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HomeMy WebLinkAboutContract 19352 CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH, TEXAS, AND BETHESDA WATER SUPPLY CORPORATION STATE OF TEXAS COUNTY OF TAR RANT This contract and agreement is made and entered into this day cif by and between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting by and through Mike Groomer, its duly authorized Assistant City Manager, hereinafter called "Fort Worth, " and Bethesda Water Supply Corporation, located in Tarrant County, Texas, acting by and through Maurice F< Shepherd, its duly authorized Chairman of the Board, hereinafter called "Customer. " WHEREAS, Fort Worth has provided at its own expense, and now owns, operates and maintains facilities for processing and distributing a large supply of surface water, and at the present time is qualified to furnish and deliver treated water, both within and without the corporate boundaries of Fort Worth; and WHEREAS, Customer has provided at its own expense and now owns, operates and maintains a distribution system; and furnishes water service to the customers within its boundaries, and WHEREAS, Customer does not have and cannot provide economically and within a reasonable per-Jod of time, any other source of water supply, fully adequate to meet its present and/or future needs or potential emergency needs; and REAS, it is deemed to be in the best interest, of both Fort ep;031&. RMCI CA,F TA a, W- a-1.1, Worth and Customer that said parties do enter into a mutually satisfactory agreement by means of which Customer may obtain from Fort Worth a supply of treated water at a reasonable rate; and WHEREAS, by the execution of this contract, neither Fort Worth nor Customer will surrender any of its rights to the ownership and operation of its present water production and distribution facilities . NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, for and in consideration of the mutual covenants, promises and agreements contained herein/ Fort Worth and Customer do hereby covenant and agree as follows : I . Definitions "Annual Consumption" is the total quantity of water purchased under the terms of this contract by Customer during the fiscal year of Fort Worth as determined by the difference in the annual October meter readings . 1 . 2 "Average Daily Use" is the total Annual Consumption divided by 365 days . 1 . 3 "Treatment, Pumping and Transmission Charge" is that part of the rate charged for 1, 000 gallons used, regardless of rate of use, This charge shall include the maintenance and operation costs, and the capital facilities cost on the part of the production and transmission system related to annual use, 1 . 4 "Customer System" is all necessary Customer mains and distribution facilities on the Customer's side of the meter from 2 and beyond the point of delivery of treated water by Fort Worth. "Delivery Facility" is any facility necessary for the transmission of water from the Fort Worth System that is on the Customer's side of the point of delivery that is constructed specifically to allow Fort Worth to serve Customer. 1 . 6 "Director" is the Director of the City of Fort Worth Water Department or his designee. 1 . 7 "Fiscal Year" is the fiscal year of Fort Worth from October I through September 30 . 1 ® "Fort Worth System" is the Fort Worth water treatment and distribution system. 1Q9 "General Benefit Facilities " are water facilities that provide utility services and benefits core non to all customers which include water treatment facilities, metering facilities, control systems and appurtenances, storage facilities, pumping facilities and all major mains that are sixteen inches ( 16 " ) and greater in diameter. 1 . 10 "MGD" is million gallons per day. 1 . 11 "Maximum Day Demand" is the maximum quantity of water used by Customer during one calendar day of the Fiscal Year of Fort Worth. 1 . 12 "Maximum Hour Demand" or "Peak Hour Rate" is the quantity of water used by Customer during the one hour of the year thaIC, more water passed through the meter or meters serving the Customer than during any other hour of the Fiscal Year of Fort Worth multiplied by 24 hours . 3 1 . 13 "Rate of Use Charge" is the fixed charge determined for the Maximum Day Demand in excess of Average Daily Use and the Maximum Hour Demand in excess of Maximum Day Demand rates of use. 1 . 14 "Raw Water Charge" represents the rate for 1,000 gallons charged by the Tarrant County Water Control and Improvement District No. 1 to Fort Worth for raw water to be sold to the Customer plus eight percent ( 8% ) of said rate, representing Fort Worth system losses of four percent (4% ) , and the street rental charge of four percent (4%) . 1 . 15 "Wholesale System Access Fee" is a capital contribution funding or recouping the costs of General Benefit Facilities capital improvements or General Benefit Facilities facility expansions necessitated by and attributable to new development. 1 . 16 "System Cost" is the operating expense and capital related cost incurred by Fort Worth pursuant to the provision of water treatment and transmission to the wholesale class of water customers . Such costs are to be collected by Fort Worth as a component of the annual cost of providing wholesale water service. 1 . 17 "Volume Charge" represents the combined treatment, pumping and transmission charge and the raw water charge in effect for the current Fiscal Year. 1 . 18 "Capital improvements " means any of the following facilities which provide utility services and benefits common to all customers and that have a life expectancy of three or more years, whether such capital improvements are located within the jurisdictional limits of Fort Worth or the service area of 4 Customer: water treatment facilities, metering facilities, control Systems and appurtenances, storage facilities, pumping facilities and all mains that are sixteen inches ( 16 " ) and greater in diameter. 1 . 19 "Facility Expansion" is the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or an expansion of an existing facility to better serve existing development . 2 . Terms and Conditions 2 = 1 Fort Worth agrees to furnish and sell to Customer treated water of potable quality meeting all applicable governmental standards, delivered under the normal operating pressure prevailing in the Fort Worth System at the point or points of delivery mutually agreed upon. Customer agrees to accept delivery under the conditions of this agreement and to pay for the same in accordance with the terms herein. 2 . 