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Home My WebLink AboutContract 27578 (2)�i�rY ��EYaRY c��vY�ac� �c�. . AGREEMENT F'OR THE PROVISION OF TREATED WATER SERVICE TO TURTLE CREEK RANCH Whereas, Me�ro North Develapment, Inc. ("Derreloper") is developing one hundred eighty-fE�e ('185} single family residences witnin the extraterritorial jurisdiction of the City of Fo�t Worth, such development being Ecnflwn as Turtle CreeEc Ranch ("De�elopment"); and Whereas, the City of Fart Worth currently does noi have water andlor sanitary sewer facilities in t}�� area to provide �r�ated water ar�cilor sanitary sewer service to the de�efopm�nt; and Whereas, the Town ofi Lakeside has requested a�athority from the City of Fort Warth to pro�ide treated wat�r serviee to the De�elopment; and Whereas, the City af Far# Warth and ihe Town of L.a�Ceside desire to enter into an agreemen# to autharize fhe Town o� Lakeside to pro�ide such treated wa�er service arnd to further define the terms �nder which such auth�ari#y is granted. N�W, THEREFORE, KNOW ALL BY THESE PRESENTS: This agreement is made fhis day of , 2002, by ar�d �etween ti�e City of Fort Worth ("Fort Worth") and tf�e Town af Lakeside ("Lal�eside"} and the parties F�ereto do agree as follows: 1. 1.01 La�eside is au#horized to pro�ride wafer s�rvice ta the Development described in Exhibit "A' ; provided, I�owever, that Lakeside is no� authorized to provi�e water service to any ot�er areas withi� the corporate limits or extra- territoriaf jurisdiction of F'ort Wor�h, except #o the exter�t mutual written agreemer�ts allow it #o do so. 1.02 The extension of ►r�ater lines, together with any and all ott�er facilities necessary #o provide water service to the Devefopment shall be accomplished at no cost to Fort Worth. Nothing contained herein sha[I ever be cor�strued as requiri�g Lal�eside ta e�ctend its water lines to prov�de serv�ice to the Deuelopment, and tf�e decision to do so shall be in the sole discretion of Lakeside. 9.03 Lakeside agrees to maintain that portion of its water system located wi#hEn the corpoTate limits or extra-�erritorial �urisdictian of Fort Worth in such a condition so as not to create contamination of Eagle Mountain Lake, L.a[�e Worth, or any other area. Not�ing con�ained herein shall be construed as requiring Lakeside to maintain any line or facility vr water system not owned and operated by Lakeside. 1.0�4 The parties hereto agree that all wafer facilities canstruct�d to serve the Deveiopment and paid for by any de�eloper shall be dedicated to Lakeside upon completion. At such time as the DeveloPment is annexed by Fort Worth and Fort Worth has fhe ability to pro�ide t�e water service, Lakeside agrees to dedicate the wa#er facilities paid for by any de�eloper to ForE Wo�th at na cast t� Fort Worth other than the payment of filing fees, if any. 1.�5 At such time as Fort Worth is capa�ie of providing water service to the Development, Lal�eside agrees that it s1�a11 cease providing water to the D�velopment and Fort Worth will connect the Developmen# to the Fort Worth Water system. Thereafter, Fort Worth shafl be solely responsible to provide water to the cEe�elopmer�t. Any water meters installed by La�Ceside shall be disconnected by Fort Worfih and returned to La�eside. 2. 