HomeMy WebLinkAboutContract 15776 CITY SECRETARY
OUNTRACT
CONTRACT FOR WATER SERVICE BETWEEN
THE CITY OF FORT WORTH, TEXAS, AND
THE CITY OF SOUTHLAKE, TEXAS
STATE OF TEXAS
COUNTY OF TARRANT
This contract and agreement is made and entered into this
day of 19 by and between the City
of Fort Worth, a�/` municipal corporation located in Tarrant County,
Texas, acting by and through Douglas Harman, its duly authorized City
Manager, and the City of Southlake, a municipal corporation located
in Tarrant County, Texas, acting by and through Charles Curry, its
duly authorized Mayor Pro Tem.
WHEREAS, on the 30th day of March, 1984, the City of Fort Worth
and the City of Southlake entered into a contract, same being Fort
Worth City Secretary Contract No. 13645, providing for the supply of
potable water from the City of Fort Worth to the City of Southlake;
and
WHEREAS, the City of Fort Worth and the City of Southlake desire
to amend certain terms of said City of Fort Worth City Secretary
Contract No. 13645;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, for and in consideration of the mutual covenants , promises
and agreements contained herein, the City of Fort Worth and the City
of Southlake do hereby covenant and agree as follours :
1 .
Terms and Conditions
The City of Fort Worth agrees to furnish and sell to the City of
Southlake treated water of potable quality meeting all applicable
governmental standards , delivered under the normal operating pressure
prevailing in the City of Fort Worth 's Water Distribution System at
the point or points of delivery mutually agreed upon. The City of
Southlake agrees to accept delivery under the conditions of this
agreement and to pay for the same in accordance with the terms here-
of.
In accordance with the terms of Fort Worth City Secretary
Contract No. 12720 between the City of Fort Worth, City of Arlington ,
City of * Mansfield, Trinity River Authority and the Tarrant County
Water Control and Improvement District No. 1 , this contract shall be
deemed subordinate in all respects to the water requirements of the
above contracting parties as specified in Section 3 of that contract .
Other than constraints due to raw water delivery, if the City of
Fort Worth shall ration the use of water throughout the City of Fort
Worth or issue water conservation measures or restrict the use of
water in any way, the City of Southlake shall institute and apply the
same rationing, conservation measures or restrictions to the use of
water by the customers of the City of Southlake, so long as any part
of the total water supply of the City of Southlake is being furnished
by the City of Fort Worth, and any failure by the City of Southlake
to comply with this provision or the other provisions of this
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agreement shall be just cause for the City of Fort Worth to dis-
continue the sale of water hereunder.
The City of Southlake is served at the City of Fort Worth 's
Beach Street ground storage reservoir site. In the event that the
Fort Worth system capacity is unable to meet all of the wholesale
demands at the Beach Street ground storage reservoir site, the City
of Southlake agrees that the available capacity (for wholesale cus-
tomers ) will be allocated among the wholesale customers making demand
on such site based upon the percentage of the total annual use of the
site that wholesale customers used during the immediate previous
fiscal year .
2.
Location and Maintenance of Measuring Devices
All water furnished under this agreement by the City of Fort
Worth shall be measured by one or more suitable meters equipped with
continuous flow, chart-recording devices and transmitting and receiv-
ing equipment. All meters and equipment shall be approved by the City
of Fort Worth and shall be installed by the City of Southlake at the
meter location.
The City of Southlake shall furnish, and the City of Fort Worth
will install, the receiving portion at the control center and shall
operate the meter after installation.
The City of Southiake shall pay for all metering equipment,
including transmitting equipment and appurtenances, plus the instal-
lation and maintenance cost thereof and replacement when necessary.
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Charges for the telelink line, as well as the power to operate same,
shall be billed to the City of Southlake on a monthly basis .
The point or points of delivery of treated water by the City of
Fort Worth shall be the meter vault connection to the customer 's side
of the meter, and all necessary mains and distribution facilities
from and beyond said point shall be furnished by the City of
Southlake.
The location of each meter shall be mutually agreed upon by and
between the parties hereto, and the meter or meters shall not be
moved or relocated except by mutual consent.
The City of Southlake will pay 100 percent of the cost of the
connection to the City of Fort Worth system and the cost of the meter
installation, including telemetering equipment to Fort Worth control
center for maximum hour and maximum day determinations .
