HomeMy WebLinkAboutContract 11383 TAE STATE OF TEXAS
WATER AND SEWER LINE AGREEMENT
COUNTY OF TARRANT CITY SECRETARY
iCQNTRACTE& j
This Agreement is made and entered into on the date herei t
last written by and between the CITY OF FORT WORTH, TEXAS, a municipal
corporation organized and existing under the laws of the State of
Texas and its home-rule charter (hereinafter called "Fort Worth"),
and the CITY OF EULESS, TEXAS, a municipal corporation organized
and existing under the laws of the State of Texas and its home-rule
charter (hereinafter called "Euless").
WITNESSETH:
WHEREAS, Euless now maintains and operates, for the benefit of
Fort Worth and the Trinity River Authority of Texas, (hereinafter called
"Authority"), water and sewer lines which are without the corporate
limits of the City of Euless and within the corporate limits of the
City of Fort Worth; and
WHEREAS, Euless desires to transfer ownership of certain such
lines, their maintenance and operation, to Fort Worth and Authority;
and
e1 WHEREAS, Fort Worth desires to assume the ownership, maintenance
d operation of certain such lines for the benefit of the citizens of
s city and to construct and extend certain other sewer lines to serve
certain areas of its city and to interconnect same with lines of Euless
and Authority; and
WHEREAS, Authority, under its contractual agreements with Euless
and Fort Worth, provides wastewater collection and treatment to Fort
Worth and Euless and the maintenance and operation of certain such
lines and metering stations attendant thereto.
NOW, THEREFORE, for and in consideration of the premises above
stated and the mutual covenants and agreements herein contained,
Fort Worth and Euless agree as follows:
I.
Attached hereto and incorporated herein as though set forth in
full, as Exhibit "A" hereto, are cerain maps designating the water
distribution and sewer collection lines, lift and metering stations
and line plugs which are the subject of the Agreement.
OFFICIAL RECORD
CITY SECRETRRY
FT. tiYDRT�I, TES.
II.
The City of Fort Worth shall construct and install pursuant to
its standards those sewer lines designated as 3-S-FW and 9-S-FW. Such
construction shall be completed as to 3-S-FW on or before March 11 1981,
and as to 9-S-FW, on or before January 1, 1985. The operation and
maintenance of such lines, subsequent to their construction and
installation, shall be the responsibility of Fort Worth.
III.
Fort Worth shall also acquire and install, at its expense, those
metering stations indicated on Exhibit "A" as 8-MS-E and 2-MS-E. The
installation of such metering stations shall be completed and same
made operational as to 2-MS-E on or before March 1, 1981, and as
to 8-MS-E, on or before January 1, 1985. Such metering stations
shall, subsequent to their installation, be operated and maintained
by Authority, consistent with the terms and conditions of the Agree-
ment between Authority and Euless dated October 10, 1973, and the
Agreement between Authority and Fort Worth dated February 20, 1976,
(City Secretary Contract No. 8632) relating to sanitary sewer services.
The covenants and provisions in this paragraph concerning the operation
and maintenance of metering stations 8-MS-E and 2-MS-E by Authoirty
are contingent upon the execution of a contract providing for same
between Authority and Fort Worth.
IV.
Upon final completion of construction and initiation of operation
of the sewer lines and metering station indicated in Articles II and
III above, Euless shall abandon the lift stations designated on
Exhibit "A" as 1-LS-E and 7-LS-E. Lift Station 1-LS-E shall be
abandoned upon completion of line 3-S-FW and metering station 2-MS-E;
and lift station 7-LS-E shall be abandoned upon completion of
line 9-S-FW and metering station 8-MS-E. It is understood and agreed
that upon completion of installation and initiation of operation of
sewer line 3-S-FW and metering station 2-MS-E, Euless shall be
entitled and Fort Worth does grant to Euless the right and capacity
WATER AND SEWER LINE AGREEMENT
Page Two
within such lines 3-S-FW for the diversion of sanitary sewage that
would otherwise be transported through lift station 1-LS-E. It
is further understood and agreed that upon completion of installa-
tion and initiation of operation of sewer line 9-S-FW and metering
station B-MS-E, Euless shall be entitled and Fort Worth does grant
capacity to Euless to divert into such line sanitary sewage that
would otherwise be transported through lift station 7-LS-E.
