during each six (6) month period. Copies of the results of such calibration and all related information shall be provided to Customer. Fort Worth shall notify the Customer at least seventy-two (72) hours in advance of the date and time for any calibration and Customer may observe, if so desired. 7.6 Upon any calibration, if it is determined that the accuracy envelope of such meter is found to be lower than ninety-five percent (95%) or higher than one hundred five percent (105110) expressed as a percentage of the full scale of the meter,the registration of the flow as detennined by such defective meter shall be convected for a period extending back to the time such inaccuracy began,if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half(1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six(6)months. 7.7 If any meter used to determine volume from Customer is out of service or out of repair so that the amount of wastewater metered cannot be ascertained or computed from the reading thereof, the wastewater delivered through the period such meter is out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. The basis for estimating such flow includes, but is not limited to, extrapolation of past patterns of flow for said metering station under similar conditions. In the event that the parties hereto cannot agree on Bethesda Water Supply Corporation Ashford Park and Vista Oak Addition Wastewater Contract Page 9 of 27 the extrapolated estimate of wastewater volume delivered, agreement on the flow volume will be determined by third party arbitration. 7.8 Every 3 months, Fort Worth shall determine the quality of the wastewater at the metering and sampling facilities or other agreed upon sampling points for the purposes of billing for the strength of the wastewater. 7.9 To determine the quality of the wastewater, Fort Worth shall collect twenty-four (24) hour flow-weighted composite samples for a period of not less than five(5)consecutive twenty-four(24) hour periods. Fort Worth will provide Customer with a minimum of seven (7) day advance notification of intent to sample, or such notification as is sufficient to allow Customer to arrange the services of a qualified laboratory. If, at the request of Customer or at the request of the Director, more extensive monitoring is desired, such additional monitoring shall be paid for by the party making the request and shall be done in compliance with Section 7. If Customer requests such additional monitoring, Fort Worth shall invoice Customer and payment shall be made within ten (t 0)days after receipt of invoice. 7.10 The notification required in this section shall include the planned dates, times, and location(s) of sampling. Fort Worth shall analyze the samples collected in accordance with standard methods. Customer may be present during the initial setup of sampling equipment and at the time of pickup for each twenty-four (24) hour composite sample. Fort Worth agrees, if requested,to split said wastewater samples with Customer. 7.11 If in the opinion of the Director, compliance monitoring is required, the Director may order that additional monitoring be performed with or without prior notice to Customer. Said compliance monitoring is to be in addition to the sampling set forth in Section 7.8. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Fort Worth will provide notice of such compliance monitoring to Customer within a reasonable time thereafter. 7.12 If Customer disputes Fort Worth results of analyses and the parties hereto cannot settle such dispute, such dispute will be determined by third party arbitration. 7.13 Costs incurred by Fort Worth under this section will be considered to be a system cost. 8. Ramat g and Charges 8.1 Wholesale wastewater rates will be based upon cost-of- service rate studies performed by independent utility rate consultants as described herein. The Director shall select the independent Bethesda Water Supply Corporation Ashford Park and V sta Oak Addition Wastewater Contract Page 10 of 21. utility rate consultant from a list offive highly qualified firms submitted by the Wastewater System Advisory Committee. The cost of such studies will be a system cost. All cost-of-service studies shall be conducted utilizing the utility cost basis of determining revenue requirements applicable to the wholesale customer class. 8.2 The cost-of-service for the wholesale class shall include allocated reasonable and necessary operation and maintenance expense, depreciation expense and a fair and reasonable return on allocated capital facilities. To determine the allocation and distribution of costs to the wholesale customer class, the independent utility rate consultant shall consider at least the following factors: total volume, rate of flow, wastewater quality, metering, and customer-related costs such as accounting, billing, and monitoring. Capital-related costs will consist of depreciation expense and return on original c9st rate base. On a periodic basis as determined by the Director the depreciation rates on all general benefit capital facilities shall be studied, and new salvage values, useful lives, and annual rates of