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HomeMy WebLinkAboutContract 6132City of Dallas Dallas -Fort Worth Regional Airport Board Gent|amen: The following Letter of Agreement represents the understanding of the C/ty -of Fort Worth, the City cf Dallas, and the Dallas -Fort Worth Rsq�,'onm| Airport Board with regard to the construction of certain water mains and the sale of treated water by the City of Fort Worth to the Dallas -Fort Worth Reg/onal A;rpnrL Board. Please acknowledge your consent and agreement 6ereto by signYng and returning all copies hereof to the C/ty Manager oF the City ni Fort Worth, 1000 ThrockmorLon Street, Fort Worth, Texas. LETTER OF AGREEMENT The 'City of Fort Worth agrees to sell treated water to the Dallas - Fort Worth Regfona| A|rport Board and the Dallas -Fort Worth Regional Airport Board agrees to accept and pay For such treated water in accor- dance with the terms and con6�tions set forth herein. A. Construction of Water Supply Mains; Interim Water Use. |. Fort Worth has omp|uyed engineers to design a water main ex- tending from the present terminus of Fort Wbrth/s 16-|nch water main located on Highway 360 to the intersection of Jackson Road er;6 H!gh*�Fy l83 and to design a 24-inch main north on Jackson Road from Highway 183 to the vicinity of Estelle Road. 2^ The City will, be responsible for paying all costs of cunstruct- /ng the 16-|nch main from Highway 360 to the south side of Highway 183 at Jackson Road, and the Regional Airport Board w||| be responsible for paying all of the costs of the construc- tion of the 24-inch main north to Estelle Koad.frmm the sale of revenue bnnJs. The construction 6i6 proposal will he divided into two sect7ons, and the City will award the construction contract and provide the construction engineering supervision. The City wi | ) make payments to the Contractor and render monthly statements to the Regional Airport Board for reimbursement to City of monthly payments made by the City to the Contractor for work performed on the 24-|nch water main which will be owned by the Airport. 3. The Cities of Dallas and Fort Worth will own the water main util- ities to 6e constructed in Jackson Road from the south side of Dallas -Fort Worth Regional Airpor\ Board Page Z Highway 183 to Estelle Road and later, as it may be extended within the Airport property. The City agrees to operate and maintain this main and the service taps and customers' meters acting for the Regional Airport Board until the Regional Air- port, water system is in operation by its management. The Regional Airport Board will reimburse the City of Fort Worth within 30 Jays from the sale of revenue bonds after receiving an invoice for all costs related to operating and maintaining the Regional Airport system. 4. The City agrees to expedite the construction of the two water mains in order that water for construction of the Airport may be available as early as possible. It is anti- cipated that the completion date will be within six months after the execution of the agreement. �. Vater for coris{ruc-tion The City will make the necessary taps and install temporary services and meters for use by contractors during construction of the Regional Airport. The individual contractor would apply to the Regional Airport Management for the water service and when approved by the Regional Airport Executive Director, the application would be forwarded to the Fort Worth Water Department for construction. The service tap and meter installation would be made by the City at the expense of the contractor, including the cost of the meter. The con- tractor will pay any necessary meter repair costs. The cost of meters w| | | be reimbursed to the contractor less cost of repairs when returned to the Port Worth Water Department, Meters will be read and billed monthly. The individual con- tractor shall pay for treated water used based on the regular Fort Worth water rate plus |U% plus 1.2 cents per 1800 gallons � for water sold outside the boundaries of the Tarrant County Water Control and Improvement District No. }. Water service shall be discontinued when payment is not received by the Fort Worth Water Department within |O days of the billing data. The contractor shall pay a meter deposit to the Fort Worth Water Department equal to estimated charges for two morths of water use. The Regional Airport Board agrees to withhold construct/on payments to a delinquent contractor until all charges for services rendered by the Fort Worth Water Department have been paid by the contractor, 6. 7eke over date of system by Regional A|rpurt Board, At ,he opt/on of the Regional Airport Board but nut later tha- the date that the airport 6ecomes operational, the water f*c!