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HomeMy WebLinkAboutOrdinance 6209 ORDINANCE NO. 6209 AN ORDINANCE APPROVING THE FORM AND SUBSTANCE OF A CONTRACT BETWEEN THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD AND THE TRINITY RIVER AUTHORITY OF TEXAS; PRESCRIBING THE FORM OF SAID CONTRACT; ORDAINING OMER PROVISIONS RELATING TO TEff SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF PASSAGE WHEREAS, the Board of Directors of the Dallas-Fort Worth Regional Airport deems it advisable and in the best interest of the Dallas-Fort Worth Regional Airport to enter into a contract with the Trinity River Authority of Texas for sewage disposal services; and WHEREAS, Article 7621g, Vernon's Texas Civil Statutes, 1925, as mended, requires that the contemplated contract be approved, by ordinance, by this City Council; NOv, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That a contract in form and substance as attached hereto and made a part hereof is in all things approved. SECTION 2. That execution of said contract on behalf of the Dallas-Fort Worth Regional Airport Board by its Chairman and Secretary is hereby authorized and approved. SECTION 3. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so enacted. APPROVED AS TO FORM AND LEGALITY: 5 �_o ,f�/ Oki City Attorney o e ity of Fort Worth THE STATE OF TEXAS COUNTY OF DALLAS THIS CONTRACT (hereinafter called the t1Contract") made and entered into as of the 15th day of December, 1969, by and between Trinity River Authority of Texas, an agency of the State of Texas and a water conservation district, created by Chapter 518, Acts of the Regular Session of the 54th Legislature, pursuant to Article XVI, Section 59 of the Constitution of Texas (hereinafter called "Authority") , and the Dallas-Fort Worth Regional Airport Board (hereinafter called "Board") , acting under the laws of the State of Texas, including Chapter 97, Acts of the 60th Legislature, Regular Session, as amended; W I T N E S S E T H : WHEREAS, the Board is in need of services for the transportation, treatment and disposal of sanitary sewage, indus- trial waste and other wastes; and WHEREAS, Authority can provide such services; THEREFORE, in consideration of the mutual covenants and agreements herein contained, Authority agrees to provide and the Board agrees to pay for transportation, treatment and disposal of sewage upon terms and conditions and for the consideration hereinafter set forth, to-wit: Section 1. Definitions. Terms and expressions as used in this Contract, unless the context shows clearly otherwise, have meanings as follows : "Authority's System" means the facilities for col- lecting, pumping, treating and disposing of "Sewage" (as defined in this Section) which Authority is obligated to receive under the terms of this Contract. (1) "B.O.D." (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200 C. , expressed in parts per million by weight. "Engineering Report" means a report of Forrest and Cot'Lon, Inc. , Consulting Engineers, entitled "Supplemental Report on Proposed Bear Creek Interceptor Sewer to Trinity River Authority of Texas Branch Outfall Trunk Sewer" dated September 25, 1969. "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce. "Grease" means fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and other non-fatty materials. "Industrial Waste" means the liquid wastes from industrial processes, as distinct from Sanitary Sewage. "Infiltration" means the water which leaks into a sewer through defective joints, breaks in pipes, or porous walls. "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Point of Entry" means point of entry designated in the Engineering Report. "Properly Shredded Garbage" means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension. "Sanitary Sewage" means Sewage discharged from sanitary conveniences. "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments , together with such infiltration water as may be present. I (2) P "Sewage Treatment Plant" being a part of Authority's System, means any arrangement of devices and structures used for treating Sewage. "Suspended Solids" means solids that either float on the surface or are in suspension in water, Sewage, or other liquids, and which are removable by laboratory filtering. Section 2. Construction of Facilities by Authority. (a) Authority will design, construct, own, maintain and operate a sewage interceptor (hereinafter called "Interceptor") to be designed, constructed and located in accordance with Phase II of the Engineering Report. (b) Authority shall give the Board not less than thirty (30) days written notice of the date on which the Board will be authorized to release Sewage into the Interceptor. Section 3. Financing. Authority will pay for the cost of construction of the Interceptor, and will issue its revenue bonds (herein called "Bonds") , in one or more series or issues, in an amount sufficient to finance all or a part of the cost of construction of the Interceptor. Section 4. Discharge of Sewage. (a) The