HomeMy WebLinkAboutContract 41110 CITY SECRETARY
CONTRACT NO. C)
AGREEMENT FOR WATER SERVICE BETWEEN
THE CITY OF FORT WORTH, TEXAS,AND
THE CITY OF SOUTHLAKE, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Contract and Agreement ("Agreement") is made and entered into this I Vtay of
20/0, by and between the City of Fort Worth, a municipal corporation located in
Tarrant County, Texas, acting by and through '2NVd0 CaST�, its duly authorized Assistant City
Manager, hereinafter called "Fort Worth," and Southlake , located in Tarrant
County, Texas, acting by and through John Terrell its duly authorized Mayor
hereinafter called"Customer,"and hereinafter collectively referred to as the"Parties".
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;
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 its boundaries;
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;
WHEREAS, it is deemed to be in the best interest of both Fort Worth and Customer that the
Parties enter into a mutually satisfactory agreement by means of which Customer may obtain from
Fort Worth a supply of treated water at a reasonable rate;
WHEREAS, by the execution of this Agreement, neither Fort Worth nor Customer will surrender
any of its rights to the ownership and operation of its present water production and distribution
facilities;
WHEREAS, Customer desires to continue to contract for the purchase of treated water and
Fort Worth desires to continue to sell treated water to Customer;
WHEREAS Customer and Fort Worth desire to provide for reasonable wholesale contract
rates for the purchase of treated water sufficient to assure confidence in the financial soundness of
the Fort Worth utility, adequate to maintain and support the utility's credit and sufficient to
enable Fort Worth to raise the money necessary for the proper discharge of its public duties in the
provision of water service and
WHEREAS. Chapters 552 of the Texas Local Government Code and 791 of the Texas
Government Code authorize Fort Worth and Customer to enter into this Agreement.
OFFICIAL RECORD
f
CITY SECRETARY ,II
�I FY WORTH, T�
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS that for and in consideration
of the mutual covenants, promises and agreements contained herein, Fort Worth and Customer
do hereby covenant and agree as follows:
Table of Contents
ARTICLE1. Definitions...........................................................................................................5
1.1 Annual Consumption.................................................................................................... 5
1.2 Average Daily Use........................................................................................................5
1.3 Calendar Day ................................................................................................................5
1.4 Capital Improvements................................................................................................... 5
1.5 Chapter 395................................................................................................................... 5
1.6 Customer's Service Area.............................................................................................. 5
1.7 Customer System.......................................................................................................... 5
1.8 Delivery Facility ........................................................................................................... 5
1.9 Director......................................................................................................................... 5
1.10 Emergency............................................................................................ ...... 5
...................
1.11 Equivalent Meters or EM.............................................................................................. 5
1.12 Facility Expansion ........................................................................................................6
1.13 Fiscal Year....................................................................................................................6
1.14 Fort Worth...................................................................................................... 6
1.15 Fort Worth System........................................................................................................ 6
1.16 Impact Fee.....................................................................................................................6
1.17 Maximum Day Demand................................................................................................ 6
1.18 Maximum Hour Demand..............................................................................................6
1.19 MG and MGD...............................................................................................................6
1.20 Parties............................................................................................................................6
1.21 Rate of Use Charge....................................................................................................... 6
1.22 Raw Water Charge........................................................................................................ 6
1.23 Return Water.................................................................................................................6
1.24 Service Charge.............................................................................................................. 6
1.25 Street Rental.............................................................. 6
1.26 Stand-by Charge............................................................................................................ 7
1.27 System Cost.................................................................................................................. 7
1.28 TCEQ............................................................................................................................ 7
1.29 Treatment, Pumping and Transmission Charge............................................................ 7
1.30 Volume Charge............................................................................................................. 7
ARTICLE 2. Delivery of Water............................................................................................... 7
2.1 Delivery......................................................................................................................... 7
2.2 Acceptance and Payment.............................................................................................. 7
2.3 Operations..................................................................................................................... 7
2.4 Raw Water Contract...................................................................................................... 8
2.5 Water Use Restrictions and Conservation .................................................................... 8
2.6 Requirements of 30 Tex. Admin. Code Chapter 288.................................................... 8
2.7 Consultation with WCAC.............................................................................................9
Agreement for Water Service 2
f
ARTICLE 3. Location and Maintenance of Measuring Devices................................................9
3.1 Metered Water..............................................................................................................9
3.2 Point(s) of Delivery.......................................................................................................9
3.3 Cost of New or Additional Connections....................................
3.4 Check Meter.......................................... 9
.................................................
ARTICLE 4. Meters............................................ ................... 10
.................................................
4.1 Testing......................................................................................................................... 10
4.2 Corrections.................................................
4.3 Requested Testing....................................................................................................... 10
4.4 Out of Service Meter................................................................................................... 10
ARTICLE 5. Meter Reading and Billing...................... ........................ 11
...................................
5.1 Reading Meters........................................................................................................... 11
5.2 Records....................................................................................................................... 11
5.3 Multiple Meters........................................................................................................... I 1
5.4 October Billing............................................................................................................ 11
5.5 Billing and Payment..................................
5.6 Billing Disputes .......................................................................................................... 11
ARTICLE6. Rates................................................................... 11
..................
6.1 Method of Rate Determination. ................................ ...--.. 11
....................................
6.2 Rates to be Used....................................................................
ARTICLE 7. Payment for Water............................................... ......... 14
....................................
7.1 Annual Payment.......................................................................................................... 14
7.2 Withdrawal Rate is
......................................
7.3 Monthly Payments...................................................................................................... 15
7.4 Total Annual Payments..................................... ................... 15
.......................................
7.5 Rate of Use Charge.......................................................................... 15
............................
7.6 Applicability of Stand-by Charge.......................
......................................................... 16
ARTICLE 8. Effective Date........................................................................ .... 16
.......................
ARTICLE 9. Term....................................
ARTICLE 10. Rights-of-Way..................................................
............ 16
...............
ARTICLE 11. TCEQ Public Water Supply Approval............................................................... 17
ARTICLE 12. Resale of Water................................. 17
.............................................
12.1 Outside Service Area...................................................... 17
...........................................
12.2 Exceptions......................................................................................
ARTICLE 13. Sanitary Sewer Facilities........................ .................. 17
..........................................
ARTICLE 14. Additional Wholesale Customers....................................................................... 17
ARTICLE 15. Wholesale Customer Advisory Committee........................................................ 18
ARTICLE 16. Impact Fees.......................................
16.1 Calculation and Payment of Impact Fees.................................................................... 18
16.2 Multiple Surface Water Providers .............
16.3 Use of Impact Fees.................................
............ 18
..........................................
16.4 Impact Fee Report........................... ............................ 19
................................................
16.5 No Waiver................................................................... ......................................... 19
16.6 CIFC............................................................................................................................ 19
16.7 Capital Improvements Plan......................................................................................... 19
16.8 Dissemination of Documents..................
Agreement for Water Service 3
16.9 Audited Financial Statement.......................................................................................20
16.10 Current Impact Fees....................................................................................................20
16.11 Changes to Chapter 395..............................................................................................20
ARTICLE 17. Breach, Termination and Other Remedies..........................................................20
17.1 Termination by Mutual Consent.................................................................................20
17.2 Termination for Material Breach................................................................................20
17.3 Termination for Repeated Breach...............................................................................20
17.4 Material Breach...........................................................................................................20
17.5 Notice and Cure..........................................................................................................21
17.6 Notice and Cure for Nonpayment of Impact Fees......................................................21
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation.................21
17.8 Failure to Provide Notice of Withdrawal Rate under§ 7.2 ........................................21
17.9 Effect of Termination..................................................................................................22
17.10 No Waiver by Fort Worth...........................................................................................22
17.11 No Waiver by Customer.............................................................................................22
ARTICLE 18. Ownership and Liability.......................................................
18.1 No Joint Venture.........................................................................................................22
18.2 Liabilities....................................................................................................................22
18.3 Contractors..................................................................................................................23
ARTICLE19. Force Majeure....................................................................................................23
19.1 Notice and Suspension................................................................................................23
19.2 Definition....................................................................................................................23
ARTICLE20. Notices...............................................................................................................23
20.1 Required Notice..........................................................................................................23
20.2 Delivery and Receipt...................................................................................................24
20.3 Change of Address Notices.........................................................................................24
ARTICLE 21. Inspection and Audit..........................................................................................24
ARTICLE 22. Miscellaneous....................................................................................................24
22.1 Favored Nations..........................................................................................................24
22.2 Suspension of Rate of Use Charges..............................................................................24
22.3 Water to Adjacent Areas.............................................................................................24
22.4 Subject to Laws and Permits.......................................................................................25
22.5 Entry on Customer's Premises....................................................................................25
22.6 Alternative Dispute Resolution...................................................................................25
22.7 Information.................................................................................................................26
22.8 Assignment.................................................................................................................26
22.9 No Waiver...................................................................................................................26
22.10 VENUE.........................................................................................................................26
22.11 Construction................................................................................................................26
22.12 Severabil ity.................................................................................................................26
22.13 Use of Return Water...................................................................................................27
22.14 System Regulatory Actions.........................................................................................27
22.15 Additional Contract Terms .........................................................................................27
22.16 Exhibits.......................................................................................................................27
Agreement for Water Service 4
ARTICLE 1. Definitions
The following definitions, when capitalized, apply throughout this Agreement:
1.1 Annual Consumption. The total quantity of water purchased under the terms of this
Agreement by Customer during the Fiscal Year as determined by the difference in the annual
October meter readings.
1.2 Average Daily Use. The Annual Consumption divided by the number of calendar days in
the Fiscal Year year.
1.3 Calendar Day. The period from midnight of one day to 11:59 PM of the next day.
1.4 Capital Improvements. Any of the following facilities which provide utility services and
benefits common to all customers (both retail and wholesale)and that have a life expectancy of
three (3) or more years,whether such improvements are located within the jurisdictional limits
(including the extra-territorial jurisdiction) of Fort Worth or Customer, and consisting of: water
treatment facilities; metering facilities; control systems and appurtenances; storage facilities;
pumping facilities; and all mains that are sixteen inches (16")and greater in diameter. Capital
Improvements include the initial construction or the expansion of such facilities, as necessary to
serve new development.
1.5 Chapter 395. Chapter 395 of the Texas Local Government Code, as it may be amended
or re-codified from time to time.
1.6 Customer's Service Area. The area inside the Customer's boundaries and inside the
Customer's Certificate of Convenience and Necessity, as shown on Exhibit A, except that the
Customer may,with written notice to the Director, exclude a contiguous area that receives its
entire water service from provider(s)other than Fort Worth.
1.7 Customer System. 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.
1.8 Delivery Facility. Any facility necessary for the transmission of water 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.
1.9 Director. The Director of Fort Worth Water Department or his designee.
1.10 Emergency. A situation, event or condition created by unforeseeable mechanical failure,
unprecedented high rate of treated water usage (such as might result from a major fire or a major
water main break) or circumstances beyond the Party's reasonable control.
1.l 1 Equivalent Meters or EM. A means of relating a large-use customer with a base
(residential)use customer. Fort Worth Water Department uses 5/8 x'/4 inch meter capacity as an
EM. The ratio of larger meter's capacity to the 5/8 x '/4 inch meter capacity is the number of
EMs for each meter size.
Agreement for Water Service 5
MAL -
1.12 Facility Expansion. The expansion of the capacity of an existing facility that serves the
same function as an otherwise necessary new capital improvement, in order that the existing
facility may serve new development. The term does not include the repair, maintenance,
modernization, or an expansion of an existing facility to better serve existing development.
1.13 Fiscal Year. The fiscal year of Fort Worth, which is from October 1 s`through September
30th.
1.14 Fort Worth. The City of Fort Worth, acting by and through it's duly authorized Assistant
City Manager,who may delegate to the Director.
1.15 Fort Worth System. The Fort Worth water treatment and distribution system.
1.16 Impact Fee. A capital contribution funding or recouping the cost of Capital
Improvements necessitated by and attributable to new development, subject to and as provided in
Article 16 of this Agreement.
1.17 Maximum Day Demand. The maximum quantity of water used by Customer during one
calendar day of the Fiscal Year.
1.18 Maximum Hour Demand. The quantity of water used by Customer during the one hour
of the Fiscal Year that more water passed through the meter or meters serving the Customer than
during any other hour of the Fiscal Year,multiplied by 24 hours and expressed as MGD.
1.19 MG and MGD. MG is million gallons; MGD is million gallons per day.
1.20 Parties. Fort Worth and the Customer, or each individually.
1.21 Rate of Use Charge. The charge for Maximum Day Demand in excess of Average Daily
Use and for Maximum Hour Demand in excess of Maximum Day Demand, as provided in § 7.5
and Exhibit C.
1.22 Raw Water Charge. The rate for 1,000 gallons charged by the Tarrant Regional Water
District to Fort Worth for raw water to be sold to the Customer plus four percent (4%),
representing Fort Worth system losses of four percent(4%).
1.23 Return Water. All water that is returned to Fort Worth via discharge into Fort Worth's
wastewater system for treatment by Fort Worth's Village Creek Wastewater Treatment Plant or
another wastewater treatment plant that is owned or operated (directly or through contract) by
Fort Worth.
1.24 Service ChaMe. A fixed monthly charge per wholesale meter, as set forth in the annual
cost-of-service rate study, designed to include a portion of Fort Worth Water Department's cost
for wholesale customer billing and accounting.
1.25 Street Rental. The Street Rental charged to the wholesale customers of the Fort Worth
System is intended to be compensation for use of public rights-of-way. The Street Rental is
established at five percent (5%)of the revenue requirements. excluding Payment in Lieu of Taxes
Agreement for Water Service 6
(PILOT). The Street Rental can not be decreased without the consent of Fort Worth in its sole
discretion and, iu the event o[uu increase, can only bc increased iu one percent(|YQiucrennon1s
once every �vc (5)yousm�utingou the anniversary d�eof this Ago:ennc/tiu2� |6'and shall
never exceed the rate being collected from the natural gas franchised utility serving oCityn[
Fort YVodb or the rate collected from the retail water customers of Fort VVodb, whichever is /cxx.
1.26 The fee ac1 forth in 8 7.1.3 and Exhibit B. The Stand-by charge is
intended to allow uv/bolcuulo customer to rely on the Fort Worth System for stand-by delivery of
water for the Customer's Bonorgoucy use only,as provided in 8 7'6.
1.27 System Cost. Bymtcnn Cnst,as provided in 8 6'8'2.
128 ICEU. The Texas Commission on Environmental Quality or its successor agency.
1.29 Treatment, Pumping and Transmission Charge. The rate,per l,O0O gallons used,
^`g'"u.csv of/utc of use,as uom:on/uou by the annual cost-of-service rate study,and which ohuU
include the maintenance and operation costs, and the capital facilities cost on the part of the
production and transmission system related to annual use.
1.30 Volume Charge. The combined total of the Treatment, Pumping and Transmission
Charge plus the Raw Water Charge iu effect for the current Fiscal Year.