}/f�es constructed by the City of Fort Worth which are to be administered by the Regional Airport Board shall be taken over and operated by Regional Airport personnel. This shall Dallas -Fort Worth Regional Airport Board Page 3 include the 24-inch water main in Jackson Road from the south side of Highway 183 to the vicinity of Estelle Road and such extension as may be made on Airport property. Prior to that time, metering facilities including flow control and trans- mitting equipment shall be installed on such main and made operational by the City of Fort Worth at the expense of the Regional Airport Board from revenue bond funds. B. Sale of treated water by the City of Fort Worth to the Regional Airport Board after take over of system by the Regional Airport Board' 1. After the Regional Airport Board has taken over the operation of its mains and appurtenances as set forth in 6 above, the City of Fort Worth shall continue to furnish water to the Air- port and the Regional Airport Board shall accept and pay for same in accordance with the policies of the City of Fort Worth as reflected in its existing contracts for the sale of treated water to suburban communities. J. Terms and Conditions. a. The City of Fort Worth agrees to furnish and sell to the Regional Airport Board treated water under the normal operat- ing pressure prevailing in the east side pressure plane of the City of Fort Wurth's water distribution system at the point or points of delivery. The Regional Airport Board agrees to accept delivery of such treated water at said point or points of delivery under the conditions of this agreement and to pay for the same in accordance with the terms hereof. h. If at any time during the term of this agreement the furnishing of water by the City of Fort Worth to the Regional Airport Board shall be to the detriment of water customers within the City of Fort Worth, then and in that event, the quantity of water furnished to the Regional Airport Board will ~ be reduced in the same proportion to the reductions /n quan- tity of water being furnished other customers served by the east side pressure plane either in or out of the City of Fort Worth. C. If the City of Fort Worth shall rat/on the use of water throughout said City or issue water conservation measures or restrict the use of water in any way' the Regional Airport Board, s6a||, at its option, either: /)\ discontinue taking water from, the City of Fort Worth under this agreement during the period of ration- ing, water conservation or restriction by the City of Fort Worth'. or � 0a}(ay~Fmrt Worth Regional Airport Board Page 4 (2) institute and apply the same rationing, conserva- tion measures or restrictions to the use of water by the customers of the Regional Airport Board, so long as any part of the total water supply of the Regional Airport Board is being furnished by the City of Fort Worth. 6. It is agreed that the City of Fort Worth will furnish treated water for construction of the airport and will furnish as much as 3.0 million gallons per day after the Regional Air- port becomes operational and until a treated water supply main to the Regional Airport site is constructed by the City of Dallas. After the water main is completed to the airport site by the City of Dallas, the City of Fort North will furnish ap- proximate )y one-th|rd of the treated water requirements of the Regional Airport site. It is agreed that if the growth of the Regional Airport results in water needs in excess of prmsemt|y projected requirements, the City of Fort Worth will aid in the development and furnish- ing of sufficient water to meet the water demands of the Regional Airport site. ^ Meters. e. All water furnished under this agreement shall be measured by one or more suitable meters equipped with continuous flow char[ -recording devices, rate of flow control devices and transmitting and receiving equipment. The initial meter, re- cording equipment, and rate of flow devices shall be installed and operated by the City of Fort Worth^ with the Regional Air- port Board paying to the City of Fort Worth the cost of the meter, recording and transmitting and receiving equipment, and appurtenances plus the installation and maintenance cost thereof. b. The point of delivery of treated water by the City of Fort Worth shall be the point of connection of the 24-inch main in Jackson Road to the 16-inch main at the south side of Highway 183` and all necessary mains and distribution facilities from and beyond said point shall be furnished, |nsto|!e6, owned, nperatedx and maintained by the customer, the Regional Air- port Board. c. The location of each meter shall be mutually agreed upon by and between the parties hereto, and the meter shall not be moved or relocated except by mutual consent. The location of each meter shall coincide as nearly as is reasonably possible with the Fort Worth city limit line. The meter first em- ployed shall be located as shown on the map attached hereto marked Exhibit //#'' and expressly made a part hereof. d. Each party shall have the right to test the meters and flow controllers at any time^ by first giving the other Dallas -Fort Worth Regional Airport Board Page 5 party notice of its intention to make such a test, No meter shall be adjusted, changed or tested, in place or elsewhere, without giving notice to the other party of this intention to make such a test, and thereafter giving reasonable opportunity to the other party to have representatives participate in such test, change or adjts tment, For these purposes, the meter and control equipment will be properly sealed, and the seal shall not be broken except in the presence of representatives of all parties or following due notice to all parties. e. The Regional Airport Board or the City of Fort Worth at its own expense may install a check meter to check measure the volume of water passing through the master meter, provided that if such check meter is installed the same rules and regulations relative to its operation, mainte- nance, and reading shall apply as to meter being tested. 