HomeMy WebLinkAboutContract 45359 (.0;3TY SECRETARY
CONTRACTNO*
WHOLESALE ESAL AST ATE CONTRACT
STATE OF TEXAS S
COUNTIES OF TARR ►r T, DEN TO , PARKER
AND WISE §
Ti his contract made and entered into this, the 27th day of January 200,
by and between the City of Fort Worth,, Texas, a municipal corporation, acting herein by
and through Fernando Costa, its duly authorized Assistant City Managerl hereinafter
referred t ► as "Fort Worth," and the City of Watauga, Texas, a municipal corporation,
acting herein, by and through its Mayor, Hector Garcia, who is duly authorized so to act,
hereinafter referred to as "C st mer."
WHEREAS, the public health, welfare and safety ofthe residents of Fort Worth
and the customers of Customer require the development of adequate systems of sewage
collection and disposal, the elimination of water pollution and the preservation of the
water resources of the area; and
WHEREAS, Fort Worth is required to comply with stanudards and treatment
methods for wastewater as set forth in federal, state and local lawns and regulations and
permits; and
WHEREAS, Fort Worth and Customer have an interest in ai taining and
restoring the chernical, physical and biological integrity of'w tern and water resources and
insuring the reduction of pollution in said waters and water resources, and planning the
arse, developmienit, restoration preservation and enhancement of said w�aters and water
resources; and
ft"M
OFFICIAL RECORD
CITY SECRE'TARY
B 17 1014
v WORTH9 TX
WHEREAS, Customer desires to contract for wastewater treatment service and
Fort Worth desires,to provide wastewater treatment service to Customers and;
NOW, THEREFORE, Fort Worth and Customer, in considerati�lon 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 "Acf' - The Federal Water Pollution Control Act, also known as the Clean Water Act
'"C X), as amendeld ('33, U.S. . 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/l)).
1.3 "Calibration" -Ven'fi cation of primary measuring device and secondary instrumentation
accuracy utilizing standard primary device procedures and calibraltion signals and/or a
separate flow measurement instrument.
1.4 "Capiltal Improvements" — 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 capftal improvements are located within the jurisdictional limits of
Fort Worth, or Customer; wastewater treatment facilities, metering and sampling facilities,
control systems and appurtenances, and all major collectors and interceptors that are
eighteen inches (181") and greater in diameter and rift stations, If any, associated
therewith.
1.5 "Customer System" - The facilities of Customer used for pretreatment, collection and
transportation of wastewater to the point of entry.
1.6 "Delivery Facilities" - All facilities necessary for the transmission of wastewater to the
Fort Worth System that are on the Customer's side of the point of entry that are
constructed specifically to allow Fort Worth, to serve Customer.
1.7"Director" -The Fort Worth Water Department Director or hiis designee.
1.8 "Domestic Accounts" - Sing le-fam Illy and residential duplex dwellings served by one
meter. Thais definition is used only in the context of determining billing on a
per-connection basis.
1.9 "Facility Expansion" — 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.
1.10 "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.
1.11 "Fort Worth System" - Fort Worth's wastewater collection and treatment system.
1.1,2 "General Benefit Capital Facilities" — Fort Worth's 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 (118") and greater in diameter.
1.13 "Indirect Discharge" - The discharge or the introduction of pollutants from any non-
domestic from any source regulated under Section 307('b), (c), or (d) of the Act, [40 CFR
4013(g)], into the Fort Worth System including hoilding tank waste discharged into the
system).
1.14"Industrial User" -A source of indirect discharge [4OCFR 4031.3 (h)].
11.15 "Industriall 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.
1.1 "Infiltration`' -Water that h a s, rn ig rated from the ground *1 nto the wastewater system.
1.17 "Inflow" - Water other than wastewater that enters a sewerage system (including,
sewer service connections) from sources such as, but not limited t ►, roof leadem, 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,,
sto waters, surface runoff, street wash waters or drainage. Inflow does not include,
and i's distinguished frolm, infiltration water.
1.18 "Liquid Waste" - The water-borne solids, liquids, and gaseous substances derived
from certain sources including, but not limited to, grease trap, septic tank, chemical toilet
waste and sand trap waste.
1.19 "Metering and Sampling, Facility" - The meter, meter vault, and all metering and
te!lemetry equipment required to measure and/or lam le wastewater flows of the
Customer at point of entry or other such locations, as may be mutually agreed upon in
writing.
1.20 "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.
1.21 "Non-metered Area" - Areas, within the Customer's corporate limits or within a
Certificate of Convenience and Necessity issued by any state agency that generate
wastewater that does not drain into a part of the Customer System for which wastewater
flow is measured by an approved metering and sampling facility.
1.22 "Point of Entry" - The metering facility or, where no metering facility is utilized, the
point of connection to -the Fort Worth Systern, unless otherwise mutually agreed upon, in
writing.
1.23 "Pretreatment" - The reduction of' the amount of pollutants, the elimination of
pollutants,, or the afteration, 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 Worksi. The reduction or alteration can be obtained by
physical, chemical or biological processes, or process changes by other means, except
as prohibited by 40 CFR Section 403.6(d).
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1.24 "Pretreatment Requirements" Pollutant concentration discharge limitation an
I Fort Worth Ordinance No. 12274 and any
reporting requirements stipulated "in,
amendments, thereto, as hereinafter amended, and Federal Pretreatment Standards
promulgated" by the U.S. Environmental Protection Agency.,
1.25 "Significant Industrial User" -Any industry which discharges industrial wastes directly
or indirectly late the Fort Worth System or Customer System that:
discharges 25,000 gallons per day or moire of industrial wastes,
is subject to the Nation li Pretreatment Standards.-
Categorical Standards of the U.S. Environmental
Protection Agency; o'r,
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.