Each party hereto shall have the right to test the meters and
appurtenances at any time by first giving the other party notice of
its intention to make such a test. No meter shall be adjusted,
changed, or tested in place or elsewhere, unless the party intending
to make such adjustment, change or test shall first give notice to
the other party of this intention and thereafter give reasonable
opportunity to the other party to have representatives participate in
such test, change or adjustment. All meters will be property sealed,
and the seals shall not be broken unless representatives of both
parties have been notified and given a reasonable opportunity to be
present .
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Either the City of Southlake or the City of Fort Worth, at its
own expense, may install a check meter to check or measure the volume
of water passing the master meter, provided that, if such check meter
is installed, the same rules and regulations relative to its
operation, maintenance and reading shall apply as to the meter being
tested.
3.
Meter Reading and Billing
The City of Fort Worth will read all meters provided for herein
at monthly intervals , and the parties to this agreement shall have
free access to read these respective meters daily, if either party so
desires. It shall be the duty of the parties to give immediate
notice, each to the other, should any meter be found not functioning ,
and upon such notice repairs to such meter shall be made promptly.
Whenever it is evident that a meter has not registered accurately for
a period of time, the quantity used shall be estimated in accordance
with the usage under similar conditions for an equal period.
The meter readings and rates of flow shall be added together
when more than one meter is in service and the sum thereof shall be
used for the purpose of calculating charges for water use.
A review of water usage amounts by the customer for the past
twelve ( 12) months shall be made during the preparation of the
October bill eaCh year . The October statements shall be prepared so
as to reflect any and all rates of use charges which have not been
previously billed and paid. A copy of the rate of flow charts or
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other records showing the maximum day and the peak hour of the year
shall be furnished to the customer with the October billing .
The City of Southlake agrees to appropriate annually sufficient
funds to pay the monthly charge for water service. The water charge
to be paid by the City of Southlake to the City of Fort Worth shall
be deemed a current expense of the City of Southlake 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 immediately
succeeding the monthly billing date.
4 .
Definitions
"Annual consumption" is the total quantity of water purchased
under the terms of this contract by the City of Southlake 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 consumption divided by 365.
"Maximum day demand" is the maximum quantity of water used dur-
ing one calendar day of the fiscal year of the City of Fort Worth.
"MGD" is million gallons per day.
"GPD" is gallons per day.
"TGPD" is thousand gallons per day.
"Fiscal year" is the fiscal year of the City of Fort Worth from
October 1 through September 30.
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"Maximum hour demand" or "peak hour rate" is the quantity of
water used during the one hour of the year more water passed through
the meter or meters serving the customer than during any other hour
of the fiscal year of the City of Fort Worth multiplied by 24.
"Commodity charge" is that part of the rate charged for 1 ,000
gallons used , regardless of rate of use. The commodity charge shall
include the maintenance and operation costs, the capital facilities
cost on the part of the production and transmission system related to
annual use and the raw water cost.
"Raw water charge" is a part of the commodity charge and repre-
sents the rate for 1 ,000 gallons charged by the Tarrant County Water
Control and Improvement District No. 1 to the City of Fort Worth for
raw water to be sold to the City of Southlake plus eight percent ( 8% )
of said rate, representing Fort Worth Water system losses of four
percent ( 4% ) , and the street rental charge of four percent ( 4%) .
"Rate of use charge" is the fixed charge determined for the max-
imum daily demand in excess of average daily usage and the maximum
hourly demand in excess of maximum day demand rates of use.
"Base rate" is composed of the commodity charge and the rate of
use charge.
5.
Rates
1 . Method of Rate Determination
The annual rate charged by the 'City of Fort Worth for rendering
water service under the terms of this contract shall be based upon
the functional distribution of the total annual cost incurred in
furnishing treated water to its customers, provided that nothing
herein shall be construed as contemplating an annual rate of less
than the regular City of Fort Worth water only rate, plus ten percent
( 10%) of said rate.
2. Rates to be Used
The annual rate to be charged for water shall include the proper
proportion of parts of the maintenance and operation costs as related
to the production and transmission facilities of the total Fort Worth
system, the capital facilities cost (fixed charges) on the production
and transmission plant related to the rendition of service at maximum
withdrawal rates of use by the City of Southlake and the raw water
costs .
The charges for the initial period of the contract shall be from
the date of its execution through September 30, 1987, have been com-
puted as follows:
The commodity charge shall be $0. 8517 per 1 ,000 gallons
withdrawn by the customer.
