HomeMy WebLinkAboutContract 13884 CONTACT FOR WATER SERVICE' CITY SECRETARY
BETWEEN THE CONTRACT'N tLffff
CITY OF FORT WORTH, TEXAS
AND THE
TRINITY RIVER AUTHORITY OF TEXAS
STATE OF TEX,4S
COUNTY 01" TARRA P
C CONTRACT,AL3ES AC�K> F;CrLIa�l i 3 ma0e, eXEDcute( , and entered into
ga y of by and between t11e
City OF l`Ort Worth, (hereinafter referred to some*_I.mes as "City„) a
rnun=.cipal cOrperation located in Talr,rant County, Texas, acting by
Li.;ld through Lavin A. Ivory, its duly authov i zecl Assistant City Plana--
901:, axid the 'Trinity River Authori-Ly of 'pexzks, zl governmental agency
and a b xly Pol.itic and corporate, with i:kr; 17rinci.(,al office in Tar-
az=nt t >ur,My, Texan, creat.ad and funct.tort-ing under Chapter 518, ,Acts
of the 11e9U.l,ar Se,ssl.OZ1 of the 54th CE§c 1 Jcit1lY.t3, as anlecxsc ? (the
101y..1"L:hi1L7C�' :pct. "r' Pursuant 1`.o Arti.cj.@ AV'f.r ,`:'c::.'Y..A.titt1 59 Ca{ thc� Cct)lsti_. .r
tut i ot) C , wx a {#lea'u -ll re:fk-.C Ed to :a i "IaEI't':i{.lnt?f l
WHERLAS, The City ri "ort Worth hz,;"e Provided at its own
o xpexl6e, arld now Owns, t)l:]er:'s"dte.S and lit>A 3.n:.�ZCl� fc1.G'i�i.:'tP_£i fc)r .k K`C.y-^
<<as>;:ing ar1l distribuLing i large supply ;: ,['Vf.ao« water, Gallo act the
F
Present tIITE= is qualified an:l ck)l F.CJ SUYt7 Z.Sit oil"AL: r7
W ter, both within and witbOut the ca).porate i�oi.lrl:ia: ie� L tlic3 Ci±y
of eo.rt Worth; and
MiL;Rl•:AS, the AU`HDR-M h a prOvided cat:, it Ov l w..=l?e:;.s4 ,end now
ow;lt;, oP(!ta_eS and maintains the TaCrunt Co!_,nty W;t ::z supply
sect, for the ur ose of iaJn 1 r: }
P P l�'y, g t re_ted w t�.c r,<> iv< 1 i i F s w 1't t
, a
{aw<:iford, l.E.ci.ess,
.t
aril othe,c a; and
WHEREAS, during the summers oaf 198=1 an�1 E3 i5,
the pedio,l of
t:lne dining which the Authority 's Tacrailt County Water Supply Pro-
jest plant er:d facilities are being exF)atlrled from -'2MGi) to 'i7MGr,,
the AUl i''s requires an iddl i.tic)nal �yat_er 5E,!,ply to the ;.e .,eeds
of the Nu*_1,,:1 ity's five Custoiiler c.itie:_4, :,d the , ity
cari and des -rc:9 to assist the AUTHORITY ]li :ue�ti:acl th'01, 1,11 ,,'! ala3
I
CITY HER JARY
i FT. WORTH, la-1
WHEREAS, is ''HORITY has determined that the most economical
and timely sourcE < an ad.liti,onal crater supply to its system Lies
in purchasing treated water frox the City of Fort Worth, and
WHEREAS, cIfteL expa�',sion of the Tarrant County Water Supply
Project is cor,:p a+_ id s to the interconnection of the Author-
ity's and City of ForL Worth's sy-3tems, the AUTHORITY and (,-?.ty of
Fort Worth desire Lo assn each other:, t.o meet their future emer-
gency 'grater supply needs., and,
WHLREAS, it is deemed. to 'oe in the best interests cf both the
City of Fort Worth and the AIITHI)RITY triat they do enter into a rr:utu-
ally satisfactory agreement wbert-,t the AUTHORITY may, during; the
expansion, obtain a supply of treated water from the City of Font
Worth at. a reasonabie, rate and th,reafter bode the City of Fort
Worth anci the AUTHORITY may establish the conditions and basis of
compensati-on so that the City crf FOr': 'r^iorth and the AUTHORITY may
i
as,-3ist each other 'Lo meet. 't.hei- -Ft'Itura, w3meryency Wtli.er Supply .needy;
NOVI, I'HI R�, Or2E., K-Now? L,i � 's. BY
Than fcr and ir? cons3.c3r�r_ai,ir,r, c�,: t_he and
agr :,arr:crit:., cort.ai.ned rr, the ;',tv of Fort Worth and tlty AUTHOR-
ITY do hc.rel>y covenant and ,.yz aes t'o.i?Ob% i:
T
The "-'ity"—'it of F c.'t ilprtll ,.e cs tc, i , �I'- Gr., lie
�:U�'i;C]RITY Lreater3 vr-te,. of pctial,i� �:3u<eli.:.v T;.�E�tiT)c, ,t 4�n
1 f_ 1 ic__ealr
rr
r.;
gavrrnmental 5tc r.ds, aeli VC-rell ran;:-:r
t.
