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HomeMy WebLinkAboutContract 4543STATE OF TEXAS 0 COUNTY OF TARRANT 0 CITY 5ECRETARY CONTRACT No._d_£tf:3 WHEREAS, the City of Fort Worth, at great expense has built or caused to be built a san itary sewerage system� including interceptor or collector lines, mains, sub-mains, laterals, sewage treatment facilitie s and oth er appurtenances for the purpose of collecting sewage and other acceptable wastes and transporting same away from the pr emises to pla ces of treatment and disposal_; and, WHEREAS, said City maintains said lines, pla nts and facilities as a sanitary sewerage system and component part of the Fort Worth City Water Works; and, WHEREAS, the City of White Settlement has construc ted at its own e:xpense a sanitary sewerage collection sy stem within the limits of its OvJ11. municipality; and, WHEREAS, the City of White Settlem ent desires the right to connect its sewers to those of the City of Fort Worth at a point or points near the corporate limits of said City of White Settlement_; and, WHEREAS, the City of For t Worth ;, for and in considerati on of the cove­ nants and agreements hereinafter .:::ont ai.ned ;, is -willing to accept the sewage from the lines of the City of White Settlement into i.ts ow n sewer lines at or near the White Settlement city limits and to transp)rt and treat said sewage in the same manner as sewage from within the limits of the City of Fort Worth is transported and treated, NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTSg That for and in consideration of the mutual co venants and agreements hereinafter contained, the City of Fort Worth, a mun icipal corporation of Tarrant County, Texas, acting herein by and through its duly au thorized Mayor, John S o Justin, Jr., and the City of White Settlement, a municipal corporation of Tarrant County, Texas, acting herein by and throu.gh its duly auth orized Mayor, J. C. Carter, do hereby covenant and agree as fol.lows_. to wit: _j l • The City of Fort Worth hereby grants to the City of ·white Settlement the right to co nnect any dwelling unit or approved commercial es tablishment, directly or indirectly ., to the sanitary sewers of the City of Fort Worth, provided the r;lumb­ ing faci lities of each such unit or establisment so connected, either directly or indirectly, shall conform to the applicable ordinances governing a similar connect­ ion within the corpor ate limits of the City of Fort Worth 0 2o Any late ral sewer, main or sub-main ser ving two or more units of any classification and which is connected directly or ultimately with the sanitary sewers of the City of Fort Worth shall be designed by _., and the constru ction super­ vised by, competent engineers. Prior to the construction of any lateral sewer, main or sub-main by the City of White Settlement _., two (2) complete sets of the construction plans and specifications shall be submitted to the Director of Public Works of the City of Fort Worth for approval:;aaid plans to include plan and profile draw ings, locations, grades.? pipe sizess details _., etc., for each of the proposed fac­ ilities. The Director of Public Works shall review, or cause to be reviewed, the plans and specifications submitted and shall approve same by affixing his si gnatu re to the plans, provided the standards of construction are not less than the standards for similar construction of sewerage facilities of the City of Fort Worth o Upon approval, the Director of Public Works will return one (1) approved set of plans and speci fications to the City of White Settlement o The City of Fort Worth shall have the right to make periodic inspections ·while such cons truction is in progress, and to require compliance with the ap proved plans and specif icati ons. Jo The City of White Settlement agrees to pay to the City of Fort Worth, through the Director of the Fort Worth City Water Workss a sewerage service charge of One Dollar and Forty-Five Cents ($1.45) per month for each single-family resi­ dential unit sewerage se rvice connection to the sanitary sewers within the corporate limits of the City of White Settlement and for such other connections as may be approved by the City of Fort Worth at said rate o It is understood by and between the parties hereto that the service charge to be made for commercial a.nd indu strial u.sers within the City