1.26 "Standard Methods" - Those testing or analysis procedures as prescribed in the then
current edition of "Standard Methods for Examination of Water and Wastewater
published by the American Public Health Association and/or the U.S. Environmental
Protection Agency Manual of Methodologies for the Examination, of Water and
Wastewaters, or as will otherwise comply with procedures specifiled in state and federal
discharge permits held by Fort:Worth.
1.27 "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.
1.28, "Wholesale System Access Fee" - A capital con trib tion funding or recouping the
costs of General Benefit Facilities capital improvements or Gen rail Benefit F'acil'ities:
facility expansions, necessitated by and attributable to new development.,
1.29 "Total Suspended Solids (TSS)" - Solids, measured in mg/1, 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.
1.30 "Wastewater - All liquid or water-carried waste products, from whatever source
derived„ together with such ground water infiltration and surface water inflow as may be
present, whether treated or untreated, which is discharged into or permitted to enter into
the Fort Worth System. The words "wastewater' and "sewage"' are interchangeable.
2. Connection to the Fort Worth ,5 stern
2.1 Fort Worth hereby, grants, 'to Customer, upon compliance with the terms and
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condition in
s contaed herein, permi,ssion to, connect its System to the Fort Worth System
for the purpose of transporting wastewater generated within the Customer Service Area.
2.2 Fort Worth agrees to accept all wastewater generated in the Customer Service Area
at point(s), and at such additional points as may later be mutually agreed upon in an
amendment sligined by both, parties hereto.
2.3 The cost of all delivery facilities necessary to convey, wastewater to the designated
points of'entry, mutually agreed upon at a later date,, together with the cost of connection
of the Cult orner System to the Fort Worth System including the new metering and
sampling facilities for the new point of entry, shall be borne by Customer. In the event
Fort Worth requests Customer to increase the size of any such delivery facility, the
difference in the cost of the delivery facility as designed by Customer and the cost of the
delivery facility as requested by Fort Worth shall, be at Fort Worth's expense and may be
allocated as a system cost if so determined in future cost-of-service studies.
2.4 Unless mutually agreed to in writing by Fort Worth and Customer, Customer shall be
responsible for-the design, contractin , construction and financing of delivery facilities and
acquisition of any necessary rights-of-way and easements to and from, such facilities. All
designs, materials and specifications shall conform to Fort Worth's requiremenits as a,
minimum. Plans and specifications for any del'iveiry facility that 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 untill such approval has been
given. Customer agrees that Fort Worth has the right to make periodic inspections during
the construction phase of the delivery facilities. Final: acceptance of such facility from the
point of connection, up to and including the metering and sampling facility is subject to the
inspection and written approval of the Director.
2.5 After the date of this contract, Customer agrees, not to increase its Customer Service
Area. Customer further a' reps not to provide service to or contract or subcontract with
any new customer whose need for wastewater service would exceed 5010,000 gallons per
day without written notice to the Director.
3. Maintenance of Customer System
Customer agrees to maintain its system in good condition and to make repairs rs, in a timely
manner. Fort Worth shall not have any responsibility or liability now or ever for the
operation of'the Customer System, except as agreed to in writing, by the parties hereto.
4. Maintenance of Fort Worth System
Fort Worth agrees to maintain its system in good condition and to make repairs in a timely
mariner. Customer shall not have any responsibility or liability now or ever for the
operation of the Fort Worth System, except as otherwise provided herein.
5. Metle—rin and Sam pllnq- Facilities
5.1 Beginning on the effective data of this contract,, Fort Worth shall have the exclusive
right to use, operate, and maintain Customer metering and sampling facilities and Fort
Worth shall become sollel ly responsible for the operational and maintenance
responsibilities associated with these facilities,. Customer 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 im provements, expansions, and
replacements to said facilities, as a system cost and at the timing of Fort 'Worth':s needs
subject to the review by Customer of all proposed construction, expansi,on, and
replacement plans. Customer wil:l 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, re-construction, expansion, and replacement of Customer metel6ng and
sampling,facilities shall be considered system, costs,.
5.2 Customer shall construct new metering and sampling facilities, Customer may elther
transfer ownership of such newly constructed facilitles, 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 specifi ed 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 indicia of equity ownership.
5.3 Expenses incurred by Fort Worth, for the operation and maintenance of Customer
metering and sampling, facilities shall be system costs and shall Include,, but not
necessadly be limited, to, the follo wing
i.-
A. Cost of electricity at the facility,
B. Cost of the initial installation of the telemetry service at the facility and to the
control center and cost of monthly lease charge for the telephone, line;
C. Cost of calibration;
D. Cost of parts, materials and supplies, required for repairs, calibrations and
upgrading of the facilities"
E. Labor cost pilus, 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 Customer ownership of any property easements, metering and sampling
facilities and rights-of-way conveyed to Fort Worth pursuant to the terms of this, Section 5.
6. Ight�f-wqy
Customer shall grant, without charge to Fort Worth, such easements, and rights-of-way
along, public highways or other property owned by Customer, as requested by Fort Worth,
in, order to construct or maintain mains or facilities within the Customer Service Area to
provide wastewater collection to Customer and to other areas. Upon notice from
Customer and at Fort Worth expense, Fort Worth will move such wastewater mains or
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facilities located in such street right-of-way, or other property owned by Customer when
reasonably necessary, to the performance of essential duties by Customer. Fort Worth
shal�l grant, without charge to Customer, such, easements and rights-of-way along with
public highways or other property owned by Fort Worth, as requested by Customer, in
order to, construct and maintain wastewater mains or facilities within Fort Worth to provide
wastewater collection to Customer. Upon notice from Fort Worth and at Customer's
expense, Customer will move such wastewater mains or facilities when located in such
street rights-of-way or other property owned by Fort Worth when reasonably necessary to
the performance of essential governmental duties by Fort Worth. All work done by or on
behalf of Fort Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar nature performed within Fort
Worth, but neither party hereto will be required to restore the other's property to a
condition exceeding its original condition, unless otherwise mutually agreed in writing.
