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HomeMy WebLinkAboutContract 6300 C/Ty CQ1 5 ��'C WMCT 7'A RY CONTRACT FOR SANITARY SEWER SERVICE BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE TRINITY RIVER AUTHORITY AND THE CITY OF HURST AND. THE CITY OF.NORTH RICHLAND HILLS THE STATE OF TEXAS COUNTY OF TARRANT THIS CONTRACT AND AGREEMENT made and entered into as of the 18th day of April, 1969, by and between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized City Manager and the Trinity River Authority of Texas, a governmental agency of the State of Texas, acting by and through its duly author- ized Board of Directors, and the City of Hurst, a municipal corporation acting through its duly authorized City Council, and the City of North Richland Hills, a municipal corporation, acting through its duly authorized City Council, hereinafter called "Purchasers," 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 place of treatment and disposal; and WHEREAS, the City of Fort Worth, in the performance of a governmental function, maintains said lines, plants and facilities as a sanitary sewerage system and .component part of EWORTH, i:tiD ARY TEX. the Fort Worth City Water Department; and WHEREAS, Purchaser, Trinity River Authority, proposes to construct a sanitary sewerage system serving portions of the Walker-Calloway Branches drainage area; and II WHEREAS, Purchaser desires to connect its sanitary sewerage system located in the Walker-Calloway Branches drainage area to that of the City of Fort Worth at a point on the 96" diameter section of the Fort Worth Connecting Outfall Sewer Main for the primary purpose of furnishing sewer service to the City of Hurst and the City of North Richland Hills; and, WHEREAS, the City of Fort Worth, for and in consider- ation of the covenants and agreements hereinafter contained, is willing to accept the sewage from the lines of Purchaser into its own sewer lines at the point of connection described herein- above 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, 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 Purchasers do hereby covenant and agree as follows: TERMS AND CONDITIONS 1. The City of Fort Worth hereby grants to Purchaser, Trinity River Authority, the right to connect the sanitary sewerage system of the Trinity River Authority located in the Walker-Calloway Branches drainage area to the City of Fort 2 Worth's 9611 Connecting Outfall Sewer Main, conditioned upon the plumbing facilities of each residential and commercial connection made either directly or indirectly to Purchaser's sewerage system served under the terms of this contract con- forming to and being in compliance with the applicable ordinances governing similar connections within the corporate limits of the City of Fort Worth. 2. Any sewer lateral, main or sub-main serving two or more residential or commercial units of Purchasers, which is connected directly or indirectly with the sanitary sewer's of the City of Fort Worth shall be designed by, and the construc- tion shall be supervised by, competent. engineers. Such engineers shall, in the preparation of plans and specifications for such construction, incorporate therein requirements and methods of construction at least equal to those requirements for similar construction of .s.ewer laterals, mains or sub-mains under Fort Worth Water Department specifications and design requirements. The City of Fort Worth shall have the right to make periodic inspections while such construction is in progress and to require compliance with the plans and specifications so pre- pared. 3. The Cities of Hurst and North Richland Hills hereby grant to Trinity River Authority the right to use their surplus capacity in said Authority's Walker-Calloway Branch sewer facilities for the benefit of other parties as long as such surplus capacity exists, and as long as this contract is in force and effect. The amount of such surplus capacity shall be determined by Authority. It is understood and agreed, how- ever, that the Cities of Hurst and North Richland Hills shall 3 never be obligated to maintain a surplus capacity in said sewer facilities by curtailing the amount of sewage discharged into such facilities, and said Cities shall have the unimpaired right at any and all times to increase their discharges into said facilities to the maximum permitted by other contracts between said Cities and Trinity River Authority. The City of Fort Worth shall have the right to connect either directly or indirectly future sanitary sewer services from customers situated in the City of Fort Worth and in the service area of Trinity River Authority's Walker-Calloway Branch sanitary sewerage system and shall have the right to discharge sewage in an aggregate amount not to exceed 250,000 G.P.D. into such system so long as capacity surplus to the needs of the Cities of Hurst and North Richland Hills exists at the time of connection of such services. Trinity River Authority will in like manner accept sewage from the City