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HomeMy WebLinkAboutContract 11383 TAE STATE OF TEXAS WATER AND SEWER LINE AGREEMENT COUNTY OF TARRANT CITY SECRETARY iCQNTRACTE& j This Agreement is made and entered into on the date herei t last written by and between the CITY OF FORT WORTH, TEXAS, a municipal corporation organized and existing under the laws of the State of Texas and its home-rule charter (hereinafter called "Fort Worth"), and the CITY OF EULESS, TEXAS, a municipal corporation organized and existing under the laws of the State of Texas and its home-rule charter (hereinafter called "Euless"). WITNESSETH: WHEREAS, Euless now maintains and operates, for the benefit of Fort Worth and the Trinity River Authority of Texas, (hereinafter called "Authority"), water and sewer lines which are without the corporate limits of the City of Euless and within the corporate limits of the City of Fort Worth; and WHEREAS, Euless desires to transfer ownership of certain such lines, their maintenance and operation, to Fort Worth and Authority; and e­1 WHEREAS, Fort Worth desires to assume the ownership, maintenance d operation of certain such lines for the benefit of the citizens of s city and to construct and extend certain other sewer lines to serve certain areas of its city and to interconnect same with lines of Euless and Authority; and WHEREAS, Authority, under its contractual agreements with Euless and Fort Worth, provides wastewater collection and treatment to Fort Worth and Euless and the maintenance and operation of certain such lines and metering stations attendant thereto. NOW, THEREFORE, for and in consideration of the premises above stated and the mutual covenants and agreements herein contained, Fort Worth and Euless agree as follows: I. Attached hereto and incorporated herein as though set forth in full, as Exhibit "A" hereto, are cerain maps designating the water distribution and sewer collection lines, lift and metering stations and line plugs which are the subject of the Agreement. OFFICIAL RECORD CITY SECRETRRY FT. tiYDRT�I, TES. II. The City of Fort Worth shall construct and install pursuant to its standards those sewer lines designated as 3-S-FW and 9-S-FW. Such construction shall be completed as to 3-S-FW on or before March 11 1981, and as to 9-S-FW, on or before January 1, 1985. The operation and maintenance of such lines, subsequent to their construction and installation, shall be the responsibility of Fort Worth. III. Fort Worth shall also acquire and install, at its expense, those metering stations indicated on Exhibit "A" as 8-MS-E and 2-MS-E. The installation of such metering stations shall be completed and same made operational as to 2-MS-E on or before March 1, 1981, and as to 8-MS-E, on or before January 1, 1985. Such metering stations shall, subsequent to their installation, be operated and maintained by Authority, consistent with the terms and conditions of the Agree- ment between Authority and Euless dated October 10, 1973, and the Agreement between Authority and Fort Worth dated February 20, 1976, (City Secretary Contract No. 8632) relating to sanitary sewer services. The covenants and provisions in this paragraph concerning the operation and maintenance of metering stations 8-MS-E and 2-MS-E by Authoirty are contingent upon the execution of a contract providing for same between Authority and Fort Worth. IV. Upon final completion of construction and initiation of operation of the sewer lines and metering station indicated in Articles II and III above, Euless shall abandon the lift stations designated on Exhibit "A" as 1-LS-E and 7-LS-E. Lift Station 1-LS-E shall be abandoned upon completion of line 3-S-FW and metering station 2-MS-E; and lift station 7-LS-E shall be abandoned upon completion of line 9-S-FW and metering station 8-MS-E. It is understood and agreed that upon completion of installation and initiation of operation of sewer line 3-S-FW and metering station 2-MS-E, Euless shall be entitled and Fort Worth does grant to Euless the right and capacity WATER AND SEWER LINE AGREEMENT Page Two within such lines 3-S-FW for the diversion of sanitary sewage that would otherwise be transported through lift station 1-LS-E. It is further understood and agreed that upon completion of installa- tion and initiation of operation of sewer line 9-S-FW and metering station B-MS-E, Euless shall be entitled and Fort Worth does grant capacity to Euless to divert into such line sanitary sewage that would otherwise be transported through lift station 7-LS-E. V. Upon execution of this Agreement, the City of Euless shall transfer to Fort Worth ownership of all sewer lines lying south of Pipeline Road and within