Loading...
HomeMy WebLinkAboutContract 27578 j r " CITY SECRETARY CONTRACT NO. 2_� AGREEMENT FOR THE PROVISION OF TREATED WATER SERVICE TO TURTLE CREEK RANCH Whereas, Metro North Development, Inc. ("Developer") is developing one hundred eighty-five (185) single family residences within the extraterritorial jurisdiction of the City of Fort Worth, such development being known as Turtle Creek Ranch ("Development"); and Whereas, the City of Fort Worth currently does not have water and/or sanitary sewer facilities in the area to provide treated water and/or sanitary sewer service to the development; and Whereas, the Town of Lakeside has requested authority from the City of Fort Worth to provide treated water service to the Development; and Whereas, the City of Fort Worth and the Town of Lakeside desire to enter into an agreement to authorize the Town of Lakeside to provide such treated water service and to further define the terms under which such authority is granted. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: This agreement is made this day of , 2002, by and between the City of Fort Worth ("Fort Worth") and the Town of Lakeside ("Lakeside") and the parties hereto do agree as follows: 1. 1.01 Lakeside is authorized to provide water service to the Development described in Exhibit "A"; provided, however, that Lakeside is not authorized to provide water service to any other areas within the corporate limits or extra- territorial jurisdiction of Fort Worth, except to the extent mutual written agreements allow it to do so. 1.02 The extension of water lines, together with any and all other facilities necessary to provide water service to the Development shall be accomplished at no cost to Fort Worth. Nothing contained herein shall ever be construed as requiring Lakeside to extend its water lines to provide service to the Development, and the decision to do so shall be in the sole discretion of Lakeside. 1.03 Lakeside agrees to maintain that portion of its water system located within the corporate limits or extra-territorial jurisdiction of Fort Worth in such a condition so as not to create contamination of Eagle Mountain Lake, Lake Worth, or any other area. Nothing contained herein shall be construed as requiring Lakeside to maintain any line or facility or water system not owned and operated by Lakeside. 1.04 The parties hereto agree that all water facilities constructed to serve the Development and paid for by any developer shall be dedicated to Lakeside upon completion. At such time as the Development is annexed by Fort Worth and Fort Worth has the ability to provide the water service, Lakeside agrees to dedicate the water facilities paid for by any developer to Fort Worth at no cost to Fort Worth other than the payment of filing fees, if any. 1.05 At such time as Fort Worth is capable of providing water service to the Development, Lakeside agrees that it shall cease providing water to the Development and Fort Worth will connect the Development to the Fort Worth Water system. Thereafter, Fort Worth shall be solely responsible to provide water to the development. Any water meters installed by Lakeside shall be disconnected by Fort Worth and returned to Lakeside. 2. 2.01 Fort Worth shall grant without charge to Lakeside such easements and rights-of-way along public streets or other property owned by Fort Worth, as may be reasonably requested by Lakeside required to construct any water facilities necessary to provide water service to the Development. 2.02 The parties hereto acknowledge and understand that Developer will be dedicating easements and right-of-ways to the public. At such time as Fort Worth annexes the Development, the easements and right-of-ways within the annexed areas shall come under Fort Worth's jurisdiction. 2.03 Upon notice from Fort Worth, and at no cost to Fort Worth, unless agreed to in writing otherwise, Lakeside will move such water facilities constructed hereunder when located in such easements or rights-of-way owned by Fort Worth Lakeside—Turtle Creek Treated Water Contract Page 2 of 6 when reasonably necessary for performance of essential governmental duties by Fort Worth. The parties agree to coordinate the location of water facilities to prevent conflicts insofar as is practicable. 2.04 All work done under this agreement will be performed in accordance with standard Fort Worth specifications applying to work of a similar nature. 3. 3.01 The parties hereto acknowledge and understand that Fort Worth intends to extend its water facilities in the future to serve the Development. At such time as Fort Worth facilities are extended to the Development, the parties agree that Fort Worth will be the sole provider to the Development. 