HomeMy WebLinkAboutContract 17209CONTRACT FOR WATER SERVICE BETWEEN
,rHE CITY OF FORT WORTH, TEXAS, AND
RAICHLAIID HILLS, TEXAS
STATE OF TEXAS §
COANT Y OF TARRANT §
CITY SECRETARY
CONTRACT No-2f/a
This contract and agreement is made and entered into this
1-0thday of April 1 19 89 , by and between the City
of Fort Worth, a municipal corporation located in Tarrant County,
Texas, acting by and through Ruth Ann McKinney, its duly
authorized Assistant City Manager, hereinafter called "Fort
Worth," and the City of Richland Hills, a municipal corporation
located in Tarrant County, -Texas, acting by and through
W. H. Vincent,.
Jr, I its duly authorized Mavor hereinafter
cal led "Customer."
WHEREAS, Fort Worth has provided at its own expense, and now
owns, operates and maintains facilities for processing and
distributing a large supply of surface water, and at the present
time is qualified to furnish and deliver treated water, both
within and without the corporate boundaries of Fort Worth; and,
WHEREAS, Customer has provided at its own expense and now
owns, operates and maintains a distribution system; and furnishes
water service to the customers within -L+L-.s boundaries, and,
WHEREAS, Customer does not have and cannot provide
economically and within a reasonable period of time, any other
source of water supply, fully adequate to meet its present
and/or future needs or potential emergency needs; and,
I
'-%,,HERP-AS, it U
-
is deemed to
be
in the
best ?Merest of both
'Fort- Worth and
Customer that
said
parties
do enter into a
mutual iv satisfactory agreement
by
means
of which Customer may
ob-IC-ain from Fort
Worth a supply
of
treated
water at a reasonable
rate; and,
WHEREAS, 1by -,.-,he execution of this contract, neither Fort
Worth no Customer will surrender an-y of its rights to the
ownership and operation of its present water production and
distribution facilities, and,
WHEREAS, on the 29th day of March, 1963, Fort Worth and
Custo,ri,ter entered into a contra-ct, same being Fort Worth City
A
Secretary Contract No. �*7151, providing for the supply of potable
water from Fort Worth to Customer; and,
WHEREAS, ustomer desires to continue to contract for the
purcilase of treated water and Fort Worth desires to continue to
sell treated water to Cus-ILomer; and
WHEREAS, SectIon 402.001 and 402.075 of the Texas Local
Gover-rument Code, authorize Fort Worth and Customer to enter into
this agreemen-t;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, for and in consideration of the mutual covenants,
promises and agreements contained here -in, Fort Worth and Customer
do here by covenant and agree as follows:
1.
De in -ions
1. 1 "Annual Consumption" is the total quantity of water
purchased under the terms of this contract by Customer during the
-ermined by the difference in the
fiscal year of For� Wort�-- -s det
annual October meter read4ngs.
-2-
"Average Daily Use" is the total Annual Consumption divided
by 365 days.
1.3 "Treatment, Pumping and Transmission Charge" is that part of
the rate charged for 1,000 gallons used, regardless of rate of
use. This charge shall include the maintenance and operation
costs, and the capital facilities cost on the part of the
production and transmission system related to annual use.
1,4 "Customer SystenP is all necessary Customer mains and
distribution facilities on the Customer's side of the meter from
and beyond the point of delivery of treated water by Fort Worth.
1.5 "Delivery Facilit;— is any facility necessary for the
transmission of swater from the Fort Worth System that is on the
Customer's side of the point of delivery that is constructed
specifically to allow Fort Worth to serve Customer.
1.6 "Director" is the Director of the City of Fort Worth Water
Department or his designee.
1,7 "Fiscal Year- is the fiscal year of Fort Worth from October
! through September 30.
1.8 "Fort Worth System" is the Fort Worth water treatment and
distribution system,
1.9 "General Benefit Facilities" are water facilities that
provide utility SEll-ViCEM
Mid benefits common
to all
customers which
include water
treatment facilities,
metering
facilities,
control systeras
and appurtenances,
storage
facilities,
pumping facilities
and all major mains
that are
sixteen inches
(16") and greater
in diameter.
1.10, "MGD" is million gallons per day.
1.11 "Maximum Day De ?and" is the ma mu quantity of water used
by Customer during one calendar day of the Fiscal Year of Fort
Worth.
1.12 "Max-iquirt Hour Demand" or "Peak Four Rate" is the quantity
of water used by Customer during the one hour of the year that
sore water passed through the meter or meters serving the
Customer than during any other hour of the Fiscal Year of Fort
Worth multiplied by 24 hours.
1.13 "Rate of Use Charge" is the fixed charge determined for the
Maximum Dav Demand in ex--ess of Average Daily Use and the Maximum
Hour Demand in excess of Maximum Day Demand rates of use.
1.14 "Raw Water Charge" represents the rate for 1,000 gallons
charged by the Tarrant County Water Control and Improvement
Distrl'ct, No. I to Fort Worth for raw water to be sold to the
/I
Customer plus eight percent (8%1 of said rate, representing Fort
Worth system losses of four percent (4%), and the street rental
charge of four percent (4%).
1.15 "System Access Fee" is a capital contribution which
represents a proportional capital cost of general benefit capital
facilities capacity, less depreciation, outstanding debt, and
contributions paid to Fort Worth, required to provide service for
new connections, whether located within the jurisdictional limits
of Fort Worth or Customer.
1.16 "System Cost" is the operating expense and capital related
-cost incurred by Fort Worth pursuant to the provision of water
treatment and transmission to the wholesale class of water
c iust.vmers e Such costs are to be collected by Fort Worth as a
component of the annual cost of prodding wholesale water
ser ioe
1 s 1 "Vo.lu to Charge" represents the conabined treatment, pumping
and trans massion charge and the raw water charge in effect for
the current Fiscal Year.
2.