The annual charge per MGD of maximum day demand in excess
of average daily demand shall be $46 ,900 per MGD, and
maximum hour demand in excess of the maximum day demand
shall be $23, 400 per MGD.
The service charge shall be $25. 00 per month per meter.
3 . dustment of Rates
a . Raw water
The amount charged for raw water shall be increased or
decreased proportionately when the raw water cost paid by the City of
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Fort Worth for water available for treatment and sale to the City of
Southlake is increased or decreased. At the time of execution of the
contract , the rate, including four percent (4%) for system losses and
the street rental charge of four percent (4%) , to the City of
Southlake is $0.8517 per 1 ,000 gallons. The portion of the raw water
charge which reflects system losses shall be adjusted in the same
manner set out in subparagraph b. below in accordance with the actual
experience during preceding period.
b. Commodity charge and rates of use charges
The rates shall be reviewed and adjusted every five ( 5)
years. The cost related to the production and transmission function
of the treated water to the Fort Worth city limits in the wholesale
quantities plus a service charge shall be determined in accordance
with the methods herein . Such cost shall be projected through the
City of Fort Worth fiscal year 1991-1992 to establish the fair rate
for water to be charged during the period October 1 , 1987, to
September 30, 1992. The adjusted rate shall be made effective
October 1 , 1987.
A similar review and rate adjustment shall be made for each
succeeding five ( 5) year period for the term of the contract. While
these charges are designed to recover projected costs for five (5)
year increments , it is anticipated that at some future date a rede-
sign cost recovery will be effected which will allow for annual bill-
ing requirements.
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6 .
Payment for Water
Payment of charges to the City of Fort Worth for water used by
the City of Southlake shall be made as follows:
1 . minimum annual payment
The minimum annual payment shall be the charges computed for all
water delivered by the City of Fort Worth to the City of Southlake
during the fiscal year based on rates provided herein. However, the
minimum annual payment shall never be less than the payment calcu-
lated on the basis of the volume of water taken and the highest maxi-
mum rates of withdrawal during any fiscal year.
2. Maximum rate of delivery
The- rate at which water is withdrawn from the City of Fort Worth
system by the City of Southlake shall be regulated by rate-of-flow
controllers , pumps, or other approved methods . The rate of withdrawal
shall be controlled so that the maximum rate shall not exceed 1 . 35
times the "maximum day rate" of withdrawal experienced during the
previous year unless the City of Southlake has notified the Director
of the Fort Worth Water Department in writing at least six (6) months
prior to the date of the anticipated increase in maximum rate of
withdrawal and is furnished all pertinent information regarding the
proposed in-crease in maximum rate of withdrawal to the Director of
the Fort Worth Water Department and said Director has given his
written approval thereof , except the said Director may waive all
notice requirements if, in his opinion , said notice is not necessary
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to protect the interest of the City of Fort Worth. However, this
provision shall not be enforced based upon rate of withdrawal of
water in 1985 and the first six (6) calendar months of 1986. All
experience calculations shall not be effective until July 1 , 1987.
3. Minimum monthly charge
The minimum monthly charge will be the charge computed for all
water delivered to the City of Southlake during the applicable cal-
endar month based on rates provided herein.
4. Monthly payment
The monthly payments shall be calculated at the regular City of
Fort Worth rate plus ten percent ( 10% ) of said rate (which includes
the raw water costs) plus the service charge, for the quantity of
water withdrawn from the Fort Worth system during the month.
5. Annual payment
The actual total annual payment for water by the City of
Southlake shall be related to the annual and peak volumes used by the
City of Southlake during the fiscal year, as determined by meters,
flow recording devices or other approved methods, subject to the
minimum annual payment provisions set forth above. The October bill
shall reflect any necessary adjustment to the annual payment due to
actual rates of withdrawal from the Fort Worth system.
If the initial period of use of water by the City of Southlake
under the terms of this agreement is less than a fiscal year, the
annual rates of use charges shall be computed in the proportion that
the period of use bears to the fiscal year.
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The method of computation for determining the total annual pay-
ment and the October bill is shown using the same quantities in the
example that follows .
Example
The City of Southlake will buy all water required to fulfill its
additional supply needs from Fort Worth . The rate used in the example
is based on the City of Southlake not being in Tarrant County Water
Control and Improvement District No. 1 and water being withdrawn at
one metering station.
