HomeMy WebLinkAboutContract 18754 CITY SECRUARY
WHOLESALE WASTEWATER CONTRACT
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract made and e n t e r e d i n t-o t h i s , t.h e day
of October J.991 , by and between the City of Fort Worth, Texas , a
municipal corporation, acting herein by and through its City
Manager, David A. Ivory, who is duly authorized so to act ,
hereinafter referred to as "Fort Worth, " and the Town of Westover
Hills , Texas , a municipal corporation, acting herein by and through
its Mayor, Sam Berry, who is duly authorized so to act , hereinafter
referred to as "Customer . "
WHEREAS, the public health, welfare and safety of the
residents of Fort Worth and Customer require the development of
adequate systems of sewage collection and disposal , the elimination
of water pollution and the preservation of the water resources of
the area; and
WHEREAS, Fort Worth is required to comply with standards and
treatment methods for wastewater as set forth in federal , state
and local laws and regulations and permits; and
WHEREAS, Fort Worth and Customer have an interest in
maintaining and restoring the chemical , physical and biological
integrity of waters and water resources and insuring the reduction
of pollution in said waters and water resources , and planning the
use, development , restoration, preservation and enhancement of said
water's and water resources; and ...
WHEREAS, Fort Worth and Customer have prevjiu8l entered into
a contract , being known as Fort Worth City Secret'ary Contract No.
3525 , dated July 7 , 1956 and No . 4879, dated October in 1963 ,
together with any and all amendments thereto dated November 4 ,
1983 , said contract and amendments , if any , providing for
wastewater treatment services ; and
WHEREAS , Customer desires to continue to contract for
wastewater treatment service and Fort Worth desires to continue to
provide wastewater treatment service to Customer ; and
WHEREAS, Article 4413 (32c) (the Interlocal Cooperation Act)
and Article §3 of the Revised Civil Statutes of Texas ,
authorizes Fort Worth and Customer to enter into this agreement ;
NOW, THEREFORE, Fort Worth and Customer, in consideration of
the terms , covenants and conditions herein contained, hereby agree
as follows :
1 .
When used in this contract , these terms shall be defined as
follows :
1 . 1 Act or "the Act" - The Federal Water Pollution Control
Act , also known as the Clean Water Act ( "CWA") , as amended (33
U. S. C. 1251 , et seg . ) .
1 . 2 Biochemical Oxygen Demand (BOD) - The quantity of oxygen
utilized in the biochemical oxidation of organic matter specified
by procedure in Standard Methods , and results expressed in terms
of weight and concentration (milligrams per liter (mg/1) ) .
1 . 3 Calibration - Verification of primary measuring device
and secondary instrumentation accuracy utilizing . standardipoimary
2
. .........
device procedures and calibration signals and/or. a separate flow
measurement instrument .
1 . 4 Customer System - The facilities of Customer used for
pretreatment , collection and transportation of wastewater to the
point of entry.
1 . 5 Delivery facilities - All facilities necessary for the
transmission of wastewater to the Fort Worth System that are on the
Customer ' s side of the point of entry that are constructed
specifically to allow Fort Worth to serve Customer .
1 . 6 Director - The Fort Worth Water Department Director or
his designee .
1, . 7 Domestic accounts - Single-family, and residential duplex
dwellings served by one meter. This definition is used only in the
context of determining billing on a per-connection basis .
1 . 8 Fort Worth Expense - Expenses incurred by Fort Worth
related to the wastewater utility , such expenses to be allocated
as a System Cost if so determined in future cost •of-service
studies .
1 . 9 Fort Worth System - Fort Worth's wastewater collection
and treatment system.
1 . 10 General Benefit capital facilities - Wastewater
facilities that provide utility services and benefits common to
all customers; this includes wastewater treatment facilities ,
metering and sampling facilities , control systems and appurtenan--
ces , and all major collectors and interceptors that are eighteen
inches (18") and greater in diameter.
i low
3 MTV
tow
1 . 11 Indirect Discharge - The discharge or the introduction
of industrial wastes from any source regulated under Section 307 (b)
or (c) of the Act , (33 U. S .C. 131.7 ) , into the Fort Worth System
(including holding tank waste discharged into the system) .
1 . 12 Industrial User - A source of indirect discharge which
does not constitute a "discharge of pollutants" under regulations
issued pursuant -to Section 402 , of the Act , (33 U . S.C. 1342) .
1 . 13 Industrial wastes - All water-borne solids , liquids or
gaseous substances resulting from industrial , manuf acturing or food
processing operations , or from the development of a natural
resource, or any mixture of these with water or domestic sewage .
1 . 14 Infiltration -- Water that has migrated from the ground
into the wastewater system.
1 . 15 Inflow -- Water other than wastewater that enters a
sewerage system (including sewer service connections) from sources
such as , but riot limited to, roof leaders , cellar drains , yard
drains , area drains , drains from springs and swampy areas , manhole
covers , cross connections between storm sewers and sanitary catch
basins , cooling towers , storm waters , surface runoff , street wash
waters or drainage. Inflow does not include, and is distinguished
from, infiltration water .
1 . 16 Liquid Waste The water-borne solids , liquids , and
gaseous substances derived from certain sources including, but not
limited to, grease -trap, septic tank, chemical -toilet waste and
sand trap waste .
1 . 17 Metering and sampling facility - The meter, meter vault ,
and all metering and telemetry equipment required to measure arid/or
sample wastewater flows of the Customer at point of entry or other
such locations , as may be mutually agreed upon in writing .
1 . 18 Non-domestic account - Commercial , industrial , multi-
family or other accounts that are not considered domestic accounts .
This definition is used only in the context of determining billing
on a per-connection basis .
1 . 1.9 Non-metered area - Areas within the Customer 's corporate
or certificated boundaries that generate wastewater that do not
drain into a part of the Customer System for which wastewater flow
is measured by an approved metering and sampling facility .
1 . 20 Poin-1, of entry - The metering facility or , where no
metering facility is utilized, the point of connection to the Fort
Worth System, unless otherwise mutually agreed upon in writing.
1 . 21 retreati►ent - The reduction of the amount of pollutants ,
the elimination of pollutants , or the alteration of the nature of
pollutant properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such
pollutants into a Publicly Owned Treatment Works . The reduction
or alteration can be obtained by physical , chemical or biological
processes , or process changes by other means , except as prohibited
by 40 CFR Section 403 . 6(d) .
1 . 22 Pretreatment requirements -- Pollutant concentration
discharge limitation and reporting requirements stipulated in Fort
Worth Ordinance No . 8895 and lf I ahy,Q�;,,, nt
endmes thereto, and the
a
Customer 's Code, as hereinafter amended, and Federal Pretreatment
Standards promulgated by the U. S . Environmental Protection Agency .