the corporate limits of the City of Fort Worth except the following lines: 27-S-TRA, 18-S-TRA, 17-S-E/TRA, 23-9-TRA, 21-S and 13-S-FW. Upon completion and initiation of operation of sewer line 3-S-FW on or before March 1, 1981, the City of Euless shall grant to the City of Fort Worth the use of 5oo,000 gallons per day capacity in sewer line 13-S-Fw. Within three (3) months after final completion and initiation of operation of sewer line 9-S-FW, as provided for in Article II above, Euless at its expense, shall plug that line designated 13-S-FW on Exhibit "A" at the location designated 12-S-E on such Exhibit "A". The City of Euless shall transfer owership of line 13-S-FW, concurrent with the plugging of same, to the City of Fort Worth. on or before March 1, 1981, Euless, at its expense, shall plug, at the location indicated on Exhibit "A", that sewer line designated on Exhibit "A", as 28-S-FW and shall, concurrent with the plugging of same transfer ownership of such line to Fort Worth. VI. Those sewer lines designated on Exhibit "A" as sewer lines 4-S-E, 5-S-E, 6-S-E, 10-S-E, 11-S-E, 14-S-E, 15-S-E, 17-S-E/TRA, 19-S-E, 20-S-E, 21-S, 22-S-E, 24-S-E, 25-S-E, and 29-S-E shall remain the ownership of Euless. WATER AND SEWER LINE AGREEMENT Page Three VII. Upon final completion of construction and initiation of operation of the sewer lines and metering stations provided for in Articles II and III above by Fort Worth, Euless shall transfer ownership to Authority of those sewer lines designated 18-S-TRA and 27-S-TRA. From and after such transfer of ownership Authority shall maintain and operate such sewer lines, pursuant to the separate agreement between Authority and Euless relating to these sewer lines. VIII. On or before January 1, 1985, Euless, at its cost and expense, shall install: A) A metering station at the location designated on Exhibit "A" as 16-MS-E to meter those lines designated 17-S-E/TRA and 18-S-TRA. B) A metering station at the location designated on Exhibit "A" as 26-MS-E. C) A metering station in that line designated 30-S-TRA on Exhibit "A" at Bluebonnet Drive in the City of Hurst, Texas. Such metering stations shall, subsequent to their installation be operated and maintained by Authority consistent with the terms and conditions of the Agreement between Authority and Euless dated October 10, 1973, and the Agreement between Authority and Fort Worth dated February 20, 1976, (City Secretary Contract No. 8632) relating to sanitary sewer service. On or before January 1, 1985, Euless shall complete construction and installation of that sewer line designated on Exhibit "A" as connecting sewer lines designated 29-S-E and 25-S-E. IX. All metering installations provided for by this Agreement shall be installed pursuant to the requirements of Authority. All sewer lines and plugs to be installed by Euless pursuant to this Agreement shall be installed pursuant to standards and requirements of Euless. All sewer lines to be installed by Fort Worth pursuant to this WATER AND SEWER LINE AGREEDMNT Page Four Agreement shall be installed pursuant to standards and requirements of Fort Worth. X. It is agreed and acknowledged that sewer line designated 17-S-E/TRA on Exhibit "A" was constructed pursuant to certain Federal grant funds received by Euless, which grant requires Euless to maintain ownership of such line for a specified period. However, concurrent with the transfer of ownership to Authority of those lines designated in Article VII above by Euless, Authority shall thereafter maintain and operate sewer line 17-S-E/TRA. XI. Euless and Fort Worth agree that they will not extend that sewer tap designated on Exhibit "A" as 21-S to serve more than the existing customers now connected via such tap. XII. It is understood and agreed that the sewer line designated on Exhibit "A" as 23-S-TRA is an existing 27-inch sewer line owned and maintained by Authority. A separate agreement between Authority and Fort Worth, which Euless herein acknowledges, provides that Fort Worth shall be entitled to connect to such line to afford sewage treatment to future customers of Fort Worth within such service area. When Fort Worth desires to connect to such sewer line, Fort Worth and Authority shall then provide for the metering of such connection so as to provide proper accountability for sewage being treated as a result of such connection. XIII. Until Euless shall install those metering stations and plugs provided for in this Agreement which will allow a metered determination of sewage being treated in certain areas as between customers of Fort Worth and Euless, billing for sewage treatment to customers of Fort Worth, in those areas where same is not