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HomeMy WebLinkAboutContract 4936 CONTRACT FOA SANITARY SEWER SERVICE CITY SECRETARY BETWEEN THE CONTRACT No._ CITY OF FORT WORTH, TEXAS AND THE CITY OF FOREST HILL, TEXAS OFFICIAL RECORD THE STATE OF TEXAS CITY SECRETARY COUNTY OF TARRANT FT. WORTH, TEX. t /T IS CONTRACT AND AGREEMENT made and entered into this 2 day of / 194 by and between the City of Fort Worth, a unicipal corporation located in Tarrant County, Texas, acting by and through its duly authorized mayor, Bayard H. Friedman, and the City of Forest Hill , a municipal corporation located in Tarrant County, Texas , acting by and through its duly authorized mayor, C. R. Bowden. W I T N E S S E T H WHEREAS, the City of Fort Worth at great expense has built or caused to be built a sanitary sewerage system, including interceptor or collector lines , mains , sub-mains , laterals , sewage treatment facilities and other appurtenances for the purpose of collecting sewage and other acceptable wastes and transporting same away from the premises to places of treatment and disposal ; and, WHEREAS, said City maintains said lines , plants and facilities as a sanitary sewerage system and component part of the Fort Worth Water Department; and, WHEREAS, the City of Forest Hill has similarly constructed at its own expense a sanitary sewage collection and disposal system within the limits of its own municipality; and, WHEREAS, the City of Fort Worth desires the right to connect its sewers to those of the City of Forest Hill at a point or points near the corporate limits of said City of Forest Hill ; and, WHEREAS, the City of Forest Hill , for and in consideration of the covenants and agreements hereinafter contained, is willing to accept the sewage from the lines of the City of Fort Worth into its own lines at or near the Forest Hill city limits and to transport and treat said sewage in the same manner as sewage from within the limits of the City of Forest Hill is transported and treated; and, WHEREAS, the City of Forest Hill desires the right to connect its sewers to those of the City of Fort Worth at a point or points near the corporate limits of said City of Forest Hill ; and, WHEREAS, the City of Fort Worth, for and in consideration of the cove- nants and agreements hereinafter contained, is willing to accept the sewage from the lines of the City of Forest Hill into its own sewer lines at or near the Forest Hill city limits and to transport and treat said sewage in the same manner as sewage from within the limits of the City of Fort Worth is transported and treated, NOW THEREFORE., KNOW ALL MEN BY THESE PRESENTS : That for and in consideration of the execution and performance of the mutual covenants herein set forth, the City of Fort Worth and the City of Forest Hill do hereby covenant and agree as follows : 1 . GENERAL TERMS AND CONDITIONS A. Connection to Forest Hill Sanitary Sewerage System The City of Forest Hill hereby grants to the City of Fort Worth the right to make residential and commercial connections , directly or indirectly, to the sanitary sewers of the City of Forest Hill , provided the plumbing facilities of each such establishment so connected, either directlyr-or indirectly, shall comply with or exceed requirements of the applicable ordinances governing such connections within the cdrporate limits of the City of Fort Worth. Prior to construction of any lateral sewer, main or sub-main by the City of Fort Worth which is to be connected directly or indirectly to the Forest Hill sanitary sewerage system, two (2) complete sets of the construction plans and -2- specifications shall be submitted to the City of Forest Hill for review. The plans so submitted shall include plan and profile drawings , locations , grades , pipe sizes , details , etc. , for each of the proposed facilities . The City of Forest Hill shall cause such plans and specifications to be reviewed by a licensed professional engineer to determine that the standards of construction are not less than the standards for similar construction of sanitary sewerage facilities in the City of Forest Hill and that there is available in the City of Forest Hill sanitary sewerage system sufficient unused capacity to accept the sewage load to be injected into its sanitary sewerage system by the proposed City of Fort Worth connection or connections . Upon receipt of the engineer's certification that both of the above requirements are met by the proposed