HomeMy WebLinkAboutContract 38776 (2)®� RA�REN�R� MLL�
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF FORT WORTH, THE CITY OF EULESS
AND THE TRINITY RIVER AUTHORITY
Tiiis MEMORANDUM OF AGREEMENT ("MOA") is entered into by and
between the City of Fort Worth, Texas ("Fort Worth"), the City of Euless, Texas
("Euless"), and the Trinity River Authority ("Authority"), which are collectively referred to
herein as the "Parties."
I. PURPOSE
This MOA sets forth the Authority's method for calculating charges to Fort Worth
for Fort Worth wastewater that is delivered into the Authority's Central Regional
Wastewater System through Euless' sewer pipelines. This method shall be used
to determine the Authority's charges to Fort Worth for flow from those Fort Worth
customers that passes through Euless' wastewater mains and metering
station(s), pursuant to the terms and conditions in Fort Worth City Secretary
Contract No. 11383 and Euless City Secretary Contract No. 80-291; and two
separate contracts each identified as Contract 81, one between the Authority and
Fort Worth and the other between the Authority and Euless (collectively "Contract
81 "), all such agreements collectively called the "Wastewater Service Contracts"
and described for reference below.
II. REFERENCE
The Wastewater Service Contracts between the Authority and Fort Worth and the
Authority and EUless were established for the purpose of delineating which entity
and facilities would be responsible to properly receive, transport, treat and
dispose of wastewater from Fort Worth and Euless. Contract 81 identifies certain
metering stations, wastewater and water lines for which ownership and
maintenance would be transferred between Fort Worth and Euless, provisions for
payment of the wastewater services and sets forth other terms and conditions.
Under the terms of the Wastewater Service Contracts, the Authority receives
wastewater from Fort Worth and Euless for treatment. Fort Worth and Euless
flows intermingle in both'the Authority's and Euless' pipelines. The Parties desire
to adequately determine the amount of flow attributable to each city, and to
define the methodology for calculating the compensation due Euless for flow
received from Fort Worth customers.
III. SERVICE AREA
This MOA applies to those Fort Worth customers with water accounts located
south of Pipeline Road from American Boulevard to Raider Drive and those
accounts located west of Raider Drive and south and east of Highway 10 and
north of the Rock Island Railroad for which the wastewater flows through Euless
mains and metering station(s). The service area in question is shown on Exhibit
A attached. Fort Worth shall identify and provide written notice to Euless and
the Authority prior to the next monthly billing of additional water accounts that are
located in the service area.
IV. METHODOLOGY FOR CALCULATING THE FORT WORTH WASTEWATER
FLOW AND CHARGES TO FORT WORTH
Fort Worth shall provide to the Authority and Euless on a monthly basis the total
metered water used by Fort Worth customers whose wastewater flows into the
Authority's or Euless' pipelines and is metered by the Authority as Euless flow.
The Parties agree that until such time as new sewer collector lines are
constructed to divert Fort Worth's wastewater flow through a dedicated meter
station for such flow, the subject flow measurement will be based upon the
metered water usage by the Fort Worth customers in the defined area. The
return flow will be calculated as eighty percent (80%) of the metered water usage
for accounts with direct points of entry into an Authority pipeline and ninety
percent (90%) of metered water usage for accounts that flow through Euless
mains to the Authority pipelines. The Authority will deduct and detail on its
Euless flow summary the calculated amounts from the Euless downstream
accumulative flow measurements; and add and detail those amounts on its Fort
Worth flow summary.
V. BILLING
Fort Worth shall provide to the Authority and Euless a monthly report of the total
metered water readings for Fort Worth customers in the service area as shown in
Exhibit A. Fort Worth shall provide that report for each month by the 10th day of
the following month. Combined water accounts will be classified as direct points
of entry into an Authority pipeline, or as an account that is tapped directly, or
flows through mains owned and maintained by Euless before flowing through a
Euless metering station. Calculation of the flow from Fort Worth and Euless for
the Fort Worth accounts whose flow passes through Euless' metering stations
will be per the one thousand gallon metered water as reported by Fort Worth and
established by the Authority. Fort Worth will report its total metered water in one -
thousand gallons to the Authority.
Fort Worth accounts that are currently billed for wastewater by Euless based on
reported water meter readings from Fort Worth will be billed by Fort Worth as of
the effective date of this MOA and shall be reported to the Authority monthly
thereafter.
VI. TERM
This MOA will remain in effect until the Fort Worth wastewater flow no loner
passes through Euless' wastewater maig
ns and/or meters, or unless modified by
all Parties through written amendment.
This MOA shall not amend any terms or conditions of the Wastewater Service
Contracts.
VII. REQUEST FOR INFORMATION
The Parties agree to cooperate with each other in good faith and to provide
relevant information as reasonably requested to ensure that the terms and
conditions of this agreement are met by all Parties.
VIII. EFFECTIVE DATE OF THE METHODOLOGY FOR CALCULATION AND
BILLING
The methodology for calculating the wastewater flow subject to this MOA shall
become effective on the date the last Party has executed this MOA and shall be
retroactively applied to the first billing cycle after April 1, 2009.
Each Party has caused this MOA to be executed by its duly authorized
representative in multiple copies effective as of the Effective Date.
3
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date: 0/,Z�09
Approved as to form and legality:
Christa Ik' Reynolds
Assistant City Attorney
CITY OF EULESS
VAN
Mary Lib 49Zeh w
Mayor
C-j
as to form and I
McFa
City Attorney
ality:
TRINITY RIVER AUTHORITY OF TEXAS
Warren N. Brewer
Regional Manager, Northern Region
0
ATTEST:
'Marty Hendrix
City Secretary
G REQUIRED�j
ATTEST:
Susan Crim RMC
City Secretary
ATTEST:
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