2 In accordance with the terms of Fort Worth City Secretary Contract No. 12720 between Fort Worth, City of Arlington, City of Mansfield, Trinity River Authority and the Tarrant County Water Control and Improvement District No. 1, this contract shall be deemed subordinate in all respects to the water requirements of the above contracting parties as specified in Section 3 of that contract. 5 2 . 3 If Fort Worth shall ration the use of water throughout lus corporate limits or issue water conservation measures or restrict the use of water in any way, Customer agrees to institute and apply the same rationing, conservation measures, or restrictions to the use of water by the customers of Customer for so long as any part of the total water supply of the Customer is being furnished by Fort Worth. Fort Worth agrees to consult with the Water System Advisory Committee, hereinafter referred to, in the development of any conservation or rationing plans that may be necessary to address operational constraints whether or not same are required by any state or federal regulatory agency, or are deemed advisable by the Water System Advisory Committee to manage long term System Costs, except where emergency conditions may dictate short-term conservation or rationing requirements as may be determined by the Director to meet all necessary water demands ® 3 . Location and Maintenance of Measurina Devices 3 . 1 All water furnished under this agreement by Fort Worth shall be measured by one or more suitable meters equipped with continuous flow chart-recording devices or telemetering equipment connected with the Fort Worth control center. All meters, recording devices , telemetering equipment and appurtenances shall be approved by Fort Worth and installed by customer, Customer shall pay for the meter vault and all metering equipment, including telemetering equipment to the Fort Worth control center, and appurtenances, plus the installation cost thereof . Fort Worth 6 shall pay all costs associated with the operation and maintenance of said equipment and shall pay for the replacement of said equipment as necessary. Such costs, as well as charges for the telelink line and microwave transmitter and the power to operate same, shall be a System Cost . 3 . 2 The point or points of delivery of treated water by Fort Worth shall be the meter vault connection to Customer 's side of the meter, and all necessary mains and distribution facilities from and beyond said point shall be the responsibility of Customer. The location of each meter shall be mutually agreed upon in writing by and between the parties hereto, and the meter or meters shall not be moved or relocated except by mutual consent in writing by the parties hereto. 3 . 3 For the cost of each additional Customer connection to the Fort Worth System, Customer will pay an amount not less than that which would be paid by a developer to Fort Worth under its then existing connection and line extension policy, or an amount agreed upon mutually by Fort Worth, Customer, and the Water System Advisory Committee. 3 ®4 Either party, at its own expense, may install a check meter to check or measure the volume of water passing the master meter, provided that, if such check meter is installed, the same rules and regulations relative to its operation, maintenance and reading shall apply as to the master meter being tested. 4 , Meters 7 4 . 1 Fort Worth shall routinely test for accuracy, and service and calibrate it necessary, the master meter(s) no less than once during each twelve ( 12 ) month period. Copies of the results of such calibration and all related information shall be provided to Customer. Customer shall have access to the metering 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 test shall be provided to the Customer at least seventy-two ( 72) hours prior to such test being conducted and Customer may observe such test, if so desired. 4 . 2 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 . All meters will be properly sealed, and the seals shall not be broken unless representatives of both parties have been notified and given a reasonable opportunity to be present . 8 4 � 3 If any meter used to determine the flow of treated water to cu tone is ourt or service or out or repair so that the amount of water metered cannot be ascertained or computed from the reading thereof, the water delivered during the period such meter is out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. The basis for estimating such flow includes, but is not limited to, extrapolation of past patterns of flow for said metering station under similar conditions . In the event that the parties hereto cannot agree on the extrapolated estimate of water volume delivered, agreement on the flow volume will be determined by third party arbitration, as hereinafter provided® 5 , Meter Reading and Billing 5 ® 1 Fort Worth will read all meters provided for herein at monthly intervals, and the parties to this agreement shall have free access to read these respective meters daily, if either party so desires . It shall be the duty of the parties to give immediate notice, each to the other, should any meter be found not functioning properly, and, upon such notice; repairs to such meter shall be made promptly, 5 . 2 All readings of meters will be entered in ink upon bound journals malintained by Fort Worth, Customer shall have access to such records during reasonable business hours and shall be furnished with monthly readings for each point of delivery metering facility. 9 5 � 3 If Customer has more than one point of connection to the Port Worth System, the sum of all meter readings and rates of flow shall be used for the purpose of calculating the water Volume Charge and the Rate of Use Charge. 5A A review of water usage amounts by Customer for the past twelve ( 1 2 ) months shall be made during the presentation of the October bill each year. The October statements shall be prepared so as to reflect any and all Rates of Use Charges which have not been previously billed and paid. A copy of the rate of flow charts or other records showing the Maximum Day Demand and the Peak Hour Rate of the year shall be furnished to Customer with the October billing. 5 . 5 Bills for water service shall be rendered to Customer monthly by Fort worth. All such bills shall be due and payable by Customer not more than thirty ( 30 ) days from the billing date. The bills will show current charges, as well as past-due charges, if any, 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 . 5 . 6 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, as hereinafter provided. Dispute of a bill shall not be grounds for non-payment . In the event a payment is not paid 10 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 that a billing adjustment is agreed upon or established by arbitration the amount found to be incorrect will be credited to 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. 