depreciation shall be developed from such studies. The rate base shall consist of all allocated capital facilities, net of depreciation and appropriate contributions, and shall include construction work in progress, a reasonable allowance for working capital, and a reasonable inventory of materials and supplies necessary for the efficient operation of the Fort Worth System. On a periodic basis as detennined by the Director, a cash "lead-lag" study shall be conducted to determine the appropriate level of working capital at the same time as the above depreciation rate study is done. Records of the original cost and the accumulated depreciation of all capital facilities shall be maintained in the Fort Worth Fixed Asset Tracking System. These records shall be available for inspection at the Fort Worth Water Department during reasonable business hours upon request by Customer. 8.3 Fort Worth shall be allowed an adequate opportunity to earn a reasonable rate of return. The return shall be sufficient to assure confidence in the financial soundness of the utility, shall be adequate to maintain and support its credit, shall enable it to raise the money necessary for the proper discharge of its public duties, and shall be equal to the weighted average imbedded cost of outstanding debt plus one-and-one-half percent(I-1/2%). 8.4 A detailed wholesale revenue requirement shall be developed on an actual historical cost test year basis allowing for reasonable and necessary expenses of providing such wastewater service and allowing for known and measurable adjustments. Such adjustments should allow for year-end trending and the spreading of non-recurring expenses over an appropriate benefit 11@t464. 10IFFICLIVA, ROD Bethesda Water Supply Corporation qqr Ashford Park,and Vista Oak Addition MIIaVffly Wastewater Contract 0 119, page ll Tf27 1 EX Sb 4 (3) year cycle, a complete detailed rate study will be performed with the same methodology used in the previous rate study by an independent utility rate consultant. Thereafter, changes in the methodology will be allowed if recommended by a majority of the Wastewater System Advisory Committee, such majority defined by any combination of wholesale customers contributing a total of more than fifty percent (50%) of the wholesale sewage flow in the immediate past fiscal year, and approved by the Fort Worth City Council. In the interim period between complete detailed rate studies, wholesale wastewater rates shall be adjusted by Fort Worth using the same methodology adopted at the time of the last completed detailed rate study, utilizing the actual operating data for the twelve month period ending September 30th of the prior year, adjusted for known and measurable changes in cost data which may have occurred since the last audited statement. 8.5 The initial rates for this contract shall be those adopted by the Fort Worth City Council on September 27,2005,effective October 1,2005,and are as follows: Volume Charge $0.8296 per 1000 gallons BOD Strength Charges $0.2906 per pound of BOD TSS Strength Charges $0.1871 per pound of TSS Monthly Billing Charges $75.00 8.6 Bills for wastewater treatment and disposal service shall be rendered to Customer monthly by Fort Worth. All such bills shall be due and payable by Customer not more than thirty(30) days from the billing date. The bills will show current charges, as well as past-due charges, if any. Current charges shall be the amount due for wastewater collection, treatment and disposal service provided since the prior billing period. Past-due charges shall be the total amount unpaid from all prior billings as of the current billing date. Payments received by Fort Worth shall first be applied to the past-due charges, if any, and thereafter to the current charges. 8.7 If Customer disputes a bill and is unable to resolve the difference informally, Customer shall notify the Director in writing. If the Director and Customer are unable to resolve the disputed bill, agreement on the bill will be determined by third party arbitration. Dispute of a bill is not grounds for non-payment. In the event a payment is not paid as specified in this agreement, a finance charge of ten percent (10%) per annum will be calculated from the date that the payment Bethesda Water Supply Corporation Ashford Park and Vista Oak Addition Wastrwater Coanct Page 12 of 27 was required to be made. In the event the bill established by arbitration is less than the disputed bill, then the amount found to be incorrect will be credited to the Customer's account together with an interest charge of ten percent(10%)per annum calculated from the date payment of the disputed bill was received. 8.8 The parties hereto agree that services obtained pursuant to this contract are essential and necessary to the operation of Customer's waterworks and wastewater facilities and that all payments made by Customer hereunder shall constitute reasonable and necessary operating expenses of Customer's waterworks and wastewater systems pursuant to the provisions of any and all rules and regulations of Customer authorizing the issuance of any bond issues of Customer which are payable from its waterworks and wastewater systems. 