Board shall have the right to utilize, at any given time, surplus capacity of the Cities of Grand Prairie and Irving, Texas, in Authority's Sys- tem, as such surplus capacity is determined by Authority, and the Authority shall be obligated to receive sewage from the Board in accordance with the terms hereof. Such surplus capacity is defined as the difference between that which is used by the Cities of Grand Prairie and Irving to serve the needs of their service areas, both inside and outside their City limits, and the 20.85 M.G.D. average flow which the Cities of Grand Prairie and Irving are entitled to have treated by the Authority. The present surplus capacity of Grand Prairie and Irving is 10 M.G.D. (3) In consideration of the payments to be made by the Board under this Contract, the Board is entitled to discharge into the Interceptor during any Fiscal Year of Authority while this Contract is effective a total quantity of 1,423,500,000 gallons, at the Point of Entry. The maximum rate at which Sewage is discharged by the Board at the Point of Entry shall not exceed a rate which, if continued for a period of twenty-four (24) hours, would equal 8,350,000 gallons, (b) It shall be the sole responsibility of the Board, including any liability incurred in connection therewith, to convey such Sewage to the Point of Entry. (c) Authority will construct a metering station and install appropriate metering equipment at a point designated in the Engineering Report for the purpose of metering sewage discharged into the Interceptor by the Board. Authority shall have complete control of the operation and maintenance of such metering station and equipment. The Board shall have access to such metering equipment at all reasonable times for inspection and examination, but the reading, calibration, and adjustment thereof shall be done only by employees or agents of Authority in the presence of a representative of the Board if requested by the Board. All readings of meters will be entered upon proper books of record maintained by the Authority. Upon written request the Board may have access to said record books during reasonable business hours. (d) Not more than three times in each year of operation, Authority shall calibrate its meters if requested in (4) Writing by the Board to do._'so, in the presence of a representa-. tive of the Board, and the parties shall jointly observe any adjustments which are made to the meters in case any adjustment is found to be necessary. (e) If, for any reason, any meters are out of service or out of repair, or if, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five (5%) per cent, registration thereof shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertain- able, then for a period extending back one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. (f) The Board may, at its option and its own expense, install and operate a check meter to check each meter installed by Authority, but the measurement for the purpose of this agreement shall be solely by Authority's meters, except in the cases hereinbelow in this Section specifically provided to the contrary. All such check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of Authority, but the read- ing, calibration and adjustment thereof shall be made only by the Board, except during any period when a check meter may be used under specific written consent by Authority for measuring the amount of Sewage delivered into the Interceptor, in which case the reading, calibration and adjustment thereof shall be made by Authority with like effect as if such check meter or meters had been furnished or installed by Authority. (g) The unit of measurement for Sewage delivered hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure. Section 5. Quality. (a) The obligation of Authority to receive into Authority's System such Sewage depends upon (5) compliance by the Board with the provisions of this Section. In order to permit the Authority to properly treat and dispose of the Board's Sewage; to protect the public health; and to permit cooperation with other agencies which have re- quirements for the protection of the physical, chemical and bacteriological quality of public water and water courses, the Board agrees: (i) To prohibit either or both volumes and rates of flow of Sewage into the Interceptor in excess of that permitted under Section 4 of this Contract; (ii) To prohibit the contribution of Sewage which may cause maintenance difficulties in the Authority's System; (iii) To prohibit the contribution of Sewage which may cause operating difficulties at the Sewage Treatment Plant of the Authority; (iv) To prohibit the contribution of Sewage which requires for treatment at such plant greater expenditures than are required for equal volumes of raw and domestic sewage:; (v) To require the treatment before introduction into the Authority's System of such wastes as may otherwise impair either or both the strength and durability of the structures and facilities of Authority's System by direct or