6 . Rates 6 . 1 Method of Rate Determination 6 . 1 . 1 Wholesale water rates will be based upon a cost-of-service rate study performed by independent utility rate consultants as provided for in Section 6 . 1 . 4 hereof. The independent utility rate consultant shall be selected by the Director from a list of five qualified firms submitted to the Director by the Water System Advisory Committee. The cost of any such study shall 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 . 6 . 1 .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, metering, 11 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® The rate base shall consist of all allocated capital facilities, net of depreciation and 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. 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. 6 . 1. 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%) . 6 . 1 .4 For the Fiscal Years beginning October 1, 1993, 1996, 1999, 2002, 2005 and 2008, a detailed wholesale water rate study will be performed by an independent utility rate consultant selected by the Director in conformance with Section 6 . 1 . 1 herein. The same methodology used in the Immediate previous rate study will be utilized by the rate consultant so selected. In the interim 12 Fiscal Years between detailed rate studies, Fort Worth will adjust wholesale water rates annually, using the same methodology as the last detailed rate study, and will utilize the actual operating data for the twelve month period ending September 30th of the prior year, adjusted for all known and measurable changes in cost data that may have occurred since the last audited financial statement. Such adjustments should allow for year-end trending and the spreading of non-recurring expenses over an appropriate benefit period. 6 . 1 . 5 Changes in the wholesale water rate methodology will be allowed if recommended by a majority vote of the Water System Advisory Committee and approved by the Fort Worth City Council . For purposes of this section, a majority is defined as any combination of Fort Worth wholesale customers that took more than fifty percent (50%) of the wholesale water delivered by Fort Worth during the immediate past Fiscal Year. 662 Rates to be Used 6 . 2 . 1 The charges for the initial period of this contract shall be from the date of its execution through September 30, 1992, and have been computed as follows : The Treatment, Pumping and Transmission Charge shall be $0 . 4437 per 1 , 000 gallons withdrawn by Customer. The raw water charge shall be $ . 6166 per 1, 000 gallons for Customers inside the Tarrant- County Water Control and ImpMvement District #1, and $ . 7075 for Customers outside the District. The annual charge per M of Maximum Day Demand in excess of Average Daily Use shall be $84 ,403 per 13 MGD, and Maximum Hour Demand in excess of the Maximum Day Demand shall be $27 , 388 per MGD. The service charge shall be $25 . 00 per month per meter. 6 . 2 . 2 The amount charged for raw water shall be increased or decreased when the raw water cost paid by Fort Worth for water available for treatment and sale to Customer is increased or decreased as determined by the Tarrant County Water Control and Improvement District No. 1 in accordance with Fort Worth City Secretary Contract No. 12720, and adjusted for system losses and street rental . 6 . 2 . 3 The parties hereto agree that services obtained pursuant to this contract are essential and necessary to the operation of Customer's waterworks facilities and that all payments made by 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 resolutions of Customer authorizing the issuance of any revenue bonds of Customer which are payable from its waterworks and wastewater systems , 6 . 2 . 4 Customer agrees, throughout the to of this agreement, to fix and collect such rates and charges for water 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 14 the 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 . 6 . 2 . 5 Customer understands that the Fort Worth City Council has the right to annually revise the rates charged to cover all reasonable, actual, and expected costs . Revision of rates shall be pursuant to the provisions set forth in this contract. Fort Worth shall give Customer a minimum of six ( 6 ) months notice of intent to revise rates . Fort Worth will furnish members of the Water Advisory Committee a draft copy of the cost-of-service study of the proposed rates sixty (60) days prior to Fort Worth submitting a rate increase request to its City Council . Within thirty ( 30) days of receiving the draft study, the Committee will submit its written comments on the draft study to Fort Worth, and Fort Worth will respond to these comments as soon thereafter as possible® If the Committee has not provided its written comments within said period, the Committee is deemed to have accepted the proposed rates contained in the draft study. Customer agrees that it will be bound by the rates as approved by the Fort Worth City Council . The rates approved by the Fort Worth City Council shall be the rates to be used in this contract for the succeeding Fiscal Year. 7 . EAYMqii for Water Payment of charges to Fort Worth for water used by Customer shall be made as follows: 15 7 1 The annual payment will be the charges computed based on all water delivered by Fort Worth to Customer during the current Fiscal Year using rates provided herein. For purposes of calculating the annual payment, the current year will be the Fiscal Year during which the water usage occurred. However, the minimum annual payment, will be the greater of the following: 1) the charges calculated by applying the current Volume Charge to Annual Consumption, the appropriate meter reading and billing charge, and the Rate of Use Charge for the current Fiscal Year; or 2) the current Fiscal Year Volume Charge, the appropriate meter reading and billing charge, and the current Fiscal Year Rate of Use Charge applied to the average of the Maximum Day Demand above Average Daily Use and the average of the Maximum Hour Demand above Maximum Day Demand for the most recently completed three Fiscal Years . The most recently completed three Fiscal Years will include the current Fiscal Year; or 3) Twelve thousand dollars ( $12, 000) . 