8.9 Customer agrees, throughout the term of this agreement, to fix and collect such rates and charges for wastewater service to be supplied as will produce revenues in an amount equal to at least (i) all of operation and maintenance expenses of such system, including specifically its payments under this agreement; and (ii) all other amounts as required by law and the rules, regulations or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 8.1.0 Customer specifically agrees to adopt and maintain in effect for the life of this contract an ordinance providing for a user charge system in full accord with relevant EPA regulations. 9. Ind is ri l Connection and Monitoring 9.1 Customer agrees that it will not permit any significant industrial user within the Customer Service Area to connect directly or indirectly either to its system or to the Fort Worth System without at least thirty(30) days' prior written notification to the Director of such intent to connect. Customer shall provide the Director with such information pertaining to volume and composition of flow as may be requested by the Director. 9.2 Customer agrees to conduct any and all monitoring, sampling and inspection of Customer System and industrial users as necessary to insure that industrial waste introduced into the Customer System meets the quality standards set out in Section 10.2 hereof. Upon request to Customer, a representative of Fort Worth will be permitted to observe Customer's collection of samples from industrial users, and Customer agrees to furnish Fort Worth separate duplicate Bethesda Water Supply Corporation Ashford Park and vista teak Addition ti aster ater Contract Page 13 of 27 samples for independent testing, and, upon request, to provide the Director sample analysis results and pretreatment records. 9.3 Customer agrees that Fort Worth shall have the right to sample wastewater at all points of entry and such other locations as may be mutually agreed to in writing by both parties for the purpose of determining the volume and quality of wastewater entering the Fort Worth System. Customer agrees to disconnect from its system any industrial user found to be in violation of allowable discharges or who refuses access to its facilities for the purpose of sampling wastewater being discharged into the Customer System; provided, however, that said disconnected industrial user shall be afforded the same rights, privileges of appeal and deficiency cure periods as are industrial users operating within Fort Worth's jurisdiction. 9.4 Following notice to the Customer by Fort Worth,Customer grants to Fort Worth the right to enter Customer's jurisdiction if Fort Worth determines that questionable discharges or prohibited discharges are entering the Fort Worth System emanating from the Customer System. Customer agrees to assist Fort Worth in locating and eliminating such prohibited discharges. 10. ,Wastewater t jality 10.1 Customer agrees that on or before thirty(30) days from date of execution of this contract it shall enact and cause to be enforced an ordinance enabling Customer to enforce within its jurisdiction regulations governing industrial waste that are at least as stringent as the provisions of the current Fort Worth Ordinance No. 12274 and any necessary and reasonable amendments thereto, and state and applicable federal regulations relating to 1) discharged substances; 2) prohibited discharges; 3) pretreatment requirements; 4) industrial discharge permitting system; and 5) industrial self-monitoring reports. Customer agrees to adopt rules and regulations that will allow it to enforce the provisions of Ordinance No. 12274, or any future ordinances relating to industrial discharges, prohibited or controlled wastes or pretreatment requirements and such amendments and future ordinances shall become incorporated into this contract by reference; provided, however, Fort Worth shall provide Customer with a copy of such proposed ordinances or amendments at least sixty (60) days prior to the presentation of such ordinances or amendments to the Fort Worth City Council during which time Customer shall have an opportunity to review same. Customer shall adopt any rules or regulations necessary to enforce such proposed ordinances or amendments no later than the effective date of the Fort Worth ordinance or amendment. Bethesda Water supply Corporation r � + Ashford Park and vista Oak Addition G �� M Wastewater Contract pyOp mac? O@ (a Page 14 of 27 I0.2 Customer agrees that the quality of the wastewater discharged into the Customer System shall be equal to or better than the quality standards established by Fort Worth Ordinance No. 12274, or any amendment adopted pursuant to Section 10.1. 10.3 Customer shall require all significant industrial users within its Customer Service Area that ultimately discharge into the Fort Worth System to apply for and obtain a permit from Customer allowing such discharge. Such permit shall require industrial users to abate prohibited substances from their discharge as a condition to discharging wastewater into the Customer System. The permit application shall contain,as a minimum,the following: 1. Name and address of discharger; 2. Agent for discharger; 3. Type of industry; 4. Products produced or services rendered; and S. Chemicals being stored and'or used. Customer shall provide Fort Worth a copy of such application and permit, if issued, within fourteen (14)days after issuance. 