Fort Worth and Customer agree to coordinate the location of the mains and/or facilities in,
the other's easemients and, rights-of-way in order to prevent further conflicts insofar as
reasoinabily practicable.
7. Meterm g and Sampling"
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7.1 All flow discharged into the Fort Worth System by Customer shall be metered,
unless specifi cally ag,reed to by both parties in writing. Should both, parties, agree in
writing that metering is not possib,le, 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, an approved type, of metering station cann�ot
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accurately measure the sewage generated within the Customer Service Area, will be
made on a per-connection basis. In such case,, the volume of sewage for billing purposes
will be determined by adding the product derived from multiplying the number of domestic
,accounts within the Customer Service 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 the Customer Service Area and such charges will be, added, to any other charges, if
any', based on metered' connections. For all such non-m+ tered areas, Customer will be
responsible for providing data each month on the number of domestic accounts and the
metered water volume of all non-domiestic accounts. Customer will provide this data to
Fort Worth no later than the 5th of each calendar month.
7'.3 Customer shall have access to the metering and: sampling facilities at all reasonable
times; provided, however,, that any reading, calibration or adjustment to such metering
equiip,mient shall be done by employees or agents, of Fort Worth,, or other mutually
approved third party calibration agent, in the presence of representatives of Customer
and Fort Worth, if so requested by Customer. Notification of any proposed tests shall be
provided to the Customer at least seventy-two (72) hours prior to such tests, being
conducted.
7.4 All readings of meters will be maintained by Fort Worth in a manner consistent with
Fort Worth's practices. Customer 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.
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7 Fort Worth shall calibrate and routinely service the meters. no less than once during
each six (6) month period. Copies of the results of such calibration and all related
information shall be provided to Customer. Fort Worth shall notify the Customer at least
seventy-two (72) hours in advance of the date and time for any calibration and Customer
may observe, if so desired.,
7.6 Upon any calibration I if it is determined that the accuracy envel'ope of such meter is
found to be lower than ninety-five percent (95%) or higher than one hundred five percent
(105%) 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 bme, 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.
7.71f any meter used to determine volliume,from Customer is out of service or out of repair
so that the amount of wastewater metered cannot be ascertained or computed from the
reading thereof,, the wastewater delivered through the period such meter is out of service
or out of repair shall be estimated and agreed upon, by the, parties hereto upon the basis
of the best data available. The basis for estimating, such flow includes, but is not limited
to, extrapolation of past patterns of flow for said metering station under similar conditions.,
In the event that the parties hereto cannot agree on the extrapolated estimate of
wastewater volume delivered, agreement on the flow volume will be determined by third
party arbitration.
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7.8 Every three (3): moaths, Fort Worth shall determine the quality of the wastewater at
the metering, and sampling, facilities or other agreed upon samplin points, for the
purposes of billing for,the strength of the wastewater.
7.9 Fart '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.
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 period's. Fort Worth will provide Customer with a minimum of seven
(7') day advance notification of intent to sampile, or such notification as is sufficient to,
allow Customer to, arrange the services of a, qualified laboratory., If, at the request of
Customer or at the request of the Director,, more extensive monitoring is desired, such
addlitional monitoring shall be paid for by the party, making the request, and shall be done
i,n compliance with Section 7. If Customer requests such additional monitoring, Fort
Worth shall invoice Customer and payment shall be made, within ten (10) days after
receipt of invoice.
7.10 The notification required in this section shall include the planned dates, times, and
liocatilon(s) of sampling. Fort Worth shall analyze the samples collected in accordance
with, standard methods. Customer may be present during the initial setup of sampling
equipment and at the time of pickup for each twenty-four (24) hour composite sample.
Fort Worth agrees, if requested, to split said wastewater samples with Customer.
7.111 If 'in the opinion of the Director, compliance moniftoring is required, the Director may
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order that additional monitoring be performed with or without prior notice to Customer.
Said compliance monitoring is to be in addition to the sampling set forth in Section 7.8.
All information obtained as a result of such compliance monitoring shall be provided to
the Customer upon request. Fort Worth will provide notice of such compliance monitoring
to, Customer within a reasonable time thereafter.
7'.12 If Customer disputes Fort, Worth results of analyses and the parties hereto cannot
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settle such dispute, such dispute will be determined by third party arbitration.
7.113 Costs incurred by Fort, Worth under this section will be considered to: be a system
cost.
8. Rates, and Char ge,si
8.1 Wholesale wastewater rates will be based upon cost-+ -service rate studies
performed by independent utility rate consultants as described herein. The Director shall
select the independent utility rate consultant 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 requ!irements 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
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relasonabile return on allocated capital, facilities. To determine the allocation anu
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
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It
monitoring. Capital-related costs will cons,ist 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 va,lue�s, useful lives, and annual rates of depreciation, shall be developed from
such studies. The rate base shall consist ofill allocated capital facilities,, net of
depreciation and appropriate contributions, and shall include construction work in
progressy a reasonable allowance for working capital, and a reasonable inventory of
materials and supplies necessary for the efficient operation of the Fort Worth System. On
a periodic basis as determined by the Director, a cash "lead-lag" study shall be conducted
to determine the appropriate level of working capital at the same time as the above
depreciation rate study is done. Records of the original, cost and the accumulated
depreciation of all capital facilities shall be maintained' in the Fort Worth, Fixed Asset
Tracking System. These records shall be available for inspection at the Fort Worth Water
Department during reasonable, business hours upon request by Customer.