indirect chemical action. Discharges into the Authority's System shall consist only of Sewage, Properly Shredded Garbage, Industrial Waste and other waste free from the prohibited constituents listed in the following paragraph and limited in B.O.D. , Suspended Solids, dissolved sulfides, and pH as hereinafter provided. Wastes not admissible: Gasoline; cleaning solvents; oils, greases; mineral oils; ashes; cinders; sand; gravel; tar; (6) 6 asphalt; ceramic wastes; plastics; other viscous substances; feathers; hair; rags; metal; metal filings; glass; wood shavings; sawdust; unshredded garbage; toxic, corrosive, explosive or malodorous gases; acetylene generation sludge; cyanides or cyanogen compounds capable of liberating hydro-cyanic gas on acidification in excess of 2 ppm by weight as CN; radioactive materials which will permit a transient concentration higher than 100 microcuries per liter; emulsified oil and grease, exclusive of soaps., exceeding on analysis an average of 100 ppm of ether-soluble matter; acids or alkalis having a pH value lower than 6.0 or higher than 10.0; salts of the heavy metals in solution or suspension exceeding 3 ppm of the following metals: Chromium as Cr. , Copper as Cu. , Zinc as Zn. , Nickel as Ni. and Cadmium as Cd. B.O.D. of Sewage delivered to Authority's System, as determined by standard methods, shall not exceed 250 ppm. Suspended Solids delivered to the Authority's System, as determined by Standard methods, shall not exceed 300 ppm. The pH of Sewage delivered to Authority's System shall be not lower than 6.0 nor higher than 10.0. No acids shall be discharged into Authority's System. Acid wastes must be neutral- ized to a pH of 6.0 or more. Dissolved sulfides in Sewage at the point of delivery to the Authority's System shall not exceed 0.1 ppm. (b) In the event Authority or any regulatory agency of the State of Texas or the United States of America imposes additional charges or restrictions covering the strength or quality of Sewage or restricting certain wastes from being put (7) into the sewer system, the Board agrees to abide by such restric- tions or limitations and to pay any additional fees that may be assessed. The Board agrees to keep separate all its storm sewers from the sanitary sewers and to keep its sewer system in good repair so that undue infiltration of ground water into- the system will not occur. Section 6. Payments to Authority. (a) The Board shall pay to Authority, for services rendered by Authority, the following monthly amounts at the time and in the manner hereinafter set forth, so long as this contract is in effect: (1) Seven cents per thousand gallons of Sewage actually discharged by the Board into the Interceptor. Payments under this subsection shall be due commencing on or before the 25th day of the month following the date on which the Board be- gins discharging Sewage into the Interceptor and on or before the 25th day of each month thereafter. Authority will bill the Board at the specified rate for the actual discharge of Sewage during each monthly period. (2) 1/12th of 40.20% of the annual operation and maintenance expense attributable to Phase I and Phase II of the Interceptor as described in the Engineering Report. The first payment under this subsection (2) shall be due on or before the 25th day of the month in which Authority will be ready to re- ceive Sewage from the Board. Such payments shall be due commencing on such date irrespective of the actual date on which the Board begins discharging Sewage into the Interceptor. (3) 1/12th of the annual principal and interest r.2quirements on Bonds issued hereunder to finance Board's parti- cipation in the cost of acquiring the facilities contemplated (8) i hereunder, as determined by Authority. The first payment under this sub-section shall be due on or before the 25th day of the 72nd month after the month in which the Bonds are dated. The Board shall have a 40.20% equity in the capacity of Phase I and Phase II of the Interceptor, as described in the Engineering Rey '4) On or before the 30th day of November of each ye Authority shall credit the accounts of the Cities of Grand Pra, and Irving, Texas, with 501 each of the aggregate amount of payments under sub-section (1) of this Section not theretofore credited to the Cities of Grand Prairie and Irving during the preceding twelve (12) months, together with credit to the Citie: of Grand Prairie and Irving for all penalties and fees levied by Authority against the Board for exceeding minimum quality and maximum quantity limits in accordance with this Contract. Authority shall make all credits required by this sub-section on the basis of 50% to the account of Grand Prairie and 50% to the account of Irving. (b) At the close of each Authority fiscal year the actual operation and maintenance expense of Phases I and II of the Interceptor as described in the Engineering Report shall b determined. If the payments made by Board under (a)(2) of this Section did not equal the actual operation and maintenance