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October 12, 1987
WHOLESALE WASTEWATER CONTRACT
CITY SECRETARY
STA'L'E OF TEXAS § CONTRACT hk,/'_
COUNTY OF TARRANT §
This contract made and entered into this, the _�At_-,_ day
of kwM&4.) , 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 Trinity River
.Authority of Texas, a governmental agency of the State of Texas ,
acting herein by and through its General Manager, Danny F. Vance,
who is duly authorized so to act, herein after referred to as
"TRA the City of Hurst, Texas a municipal corporation, acting
herein by and through its Mayor , Bill Souder , who is duly
authorized so to act, and, the City of North Richland Hills ,
Texas, a municipal corporation, acting herein by and through its
Mayor , Dan Echols, who is duly authorized so to act, herein after
referred to either as "Cities" , "Hurst" or "North Richland Hills"
respectively.
WHEREAS , the public health , welfare and safety of the
residents of Fort Worth and Cities 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
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October 12, 1987
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, TRA and Cities have an interest in
maintaining and restoring the chemical, physical and biological
integrity of waters and water resources and insuring the
reduction of pollution in said waters and water resources, and
planning the use, development, restoration, preservation and
enhancement of said waters and water resources; and
WHEREAS, Fort Worth, TRA and Cities have previously entered
into a contract , being known as Fort Worth City Secretary
Contract No. 6300 , dated April 18 , 1969 , together with any and
all amendments thereto dated October 1, 1973, and March 12, 1984,
said contract and amendments , if any, providing for wastewater
treatment services; and
WHEREAS , TRA desires to continue to connect i't ' s sanitary
sewer system to the Fort Worth System for the primary purpose of
furnishing sewer service to Hurst and North Richland Hills; and
WHEREAS, TRA desires to continue to contract for wastewater
treatment service and Fort Worth desires to continue to provide
wastewater treatment service to TRA; and
WHEREAS , Article 4413 ( 32c ) ( the Interlocal Cooperation
Act) and Article 1185, §3 of the Revised Civil Statutes of Texas,
authorizes Fort Worth , TRA and Cities to enter into this
agreement;
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October 12, 1987
NOW, THEREFORE, Fort Worth, TRA and Cities in consideration
of the terms, covenants and conditions herein contained, hereby
agree as follows:
1. Definitions
When used in this contract, these terms shall be defined as
follows:
1 . 1 Act 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 TRA used for
collection and transportation of wastewater to the point of
entry.
1 . 5 Cities System - The facilities of the Cities used
for pretreatment, collection and transportation of wastewater to
the Customer System.
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October 12, 1987
1 . 6 Delivery facilities - All facilities necessary for
the transmission of wastewater to the Fort Worth System that are
on the IRA ' s side of the point of entry that are constructed
specifically to allow Fort Worth to serve TRA.
1 . 7 Director - The Fort Worth Water Department Director
or his designee.
1 . 8 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.
1 . 9 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 . 10 Fort Worth System - Fort Worth ' s wastewater
collection and treatment system.
1 . 11 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 . 12 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
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October 12, 1987
Worth System ( including holding tank waste discharged into the
system) .
1 . 13 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 . 14 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.
1 . 15 Infiltration - Water that has migrated from the
ground into the wastewater system.
1 . 16 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 . 17 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.
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October 12, 1987
1 . 18 Metering and sampling facility - The meter , meter
vault, and all metering and telemetry equipment required to
measure and/or sample wastewater flows of TRA at point of entry
or other such locations , as may be mutually agreed upon in
writing.
1 . 19 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 . 20 Non-metered area - Areas within IRA ' s Cities '
certificated or corporate boundaries that generate wastewater
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 . 21 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 . 22 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 ,
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October 12, 1987
chemical or biological processes , or process changes by other
means, except as prohibited by 40 CFR Section 403 . 6 (d) .
1 . 23 Pretreatment requirements - Pollutant concentration
discharge limitation and reporting requirements stipulated in
Fort Worth Ordinance No. 8895 and any amendments thereto, and the
Cities ' Code, as hereinafter amended, and Federal Pretreatment
Standards promulgated by the U . S . Environmental Protection
Agency.
1 . 24 Significant industrial user - Any industry which
discharges industrial wastes directly or indirectly into the Fort
Worth System or Customer System or Cities ' System that:
discharges 25,000 gallons per day or more of
industrial wastes;
- is subject to the National Pretreatment Standards :
Categorical Standards of the U . S . Environmental
Protection Agency; or,
has a reasonable potential , in the opinion of the
Director , to adversely affect the Fort Worth System
due to discharge of wastewater with abnormally high
strength or limited and/or prohibited substances.