_._ling in the city o:- 7". -i_ vLr _ ;r .� ''J• f _ ,. <3 i�f ri.y>,_7�...��7, ja
r
Syste'r, at the point or pcirzts n- dam` 7 I�r � rrn.`.�r-i]l� � - -
AUTtIURITx` a,,,rc_es to a c^ti t. .:3f>> zvF„..r .,l c:r, ri ;r,,:�,.t ior:s :_
�rjreen�ent
and to pay for rite same in
--
�y
ti
'�S
i
Its accordance with the terms of Fort Worth City 5ecre:ary Con-
tract No. 12720 between the City of Fort Worth, City of Arlington,
City of Mansfield, Trinity hover °Authority and the Tarrant County
Water Control nd improvement District No. 1, this contract shall be
deemed subordinate in all .respects co the water requirements of the
contracting parties of said City Secretary Contract tIo. 12720 as
specified in Section 3 of tYlat can;rar_t.
If at any time during the term of this contract the furnishing
of water by the City of Fort Worth to the AUTHORITY shall be to the
detriment of water c.istomers witl,ir. the City of Fort Worth due to
constraints ot.he., than raw water deliVe'-y, or the City of Fort Worth
shall ration the use of water throughout the City or issue water
corl servat ion measures or restrict. the use of water in any way, then
and i;j t'tat. evert, the quantity or water furnished to the AUTIROPITY
will be .reduced in the same prop()r i;ion to the reduction in quantity
of water being furnished all ot!'E:X' customc> s served by the City of
Fort Worth in the same vicinity.
Other_ than constra.inta riule to raw water delivery, if t17e City
of Fort Worth shall ration the- use of water throughout said Cl.ty ors
issue water conservat.ivn measures er restrict the use of watel: in
u
ary 1,vay, the AUTHOR-TY shall:
institute and apply the same rat. ,aning, (70nservacion measures,
or restriction to the use of ,later by the Customer Cit.i.es of fi.1e
�UPHUItITY, so long as any part o:I' the water sup�i. r
-AUTHORITY is being Furnished by ttua Ci -v of ;r'art w rth, zand any
t
failure by the AU1'EIGtZI"?Y to comply with t}lir provision or the otl-,er
a
provisir-)ns r)f this agreement sliel.11 l;_ just C«u:;e for the 'it of
l
aCf.
Fort Flortll �.o discontinues the sale of war�a;- heruncier, �`{ �
it is :greed be-anen the 1'1-THURLTY �i4,y f ?ort a.�r�Y� tl!ac ia3t:i-r
will be furnished. only ._o each other ul�ie- c rr„>rc.tizn.y czor�ciit.ions as
hc-reinafter tiet forth in t.h..s
�r
a
2.
Emergency Use of'Water
Subject to the constraints in paragraph 3, at the request of
the Director of the Fort Worth hater Department or the Regional Man--
ager, Northern Region, of the Auti:or.ity, water may be supplied on an
emergency basis to either party: Prior to either party taking water
under emergency condit'-ons, the supplying party shall be notified
and approval granted if 'water is available. The determination of tae
extent that water is availah:ie shall be in the sole discretion of
i
the party who will provide; the water supply. Written notification of
Use and confirmation of the emergency, tag2ther with the ant_icip'ted.
duration Of tune of the emergency, shall be given Lo the supplying
party within twc (2) normal working days after the initial L)",e Of
water resulting from the. ems ,rgency condition.