of Fort Worth in excess of 250,000 G.P.D. so long as surplus capacity exists. It is recognized and agreed that the total amount of discharge that the City of Fort Worth may discharge into said Authority's facilities hereunder shall be governed at all times by the amount of surplus capacity available to Trinity River Authority, as determined by Authority. In the event the Walker-Calloway Branch sanitary sewerage system of said Authority does not provide sufficient available capacity to receive at least 250,000 G.P.D. from connections in Fort Worth, it is agreed that Trinity River Authority and Fort Worth will cooperate in the development of a mutually satisfactory plan for providing sanitary sewer service. Trinity River Authority agrees that the charge rate to be paid by the City of Fort Worth to said Authority for such connections and for the reception of sewage shall be computed and determined in accordance with the standard procedure described in this agreement for the determination of similar charges to be made by the City of Fort Worth to said Authority for comparable services. 4. Purchasers will not make any extension of sanitary sewer lines within the extraterritorial jurisdiction of the City of Fort Worth, without the approval of the City of Fort Worth. In the event the City of Fort Worth agrees to any extensions by Purchasers of its sanitary sewer service within the extraterritorial jurisdiction of the City of Fort Worth, such extensions shall be of sufficient size and capacity to serve the drainage area involved, and the rates to be charged its customers by Purchasers, and the compensation to be paid by it to the City of Fort Worth, shall be determined and fixed at the time such action is taken. 5. Purchasers shall grant to the City of Fort Worth such easements and rights of way along public highways or other property as are needed to construct and maintain sani- tary sewer mains and facilities as the City of Fort Worth may find it necessary to build. The City of Fort Worth will move such sanitary sewer mains when reasonably necessary upon notice from Purchasers. The City of Fort Worth will repair any damage to any street caused by the existence of such sanitary sewer mains therein. All work done by or on behalf of the City of Fort Worth under this paragraph shall be performed in accord- ; ance with specifications equal to those applying to work of a i 5 similar nature performed within the City of Fort Worth. II MAINTENANCE OF SANITARY SEWERAGE SYSTEMS All sanitary sewers, laterals, mains, sub-mains and appurtenances owned by or acquired by Purchasers shall be maintained by Purchasers, and the City of Fort Worth shall not have any responsibility or liability now or ever for the operation or maintenance of said sewers. All sanitary sewers, laterals, sub-mains, mains, and appurtenances owned by or acquired by the City of Fort Worth shall be maintained by the City of Fort Worth, and Purchasers shall not have any responsibility or liability now or ever for the operation or maintenance of same. III RATES 1. 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 computed for the portion of the system utilized by Purchasers. 2. Rate to be Used The charge rate for the initial period of this contract, which shall terminate as provided hereinafter, has been determined to be as follows: A. The charge rate is $0.058 per 1000 gallons of sewage handled by the City of Fort Worth when metering stations are used. 6 The respective portions of the charge rates are as follows: Per 1000 t Per Gallons Residential Sewage Connection Handled (1) Treatment facility Rental charge $0.257 $0.024 Operation and Maintenance 0.310 0.030 (2) Transporting facility Rental Charge $0.032 $0.003 Operation and Maintenance 0.010 0.001 $0.609 $0.058 B. When the payment is computed on a per connec- tion basis, the charge rate per residential connection of Pur- chasers is $0.609 per month, and the charge rate for each commercial connection shall be equal to the gallons of water consumed per month by the commercial customer divided by 10,500 gallons and multiplied by $0.609. The charge rate for each commercial connection shall not be less than $0.609 per month. C. The service charge shall be $25.00 per month for billing on a connection basis plus $25.00 per month per metering station. The meter service charge includes the costs of billing, meter reading, charts and routine minor maintenance of metering equipment. Cost of electric power and costs of repairs to the metering station, including the costs of materials, parts, labor and equipment costs, shall be paid by Purchasers in addition to the $25.00 meter service charge. 