HomeMy WebLinkAboutContract 20141 ^CfIIT�Y SEChRI ET,,Q�Y
A52
WHOLESALE WASTEWATER CONTRACT
STATE OF TEXAS $
COUNTY OF TARRANT S
This contract made and entered into this, the day
of 1994, by and between the City of Fort Worth,
Texas, a municipal corporation, acting herein by and through its
Assistant City Manager, Mike Groomer, who is duly authorized so to
act, hereinafter referred to as "Fort Worth, " and the City of
Rennedale, Texas, a municipal corporation, acting herein by and
through its City Administrator, Ted Rowe, 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
LAI,
Pj�41JHDiWHEREAS, Fort Worth is required to comply wilun=irA' itreatment methods for wastewater as set forth in fe flmtent
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
waters and water resources; and
WHEREAS, Customer desires to contract for wastewater treatment
service for a particular area located within Customer's service
area, and Fort Worth is agreeable to provide wastewater treatment
service to that particular area of Customer's service area; and
WHEREAS, Sections 402 .001 and 402.075 of the Texas Local
Government Code and Chapter 791 of the Texas Government Code
authorize 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. Definitions
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 seq. ) .
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 standard primary
device procedures and calibration signals and/or a separate flow
measurement instrument.
1 .4 Customer System - That portion of Customer's
facilities within the particular service area described in Exhibit
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"A" attached hereto and incorporated herein. Used for pretreatment,
collection and transportation of wastewater to the point of entry.
1 .5 Delivery facilities - That portion of Customer's
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, solely limited to that particular service area described
in Exhibit "A" .
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 appurtenances, and all
major collectors and interceptors that are eighteen inches ( 1811 )
and greater in diameter.
1. 11 Indirect Discharge - The discharge or the introduction
of industrial wastes from any source regulated under Section 307(b)
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or (c) of the Act, (33 U.S.C. 1317 ) , 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, manufacturing 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 not 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
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and/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 . 19 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 Point 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 Pretreatment - 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. 10880 and any amendments thereto, and the
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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
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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 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
"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
interceptors that are eighteen inches ( 18" ) and greater in diameter
and lift stations, if any, associated therewith.
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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 The parties hereto covenant and agree that this contract
solely provides for wastewater service to that portion of
Customer's service area described in Exhibit "A" attached hereto
and incorporated herein. Nothing contained herein shall be
construed so as to affect the existing contract between the parties
hereto, same being City of Fort Worth City Secretary Contract No.
7182 , as amended by City of Fort Worth City Secretary Contract Nos.
7927, 9047 and 13391, it being the intent of the parties that this
agreement is strictly limited to that portion of Customer's service
area described in Exhibit "A. No addition to the area being served
hereunder shall be permitted except by written amendment to this
contract. Any and all references to service area, customer system,
impact fees, metering and sampling facilities and the like
contained herein are also limited to that area described in Exhibit
"A" .
2.2 Fort Worth agrees to accept all wastewater generated from
Customer's service area described in Exhibit "A" at the point of
connection as shown on Exhibit "B", attached hereto and
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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 "B" 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.
2 .4 Unless mutually agreed to in writing by Fort Worth and
Customer, Customer shall be responsible for the design,
contracting, 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 retail service to any new customer whose need for
wastewater service would exceed 500,000 gallons per day without
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written notice to and the written approval of 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.
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 such 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
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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 Fort Worth shall have the right to use the flume
described in paragraph 7 . 1 hereof for purposes of metering and
sampling. Fort Worth, at its sole discretion, may install such
additional facilities as may be necessary, including, but not
limited to the installation of electricity and other equipment, to
place in operation a metering station located at or near the flume.
Any costs incurred by Fort Worth under this section shall be a
system cost. If Customer constructs the additional 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:
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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
6. 1 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 for Fort
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Worth 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 Customer when reasonably necessary to the performance of
essential governmental duties by Customer.
6.2 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
for Customer 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.
6.3 All work done by or on behalf of Fort Worth under this
Section 6 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.
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7 . Metering and Sampling
7 . 1 Customer agrees to have its engineer consult with Fort
Worth on the installation of a flume at or near the point of
connection to the Fort Worth System and within the delivery
facility. Customer is responsible for the cost of the design of
the flume and the design must be approved in writing by the
Director prior to installation and connection to the Fort Worth
System. The cost of the installation of the flume shall be borne by
Customer.
7 .2 The parties agree that as of the date of this contract,
the wastewater to be introduced into the Fort Worth system by
Customer will not be recorded by a meter. The volume of wastewater
for billing purposes will be determined by using the total water
sold by Customer to consumers located within the service area
described in Exhibit "A" plus 1% for infiltration and inflow,
provided, however, that any water sold by Kennedale within the
service area that is measured by an irrigation or yard meter and
which is not connected to the sanitary sewer system shall not be
included in calculating the total water sold. Customer will be
responsible for providing to Fort Worth data each month of all
metered water. This data will be provided by Customer to Fort Worth
no later than the 5th of each calendar month. Upon activation of
the meter, billing will be based upon the readings from the meter
registering the volume of wastewater flowing through the meter.