11. Resnie of Wholesale Waslew to er Serviceq 11.1 Customer may provide wastewater services to wholesale customers upon the recommendation of the Wastewater System Advisory Committee with prior written notice to and consent from the Director, said consent not to be unreasonably withheld. Customer shall provide the Director a copy of the proposed contract with its wholesale customer as part of Customer's written notice to the Director. 11.2 If Customer provides wastewater services to wholesale customers, Customer shall require its wholesale customers to comply with Sections 9, 10 and 28 of this contract and to enact and enforce any and all necessary ordinances. The term of the wholesale contract shall not extend beyond the term of this contract. 12. Infiltration and Inflow Customer agrees that it has an obligation to prevent infiltration and inflow into its System and then into the Fort Worth System. Customer further agrees that all sewer connections within its Customer Service Area that ultimately enter into the Fort Worth System will be constructed in Bethesda Water supply Corporation Ashford Park and Vista Oak Addition Wastewator Contract Page 15 or27 accordance with applicable specifications and standards at least equal to those of the Fort Worth Water Department. Further, Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter ultimately into the Fort Worth System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drain or other source into its sanitary sewer system. 13. Shame i7te Customer recognizes the importance of utilizing sludge in a timely and proper manner. Customer will cooperate with Fort Worth in any environmentally sound sludge utilization program meeting federal and state standards within the area served by Customer. 14. Wi-,lehatil .ns Customer agrees to adopt rules or regulations that will allow it to regulate liquid wastehaulers within the Customer Service Area. At a minimum such ordinance shall require liquid wastehaulers to be permitted and provide for a manifest system. Further,such rules and regulations shall prohibit the introduction of liquid waste into the Customer System,directly or indirectly. 15. gssi stare 15.1 In the event Customer requests assistance with its System, Fort Worth may, at its option, assist Customer. Customer agrees to pay Fort Worth its actual costs incurred, including, but not limited to, labor and material expended. Nothing herein shall be construed to require Fort Worth to assist Customer. Such costs will be invoiced to Customer and payment made within ten (10) days after receipt of invoice. 15.2 In the event Fort Worth requests assistance with its System, Customer may, at its option, assist Fort Worth. Fort Worth agrees to pay Customer its actual costs incurred, including, but not limited to, labor and material expended. Nothing herein shall be construed to require Customer to assist Fort Worth. Such costs will be invoiced to Fort Worth and payment made within ten(10)days after receipt of invoice. EkOwsda Water Supply Corporation Ashford Park and visa Oak.Addition Wastewater Contract pq Q REX. Page 15 of 27 EX tl " 1.6. Payment and Finance Cjwg . The parties hereto agree that the failure to make any payments within the times provided for herein results in additional cost to the party to be paid; therefore, the parties agree that any payment required herein not made within thirty (30) days of the billing date shall be subject to a finance charge of ten percent (10%) per annum to be calculated from the date which the payment was required to be made. 17. arts and Records If requested by the Director, the other party shall provide quarterly the following data: A. Actual number of customer accounts discharging directly or indirectly into the Fort Worth System and/or Customer System within its service area, B. Classification of domestic and non-domestic accounts within its Customer Service Area by number and percentage of accounts discharging directly or indirectly into the Fort Worth System and/or Customer System within its service area. C. Additional data which may assist Fort Worth in developing methodology for cost of service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that neither party shall request data that will require either party to incur unreasonable expenses in providing such data. 18. Notires Any notice, communication, request, reply or advice herein provided or permitted to be ,given, made or accepted by either party to the other party must be in writing to: City of Fort Worth: Water Director City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Customer: Chairman of the Board Bethesda Water Supply Corporation 509 South Burleson Boulevard Burleson,Texas 76028 The parties hereto shall indicate in writing any change that any occur in such respective addresses Bcthesda Water Supply Corporation Ashford Park and Mists Oak Addition wastmater Contract F'agc i-or 27 from time to time. 19. Ins=tion and Audit Complete records and accounts required to be maintained by each party hereto shall be kept for a period of five (5) years. Each party shall at all times, upon notice, have the right at reasonable times to examine and inspect said records and accounts during normal business hours; and further, if required by any taw, rule or regulation, make said records and accounts available to federal and/or state auditors. 