HomeMy WebLinkAboutContract 4936 CONTRACT FOA SANITARY SEWER SERVICE CITY SECRETARY
BETWEEN THE CONTRACT No._
CITY OF FORT WORTH, TEXAS
AND THE CITY OF
FOREST HILL, TEXAS OFFICIAL RECORD
THE STATE OF TEXAS CITY SECRETARY
COUNTY OF TARRANT FT. WORTH, TEX.
t
/T IS CONTRACT AND AGREEMENT made and entered into this 2 day of
/ 194 by and between the City of Fort Worth,
a unicipal corporation located in Tarrant County, Texas, acting by and through
its duly authorized mayor, Bayard H. Friedman, and the City of Forest Hill , a
municipal corporation located in Tarrant County, Texas , acting by and through its
duly authorized mayor, C. R. Bowden.
W I T N E S S E T H
WHEREAS, the City of Fort Worth at great expense has built or caused to
be built a sanitary sewerage system, including interceptor or collector lines ,
mains , sub-mains , laterals , sewage treatment facilities and other appurtenances for
the purpose of collecting sewage and other acceptable wastes and transporting same
away from the premises to places of treatment and disposal ; and,
WHEREAS, said City maintains said lines , plants and facilities as a
sanitary sewerage system and component part of the Fort Worth Water Department; and,
WHEREAS, the City of Forest Hill has similarly constructed at its own
expense a sanitary sewage collection and disposal system within the limits of its
own municipality; and,
WHEREAS, the City of Fort Worth desires the right to connect its sewers
to those of the City of Forest Hill at a point or points near the corporate limits
of said City of Forest Hill ; and,
WHEREAS, the City of Forest Hill , for and in consideration of the
covenants and agreements hereinafter contained, is willing to accept the sewage
from the lines of the City of Fort Worth into its own lines at or near the Forest
Hill city limits and to transport and treat said sewage in the same manner as
sewage from within the limits of the City of Forest Hill is transported and
treated; and,
WHEREAS, the City of Forest Hill desires the right to connect its
sewers to those of the City of Fort Worth at a point or points near the corporate
limits of said City of Forest Hill ; and,
WHEREAS, the City of Fort Worth, for and in consideration of the cove-
nants and agreements hereinafter contained, is willing to accept the sewage from
the lines of the City of Forest Hill into its own sewer lines at or near the
Forest Hill city limits and to transport and treat said sewage in the same manner
as sewage from within the limits of the City of Fort Worth is transported and
treated, NOW THEREFORE.,
KNOW ALL MEN BY THESE PRESENTS :
That for and in consideration of the execution and performance of the
mutual covenants herein set forth, the City of Fort Worth and the City of Forest
Hill do hereby covenant and agree as follows :
1 .
GENERAL TERMS AND CONDITIONS
A. Connection to Forest Hill Sanitary Sewerage System
The City of Forest Hill hereby grants to the City of Fort Worth the right to
make residential and commercial connections , directly or indirectly, to the
sanitary sewers of the City of Forest Hill , provided the plumbing facilities of
each such establishment so connected, either directlyr-or indirectly, shall comply
with or exceed requirements of the applicable ordinances governing such connections
within the cdrporate limits of the City of Fort Worth.
Prior to construction of any lateral sewer, main or sub-main by the City of
Fort Worth which is to be connected directly or indirectly to the Forest Hill
sanitary sewerage system, two (2) complete sets of the construction plans and
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specifications shall be submitted to the City of Forest Hill for review. The
plans so submitted shall include plan and profile drawings , locations , grades ,
pipe sizes , details , etc. , for each of the proposed facilities . The City of Forest
Hill shall cause such plans and specifications to be reviewed by a licensed
professional engineer to determine that the standards of construction are not less
than the standards for similar construction of sanitary sewerage facilities in
the City of Forest Hill and that there is available in the City of Forest Hill
sanitary sewerage system sufficient unused capacity to accept the sewage load to
be injected into its sanitary sewerage system by the proposed City of Fort Worth
connection or connections . Upon receipt of the engineer's certification that both
of the above requirements are met by the proposed connection, the City of Forest
Hill shall approve the proposed City of Fort Worth connection or connections for
installation and shall return one (1) approved set of plans and specifications to
the City of Fort Worth. The City of Forest Hill - shall have the right to make
periodic inspections while such construction is in progress and to require com-
pliance with the approved plans and specifications .