V.
Upon execution of this Agreement, the City of Euless shall
transfer to Fort Worth ownership of all sewer lines lying south of
Pipeline Road and within the corporate limits of the City of Fort
Worth except the following lines: 27-S-TRA, 18-S-TRA, 17-S-E/TRA,
23-9-TRA, 21-S and 13-S-FW.
Upon completion and initiation of operation of sewer line 3-S-FW
on or before March 1, 1981, the City of Euless shall grant to the City
of Fort Worth the use of 5oo,000 gallons per day capacity in sewer
line 13-S-Fw.
Within three (3) months after final completion and initiation
of operation of sewer line 9-S-FW, as provided for in Article II
above, Euless at its expense, shall plug that line designated
13-S-FW on Exhibit "A" at the location designated 12-S-E on such
Exhibit "A". The City of Euless shall transfer owership of line
13-S-FW, concurrent with the plugging of same, to the City of Fort
Worth.
on or before March 1, 1981, Euless, at its expense, shall plug,
at the location indicated on Exhibit "A", that sewer line designated
on Exhibit "A", as 28-S-FW and shall, concurrent with the plugging
of same transfer ownership of such line to Fort Worth.
VI.
Those sewer lines designated on Exhibit "A" as sewer lines
4-S-E, 5-S-E, 6-S-E, 10-S-E, 11-S-E, 14-S-E, 15-S-E, 17-S-E/TRA,
19-S-E, 20-S-E, 21-S, 22-S-E, 24-S-E, 25-S-E, and 29-S-E shall
remain the ownership of Euless.
WATER AND SEWER LINE AGREEMENT
Page Three
VII.
Upon final completion of construction and initiation of operation
of the sewer lines and metering stations provided for in Articles II
and III above by Fort Worth, Euless shall transfer ownership to
Authority of those sewer lines designated 18-S-TRA and 27-S-TRA.
From and after such transfer of ownership Authority shall maintain
and operate such sewer lines, pursuant to the separate agreement
between Authority and Euless relating to these sewer lines.
VIII.
On or before January 1, 1985, Euless, at its cost and expense,
shall install:
A) A metering station at the location designated on
Exhibit "A" as 16-MS-E to meter those lines designated
17-S-E/TRA and 18-S-TRA.
B) A metering station at the location designated on
Exhibit "A" as 26-MS-E.
C) A metering station in that line designated 30-S-TRA
on Exhibit "A" at Bluebonnet Drive in the City of
Hurst, Texas.
Such metering stations shall, subsequent to their installation
be operated and maintained by Authority consistent with the terms
and conditions of the Agreement between Authority and Euless dated
October 10, 1973, and the Agreement between Authority and Fort
Worth dated February 20, 1976, (City Secretary Contract No. 8632)
relating to sanitary sewer service.
On or before January 1, 1985, Euless shall complete construction
and installation of that sewer line designated on Exhibit "A"
as connecting sewer lines designated 29-S-E and 25-S-E.
IX.
All metering installations provided for by this Agreement shall
be installed pursuant to the requirements of Authority. All sewer
lines and plugs to be installed by Euless pursuant to this Agreement
shall be installed pursuant to standards and requirements of Euless.
All sewer lines to be installed by Fort Worth pursuant to this
WATER AND SEWER LINE AGREEDMNT
Page Four
Agreement shall be installed pursuant to standards and requirements
of Fort Worth.
X.