expe owed by the Board, then the Board shall pay 100% of the amount which such actual operation and maintenance expense exceeded s, payments to Authority. If the Board has paid more than is due hereunder, Authority will credit the account of the Board for the amnunt of anv such overpayment. (c) Authority will bill the Board for the amounts sp- Cied in (a) (1) , (2) and (3) of this Section 6, on or before th( (9) 5th day of each month when such amounts are due and the Board shall make remittance by the 25th day of each such month. In the event that the Board shall fail to make any such monthly payment within the time herein specified, interest on such amount shall accrue at the rate of 5% per annum from the date such payment becomes due until paid in full with interest as herein specified. In the event such payment is not made within sixty (60) days from the date such payment becomes due Authority may at its option discontinue such service to the Board until the amount due Author- ity is paid in full with interest as herein specified, Provided, that any such discontinuation of service shall not relieve the Board of the obligation to make payments required under (a) (2) and (3) of this Section 6. (d) The operation and maintenance expense of Phases I and II of the Interceptor as described in the Engineering Report for the first year of operation is estimated to be $3,600.00. This cost shall be used in establishing the Board's payments under (a)(2) of this Section 6 for the first year. Each year thereafter, the cost to be used in establishing the Board's pay- ments under (a)(2) of this Section 6 shall be the operation and maintenance expense established by Authority's Annual Budget. Section 7. Additional Capacity and Facilities. The Board and Authority recognize that the Board has the right to discharge the heretofore specified amount of Sewage into the Interceptor, but that the amount of Sewage of the Board that can be treated and disposed of by Authority is limited by the surplus capacity of the Cities of Irving and Grand Prairie as heretofore set out. At such time as the Cities of Grand Prairie and Irving have no surplus capacity remaining for use by Authority, the (10) Authority will make any other surplus capacity which is avail- able to Authority in its System available to the Board upon terms to be agreed upon by the parties at the time. Authority will undertake to provide, from time to time, additional capacity and facilities to receive, transport, treat and dispose of additional Sewage of the Board, over and above the maximum amount provided for herein. Authority will determine when such additional capacity and facilities are necessary and feasible and will so advise the Board. Upon execution of contracts between the Board and Authority, Authority will construct and provide such additional capacity and facilities. At such time as surplus capacity is no longer available, Authority will undertake to increase the capacity of its Central Treatment Plant, and at such time the Board shall have the right to purchase permanent capacity in the Authority's System upon terms mutually acceptable to the parties hereto. Provided, that this right shall not operate so far as to impair contractual rights in Authority's System in effect prior to the date of this contract. Authority will make a determination of the need to con- struct facilities to increase the capacity of Authority's System for the benefit of the Board and other interested parties three years in advance of the time of such need and will promptly advise the Board of such determination. Section 8. Special Provisions. (a) Authority agrees to proceed promptly with the construction of the facilities neces- sary to the performance of its obligations hereunder. It is not in position to guarantee the date on which it will be able to re- ceive the first Sewage from the Board; but Authority hereby recognizes that the Board's present construction schedule for the completion of the Airport requires that the Board be able to dis- pose of Sewage by no later than December 30, 1972, otherwise the completion of the Airport will be delayed and that the Board is (11) relying on the Authority to receive such Sewage. Authority will' make a diligent effort to have its facilities completed so as to -provide such service to the Board eighteen (18) -months after construction contracts for the Interceptor have been executed. Authority shall have executed such construction contracts no later than thirty (30) days after the sale date of the Bonds and shall sell such bonds by no later than April 17, 1970, Authority shall not be liable to the Board for any damages occasioned by delay in the commencement of such service to the Board. After Authority has notified the Board of readiness to accept Sewage at the point of entry, Authority shall, subject to other terms and conditions of this contract, con- tinually hold itself ready, willing and able to supply such service to the Board to the extent specified herein. (b) Title to all Sewage