HomeMy WebLinkAboutContract 46103CITY SECRETAW
STATE OF TEXAS § CONTRACT NO. O I a%
COUNTIES OF TARRANT §
DENTON, PARKER AND WISE §
AGREEMENT
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home -
rule municipal corporation situated in Tarrant, Denton, Parker Johnson and Wise Counties, Texas,
hereinafter called "City," acting herein by and through Fernando Costa, its duly authorized Assistant
City Manager, and the Benbrook Water Authority, a district authorized and operated under
Chapters 49 and 51, Texas Water Code, hereinafter called "Authority", acting herein by and through
David Wasson, its General Manager. City and Authority are collectively referred to herein as the
"Parties".
WITNESSETH:
WHEREAS, the City of Fort Worth and the City of Benbrook have agreed to adjust the
boundary between the two cities to promote orderly development, insure public safety and
effective delivery of municipal services; and
WHEREAS, both the Authority and the City recognize the benefits of the boundary
adjustment and the need to designate responsibilities for treated water and sewer service; and
WHEREAS, the Parties find that the performance of this Agreement is in the common
interest of the Authority and Fort Worth, that the undertaking will benefit the public and that the
division of costs and/or responsibilities fairly compensates the performing Party for the services
or functions under this Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed, the Parties hereto agree as follows:
1. Puraose
The purpose of this Agreement is to describe the terms and conditions for the provision of potable
water and wastewater service to areas within the City of Fort Worth's CCN, from a point near the
entrance to the Whitestone Heights development at the intersection of Hawkins Home Boulevard
and U.S. Highway 377 as shown. in Exhibit A ("Fort Worth Service Area") until such time as is
practicable for the City to service.
OFFICIAL RECORD
CITY SECRET �^ �dV p3
FT. WORTH, R
RECEIV ED OCT 0 9 2014
2. Provision of Treated Water and Wastewater Service to the Fort Worth Service Area
by Authority
A. Authority agrees to provide up to 0.72 million gallons of treated water per day (MGD) to
the Fort Worth Service Area under maximum day demand conditions upon request of a
customer within such Fort Worth Service Area. The Authority agrees to provide an
additional 2.16 MGD of fire flow under maximum day demand conditions, resulting in a
total supply of 2.88 MGD under maximum day and fire flow demand conditions. Upon
request, a customer may connect to the Authority's existing water main and extend
pipelines to provide service within the Water Service Area. If the Authority is at its
maximum capacity and unable to meet customer demands within the Fort Worth Service
Area,"the City agrees to famish to the Authority's system up to 0.72 MGD during max
day demand condition and additional 2.16 MGD of fire flow under max day demand
conditions, resulting in a total supply of 2.88 MGD to offset the amount of water
necessary for the Authority's provision of water to the Fort Worth Service Area.
Authority shall pay for water supplied by Fort Worth at the current Wholesale Water
rates for volume.
B. Authority agrees to provide up to 0.6 million gallons per day (MGD) of peak wet weather
flow of sanitary sewer capacity to the Fort Worth Service Area. Upon request,
customer(s) may connect to the Authority's existing 8-inch sanitary sewer line and extend
to provide service within the Fort Worth Service Area.
C. The Authority agrees that it shall be responsible for the installation and maintenance of
any and all of the Authority's water and wastewater lines within Authority's Service
Area.
D. The City shall install meters at the point of connection from the Authority's existing
water and wastewater lines to the Fort Worth Service Area connected to the Authority's
SCADA system and allow, at the City's expense, connection to the SCADA system of
the City.
3. City Customer's Resaonsibilities
A. A customer who requests such water and/or sewer service described above shall be solely
responsible for the cost of extending to the water main and/or 8-inch sewer main from the
customer's property to the Authority's existing lines. Customer shall also be required to
pay all normal connection fees shall pay for water supplied by the Authority at the
current Retail Water rates for volume.
B. Customer shall be required to construct any extension to the water and/or sewer main in
compliance with the standard of the jurisdiction in which such extension shall be within.
Beahrook Water Authority Agreement Page 2of6
VM
C. Customer shall be required to purchase and install a meter, at its sole cost, to receive
water and/or sewer service from the Authority. Customer shall also pay a deposit.
Authority will read the meter and shall directly bill the customer, at the Authority's
Retail Water rates, until such time as the City shall supply water and/or sewer service to
the customer. Customer shall be required to pay the Authority for water and/ or sewer
service until such time as the City shall supply water and/or sewer service to the
customer.
D. Nothing herein shall require the City or the Authority to pay for any extension,
connection fee or meter to service a customer. Such cost shall be the responsibility of the
customer. However, Authority shall have the right to deny service if the customer fails to
comply with the provisions herein.
4. City's Responsibilities
A. City agrees to provide from an interconnection with the Authority, up to 2.88 MGD of
maximum flow of treated water, under fire flow conditions, or maximum day flow of
0.72 MGD under normal conditions, upon the request of the Authority, if the Authority's
treated water capacity is insufficient to provide the needs of a customer in the Fort Worth
Service Area.
