HomeMy WebLinkAboutContract 33502 - , CITY SECRETARY �
CONTRACT NO. lam'
MEMORANDUM OF UNDERSTANDING
Meetings held between September 11, 2003 and February 23, 2006, at the request of the City of
Fort Worth Water Department to discuss sanitary sewerage service requirements of the Benbrook
Water Authority(BWA) and the City of Fort Worth (Fort Worth) in the vicinity of Walnut
Creek, specifically the extension of Fort Worth's sewer transmission main to the west to serve
future land development in that area.
In attendance at these meetings were David Gattis for the City of Benbrook (Benbrook); David
Wasson and Bart Hines for the Benbrook Water Authority; Frank Crumb, Doo Kim, and David
Townsend for the Fort Worth Water Department; Henry Peek, Brad Bowen, and Tom Eudaly for
BBT Crossing Ltd. (BBT), a Benbrook developer; Chas Fitzgerald, Aaron Richards, and Greg
Gitcho for Wilbow-Skyline Development Corporation (Wilbow), a Fort Worth developer; and
Thad Brundrett, Richard Payne, and Bill Boehm for Carter& Burgess.
The following tenants reiterate and clarify the various discussions held and certify commitment
on the part of each participant to those tenants for which he is responsible.
I. Since this sewer line will benefit Benbrook, BWA, BBT, and Wilbow in addition to Fort
Worth, each will participate in the cost of construction of the line as follows (as shown on
Exhibit A):
1. Fort Worth will build the line at its sole expense from its existing 30 inch sewer
transmission main just north of Mary's Creek westward to the Fort Worth/ Benbrook
City limits just east of U.S. Hwy 377. This portion of the line will generally follow the
alignment of Walnut Creek.
2. Benbrook will fund the entire cost to construct the sewer main from the Fort Worth/
Benbrook City limits just east of U.S. Hwy 377 westward to a point in the west right-of-
way of Interstate 20 (I-20). This portion of line will generally follow the alignment of the
Union Pacific railroad. Funding for this participation may be provided by a City of
Benbrook Tax Increment Finance(T.I.F.) plan.
3. Fort Worth will extend the line westward generally following the Walnut Creek
alignment from the west right-of-way of I-20 to its eventual terminus. The Fort Worth
contribution will be all costs exceeding the aggregate participation of other contributors.
4. BBT will participate by funding its share of the line from within the west right-of-way
of I-20 westward along the Walnut Creek alignment to a point(approximately Station
23+76)where connection for sewer meter station is made in the amount of$150,000. In
addition, BBT will provide the required easements (by dedication or instrument) to Fort
Worth for the sewer collector main within its property at no cost to Fort Worth. BBT is
also responsible for the construction of the wholesale customer meter station at its sole
cost and expense.
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Fort Worth,Wilbow,BBT, BWA
3/23/2006 ?'' •' �''1 ��
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1 -06 P03 : 16 IN
5. Wilbow will participate by funding its share of the line from the connection point
(approximately Station 23+76) of the Benbrook (BBT Development)meter station to the
westernmost edge of its development just east of FM Hwy 2871 in the amount of
$265,000. In addition,Wilbow will provide required easements (by dedication or
instrument) to the Fort Worth for the sewer collector main within their property at no cost
to Fort Worth.
Fort Worth agrees to allow Wilbow an interim alternate sewer service arrangement utilizing
temporary pumping and transportation to an approved disposal site acceptable to the Texas
Commission Environmental Quality(TCEQ)until completion of the Walnut Creek approach
sewer.
All sewer lines lying in the route designated for the Fort Worth sewer collector main is built to
the size required for the sewer collector main. Fort Worth will contribute to the cost of this main
as hereinbefore described through an Enhanced Community Facilities Agreement (ECFA)with
provision that funding by Fort Worth for its portion will occur monthly on a pro rata basis
consistent with the percent complete during construction and the terms of the ECFA.
The obligations of each party above will pass on to that party's successors or assigns.
(Remainder of Page Intentionally Left Blank)
MOU
Fort Worth,Wilbow,BBT,BWA
3/23/2006
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In witness whereof, the following parties have agreed that the tenants in this memorandum of
understanding shall be used in any subsequent binding agreement.
Wilbow-Skyline Development Corporation: BBT Crossing Ltd.,by BBT Crossing GP,
Corporation, its General Partner:
By: By:
Chas Fitzer d Bradf d H. Bowen
Presiden President
Date: 4ild"t Date: l; O
City of Fort Worth: Recommended:
By: By:
Marc A. Ott S. Fr Crumb
Assistant City Manager Water Department, Director
Date: �� O �`' Date:
nMarty endrin:
City Secretary
contract Authorizatiox
Date
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Fort Worth,Wilbow, BBT,BWA
312312006
3 ofj
Approved as to Form:
By: eIt
Amy RaiXOey
Assistant City Attorney
Date:
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Fort Worth, Wilbow, BBT, BWA - -
3/22.006
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/2/2006
DATE: Tuesday, May 02, 2006
LOG NAME: 60WALNUT CREEK REFERENCE NO.: C-21433
SUBJECT:
Authorize Execution of a Memorandum of Understanding between the City of Fort Worth, Wilbow-
Skyline Development Corporation, and BBT Crossing Ltd. Regarding the Extension of Fort Worth's
Sewer Transmission Main in the Vicinity of Walnut Creek to Serve Future Land Development in the
Area
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the attached Memorandum
of Understanding between the City of Fort Worth, Wilbow-Skyline Development Corporation, and BBT
Crossing Ltd. regarding the extension of Fort Worth's sewer transmission main in the vicinity of Walnut
Creek to serve future land development in the area.
DISCUSSION:
Since this line will benefit both BBT Crossing Ltd. and Wilbow-Skyline Development Corporation in addition
to the City of Fort Worth, each will participate in the cost of construction as follows. BBT will participate by
funding its pro rata share of the sewer line from within the west right-of-way of 1-20 westward along the
Walnut Creek alignment to a point (approximately Station 23+76) where connection for sewer meter station
is made in the amount of $150,000. In addition, BBT will provide required easements (by dedication or
instrument) to the City for the sewer collector main within their property at no cost to the City. BBT is also
responsible for the construction of the wholesale customer meter station. Wilbow will participate by funding
its pro rata share of the line from the connection point (approximately Station 23+76) of the Benbrook (BBT
Crossing Development) Meter Station to the westernmost edge of its development just east of FM Hwy
2871 in the amount of $265,000 demand of Wilbow's development. In addition, Wilbow will provide
required easements (by dedication or instrument) to the City for the sewer collector main within their
property at no cost to the City.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this Memorandum of Understanding will have no material effect on City
funds at this time.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b Marc Ott (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Carrie McBeth (7585)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/16/2006