8,.3 Fort Worth shall be, allowed an adequate opportunity to earn a reasonable rate, of
return. The return shall be sufficient, to, assure confidence 'in, the, finandial soundness of
the uti,lity, 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 %).
81.4 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
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wastewater service and allowing for known and measurable adjustments. Such
adjustments should allow for year-erred trending and the spreading of non-recurring,
expenses over an appropriate benefit period�. On a three (3) year cycle, a coo let
detailed rate study will be performed with the ,same methodology used in the previous rate
study by an it utility rate consultant. Thereafter, changes in the methodology
mll be allowed If recommended by, a majority of the Wastewater System Ad!visory
Committeey such majority defined by any combination of wholesale 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 slinice the last audited statement,.
8.5 The initial rates for this contract shall, be those adopted by the Fort Worth City Council
In September 2013, effective October 11 20113, and are as follows*
Volume Charge $ 1.1267' per 1000 all' s
BOD Strength Charges $0.3581 per pound of BOD
'TSS Strength Charges $0.,2001 per pound of TSS
Monthly Billing Charges $75.00
8.6 Bills for wastewater treatment and disposal service shall be rendered to Customers
monthly by Fort Worth. All such bills shall be due and payable by Customer not more
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than thirty (30) days from the billing date. The bills will show current charges, as well as
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past-due charges, if any. Current charges shall be the amount due for wastewater
collection,,, treatment and disposal service provided since the prior billi,ng 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 Customer disputes a hill and is unable, to resolve the difference informally,
Customer shall notify the Director in writing. I!f' the Director and Customer are unable to,
rels,oilve the disputed bill, agreement on the bill will be determined by third party arbitration.
Dispute of a bill is not grounds, for nor-p In the event a payment is not paid as
specified 'in this agreement', a, finance charge of ten, percent (1,0,%) per annurn will, be
calculated from the date which the payment was required to be made. Inthe event.. the,
bill established by arbitration is less than the disputed bill, then the amount found to be
incorrect will be credited to the Customer's, account together with an interest charge of ten
percent (10%) per annum calculated from the date payment of the disputed bill was
received.
8.8 The pairtl'es, hereto agree that services obtained pursuant to this contract are essential
and necessary to the operation of Customer's waterworks and wastewater facilities and,
that all payments made by Customer, hereunder shall constitute reasonable and
necessary operating expenses of Customer's waterworks and wastewater systems
pursuant to, the provisions of any and all rules and regulations of Customer authorizing,
the issuance of any revenue bond issues of Customer which, are payable from its
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waterworks, and wastewater systems.
8.9 Customer agrees, throughout the term of this agreement, to, fix and collect such rates
and charges for wastewater service to be suppllied 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 rules, regulations 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 obiligatioins.
8.1110 Customer specifically agrees to adopt and maintaiin in, effect for the life of this
contract an ordinance providing for a user charge system in full accord with relevant EPA
regulati�onis.
9. Industrial Connection and Monitoring,,
9.1 Customer agrees that R gill not permit any significant industrial user within the
Customer Service Area to connect directly or 'Indirectly either to its system, or to the Fort
Worth, System without at least thirty (30) days,' prior written notifi cation to the Director of
such intent to connect. Customer shall provide the Director with, such information
pertaining to Volume and composition of flow as may be requested by the Director.
9.2 Customer agrees to conduct any and all monitoring, sampling and inspection of
Customer System and industrial users as necessary to insure that industrial waste
introduced into the Customer System meets the quality standards set out in Section 10.2
hereof. Upon requiest to Customer, a, representative of Fort Worth will be Permitted to
observe Customer's collection of samples from, 'Industrial users,, and Customer agrees to
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furnish Fort Worth separate duplicate samples for independent testing, and, upon
request, to provide the Director sample analysis results and pretreatment records.
9.3 Customer agrees that Fort Worth shall have the right to sample wastewater at all
points of entry and such other locations as may be mutually agreed to in writing by both
parties for the purpose of' determining the volume and qual'li,ty of wastewater entering the
Fort Worth, System. Customer agrees to disconnect from its system any industrial, user
found to be in, violation of allowable discharges or, who refuses access to fts facilities for
the purpose of sampling wastewater being discharged into the Customer System;
provided, however, that said disconnected industrial user shall be aff orded the same
rights, privileges of appeal and deficiency cure periods as are industrial users operating
within Fort Worth's jurisdiction.
9.4 Following, notice, tothe Customer by Fort Worth,, Customer grants to Fort Worth the
right, to enter Customer's jurisdiction if Fort Worth determines that questionable
discharges or prohibited Adis choar ges are entering the Fort Worth, System emanating from,
the Customer System. Customer agrees to assist Fort Worth in locating and eliminating
such prohibited discharges.