discharged hereunder shall remain in the Board to the Point of Entry, and at the Point of Entry title thereto and to all effluent therefrom shall pass to Authority. Authority takes the responsibility as between the parties hereto for the proper transportation, treatment and dis- posal of all such Sewage received by it, in accordance with law, and the responsibility of and right to ownership of the effluent from such operation. (c) It is expressly understood and agreed that any obligation on the part of the Authority to complete and operate the Interceptor shall be conditioned upon the sale of the Bonds and Authority's ability to obtain all material, labor and equipment necessary for completion of the Interceptor. (d) All payments to be made by the Board hereunder shall be and constitute special obligations of the Board payable solely from the revenues and income of the Dallas-Fort Worth Regional Airport (as an operation and maintenance expense thereof) on deposit from time to time in the Joint Airport Fund created by the Cities of Dallas and Fort Worth, Texas, in Section 17 of (12) the Contract and Agreement between said Cities executed April 231 1968, but effective as of April 15, 1968, and, accordingly, said payments shall not be payable from any monies derived from taxa- tion by said Cities and deposited into said Fund. (e) The Board agrees to fix and collect such rates and charges for services to be supplied by said Airport as will make possible the prompt payment of all expenses of operating and maintaining said Airport, including all payments contracted here- under, and the prompt payment of the principal of and interest on its obligations payable from the revenues of said Airport, and to comply with other provisions of the ordinances authorizing revenue bonds payable from said revenues. Section 9. Term of Contract. This contract shall continue in force and effect for a period of forty (40) years from the date hereof, provided that such contract shall not terminate before the last of the principal of and interest on the Bonds issued pursuant to this contract and any Bonds or other obliga- tions issued to refund or refinance all or any part of such Bonds have been paid in full. Section 10. Modification. No change or modification may be made in this contract which will affect adversely the prompt payment when due of all moneys required to be paid by the Board under the terms of this contract and no such change shall be effective which would cause a violation of any pro- vision of the resolution authorizing the' Bonds or refunding bonds or nf Authority's contracts with the Cities of Grand Prairie and (13) i Irving, Texas, unless approved by the Cities of Grand Prairie and Irving. Section 11. Regulatory Bodies. This contract shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Texas or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 12. Remedies. In enforcing the performance of the provisions of this contract both parties shall have the right to exercise of all procedure available under the law including, but without limiting the generality of the right, application for mandatory injunction and the Writ of Mandamus. Section 13. Notices. All notices or communications provided for herein shall be in writing and shall be either delivered to the Board or Authority, or if mailed, shall be sent by registered mail, postage prepaid, addressed to the Dallas-Fort Worth Regional Airport Board, 604 Avenue H East, E1 Patio East, Arlington, Texas 76010, or until otherwise specified by the Authority in writing, to Authority at Suite 302, Midway National Bank Building, Grand Prairie, Texas. Section 14. Upon request of the Board and upon execution of a contract between Authority and the Board, Authority will construct facilities for pre-treatment of Sewage originating from the Dallas-Fort Worth Regional Airport, and will enter into an operating agreement for the operation of such facilities. -14- IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written. TRINITY RIVER AUTHORITY OF TEXAS BY General Manager ATTEST: Secretary (SEAL) DALLAS-FORT WORTH REGIONAL AIRPORT BOARL BY Chairman ATTEST: Secretary (SEAL) -15- r THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH I,_ tnman City Secretary of the City of Fort Worth, in the State of Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. , duly presented and passed by the City Council of the- City of Fort Worth, Texas, at a session held on the day of 1969, which was open to the public as required by law, and public notice of the time, place and purpose of said session was given as required by Chapter 227, Acts of the 61st Legislature, Regular Session, 1969, as same appears of record in the Minute Book in the office of the City Secretary, Volume , Pages and WITNESS MY HAND and the official seal of the City of Fort Worth, Texas, this day of , 1969. City Secretary of the City of Fort Worth Texas (CITY SEAL) ORDINANCE No — i f :ia�44alAs�ez, j 1 d J 7 i r � Adop Final A Published Filed------Day of ':ty Secretary