7s2 The rate at which water is withdrawn by Customer from the Fort Worth System shall be regulated by rate-of-flow controllers, Pumps, or other approved methods . The rate of withdrawal shall be controlled so that the maximum rate shall not exceed 1 , 35 times the Maximum Day Demand experienced during the previous year unless Customer has notified the Director in writing at least (6) months prior to the date of the anticipated increase in the Maximum Day Demand. The Director shall be furnished with 16 all pertinent information regarding the proposed increase in maximum rate of withdrawal . The Director may waive all notice requirements if, in his sole opinion, said notice is not necessary to protect the interest of Fort Worth. 7 ® 3 Except as provided for in section 8 below, the monthly payment will be the greater of either one thousand dollars ( $1, 000) or a sum equal to the Volume Charge for the actual volume of water taken plus one twelfth ( 1/12 ) of the sum of the estimated Rate of Use Charges and the appropriate Fiscal Year charges for meter reading and billing. For purposes of estimating the rate of use payments, the current Fiscal Year Rate of Use Charges will be applied to the prior Fiscal Year 's Maximum Day Demand, Maximum Hour Demand and Average Daily Use. 7 . 4 The total annual payment for water by Customer shall be related to the annual and peak volumes used by Customer during the Fiscal Year, as determined by meters, telemetering equipment recording devices, or other approved methods, subject to the annual payment provisions set forth above. The October bill for September usage shall reflect any necessary adjustment to the annual payment due to actual rates of withdrawal from the Fort Worth System, Example: The rate used in the example is based on Customer not being in Tarrant County Water Control and Improvement DistrIc"[1 No. 1 and water being withdrawn at one metering station, and the Volume Charge and Rate of Use Charges in effect until September 30, 1992 . Rate of Monthly Usage Volume Use Service Month Consumption Charges Charges Charaes Total oct: 1,000, 000 $ 1, 151 . 20 $ 1, 504 . 97 $25 $ 2, 681 . 17 Nov. 1, 000, 000 1, 151 . 20 1, 504 . 97 25 2, 681 . 17 Dec . 1,000 ,000 1, 151 . 20 1, 504 . 97 25 2,681 . 17 Jan= 1, 000, 000 1, 151 . 20 1, 504 . 97 25 2, 681. 17 Feb. 1,000, 000 1, 151 . 20 1, 504 , 97 25 2, 681 . 17 March 2, 000, 000 2, 302 . 40 1, 504 . 97 25 3, 832 . 37 April 3,000, 000 3,453 . 60 1, 504 . 97 25 4, 983 . 57 May 3, 000,000 3,453 . 60 1 , 504 . 97 25 4, 983 - 57 June 3,000, 000 3,453 . 60 1, 504 . 97 25 4,983 . 57 July 3,000, 000 3, 453 . 60 1, 504 . 97 25 4,983 . 57 August 4, 000, 000 4, 604 . 80 1, 504 . 97 25 6, 134 . 77 Subtotal 23, 000,000 $26 ,477 - 60 $16 , 554 - 67 $275 $43, 307 . 27 Sept. 3, 000, 000 3,453 . 60 3 , 105 . 60 25 6 , 559 . 20 26, 000, 000 $29, 931 . 20 $19, 660 . 27 $300 $49,866 . 47 Prior Year Rate Of Use Calculation ( for use in estimated monthly Rate of Use Charge) Average Daily Use for the prior year 60,000 gallons Maximum Day Demand for the prior year a 175,000 gallons Maximum Hour Demand for the prior year 480, 000 gallons Maximum Day Demand above Average Daily Use 115,000 gallons Maximum Hour Demand above Maximum Day Demand 305,000 gallons Monthly Excess Maximum Day and Hour Payment Calculation . 115 mg X $84,403 $ 9, 706 . 35 (Maximum day) . 305 mg X $27, 388 8, 353 . 34 (Maximum hour) Total $18, 059 . 69 Monthly Rate of Use Payment (Total Divided by 12)= $1,504 . 97 A. The annual payment calculation will be computed on the basis of the current year maximum usage rates or the average of the maximum usage rates of the most recent three Fiscal Years, whichever is greater. In Example A, the current year exceeds the average of the most recent three Fiscal Years . Current Year Rate Of Use Calculation Average Daily Use for the year 71, 233 gallons Maximum Day Demand for the current year 2200, 000 gallons Maximum Hour Demand for the current year 520,000 gallons Maximum Day Demand above Average Daily Use 128, 766 gallons Maximum Hour Demand above Maximum Day Demand = 320, 000 gallons Fiscal Year Average of Most Recent Three Years 18 CURRENT FY FY FY 1.991 1990 Maximum Day Demand above Average Daily Use 128, 766 115, 000 130, 000 Maximum Hour Demand above Maximum Day Demand 320, 000 305, 000 325, 000 Three year average of Maximum Day Demand above Average Daily Use 124,589 Three year average of Maximum Hour Demand above Maximum Day Demand 316 , 667 Customer's annul payment will be baud on the greater of the current year maximum usage rates or the average of the maximum usage rates of the most recent three Fiscal Years . Annual Payment Calculation FY '92 Rates eased on Current Year Data) 26, 000 X $ 1 ® 1512 $29 � 931a20 1288 mg x $84,403 10, 871 . 11 83200 m g $27, 388 8, 764 ® 16 12 $25 l 300 . 00 Total Annual Payment $49, 866 ® 47 Previous Billings for October through August Usage 43, 307 . 27 October Billing for September Usage $ 6, 559 . 20 B. Example of computation when the average of the maximum usage rates of the most recent three Fiscal Years is greater than the current Fiscal Year rate of use: Current Year Rate of Use Calculation Average Daily Use for the current year 71, 233 gallons Maximum Day Demand for the current year 200, 000 gallons Maximum Hour Demand for the current year 520, 000 gallons Maximum Day Demand above Average Daily Use 128, 766 gallons Maximum Hour Demand above Maximum Day Demand 320, 000 gallons Fiscal Year Average of Most Recent Three Years CURRENT FY FY Maximum Day Demand FY 1991 1990 above Average Daily Use 128, 766 230, 234 130, 000 Maximum Hour Demand above Maximum Day Demand 320, 000 323, 010 325, 000 19 Three year average of Maximum Day Demand above Average Daily Use 129,670 Three year average of Maximum Hour Demand above Maximum Day Demand 322 , 670 Customer's annual payment will be based on the greater of the current Fiscal Year maximum usage rates or the average of the maximum usage rates of the most recent three Fiscal Years . Annual Payment Calculation FY ' 92 Rates (Based on average of most recent three years ) 26 , 000 X $1 . 1512 $29, 931 . 20 . 1297 mg X $84 ,403 10, 947 . 07 . 3227 mg X $27 , 388 8, 838 . 11 12 X $25 X 1 300 . 00 Total Annual Payment $50, 016 . 38 Previous Billings for October through August Usage 43, 307 . 27 October Billing for September Usage $ 6 , 709 . 11 8 . Effective date of contract 8 . 1 The effective date of this contract shall be the date that Customer is first capable of withdrawing water from the Fort Worth System. At the time of the execution of this agreement, Customer does not have facilities to permit it to withdraw water from the Fort Worth System. Water rates in effect at the time that Customer first withdraws water from the Fort Worth System shall be used to calculate any and all charges provided for in the agreement. 8 . 