Usage Month Usage per Month-Gallons FY 187
October 1 ,000 ,000 $ 1 , 145 . 14
November 1 ,000, 000 1 , 145 . 14
December 1 ,000 ,000 1 , 145 . 14
January 1 ,000, 000 1 , 145. 14
February* 11000 ,000 1 , 145 . 14
March 2,000 ,000 2, 243. 28
April 3,000 ,000 3 , 123.28
May 3,000, 000 3, 305.44*
June 3,000 ,000 3 ,305 .44*
July 3,000 , 000 3, 305.44*
August 4, 000, 000 4, 185. 44*
Subtotal 23,000 , 000 $25, 194 .02
September 3,000 , 000 $10,778. 90
Total 26,000 ,000 $35,972.9_2
*Summer Rate in Effect
Average daily use for the year 71 , 233 gallons
Maximum day for the year 200 ,000 gallons
Maximum hour for the year 520,000 gallons per day rate
Maximum day rate above average daily use = 128,766 gallons per day
rate
Maximum hour rate above maximum day rate = 320,000 gallons per day
rate
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Annual Payment Calculation FY '87 Rates
26, 000 X .8517 $22, 144 . 20
. 1288 X $46,900 6,040.72
3200 X $23,400 7,488 .00
12 X $25 X 1 300.00
Total Annual Payment $35,972.9_2
Previous Billings for usage
October through August 25, 194.02
September Usage Billing _$10,778. 90
6. Capacity at Beach Street Reservoir
The City of Fort Worth agrees that, other than in times of water
shortage due to the lack of availability from the source, it shall
always maintain sufficient capacity and storage of water at the Beach
Street Reservoir to provide water to the City of Southlake at the
maximum rate of delivery as established by Paragraph 2 of this
Section 6 , but at no time less than 2. 8 million gallons per day. The
City of Fort Worth further agrees that, if the Minimum Annual Payment
as calculated herein is based upon a flow rate greater than the
Maximum Rate of Delivery, as calculated herein, it shall maintain
sufficient capacity and storage of water at its Beach Reservoir to
provide water to the City of Southlake at the rate of flow used to
establish such Minimum Annual Payment.
7.
Effective date of contract for billing
The effective date of this contract for billing purposes shall
be the fifteenth ( 15th) day of the month following the month in which
water is first delivered to the City of Southlake under this agree-
ment.
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8.
Life of contract
The life of this contract shall be for fifteen ( 15) years from
the date of execution hereof and may be renewed on terms mutually
agreeable to the parties hereto.
9.
Rights-of-way
The City of Southlake shall grant to the City of Fort Worth such
easements and rights-of-way along public highways or other property
owned by the City of Southlake as requested by the City of Fort
Worth in order to construct and maintain water mains or facilities
with the City of Southlake to furnish water to the City of Southlake
and other areas . All work done by or on behalf of the City of Fort
Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar nature
performed within the City of Fort Worth.
10.
State Health Department Approval
The Water System of the City of Southlake shall be approved by
the Texas State Department of Health during the life of this con-
tract. If at any time the water system of the City of Southlake is
not approved by the Texas State Department of Health, there shall not
be any dire--t physical connection between the Fort worth Water System
and the City of Southlake water system unless an approved backflow
prevention device has been provided and installed and this installa-
tion has been approved by the Texas State Department of Health .
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Resale of Water
Southlake agrees that it will not share facilities for water
system use with any other governmental or corporate entity outside of
the present certificated area of the Southlake Municipal Water
System, commonly known and referred to as its service area, without
the express written consent of the City of Fort Worth, which consent
shall not be unreasonably withheld, provided, however, that Southlake
shall be permitted to transport water for the City of Keller pursuant
to an existing agreement between Southlake and Keller, a copy of
which is attached hereto as Exhibit "A" , through facilities also used
by Southlake to transport its water from the Beach Street Reservoir
to the 'City of Southlake, and no prior approval thereof shall be
necessary. Further, Southlake agrees that it will not enter into any
resale or transportation agreement other than as a part of its normal
offering and supply of water to existing and future subscribers to
its water system. Existing connections outside of the Southlake
water system shall be allowed to continue.
12.
Sanitary Sewer Facilities
The City of Southlake agrees that adequate sanitary sewer
facilities will be provided for users of water obtained from the Fort
Worth system by continuation of an ordinance requiring , as a minimum,
one ( 1 ) acre residential lots and private septic systems. Should such
private septic systems prove inadequate and constitute a public
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health hazard or should higher density development be approved, then
the City of Southlake agrees to provide or make arrangements for an
adequate sanitary sewage system.