Terns and Condi- ons
�1 Fort Worth agrees to furnish and sell to Customer treated
water of potable quality meeting all applicable governmental
standards, '-delivered under the normal operating pressure
prevailing in the Fort Worth System at the paint or points of
delivery mutually agreed upon. Customer agrees to accept
delivery under the conditions of this agreement and to pay for
the same in accordance with the terms herein,
e 2 In accordance with the terms of Fort Worth City Secretary
Contract No. 12720 between Fort Worth, City of Arlington, City of
Mansfield, rinL ty River Authorlty and the Tarrant County Water
Control and Improvement District No. 1, this contract shall be
deemed subordinate In all respects to the wager requirements of
the above contracting parties as specified in Section 3 of that
contract,
2.3 If Fort Worth shall rations the use of water throughout its
corporate limn is or issue water conser ation measures or restrict
the use of s¢ate-- in any way, Customer agrees to .institute and
apply the same rat— Toning, conservat i on measures, or restrictions
to the use of water by the customers of Customer for so long as
any part of the total_ stater supply of the Customer is being
furnished by Fort Worth. Fort Worth agrees to Consult with the
5
Water System Advisory Com-mittee, hereinafter created, in the
development of any conservation or rationing plans that may be
necessary to address operational constraints whether or not same
are required by any state or federal regulatory agency, or are
deemed advisable by the Water System Aldviisory Con-anittee to manage
long term System Costs, except where emergency conditions -may
dictate short-term conservation or rationing requirements as may
be determined by the Director to meet all necessary water
demands,
3,
Location and Maintenance of Measurina Devices
3.1 All water furnished under this agreement by Fort Worth shall
be measured by one or more suitable meters equipped with
continuous flow, chart recordin: devices, and telex etering
equipment connected with the Fort Worth control center. All
meters, recording devices, telemetering equipment and
appurtenances shall be approved and installed by Fort Worth.
Customer shall pay for the meter vault and all metering
equip 4ment, including telemetering equipment to the Fort Worth
control center, a,-Iid appurtenances, plus the installation cost
thereof. Fort Worth shall day all costs assocliated with the
operation and maintenance of said equipment and shall pay for the
replacement of said equipment as necessary. Such costs, as well
as charges for the telelink line and microwave transmitter and
the power to operate same, shall be a System Cost.
3 a 2
The point
or
points of delivery of treated water by Fort
Worth
shall be
the
meter vault connection to Customer's side of
the meter,
and
all
necessary mains and distribution facilities
from
and beyond
said
point shall be the responsibility of
Customer. 'Phe
location of each meter shall be mutually agreed
upon
in writing
by
and between the parties hereto, and the meter
-6-
or meters
shall
not
be
moved
or relocated except by mutual
consent in
writing
the
parties
hereto.
3.3 For ;,he cost of each additional Customer connection to the
Fort Worth System, Customer will pay an amount not less than
that which would be paid by a developer to Fort ;north under its
then existing connection and line extension policy, or an amount
agreed upon mutually by Fort Worth, Customer, and the eater
System Advisory C'ommittee.
3.4 Either party, at its own expense, may instal a check meter
to check or measure the volume of water passing the master meter,
provided that, :f such check meter is installer, the same rules
and re uiati.ons relative to its operation, maintenance and
reading shall apply as 'Co the ruaster meter being tested.
Meters
4.1 Fort Worth shall routinely test, for accuracy, and service and
call rate if necessary, the master Yet r(s) no less than once
duriLng each twelve ) month period. Copies of the results of
such calibration and all rebated information shall be provided to
Customer. Customer shall have access to the metering facilities
at all reasonable times; provided, however, that any reading,
calibration or adjustment to such metering equipment shall be
done by employees or agents of Fort Worth, or ether mutually
approved third party calibration went, in the presence of
representatives of usto er and Fort Worth, if so requested by
(_''x, tos er. Notification of any proposed test shall be provided to
the Customer at ieas t seventy-two ) hours prior to such test
beina conducted and Customer may observe such test,, if so
4.2 Upon any calibration, if it is determined that the accuracy
envelope of such meter is found to be lower than ninety-five
percent (95%) or higher than one hundred five percent (105%)
exTpressed as a percentage of the full scale of the meter, the
registration of the flow as determined by such defective meter
shall be corrected for a period extending back to the time such
inaccuracy began, if such time is ascertainable; or, if such time
is not ascertainable, then for a period extending back one-half
(1/2) of the time elapsed since the date of the last calibration,
but in no event further back than a period of six (6) months.
All meters will be properly sealed, and the seals shall not be
broken unless representatives of both parties have been notified
and given a reasonable opportunity to be Present.
4.3 if any meter used to determine the flow of treated water to
Custorter is out- of service or out of repair so that the amount of
water metered cannot be ascertained or computed from the reading
thereof, the water delivered during the period such meter is out
of service or out of repair shail be estimated and agreed upon by
the parties hereto upon the basis of the best data available.
The basis for estimating such flow includes, but is not limited
to, extrapolation of past patterns of flow for said metering
station under similar conditions. In the event that the parties
hereto cannot agree on the extrapolated estimate of water volume
delivered, agreement on the flow volume will be determined by
third party arbitration, as hereinafter provided.
5.
Meter Readinq and Billinq
5 � 1 Fort Worth will read all meters provided for herein at
mon-thly ilntervals, and the part es to this agreement shall have
free access to read these respective meters daily, it either
party so desires. it shall be the duty of the parties to give
'jumed. iate not-
-ice, eacIn to the other, should any meter be found
-8-
not° function.Ing properly.. and, upon such notice; repairs to such
meter shall be made promptly.
5 2 All readings of meters will
Journals maintained by Fort Worth.
such records dgyring reasonable
furnished with monthly readings
metering facility.
be entered in ink upon bound
Customer shall have access to
business hours and shall be
for each point of delivery
5,3 if Customer has more than one point of connection to the
Fort Worth System the sum of all meter readings and rates of flow
shall be used for the purpose of calculating the water Volume
Charge and the Rate of Use Charge.
5.4 A review of water usage amounts by Customer for the past
twelve (112) on nth shall be made during the presentation of the
October bill each year. The October statements shall be prepared
so as to reflect any and all Rates of Use Charges which have not
been previously billed and paid. A copy of the rate of flow
charts or other records showing the Maximum Day Demand and the
Peak Hour Rate of the year shall be furnished to Custower with
the October billing.
5.5 Bills fcor water service shall be rendered to Customer
monthly by Fort Worth. All such bl"lls shall be due and payable
by Customer not more than thirty (30) days from the billing date.
The bills will show current charaes, as well as past -due charges,
if any. Past -due charges shall be the total amount unpaid from
all prior billings as of the current billing date. Payments
received by Fort Worth shall first be applied to the past -due
charges, if any, and thereafter to the current charges.
5 , 61 T-f Customer disputes a bill and is unable to resolve the
difference informaliy, Customer shall notify the DireCtor in
writing. if the Direc"Cor and Customer are unable to resolve the
-9-
is used bill, agreement on the bill will be determined by third
party arbitration, as hereinafter provided. ID'ispute of a bill
shall not be grounds for non-payment. in the event a payment is
not paid as specified in this agreement, a finance charge of ten
percent (10%% per annum will be calculated from the date which
the payment was required to be made. In the event that a billing
adjustment is agreed upon or established by arbitration the
amount- found to be Mcorrect will be credited to Customer's
account together with an interest charge of ten percent (10%) per
annum calculated from the date payment of the disputed bill was
received.