B. City agrees that is shall be responsible for the installation of any and all treated water and
waste water lines within the Fort Worth Service Area, which shall then be maintained by
the Authority.
C. City agrees to install meters at the interconnections between the City and the Authority,
connected to the City's SCADA system and allow, at the Authority's expense, connection
to the SCADA system of the Authority.
D. City agrees that it will require meters at the point of connection from the Authority's
existing water and wastewater lines to the lines to the Fort Worth Service Area,
connected to the City's SCADA system and allow, at the Authority's expense, connection
to the SCADA system of the Authority.
5. Certificate(s) of Convenience and Necessitv
A. Nothing in this Agreement shall amend, diminish or alter the City of Fort Worth's
Certificate of Convenience and Necessity No. 12311 nor the Authority's Certificate of
Convenience and Necessity No. 11260, except as necessary to provide treated water
service and/or sewer service to the Fort Worth Service Areas, established by the Joint
Ordinance and Boundary Agreement known as City of Fort Worth Ordinance No. 21482-
09-2014 and City of Benbrook Ordinance No. 1376.
Benbrook Water Autbority Agreement Page 3 of 6
B. Both parties agree that this Agreement and the provision of treated water service and
sewer service to the Service Areas within the City's CCN or the Authority's CCN shall
be valid and enforceable. Both parties agree that they shall file no objection to an
amendment to either party's CCN necessary to effectuate the Joint Ordinance and
Boundary Agreement known as City of Fort Worth Ordinance No. 21482-09-2014 and
City of Benbrook Ordinance No. 1376. Any such amendment may be submitted to the
TCEQ for approval at the appropriate time pursuant to Section 13.248 of the Texas Water
Code regarding contracts designating areas to be served by retail public utilities.
C. Authority agrees that it will continue to provide water service to Pecan Valley Golf
Course/Park and City agrees that it will deduct the cost of water at wholesale volume rate
from the Authority wholesale wastewater billing monthly to account for the water
Authority is providing to Pecan Valley Golf Course/Park.
6. Effective Date and Termination
This Agreement shall become effective only: (1) upon the approval of the Joint Ordinance and
Boundary Agreement known as City of Fort Worth Ordinance No. 21482-09-2014 and upon the
approval of the City of Benbrook Ordinance No. 1376; by the respective City Councils and (2)
upon the full and complete execution of this Agreement by the parties. This Agreement shall
continue in full force and effect unless modified or terminated by either party. Either party may
terminate this Agreement upon 90 days advance written notice to the other party.
7. No Third -Party Beneficiaries
This Agreement shall inure only to the benefit of the Parties hereto and third persons not privy
hereto shall not be considered a third party beneficiary of this Agreement, save and except as
otherwise provided for in Section 8 below.
8. Assianability
The Authority may assign this Agreement, in whole or in part so long as the Authority provides
the City with advance written notice of such assignment.
9. Entirety
This Agreement and all attachments incorporated herein by reference constitute the entire
Agreement by the Parties and any prior or contemporaneous oral or written agreements shall be
replaced or superseded by this Agreement.
Benbrook Water Authority Agreement Page 4 of 6
10. Severability
In case any one or more of the provisions contained in the Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
11. Venue
This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and the venue for any litigation arising from this Agreement shall be in Tarrant County, Texas.
12. Authorization
The undersigned officers and/or agents of the Parties hereto are properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each
parry hereby certifies to the other that any necessary actions extending such authority have been
duly passed and are now in full force and effect.
13. Notices
Any notices (unless otherwise specified herein), bills, invoices or reports required by this
Agreement shall be sufficient if sent by the Parties in the United States mail, postage paid, to the
address noted below:
If to City:
Water Department Director
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
City Manager's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Copy to: City Attorney's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Benbrook Water Authority Agreement Page 5 of 6
If to Benbrook Water Authority:
14. Governmental Powers
General Manager
Benbrook Water Authority
1121 Mercedes Street
Benbrook, Texas 76126
By execution of this Agreement neither the City nor Authority waives or surrenders any.of its
respective governmental powers, immunities, or rights, except as specifically waived pursuant to
this section. City and Authority expressly recognizes that Authority may seek to enforce this
agreement by injunction or declaratory judgment and all other remedies that may exist at law or
in equity.
EXECUTED in triplicate in, on or about in Tarrant County, Texas.
CITY OF FORT WORTH BENBROOK WATER AUTHORITY
Fernando Costa bavid Wasson
ASSISTANT CITY MANAGER
DATE: 10/6114
RECOMMENDED BY:
Andrew T. Cronberg, P.E.
INTERIM WATER DIRECTOR
APPROVED AS TO FORM
ANDLEGALITY
V , ,,
Christa R. Llbpez-Reynolds
SR. ASSISTANT CITY ATTORNEY
CITY SECRETAR
Benbrook Water Authority Agreement
GENERAL MANAGER
DATE: /D
APPROVED AS TO FORM
AND LEGALITY
Brian C. Newby
matey Hanger L>f
EXHIBIT A
Fort Worth Service Area
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BENBROOK WATER AUTHORM
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Benbrook Water Authority Agreement Page 7 of 6 .