13.
Eagle Mountain Water Treatment Facility
The City of Southlake agrees to assist the City of Fort Worth in
obtaining financial assistance for the Eagle Mountain Regional Water
Treatment Facility.
14.
Minimum Water Supply Guarantee
Notwithstanding Section 1 of this agreement, the City of Fort
Worth agrees that the level of water maintained in the Beach Street
Reservoir shall be sufficient to allow the City of Southlake to with-
draw the greater of 2.8 million gallons of water on any given day or
the amount that is calculated in Paragraph 6 of Section 6 of this
agreement , unless the City of Fort Worth has instituted water ration-
ing to its customers . The City of Fort Worth further agrees , notwith-
standing the foregoing language or the language contained in
Paragraph 6 of Section 6 of this agreement, that so long as water is
available at the Beach Street Reservoir site, the City of Southlake
shall be permitted to withdraw water in such quantity as it so de-
sires, except in instances of water rationing .
15.
Additional Parties
The City of Fort lKorth will use its best efforts to provide an
adequate water supply for all of its customers, including those com-
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munities served from the North Beach Street site. Prior to the
approval of additional contracting parties (customer cities) to be
served either directly from the North Beach Street site or indirectly
through existing customer cities served from the North Beach Street
site, the City of Fort Worth will cause to be conducted such engi-
neering studies as deemed appropriate to provide reasonable assur-
ances that the projected five-year water demands of the then-existing
customer cities so served and the proposed additional contracting
party can be adequately fulfilled. After conferring with the then-
existing customer cities regarding water demand projections, the
decision by the City of Fort Worth regarding additional contracting
parties will be final and in no manner alter any rights and obliga-
tions of" either party to this contract.
It is understood by both parties that the capacity of the
delivery facilities to the North Beach Street site are limited and
that in the future concurrent demands may exceed the system's capa-
bilities . Nothing contained herein shall be construed as imposing any
unconditional obligation upon the City of Fort Worth to supply any
water in excess of the system capabilities .
16 .
Additional Water Supply
_JNeeds
Notwithstanding any provision to the contrary contained in this
agreement or in the prior agreement between the City of Fort Worth
and the City of Southlake, it is agreed that if the City of Southlake
should have additional water supply needs in excess of the amount
which the City of Fort Worth is furnishing pursuant to this agree-
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ment , the City of Southlake shall first request, in writing, that
the City of Fort Worth provide such additional supply needs , and
if the City of Fort Worth either rejects such request in writing
or fails to agree to such request in writing within forty-five
(45) days of receipt of the written request from the City of
Southlake , the City of Southlake shall be permitted to obtain such
additional water supply needs from other sources . At any time
that the City of Southlake obtains additional supply needs from
sources other than the City of Fort Worth pursuant to this provision,
the City of Southlake shall be allowed to continue to purchase
such additional amount so long as City of Southlake desires , without
jeopardy to this agreement even though the City of Fort Worth may
subsequently become able to furnish such amount of additionally
needed water . This provision shall not otherwise affect any other
obligation of the parties to this agreement other than as to the
additional amount of water obtained from other sources .
17 .
System Development Charge
In the event City of Fort Worth adopts an ordinance which
will provide for a system development charge for new development
within the jurisdictional limits of City of Fort Worth , City of
Southlake agrees to enact a similar ordinance . City of Southlake
further agrees that it shall not impose a lower charge than that
contained in the City of Fort Worth ordinance . It is understood
that this system development charge represents the proportional
cost of additional water facilities capacity required as a result
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of new development, whether located within the jurisdictional limits
of City of Fort Worth or City of Southlake. City of Southlake ' s
ordinance shall provide that all monies collected from system
development charges shall be used only for water facility expenses .
18 .
Force Majeure
If by any reason of force majeure either party hereto shall
be rendered unable, wholly or in part , to carry out its obligations
under this agreement , other than the obligation of the City of
Southlake to make payments required under the terms hereof , then
if such parties shall give notice and full particulars to such
force majeure in writing to the other party within a reasonable
time after the occurrence of the event or cause relied on, the
obligation" of the party giving such notice , so far as it is affected
by such force majeure, shall be suspended during the countinuance
of the inability then claimed , but for no longer period , and such
party shall endeavor to remove or overcome such inability with
all reasonable dispatch .