connection, the City of Forest Hill shall approve the proposed City of Fort Worth connection or connections for installation and shall return one (1) approved set of plans and specifications to the City of Fort Worth. The City of Forest Hill - shall have the right to make periodic inspections while such construction is in progress and to require com- pliance with the approved plans and specifications . B. Connection to the Fort Worth Sanitary Sewerage System The City of Fort Worth hereby grants to the City of Forest Hill the right to connect any residential or approved commercial connection, directly or indirectly, to the sanitary sewers of the City of Fort Worth, provided the plumbing facilities of each such connection shall comply with the applicable ordinances governing a similar connection within the corporate limits of the City of Fort Worth. Any lateral sewer, main or sub-main serving two or more units of any classi- fication and which is connected directly or ultimately with the sanitary sewers of the City of Fort Worth shall be designed by, and the construction supervised by, licensed professional engineers . Prior to the construction of any lateral sewer, main or sub-main by the City of Forest Hill , which is to be connected directly or indirectly to the Fort Worth sanitary sewerage system, two (2) complete sets -3- of the construction plans and specifications shall be submitted to the Director of the Water Department of the City of Fort Worth for approval , said plans to include plan and profile drawings , locations , grades , pipe sizes , details , etc. , for each of the proposed facilities . The Director of the Water Department shall review, or cause to be reviewed, the plans and specifications submitted and shall approve same by affixing h4ls signature to the plans , provided the standards of construction are not less than the standards for similar construction of sewerage facilities of the City of Fort Worth and provided further that, in the opinion of the Director of the Water Department, there is available in the City of Fort Worth's sanitary sewerage system sufficient unused capacity to accept the sewage load to be injected into the City of Fort Worth's sanitary sewerage system by the proposed City of Forest Hill connection or connections . Upon approval , the Director of the Water Department will return one (1) approved set of plans and specifications to the City of Forest Hill, . The City of Fort Worth shall have the right tomake periodic inspections while such construction is in progress , and to require com- pliance with the approved plans and specifications . C. Each City to Maintain Sewers It is further agreed that all sanitary sewers , laterals , sub-mains , mains , and appurtenances owned by, or to be constructed or acquired in the future by, the City of Fort Worth are and will become the sole responsibility of, and will be main- tained by, the City of Fort Worth, and that the City of Forest Hill-. shall not, now or ever, have any responsibility or liability for the operation or maintenance of same. Likewise, it is agreed that the sanitary sewers , laterals , mains , sub-mains and appurtenances which are now owned by, or shall be constructed or acquired in the future by, the City of Forest Hill are and will become the sole responsibility of, and will be maintained by, the City of Forest Hill ', and that the City of Fort Worth shall not, now or ever, have any responsibility or liability for the opera- -4- tion or maintenance of same. D. Industrial Waste 1 . No person, firm or corporation operating or maintaining any commercial , manu- facturing or industrial establishment discharging into the sewers any "industrial waste", as defined in City of Fort Worth Ordinance No. 3701 and amendments thereto, shall have the right hereunder to connect, directly or indirectly, to the sanitary sewerage system of the City of Fort Worth unless prior approval is granted by the Director of the Fort Worth Water Department; and it is understood that no such approval shall be granted unless such connection is; ,made in compliance with all pertinent ordinances , rules and✓or regula- tions of the City of Fort Worth governing such industrial wastes . All provisions and terms contained in said Ordinance No. 3701 and amendments thereto are expressly referred to and incorporated herein the same as if set out verbatim. 