HomeMy WebLinkAboutContract 15712 Y ✓// o
l.
May 7, 1987
WHOLESALE WASTEWATER CONTRACT uli-Y SECRETARY
WINTRACT
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract made and entered into this
} , the day
of X`x , 1987, by and between the City of Fort Worth ,
Texas , a municipal corporation, acting herein by and through its
City Manager, Douglas Harman, who is duly authorized so to act,
hereinafter referred to as "Fort Worth, " and the City of White
Settlement, Texas, a municipal corporation, acting herein by and
through its Mayor , James Herring, 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 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
rim rr P rw
FT.
May 7, 1987
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, Fort Worth and Customer have previously entered
into a contract , being known as Fort Worth City Secretary
Contract No. 4543, dated December 1, 1961 , together with any and
all amendments thereto dated December 1, 1969, November 19, 1974,
December 3 , 1976 , and September 30 , 1983 , said contract and
amendments , if any, providing for wastewater treatment services;
and
WHEREAS , Customer desires to continue to contract for
wastewater treatment service and Fort Worth desires to continue
to provide wastewater treatment service to Customer; and
WHEREAS, Article 4413 ( 32c) ( the Interlocal Cooperation
Act ) and Article 11185 , §3 of the Revised Civil Statutes of
Texas , authorizes Fort Worth and Customer to enter into this
agreement;
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:
2
Pr May 7, 1987
1 . 1 Act or " the Act " 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 ) - The quantity of
oxygen utilized in the biochemical oxidation of organic matter
specified by procedure in Standard Methods, and results expressed
in terms of weight and concentration ( milligrams per liter
(mg/1) ) .
1 . 3 Calibration - 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 Customer System - The facilities of Customer used
for pretreatment, collection and transportation of wastewater to
the point of entry.
1 . 5 Delivery facilities - 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 . 6 Director - The Fort Worth Water Department Director
or his designee.
1 . 7 Domestic accounts - 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.
3
May 7, 1987
1 . 8 Fort Worth Expense 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 . 9 Fort Worth System - Fort Worth ' s wastewater
collection and treatment system.
1 . 10 General benefit capital facilities - Wastewater
facilities that provide utility services and benefits common to
all customers ; this includes wastewater treatment facilities ,
metering and sampling facilities , control systems and
appurtenances, and all major collectors and interceptors that are
eighteen inches (1811 ) and greater in diameter.
1 . 11 Indirect Discharge - The discharge or the
introduction of industrial wastes from any source regulated under
Section 307 ( b) or (c) of the Act, ( 33 U.S.C. 1317) , into the Fort
Worth System ( including holding tank waste discharged into the
system) .
1 . 12 Industrial User - A source of indirect discharge
which does not constitute a "discharge of pollutants " under
regulations issued pursuant to Section 402 , of the Act, ( 33
U.S.C. 1342 ) .
1 . 13 Industrial wastes - 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.
4
May 7, 1987
1 . 14 Infiltration - Water that has migrated from the
ground into the wastewater system.
1 . 15 Inflow - 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 . 16 Liquid Waste - 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 . 17 Metering and sampling facility - 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 . 18 Non-domestic account - 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 . 19 Non-metered area - Areas within the Customer ' s
corporate or certificated boundaries that generate wastewater
5
May 7, 1987
that do not drain into a part of the Customer System for which
wastewater flow is measured by an approved metering and sampling
facility.
1 . 20 Point of entry - 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 . 21 Pretreatment - 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 . 22 Pretreatment requirements - Pollutant concentration
discharge limitation and reporting requirements stipulated in
Fort Worth Ordinance No. 8895 and any amendments thereto, and the
Customer' s Code, as hereinafter amended, and Federal Pretreatment
Standards promulgated by the U . S . Environmental Protection
Agency.
1 . 23 Significant industrial user - 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;
6
May 7 , 1987
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 abnormally high
strength or limited and/or prohibited substances.
1 . 24 Standard methods - 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 . 25 System cost - Operating expenses and capital
related costs incurred by Fort Worth pursuant to the provision of
wastewater collection and treatment service to the wholesale
class of sewer customers. Such costs are to be collected by Fort
Worth as a component of the annual cost of providing wholesale
wastewater service.