ARTICLE 2. Delively of Water
2.1 DeliveEy. Fort Worth agrees, subject to the amount of raw and treated water available to
Fort Worth,to furnish and uo1|to Customer treated water ofpotable quality meeting all
applicable governmental standards, delivered under the normal operating pressure prevailing in
the Fort Worth System at the Customer point or points of delivery mutually agreed upon, without
guarantee ofu specific minimum pressure. Mutually agreed pnio1(s)ofdelivery un the Effective
Du10 are shown on Exhibit A.
2.2 Acceptance and Payment. Customer agrees to accept delivery of and to pay for the water
in accordance with the terms and conditions of this Agreement. Customer understands and
acknowledges that Customer is responsible for maintaining water pressure in the Customer's
System, and that maintaining a certain water delivery pressure requires use of storage or pumps
on Customer's 8yytcnn.
2.3 Operations. Fort VVor1b is entitled ut any and all times to install, repair, nnuiutuio, and
replace any equipment or devices in the Fort Worth System. /nuu Emergency, Fort Worth may
take necessary action (including reduction or cessation of water service to Customer) as
necessary or appropriate toallow Fort Worth u1 all times to maintain uonininnuno pressure as
required by law u1all notui| service locations directly served by Fort Worth, and Fort Worth is
excused from the requirements of82,1 to the extent caused byun Emergency orhyForce
M jourcorPonVVodb`xo:uxonuh|coffodstuncspond0ouuchcondihono. ln the event o[such
service interruptions, Fort Worth shall make every reasonable effort to expedite the restoration of
service in u timely manner. and yhull not unreasonably interrupt. withhold or delay service to
Customer.
Agreement k`r \Vutor Service 7
2.4 Raw Water Contract.
u /u accordance mdhthe terms ofFo� Wo Worth ~ Bccrctory Co��No. l2�O ��� Fm1 �/� t� C� of �i��� t�Ci ' o[Mansfield, Trinity
�'
y RiverA�borhv,und�bcTuoaut Regional Water District, this Agreement shall bedeemed
subordinate in all respects to the water requirements of the above contracting Parties as specified
io Section 3o[that contract.
2.5 Water Use Restrictions and Conservation.
2.5.1 l[Fort Worth io any way restricts, rations o,conserves the use ofwater
throughout its CCN during an Emergency declared by the Director, then within 24
hours of being notified oy the action u[Fort Worth, Customer shall institute and
apply the same restrictions and/or measures umto the use of the water bv the
ruoiorucroofCuotozuec '
2.5.2 |f Fort Worth io any way restricts, rations or conserves the use ofwater
throughout its CC/wau authorized by the then Fort Worth City Council and
adopted by ordinance,then Customer agrees to institute, apply and enforce the
same rationing, conservation measures, or restrictions to the use of water by the
customers of Customer for so long as any part of the total water supply of the
Customer is being furnished by Fort Worth. Cootonocc xbuU submit to Fort
Worth,within sixty (6O)days of the action taken hv the City Council ofFort
Worth, u copy of the Customer's city council and/or gnvorniogbourdnceo|ubou
and/or ordinance adopting the same measures uo Fort Worth.
2.5.3 [f Customer falls to comply with its obligations under this 0%,5then, in addition
to the rcnuodicsavailable under��rticle87, Fodl�odbnn -inmiuUoca600iany
rutcofOov/oonUn||ccmncccuourytoobymicu||yuohioveco'compliance,regardless of
whether the rate of flow controller to be installed ocudiuote' is on Fort Worth's or
Customer's side of the meter.
2.d
("Ch. 288").
2.6.1 As required bv3O Tex. Admin. Code § 280.5(l)([),this Agreement requires
Customer to develop and implement u water conservation plan ocwater
conservation measures using the applicable elements of Tex. /\dnninCodc Ch.
288.
2.6.2 /\x required by3O Tez. Adrnio. Code § 288.22(u)(8), this Agreement requires
that, io case ofu obodugc of water resulting from drought,the water to be
distributed mbu|| he divided io accordance with Texas Water Code § 11.03 9.
2.6.3 To the extent that Customer fails 1ocomply with Q%,5 above or meet any
additional requirements under 30 Tex. Admin. Code Chapter 288, Cuoturncc
ugs:cy to implement and comply with Fort Worth's water conservation plans and
measures and drought contingency plan until the Customer's own plans and
measures are brought into compliance.
Agreement for Water Service 8
2.7 Consultation with WCAC. Except when the Director determines that emergency
conditions require short-term restriction, conservation or rationing to meet all necessary water
demands, Fort Worth agrees to consult with the Wholesale Customer Advisory Committee, in
the development of any restriction, conservation, rationing, or drought contingency plans that the
Director determines may be necessary to address operational constraints, whether or not required
by any state or federal regulatory agency, or deemed advisable by the Wholesale Customer
Advisory Committee to manage long term System Costs, except where emergency conditions
may dictate short-term restriction, conservation or rationing requirements as may be determined
by the Director to meet all necessary water demands.
ARTICLE 3. Location and Maintenance of Measuring Devices
3.1 Metered Water. All water furnished under this Agreement by Fort Worth shall be
measured by one or more suitable meters equipped with continuous flow, chart recording
devices, and telemetering equipment connected with the Fort Worth control center. All meters_,
recording devices, telemetering equipment and appurtenances(including any flow control
equipment required by§ 7.2) shall be approved and installed by Fort Worth. Customer shall pay
for the meter vault and all metering equipment, including telemetering equipment to the Fort
Worth control center, and appurtenances,plus the installation cost thereof. Fort Worth shall pay
all costs associated 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.
3.2 Point(s) of Deliver. 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 that point shall be the responsibility of Customer. The
location of each meter shall be mutually agreed upon in writing by and between the Parties and
the meter or meters shall not be moved or relocated except by mutual consent in writing by the
Parties.
3.3 Cost of New or Additional Connections. Customer shall pay the cost of each new,
enlarged or additional Customer connection to the Fort Worth System, including the cost of the
wholesale meter and the Customer's proportionate share of any improvements required for that
connection or related service to be provided at the delivery point. The Customer's cost shall be
calculated in the same manner as the "developer's cost"for special facilities, including pipelines
under Fort Worth's then-existing Water and Wastewater Installation Policy, as determined by the
Director. The Customer will pay that amount to Fort Worth before making the new or additional
connection to the Fort Worth System, and the amount shall not be a System Cost.
3.4 Check Meter. Either Party, at its own expense, may install a check meter to check or
measure the volume of water passing the master meter,provided that, if such check meter is
installed,the same rules and regulations relative to its operation, maintenance and reading shall
apply as to the master meter being tested.
Agreement for Water Service 9
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r
ARTICLE 4. Meters
4.1 Testing. Fort Worth shall routinely test for accuracy, and service and calibrate if
necessary,the master meter at each point of delivery no less than once during each twelve (12)
month period. Copies of the results of such calibration and all related 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 other mutually approved third
party calibration agent, in the presence of representatives of Customer and Fort Worth, if so
requested by Customer. Notification of any proposed test shall be provided to the Customer at
least seventy-two (72)hours prior to such test being conducted and Customer may observe such
test, if so desired.
4.2 Corrections. Upon any calibration of a Wholesale Customer's meter, 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%)expressed 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. If the meter,
after testing, is found to be in error outside the parameters established in this Agreement,the
amounts due to or due from Fort Worth shall be determined based upon the prevailing wholesale
rates which were in effect at the time the meter was determined to be malfunctioning. The
amount due to or due from Fort Worth shall be payable within thirty (30) days from the date of
receipt of the invoice for said amounts by Fort Worth or by Customer. In addition, the
Wholesale Customer's volume and rate of use records shall be corrected, as determined by the
meter testing.
4.3 Requested Testing. Customer shall have the right to request Fort Worth to test any
meter(s), but no more frequently than quarterly. Upon any such request, Fort Worth agrees to
perform its testing and calibration of the meter(s)with notice to Customer, and the Parties shall
be entitled to jointly observe any testing, calibration, and adjustments that are made to the
meter(s), in the event such modifications are necessary. For such additional testing request, Fort
Worth shall give Customer notice forty-eight(48)hours in advance of the time when that testing
will occur. Customer shall pay the cost of the additional test requested for any meter(s) if the
test shows that the meter(s) is accurate (within five percent(5%)registration), but Fort Worth
shall pay the costs of the additional test if the results indicate that the meter(s) is not accurate (in
excess of five percent(5%) registration).
4.4 Out of Service Meter. If any meter used to determine the flow of treated water to
Customer is out of service or out of repair so that the amount of water metered cannot be
ascertained or computed from reading the meter, then the water delivered during the period that
the meter is out-of-service or out of repair shall be estimated and agreed upon by the Parties
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 that metering station under similar
Agreement for Water Service 10
conditions. U[the Parties cannot agree onthe extrapolated estimate of water volume delivered,
then agreement uuthe Dov/ volume will be determined by W22.6 dispute resolution.
ARTICLE 5. Meter Reading and Billiniz
5.1 Reading Meters. Fort Worth will noud all meters provided for herein u1monthly iotnn/u|y,
and the Parties shall have free access to read these respective meters daily, if either Party xo
desires. Each Party has the duty to give immediate notice 10 the other of any meter that it finds is
not functioning properly. Upon such notice, repairs tu such meter shall homade promptly.
5.2 Records. All readings of meters will be entered into the records maintained by Fort
Worth. Customer shall have access io such records during reasonable business hours and shall
be furnished with monthly readings for each point of delivery metering facility.
5.3 Multiple Meters. lf Customer has more than one point u[connection io 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 October BitUM. A review of water usage amounts by Customer for the past twelve(l2\
ruonihsobuUbeozadndudng the presentation of the ()otoherbill each yeuc The October
` '
statements shall be prepared so as to reflect any and all Rate of Use Charges for the Fiscal Year
just ended which have not been previously billed and paid. /\copy of the rate of flow charts or
other records showing the Maximum Day Demand and the Maximum Hour Demand for the
Fiscal Yeuc 'umtcndod ubuU be furnished to Customer with the October billing.
5.5 Billing and Payment. Bills for water service shall be rendered to Customer monthly hy
Fort Worth, and shall ho due and payable hy Customer not more than thirty (�0) days broonthe
billing date. The bills will uhov/ouorotcharges, as well uopuot'due charges, if any. Pomi-Juc
charges shall be the total amount unpaid from all prior billings as of the current billing date.
Payments received by Fort Worth shall fiothe applied to the past-due charges, if any, and
thereafter ro the current charges.
5.6 Billing Disputes. [f Customer disputes a bill and io unable 10 resolve the difference
ioJuonuUy, Customer shall notify the Director iuwriting. If the Director and Customer are
unable to resolve the disputed bill, ugrcerneui oo the bill will be determined by -�2%,hdiupu0o
ou
resolution procedures. Dispute o[u bill shall not hc grounds for uou'puynuL If u bill orother
payment io not paid uo specified iu this Agreement, u finance charge of ten percent (lO%)per
annum will be calculated from the date which the payment was required to be made. l[ 'hil|iog
adjustment is agreed upon or otherwise established by dispute resolution, then the amount found
to be incorrect 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.
ARTICLE 6. Dates
6.1 Method of Rate Determination.
h.|.l Wholesale water rates will bc based upon on annual cost'of-scrvicr rate studv
with rate study conducted cvcr� three Nears hv an independent utility nstc '
Agreement for Water gcn/ice I I
consultant as provided for in §6.1.4. The independent utility rate consultant shall
be selected by the Director from a list of five qualified firms submitted to the
Director by the Wholesale Customer Advisory Committee. The cost of any such
study shall be a System Cost. All cost-of-service studies shall be conducted
utilizing the utility cost basis of determining revenue requirements applicable to
the wholesale customer class.
6.1.2 The System Cost(i.e., the cost-of-service for the wholesale class)shall include
allocated reasonable and necessary operation and maintenance expense;
depreciation expense;a fair and reasonable return on allocated capital facilities as
provided in§ 6.1.3; general and administrative costs; commodity charges
including the Raw Water Charge;the cost of treated water;transmission losses;
Street Rental (calculated as provided in§ 1.25); and Payment In Lieu of Taxes
("PILOT"calculated as provided in Exhibit D). To determine the allocation and
distribution of costs to the wholesale customer class,the independent utility rate
consultant shall consider at least the following factors: total volume, rate of flow,
metering, and customer related costs such as accounting,billing, and monitoring.
Capital related costs will consist of depreciation expense and return on original
cost rate base. The"rate base" shall consist of all allocated capital facilities, net
of depreciation and contributions, 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. The methodology shall be that used in the most recent wholesale water
rate study completed and approved by the Fort Worth City Council before the
Effective Date,which Customer acknowledges having received prior to executing
this Agreement. Records of the original cost and the accumulated depreciation of
all capital facilities shall be maintained 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 to earn and recover in rates a rate-of-return on the
rate base as described in§ 6.1.2. That rate of return shall be equal to the weighted
average imbedded cost of outstanding debt plus one and one-half percent
(1-1/2%). The parties agree that this rate of return is reasonable.
6.1.4 For the Fiscal Years beginning October 1, 2011,2014, 2017, 2020, 2023 2026 and
2029, a detailed wholesale water rate study will be performed by an independent
utility rate consultant selected by the Director in conformance with§ 6.1.1. The
same methodology used in the immediate 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(12) month period ending September 30`' of the prior year,
adjusted for all known and measurable 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.
Agreement for Water Service 12
JIM
6].5 Changes in the wholesale water rate methodology will be allowed if
/ocomnzcodcd by u majority vote of the Wholesale Customer Advisory
Committee and approved 6v the Fort Worth City Council. For purposes ofthis
86.1'5, n majority iu defined uu any combination ofFort Worth wholesale
customers that took more than fifty percent(5O%) of the wholesale water
delivered by Fort Worth during the immediate past Fiscal Year.
6.2 Rates to be Used.
62.1 The rates and charges to be effective upon approval of this Agreement shall be
those calculated by the most recent cost of service study and adopted by the Fort
Worth City Council to take effect during the current Fiscal Year.
6.2.2 The Raw Water Charge shall be increased or decreased when the raw water cost
paid by Fort Worth for water available for treatment and sale to Customer is
increased ur decreased uu determined by the Tarrant Regional Water District in
accordance with Fort Worth City Secretary Contract No. 12720.
62.3 The Parties agree that services obtained pursuant tu this Agreement are cxucrtiul
and necessary to the operation of Customer's vvatcnxurka facilities and that all
payments made by Customer hereunder shall constitute reasonable and necessary
operating expenses o[Customer's waterworks and wastewater systems within the
meaning of§ 1502.056 of the Texas Government Code,and the provisions of any
and all ordinances of Customer authorizing the issuance of any revenue bonds of
Customer which are payable from its waterworks and wastewater systems.
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 rcvcouca in an
amount equal toui least(i)all of operation and maintenance expenses ofsuch
system, including specifically its payments under this Agreement; and(ii) all
other amounts uu required hy law and the provisions uf 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.
62.5 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 mhuU be pursuant iothe provisions set forth in this Agreement.