2. No person, firm or corporation operating or maintaining any commercial , manufactur- ing or industrial establishment discharging into the sewers any "industrial w�ste", as defined in City of Fort Worth Ordinance No. 3701 and amendments thereto, shall have the right hereunder to connect, directly or indirectly, to the sanitary sewerage system of the City of Forest Hill unless prior approval is granted by the appropriate City of Forest Hill representative; and it is understood that no such approval shall be granted unless such connection is made in compliance with all pertinent ordinances , rules and/or regulations of the City of Forest H i l 1. 2. A: Method of Determination of Charge The service charge made by the City of Fort Worth for sewerage service under the terms of this contract shall be based on the complete cost of operation and maintenance and the pro rata of the capital cost of the transporting and treating facilities as com- puted for the portion of the system utilized by the City of Forest Hill. B. Charge Rates The charge rate for the initial period of this contract, which shall terminate September 30, 1968, for each residential connection in the City of Forest Hill has been computed to be $0.915 per month. For the same period the charge rate per 1000 gallons of sewage handled is $0.086. -5- C. The Respective Portions of the Charge Rates are shown as follows : Per Residential Per 1000 Gallons 1 . Treatment facility Connection N—ewage Handled (a) Rental charge $0.263 $0.025 (b) Operation it maintenance 0.315 0.029 2. Transporting facility (a) Rental charge 0.318 0.030 (b) Operation and maintenance 0.019 0.002 Charge Rate $0.915 $0.086 D. Adjustment of Charge Rates The charge rate shall be reviewed and adjusted every five years . The first such review shall be based on the annual costs of operation for the fiscal year 1967-68. The costs related to transporting and treating sewage from the City of Forest Hill shall be determined in accordance with methods herein as follows : 1 . The portion of the charge rate relating to rental charge for transporting facilities is to be held constant and not subject to variation for the life of the contract. 2. The portion of the charge rate relating to rental charge for treating facilities shall vary as the product of such amount multiplied by the result obtained by dividing the average construction cost per million gallons of sewage treatment capacity at the Fort Worth Village Creek Sewage Treatment Plant in existence at Y the time of such recomputation by $161 ,000.00, such average construction cdst to be defined as the total final contract cost for all existing facilities at the Fort Worth Village Creek Sanitary Sewage Treatment Plant at the time of such re- computation divided by the total capacity in million of gallons per day of such existing facilities . ($161 ,000.00 is to be taken as the average construction cost per million gallons per day of treatment capacity at the time of execution of this contract:) 3 . The portion of the charge rate relating to sewage treatment plants operating -6- and maintenance cost shall vary as the product of such amount multiplied by the result obtained by dividing the combined total costs of operating and main- taining all City of Fort Worth Sewage Treatment Plants per million gallons of sewage treated in such plants during the fiscal year most recent to the time of such recomputation, adjusted to reflect anticipated trends in such costs over the five years to be governed by the recomputed charge rate, by $29,20. (The $29.20 amount was the cost per million gallons of sewage treated during the Fiscal Year 1961-62 for operation and maintenance of all City of Fort Worth Sewage Treatment facilities.) 4. The portion of the charge rate relating to transporting facilities maintenance cost shall vary as the product of such amount multiplied by the result obtained by dividing the average expenditure per mile of sanitary sewer in the Fort Worth sanitary sewage collection system for maintenance of that system during the fiscal year most recent to the time of such recomputation, adjusted to reflect anticipated trends in such costs over the five years to be governed by the recomputed charge rate, by $317,07. (The $317.07 amount was the average cost per mile of sewer in the Fort Worth sewage collection system during Fiscal Year 1961-62 for maintenance of that system) . 