1 . 26 System Access Fee - A capital contribution ( impact
fee, capital recovery fee, system development charge ) which
represents a proportional capital cost of general benefit capital
7
May 7, 1987
facilities capacity, less depreciation, outstanding debt, and
appropriate contributions paid to Fort Worth, required to provide
service for new connections , whether located within the
jurisdictional limits of Fort Worth or Customer.
1 . 27 Total Suspended Solids (TSS) - 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 . 28 Wastewater - 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.
2 .2 Fort Worth agrees to accept all wastewater from Customer
at the point( s ) of entry as designated on Exhibit "A" , attached
hereto and incorporated herein, and at such additional points as
may later be mutually agreed upon in writing signed by both
parties hereto.
8
May 7, 1987
2 . 3 The cost of all delivery facilities necessary to convey
wastewater to the designated points of entry, whether shown on
Exhibit "A" 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 specifica-
tions shall conform to Fort Worth ' s requirements as a minimum.
Plans and specifications for any delivery facility which actually
connects to the Fort Worth System shall be submitted to the
Director for written approval. Such approval shall not be unrea-
sonably withheld. No construction shall begin until such approval
has been given. Customer agrees that Fort Worth has the right to
make periodic inspections during the construction phase of the
delivery facilities . Final acceptance of such facility from the
9
May 7, 1987
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
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.
4. Maintenance of Fort Worth System
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 Sampling Facilities
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
10
May 7, 1987
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 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
11
May 7, 1987
or may grant to Fort Worth the right of ingress and egress to
such facilities , together with the 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;
B. 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
12
May 7, 1987
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. Rights-of-Way
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 or maintain mains or facilities within the corporate
limits of Customer 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 governmental 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
13
May 7, 1987
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. Metering and Sampling
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 , the sewage
generated within one or more areas of the Customer cannot be
accurately measured by an approved type of metering station, then
the charge for sanitary sewer service within that drainage area
will be made on a per-connection basis . In such cases , the
1 4
May 7, 1987
volume of sewage for billing purposes will be determined by
adding the product derived from multiplying the number of
domestic accounts within the 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 that
drainage area and such charges will be added to any other
charges , if 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 . This data
will be provided by Customer 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 entered in ink upon bound
journals maintained by Fort Worth. Customer shall have access to
such records during reasonable business hours and shall be
15
May 7, 1987
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
( 1050 expressed as a percentage of the full scale of the meter ,
the registration of the flow as determined by such defective
meter shall be corrected 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
16
May 7, 1987
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 the extrapolated estimate of
wastewater volume delivered, agreement on the flow volume will be
determined by third party arbitration.
7.8 Fort Worth shall periodically 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 . The sampling and testing shall
normally occur at such frequency as determined by the monthly
flow of sewerage, as outlined in the sampling table below:
Customer Flow Monitoring
(million gallons per month) (times per year)
80 and more 3
Greater than 50 and less than 80 2
50 or less 1
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
17
May 7, 1987
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 ( 10 ) days after receipt of
invoice.
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.
7.9 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 periodic
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.
18
May 7, 1987
7 . 10 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.
7.11 Costs incurred by Fort Worth under this section will be
considered to be a system cost.
8. Rates 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 independent utility rate
consultant shall be selected by Director from a list of five
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
19
May 7, 1987
original cost 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
determined 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
20
May 7, 1987
imbedded cost of outstanding debt plus one-and-one-half percent
(1 1/2%) .
8 . 4 Every three ( 3 ) years , 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 period. The first test year shall be October
lst, 1986, through September 30th, 1987 , and the first detailed
cost-of-service study shall be performed by an independent
utility rate consultant during the first two ( 2 ) calendar
quarters of 1989 , based on audited data for the immediate past
fiscal year ended September 30, 1988. On a three ( 3 ) year cycle
thereafter , 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 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 complete
21
May 7, 1987
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
approved by the Tarrant County Mayor's Council on April 27, 1987,
and adopted by the Fort Worth City Council on May 7 , 1987 , and
are as follows:
Volume Charge $0.3374 per 1000 gallons
BOD Strength
Charges $0. 0683 per pound of BOD
TSS Strength
Charges $0. 0417 per pound of TSS
Monthly Billing
Charges $27.00
8 . 6 Bills for wastewater treatment and disposal service
shall be rendered to wholesale Customers monthly by Fort Worth .