1 . 23 Significant industrial user - Any industry which
discharges industrial wastes directly or indirectly into the Fort
Worth System or Customer System that :
discharges 25 ,000 gallons per day or more of
industrial wastes;
is subject to the National Pretreatment Standards :
Categorical Standards of the U. S. Environmental
Protection Agency; or,
has a reasonable potential , in the opinion of the
Director, to adversely affect the Fort Worth System
due to discharge of wastewater with abnormally high
strength or limited and/or prohibited substances .
1 . 24 Standard methods - Those testing or analysis procedures
as prescribed in the then current edition of "Standard Methods for
Examination of Water and Wastewater, " published by the American
Public Health Association and/or the U. S . Environmental Protection
Agency Manual of Methodologies for the Examination of Water and
Wastewaters , or as will otherwise comply with procedures specified
in state and federal discharge permits held by Fort Worth.
1 . 25 System cost - Operating expenses and capital related
costs incurred by Fort Worth pursuant to the provision of
wastewater collection and treatment service to the wholesale class
of sewer customers . Such costs are to be collected by Fort Worth
6
as a component of the annual cost of providing wholesale wastewater
service .
1 . 26 Wholesale System Access Fee - A capital contribution
funding or recouping the costs of General Benefit Facilities
capital improvements or General Benefit Facilities facility
expansions necessitated by and attributable to new development .
1 . 27 Total Suspended Solids (TSS) - Solids , measured in mg/1 ,
that either float on the surface of , or are in suspension in,
water, wastewater or other liquids, and which are largely removable
by a laboratory filtration device. Also referred to as Total
Non-Filterable Residue .
1 . 28 Wastewater - All liquid or water-carried waste products
from whatever source derived, together with such ground water
infiltration and surface water inflow as may be present , whether
treated or untreated, which is discharged into or permitted to
enter into the Fort Worth System. The words "wastewater" and
it sewage" are interchangeable.
1 . 29 Capital improvements means any of the following
facilities which provide utility services and benefits common to
all customers and that have a life expectancy of three or more
years , whether such capital improvements are located within the
jurisdictional limits of Fort Worth or Customer: wastewater
treatment facilities , metering and sampling facilities , control
systems and appurtenances, and all major collectors and intercep-
tors that are eighteen inches (18") and greater in diameter and
lift stations , if any, associated therewith.
7
1 . 30 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 .
2 . Connection to the Fort Worth System
2 . 1 Fort Worth hereby grants to Customer, upon compliance
with the terms and conditions contained herein, permission to
connect its System to the Fort Worth System.
2 . 2 Fort Worth agrees to accept all wastewater from Customer
at the point(s ) of entry as designated on Exhibit "A" , attached
hereto and incorporated herein, and at such additional points as
may later be mutually agreed upon in writing signed by both parties
hereto.
2 . 3 The cost of all delivery facilities necessary to convey
wastewater to the designated points of entry, whether shown on
Exhibit "A" or mutually agreed upon at a later date, together with
the cost of connection of the Customer System to the Fort Worth
System, with the exception of metering and sampling facilities ,
shall be borne by Customer . In the event Fort Worth requests
Customer to increase the size of any such delivery facility, the
difference in the cost of the delivery facility as designed by
Customer and the cost of the delivery facility as requested by Fort
Worth shall be at Fort Worth' s expense and may be allocated as a
system cost if so determined in future cost-of-service studies .
8
2 . 4 Unless mutually agreed to in writing by Fort Worth and
Customer, Customer shall be responsible for the design, contract-
ing, construction and financing of delivery facilities and
acquisition of any necessary rights-of-way and easements to and
from such facilities . All designs , materials and specifications
shall conform to Fort Worth' s requirements as a minimum. Plans and
specifications for any delivery facility which actually connects
to the Fort Worth System shall be submitted to the Director for
written approval . Such approval shall not be unreasonably withheld.
No construction shall begin until such approval has been given.
Customer agrees that Fort Worth has the right to make periodic
inspections during the construction phase of the delivery
facilities . Final acceptance of such facility from the point of
connection up to and including the metering and sampling facility
is subject to the inspection and written approval of the Director.
2 . 5 After the date of this contract , Customer agrees not to
provide service to or contract or subcontract with any new customer
whose need for wastewater service would exceed 500 ,000 gallons per
day without written notice to the Director.
3 . Maintenance of Customer System
Customer agrees to maintain its system in good condition and
to make repairs in a timely manner. Fort Worth shall not have any
responsibility or liability now or ever for the operation of the
Customer System, except as agreed to in writing by the parties
hereto.
9
4. Maintenance of Fort Worth System
Fort Worth agrees to maintain its system in good condition
and to make repairs in a timely manner . Customer shall not have
any responsibility or liability now or ever for the operation of
the Fort Worth System, except as otherwise provided herein.
5 . Metering and Sampling Facilities
5 . 1 Beginning on the effective date of this contract , Fort
Worth shall have the exclusive right to use, operate, and maintain
Customer metering and sampling facilities and Fort Worth shall
become solely responsible for the operational and maintenance
responsibilities associated with these facilities . Customer will
continuously provide a route of ingress and egress to said metering
and sampling facilities for Fort Worth. Fort Worth shall have the
discretion to construct improvements , expansions , and replacements
to said facilities as a system cost and at the timing of Fort
Worth' s needs subject to the review by Customer of all proposed
construction, expansion, and replacement plans . Customer will also
grant and provide to Fort Worth such permits or easements as are
necessary for the continuous operation and maintenance of all
metering and sampling facilities . All such costs incurred by Fort
Worth for operation, maintenance, construction, expansion, and
replacement of Customer metering and sampling facilities shall be
considered system costs .
5 . 2 Unless otherwise agreed to by both parties in writing,
Fort Worth shall have the option to construct Customer metering and
sampling facilities not currently in existence. All construction
10
costs , including, but not limited to, sit acquisition and
preparation, design and engineering, construction and equipment
for such facilities , together with the costs of necessary easements
and rights-of-way, shall be system costs , including any and all
necessary modifications to accommodate a complete initial installa-
tion satisfactory to Fort Worth. If Customer constructs new
metering and sampling facilities , Customer may either transfer
ownership of such newly constructed facilities , together with all
necessary access easements and rights-of-way to Fort Worth in a
form satisfactory to Fort Worth or may grant to Fort Worth the
right of ingress and egress to such facilities , together with the
authority to operate and maintain the facilities as specified in
Section 5 . 1 , within sixty (60) days of such completion. Thereafter,
Fort Worth shall operate and maintain the facilities as a system
cost and treat any ownership transfer as a contribution for rate
purposes , but same shall not be an indicia of equity ownership.
