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HomeMy WebLinkAboutContract 47580 CITY SEcRermy,, CONTRACT 1@0. L-Igyd STATE OF TEXAS § COUNTIES OF TARRANT § DENTON, PARKER AND WISE § INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Parker Johnson and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and the City of Keller, also a home-rule municipal corporation situated in Tarrant County,hereinafter called"Keller",acting herein by and through Mark Hafner,its City Manager. Fort Worth and Keller are collectively referred to herein as the"Parties". WITNESSETH : WHEREAS,this Agreement is made under the authority of Sections 791.001 - 791.029, Texas Government Code; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS,Fort Worth and Keller have previously agreed to allow Keller to serve areas shown in Exhibit A, referred to as Deerfield residential area, located in Fort Worth's extraterritorial jurisdiction with water and wastewater service; and WHEREAS, Fort Worth and Keller entered into Fort Worth City Secretary Contract No. 28391 to allow Keller to serve certain portions within the Deerfield Residential area also shown in Exhibit A; and WHEREAS, Fort Worth annexed the Deerfield Residential area on or about August 14, 2014; and WHEREAS,Keller and Fort Worth both wish to continuing serving and be served by each other under modified terms and conditions contained herein. NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed,the Parties hereto agree as follows: OFFICIAL RECORD GEIVED CITY SECRETARY MAR -8 2016 `'1T'OF FORT VIORV CITYSECRETARY T 1. Continuance of Service and Billing. A. Both parties agree that Keller shall continue to serve and bill the Deerfield residential area pursuant to Fort Worth City Secretary Contract No. 28391 until such time as Fort Worth completes construction of the necessary water and sewer facilities to serve the Deerfield residential area as well as the All Storage property shown in Exhibit A. B. Both parties agree that upon completion of the necessary facilities to serve the Deerfield residential area, except as provided for in subsection C below, Fort Worth shall begin to serve, maintain and bill the area with water and wastewater service. C. Notwithstanding the subsection B, both parties agree that Keller shall continue to provide wastewater service to Rancho Drive, Red Tail Court, Pintail Court, Rock Dove Circle and the All Storage facility which drains into Keller's sewer main on 377 as shown on Exhibit A. Although Keller shall provide such service, Fort Worth shall maintain the sewer main once the construction of the facilities referenced in subsection A are complete and shall bill the customers on these streets directly at Fort Worth's retail rates. i. As compensation for Keller's wastewater service to Rancho Drive,Red Tail Court,Pintail Court and Rock Dove Circle, Fort Worth shall provide Keller with a water meter reading of the water usage from these streets and shall pay Keller based on the winter quarter average using Keller's volume rate. Fort Worth shall not pay a monthly service charge as consideration for maintaining the sewer main. ii. As compensation for Keller's wastewater service to the All Storage facility Fort Worth shall provide Keller with a water meter reading for this location and shall pay Keller based on the monthly usage based on Keller's commercial volume rate. Fort Worth shall not pay a monthly service charge as consideration for maintaining the sewer main. 2. Effect of Fort Worth City Secretary Contract No. 28391 Both Parties agree that the terms and condition contain herein shall amend and shall prevail over Fort Worth City Secretary Contract No. 28391. 3. Service to Fort Worth Customer's West of HiLyhway 377 A. Keller shall continue to provide water service (pursuant to Section 22.3 of the Agreement for the Sale of Water Service between Fort Worth and Keller) and sewer service to the commercial customer's within Fort Worth's incorporated city limits and Keller's Certificate of Convenience and Necessity(CCN) located west of Highway 377 and east of the railroad tracts as shown on Exhibit B. Keller directly shall bill the customers located in this area at Keller's commercial rates and charges. Deerfield Interlocal Agreement Page 2 of 7 B. Nothing in this Agreement shall amend, diminish or alter the Fort Worth's Certificate of Convenience and Necessity No. 12311 Both parties agree that provision of water service to this area within Fort Worth's CCN shall be valid pursuant to Section 13.248 of the Texas Water Code regarding contracts designating areas to be served by retail public utilities. 