Loading...
HomeMy WebLinkAboutContract 7064----------•-----' " CONTRACT FOR SANITARY SEWER SERVICE is�AL (4GVs;� BETWEEN THE CITY SECRETARY CITY OF FORT WORTH, TEXAS CITY SECRETARY AND THE CONTRACT. No....�.. �� FT. WORTH, 111 CITY OF CROWLEY, TEXAS THE STATE OF TEXAS X COUNTY OF TARRANT X THIS CONTRACT AND AGREEMENT made and entered into this d day of _ c a R V , 19 U_, by and between the City of Fort.Worth, a municipal coCorl9tediMayor, oration located in Tarrant County, Texas, acting by and through its duly autR. M. Stovall, and the City of Crowley, a municipal corporation located` n Tarrant -County, Texas, acting by and through its duly authorized Mayor, P e W I T N E S S E T H: WHEREAS, the City of Fort Worth has built or,caused to be built and maintains a sanitary sewerage system including interceptor or collector lines, mains, sub - mains, laterals, sewage treatment facilities and other appurtenances for the purpose. of collecting sewage and other acceptable wastes and transporting same to places of treatment and disposal; and, WHEREAS, the City of Crowley has constructed a sanitary sewerage collection and disposal system within the limits of its own municipality; and, WHEREAS, the City of Crowley has been ordered by the.Texas Water Quality Board to connect its sanitary sewerage system to that of the City -of Fort Worth at a point or points on the Village Creek Collector Sewer Main of the City.of Fort Worth;.and, WHEREAS, the City of Fort Worth, for and in consideration of the performance. of the covenants and agreements hereinafter contained, will accept sewage .from the lines .of the City of Crowley -into its own sewer lines at point or points mutually agreed upon, and to transport-and'.treat .said sewage in the same manner that sewage from within the -limits of ,the City of Fort Worth is transported and treated, NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the execution and -performance of the mutual covenants herein set forth, the City :of Fort Worth and the City of Crowley do hereby covenant and agree as follows:. 1. TERMS AND CONDITIONS a. The City of Fort Worth hereby grants to the City of Crowley the right to connect the sanitary sewerage system of the City of Crowley to the Village Creek Collector Sewer Main of the City of Fort Worth,, conditioned upon the. plumbing facilities of each reaidential,,commercial and industrial connection to the City of Crowley's sewerage system served under the terms of this contract conforming to and being in compliance with standards equal to or better than those established by applicable ordinances governing similar connections within the corporate limits of the City of Fort Worth. b. Any lateral sewer, main or submain serving two or more units of any classi- fication of customer, and which is connected directly or ultimately with the sani- tary sewers of the City of Fort Worth, shall be designed by and the construction supervised by licensed professional engineers. Prior to the construction by the City of Crowley of any lateral sewer, main, or submain which is to be connected directly or indirectly to the Fort Worth Sanitary Sewerage System, two (2) complete sets of the construction plans and specifications of such proposed facilities shall be submitted to the Director of the Water Department of the City of Fort Worth for approval, said plans to include plans and profile drawings, locations, grades, pipe sizes, details, etc., for each of the proposed facilities. The Director of the Water Department shall review, or cause to be reviewed, the plans and specifications submitted and shall approve same by affixing his signa- ture to the plans, provided the standards of construction are not less than the standards for construction of similar sanitary sewerage facilities by the City of Fort Worth. The Director of the Water Department will return one (1) approved set of plans and specifications to the City of Crowley. The City of Crowley specifically agrees to inform the City of Fort Worth when such construction is to start and the City of Fort Worth shall have the right to make inspections while such construction is in progress and to require compli- ance with the approved plans and specifications. c. The City of Crowley will not make any extension of sanitary sewer lines within the extraterrritorial jurisdiction of .the City of Fort Worth without the approval of the City of Fort Worth. In the event the City of Fort Worth agrees to any extension by the City of Crowley of its sanitary sewer service within the extraterritorial jurisdiction of the City of Fort Worth, such extensions shall be of sufficient size and capacity to serve the drainage area involved, and the rates to be charged its customers by the City of Crowley and the compensation to be paid by it to the City of Fort Worth shall be determined and fixed at the time such action is taken, and further, it is contemplated that the cost of the exten- sions within the extraterritorial jurisdiction of the City of Fort Worth shall be proportioned between the parties hereto in accordance