2 The effective date of this contract for billing purposes shall be the fifteenth ( 15th) day of the month in which the transmission main and the meter installation are placed in service by the City of Fort Worth. The billing for the first month will be prorated according to the number of days of actual service included 20 in said billing, 8 . 3 If the initial period of use of water by Customer under the terms of this agreement is less than a Fiscal Year, the annual rate of use charged shall be reduced in the proportion that the period of use bears to the Fiscal Year. Average Daily Use for the initial period will be the total Annual Consumption divided by the number of days served during the initial period of use. 9 . Life of contract 9 . 1 This contract shall expire on December 31, 2010, and may be renewed on terms mutually agreeable to the parties hereto. 10 . Certificate of Convenience and Necessity- 10 . 1 Customer currently is the holder of a Certificate of Convenience and Necessity (CCN) , same being CCN No. 10089, issued by the Texas Water Commission, authorizing Customer to provide treated water service within the limits of the CCN. Customer agrees that it shall not amend its CCN to increase its service area within the extraterritorial jurisdiction of Fort Worth without the prior written consent of Fort Worth. Customer further agrees that it will not amend its CCN so as to increase its service area to areas not within Fort Worth's extraterritorial jurisdiction without the prior written consent of Fort Worth; provided, however, that if such Proposed additional service area places no additional burden on the Fort Worth System, prior written consent shall not be 21 required. 102 At such times as Fort Worth annexes areas served by Customer either presently or in the future, such areas being included in Customer's CCN, Customer agrees to file with the Texas Water Commission such documents as may be necessary to delete such areas from its CCN, if so requested in writing by Fort Worth. Such request may be made at any time after annexation. Customer understands and acknowledges that Fort Worth, upon providing such request, desires to amend its CCN in order to include such newly annexed territory and Customer agrees not to oppose such a request by Fort Worth to amend its CCN. 1083 Upon Customer deleting from its CCN the territory described in 10 . 2 above, and Fort Worth amending its CCN to include the same, Fort Worth agrees to Pay to Customer the value of improvements owned by Customer in said areas, thereby acquiring same. Fort Worth and Customer agree that the value to be paid by FortWorth to Customer shall be the depreciated book value of the improvements or assets so acquired actual cost excluding meters . Meters shall continue to be the property of Customer, and Fort Worth and Customer agree to cooperate to change out such meters . 11 . Mate genc �val 11 . 1 The Customer System shall be approved by the Texas State Agency having jurisdiction and authority during the life of this contract. If at any time the Customer System is not approved by the said State Agency, or if Customer does not have an active 22 cross-connection control program, there shall not be any direct physical connection between the Fort Worth System and the Customer System unless an approved backflow prevention device has been provided and installed and this installation has been approved by the said State Agency. All expenses to provide and install backflow prevention device(s) will be borne by Customer. As of the date of the execution of this Agreement, the State Agency having jurisdiction and authority is the Texas Water Commission. 12 . Resale of Water 12 . 1 Customer agrees that it will not share facilities for water system use with any other governmental or corporate entity outside of the certificated area of Customer, commonly known and referred to as its service area, without the express written consent of Fort Worth, which consent shall not be unreasonably withheld. Fort Worth neither recognizes nor approves any existing agreements entered into by Customer with other governmental or corporate entities outside its service area. 12 .2 Only those existing connections outside of the Customer's Water System that are shown in Exhibit B, attached hereto, shall be permitted to continue. Except with the express written consent of the Tarrant County Water Control and Improvement District Number One and Fort Worth, the treated water supplied by Fort Worth pursuant to this contract shall not be made available to parties located outside the service area described in CCN No. 10089; provided, however, that Bethesda may provide treated water to the Mohawk Water Supply Company or to the Bethany Water Supply Corporation under the presence of emergency conditions. 23 13 . Sanitary Sewer Facilities 13 . 1 The Customer agrees that it will require all of its customers, who are provided water from the Fort Worth System, to have adequate sanitary sewage facilities, including septic systems, which meet the State Agency requirements . 14 . Additional Parties 14 . 1 Fort Worth will use its best efforts to provide an adequate water supply for all of its customers . Prior to the approval of additional wholesale customers, Fort Worth will provide reasonable assurances that the projected five-year water demands of the then-existing wholesale customers so served and the proposed additional customer can be adequately fulfilled. Fort Worth will Consult with the Water System Advisory Committee prior to contract- ing with additional parties . 15 . Water system Advisory Committee 15 . 1 Customer's governing body shall annually appoint a representative to be a voting member of the Water System Advisory Committee, whose purpose is to consult with and advise Fort Worth, through the Director, on matters pertaining to conservation, wholesale planning, improvements, grants, wholesale rate studies, administration, budgets, and additional wholesale customers, whether same be wholesale customers of Customer or Fort Worth. The Committee may establish bylaws governing the election of officers, meeting dates and other matter pertinent to its functioning. 16 . 24 System Access Fees 16 . 1 On a quarterly basis, Customer agrees to pay to Fort Worth a Wholesale System Access Fee for each new or enlarged connection for water service made within Customer's service area served by the General Benefit Facilities of the Fort Worth Water System. The Wholesale System Access Fee to the Customer for each such connection shall be based upon the size of water meter and shall be equal to the Wholesale System Access Fee collected for the same size water meter made within the jurisdiction of Fort Worth. The calculation of said Wholesale System Access Fee shall be consistent with all applicable state and federal regulations, including Chapter 395, Texas Local Government Code, or any amendment or successor statute thereto, and shall include only those costs associated with General Benefit Facilities expansions and capital improvements necessary to provide service to new development. Nothing within this contract shall be deemed to prevent either Fort Worth or Customer from charging their own retail customers impact fees in excess of the Wholesale System Access Fee provided for herein. 