5. The recomputed charge rate shall be taken as the sum of the constant set forth in 1 . above added to the results of the computations described in 2. , 3. and 4. above. In making adjustments to reflect anticipated cost trends as required under 3 . and 4. above, immediate past cost trends , current costs , and projected future cost trends shall be duly considered and a mutually agreeable determination made of the adjustment applicable in each case. E. Charge Rate to be Applied The charge rate to be applied under the terms of this contract is the charge rate -7- per residential connection per month, except in the event either City shall exercise its option to convert billing to the metered sewage basis in the manner described hereinafter. 3 . RATES CHARGED BY THE CITY OF FOREST HILL: A. Charge Rates The charge rate made to the City of Fort Worth by the City of Forest Hill, shall continue in effect until such time as rates for sanitary sewer service currently being charged the Cityof Forest Hill by the City of Fort Worth are changed. The g change in the charge rate made by the City of Forest Hill: at that time shall correspond to the change in the cha rge rate made by the City of Fort Worth. The charge rate for each residential connection is $0.915 per month. charge rate per 1000 gallons of sewage handled is $0.086. p th• The B. Charge Rates for Other Than Residential Connections The charge rate for other than residential connections shall be computed the same basis as set out under Section 4 on Subsection A-2. C. Charge Rate to be Applied The charge rate to be applied under the terms of this contract is rate per residential connection per month, except in the event either the charge exercise its option to convert billing to the metered sewage basis City shall described hereinafter. �n the manner 4. PAYMENT TO FOREST HILL.' FOR SANITARY SEWER SERVICE A. When charge rate per residential connection per month is used: Payment of charges to the City of Forest Hill, for sanitary sewer service by the City of Fort Worth shall be made as follows : used 1 . A charge rate of $0.915 per month per residential connection se rved. -8- 2. The charge rate per commercial connection shall be equal to the gallons of water consumed each month by the commercial customer divided by 10,500 gallons and multiplied by $0.915. The charge rate per commercial connection shall not be less than $0.915 per month. 3 . Monthly payment The monthly payment shall be calculated equal to the number of residential connections served at the end of the month multiplied by $0.915 plus the charges calculated for all commercial connections . Payment shall be made by the City of Fort Worth to the City of Forest Hill- on or before the 15th day of each month for the services received during the preceding month. 4. Failure on the part of the City of Fort Worth to make me a P y nts due the City of Forest Hill: shall be sufficient cause for refusal to receive sewage as provided herein . g B. When conversion is made to charge rate per 1000 gallons of sewage handled; At the next billing date after sewage flow metering stations are placed in operation, the City of Fort Worth shall render to the City of Forest Hill: the last payment for sanitary sewerage service based on the monthly char connection set forth herein. Thereafter, the City of Fort Worth shall per operate and maintain the installed sewage flow metering stations in good working order at all times and report to the City of Forest Hill the total volume of sewage delivered into the Forest Hill sanitary sewerage system from within the Cityof Fort Worth during each subsequent billing period. In addition, the City of Fort Worth shall render payment to the City of Forest Hill at each billing date an amount of money equal to that amount obtained by multiplying the number of thousands of gallons of sewage delivered into the Forest Hill sanitary sewerage 9 -9- system from within the City of Fort Worth during the billing period preceding the billing date by $0.086. 5. PAYMENT TO CITY OF FORT WORTH FOR SANITARY SEWER SERVICE A. When charge rate per residential connection per month is used: Payment of charges to the City of Fort Worth for sanitary sewer service used by the City of Forest Hill shall be made as follows : I . A charge rate of $0.915 per month per residential connection served. 2. The charge rate per commercial connection shall be equal to the gallons Of water consumed each month by the commercial customer divided by 10,500 gallons and multiplied by $0.915. The charge rate per commercial connec- tion shall not be less than $0.915 per month. 