Fort Worth shall give Customer a minimum of six(6) months notice of intent to
revise rates. Fort Worth will furnish members o[the Wholesale Customer
Advisory Committee a draft copy of the cost-of-service study of the proposed
rates sixty (60) days prior to Fort Worth submitting rate increase request to its
City Council. Within thirty (30) days of receiving the draft study, the Wholesale
Customer Advisory Committee will submit its written comments on the draft
study to Fort Worth, and Fort Worth will respond to these comments as soon
thereafter unpossible. If the Wholesale Customer Advisory Committee has not
provided its written comments within said period, the Wholesale Customer
Agreement for Water Service 13
Advisory 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 Agreement for the succeeding Fiscal
Year.
ARTICLE 7. Payment for Water
Payment of charges to Fort Worth for water used by Customer shall be made as follows:
7.1 Annual Payment. The annual payment will be the charges computed based on all water
delivered by Fort Worth to Customer during the current Fiscal Year at rates set pursuant to this
Agreement. For purposes of calculating the annual payment, the current year will be the Fiscal
Year during which the water usage occurred. However,the minimum annual payment will be
the greater of the following:
7.1.1 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption,plus the Service Charge,plus the current Fiscal Year Rate of Use
Charges(Exhibit C, Example 1); or
7.1.2 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption,plus the Service Charge,plus the current Fiscal Year Rate of Use
Charges applied to the average of the Maximum Day Demand above Average
Daily Use and the average of the Maximum Hour Demand above Maximum Day
Demand for the most recently completed three (3)Fiscal Years (to include the
current Fiscal Year) (Exhibit C,Example 2); or
7.1.3 if applicable to Customer, a Stand-by Charge equal to:
(a) twelve(12) months;
(b) times the total number of EM units for all of the Customer's
wholesale meters connected to the System;
(c) times 28,800 gallons per day;
(d) times a dollar amount equal to a three(3)year numerical average
of the Treatment, Pumping and Transmission Charge per 1,000
gallons, using the Treatment, Pumping and Transmission Charge
from most recent annual cost-of-service rate study performed by
the independent utility rate consultant as provided in § 6.1.4 and
the two years prior to the year of that study. This dollar average
will remain in effect for purposes of calculating this § 7.1.3 Stand-
by Charge until the next cost-of-service rate study is performed by
an independent utility rate consultant as provided in § 6.1.4.
Exhibit B presents an example calculation of the Stand-by Charge.
Agreement for Water Service 14
IN
7.2 Withdrawal Rate. The rate at which water is withdrawn from the Fort Worth System by
Customer shall be regulated by rate-of-flow 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 previous year unless Customer has notified the
Director at least(6) months before the date of the anticipated increase in the Maximum Day
Demand; provided, however that in an Emergency such as a line break, Customer shall advise
the Director within 24 hours of the increase in the maximum rate of withdrawal. Customer shall
furnish the Director with all pertinent information regarding the proposed increase in maximum
rate of withdrawal. The Director may waive the notice requirement if, in his sole opinion,that
notice is not necessary to protect the interests of Fort Worth.
7.3 Monthly Payments. The monthly payment will be the sum of(a)plus (b)plus(c):
(a)the greater of-
(i)one-twelfth (1/]2)of the amount calculated in § 7.1, or
(ii)the Volume Charge times the actual volume of water taken that month;
(b)one-twelfth(1/12)of the sum of the annual Rate of Use Charges, determined as
provided in §7.5 and Exhibit C; and
(c) one-twelfth(1/12)of the sum of the Fiscal Year Service Charge.
7.4 Total Annual Payments. The total annual payment for water delivered to Customer shall
be based on the annual and peak volumes delivered to Customer during the Fiscal Year, as
determined by meters, flow recording devices or other approved methods, and calculated as
provided in the annual payment provisions set forth above and in Exhibits B and C. The
October monthly payment for September's usage shall contain any adjustments necessary to
update the Rate of Use Charge calculations as necessary to recover the Annual Payment for the
Customer's actual withdrawals from the Fort Worth System (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred. Exhibit C provides examples of the Annual Bill Calculation.
7.5 Rate of Use Charge. As provided in§§ 7.1, 7.3 and 7.4 and shown in Exhibit C,
Monthly Payments and the Annual Payment shall include Rate of Use Charges, unless the Stand-
by Charge applies. The Rate of Use Charges consist of:
(a) Maximum Day Rate of Use Charge, calculated by multiplying the"Excess Max Day
Charge"per MGD from the annual cost-of-service rate study, times the Maximum Day
Demand (in MGD) in excess of Average Daily Use(in MGD); and
(b) Maximum Hour Rate of Use Charge, calculated by multiplying the'`Excess Max
Hour Charge"per MGD from the annual cost-of-service rate study, times the Maximum
Hour Demand (expressed as MGD) in excess of Maximum Day Demand (in MGD).
Exhibit C presents example Rate of Use Charge calculations. Rate of Use Charges are estimated
by applying the current Fiscal Year Excess Max Day and Excess Max Hour Charges to the prior
Fiscal Year's Maximum Day Demand, Maximum Hour Demand and Average Daily Use in the
October through September bills. with adjustments in the October bill as necessary to recover the
Agreement for Water Service 15
Annual based oo the Customer's actual withdrawals(including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Yearjust ended, during which the
water usage occurred.
7.6 . Customer iu subject»o the Stand-by Charge ifthe
umouotoftbc5tuod-byChurgcioihcgreutorufthcAnouulPoymncn1optioom |iotedio87.U.
Customer iouStand-by Customer ifii receives water from the 8yok:nu for Emergency use only,
and the Director has approved that use. A Stand-by Customer's obligations under this
Agreement include the requirements of@3./ for the location, approval and installation ofmeters.
By execution of this Agreement and approval of the Stand-by service meter, Fort Worth agrees
to provide the wholesale Emergency service through the approved meter to the Stand-by
Cuolonnc/, subject to the terms of this Agreement; however, notwithstanding§2,8, delivery of
water 1ou Stand-by Customer insubordinate tu Fort Worth's other delivery obligations. Further,
this Agreement does not grant oc imply that the 81uodhv Customer has reserved any water
service, capacity or delivery from the S9utcno, other than for Emergency use as provided in this
Q7.6. Any change in the Stand-by Customer's use from Emergency to non-Emergency must be
approved io writing 6ythe Director. Unless odbcnvioc agreed in writing by Customer and
Director,the Stand-by Customer is not required to pay the Impact Fees required by Article 16
until it requests or takes deliveries of water from the System that exceed the approved
Emergency use.
ARTICLE 8. Effective Date
The effective date and time of this Agreement for all purposes is January 1, 2011 at 12:01
a.m. Upon the Effective date,the wholesale water service agreement then in effect between Fort
Worth and the Customer iu terminated and superseded by this Agreement.
ARTICLE 9. Term
This Agreement-expires on September 30, 203(. lt may be renewed on terms mutually
agreeable to the Parties.
ARTICLE 10.
Customer shall grant,without charge 10 Fort Worth, such easements and 6uhtu'of-xav
along public higbvvuysor other pvopcdyovwnedbyCuotorner, us requested byFo �VVonh, io'
order to construct or maintain mains or facilities within the Customer's Service Area to provide
water to Customer and 10 other areas. Upon notice from Customer and utFort Worth's expense
incurred uxuSystem Cost, Fort Worth will move such water mains orfacilities located in such
street rights-of-way, or other property owned by Customer when reasonably necessary to the
performance of essential governmental duties hyCustomer. Fort Worth shall grant, without
charge to Customer, 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 facilities within Fort Worth to provide water to Customer. Upon nuboc from Fort Worth and
at Customer's expense, Customer will move such water mains or facilities when located in such
street rights-of-way or other property owned by Fort Worth when reasonably necessary to
Agreement 1or Water Service 16
performance of essential governmental duties bvFort Worth. All work done hvmou behalf oy
Fort Worth under this paragraph will he performed iu accordance with specifications equu to
those applying to work of a similar nature perfonned within Fort Worth, and the applicable Party
will use its best efforts to restore the others property touu near original condition as feasible
unless otherwise mutually agreed iowriting. Fort Worth and Customer agree to coordinate the
location of the mains and/or facilities in the other's easements and rights-of-way in order to
prevent further conflicts insofar asimreasonably practicable.
ARTICLE 11. TCEQ Public Water Supply Approval
The Customer System shall be approved by the TCEQ during the life of this Agreement.
If,u1 any time,the Customer System io not approved by the 7-CE0' ori[Customer does not have
an active cross-connection 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
TCBQ All expenses to provide and install buckOow prevention dcvioe(m)will hc borne 6�
Customer. '
ARTICLE 12. Resale of Water
12.1 Outside Service Area. Customer agrees that ii will not share facilities for water a�m0onn
use vvithany other goverucneoia| ur corporate entity outside of{�uutooucr'u Service/\rcuvvithout
the express written consent of Fort Worth, which consent shall not be unreasonably withheld.
Fort Worth neither recognizes nor approves any existing agreements entered into by Customer
with other governmental nr corporate entities outside ofCustomer's Service Area,unless
expressly approved io writing by the Director before the Effective Date.
12.2 Exceptions. Only those existing connections outside of the Customer's Service Area
shown in Exhibit E may continue. Customer agrees that J will not enter into any resale or
transportation agreement other than as a part of its normal offering and supply of water to
existing and future subscribers tu its Customer System without the recommendation of the
Wholesale Customer Advisory Committee and express written consent of Fort Worth.
/k&TlCLO 13. Sanitaa Sewer Facilities
The Customer agrees that it will require all of its customers, who are provided water from
the Fort Worth System,to have adequate sanitary sewage facilities meeting TCEQ requirements.
ARTICLE 14. Additional Wholesale Customers
Fort Worth will use its best efforts to provide an adequate water supply for all of its
customers. Prior tothe uppoonu| of additional wholesale customers, Fort Worth will obtain in
writing reasonable assurances from the Tarrant Regional VYutcr District that the projected ten
(10)year water demands of the then-existing wholesale customers being served and any
proposed additional customers can be fulfilled, and will charge the new customer an appropriate
connection fee pursuant to 83.3. Fort Worth will consult with the VVbo|oou|c Customer
Agreement for Water Service 17
Advisory Committee and the Tarrant Regional Water District before contracting with additional
new wholesale water customers.
ARTICLE 15. Wholesale Customer Advisory Committee
Customer's governing body shall annually appoint a representative to be a voting member of the
Wholesale Customer Advisory Committee, 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, administration, budgets, and additional wholesale
customers,whether same be wholesale customers of Customer or Fort Worth. The Wholesale
Customer Advisory Committee may establish bylaws governing the election of officers, meeting
dates and other matters pertinent to its functioning.
ARTICLE 16. Impact Fees
16.1 Calculation and Payment of Impact Fees. On a quarterly basis, Customer agrees to pay to
Fort Worth an Impact Fee for each new or enlarged connection for water service made within
Customer's Service Area served by the Fort Worth System. The Impact Fee to the Customer for
each such connection shall be based upon the size of water meter and shall be equal to the Impact
Fee adopted by Fort Worth and collected for the same size water meter and type of connection
within the jurisdiction of Fort Worth. The calculation of the Impact Fee shall be consistent with
the Fort Worth ordinance adopting the Impact Fee in accordance with all applicable state and
federal regulations, including Chapter 395, and shall include only those costs allowed under
§ 395.012 (or its amended or successor statute)that are associated with Capital Improvements
necessary to provide service to new development. Nothing within this Agreement shall be
deemed to prevent either Fort Worth or Customer from charging their own retail customers'
Impact Fees in excess of the Impact Fee authorized by this Agreement.
16.2 _Multiple Surface Water Providers. If Customer receives surface water from more than
one water provider for use by potable water customers within its Service Area, then the
Customer's impact fees due to Fort Worth shall be proportionately reduced. The charge will be a
fractional part of the Impact Fee imposed within Fort Worth for the same size of meter based on
the ratio of the annual amounts of water purchased from Fort Worth to the total annual combined
amount of surface water purchased from Fort Worth and the Customer's other surface water
provider(s). For purposes of calculating this fractional part,this ratio will be the greater of the
most recent prior annual ratio or the most recent 3 year average ratio occurring after the first
Fiscal Year after the Effective Date.
16.3 Use of Impact Fees. As required by Chapter 395, Fort Worth agrees that all money
remitted to it pursuant to this Article 16 will be placed in an interest bearing account to pay only
for the cost of constructing Capital Improvements included in the Chapter 395 capital
improvements plan, and will not be used for operation and maintenance expenses. Once
expended, such funds and all interest earned thereon will be considered a "contribution" for rate
setting purposes only. To the extent that the cost of any Capital Improvement is recovered
through Impact Fees, it shall not be included in the System Cost.
Agreement for Water Service 18
16.4 Impact Fee Report. Customer shall provide to Fort Worth information that relates to the
making of new and/or enlarged connections within its jurisdiction as may be requested by the
Director, including building permits,with each quarterly payment required in this Article 16.
16.5 No Waiver. Neither Fort Worth nor Customer shall waive any Impact Fee due from new
or enlarged connections to its respective system within its jurisdiction. However, either Fort
Worth or Customer may pay such Impact Fee into the interest bearing Impact Fee account
required by § 16.3.
16.6 CIFC. The Wholesale Customer Advisory Committee created pursuant to Article 15
shall select five(5) of its members to a subcommittee to be known as the Customer Impact Fee
Committee("CIFC"). As required by Texas Local Government Code § 395.052, at least every
five (5)years, beginning June, 2014, or sooner, Fort Worth will update the land use assumptions
and capital improvements plan upon which the Fort Worth Impact Fees are based, or make the
determination under Chapter 395 that no update is required. Fort Worth shall submit a copy of
the annual report of Fort Worth Impact Fee projects and expenditures to the Wholesale Customer
Advisory Committee Rate Subcommittee. In June 2014 and at least every five years thereafter,
the CIFC shall submit a list of five qualified engineers or planning consultants to the
Director. The Director shall select a consultant from such list to assist Fort Worth in developing
land use assumptions, identifying capital improvements, and formulating capital improvement
plans and Impact Fees. The consultant shall be responsible to Fort Worth and its citizen's
advisory committee, but shall also report to the CIFC. The cost of the consultant shall be deemed
a System Cost, except to the extent that such cost is recovered through Impact Fees. If the CIFC
fails to submit a list of five consultants to Fort Worth,Fort Worth shall select the consultant.
16.7 Capital Improvements Plan. Fort Worth agrees that only the Capital Improvements as
defined in§ 1.4 shall be included in the capital improvements plan for the purpose of
determining Impact Fees; provided however, Fort Worth may include other capital
improvements for the purpose of determining Impact Fees to its own retail customers. Fort
Worth shall not be required to include all of its capital improvements in its Chapter 395 capital
improvements plan. The CIFC shall be responsible for working with Fort Worth and its
consultants to determine the Capital Improvements to be included in the calculation of any
Impact Fees. The CIFC shall recommend to the Wholesale Customer Advisory Committee
which Capital Improvements should be included in the calculation of any Impact Fees. The
CIFC shall also meet with Fort Worth's citizen advisory committee as such citizen's advisory
committee reviews and considers land use assumptions,the capital improvements plan and
Impact Fees.