16 . 2 Fort Worth agrees that all monies remitted to it pursuant to this Section will be placed in a separate interest bearing account to pay only for the cost of constructing capital improvements or facility expansions as permitted by Chapter 395, Texas Local Government Code, or any amend tent thereto, or by any successor statute thereto, and will not be used for operation and maintenance expenses . Once expended, such funds and all interest earned thereon will be considered a "contribution" for rate setting purposes only. 25 16 . 3 Customer shall provide to Fort Worth such information that relates to the making of new and/or enlarged connections within its service area as may be requested by the Director, including but not limited to building permits, with each quarterly payment required in this section. 16 .4 Neither Fort Worth nor Customer shall waive any impact fee due from new or enlarged connections to its respective system within its jurisdiction or its service area. However, either Fort Worth or Customer may pay such impact fee into the fund required for paying for the capital improvements . 16 . 5 The Water System Advisory Committee created pursuant to Section 15 hereof shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee Committee (CIFC) . Every three years, beginning June, 1992, Fort Worth will update the land use assupmtions and capital improvements plan upon which the Wholesale System Access Fees are based. In June 1992 and every three years thereafter, the CIFC shall submit a list of five qualified engineers or planning consultants to the Director. The Director shall select a consultant from such list to assist Fort Worth in developing land use assumptions, identifying capital improvements, and formulating capital improvement plans and access fees ® The consultant shall be responsible to Fort Worth and its citizen's advisory committee, but shall also report to the CI C . The cost of the consultant shall be deemed a System Cost. In the event the CIFC fails to submit a list of five consultants to Fort Worth, Fort Worth shall select a consultant to perform in the manner described herein, 16 . 6 Fort- Worth agrees that only those capital improvements 26 as defined in section 1 . 18 hereof shall be included in the capital improvements plan for the purpose of determining Wholesale System Access Fees; provided however, Fort Worth may include other capital improvements for the purpose of determining impact fees to its own retail customers . Fort Worth shall not be required to include all capital improvements in any capital improvements plan. The CIFC shall be responsible for working with Fort Worth and its consultant to determine the capital improvements to be included in the calculation of any Wholesale System Access Fees , The CIFC shall recommend to the Water System Advisory Committee which capital improvements should be included in the calculation of any Wholesale System Access Fees , The CIFC shall also meet with Fort Worth's citizen advisory committee as such citizen's advisory committee reviews and considers land use assumptions, the capital improvements plan and impact fees . 16 , 7 Prior to the adoption of any land use assumptions, capital improvements, or access fees by Fort Worth, the CIFC shall be furnished a copy of the proposed land use assumptions, capital improvement plan or access fees at least 30 days prior to any scheduled hearing thereon. Any revised access fee adopted pursuant to such updated capital improvements plan shall not take effect for a period of at least ninety ( 90) days after adoption by Fort Worth. 16 , 8 Each year Fort Worth shall provide to the Wholesale Water Advisory Committee an audited financial statement of the Fort Worth Water Department 's records . 16 . 9 For the period of time from January 1 , 1991 until June 5, 1993, Customer agrees to pay to Fort Worth the water access fees per new connection based upon Exhibit "A" attached hereto and 27 incorporated herein for purposes and intents . After June 5, 1993, Customer agrees to pay access fees in such amounts as may be determined in the manner provided in this Section 16 . 16 . 10 Fort Worth and Customer agree that the methodology for the calculation of Wholesale System Access Fees required herein shall be consistent with the methodology prescribed by Chapter 395, Texas Local Government Code - or any amendment or successor statute thereto. In the event that such statutory methodology is amended or replaced by a new statute, the Wholesale Water Advisory Committee may engage legal counsel to work with Fort Worth to propose amendments to this contract to conform it to such amendment or new statute. The reasonable cost of such legal counsel shall be a System Cost. 17 . Termination 17 . 1 This agreement may be terminated in whole or in part by the mutual consent of Customer and Fort Worth. Notwithstanding anything contained herein to the contrary, any material breach by either party hereto to perform any of the duties or the obligations assumed by such party hereunder or to faithfully keep and perform any of the terms, conditions and provisions hereof shall be cause for termination of this agreement by either party 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 material breach to the satisfaction of Fort 28 Worth, then and in such event, Fort Worth shall have the right, with six months additional advance written 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 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 breach. 17 . 2 In the event Fort Worth shall ration the use of water throughout its corporate limits or issue water conservation measures or restrict the use of water in any way as provided for in Section 2 . 3 hereof, and Customer fails or refuses to institute and apply the same rationing, conservation, or restrictions to the use of the water by the customers of Customer, Customer shall be in breach of this agreement. The notice provisions as contained in Section 17 . 