6.
Rates
6.1 Method of Rate Determination
6. 1 ® 1 Wholesale water rates will be based upon a cost -of -ser-
vice -rate study performed by independent utility rate consultants
as provided for in Section 6.1.5 hereof. The independent utility
rate consultant shall be selected by the Director from a list of
five qualified firms submitted to the Director by the Water
System Advisory Committee. The cost of any such study shall be a
System Cost. All cost -of -service studies shall be conducted
utillzina the utility cost basis of determining revenue
requirements applicable to the wholesale customer class.
6,12 The cost -of -service for the wholesale class shall
include allocated reasonable and necessary operation and
maintenance expense, depreciation expense and a fair and
reasonable return on allocated cap tag facilities. To determine
the al"Locati(.,)n and distribution of costs to the wholesale
custo;,,ier class, the li-nde-pendent utility rate consultant shall
consider at least the following factors: total volume, rate of
flow, metering, and custoater-related costs such as accounting,
billina, and monitoring. Capital -related costs will consist of
deprec-Lation expense and return on original cost rate base. The
rate base shall consist of all allocated capital facilities, net
of depreciation and c on-tr ibut ions, and shall include construction
work in progress, a reasonable allowance for working capital, and
a reasonable inventory of materials and supplies necessary for
the efficient operation of the Fort- Worth System. Records of the
original cost and the accumulated depreciation of all capital
fail itees shall be rila 4
_Lntained in the Fort Worth Fixed Asset
Tracking System. These records shall be available for inspection
at the Fort Worth Water Department during reasonable business
hours upon request by Customer.
6. 1 - 3 Fort Worth shall be allowed an adequate opportunity to
earn a reasonable rate of return. The return shall be sufficient
to assure confidence in the financial soundness of the utility,
shall be adequate to maintain and support its credit, shall
enaMle it to raise the money necessary for the proper discharge
of its public duties, and shall be equal to the weighted
average imbedded cost of outstanding debt plus one and one-half
percent (.1-1.
6m1.4 For the wholesale service period between October 1,,
f L98", and September 30, 1989, the
wholesale water rate study
completed September 1987, by
Touche Ross and Company will
111,
renn.ain in effect, For the Fiscal
Year beginning October 1, 1989,
Touch.e Ross and Company will be
hired to revise the wholesale
water rate study completed September 1, 1987, using the same
methodology, save and except that
the detalled wholesale revenue
-equirement will be developed on
an actual historical cost test
yea-r basis utilizing 1987-88 data
and allowing for reasonable and
nelcessary expenses of providing
such wholesale water service.
Fort Worth will adust wholesalle
water rates annually for Fiscal
Years beginning 0--tober IL, 1990,
1991 and 1992, using the same
methodology as that utilized by Touche Ross and Company in its
most recent rate study.
61.5 For the Fiscal Years beginning October 1, 1993, 1996,
1999, 2002, 2005 and 2008, a detailed wholesale water rate study
will be performed by an independent utility rate consultant
selected by the Director in conformance with Section 6.1.1 herein.
The same methodology used in the immied-Late previous rate study
will be utilized by the rate consultant so selected. In the
interim Fiscal Years between detailed rate studies, Fort Worth
will adjust wholesale water rates annually, using the same
methodology as the last detailed rate study, and will utilize the
actual operating data for the twelve month period ending
September 3101th of the prior year, adjusted for all known and
measurabie changes in cost data that may have occurred since the
last- audited financial statement. Such adjustments should allow
for year-end trending and the spreading of non -recurring expenses
over an appropriate benefit period.
6. 1 .6 Changes in the wholesale water rate methodology will be
allowed If recommended by a majority vote of the Water System
Advisory Coramittee and approved by the Fort Worth City Council.
For purposes of this section, a majority is defined as any
combination of Fort Worth wholesale customers that took more than
fifty percent (50%) of the wholesale water delivered by Fort
Worth during the ii-m-ned.-Late past Fiscal Year.
6.2 Rates to be Used
6.2.11
The
charges for
the
initial period of
this contract
shall
be from
the date of
its
execution through
September 30,
1989,
and have
been computed
as
follows:
The Treatment, Pumping and Transmission Charge shall be
$0.3183 per 1,000 gallons withdrawn by Customer.
-12-
The raw water charge shall be $.5186 per 1,000 gallons
for 'Customers inslide the Tarrant County Water Control -
and Improvement District #1, and $.6191 for Customer's
outside the District.
The annual charge per MGD of Maximum Day Demand in
excess of Average Daily Use shall be $62,974 per MGD,
and Maximum Hour Demand in excess of the Maximum Day
Demand shall be $29,450 per Mc3D,
The service charge shall be $25.00 per month per meter.
6.2.2 The amount charged for raw water shall be increased or
decreased when the raw water cost paid by Fort Worth for water
available for treatment and salem - to Custoer is Increased or
vaLl
decreased as determined by the Tarrant 'County Water Control and
improvement District No. 1 in accordance with Fort Worth City
Secretary Contract No. 122720, and adjusted for system losses and
street rental.
6 2 - 3 The parties hereto agree that services obtained pursuant
to this contract are essential and necessary to the operation of
CustOmer's waterworks -facilities and that all payments made by
Customer hereunder shall constitute reasonable and necessary
operating expenses of Customers waterworks and wastewater
systems within the meaning of Article 1113, Vernon's Annotated
Texas Slltot-utes and the r,:Lrov is ions of any and all ordinances of
Custome_r authorizing the issuance of any revenue bonds of
Cart;--mer which are payable from its waterworks and wastewater
systy mis.
F 6. 2, 4 Customer agrees, throughout the term of this agreement,
to fix and collect such rates and charges for water service to be
supplied as will produce -revenues in an amount equal to at least
-13-
(i) all of operation and maintenance expenses of such system,
including specifically its payments under this agreement; and
(ii) all other amounts as required by law and the provisions of
the ordinances or resolutions authorizing its revenue bonds or
other obligations now or hereafter outstanding, including the
amounts required to pay all principal of and interest on such
bonds and other obligations.