16.8 Dissemination of Documents. Prior to the adoption of any land use assumptions, capital
improvements plan, or Impact Fees assessed by Fort Worth,the CIFC shall be furnished a copy
of the proposed land use assumptions, capital improvement plans or Impact Fees at least thirty
(30)days prior to any scheduled hearing thereon. Any revised Impact Fee adopted pursuant to
such updated capital improvements plan shall not take effect for a period of at least ninety (90)
days after adoption by Fort Worth.
Agreement for Water Service 19
16.9 Audited Financial Statement. Upon request, Fort Worth shall make available to the
Wholesale Customer Advisory Committee the most recent audited financial statement of the Fort
Worth Water Department's records.
16.10 Current Impact Fees. Customer agrees to pay Impact Fees in the amounts determined
pursuant to this Article 16. On the Effective Date,those impact fees are the Impact Fees most
recently adopted by the Fort Worth City Council before the Effective Date. Thereafter the
Impact Fees are those in effect by Fort Worth ordinance at the time the new or enlarged
connection is made.
16.11 Changes to Chapter 395. Fort Worth and Customer agree that the methodology for the
calculation of Impact Fees required by this Agreement shall be consistent with the methodology
prescribed by Chapter 395. if that statutory methodology is amended or replaced by a new
statute,the Wholesale Customer Advisory Committee may engage legal counsel to work with
Fort Worth to propose amendments to this Agreement to conform it to such amendment or new
statute. The reasonable cost of such legal counsel shall be a System Cost.
ARTICLE 17. Breach,Termination and Other Remedies
17.1 Termination by Mutual Consent. This Agreement may be terminated in whole or in part
by the mutual consent of Customer and Fort Worth. Fort Worth's decision on whether to
consent to termination remains within it's sole discretion; however, before consenting to
termination, Fort Worth shall consult with WCAC regarding the circumstances of the proposed
termination.
17.2 Termination for Material Breach. Notwithstanding anything in this Agreement to the
contrary, any material breach by either Party to perform any of its duties or obligations under this
Agreement, or to faithfully keep and perform any of the terms, conditions and provisions of this
Agreement, shall be cause for termination of this Agreement by the non-breaching Party in the
manner set forth in this§ 17.2. Upon such breach,the non-breaching Party may notify the
breaching Party of the non-breaching Party's intention to terminate this Agreement if the
breaching Party fails to cure such breach within ninety(90)days from the date of the notice. The
notice must include a reasonable description of the breach. The non-breaching Party shall notify
the breaching Party in writing upon acceptance of the cure of any breach. If by the ninetieth
(90th) day the breaching Party fails or refuses to cure such breach pursuant to the terms and
conditions of this Agreement,then the non-breaching Party shall have the right to terminate this
Agreement with six months additional notice to the breaching Party.
17.3 Termination for Repeated Breach. Upon a second (or any repeated) breach of a similar
nature by a Party and irrespective of any cure of such breach, the non-breaching Party may, after
six (6) months notice to the breaching Party, terminate this Agreement. That notice must be
provided within a reasonable time after the repeated breach that is the basis for the termination.
17.4 Material Breach. The following breach, default or failure to perform a duty or obligation
under this Agreement is a material breach:
Agreement for Water Service 20
u. FuUun: to comply with 8§ 2.5 or 2.6 requirements regarding
conservation measures or restrictions;
,
b. Failure to pay any bill, charge, or fee as required by this
including fees required uudc,Articlm16;
C. Making any connection tothe Fort Worth System u1 any point except as
provided in W3'2;
d. Puboe to correct any potentially hazardous connection in uocorduuoc with
the terms of Article 88,after notice delivered by certified mail;
e. Failure 0n provide Fort Worth iugo:oo and egress for purposes of operation
and maintenance ofany metering facility;
f. Failure to provide Fort Worth debtx-Nf-vvayax required herein;nr
9. Failure tn provide Fort Worth unImpact Fee report ua required in Article 16.
All other breaches are deemed tobcnon-mnate,iu|.
17.5 Notice and Cure. ln the event o[u material or non-material breach, default or failure to
perform u duty under this Agreement,the non-breaching Party may send u notice of such default
to the breaching Party. The notice must include u reasonable description of the breach. If the
breaching Party fails to cure the breach, default or failure within 60 days of that notice,then the
uuu'brcoohiog Party may give the breaching Party u second notice ofits failure to cure the
breach. Failure to cure the breach within 30 days after the second notice shall constitute a
repeated breach, and may result intermination of this Agn:erncut as provided in 8 17.3 for
repeated breach. Fort Worth may, upon breach hyu Customer, surcharge the Customer uu
amount developed and calculated hy Fort Worth intended to reimburse Fort Worth for any
damages each month, including 10%interest,until Customer cures that breach. Because failure
to perform obligations under this Agreement cannot be adequately compensated in money
damages alone,the Parties shall have available 10 them the equitable remedy ofspecific
performance in addition to any other legal or equitable remedy as may be provided by law.
17.0 Notice and Cure for Nonpayment of Impact Fees. If the breach is based on the non-
payment or underpayment of Impact Fees,then the Customer shall pay Fort Worth the amount of
the000'puynnentnruudwr'puyrucutvvitbin6Oduyaoftheooticcrcquivcdhy8& l7.2or87.5, p|uu
interest at a rate of 10%of the amount owed, accruing from the time at which the payment was
due. /\u additional charge of$500.00 will hc added ifno Impact Fee report was fi|cd.
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation. If Customer
bn:uchcu 8&2.5wr%'6. then the 8 17'2 notice provisions do not apply and the Director, in his
uo|c discretion, may, in writing, set such time in which the Customer shall cure the breach. If
Customer fails o,refuses to cure the b,cucb within the stated dnno, then Fort Worth sho|| have the
right to declare this Agreement terminated after six (6) months additional notice toCustomer.
17.8 7.2. Failure to provide W7'%
notice, provided the Director did not waive notice requirements. will be considered a non-
material breach of the Agreement and, in addition to other remedies available under this
/\gcoenncot, ohu|| result in an automatic surcharge in the amount specified in 8 17.5 for such non-
material breaches o[the Agreement, without further notice requirements.
Agreement for Water Service 21
17.9 Effect of Termination. Upon termination of this Agreement under this Article 17,all
rights,powers, and privileges of Customer and Fort Worth under this Agreement shall cease and
terminate, and neither Party shall make any claim of any kind whatsoever against the other Party,
its agents or representatives, by reason of termination or any act incident to termination, if the
terminating Party acted reasonably and the termination was not unreasonable, or arbitrary and
capricious. If this Agreement is not renewed before it expires, and the Parties are negotiating in
good faith regarding the provisions of a new agreement,then the Parties may extend the date for
termination, in writing that refers to this § 17.9 and is signed by both Parties. If this Agreement
is not renewed,or if the Agreement is terminated by one of the Parties pursuant to this Article
17, then,as authorized by Texas Water Code § 11.036,this Agreement requires the Customer to
develop alternative or replacement supplies before the expiration or termination of this
Agreement;this requirement may be enforced by the equitable remedy of specific performance,
sought by court order, in addition to any other legal or equitable remedy as may be provided by
law. No continuation of the service obligation exists or will be implied after expiration or
termination.
17.10 No Waiver by Fort Worth. Any failure by Fort Worth to terminate this Agreement,or the
acceptance by Fort Worth of any benefits under this Agreement, for any period of time after a
material breach, default or failure by Customer shall not be determined to be a waiver by Fort
Worth of any rights to terminate this Agreement for any subsequent material breach,default or
failure.
17.11 No Waiver by Customer. Any failure by Customer to terminate this Agreement,or the
acceptance by Customer of any benefits under this Agreement,for any period of time after a
material breach, default or failure by Fort Worth shall not be determined to be a waiver by
Customer of any rights to terminate this Agreement for any subsequent material breach, default
or failure.
ARTICLE 18. Ownership and Liability
18.1 No Joint Venture. 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 liabilities and Customer payments(whether past,present, or future)
shall not be construed as granting Customer partial ownership of,pre-paid capacity in, or equity
in the Fort Worth System.
18.2 Liabilities. 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 Worth's sole responsibility is to provide to Customer water of a quality
which meets state and federal drinking water standards. Each Party agrees to save, release and
hold harmless the other Party from all claims. 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 Partv. This covenant is not made for the benefit of any third party. Fort Worth
takes the responsibility as between the Parties for the proper treatment,quality, transportation,
and delivery of all such water provided by it to the point of delivery.
Agreement for Water Service 22
18.3 Contractors. Agreements 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-insured. Such Agreement must also provide that the independent contractor(s)
covenant to indemnify,hold harmless and defend both the Customer and Fort Worth against any
and all suits or claims for damages of any nature arising out of the performance of such
Agreement.
ARTICLE 19. Force Majeure
19.1 Notice and Suspension. If by any reason of force majeure either Party 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 continuance of the inability then claimed, but for no longer period, and such Parry shall
endeavor to remove or overcome such inability with all reasonable dispatch.
19.2 Definition. The term "force majeure," as employed herein, shall mean acts of God,
strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the
government of the United States or the State of Texas, or any civil or military authority,
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 cause not reasonably in the control of the Party claiming
such inability.
ARTICLE 20. Notices
20.1 Required Notice. Except in the case of an Emergency, any notice or other
communication that is required, given or provided for under this Agreement shall be in writing,
and addressed as follows:
To Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
To Customer: Mayor
City of Southlake
Address : 1400 Main St. , Suite 270
Southlake, Texas 76092
Agreement for Water Service 23
With an additional copy to be given to a Customer representative, if designated in writing by
Customer.
20.2 Delivery and Receipt. Notice shall be either(a) delivered personally, (b) sent by United
States certified mail, postage prepaid, return receipt requested, (c)placed in the custody of a
nationally recognized overnight carrier for next day delivery, or(d) sent via telecopy or facsimile
(fax)transmission. Notice shall be deemed given when received if delivered personally or sent
via telecopy or facsimile transmission with written confirmation of receipt; forty-eight (48) hours
after deposit if sent by mail, and twenty-four(24) hours after deposit if sent by nationally
recognized overnight carrier for next day delivery.
20.3 Change of Address Notices. Each Party shall provide notice in writing, as provided in
§ 20.1 of any change in its address.
ARTICLE 21. Inspection and Audit
Complete records and accounts required to be maintained by each Party 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. The responding Party shall make the records available promptly
upon request.
ARTICLE 22. Miscellaneous
22.1 Favored Nations. Fort Worth and Customer agree that if Fort Worth should enter into
any future Agreement for supplying treated water to any municipality under more favorable
terms or conditions than set forth herein,this Agreement shall be amended to provide the same
terms and conditions with respect to the sale of treated water to Customer.
22.2 Suspension of Rate of Use Charges. During an Emergency it may be necessary that water
be withdrawn from the Fort Worth System at a rate of usage in excess of the Customer's
contractually established Maximum Daily Demand and Maximum Hour Demand. It is agreed
that 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 forty-eight
(48) hours of the occurrence of the Emergency. In any event,the normally applicable Rate of
Use Charges the Customer would have incurred had it not been an Emergency,plus the Volume
Charges for all water delivered, shall be due and payable as described elsewhere in this
Agreement.
22.3 Water to Adjacent Areas. At the request of the Director, Customer agrees to furnish
water to areas and premises situated adjacent to the boundary of Customer and within the
boundaries of Fort Worth, subject to the Texas Water Code and TCEQ regulations regarding
service areas. The metered quantity of water used in this area each month by Fort Worth shall be
the total of all individual customer meter readings. At the option of Customer or Fort Worth, a
master meter may be installed where practicable at the expense of Fort Worth to meter all water
used by Fort Worth under the terms of this §22.3. The metered quantity of water furnished by
Agreement for Water Service 24
is' Y- 1.; T Y:, a.f:✓ 3 fi 1 � 1 Yi/4:tm _
Customer to Fort Worth shall be deducted from the total quantity of water withdrawn from the
Fort Worth System by Customer before the charge for water service to Customer is computed in
accordance with the payment computations set forth and based on the Volume Charge,the
quantity of water so withdrawn from the Fort Worth System and, if the meter serving those
customers has been equipped to measure it, Maximum Day Demand and Maximum Hour
Demand.
22.4 Subject to Laws and Pen-nits. 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. Customer agrees to abide by any changes in this Agreement
made necessary by any new, amended, or revised state or federal regulation; however the Parties
may not enact rules or laws that conflict with this Agreement.
22.5 Entry on Customer's Premises. Upon prior notice by the Director, Customer shall allow
any duly authorized employee of Fort Worth who presents proper credentials to access any
premises located within Customer's Service Area or served by Customer as may be necessary for
the purpose of inspections and observation, measurements, sampling and testing and/or auditing,
in accordance with the provisions of this Agreement. Customer may elect to accompany the Fort
Worth representative. To the extent permitted by law, Fort Worth agrees to be responsible to
Customer for any damage or injury to person or property caused by the negligence of such duly
authorized employee while such employee is in the course and scope of their employment.
22.6 Alternative Dispute Resolution.
22.6.1 The parties shall endeavor, but only to the extent permitted by applicable law and
at no additional cost to Customer,to settle all disputes arising out of or relating to
this Agreement by amicable negotiations.
22.6.2 Any and all disputes arising out of or relating to this Agreement that cannot be
resolved informally will be submitted to mediation. The place of mediation shall
be in Tarrant County, Texas. A mediator shall be jointly agreed to by both
Parties, and the mediator selected shall have expertise in the sale and supply of
treated water. Either Party may apply for injunctive relief until the mediation
decision is rendered or the controversy is otherwise resolved. Either party may,
without waiving any remedy under this Agreement, seek from any court having
jurisdiction any interim or provisional relief that is necessary to protect the rights
or property of that Party,pending the mediator's determination of the merits of
the controversy. Each Party shall initially bear its own costs and expenses;
however, unless otherwise agreed in mediation, Fort Worth's costs in mediation.
including expenses, reasonable attorneys' fees and other costs, shall be a System
Cost. Nothing occurring during mediation shall be considered evidence in court.
22.6.3 If mediation is not successful, either Party may commence litigation to resolve the
dispute. Fort Worth's litigation costs shall be a System Cost.
Agreement for Water Service 25
22.7 Information. If requested by the Director, Customer shall provide quarterly the following
data or information:
22.7.1 Actual number of customer accounts consuming directly or indirectly from the
Customer System within Customer's Service Area;
22.7.2 Classification of domestic and nondomestic accounts within its Customer's
Service Area by number and percentage of accounts consuming directly or
indirectly from Customer System within its Customer's Service Area;
22.7.3 Customer water usage from all sources other than the Fort Worth System,
including ground water, other surface water, and water supply agreements with
other entities; and
22.7.4 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 Impact Fees;provided, however,that neither Party shall request data
that will require either Party to incur unreasonable expenses in providing such
data.