with the capacity require- ment of each. d. The City of Crowley shall not make a smaller monthly sanitary sewer service charge for any connection to its sanitary sewerage system than is made by the City of Fort Worth for a similar connection within the Fort Worth City limits. e. The City of Fort Worth agrees to negotiate a loan from the Trinity River Authority of Texas, as a signatory to the Water Pollution Control Compact, to finance twenty-five per cent (25%) of the cost of extending its Village Creek Collector System to connection with the City of Crowley's sanitary sewerage system at the Crowley Sewage Treatment Plant site, along with certain other Village Creek Collector Sewer System extensions. The negotiation of such loan will qualify the -2- City of Fort Worth to apply for a Federal Grant under Public Law 660 in the amount of fifty-five percent (55%) of the collector extension cost, and the City of Fort .Worth agrees to apply -for such Federal Grant. After the foregoing loan.and Federal Grant have been obtained, .the City of Fort Worth will finance the remaining cost of the required col- lector extension. Should the City of Fort Worth be unable to negotiate the loan,through the Trinity River Authority or should the City of Fort Worth not be able to obtain the 55 percent Federal Grant, this contract shall be deemed to be terminated and all of its other provisions shall be null and void. f. As its share of the residual'cost of extending the City of Fort'Worth;'s Village Creek Collector System to connection with the,City_of Crowley's sanitary.sewerage system, after deduction of the Federal Grant described under e. above,_the.City of Crowley agrees to make semi-annual payments to the City of Fort Worth in the amount,of twenty-six percent (26%) of the semi-annual payments to be made by the City -'of Fort Worth --to the Trinity River Authority of Texas to repay the loan to be secured as provided under e. above. Such semi-annual payments shall be made not less than 10 days prior to the due date of .the semi-annual payments to.be made by,the City of Fort Worth to the Trinity River Authority for repayment .of the loan, and such payments shall continue until such time .as the full amount of the loan,has been repaid. The City of Fort Worth shall notify the City of Crowley in writing of the amount of each semi-annual payment"at least 10 days prior to the time it is due.to be,paid by the City of Crowley.Such semi-annual payments to be Made by.the City of Crowley are due and payable in addition to monthly charges for sanitary sewer service as set out elsewhere herein. Payment by the City of Crowley in this matter entitles that city to use of,up to 700,000 GPD of capacity in the Village. Creek Collector components between.the Everman branch juncture and the Crowley Metering Station. 9_ MAINTENANCE OF'SANITARY SEWERAGE SYSTEMS All sanitary sewers, laterals, mains, submains and appurtenances owned by or acquired by the City of Crowley shall be properly maintained in good condition by the City of Crowley, and the City of Fort Worth Shall not have any responsibility or liabi- lity now or ever for the operation or maintenance of said sewers. All sanitary sewers, laterals, submains, mains and appurtenannces.owned by or ac quired by the City of Fort Worth shall be properly maintained in good condition by the City of Fort Worth,, and the City of Crowley shall not have any responsibility or liability now or ever for.the operation or maintenance of same. 3. .RATES 1. RATE TO BE USED The charge rate to be applied under the terms of this contract is the charge rate per 1,000 gallons of metered sewage. An approved metering station shall be included as part of any connection to be made directly to the Fort Worth sanitary sewerage system.. 2. CHARGE RATE COMPOSITION AND OTHER CHARGES The charge rate during this initial period is to be on a metered sewage basis. The charge rate per 1,000 gallons of sewage received into the City of Fort,Worth Sanitary Sewerage System from the City of Crowley shall be $0.110. - 3 - a. The respective portions of the charge rate are shown as follows: Per 1,000 Gallons (1) Treatment facility (a). Rental nharge .$0.0254 (b) Operation and maintenance 0.0365 (2) Transporting facility (a) Rental charge 0.0324 (b) Operation and maintenance 0.0157 Charge Rate $0.1100 3. ADJUSTMENT OF -CHARGE RATE The charge rate shall be reviewed and adjusted every five years. The first such review shall be based on the annual costs of operation for the fiscal year 1972-73. Cost trends including the average rate of increase or decrease in the annual cost. of operation shall be projected to determine a fair adjusted charge rate;and meter service charge. The adjusted rate shall be made effective October 1, 1973. A similar review and rate adjustment shall be made for each succeeding five-year period for the term of the contract. The adjusted charge rate for transporting and treating sewage from the City.of Crowley's sanitary sewerage system shall be determined in:the following manner a. The portion of the charge rate relating to rental charge -for transporting facilities is $0.0324 per 1,000 gallons. This portion of the charge rate shall be subject to adjustment if enlargement of collector facilities serving Crowley,is required at some future time.