6.2.5 Customer understands that Fort Worth City Council has the
right to annually revise the rates charged to cover all
reasonable, actual, and expected costs. Revision of rates shall
be pursuant to the provisions set forth in this contract. Fort
Worth shall give Customer a minimum of six (6) months notice of
intent to revise rates. Fort Worth will furnish members of the
Water Advisory Committee a draft copy of the cost -of -service
study of the proposed rates sixty ( 60 ) days prior to Fort Worth
submitting a rate increase request to its City Council. Within
thirty (30) days of receiving the draft study, the Committee will
submit its written comments on the draft study to Fort Worth, and
Fort Worth will respond to these comments as soon thereafter as
possible. If the Committee has not provided its written comments
within said period, the Committee is deemed to have accepted the
proposed rates contained in the draft study, and Customer agrees
that it will be bound by the rates as approved by the Fort Worth
City Council. The rates approved by the Fort Worth City Council
shall be the rates to be used in this contract for the succeeding
Fiscal Year.
7.
Pa-y*ment for Water
Payment of charges to Fort Worth for water used by Customer
shall be made as follows:
. l The annual pa rent will be the charges computed based can all
r r d north to Custo �er during the current
Fiscal Year us -Ling rates pro,Ylded herein. For purposes of
calculating, the annual pa��ent, the current year will he the
Fiscal Year during which the eater usage occurred. However, the
mini-mumannual- payment, will be the greater of the fol.lowi g.-
1. the charges calculated by applying the current Volume
Charge to Annual Consumption, the appropriate meter reading and
filling charge, and the Rate of Use Charge for the current Fiscal
Year; or
the current Fiscal year 'Volume Charge, the appropriate
meter reading and billing charge, and the current. Fiscal Year
Rite of Use Charge applied to the average of the Maximum Day,
enad above Average Daily Use and the average of the Maximum
Hour Deland above Maximum Day Demand for the most recently
completed -three Fiscal Years., The most recently completed three
Fiscal Years will include the current Fiscal year; or
3Twelve thousand dollars $1. , 0 m
The rate at which eater is withdrawn from the Fort Worth
System by Customer shall be regulated by rate -cif -flaw
controllers, pumps, or other approved methods. The rate of
withdrawal shall be controlled so that the maximum rate shall not
exceed 1.35 times the Maximum Day Demand experienced during the
precious year unless Customer has notified the Director In
=meriting t least ) months prior to the date of the anticipated
increase in the Maximum Day Demand, The Director shall be
furnished with all pertinent information regarding the proposed
increase se in maximum rate of withdrawal. The Director may naive
all notice requirements ii, l n his sole opinion, said notice is
not necessary to protect the interest of Fort Worth.
-15-
7,3 Except as provided for in section 8 below, the monthly
payment will be the greater of either one thousand dollars
($1,OWI or a sum equal to the Volume Charge for the actual
volume of water taken plus one -twelfth (1/12) of the sum of the
estimated Rate of Use Charges and the appropriate Fiscal Year
charges for meter reading and billing. For purposes of
estimating the rate of use payments, the current Fiscal Year Rate
of Use Charges will be applied to the prior Fiscal Year's Maximum
fay
Demand, Maximum Hour Demand and Average Daily Use.
7.4 The total annual payment for water by Customer shall be
related to the annual and peak volumes used by Customer during
the Fiscal Year, as determined by meters, flow recording devices
or other approved methods, subject to the annual payment
provisions set forth above. The October bill for September usage
shall. reflect any necessary adjustment to the annual payment due
to actuai rates of withdrawal from the Fort Worth System.
Example
The rate used in the example is based on Customer not being
in Tarrant County Water Control and Improvement District No. 1
and water being withdrawn at one metering station, and the Volume
Charge and Rate of Use Charges In effect until September 30,
1989.
-16-
Rate
of
Monthly
Usage
Volume
Use
Service
Month
Consumption
he
re
Charges
Total
Oct,
1,0008000
$ 31.40
1,352.02
$25
2,314.42
Nov,
1,000,000
9371.40
1,352.02
25
2,314.42
Dec.
1,000,001
37.40
1,352.02
25
2,314.42
Jan.
1,000,000
937.40
1,352.02
25
2,314.42
Feb.
1,,0 ,000
937.40
1,352.02
25
2,314.42
March
2,000,000
1,874.80
1,352�02
25
3,251.82
April
3,000,000
2,812.20
1,32.02
25
4,189.22
May
3,000,000
2,812.20
35"'.02
25
4,89.22
June
3,000,000
2,812.20
1,352<02
25
4,189.22
July
3,000,000
2,812.20
1,352.02
25
4,189.22
August
4,000,000
3,749.60
1,352.02
25
5,126.62
Subtotal
2-1,000,000
$21,560. 0
$14,872.22
275 $36, t07.42
Sept. 3,000,000 2,812.20 2,662.83 25 5,500.03
26,000,000 $24,3712.40 $17,5 5.05 300 $42,207.45
Prior Year Rate 01 Use Calculation
for use 1n estimated monthly Rate of Use Charge)
Average Daily Use for the prior veal 60,000 gallons
Maximum Day Demand for the prior year 175,000 gallons
Maximum Hour Demand -for the prior year - 480,000 gallons
Maximum Day Demand above Average Daily Use - 115,000 gallons
Maximum Hour Demandabove Max-imum Day Demand _ 305,000 gallons
Monthly Excess Maximum Day and Hour Payment Calculation
115 mg X $62, 674 $ 7,242,01 (Maxim day)
,305 mug $29, 450 8, 982 . 2 (Max t hour)
Total `m1, 224.26
Monthly l Rate of Use Paymient (Total Divided 121= $1, 52.02
-17-
A. The annual oavment calculation will be computed on the basis
of the current near maximum usacre rates or the average of
the maximum usaae rates of the most recent three Fiscal
Years, whichever is areater. In Examle A, the current near
exceeds the averaae of the most recent three Fiscal Years.