1 . 25 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
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October 12, 1987
Examination of Water and Wastewaters, or as will otherwise comply
with procedures specified in state and federal discharge permits
held by Fort Worth.
1 . 26 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 . 27 System Access Fee - A capital contribution ( impact
fee, capital recovery fee, system development charge ) which
represents a proportional capital cost of general benefit capital
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, TRA or Cities .
1 . 28 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 . 29 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
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October 12, 1987
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 TRA, 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 TRA 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 the
parties hereto.
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 TRA. In the event Fort Worth
requests TRA to increase the size of any such delivery facility,
the difference in the cost of the delivery facility as designed
by TRA 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 the parites
hereto , TRA and Cities shall be responsible for the design,
contracting, construction and financing of delivery facilities
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October 12, 1987
and acquisition of any necessary rights-of-way and easements to
and from such facilities . All designs , materials and
specifications shall conform to Fort Worth ' s requirements as a
minimum. Plans and specifications for any delivery facility which
actually connects to the Fort Worth System shall be submitted to
the Director for written approval . Such approval shall not be
unreasonably withheld. No construction shall begin until such
approval has been given. TRA and Cities agree 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 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 , TRA and Cities agree
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 and Cities System
TRA and Cities agree to maintain their systems 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.
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October 12, 1987
4. Maintenance of Fort Worth System
Fort Worth agrees to maintain its system in good condition
and to make repairs in a timely manner. TRA and Cities 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 right to use, operate, and maintain TRA
metering and sampling facilities and Fort Worth shall become
solely responsible for the operational and maintenance
responsibilities associated with these facilities . TRA will
continuously provide a route of ingress and egress to said
metering and sampling facilities for Fort Worth . Fort Worth
shall have the discretion to construct improvements, expansions,
and replacements to said facilities as a system cost and at the
timing of Fort Worth ' s needs subject to the review by TRA of all
proposed construction, expansion, and replacement plans . TRA
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 TRA metering and
sampling facilities shall be considered system costs.
5 .2 Unless otherwise agreed to by the parties in writing ,
Fort Worth shall have the option to construct TRA metering and
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October 12, 1987
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 TRA constructs new
metering and sampling facilities , TRA may either transfer
ownership of such newly constructed facilities, together with all
necessary access easements and rights-of-way to Fort Worth in a
form satisfactory to Fort Worth or may grant to Fort Worth the
right of ingress and egress to such facilities, together with the
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 TRA 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;
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October 12, 1987
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
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 TRA 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
TRA and Cities shall grant, without charge to Fort Worth,
such easements and rights-of-way along public highways or other
property owned by TRA and Cities, as requested by Fort Worth, in
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October 12, 1987
order to construct or maintain mains or facilities within the
corporate limits and/or service area of TRA and Cities to provide
wastewater collection to TRA 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 TRA and Cities when
reasonably necessary to the performance of essential governmental
duties by TRA and Cities. Fort Worth shall grant, without charge
to TRA , such easements and rights-of-way along with public
highways or other property owned by Fort Worth, as requested by
TRA, in order to construct and maintain wastewater mains or
facilities within Fort Worth to provide wastewater collection to
TRA. Upon notice from Fort Worth and at TRA' s expense, TRA will
move such wastewater mains or facilities when located in such
street rights-of-way or other property owned by Fort Worth when
reasonably necessary to the performance of essential governmental
duties by Fort Worth. All work done by or on behalf of Fort
Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar
nature performed within Fort Worth, but no 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 TRA agree to coordinate the location of
the mains and/or facilities in the other ' s easements and
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October 12, 1987
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 TRA
shall be metered, unless specifically agreed to by all parties in
writing. Should the parties hereto 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 TRA and Cities 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
volume of sewage for billing purposes will be deter-mined 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 , TRA and Cities 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
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October 12, 1987
will be provided to Fort Worth no later than the 5th of each
calendar month.
7 . 3 TRA and Cities 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 all parties , if so requested .
Notification of any proposed tests shall be provided to all
parties 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. All parties shall have access
to such records during reasonable business hours and shall be
furnished with monthly totalizer readings for each point of entry
metering and sampling facility.