10. Wastewater QualLty_
10.1 Customer agrees that on or before thirty (30) days from date of execution of this
contract it shall enact and use to be enforced an ordinance enabling Customer to
enforce within its jurisdiction regulations, governing industrial waste that are at least as
stringent as the provisions of the Fort Worth City Code and, any necessary and
reas,onabile amendments thereto, and state and applicable federal regulations relating to,
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1) discharged su stances; 2) prohibited discharges; 3) pretreatment requirements; 4)
industrial discharge permitting, system, and 5) industrial self-monitoring reports. Customer
agrees to, adopt rules and regulations that will allow, it to enforce the provisions of the Fort
Worth City Code, or any future ordinances amending the Fort Worth City Code relating to
industrial discharges, prohibited or controilled wastes or pretreatment requirements and
such amendments and future ordinances shaill become incorporated into this contract, by
reference; provided, however, Fort Worth shall provide Customer with a copy of such
proposed ordinances or amendments at least sixty (60) days prior to the presentation of
such, ordinances or amendments to the Fort Worth City Council dun*n,g which time
Customer shall have an opportunity to review same. Customer shall adopt any rules and
regulations necessary to enforce such proposed ordinances or amendments no later than
the effect e date of'the Fort Worth ordinance or amendment.
10.2 Customer agrees that the quality of the wastewater discharged into the Customer
System shall be equal to or better than the quality standards established by Fort Worth
City Code, as, amended, Chapter 12.5, Article 6, Industdal Wastewater".
10.3, Customer shall, require all significant industrial users within its Customer Service
Area that ultimately diiischarge into the Fort Worth System to apply for and obtain a permit
-from Customer allowing such discharge. Such permit shall require industrial users to
abate prohibited substances from their discharge, as a condition to discharging
wastewater into, the, Customer System. The permit application shall contain, as a
0
minimum, the following,.-
11. Name and address of discharger,
21
2. Agent for discharger;
I Type ofindustry;
4. Products produced or services rendered; and
5. Chemica,ls being stored and/or used.
Customer shall provide Fort Worth a copy of such application and permit, if issued, within
fourteen (14) days after issuance.
11. 'Resale of Wholesale Wastewater,Services
11.1 Customer may provide wastewater services to wholesale customers upon the
recommend a,tion, of the Wastewater System Advisory Committee with prior written notice
to and consent from the Director, said consent not to be unreasonably withheld.
Customer shall provide the Director a copy of the proposed contract with its wholesale
customer as part of Customer's written notice to the Director.
11.2 If Customer provides wastewater services to wholesale customers, Customer shall
require its wholesale customers to comply with Sections 9, 10 and 28 of this contract and
to enact and enforce any and all necessary ordinances. The to of the wholesale
contract shall not extend beyond the term of this contract.
12. Infiltration and, Inflow-
Customer agrees that it has an obligation to prevent Infiltration and inflow Into its System
and then into the Fort Worth System. Customer further agrees -that all sewer connections
within its Customer Services Area that ultimately enter into the Fort Worth System will be
constructed in accordance with applicable specifications and standards at least equal to
those of'the Fort, Worth Water Department. Further, Customer covenants, and agrees to
22
maintain strict supervision and maintenance of its System to prevent connections through
which surface drainage can enter ultimately into the Fort Worth System. Customer shall,
not make, nor shall it permit to be made, any connection which will contribute storm water
ruln-off from rainwater spouts, rainwater areas, streets, gutter drain or other source into its
sanitary sewer system.
13. Sludgy Disposal
Customer recognizes the importance of utilizing sludge in a timely and proper manner.
Customer will cooperate with Fort Worth in any environmental'ly sound sludge Utilization
program meeting federal and state standards within the area served by Customer.
14. Wa,stehaulers
Customer agrees to adopt the North Central, Texas Council of Government's model
ordinance, or one similar to it, regulating liquid wastehaulers, within Customer's service
area. At a minimum, such ordinance shall require liquid wastehaulers to be permitted and
provide for a, manifest system. Further, said ordinance shall prohibit the introduction, of
liquid waste Into the Customer System, directly or indirectly.
15. Assistance
1:5.1 In the event Customer requests assistance with Its System, Fort Worth may, at Its
option, assist Custolmer. Customer agrees to pay Fort Worth its actual costs incurred,
including, but not limited to labor and material' expended. Nothin,ig herein, shall be
construed, to require Fort Worth to assist Customer. Such costs will be invoiced to
Customer and payment made within ten (10)days, after receipt of'invoice.
23
15.2 In the event Fort Worth requests assistance with its System, Customer may, at its
option, assist Fort Worth'. Fort Worth agrees to pay Customer its actual costs incurred,
including, but not limited to, labor and material expended. Nothing, herein shall be
construed to require Customer to, assist Fort Worth. Such costs will be invoiced to Fort
Worth and payment made within ten '10 days after receipt of invoice.
1,6. 'Payment and Finance Char
The parties hereto: agree that the failuire 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, the other party shall provide quarterly the following data:
A. Actual' number ofcustorner accounts discharging directly or indirectly into the
Fort Worth System and/or Customer System within its service area
B. Classification of domestic and non domestic accounts, within its Customer
Service Area by number and percentage of accounts discharging directly or indirectly into
the Fort Worth System and/or Customer System within its service area.
C. Additional data which may assist Fort Worth in developing methodology for
cost of service studies, planning studies for analyzing federal grants, and system access
fees- provided,i however,, that neither party shall request data that will require either pa.
rty
to, incur ncur unreasonable expenses in providing such data.
24
21. Waiver, Remedy Severabilily
21.'1 No waiver by either party hereto of any term or condition f'this agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequ�ent waiver
f'the same to or condlition.
21.2 In addition to any other remedy as may be provided by law, this agreement shall be
specifi cally 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 pr o° ision contained herein; further, this agreement shall
then continue as if such invalid term or provision had not been contained herein.
22. OwneEshi and Liabilltv
22.,11 No provision of this agreement shall he construed to create any type of joint or equity
ownership of any property, any partnership or Joint venture, nor shall same create any
other rights or liabilities and Customer payments (whether past, present, or future)will not
be construed as granting Customer partial ownership of, pre-paid capacity in, or eq�uity in
-the Fort Worth System.
