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RETARY
CONTRACT No.
INTERI.,OCAL AGREEMENT BETWEEN THE TARRANT REGIONAL
WATER DISTRICT AND THE CITY OF FORT' WORTH
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into can the last date shown herein by and
between the TA RANT REGIONAL TER . a political subdivision of the State of
Teas, created under authority of Article XV1, Section 59 of'the Texas Constitution, and the
CITY OF FORT WORTH, l"EXAS, a municipal corporation of the County of Tarrant, State of
Texas, (both of whom are hereinafter collectively called "Parties,").
WITH E SSET'H:
WHEREAS, this Interl cal Agreement is made under the authority granted by and
pursuant to v.T.C'.A., Government Code, Chapter 791, known as the Interlecal Cooperation Act-,
and
WHE AS:, the Parties wish to enter into an Interlecal Agreement to designate the
TARRANT REGIONAL WATER DISTRICT..ICT as a monetary contributor for the design.,
construction and implementation of a Demonstration Garden at the Botanic Garden Center-
hereinafter referred to as the Project", in.hurt Worth,Texas, operated by the CITY OF l ORT
WORTH and
WHEREAS, this garden will serve as a model of the myriad plants and flowering
species that can be planted in area landscapes, that will require a minimum of watering; and
WHEREAS, the parties desire to roce d with the funding of the Demonstration Garde
subject to the terms and conditions to fellow.
NOW, THEREFORE, the Tarrant regional Water District, hereinafter referred to as
the "District", acting herein by and through h.ling.Oliver, its duly authorized general manager, and
the City of "cart Werth, hereinafter referred to as the "City", acting herein by and through Marc
Ott, its duly authorized assistant city manager, do hereby agree as follows
Section 1. FISCAL PROVISIONS. The total cost to be contributed to the Project by
the District is $25,000 per year for a period of no less and no more than two years. The total
amount of this contribution will be $50,000, with the initial payment issued by 'Sept. 30, 2002
and final payment to be issLIed by December 31, 2002.
Section 2., TERM OFAGREEMENT. City shall use its lest efforts to complete the
Project on or before November 15, 2003.. The City's failure to complete the Project prior to said
date shall in no way affect the District's obligations hereunder.
Sec l'on 3. DESIGN, CONSTRUCTION AND OPERATION. The City is solely
responsible for the design, construction and operation of"the project and all continuing financial
expenditures necessary for its maintenance.. The landscape concepts of the fro � , 11-111.11110
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supportive of the theme of the Texas Srnartscape CD initiative. The completed Project will serve
as a teaching tool,, along with the Texas Smartscape CD, to educate the public about the
advantages of planting native species.
Section 4. The District and the City shall have the opportunity to jointly commemorate
the Project through the placement of a permanent plaque recognizing the project participants.
The plaque will display the logos of the District and its, four primary Customer cities. Tlh' is plaque
shall be erected upon the completion of the Project.
See on 5. NOTICES.
Al,l notices or communication provided for herein shall be delivered to Parties or, it
maile�d, shall be sent to the Parties,at their respective address. For the purposes of notices, the
addresses of the parties, until changed by written notice, shall be as follows:
If to the District:
Tarrant Regional Water District
P.O. Box 4508
Fort Worth, Texas 76164
Attention: James M. Oliver
General Manager
If to the City"
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention.- Gary Jackson
Dale Fisseler
Richard Zavala
Section 6. IMMUNITY. It is expressly understood and agreed that in the execution of
this Agreement, no party waives nor shall lie deemed to waive any immunity or defense that
would o,therwise be available to it against claims arising in the exercise of governmental powers
and functions.
Section 7. MISCELLANEOUS.
(a) No party hereto shall make, in whole or in part, any assignment of this
Agreement or any obligation thereunder without the consent of the other
Parties.
L
(b) The validity of this Agreement and of any of its terms and provisions, a's
well as the rights and duties hereunder, shall be governed by t e a ws of
the State of"I'lexas.,
(c) Unless otherwise provided herein, this Agreement may be amended only
by written instrument duly executed on behalf of the Parties,. Tile City
Representative is,only authorized to perform the functions specifically
delegated to him or her under this Agreement.,
(d) This,Agreement shall not bestow any r hts upon any third party,but
rather shall bind and benefit the Parties only.