7 . 5 Fort Worth shall calibrate and routinely service the
meters no less than once during each six (6 ) month period. Copies
of the results of such calibration and all related information
shall be provided to all parties . Fort Worth shall notify all
parties at least seventy-two ( 72 ) hours in advance of the date
and time for any calibration and all parties 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
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October 12, 1987
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 TRA is out of
service or out of repair so that the amount of wastewater metered
cannot be ascertained or computed from the reading thereof, the
wastewater delivered through the period such meter is out of
service or out of repair shall be estimated and agreed upon by
Fort Worth and TRA 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
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October 12, 1987
normally occur at such frequency as determined by the monthly
flow of sewerage, as outlined in the sampling table below:
TRA 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 TRA and Cities with a
minimum of seven ( 7 ) day advance notification of intent to
sample, or such notification as is sufficient to allow TRA and
Cities to arrange the services of a qualified laboratory.
If , at the request of any party hereto, more extensive monitoring
is desired, such additional monitoring shall be paid for by the
party malting the request and shall be done in compliance with
Section 7. If TRA or Cities request such additional monitoring,
Fort Worth shall invoice the requesting party and payment shall
be made within ten (10 ) days after receipt of invoice.
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October 12, 1987
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. TRA and Cities 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 the other
parties hereto
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 TRA or Cities . 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
other parties upon request. Fort Worth will provide notice of
such compliance monitoring to all parties within a reasonable
time thereafter.
7 . 10 If any party hereto 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
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October 12, 1987
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
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
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October 12, 1987
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 Sys-tem. These records shall be available
for inspection at the Fort Worth Water Department during
reasonable business hours upon request by any party hereto.
8. 3 Fort Worth shall be allowed an adequate opportunity to
earn a reasonable rate of return. The return shall be sufficient
to assure confidence in the financial soundness of the utility,
shall be adequate to maintain and support its credit, shall
enable it to raise the money necessary for the proper discharge
of its public duties , and shall be equal to the weighted average
imbedded cost of outstanding debt plus one-and-one-half percent
(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
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October 12, 1987
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
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:
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October 12, 1987
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 TRA monthly by Fort Worth . All such bills
shall be due and payable by TRA not more than -thirty (30 ) days
from the billing date. The bills will show current charges , as
well as past-due charges , if any. Current charges shall be the
amount due for wastewater collection, treatment and disposal
service provided since the prior billing period. Past-due charges
shall be the total amount unpaid from all prior billings as of
the current billing date. Payments received by Fort Worth shall
first be applied to the past-due charges , if any, and thereafter
to the current charges.
8 . 7 If TRA disputes a bill and is unable to resolve the
difference informally, TRA shall notify the Director in writing .
If the Director and TRA 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
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October 12, 1987
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 TRA ' 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 TRA and Cities agree that the services obtained pursuant
to this con-tract are essential and necessary to the operation of
TRA and Cities ' waterworks and wastewater systems and Customer
represents and covenants that all payments to be made by it under
this contract shall constitute reasonable and necessary operating
expenses of its combined systems , and all such payments will be
made from the revenues received by TRA and Cities from such
systems.
8 . 9 TRA and Cities agree , 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 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.
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October 12, 1987
8 . 10 TRA and Cities specifically agree to adopt and maintain
in effect for the life of this contract ordinances , resolutions ,
rules and/or regulations within their respective jurisdictional
limits providing for a user charge system in full accord with
relevant EPA regulations.
9. Industrial Connection and Monitoring
9 . 1 TRA and Cities agree that they will not permit any
significant industrial user within their jurisdiction to connect
directly or indirectly either to their systems or to the Fort
Worth System without at least -thirty ( 30 ) days ' prior written
notification to the Director of such intent to connect . TRA and
Cities shall provide the Director with such information
pertaining to volume and composition of flow as may be requested
by the Director.
9 . 2 TRA and Cities agree to conduct any and all monitoring,
sampling and inspection of its respective System and industrial
users as necessary to insure that industrial waste introduced
into the Customer System meets the quality standards set out in
Section 10 . 2 hereof. Upon request to TRA or Cities, a representa-
tive of Fort Worth will be permitted to observe the collection of
samples from industrial users, and the applicable party agrees to
furnish Fort Worth separate duplicate samples for independent
testing , and , upon request , to provide the Director sample
analysis results and pretreatment records.