5 . 3 Expenses incurred by Fort Worth for the operation and
maintenance of Customer metering and sampling facilities shall be
system costs and shall include, but not necessarily be limited to,
the following :
A . Cost of electricity at the facility;
B . Cost of the initial installation of the telemetry service
at the facility and to the control center and
cost of monthly lease charge for the telephone line;
C . Cost of calibration;
D. Cost of parts , materials and supplies required for
repairs , calibrations and upgrading of the facilities ;
E. Labor cost plus fringe benefits and indirect costs for
repairs , calibrations and upgrading of the facilities ;
F. Maintenance of ingress and egress and meter facility
site .
5 . 4 Replacement of facilities described in this section or
equipment therein occasioned as a result of obsolescence due to
age, excessive maintenance, growth or other reasons as determined
by the Director shall be a system cost . Any replacement facility
or equipment therein shall comply with Fort Worth' s standards and
specifications .
5 . 5 . Upon expiration or termination of this agreement by
either party, Fort Worth shall transfer to Customer ownership of
any property easements , metering and sampling facilities and
rights-of-way conveyed to Fort Worth pursuant to the terms of this
Section 5 .
6 . Rights-of-Way
Customer shall grant , without charge -to Fort Worth, such
easements and rights-of-way along public highways or other property
owned by Customer , as requested by Fort Worth, in order to
construct or maintain mains or facilities within the corporate
limits of Customer to provide wastewater collection to Customer
and to other areas . Upon notice from Customer and at Fort Worth
expense, Fort Worth will move such wastewater mains or facilities
located in such street right-of-way, or other property owned by
12
Customer when reasonably necessary to the performance of essential
governmental duties by Customer. Fort Worth shall grant , without
charge to Customer, such easements and rights-of-way along with
public highways or other property owned by Fort Worth, as requested
by Customer, in order to construct and maintain wastewater mains
or facilities within Fort Worth to provide wastewater collection
to Customer. Upon notice from Fort Worth and at Customer' s
expense, Customer will move such wastewater mains or facilities
when located in such street rights-of-way or other property owned
by Fort Worth when reasonably necessary to the performance of
essential governmental duties by Fort Worth. All work done by or
on behalf of Fort Worth under this paragraph will be performed in
accordance with specifications equal to those applying to work of
a similar nature performed within Fort Worth, but neither party
hereto will be required to restore the other 's property to a
condition exceeding its original condition, unless otherwise
mutually agreed in writing. Fort Worth and Customer agree to
coordinate the location of the mains and/or facilities in the
other' s easements and rights-of-way in order to prevent further
conflicts insofar as reasonably practicable.
7 . Metering and Sampling
7 . 1 All flow discharged into the Fort Worth System by
Customer shall be metered, unless specifically agreed to by both
parties in writing . Should both parties agree in writing that
metering is not possible, the agreed upon method for determining
the volume shall include an adjustment for infiltration and inflow.
13
7 . 2 If , in the judgment of the Director, the sewage
generated within one or more areas of the Customer cannot be
accurately measured by an approved type of metering station, then
the charge for sanitary sewer service within that drainage area
will be made on a per-connection basis . In such cases , the volume
of sewage for billing purposes will be determined by adding the
product derived from multiplying the number of domestic accounts
within the area times 10 , 500 gallons to the sum total metered water
of all non-domestic accounts within the area . The total volume so
derived each month will be used as the basis for calculating the
total sewer charges due each month for that drainage area and such
charges will be added to any other charges , if any, based on
metered connections . For all such non-metered areas, Customer will
be responsible for providing data each month on the number of
domestic accounts and the metered water volume of all non-domestic
accounts . This data will be provided by Customer to Fort Worth no
later than the 5th of each calendar month.
7 . 3 Customer shall have access to the metering and sampling
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 tests shall be provided to
the Customer at least seventy-two (72) hours prior to such tests
being conducted.
14
7 . 4 All readings of meters will be entered in ink upon bound
journals maintained by Fort Worth. Customer shall have access to
such records during rmsonable business hours and shall be
furnished with monthly totalizer readings for each point of entry
metering and sampling facility .
7 .5 Fort Worth shall calibrate and routinely service the
meters no less than once during each six (6) month period. Copies
of the results of such calibration and all related information
shall be provided to Customer. Fort Worth shall notify the
Customer at least seventy-two (72 ) hours in advance of the date
and time for any calibration and Customer may observe, if so
desired.
7 . 6 Upon any calibration, if it is determined that the
accuracy envelope of such meter is found to be lower than
ninety-five percent ( 95%) or higher than one hundred five percent
(105%) 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 .
7 . 7 If any meter used to determine volume from Customer is
out of service or out of repair so that the amount of wastewater
metered cannot be ascertained or computed from the reading thereof ,
the wastewater delivered through the period such meter is out of
15
service or out of repair shall be estimated and agreed upon by the
parties hereto upon the basis of the best data available. The
basis for estimating such flow includes , but is not limited to,
extrapolation of past patterns of flow for said metering station
under similar conditions . In the event that the parties hereto
cannot agree on the extrapolated estimate of wastewater volume
delivered, agreement on the flow volume will be determined by third
party arbitration.
7 . 8 Fort Worth shall periodically determine the quality of
the wastewater at the metering and sampling facilities or other
agreed upon sampling points for the purposes of billing for the
strength of the wastewater . The sampling and testing shall
normally occur at such frequency as determined by the monthly flow
of sewerage, as outlined in the sampling table below:
Customer Flow Monitoring
�millian gqll ns per month
Mmes _tier year
80 and more 3
Greater than 50 and less than 80 2
50 or less 1
To determine the quality of the wastewater , Fort Worth shall
collect twenty-four (24) hour flow-weighted composite samples for
a period of not less than five (5) consecutive twenty-four (24)
hour periods . Fort Worth will provide Customer with a minimum of
seven ( 7 ) day advance notification of intent to sample, or such
notification as is sufficient to allow Customer to arrange the
services of a qualified laboratory. If , at the request of Customer
16
or at the request of the Director, more extensive monitoring is
desired, such additional monitoring shall be paid for by the party
making the request and shall be done in compliance with Section 7 .
If Customer requests such additional monitoring, Fort Worth shall
invoice Customer and payment shall be made within ten (10 ) days
after receipt of invoice.
The notification required in this section shall include the
planned dates , times , and location(s) of sampling . Fort Worth
shall analyze the samples collected in accordance with standard
methods . Customer may be present during the initial setup of
sampling equipment and at the time of pickup for each twenty-four
(24) hour composite sample. Fort Worth agrees , if requested, to
split said wastewater samples with Customer.
