HomeMy WebLinkAboutContract 17638 9`
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THIRD &MENDMENT TO FORT WORTH CITY
CITY SEC�$a:."�'IUIY CONTRACT Md. 15776
'CON i�RAC—r � r
This Agreement entered into on this �o , _ day of
Dec:amber- , 1989 , by and between the City of Fort Worth and the
City of Southlake.
WHEREAS, The City of Fort Worth and City of Southlake
entered into a contract day ee! 3c..iE 24, 1987 , same being City of
Fort Worth City Secretary Contract, Ito. 15776 whereby the City of
Fort Worth wholesales treated water to the City of Southlake; and
WHEREAS, on October 20 , 1987 and December ;j , 1988, the City
of Fort Worth and the City of Southlake entered Amendment n-wnber
one and Amendment r:Iumber Two of City of Fort Worth City Secretary.
Coxntrac:t 15776, same being City of Fort Worth City Secretary-
Contract NuTabers 16126 and 16791 respectively; and
WHEREAS, the City of Southlake has requested permissioa to
resell water to the City of Keller ; and
WHEREAS, the City of Fort Worth is agreeable to permitting
the City of Southlake to resell water to the City of Keller,.
NOW, THEREFORE, the City of Fort Worth and City of
Southlake agree as follows:
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Paragraph 1.1 of City of Fort Worth City Secretary Contract
No . 15776 is hereby amended and., after having been so amended,
shall be and read as follows
EINEIEMTIMI �=MEW
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"TRANSPORTATLON AND aALlL M? RA�TER
"11 . 1 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 Southla.kw
Municipal Water System, commonly known and referred to as its
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service area, without the express written consent of the City of
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Fort North, 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 kgreement
between .Southlake and Keller, a copy of which is attached hereto
as Exhibit P°Af9 , through facilities also used by Sout: lake to
transport its water from the Beach Street Reservoir to the City
of Southlake. Except as provided above, the City of Fort North
neither recognizes nor approves any existing agreements entered
into by Southlake with other governmental ent'. ` } es or corporate
entities outside its service area . Connection in existence pry or
to June 24, 1987 , shall be allowed to continue ,
"11 . 2 Southlake agrees it will not enteT 103 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 without: the written consent of City of Fort
Worth, except as provided for in 11 . 3 hereof .
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"11 . 3 Southlake is hereby authorized to resell water to
the City of Keller, provided, however, that the agreement between
Southlake and the City 09: Keller providing for the resale of
water shall prohibit the wllole.,�ale resale of grater by the City of
Keller . Further , Southlake shall be responsible to the City Of
Fort: Worth for any and all charges incurred for the delivery of
Nraterr, pursuant to this agreement , including but not limited to
monthly billings , peaking charges and minimum annual payments ,
irrespective of whether the water was delivered for use by
Southlake or by the City of Keller. . All charges for grater shall
be made pursuant to Articles 5 and 6 hereof . Any conflict
regarding the City of Southlake' s payment= obligation pursuant to
this Agreement and that Comprrmise and settlement Agreement dated
e '0�±Q, attached hereto as Exhibit B3 which might arise
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slaatll be determined. according to teerms of this Agreement .
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Atl other terms , conditions , and covenants contained in and
of City of Fort Worth City Secretary Contract numbers 15776 ,
16126 , and 16791 which are not amended herein shall be unexecuted
hereby and shall continue in full force and effect .
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ATTEST: CITY OF FORT WORTH
��/n�,�� L �,{p� • dd'' SCI„
Rtitt n H�16 i�i�, City Secretary ff Ruth Ann RrAnne"y
Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
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APPROVAL RECOt EUDED:
ATTEST: CITY OF SOUTHLAKE
City Secretary mayor P offem
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APPROVED AS TO FORM AND '
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LEGALITY :
TY :
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city Y Attorne !
Date:—
APPROVAL RECOMMENDED:
G�u�r.br,;� tw'.,.:. x.:at.to�� s!