Current Year Rate Of Use Calculation
Average
Daily Use for the year
71,233
gallons
Maximum
Day Demand for the current
year
200,000
gallons
Maximum
Hour Demand for the current
year
520,000
gallons
Maximum
Day Demand above Average
Daily Use
128,766
gallons
Maximum
Hour Demand above Maximum
Day Demand
320,000
gallons
Fiscal Year Average of
Most Recent
Three Years
CURRENT
FY
FY
FY
1988
1987
Maximum
Day Demand
above Average Daily Use
128,766
115,000 130,000
Maximum
Hoer Demand
above
Maximum Day Demand
320,000
305,000 325,000
Three year average of Maximum Day Demand
above Average Daily Use 124,589
Three year average of Maximum Hour Demand
above Maximum Dav Demand 316,667
Customer's annual payment will be based on the greater of the
current year maximum usage rates or the average of the maximum
usage rates of the most recent three Fiscal Years.
aff-a
Annual Payment Calculation FY '89 Rates
(Bcased cn Cur -rent-, Year Data)
26
,000 X .93114 $24,372.40
.1288 mg X $62,974 8,111.05
.3200 mg X $29,450 9,424.00
12 X $25 X 1 300.00
Total Annual Payment $42,207.45
Previous B-illings for
October through August Usage 36,707.42
October Billing for September
Usage $ -,;,500.03
Bff ample of comnutation when the average of the maximum usage
rates of the most --ecent-three Fiscal Years is areater than
the current Fiscal Year rate of -use:
Current Year date of Use Calculation
Average
Daily Use for the current year
71,233
gallons
Maximum,
Day Demand
for the current year
= 200,000
gallons
Maximum.
Hour Demand
for the current year
520,000
gallons
Maximum
Day Demand
above Average Daily Use
128,766
gallons
Maximum
Hour Demand
above Maximum Day Demand
320,000
gallons
Fiscal Yea-- Average of Most Recent Three Years
Maximum Day Demand
above Average Daily Use
Ma: ;_mum Hour Demand
above Maximum Da v Demand
I
_19-
CURRENT
FY
128,766
320,000
FY Py
1988 1987
130,234 130,000
323,010 325,000
Three year average -LE Ma .i���um Day Demand
above Average Dally Use 129,670
ire w year average of Maxi'mum Hour Demid
above Maximum Day Demand 322,670
Customer's annual payment will be based on the greater of the
current Fiscal Year maximum usage rates or the average of the
maximum usage rates of the most recent three Fiscal Years.
Annual Payment Calculation F ' 9 dates
(Based on average of most recent three years)
26,000 X 937
,1297 mg X S62,974
,3227 m 29, 5
12 25 X 1
Total annual Payment
e t
Previous Billings for
October through August Usage
October Billing for September
Usage
8.
Effective gate of contract
,2 ,372.40
,167.73
9,503._52
300.00
2,3.65
5,636.23
8.1 The effective gate of this contract for all purposes will be
prl1, 1939 subject to the provisions of section 8.2 hereof.
.2 Effective
with
and only with
the April 1, 1989, billing,
Fort north will
conduct a one-time
only mid -year settle -up, as
Provided for in
this
section. Fort
Worth will compare the actual
whole sale ;water
payments made 'Customer for the partial Fiscal
Year period between
October 1, 19 3,
and April 1, 1989, to that
sum of payments
that
Customer would
have made in accordance with
section 7.3 above,
If Customer has paid Fort Worth more than
20-
that amount required under section It .3 above, Fort Worth will
credit that surplus to Customer's subsequent monthly billings
until said surplus is exhausted. If Customer has paid Fort Worth
less than that amount required under section 7.3 above, Clustomer
wili pay Fort Worth that deficit amount as part of the April 1,
1989, billing. Per annum interest charges required by section
6-5,6 herein wi-11L not be applicable to any payments or credits
made under this section,
0
Life of contract
9.1 phis contract shall expire on December 31, 2010, and may be
renewed on terms mutually agreeable to the parties hereto.
10.
Riahts-of-way
10<1 Customer shall grant, without charge to Fort Worth,, such
easements and rights -of -way along public highways or other
property owned by Customer, as requested by Fort Worth, in order
to construct or maintain mains or facilities within the corporate
Iii-nits of Customer to provide water to Customer and to other
areas. Upon notice from Customer and at Fort Worth's expense,
Fort Worth will move such water mains or facilities located in
such street rights -of -way, or othe-- property owned by Customer
when reasonably necessary to the performance of essential
governrentalduties by Customer. For -IC, Worth sha-11 grant, without
charge to C-ustoter , such easements and rights -of -way along public
highways or other property owned by Fort Worth, as requested by
Customer, in order to construct and maintain water mains or
facilit.i'es within Fort Worth to provide water to Customer.
Upo-n notice from Fort Worth and at Customer's expense, Customer
will move such water mains or facilities when located in such
street right-s-of-way or other property owned by Fort Worth when
-2 1-
reasonabily necessary to performance of essential governmental
duties by Fort Worth. All work done by or on behalf of Fort
Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar
-I L LI - _L J_
nature performed within Fort Worth, but neither party hereto will
be required to resto-re the other's property to a condition
exceeding its original condition, unless otherwise mutually
agreed in writing. Fort Worth and Customer agree to coordinate
the location of the mains and/or facilities in the other's
easeratents and rights -of -way in order to prevent further conflicts
insofar as is reasonably practicable.
ii.
State Helth DeDartment ApDroval
11.1 `he Customer vstem shall be approved by the as State
Department of health during the life of this contract. If at any
time the Custoimer System is not- approved by the Texas State
Department of Health, or if Customer does not have an active
cross -connect ion control program, there shall not be any direct
physical connection between the Fort Worth System and the
Customer System unless an approved backflow prevention device has
been provided and installed and this installation has been
approved by the Texas State Department of Health. All expenses
to Provide and install backflow prevention device(s) will be
borne by Customer,
12 ,
Resale of Water
12.1 Customer agrees that it
will not share
facilities for water
system use
with any othen,_-
governmental or corporate entity
outside ol"
the certificated area
of: Customer,
connumonly known and
referred t
c o as its servIe
area, w�L -shout
tie eress written
xp
corlsen't (,-)f
Fort Wo-irth, which
consent shall
not be unreasonably
-22-
withheld. Fort Worth neither recognizes nor approves any
existing agreements entered into by Customer with other
governmental or corporate entities outside its service area.
12.2 Customer agrees that it will not enter into any resale or
transportation agreement ether than as a part of ,its nor-mal
offering and supply of eater to existing and future subscribers
to its water system without the recommendation of the Water
System Advisory oaittee and express written consent of port
Worth.
lag
Sanitary Sewer Facilities
13,1 The Customer covenants that adequate sanitary sewage
facilit:Les - eetinc state health department requirements will be
prodded for users of water obtained from the Fort worth System..
Z.
Additional Parties
.l Fort worth will use its best efforts to provide an adequate
water supply for all of its custo :ers. Prior to the approval of
additional wholesale customers, Fort Worth will provide
reasonable assurances that the projected fire -year water demands
of the then -existing wholesale customers so served and the
proposed additional customer can be adequately fulfilled. Fart
Worth will consult with the Water System advisory Committee prior
to contracting with additional. parties.
