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Home My WebLink AboutContract 35488 STATE OF TEXAS § COUNTY OF TARRANT § MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ('MOU') is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and the City of Kennedale, Texas, a home- rule municipal corporation situated in Tarrant County,hereinafter called "Kennedale",acting herein by and through Bob Hart, its duly authorized City Manager. Fort Worth and Kennedale are collectively referred to herein as the"Parties". WITNESSETH: WHEREAS,Fort Worth owns and operates the Southeast Landfill which accepts Municipal Solid Waste for disposal; WHEREAS, the entrance to the Southeast Landfill is currently located along Dick Price Road which lies within the jurisdiction of the City of Kennedale; WHEREAS, access to the Southeast Landfill on Dick Price Road is significantly undersized to meet current traffic needs; WHEREAS, the Texas Commission on Environmental Quality (11TCEQ")mandates that access to the Southeast Landfill be safe and adequate; WHEREAS,Fort Worth has constructed a new road within its incorporated city limits by which Fort Worth may gain access to the Southeast Landfill; WHEREAS, Fort Worth desires to expand the areas of the Southeast Landfill to accept additional municipal solid waste; WHEREAS, Fort Worth was issued a permit amendment to operate the Southeast Landfill known as MSS'Permit Amendment No. 21 8B on April 11,2007; WHEREAS,Fort Worth is seeking a second major permit amendment from TCEQ to its permit to operate the Southeast Landfill, WHEREAS, Kennedale has requested wastewater service from the City of Fort Worth through a connection in the Oak Crest Neighborhood within the incorporate limits of Kennedale; WHEREAS, Kennedale may have standing with the Texas Commission on Environmental Quality to object to the expansion and permit amendment of the Southeast Landfill; NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed,the Parties hereto agree as follows: 1.Definitions Includin shall mean including but not limited to. Southeast Landes shall mean the landfill owned by Fort Worth that accepts Municipal Solid Waste, located at 6900 Dick Price Road, Fort Worth, Texas 76060 and all improvements thereto. 2. Purpose The purpose of this MOU is to set out the terms and conditions to be undertaken by Fort Worth and Kennedale for the provision of wastewater service by Fort Worth through a Wholesale Wastewater Contract. This MOU shall be a binding agreement, establishing certain rights and duties for both Parties, and all covenants herein shall be enforceable as allowable by law. 3. Landfill Permit Amendment and Modification a. Fort Worth has applied to TCEQ for two major permit amendments to TCEQ Permit No. MSW-218 for the vertical and horizontal expansion of the Southeast Landfill,to include but not limited to the following terms: i. authorize the relocation of the site access road from Dick Price Road to the Interstate Highway 20 frontage road; ii. to change the undeveloped area of the permitted landfill that is permitted to accept Type IV to material to allow acceptance of Type I municipal solid waste; in. to modify the Southeast Landfill operating hours to allow the site to operate 24 hours per day/It days per week; iv, to improve the site's stormwater management system through the addition of the MOU between Fort Worth A-nd Kennedale erl 06,20.000final Page 2 of 6 perimeter channel system and two stormwater detention ponds; v. to expand the existing footprint of the Southeast Landfill from approximately 165.6 acres to approximately 172.0 acres, which shall laterally extend the footprint approximately 6.4 acres;and vi. to increase the Southeast Landfill capacity 25,233,000 cubic yards due to the conditions of the major permit amendment. b. On April 11, 2007, Fort Worth received approval from TCEQ to amend its permit to operate the Southeast Landfill known as MW Permit Amendment No. 2188. Fort Worth is awaiting TCEQ's approval for its second major permit amendment to operate the Southeast Landfill to achieve the terms listed in 3a.i-vi. c. In exchange for the provision of wastewater services to Kennedale by Fort Worth under the terms shown in Attachment A, Kennedale shall withdraw its letters dated March 27th, and June 120'(2006)to TCEQ Such withdrawal shall be in written form and sent to TCEQ within ten(10)business days following the date this MOU is fully executed. d. Furthermore, Kennedale agrees that it shall not object to Fort Worth's request for two major permit amendments as described in Section 3a i-vi, in any manner or fashion that would negatively influence TCEQs decision to grant these amendments to TCEQ Permit No. MSW-218. e. Both Parties agree that they will work cooperatively to prepare and execute all necessary documents as are necessary to carry out the terms of this MOU in a timely manner. 