B. Connection to the Fort Worth Sanitary Sewerage System
The City of Fort Worth hereby grants to the City of Forest Hill the right to
connect any residential or approved commercial connection, directly or indirectly,
to the sanitary sewers of the City of Fort Worth, provided the plumbing facilities
of each such connection shall comply with the applicable ordinances governing a
similar connection within the corporate limits of the City of Fort Worth.
Any lateral sewer, main or sub-main serving two or more units of any classi-
fication and which is connected directly or ultimately with the sanitary sewers
of the City of Fort Worth shall be designed by, and the construction supervised by,
licensed professional engineers . Prior to the construction of any lateral sewer,
main or sub-main by the City of Forest Hill , which is to be connected directly
or indirectly to the Fort Worth sanitary sewerage system, two (2) complete sets
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of the construction plans and specifications shall be submitted to the Director
of the Water Department of the City of Fort Worth for approval , said plans to
include plan and profile drawings , locations , grades , pipe sizes , details , etc. ,
for each of the proposed facilities . The Director of the Water Department shall
review, or cause to be reviewed, the plans and specifications submitted and shall
approve same by affixing h4ls signature to the plans , provided the standards of
construction are not less than the standards for similar construction of sewerage
facilities of the City of Fort Worth and provided further that, in the opinion of
the Director of the Water Department, there is available in the City of Fort Worth's
sanitary sewerage system sufficient unused capacity to accept the sewage load to
be injected into the City of Fort Worth's sanitary sewerage system by the proposed
City of Forest Hill connection or connections . Upon approval , the Director of the
Water Department will return one (1) approved set of plans and specifications to
the City of Forest Hill, . The City of Fort Worth shall have the right tomake
periodic inspections while such construction is in progress , and to require com-
pliance with the approved plans and specifications .
C. Each City to Maintain Sewers
It is further agreed that all sanitary sewers , laterals , sub-mains , mains ,
and appurtenances owned by, or to be constructed or acquired in the future by, the
City of Fort Worth are and will become the sole responsibility of, and will be main-
tained by, the City of Fort Worth, and that the City of Forest Hill-. shall not, now
or ever, have any responsibility or liability for the operation or maintenance of
same.
Likewise, it is agreed that the sanitary sewers , laterals , mains , sub-mains
and appurtenances which are now owned by, or shall be constructed or acquired in
the future by, the City of Forest Hill are and will become the sole responsibility
of, and will be maintained by, the City of Forest Hill ', and that the City of Fort
Worth shall not, now or ever, have any responsibility or liability for the opera-
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tion or maintenance of same.
D. Industrial Waste
1 . No person, firm or corporation operating or maintaining any commercial , manu-
facturing or industrial establishment discharging into the sewers any "industrial waste",
as defined in City of Fort Worth Ordinance No. 3701 and amendments thereto, shall have
the right hereunder to connect, directly or indirectly, to the sanitary sewerage system
of the City of Fort Worth unless prior approval is granted by the Director of the Fort
Worth Water Department; and it is understood that no such approval shall be granted unless
such connection is; ,made in compliance with all pertinent ordinances , rules and✓or regula-
tions of the City of Fort Worth governing such industrial wastes . All provisions and terms
contained in said Ordinance No. 3701 and amendments thereto are expressly referred to and
incorporated herein the same as if set out verbatim.
2. No person, firm or corporation operating or maintaining any commercial , manufactur-
ing or industrial establishment discharging into the sewers any "industrial w�ste", as
defined in City of Fort Worth Ordinance No. 3701 and amendments thereto, shall have the
right hereunder to connect, directly or indirectly, to the sanitary sewerage system of the
City of Forest Hill unless prior approval is granted by the appropriate City of Forest
Hill representative; and it is understood that no such approval shall be granted unless
such connection is made in compliance with all pertinent ordinances , rules and/or regulations
of the City of Forest H i l 1.