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COMPROMISE AND SETTLEMENT AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS,, on June 24 , 1987 , the City of Southlake and the City
of Fort Worth entered into City Secretary Contract No. 15776
whereunder -the City of Fort'. Worth agreed to sell to the City of
Southlake raw water at a certain price and under certain conditions
set forth in said Contract; and
WHEREAS, said City Secretary Contract No. 15776 has been twice
amended to revise the Commodity Charge and Rates of Use Charge for
water sold to Southlake; and
WHEREAS, under the -terms of City 'Secretary Contract No. 15776 ,
as amended, all water sold by the City of Fort Worth to the City of
Southlake is transported through an alliproved meter at the City of
Fort Wor• h' s Beach Street Storage reservoir site; and
WHEREAS, pursuant to City Secretary Contract No. 15776 , as
amended, the City of Fort Worth specifically recognized that the
City of Southlake would be permitted to transport water received at
the Beach Street reservoir site to the city of Keller pursuant to
an existing agreement between Southlake and Teller through
facilities also used by the city of Southlake to transport its
water from the Beach Street meter to the City OJE Southlake; ;:.tnd
rit to Southlake" agreement with the C- 4-.y of
WHEREAS, pursua L
Yeller, water taken through the Beach Street meter is transported
to separate meters located at Pearson Lane where it is thereafter
distributed to the cities of Southlake and Keller through their
respective meters; and
WHEREAS, although recognizing the City of Southlake' s right to
transport water to Keller through the Beach Street Reservoir, City
Secretary Contract No. 15776 , as amended, provides that the City of
Southlake shall pay for the total. volume of water transported
through the Beach Street meter; and
WFTEREAS , the City of 'Keller has executed a separate contract
with th,-, city of Fort Worth (City Secretary Contract No. 10504, as
amended) which provides for the sale of water by the City of Fort
Worth to the City of Yeller under certain terms and conditions,
including the payment of volume and peaking charges to be paid by
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the City of Keller, and
Exbibit "B"
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WHEREAS, due to the malfunctioning or misr�adinq of meters or
due to other unknown causes, a discrepancy has resulted between the
total amount of water transported by the City of Fort Worth through
the Beach Street meter and the individual amounts of water received:
by the cities of Southlake and Keller through their respective
Pearson .Lane meters; and
WHEREAS, a controversy has also resulted o;°er the amount of
-the volume and peaking charges which should be levied for water.
-taken through the .Beach Street meter by the City of Nellerp and
WHEREAS, because of the above-described discrepancies and
controversies, the parties to this Agreement have agreed to an
amount of money which fairly and adequately compensates the City 'of
Fort Worth for water consumed by all customers taking water frorn
-the Beach Street meter.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
This Agreement is entered into by and between the City of
Southlake, a homerule cj.ty located in Tarrant and Denton Counties,
Texas , acting by and through its duly authorized City Manager,
Curtis Hawk; the City of Keller, a homerule city located in Tarrant.
and Benton Counties, Texas , acting by and through its duly
authorized City Manager, Allen Bogard; and the City of Fort Worth,
a homerule city located in Tarrant County, Texas, acting by and
through its duly authorized City Manages. , David Ivory,
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The City of Southlake hereby covenants and agrees to pay to
the City of Fort Worth the sum of $47,185. 31, as payment for
water taken by the City of Southlake through the Beach Street meter
pursuant to City Secretary Contract No 15776 , as amended, for the
period October 1, 1967 through September 30 ; 19.88. The City of
Keller hereby covenants and agrees to pay to the City of Fort Worth
the sum of $46, 654, 49 , as payment for water taken by -the City of
Keller through the Beach Street meter during the period. of October
1, 1987 through September 30 , 1988 . The above payments are in
addition to any other payments already made by tht cities of Southlake and Keller to the City of Fort Worth for 'water taken
through the Beach Street meter, or through their respective Pearson
Lane meters.
The City of Keller hereby covenants and L±grees to pay to the
City of Southlake the sum of $38 ,714 . 90, as reimbursement of
payment made by the City of Southlake to the City of Fort Worth for
water taken by the City of Keller through the Pearson Lane delivery
point during the month of August and September, 1988 .
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In addition to the above payments, the City of Southlake and
the City of Keller agree to pay to the City of Fort Worth the sum
of $15, : 54 . 31 each, for a total of
$30,70$. 62, t::oward. the
$46 ,062. 94 balance of the $92 , 727,43 amount the City of :fort Worth
calculates as the amount due Fort Worth by the City of Keller,
after payment of the $46 ,664.49 amount agreed. to by the City o:E
Keller in Section I above. The City of Fort Worth will absorb the
unpaid balance of $15, 354 . 31 .
IV.