4. Service to Fort Worth Customer's at 12061 Katy Road A. Keller agrees to provide commercial wastewater service to 12061 Katy Road as shown on Exhibit C, which is within Fort Worth's jurisdiction, until Fort Worth obtains a frontage sewer main to allow for a direct connection into the Fort Worth sewer system. B. Keller shall bill the customer at 12061 Katy Road directly at Keller's commercial sewer rate and service charges. To make such billing, Fort Worth shall provide Keller a monthly reading of the water meter. 5. Effective Date and Termination This Agreement shall become effective upon the full and complete execution of this Agreement by the parties. This Agreement shall continue in full force and effect unless modified or terminated by either party. Either party may terminate this Agreement upon 60 days advance written notice to the other party. 6. No Third-Party Beneficiaries This Agreement shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not be considered a third party beneficiary of this Agreement, save and except as otherwise provided for in Section 8 below. 7. Entirety This Agreement and all attachments incorporated herein by reference constitute the entire Agreement by the Parties and any prior or contemporaneous oral or written agreements shall be replaced or superseded by this Agreement. 8. Severability In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. Deerfield Interlocal Agreement Page 3 of 7 9. Venue This Agreement shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 10. Authorization The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have the necessary Keller power or authority(?)to execute this Agreement on behalf of the Parties hereto,and each party hereby certifies to the other that any necessary actions extending such Keller power or authority (?)have been duly passed and are now in full force and effect. 11. Notices Any notices (unless otherwise specified herein), bills, invoices or reports required by this Agreement shall be sufficient if sent by the Parties in the United States mail, postage paid, to the address noted below: If to Fort Worth: Water Department Director City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Fort Worth Manager's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Copy to: Fort Worth Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Keller: Public Works Department City of Keller P.O. Box 770 Keller, Texas 76224 Deerfield Interlocal Agreement Page 4 of 7 12. Governmental Powers By execution of this Agreement neither Fort Worth nor Keller waives or surrenders any of its respective governmental powers, immunities, or rights, except as specifically waived pursuant to this section. Fort Worth and Keller expressly recognizes that Keller may seek to enforce this agreement by injunction or declaratory judgment and all other remedies that may exist at law or in equity. EXECUTED in triplicate in, on or about - C in Tarrant County, Texas. FORT WORTH KELLER Jesus J. Chapa Mar H fhn r ASSISTANT CITY MANAGER CITY MANAGYR DATE: 3l� DATE: 32 RECOMMENDED BY: Johi�Carman WATER DEPARTMENT DIRECTOR APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY AND LEG TY Chris a R. Lopez- eynolds L. St Low"/u SR. ASSISTANT CITY ATTORNEY City Attorney © `o ATTEST ary kaysr FORT WO ECRETARY Y'EXe Deerfield Interlocal Agreement Page 5 of 7 OFFICIAL RECOR® CITY SECRETARY FT.WORTH,TX EXHIBIT A Deerfield Residential area r' \ 1 i f s PINTAIL .'- ._° - ,• ,� �a' f 5 �� ,;� 3�s` .M,� �Q'�.• ,� is Rancho Drive, Red Tail Court, Pintail Court and Rock Dove Circle AV- f o 0 i+ 4 . ' s �• u v � 1. we Prairie Court,Wagon Court,Indian Court, Bison Court and Corral Drive Deerfield Interlocal Agreement Page 6 of 7 EXHIBIT B Commercial Customers West Highway 377 - .-1 SCS �•'3- :L .1 i I `-I. �' � _ . ` uerz d 'ti,� Ic dI�, 'AN it, s x7111 — it ,� 45 Of- it H � i Y t -t,•I- I z � a -r I �. r EXHIBIT C Customers at 12061 Katy Road - - AN � r j __ 1 rr- - - - r I t, x; •• I OOO�Oe'Ee N _� \ 76 x!4.4 P_ I ei I '_� ,• p(f �} - HENHOUSE Deerfield Interlocal Agreement Page 7 of 7