4. Meter Reading and Billing. a. The City of Fort Worth will read all meters provided for herein at monthly intervals and the parties to this agree- ment shall have free access to read these respective meters daily, if either party so desires, It shall be the duty of the parties to give immediate notice, each tb the other shodfld any meter be found not functioning, and upon such notice repairs to such meter shall be made promptly, When- ever it is evident that a meter has not registered accurate- ly for a period of time, the quantity used shall be estimated in Accordance with the usage under similar conditions for an equal period, b: The meter readings and rates of flow shall be added to- gether when more than one meter is in service and the sum thereof shall be used for the purpose of caltulatIng charges for water used, c A review of water usage amounts by the customer for the past ve (12) months shall be made during the preparation o the September bill each year. The September statement shall be prepared so as to reflect any and ail rates of use es which have not been previously billed and paid, A copy of the rate of flow charts or other records showing the maxi m day and the peak hour of the year shall be furnished to the customer with the September bi l l i ng. d. The Regional Airport Board agrees to ape riate annually sufficient funds to pay the monthly charge for water service, as required by this contract. The water charge to be paid by the Regional Airport Board to the City of Port Worth shall be deemed a current expense of the Regional Airport Board for each year of this contract as such monthly charges become due and oa able, Da||8s-Fort Worth Regional Airport Board Page A e. The monthly 6i|| shall be due and payable at the office of the Fort Worth Water Department on or before the 15th day im- mediately succeeding the monthly billing date. OeF|n|tion�. "Annual consumpt|on^ is the total quantity of water pur- chased under the terms of this contract by the Regional Airport Board during the fiscal year of the City of Fort Worth as determined by the difference in the annual September meter readings. ]6F. ''Average daily use" is the annual consumption divided by ''Maximum day usage" is the maximum quantity of water used during one calendar day of the Fiscal year of the City of Fort Worth. /1i.G.D.// is million gallons per day. "G.p.D.o is gal Ions per day. /^[.G.P.U.n is thousand gallons per day. ''Fiscal Year'' is the fiscal year of the City of Fort Worth from October ) to September 30. ''Maximum hour rate" or the ''peak hour rate'' is the quantity of water used during the one hour of the year when more water passed through the meter or meters serving the customer than during any other hour of the fiscal year of the City of Fort Worth multiplied by 24. "Commodity charge" /s that part of the rate charged per 1,000 gallons used, regardless of rate of use. The commodity charge shall include the maintenance and operation cost, the capital facilities cost on the part of the production and trans- mission system related to annual use and the raw water costs. "Raw water charge" is a part of the commodity charge and represents the rate per 1,000 ga77ons charged by the Tarrant County Water Control and Improvement District No. 7 to the City of Fort Worth for raw water to be sold to the Regional Airport Board plus 16% of said rate representing Fort Worth water system losses. "Rate of use charge/ is the fixed charge determined for the, maximum day and the maximum hour rates of use. ^ Dallas -Fort Worth Regional Airport Board Page 7 "Base rate'' is composed of the commodity charge/ and the rate of use charge. 6. Rotes, a. Method of Rate Determination, The annual rate charged by the City of Fort Worth for rendering water service under the terms of this contract shall be based upon the functional distribution of the total annual cost incurred in furnishing treated water to its customers, provided that nothing herein shall be construed as contemplating an annual rate of less than the regular City of Fort Worth water only rate, plus |O percent of said rate. b. Rates to be used, The annual rate to be charged For water shall include the proper proportionate parts of the maintenance and operation cost as related to the production and transmission facilities of the total Fort Worth Water System, the capital facilities cost (fixed charges) on the production and transmission plant related to the rendition of service at maximum withdrawal rates of use by the Regional Airport Board and the raw water costs. The charges of the initial period of the contract which shall terminate September 30, 1972, have been computed to be as follows: (l) The commodity charge shall be 14.4 cents per 1,000 gallons withdrawn by the customer, (2) The annual rates of use charges for maximum day usage shall be $15,810.00 per MC.D. and maximum hour