15,
Water Svstem Advisory or€amit.tee
15, f Customers : o. ern ing body shall annually appoint a.
representative to be a voting member of the eater System Advisory
Corwrtiittee, which (Zommi-t-tee is hereby created and established and
whose purpose shall be to consult with and advise Fort Worth,
through the Director, on matters pertaining to conservation,
wholesale Planning, improvements, grants, wholesale rate studies,
ad.,i-i-inistration, budgets, and additional wholesale customers,
whether same be wholesale customers of Customer or Fort Worth,
Sal- CoaL-nittee, at its first meeting, shall elect a Chairman,
rice-Cha'Lrman and Secretary. The Committee may establish bylaws
governing the election of officers, meeting dates and other
matter pertinent to its functioning.
M
Svstem Access Fees
16,1 In the event Fort Worth adopts an ordinance which will
Drovide for a water System Access Fee fo-y- new development within
the jurisdictlional limits of Fort Worth, Customer agrees to pay
to Fort Worth on -a cruarterlv basis a charge for each new or
enlarged connection for water service made within Customer's
jurisdl'ction served by the Fort Worth System. The charge to
Customer for such connections shall be based upon the size and
type of connection and shall be equal to the charge imposed for
the same size andVor type of connection made within the
jurisdiction of Fort Worth. The calculation of said access fees
shall be consistent with all applicable state and federal
regulations, and shall include only those costs associated with
general benefit capital facilities as herein defined.
16,2 Fort Worth agrees that all monies remitted to it pursuant
to this section will be placed in a separate account to be used
exclusively for treat tent plant, mietering and system. general
bene-1it improvenients, and will not be used for operation and
maante nance expenses of distribution system improvements. Such
funds and all interest earned thereon will be considered a
"contribution" for ratle setting purposes only.
-24-
16.3 Cust-omer shall provide to Fort Wofth information pertaining
to bul'Idi* ng per its as such permits relate to the making of new
and/or e-niarged connections within Customer's jurisdiction with
each quarterly payment required in this section. Customer
further aarees to provide such other information relating to new
and/o_-r enlarged connections as may be requested by the Director.
16.4 Fort Worth will cause to be deposited into the proper
revenue account the appropriate charge required by any future
ordinance for each new or enlarged connection for water service
made within Fort Worth's -iurisdl--tion.
J
16-5 Follow-ina the establ-is hment of a wate-- System Access Fee,
there will be created and established a Water System Access Fee
Advisory Coriamittee whose purpose shall be to consult with and
adv1se Fort Worth, through the Water System Advisory Committee,
on nutters pertaining to the methodology of calculating access
fees. Said Committee shall be composed of nine (9) members,
three (3) of which shall be me-mbers of, and appointed by, the
Fort 14orth City Council. The remaining six (6) members shall be
merntbe_-s of the City Councils of Customers' and shall be appointed
by the Tar -rant County Mayor's Council, The Chairman of said
committee shall be a Fort Worth member elected by the membership
of the committee at its first, annual called meeting. All
conimnifttee members shall serve terms of one year but may be
reappointed by the appropriate bodies for subsequent terms. On
an annual basis beginning with the first meeting of the calendar
year the committee shall consider adjustments to the access fee
amounts and the ad -ministration of such charges throug-11 the Water
System Advisory Cormirwi-ttee.
!6.6 It Is understood by and between the parties that the system
access fee referred to with"Ln this section may be construed or
fee under interpreted to be an impact fee or a capital recovery
-25-
the definitions then existing within state law. In the event
that said fee is determined to fall in that category, it may be
subject to certain state regulations as to is adoption and/car
implementation. The parties agree and jointly represent and
covenant that it is not their intent to require an illegal or
inappropriate action on the part of any participant to this
agreement. Any and all access fees, capital recovery fees or
impact fees adopted by any participant to this agreement shall be
done in full compliance with then existing state law. `1'o the
extent that this agreement requires any party t—o impose, collect
or remit any or all of a fee not in compliance with state law,
the provisions of Section 16 are abrogated and void in their
entl re ty .
17.
Terrmination
l i s 1 phis agreement may be terminated in whole or in part by the
mutual consent of Customer and Fort Worth. otwithstanding
anything contained herein to the contrary, any material breach by
either party hereto to perform any of the duties or the
obligations assumed by such party hereunder or to faithfully keep
and perform any of the terms, conditions and provisions hereof
shall be cause for termination n of this agreement by either party
in the manner set forth in this paragraphs Fort worth shall
del finer to Customer ninety (9 ) days prior written notice of .its
intention to so terminate this agreement if Customer fails to
cure or adjust such material breach., including in such notice a
seasonable description of the breach. if within said ninety 9
days Customer shall fail or refuse to cure such material breach
t-- the satisfaction of Fort north, then and in such event, Fort
Worth ha i have the right, with six months addit ona . advance
written nod Lce to Customer and without any liability whatsoever
on the part of Fort Worth, to declare this agreement terminated,
in the e*gent of termination of this agreement, all rights,
-26-
powers, and privileges of Customer hereunder shall cease and
terrain ate and Customer shall make no claim of any kind whatsoever
aaJ_nst Fort worth, its agents or representatives, by reason of
such 'term � a ti on or any act incident thereto, provided Fort Forth
acted reasonably and such termination was not unreasonable,
arbitrary and capricious. Fort Worth shall advise Customer in
writ.ing im?edlately upon acceptance of the cure of any breach.
17,2 In the event Fort Forth shall ration the use of water
throughout its corporate limits or issue water conservation
Measures o--r restrict the use of water in any way as provided for
i °n erection 1 hereof, and Customer fails or refuses to institute
and apply the same rationing, conservation, or restrictions to
the use of the water by the customers of Custo ter, Customer shah,
e in breach of this agreement. The notice provisions as
contained in Section 17.1 hereof shall not apply and the
Director, in his sole discretion, shall, in writing, set such
time in walich the Custo-mer shall cure said breach. If Customer
fails or refuses to cure said breach within the stated time, then
and in such event, aster sip ( 6) months written notice provided
to Customer and without any liability whatsoever on the part of
Fort Worth, Fort worth shall have the right to declare this
agreement t r .natedm in event of termination of this agreement,
all rights, powers, and privileges of Customer hereunder shall
cease and Customer shall make no claim of any kind whatsoever
against Fort Worth, its agents, or representatives, by reason of
such ter ination or any act incident thereto, provided Fort Worth
acted reasonably and such terminations was not unreasonable,
ar i tra v and capricious.
l7 . 3 _rres ect; ve of whether or not a breach hereof is a
maKt __ ri.al h'�'ed-Ch or a non- material breach, and irrespective of any
err of such bre h, a second breach of the same nature violating
any term or con -tion herein shall entitle Fort Worth, after six
Un,i months �r t ten not�ce pro ��ided to Cup to per and. without any
-7.
liabilitv whatsoever on the part of Fort Worth, to declare this
agreeritent terminated. in event of termination of this agreement,
all rights, powers, and privileges of Customer hereunder shall
cease and Customer shall make no claim of any kind whatsoever
against Fort Worth, its agents, or representatives, by reason of
such termination or any act incident thereto, provided Fort Worth
acted reasonably and such term -inaticon was not unreasonable,
arbitrary and capricious.
