HomeMy WebLinkAboutContract 24560 CITY SECRETARY
CONTRACT NO.
FIRST AMENDMENT TO CONTRACT FOR WATER SERVICE
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
THE TOWN OF NORTHLAKE, TEXAS
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This Amendment entered into on this '#A day of , 199,K,by and
between the City of Fort Worth, Texas ("Fort Worth") and the Town of Northlake
("Northlake").
WHEREAS,on October 13, 1997, Fort Worth and Northlake entered into a Contract
for Water Service (the "Contract"); and
WHEREAS, Fort Worth has requested assurances that Northlake maintain a direct
line of sight to ensure accurate reading of meters;
WHEREAS, the parties desire to amend the Contract to provide for Northlake's
responsibility to maintain such a line of sight;
NOW, THEREFORE, the Parties agree to amend the Contract in the following
respects:
Section 3 of the Contract shall be amended by the addition of paragraphs 3.5 and
3.6, which shall read as follows:
3.5(a) At the time of execution of this First Amendment to the Contract,there
is a line of sight between the microwave transmitter site (the "Transmitter")
and the receiver located at the Caylor Tank Site(the"Receiver").The parties
agree that in the future, it is likely that development will occur which could
interfere with the line of sight. Northlake agrees that in the event of such
development, Northlake, to the extent the interference occurs within the
corporate limits or the extraterritorial jurisdiction of Northlake, shall require
a clear zone to be maintained between the Transmitter and the Receiver,
such clear zone to be ten (10)degrees east and west of the center of the line
of sight from the Transmitter to the Receiver,as shown on Exhibit A attached
hereto. The maximum height of any structure within the clear zone shall not
exceed 641 feet. In the event Northlake is unable to maintain such clear
zone, Northlake shall relocate the Transmitter to a location that will have a
clear line of sight to the Receiver or provide some other solution, to be
approved by Fort Worth,which approval shall not be unreasonably withheld.
(b) Any cost related to maintaining a clear line of site within Northlake or its
extraterritorial jurisdiction shall be the sole responsibility of Northlake, and at
no time shall any such expense be considered a Fort Worth expense or a
System Expense.
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(c) There is an asphalt access to the Transmitter site currently in place.
Northlake, at its sole cost and expense, agrees to provide a concrete access
drive to the Transmitter site within the earlier of(1) two years from the date
of acceptance by Fort Worth of the meter; or (2) development of property
adjacent to the site of the concrete access.
3.6 In the event an obstruction is created within the line of site within
Northlake or its extraterritorial jurisdiction which prevents the transmission of
information from the Transmitter to the Receiver, Fort Worth shall calculate
peak charges in a manner consistent with the provisions of section 4.3
hereof.
In all other respects, the terms and provisions of the Contract shall be controlling
and in full force and effect.
WITNESSED OUR HANDS THE 7/kday of,�,I,41VP4,01 1 91
ATTEST: CT OF O T WO
Gloria Pearsorf Mike GrcYomer
City Secretary Assistant City Manager
Approved as to Form and Legality:
A A
ssista City Attorney
ATTEST'. : TOWN OF NORTHLAKE
ToWd.,Se r ary Mayor
"A- proved as to Form: �5' 01/2 E p
contract Authorization
Town Attorney Date
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