All such bills shall be due and payable by each 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
22
May 7, 1987
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 which the payment 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 each Customer hereunder shall constitute
reasonable and necessary operating expenses of Customer ' s
waterworks and wastewater systems within the meaning of Article
1113, Vernon's Annotated Texas Statutes , and the provisions of
any and all ordinances of Customer authorizing the issuance of
23
May 7, 1987
any revenue 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 provisions
of the ordinances 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 . 10 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. Industrial Connection and Monitoring
9 .1 Customer agrees that it will not permit any significant
industrial user within its jurisdiction 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
24
May 7, 1987
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 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
25
May 7, 1987
Fort Worth in locating and eliminating such prohibited
discharges.
10. Wastewater Quality
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 . 8895 and any necessary and reasonable amendments
thereto, (attached hereto and marked as Exhibit "B" and made a
part hereof for all intents and purposes ) 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 enact and
enforce ordinances or any amendments to Ordinance No. 8895 , or
any future ordinances relating to industrial discharges ,
prohibited or controlled wastes or pretreatment requirements and
such amendments and future ordinances shall become incorporated
as additional exhibits to this contract; 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 and enforce such proposed
26
May 7, 1987
ordinances or amendments no later than the effective date of the
Fort Worth ordinance or amendment.
10 . 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. 8895 , or any amendment adopted pursuant to Section 10.1.
10 . 3 Customer shall require all significant industrial users
within its jurisdiction 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
5. 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. Resale of Wholesale Wastewater Services
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 .
27
May 7, 1987
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.
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 jurisdiction which ultimately enter into the Fort
Worth System will be constructed in 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. Sludge Disposal
Customer recognizes the importance of utilizing sludge in a
timely and proper manner. Customer will cooperate with Fort Worth
28
May 7, 1987
in any environmentally sound sludge utilization program meeting
federal and state standards within the area served by Customer .
14 . Wastehaulers
Customer agrees to adopt the North Central Texas Council of
Government's model ordinance, or one similar to it, regulating
liquid wastehaulers within Customer' s service area. At a minimum,
such ordinance shall require liquid wastehaulers to be permitted
and provide for a manifest system. Further, said ordinance shall
prohibit the introduction of liquid waste into the Customer
System, directly or indirectly.
15. Assistance
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.
29
May 7, 1987
16. Payment and Finance Charge
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. Reports and Records
If requested by the Director , and/or Customer , 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 nondomestic accounts
within its 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 and/or
Customer 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
30
May 7, 1987
require either party to incur unreasonable expenses in
providing such data.
18. Notices
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: Mayor
City of White Settlement
214 Meadow Park Drive
White Settlement, Texas 76108
The parties hereto shall indicate in writing any change that may
occur in such respective addresses from time to time.
19. Inspection 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
31
May 7, 1987
law, rule or regulation, make said records and accounts available
to federal and/or state auditors.
20. Consent
20 . 1 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, Severability
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 term or condition.
21 . 2 In addition to any other remedy as may be provided by
law, this agreement shall be specifically enforceable by the
parties hereto. Venue for any action shall 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.
32
May 7, 1987
22. Ownership and Liability
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 construed as 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 a.-count 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.
33
May 7, 1987
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 insured . 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 Conditions
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. Life of Contract
The life of this contract shall be thirty ( 30 ) years from
the date of its execution and thereafter shall be subject to
renegotiation between the parties hereto.
34
May 7, 1987
25. Force Majeure
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.
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 . Fort Worth
will exercise its best efforts to insure that such interruptions
35
May 7, 1987
will not adversely affect the health and welfare of Customer' s
residents.
26. Termination
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 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
36
May 7, 1987
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 ordinance 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;
h. Failure to maintain the quality of discharge as
required in Sections 10. 2 and 10. 3;
37
May 7, 1987
i. Failure of Customer to comply with Section 11 . 2
hereof;
j . Failure of Customer to comply with Section 23 hereof.
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.
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.
Any failure by Customer to so terminate this agreement or
the acceptance by Customer of 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.
38
May 7, 1987
27. Regional Wastewater Authority
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. System Access Fees
28 . 1 Customer agrees to pay to Fort Worth on a quarterly
basis a charge for each new or enlarged connection for wastewater
service made within Customer ' s jurisdiction served by the Fort
Worth system, with the first payment being due on October 31 ,
1987 to include charges incurred through September 30, 1987. The
charge to Customer for such connections shall be based upon the
size and type of connection and shall be equal to the charge
imposed for the same size and/or type of connection made within
the jurisdiction of Fort Worth. The charge for each size and/or
type of new connection shall be equal to those as contained in
Fort Worth Ordinance No. 9853, Wastewater System Facility Access
Fees, or any amendment thereto.