20. Consent Whenever, under the terms of this agreement, Fort Worth is permitted to give its written consent or approval, Fort Worth, in its discretion, may ,give or may refuse such written consent or approval and, if given, may restrict, limit or condition such consent or approval in any manner it shall deem advisable; however,consent will not be unreasonably withheld. 21. Waiver,Remedy,Severa�hilitt 21.1 No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same termm or condition. 21.2 1n 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 be in Tarrant County, Texas. 21.3 It is agreed that, in the event any term or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such term or provision shall in no way affect any other term or provision contained herein; further, this agreement shall then continue as if such invalid term or provision had not been contained herein. 22. wnershin and Iia iiity 22.1 No provision of this agreement shall be construed to create any type of joint or equity ownership of any property,any partnership or joint venture,nor shall same create any other rights or liabilities and Customer payments (whether past, present, or future) will not be nstrrued as Bethesda Water Supply Corporation UU 50" Ashford Park and Vista Oak Addition ,�y SJ2A } � Wastewater Contract Y G 1(� Page 18 of 27 Y� ° ply ,pc, O Gds granting Customer partial ownership of,pre-paid capacity in,or equity in the Fort Worth System. 22.2 Liability for damages arising out of the transportation, delivery, reception, treatment, and/or disposal of all wastewater discharged into the Fort Worth System shall remain in the Customer, together with title thereto, until such wastewater passes through the point of connection to the Fort Worth System, at which time liability for such damage shall pass to Fort Worth, save and except that title to any prohibited discharge and any liability therefor shall not pass to Fort Worth unless such prohibited discharge originated in the Fort Worth System. Further, the parties hereto agree to indemnify, save and hold the other party harmless from any and all claims, demands, causes of action, damages, losses, costs, fines and expenses, including reasonable attorney's fees,that may be asserted by anyone at any time on account of the transportation, delivery, reception, treatment and/or disposal while title to the wastewater is in such party. If such liability for damages is not attributable to a specific customer or Fort Worth, such liability becomes a Fort Worth expense. 22.3 Contracts made and entered into by either Customer or Fort Worth for the construction, reconstruction or repair of any delivery facility shall include the requirements that the independent contractor(s) must provide adequate insurance protecting both the Customer and Fort Worth as insureds. Such contract must also provide that the independent contractor(s) covenant to indemnify, hold harmless and defend both the Customer and Fort Worth against any and all suits or claims for damages of any nature arising out of the performance of such contract. 23. Compliance with Permit Cnriditionc Customer acknowledges that Fort Worth is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all permit conditions in any way relating to the collection system and the discharge into the collection system. Customer agrees, that in the event a fine is assessed against Fort Worth for any violation of any permit condition, and the violation is attributable to any act of omission or commission by Customer, to indemnify Fort Worth and pay to Fort Worth the amount of such fine. If such fine is not attributable to a specific customer, such fine becomes a Fort Worth expense. 24. T.Cm This contract shall terminate at midnight, April 34, 2017. Thereafter, the parties may negotiate the terms and conditions under which Fort may continue to provide wastewater treatme DFF9C1AI REM& Bethesda Water Supply corporabon Ashford Park and Vista Oak Addition / Y Wastewater con4act n TEX. �(lalr Q6 Page 19of2i �1 s t:':Jd�HO Xa 25. Force MM is P� .tire 25.1 No party hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either party to pay costs and expenses) if such failure of performance shall be due to an uncontrollable force beyond the control of the parties, including but not limited to, the failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non-action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight such party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to remove such inability with all reasonable dispatch. 