22.2 Liability for damages arising out of the trans portati n, delivery, reception, treatment,
and/or disposal of all wastewater discharged into the Fort Worth System shall remain in
the Customer', together with title thereto, until such wastewater passes through the point
of connection to the Fort Worth System, at which time liability for such damage shall pass
to Fort Worth, save and except that title to any prohibited discharge and any liability
26
therefore 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, deman�ds, causes of action, damages,
losses, costs, fines, and expenses, including reasonable aftoirney's feels, 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 aftdbutable to a specific customer or Fort Worth, such liability becomes a
Fort Worth expense.
22,.3, Contracts made and entered into by either Customer or Fort Worth for the
construction, reconstruction or repair of any delivery facility shall include the requirements
that the independent contractor(s) must provide adequate insurance protecting both the
Customer and Fort Worth as insureds. Such contract must also provide that the
independent contractor(s) covenant to indemnify, hold harmless and defend both, the
Customer and Fort Worth against any and all suits or claims for damages of any nature
arising out of the performance of such contract.
23. Compliance,with Permit Conditions
Customer acknowledges that Fort Worth is the holder olf'discharge permits, issued by the
United States and the State of Texas. Customer agrees, that it, will com ly with all permit
conditions 'in any way relating to the collection system and the discharge into the,
No
collection, system. Customer agrees, that in the event a fine is assessed against Fort
'Worth for any,violation of any permit condition, and the violation is attributable to any act
27
of omission or commission by Customer, to indemnify Fort Worth and pay to Fort Worth
the amount of such, fine. If such fine is not attributable to a specific customer, such fine
becomes a Fort Worth expense.
24. Life of Contract.
This contract shall expire on May 8, 2017., Thereafter, the parties may negotiate the
terms and conditions under which Fort Worth may continue to provide wastewater
treatment services.
25. Force Majeure
25.1 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 uncontroll,able force beyond the control of
the parties, including but not limited to, the failure of facilities, flood, earthquake, tornado,
storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute
and action or non-action, by a failure to obtain, the necessary authorizations, and approvals
from any governmental agency or authority or the electorate, labor or material shortage,
sabotage, or restraint by a court order or public authority, which by the exercise of due
diligence and foresight such party could not have reasonably been expected to avoid and
which by exercise of due diligence it shall be unable to overcome. Either party rendered
u, bile to, fulfill any olbligatioln by reason of an uncontrollable force shall exercise due
diligence to remove such inability with all reasonable dispatch.
25.2 In the event the proper operation of the Fort Worth System, as a result of the above,
requires Fort Worth, to temporarily *Interrupt all oir part of the services to Customer, no,
28
cla�ims for damage shall be made by Customer against Fort Worth and Customer hereby
release Fort Worth from any 11ability therefore. Fort Worth will exercise its best efforts to
insure that such interruptions Willi not adverseliy affect the health and welfare of
Customers residents.
26. Termination
26.1 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 use for termination of this agreement by Fort
Worth in the manner set forth in this paragraph. Fort Worth shall deliver to, Customer
ninety (90) days pd or 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 deem ption of the breach. If within said ninety (90) days Customer shall, fail or
refuse to cure such default to the satisfaction of Fort Worth,, than and in such event Fort
Worth shall have the right With six months advance written additional notice to Customer
and without any liability whatsoever on the part of Fort Worth to declare this agreement
terminated. In the event of termination of' this agreement, all rights,, powers, and
privileges of Customer hereunder shall cease and terminate and Customer shall cease
and terminate and Customer shall make no claim of any kind whatsoever against Fort
girth, its agents or representatives, by reason of such termination or any act incident
W
thereto, provided Fort Worth acted reasonably and such termination was nO,L f
29
uln!reasonable, arbitrary and capricious., Fort Worth shall advise Customer in writing
immediately upon acceptance of the cure of any default. The followings breach, default or
failure to perform a duty or obligation shall be considered to, be a material breach:
al. Failure to adopt and enforce any rule or regulation that Customer is
required to be adopted and enforced herein;
b. Failure to: make any payment of any bill, charge or fee as provided for in this
agreements,
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 ofsampling
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;
g. Failure to disconnect ind�uistrial users of Customer pursuant to Section 9.3;
h. Failure to maintain the qual'i'ty of discharge as required in Sections 10.2 and
10.3-s
is Failure of Customer to comply with Section 11.2 hiereof- and
j. Failure of Customer to comply with Section 23 hereof.
26.2 In the event of any other nonmaterial breach, default or failure to per-form duties
under this agreement, Fort Worth shall deliver to Customer sixty (60) days advance
written notice of such default. If Customer fails to cure such breach, default or failure,
then Fort Worth shall give Customer written notice of such failure to cure and may
30
surcharge Customer Five Thousand Dollars ($5,,000) per month until such time as
Customer cures such noinmateria,l default,
26.3 Any failure by Fort Worth to so terminate this agreement or the acceptance by Fort
Worth of any benefits under this agreernent, for any period of time after such material
breach,, default or failure by Customer shall not be determined to be a waiver by Fort
Worth of any rights to terminate this, agreement for any subsequent material breach,,
default or failure.,
26A Any failure by Customer to so, terminate 'this agreement or the acceptance by
Customer of any benefits under this agreement for any period of time after such breach,
default or failure by Fort Worth shall not be determined to be a waiver by Customer of any
rights to terminate this agreement for any subsequent material breach, default or failure.