17.4 The following breach, default or failure to perform a duty
or obligation shall be considered to be a material breach:
a. Failure to adopt and enforce any ordinance or
conservation measure or rationing required to be
adopted and enforced herein;
b. Failure to make any payment of any bill, charge or fee
as provided for in this agreement;
C. Making any connection to the Fort Worth System at any
point except as provided in Section 3.2 hereof;
d� Failure to correct any potentially hazardous connection
in accordance with Section 11 after reasonable written
notice,
e. Failure to provide Fort Worth ingress and egress for
purposes of operation and maintenance of any metering
facility;
f> Failure to provide Fort Worth rights -of -way as required
herein.
`7-5 In the event of any
other
non -material breach,
default or
failure to perform duties
under
this agreement, Fort Worth shall
deliver to Customer sixty
t601
days advance written
notice of
such default. if Customer
fails to cure such breach,
default or
failure, then F-ort Worth
shall
give Customer written
notice of
such failure to cure and
mayr
surcharge Customer Five
Thousand
-28-
DoIlLars 1$5,000) per month until such timne as Customer cures such
non-r.-iater: al breach.
17.6 Any failure by Fort Worth to so terminate this agreement or
the acceptance by Fort Worth of any benefits under this agreement
for any period of ti:rtie after such material breach, default or
failure by Customer shall not be determined to be a waiver by
For-, Worth of any --rights to terminate this agreement for any
subsequent material breach, default or failure.
1.7.7 Any failure by Customer to so terminate this agreement or
the acceptance by Customer of any benefits under this agreement
for any period of time after such material breach, default or
failure by Fort Worth shall not be determined to be a waiver by
Custommer of any rights to terminate this agreement for any
subsequent material breach, default or failure.
18.
Ownershio and Liability
18.1 No provision of this agreement shall be construed to create
any type of joint or equity ownership of any property, any
partnership or joint venture, nor shall same create any other
rights or _'Liabilit;
les and Customer payrrients (whether past,
present,or future) shall not be construed as granting Clustomer
Dartial ownership of, pre -paid capacity in, or equity in the Fort
Worth System-
18,2 Liabilities for damages arising from the proper treatment,
transportation and delivery for all water provided hereunder
shall remain with Fort Worth to the point of delivery and, upon
passing through the meter, liability for such damages shall pass
to the Customer, save and except that Fort Worths sole
responsibility is to provide to Customier water of a quality which
meets state and federal drinking water standards. Each party
-29-
hereto agrees to save and hold the other party harmless from all
Clai--nis, demands, and causes of action which may be asserted by
anyone on account of the quality, transportation and delivery
while water is in the control of such party. This covenant is
not mtade for the benefit of any third party. Fort Worth takes
the responsibility as between parties hereto for the proper
trea-went, quality, transportation, and delivery of all such
water provided by it to the point of delivery.
18.3 Contracts made and entered into by either Customer or Fort
Worth for the construction, reconstruction or repair of any
Delivery Facility shall include the requirement that the
independent contractor(s) must provide adequate insurance
protecting both the Customer and Fort Worth as co -insureds. Such
contract must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer
and Fort Wort-h against any and all suits or claims for damages of
any nature arising out of the performance of such contract.
Force Maieure
19m1 If by any reason of force majeure either party hereto shall
be rendered unable, wholly or in part, to carry out its
obligations under this agreement, other than the obligation of
the Customer to make payments required under the terms hereof,
then if such parties shall give -notice and full particulars of
such force majeure in writing to the other party within a
reasonable time after the occurrence of the event or cause relied
on, the obligation of the party giving such notice, so far as it
is affected by such force majeure, shall be suspended during the
countinuance of the inability then claimed, but for no longer
per iod, and such party shall endeavor to remove or overcome such
inability with all reasonable dispatch.
-30-
1',31,2 The term "force majeure", as employed herein, shail mean
acts of God, strikes, lockouts or other industrial disturbances,
a--ts of Public enemy, orders of any kind of the goveriunent of the
U4 1 nSt ited States or the ate of Teas, or anC'
y -LVor military
authori-ty, insurrection, riots, epidemics, landslides, lightning,
earthquake, fires, hurricanes, storms, floods, washouts,
droughts, arrests, restraints of government and people, civil
disturbances, explosions, breakage or accidents to machinery,
pipelines or canals, partial or entire failure of water supply,
and inability on the part of Fort Worth to deliver water
hereunder or the Customer to receive water hereunder on account
of any other causes not reasonably in the control of the party
claiming such inability.
20.
Notices
. any noti
ce, -ice, communication, request, reply or advice herein 2 0 1
provided or permitted to be given, made or accepted by either
party to the other party must be in writing to:
City of Fort Worth: Water Director
city of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
-Lhe Darties hereto shall indicate in writing any change that may
occur in such respective addresses from time to time.
-3 1-
InsDection and Audit
21 - 1 Complete records and accounts required to be maintained by
each party hereto shall be kept for a period of five (5) years.
Each party shall at all times, upon notice, have the right at
reasonable times to examine and inspect said records and accounts
during normal business hours; and further, if required by any
law, rule or regulation, make said records and accounts
available to federal and/or state auditors.
W
Miscellaneous
22.1 ;rt Worth and Customer agree that if Fort Worth should
enter into any future contract for supplying treated water to any
municipality under -more favorable terms or conditions than set
forth herein, t1his contract shall be amended to provide the same
terms and conditions with respect to the sale of treated water to
Customer,
22.2 During a temporary emergency condition created by
unforeseeable mechanical failure or by unprecedented high rate of
water usage such as might result from a major fire or a major
water main break, it may be necessary that water be withdrawn
fro nn the Fort Worth System at a rate of usage in excess of that
requiLred for the usual peak requirements of Customer. It is
agreed tha"t, extra Rate of Use Charges that would normally be
applicable shall not apply for such bona fide emergency
withdrawals provided that Fort Worth is notified in writing
within 48 hours of -'-'-he occurrence of an emergency condition. I ri
any event, the volumie, and Rate of Use Charges for all water
del' vered shall be due and payable as described elsewhere herein.