25.2 In the event the proper operation of the Fort Worth System, as a result of the above,requires Fort Worth to temporarily interrupt all or part of the services to Customer, no claims for damage shall be made by Customer against Fort Worth and Customer hereby release Fort Worth from any liability therefore. Fort Worth will exercise its best efforts to insure that such interruptions will not adversely affect the health and welfare of Customer's residents. 26. Termination 26.1 This agreement may be terminated in whole or in part by the mutual consent of Customer and Fort Worth. Notwithstanding anything contained herein to the contrary, any material breach by either party hereto to perform any of the duties or the obligations assumed by such party hereunder or to faithfully keep and perform any of the terms, conditions and provisions hereof shall be cause for termination of this agreement by Fort Worth in the manner set forth in this paragraph. Fort Worth shall deliver to Customer ninety(90)days prior written notice of its intention to so terminate this agreement if Customer fails to cure or adjust such material breach, including in such notice a reasonable description of the breach. If within said ninety(90)days Customer shall fail or refuse to cure such default to the satisfaction of Fort Worth, then and in such event, Fort Worth shall have the right with six months advance written additional notice to Customer and without any liability whatsoever on the part of Fort Worth to declare this agreement terminated. In the event of Bethesda Water SupplyCorpoatton Fi � ����Ashford Park andont vita Oak Addition � �t'asua atsx Contact Tf Page.��af2Z . ,� Y �1✓1 � termination of this agreement, all rights, powers, and privileges of Customer hereunder shall cease and terminate and Customer shall make no claim of any kind whatsoever against Fort Worth, its agents or representatives, by reason of such termination or any act incident thereto, provided Fort Worth acted reasonably and such termination was not unreasonable, arbitrary and capricious. Fort Worth shall advise Customer in writing immediately upon acceptance of the cure of any default. The following breach, default or failure to perform a duty or obligation shall be considered to be a material breach: a. Failure to adopt and enforce any rule or regulation that Customer is required to be adopted and enforced herein; b. Failure to make any payment of any bill, charge or fee as provided for in this agreement; C. Making any connection to the Fort Worth system at any point except as provided in Section 2.2 hereof, d. Failure to provide Fort Worth ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Failure to provide Fort Worth rights-of-way as required herein; f. Failure to permit any sampling of wastewater as provided for herein; 9. Failure to disconnect industrial users of Customer pursuant to Section 9.3; 11. Failure to maintain the quality of discharge as required in Sections 10.2 and 10.3; i. Failure of Customer to cornplyArith Section 11.2 hereof; j. Failure of Customer to comply with Section 23 hereof. 26.2 In the event of any other nonmaterial breach, default or failure to perform duties under this agreement, Fort Worth shall deliver to Customer sixty (60) days advance written notice of such default. If Customer fails to cure such breach, default or failure, then Fort Worth shall give Customer written notice of such failure to cure and may surcharge Customer Five Thousand Dollars ($5,000)per month until such time as Customer cures such nonmaterial default. 26.3 Any failure by Fort Worth to so terminate this agreement or the acceptance by Fort Worth of any benefits under this agreement for any period of time after such material breach, default or failure by Customer shall not be determined to be a waiver by Fort Worth of any rights to terminate this agreement for any subsequent material breach,default or failure. 26.4 Any failure by Customer to so terminate this agreement or the acceptance by Customer of Bethesda Water Supply Corporation Ashford Park and Vista 0A Addition wastewater contract Page 21 of 27 any benefits under this agreement for any period of time after such breach, default or failure by Fort Worth shall not be determined to be a waiver by Customer of any rights to terminate this agreement for any subsequent material breach,default or failure. 27. Regional Wastewater At1thority Q 7 In the event Fort Worth is designated as a regional wastewater authority or agency by a duly authorized regulatory body,or if Fort Worth should elect to contract with or assign this contract to a regional wastewater authority to provide all or part of the services covered by this agreement, the parties hereto agree that any such regional wastewater authority may, by way of assignment of this agreement, assume the same obligations and receive the same benefits as Fort Worth. Customer hereby grants to Fort Worth the specific right to assign this agreement subject to the provisions of this section. 