2.01 Fort Worth shall grant without charge #o Lakeside such eas�ments and rights-of-way along public streets or ot�er property owned by Fort Worth, as may be reasonably requested by Lakeside required to cons�ruct any wat�r facilities necessary to pro��de water service to the Developmer�t. 2,02 The parties hereto ac�snowledge and Undersfand t�at Developer will be dedicating easements and right�of-ways to the public. At such time as Fort Worth annexes the Development, the easements and right-of ways within the annexed areas shafl come under Fort WortY�'s jurisdiction. 2.03 Upan notice from Fort War�h, and at no cost to Fort Wortf�, unless agreed to in writing otherwise, Lakeside wilf mo�e such water facili#ies constructed he�eunder when located in such easements ar rights-af-way owned by For� Worth I.akeside—Turtle Creek Treuted Water Caalracl Page 2 0£ 6 s when reasonabfy necessary for performance of essential governmental d�aties by For� Worth. The par�ies agree to coordinate the laca#�on of water facilities �o pre�ent cvnflicts insofar as is prac#icable. 2.04 AI! worl� dane under this agreement will be performed ir� accardar�ce with star�dard Fort Worth specifications a�pfying to worh of a similar nature. 3. 3.0� The �arties hereto acknowledge and understand tha# Fort Worth intends to euiend its water facilities in the future to serve the Development. At such time as Fart Worth facilities a�e exfended to the Development, the parties agree tha# Fort Worth will be the sale provider to the Development. 3.02 At the time tha# Fort Worth �ecomes the sole provider to fhe De�elopment, Lakeside shall not be �ntit�ed to any compensation of any nature, it being the parties' intent that Fort Worth shall �ro�ide the water at �ucf� time as its facilities ca� be connected to the Development. 4. Lakeside agrees that if it files an application for certificate of canvenience and necessiiy to cover the De�elo}�ment, such fling w[I! be made jointly with Fort Worth arid that both parties her�to shafl re�uest dual cerkification of the area where ihe De�elopment is located. If and when the De�elopment is annexed by Fort Worth or included in Fort Worth's certificate of convenience and necessity, La�teside shall, upon the written request of Fort Worth, file an application with the TNRCC to transfer to Fort Worth its certificate of convenience an� necessity and cooperate with Fort Worth to have #he applicafion appro�ed. �. No provision contained in this agreement shall be construed so as ta cr�a�e any type of partnership or joint venture b�tween the parties hereto or create any right in a third party. Lakesidc — Pudfc Creek Treated Water Contract Page 3 of 6 � � Fort Warth agrees that Lakeside ardinances, rules ar�d poficies related to the provision of the utility serv9ce contempfated by this agreemer�t shall apply to customers within the De�elopm�nt for sa long as service is pro�ided from L.akeside. 7. The effectf�e date of' this agreement shal! be , 2aD2 regardless of the date that it is executed. : No part of t�is agreement s�all be constru�d as requiring La�eside to continuously furnish water service to #he De�elopment until such time as Fort WorEh provides such service. La�Ceside may terminat� the furnishing of water service to t�e De�elopment upan gi�ing ninety (90) days notice to its customers within the De��lopment and Fort Warth. � This agreement is subj�ct �o applicable federal and state laws and any applicable permits, amendments, orders or regulations of any stat� or fiederal go�eTnmer�tal authority F�a�ing and asserting jurisdictian, but nothing contained herein shall be construed as a waiver of any right to question or confest any such Iaw, rule vr regulation in any forum ha�ing jurisdiction. � 10. It is agreed that in fhe evenfi any term or pravision contair�ed herein is held to be invalid by a courk of compe�ent