The City of Fort Worth acknowledges th:,,.t- upon payment of this
sums set forth in Paragraph I and III above, that full payment will
have been made for all. water transported through the Beach Street
meter pursuant to the terms of City Secretary Contract No. 15776,
as amended, for the period of October 1 , ;.987 through September 30,
1988 . The City of Fort Worth further. agrees to accept such payment
from the. cities of Southlake and Teller in the above-respective
amounts as full and complete satisfaction of all sums due and owing
under said Contract for the period of October 1, 1987 through
September 30 , 1988 , This sum shall include payment for the minimum
annual payment, the maximum rate of delivery, the mini.-flum monthly
charge, the monthly payment, all peaking charges and any other
charge for water owed by the City of Southlake or the City of
Keller to the City of Fort North pursuant to the terms of Cit:y
Secretary Contract loo. 15776 , as amended
V.
For and in consideration of the recitals and the payment of
the sums set forth above, the City of Fort; Worth hereby covenants
and agrEies and does hereby rel-ease, acquit and forever discharge
the Cit), of Southlake and the City of Keller from any and all
claims or demands for payment for water taken by the City of
Southlake and the City of Keller through the Beach Street meter or
through their respective Pearson Lane meters during the period of
October 1 , 1987 through September 30, 1988, whether for known or
unknown quantities of water.
VI.
The City of Fort Worth agrees to amend its contract wit],
Southlake to recognize Keller ° s right to take water from the
Southlake-Keller line.
VII.
The City of Keller and the City of Southlake, contemporaneous
with the execution of this Agreement, have entered into a separate
agreement establishing a methodology for dividing payment:
responsibilities for water taken through the Beach Street Meter and
the Pearson Lane meter for the pijrpost: of allocating, payment responsibilities for all future billing periods. Under the terms
of said Agreement, Keller and Southlake agree that they will each
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treat a.11. water taken from the Beach Street .Meter and through the
Pearson :cane lane as if they were each signatories -to and bound by
the terms and conditions of the Contract between the cities of
Southlake and Fort North designated as Ci.•4y Secretary Contract loo.
157761. Keller and Southlake will each be responsible for payment
of their respective portion of the bill for water provided through
these facilities solely under the contractual terms, conditions and
payment procedures set out in City Secretary Contract No. 157760
Keller and Southlake each have agreed that separate meters will be
installed in such a manner as to allow these cities to determine
the amount of water taken during each twenty--four (2.4) hour's
period. Keller and Southlake each recognize that it is their
responsibility to reconcile their meter readings so that they
coincide with the amounts reflected as having passed through the
Beach Street Meter,
VIII.
The City of Fort Worth hereby covenants and agrees that the
minimum annual payment charged to the City of Southlake, as set out
in provision 6 . , Payment for Water, paragraph 1 . , Minimum Annual
Past, on page 10 of City Secretary Contract Flo, 15776„ shall
not be based on the combined rate of withdrawal during the period
of October 1 , 1987 -through September 30 , 1988 , when Keller began; to
take water from the Southlake connection, for subsequent years.
IX.
It is expressly understood and agreed by the parties hereto
that the terms hereof are contractual and not merely recitals and
that the agreements herein contained and the consideration
transferred is to compromise doubtful and disputed claims and to
avoid litigation and buy peace, and that no payments made nor
releases or consideration given shall be construed as an admission
of liability, all :Liability being expressly denied. The parties
hereto warrant that they have react this Agreement and fully
understand it to be a Compromise and Settlement Agreement and
Release of all claim., known or unknown, present or future, that
they have or may have against the party or parties released arising
out of the matters described.
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EXECUTED this • day of ���, 19'x, in
duplicate originals.
CITY OF UTHLAKE
By; �
Cu _is E. Ha , City Ma
ATTEST:
;Sandra LeGrand, City Secretary
� � �� _dli __ �ti r ?• L 0.��MAINF lW.:R E ..— 'L
APPROVED AS TO FOPM AND LEGALITY o
C:iLty Attc-irney, City of Souttilake
CITY OF KELLER
A.iy��z�ogara, City Wage
AT'T'EST
Cicy
0 -etaryy'.
APPROVED AS TO FORM AND LEGALITY: C ty--'of Keller
City Attorney, City of Keller
CITY OF FORT WORTH
By-. a ` -
6 ,,,,-Dav1a Ivory, City Manager
ATTEST:
4 y� cr ar ,
Y
APPROVED AS TO FORM AND LEGALITY City of Fart Worth
C bt rney, City of Fort Worth
tract Authceri;;tjb n
Date
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City of Southlake
4LffiTE
layor November 8 , 1989
nary Fickes
Iny'or Pro Tom:
atty Springer
Mr.. A.l len Bogard
fcharlrnem Wilhelm City Manager
arnelaAP.IIiIF►elnr City f Keller
r�rr�ela�,Muller y
ally Hall P.O. Boaz 770
1.Ralph Evans Keller, Texas 75248
ttyManager Dear Allen:
Uftis E.Hawk
,itySecretary. The attorneys have told me that we need to clarify the
andra L LeGrand intent of the language in Section VII of the proposed
Compromise and Settlement Agreement pertaining to the
October 1 , 1987 -- September 30 , 1988 annual bill
pursuant to the City of Fort Worth City Secretary
Contract No. 15776 , as amended.