3.02 At the time that Fort Worth becomes the sole provider to the Development, Lakeside shall not be entitled to any compensation of any nature, it being the parties' intent that Fort Worth shall provide the water at such time as its facilities can be connected to the Development. 4. Lakeside agrees that if it files an application for certificate of convenience and necessity to cover the Development, such filing will be made jointly with Fort Worth and that both parties hereto shall request dual certification of the area where the Development is located. If and when the Development is annexed by Fort Worth or included in Fort Worth's certificate of convenience and necessity, Lakeside shall, upon the written request of Fort Worth, file an application with the TNRCC to transfer to Fort Worth its certificate of convenience and necessity and cooperate with Fort Worth to have the application approved. 5. No provision contained in this agreement shall be construed so as to create any type of partnership or joint venture between the parties hereto or create any right in a third party. Lakeside—Turtle Creek Treated Water Contract Page 3 of 6 6. Fort Worth agrees that Lakeside ordinances, rules and policies related to the provision of the utility service contemplated by this agreement shall apply to customers within the Development for so long as service is provided from Lakeside. 7. The effective date of this agreement shall be , 2002 regardless of the date that it is executed. 8. No part of this agreement shall be construed as requiring Lakeside to continuously furnish water service to the Development until such time as Fort Worth provides such service. Lakeside may terminate the furnishing of water service to the Development upon giving ninety (90) days notice to its customers within the Development and Fort Worth. 9. This agreement is subject to applicable federal and state laws and any applicable permits, amendments, orders or regulations of any state or federal governmental authority having and asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, rule or regulation in any forum having jurisdiction. 10. It is agreed that in the event any term or provision contained herein is held to be invalid by a court of competent jurisdiction, the invalidity of such term or provision shall in no way affect any other term or provision herein; further, this agreement shall then continue as if such invalid term or provision had not been contained herein. In testimony whereof, after proper action by the respective governing body of the parties hereto, we have caused these presents to be executed in triplicate copies, each of which is considered to be an original, and the seals of the respective parties to be affixed on the date above written. Lakeside—Turtle Creek Treated Water Contract Page 4 of 6 1 n ATTE TOWN OF LAKESIDE CI SECT ARY MAY R6 APP T RM AN LFGAI ITv __ T N ATTORNEY A T: CITY OF FORT WORTH (Y 4wh" j� .ry GLORIA PEARSON -7--Udq C., - CITY SECRETARY ASSISTANT CITY MANAGER APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED: GARY S EINBERGER DALE X FISSEL , P. E. ASSISTANT CITY ATTORNEY DIRECTOR Igo L,6—�� ir Contract Authorization (o- 7,0'0� Date Lakeside—Turtle Creek Treated Water Contract Page 6 of 6 N®R I'VENZ MUM F WON, WE o e . LIJ �a s � City of Fort Worth, Texas "Agor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 C-18095 60TURTLE 1 of 1 SUBJECT INTERLOCAL AGREEMENT WITH THE TOWN OF LAKESIDE TO PROVIDE TREATED WATER TO TURTLE CREEK RANCH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Interlocal Agreement with the Town of Lakeside, granting Lakeside the authority to provide treated water service to Turtle Creek Ranch. DISCUSSION: On February 18, 1998, the City of Fort Worth executed an Interlocal Agreement with the Town of Lakeside (City Secretary Contract No. 23617) to provide treated water service to a 185-lot development within the City's extraterritorial jurisdiction, known as Turtle Creek Ranch. Metro North Development, Inc. is currently developing 369 single-family residences as Phase II of the Turtle Creek Ranch development. The City of Fort Worth does not have water or sanitary sewer facilities in the area to provide treated water or sanitary sewer service to this development. The Town of Lakeside has requested authority from the City of Fort Worth to provide treated water service for Phase II of the Turtle Creek Ranch development. This Interlocal Agreement will grant the Town of Lakeside authority to extend water lines, together with any and all other facilities necessary to provide water service at no cost to the City of Fort Worth. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) C Mike Groomer 6140 �ROyGO Originating Department Head: CITY"TY COUNCIL Dale Fisseler 8207 (from) JUN 20 2000 Additional Information Contact: / W City secretary of the Dale Fisseler 8207 City of Fort Worth,Texan