IN WITNESS WHEREOF,the parties action Linder authority of their respective
governing bodies have caused this Agreement to be duly executed in several counterparts, each
of which is deemed to be an original as of he last day and date written below.
AL
A 1,s eal.- TARRA "AL WATER DIsTRICT
den Brurn t Jam OfivW OL J%l10C3MM!:'
Staff Attorney General Manager
Date.
Approved as to form and legality: CITY OF FORT WORTH
1011
/01 0�
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Assistant C y Attorney Marc Ott
IAssistant Cifty Manager
Atte,',',
Uioria Pearson
City Secretary
C,
contract Authorization
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q.."Ity of Fort Worth, Texas
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AIAYOF id co IH
DATE REFERENCE NUMBER LOG NAME PAGE
9/24/02 60G�ARDEN
C-1 9 264
SU 13J ECT APPROPRIATION ORDIN ANCESAND INTERLOCAL AGREEMENT WITHTARRANT
REGIONAL WATER DISTRICT ACCEPTING A DONATION TO CONSTRUCT A
i
WATER, DEMONSTRATION GARDEN TO PROMOTE EFFICIENT WATER USE AT :
THE FORT WORTH BOTANIC GARDENS
RECOMMENDATION-
It is recommended that the City Council.*
1., Authorize the City Manager to enter 'into an interloical agreement with Tarrant Regional Water
I
District to accept a donation, in the amount of $50,000, for construction of a Water Demonstration
Garden to: promote efficient water use at the Fort Worth Bloit Gardens; an
2. Adopt the attached appropriation ordinance i,ncreas,ing estimated receipts and appropriations in the
Water and Sewer and by $5,0,000 from,, avail lie funds; and
3. Authorize the transfer of$150,0100 from the Water anild Sewer Fund to the Splecial 'Trust Fund; and
4. Adopt the attached app increasing estimated receipts and, appropriations in the
Special Trust Fund by $150,000 for the construction of a Water Demonstration G,ardenl,
DISCUSSION:
This interlocal agreement will allow the Tarrant Regilona,l Water District to donate $510,000 toward the
construction of a proposed Water Demonstration Garden at the Fort Worth Botanic Gardens. 'The
purpose of' the Water Demonstration Garden is to, demonstrate water-efficient irrigation practices, and,
that water saving, landscapes, can be cool, green and lush. Demonstrating wise and efficient use of
existing water resources is critical toward' meeting water needs a,nd in, the development of new supplies
of water resources.
The Texas Cooperative Extension Service estimates that in urban areas, about 25% of the water,supply
0
is, used to water landscapes and gardens and that as much as 6101%, of the average household's
summer water usage may be for landscape maintenance.
Beginning in F'Y20�013-210014, the Water Department will enter into an ongoing m�a,intenance agreement
with, the Parksand Community Services, Department for an approximate cost of$30,0�O�O a year.
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Ut i y vy'r Fo rt Wo r t h IN"ex a s
Aft An
Imayof Am"44 4901811teif 0XIM114hictitio011
DATE' REFERENCE NUMBER LOG NAME EN P AGE 2 2
9124/02 C-1 926Af
4
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SUBJECT APPROPRIATION ORDINANCES AND INT'ERLOCAL AG,REEMENT' WITH TARRANT
REGIONAL WATER DISTRICT ACCEPTING A DONATION TO CONSTRUCT' A
WATER DEMONSTRATION GARDEN TO PROMOTE EFFICIENT WATER USE AT
THE FORT WORTH BOTANIC GARDENS
FISCAL I NFOIRMATI,ON/C ERTI FI CATION:
The Finance Directoir certifies that upon approval of the above recommendations, and adoption, of the
tt e appr riation s funds will be available in the current capital budget,, as appr�opriated,
aachd op o rdin an c e
of the Special, Trust Fuind.
MO.-n
Submitted,for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by-, to
1&2) PE45 493382 06010,00 $ 50)000-00
Marc Ott 8476 2) PE45 538070 06015, $ 501000.00
Originating Department Head: 4) FE,72 472045 O80502800000 $ 501,000-00
4) FE72 541,200 080502800000 $150,0010-00
Dale Fisseler 8207' (from) APPROVED 9/24/02
3) PE,45 538070 0601500 $150,000.00 O1D.#15262
ORD.#15263
Additional Information Contact**
Dale Fisseler 8207 ..........