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HomeMy WebLinkAboutContract 46103CITY SECRETAW STATE OF TEXAS § CONTRACT NO. O I a% COUNTIES OF TARRANT § DENTON, PARKER AND WISE § AGREEMENT THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home - rule municipal corporation situated in Tarrant, Denton, Parker Johnson and Wise Counties, Texas, hereinafter called "City," acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and the Benbrook Water Authority, a district authorized and operated under Chapters 49 and 51, Texas Water Code, hereinafter called "Authority", acting herein by and through David Wasson, its General Manager. City and Authority are collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City of Fort Worth and the City of Benbrook have agreed to adjust the boundary between the two cities to promote orderly development, insure public safety and effective delivery of municipal services; and WHEREAS, both the Authority and the City recognize the benefits of the boundary adjustment and the need to designate responsibilities for treated water and sewer service; and WHEREAS, the Parties find that the performance of this Agreement is in the common interest of the Authority and Fort Worth, that the undertaking will benefit the public and that the division of costs and/or responsibilities fairly compensates the performing Party for the services or functions under this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the Parties hereto agree as follows: 1. Puraose The purpose of this Agreement is to describe the terms and conditions for the provision of potable water and wastewater service to areas within the City of Fort Worth's CCN, from a point near the entrance to the Whitestone Heights development at the intersection of Hawkins Home Boulevard and U.S. Highway 377 as shown. in Exhibit A ("Fort Worth Service Area") until such time as is practicable for the City to service. OFFICIAL RECORD CITY SECRET �^ �dV p3 FT. WORTH, R RECEIV ED OCT 0 9 2014 2. Provision of Treated Water and Wastewater Service to the Fort Worth Service Area by Authority A. Authority agrees to provide up to 0.72 million gallons of treated water per day (MGD) to the Fort Worth Service Area under maximum day demand conditions upon request of a customer within such Fort Worth Service Area. The Authority agrees to provide an additional 2.16 MGD of fire flow under maximum day demand conditions, resulting in a total supply of 2.88 MGD under maximum day and fire flow demand conditions. Upon request, a customer may connect to the Authority's existing water main and extend pipelines to provide service within the Water Service Area. If the Authority is at its maximum capacity and unable to meet customer demands within the Fort Worth Service Area,"the City agrees to famish to the Authority's system up to 0.72 MGD during max day demand condition and additional 2.16 MGD of fire flow under max day demand conditions, resulting in a total supply of 2.88 MGD to offset the amount of water necessary for the Authority's provision of water to the Fort Worth Service Area. Authority shall pay for water supplied by Fort Worth at the current Wholesale Water rates for volume. B. Authority agrees to provide up to 0.6 million gallons per day (MGD) of peak wet weather flow of sanitary sewer capacity to the Fort Worth Service Area. Upon request, customer(s) may connect to the Authority's existing 8-inch sanitary sewer line and extend to provide service within the Fort Worth Service Area. C. The Authority agrees that it shall be responsible for the installation and maintenance of any and all of the Authority's water and wastewater lines within Authority's Service Area. D. The City shall install meters at the point of connection from the Authority's existing water and wastewater lines to the Fort Worth Service Area connected to the Authority's SCADA system and allow, at the City's expense, connection to the SCADA system of the City. 3. City Customer's Resaonsibilities A. A customer who requests such water and/or sewer service described above shall be solely responsible for the cost of extending to the water main and/or 8-inch sewer main from the customer's property to the Authority's existing lines. Customer shall also be required to pay all normal connection fees shall pay for water supplied by the Authority at the current Retail Water rates for volume. B. Customer shall be required to construct any extension to the water and/or sewer main in compliance with the standard of the jurisdiction in which such extension shall be within. Beahrook Water Authority Agreement Page 2of6 VM C. Customer shall be required to purchase and install a meter, at its sole cost, to receive water and/or sewer service from the Authority. Customer shall also pay a deposit. Authority will read the meter and shall directly bill the customer, at the Authority's Retail Water rates, until such time as the City shall supply water and/or sewer service to the customer. Customer shall be required to pay the Authority for water and/ or sewer service until such time as the City shall supply water and/or sewer service to the customer. D. Nothing herein shall require the City or the Authority to pay for any extension, connection fee or meter to service a customer. Such cost shall be the responsibility of the customer. However, Authority shall have the right to deny service if the customer fails to comply with the provisions herein. 