rate of usage in excess of the maximum day shall be $7`070.00 per M.G.D. (3) The service charge shall be $25.00 per month per meter. c. Adjustment of Rate. (l) Raw Water The amount charged for raw water shall be increased or decreased proportionately when the raw water cost paid by the City of Fort Worth for water available for treatment and sale to the Regional Airport Board is increased or de- creased. At the time of execution of this contract, the ,ate. including 76 percent for system |ooses, to the Regional Airport Board is 1.2 cents per 1,000 gal)ons. The portion of the raw water charge which reflects"system losses shall be adjusted in the manner set out in sub para- graph (2) below in accordance with actual experience dur- ing the preceding per|od. If the Regional Airport Board enters the Tarrant County Water Control and |morovement District ['_ l ~nd the raw water rate t1len be(ng paid by the City of Fort Worth to the District for water furnished under this contract is reduced as a result thereof, the row water rate then.being paid by the Regional Airport Board to the City of Fort Worth Dallas -Fort Worth Regional Airport Board Page 0 hereunder shall be reduced in the same proportion. (2) Commodity charge and rates of use charges. The rate shall be reviewed and adjusted every five years except that the first such review shall be based on the annual cost of operation for the fiscal years 1970-71 and 1971-72. The cost related to the production and transmission function of distribut- ing treated water to the Fort Worth city limits in wholesale quantities plus m service charge shall be de- termined in accordance with methods herein. Such costs shall be projected through the City of Port Worth fiscal year 1975 to establish the fair rate for water to be charged during the period October |' 1972. to September 30, 1977. The adjusted rate shall be made effective October |. 1972. A similar review and rate adjustment shall be made for each succeeding five-year period for the term of the contract. 7' payment for Water Payment of charges to the City of Fort Worth For water used by the Regional Airport Board shall be made as follows: s. Minimum Annual Payment During the period when the Regional Airport /s being fur- nished its total water supply from the Fort Worth system, the Regional Airport Board agrees to pay the City of Fort Worth the annual rate of use charge based on a withdrawal rate of 0.93 MCD from the Fort Worth water system, the commodity charges for the quantity of water used and the meter charges. The minimum annual charge is subject to ~ negotiation after the City of Dallas water main has been placed in service to the Regional Airport. Min/mum annual charges may then be reviewed and adjusted based on actual rather than estimated water requirements of the Regional Airport system and based on the Airport utilizing the Fort Worth water system for approximately one-third of its water requirements and utilizing the City of Dallas water syst.4n for approximately two-thirds of its water requirements. It is agreed that the minimum annual payment to the City of Fort Worth For the rate of use charges shall not be less than the amortization cost of the facilities constructed hereunder or under any amendments hereto at the expense of the City of Fort Worth for the exclusive use of the Regional Airport. b. Max/mum Rate of Delivery The rate at which water is withdrawn from the City of Fort Worth system by the Regional Airport Board Shall be regulated by a rate of f7me cuntrmiYor, pumps or other approved mmt6ods. The rate of withdrawal shall be controlled So that the maximum rate shall not exceed 1.35 times the ^ "maximum day rate" of withdrawal experienced during the previous year unless the Regional Airport Board has notified the Director of the Fort Worth Water Department in writing Dallas-Fo Airport Page 9 Worth Regional oa rd at least six months prior to the date of the anticipated increase in maximum rate of withdrawal and has furnished all pertinent information regarding the proposed increase to the Director of the Fort Worth Water Department and said Director has given his written approval thereof, except that the said Director may waive all notice require- ments, if, in his opinion, said notice is not necessary to protect the interest of the City of Fort Worth. c. Minimum Monthly Charge. For the first five-year period of the contract the mini- mum monthly charge shall be $1,237.10 for which payment the Regional Airport Board shall be entitled to withdraw at the rate of 0.92 M.G.D. If the Regional Airport Board is requested by the City of Fort Worth to restrict withdrawal of water in accordance with the terms of this agreement so that the quantity with- drawn per month by the Regional Airport Board is less than the quantities shown herein for the minimum monthly charge, the minimum charge shall be reduced to the correct charge computed in accordance with the terms of this agreement for the actual quantity withdrawn. d. Monthly Payment The monthly payment shall include the minimum charge plus the commodity charge multiplied by the quantity of water withdrawn from the Fort Worth system during the month. Such payment shall not be less than the charge