The term "force majeure" , as employed herein, shall mean acts
of God , strikes , lockouts or other industrial disturbances , acts
of public enemy, orders of any kind of the government of the United
States or the State of Texas , or any civil or military authority ,
insurrection, riots , epidemics , landslides , lightning, earthquake ,
fires , hurricanes , storms , floods , washouts , droughts , arrests ,
restraints of government and people , civil disturbances , explosions ,
breakage or accidents to machinery, pipelines or canals , partial
-1
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or entire failure of water supply, and inability on the part of the
City of Fort Worth to deliver water hereunder or the City of
Southlake to receive water hereunder on account of any other causes
not reasonably in the control of the party claiming such inability.
IN TESTIMONY WHEREOF, after proper action by the respective
governing bodies of the parties hereto, we have caused these presents
to be executed in quadruplicate copies, each of which is considered
to be an original and the seals of the respective parties to be
hereto affixed on the date above written.
ATTEST: CITY/ FORT WO
ut Ann M,
% '4 1
By:
Ruth Howard,' City Secretary U Ann McKinne
is I
APPROVED AS TO FORM AND LEGALITY:
Assistant City nager
City-7——A lit o r n e y
IJ
Date:
Contract Authorization
APPROVAL OMMENDED:
Date
ATTEST: CITY OF SOUTHLAKE
AV
By:
' City Secretary Mayor Pro Tem
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
APPROI;
,J�.L RECOMMENDED:
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S,&
City of Fort Worth, Tivia�
Mayor and Council Communlicatiloll,
DATE I I
REFERENCE SUBJEC-AMENDED WHOLESALE WATER CONTRACT PAGE
NUMBER
WITH THE CITY OF SOUTHLAKE 2
5-19-87 C-/03C5 I of
Recommendation:
It is recommended that the City Council authorize the City Manager to enter
into a revised wholesale water contract between the City of Fort Worth and the
i
It
Background:
The Fort W,th City Council approved a wholesale water contract with the City
of Southlake on March 20, 1984. The contract terin is for 17 years expiring in
the year 2001. While that contract is similar to other wholesale water con-
tracts Fort Worth has executed, it does establish a 2.8 million gallon per day
(MGD) ceiling on Southlake' s rate of witndrawal . This ceiling was put into 1
place due to limitations on the total available storage in the Beach Street
.Ground Storage reservoir. This tank is the storage site for water delivered to
not only Southlake, but also Keller, Haltom City, Trophy Club, and the
Summerfields development and other retail customers in Fort 'Worth. This past
s uinmer, both
Southlake and Keller began to exceed the max iinum rate or
withdrawal liniL-s imposed by the contracts.
The Water Department began negotiations with Southlake to resolve this issue in
early 1986, with the aiin of constructing a revised wholesale contract. Agree-
;,ient on the wording for several changes in the contract was reached in late
1986. The Southlake City Council has approved the revised contract and submit-
ted it to Fort ',worth for review and approval .
The revised Southlake water contract accomplishes several i-najor objectives:
1. It re'noves the "maximum rate of withdrawal " ceiling.
2. It includes -a "take-or-pay" or "ratchet" clause which requires Southlake
to annually pay for the highest volune and peak established in past fiscal
years, whether or not the same demand occurred in the current fiscal year,
3. If dernand problfns are experienced,, rationing to Southlake would be based
on the iavnediate previous year' s experienced d"_aand,
4. it prohibits any new re-sale or "facility-sharing" agreevents between or
among existing wholesale customers or future wholesale customers, unless
approved by the "City of Fort Worth,
5. Southlake agrees to assist Fort 'Worth in obtaining financial assistance
for the construction of a water treatnient plant on Eagle Mountain Lake,
DATE REFERENCE SUBJEAMENDED WHOLESALE WATER CONTRACT PAGE
NUMBER WITH THE CITY OF SOUTHLAKE 2
5-19-87 C-10305
6. Fort Worth agrees not to enter into any new wholesale water contracts in
northern Tarrant County which would require connection to the Beach Street
storage reservoir until an engineering study is performed, demonstrating
the incremental water demand can be met without endangering the supply to
existing northeastern Tarrant County wholesale customers.
7. Southlake agrees to implement water system facility access fees in the
event Fort Worth implements such fees.
T mspossmot muNc,
FOR , sy PROCESSED BY
%TY MIANAG EP'
S C2� APPROVED
OFFICE BY:
OTHER (DESCRIBE)
ORIGN
IATING
DEPARTMENT HEAD: Richard Sawey CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: S. Nunn 8220 DATE