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7 . 3 At such time as the Director may determine in his/her
sole discretion, a meter may be installed. The cost of same shall
be that as provided for in Section 5.2 hereof.
7 .4 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.
7 .5 All readings of meters will be entered in ink upon bound
journals maintained by Fort Worth. Customer shall have access to
such records during reasonable business hours and shall be
furnished with monthly totalizer readings for each point of entry
metering and sampling facility.
7 .6 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 .7 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
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( 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.
7.8 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
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 .9 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 be done
in accordance with the wholesale wastewater customer monitoring
handbook, dated October, 1990, prepared by Gutierrez, Smouse,
Wilmut and Associates, Inc. , as it may be amended from time to
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time. 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 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 . 10 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.
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7 . 11 If Customer disputes Fort Worth results of analyses and
the parties hereto cannot settle such dispute, such dispute will be
determined by third party arbitration.
7 . 12 All costs incurred by Fort Worth under this section
will be considered to be a system cost.
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 provided for in Section 8 .4 hereof. The
independent utility rate consultant shall be selected by the
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 customer class
shall include allocated reasonable and necessary operation and
maintenance expenses, 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
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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 ( 1-1/2%) .
8.4 For the fiscal years beginning October 1, 1995, 1998,
2001, 2004, 2007, 2010, 2013, and 2016, a complete detailed rate
study will be performed by an independent utility rate consultant
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selected by the Director in conformance with Section 8. 1 hereof.
The same methodology as used in the immediate previous rate study
will be utilized by the utility rate consultant so selected. 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 most current
twelve month period ending September 30th, adjusted for known and
measurable changes in cost data which may have occurred since the
last audited statement.
8.5 Changes in the wholesale wastewater rate methodology
will be allowed if recommended by a majority of the Wastewater
System Advisory Committee and approved by the Fort Worth City
Council. For purposes of the section, a majority is defined as any
combination of Wholesale Customers contributing a total of more
than fifty percent (50%) of the wholesale sewage flow in the
immediate past fiscal year.
8.6 The charges for the initial period of this contract shall
be from the date of its execution through September 30, 1993, and
are as follows:
Volume Charge $0.3542 per 1000 gallons
BOD Strength
Charges $0. 1723 per pound of BOD
TSS Strength
Charges $0. 1389 per pound of TSS
Monthly Billing Charges $75 .00
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8. 7 Bills for wastewater treatment and disposal service
shall be rendered to Customer monthly by Fort Worth. All such
bills shall be due and payable by 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.
8.8 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
charge of ten percent ( 10%) per annum calculated from the date
payment of the disputed bill was received.
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8.9 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 . 10 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. 11 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.
8. 12 If a court, the Texas Water Commission, or any federal
or state regulatory authority finds that Fort Worth's rates,
policies, or methodologies for calculating rates for the collection
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and/or treatment of wastewater delivered by Customer to Fort Worth
under this agreement are unreasonable or otherwise unenforceable,
Fort Worth has the option to terminate this agreement without
liability to Customer. By signing this agreement, Customer
stipulates and agrees that Fort Worth and its other customers will
be prejudiced if Customer avoids the obligation to pay the rates
for the wastewater services specified in this agreement while
accepting the benefits of obtaining such services from Fort Worth.
Nothing in this agreement shall be construed as an undertaking by
Fort Worth to furnish wastewater services to Customer except
pursuant to this agreement. If Customer initiates or participates
in any proceeding regarding Fort Worth's rates, policies, or
methodologies for calculating rates under this agreement and
advocates a position that is adverse to Fort Worth and Fort Worth
prevails, Customer shall pay Fort Worth for its expenses including
attorney's fees in the proceeding within fifteen ( 15) days after
Fort Worth's demand for payment. Customer stipulates and agrees
that the rates, policies and methodologies for calculating rates
are just, reasonable and without discrimination.
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 intent to connect. Customer shall provide the
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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
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 Customer by Fort Worth, Customer
grants to Fort Worth the right to enter Customer's jurisdiction if
24
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. 10880 and any necessary and reasonable amendments
thereto, (attached hereto and marked as Exhibit "C" and made a part
hereof for all intents and purposes) 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. 10880, 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 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
25
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.
10880, 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.
11. Resale of Wholesale Wastewater Services
11. 1 Customer is prohibited from providing wholesale
wastewater services without the prior recommendation of the
Wastewater System Advisory Committee and without the prior written
consent of the City Council of Fort Worth. Customer s:,all provide
26
the Director a copy of the proposed contract with its wholesale
customer.
11 .2 If the consent as required in Section 11 . 1 is given,
Customer shall require its wholesale customer 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 or the Standard Specifications for Public
Works Construction issued to the North Central Texas Council of
Government. 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, drainage areas, streets, gutter
drain or other source into its sanitary sewer system.