28 . 2 Fort Worth agrees that all monies remitted to it
pursuant to this section will be placed in a separate account to
39
May 7, 1987
be used exclusively for treatment plant and meter and sampling
system general benefit improvements , and will not be used for
operation and maintenance expenses or collection system
improvements. 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 its jurisdiction as may be requested by the Director ,
including but not limited to building permits , with each
quarterly payment required in this section.
28 .4 Fort Worth will cause to be deposited into the proper
revenue account the appropriate charge as provided for in Fort
Worth Ordinance No. 9853, or any amendment thereto or any future
ordinance for each new or enlarged connection for wastewater
service made within Fort Worth' s jurisdiction.
28 .5 There is hereby created and established a Wastewater
System Access Fee Advisory Committee whose purpose shall be to
consult with and advise Fort Worth, through the Wastewater System
Advisory Committee, on matters pertaining to the methodology of
calculating access fees and amendments to Fort Worth Ordinance No.
9853 . Said Committee shall be composed of nine ( 9 ) members ,
three ( 3 ) of which shall be members of , and appointed by, the
Fort Worth City Council . The remaining six ( 6) members shall be
members of the City Council of Customers and shall be appointed
by the Tarrant County Mayor ' s Council . The Chairman of said
40
May 7, 1987
committee shall be a Fort Worth member elected by the membership
of the committee at its first , annual called meeting . All
committee members shall serve terms of one year but may be
reappointed by the appropriate bodies for subsequent terms . On
an annual basis beginning with the first meeting of the calendar
year the committee shall consider adjustments to the access fee
amounts and the administration of such charges and make
recommendations , through the Wastewater System Advisory
Committee , for amendments or adjustments to Fort Worth City
Ordinance No. 9853 .
29. Wastewater System Advisory Committee
Customer ' s governing body 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.
41
May 7, 1987
30. Effective Date
This contract, together with all terms and conditions and
covenants, shall be effective June 1, 1987 .
31. Miscellaneous
31 .1 This agreement terminates and supersedes that certain
contract(s ) known as City of Fort Worth City Secretary Contract
No . 2736 , 4543 , 6538 , 9052 , and 13325 . The parties have entered
into other contracts , same being City of Fort Worth Secretary
Contract No . 6216 , which is unaffected hereby and whose terms and
conditions remain in full force and effect.
31 .2 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 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 . 3 The Customer agrees to abide by any changes in this
agreement made necessary by any amendment or revision to state or
federal regulations.
31 . 4 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 Customer ' s city limits or served by
Customer as may be necessary for the purpose of inspections and
observation, measurement, sampling and testing and/or auditing ,
42
May 7, 1987
in accordance with the provisions of this contract. Customer may
elect to accompany the Fort Worth representative . To the extent
permitted by law, Fort Worth agrees to indemnify Customer for any
damage or injury to person or property caused by the negligence
of such duly authorized employee while such employee is in the
course and scope of his employment.
31.5 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 . 6 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 . 7 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
43
May 7, 1987
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 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.
44
May 7 , 1987
IN WITNESS WHEREOF , the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
I
ATTEST: CITY OF FORT WORTH
U
B
I €, ys
City Secretary �ty Manager
APPROVED AS TO FORM AND LEGALITY:
Date;
City Attorney
ATTEST: r CITY ir,,Q F WHITE SETTLEMENT
" f By
City Secretary & Mayor
APPROV AS TO ORM AND LEGALITY: _
Date ,r
City Attorney #
t N Z" .
.t
1, s
ui y o f' 1r-7ort Worth, `i exas
Mayor and Council Communication
DATE REFERENCE SUBJECT: NEW WHOLESALE PAGE
NUMBER
4-7-$7 j C-10266 WASTEWATER CONTRACTS I I of __3_
Recommendation
It is recommended that the City Council authorize the City Manager to execute new
wholesale sewer contracts with each of twenty-three (23) individual wholesale sewer
customers on the basis of the uniform contract for wholesale sewer service attached hereto
and special exceptions explained herein.
Background
Over the past three years, the City of Fort Worth has been involved actively in developing
a uniform service contract for the provision of wholesale sewer service to other local
governmental entities within its service area. The objective of developing a new contras
has been to replace the existing sewer contracts with a new uniform contractual agreement
that puts all participating customers on equal footing in terms of rates, billing procedures,
sampling methods, etc.