3 . Monthly payment The monthly payment shall be calculated equal to the number of residential connections served at the end of the month multiplied by $0.915 plus the charges calculated for all commercial connections . Payment shall be made by the City of Forest Hill to the City of Fort Worth on or before the 15th day of each month for the services received during the preceding month. 4. Records available The City of Forest Hill agrees to furnish a current statement each month showing the number and type of sewer connections within the limits of the City of Forest Hill for said preceding month, and, further agrees to permit the City of Fort Worth, at reasonable times , to examine the water and sewer records and customer accounts of the City of Forest Hill. 5. Failure on the part of the City of Forest Hill to make payments due the City of Fort Worth shall be sufficient cause for refusal to receive sewage as provided herein. -10- Bo When conversion is made to charge rate per 1000 gallons of sewage handled: At the next bulling date after sewage flow metering stations are placed in operation the City of Forest Hill shall make the last payment for sanitary sewerage service based on the monthly charges per connection set forth herein. Thereafter, the City of Fort Worth shall operate and maintain the installed sewage flow metering stations in good working order at all times and record the total volume of sanitary sewage delivered into the Fort Worth sanitary sewerage system from connections within the City of Forest Hill during each subsequent billing period. In addition, the City of Fort Worth shall bill the City of Forest Hull at each billing date for services rendered during the billing period preceding such billing date an amount equal to the sum of: I . All costs during the billing period concerned incurred by the City of Fort Worth in operating and maintaining sewage metering stations measuring the flow of sewage from within the City of Forest Hill into the Fort Worth sanitary sewerage system, including but not limited to such costs as labor and materials for reading meters, adjusting meters and recording mechanisms, changing recording charts, and repairs to meters and appurtenances , 2. The sum of money obtained by multiplying the total number of thousands of gallons of sewage flowing from the City of Forest Hill into the Fort Worth sanitary sewerage system during the billing period concerned by $0.086. 6. CHANGE BN CHARGE RATE BASIS BY FOREST HILL If the City of Forest Hill should decide that the monthly charges per connection to be paid to it hereunder are not commensurate with its costs for handling the volume of sewage generated by such connections, then the City of Forest Hill shall notify the Director of the Fort Worth Water Department of such decision in writing and request that such sewage flow metering stations be constructed at -11- City of Fort Worth expense as the Director of the Fort Worth Water Department deems necessary to determine the volume of sewage being delivered into the Forest Hill system from the City of Fort Worth. The Director of the Fort Worth Water Depart- ment shall cause such sewage flow metering stations to be installed and in opera- tion within six months after receipt of such written notice from the City of Forest Hill. 7. CHANGE IN CHARGE RATE BASIS BY FORT WORTH Should the City of Fort Worth decide that the monthly charges per connection to be paid to it hereunder are not commensurate with its costs for handling the volume of sewage generated by such connections , then the Director of the Fort Worth Water Department shal ➢ notify the City of Forest Hil ➢ in writing of such decision. Within six months after having given such written notice the Director of the Fort Worth Water Department shall have caused such sewage flow metering stations to be constructed as he deems necessary to determine the volume of sewage being delivered into the City of Fort Worth sanitary sewerage system from connec- tions to the City of Forest Hill sanitary sewerage system. Metering stations shall be accessibly located. The construction of such metering stations shall be per- formed by the City of Fort Worth, but all costs attendant to such construction shall be paid by the City of Forest Hill within 30 days after receipt of billing for such construction costs from the City of Fort Worth, such billing by the City of Fort Worth to follow within 30 days after such metering stations are completed and placed in operation. 