metered, shall be determined as an amount equal to metered water usage of such customers of Fort Worth. Fort Worth will read the water meters of such cus- WATER AND SEWER LINE AGREEMENT Page Five tomers Whose sewage' is flowing unmetered into sewer lines designated on Exhibit "A" and shall furnish the amount of such water usage monthly to Authority. Authority shall then compute the applicable sewage treatment charges resulting from such unmetered sewage of customers of Fort Worth and bill same to Fort Worth, which amount shall be deducted from the amount of sewage treatment charges to Euless. XIV. ownership of those water lines designated on Exhibit "A" as 44-W-E, 45-W-E, 47-W-E, 49-W-E (from Pipeline south); and 51-W-E shall be transferred to Fort Worth by Euless concurrent with the connection of a water supply main by Fort Worth to such lines to serve its customers. Such connection shall be made in whole or in part by March 1, 1981. in any event, ownership of all of these lines will be transferred by Euless to Fort Worth no later than March 1, 1981. From and after the transfer of ownership to Fort Worth, Fort Worth shall assume responsibility for the maintenance and operation of such lines. The water line designated 50-W-E on Exhibit "A" shall become the property of the city of Fort Worth and ownership thereof shall be transferred to Fort Worth by Euless upon the last to occur of, (a) the connection thereto by Fort Worth to serve its customers and (b) the connection and installation by Euless of an alternate, parallel line within the corporate limits of Euless along Pipeline Road; it being provided herein that both events (a) and (b) shall occur on or before March 1, 1981. XV. hose water lines designated on Exhibit "A" as 31-W-E, 32-W-E, 43-W-E 7-W-E, 38-W-E, 41-W-E, 42-W-E,A and 48-W-E shall remain the ownership of Euless. XVI. Those water lines designated on Exhibit "A" as 33-W-FW, 34-W-FW, 35-W-FW, 36-W-FW, 39-W-FW, and 40-W-FW shall remain the ownership WATER AND SEWER LINE AGREEMENT Page Six of Fort Worth.. XVII. That water line designated on Exhibit "A" as 46-W-E shall remain_th-a joint ownership of Euless and Authority. XVIII. Those water lines designated on Exhibit "A" as 52-W-TRA and 53-W-TRA shall remain the ownership of Authority. XIX. Until such time as ownership of a given water line is transferred to Fort Worth by Euless as provided hereinabove, Euless will con- tinue to read meters serving customers in Fort Worth and will con- tinue to bill those customers individually for service rendered as it has in the past. Upon transfer of ownership as scheduled hereinabove, Fort Worth will read the meters for all customers in Fort Worth and will bill those customers for service rendered in accord with applicable Fort Worth rates. Where water to serve such customers is obtained from Euless, pending connection to the Fort Worth supply system after March 1, 1981 (as probably will be the case for customers connected to lines 44-W-E, 45-W-E, and 47-W-E), Fort Worth shall report monthly to Euless the total volume of water supplied to such customers serviced by the Euless supply, and Euless shall bill the City of Fort Worth for water so supplied to Fort Worth at its applicable rates for water supply to a municipaltiy. XX. Upon the execution of the collateral agreements between Euless and Authority and Fort Worth and Authority, billing for water and sewage shall be in accordance with the collateral agreements between each City and Authority; provided, however, that prior to the execution of such collateral agreements, the billing for water shall conform to the billing method set forth in Article XIX above, and sewer shall be billed in accordance with the method set forth in Article XIII above for billing of unmetered sewage. XXI. This Agreement shall become effective upon approval by the City Councils of Fort Worth and Euless and execution by the respective WATER AND SEWER LINE AGREEMENT Page Seven City Managers of Fort Worth and Euless and when approved as to form and legality by the respective attorneys for Fort Worth and Euless. APPROVED --A-S�TO FORM AND LEGALITY: FORT WORTH: By: By: 16u 71-L e JI-" Fort Worth Ci y Attorney City Manager 77��// y/�g Date: `fl,�Yill�2,/�.b, Z4 /°/Q ATTEST: Date For W rth City Secretary APPROVED AS TO FORM AND LEGALITY: EULE/SSS�: B Y= By: ss Cit Attorne City Manager Date: 4-2 - 90 ATTEST: Date: / tea _7- �!