22.8 Assignment. 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, except that if Fort Worth's water utility is designated as a regional water agency by a
duly authorized regulatory body, or if Fort Worth elects to contract with or assign this
Agreement to a regional water authority or utility to provide all or part of the services covered by
this Agreement,the Customer hereby agrees and grants Fort Worth the right to assign this
Agreement under the following conditions. The regional water authority or utility shall assume
and receive the same obligations, responsibilities and benefits as Fort Worth, and Fort Worth or
the regional authority or utility will notify the Customer of such assignment at least ninety (90)
days prior to its effective date.
22.9 No Waiver. No waiver by either Party of any term or condition of this Agreement,or
failure to give notice of any breach, shall be deemed or construed to be a waiver of any other
term or condition or subsequent waiver of the same term or condition.
22.10 VENUE. THE PARTIES AGREE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT
COUNTY,TEXAS AND THAT THE COURTS OF TARRANT COUNTY ARE A PROPER FORUM FOR THE
DETERMINATION OF ANY DISPUTE ARISING UNDER THIS AGREEMENT.
22.11 Construction. As used in this Agreement, the term "including" means "including without
limitation,"the words "shall" and "will" are mandatory and the word "may" is permissive. and
the term "days" means calendar days, not business days. Wherever required by the context,the
singular shall include the plural, and the plural shall include the singular.
22.12 Severability. If any term or provision in this Agreement is held to be invalid or
unenforceable by any legislative act or court of competent jurisdiction, and the extent of such
invalidity or unenforceability does not cause substantial deviation from the underlying intent of
the parties as expressed in this Agreement, then such invalid or unenforceable provision shall be
Agreement for Water Service 26
deemed severed from this Agreement without invalidating the remainder mfthis Agreement, and
m new provision mbu|| be deemed substituted in lieu ofthe provision severed, which new
provision shall,tothe extent possible, accomplish the intent ofthe parties uuevidenced by the
provision severed, and without affecting any other term or provision in this y\grcenoroL
22.13 Use of Return Water. Customer agrees that Fort Worth has the right 1n own and to use or
sell any Return Water. Customer will not seek or receive any compensation, credit, or offset
from Fort Worth for making the Return Water available to Fort Worth through discharges into
Fort V9nctb`a wastewater collection and to:uUncot system(s), and agrees that it will not provide
water service under any ordinance or agreement that conflicts with Fort Worth's rights under this
§22.83.
22.14 System Regulatory Actions. Customer agrees, upon the request of Fort Worth,togive
reasonable consideration tosupporting Fort Worth, and shall not oppose Fort Worth, onany
permit applications or governmental approvals rc|uzcd to the Fort Worth Byutcno.
22.15 Additional ContractTerms. Additional contract terms that apply to the Customer, but not
Fort Worth's other wholesale customers, are contained in Exhibit Dr "Additional lonmo."
22.|6 . All exhibits attached to this Agreement are incorporated into this Agreement 6v
n:Q:ncooc, focuU ��
iotcu�o uodpuqpoucoofthiogrcornco� ua follows: ^
Exhibit Customer Service Area and nuuiuuUy ugrccdpoiut(e) of
de/iwcryon(beBffec6vcDate.
Exhibit Stand-by Charge (Example Calculation)
Exhibit Example oy the Annual Bill Calculation
Exhibit Calculation oy PILOT and Cost ofService &cvouuo
Requirement toRecover the Cost ofPilot
Exhibit Map of Existing Connections Outside Customer's Service
Area [if any].
Exhibit Additional Tconx [if any]
[THIS SPACE INTENTIONALLY BLANK]
Agreement t`6r Water Service 27
i1t.'. i4t3il�J&tBls. ..r ',:3.�,cw fir.. -" i'auzfESa.' n`C �1rl. .e «!r. Fi..tS m,;^;s.fiee7�9 •; , ::<'@'�fiLa _ .r,;i,.� -,u,',fx, _ ?
IN TESTIMONY WHEREOF,after� 0t by the respective governing bodies of the Parties,
this Agreement has been executes 4t�c�i°'"A1'i��copies, each of which is considered to be an
original. o o° °0 0��
0
0
v� o���
ATTEST: TY OF FORT WORTH
o°
�a r y•
° °°°°a°°
City Secretary, ity of Fort Worth pb° Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
avj ft) c. -V
City Att ey,Ci of F rt Worth
1�_"' Date: 11,
APP VAL RECO NDED: _ r� u '
t
contract Authorization
Director
City of Fort Worth Water Department Date
ATTEST: CUSTOMER SOUTHLAKE
By
Secretary John Terrell
Mayor, City of Southlake
APP OVE AS O F �WITY:
Attorney
Date:
APPROVAL RE/CO�M
Print Name: Robert H. Price, P.E. , FNSPE
Title: Director of Public Works
OFFICIAL RECORD
y CITY SECRETARY
FT. WORTH, TX
Agreement for Water Service 28 1
J ta
EXHIBIT A
SERVICE AREA AND POINTS OF CONNECTION
..........
.................
FORTWORTH Wholesale Customer Meters For
WATER Southlake
I . xrwq Legend
amr E SROOU I ■ Wholesale Customer Water Meter
Adjacent City
CFWCfty Limit
G)
W
4' Ili 10DEA"I
WAVOA AKNNAYCRBEK
7
L
"O"w"ONE5AROOKS
Omwa,, Sou I t
WOOE
WRM
IWASAKI
ma?
L) I
TALBOT wo",
TREWOWEj MWES
49 m 4M ROBX swo--�
15,
9Ak30LTREE OAKfAL %A
17 Ila 7z NOPMVIEST
M1
'd ENV xa"5R
SOCCER MOR
vsw a-RIVO, my �M
ww
�RCREM BEAR
ma �TAW ACCESS WSTAMO
PO,
CR�
"O
Jw%UPA=EKQ1.Ep vAV—lO 17TH
Vo ZANOT
69P
LAYALA
A— TUdGNr
03
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0,,-- LAKESIDE %
dG&FA0 4EW OOE�� LIJFCL I
19 'I A"GV
AE�SILE ."00 "�R 74,
"0 CLA*A."
AA CS=FJ bEMI
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44".
4 SW 9,000 18,000 NAD-1963-StalaPlane-Texas North Centrai FINS 4202 Feet 1 inch ecuals 9000 feet
A
M
CL
., 2 w
m
c
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E C O O CO a) m 0
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tl! 7 7
7 O O
U fA <A
FORTWORTH Wholesale Customer Meters For
WAM Southlake
y v iC1541 Legend g
� ! mod° >3
J .
10532
s\ tw e — p
2
o " �, ' -1052-1 ----- --- __._ ____- � -- TR�fIL{ . OLIDVP -
-�: y ......I..T -.� 'Jol.
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we
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m
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10345
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'10340
s a v(-� � � to 1032a I �
18320 - 10315 ....._..----...— Q
} I Q SOUTHLAKE F%�C�H
{
4rf1 -- onCrett3 L
0o PRIMARY ACTIVE
z 4707 RAY WHITE R io3a5 S
_. 36°
;
_ 1.7 L i• 24' n CD
ncrew
m 0 I
A w
_ r�F ° GJ-- c •f -V I O ';�dL 4708
n 4 ( !t 70<!0 )+ H?fin) I 4710 4712 4722-
� 30212 4
FM 407 224
g b Lake 10250
1ST 11 Lewisvili 70
o
o � yI
FM 1171 - 10218 \ I
O° W10HlTA 10200
t= (3•Z 174 0 _____. _.._.__- ., ,.. '
110 17078 7j4 ® Grapevine '8' 1021a r 2r I au
LL m � 130 17° DOVELake 4 ! I
� DOLE
? _ JOHNSON �1t v ti
U E FM 1708 WALL I
n o _ XELL VOI 50 10056
cp BURSEY W
o = STARNES ,
g Q U ,L6 GLADE o --- \ ..1 10041'
o
^� U HARWOOD Z t�...—. `
> U ,� nOG•1 , iCN X71
Y _820 _ LL r83 I PJIU_ 1
��v i
820 GCFNV/EW P1PEI INE 121 183 1
ii BROADWAY 183 10 ! f
0 150 300 450 600 NAD_198351etePane_Teaas_Nortn_Cantral_F1PS_4202 Feel 1 inch equals 300 Heel
Feet
FORTWORTH Wholesale Customer Meters For
Southlake
WATU
U,-
;0 12836
co Legend
I 1 53 12851 12629 I 12832 = I md-W.C,M—vwar wt.,
601
-12848-- 12825 12828
G)
8• 12845 0_: 12344 L) 12824 .3
128,11 12840 12817 a 12820
00 12816 jL;
12813 --
12809 I2812
12805
------ 12808 "j
l-'804 U c
z al
4133
V.P V.
0137
4141
>
la: .1145
4148
*0 4149 1 3
12'
12' P.V.G.' I 2: 1
4i 4153
4056 2
co 4040 128 4132
ILI
:0
.2 TA*DtSBb"—
2 CAYlQR INCL 21
4040 16'N2
v f f E
IV
q PRIMAR AM
3POO N
E 2,- 41XG
21
'2 24 Li
Z5. >
20
1 12745 12801 12833 12557
S 9 1e 121121
o
FU 407
LIZ k Lake
c 1ST 1p Le.wis vilk
FM 1171
E ' -"�R
� E MG141TA 126pr)
it�- ��
170 Ae
�1� J70 M Grapevine
- 0 o DOVFLake
b DOVE 12541
-1 M JOHNSON
i3 F.KELLE WALL
ts FM
i•t c'n 9 U RSE Y
9 STARNES
GLADE
HAPACOE
8w 183 508 1
820 183 SR I1 6"��W PIPELINE 121
?S PROADWAY 183 EE
0 150 300 450 600 NAD,1983 SlalePlana-Texas-Narlh,,CeNrsl F IPS-4202-Feel 1 inch equals 300 fErm
Feet
�1 k:
FORTWORTH Wholesale Customer Meters For
wATM Southlake
317
907 210 Legend
416 N--C�stomrt Nitr AM7R
313
345 3095
2995
200
c)
309 333
s.
s
128
201
300 3300 3210 3110
124 0
i
3
151
3301 3211 3201 3111 120
-- 141 $
1924 1928 .1832 116
3250 8
-- a
131 112
JORDAN —
_,s
° 3125 3115 108
r, 3255 3225 121
1939
$l
104.
M 24,'W4 METER
U PRIMARY MOPOi gED ._
a 3200 W SOUTHLAKE BLVD 8
-9S 1975 101 3200 3120 - gg
yy 2900 3
SO
Yy �
FAN 9709
3280 3220
FM 407 / 3119
g L 100
8 1sT Lewisvill 110 / 105
3051 3001
A FM 1171
E
S+
.0 116
$ - WICMIA 2910
>14 3101
17C'- �,� _® G 130 220 230
LL i-t 1'10 {10 170 DOVIL @ _
JOHNS T,
..KELLF� FM 1709 WALL 3140 3130
EEE1If����Y�t .. 205 215 225 236 245 2y
2914
GLADE Z 3 7135 3105
j 820 HARW000 1 223 3145 �{.... 1
820"'LEI AFW PJPEL I&E 121 183 h
2 I 1
LL BROADWAY 183 10
0 150 300 450 600 NAD 1983 StatePlane Texas North Contra FIPS 1202 Fee 1 nch equals 300 feet
Feet - - - - - - - -
kY
EXHIBIT B
AGREEMENT FOR WATER SERVICE BETWEEN
THE CITY OF FORT WORTH,TEXAS, AND
CITY OF SOUTHLAKE ,TEXAS
SECTION 7.1.3
Stand-by Charge Example Calculation
1) Stand-by Charge Calculation Inputs:
• 10 inch meter=210 EMs
• 1 EM=20 Gal per Minute X 60 Minutes per Hour X 24 Hours per
Day or 28,800 Gallons per Day
• Does not include Cost of Raw Water
3-Year Average Treatment,Pumping and Transmission Charge($/1,000 Gals)Calculation:
FY05 FY06 FY07
$0.5398 $0.6829 $0.6291
Three Year Average $D.6173
2) Stand-by Charge Calculation:
Monthly Standby Charge = 28,800 Gallons per Day X 210 EM X $0.6173 per
1,000 Gallons or$3,733 per Month.
Annual Standby Charge= 12 Months X $3,733 per Month or$44,801.
STANDBY CHARGE
ASSUMPTION AND DEFINITIONS:
The Minimum Standby Charge is based on the maximum amount of water a connection
could draw in a 24-hour period.
The calculation assumes that any usage would be temporary and of an emergency basis.
The calculation is also based on the number and size of each connection.
The Transmission Charge is the 3-year average for that charge as calculated in the most
recent independent cost-of-service study.
Reserved Capacity is defined as the maximum amount of water a connection could draw
in a 24-hour period.
"Equivalent Meters"or"EM" is a means of relating a large-use customer with a base
(residential)use customer. Fort Worth uses 5/8 x 3/4 inch meter capacity as an EM. The
ratio of larger meter's capacity to the 5/8 x 3/4 inch meter capacity is the number of
EMs for each meter. The ratios can be found in the AWWA Standard C700-02.
1 EM delivers 20 Gallons per Minute.
1 EM delivers 28,800 Gallons per Day (20 GPM * 60 Minutes/Hour* 24 Hours/Day).
Maximum Reserved Emergency Usage equals EM * 28.800
EXHIBIT C
SECTION 7.4 Total Annual, Monthly and Rate of Use Example Calculations
The calculations shown below assume a customer drawing water from one metering station.
The volumes, peaks,rates and charges in this Exhibit C are for demonstration
purposes only and are not based on adopted rates or on actual usage for the Customer.
The annual Volume Rate is charged as a rate per 1,000 gallons. The Annual Payment also
includes the monthly service charge.
Volume Rate of
Month Gallons Rate Volume Service Use Total
$/1,000 Charges Charges Charges*
• Gallons
Oct 1,000,000 $1.43 $1,430 $25 $2,209 $3,664
Nov 1,000,000 $1.43 $1,430 $25 $2,209 $3,664
Dec 1,000,000 $1.43 $1,430 $25 $2,209 $3,664
Jan 1,000,000 $1.43 $1,430 $25 $2,209 $3,664
Feb 1,000,000 $1.43 $1,430 $25 $2,209 $3,664
Mar 2,000,000 $1.43 $2,860 $25 $2,209 $5,094
Apr 3,000,000 $1.43 $4,290 $25 $2,209 $6,524
May 3,000,000 $1.43 $4,290 $25 $2,209 $6,524
Jun 3,000,000 $1.43 $4,290 $25 $2,209 $6,524
Jul 3,000,000 $1.43 $4,290 $25 $2,209 $6,524
Aug 4,000,000 $1.43 $5,720 $25 $2,209 $7,954
23,000,000 $32,890 $275 $24,299 $57,464
Sep 3,000,000 $1.43 $4,290 $25 $7,021 $11,336
26,000,000 $37,180 $300 $31,320 $68,800
* Example calculation for Rate of Use Charges is on Page 2 of 4.