The emergency use of yr<tter wi13. not e,,,f-.end more than seven (?)
calendar days without: E3riof written approval of tlzc aupp];yirg party.
Constraints
;a. Constraint N 1 City agrees and ac?<.::ow1r-:Iges that during the
a3
AUTHDRITy's Fiscal Year of. 19,94, AUTtIOR '1'Y is not capaR)le Gi
o�
furnist�i,:zg water to CitY un(3er, of the terms of this. AC-PXE-- „
MEN ;:cept for en.ec9en :y condition=.
a.
B.
Constraint No. 2 - City agrees and acY.naNlej. e,= that rlta's.<iinc� tY e
I
e �r�
AUTH'DRITY's Fiscal Y=ar r;t 15F�5: AUTHOttaTY i:s nor: cac'>a!-)_I of
fur-tishina water to :',i.i:y ,a;1]r ,*_": Li:za t2r111c; >>f this A(rltEF;--
• =
ML';ti'i F_';iCe�Jt Or ('Itl r�7°I1 CYr Cr,t7.iil_i Ons, UC].f-r'SS the .lal:'�'Eli�;�l���' ' , 4
facilities dre Fully dc_tr-r_
tr .
mines lf.sel.f cupab-lc_� ol�
I,t
n' _Cal �A Ph.- r'1iJ'iii,).�;'1` _ _� . _n_t�. L;t�• I;an,� -,alp. ��„ �,
irx �4:
araous,ts deLi.veu
-
« t
a ah- liL 0 delivery 24" w,s_i n ?it,•v��:L < 11_r_�r Roy:el shzi', t
n7)t ex;.oe._1 `<.`ilGt
r
Di
t
MENEWAV
D. Constraint No. 1 - The Authority agrees that. the maximum amount
delivered from the Fort Worth sycstam from the 2nd point of
delivery from the 36" Main on Bedford-Arlington Road shall not
exceed 5MGD.
E. The total r,=ixi!rum allowable shall not exceed, 5MGD r':gardles.s of
poil-,t of del the
i'leasu.ring Devices
(1 ) AUT!iGRITY steal L furnish, ir.stall., otie.rate, and maintain the
a
ne.eaFSry met-,rina of standard `ype for properly measuring
4
!_ho C1"Aa;zti'_y of wa' d,_-livered .1.nder this AGREEMENT. Suc" meterins, x ' �
equipment shall be w-)prove_,d by Cite in advance of installation, and '
shall be Ioc-:ted near or acljaceni, to the C? -y's supply main at a
location mutually a;reeable to both ,?ai tJ_es. Such meter and other
equipment so installed shall it-main the property of the AUTHORITY
�y shj.111, have access to I_hc mn `or ;;�.,1 equipmont at all
s<�5f
a =ascmzble t.i.fnss, ; Lt },e cal.e: st+tinl ind anjustm. c!I:
by the? of i_i_:, All records and
e
certi fzc .iou of caj ibrat`on dial i be to C"i.ty. For the
p!.lr ,vse of t'hi.& original record or reading of thy-
s ,v
��• 't; i b � -he i,,:Lf-cnal. Cr ro'Cier Y':J C.r i'.i C'Ot�IC of A� .,THORITY in its ,k�
mr. ec sh:�1� p=�
of:ti_c•>� in which the recor(13 of the emlplcyees or �4:g,�nts c)f AUTHDRITY r
I
wh) take +h-_ re.adi_ng are, or may "oe, t_r;az1spi:i1boI:1. Upon writ,1_41-1
request of City, AGTHGRITY will gave City a copy of suer journal or
record book, or permit City to have access t_,D the sane in the offic>=_
u'
yr AU'T'HORITY during reasonabl bu .i, e:sr tl ,;r The meter shall be
read and recorded monthly by /,L; `iIOR TY ., .:F. relld � R
zcri.ns.z fur;)_s ie� <,�
the City. pia ix
( )
%pair the erld of uch c .]. 'ze:�,. �::• *.: ;,11 +C1 1.. ia� 14
e
t))-ate its me'_er in tfl@ r)!: ::
(J 7r-les shall joini.-Iy of.iserv: any LIU ELI:;!_,_Zi:1.. .. _ _ .. , E.., J.i. s #
5
_he:k me,_er hereinaf'. ;�r pr,r,,i(]f-.A i:o_' I1 c1 FS ?Cl l i5 :4 1 Q, r` >ai'�
r
4
s
shall. be calibrated by City in the presence of a representative of
AUTHORITY and the ,parties shall. jointly observe an adjustment in
case any adjustment is necessary If City shall in writing request
AMIORITY to calibrate its meter AUTHORITY shall give City writtCn
notice of the time when any such calibration is to be made and if a
representative of City is not present at the time set, .AUTHORITY may
proceed with the calibLation Gnd adjustment in the absence of any
City rep:csentative.