2.
A: Method of Determination of Charge
The service charge made by the City of Fort Worth for sewerage service under the terms
of this contract shall be based on the complete cost of operation and maintenance and
the pro rata of the capital cost of the transporting and treating facilities as com-
puted for the portion of the system utilized by the City of Forest Hill.
B. Charge Rates
The charge rate for the initial period of this contract, which shall terminate September
30, 1968, for each residential connection in the City of Forest Hill has been computed
to be $0.915 per month. For the same period the charge rate per 1000 gallons of sewage
handled is $0.086.
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C. The Respective Portions of the Charge Rates are shown as follows :
Per Residential Per 1000 Gallons
1 . Treatment facility Connection N—ewage Handled
(a) Rental charge $0.263 $0.025
(b) Operation it maintenance 0.315 0.029
2. Transporting facility
(a) Rental charge 0.318 0.030
(b) Operation and maintenance 0.019 0.002
Charge Rate $0.915 $0.086
D. Adjustment of Charge Rates
The charge rate shall be reviewed and adjusted every five years . The first such
review shall be based on the annual costs of operation for the fiscal year 1967-68.
The costs related to transporting and treating sewage from the City of Forest Hill
shall be determined in accordance with methods herein as follows :
1 . The portion of the charge rate relating to rental charge for transporting facilities
is to be held constant and not subject to variation for the life of the contract.
2. The portion of the charge rate relating to rental charge for treating facilities
shall vary as the product of such amount multiplied by the result obtained by
dividing the average construction cost per million gallons of sewage treatment
capacity at the Fort Worth Village Creek Sewage Treatment Plant in existence at
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the time of such recomputation by $161 ,000.00, such average construction cdst to
be defined as the total final contract cost for all existing facilities at the
Fort Worth Village Creek Sanitary Sewage Treatment Plant at the time of such re-
computation divided by the total capacity in million of gallons per day of such
existing facilities . ($161 ,000.00 is to be taken as the average construction
cost per million gallons per day of treatment capacity at the time of execution
of this contract:)
3 . The portion of the charge rate relating to sewage treatment plants operating
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and maintenance cost shall vary as the product of such amount multiplied by
the result obtained by dividing the combined total costs of operating and main-
taining all City of Fort Worth Sewage Treatment Plants per million gallons of
sewage treated in such plants during the fiscal year most recent to the time
of such recomputation, adjusted to reflect anticipated trends in such costs over
the five years to be governed by the recomputed charge rate, by $29,20. (The
$29.20 amount was the cost per million gallons of sewage treated during the
Fiscal Year 1961-62 for operation and maintenance of all City of Fort Worth
Sewage Treatment facilities.)
4. The portion of the charge rate relating to transporting facilities maintenance
cost shall vary as the product of such amount multiplied by the result obtained
by dividing the average expenditure per mile of sanitary sewer in the Fort Worth
sanitary sewage collection system for maintenance of that system during the
fiscal year most recent to the time of such recomputation, adjusted to reflect
anticipated trends in such costs over the five years to be governed by the
recomputed charge rate, by $317,07. (The $317.07 amount was the average cost
per mile of sewer in the Fort Worth sewage collection system during Fiscal Year
1961-62 for maintenance of that system) .
5. The recomputed charge rate shall be taken as the sum of the constant set forth
in 1 . above added to the results of the computations described in 2. , 3. and
4. above.
In making adjustments to reflect anticipated cost trends as required under
3 . and 4. above, immediate past cost trends , current costs , and projected future
cost trends shall be duly considered and a mutually agreeable determination made
of the adjustment applicable in each case.
E. Charge Rate to be Applied
The charge rate to be applied under the terms of this contract is the charge rate
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per residential connection per month, except in the event either City shall
exercise its option to convert billing to the metered sewage basis in the
manner described hereinafter.
3 .