28. Wholesale S4tem Access FeeYg 28.1 Customer agrees to pay to Fort Worth a Wholesale System Access Fee on a quarterly basis for each new or enlarged connection for wastewater service made within the Customer Service Area served by the General Benefit capital facilities of the Fort Worth System. The first payment hereunder shall be due and payable one hundred twenty (120) days following the execution of this contract. The Wholesale System Access Fee to Customer 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 Wholesale System Access Fee shall be consistent with all applicable state and federal regulations, including Chapter 395, Texas Local Government Code, or any amendment or successor statute thereto, 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 Customer from charging their own retail customers impact fees in excess of the Wholesale System Access Fee charge provided for herein. 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 capital improvements or facility expansions as permitted by Chapter 395, Texas i seal Government the t Code or any amendment thereto, or by any successor statute thereto,hereinafter referred to as "Chapter 395", and Viill not he'yp�,( BethesdaWaurSupply Corporation Of��X1711 ,I J��VO�`.l�J Ashford Park and vista Oak Addition ���(u'' �1 " r+ Q(,,�� wasuwater Contract V u ti' 6 C �Ipb'��1n� Pagc22of27 Ff. -. 11911 TIM used for operation and maintenance expenses. Once expended, such funds and all interest earned thereon will be considered a "contribution" for rate setting purposes only. 28.3 Customer shall provide to Fort Worth such information that relates to the making of new and/or enlarged connections within the Customer Service Area 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 Fart Worth nor Customer shall waive any impact fee due from a retail customer for a new or enlarged connection to its respective system within its jurisdiction. 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). In accordance with the requirements of Chapter 395. Fort Worth will update the land use assumptions and capital improvements plan upon which the Wholesale System Access Fees are based. 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, 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 consultant 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 the required studies. 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 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 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 also meet with Fort Worth's citizen advisory committee as such citizen's advisory committee reviews and considers land use assumptions, the capital 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 a copy of the proposed land use assumptions, capital improvement plan or Bcthesda Water Supply Corporation Ashford Park and Vista oak Addition Wasteaater Contract Page 23 of 77 x access fees at least 30 days prior to any scheduled hearing thereon. Any revised access fee adopted pursuant to such updated capital improvements plan shall not take effect for a period of at least ninety(90)days after adoption by Fort Worth. 28.8 Each year Fort Worth shall provide to the wholesale Wastewater Advisory Committee an audited financial statement of the Fort Worth Water Department's records related to the collection of Wholesale System Access Fees. 28.9 Fort Worth and Customer agree that the methodology for the calculation of Wholesale System Access Fees required herein is consistent with the methodology prescribed by Chapter 395. 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. 29. Wastewater System Adyisogz Committee Customer shall annually appoint a representative to be a voting member of the Wastewater Advisory Committee which Committee is hereby created and established and whose purpose shall be to consult with and advise Fort Worth, through the Director, on matters pertaining to planning, improvements, grants, rate studies, budgets, administration, and additional wholesale customers, whether same be wholesale customers of Customer or Fort Worth. Said Committee, at its first meeting, shall elect a Chairman, Vice-Chairman and Secretary. The Committee may establish. bylaws governing the election of officers, meeting dates and other matters pertinent to its functioning. 30. Fffertive Tate This contract, together with all terms and conditions and covenants, shall be effective upon the date of its execution. 31. Misr..el an ou� 31.1 This agreement is subject to all applicable federal and state laws and any applicable permits, ordinances, or amendments adopted pursuant to Section 10.1 rules, orders and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained Bedkesda water Supply Corporation Ashford Park and Vista Oak Addition Wastewater Cout=t Page 24 of 27 herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order,rule or regulation in any forum having jurisdiction. 31.2 Customer agrees to abide by any changes in this contract made necessary by any amendment or revision to state or federal regulations. 31.3 Upon prior notice by Fort Worth, any duly authorized employee of Fort Worth bearing proper credentials and identification shall notify Customer of need for access to any premises located within the Customer Service Area as may be necessary for the purpose of inspections and observation, measurement, sampling and testing and/or auditing, in accordance with the provisions of this contract. Customer may elect to accompany the Fort Worth representative. 