calculated at the Fort Worth Water Rate plus 10 per cent plus the added raw water cost for water sold outside the boundaries of the Tarrant County Water Control and Improvement District No. 1 plus $25.00 monthly service charge per master meter. e: Annual Payment The actual total annual payment for water by the Regional Airport Board shall be related to the annual and peak volumes used by the customer during the fiscal year as determined by meters, flow recording devices or other approved methods. The September bill shall reflect any necessary adjustment in the annual payment due to the actual rates of withdrawal from the Fort Worth system. If the initial period of use of water by the Regional Airport Board under the terms of this agreement is less than a fiscal year, the annual rates of use charges shall be re- duced in the proportion that the period of use bears to the fiscal year The method of computation for determining the total an- nual payment and the September bill is shown using the assumed quantities in the two examples as follows: ° Da|/aS-Fort Worth Regional Airport Board Page |O EXAMPLE NO. Maximum Day 0.92 Million Gallons Maximum Hour 0.93 Million Gallons Per Day Rate Annual Use 267.00 Million Gallons (Usage per month estimated in Table 8-1, Water Supply and Sewage Dis- posal Report of T|ppetts-Abbett-McCarthy-Stratton, dated Sepbember |, |967') Usage Per Month Month, M.G. October November December January February March April May June July August Subtotal September TOTAL Minimum Commodity Monthly Charge Charge Payments 23.0 1,237.10 $ 3,168.DO $ 4,405.10 20.0 1,337. }O 2,880.08 4,117.10 20.6 1,237'10 2,966.40 4,303'50 20.7 7,237,10 2,980.80 4,217.90 18.7 1,237.10 2,692.80 3,929.90 20.7 |,237.10 2,980.80 4,277.90 20.0 7,237.10 2,880.00 4,117.10 27.0 1,237.10 3,024.OD 4,26}.lO 21.7 7,237.10 3,124.8o 4,361.90 28.3 1,237.10 4,075,20 5,312.30 28.3 4,075.20 5,312.30 242.0 �l� $34,849.OD $48,456.10 25.0 1,237^ lO 34600.09 4^M |O Annual Payment Calculations: 267,000 x $0.144 = 0.92 x $75,810.00 = 13 x $25,00 � Total Annual Payment Previous payments/ October through August September Billing Dallas -Fort Worth Re Airport Board Page 11 oval EXAMPLE N0, Maximum Day 1,00 Million Gallons Maximum Hour 1,25 Million Gallons Per Day Rate Annual Usage 267.00 Million Gallons (Usage per month estimated in Table B-I, Water Supply and Sewage Dis- posal Report of Tippetts-Abbett-McCarthy-Stratton, dated September 1, 1967.) Usage Per Minimum Commodity Monthly Month Month, M.G. Charge Charge Payments October 22.0 $ 1,237.10 $ 3,168.00 $ 4,405.10 November 20.0 1,237.10 2,880.00 4,117.10 December 20.6 1,237.10 2,966.40 4,203.50 January 20.7 1,237.10 2,980.80 4,217.90 February 18.7 1,237.10 2,692.80 3,929.90 March 20.7 1,237,10 2,980.80 4,217.90 April 20.0 1,237.10 2,880.00 4,117.10 May 21.0 1,237.10 3,024.00 4,261.10 June 21.7 1,237.10 3,124.80 4,361.90 July 28.3 1,237.10 4,075.20 5,312.30 August 28.3 1,237.10 4,075.20 5,312.30 Subtotal 242.0 $13,608.10 $34,848.00 $48,456.10 September 25.0 4,269.40 3,600,00 7,869.40 TOTAL 267.0 $17,877.50 $38,448.00 $56,325.50 Annual Payment Calculation: 267,000 x 0.144 1.00 x $15,810,00 (1,25 - 1.00) x $7,070.00 12 x $25.00 Total Annual Payment Previous payments, October through August September Billing $38,488.00 15,810,00 1,767.50 300.00 $56,325.50 48,456,1© $ 7,869.40 A, Dallas -Fort Worth Regional Airport Board Page |2 �. 'Effective Datc of Contract for BiY|inq It will be necessary for the City of Fort Worth to con- struct a water transmission main approximately to its corpo- rate limits and to construct m meter installation to serve the ,lRegiona| Airport Board. The effective date of this contract for billing pur- poses shall be the fifteenth (15th) day of the month in which the transmission main and the meter installation are placed in service by the City of For{ Worth, The billing for the first month will be prorated according to the number of days of actual service included in said 6i|||ng, q.Reqional Airport Premises May Become Part of the Tarrant County Water Control and Improvement District Number One. The Regional Airport Board has not determined that the Regional Airport premises are to be a part of the Tarrant County Water Control and Improvement District No / at this time, but these premises are in no way pre- cluded by this contract from becoming a part of the District at any time in the future, It is understood and agreed that this contract is made subject to the terms of the Cedar Creek project contract be- tween Tarrant County Water Control and Improvement District No^ | and the City of Fort Worth as it now exists or may hereafter be amended. If the Tarrant County Water Control and Improvement District No' | is required to levy ad valorem taxes to support its Cedar Creek project or other additional raw water supplies, the Regional Airport Board shall pay to the City of Fort Worth for water purchased from the City of ^ Fort Worth an additional raw water charge on such basis as the Tarrant County Water Control and Improvement District No. l and the City of Fort Worth shall determine to he ratable, con- sidering the proportion of raw water sold by the Tarrant County Water Control and Improvement District No. | for