1 of
EXHIBIT C
SECTION 7.4 Total Annual Payment Example Calculation(con't)
Example Calculation for monthly Rate of Use Charges
Gallons
Average Daily Use for the prior year 60,000
Maximum Day Demand for the prior year 175,000
Maximum Hour Demand for the prior year 480,000
(converted to gallons per day)
Maximum Day Demand above Average Daily Use(Max Day-Avg Day) 115,000
Maximum Hour Demand above Maximum Day Demand(Max Hour-
Max Day) 305,000
Monthly Excess Maximum Day and Excess Maximum Hour Payment Calculation:
Excess Max
MGD Charges/MGD* Total
Max Day Above Avg Day 0.115 $135,000 $15,525
Max Hour Above Max Day 0.305 $36,000 $10,980
$26,505
Monthly Rate of Use Charge Payment(Total Divided by 12) $2,209
*The Excess Max Charges/MGD are the Excess Max Day Charge and the Excess Max Hour
Charge,each in$/MGD,taken from the current Fiscal Year annual cost-of-service rate
study
As shown,the monthly Rate of Use Charges are calculated using the prior year's Average
Daily Use, Maximum Day Demand and Maximum Hour Demand,times the current Fiscal
Year Excess Max Charges/MGD. The final Annual Payment required by Article 7 is
calculated using the current Fiscal Year Average Daily Use,and the Maximum Day
Demand and Maximum Hour Demand for the current Fiscal Year or for the average of the
most recent three(3) Fiscal Years,whichever is greater(as provided in § 7.1 and shown in
the following Examples 1 and 2),times the current Fiscal Year Excess Max Charges/MGD.
2 of 4
h
EXHIBIT C
SECTION 7.4'total Annual Payment Example Calculation(con't)
Example 1 —Current year exceeds the average of the most recent three Fiscal Years
Gallons
Average Daily Use for the year 71,233
Maximum Day Demand for the current year 215,000
Maximum Hour Demand for the current year 545,000
(converted to gallons per day)
Maximum Day Demand above Average Daily Use 143,767
Maximum Hour Demand above Maximum Day
Demand 330,000
Fiscal Year Average of Most Recent Three Years
Current FY FY
Average FY 2008 2007
Max Day Above Avg Day
(MG) 129,178 143,767 115,000 128,766
Max Hour Above Max Day
(MG) 318,333 330,000 305,000 320,000
Annual Payment Calculation
Volume Rate
Gallons $/1,000 Gallons Total
26,000,000 x $1.43 = $37,180
Service Charge Months
$25 x 12 = $300
Max Day Above Excess Max
Avg Day(MGD) Charges/MGD
0.144 x $135,000 = $19,440
Max Hour
Above Max Day Excess Max
(MGD) Charges/MGD
0330 x $36,000--- _ $11,880
Total Annual Payment Due $68,800
Previous Billings for October through August Usage $57,464
October Billing for September Usage $11.336
3 of4
EXHIBIT C
SECTION 7.4 Total Annual Payment Example Calculation(con't)
Example 2—The average of the most recent three Fiscal Years exceeds Current year.
Gallons
Average Daily Use for the year 71,233
Maximum Day Demand for the current year 190,000
Maximum Hour Demand for the current year
(converted to gallons per day) 500,000
Maximum Day Demand above Average Daily Use 118,767
Maximum Hour Demand above Maximum Day Demand 310,000
Fiscal Year Average of Most Recent Three Years
CURRENT FY FY
Average FY 2008 2007
Max Day Above Avg Day
(MG) 120,844 118,767 115,000 128,766
Max Hour Above Max Day
(MG) 311,667 310,000 305,000 320,000
Annual Payment Calculation
Volume Rate
Gallons $/1,000 Gallons Total
26,000,000 X $1.43 = $37,180
Service Charge Months
$25 X 12 = $300
Max Day
Above Avg Day Excess Max
(MGD) Charges/MGD
0.121 x $135,000 = $16,335
Max Hour
Above Max Excess Max
Day (MGD) Charges/MGD
0.312 x $36.000 = $11,232
Total Annual Payment Due $65,047
Previous Billings for October through August Usage $57,464
October Billing for September Usage $7,583
4 of 4
EXHIBIT D
Calculation of PILOT and
Cost of Service Revenue Requirement to Recover the Utility's Cost of PILOT
DESCRIPTION
A payment in lieu of taxes ("PILOT') assessed against the Water Operating Fund is an annual
assessment to offset the ad valorem taxes lost, due to the non-profit status of the Water System.
The Water Operating Fund pays the amount of the assessment into the General Fund.
PILOT assessed against the Water Operating Fund is calculated by applying the most recently
adopted property tax rate per$100 assessed value to the net book value of the applicable assets.
These assets are limited to the assets classified as Plant and Property (in the specific NARUC
accounts listed on the next page), and do not include Transmission Mains, Connections,
Collection Structures and Meters.
The PILOT is a component of the Water Operating Fund Cost of Service. The Cost of Service
Revenue Requirement that is necessary to recover PILOT is allocated between Retail and
Wholesale customer classes according to the volume usage in the most recently completed fiscal
year,prorated between the two customer classes.
The Wholesale Cost of Service component of PILOT is then allocated amongst the wholesale
customers according to each wholesale customer's percentage of the wholesale customer class's
volume usage in the most in the most recently completed fiscal year.
EXAMPLE
The following example further explains the calculation of the City's PILOT, the related revenue
requirement, and its recovery through rates. The methodology applied in this example will
remain in effect for the life of the Agreement; however, the specific dollar figures, volumes and
other numerical values used in the following example will be updated from the sources identified
below for each fiscal year that the contract is in effect.
1 10
�fi
NET BOOK VALUE CALCULATION FOR PILOT ASSESSMENT
PILOT assessed against the Water Operating Fund is calculated by applying the most recently
adopted property tax rate per$100 assessed value to the net book value of the applicable assets,
calculated as:
Historical Cost of Water System Assets at most recent audited year end;
LESS Historical Cost of Non-Plant and Non-Property Water System assets defined by
NARUC (National Association of Regulatory Utility Commissioners)codes:
316 Raw Water Conduit and Valves
343 Transmission Mains
345 Service Connections
346 Meters
347 Meter Installation
348 Hydrant
372 Structures& Improvements/Collection
(If any of these account codes are amended,the equivalent code will be substituted.)
LESS Accumulated Depreciation on Plant and Property at most recent audited year end;
PLUS Construction Work in Progress on Plant and Property at most recent audited year end;
Example calculation:
NET BOOK VALUE CALCULATION
LESS
Historical Cost
Total of Non-Plant LESS PLUS
Historical and Non- Life-to-Date Construction EQUALS NET
Cost of Water Property Accumulated Work In BOOK
System Assets Depreciation Progress VALUE
$982,385,273 ($655,261,618) ($105,793,316) $26,990,180 $248,320,519
(Dollar figures from most recent Cost of Service Study.)
-..wauzr.si�,w..� °� ,oc.s•;..,a..w e.,a:.�nu._.v•s�.x:sa;�e .iu,..,a w-vsa:n�.wn:.eru�rs_•�,r�::�u2�..,:z,° d..,,:c.•.aec- .u., ua-i�.aer �.+e..,.-,. •..5
NET BOOK VALUE ALLOCATION BETWEEN RETAIL AND WHOLESALE
The Cost of Service Revenue Requirement necessary to recover PILOT is allocated between
Retail and Wholesale customer classes according to the volume usage in the most recently
completed fiscal year,prorated between the two customer classes.
Example Retail/Wholesale allocation calculation:
Volume(MG)
Total Annual Volume(MG) 66,917
Wholesale Volume(MG) 21,639
Wholesale Allocation 3234%
Retail Allocation 67.66%
(Dollar figures and percentages from most recent Cost of Service Study.)
Total Net Book Value Base $248,320,519
Wholesale Net Book Value Base $80,299,602
CALCULATION OF WHOLESALE REVENUE REQUIREMENT
(PILOT COST OF SERVICE COMPONENT)
FY 2010 Tax Rate per$100 Value $0.8550
Total PILOT Cost of Service $2,123,140
Wholesale Allocation 32.34%
Wholesale PILOT Cost of Service $686,562
EXHIBIT E
SOUTHLAKE EMERGENCY INTERCONNECTIONS WITH OTHER SYSTEMS
These are three (3) emergency interconnections with other water systems. It is not
Southlake's intention to resell water to either Grapevine or Southlake Park Water
Corporation. Southlake Park Water Corporation and the City of Southlake have
overlapping CCN's for a small area of the city. The emergency interconnections are
metered in both directions and all water exchanged between the two cities is accounted
for.
Mil
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SOUTHLAKE
9
Public Works Administration
1400 Main Street I Suite 320 i Southlake, Texas 76092 1 (p)(817)748-8098
July 28, 2010
Mr. Frank Crumb, P.E.
Director, Ft. Worth Water Department
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102-6311
RE: Emergency Water Connections: With City of Grapevine and Southlake Park
Services, Inc.
Dear Frank:
The Cities of Southlake and Grapevine passed an ordinance in 2008 adjusting the city
limit boundary transferring approximately 11.35 acres from the City of Southlake to the
City of Grapevine. A copy of the ordinance and the exhibit map are included with this
correspondence. Among other considerations included in the mutual exchange is the
desire by both cities to provide an emergency water connection between the two cities
along the new city boundary.
The new emergency water connection will be the second such connection between
Southlake and Grapevine. A map showing the location of the existing and the proposed
emergency connections is also included with this letter. Both the old and the new
interconnection are eight inches with parallel meters and check valves allowing water to
flow in only one direction through each of the parallel meters. A detail of this
configuration is included with this correspondence.
In addition, the City of Southlake also has an emergency water connection with
Southlake Park Services, Inc., a separate water supply corporation with their own TCEQ
certified CCN (12556). As of the date of this letter, a new 4-inch meter is being installed
to meter emergency water flows to the Southlake Park Service Water Corporation. An
exhibit showing the location of this emergency water connection is attached to this
correspondence. This water supply corporation is located entirely within the
jurisdictional boundary of the City of Southlake. In accordance with the agreement
dated July 16, 1991, between the City of Southlake and Southlake Park Services Inc.,
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
www.cityofsouthlake.com
NO I
Mr. Frank Crumb, P.E.
July 28, 2010
the City of Southlake is required under Paragraph 8 to provide an emergency water
connection in the event of outage. I have attached a copy of that agreement to this
document for reference.
Section 12 of the Ft. Worth/Southlake Wholesale Water Contract prohibits the resale or
transport of water to another entity without the approval of the Water System Advisory
Committee and the City of Fort Worth. As with the first interconnection, all three of
these emergency connections would be metered and would allow water to move from
Southlake to the other entity and vice-versa in the case of Grapevine. It is not the
intention of any of the involved entities for these connections to provide the ability for
resale of water on a routine basis. The purpose of these interconnections is strictly
to provide an altemate water supply in the event of a water system failure in
either provider.
The purpose of this letter is to provide formal documentation of these emergency
connections as part of the renewal of the 2010 Wholesale Water Purchase Contract. By
virtue of the inclusion of this document within the 2010 Wholesale Water Purchase
Agreement between the Cities of Fort Worth and Southlake, it is deemed that these
emergency water connections meet the conditions of the subject agreement and are
considered acceptable under provisions of said agreement.
Sincerely,
Robert H. Price, P.E., FNSPE
Director of Public Works
Enclosures
C: Matt Singleton, Public Works Director, Grapevine
John S. Laster, P.E., Deputy Public Works Director, Grapevine
Chuck Kendrick, Deputy Public Works Director, Southlake
2010-7-26($LK Emergency Water Connections Notifmtlon).docx
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www.cityofsouthlake.com
OFFICIAL RECORD
_ CITY OF SOUTHLAKE ORDINANCE NO.950
GRAPEVINE ORDINANCE NO.2008-61
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS,both the City of Southlake and the City of Grapevine are home rule
cities located in Tarrant County,Texas;and
WHEREAS, Southlake and the City of Grapevine share a common boundary,
and
WHEREAS, Section 43.031 of the Texas Local Government Code authorizes
adjacent municipalities to make mutually agreeable changes in their boundaries of areas
that are less than 1,000 feet in width; and
WHEREAS, an area of property north of Highway 114 which contains the
Grapevine Plaza shopping center currently is located in the City of Southlake, but is
isolated from the rest of the City by Highway 114;and
WHEREAS, the geographic isolation of that tract from the rest of the City of
Southlake makes it more difficult and expensive for the City of Southlake to provide
municipal services to that area;and
WHEREAS, the current city limits of the respective cities bisect a building,
f resulting in confusion and create the possibility of delay in the providing of emergency
services;and
WHEREAS,the City of Southlake and the City of Grapevine now desire to enter
into an agreement to adjust their corporate bouxdary lines,whereby the City of Southlake
will rcicasc from its corporate limits that certain area described herein, and the City of
Grapevine will incorporate said land as part of its corporate limits; and
WHEREAS, the area subject to this boundary adjustment is less than 1,000 feet
in width;and
NOW,THEREFORE,BE IT ORDAINED AND MUTUALLY AGREED BY
THE CITY COUNCILS OF THE CITY OF GRAPEVINE AND THE CITY OF
SOUTHLAXE:
SECTION I.
AGREEMENT TO ADJUST COMMON BOUNDARY
Pursuant to Section 43.031 of the Texas Local Government Code, the City of
Grapevine and the City of Southlake hereby agree that the boundary between the cities
( will be adjusted as described herein, and depicted on Exhibit "A", which is attached
lid
in ill
hereto and incorporated herein for all purposes.
SECTION 2.
RELINQUISHMENT OF TRACT OF LAND BY SOUTHLAKE
AND ACCEPTANCE AND INCORPORATION OF LAND BY GRAPEVINE
In accordance with the terms of this Joint Ordinance and Boundary Agreement,
the City of Southlake hereby relinquishes approximately 18.22 acres described on
"Exhibit A"attached hereto and depicted on "Exhibit B" attached hereto, to the City of
Grapevine and discontinues such property as a part of the City of Southlake corporate
limits,and the City of Grapevine accepts said Tract into its corporate limits.
SECTION 3. ADDITIONAL PROVISIONS
In addition to the terms and provisions set forth above, the City of Southlake and City of
Grapevine agree as follows:
1. Grapevine agrees to purchase the remaining value of the 8-inch water line extending
eastward from a point located at the west right-of-way line of Austin Oaks Boulevard
located in the Austin Oaks Addition,Grapevine,Texas,an approximate distance of 2,500
L.R. to provide service to the Grapevine Plaza addition. The equity value remaining in
the aforementioned lines shall be$28,575.00 as agreed upon by the two cities.
2. Furthermore, it is understood that Grapevine will assume the full cost of connecting the
lines described in paragraph 1 to its water system and will assume full ownership and
maintenance of these lines for the benefit of its citizens.
3. Grapevine and Southlake will share the cost (50% - 50%) of installing an 8-inch gate
valve located at approximately the west right-of way line of Austin Oaks Boulevard to
provide each city with emergency access to the other city's water supply should it
become necessary under existing protocols.
4. The City of Southlake and City of Grapevine hereby agree to execute an Interlocal
Agreement under a separate document for the construction of Kimball Road between
Shady Lane and Dove Road.