8. DIVERSION OF OVERLOAD FROM FOREST HILL, SYSTEM TO FORT WORTH SYSTEM Should the capacity of the sanitary sewerage system of the City of Forest Hill be approached or exceeded, the City of Forest Hill may notify the Fort Worth -12- Wat@r D@partm@nt Dir@@tor of thi§ condition in writing and r@qu@§t th@ City of Fort Worth, within tw@lv@ (12) month§ of th@ dat@ §u@h writs@n noti@@ i§ r@@@Iv@d, @ith@r to r@mov@ it§ Conn@coon§ to th@ For@§t Hilt §@nit@ry §@w@rag@ §y§t@m and @@a§@ to inj@@t §anitary §@wag@ Into It§ §y§t@m or to @on§tru@t a @onn@@tion b@tw@@n th@ City of For@§t Hill §anitary §@w@r infiu@nt main at it§ tr@atm@nt plant and th@ City of Fort Worth'§ Villag@ Cr@@k Coll@@tor Main, A volum@ of untraat@d §@wag@ @quival@nt to th@ volum@ of §@wag@ @nt@ring into th@ For@§t Hill §anitary §@w@rag@ §y§tam from within th@ limit§ of th@ City of Fort Worthi §hall b@ di§charg@d to th@ Fort Worth §y§t@m through §aid @onn@ctlon, If th@ City of Fort Worth constructs a Conn@coon b@tw@@n It§ Vlll@g@ Cr@@k Collector Main and th@ For@§t Hill plant Influ@nt §@w@r, th@ charg@ mad@ by th@ City of For@§t Hill for transporting and tr@ating §@wag@ from th@ City of Fort Worth §hail b@ r@duc@d by an amount @qual to th@ tr@atm@nt fa@ility portion of th@ charg@ rat@ §hown h@r@In and@r rat@§ ch@rg@d by th@ City of Fort Worth, 9. POSSIBLE FUT F ADANDONMINT OF FOB Jp� U I I I �FWAaF fi�FA�MFNfi P�ANfi Should th@ City of For@§t Hill @I@ct at §om@ futur@ tim@ to abandon th@ pr@ctic@ of tr@ating all or a major part of th@ §@wag@ b@Ing d@liv@r@d to It§ §anitary §@wag@ tr@atm@nt plant by It§ col ]@ctlon §y§t@m, it may dir@ct a r@qu@§t In writing to th@ Dir@ctor of th@ Fort Worth Wat@r D@partm@nt that it b@ p@rmttt@d to con§trust a coon@ctlon b@tw@@n th@ City of Fort Worth'§ Villag@ Cr@@k Colt@@tor Main and th@ For@§t Hill §@wag@ tr@atm@nt plant and to div@rt a major volum@ of §@wag@ from th@ City of For@§t Hill §y§t@m, Within tw@Iv@ (1k) month§ of th@ dat@ §uch wrltt@n notic@ I§ r@c@lv@d, th@ City of Fort Worth §hall @nd@avor to hav@ compl@t@d con§tructlon of it§ Villag@ Cr@@k Coll@ctor Main to a point mutually acc@pt@bl@ a§ Ming th@ prop@r Iocation for r@c@iv4ng th@ For@§t Hill S@wag@ Tr@atm@nt Plant Conn@ctlona Th@ City of For@§t Hill §hall con§trust th@ conn@c= Lion without Way and §hall dIv@rt a major portion of It§ §anitary §@wag@ W13- thereinto as soon as the connection to the Village Creek Collecto pleted. r Main is com- Payment to the City of Fort Worth for this service shall be made basis of the charges set forth hereinbefore for each connection °n the Hill sanitaryto the Forest sewerage system whose untreated sewage is diverted from the Forest Hill sewage Treatment Plant to the Fort Worth Village Creek Collector Main. For the purpose of this contract, the number of connections whose sanitary sewage is thus diverted shall be taken as the total volume i untreated sewage so diverted during the billing period n gallons of , as determined from City of Forest Hill sanitary sewage treatment plant records, divided by 10,500 gallons the City of Forest Hillinstalls suitable metering facilities as except that if the charge will be based on $0.086 Provided herein, per 1000 gallons of sewage handled. 10. LIFE OF CONTRACT The life of this contract shall be thirty-five y- (35) years from the date of execution, and thereafter shall be subject to renegotiation between the its parties hereto, 11 . EFFECTIVE DATE FOR BILLING The effective date of this contract for billing day of the month following the month during which this Purposescontract is executed. The City of Fort Worth and the City of Forest Hill each binds its successors and assigns, elf, its 9 , to the other party to this agreement and to the successors and assigns of each other party with respect to all covenants contain ed ned in this Neither party hereto shall assign, sublet or g transfer an under without the written consent of Y rights here- the other party. IN TESTIMONY WHEREOF, after proper action by the respective overni for the parties hereto g ng bodies we have caused these presents to be ell cate copies, each of which is considered xecuted in quadrupli- �; to be an original , and the seals of the respective parties to be hereto affixed on the date above written. -14- ATTEST: 4Sr�e—atary����� CITY OF FORT WORTH CI BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVAL RECOMMENDED: Director, F rt Worth W �ep�artme�nt ATTEST: CITY OF FOREST HILL: C u ty Secretary ���•� /,p ,` B y �— Mayor -15-