use outside the boundaries of said district and for use inside such bound- aries. The additional raw water charge for water purchased hereun6er during the calendar year shall be reflected on the December bill from the City of Fort Worth to the Regional Air- port Board and shall be paid with the December bill. The City of Fort Worth agrees to transmit such additional raw water payment to the Tarrant County Water Control and Im- provement District No. Y. 10. | The water system administered by the Regional Airport Board shall be maintained and operated so as to be approved by the Texas State Department of Health during the ||Fe of this contract. * Dallas -Fort Worth Regional Airport Board Page 13 11 Resale of Water. The Regional Airport Board does hereby covenant and agree not to sell water to any user located within its boundaries at a rate lower than the equivalent Fort Worth rate charged a similar customer located within the City of Fort Worth. The Regional Airport Board agrees to furnish the City of Fort Worth Water Department a complete rate schedule for all Regional Airport Board water sales. The Regional Airport Board will not make any extension of water lines beyond the boundaries of the Regional Air- port premises as its boundaries now exist or may hereafter exist, nor permit any connections for water outside its boundaries, without the approval of the City of Fort Worth. In the event the City of Fort Worth agrees to any other extension by the Regional Airport Board of its water service outside its boundaries, the rates to be charged its customers by the Regional Airport Board and the com- pensation to be paid by it to the City of Fort Worth shall be determined and fixed at the time such action is taken, 1 Emergency Rates of Use. During a temporary emergency condition created by an unforeseeable mechanical failure or by unprecedented high rate of water usage such as might result from a major fire or a major break, it may be necessary the water be withdrawn from the Fort Worth system at a rate of usage in excess of that re- quired to meet the usual peak requirements of the Regional Airport Board;. It is agreed that extra rate of use charges that would normally be applicable shall not apply for such emergency withdrawals. However, the commodity charge for such water shall be payable, It is further agreed that if Fort Worth experiences such lar temporary emergency water supply conditions, water may be released to Fort Worth from the system administered by the Regional Airport Board upon request by the Director of the Fort Worth Water Department. The quantity of water used by Fort Worth during such enerjersey conditions shall be deducted from the quantity of water withdrawn from the Fort Worth system during the month by the Regional Airport Board before computing the monthly payment by the Regional Airport Board. C Forc, Majeure if by reason of force majeure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreement other than the obligation of the Regional Airport Board to make payments required under the terms hereof, then if such party shall give notice and full particulars of such force majeure in ^ n Um||as-Fort WorU, Regional Airport Board Page 14 writing to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force ma'nure' shall be suspended during the continuance of the inability then c|a/med, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term ''force ma'euren' as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any civil or military authority, Ynsurrect|on.'r|ots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods. washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipe lines or canals, partial or entire failure of water supply' and inability on the pert of the City of Fort Worth to deliver water hereunder or the Regional Airport Hoard to receive water hereunder on account of any other causes not reasonably within the control of the party claiming such inability, D. Life of Agreement The life of this agreement shall be thirty (30) years from the date of execution hereof unless sooner terminated by parties hereto. In the event that the Regional Airport Board desires to terminate this contract It shall pay to the City of Fort Worth the unamort|zeJ portion of any cost of any facilities which have been constructed hereunder or under any amendments hereto solely for the supplying of water to the Airport. unless It is determined that said facilities can be utilized by the City of Fort Worth for sale of water to its own residents or those in suburban communities. The part|es, by their mutual consent, may amend or renew this contract. Dallas -Fort Worth Regional Airport Page 15 oard IN TESTIMONY WHEREOF after proper action by the respective governing bodies for the parties hereto, we have caused these presents to be executed in triplicate copies, each of which is considered to be an original, and the seals of the respective parties to be hereto affixed on the date above written. ATTEST: APPROVED AS TO FORM AND LEGALITY City Attorney APPROVAL RECOMMENDED: etor, ATTEST: APPROVED AS TO FORM: ATTEST,. Department CITY OF FORT '` RTH CITY OF DALLAS By City Manager DALLAS-FORT WORTH REGIONAL AIRPORT BOARD Py ,11 Executl e Director