1 hereof shall not apply and the Director, in his sole discretion, shall, in writing, set such time in which the Customer shall cure said breach. If Customer fails or refuses to cure said breach within the stated time, then and in such event, after six ( 6 ) months written notice provided to Customer and without any liability whatsoever on the part of Fort Worth, Fort Worth shall have the right to declare this agreement terminated. In event of termination of this agreement, all rights , powers, and privileges of Customer hereunder shall Cease and Customer shall make no claim 29 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 . 17 . 3 Irrespective of whether or not a breach hereof is a material breach or a non-material breach, and irrespective of any cure of such breach, a second breach of the same nature violating any to or condition herein shall entitle Fort Worth, after six ( 6 ) months written notice provided to Customer and without any liability whatsoever on the part of Fort Worth, to declare this agreement terminated. In event of termination of this agreement, all rights, powers, and privileges of Customer hereunder shall cease and Customer shall make no claim of any kind whatsoever against Fort Worth, its agents, or representatives, by reason of such termination or any act incident thereto, provided Fort Worth acted reasonably and such termination was not unreasonable, arbitrary and capricious . 17 .4 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 resolution or conservation measure or rationing 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 382 hereof; d. Failure to correct any potentially hazardous 30 connection i 18 . 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) shall not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity in the Fort Worth System. 18 . 2 Liabilities for damages arising from the proper treatment, transportation and delivery for all water provided hereunder shall remain with Fort Worth to the point of delivery and, upon passing through the meter, liability for such damages shall pass to the Customer, save and except that Fort Worth's sole responsibility is to provide to Customer water of a quality which meets state and federal drinking water standards ® Each party hereto agrees to save and hold the other party harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the quality, transportation and delivery while water is in the control of such party. This covenant is not made for the benefit of any third party. Fort Worth takes the responsibility as between parties hereto for the proper treatment, quality, transportation, and delivery of all such water provided by it to the point of delivery, 183 Contracts made and entered into by either Customer or Fort Worth for the construction, reconstruction or repair of any Delivery Facility shall include the requirement that the independent contractor(s ) must provide adequate insurance protecting both the Customer and Fort Worth as co-insureds . Such contract must also provide that the independent contractor(s ) 32 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 . 19 . Force Malp-11'rp- 19 . 1 If by any reason of force majeure either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreement, other than the obligation of the Customer to make payments required under the terms hereof, then if such parties shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. 19 . 2 The term "force majeure" , as employed herein, shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of goverru-nent and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, and inability on the part of Fort Worth to deliver water hereunder or L �L the Customer to receive water hereunder on account of any other 33 cause not reasonably in the control of the party claiming such inab.L.L-Lty, M Notices 20 . 1 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, TX 76102 Customer: Bethesda Water Supply Corporation 300 East Renfro Street Fort Worth, Texas 76028 The parties hereto shall indicate in writing any change that may occur in such respective addresses from time to time. 21 . Inspection and Audit 21 . 1 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 . 22 . Miscellaneous 22 . 1 Fort Worth and Customer agree that if Fort Worth should enter into any future contract for supplying treated water to any 34 municipality under more favorable terms or conditions than set forth herein, this contract shall be amended to provide the same terms and conditions with -respect to the sale of treated water to Customer. 22 ® 2 During a temporary emergency condition created by unforeseeable mechanical failure or by unprecedented high rate of water usage such as might result from a major fire or a major water main break, it may be necessary that water be withdrawn from the Fort Worth System at a rate of usage in excess of that required for the usual peak requirements of Customer. It is agreed that extra Rate of Use Charges that would normally be applicable shall not apply for such bona fide emergency withdrawals provided that Fort Worth is notified in writing within 48 hours of the occurrence of an emergency condition. In any event, the volume and Rate of Use Charges for all water delivered shall be due and payable as described elsewhere herein. 22 . 3 At the request of the Director, Customer agrees to furnish water to areas and premises situated adjacent to the boundary of Customer and within the boundaries of Fort Worth. The metered quantity of water used in this area each month by Fort Worth shall be the total of all individual customer meter readings . At the option of Customer or Fort Worth, a master meter may be installed where practicable at the expense of Fort Worth to meter all water used by Fort Worth under the terms of this section. 22A The metered quantity of water furnished by Customer to Fort Worth shall be deducted from the total quantity of water withdrawn from the Fort Worth System by the Customer before the charge for water service to Customer is computed in accordance with 35 the payment computations set forth and based on the Volume Charge described herein and the quantity of water so withdrawn from the Fort Worth System. 22 . 5 This agreement is subject to all applicable federal and Mate laws and any applicable permits, amendments, orders, or 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, order, rule or regulation in any forum having jurisdiction. 2 ® 6 Customer agrees to abide by any changes in this agreement made necessary by any new, amended, or revised state or federal regulation. 22 . 7 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 service area or served by Customer as may be necessary for the purpose of inspections and observation, measurements, sampling and testing and/or auditing, 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. 228 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 36 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 or the Federal Mediation and Conciliation Service, or either's 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. All costs of arbitration shall be considered a System Cost , 22 . 