5. Grapevine agrees to the connection between the two separate (closely aligned but not
abutting) roadways known in both cities as Nolen Drive at no cost to the City of
Grapevine. Grapevine will attempt to acquire the necessary right-of-way for this
connection within its City Limits at no cost. However,any costs that may be incurred for
this acquisition shall be reimbursed by Southlake to Grapevine;provided that Southlake
shall have the right to approve the purchase price prior to acquisition of the right-of-way.
f
ORD_ NCI- 2008-61 2
b&824?12� P ��1
6. The City of Southlake and City of Grapevine hereby agree to execute an Interlocal
Agreement under a separate document for the City of Grapevine providing sanitary sewer
service for the Simmons Service area in the City of Southlake.
7. Grapevine agrees to reimburse Southlake for all property(and sales)taxes for Southlake
properties, which have been misappropriated to the City of Grapevine since January 1,
1998. This amount shall be agreed upon by the respective cities' financial officers. The
location of the city limit boundary is determined by the attached map, Exhibit B. In
addition, a text description is attached as Exhibit A to this document. For clarification
purposes,the westbound SH 114 frontage roads shall lie within the city limit boundaries
of Grapevine upon execution of this document.
8. The provisions of paragraphs 1 through 7 of this Section 3 create binding obligations,
however,Grapevine and Southlake hereby agree that the performance of such obligations
is not a condition precedent to the boundary adjustment provided for in Sections 1 and 2
of this Joint Ordinance and Boundary Agreement and that such performance does not
affect the validity or enforceability of the boundary adjustment.
9. When either party is required to make a payment under the provisions of this Section 3,
that party shall make the payments from current revenues available to such party.
SECTION 4.
! PROVISIONS CUMULATIVE
i This ordinance shall be cumulative of all provisions of ordinances of the City of
Grapevine and the City of Southlake,except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 5.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Councils of the City of
Grapevine and the City of Southlake that the phrases,clauses, sentences,paragraphs and
sections of this ordinance are severable,and if any phrase, clause,sentence, paragraph or
section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction,such unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted without the incorporation in this ordinance of
any such unconstitutional phrase,clause,sentence,paragraph or section.
i
4
ORD. NO. 2008-61 3
1�20924?12� p. 3
SECTION 6.
AGREEMENT TO PROTECT
The City of Grapevine and the City of Southlake do hereby covenant and agree to
protect,preserve and defend the herein described boundary adjustment.
SECTION 7.
NO DIMINISHMENT OF RIGHTS TO CHALLENGE
The City of Southlakc and the City of Grapevine agree and ordain that the
adoption by both cities of this Joint Ordinance and Boundary Agreement, and the
boundary change resulting therefrom, do not mitigate,diminish or lessen in any way the
rights that either party may have, at law or in equity, to challenge or contest any other
annexations, attempted annexations or extraterritorial jurisdiction claims made by the
other party.
SECTION S.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City of Southlake and the City of Grapevine are
expressly saved as to any and all violations of the provisions of the cities' ordinances and
codes amended or revised herein,or any other ordinances affecting the matters regulated
herein which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
EFFECTIVE DATE
This Joint Ordinance and Boundary Agreement shall become effective and shall
become a binding agreement upon the City of Grapevine and the City of Soud lake by the
adoption of same in regular open city council meetings of the City of Grapevine and the
City of Southlake.
SECTION 10.
DUPLICATE ORIGINALS
This Joint Ordinance and Boundary Agreement, upon adoption by both cities,
shall be executed in duplicate originals by the Mayor of each city.
i
i
ORD. NO. 2008-61 4
11 Miss
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOLE ON THIS " DAY OF i�r=bM ,2008.
THE ONORAB ANDY WAMBSGANSS, MAYOR
ATTEST: r�r0�� NI
J
LORI PAYNE,crq SECRETARY N,..
��+.eau*••'•�•
EFFECTIVE DA (2
AP RO AS TO ORM AND LEGALITY:
TIM G. SRALLA,C ATTORNEY
State of Texas
County of Tarrant
Before me, Tara A. Brooks, Notary Public on this day personally appeared Andy
Wambsganss, Lori Payne and Tim G. Sralla known to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that
they executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 2nd day of December, 2008.
Notary Public
my Commission Expires: 10/08/2010 ��DRap
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ORD. NO. 2008$1 5
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4
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE ON THIS 18th DAY OF November _,2008.
THE HONORABLE WILLIAM D.TATE,MAYOR ti
ATTEST:
LINDA HUFF,C CRETARY
EFFECTIVE DATE: November 18, 2008
APPROVED AS TO FORM AND LEGALITY:
JOHN F.BOYLE,JR., Y ATTORNEY
State of Texas
County of Tarrant
iiefore me, Anne Baker, Notary Public on this day personally appeared William D.
Tate, Linda Huff and John F. Boyle, Jr. known to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that
they executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 18th day of November, 2008.
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of y Public
My Commission Expires: 01/1412012
AM MW
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ORD. NO. 2Qt)8
-61 6
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Southlake-Grapevine Boundary Adjustment
Southlake Disaanexation Tract
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Situated in the County of Tarrant,State of Texas,being a tract of hand out of the Thomas
Easter Survey,Abstract No.458,the Thomas Easter Survey,Abstract No.474 and the
Ambroser Foster Survey,Abstract No.518,graphically represented by Exhibit`A'herein
and being more particularly described as follows:
BEGINNING at a point being the most easterly northeast comer of that certain tract of
land establishing the initial incorporation of the Town of Soutblake on September 25,
1956(hereinafter the"Incorporation Tract',said point being in the east line of the T.
Easter Survey,Abstract No.458,and currently within the ROW of Park Blvd
approximately 500 feet north of Northwest Highway;
THENCE south along the east line of said T. Easter Survey,continuing to a point being
the northeast comer of a tract disannexed by the City of Southlake by Ordinance No. 168
approved on the 21"day of October, 1969 and recorded in V.4815,P. 837,DRTCT and
being in the south ROW of Northwest Highway;
THENCE continuing along the north and westerly boundaries of said tract,also being the
south ROW line of Northwest Highway and the north ROW line of S.11. 114;
THENCE continuing in a southeasterly direction along the north ROW of S.H. 114
across the park BoulevardfWaU Street Intersection along a 0.63 acre tract of land also
disannexed by the City of Southlake by Ordinance No. 168 approved on the 21"day of
October, 1969 and recorded in V.4815,P.837,DRTCT;
THENCE continuing,in a southeasterly direction along the north ROW of S.H. 114 to a
point for the most easterly southeast corner of the City Limits of Southlake,point also
being in the west line of Lot 2,Block 1,of the Baylor Medical Surgery Center Addition,
an Addition to the City of Grapevine recorded in Cabinet A,Slide 6734,PRTCT;
THENCE westerly along the common city limit line continuing across the west-bound
frontage road of S_H_ 114 and across the west-bound off-ramp to a point being a
perpendicular distance of 1.0 feet from the most westerly back of curb of said off-ramp;
THENCE continuing in a northwesterly direction along and a perpendicular distance of
1.0 feet from the back of the southerly curb of said off amp to a point a perpendicular
distance of 1.0 feet from the back of curb of the west-bound frontage road of S.H. 114;
THENCE continuing in a northwesterly direction along and a perpendicular distance of
1.0 feet from the back of the most southerly curb of said west-bound frontage road of
S.H. 114,crossing Wall Street,crossing Northwest Highway,crossing the Kimball Road
off-ramp,and continuing to a point in the west line of the T.Easter Survey,Abstract No.
458;
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Exhibit A EXHIBIT...TO D1-ViE�Pa ge
THENCE northerly across the west bound frontage road,along the common north-south
city limit line between the City of Southlake and the City of Grapevine,and being the
west line of said T.Easter Survey to a point being the southwest comer of Lot 1,Block 2,
of the Austin Oaks Addition,an Addition to the City of Grapevine recorded in Cabinet A,
Slide 408,PRTCT;
THENCE easterly along a common east-west city limit line between the City of
Southlake and the City of Grapevine and the south line of said Austin Oaks Addition to a
point in the south line of Lot 6,Block 1,of the Austin Oaks Addition;
THENCE in a southwesterly direction along a common north-south city limit line
between the City of Southlake and the City of Grapevine to a point in the north line of the
Incorporation Tract;
THENCE in an easterly direction along the North line of the Incorporation Tract to the
POINT OF BEGINNING.
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CITY OF GRAPEVINE
MY SECRETARY `* t ►
PO BOX 95104 �i4
GRAPEVINE TX 76099
SubmMer: CITY OF GRAPEVINEIPUBLIC WORKS
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WESTNVEATHERFORD
FORT WORTH,TX 76196.-0401
DO NOT DESTROY
WARNING THIS IS.PART OFTTHE OFFICIAL RECORD.
F lion: 0811 02:1 PM
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10 PGS $48.00
By:
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ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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OFFICI � a CORD
UTILITY CERTIFICATION AND SERVICE AGREEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This Agreement is made and entered into by and between
Southlake Park Services, Inc. , a corporation organized pursuant to
and existing under the laws of the State of Texas (hereinafter
referred to as "Corporation") and the City of Southlake, Texas, a
homerule municipal corporation, operating pursuant to the laws of
the State of Texas and located in Tarrant County, Texas
(hereinafter referred to as "City") .
WHEREAS, the City of Southlake is a general purpose unit of
government existing pursuant to the laws of the State of Texas and
located principally in Tarrant County, Texas; and
WHEREAS, in performing its responsibilities and providing
services as a general purpose unit of government the City of
Southlake provides public water and waste water utility service to
certain areas lying within its corporate boundaries; and
WHEREAS, the City of Southlake currently has a Certificate of
Convenience and Necessity issued by the Texas Water Commission
under which it is authorized to provide water utility service to
areas lying within its corporate limits; and
WHEREAS, Southlake Park Services, Inc. , is a corporation
existing pursuant to the laws of the State of Texas whose purpose
is to provide water utility services to a specific geographic area
which lies within the boundaries of the City of Southlake; and
WHEREAS, Southlake Park Services, Inc. has provided public
water service to this same identified area for approximately
I VON
11 51 11 NMI �i
- 1 -
thirty-three (33) years; and
WHEREAS, Southlake Park Services, Inc_ , has provided water
utility service within this area pursuant to rights it acquired as
an existing water utility service provider under various provisions
of the Texas Water Code and the administrative rules and
regulations relating to the enforcement of such code which provide
that Southlake Park Services has been entitled under the laws of
the State of Texas to deliver water service to this area without
the issuance of a Certificate of Convenience and Necessity during
its past operations; and
WHEREAS, Southlake Park Services, Inc. , has recently been
advised by the Texas Water Commission that it should request a
Certificate of Convenience and Necessity to comply with certain
changes in the administrative regulations relating to water
commission operations; and
WHEREAS, the City of Southlake and Southlake Park Services,
Inc. , jointly agree that the application for and issuance of the
Certificate of Convenience and Necessity to Southlake Park Services
is nothing more than a ratification of its existing status as a
legitimate utility service provider within the geographic area that
it now serves; and
WHEREAS, during the period that Southlake Park Services, Inc.
has been providing public water service to this area, it has
operated in full compliance with the rules and regulations of the
Texas Water Commission and the Texas Department of Health and has
consistently demonstrated its capability to provide adequate
supplies of safe potable water to the area which it serves; and
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WHEREAS, Southlake Park Services, Inc. has no desire to extend
its service area or alter the character of service that it
presently provides to its current service area; and
WHEREAS, Southlake Park Services, Inc. , pursuant to amendments
in the Texas Water Code, effective September 1, 1990, has sought
the issuance of a Certificate of Convenience and Necessity
certifying it to provide water utility service to the same area for
which it has been providing service for the last thirty-three (33)
years; and
WHEREAS, Southlake Park Services, Inc. , has demonstrated to
the Water Commission and the City Council of the City of Southlake
that it has the desire and capability to continue to provide
adequate, high quality service to this area into the future; and
WHEREAS, the City of Southlake has no desire to expend funds
to duplicate lines and service now provided by Southlake Park
Services, Inc. for this same geographic area;
NOW, THEREFORE, the Corporation and the City for the mutual
consideration herein stated agree as follows:
1. The effective date of this Agreement will be
1991.
2. The Corporation hereby agrees to continue to provide
water service to the area for which it is now providing service and
to ensure that the water service provided continues to be of
adequate supply and quality to meet the public health needs of its
identified service area as defined by the Texas Water Code.
3. The Corporation agrees that in the event it should ever
decide to discontinue service to the area in question or to reduce
- 3 -
Jill J11 is 1
service to the area in question it will advise the City at least
ninety (90) days in advance of such termination or reduction of
service in order to permit the City to undertake arrangements
necessary to extend service into the area. This provision is not
intended to apply to an emergency based service reduction due to
unanticipated damage, breakage or other interruption of service
which is clearly temporary in nature and provided for under the
terms of the Texas Water Code, including but not limited to
reduction in services to customers for non-payment of services for
water delivered.
4. The City hereby agrees to support the application for a
Certificate of Convenience and Necessity to provide public water
service now pending before the Texas Water Commission in the name
of Southlake Park Services, Inc. The support of this application
shall be for the area now served by Southlake Park Services, Inc.
and shall not include any expansions of the current service area.
5. The City will continue to possess a Certificate of
Convenience and Necessity to service all areas within its corporate
limits. The City will retain certificated status to ensure its
ability to provide service without the need for further
administrative action by the City in the event that Southlake Park
Services, Inc. should choose to discontinue service to the area in
question.
6. The City agrees that it will not seek to disrupt water
utility service provided by the Corporation or attempt to erode the
Corporation's service base. The City will not seek to acquire
water utility customers within the Corporation service area. It
4 -
is the agreement and intent of the parties that Southlake Park
Services continue to provide water utility service in this area on
a continuing basis without the City being required or expected to
lay duplicate lines and service facilities within that area.
7. The City and the Corporation have agreed to continue to
operate under the Texas Water Code with dual certification of the
area to be served by the corporation under this agreement. If
either party decides to seek decertification of the other service
area, or if the City decides to provide service to the
Corporation's service area, the City and the Corporation agree to
attempt to negotiate, in good faith, a mutually satisfactory
agreement. Such negotiations will be conducted for a period of not
less than 120 days. Only upon failure to reach a mutual agreement
may the parties file formal motions with the Texas Water Commission
to determine the appropriate service provider for the service area
in question. The City will never seek to terminate, reduce or
interfere with water utility service provided by the Corporation
save and except through proper hearing before the Texas Water
Commission subsequent to participating in the negotiations set out
above.