7 . 9 If in the opinion of the Director, compliance monitoring
is required, the Director may order that additional monitoring be
performed with or without prior notice to Customer . Said
compliance monitoring is to be in addition to the periodic sampling
set forth in Section 7 . 8 . All information obtained as a result of
such compliance monitoring shall be provided to the Customer upon
request . Fort Worth will provide notice of such compliance
monitoring to Customer within a reasonable time thereafter .
7 . 10 If Customer disputes Fort Worth results of analyses
and the parties hereto cannot settle such dispute, such disput will
be determined by third party arbitration.
7 . 11 Costs incurred by Fort Worth under this section will be
considered to be a system cost .
17
8 . Rates and Charges
8 . 1 Wholesale wastewater rates will be based upon cost-of-
service rate studies performed by independent utility rate
consultants as described herein. The independent utility rate
consultant shall be selected by Director from a list of five highly
qualified firms submitted by the Wastewater System Advisory
Committee . The cost of such studies will 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 .
8 . 2 The cost-of-service for the wholesale class shall
include allocated reasonable and necessary operation and
maintenance expense, depreciation expense and a fair and reasonable
return on allocated capital facilities . 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, wastewater
quality , 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 . on a
periodic basis as determined by the Director the depreciation rates
on all general benefit capital facilities shall be studied, and new
salvage values , useful lives , and annual rates of depreciation
shall be developed from such studies . The rate base shall consist
of all allocated capital facilities , net of depreciation and
appropriate 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. On a periodic basis
as determined by the Director, a cash "lead-lag" study shall be
conducted to determine the appropriate level of working capital
at the same time as the above depreciation rate study is done.
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 .
8 . 3 Fort Worth shall be allowed an adequate opportunity to
earn a reasonable rate of return . The return shall be sufficient
to assure confidence in the financial soundness of the utility,
shall be adequate to maintain and support its credit , shall enable
it to raise the money necessary for the proper discharge of its
public duties , and shall be equal to the weighted average imbedded
cost of outstanding debt plus one-and-one-half percent (1 1/20) .
8 . 4 Every three (3) years , a detailed wholesale revenue
requirement shall be developed on an actual historical cost test
year basis allowing for reasonable and necessary expenses of
providing such wastewater service and allowing for known and
measurable adjustments . Such adjustments should allow for year-
end trending and the spreading of non-recurring expenses over an
appropriate benefit period. The first test year shall be October
1st , 1986 , through September 30th, 1987 , and the first detailed
19
cost-of-service study shall be performed by an independent utility
rate consultant during the first two (2) calendar quarters of 1989 ,
based on audited data for the immediate past fiscal year ended
September 30 , 1988 . on a three (3) year cycle thereafter, a
complete detailed rate study will be performed with the same
methodology used in the previous rate study by an independent
utility rate consultant . Thereafter, changes in the methodology
will be allowed if recommended by a majority of the Wastewater
System Advisory Committee, such majority defined by any combination
of Customers contributing a total of more than fifty percent (500)
of the wholesale sewage flow in the immediate past fiscal year,
and approved by the Fort Worth City Council . In the interim period
between complete detailed rate studies , wholesale wastewater rates
shall be adjusted by Fort Worth using the same methodology adopted
at the time of the last complete detailed rate study, utilizing
the actual operating data for the twelve month period ending
September 30th of the prior year, adjusted for known and measurable
changes in cost data which may have occurred since the last audited
statement .
8 . 5 The initial rates for this contract shall be those
adopted by the Fort Worth City Council on September 18 , 1990 ,
effective October 1 , 1990 , and are as follows :
Volume Charge $0 . 3597 per 1000 gallons
BOD Strength
Charges $0 . 1225 per pound of BOD
20
TSS Strength
Charges $0 . 1.024 per pound of TSS
Monthly Billing
Charges $71 . 00
8 . 6 Bills for wastewater treatment and disposal service
shall be rendered to wholesale Customers monthly by Fort Worth.
All such bills shall be due and payable by each Customer not more
than thirty (30) days from the billing date. The bills will show
current charges, as well as past-due charges , if any . Current
charges shall be the amount due for wastewater collection,
treatment and disposal service provided since the prior billing
period. Past-due charges shall be the total amount unpaid from
all prior billings as of the current billing date. Payments
received by Fort Worth shall first be applied to the past-due
charges , if any, and thereafter to the current charges .
8 . 7 If Customer disputes a bill and is unable to resolve the
difference informally, Customer shall notify the Director in
writing . If the Director and Customer are unable to resolve the
disputed bill , agreement on the bill will be determined by third
party arbitration. Dispute of a bill is not grounds for
non-payment . In the event a payment is not paid as specified in
this agreement , a finance charge of ten percent (10%) per annum
will be calculated from the date which the payment was required to
be made. In the event the bill established by arbitration is less
than the disputed bill , then the amount found to be incorrect will
be credited to the Customer' s account together with an interest
21
charge of ten percent (100) per annum calculated from the date
payment of the disputed bill was received.
8 . 8 The parties hereto agree that services obtained pursuant
to this contract are essential and necessary to the operation of
Customer' s waterworks and wastewater facilities and that all
payments made by each Customer hereunder shall constitute
reasonable and necessary operating expenses of Customer 's
waterworks and wastewater systems within the meaning of Article
1113, Vernon's Annotated Texas Statutes , and the provisions of any
and all ordinances of Customer authorizing the issuance of any
revenue bond issues of Customer which are payable from its
waterworks and wastewater systems .
8 . 9 Customer agrees , throughout the term of this agreement ,
to fix and collect such rates and charges for wastewater service
to be supplied as will produce revenues in an amount equal to at
least (i) all of operation and maintenance expenses of such system,
including specifically its payments under this agreement ; and (ii )
all other amounts as required by law and the provisions of the
ordinances or resolutions authorizing its revenue bonds or other
obligations now or hereafter outstanding, including the amounts
required to pay all principal of and interest on such bonds and
other obligations .
8 . 10 Customer specifically agrees to adopt and maintain in
effect for the life of this contract an ordinance providing for a
user charge system in full accord with relevant EPA regulations .
22
9 . industrial Connection and Monitoring
9. 1 Customer agrees that it will not permit any significant
industrial user within its jurisdiction to connect directly or
indirectly either to its system or to the Fort Worth System without
at least thirty (30 ) days ' prior written notification to the
Director of such in-Lent to connect . Customer shall provide the
Director with such information pertaining to volume and composition
of flow as may be requested by the Director.
9 . 2 Customer agrees to conduct any and all monitoring,
sampling and inspection of Customer System and industrial users as
necessary to insure that industrial waste introduced into the
Customer System meets the quality standards set out in Section 10 . 2
hereof . Upon request to Customer, a representative of Fort Worth
will be permitted to observe Customer' s collection of samples from
industrial users , and Customer agrees to furnish Fort Worth
separate duplicate samples for independent testing, and, upon
request , to provide the Director sample analysis results and
pretreatment records .