25
October 12, 1987
9 . 3 TRA and Cities agree 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 the parties
hereto for the purpose of determining the volume and quality of
wastewater entering the Fort Worth System. TRA and Cities agree
to disconnect from its respective 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 any party hereto by Fort Worth , all
parties here-to grant to Fort Worth the right to enter any party' s
respective jurisdiction if Fort Worth determines that question-
able discharges or prohibited discharges are entering the Fort
Worth System emanating from the Customer System. TRA and Cities
agree to assist Fort Worth in locating and eliminating such
prohibited discharges.
10 . Wastewater Quality
10 .1 TRA and Cities agree that on or before thirty ( 30 ) days
from date of execution of this con-tract they shall enact and
cause to be enforced an ordinance, rule, resolution or regulation
enabling each of them to enforce within their respective jurisdic-
tions regulations governing industrial waste that are at least as
26
October 12, 1987
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 l ) discharged substances; 2 ) prohibited
discharges; 3 ) pretreatment requirements; 4 ) industrial discharge
permitting system; and 5 ) industrial self-monitoring reports.
TRA and Cities agree to adopt such ordinances, resolutions , rules
and/or regulations as may be necessary for them, within their
respective jurisdiction to 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 each
party hereto 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 each party hereto shall have an opportunity to
review same . TRA and Cities shall adopt and enforce such
proposed ordinances or amendments within their respective
jurisidictions no later than the effective date of the Fort Worth
ordinance or amendment.
10 . 2 TRA and Cities agree that the quality of the wastewater
discharged into the Customer System shall be equal to or better
27
October 12, 1987
than the quality standards established by Fort Worth Ordinance
No. 8895, or any amendment adopted pursuant to Section 10 .1.
10.3 TRA and Cities shall require all significant industrial
users within their respective jurisdictions that ultimately
discharge into the Fort Worth System to apply for and obtain a
permit from the applicable party 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.
The applicable party 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 TRA or Cities 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. TRA or Cities shall provide the Director a copy of the
28
October 12, 1987
proposed contract with its wholesale customer as part of its
written notice to the Director.
11 . 2 If TRA or Cities provide wastewater services to
wholesale customers , the applicable party 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, rules, regulations or resolutions.
12. Infiltration and Inflow
TRA and Cities agree that they have an obligation to prevent
infiltration and inflow into their respective Systems and then
into the Fort Worth System. TRA and Cities further agree that all
sewer connections within their jurisdictions 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, TRA
and Cities covenant and agree to maintain strict supervision and
maintenance of their respective Systems to prevent connections
through which surface drainage can enter ultimately into the Fort
Worth System. Neither TRA nor Cities shall make, nor shall they
permit to be made, any connection which will contribute storm
water run-off from rainwater spouts , rainwater areas , streets ,
gut-ter drain or other source into its sanitary sewer system.
13 . Sludge Disposal
TRA and Cities recognize the importance of utilizing sludge
in a timely and proper manner. TRA and Cities will cooperate with
29
October 12 , 1987
Fort Worth in any environmentally sound sludge utilization
program meeting federal and state standards within the area
served by any party hereto.
14. Wastehaulers
Cities agree to adopt by ordinance, rule, .regulation or
resolution the North Central Texas Council of Government ' s model
ordinance, or one similar to it, _regulating liquid wastehaulers
within Cities' service area. At a minimum, the ordinance, rule,
regulation or resolution shall require liquid wastehaulers to be
permitted and provide for a manifest system. Further , said
ordinance , rule, regulation or resolution shall prohibit the
introduction of liquid waste into the Customer System, directly
or indirectly.
15. Assistance
15 . 1 In the event TRA or Cities request assistance with
their respective Systems, Fort Worth may, at its option, assist
the requesting party. Such party 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 the requesting party. Such costs will be
invoiced to such party and payment made within ten ( 10 ) days
after receipt of invoice.
15 . 2 In the event Fort Worth requests assistance with its
System, the other parties may, at their option , assist Fort
Worth. Fort Worth agrees to pay such parties their actual costs
30
October 12, 1987
incurred, including , but not limited to, labor and material
expended. Nothing herein shall be construed to require any party
hereto to assist Fort Worth. Such costs will be invoiced to Fort
Worth and payment made within ten ( 10 ) days after receipt of
invoice.
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 Cities and/or TRA any
party hereto 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.