3. Adjustment of Charge Rates A. The charge rate shall be reviewed and adjusted every five years. The first such review shall be based on the annual costs of operations for the fiscal year 1967-1968. Cost trends, including the average rate of increase or decrease in the annual cost of operation, shall be projected to determine a fair 7 adjusted charge rate and meter service charge. The adjusted rate shall be made effective as set out herein below. On September 16, 1968, the City of Fort Worth employed a firm of rate consultants to study and report on the rates being charged by the City of Fort Worth for sewerage services being rendered to other municipalities, the purpose of such study and report being to assure reimbursement to the City of Fort Worth of its total cost of acquiring, constructing, operating and maintaining facilities for the collection, transportation, and treating of sanitary sewage, such costs to be computed for the portion of the City of Fort Worth's sanitary sewerage system to be utilized by each respective municipality, corporation or political entity contracting for sewerage services. It is accordingly agreed that the charge rates as set out herein shall be adjusted by the City of Fort Worth based upon the study and report of the rate consultants after acceptance of such report by the City of Fort Worth, and it is further agreed that this adjusted charge rate shall be effective on the next billing date following the date of written notice by the City of Fort Worth to Purchaser setting forth the adjusted charge rate. The next adjustment of the charge rate following the initial adjustment as set out above shall be effective October 1, 1973, and charge rate adjustments shall be made each 5 years thereafter in accordance with procedures developed by the City of Fort Worth as a result of the rate consultant's study. B. The charge rate to be applied under the terms of this contract is the charge rate per residential connection per month, except in the event either the City of Fort Worth or Purchasers shall exercise its option to convert billing to 8 the metered sewage basis in the manner described hereinafter. IV PAYMENT FOR SANITARY SEWER SERVICE Payment of charges to the City of Fort Worth for sanitary sewer service used by Purchasers shall be made as follows: 1. The City of Fort Worth shall bill Purchaser, Trinity River Authority, at the end of each monthly billing period for: a. The service charge of $25.60 per month for billing on a per connection basis. b. The sum of money obtained by multiplying $0.609 times the total number of residential customers plus the computed charge for commercial customers discharging sewage into the City of Fort Worth Sewerage System through an unmetered connection. 2. The billing period shall be each calendar month and the billing date shall be each tenth day of the following month. The billing period and the billing date may be changed by written agreement by the Director of the Fort Worth Water Department and the Regional Manager, Northern Division, of Purchaser, Trinity River Authority. Purchaser, Trinity River Authority shall make payment of the charges contained in a bill rendered by the City of Fort Worth within 15 days following each such billing date. 3. Failure on the part of Purchasers to make payments due the City of Fort Worth shall be sufficient cause for refusal to receive sewage as provided herein. 4. Records Available: Purchaser, Trinity River Authority, agrees to furnish a current statement each month showing the number and type of sewer connections to its sanitary 9 sewerage system 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 Purchaser, Trinity River Authority. 5. When conversion is made to charge rate per 1000 gallons of sewage handled: At the second billing date after sewage flow metering stations are placed in operation, Purchasers shall make the last payment for sanitary sewerage service based on the monthly charges per connection set forth herein. There- after, the City of Fort Worth shall bill Purchaser, Trinity River Authority, at each billing date for services rendered during the billing period preceding such billing date an amount equal to the sum of: a. The meter service charge of $25.00 per metering station used, plus metering station repair costs incurred by the City during the billing period. b. The sum of money obtained by multiplying by $0.058 the total number of thousands of gallons of sewage flowing from Purchaser's sanitary sewerage system into the Fort Worth sanitary sewerage system during the billing period. V CHANGE IN CHARGE RATE BASIS BY PURCHASERS If Purchasers should decide that the volume of flow generated per connection is sufficiently less than the average flow assumed for calculation of the per connection rates, such that the charge rate on the per connection basis is not com- mensurate with the charge rate per 1000 gallons of sewage, then Purchaser, Trinity River Authority, may notify the Director of the Fort Worth Water Department of such decision in writing and request that such flow metering stations be constructed as the 10 Director of the Fort Worth Water Department deems necessary to determine the volume of sewage being delivered into the City of Fort Worth sanitary sewerage system from Purchaser's sanitary sewerage system. Within six months after having received such written notice, the Director of the