9 . 3 Customer agrees that Fort Worth shall have the right to
sample wastewater at all points of entry and such other locations
as may be mutually agreed to in writing by both parties for the
purpose of determining the volume and quality of wastewater
entering the Fort Worth System. Customer agrees to disconnect from
its system any industrial user found to be in violation of
allowable discharges or who refuses access to its facilities for
the purpose of sampling wastewater being discharged into the
23
Customer System; provided, however , that said disconnected
industrial user shall be afforded the same rights , privileges of
appeal and deficiency cure periods as are industrial users
operating within Fort Worth's jurisdiction.
9 . 4 Following notice to the Customer by Fort Worth, Customer
grants to Fort Worth the right to enter Customer ' s jurisdiction if
Fort Worth determines that questionable discharges or prohibited
discharges are entering the Fort Worth System emanating from the
Customer System. Customer agrees to assist Fort Worth in locating
and eliminating such prohibited discharges .
10 . Wastewater Quality
10 . 1 Customer agrees that on or before thirty (30) days from
date of execution of this contract it shall enact and cause to be
enforced an ordinance enabling Customer to enforce within its
jurisdiction regulations governing industrial waste that are at
least as stringent as the provisions of the current Fort Worth
Ordinance No . 8895 and any necessary and reasonable amendments
thereto , and state and applicable federal regulations relating to
1) discharged substances; 2 ) prohibited discharges ; 3) pretreatment
requirements; 4) industrial discharge permitting system; and 5)
industrial self-monitoring reports . Customer agrees to enact and
enforce ordinances or any amendments to Ordinance No. 8895, or any
future ordinances relating to industrial discharges , prohibited or
controlled wastes or pretreatment requirements and such amendments
and future ordinances shall become incorporated as additional
exhibits to this contract; provided, however, Fort Worth shall
24
provide Customer with a copy of such proposed ordinances or
amendments at least sixty ( 60) days prior to the presentation of
such ordinances or amendments to the Fort Worth City Council during
which time Customer shall have an opportunity to review same .
Customer shall adopt and enforce such proposed ordinances or
amendments no later than the effective date of the Fort Worth
ordinance or amendment .
10 . 2 Customer agrees that the quality of the wastewater
discharged into the Customer System shall be equal to or better
than the quality standards established by Fort Worth Ordinance No.
8895 , or any amendment adopted pursuant to Section 10 . 1 .
10 . 3 Customer shall require all significant industrial users
within its jurisdiction that ultimately discharge into the Fort
Worth System to apply for and obtain a permit from Customer
allowing such discharge . Such permit shall require industrial
users to abate prohibited substances from their discharge as a
condition to discharging wastewater into the Customer System. The
permit application shall contain, as a minimum, the following:
1 . Name and address of discharger;
2 . Agent for discharger;
3 . Type of industry;
4 . Products produced or services rendered; and
5 . Chemicals being stored and/or used.
Customer shall provide Fort Worth a copy of such application and
permit , if issued, within fourteen (14) days after issuance.
25
11 . Resale of Wholesale Wastewater Services
11 . 1 Customer may provide wastewater services to wholesale
customers upon the recommendation of the Wastewater System Advisory
Committee with prior written notice to and consent from the
Director , said consent not to be unreasonably withheld. Customer
shall provide the Director a copy of the proposed contra-ct with its
wholesale customer as part of Customer ' s written notice to the
Director .
11 . 2 If Customer provides wastewater services to wholesale
customers , Customer shall require its wholesale customers to comply
with Sections 9, 10 and 28 of this contract and to enact and
enforce any and all necessary ordinances .
12 . -Infiltration and inflow
Customer agrees that it has an obligation to prevent
infiltration and inflow into its System and then into the Fort
Worth System. Customer further agrees that all sewer connections
within its jurisdiction which ultimately enter into the Fort Worth
System will be constructed in accordance with applicable
specifications and standards at least equal to those of the Fort
Worth Water Department . Further, Customer covenants and agrees to
maintain strict supervision and maintenance of its System to
prevent connections through which surface drainage can enter
ultimately into the Fort Worth System. Customer shall not make ,
nor shall it permit to be made, any connection which will
contribute storm water run-off from rainwater spouts , rainwater
26
areas , streets , gutter drain or other source into its sanitary
sewer system.
13 . Sludge Dispqsal .
Customer recognizes the importance of utilizing sludge in a
timely and proper manner . Customer will cooperate with Fort Worth
in any environmentally sound sludge utilization program meeting
federal and state standards within the area served by Customer .
14 . Wastehaulers
Customer agrees to adopt the North Central Texas Council of
Government ' s model ordinance, or one similar to it , regulating
liquid wastehaulers within Customer's service area. At a minimum
such ordinance shall require liquid wastehaulers to be permitted
and provide for a manifest system. Further, said ordinance shall
prohibit the introduction of liquid waste into the Customer System,
directly or indirectly.
15 . Assistance
15 . 1 In the event Customer requests assistance with its
System, Fort Worth may, at its option, assist Customer . Customer
agrees to pay Fort Worth its actual costs incurred, including, but
not limited to, labor and material expended. Nothing herein shall
be construed to require Fort Worth to assist Customer . Such costs
will be invoiced to Customer and payment made within ten (10 ) days
after receipt of invoice.
15 . 2 In the event Fort Worth requests assistance with its
System, Customer may, at its option, assist Fort Worth. Fort Worth
agrees to pay Customer its actual costs incurred, including, but
27
not limited to, labor and material expended. Nothing herein shall
be construed to require Customer to assist Fort Worth. Such costs
will be invoiced to Fort Worth and payment made within ten (10)
days after receipt of invoice.
16. Payment and Finance Charge
The parties hereto agree that the failure to make any payments
within the times provided for herein results in additional cost to
the party to be paid; therefore, the parties agree that any payment
required herein not made within thirty (30) days of the billing
date shall be subject to a finance charge of ten percent (100) per
annum to be calculated from the date which the payment was required
to be made.
17 . Reports and Records
If requested by the Director, and/or Customer, the other party
shall provide quarterly the following data:
A. Actual number of customer accounts discharging directly
or indirectly into the Fort Worth System and/or Customer System
within its service area;
B. Classification of domestic and nondomestic accounts within
its service area by number and percentage of accounts discharging
directly or indirectly into the Fort Worth System and/or Customer
System within its service area.
C. Additional data which may assist Fort Worth and/or
Customer in developing methodology for cost of service studies ,
planning studies for analyzing federal grants , and system access
fees ; provided, however, that neither party shall request data that
28
will require either party to incur unreasonable expenses in
providing such data.
18 . Notices
Any notice, communication, request , reply or advice herein
provided or permitted to be given, made or accepted by either party
to the other party must be in writing to:
City of Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Customer : Mayor
Town of Westover Hills
4824 Merrymount Road
Fort Worth, Texas 76107
The parties hereto shall indicate in writing any change that any
occur in such respective addresses from time to time.
19 . Inspe�ctiok-and-Audit
Complete records and accounts required to be maintained by
each party hereto shall be kept for a period of five (5) years .
Each party shall at all times , upon notice, have the right at
reasonable times to examine and inspect said records and accounts
during normal business hours ; and further, if required by any law,
rule or regulation, make said records and accounts available to
federal and/or state auditors .
29
20 . Consent
Whenever, under the terms of this agreement , Fort Worth is
permitted to give its written consent or approval , Fort Worth, in
its discretion, may give or may refuse such written consent or
approval and, if given, may restrict , limit or condition such
consent or approval in any manner it shall deem advisable; however,
consent will not be unreasonably withheld.
21 . Waiver , Remedy, Severabilit_y_
21 .1 No waiver by either party hereto of any term or
condition of this agreement shall be deemed or construed to be a
waiver of any other term or condition or subsequent waiver of the
same term or condition.
21 . 2 in addition to any other remedy as may be provided by
law, this agreement shall be specifically enforceable by the
parties hereto. Venue for any action shall be in Tarrant County,
Texas .
21 . 3 It is agreed that , in the event any term or provision
herein contained is held to be invalid by any court of competent
jurisdiction, the invalidity of such term or provision shall in no
way affect any other term or provision contained herein; further,
this agreement shall then continue as if such invalid term or
provision had not been contained herein.
22 . Ownership and Liability
22 . 1 No provision of this agreement shall be construed to
create any type of joint or equity ownership of any property, any
partnership or joint venture, nor shall same create any other
30
rights or liabilities and Customer payments (whether past , present ,
or future) will not be construed as granting Customer partial
ownership of , pre-paid capacity in, or equity in the Fort Worth
System.
22 . 2 Liability for damages arising out of the transportation,
delivery, reception, treatment , and/or disposal of all wastewater
discharged into the Fort Worth System shall remain in the Customer,
together with title thereto, until such wastewater passes through
the point of connection to the Fort Worth System, at which time
liability for such damage shall pass to Fort Worth, save and except
that title to any prohibited discharge and any liability therefor
shall not pass to Fort Worth unless such prohibited discharge
originated in the Fort Worth System. Further, the parties hereto
agree to indemnify, save and hold the other party harmless from any
and all claims, demands , causes of action, damages , losses, costs,
fines and expenses , including reasonable attorney's fees , that may
be asserted by anyone at any time on account of the transportation,
delivery, reception, treatment and/or disposal while title to the
wastewater is in such party. If such liability for damages is not
attributable to a specific customer or Fort Worth, such liability
becomes a Fort Worth expense.
22 . 3 Contracts made and entered into by either Customer or
Fort Worth for the construction, reconstruction or repair of any
delivery facility shall include the requirements that the
independent contractor(s) must provide adequate insurance
protecting both the Customer and Fort Worth as insured . Such
31
contract 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 contract .
23 . Compliance with Permit Conditions
Customer acknowledges that Fort Worth is the holder of
discharge permits issued by the United States and the State of
Texas . Customer agrees that it will comply with all permit
conditions in any way relating to the collection system and the
discharge into the collection system. Customer agrees , that in
the event a fine is assessed against Fort Worth for any violation
of any permit condition, and the violation is attributable to any
act of omission or commission by Customer, to indemnify Fort Worth
and pay to Fort Worth the amount of such fine . If such fine is
not attributable to a specific customer, such fine becomes a Fort
Worth expense.
24 . Life of Contract
The life of this contract shall be twenty-six (26) years from
the date of its execution and thereafter shall be subject to
renegotiation between the parties hereto.
25 . Force Maieure
No party hereto shall be considered to be in default in the
performance of any of the obligations hereunder (other than
obligations of either party to pay costs and expenses) if such
failure of performance shall be due to an uncontrollable force
32
beyond the control of the parties , including but not limited to
the failure of facilities , flood, earthquake , tornado, storm, fire,
lightning, epidemic , war, riot , civil disturbance or disobedience,
labor dispute and action or non-action by a failure to obtain the
necessary authorizations and approvals from any governmental agency
or authority or the electorate, labor or material shortage,
sabotage, or restraint by a court order or public authority, which
by the exercise of due diligence and foresight such party could
not have reasonably been expected to avoid and which by exercise
of due diligence it shall be unable to overcome. Either party
rendered unable to fulfill any obligation by reason of an
uncontrollable force shall exercise due diligence to remove such
inability with all reasonable dispatch.
In the event the proper operation of the Fort Worth System,
as a result of the above, requires Fort Worth to temporarily
interrupt all or part of the services to Customer, no claims for
damage shall be made by Customer against Fort Worth. Fort Worth
will exercise its best efforts to insure that such interruptions
will not adversely affect the health and welfare of Customer ' s
residents .
26 . Termination
This agreement may be terminated in whole or in part by the
mutual consent of Customer and Fort Worth. Notwithstanding
anything contained herein to the contrary, any material breach by
either party hereto to perform any of the duties or the obligations
assumed by such party hereunder or to faithfully keep and perform
33
any of the terms , conditions and provisions hereof shall be cause
for termination of this agreement by Fort Worth in the manner set
forth in this paragraph. Fort Worth shall deliver to Customer
ninety ( 90) days prior written notice of its intention to so
terminate this agreement if Customer fails to cure or adjust such
material breach, including in such notice a reasonable description
of the breach. If within said ninety ( 90 ) days Customer shall fail
or refuse to cure such default to the satisfaction of Fort Worth,
then and in such event , Fort Worth shall have the right with six
months advance written additional notice to Customer and without
any liability whatsoever on the part of Fort Worth to declare this
agreement terminated. In the event of termination of this
agreement , all rights , powers, and privileges of Customer
hereunder shall cease and terminate and Customer shall make no
claim of any kind whatsoever against Fort Worth, its agents or
representatives , by reason of such termination or any act incident
thereto , provided Fort Worth acted reasonably and such termination
was not unreasonable, arbitrary and capricious . Fort Worth shall
advise Customer in writing immediately upon acceptance of the cure
of any default . The following breach, default or failure to
perform a duty or obligation shall be considered to be a material
breach:
a . Failure to adopt and enforce any ordinance required to
be adopted and enforced herein;
b. Failure to make any payment of any bill , charge or fee
as provided for in this agreement ;
34
C. Making any connection to the Fort Worth system at any
point except as provided in Section 2 . 2 hereof;
d. Failure to provide Fort Worth ingress and egress for
purposes of sampling and operation and maintenance of
any metering or any sampling facility;
e . Failure to provide Fort Worth rights-of-way as
required herein;
f . Failure to permit any sampling of wastewater as
provided for herein;
9. Failure to disconnect industrial users of Customer
pursuant to Section 9. 3;
h. Failure to maintain the quality of discharge as
required in Sections 10 . 2 and 10 . 3;
i . Failure of Customer to comply with Section 11 . 2
hereof;
j . Failure of Customer to comply with Section 23 hereof .
In the event of any other nonmaterial breach, default or
failure to perform duties under this agreement , Fort Worth shall
deliver to Customer sixty ( 60) days advance written notice of such
default . If Customer fails to cure such breach, default or
failure, then Fort Worth shall give Customer written notice of such
failure to cure and may surcharge Customer Five Thousand Dollars
($5 , 000 ) per month until such time as Customer cures such
nonmaterial default .
Any failure by Fort Worth to so terminate this agreement or
the acceptance by Fort Worth of any benefits under this ,agreement
35
for any period of time after such 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.
Any failure by Customer to so terminate this agreement or the
acceptance by Customer of any benefits under this agreement for
any period of time after such 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 .
27 . Regional Wastewater Authority_
In the event Fort Worth is designated as a regional wastewater
authority or agency by a duly authorized regulatory body, or if
Fort Worth should elect to contract with or assign this contract
to a regional wastewater authority to provide all or part of the
services covered by this agreement , the parties hereto agree that
any such regional wastewater authority may, by way of assignment
of this agreement , assume the same obligations and receive the same
benefits as Fort Worth. Customer hereby grants to Fort Worth the
specific right to assign this agreement subject to the provisions
of this section .
28 . Wholesale System Access Fees
28 . 1 On a quarterly basis , Customer agrees to pay to Fort
Worth a Wholesale System Access Fee for each new or enlarged
connection for wastewater service made within Customer' s service
area served by the General Benefit capital facilities of the Fort
36
Worth System. The Wholesale System Access Fee to Customer for each
such connection shall be based upon the size of water meter and
shall be equal to the Wholesale System Access Fee collected for the
same size water meter made within the jurisdiction of Fort Worth.
The calculation of said Wholesale System Access Fee shall be
consistent with all applicable state and federal regulations ,
including Chapter 395 , Texas Local Government Code, or any
amendment or successor statute thereto, and shall include only
those costs associated with General Benefit capital expansions and
capital improvements necessary to provide service to new
development . Nothing within this contract shall be deemed to
prevent either Fort Worth or Customer from charging their own
retail customers impact fees in excess of the Wholesale System
Access Fee charge provided for herein.
28 . 2 Fort Worth agrees that all monies remitted to it
pursuant to this Section will be placed in a separate interest
bearing account to pay only for the cost of constructing capital
improvements or facility expansions as permitted by Chapter 395 ,
Texas Local Government Code, or any amendment thereto, or by any
successor statute thereto, 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 .
28 . 3 Customer shall provide to Fort Worth such information
that relates to the making of new and/or enlarged connections
within its jurisdiction as may be requested by the Director,
37
including but not limited to building permits , with each quarterly
payment required in this section.
28 . 4 Neither Fort Worth nor Customer shall waive any impact
fee due from a retail customer for a new or enlarged connection to
its respective system within its jurisdiction. However , either
Fort Worth or Customer may pay such impact fee into the fund
required for paying for the capital improvements .
28 . 5 The Wastewater System Advisory Committee created
pursuant to Section 29 hereof shall select five (5) of its members
to a subcommittee to be known as the Customer Impact Fee Committee
(CIFC) . Every three years , beginning June, 1992 , Fort Worth will
update the land use assumptions and capital improvements plan upon
which the Wholesale System Access Fees are based. In June 1992 and
every three 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 access
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 . In the
event the CIFC fails to submit a list of five consultants to Fort
Worth, Fort Worth shall select a consultant to perform in the
manner described herein.
28 . 6 Fort Worth agrees that only those capital improvements
as defined in section 1 . 29 hereof shall be included in the Capital
38
improvements plan for the purpose of determining Wholesale System
Access 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 capital improvements in any capital improvements plan.
The CIFC shall be responsible for working with Fort Worth and its
consultant to determine the capital improvements to be included in
the calculation of any Wholesale System Access Fees . The CIFC
shall recommend to the Wastewater System Advisory Committee which
capital improvements should be included in the calculation of any
Wholesale System Access 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 .
28 . 7 Prior to the adoption of any land use assumptions ,
capital improvements , or access fees , the CIFC shall be furnished
a copy of the proposed land use assumptions , capital improvement
plan or access fees at least 30 days prior to any scheduled hearing
thereon. Any revised access 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.
28 . 8 Each year Fort Worth shall provide to the Wholesale
Wastewater Advisory Committee an audited financial statement of the
Fort Worth Water Department ' s records .
28 . 9 For the period of time from the date of execution hereof
until June 5 , 1993, Customer agrees to pay to Fort Worth Wholesale
39
Wastewater Access Fees per new connection based upon the size of
the water meter, such fees to be equal to or less than those
amounts set forth in Exhibit "B" attached hereto and incorporated
herein for all intents and purposes . The actual Wholesale System
Access Fee to be paid by Customer shall be determined by the City
Council of Fort Worth. After June 5 , 1993 , Customer agrees to pay
access fees in such amounts as may be determined in the manner
provided in this Section 28 .
28 . 10 Fort Worth and Customer agree that the methodology for
the calculation of Wholesale System Access Fees required herein is
consistent with the methodology prescribed by Chapter 395 , Texas
Local Government Code . In the event that such statutory
methodology is amended or replaced by a new statute, the Wholesale
Wastewater Advisory Committee may engage legal counsel to work with
Fort Worth to propose amendments to this contract to conform it to
such amendment or new statute. The reasonable cost of such legal
counsel shall be a system cost .
29. Wastewater System Advisory-committee
Customer ' s governing body shall annually appoint a represen-
tative to be a voting member of the Wastewater Advisory Committee
which Committee is hereby created and established and whose purpose
shall be to consult with and advise Fort Worth, through the
Director, on matters pertaining to planning, improvements , grants ,
rate studies , budgets , administration, and additional wholesale
customers , whether same be wholesale customers of Customer or Fort
Worth. Said Committee, at its first meeting, shall elect a
40
Chairman, Vice-Chairman and Secretary. The Committee may establish
bylaws governing the election of officers , meeting dates and other
matters pertinent to its functioning.
30 . Effective Date
This contract , together with all terms and conditions and
covenants , shall be effective June 1, 1987 .
31 . Miscellaneous
31 . 1 This agreement terminates and supersedes that certain
contract(s) known as City of Fort Worth City Secretary Contract
No. 3525 , No . 4879 and No . 13392 . The parties have entered into
other contracts , same being City of Fort Worth Secretary Contract
No . . which is unaffected hereby and whose terms and conditions
remain in full face and effect .
31 . 2 This agreement is subject to all applicable federal and
state laws and any applicable permits , ordinances , or amendments
adopted pursuant to Section 10 . 1 rules , orders and 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,
ordinance, order , rule or regulation in any forum having
jurisdiction.
31 . 3 The Customer agrees to abide by any changes in this
agreement made necessary by any amendment or revision to state or
federal regulations .
31 . 4 Upon prior notice by Fort Worth, any duly authorized
employee of Fort Worth bearing proper credentials and identifica-
41
tion shall notify Customer of need for access to any premises
located within Customer' s city limits or served by Customer as may
be necessary for the purpose of inspections and observation,
measurement , sampling and testing and/or auditing, in accordance
with the provisions of this contract . Customer may elect to
accompany the Fort Worth representative. To the extent permitted
by law, Fort Worth agrees to indemnify 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 his employment .
31 . 5 In each instance herein where reference is made to a
federal or state regulation, it is the intention of the parties
that , at any given time, the current federal or state regulation
shall apply. If a publication or reference work referred to herein
is discontinued or ceases to be the generally accepted work in its
field, or if conditions change, or new methods or processes are
implemented by Fort Worth, new standards shall be adopted which are
in compliance with state and federal laws and any valid rules and
regulations pursuant thereto.
31 . 6 Fort Worth must comply with all federal , state and local
government requirements to obtain grants and assistance for system
design, system construction and studies . Customer agrees to assist
Fort Worth in compliance by setting adequate rates , establishing
proper user charges and complying with governmental requirements .
31 . 7 Section headings in this agreement are for convenience
only and do not purport to accurately or completely describe the
42
contents of any section. Such headings are not to be construed as
a part of this agreement or any way defining, limiting or amplify-
ing the provisions hereof .
31 . 8 Whenever any disputed matter herein is to be specifically
determined by the use of an arbitrator, the following procedure is
to be followed . The party requesting that the dispute be settled
by arbitration shall serve on the other party a request in writing
that such matter be handled by arbitration. Customer and Director
shall mutually agree in writing on the selection of an impartial
arbitrator . Such agreement shall be made within ten (10) days from
the date that the request for arbitration is received. If an
agreement is not reached on the selection of the impartial
arbitrator on or before the tenth (10th) day after the date that
notice is received, the Director shall immediately request a list
of seven qualified neutral arbitrators from the American
Arbitration Association of the Federal Mediation and Conciliation
Service , or their successor in function. The Customer and Director
may mutually agree on one of the seven arbitrators on the list . If
they do not agree within five (5) working days after the receipt
of the list , Customer and Director shall alternate striking a name
from the list and the name remaining shall be the impartial
arbitrator . Customer and Director shall mutually agree on a date
for the arbitration hearing. The decision of the arbitrator shall
be final , and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof .
43
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
ATTEST:' CITY OF FORT WORTH
............
By :
Cfty Secretary City Manage);-' '
APPROVED AS TO FORM AND LEGALITY:
Da t e
'City At rney
ATTEST: TOWN OF, WESST VER HILLS
110—Acretary --------- By : Mayor
APPROVED AS TO FORM AND LEGALITY:
Date :
City Attorney ------
"17 1 ° j
f � i ,N t LIM—I
J
B�tT� ......
44
ii
EXHIBIT "B"
I . Wholesale System Access Fee schedule effective the
date of execution.
METER EQUIVALENCY WASTEWATER ACCESS
SIZE FACTOR FEE
3/4" 1 $ 161 . 00
iff 1 . 75 281 . 75
1 1/2" 4 644 . 00
2" 7 1 , 127 . 00
3" 16 2 , 576 . 00
411 28 4, 508 .00
61' 64 10 , 304 . 00
811 100 16 , 100 . 00
1011 150 24, 150 . 00
11 . Whole System Access Fee schedule effective October
1 , 1991 .
METER EQUIVALENCY WASTEWATER ACCESS
SIZE FACTOR FEE
3/4" 1 $ 449 . 75
lit 1 . 75 787 .06
1 1/2" 4 1 , 799 . 00
2'v 7 3 , 148 . 25
311 16 7 , 196 . 00
4" 28 12 , 593 . 00
6" 64 28 ,784 . 00
8'v 100 44 , 975 .00
101V 150 67 , 462 . 50
III . Wholesale System Access Fee Schedule effective
October 1 , 1992 , until June 5 , 1993 .
METER EQUIVALENCY WASTEWATER ACCESS
SIZE FACTOR FEE
3/411 1 $ 514 . 00
Vf 1 . 75 899 . 50
1 1/2" 4 2 ,056 . 00
2" 7 3 , 598 . 00
311 16 8 , 224 . 00
411 28 14 , 392 . 00
611 64 32 , 896 . 00
811 100 51 , 400 .00
1011
150 77 , 100 . 00
C 0
Mayor and GOUnCil Communication
DATE REFERENCE NUMBER L NAME PAGE
10/01/91 **C-13078 60WESTER 1 of 1
SUBJECT APPROVAL OF WHOLESALE WASTEWATER CONTRACT AND AMENDED WATER CONTRACT FOR THE
CITY OF WESTOVER HILLS
RECOMMENDATION:
It is recommended that:
1. The City Council authorize the City Manager to execute the attached wholesale
wastewater contract for wastewater services for the City of Westover Hills, and
2. The City Council authorize the City Manager to execute the attached amended
wholesale contract for water services for the City of Westover Hills.
DISCUSSION:
The City of Fort Worth currently owns and operates the wastewater collection system and
a portion of the water distribution system located within the corporate limits of the
City of Westover Hills. On August 20, 1991, (M&C C-10303) the City Council authorized
the City Manager to execute a contract for sale of the water and wastewater facilities
in Westover Hills. Approval of the contract for sale was contingent, in part, on
Westover Hills entering into the standard wholesale wastewater contract and entering
into an amendment for Fort Worth City Secretary Contract No. 17214, providing for water
service by Fort Worth to Westover Hills. The wholesale wastewater contract
incorporates the amendment approved by City Council on July 2, 1991 for all wholesale
customers concerning impact fees. The water contract amendment allows Westover Hills
an additional point of connection to the Fort Worth system.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: to
Mike Groomer 6140
Originating Department Head:
Richard Sawey 8207 from
For Additional Information
Contact:
Richard Sawey 8207
-�Printed on recycled paper