31
October 12, 1987
C. Additional data which may assist Fort Worth and/or TRA
and/or Cities in developing methodology for cost of
service studies , planning studies for analyzing
federal grants , and system access fees ; provided ,
however , that no party hereto shall request data that
will require any party hereto 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
Customers: Mayor
City of North Richland Hills
P.O. Drawer 18609
7301 Northeast Loop 820
North Richland Hills, TX 76180
Mayor
City of Hurst
1505 Precinct Line Road
Hurst, TX 76053
32
October 12, 1987
General Manager
Trinity River Authority
of Texas
P. 0. Box 60
5300 South Collins
Arlington, Texas 76010
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
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
33
October 12, 1987
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 any 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.
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 no payments (whether past, present, or
future) will be construed as granting Customer partial ownership
of, pre-paid capacity in, or equity in the Fort Worth System.
34
October 12, 1987
22 . 2 Liability for damages arising out of the transporta-
tion, delivery, reception, treatment, and/or disposal of all
wastewater discharged into the Fort Worth System shall remain in
the TRA, together with title thereto , until such wastewater
passes through the point of connection to the Fort Worth System,
at which time liability for such damage shall pass to Fort Worth,
save and except that title to any prohibited discharge and any
liability therefor shall not pass to Fort Worth unless such
prohibited discharge originated in the Fort Worth System.
Further, the parties hereto agree to indemnify, save and hold the
other party harmless from any and all claims, demands, causes of
action , damages , losses , costs , fines and expenses , including
reasonable attorney' s fees, that may be asserted by anyone at any
time on account of the transportation , delivery , reception ,
treatment and/or disposal while title to the wastewater is in
such party. If such liability for damages is not attributable to
a specific customer or Fort Worth, such liability becomes a Fort
Worth expense.
22 . 3 Contracts made and entered into by TRA or Cities 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 TRA, Cities and Fort Worth as additional insureds .
Such contract must also provide that the independent
contractor ( s ) covenant to indemnify, hold harmless and defend all
35
October 12, 1987
parties hereto 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
TRA and Cities acknowledge that Fort Worth is the holder of
discharge permits issued by the United States and the State of
Texas . TRA and Cities agree that they will comply with all
permit conditions in any way relating to the collection system
and the discharge into the collection system. TRA and Cities
agree, 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 either TRA
or Cities , 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.
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,
36
October 12, 1987
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. Any 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 TRA, no claims for
damage shall be made by TRA or Cities against Fort Worth. Fort
Worth will exercise its best efforts to insure that such
interruptions will not adversely affect the health and welfare of
Cities ' residents.
26 . Termination
This agreement may be -terminated in whole or in part by the
mutual consent of TRA, Cities 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
37
October 12, 1987
shall be cause for termination of this agreement by Fort Worth in
the manner set forth in this paragraph. Fort Worth shall deliver
to TRA and Cities ninety ( 90 ) days prior written notice of its
intention to so terminate this agreement if the defaulting party
fails to cure or adjust such material breach, including in such
notice a reasonable description of the breach. If within said
ninety ( 90 ) days the defaulting party 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 such defaulting party 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 the
defaulting party hereunder shall cease and terminate and the
defaulting party shall make no claim of any kind whatsoever
against Fort Worth, its agents or representatives , by reason of
such termination or any act incident thereto, provided Fort Worth
acted reasonably and such termination was not unreasonable ,
arbitrary and capricious. Fort Worth shall advise the defaulting
party 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:
38
October 12, 1987
a. Failure to adopt and enforce,, any ordinance, rule,
regulation or resolution 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 TRA or
Cities, as applicable, pursuant to Section 9 . 3;
h. Failure to maintain the quality of discharge as
required in Sections 10. 2 and 10. 3;
i. Failure of TRA or Cities , as applicable, to comply
with Section 11. 2 hereof;
j . Failure of TRA or Cities , as applicable, 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
39
October 12, 1987
deliver to the defaulting party sixty (60 ) days advance written
notice of such default. If the defaulting party fails to cure
such breach, default or failure, then Fort Worth shall give such
party written notice of such failure to cure and may surcharge
such party Five Thousand Dollars ( $5 , 000 ) per month until such
time as the defaulting party 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 any party hereto 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 any party hereto to so terminate this
agreement or the acceptance by any party hereto 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 any party hereto of any rights to terminate this
agreement for any subsequent material breach, default or failure.
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
40
October 12, 1987
way of assignment of this agreement, assume the same obligations
and receive the same benefits as Fort Worth . TRA and Cities
hereby grant to Fort Worth the specific right to assign this
agreement subject to the provisions of this section.