By means of intensive negotiations between Fort Worth and the wholesale customers during
March and April, an acceptable uniform contract for wholesale sewer services has been
agreed upon. The Tarrant County Mayors' Council voted on Monday, April 27, 1987, to
accept and approve the uniform contractual document. The following customers will
be offered these new contracts:
1. Arlington 13. Pantego
2. Benbrook Water &: Sewer Authority 14. Richland Hills
3. Burleson 15. River Oaks
4. Crowley 16. Saginaw
5. Edgecliff Village 17. Saginaw Park Utility Company
6. Everman (Blue Mound)
7. Forest Hill 18. Sansom Park
8. Haltom Citv 19. Tarrant County M.U.D. No. 1
9. Hurst 20. Trinity River Authority
10. Kennedale 21. Westover Hills
11. Lake Worth 22. Westworth Village
12. N. Richland Hills 23. White Settlement
It now remains for Fort Worth and the participating wholesale customers to officially
new ne contracts. The first step in this process is for the City Council to approve
the uniform contract that is the product of the negotiations.
Once the uniform contract is approved, however, it still will require unique modifications}
for several of the wholesale customers before the respective contracts can be executed`
officially. These modifications, or special exceptions, are required to recognize certain
legal differences between the Customers and to acknowledge any special agreements
that may be required between Fort Worth and its customers. For example, nine (9)
wholesale customers will have their respecti ve contributions "bought back" by Fort orth
this will r `quire SDI=ci l contract language, A summary of the various exceptions to the'
uniform contract is detailed below:
,
^
`
DATE RFFERENCE SUBJECT: PAGE
NEW WHOLESALE
NUMBER
WASTEWATER CONTRAC
4-7-87 C-10266
Special Condition wholesale Customer Affected
1. The uniform contract can be used Kennedale
Pantego
Richland Hills
Sansom Park
Westworth Village
2. The price and terms for the contribution Arlington
buy-back arrangement must be specified. Benbrook Water & Sewer Authority
Burleson
Crowley
Haltom City
Hurst
Lake Worth
North Richland Hills
Saginaw
Tarrant County MX.D. No. 1
3. Contract must recognize that Customer Benbrook Water & Sewer Authority
cannot pass ordinances, or grant easements, Saginaw Park Utility Company
but must nevertheless insure that (Blue Mound)
Customer can abide by all terms of Tarrant County M.U.D. No. I
the contract within its service area. Trinity River �uthority
4. Certain sections of previous contracts Arlington
other than the original wholesale contract Burleson
must remain in force. Crowley
Edgecliff Village
Forest Hill
Saginaw
Trinity River Authority
White Settlement
5. Agreement must be a "three party" Saginaw Park Utility Company
contract between Fort Worth, private utility (Blue Mound)
(Customer) and city served by the private
Arlington
6 I'lontract must allow for situations where
Customer may be required to serve Benbrook Water & Sewer Authority
Fort Worth customers. and must Burleson
specify any special billing credit/ Everman
debit arrangements. Forest Hill
Lake Worth
River Oaks
Trinity River Authority
�
�
~ '
/
DATE REFERENCE zlut3j ECI PAGE
NUMBER NEW WHOLESALE
4-7-87 C-10266 WASTEWATER CONTRACTS 3 f 3
Special Condition Wholesale Customer Affected
7. Contract must require Fort Worth to Tarrant County MUD No. 1
inspect all new lines constructed by
Customer and Fort Worth must insure that
lines are sized to serve entire drainage area.
8. Contract must specify whether Fort Worth Westover Hills
or Customer has responsibility to operate
and maintain Customer system.
The twenty-three (23) wholesale sewer contracts are drafted according to the approved
uniform contract and these various exceptions. After approval of this M&C, the final
contracts incorporating the uniform agreement and any exceptions will be sent to each
participating wholesale customer.
The deadline for executing the contract will be the same as the effective date of the
contract, June 1, 1987. In a transmittal letter from the Mayor, each customer will be
requested to return signed contracts to Fort Worth no later than June 1, 1987.
The first billing for volume and strength charges under the new contract will be on July
1. 1987. The first accrued system access fee payment from each participating customer
will be due on October 31, 1987, for all new or enlarged sewer connections added between
June lst and September 30th, 1987
Chard SaWe
CONTACT SaWeV 6202