of White Settlement connected, directly or indirectlys to the sanitary sewerage system of the City of (2) Fort Worth shall be determined in the following manner� The water consume d in gallons during the billing period by such commercial or indu strial user shall be divided by 10,500 gallons, and the quoti ent so obtained shall be multiplied by One Do llar and Forty-Five Cents ($1o45),, but in no event shall such charge be less than the charge made hereunder for a si ngle-family residential connection. On or before the 15th day of each month� be ginning on the 15th day of the month following the execution of this instrument., the City of White Settlement covenanats and agrees to make monthly payments to the Director of the Fort Worth City Water Works for the calendar month immediately preceding such billing date. Said monthly payments shall be in an amount equal to the product of the number of single-family residential sewerage service connecti ons within the limits of the City of vv'hite Settlement at the end of the month ., multiplied by One Dollar and Forty-Five Cents ($1.4.5), plus an amount equal to the appropriate charges cal­ culated, as above, for each commercial or industri al serv ice connection within the limits of the Cit y of White Settlement. The City of White Settlement further covenants and agrees to furnish a current statement each month showing the number and type of sewer connecti ons and the average water use per connection within the limits of the city of White Settlement for said preceding calendar month _, ands in connection therewith, do es furthe r agree to permi.t the Cit y of Fort Worth ., at its conven ience, to examine the wa ter and sewer records and custo mer accounts of said City of White Settle- me nt. 4 .. The City of White Settlement hereby gran.ts to the City of Fort Worth the ri ght to connect any dwelling unit or approved commercial establishment, directly or indirectly, to the sanitary sewers of the City of vJhite Settlement.., pr ovided the plumbing facilities of each such uni.t or establishment so conne cted, either directly or indirectly, shall conform to the applicable ordinances governing such connections within the corporate limits of the City of Fort Worth 9 5. The City of Fort Worth agrees to pay to the City of vv'hite Settlement or credit the account of the City of ·white Settlement.? the sum of twenty cents ($0.20) for each single-family residential unit situated in the City of Fort Worth and connected, either indirectly or directl y ., to the White Settlement sanitary sewer system under the terms of section 4 above. (3) The City of Fort Worth furth er agrees to pay to the Cit y of "White Settlement_, or credit the acco unt of the City of White Settlement, a charge for commercial and industrial usera within the City of Fort Worth connected ., ind irectly or di rectly _, to the sanitary se werage system of the City of VJhite Settlement_, said charge to be determined as followsi The water consu med in gallons during the billing period by such commercial or industrial users shall be divided by 10,500 gallons and the quotient so obtained shall be multiplied by twenty cents ($0�20) s but in no event shall such charge be less than twenty cents ($0.20)., The billing peri od for the City of Fort Worth payments and/or credits shall coincide with the billing period set forth above for the City of Hhi te Settleme nt ., It is agreed that th e above twenty cents ($0.20) charge may be in­ creased a mutually agreed amount J if sewage from Fort Worth requires pumping by the City of "White Settlement, to defray pump:i.1:..g costs ., 60 Failure on the part of eith er party hereto to make payments and give credits that are not subject to reasonable disputes within thrity (30) days after the due date th ereof.? as herein provided .; may t at th e opti on of th e affected City., be su fficient cause for refusal to receive sewage as herein provided. ·7 It is further agreed and understood by both parties hereto that the sanitary se wers_, laterals_, mains_? sub-"--mains and appurtenances which are loc- ated, or shall be construeted and J.oca.1:ed jL the future, within the c9rp orate limii s of the City of White Settlem ent s,re and will become the sole responsi- bility of ., and will be maintained by_. sa id City of VThite Settlement_, and that the City of Fort Worth shall not." now or