RATES CHARGED BY THE CITY OF FOREST HILL:
A. Charge Rates
The charge rate made to the City of Fort Worth by the City of Forest Hill,
shall continue in effect until such time as rates for sanitary sewer service currently being charged the Cityof Forest Hill by the City of Fort Worth are
changed. The g change in the charge rate made by the City of Forest Hill: at that
time shall correspond to the change in the cha
rge rate made by the City of Fort
Worth. The charge rate for each residential connection is $0.915 per month.
charge rate per 1000 gallons of sewage handled is $0.086. p th• The
B. Charge Rates for Other Than Residential Connections
The charge rate for other than residential connections shall be computed the same basis as set out under Section 4 on
Subsection A-2.
C. Charge Rate to be Applied
The charge rate to be applied under the terms of this contract is
rate per residential connection per month, except in the event either the charge
exercise its option to convert billing to the metered sewage basis City shall
described hereinafter. �n the manner
4.
PAYMENT TO FOREST HILL.' FOR SANITARY SEWER SERVICE
A. When charge rate per residential connection per month is used:
Payment of charges to the City of Forest Hill, for sanitary sewer service
by the City of Fort Worth shall be made as follows : used
1 . A charge rate of $0.915 per month per residential connection se
rved.
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2. The charge rate per commercial connection shall be equal to the gallons of
water consumed each month by the commercial customer divided by 10,500
gallons and multiplied by $0.915. The charge rate per commercial connection
shall not be less than $0.915 per month.
3 . Monthly payment
The monthly payment shall be calculated equal to the number of residential
connections served at the end of the month multiplied by $0.915 plus the
charges calculated for all commercial connections .
Payment shall be made by the City of Fort Worth to the City of Forest Hill-
on or before the 15th day of each month for the services received during
the preceding month.
4. Failure on the part of the City of Fort Worth to make me a
P y nts due the
City of Forest Hill: shall be sufficient cause for refusal to receive sewage
as provided herein . g
B. When conversion is made to charge rate per 1000 gallons of sewage handled;
At the next billing date after sewage flow metering stations are placed in
operation, the City of Fort Worth shall render to the City of Forest Hill: the
last payment for sanitary sewerage service based on the monthly char
connection set forth herein. Thereafter, the City of Fort Worth shall
per
operate
and maintain the installed sewage flow metering stations in good working order
at all times and report to the City of Forest Hill the total volume of sewage
delivered into the Forest Hill sanitary sewerage system from within the Cityof
Fort Worth during each subsequent billing
period. In addition, the City of Fort
Worth shall render payment to the City of Forest Hill at each billing date an
amount of money equal to that amount obtained by multiplying the number of
thousands of gallons of sewage delivered into the Forest Hill sanitary sewerage
9
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system from within the City of Fort Worth during the billing period preceding
the billing date by $0.086.
5.
PAYMENT TO CITY OF FORT WORTH FOR SANITARY SEWER SERVICE
A. When charge rate per residential connection per month is used:
Payment of charges to the City of Fort Worth for sanitary sewer service used
by the City of Forest Hill shall be made as follows :
I . A charge rate of $0.915 per month per residential connection served.
2. The charge rate per commercial connection shall be equal to the gallons
Of water consumed each month by the commercial customer divided by 10,500
gallons and multiplied by $0.915. The charge rate per commercial connec-
tion shall not be less than $0.915 per month.
3 . Monthly payment
The monthly payment shall be calculated equal to the number of residential
connections served at the end of the month multiplied by $0.915 plus the
charges calculated for all commercial connections .
Payment shall be made by the City of Forest Hill to the City of Fort Worth
on or before the 15th day of each month for the services received during
the preceding month.
4. Records available
The City of Forest Hill agrees to furnish a current statement each month
showing the number and type of sewer connections within the limits of the
City of Forest Hill for said preceding month, and, further agrees to permit
the City of Fort Worth, at reasonable times , to examine the water and sewer
records and customer accounts of the City of Forest Hill.
5. Failure on the part of the City of Forest Hill to make payments due the
City of Fort Worth shall be sufficient cause for refusal to receive sewage
as provided herein.
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Bo When conversion is made to charge rate per 1000 gallons of sewage handled:
At the next bulling date after sewage flow metering stations are placed in
operation the City of Forest Hill shall make the last payment for sanitary
sewerage service based on the monthly charges per connection set forth herein.