-32-
22,3 At the request of the Director, Customer agrees to furnish
watel- to areas and premises situated adjacent to the boundary of
Customer and within the boundaries of Fort Worth. The metered
quan1--ilLy of water used in this area each month by Fort Worth
shall be the total of all individual customer meter readings. At
t'he option of Customer or Fort Worth, a .aster meter may be
installed where Practicable at the exoense of Fort Worth to meter
all water used by Fort Worth under the terms of this section.
22.4 The metered quantity of water furnished by Customer to Fort
Worth shall be deducted from the total quantity of water
withdrawn from the Fort Worth System by the Customer before the
charge for water service to Customer is computed in accordance
with the -Davnnent- computations set forth and based on the Volume
Charge described herein and the quantity of water so withdrawn
from the Fort Worth System.
22.5 This agreement is subject to all applicable federal and
state laws and any applicable permits, amendments, orders, or
regulations of any state or federal governmental authority having
or asserting jurisdiction, but nothing contained herein shall be
construed as a waiver of any right to question or contest any
such law, order, rule or regulation in any forum having
Jurisdiction,
22.6 Cust-cmer agrees to abide by any changes in this agreement
made necessar-V by any new, amended, or revi-sed state or federal
regulation.
22.,7 Upon prior notice by Fort Worth, any duly authorized
employee of Fort Worth bear-ing
p-r-oper
credentials
and
idea l[lifcication shall notify Customer
of need
for access to
any
premises located within Customner's
city limits
or served
by
Customer as may be necessary for the
purpose
of inspections
and
-33-
observation, measurements, sampling and testing and/or auditing,
in accordance with the provisions of this contract. Custonter may
elect to accoinpany the Fort Worth representative. To the extent
permitted b-t/ law, Fort Worth agrees to indemnify Customer for any
damage or injury to person or property caused by the negligence
of such duly aut-horized employee while such employee is in the
course and scope of his employment.
22.8 Whenever any disputed matter herein is to be specifically
determined by the use of an arbitrator, the following procedure
is to be followed. The party requesting that the dispute be
settled by arbitration shall serve on the other party a request
in writing that such matter be handled by arbitration. Customer
and Director shall mutually agree in writing on the selection of
an impartial arbitrator. Such agreement shall be made within ten
(10) days from the date that the request for arbitration is
received, If an agreement is not reached on the selection of the
impartial arbitrator on or before the tenth (10th) day after the
date that notice is received, the Director shall immediately
request- a list of seven qualified neutral arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service, or either's successor in function. The
Customer and Director may mutually agree on one of the seven
arbitrators on the list. if they do not agree within five (5)
working days after the receipt of the list, Customer and Director
shall alternate striking a name from the list and the name
remaining shall be the impartial arbitrator. Customer and
Director shall mutually agree on a date for the arbitration
hearing. The decision of the arbitrator shall be final, and
I i-- may be entered upon it in accordance with applicable law cadU -L
in any court having jurisdiction thereof. All costs of
arbl't-1-ation shall be considered a System Cost.
22.9 If requested by the Director, Customer shall provide
quarterly the following data:
-34-
A. Actual number of customer accounts consuming directly
or indirectly from the (-'ustjai er System within its
service area;
B. Classification of domestic and nondomestic accounts
within its service area by number and percentage of
accounts consurning directly or indirectly from Customer
System within its service area.
Cg Customer water usage from all sources other than the
Fort Worth System, including, but not limited to,
ground water, other surface water, and water supply
agreements with other entities.
D. Additional data which may assist Fort worth and/or
Customer in developing methodology for cost- of service
studies, planning studies for analyzing federal grants,
and System Access Fees; provided, however, that neither
party shall request data that will require either party
to incur unreasonable expenses in providing such data.
2 2 a 10 Customer may not assign this agreement without the prior
written consent of Fort Worth. Fort Worth may not assign this
agreement without the prior written consent of Customer;
provided, however, in the event Fort Worth is designated as a
regional water authority or agency by a duly authorized
regulatory body, or if Fort Worth should elect to contract with
or assign this contract to a regional water authority to provide
all or part of the services covered by this agreement, the
participants hereto agree that any such regional water authority
may, by may of 4-
assigranient of this agreement, ass and receive
the sa-,,nie obligations and responsibilities, the same benefits as
Fort Worth; further, Customer hereby grants to Fort Worth the
- 3 5; -
specific right to assign this agreement to such regional water
authority.
22.11 This agreement terminates that certain contract known as
Fort Worth City Secretary Contract No. 4751 as amended between
the parties.
23.
Waiver, Remedv, Severabilitv
23.1 No waiver by either party hereto of any term or condition of
this agreement shall be deemed or construed to be a waiver of any
other term or condition or subsequent waiver of the same term or
condition.
23.2 In addition to any other remedy as may be provided by law,
this agreement shall be specifically enforceable by the parties
hereto. Venue for any action shall be in Tarrant County, Texas.
23.3 It is agreed that, in the event any term or provision herein
contained is held to be invalid by any court of competent juris-
dicition, the invalidity of such term or provision shall in no
way affect any other term or provision contained 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 bodies of the parties hereto, we have caused these
presents to be executed in quadruplicate copies, each of which is
considered to be an original and the seals of the respective
parties to be hereto affixed on the date above written.
A T EST
h oar,
City Secretary, City of Fort Worth
APPROVED AS TO FOR MI PUND LEGALITY:
itv A -orney, City of Fort Worth
t/C
D at e
AP;MROV RECOMY7LEND
WA
Rich?ad W. Sawey, Dire9160-r
City, of Fort Worth Water Department
ATTES
/Z 6
City Secretary
CITY tOE FOR OR
Bv:
Ruth Ann McKinney
Assistant City Manager
City of Fort Worth
CITY OF RICHLAND HILLS
P --l-
PkOVEP AS TO FORM AND LEGALITY:
/ r 4
City Aty
Date:
i
APPROVAL RECOMMENDED:
CITY OF RICHI�ND Hl-LLS
By:
Mayor
0- P b/
Contriat Authoil"'U'atlan
n
2084-412
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v
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�e 3
u