It is agreed and acknowledged that sewer line designated 17-S-E/TRA
on Exhibit "A" was constructed pursuant to certain Federal grant funds
received by Euless, which grant requires Euless to maintain ownership
of such line for a specified period. However, concurrent with the
transfer of ownership to Authority of those lines designated in
Article VII above by Euless, Authority shall thereafter maintain
and operate sewer line 17-S-E/TRA.
XI.
Euless and Fort Worth agree that they will not extend that sewer
tap designated on Exhibit "A" as 21-S to serve more than the existing
customers now connected via such tap.
XII.
It is understood and agreed that the sewer line designated on
Exhibit "A" as 23-S-TRA is an existing 27-inch sewer line owned and
maintained by Authority. A separate agreement between Authority
and Fort Worth, which Euless herein acknowledges, provides that Fort
Worth shall be entitled to connect to such line to afford sewage
treatment to future customers of Fort Worth within such service
area. When Fort Worth desires to connect to such sewer line,
Fort Worth and Authority shall then provide for the metering of
such connection so as to provide proper accountability for sewage
being treated as a result of such connection.
XIII.
Until Euless shall install those metering stations and plugs
provided for in this Agreement which will allow a metered determination
of sewage being treated in certain areas as between customers of
Fort Worth and Euless, billing for sewage treatment to customers
of Fort Worth, in those areas where same is not metered, shall be
determined as an amount equal to metered water usage of such customers
of Fort Worth. Fort Worth will read the water meters of such cus-
WATER AND SEWER LINE AGREEMENT
Page Five
tomers Whose sewage' is flowing unmetered into sewer lines designated
on Exhibit "A" and shall furnish the amount of such water usage
monthly to Authority. Authority shall then compute the applicable
sewage treatment charges resulting from such unmetered sewage of
customers of Fort Worth and bill same to Fort Worth, which amount
shall be deducted from the amount of sewage treatment charges to
Euless.
XIV.
ownership of those water lines designated on Exhibit "A" as
44-W-E, 45-W-E, 47-W-E, 49-W-E (from Pipeline south); and 51-W-E
shall be transferred to Fort Worth by Euless concurrent with the
connection of a water supply main by Fort Worth to such lines to
serve its customers. Such connection shall be made in whole or in
part by March 1, 1981. in any event, ownership of all of these
lines will be transferred by Euless to Fort Worth no later than
March 1, 1981. From and after the transfer of ownership to Fort
Worth, Fort Worth shall assume responsibility for the maintenance
and operation of such lines.
The water line designated 50-W-E on Exhibit "A" shall become
the property of the city of Fort Worth and ownership thereof
shall be transferred to Fort Worth by Euless upon the last to
occur of, (a) the connection thereto by Fort Worth to serve its
customers and (b) the connection and installation by Euless of
an alternate, parallel line within the corporate limits of Euless
along Pipeline Road; it being provided herein that both events (a)
and (b) shall occur on or before March 1, 1981.
XV.
hose water lines designated on Exhibit "A" as 31-W-E, 32-W-E,
43-W-E
7-W-E, 38-W-E, 41-W-E, 42-W-E,A and 48-W-E shall remain the ownership
of Euless.
XVI.
Those water lines designated on Exhibit "A" as 33-W-FW, 34-W-FW,
35-W-FW, 36-W-FW, 39-W-FW, and 40-W-FW shall remain the ownership
WATER AND SEWER LINE AGREEMENT
Page Six
of Fort Worth..
XVII.
That water line designated on Exhibit "A" as 46-W-E shall
remain_th-a joint ownership of Euless and Authority.
XVIII.
Those water lines designated on Exhibit "A" as 52-W-TRA and
53-W-TRA shall remain the ownership of Authority.
XIX.