27. Regional Wastewater Authofty-
In the event, Fort Worth is designated as a regional wastewater authority or agency by a
duly authorized regulatory body, or if' Fort Worth should elect to contract with or assign
this contract to a regional wastewater authority to provide all or part of the services,
covered by this agreement, the parties hereto agree that any such regional wastewater
authority may, by way of ass,ig�nm�ent of this agreement,1 assume the same obligations and
receive the same benefits, as Fort Worth., Customer hereby grants to Fort Worth the
specific right to assign this agreement subject to the provisions of this section.
28. Wholesale Svstern Access Fees
28.1 Customer agrees: to pay to Fort Worth a Wholesale System Access Fee on a
I
quarterly basis for each new or enlarged connection for wastewater service made within
31
Customer Service Area served by the General Benefit capital facilities of the Fort Worth
System. The first payment hereunder shall be due and payable one hundred twenty
(1 0) days,following the execution of this contract. The Wholesale System Access Fee to
Customer for each such connection shall be based upon the size of water meter and shall
be equal to the Whollesale System Access Fee collected for the same size water meter
made within the jurisdiction of Fort Worth. The call�culation of said Wholesale System
Access Fee shall be consistent with all appli'cabile state and federal regulations, including
Chapter 3195, Texas Local Government Code, or any amendment or successor statute,
thereto,i and shall include only those costs associated with General Benefit capital
expansions and capital improvernents necessary to provide service to new development.
Nothing within this contract sha�ll be deemed to pre,ven�t either Fort Worth or Customer
from charging their own retail customers impact fees in excess of the Wholesale System
Access Fee charge provided for herein.
28.,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 im�prolvements or facility expansions as permitted by Chapter 39151, Texas, Local
Government Code, or any amendment thereto, or by any successor statute thereto,
hereinafter referred to as "Chapter 3195", and will not be used for operation and
maintenance explenses,. Once expended, such funds, and all interest earned thereon will
be considered a contributioln"for rate; setting purposes, only.,
28-31 Customer shall provide to Fort Worth such information that relates to, the making of
new and/or enlarged connections within the Customer Service Area,, as mlay be requested
32
by the Director, including but not limited' to building permits, with each quarterly payment
required in this section.
28.4 Neither Fort Worth nor Customer shall waive any impact fee due from a retail
customer for a new or enlarged connection to its respective system within its jurisdiction.
28.5 The Wastewater System Advisory Committee created pursuant to Section 29, hereof
shall select five (5) of its members to a subcommlitteel to be known as the Customer
Impact Fee Committee (CIFC). In accordance with the requirements of Chapter 395.
Fort Worth will update the land use assumptions and capital improvements plan upon
which the Wholesale: System Access Fees are based. 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 CIFC. The cost of the consultant shall be deemed
a System Cost. In the event the CI falls to subirnlit a list of five consultants to, Fort
Worth, Fort Worth shall select a consultant to perform the required studies.
28.6 Fort Worth agrees that only those capital improvements as defined in section 1.29
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 deltermin�ing impact fees to its own retail customers.
Fort Worth shall not be requuired: to include all capital improvements, in any capital
a
improvements plan. The C1FC shall be responsible for working with Fort Worth and its
3 1 !
3'
consultant to determine the capital improvements to be included in the calculation of any
Whole Baal'e System Access, Fees. The Cl C shall recommend to the Wastewater System
Advisory Committee which capital improvements, should be included in the calculation of
any Wholesale System Access Fees. The ClFC shall also meet with Fort Worth's cftlizen
advisory committee as such citizen's advisory committee reviews and considers land use
assumptions, the capital improvements plan and impact fees.
28.7 Prior to the adoption of any land use assumptions, capital im,provements, or access
fees, the CIFC shall be furnished a copy of the proposed land use assumptions, caplita I i
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,.
28.8 Each year Fort Worth shall provide to the Wholesale Wastewater, Advisory
Committee an audited financial statement of the Fort Worth, Water Department's records
related to the collection of Wholesale System Access, Fees.
28.9 Fort Worth and Customer agree that the methodology for the calcullatilon of
Wholesale, System Access Fees required herein is consistent with the methodology'
prescribed by Chapter 3951. In the event that such statutory methodology is amended or
replaced by a new statute, the Wholesale Wastewater Advisory Committee may engage,
legal counsel to work with Fort Worth to propose amendments to this contract to conform
i , cousel shl be
it to such a,m�endiment or new statute. The re asonable c ost of such legal al
a system cost.
29 Wastewater System Ad o[y Committee
34
AOI%I
uustomer all 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, c,onsull't with and advise Fort Worth, through the Director, on
matters pertaining to planning, Improvements, grants, rate studies, budgets,
administration, and additional wholesale customers, whether same be wholesale
customers of Customer or Fort Worth. Said Committee, at its first meeting, shall elect a
Chairman, Vice-Chairman and Secretary. The Committee may establish by-laws
:t
governing the election of officers, suing dates and other matters pertinent to its
ts
functioning.
3 . Effective Date
This contract
together with all terms, and conditions and covenants, shall be effective, on
the date the contract Is fully executed by both parties.
31. Miscellaneous
31.1 Thi's 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
�s i I i i jo�n
regulation of any state or federal governmental authority having or asserting jur*sd*ct" ,
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�.2 Customer agrees to abide by any changes in this, contract made necessary by any
amendment,or revision to state or federal regulations.
31�.3 Uponi prior notice by Fort Worthf any duly a,uthlorized employee of Fort Worth
i
bearing proper credentials and identification shall notify Customer of need for access to
35
any premises located within Customer Service Area as may be necessary for the purpose
of inspections and observation, measurement, sampiling, and testing and/or auditing, in
accordance with the provisions, of this contract. Customer may elect to accompany the
Fort Worth representative.