(3) City may, at its option and its own expense, install :and
operate, a check meie,r to chc>ck tYte meter installer by AUTHORIy'Y, but
t.e- measurement of water for ti-ie purpose of this AVRELMENT shall be
solely by the AUTHORITY's teeter, except in the cases hereinafter
specifically provided to the contrary. Such check meter shall be of
t4,
Standard make and shall bn subject at. all reasonable times to
inspection and examination by .=rny employee or agent of the AUT3JOk--
ITY, but the reading, calibration and adjustment thereof shall be
made only by the City, r-xcept (9uring an % pexi �z when a check meter
may be used under the provisions hereof for measuring the amount o.t'
water delivered, in which ease the rf 2cdira-3, calibratlb,;n, and adjust-
'net-it thereof shall be made, by AUTHORITY with like effect a,:, if ca)ch
chec=< metes had b, en fur.-noshed (-r. -i.nst.al lel b.;- AUT!IORITY.:
(4) If either party to this r1GRIS1ti;h[v' at any time obverves a
variation between the r1UTHORITY's meter and the City's check meter,
ak
if any such check meter shall. be uc}Y �r+. wil"l
p Y prompt l.y
notify the other party, an,i the parties here .0 shah then t.coper.zte
to obtain an immediate cali.bratiun ct.s,. and joint c.bse.r,vatifar. cif a,t;tj x
arl justment anal the incorrect meter shall ', t
be adjuUtc to accur:;c;s, {'i
Each party shall give the other party fc:>rty-ei(pt !48) hours n ,t. .c-e r
of the time of ativ test thc meter cc ! ; a;_ o 'ter
n"
ientl.y may have a rep ra sent ative .reset .
(S) if, uron any tc�.;t, the of inaC,^.trrtcy 01' 7,UT'iuR-
iY`s metering eqL:ipinent is Fourtri i.;: 1,c. Iii axcess of two (2; r),7
cent, registration tlier.efor? shams,. bF rot°rya: tad hoi: a p,=-riCA �sxs nr,d-
ing i>=t.k Y.r the a:,ic wlI C.c, ,su
tS
•a
l
ascertainable. If such time is not ascertainable, then for a; period
extending back one-half (1/2) of the time .elapsed since the last`
date of calibration, but in no event further back than a period of
si:z (5) months. If, for any reason, the meter is out of service or
out of repair so that the amount of water delivered cannot be ascer-
tained or computed from the reading thereof, the water delivered,
through the period such mete: is out of service or out of repair,
shall be estimated and agreed upon by the parties thereto upon the
basis of the best data available. For such purpose, the best data
available shall. be deemed to be tho registration of the check meter
if the same has been installed and is accurately regi-sterina. Other-
wise, the best data available shall be deemed any other meters in
the transmission line or treatment plant which can be related to the
delivery meter. if no other meters in the system are operating suf-
ficiently to allow determination of delivered quantity, then the
amount of water delivered duri.rng such period may be estimated (i.) by
correcting the arror if the percentage o.0 error is ascertainable by
calibration tests or mathematical calculation, or (ii) by estimating
the quantity of water_ delivered by comparing it to deliveries during
the preceding periods under similar coridi.tions when the meter was
registering accurately.
E. UN11T OF MEASUREMENT, The unit of measurement for eater deli.
vered hereunder shall. be 1,000 gallons of water, U.S. Standard
LAquid Measure.
i
k•
F. DE],IVER PRESSURE. The water shall l-e del ivertt d 13y AUTHOr ET`s' at
AUTHORITY's existing pressure at the poi_ t of doli vety, ant] by �
City at City 's existing pressure at the of delivery.
�Y.
r tti;
During the AUTHOrtIPY'r., fiscal y,z.ars fn:: t984 and _
F3.