Thereafter, the City of Fort Worth shall operate and maintain the installed
sewage flow metering stations in good working order at all times and record
the total volume of sanitary sewage delivered into the Fort Worth sanitary
sewerage system from connections within the City of Forest Hill during each
subsequent billing period. In addition, the City of Fort Worth shall bill the
City of Forest Hull at each billing date for services rendered during the
billing period preceding such billing date an amount equal to the sum of:
I . All costs during the billing period concerned incurred by the City of Fort
Worth in operating and maintaining sewage metering stations measuring the
flow of sewage from within the City of Forest Hill into the Fort Worth
sanitary sewerage system, including but not limited to such costs as labor
and materials for reading meters, adjusting meters and recording mechanisms,
changing recording charts, and repairs to meters and appurtenances ,
2. The sum of money obtained by multiplying the total number of thousands of
gallons of sewage flowing from the City of Forest Hill into the Fort Worth
sanitary sewerage system during the billing period concerned by $0.086.
6.
CHANGE BN CHARGE RATE BASIS BY FOREST HILL
If the City of Forest Hill should decide that the monthly charges per
connection to be paid to it hereunder are not commensurate with its costs for
handling the volume of sewage generated by such connections, then the City of Forest
Hill shall notify the Director of the Fort Worth Water Department of such decision
in writing and request that such sewage flow metering stations be constructed at
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City of Fort Worth expense as the Director of the Fort Worth Water Department deems
necessary to determine the volume of sewage being delivered into the Forest Hill
system from the City of Fort Worth. The Director of the Fort Worth Water Depart-
ment shall cause such sewage flow metering stations to be installed and in opera-
tion within six months after receipt of such written notice from the City of
Forest Hill.
7.
CHANGE IN CHARGE RATE BASIS BY FORT WORTH
Should the City of Fort Worth decide that the monthly charges per connection
to be paid to it hereunder are not commensurate with its costs for handling the
volume of sewage generated by such connections , then the Director of the Fort
Worth Water Department shal ➢ notify the City of Forest Hil ➢ in writing of such
decision. Within six months after having given such written notice the Director
of the Fort Worth Water Department shall have caused such sewage flow metering
stations to be constructed as he deems necessary to determine the volume of sewage
being delivered into the City of Fort Worth sanitary sewerage system from connec-
tions to the City of Forest Hill sanitary sewerage system. Metering stations shall
be accessibly located. The construction of such metering stations shall be per-
formed by the City of Fort Worth, but all costs attendant to such construction
shall be paid by the City of Forest Hill within 30 days after receipt of billing
for such construction costs from the City of Fort Worth, such billing by the City
of Fort Worth to follow within 30 days after such metering stations are completed
and placed in operation.
8.
DIVERSION OF OVERLOAD FROM FOREST HILL, SYSTEM TO FORT WORTH SYSTEM
Should the capacity of the sanitary sewerage system of the City of Forest
Hill be approached or exceeded, the City of Forest Hill may notify the Fort Worth
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Wat@r D@partm@nt Dir@@tor of thi§ condition in writing and r@qu@§t th@ City of
Fort Worth, within tw@lv@ (12) month§ of th@ dat@ §u@h writs@n noti@@ i§ r@@@Iv@d,
@ith@r to r@mov@ it§ Conn@coon§ to th@ For@§t Hilt §@nit@ry §@w@rag@ §y§t@m and
@@a§@ to inj@@t §anitary §@wag@ Into It§ §y§t@m or to @on§tru@t a @onn@@tion
b@tw@@n th@ City of For@§t Hill §anitary §@w@r infiu@nt main at it§ tr@atm@nt
plant and th@ City of Fort Worth'§ Villag@ Cr@@k Coll@@tor Main, A volum@ of
untraat@d §@wag@ @quival@nt to th@ volum@ of §@wag@ @nt@ring into th@ For@§t Hill
§anitary §@w@rag@ §y§tam from within th@ limit§ of th@ City of Fort Worthi §hall b@
di§charg@d to th@ Fort Worth §y§t@m through §aid @onn@ctlon,
If th@ City of Fort Worth constructs a Conn@coon b@tw@@n It§ Vlll@g@ Cr@@k
Collector Main and th@ For@§t Hill plant Influ@nt §@w@r, th@ charg@ mad@ by th@
City of For@§t Hill for transporting and tr@ating §@wag@ from th@ City of Fort
Worth §hail b@ r@duc@d by an amount @qual to th@ tr@atm@nt fa@ility portion of th@
charg@ rat@ §hown h@r@In and@r rat@§ ch@rg@d by th@ City of Fort Worth,
9.