13. Sludge Disposal
Customer recognizes the importance of utilizing sludge in a
timely and proper manner. Customer will cooperate with Fort Worth
27
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
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
28
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 ( 10%) 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: Actual number of
customer accounts discharging directly or indirectly into the Fort
Worth System and/or Customer System within their respective service
areas; 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.
Either party may request additional data which may assist them
in developing methodology for cost of service studies, planning
studies for analyzing federal grants, and wholesale system access
fees; provided, however, that neither party shall request data that
will require the other 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:
29
City of Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Customer: City Administrator
City of Kennedale
209 North Hope Rd
Kennedale, Texas 76060
The parties hereto shall indicate in writing any change that may
occur in such respective addresses from time to time.
19. Inspection 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.
20. Consent
20. 1 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
30
consent or approval in any manner it shall deem advisable; however,
consent will not be unreasonably withheld.
21. Waiver, Remedy, Severability
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
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.
31
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 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
contract must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer
32
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 its collection system and the
discharge into the Fort Worth 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
This contract shall expire on September 30, 2017 and
thereafter shall be subject to renegotiation between the parties
hereto.
25. Force Majeure
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
beyond the control of the parties, including but not limited to,
the failure of facilities, flood, earthquake, tornado, storm, fire,
33
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
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
34
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;
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
35
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;
g. 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.
k. The provision of wholesale wastewater service without the
prior written consent of the City Council of the City of Fort
Worth.
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.
36
Any failure by Fort Worth to so terminate this agreement or
the acceptance by Fort Worth of any benefits under this agreement
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 Fort Worth
a Wholesale System Access Fee for each new or enlarged connection
37
for wastewater service made within Customer's service area served
by the General Benefit Capital Facilities of the Fort 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.
38
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,
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, 1993, Fort Worth will
update the land use assumptions and capital improvements plan upon
which the Wholesale System Access Fees are based. In June 1993 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
39
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
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.
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.
40
28.9 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
representative -to be a voting member of the Wastewater Advisory
Committee, 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. 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 as of the date of connection of the
Customer system to the Fort Worth System.
31. Miscellaneous
31 . 1 This agreement is subject to all applicable federal and
state laws and any applicable permits, ordinances, or amendments
41
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 .2 The Customer agrees to abide by any changes in this
agreement made necessary by any amendment or revision to state or
federal regulations.
31.3 Upon prior notice by Fort Worth, any duly authorized
employee of Fort Worth bearing proper credentials and
identification 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.
31.4 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
42
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 .5 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 .6 Section headings in this agreement are for convenience
only and do not purport to accurately or completely describe the
contents of any section. Such headings are not to be construed as
a part of this agreement or any way defining, limiting or
amplifying the provisions hereof.
31 .7 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
43
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.
31 .8 Customer agrees to notify Fort Worth in writing within
five (5) business days in the event that Customer issues any type
of permit authorizing the drilling of a water well or becomes aware
that a water well has been drilled within the service area
described in Exhibit "A" .
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
ATTEST: CITY OF F RT W RTH
By:
City Secretary City Man ger
APPROVED S TO FORM AND LEGALITY:
�rCDate:
City Attorn
14&-7
d
Contract Authorization
44 Date
ATTEST: CITY OF KENNEDALE
t 4 By : -
Ci Ly Seurtftary Ci Ly Adm"1x-lPi ra or
APPROVED AS TO FORM AND LEGALITY:
DaLe:
C y A L Lor ley
45
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBERNAME PAGE
01/25/94 **C-141597 60KENN 1 of 1
SUBJECT I CONTRACT FOR WHOLESALE WASTEWATER SERVICE WITH THE CITY OF
KENNEDALE TO SERVE A PORTION OF KENNEDALE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract for
wholesale wastewater service with the City of Kennedale to serve a portion of Kennedale.
DISCUSSION:
Approximately 30 years ago when the City of Fort Worth acquired an easement for the Village
Creek Collection Sewer main, a provision was included in the easement agreement for a
connection to the sewer line for the owner of the property. Several months ago the City received
a request from the property owner to proceed with the connection.
Since the track of land is located within the City of Kennedale, it is proposed that this property
be served by Kennedale under a wholesale wastewater contract between the cities. The contract
is limited to provision of wastewater service for this property and does not replace or affect
Kennedale's other wholesale wastewater contract, which expires in the year 2003. The contract
is an amended uniform wholesale contract, similar to those Fort Worth has with 20 other
wholesale customers.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the Customer Service Division of the Water
Department is responsible for collecting revenue under the agreement.
MG:I
Submitted for City Manager's FUND ACCOUNT CMVnM AMOUNT CITY SRCR=TARY
Office by: (to) n
PE45 493052 0701000 Arr�PR,(,) ED
Mike Groomer 6140 CITY OI UNCIL
Originating Department Head:
25 wy�
Richard Sawey 8207 (from)
For Additional Information
Contact: city of: t:tvwk Toxat
Richard Sawey 8207 - '