AU'CHORITY agrees to budget sufficient fi.ands 11.o pzr( the m_�n'h11
5
C113r<3e for wc.t2r SEBYviCC 117 wltf; �. �;:-QY"-!L>Hl %. 7r}lc' S4dl:8r
charge tc be paid by tiie I:UTHORPPY to the C-_`,; 'Worth
k
tl
shall be deemed a current expense of the AUTHORITY for each year of
this contract as such monthly charges become due and payable.
The monthly bill shall be due and payable at the office of the
Fort Worth Water Department on or before the 15th day irrmediately
succeeding the monthly billing date. Billing shall be based upon
metered quantities delivered from readings furnished by the AUTHOR-
ITY in accordance with Paragraph 4 hereof..
6>
DeSiniLions
"Annual consumption" is the total quantity of water purchased
under the terms of this ccntract by the Auliority during the fiscal
year of the City of Fort Worth as determined by the difference in �
the annual October meter readings.
"Average daily use" is the annual consompt.ion divide6 by 365.
"Maximum day demand" is the maximum quantity of water used dor-
i.ng one calendar day of the fiscal year of the City of Fort Vlorth.
"MGJ?" is million gallons per �I a_y.
"GPD" is gallons rec day,
"TGPID" is thousand gat_lcr,s per day.
"Fiscal year OE the AUTEtU1tI'i'"' the Eiscal year of the
AUTHORITY from December 1 through Notv(<.mr;er 30.
"Fiscal year of the City of L'r,;rt 'worth" is the fiscal year of
u,
the City of Fort Worth from October 1 through Septernber 30.
"Maximum hour demand" or "peak lhour rate" is the quantity of
:rater used during the one hour of the yc�ac when more water passed
through the meter or meters serving the cos tr rrer than durinca any �
ether dour of the fiscal year or the Cii.y of Fort Worth tnuitzpa.ifa�:i � <
Y i
by 2.4.
'C omillodlt'y' y Cl1Fi1'gC > _F:d'i, avr oi ti.'_Zr;.
€ x ~5'
gallon s used, rrgarn] of crlte o" usr: Th r i?ty CT).,_i
s.
include tae maintenance and ol.-)erat ior:
cost on the part or the pr.oi?uct:i or< and
to annual u:cg and t.;�e rrsr wat.e_ cost
r
8
y
"Raw water charge" is apart of the commodity charge and repre-
sents the rate per 1,000 gallons charged by the Tarrant County Water
Control and Improvement District No, to the City of Fort Worth for
raw water to be sold to the AUTHORITY plus eight percent (B ) of
said rate, representing :Fort Worth water system losses of four per-
cent (4%), and the street rental charge of four percent (4%) .
"Rate of use charge" is the fixed charge determined for the
maximum daily demand in excess of average daily usage and the maxi-_
mum hourly demand in excess of maUmum day demand rates of use.
"Lase rate" is composed of the commodity charge, and the rate
of use charge.
SECTION 7
WATER RATE PROVISIONS
A. METHOD OF RATIO DETERMINATION. The annual rate charcte by the
City to the AUTHORITY for rendering water service under the
terms of this Contract during the Authority's 1984 and 1985
fiscal 'Year, shall be rased upon the functional distribution of
the total annual cost inrrurt:ed in furnishing treated Water to
its customers, provi_tled that nothing herein shall he construed
i
ae cortemp'�ating an annual rate of leas than the regular City
j
water only rate, plus ten percent. (=t0%) of said rate,
BJ RATES TO ICE USED, The ann+_i al sate during tho. AU`.l`HOLI.U 'Y`s 1984
and 1985 :fiscal ye�ir, to be char,,ee; to the .AUTH0",I't'Y by the
City for water shall incluie the proper proportionat-e- panto-; of
the maintenance and opercition r os-1. as related to the protluct'.inn �.
and transmission facilities cost. (fixed charge:;) on they proJuc--
ti,,?n an3 transmi.ssior; plant ra)_-ated 1_o thy.
P
maximum withdr- d_:':_ rntrrs of u,,c i-,y t},c i0J`t'H')riI7"r. ,:m+.J t]-,e raw
4.r
wator costs,
The charges shall_ be as fol.l_ows:
a
y
( !-) The corrunodi*y charge shall. :::e ,' 5_'.46 ncar i,000 qri .
a
withdrawn ry the AUTHOR.[Pi
G#
`s
J
a.