31.4 In each instance, herein where reference is made to a federal or state regulation,1 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 w ilch are in
compliance with state and federal laws, and any valid rules and regulations pursuant
thereto.,
31.5 Fort Worth must comply with all federal, state and local government requirements to
obtain grants and assistance for system design, system construction and, studies.
Customer agrees to assist Fort Worth in compliance by setting adequate rates,
establishing proper user charges and complying with governmental requirements.
31.6 Section headings, in this agreement are for convenience only and do not purport to
accurately or completely describe the contents of any section. Such headings are not to
be construed as a part of this agreement or any way defining, limiting or amplifying the
provisions hereof.
3,1.7 Whenever any disputed matter herein is to be, specifically determined by the use of
an arbitrator, the following procedure is to be followed. The party! requesting that the
dispute be settled by arbitration shall serve on the other party a request in 'writing that
36
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 (1 0) days from the date that the request for arbitration is received. If an agreement is
not reached on the sellection of the, implartial arbitrator on or before the tenth (loth) day
after the date that notice is received! the Director shall immediately request a list of seven
qualified neutral arbitrators, from the American Arbitration Association of the Federal
Mediation and Conciliation Service, or their successor in function., The Customer and'
Director may mutually agree on one of the seven arbitrators on the list. If they do not
agree within five (5) working days after the receipt of the list, Customer and Director shall
alternate striking a name from the list and the name remaining shall be the impartial
arbitrator. Customer and Director shall mutually agree on a date for the arbitration
headng. The decision of the arbitrator shall be, final,, ands judgment, may be entered upon
it in accordance with applicable law in any court having Jurisdiction thereof.
311-8 If crustomer applies for a wastewater certificate; of convenience and necessity
("CCN") for the Customer Service Area, Customer shall advise Fort Worth in writing prior
to filing its application for a C,N., Fort Worth desires to apply for a dual certification of the
Customer Service Area, Customer agrees not to oppose such application for dual
certification.
31.9 Customer agrees not to increase its Customer Service Area without the prior written
consent of' Fort Worth; provided, however, if the area to, be added to the Customer
Service; Area will not be discharged into the Fort Worth System, then Fort Worth 31 s: prior
written approval shall not,be required.
37
i
31,.10 If Fort Worth annexes any area within the Customer Service Area as It exists upon
the execution of this contract or may be expanded in the future, Customer agrees, to
amend its wastewater CCN if a wastewater,CC N was issued, to delete the areas annexed
by Fort Worth. If no wastewater CCN has been issued, the Customer agrees that Fort
Worth shall become the sole retail provider of wastewater service tothe areas annexed.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
on this day, e bwt) VLi, —1 2�0114t by their respective officers thereunto duly
authorized. Of
lop
ATTEST: O,RT'W'ORTH
X
WN
Fernand Costa
Mary J. Kay ser n�
City,Secretary Assistant City Manager
Approval Recommended.- Approved as to or and Legality:
S. Frank Crumb, P. E., Director AssisiAnt City Attor y
Water Department
Contract Authorization
Date:
OFFICIAL RECORD
CR ETARY
38 FTs WORTHI,TX
ATTEST: CITY OF WATAUGA
,City ecretary Its:
PPROVED AS TO FORM AND LEGALITY:
ac(�
By: N � d- 494-� l
39 OFFICIAL RECORD
CITY SECRETARY
F7'. WORTH,TX
M Review Page I of I
Official sito,of the City of Fort Worth,Texas
FoR,T, WORTH
CITY NI I L AGENDA
COUNCIL ACTION: Approved on 10/29�/2013
u.
DATE: 10!/2 9/2,0 13 REFERENCE **C-26,543 LOG NAME: 6,OWHOLESALE WASTEWATER
i
N 0 AGREEMENTWATAUGA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Uniform, Wholesale Wastewater Agreement with the city of
Watauga (Adjacent to COUNCIL DISTRICT 4),
RECOMMENDATION.-
It is recommended that the City Council authorize execution of a Uniform Wholesale Wastewater
A„ reem�ent with the City of Watauga.
DISCUSSION:
In 1987, the City entered into new Uniform Wholesale Agreements with 119 municipalities or other
governmental entities for treated wastewater service as authorized by Mayor and Council
Colmm u�nication (M&C, c-10266). Those Agreements will expire in 2017. In 19916,, the City entered
into City Secretary Contract No. 22281 with the City of Watauga for the provision of wastewater
service. However, that contract expires within 17 years from the date of execution, on or about
October 2,8, 2013. Both the City of Fort Worth and the City of Watauga wish to, continue the service
for wastewater under the terms of the 198,7 Uniform Wholesale Wastewater Agreement. This
Agreement will also expire in 2017 to colincide with the expiration date of the Uniform Wholesale
Agreements in place with the City's other wholleisal�le culstomers.
This project is located adjacent to COUNCIL DISTRICT'4.,
i
FISCAL INFO RIVIATION/CERTIFICATION:
The Financial Management Slervi�ces Director certifies that the Water Department is resp�ons,ilbil�le for
the collection and deposit of funds to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 493052 0701000 $0.00
............ ...... . ....... ..........
Submifted for,Ci!y Mana S Office by: Fernando Costa (6122)
Oric ment Head- S. Frank Crumb (8207)
iiinating Depart
1
Additional, lnfori maltlon Contact. J. Hale
........................ ....... ...................'..........................,"",......_'__'.''......................... ......
ATTACHMENTS
http-.//apps.,cfwii,et.org,/council,_packet/mc—re view.asp'.?11)--I 9.117&councildate=101/29/2013: 2/17/2014