The following is my understanding of what we have
agreed to do pertaining to the payment to Fort Worth
for water used by the Cities of Southlake and Keller.
We agree to amend the contract between the City of
Southlake and the City of Keller, dated May 14 , 1984,
to provide that, in succeeding years:
x The City of Fort Worth meter will be the point
for determining the total amount of water
delivered to the cities of Southlake and Keller
through the joint line.
The City of Southlake water meter will be used
to determine the amount of water delivered to
Southlake; the City of Keller meter will be
used to determine the amount of water delivered
to Keller.
Should the amount of water metered by the two
cities not total the amount metered by Fort
Worth, the cost of the unaccounted for water
will be shared by the two cities in proportion
to the total amounts taken by each of the two
cities .
667 North Carroll Averwe - Southlake,Texas 76092 @ (817) 481-5581
a ,
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Allen Bogard
November 8 , 1989
Page 2
in determining the annual bill peak adjustment,
the City of Southlake maximum day and maximum
hour usage during the year will be the basis of
its peak charges. The City of Keller maximum
day and maximum hour usage during the year wil.1
be the basis of its peak. charges. Should the
total of the two cities individual peak charges
emceed the combined peak charge levied by the
City of :Fort Worth, the balance will. be placed
in the pipeline operation a— maintenance fund.
* The City of Keller will pay its portion of the
ball, as determined above, to the City of
Southlake, which will issue one check to the
City of Fort North for the annual bill,
if the above is according to your understanding of what
we have agreed to, please signify so by your signature
in the space provided.. The City of Southlake will.
prepare the contract amendment to be presented to our
respective City Councils for action.
Sinc elyr 1
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Curti •�o F ,� ,. Date f
City manager C
City of Southlake
CEH/kb
APPROVED AND .ACCEPTED
AS TO CONTENT:
Ai)Z
Allen Bogard ll oga Date
City Manager
City of Keller
WASTE01
of Fort Worieh 140exas
,
Adayor ana Council Commun 'cation.
DATE REFERENCE SUBJECT: COMPROMISE AND SETTLEMENT PAGE
WUMBER AGREEMENT BETWEEN THE Erry OF
__12--5-89 --0-8341 SOUTHLAK,E., THE CITY OF KELLER, AND
THE CITY OF FORT WORTH, 0N_SALE O_F _ _.___
TREATED WATER FOR 171SCAL YEAR
1987-1988
RE7COMMENDArTION:
It is rec9mmended that the City Council, authorize the City Manager to execute
the attached Compromise and Settlement Agreement between the City of
Southlake,- the City of Keller and the City of Fort Worth.
DISCUSSION;
The City of Fort Worth sells treated water to the City Of SOLIthlake, such
water being transported to the City of Southlake through a Fort Worth metered
line located at the North Beach Street Reservoir. In August, 1988, the City
of Keller begun to take treated water through the pipeline used by the City
of Southlake for the transportation of treated water, (downline from the Fort
Worth meter) . Subsequently, the City of Fort Worth billed the City of
Southlake for all water which flowed -through the Fort Worth meter at North
Beach. A dispute arose as to the amount of water taken by each city and
whether or not the City of Fort Worth had authorized the City of Southlake to
resell water to the City of Keller.
This Compromise and Settlement Agreement will settle all disputes for the
sale of water to the City of Southlake for fiscal year 87-88.
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APPROVED 13Y
CITY COUNCIL
.-.-FILIAL Rtvo
DEC 5 19139
citir smwagv of the
cillf of FQA llvovb�-A awo
SUBMITTED FOR I.,-
CITY I-AANAGER*S
DISPOSITION By COUNCIL: DROCESSED BY
OFFICE BY: R. A. MCKinney [] APPROVED
ORIGINATING C: OTHER (DESCRIBE)
DEPARTMENT HEAD:Richard Sawey
CITY SECRETARI.
FOR ADDITIONAL INFO MATION
CONTACT 7 9awey '3246