HomeMy WebLinkAboutContract 29137 10-13-03 A10 : 00 I i! CONTRACT NORYC�/
INTERLOCAL AGREEMENT FOR THE PROVISION r
OF WATER AND WASTEWATER SERVICE
WHEREAS, certain property located within the Gateway Station Addition and Sarah
Gray Addition is located within the corporate city limits of the City of Fort Worth,hereinafter
referred to as the "Property"; and
WHEREAS,the City of Fort Worth has the capacity to provide water and wastewater
service to the Property but does not have transmission or collection facilities with which to
provide such services to the Property; and
WHEREAS, owners of certain lots within the Property have requested the City of
Burleson to provide water and wastewater service to their lots; and
WHEREAS,the City of Burleson is agreeable to extending its water and wastewater
facilities to the Property for the purpose of providing water and wastewater service to certain
owners of the lots within the Property; and
WHEREAS,the City of Burleson has requested from the City of Fort Worth permission
to provide water and wastewater service within the corporate limits of the City of Fort Worth;
and
WHEREAS,the City of Burleson and the City of Fort Worth desire to enter into an
interlocal agreement pursuant to Chapter 791 of the Texas Government Code agreeing to terms
and conditions whereby he City of Burleson would be authorized to provide water and
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wastewater service within the corporate limits of the City of Fort Worth.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
This agreement is made and entered into this_ aLday of , 2002, by and
between the City of Burleson, hereinafter referred to as 'Burleson," acting herein by and through
Byron Black, its duly authorized Mayor, and the City of Fort Worth,hereinafter referred to as
"Fort Worth," acting herein by and through Marc Ott, its duly authorized assistant city manager.
1.
1.01 Burleson is hereby appointed an agent for the sole purpose of providing water and
wastewater service to the property described in Exhibit"A" attached hereto and incorporated
herein for all intents and purposes. Burleson is further authorized to provide retail water and
wastewater service to the Property; provided, however,that Burleson is not authorized to provide
water and wastewater service to any other area within the corporate limits of Fort Worth located
outside of the Property.
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1.02 The extension of water and wastewater lines, together with any and all other facilities
necessary to provide water and wastewater service to the Property shall be accomplished at no
cost to Fort Worth. Nothing contained herein shall ever be construed as requiring Burleson to
extend its water and wastewater lines to provide service to the Property, and the decision to do so
shall be in the sole discretion of Burleson.
1.03 Burleson agrees to maintain that portion of its water and wastewater system located
within dedicated public easements within the corporate limits of Fort Worth, but excludes any
maintenance requirements for service laterals, which are to be maintained in accordance with
Fort Worth ordinances. Fort Worth agrees that Burleson may impose and collect tap fees,
connection fees, impact fees and other fees associated with providing service.
1.04 The parties hereto agree that all water and wastewater lines, together with any and all
facilities constructed by Burleson to serve the Property shall forever remain the property of
Burleson.
2.
2.01 All water transmission mains and wastewater collection mains necessary for provision of
service to the Property shall be constructed to Burleson standards. Water and wastewater laterals
shall be constructed in compliance with the Building Codes of Fort Worth.
2.02 Burleson shall be solely responsible for inspection of all water transmission mains and
wastewater collection mains constructed for the purpose of providing service to the Property.
Fort Worth shall be responsible for the inspection of the water and wastewater laterals to be
constructed to connect the Property to the water transmission mains and wastewater collection
mains
2.03 Fort Worth agrees that Burleson shall have the authority to perform inspections of the
Property mandated under the Burleson's Water Quality Assurance Program, including the
Backflow Ordinance, Ordinance No. B-641, and the Industrial Waste Discharge Ordinance as
contained in Chapter 10 of the Burleson Code of Ordinances, as amended, and the Burleson
Building Code and Plumbing Code (the "Ordinances"). The parties hereto agree to cooperate in
the enforcement of any provisions of the Ordinances relating to the control of the quality of water
and wastewater, including, to the extent permitted by law, the prosecution for violations of said
ordinances, and any other means provided for by law to compel compliance with said ordinances.
The parties further agree that they will take all reasonable actions to enforce the Ordinances
insofar as they relate to the Property.
2.04 Fort Worth does hereby grant, without charge to Burleson, such easements and rights-of-
way along public streets or other property owned by Fort Worth, as may reasonably be requested
by Burleson required to construct or maintain the water transmission mains and wastewater
collection mains and other facilities necessary to provide water and wastewater service to the
Property.
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2.05 Upon notice from Fort Worth, and at no cost to Fort Worth, Burleson will relocate such
water and wastewater lines and/or other facilities constructed hereunder when located in such
easements or rights-of-way owned by Fort Worth when reasonably necessary for performance of
essential governmental duties by Fort Worth. Essential governmental duties are defined as duties
related to reconstruction or maintenance of public infrastructure and duties necessary to preserve
or protect the health or safety of the public. Burleson will not be obligated to relocate such water
and wastewater lines and/or other facilities to accommodate a private development, including a
roadway realignment, widening, or new construction to accommodate such new development.