The parties to this Agreement recognize that the corporation
has expended and will continue to expend significant sums of money
in developing and upgrading the water utility service
infrastructure now providing service to the Southlake Parks
Subdivision. It is the intent of the parties to allow the
Corporation to continue to be the sole water service provider for
its current service area for a sufficient period of time to allow
5 -
the Corporation to recover and amortize the cost of its
infrastructure investment. The parties have agreed that if the
City of Southlake should seek to involuntarily decertify the
Corporation as a water service provider for this area within
twenty-five (25) years from the date of this Agreement, the City
of Southlake will purchase the entire water utility system owned
and operated by the Corporation at fair market value at the time
that decertification occurs. The City will pay the fair market
value of the complete system whether or not it utilizes all or any
portion of the system. It has been agreed by the parties that the
fair market value of the water utility system will be determined
by a panel of three arbitrators. The City will select one
arbitrator, the Corporation will select a second arbitrator and the
two arbitrators will select the third member of the arbitration
panel. The arbitration panel shall be free to undertake an
investigation and to conduct such hearings as they deem appropriate
to establish a fair market value at the actual time that
decertification occurs.
In the event that the City should seek decertification of the
Corporation with the consent of the Corporation or under a
directive from the federal or state government, it shall compensate
the Corporation for the taking in accord with the provisions of
state and/or federal law or as may otherwise be agreed.
8. The City agrees to provide a connection point from the
City's water system to some portion of the Corporation system to
allow emergency flows to be diverted to the Corporation's service
area in the event of unanticipated disruption of the service
6 -
i
I
provided by the Corporation or to meet emergency fire flow
requirements. The point of connection will be at the location
identified on the map attached as Exhibit "A" and incorporated
herein for all purposes. The City of Southlake agrees to pay the
entire cost of extending a six inch line to the point of connection
with the Southlake Park Services system. The City will pay for and
install the appropriate valves and meter necessary to complete the
connection and to allow the metering of water delivered through the
city's system into the Corporation's system.
9. All water delivered from the City's system to the
Corporation's system will be required to pass through the master
meter located at the point of connection of the City system to the
Corporation system. The Corporation will be billed for water
consumed or used for routine domestic purposes at the lowest rate
available to residential and commercial water customers within the
City. The Corporation will not be billed a monthly service charge
for the mere existence of the connection, but shall only be
required to pay for water delivered through the meter at the lowest
rate available. The Corporation will not be required to pay for
water delivered through the system for fire suppression purposes
in the event of a fire emergency. The City of Southlake agrees to
use its best efforts to identify clearly and accurately the amount
of water that is used in any fire suppression emergency so that it
may be deducted from meter usage at the end of any routine billing
period. The City agrees that it will bill the Corporation on a
monthly basis for water used as reflected by the master meter.
The billing statement will be directed to the address of
7 -
MINI
Southlake Park Services, Inc. In the event that Southlake Park
Services, Inc. should have any questions concerning the
appropriateness of any item invoiced for payment, it will advise
the City Manager of the City of Southlake of the nature of the
disagreement within a reasonable period of time so efforts may be
undertaken to identify the facts surrounding any item in dispute
in a timely manner.
10. The City of Southlake hereby agrees that the Corporation
may install its water lines within the public rights-of-way and
easements that lie within the Southlake Parks Subdivision to the
City of Southlake. The City agrees to facilitate the use of these
rights-of-way and will use its best efforts to ensure there are no
delays in permitting, inspection, staking or any other support
activities necessary to allow the corporation to make timely use
of these easements. The City hereby waives any requirement for the
payment of franchise or any other fees for the use of these
easements by the Corporation. The City agrees that it will not
charge the Corporation any permit, inspection, or other fees for
water utility work done within the boundaries of the Southlake Park
Service area by the Corporation. The Corporation agrees that it
will coordinate with the City for the use of the City rights-of-
way and easement to ensure that a minimum disruption of existing
utility and roadway system occurs when water system improvements
are made. The Corporation further agrees that it will restore any
areas excavated to approximately the condition at which they
existed prior to the inception of construction work in installing
or maintaining utility systems. The agreement to return to
- 8 -
approximate original condition extends to easement areas and public
roadways and road surfaces.
11. The City and Southlake Park Services agree that the
master meter connecting the City water utility system to the
Corporation system will be located in a public right-of-way or
easement for purpose of reasonable access by all interested
parties. The meter will be placed within a vault or box which is
to be locked to prevent unauthorized usage. Keys which provide
access to the meter and/or valve arrangement that permits City
water to flow into the Corporation system will be in the possession
of designated officers of the Corporation and of designated City
representatives to allow timely activation of the emergency system
when its use should be deemed necessary.
12. The Corporation hereby agrees that it will develop a
timetable for upgrading its internal system to permit the extension
of a six inch (or larger) water line from the point where the
City's emergency connection exists to a fire hydrant location now
existing within the interior of the Southlake Park Subdivision.
The purpose of this improvement is to assure fire flow capability
for emergency fire response within the subdivision. The
Corporation agrees to connect the existing fire hydrant within the
Southlake Park subdivision to the existing Southlake Park Services
water delivery system within thirty days following the City's
completion of its emergency connection described above.
13. The City agrees that it will have completed the extension
of the line and the installation of the appropriate meter and valve
establishing connection to the Corporation's existing water utility
- 9 -
system on or before November 1, 1991.
14. The City designates its City Manager, while the
Corporation designates its President or such other representative
as it may identify in writing, as the respective representatives
of each body authorized to coordinate activities between the two
entities and to transmit and receive all correspondence necessary
to implement this Agreement.
15. This Agreement and any of its terms and provisions, as
well as the rights and duties of the parties hereto, shall be
governed by the laws of the State of Texas and the regulations of
the Texas Water Commission. In the event that any cause of action
is filed by either party arising out of the terms of this
Agreement, venue for said lawsuit shall be in Tarrant County,
Texas.
16. The parties to this Agreement mutually agree that in the
event a breach or default of this Agreement is alleged to occur and
one of the parties initiates litigation or administrative hearing
to enforce the Agreement or recover damages, the prevailing party
shall be entitled to recover reasonable and necessary attorney fees
and costs of Court incurred in the litigation or administrative
hearing.
17. In the event that any portion of this Agreement shall be
contrary to law, it is the intent of the parties hereto that the
remaining portion shall be remain valid and in full force and
effect to the extent legally permissible.
18. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary
10 -
authority to execute this agreement on behalf of parties hereto and
each party hereto certifies to the other that any other necessary
resolutions or orders extending said authority have been duly
passed and are now in full force and effect.
Executed in duplicate originals this the /l0
day of
1991.
CITY OF SOUMLAKE
By
ATTEST: Mayor
I
ity Secretary
SOUTHLAKE PARK SERVICES, INC
Pres dent, Board of Directors
ATTEST:
dLa�_ ev
C
Corporate Secretary
- 11 -
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CsavAN E.ADKM ATTORNEYS SUSAN E.HUTC=W
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DANIEL R.BALUnT# FORT WORTH,T XAS 76116 W IL O[,S ON
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"BOARD AT
*BOARD CIl7114ED PELSONAL OUURY TRIAL LAW— TEXAS BO ARD OF LEGAL SPECIALIZATION
IEXM BOARD OF LBOAL SPOCIALMATION
aM TRIAL SPECIALIST—
NATIONAL BOARD OF TMAL ADVOCACY
December 16, 1991 D Q
DEC IT 1991
D
Mr. Curtis Hawk
City of Southlake OFFICE OF CITY
667 N. Carroll Avenue MANAGER
Southlake, Texas 76092
Re: Final Water Commission Action on Southlake Park
Services Certificate of Convenience and Necessity
Dear Curtis:
I have enclosed for your information and files a copy of the
final order of the Texas Water Commission relating to the issuance
of a Certificate of Convenience and Necessity for Southlake Parks
Services. As you can tell from the enclosed correspondence, the
Water Commission did exactly what we anticipated and simply rubber-
stamped the agreement which was presented to the Hearing's
Examiner, Clay Harris.
The order from the Water Commission is relatively brief, but
it adopts our settlement agreement by reference and instructs and
orders all parties to implement the agreement as rapidly as
possible.
We are still awaiting the order from Victor Boswell, but to
my knowledge no hearing has been set for final resolution of that
matter. I have also heard nothing further as to the West Beach
permit hearing, but will advise you immediately upon receipt of any
correspondence relating to that issue.
If I may provide you with any additional information or
assistance, please feel free to contact me.
Sincerely,
3 Tz�
E. Allen Taylor, Jr.
EAT/ds
Enclosure
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THE BTATS OF TI NM
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TEXAS WATER CONNSSSIMs water Commudw doeummk
dw origin:1 cf which is 6W in the Permmwmt
Neeids of the CommisdaiL
Given under my hand and the Mal of office on
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7 ■ Nobw a mobaba
AN ORDER issuing Certificate of Convenience
and Necessity No. 12556 to
Southlake Park Services, Inc. ;
Docket No. 8930-C
On October 23, 1991, the Texas Water Commission (Commission)
considered the application of Southlake Park Services, Inc.
(Southlake) pursuant to Chapter 13 of the Texas Water Code. The
application was presented to the Texas Water Commission by William
Clay Harris, Attorney, a Commission Hearings Examiner, who
conducted a public hearing concerning the application on April 18
and July 31, 1991, in Austin, Texas, after appropriate notice was
given.
The following were designated as parties to the proceeding:
the applicant, Southlake Park Services, Inc. ; the Executive Direc-
tor of the Commission; the Public Interest Counsel of the
Commission; and the City of Southlake, protesting the application.
After considering the Hearings Examiner' s Memorandum and the
evidence and arguments presented, the Texas Water Commission makes
the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. Southlake Park Services, Inc. mailed notice of an application
for a water certificate of convenience and necessity (CCN) to
customers and other affected parties by first class mail on
January 12, 1991, in accordance with 31 TAC 5291.107.
b. Mailed notice of the hearing on the application for a CCN
was provided to all interested persons and potential
parties filing complaints regarding the application, and
to statutory parties to the proceeding.
7 . A public hearing on the CCN application was held on April 18
and July 31, 1991, in Austin, Texas. At the July 31 hearing
session, the parties announced that they had reached an
agreement on all issues in controversy.
8. The following terms of the parties' agreement are relevant to
the provision of service by Southlake Park Services, Inc. and
the City of Southlake to the requested area under CCN
Nos. 12556 and 10101, respectively:
a. Effective July 16 , 1951, zhe applicant, Southlake Park
Services, Inc. , will receive dual certification, under
CCN No. 12556, with the City of Southlake (CCN No. 10101)
provide service to the areas requested under the
current application only.
b. The City of Southlake and Southlake Park Services, Inc. ,
have further agreed among themselves to certain terms and
conditions, as set forth in their agreement of record,
marked as Exhibit No. 5 in the record.
C. The City of Southlake' s current service area under CCN
No. 10101 will not be decertified.
9 . The agreed terms of service are applicable to all water
service rendered on or after July 16, 1991.
3
3 . The Chief Clerk of the Texas Water Commission shall forward a
copy of this Order to all parties.
4 . If any provision, sentence, clause, or phrase of this Order is
for any reason held to be invalid, the invalidity of any
portion shall not affect the validity of the remaining
portions of the Order.
Issue Date: OCT 3 1 19Bf
TEXAS WATER COMMISSION
Joh Hall, Chairihan
ATTEST:
Gloria A. Vasquez, Cj ief Glerk
:a
5
TEXAS WATER COMMISSION
CERTIFICATE OF CONVENIENCE AND NECESSITY
To Provide Water Service Under V.T.C.A. , Water Code
and Texas Water Commission Substantive Rules
Certificate No. 12556
I. Certificate Holder:
Name: Southlake Park Services Inc.
Address: 3400 Southlake Park Road
Southlake, Texas 76092
II. General Description and Location of Service Area:
The area covered by this certificate is located approximately 17
miles northeast of downtown Fort Worth generally bounded on the
north by Lake Grapevine, on the south by Woodland Drive and Briar
Lane, on the east by the Corps of Engineers Grapevine Lake
Property and on the west by Hilltop Road, in Denton County and
Tarrant County.
III. Certificate Maps:
The certificate holder is authorized to provide water service in
the area identified on the Commission's official water service
area maps, WRS-61 and WRS-220, maintained in the offices of the
Texas Water Commission, 1700 North Congress, Austin, Texas with
all attendant privileges and obligations.
This certificate is issued under Application No. 8930-C and subject to
the rules and orders of the Commission, the laws of the State of Texas,
conditions contained herein and may be revoked for violations thereof.
The certificate is valid until amended or revoked by the Commission.
Issued Date:
ATTEST:
For the Commission
t
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171 at Water Line
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ills
Southlake Park Addition
(F r Em rgency Omly�)
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DISCLAIMER
Legend This data has been oomi for the
Crty of Southlake Vanous official
and unoffioal sources were used to
z Valves gather this info m accuracy of
Every effort
0 20 40 80 was made to ensure the a of
this data however.no guarantee is
Feet N given or implied as to the accuracy
of said data
..4
M&C Review
Page
Official site of the city of Fort worth,Tex
CIW COUNCIL AGENDA FORTWORTt
COUNCIL ACTION: Approved on 10/12/2010
DATE: 10/12/2010 REFERENCE 60WHOLESALE WATER
NO.: C-24541 LOG NAME:
CODE: C TYPE: NOW PUBLIC AGREEMENT
CONSENT HEARING: NO
SUBJECT: Authorize the Execution of a Standard Wholesale Water Agreement with Various
Municipalities/Authorized Entities
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Standard Wholesale
Water Agreement with various municipalities/authorized entities to sell them treated water.
DISC
The Fort Worth Water Department has agreements with 29 municipalities/entities to sell them treated
water. Those agreements expire on December 31, 2010.
The department selected R W Beck and a team of local experts and legal counsel to review the
current contract, to update it as needed, to assess needs and opinions of the wholesale customers
and to assist in negotiations and approvals of a new agreement. During the study, staff briefed the
Infrastructure and Transportation Committee on the process in December 2009 and June 2010.
While the new agreement remains mostly the same as the expiring one, the following significant
changes are included in the new agreement:
" Revises the Standby Charge for"emergency-only" customers to more accurately capture the
cost of reserving capacity
" Enhances water system operation and emergency g y preparedness requirements
Clarifies Fort Worth's Ownership of Return Flows
" Raises Street Rental from four percent to five percent to match Fort Worth Retail customer
charge
Adds a Payment in Lieu of Taxes (PILOT) cost component to System Charge
The new agreement begins on January 1, 2011 and expires on September 30, 2031. The following
municipalities/entities have approved the new agreement:
Aled° pHaslet ie
Bethesda Water Supply Oaks
PP Y Corp.rp.
Burleson
Crowley Hurst Sansom
Dalworthington Gardens Park"
Keller
Dallas-Fort Worth Airport Kennedale Trophy
Club MUD
http://apps.c fwnet.org/council_packet/mc_revi ew.asp?I D=13 968&c ounc i Idate=l 0/12/2010
10/22/2010
j M&C Review
Page 2 of
No. 1
Ed ecli7Village g Lake Worth Westlake Everma Northlake Westover Hills Forest H North Richland Westworth
Hills Village
Richland Hills White
Settlement
'These customers are for emergency standby service.
Benbrook Water Authority has determined that it does not need emergency standby services.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Water Department is responsible for
the collection and deposit of funds due to the City.
TO Fund/AccounVCenters FROM Fund/Account/Centers
PE45 493122 0601000 $0.0o
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Skipper Shook (8402)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13968&councildate=10/12/2010 10/22/2010
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