jurisdiction, the invafidity of such term or pro�ision shall in no way affecf any other term or provision herein; further, ihis agre�me�t shall then continUe as if such invalid term or Provisior� had not been contained herein. ln testimony whereof, after proper action by the respect�ve go�erning bo�y of the parties hereto, we haue ca�sed these presents to be executed in triplicate co�ies, each of which is considered �o be an original, and the seals pf the respecti�e parties to be affixed on the date abo�e writfen, Lakeside — Turfle Creek Treated Water Contract Paga 4 of 6 ATTE : � �� CI SECR ARY �- 1 � � s rj � % A a � • � � i 1 � , ' � . � ` •• TOWN O� LAKESIDE � `� ! �� . �i . �•. A�=f T: �'1G-�rt..� �% �` ��✓ +� C�LORIA PEARSO�! � f � CITY SECRETA�Y CITY OF FORT WORTH � � �udq � � ASSISTANT CITY MAN,4GER � APPROVED AS TD FORM AND LEGA�ITY `� GARY Si'EINBERGER ASSISTANT CITY ATTORNEY � �l��q�� con��t �$�o�i�� C�~ Z��D n�t� � APPR�VA� RECOMMENDED; DA�.E . FISSEL . , P. E. DIRECTOR l.akeside — Tturtle Crcek Trcated Water Conlract Page 6 of 6 / �J 1 ` 16 17 18 • 10 �� M 7� �:3 2 16 � -- 1L �~ � • � 3 B 7 6 11 10 9 6 13 �� 4 � � �� t � � I 6 3� � � � ' 0 8 W E 6 3 ��B i ' l4 S 7 ; -. _ - 11 I I�� R 15 � 4i 13 '! �s � � r 13 �'U�"L� Gp��K / �XNli�l�" �0� 185 ��5 / lNCLUbING pNAS� I� / ^'!- 15 � _ 14 27 f �- 17 / 3 \ 1 a p 12 H - C'F. ii 8 7 6 ~� � to 11 16 � 44 12 13 �e ,\� E I 1 � � � � � � � s ILE WAY � � � 4 � 3 � 1 � p 1� tz " �� 15 � ,., 18 _ __._ �,�. �e��w � s�►�r- CONSULTING ENGINEER, tNG. �ao rv+ix sr rwu w� �eu� mas-uee at� su-sw �� ' G�i�y of .�'�r� �o�t`h, �e�as �� r�� o�r��! ��rr��r�� .�T� � r�r-�r��rv��r��nne�� c��.�r�� ,��E fiJ�b!{3� �-� $0�+� �QTU�tT�E [ � of '� s��t�r INT��2l.�?��1� I�GRCEh�iE�1T V�lITH T!-{E TDUVhI �F L�1KE�IDE T� P��VIDE 7R�AT��] WATEF� `�� T�RTL,E �REEk{ k��fV�H RE�OMM��D�1TIOhi; It �s r��mrr��r�ded tt�at ##�� ty �oui�cil authari�e lY�e �it� N1a��ag�r ta ent�r ir�to an Interlocal Agteem��t wk#h the Tov�rn o� Lak��sfde, �rantin� La�Cesi�l� t#�e ��atk�or�t�r t� pt�vwde ireat�d wate� seru��e t� T�rEle �r�ek ��h. DIS�U�SIO�l: �n �eforu�ry 'i8, '�3�8, �h� ��ty of For! VVorth exe�utec� an Ent�rlocal Agr��ment with the To+�run of I�ak�side (��#� �e�retary �oniract tdo, ��17'� t� �rovide tr�a#�d w2�#�r s�r►r��e kv a'E8�-1ot d�v�l��m�nt �+Ethin #1�e ��ty's extrat�rr�toEi�l juri�di�Non. �Cnaw� as Turt�e �r�e� Ran�l�, NJ�tra ��rlh �]ev��opment, knc. is current��r d�v�Gopin� �B� ��gle-fa��ily residences as Phase II of t�e Turtke �ree�C Ranch d�v�lopment, The �i#y o� Fart UVor�t� cioe� no� }�av� w�ter or s�r�itar�r s�w�r fa�ilities �n #�� area� #o �r�vide treated wat�f or s�r��ta�y sew�r s��+i�e to t�ris deve��prnent. The 7own �f ��k�srd� has rec��sted author�ty from th�� ty of �art 1lVorkh to �rovide treata�# water s�rvl�e fo� Phase J! �f th� T��tle ��e�C R�nch c��vel��ner�t_ i�is In��ri��aE A�rt�em�nt v��ll �ran# the Tow� of �.ake�it�e a��horiiy ta ex�enc! wa#�� iin��, to��th�r �ui#h a�n�r and all oth�r f�ciliti�s nec�ssary to prov�da watar sefvice at r�o cosi to tl�e �f#y af F�rt 1�l�rt#�, �1��►1��]:�E�i��C�] �fl�l�C�� [�:.��*]►�A TE�e F�nanc� Dif�ctor c�rk]�res that this action +ur�l have n� �r�a�erial effec� or� �ity funds. Nr�:l Sulsu�itt�d fur �ity h'1�nager's Uffi�G 11y: :�rtikc Gfnw�t�r Dri�i��tfng Dcjiur�M�ett! Fle�d� �sle r•Fs��r �i3d�tion�l [nforrnati�n ��o�tnrf: Dalc ]�iss�k�r Fl.Ftkl] (��) 61�0 82C17 (frurr�l 8i07 nf��:f�u�� c-��vti'l�:�s ! �►htc�x�!�'r � 1 {'1'I`Y S�'f'Fkl:'l'AE�'Y �� 1 ��1�1V�� ,IUh1 $� 2DQD 4 � /.++ k.:�iv��`4I Cily Racr�iar� nf thx <;iRy n� Fn�:'�Vs+� I#�, Ts K��