Fort Worth Water Department shall have caused such flow metering stations to be constructed and placed in operation. Metering stations shall be accessibly located. Both parties have the right to observe performance of metering devices at any time. Both the i City of Fort Worth and Purchasers shall have the right to test any metering stations at any time by first giving the other party notice of its intention to make such a test and therefore giving reasonable opportunity to the other party to have representatives participate in such test. Should any malfunc- tion be observed at any time, it shall be the duty of each party immediately to notify the other of such malfunction, and upon such notice, correction of such malfunction shall be made promptly by the City of Fort Worth. The construction of such metering stations shall: be performed by the City of Fort Worth, but all costs attendant to such construction, including site acquisition shall be paid by Purchaser 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, but not prior to July 15 of the year in which the metering stations are completed. The City of Fort Worth shall operate and maintain the installed sewage flow metering stations in good order at all times and record the total volume of sanitary sewage delivered into the Fort Worth Sanitary Sewerage system from connections to Purchaser's sani- tary sewerage system during each subsequent billing period. 11 VI 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 shall notify Purchasers in writing of such decision, such notice to be given to Purchaser, Trinity River Authority, not later than March 15 of the calendar year in which such metering stations are to be constructed. With- in six months after having given such written notice, the Di- rector 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 deliver- ed into the City of Fort Worth sanitary sewerage system from connections to Purchaser's sanitary sewerage system. Metering stations shall be accessibly located. Both parties have the right to observe performance of metering devices at any time. Both the City of Fort Worth and Purchaser shall have the right to test any metering station at any time by first giving the other party notice of its intention to make such a test and therefore giving reasonable opportunity to the other party to have representatives participate in such test. Should any mal- function be observed at any time, it shall be the duty of each party to notify immediately the other of such malfunction, and upon such notice, correction of such malfunction shall be made promptly by the City of Fort Worth. VII INDUSTRIAL WASTES The quality of the sewage delivered into the Fort Worth Sanitary Sewerage System from the sanitary sewerage system 12 of Purchaser shall be equal to or better than the quality standards established by ordinances of the City of Fort Worth regulating industrial wastes to be injected into the Fort Worth Sanitary Sewerage System from connections within corporate boundaries of the City of Fort Worth, and Purchasers covenant and agree to be liable for and assume the same penalties for violation of such quality standards applicable to a producer of industrial wastes located within the corporate boundaries of the City of Fort Worth. VIII LIFE OF CONTRACT The life of this contract shall be thirty-five (35) years from the date of its execution, and thereafter shall be subject to renegotiation between the parties hereto. It is contemplated by the parties hereto that the basis for renegotiation for this agreement upon its expiration will have as its object computing a fair charge for services that recovers all costs direct and indirect that might be incur- red by the City of Fort Worth in providing such services. IX EFFECTIVE DATE FOR BILLING The effective date of this contract for billing pur- poses shall be the tenth day of the month following the month during which the first introduction of sewage into the City of Fort Worth's system under the terms of this agreement occurs. X The City of Fort Worth and Purchasers each binds itself, its successors and assigns, to the other party to this agreement and to the successors and assigns of each other party with respect to all covenants contained in this agreement. Neither party here- to shall assign, sublet or transfer any rights hereunder without the written consent of the other party. 