POSSIBLE FUT F ADANDONMINT OF FOB Jp� U I I I �FWAaF fi�FA�MFNfi P�ANfi
Should th@ City of For@§t Hill @I@ct at §om@ futur@ tim@ to abandon th@
pr@ctic@ of tr@ating all or a major part of th@ §@wag@ b@Ing d@liv@r@d to It§
§anitary §@wag@ tr@atm@nt plant by It§ col ]@ctlon §y§t@m, it may dir@ct a r@qu@§t
In writing to th@ Dir@ctor of th@ Fort Worth Wat@r D@partm@nt that it b@ p@rmttt@d
to con§trust a coon@ctlon b@tw@@n th@ City of Fort Worth'§ Villag@ Cr@@k Colt@@tor
Main and th@ For@§t Hill §@wag@ tr@atm@nt plant and to div@rt a major volum@ of
§@wag@ from th@ City of For@§t Hill §y§t@m, Within tw@Iv@ (1k) month§ of th@
dat@ §uch wrltt@n notic@ I§ r@c@lv@d, th@ City of Fort Worth §hall @nd@avor to
hav@ compl@t@d con§tructlon of it§ Villag@ Cr@@k Coll@ctor Main to a point mutually
acc@pt@bl@ a§ Ming th@ prop@r Iocation for r@c@iv4ng th@ For@§t Hill S@wag@
Tr@atm@nt Plant Conn@ctlona Th@ City of For@§t Hill §hall con§trust th@ conn@c=
Lion without Way and §hall dIv@rt a major portion of It§ §anitary §@wag@
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thereinto as soon as the connection to the Village Creek Collecto
pleted. r Main is com-
Payment to the City of Fort Worth for this service shall be made
basis of the charges set forth hereinbefore for each connection °n the
Hill sanitaryto the Forest
sewerage system whose untreated sewage is diverted from the Forest
Hill sewage Treatment Plant to the Fort Worth Village
Creek Collector Main.
For the purpose of this contract, the number of connections whose sanitary sewage is thus diverted shall be taken as the total volume i untreated
sewage so diverted during the billing period n gallons of
, as determined from City of Forest Hill
sanitary sewage treatment plant records, divided by 10,500 gallons
the City of Forest Hillinstalls suitable metering facilities as except that if
the charge will be based on $0.086 Provided herein,
per 1000 gallons of sewage handled.
10.
LIFE OF CONTRACT
The life of this contract shall be thirty-five y- (35) years from the date of
execution, and thereafter shall be subject to renegotiation between the its
parties hereto,
11 .
EFFECTIVE DATE FOR BILLING
The effective date of this contract for billing
day of the month following the month during which this Purposescontract is executed.
The City of Fort Worth and the City of Forest Hill each binds its
successors and assigns, elf, its
9 , to the other party to this agreement and to the successors
and assigns of each other party with respect to all covenants contain
ed ned in this
Neither party hereto shall assign, sublet or
g transfer an under without the written consent of Y rights here-
the other party.
IN TESTIMONY WHEREOF, after proper action by the respective overni
for the parties hereto g ng bodies
we have caused these presents to be ell
cate copies, each of which is considered xecuted in quadrupli-
�;
to be an original , and the seals of the
respective parties to be hereto affixed on the date above written.
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ATTEST:
4Sr�e—atary�����
CITY OF FORT WORTH
CI BY Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney
APPROVAL RECOMMENDED:
Director, F rt Worth W
�ep�artme�nt
ATTEST:
CITY OF FOREST HILL:
C u ty Secretary ���•� /,p
,` B y �—
Mayor
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