4. City's Responsibilities A. City agrees to provide from an interconnection with the Authority, up to 2.88 MGD of maximum flow of treated water, under fire flow conditions, or maximum day flow of 0.72 MGD under normal conditions, upon the request of the Authority, if the Authority's treated water capacity is insufficient to provide the needs of a customer in the Fort Worth Service Area. B. City agrees that is shall be responsible for the installation of any and all treated water and waste water lines within the Fort Worth Service Area, which shall then be maintained by the Authority. C. City agrees to install meters at the interconnections between the City and the Authority, connected to the City's SCADA system and allow, at the Authority's expense, connection to the SCADA system of the Authority. D. City agrees that it will require meters at the point of connection from the Authority's existing water and wastewater lines to the lines to the Fort Worth Service Area, connected to the City's SCADA system and allow, at the Authority's expense, connection to the SCADA system of the Authority. 5. Certificate(s) of Convenience and Necessitv A. Nothing in this Agreement shall amend, diminish or alter the City of Fort Worth's Certificate of Convenience and Necessity No. 12311 nor the Authority's Certificate of Convenience and Necessity No. 11260, except as necessary to provide treated water service and/or sewer service to the Fort Worth Service Areas, established by the Joint Ordinance and Boundary Agreement known as City of Fort Worth Ordinance No. 21482- 09-2014 and City of Benbrook Ordinance No. 1376. Benbrook Water Autbority Agreement Page 3 of 6 B. Both parties agree that this Agreement and the provision of treated water service and sewer service to the Service Areas within the City's CCN or the Authority's CCN shall be valid and enforceable. Both parties agree that they shall file no objection to an amendment to either party's CCN necessary to effectuate the Joint Ordinance and Boundary Agreement known as City of Fort Worth Ordinance No. 21482-09-2014 and City of Benbrook Ordinance No. 1376. Any such amendment may be submitted to the TCEQ 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. C. Authority agrees that it will continue to provide water service to Pecan Valley Golf Course/Park and City agrees that it will deduct the cost of water at wholesale volume rate from the Authority wholesale wastewater billing monthly to account for the water Authority is providing to Pecan Valley Golf Course/Park. 6. Effective Date and Termination This Agreement shall become effective only: (1) upon the approval of the Joint Ordinance and Boundary Agreement known as City of Fort Worth Ordinance No. 21482-09-2014 and upon the approval of the City of Benbrook Ordinance No. 1376; by the respective City Councils and (2) upon the full and complete execution of this Agreement by the parties. This Agreement shall continue in full force and effect unless modified or terminated by either party. Either party may terminate this Agreement upon 90 days advance written notice to the other party. 7. No Third -Party Beneficiaries This Agreement shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not be considered a third party beneficiary of this Agreement, save and except as otherwise provided for in Section 8 below. 8. Assianability The Authority may assign this Agreement, in whole or in part so long as the Authority provides the City with advance written notice of such assignment. 9. Entirety This Agreement and all attachments incorporated herein by reference constitute the entire Agreement by the Parties and any prior or contemporaneous oral or written agreements shall be replaced or superseded by this Agreement. Benbrook Water Authority Agreement Page 4 of 6 10. Severability In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 11. Venue This Agreement shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 12. Authorization The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each parry hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. 13. Notices Any notices (unless otherwise specified herein), bills, invoices or reports required by this Agreement shall be sufficient if sent by the Parties in the United States mail, postage paid, to the address noted below: If to City: Water Department Director City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 City Manager's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Benbrook Water Authority Agreement Page 5 of 6 If to Benbrook Water Authority: 14. Governmental Powers General Manager Benbrook Water Authority 1121 Mercedes Street Benbrook, Texas 76126 By execution of this Agreement neither the City nor Authority waives or surrenders any.of its respective governmental powers, immunities, or rights, except as specifically waived pursuant to this section. City and Authority expressly recognizes that Authority may seek to enforce this agreement by injunction or declaratory judgment and all other remedies that may exist at law or in equity. EXECUTED in triplicate in, on or about in Tarrant County, Texas. CITY OF FORT WORTH BENBROOK WATER AUTHORITY Fernando Costa bavid Wasson ASSISTANT CITY MANAGER DATE: 10/6114 RECOMMENDED BY: Andrew T. Cronberg, P.E. INTERIM WATER DIRECTOR APPROVED AS TO FORM ANDLEGALITY V , ,, Christa R. Llbpez-Reynolds SR. ASSISTANT CITY ATTORNEY CITY SECRETAR Benbrook Water Authority Agreement GENERAL MANAGER DATE: /D APPROVED AS TO FORM AND LEGALITY Brian C. Newby matey Hanger L>f EXHIBIT A Fort Worth Service Area Is f � EST [lsmRanwh AMI MG EST a4 owrf0a e.x •ils a (� ( d+rlloo a" -%so It A ■IapNd 1a2-1.SSGSi artl ai PumpMO.M n a ys M w • a � r.. ru.ss+a C+v.,� T.T aeD ' MIN Mw Ci +it wd8 N�, r a, `1tihf6: S¢rWce slarattotu glEutiP tlsat �, �;• �" I �Q� w1A rw�tnst boos0¢sP++�m8 3' EXHIBIT A BENBROOK WATER AUTHORM - POTENTIAL SERVICE AREAS LEGEND Elevated Storage Tw* Elevation —660 led r, •. —., ' Eievatlon <-850 ke1 oro-,, Storage Tank ® Paantial Sar-ACe Area td4 14 � � - t01aWLarger YVAeTttla CiityUA1IiS r iY •--^^- it SmollarWater Line thlet Petk PfY,e ZoMe Abn Plana SCALE IN FEET Mw Benbrook Water Authority Agreement Page 7 of 6 .