9 If requested by the Director, Customer shall provide quarterly the following data: A. Actual number of customer accounts consuming directly or indirectly from the Customer System within its service area; B. Classification of domestic and nondomestic accounts within its service area by number and percentage of accounts consuming directly or indirectly from Customer System within its service area; 37 C= Customer water usage from all sources other than the Fort Worth System, including, but not limited to, ground water, other surface water, and water supply agreements with other entities; D. 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 require either party to incur unreasonable expenses in providing such data® 22 . 10 Customer may not assign this agreement without the prior written consent of Fort Worth. Fort Worth may not assign this agreement without the prior written consent of Customer; provided, however, in the event Fort Worth is designated as a regional water 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 water authority to provide all or part of the services covered by this agreement, the participants hereto agree that any such regional water authority may, by way of assignment of this agreement, assume and receive the same obligations and responsibilities, the same benefits as Fort Worth; further, Customer hereby grants to Fort Worth the specific right to assign this agreement to such regional water authority. 23. 23 . 1 No 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. 23 . 2 In addition to any other remedy as may be provided by 38 law, this agreement shall be specifically enforceable by the parties hereto. Venue for any action shall be in Tarrant County, Texas . 23 . 3 It is agreed that, in the event any to 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 to or provision contained herein; further, this agreement shall then continue as if such invalid term or provision had not been contained herein. 24 . Connection to Fort Worth System 24 . 1 Customer's point of connection to the Fort Worth System shall be substantially that as shown on Exhibit "C" , attached hereto and made a part hereof . Customer shall be responsible for the design, acquisition of rights-of-way, and cost of construction for a 16 " water transmission main, together with all instrumentation to complete the Fort Worth Supervisory Control and Data Acquisition connecting telemetry from the existing Fort Worth 20" water transmission main in the east right-of-way of I-3 W, extending in an easterly direction along the right-of-way of FM- 1187 to a point east of Oak Grove Road, more particularly as shown in Exhibit "C,I . 24 . 2 The plans and specifications for sajid 16 " to be constructed by Customer shall be subject to the prior written approval of Fort Worth. At a minimum, the construction standards shall be at least to the standards of the Fort Worth Water Department. 39 24 . 3 Customer, at its sole cost and expense, shall provide all necessary construction engineering and staking for the work to be accomplished under this article . Fort Worth shall be responsible for construction inspection, together with preparation of as-built drawings . Customer, at its sole cost and expense, shall also have the right to inspect such work during its progress ® 24 . 4 Upon completion of the work and the acceptance of same by Fort Worth, Customer agrees to convey to Fort Worth all right, title and interest in and to the 16 " water transmission main, together with the transfer of easements in a form acceptable to Fort Worth. Upon such transfer and conveyance, Fort Worth shall be responsible for the operation and maintenance of said transmission main. The cost of such operation and maintenance shall be a System Cost. 24 . 5 Customer is eligible for front foot charge refunds . 24 . 5 . 1 Customer shall be entitled to receive funds equal to, but not greater than, 100% of the cost of the 16 " transmission main® 24 - 5 . 2 Front foot charges will be assessed for a period of ten ( 10) years commencing on the date that the 16 " transmission main is dedicated to and accepted by Fort Worth. 24 $ . 3 Refunds shall be made solely from front foot charges collected by Fort Worth during the period that front foot charges are assessed for service connections to or extensions from the 16 " transmission main. 24 . 5 . 4 Upon written request, refunds will be made annually during the last two months of the calendar year from front foot charge paid to Fort Worth. It is the responsibility of customer 40 requesting the refund to prove its eligibility to receive the refund due. In the event Customer fails to request a refund of front foot charges within 6 months after the expiration of the eligibility to receive refunds, such unrefunded front foot charges shall become the property of Fort Worth. IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the parties hereto, we have caused these presents to be executed in quadruplicate copies, each of which is considered to be an original and the seals of the respective parties to be hereto affixed on the date above written. ATTEST: CITY OF FP I AT -4TH W6 Z By: City Secretary, City of Fort Worth Mike Cr 6 er Assistant City Manager APPROVE / AS 0 0 LEGALITY: ity Attor Y, City of Fort Worth Date: APPROVAX RECOMMEN ED: Ric and W. Saw yg Di actor City of Fort Worth Water Department ATTEST: BETHESDA WATER SUPPLY CORPORATION Maurice F. Shep ' rd Chairman of the Board AS TO FORM AND T EGALITY: By: 41 it " EXH1111= I . Wholesale System Access Fee schedule effective the date of execution. METER EQUIVALENCY WASTEWATER ACCESS SIZE FACTOR FEE 3/4" 1 $ 161 .00 Vt 1 . 75 281 . 75 1 1/2" 4 644 . 00 2 7 1 , 127 .00 3 16 2576. 00 4#0 28 4, 508 .00 1f 6 64 10 ,304.00 8'1 100 16, 100 .00 lot# 150 24 , 150 . 00 II . Whole System Access Fee schedule effective October 1, 1991 . METER EQUIVALENCY WASTEWATER ACCESS SIZE FACTOR FEE 3/4 to 1 $ 449. 75 if# 1 . 75 787 .06 1 1/2" 4 11799.00 201 7 3,148. 25 31# 16 7 , 196.00 411 28 12 , 593.00 6" 64 28,784 .00 8°f 100 44, 975.00 lV 150 67 , 462 . 50 III . Wholesale System Access Fee Schedule effective October 1, 1992 , until June 5, 1993. METER EQUIVALENCY WASTEWATER ACCESS SIZE FACTOR FEE 3/411 1 $ 514 .00 1f, 1 , 75 899. 50 1 1/2" 4 2 ,056.00 2'1 7 3 , 598.00 3" 16 8, 224.00 41' 28 14, 392 .00 611 64 32 ,896.00 V 100 51 , 400.00 lot# 150 77 , 100 .00 EXHIBIT B EXISTING CUSTOMERS OF BETHESDA WSC 0 Bethanly Water Suppl.,v Corporat--ion 0 Mohawk Water Company A i F. w w � y T WSW z r �n I, , .n � I _ w . .. .... vwa d r EXHIBIT C Inc.