Until such time as ownership of a given water line is transferred
to Fort Worth by Euless as provided hereinabove, Euless will con-
tinue to read meters serving customers in Fort Worth and will con-
tinue to bill those customers individually for service rendered
as it has in the past. Upon transfer of ownership as scheduled
hereinabove, Fort Worth will read the meters for all customers in
Fort Worth and will bill those customers for service rendered in
accord with applicable Fort Worth rates. Where water to serve such
customers is obtained from Euless, pending connection to the Fort
Worth supply system after March 1, 1981 (as probably will be the case
for customers connected to lines 44-W-E, 45-W-E, and 47-W-E), Fort
Worth shall report monthly to Euless the total volume of water
supplied to such customers serviced by the Euless supply, and Euless
shall bill the City of Fort Worth for water so supplied to Fort
Worth at its applicable rates for water supply to a municipaltiy.
XX.
Upon the execution of the collateral agreements between Euless
and Authority and Fort Worth and Authority, billing for water and
sewage shall be in accordance with the collateral agreements between
each City and Authority; provided, however, that prior to the
execution of such collateral agreements, the billing for water shall
conform to the billing method set forth in Article XIX above, and
sewer shall be billed in accordance with the method set forth in
Article XIII above for billing of unmetered sewage.
XXI.
This Agreement shall become effective upon approval by the City
Councils of Fort Worth and Euless and execution by the respective
WATER AND SEWER LINE AGREEMENT
Page Seven
City Managers of Fort Worth and Euless and when approved as to form
and legality by the respective attorneys for Fort Worth and Euless.
APPROVED
--A-S�TO FORM AND LEGALITY: FORT WORTH:
By: By: 16u 71-L e JI-"
Fort
Worth Ci y Attorney City Manager 77��// y/�g
Date: `fl,�Yill�2,/�.b, Z4 /°/Q
ATTEST:
Date
For W rth City Secretary
APPROVED AS TO FORM AND LEGALITY: EULE/SSS�:
B Y= By:
ss Cit Attorne City Manager
Date: 4-2 - 90
ATTEST:
Date: / tea _7- �!�
uless City Secreta�
gpPROVEA BY CITY GOlmG111•
Q�& -j}�' �3t
D
WATER AND SEWER LINE AGREEMENT
Page Eight
City of Fort Worth, Texas
Mayor 'and Council Communication
DATE REFERENCE SUBJECT: Contract Between City of Fort Wor h PAGE
NUMBER and City of� Euless--for-Water and Sewer
8 X6/80
C-5223 Lines Located in-the-City of Fort Worth IOf 2
In 1963, _the_City of_Fort..Worth..annexed the-area-shown_on Attachment;Aand contained
within the.boundary-from.Bell.Helicopter-Plant:located:at Bell Spurto the old
Greater Southwest_Airport>_-The north-boundary-:o£ the annexation was Pipeline
Road and=the.south�boundary_was_the-Rock-Island Railroad.
The_water_aud_sewer>£adilities._ n 'this area were developed_and.owned by private
.utility-companies>- The-City:of :Euless_purchased_these-systems-and operated those
facilities:in-both Euless:aud-Fort:Worth`prior:to:and-after annexation.
. .Euless-contracted:.with_the_Trinity_River_Authority'(TRA)-to provide sewage
treatment:for_the-wastewater-generated in their.City-and..the_customers inside
Fort-Worth.—TRA..constructed -a trunk':sewer_from_their Central'_Seiiage Treatment
Plant 'to Sulphur -Creek-located west of the:Bell-=Industrial District. TRA also
constructed trunk collectors-through the City of Fort Worth in Sulphur Branch,
Hurricane Branch:-and Boyd Branch.
The_staffsof_Euless,_F-ort_Worth.and.TRA-have been-woxkiug:for.two-years developing
agreements_whereby-the:water sand :sewer=lines:inside:the City limits of Fort Worth
would be.transferred-to-Fort Worth and-TRA.
..A-proposed_contract-has.been_negotiated_between-the-City=of-Euless and City of
Fort-Worth-in=:which-the-City of Fort Worth-will assume-ownership, operation and
maintenance-of water -and-sewer -lines located -within the City limits of Fort Worth
and presently being .served by the City of Euless.
