HomeMy WebLinkAboutContract 27561 'ITY SECRETARY
'N; PACT NO
MEMORANDUM OF UNDERSTANDING
LONG TERM WATER SUPPLY CONTRACT
BETWEEN THE CITIES OF KELLER AND FORT WORTH
This Memorandum of Understanding is executed as -.,of the day of
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DA E by the City Manager of the City I of Keller, Texas and the
City Manager of the City of Fprt Worth, Texas. The term sheet attached hereto as
Exhibit "A" is hereby incorporated and made part of this Memorandum of
Understanding for all purposes. The purpose of this Memorandum of Understandinc, is
to set forth the agreement in principle between Keller and Fort Worth with respect to
conditions by which a long-term water supply contract may be entered into between the
two parties. Upon execution of this Memorandum of Understanding all parties agree to
proceed to finalize all necessary documents (including a schedule of action by
respective City Councils of Keller and Fort Worth) relative to the water supply contract
and related matters. Upon completion of these documents, each City Manager of the
respective City agrees to present the documents to the respective City Councils as soon
as possible
All parties acknowledge that the respective City Councils of each City must approve all
agreements and upon such agreements being finally approved, the City of Fort Worth
will enter into a Uniform Wholesale Water Contract with the City of Keller.
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TERM SHEET
I. Citv of Keller
A. The City of Keller agrees to construct a twenty four (24) inch water main from
the existing twenty one (21) inch water main in Alta Vista (to US Hwy. 377) at
Caylor Road at its expense, less participation by the City of Fort Worth for the
difference between the construction cost of a sixteen (16) inch water main and the
twenty four (24) inch water main.
The City of Keller agrees to provide at its sole expense the cost of all
engineering, design, bidding and inspection services related to the construction of
this main including all necessary permits required from TxDtT, all railroad
crossings (if any) and all easements (City of Fort North agrees to provide at no
cost easement rights on property under its control).
B. The City of Keller agrees as part of this project to construct at its sole expense an
additional metering station at US Hwy. 377 and Caylor Road, to include all
engineering, design inspection etc.
The City of Fort Worth will not participate in any of this project cost. The City
of Fort Worth agrees to provide at no cost easement rights on property under its'
control.
The City of Keller agrees to pursue the project including providing the necessary
funding for these improvements as soon as possible.
The City of Fort Worth agrees to assist the City of Keller in acquisition of any
easements for the construction of this project. All cost for such acquisition shalt
be borne by the City of Keller. Upon completion of the project by the City, of
Keller, the City of Fort Worth agrees to increase the water supply through the
newly constructed system by up to 3 MGD.
C. The City of Keller agrees to provide 75'/c of the funding necessary to upgrade the
pump and pipeline system at the North Beach Tank. Fort Worth agrees that
Keller's portion of the expense based on a '115%1'25% cost sharing ratio shall not
exceed $27,000 including engineering, design, easement inspection and related
cost.
D, The City of Keller agrees to upgrade the existing metering stations (at its sole
expMse) located at the Forth Beach Pump Station and at Pearson load to meet
current City of Fort Worth specifications. Keller further agrees to assume all
responsibility for coordination of usage billing with the City of Southlae.
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Keller agrees to be responsible for all continued billing (if any) between Keller
and Southlake to assure that the City of Fort Worth is held harmless. (This does
not apply to any legitimate dispute in billings between Fort Worth and Keller).
Upon completion and final inspection of these improvements the City of Fort
Worth agrees to assume ownership and maintenance of the metering stations.
E. The City of Keller agrees to provide information concerning any and all
connections outside the corporate limits of Keller, as well as information
concerning any and all interconnections to other water systems whether public or
private. The City of Keller agrees, upon request by the City of Fort Worth to
eliminate any unauthorized or inappropriate connections.
F. The City of Keller agrees to provide at no cost to the City of Fort Worth
easement rights on property under its control for Fort Worth's construction of the
Big Bear Sanitary Sewer Main. Keller further agrees if requested to assist Fort
Worth in acquiring other easements within Kelley's jurisdiction for this project.
Keller shall bear no cost for such acquisition.
G. The City of Keller agrees to immediately process the transfer of the remaining
portion of the Keller CCN that is in the City of Fort Worth or within the City of
Fort Worth's ETJ West of US Hwy 37/7 to Fort Worth (Map to be included) and
to actively support the City of Fort Worth's application to include this area in the
CCN of the City of Fort Worth.
The City of Keller agrees following the transfer of the CCN to continue
providing water to the existing customer base through an Interlocal Agreement
for a period not to exceed five (5) years from the date of the TNRCC's approval
of the CCN transfer. The City of Keller agrees that no compensation for the
CCN area and facilities shall be due.
II. City of Fort Worth
A. The City of Fort Worth agrees to enter into a Uniform Wholesale Water
Contract upon approval and execution of the final documents encompassing the
terms herein outlined, (Any amendments to the Uniform Contract would be
subject to mutual acceptance)
B. The City of fort Worth agrees to pay. the first 7/,500 associated with the CCN
transfer. Any amount in excess of $7,500 shall be borne on a 50/50 ratio
between the two cities.
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C. Upon approval and execution of the final documents encompassing the terms
herein outlined, the City of Fort Worth agrees to: (1) formally release all
claims including any interest for any unresolved disputed peaking charges
which may have been billed to the City of Keller relating to water usage
between Southlake and Keller; and (2) to release an area of approximately 66
acres of Extraterritorial Jurisdiction as depicted on the attached map in order
that Keller can incorporate the area into its Extra Territorial Jurisdiction area.
Bob Terrell, City Manager
City of Fort Worth ATTESTM
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Lyle Diles'her—, CliyMana—g—er
City of Keller
,ontract Authorization
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City of Fort Worth
Extraterritorial Jurisdiction Release
S.Needham Survey r
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T&P Railroad Right-of-Way
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