evec".i have any responsi bility or lia­ bility for the operation or maintenance of same. In th is connection_, the said City of White Settlement covenar,ts and agrees to fully iderrn-::.i.fy,, hold harmless and defend the said City of Fort Worth from and against any and all clairns J causes of action or suits for da;mages, whether real or asserte d, arising out of the acceptance of such sewage by the City of Fort Worth or the operati on or main- '\ i tenance of the sanitary sewerage system of the City of "White Settlement o 80 The base rate monthly charge per City of "White Settlem ent connection of $1.45 made by the City of For t Wor th to the City of "White Settlement shall remain unchanged for two (2) years from the date of this Co ntract. At the expiration of that time and each two years thereafter.9 a recomputation of th is base rate monthly charge shall be made in the following manners a.The Fixed Rate port.ior1 of the charge ., $1.10 ., shall be takenas an agreed constant:, and it shall be deducted from the baserate monthly charge o b.The remain ing $0.35 portion of the base rate month ly char geshall be the only por ti.on c,f the charge deemed subject tovariation., c.Of the $Oo35 portion subject to variation.� $0.29 shall varyas the product of $0.29 multiplied by the re sult obtainedby dividing the total cost for maintenance and operation ofall City of Fort Worth Sanitary Sewage Tr eatme nt Plant dur­ing the most recent. t:wel7e month period on which all suchfiscal :information is complete by the average number of con­nections to the City of Fort Worth San itary Sewerage Systemduring that same per-iod J such quotient being divided by $Jol2. d.The remaining $O o 06 subject to variation shall be assumed tovary as the product of $0.06 multiplied by the quotient ofthe cost of sanitary sewer maintenance per mile as reflectedin the Annual Report of the Sanitary Sewer Division of theWater Department of the City of Fort Worth for the fiscalyear clos est to the time of recomputation divided by $254 0 21. e.The recomputed base rate monthly cha rge shall be taken as thesum of $1.109 plus the result of computations un der 8c above,plus the res ult of computations under 8d above. 9o No person :, firm er corporation operating or maintaining any commer­ cial, manufactu ring or industrial establish ment dischar ging into the sewers any 11industri al waste".s, as defined in Ordinance Noo 3701. and amendments there­ to, shall have the right, hereund er :-o connect., directly or indirectly :, to the sanitary sewerage system of the City of Fort Worth unless prior approval is granted by the Director of Public Works of the City of Fort Worth; and it is understood that no such ap proval shall be granted unless such connection is made in strict compliance with all pertinent ordinances 3 rules and/at. reg­ ulations of the Cit y of For t Worth gov erning such industrial wasteso lOo All provisions and terms co nt ained in said Ordinance Nao 3701 and amendrnents thereto are expressly referred to and inc orporated herein the same as if set out verbatimo (5) llo The life of this co ntract shall be thirty-five (35) years from the date of its execution, and ther eafter shall be subject to renegotiati on between the parties here to. 12 .. The City of Fort Worth and the City of 'White Settlement each binds itself ., its successors and assigns, to the other party to th is agreement an d to the success­ ors and assigns of each other party with respect to all covenants contained in this agreement. Heither party hereto shall assign, sublet or transfer its interest ,-.Jith­ out the v,rri t ten consent of the other party o rn TEST IMONY WHEREOF, The Cit y of Fort Worth has caused th is instrumen t to be signed in duplicate in its name and on its behalf by its Mayor and attested by its City Secretary , with the corporate seal affixed, and the City of Whit e Settlement has caused this instrument to be signed in its name and on its behalf by its Mayor a11d attested by its City Secretary, with the corp orate seal affixed ., DONE at Fort Worth, Texas, this the ;J:-day of f)e,141-qL,,fek A.D. 1961. ATTEST: APPROVED AS TO FORl'-1 AND LEGALITY: -{cf LE ,JR., -CITY AT'I'ORNEY OF THE CITY OF FORT WORTH CITY OF FORT WORTH ' CITY OF WHITE SETTLEMENT ATTEST: 1/ltvl� (}�f0!!!f_ BY: fjla.� FRANCES COLWELL ., CITY SECRETARY ATTEST: AS TO;� AND LEGALITY: (6)