.The•proposed contract.further states that .Fort.Wor-th.will-construct, operate
:and maintain:a-sewer line.which.will.extend-across-the-American Airlines property
to.a.City..of Euless .existing .lift station:at+the-west-City limits of Fort Worth
at.Hunnington_Drive... -This .line and .metering -facilities-will-serve Fort Worth and
Euless and_wil1._cost .approximately-$100!000 -A-metering-station will be con-
..
str_ucted by 4Fort earth, and Fka"s-will-be.-permitted to tie..into the system-.--,
Euless will.transfer_ownersh4--f-fire-10'=-serer:in:.Euless-South Main Street to
.the.City.of..Eort..W.orth._ This_line-will-provide=adequate•capacity to fully
develop:the._area._in-Fort._Wouth:knovTi:.as the-Town`of Tarranto
.Fort Worth_will_be_authorized .to.connect-to•the trunk.mains in Boyd Branch,
Hurricane-Branch and:Sulphur_Branch-which will_permit..the City to expand its
services.in-each of these drainage basins.
Euless.will-transfer to Fort-Worth:the.water and -sewer lines south of Pipeline
Road.and the.customers-they-serve : Euless will build.metering stations-on
certain.sewer_lines=stipulated .by.the-contract-so-the=flow from Euless may be
determined-before-it-enters-the-City of Fort Worth.
This contract_will_permit-the-Fort-Worth_Water-Department-to.provide water and
sewer services-to-this-ar.ea_in_an.orderly manner.
DATE REFERENCE SUBJECT: Contract-Between.City of Fort Wo h PAGE
NUMBER and City of Euless for Water-and Sewer
C-5223
8/18:$0 Lines-Located.in•the--Cia - of Fort Worth
It is proposed that-the-City Manager _be .authorized to-execute the contract
between the.City of-Fort-Worth and .the City:of--Euless-transferring ownership,
operation rand maintenance Of water-and,=sewer .facilities located in the City
of Fort-Worth,-.and--presently-owned'-by the City of Euless,
-It.is_..further..proposed.to-provide.funds .for .construction..of a-meter!Ag station
and a sewer line crossing American Airlines! property- to'the City of Euless
existing lift-station-at the-vest City li wits.of:.Fort Worth;. -and .for construction
of a metering .station•-and-a sewer-main-.within.-the-Fort..Worth-City limits rp to
connect to ark exis'ti'ng' City bf Euless pump°'station`located on Pipeline Road,
by appropriate.bond fund transfer.
The..staff believes-that-.the.future -cost..Of the..=facilities.to be constructed by
the City of Fort-Worth-will`be offset by the acquisition>of the facilities now
owned by the.City of Euless, "
Recommendations.
It is.recommended that:
1. A bond-,fund.transfer.be-approved in-the .amount.'of_$100,.000-_f'r9m Account No.
052-014901=00..°Unspecified Major�-Mains'.I to.Account-No.°052-014916-00,
"American-Airlines :Collector Sewer";
2. .A.bond..fund.-transfer._be-approved-in the amount_of_$100,000-.from Account No.
052-014901-00.:."Unspecified-.Major.Mains'.' to-.Account Nm.- 052-014917-00,
Area '.'D'.' Collector Sewer"; and
3. -The City-Manager .be-authorized-to-execute-the-attached-contract .between the
City of Fort Worth-and-the-..City of .Euless'tr-ansferr-ing water and sewer
facilities to Eort`Worth.in accordance with conditions."Bt!pulat'ed in the
contract.
VS:plg
Attachment
SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S ;.❑ APPROVED
OFFICE BY: _
ORIGINATING ❑ OTHER(DESCRIBE)'
.
DEPARTMENT HEAD: J, L-e $Q-zins On CITY SECRETARY
FOR ADDITIONAL INFORMATION -
CONTACT: ".. ._..:J..."L,: Robinson, Ext. 8220- "DATE - .
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