L
(2) The annual charge per MGD of daily demand in excess of
average daily demand shall be $46,900 per ?4GD and maximlzm
hpur demand in excess of the maximum day demand shall be
$23,400 per MGD.
C. ADJUSTMENT Or RATE, The amount charged for raw water shall be
increased or decreased proporti.onatel'y when the raw water cost
paid by the City for water avail..-yule for treatment and sate to
the FJJTHOR1T'I is increased or decreased. This increase shall
include, an adjusttne.nt -"`:)r ysLem losses.
SECTION a
PAYMENT PROVISIONS
Payment of Charges to the City for water used by the AUTHORITY
shall be made as follows:
A, Minimum Annual Payrerlt shall bE: hasr-_d upon 2MGD average daily
use.
B. Itari,mum Rate,- oz Jelive _y from Point 1 is 2MGG and Point. 2 is
5MG1) wit;: a total maxi.mul.A oL 5MG1':.
After the AUTHORITY'S f i.::c �i. years of 1934 and 1965, when
either hart, supi>Liw_s tl-te clthcr wiih r°atFr for emc.r_qenr_y use:, tliE;
pa ty which receives the elne*rgoncy water shall, repay tl e svpnZyinr�
party with an equal ivanti.ty of water, aithoui: monetary cost, which
repayment shall be accomplislIE-1 within the twelve (12) mornth period
following the end of tlle enterclency
s
The delivery of water being rwpciiol ;h,i1l ,,e m,,?dst.i.red tlaa_ough
P
the AUTHORI`I'Y's meter described abcvE=. '111t time o:,` delivery of said s
a
a+_er. >i.a1l be at all. ti;lnes mutually q, o(.l :Ip-n b.y tl.c p"rt.i�s.
i S-
C. \ 1 C"' ;
C, Tl-,-a monthly payment, during the r,t.�1`ilC3ir,_T i "s �g4 anti I`),_3 y Li:; - ,
P
al year, shal.l L �1:....11atl5 at ti t:
H 1 � c
r;_ s�A.;i rate �w:nisi'; a.il,.lu�ic'� the �-,1�, .,1G�r ! < _� ��a•
.4Q.'iy i
P1.U5 R f r•
for tIl'-:, f�'.i c.11-F,.1.'.:) fl{_ C•1 i3 t',r>:': l�'li 1�._.,: ., � c+.
h
from i1crth syst.,;�tn 'uri:ia_ 1-iar mr:,tl!-h. IE.
t
i
4kb
(
9.
t
B jA jEg-Date
The initial billing date under this contract shall be the fif-
teenth (15th) day of the month following the month in which water is
first delivered to the AUTHORITY under this agreement.
10.
Life of Contract
The life of Chis contract shall. be cor ten (10) years from the
date of execution hereof, and may be renewed upon terms mutu,il.ly
agreeable to the parties hereto,
11.
RIG!-iTS-OF-WAY
The City shall grant to the AUTHORITY such easements and `
rights-of-way along public highways or other property owned by t.1-le
City as requested by the AUTHORITY and approved by the City in order
to r_onstruQt facilities to serve both the City and the AUTHORITY
1-2.