The parties agree to coordinate the location of water and wastewater lines and other necessary
facilities to prevent conflicts insofar as is practicable. In the event any water or wastewater
lateral is required to be relocated as a result of the relocation of a water or wastewater main, such
lateral will be performed in accordance with Fort Worth Building Codes.
3.
The parties hereto acknowledge and understand that Fort Worth may extend its water
transmission mains and wastewater collection mains in the future to serve the Property. At such
time as Fort Worth facilities are extended to the Property,the parties agree as follows:
3.01 Any individual requesting service and not receiving service from Burleson shall receive
service only from Fort Worth.
3.02 Any existing customer receiving service from Burleson may request service from Fort
Worth. Fort Worth agrees not to waive any connection charge, or other such charge. If the
existing customer of Burleson should connect to Fort Worth facilities, Fort Worth shall not be
responsible to reimburse Burleson for any costs associated with having provided service to the
customer.
3.03 Neither party hereto shall be entitled to any compensation based upon future earning,
potential revenues, or consequential damages in the event an existing customer of one party
obtains service in the future from the other party.
4.
No provision contained in this agreement shall be construed so as to create any type of
partnership or joint venture between the parties hereto or create any right in a third party.
5.
This agreement is subject to 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, rule or regulation in any forum having jurisdiction.
In testimony whereof, after proper action by the respective governing body of the parties
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hereto, we have caused this agreement to be executed in triplicate copies, each of which is
considered to be an original, and the seals of the respective parties to be affixed on the date above
written.
ATTEST: CITY OF BURLESON
Mary Y,a s ByrA Black
CITY SECRETARY MAYOR
APPROVED AS TO FORM AND LEGALITY
ASST. CITY ATTORNEY
ATTEST: CITY OF FORT WORTH
Marc O loria Pearson
y�e- City Secretary A
y AManager
APPROVED AS TO FORM AND LEGALITY
Contract Authorization
c
ASSISTANT CITY ATTORNEY
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EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
The Property shall include that portion of the City of Fort Worth generally described as follows:
West boundary: Burleson-Ft. Worth city limit boundary adjacent to the M. K. & T. Railroad
East boundary: West right-of-way line of the Interstate 3 5 W west frontage road
North boundary: center line of McAlister Road
South boundary: Burleson-Ft. Worth west/east city limit boundary, west of Interstate 35W, as
established by mutual agreement between the two cities.
The property shall include that portion of the Gateway Station Addition located within the City
of Fort Worth and Lots 1 and 2 of Block 1 of the Sarah Gray Addition.
WABURLESOMAgreements\Water and Wastewater.wpd PAGE 5
City of Fort Worth, Texas
Mayoramd Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 C-19399 60BURLESON 1 of 2
SUBJECT INTERLOCAL AGREEMENT WITH THE CITY OF BURLESON FOR THE PROVISION
OF WATER AND WASTEWATER SERVICE TO GATEWAY STATION ADDITION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
with the City of Burleson for the provision of water and wastewater service to a portion of property
located in the Gateway Station Addition.
DISCUSSION:
The Gateway Station Addition (the Property) is located in the City of Fort Worth. The City of Fort Worth
has the capacity to provide water and wastewater service to the Property, but does not have water and
wastewater lines in close proximity to the Property. The owners of certain lots within the Gateway
Station Addition have requested the City of Burleson to provide water and wastewater service to their
lots.
The City of Burleson is agreeable to extending its water and wastewater facilities to the Property for the
purpose of providing water and wastewater service to certain owners of the lots within the Gateway
Station Addition. The City of Burleson has requested from the City of Fort Worth permission to provide
these services within the corporate limits of the City of Fort Worth.
All water transmission mains and wastewater collection mains necessary for provision of service to the
Property shall be constructed to standards of the City of Burleson. Water and wastewater plumbing
laterals shall be constructed in compliance with the building codes of Fort Worth.
The City of Burleson shall be solely responsible for inspection and maintenance of all water
transmission mains and wastewater collection mains constructed for the purpose of providing service to
the Property. The City of Fort Worth shall be responsible for inspection of the water and wastewater
plumbing laterals to be constructed to connect each building to the water transmission mains and
wastewater collection mains.
The City of Fort Worth agrees that the City of Burleson may impose and collect tap fees, connection
fees, impact fees and other fees associated with providing service. Upon notice from Fort Worth, and
at no cost to Fort Worth, the City of Burleson will move such water and wastewater lines and/or other
facilities constructed hereunder when located in such easements or rights-of-way owned by Fort Worth
when reasonably necessary for performance of essential governmental duties by Fort Worth. The
parties agree to coordinate the location of water and wastewater lines and other necessary facilities to
prevent conflicts, insofar as is practicable.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 C-19399 60BURLESON 2 of 2
SUBJECT INTERLOCAL AGREEMENT WITH THE CITY OF BURLESON FOR THE PROVISION
OF WATER AND WASTEWATER SERVICE TO GATEWAY STATION ADDITION
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT I CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 12/17/02
Additional Information Contact:
Dale Fisseler 8207