28 . System Access Fees
28 . 1 TRA and Cities agree to pay to Fort Worth on a
quarterly basis a charge for each new or enlarged connection for
wastewater service made within their respective jurisdictions
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 the applicable party 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
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.
41
17-
October 12, 1987
28 . 3 TRA and Cities shall provide to Fort Worth such
information that relates to the making of new and/or enlarged
connections within their respective jurisdictions 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
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
42
October 12, 1987
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
IRA' 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 TRA
or Fort Worth. Said Committee, at its first meeting, shall elect
a Chairman , Vice-Chairman and Secretary . The Committee may
establish bylaws governing the election of officers , meeting
dates and other matters pertinent to its functioning.
30 . Effective Date
This contract, together with all terms and conditions and
covenants, shall be effective 1, 1987.
31. Miscellaneous
31 . 1 Save and except for Article I of City of Fort Worth
City Secretary Contract No. 6300 , this agreement terminates and
supersedes that certain contract ( s ) known as City of Fort Worth
City Secretary Contract No. 6300, 7955, and 13601 . TRA and Fort
43
October 12, 1987
Worth have entered into other contracts, same being City of Fort
Worth Secretary Contract No. 8632 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 TRA and Cities agree 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 identifica-
tion shall notify any party hereto of need for access to any
premises located within the Cities ' limits or served by TRA as
may be necessary for the purpose of inspections and observation,
measurement, sampling and testing and/or auditing , in accordance
with the provisions of this contract . Such party may elect to
accompany the Fort Worth representative. To the extent permitted
by law, Fort Worth agrees to indemnify TRA and Cities for any
damage or injury to person or property caused by the negligence
44
October 12, 1987
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 . TRA and Cities
agree 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
con-tents of any section. Such headings are not to be construed as
a part of this agreement or any way defining , limiting or
amplifying the provisions hereof.
31. 8 Whenever any disputed matter herein is to be specifically
determined by the use of an arbitrator, the following procedure
is to be followed. The party requesting that the dispute be
45
October 12 , 1987
settled by arbitration shall serve on the other party a request
in writing that such 'matter be handled by arbitration . Such
party 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. Such party 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, such party
and Director shall alternate striking a name from the list and
the name remaining shall be the impartial arbitrator ; provided,
however , that if more than one party hereto requests arbitration,
such parties shall have only one strike between them on each
alternating strike. The parties hereto 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.
46
October 12, 1987
IN WITNESS WHEREOF , the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
ATTEST- CITY OF FORT WORTH
By: f �
City Secretary City Manager
6 zy�
Contract Authorization
APPROVED AS ' 0 FORM AND LEGALITY: t/ '7�.y
Date:Date /
/),+City Attorney
ATTEST: CITY F HURST
By g c /
City Secretary ML yor
APP D 0 ._FO D LEGALITY:
Date:
City Attorney
ATTEST: CITY NORTH RICHL D LLS
G�
By:
'�1�
4-.-�,,JCity Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Date:
City Attorney
47
October 12, 1987
ATTEST: TRINITY RIVER AUTH RITY OF
AS
Y
By:
Secretary, Board of Directors General ger
APPROVED AS TO FORM AND LEGALITY:
Date:
Attorney
48
L ity of .Fort Worth, 411 saes
Mayor and Council Communication
DATE REFERENCE SUBJECT: I PACE
NUMBER NEW WHOLESALE
4-7-87 C-10266 WASTEWATER CONTRACTS 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 contract
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 City 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
execute new 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 respective contributions "bought back" by Fort Worth;
this will require special contract language. A summary of the various exceptions to the
uniform contract is detailed below:
DATE NUMBER REFERENCE SUBJECT: NEW WHOLESALE PAGE
4-7-87 C-10266 WASTEWATER CONTRACTS _.2
Special Condition Wholesale Customer Affected
1. The uniform contract can be used
unchanged. 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 M.U.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. 1
the contract within its service area. Trinity River Authority
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
utility.
6. Contract must allow for situations where Arlington
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 SUBJECT: PAGE
NUMBER NEW WHOLESALE 3
4-7-87 C-10266 WASTEWATER CONTRACTS
Special Condition Wholesale Customer*Affected
7. Contract must require Fort Worth to Tarrant County MUD No. I
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 1st and September 30th, 1987
RAM:hl
AU'",PIRID VED RY
SUBMITTED FOR T9_Ej
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: L APPROVED
ORIGINATING I-- OTHER (DESCRIBE)
DEPARTMENT HEAD: Richard Sawey CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: R. Sawey 8202 DATE