State Health De ar; n+ent ,Approval
y� The w,:iter system Of tlae r UTPOR11PY shall be approved by the
Texas Department oil: health during the l.if°e of this contract. If at
:any time the water system of -qe AU'0j,0RI`.{'Y i_5 not a:pprgvr c;
' Y
Texas Department of Health, there sfl�a1J_ not be �_iny clircc.t physical
connection between the 1'or-t VJa.rt]i watt-T systc-m ancl the AUTHIDEI'P`c: 4
r
water system unless an apprc; ,=d backflow pceventi:,7n tieviCe has beer, + nr
t�
provided and instal-l-ed and {--his instal i �.c.:i 1°ras bernn appro raei h`I
e
the Texas Dep&rtmertt of Heal.t_lr, a
�ss
13,
r r;
If, by reason of force
-andered unable, wl.ol.]-y or._ i.rz
<-
-
r '
under this agreement., oti,e� than + a
y
'Ls
5'+
S:
mak> payments required Lander the terr,,s hereof, then if Stich party
shall give notice and fu7.1 par=.icular.s of such force majeure in
writing to the othe-r party within a reasonable time after the oCcur--
rence of the event or caase relied can, the obligation of the party
giv.i.rlg such notice, GO far as it is af,ected by s ..h force majeure,
shall t>:= suspencded Jur.i.ng the co.t_inaance of the inab.ility then
c�laimec'r
but for no Longer pei�iocl, r_>.nc; such arty sY,--.1.1 endeavor -try
rei;iove ur Overcome such inability with all r;-.asonable dispatch. �
The. term "force rnajetare", as employed herein, shall m-an arts
of t,oci, strikes, lackouts or other industrial disturbances, acts of
Public enemy, orders of a-rry k r d of the Government of the United
the State of Texas, or anv civil or mi.7"it<ary authority,
Stl5l7 L"L G�:?"_lOP.r riots, e.'pideInics, L=111-'_l$) : t:�E:.-3r !.1� htn3.I1CJ, FfiYtflCi l,1 }'$�
s 'u- Fires, hurricanes, i U1:;p?s, %I a"3hOut s, Jroughts, arrests,
restrainr:,s of gor.'ernment arrd people, civil disturbances, expic»zone,
accidents to ,;!cl,7C'11.r1f:r`;t, y�lC�1.1.tle�a C,r Cancels, partial ur
entire failure of w�,�t_er: :�f,ply, earui ina.i;'i1-ity nn the part of the
pp
i ' Cit.Y Of Worth (�7I - . j u3 am r
party to L'.'.°C'FJve wat.e-r h0t'eUndE3?' can of any other crjuses taU'c g
reasonably withi,l thEa contr.-a). Of the n:arty c'aiming such inability. cf
'm
COST 0E, iMPY.(:>V JI NT a
AUTHORITY shall he resnonsi b e For a.nd sh) 111 o<,v f`„ l c:nsts
0' all i rnprovement- installed by AUTifORI 't x�-,r frarni5':iinfY a.�rf
y�r
metr_ri_ng of water furni.sl;ad trwr �,,-:t CI
c-,r, y t
t ,J
' aR
fy.,3, lar
utC_rl"wo;i_S
a "
'Ibis rAGRE!,IAE T Rtay
City .atvi
r-E
f�w
r'
Notices
All notices or ccmmunications provided for herein shall be in
writing or, if an EMERGENCY exists, verbally, with follow-up in
writing, delivered to City or AUTHORITY, or, if mailed, shall be
t
sent_ by Certified Mail, postage prepaid, addressed to City or
AUTHORITY at. the following respective addresses=
TRINITY RIVER AUTHORITY O° TEXAS
5300 South Collins
P. 0, Box 240
Arlington, Texas 76010
Attention: Regional Manager, Northern Region
CITY OF FORT WORTH
1000 Th rock morton St_reut
P. O. Box
Port Worth, Texas 76102
Attention.- Di.rectoc the P'or-c Worth Water Department
17,
se.vera:rility
The parties hereto agree that if any of the provisions of this
AGREEMENT should be or be held to be irivalid or to contravene the
laws of the State, or the United States, �- ich fact shall not invali-
date the whole AGREEMENT, but it shall be construed as though aryl � {
Mir
containing those particular provisions, z,rfd the rights and obliga--
tions of the parties shall be construed anti ,<,,,iiain in force accord-
t
ingly.
F;}
18. u
Delc_gat,..i_ran of--?s ir,n!ne_ r.
'This AGRELMENT shall n-)t. 1-,ca ii:;oe- cr' s
_ Yr
in part without the ',written consent of hr:j_h P JTNORli and city.
i
f
i9.
Place of Performance
All obligations to be performed under this AGREEMENT shall be
performed in Tarrant County, Texas. in the event that any legal pro-
ceeding is brought to enforce this AGREEMENT, or any provisions
hereof, or for damages for breath of this AGREEMENT, the same shall
be brought in Tarrant County, Texas.
20.
Termina-,ion
Fither party, with ninety (90) clays prior written notice, may
terminate this AGREEMENT. In the event o' such termination, the lia-
bilities for payment accrued to the date of the termination shall be
determined, and prompt remittance shall be made to the other party,
under the terms or this ACYREEMENT; however, the minimum payments of
2 MGD will remain in effect through November 30, 1985, to offset
comirtitments made by the City to furnish water to the AUTHORITY slur-
ing the summers of 1984 and 1y85,
After November 30, 1985, upon nota.ca by either party to te-rml-
pate this agreement, if eithQr Party bias re-reived an emergency water
supl,zy from the other, that has not boen repaid in kind, the receiu-
i.ig party shall deliver an equal quanti,-.y of ,•�ac��r_ rr the Supplier
witnin the 90 day notice period.