� uless City Secreta� gpPROVEA BY CITY GOlmG111• Q�& -j}�' �3t D WATER AND SEWER LINE AGREEMENT Page Eight City of Fort Worth, Texas Mayor 'and Council Communication DATE REFERENCE SUBJECT: Contract Between City of Fort Wor h PAGE NUMBER and City of� Euless--for-Water and Sewer 8 X6/80 C-5223 Lines Located in-the-City of Fort Worth IOf 2 In 1963, _the_City of_Fort..Worth..annexed the-area-shown_on Attachment;Aand contained within the.boundary-from.Bell.Helicopter-Plant:located:at Bell Spurto the old Greater Southwest_Airport>_-The north-boundary-:o£ the annexation was Pipeline Road and=the.south�boundary_was_the-Rock-Island Railroad. The_water_aud_sewer>£adilities._ n 'this area were developed_and.owned by private .utility-companies>- The-City:of :Euless_purchased_these-systems-and operated those facilities:in-both Euless:aud-Fort:Worth`prior:to:and-after annexation. . .Euless-contracted:.with_the_Trinity_River_Authority'(TRA)-to provide sewage treatment:for_the-wastewater-generated in their.City-and..the_customers inside Fort-Worth.—TRA..constructed -a trunk':sewer_from_their Central'_Seiiage Treatment Plant 'to Sulphur -Creek-located west of the:Bell-=Industrial District. TRA also constructed trunk collectors-through the City of Fort Worth in Sulphur Branch, Hurricane Branch:-and Boyd Branch. The_staffsof_Euless,_F-ort_Worth.and.TRA-have been-woxkiug:for.two-years developing agreements_whereby-the:water sand :sewer=lines:inside:the City limits of Fort Worth would be.transferred-to-Fort Worth and-TRA. ..A-proposed_contract-has.been_negotiated_between-the-City=of-Euless and City of Fort-Worth-in=:which-the-City of Fort Worth-will assume-ownership, operation and maintenance-of water -and-sewer -lines located -within the City limits of Fort Worth and presently being .served by the City of Euless. .The•proposed contract.further states that .Fort.Wor-th.will-construct, operate :and maintain:a-sewer line.which.will.extend-across-the-American Airlines property to.a.City..of Euless .existing .lift station:at+the-west-City limits of Fort Worth at.Hunnington_Drive... -This .line and .metering -facilities-will-serve Fort Worth and Euless and_wil1._cost .approximately-$100!000 -A-metering-station will be con- .. str_ucted by 4Fort earth, and Fka"s-will-be.-permitted to tie..into the system-.--, Euless will.transfer_ownersh4--f-fire-10'=-serer:in:.Euless-South Main Street to .the.City.of..Eort..W.orth._ This_line-will-provide=adequate•capacity to fully develop:the._area._in-Fort._Wouth:knovTi:.as the-Town`of Tarranto .Fort Worth_will_be_authorized .to.connect-to•the trunk.mains in Boyd Branch, Hurricane-Branch and:Sulphur_Branch-which will_permit..the City to expand its services.in-each of these drainage basins. Euless.will-transfer to Fort-Worth:the.water and -sewer lines south of Pipeline Road.and the.customers-they-serve : Euless will build.metering stations-on certain.sewer_lines=stipulated .by.the-contract-so-the=flow from Euless may be determined-before-it-enters-the-City of Fort Worth. This contract_will_permit-the-Fort-Worth_Water-Department-to.provide water and sewer services-to-this-ar.ea_in_an.orderly manner. DATE REFERENCE SUBJECT: Contract-Between.City of Fort Wo h PAGE NUMBER and City of Euless for Water-and Sewer C-5223 8/18:$0 Lines-Located.in•the--Cia - of Fort Worth It is proposed that-the-City Manager _be .authorized to-execute the contract between the.City of-Fort-Worth and .the City:of--Euless-transferring ownership, operation rand maintenance Of water-and,=sewer .facilities located in the City of Fort-Worth,-.and--presently-owned'-by the City of Euless, -It.is_..further..proposed.to-provide.funds .for .construction..of a-meter!Ag station and a sewer line crossing American Airlines! property- to'the City of Euless existing lift-station-at the-vest City li wits.of:.Fort Worth;. -and .for construction of a metering .station•-and-a sewer-main-.within.-the-Fort..Worth-City limits rp to connect to ark exis'ti'ng' City bf Euless pump°'station`located on Pipeline Road, by appropriate.bond fund transfer. The..staff believes-that-.the.future -cost..Of the..=facilities.to be constructed by the City of Fort-Worth-will`be offset by the acquisition>of the facilities now owned by the.City of Euless, " Recommendations. It is.recommended that: 1. A bond-,fund.transfer.be-approved in-the .amount.'of_$100,.000-_f'r9m Account No. 052-014901=00..°Unspecified Major�-Mains'.I to.Account-No.°052-014916-00, "American-Airlines :Collector Sewer"; 2. .A.bond..fund.-transfer._be-approved-in the amount_of_$100,000-.from Account No. 052-014901-00.:."Unspecified-.Major.Mains'.' to-.Account Nm.- 052-014917-00, Area '.'D'.' Collector Sewer"; and 3. -The City-Manager .be-authorized-to-execute-the-attached-contract .between the City of Fort Worth-and-the-..City of .Euless'tr-ansferr-ing water and sewer facilities to Eort`Worth.in accordance with conditions."Bt!pulat'ed in the contract. 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