HomeMy WebLinkAboutContract 23617 U2-17-98 A 5 IN
CITY SECRETARY
CONTRACT NO.
AGREEMENT FOR THE PROVISION OF
TREATED WATER SERVICE TO SILVER RIDGE ESTATES
Whereas, Brighton Trading Co., L.L.C. is developing sixty-six (66) single
family residences within the extraterritorial jurisdiction of the City of Fort Worth,
such development being known as Silver Ridge Estates ("Development"); and
Whereas, the City of Fort Worth currently does not have water and/or
sanitary sewer facilities in the area to provide treated water and/or sanitary
sewer service to the development; and
Whereas, the Town of Lakeside has requested authority from the City of
Fort Worth to provide treated water service to the Development; and
Whereas, the City of Fort Worth and the Town of Lakeside desire to enter
into an agreement to authorize the Town of Lakeside to provide such treated
water service and to further define the terms under which such authority is
granted.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
This agreement is made this day of ,
199/, by and between the City of Fort Worth ("Fort Worth") and the 4wn of
Lakeside ("Lakeside") and the parties hereto do agree as follows:
1.
1.01 Lakeside is authorized to provide water service to the Development
described in Exhibit "A"; provided, however, that Lakeside is not authorized to
provide water service to any other areas within the corporate limits or extra-
territorial jurisdiction of Fort Worth, except to the extent mutual written agreements
allow it to do so.
1.02 The extension of water lines, together with any and all other facilities
necessary to provide water service to the Development shall be accomplished at
no cost to Fort Worth. Nothing contained herein shall ever be construed as
requiring Lakeside to extend its water lines to provide service to the Development,
and the decision to do so shall be in the sole discretion of Lakeside.
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1.03 Lakeside agrees to maintain that portion of its water system located
within the corporate limits or extra-territorial jurisdiction of Fort Worth in such a
condition so as not to create contamination of Eagle Mountain Lake, Lake Worth,
or any other area. Nothing contained herein shall be construed as requiring
Lakeside to maintain any line or facility or water system not owned and operated
by Lakeside.
1.04 The parties hereto agree that all water facilities constructed either by
Lakeside or a developer who constructs facilities to serve the Development and
dedicates such facilities to Lakeside shall forever remain the property of Lakeside.
2.
2.01 Fort Worth shall grant without charge to Lakeside such easements
and rights-of-way along public streets or other property owned by Fort Worth, as
may be reasonably requested by Lakeside required to construct any water facilities
necessary to provide water service to the Development.
2.02 Upon notice from Fort Worth, and at no cost to Fort Worth, unless
agreed to in writing otherwise, Lakeside will move such water facilities constructed
hereunder when located in such easements or rights-of-way owned by Fort Worth
when reasonably necessary for performance of essential governmental duties by
Fort Worth. The parties agree to coordinate the location of water facilities to
prevent conflicts insofar as is practicable.
2.03 All work done under this agreement will be performed in accordance
with standard Fort Worth specifications applying to work of a similar nature.
3.
The parties hereto acknowledge and understand that Fort Worth intends to
extend its water facilities in the future to serve the Development. At such time as
Fort Worth facilities are extended to the Development, the parties agree as follows:
3.01 Any individual requesting service and not receiving service at the time
of the request from Lakeside shall receive service only from Fort Worth.
3.02 Any existing customer receiving service from Lakeside may request
service from Fort Worth. Fort Worth agrees not to waive any connection charge,
impact fee, or other such charge. If the existing customer of Lakeside does
Lakeside -Silver Ridge
Treated Water Contract
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connect to Fort Worth facilities, Fort Worth shall not be responsible to reimburse
Lakeside for any costs associated with having provided service to the customer.
3.03 Any existing customer receiving service from Fort Worth may request
service from Lakeside. Lakeside agrees not to waive any connection charge,
impact fee, or other such charge. If the existing customer of Fort Worth does
connect to Lakeside facilities, Lakeside shall not be responsible to reimburse Fort
Worth for any costs associated with having provided service to the customer.
3.04 Neither party hereto shall be entitled to any compensation based upon
future earnings, potential revenues, or consequential damages in the event an
existing customer of one party obtains service in the future from the other party.
4.
Lakeside agrees that if it files an application for certificate of convenience
and necessity to cover the Development, such filing will be made jointly with Fort
Worth and that both parties hereto shall request dual certification of the area where
the Development is located.
5.
No provision contained in this agreement shall be construed so as to create
any type of partnership or joint venture between the parties hereto or create any
right in a third party.
6.
Fort Worth agrees that Lakeside ordinances, rules and policies related to
the provision of the utility service contemplated by this agreement shall apply to
customers within the Development for so long as service is provided from
Lakeside.
7.
No part of this agreement shall be construed as requiring Lakeside to
continuously furnish water service to the Development until such time as Fort
Worth provides such service. Lakeside may terminate the furnishing of water
service to the Development upon giving ninety (90) days notice to its customers
within the Development and Fort Worth.
Lakeside Silver Ridge
"1-rested Water Contract
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8.
This agreement is subject to applicable federal and state laws and any
applicable permits, amendments, orders or regulations of any state or federal
governmental authority having and asserting jurisdiction, but nothing contained
herein shall be construed as a waiver of any right to question or contest any such
law, rule or regulation in any forum having jurisdiction.
9.
It is agreed that in the event any term or provision contained herein is held
to be invalid by a court of competent jurisdiction, the invalidity of such term or
provision shall in no way affect any other term or provision herein; further, this
agreement shall then continue as if such invalid term or provision had not been
contained herein.
In testimony whereof, after proper action by the respective governing body
of the parties hereto, we have caused these presents to be executed in triplicate
copies, each of which is considered to be an original, and the seals of the
respective parties to be affixed on the date above written.
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lakeside-Silver Ridge
l'reated Water Contract
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A ES TOWN OF LAKESIDE
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CITY SECR TARY MAYO
APPR.QVE-p f S CTFO,RM AND L ALITY
V
TOWN ATTORNEY
ATTEST: TC j0FRj0RTH
ALICE CHURCH tk E G OOMER
CITY SECRETARY ASSISTANT CITY MANAGER
APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED:
L� f �j(d di, (::)
GARY INBERGER EE C. BRADLEY, JR.
ASSISTANT CITY ATTORNEY DIRECTOR
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Contract Au orizati
Date
Lakeside--Silver Ridge
Treated Water Contract
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