21.
Lec3a1. construction
In case any one or more of the provisi.;)ns contai-neci in t_h .=
AGREEMENT shall be for arry r.ea.,on held to br itzvali-d, il.lccr�l., car
unenforceable in any respect, sucli i.n•,-al i_ lity, illequi.ity, or u ;e n- k`?
for.ceabi-1i*_y shall not a{'£ect any othel, isi n; er ec,f an.-- n $
ICUN`VRAC i' shall be c t e ' f � �N,
ons ru ., r3s i. �uc �� i nv<:li�l, _te;;��; , >:- u �a.- ;.,
forceable ovisions had never beent
4
ti
X
IN TESTIMONY WHEREOF, after prober action by the respective
governing bodies of the parties hereto, we have caused these pre-
sents to be executed in quadruplicate copies, each of which is con-
sidered to be an original and the seals of the respective parties to
be hereto affixed on the date above written.
A'?"PEST: CI`1'Y OF FORT WORTH
. Davis? A. Ivory, A,-iista t y ii;-eager
City Secretary
APPROVED AS TO FORM AND 1,EGAU,ITY:
A$4+,City Attorney
r LD pgrav R <><?SstPSS:ASL)FfJs
Mich d lYawe�
Director
v'
Fort worth water Department
ATTEST: TOLNITY Ll -
Bv, IsU'THO T OF TEXAS
t
/ �O
a
r r 4
J. Sam Scott, Secretary to Danny F'. ic Cr r .!ra1 Maraaer g
f. t Y
the Board of Directors
c-:
by.;
APPROVO BY CITY COU1tCI1.
��)2
--<�. u7•.i VZi;q 9C2`eti1T$r ,s
U3t9
a
City For part ., ` exas
i
Mayor and Council o . c on
OAT[* REFERENCE ausjEcr: Trinity River Water Sale and I PAGE
8/7/84 (.:_8522 F,luCrgency Supply Connection
Background
The Trinity River Authority of Texas is in an e:,�panslon phase of i.t!3 Sdater
r >ataiazxt Plant located on Mos.ier Valley Road at House Anderson Road. As the {
plant is in the construction phase, TRA has t:equested to purchase water from I
the City of Tort Worth on a temporary basis. The amount of water is to be not
asore than 5MGD and not less thEirt an average of 2MGD for the remainder of 1984
and 1985.
It: is also propised that a connection be made between the TRA plant and a Port
Worth Water Line in Mosier Valley Road to PrOvidel future emergency water for
Fort Worth as well as to TRA. These (connections will be built by TRA, a! no
cast to the 'City of Fort Worth.
Rates
The rate for the water supplied to TRA would be the same as other customer
cities with the provision that the rate would not be less than the rate charged
the City of Port North customers plus 10%,, t
Restrictions
TRA would be subject to the same conditions for restrictions of water use as
would aapply to similar -ustomers in Fort Worth should such action became neces-
nary.
Life of Contract
The terms of_the contract are 2 years for water ;tales and 10 years for emer-
gency supplies.
!!!
Recommendations
It is recomm-ended that the City Council; ,'i "r,>iJ .D BY
I. Authorize the City Manager to execute the contract under w t I "
Y
vice will be provided to the Trinity River Authority of Texas for two
years, and;
2. Authorize the connections for providing water both to TRA//'07`-.gr
future emergency coaditi.ons;
3. Authorize the City Manager to execute the aint Use Agvre-eme'
J rtt w .tYl .ihe
Trinity River Authority for a transmission extension to the Fort_ Worth 24"
water main on Mosier Valley Road and a transmission extension to t-he 16"
water main on Bedford-Arliagton Road. e VV
DI:pence i
l
-. ._.._
SUB MIT TED OR y
CITY MAN OISPOSITIow By COUNCIL s°H OCE.SEft BY '
r)FFl('F Et' 4I�nA0+/EU 4
ORIC.IP4 A!-INU OTHER (,3FSCY)8E)
0FPARTMFVT HFAU Ri<,t&Aard Saws I
t t.;:T1 S CF7F'4eii t
FOR l+OOI T I NA_ !NFORMA-OP
Coll tACT ._ ,__Richard Sawey _fix, 8220