31.4 In each instance herein where reference is made to a federal or state regulation, it Is the intention of the parties that, at any given time, the current federal or state regulation shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field,or if conditions change, or new methods or processes are implemented by Fort Worth, new standards shall be adopted which are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 31.5 Fort Worth must comply with all federal, state and local government requirements to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Fort Worth in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 31.6 Section headings in this agreement are for convenience only and do not purport to accurately or completely describe the contents of any section. Such headings are not to be construed as a part of this agreement or any way defining,limiting or amplifying the provisions hereof. 31.8 Whenever any disputed matter herein is to be specifically determined by the use of an arbitrator, the following procedure is to be followed. The party requesting that the dispute be settled by arbitration shall serve on the other party a request in writing that such matter be handled by arbitration. Customer and Director shall mutually agree in writing on the selection of an impartial arbitrator. Such agreement shall be made within ten (10) days from the date that the request for arbitration is received. If an agreement is not reached on the selection of the impartial arbitrator on or before the tenth (10th) day after the date that notice is received, the Director shall Bethesda Water Supply Corporawn Ashford Park and Vista Oak Addition Wastewater Contract Page 2S of 27 UAL RECO'kib C I ff 64 El C'K L�k�Y FT. "R"'N'TH, TEX. immediately request a list of seven qualified neutral arbitrators from the American Arbitration Association of the Federal Mediation and Conciliation Service, or their successor in function. The Customer and Director may mutually agree on one of the seven arbitrators on the list. If they do not agree within five(5)working days after the receipt of the list,Customer and Director shall alternate striking a name from the list and the name remaining shall be the impartial arbitrator. Customer and Director shall mutually agree on a date for the arbitration hearing. The decision of the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 31.9 If Customer applies for a wastewater certificate of convenience and necessity("CCN) for the Customer Service Area, Customer shall advise Fort Worth in writing prior to filing its application for a CCN. If Fort Worth desires to apply for a dual certification of the Customer Service Area,Customer agrees not to oppose such application for dual certification. 31.10 Customer agrees not to increase its Customer Service Area without the prior written consent of Fort Worth; provided, however, if the area to be added to the Customer Service Area will not be discharged into the Fort Worth System, then Fort Worth's prior written approval shall not be required. 31.11 If Fort Worth annexes any area within the Customer Service Area as it exists upon the execution of this contract or may be expanded in the future, Customer agrees to amend its wastewater CCN if a wastewater CCN was issued, to delete the areas annexed by Fort Worth. If no wastewater CCN has been issued, the Customer agrees that Fort Worth shall become the sole retail provider of wastewater service to the areas annexed. Bethesda water SUPP y corporation Ashford Park and Vista Oak Addition Wastewater Contract Page 26 of 27 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respemvo dfficcrs thereunto duly authorized. ATTEST: CITY OF FORT WORTH A By. Marty Hendrix- arc Ott City Scdretary Assistant City Manager Approval Recommended: Approved as to Form and Legality: Frank Crumb,P. E.,Director Assistay(,6tyAttorney Water Department ATTEST: BETHESDA WATER SUPPLY CORPORATION By: Secretary William J. Buford PMChairman of the Board a.intr t Authorizatioa Date Bethesda wa I`'r Supply Corporation Ashforti Park and Vista Oak Additionwastewater c(nitract Page 27 of 27 HCON CM WCIREMY Location of Ashford Park & Vista Oaks Addition - Exhibit "A" [: 7 f���I�GC�.`��i�tM'�,��..'� � E t a✓' �....iFi'�YY-I4��+.�*M•y`�:'�E s I 3 F 7 00 ! I --? ED 0 IT i r - -TERRA BLANCA \ 3 t7ford P V' t ►t n :�7 [ , FORT WORTH n. SPINKS AIRF©RTA Dlf r' --- f ---.SAKE _s»UPlane_Te>as„Norlh_Cenusi_ ?5 (�Q �et� �i&Wr t 1(q fea) EXHIBIT "B" vt „'I�1E -' -*rv :roe r ' +�isggCur ±r;-,- N��y �• .` �'.,:. a a N y'�a aA ara. t fd a.ra.bk�/a z�' a � >< ..�. � •a» ,. �M' 4 ♦: _ � yam .. P��� ri • x • � . "fit" � ��� ,. .. f " p} 3 ��8,, •�:• -rte' ->"� a.;o.�, �� _�'�..�� , 3 f .r �#4 ��•' .M M 4 ��r a r a� j` - �A .�i'... { x 71•'tiI� C`Imr�uss :rasxs BETHESDA WATER SUPPLY CORPORATI( rkillMINARY I-OR FORT WORTH SAN'TARY SEWER METER STATION 1**~6.vuwars am G.1� t,nw- •od r.4 :lua"f:. <.~a.t. klft ,"riarw,..�.r4..�,: -+=rid M SANITARY SEWER PLAN ly1.M.-tiM `a,SwtMc;*+ 5d"?6 R ♦:./',.,'">t G•s e qw gmu