13 i IN TESTIMONY WHEREOF, after proper action by the respective governing bodies for the parties hereto, we have caused these presents to be executed in multiple copies, each of which is considered to be an original, and the seals of the respective parties to be hereto affixed as of the date above written. CITY OF FORT WORTH: BY City Manager ATTES �-- City Secretary APPROVED AS TO FORM AND LEGALITY, 9 r ity Attorney APPROVAL RECOMMENDED: Director, Fort rth Wap3& Department (SEAL) TRINI .X RIVER AUTHORITY OF TEXAS: BY President, Board of Directors ATTES/T: � 'ecre aL-y, Board/of Direct,drs (SEAL)IX f CITY OF TZlz�i L: . (BY ) Mayo ATTEST: City S etary (SEAL CITY OF NORTH RICHLAND HILLS: BY Mayor AT ST: City Secr Lary (SEAL) City Of;,Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Proposed Sanitary Sewer Service PAGE 5126/69 NUMBER Contract-Trinity River Authority, City C-1494 of Hurst and City of North Richland i of —2_ Hills The Cities of Hurst and North Richland Hills have contracted with the Trinity River Authority for the construction of a collector sewer and the three agencies have requested a contract with the City of Fort Worth to furnish sanitary sewage treatment service in accordance with the terms of the standard policy of the City of Fort.Worth for providing sewage treatment for other communities. The attached agreement has been approved by the Board of Directors ,of the Trinity River Authority and has been informally approved by the City Councils of Hurst and North Richland Hills. Approximately 27,600 feet of 21 inch to 42 inch sanitary sewer main designated as the Walker-Calloway Branches Collector will be constructed by the Trinity River Authority to serve the northeastern part of North Richland Hills and the northwestern part,of Hurst. Initially the collector will serve approximately 1,900 connections in the City of Hurst. The project cost of approximately $750,000 will be financed by the Trinity River Authority. The collector will discharge to Fort Worth's 96 inch collector outfall as shown on the attached sketch. . Terms of the Agreement . i The agreement provides that the Trinity River Authority may connect its pro- posed Walker-Calloway Branches Collector ,Sewer to Fort Worth's sewage system provided that the plumbing facilities of each service connection served conforms to the plumbing standards of the City of Fort.Worth. The agreement provides that sanitary sewer extensions served by the collector sewer shall be designed and the construction supervised by licensed professional engineers, and that additions to the sanitary sewage system conform to the construction standards equal to the requirements for similar construction in the City of Fort Worth. Approximately 6,000 feet of the 42 inch collector will extend across the City of Fort Worth but will serve a relatively small. area in Fort Worth due to the topography. The agreement provides that service connections in Fort Worth may discharge up to 250,000 gallons per day of sewage into the Walker-Calloway Branches Collector at rates calculated in accordance with the procedures proposed for payment by the Trinity River Authority to the City of Fort Worth, The agreement provides that extensions will not be made within the extra- territorial jurisdiction of the City of Fort Worth without the approval of the City of Fort Worth. A sewage metering station will be constructed by the Trinity River Authority at n.o expense to the City of Fort.Worth. However, it is anticipated that during the early years of the contract, payment for service will be based on the number of connections served: DATE REFERENCE SUBJECT. Proposed Sanitary Sewer Service PAGE 5/26/69 NUMBER Contract-Trinity River Authority, City 2 of 2 C-1494 of Hurst and City of North Richland Hills Rates Charged The rates charged the Trinity River Authority are based on the cost of operation and maintenance and the cost of capital facilities used in transporting and treat, ing sewage in accordance with the standard rates established by the City Council for providing sanitary sewer service to neighboring communities.. The initial rate set forth in the agreement is $0.058 per 1,000 gallons of sewage received in the Fort Worth system or $0.609 per residential connection per month. It is anticipated that these rates will not be used since the agreement provides that the rates will be adjusted by the City of Fort Worth based upon the rate study now being made by Black and Veatch, Consulting Engineers, when the consultants recommendations have been implemented by the City of Fort Worth. The rates charged are subject to adjustment each five years with the next rate adjustment to be effective October 1, 1973. Payment for Sewer Service The monthly payment by the Trinity River Authority will be the sum of the meter service charge ($25.00 per month) , metering station repair costs, and the charge for the quantity of sewage entering the Fort Worth system at $0.058 per 1,000 gallons or $0.609 per residential connection per month or as these charges are amended. Summary Th s proposed agreement is in accordance with the established policy of the City of Fort Worth to furnish sanitary sewer service to neighboring communities si uated in the drainage area of the Trinity River upstream from Village Creek Se age Treatment Plant. Recommendation It is recommended that the contract to provide sanitary sewer service to the cities of Hurst and North Richland Hills and the Trinity River Authority be approved and that the City Manager be authorized to execute the contract on behalf of the City of Fort Worth. HDM:Jp Attachment SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER