HomeMy WebLinkAboutContract 28391 CITY SECRETARY�? ,
CONTRACT No
.INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE CITY OF KELLER
FOR THE PROVISION OF WASTEWATER SERVICES
WHEREAS, this Agreement is made under the authority of Sections 791.001 -
791.029, Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the common interest of both parties, that the undertaking will benefit the public and
that the division of costs fairly compensates the performing party for the services or
functions under this agreement; and
WHEREAS, on December 7, 1999, the City of Fort Worth and the City of Keller
made and entered into City of Fort Worth City Secretary Contract No. 27561, same being
a Memorandum of Understanding—Long Term Water Supply Contract between the
Cities of Keller and Fort Worth, hereinafter referred to as the "Contract"; and
WHEREAS, pursuant to the terms the Contract, the City of Keller agreed to
transfer, and has transferred, a portion (the "Area") of its Certificate of Convenience and
Necessity No. 10975 to the City of Fort Worth; and
WHEREAS, pursuant to the terms of the Contract, the City of Keller is to
continue to provide water service to the Area for a period of time not to exceed five (5)
years; and
WHEREAS, the City of Fort Worth will be constructing water infrastructure to
the Area and will be providing water service to the Area;
WHEREAS, the wastewater that is generated in the Area is transported by the
City of Keller's collection system to the Trinity River Authority's Central Wastewater
Treatment Plant; and
WHEREAS, the Keller Independent School District is constructing sanitary sewer
main M-537 to serve the Wall Price Elementary School and such main is capable of
providing wastewater collection to a portion of the Area, which is the Deerfield Addition,
Phase III; and
WHEREAS, upon the completion of water and wastewater facilities, individuals
residing in the Deerfield Addition, Phase III will become water and wastewater
customers of the City of Fort Worth; and
"' OCIA 21 KNOW
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WHEREAS; the City of Keller has requested that the wastewater generated in the
Deerfield Addition, Phase III (Exhibit "A") be transferred to the City of Fort Worth
wastewater collection system prior to the City of Fort Worth's completion of both water
and wastewater facilities.
Now, therefore, know all by these presents:
This Agreement is entered into this iv_k day of November, 2002, between
the City of Keller, acting by and through Lyle Dresher, its duly authorized City Manager,
hereinafter referred to as Keller, and the City of Fort Worth, acting by and through Mark
Ott, its duly authorized Assistant City Manager hereinafter referred to as Fort Worth,
both of Tarrant County, State of Texas.
1. The wastewater generated in the Deerfield Addition, Phase III will be transferred
to the Fort Worth wastewater collection system and then transported by Fort Worth to its
Village Creek Wastewater Treatment Plant.
2. Keller shall apply its out-of-city retail wastewater rates to the volumes of water
used in the Deerfield Addition, Phase III, as well as the wastewater generated in the
Deerfield Addition, Phase III. Keller shall continue to bill the customers located within
the Deerfield Addition, Phase III in the same manner that it has done in the past and shall
be responsible for all billings and collection of bills for water and wastewater service to
the Deerfield Addition, Phase 111. As compensation for administrative costs, Keller shall
be entitled to retain from the bills collected that portion of the wastewater charges over
that which would have been collected had Keller been billing at its in-city rates.
3. Keller agrees to remit to Fort Worth sixty(60) days following first read date after
the date of this agreement that portion of its billings related solely to wastewater service
in the Area, and thereafter make such remittance every thirty (30) days. With such
remittance, Keller shall provide to Fort Worth copies of its bills for water and wastewater
service in to the Area.
4. Fort Worth shall have the right to audit all Keller records related to the provision
of water and wastewater service provided to the Deerfield Addition, Phase III, and such
right shall continue for three years following the inception of such services being
provided by Fort Worth.
5. Keller shall never have any duty or responsibility to operate or maintain any
portion of the Fort Worth wastewater collection agreement during the term of this
Agreement.
6. At such time as M-537 is ready to accept the wastewater flows as contemplated
herein, Fort Worth shall notify Keller, who then shall be responsible, at its sole cost and
expense, for the removal of the plug in M-537 to allow the wastewater to flow into Fort
Worth's collection system.
INTERLOCAL AGREEMENT WITH CITY OF KELLER
PROVISION OF WASTEWATER SERVICE
Page 2 of 4
WHEREAS; the City of Keller has requested that the wastewater generated in the
Deerfield Addition,Phase III (Exhibit"A")be transferred to the City of Fort Worth
wastewater collection system prior to the City of Fort Worth's completion of both water
and wastewater facilities.
Now, therefore, know all by these presents:
This Agreement is entered into this �OL� day of November, 2002, between
the City of Keller, acting by and through Lyle Dresher, its duly authorized City Manager,
hereinafter referred to as Keller, and the City of Fort Worth, acting by and through Mark
Ott, its duly authorized Assistant City Manager hereinafter referred to as Fort Worth,
both of Tarrant County, State of Texas.
1. The wastewater generated in the Deerfield Addition, Phase III will be transferred
to the Fort Worth wastewater collection system and then transported by Fort Worth to its
Village Creek Wastewater Treatment Plant.
2. Keller shall apply its out-of-city retail wastewater rates to the volumes of water
used in the Deerfield Addition, Phase III, as well as the wastewater generated in the
Deerfield Addition,Phase III. Keller shall continue to bill the customers located within
the Deerfield Addition, Phase III in the same manner that it has done in the past and shall
be responsible for all billings and collection of bills for water and wastewater service to
the Deerfield Addition,Phase III. As compensation for administrative costs, Keller shall
be entitled to retain from the bills collected that portion of the wastewater charges over
that which would have been collected had Keller been billing at its in-city rates.
3. Keller agrees to remit to Fort Worth sixty(60)days following first read date after
the date of this agreement that portion of its billings related solely to wastewater service
in the Area, and thereafter make such remittance every thirty(30) days. With such
remittance, Keller shall provide to Fort Worth copies of its bills for water and wastewater
service in to the Area.
4. Fort Worth shall have the right to audit all Keller records related to the provision
of water and wastewater service provided to the Deerfield Addition, Phase III, and such
right shall continue for three years following the inception of such services being
provided by Fort Worth.
5. Keller shall never have any duty or responsibility to operate or maintain any
portion of the Fort Worth wastewater collection agreement during the term of this
Agreement.
6. At such time as M-537 is ready to accept the wastewater flows as contemplated
herein,Fort Worth shall notify Keller,who then shall be responsible, at its sole cost and
expense, for the removal of the plug in M-537 to allow the wastewater to flow into Fort
Worth's collection system.
INIERLOCAL AGREEMENT WITH CITY OF KELLER
PROVISION OF WASTEWATER SERVICE
Page 2 of 4
7. Keller, at its sole cost and expense, shall be responsible for the removal of the lift
station and the removal of its wastewater force main after the wastewater flow has been
transferred to M-537. Fort Worth shall never be responsible any costs associated with the
removal of the plug in M-537, the removal of the lift station and the removal of the force
main.
8. Keller, at its sole cost and expense, shall transfer that portion of its wastewater
collection system within the Deerfield Addition, Phase III that is necessary for the proper
transportation of the wastewater flows into M-537. Keller shall also provide to Fort
Worth all existing maintenance, televised records, and all relevant information on the
existing wastewater mains in the Deerfield Addition, Phase III area.
9. This agreement shall take effect on the date that wastewater generated in the
Deerfield Addition, Phase III is transferred to Fort Worth M-537 and shall terminate on
the date that Fort Worth begins to provide retail water service to the Deerfield Addition,
Phase III.
10. Nothing in the performance of this Agreement shall impose any liability for
claims against Keller other than claims for which the Texas Tort Claims Act may impose
liability.
11. Nothing in the performance of this Agreement shall impose any liability for
claims against Fort Worth other than claims for which the Texas Tort Claims Act may
impose liability.
12. The parties to the Agreement do not intend for any third party to obtain a right by
virtue of this Agreement. By entering into this Agreement, neither Keller of Fort Worth
intend to create any obligations express or implied other than those set out herein; further,
this Agreement shall not create any rights in any party not a signatory hereto.
(Remainder of Page Intentionally Left Blank)
INTERLOCAL AGREEMENT WITH CITY OF KELLER
PROVISION OF WASTEWATER SERVICE
Page 3 oF4
• 1
ATTEST: CITY F LLER
B y: ��
Ci Secretary L le Dresher
City Manager
Approved�aS t 1<c�and Legality:
C Atto
AT CITY OF FORT WORTH
ByA
4A, By:
City ec tary Marc Ott
Assistant City Manager
Approved as to Form and Legality:
Assistant City Attorney
I q qc;�L/
contrac Authorization
t
Date
F- - AI GEC001U
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INTERLOCAL AGREEMENT WITH CITY OF KELLER
PROVISION OF WASTEWATER SERVICE
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/14103 **C-19424 60PROVISON 1 of 2
SUBJECT INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY
OF KELLER FOR THE PROVISION OF WASTEWATER SERVICES FOR DEERFIELD
ADDITION, PHASE III
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
between the City of Fort Worth and the City of Keller for the provision of wastewater services for
Deerfield Addition, Phase III.
DISCUSSION:
On December 7, 1999, the cities of Fort Worth and Keller entered into a Memorandum of Understanding
(MOU) related to the long-term provision of water to Keller by Fort Worth (M&C C-18127). Under the
terms of the MOU, Keller and Fort Worth agreed to cooperate on the transfer to Fort Worth of a portion
of Keller's Certificate of Convenience and Necessity (CCN) within the corporate limits of Fort Worth and
within the extraterritorial jurisdiction of Fort Worth, located west of US Highway 377. Keller's CCN for
this area has been transferred to Fort Worth.
In addition, to allow an orderly transition of service in the area from Keller to Fort Worth, Keller agreed
to continue to provide water service for a period of time not to exceed five years (December 1999 to
November 2004) to the existing customer base within the area to be transferred.
Also, the MOU contained obligations related to the construction of certain facilities and cost sharing for
those facilities to serve Keller as a wholesale customer. These facilities have been constructed. Keller
has met or is meeting all of its responsibilities and duties under the MOU.
The Keller Independent School District is constructing sanitary sewer main M537 to serve the Wall
Price Elementary School, and such main is capable of providing wastewater collection to Deerfield
Addition, Phase Ill. This area includes Prairie Court, Wagon Court, Indian Court, Bison Court, and
Corral Drive that is south of Wal-Price Keller Road, and east of Ray White Road. The individuals
residing in Deerfield Addition, Phase III will become water and wastewater customers of the City of Fort
Worth.
The City of Keller has requested that the wastewater generated in the Deerfield Addition, Phase Ill be
transferred to the City of Fort Worth collection system prior to completion, by the City of Fort Worth, of
the water facility for these customers. The City of Keller has agreed to bill these customers for
wastewater and then remit payment to Fort Worth until the City of Fort Worth completes the water
facility.
The individuals residing in the Deerfield Addition, Phase III will continue to pay the Keller "out-of-city"
rate for wastewater services.
The City of Keller has approved the Interlocal Agreement.
City of Fort Worth, Texas
Mayorand Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/14/03 **C-19424 60PROVISON 2 of 2
SUBJECT INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY
OF KELLER FOR THE PROVISION OF WASTEWATER SERVICES FOR DEERFIELD
ADDITION, PHASE III
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MO:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 01/14/03
Additional Information Contact:
Dale Fisseler 8207
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