4. Wastewater Service In exchange for Kennedale's cooperation in seeking approval of Fort Worth's application for its second major permit amendment as described in Section 3a i-vi above, Fort Worth agrees to enter into an amendment to Kennedale's Wholesale Wastewater Contract known as Fort Worth City Secretary Contract No. 20141 under the terms shown in Attachment A for the provision of wastewater service to the Oak Crest Neighborhood provided this service does not conflict with wastewater service currently provided to Kennedale by the City of Arlington. 5. Immunily It is expressly understood and agreed that, in the execution of this MOU, neither of the Parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this MOU the Parties do not intend to create any obligations, MOV between Fort Worth And Kennedide erl 0610.47vlOfiaal Page 3 of 6 expressed or implied, other than those set forth herein and this MOU shall not create any rights in parties not signatories hereto. 6. No Third-Party Beneficiaries This MOU shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner,be considered a third party beneficiary of this MOU. Each Party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 7. Non-assignability Except as otherwise expressly provided herein, this MOU is non-assignable, and any unauthorized purported assignment or delegation of any duties hereunder, without the prior written consent of the other Party, shall be void and shall constitute a material breach of this MOU.. 8. Entirety This MOU and all attachments incorporated herein by reference constitute the entire MOU by the Parties hereunder, and any prior or contemporaneous oral or written agreements shall be replaced or superseded by this MOU. 9, SeveraWity In case any one or more of the provisions contained in the MOU shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this MOU, and this MOU shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 10. Venue This MOU shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this MOU shall be in Tarrant County,Texas. 11. Authorization The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have the necessary authority to execute this MOU on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. MOU btrweta Fort Worth And Kennedatt,eil 06.20,VY10final Page 4 of 6 12. Notices Any notices (unless otherwise specified herein), bills, invoices or reports required by this MOU shall be sufficient if sent by the Parties in the United States mail, postage paid,to the address noted below: If to Fort Worth: City Managers Office City of Fort Worth 1000 Throckinorton Fort Worth,Texas 76102 Copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth,Texas 76102 If to Kennedale: City of Kennedale ATTN: City Manager 405 Municipal Drive Kennedale,Texas 76060 EXECUTED in triplicate in Fort Worth and/or Kennedale,Tarrant County, Texas. ,CITY OF ORT WO CJ1 ,Y-OFKENNEDA!LE 'y X Bob Hart ASSISTANT CITY'MANAGER CITY MAN ACQER DATE: DATE: MOV betw"n Fort Worth And Kennedale crt 0610.4700fina3 Page 5 of 6 APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY t�, &,Jk ASSIST ART CITY ATTOPNEY CITY ATTORNEY ATTEST ATTEST MARTY H i RIX _ KATHY TUFf4ER CITY SECRETARY CITY SECRETARY Mou betw"n Fort Worth And Ktautd le crt 06.20.Civl4final Page 6 of ATTACHMENT A General Terms for the Provision of Wastewater Service to the Oak Crest Neighborhood by Amendment to Kennedale's Wholesale Wastewater Contract known as Fort Worth City Secretary Contract No. 20141 In exchange for the provision of wastewater service to the Oak Crest Neighborhood as shown in the map attached hereto as Exhibits 1&2, Kennedale shall provide the following: * Kennedale shall provide an inline manhole on the M-257-C. * Kennedale shall ensure private sewer backflow devices are installed at Kennedale properties fronting on and south of Oak Crest Drive and at any sewer plumbing connection that are below elevation 578'. * Kennedale shall ensure that the sewer main connection to M-257 shall have an air gap in the infine manhole. * Kennedale shall construct a Sewer Metering Station and shall provide electrical power to the Sewer Metering Station. r� r m r u roar owl ,III, rill r YAM �� , y w p�'rr,r r~ ✓.�� r�� ,Y�f".«,; � ��"�,�n r,d fir'mad•. I . v n I ,«fin i i U V • • _ +M Ar i AN 1 a k it � erg oil, D41 VEER RE4,, SER ME AREA �� rc sw. �� P i!4 `4•r � .� � w�N� wr.MM1pMaN� h ..��""� �` �� Iw ..�. h eon kk ExHr 2 FORT WORTH SANITARY SEWER SERVICE AREA