- Such adjustment of the rental charge can be made based on a rate study prepared by a firm of rate consultants, or on any other basis mutually agreeable to the two cities. b. The portion of the charge rate relating to rental charge for treatment facilities shall vary as the product of $0.0254 multiplied by the result obtained by dividing the average construction cost per million gallons'of.sewage treatment capacity at the Fort:Worth Village Creek Sewage Treatment Plant in existence at the time of such recomputation by $163,400. The average construction cost is defined as the total final cost for all existing facilities at -the Fort Worth Village Creek Sanitary Sewage Treatment Plant at the time of such recomputation divided by the total capacity in millions.of gallons per day of such existing facilities in use. at the time of recomputation. ($16,3,400 is to be taken as the average construction cost per million gallonsper. day of treatment capacity in use at the time of execution of this contract.) c. The portion of the charge rate relating to sewage treatment plants -operat- ing and maintenance costs shall vary as the product of $0.0365 multiplied;"by the result obtained by dividing the combined total costs of operating and maintaining all City of Fort Worth Sewage Treatment Plants per million gallons of sewage treated in such plants, less net revenues from the sale of any sewage effluent, during the - 4 - fiscal year most recent to the time-of'such recomputation adjusted to reflect anticipated trends in such costs over,the five years to be,governed by the recomputed charge rate, by $35.48. (The $35.48 amount was the cost.per.million gallons of sewage treated during the fiscal year 1967-68 for operation and maintenance of all, City of Fort Worth, Sewage Treatment facilities.) d. The portion -of the charge rate relating to transporting and metering facilities maintenance cost shall vary as the product of $0.0157 multiplied by the result obtained by dividing the average expenditure per mile of sanitary sewer in the,. Fort Worth sanitary sewage collection system for maintenance of that system -during the fiscal year most recent to the time of such recomputation, adjusted;to reflect anticipated trends in.such costs over the five years to be governed by the recom- puted charge rate,.by $423.60. (The $423.60 amount was the average cost per mile of sewer in the Fort Worth sewage collection system during the fiscal year 1967-68 for maintenance of that system.) e. The revised charge rate shall be taken as the sum of the determination made- tinder adeunder a. above added to the results of the computation described in b., c., and d. 4. PAYMENT FOR SANITARY -SEWER SERVICE Payment of charges to,the City of Fort Worth for sanitary sewer services used by.the City of Crowley shall be made as follows: a. The billing period shall be either the calendar month or a 30 -day period:, Initially the billing period shall be the calendar month. The City of Crowley shall make payment of the charges to the City of Fort,Worth,within 10 days following each such period. The billing period and payment date may be changed by written agreement by the Director of the Fort Worth Water Department and the Mayor of the City of Crowley. b. Records Available: The City of Crowley agrees to furnish a current statement showing the number and types of sewer connections to its sanitary sewerage system for said preceding month when requested by the City of Fort Worth. c. The City of Fort Worth shall bill the City of Crowley at each billing date for services rendered during the billing period preceding such billing date an amount equal to the sum of: 1. The sum of money obtained by multiplying by the then appropriate charge rate per 1,000 gallons, the total number of thousands of gallons of sewage flowing from the City of Crowley sewage system into the Fort Worth sanitary sewerage system during the billing period. 2. The costs incurred.by the City of Fort.Worth in sampling and analyzing the sewage produced by industries connected to the City of Crowley sanitary sewerage system. - 5 - 5. METERING STATIONS The construction of metering stations may be made by the City of Fort Worth or by the City of Crowley, but all construction costs including meter, recording and transmitting devices and the site acquisition, will be an expense of Crowley. Each metering.station shall be equipped at Crowley expense, with an electrically operated, flow recorder equipped to W talize,and transmit data to the Village Creek Plant, and it is further agreed that all metering stations shall be equipped with such flow recording and transmitting equipment as may be required by the City of Fort Worth to adequately measure, record,and monitor sewage flows. The City of -Fort Worth shall operate and maintain the installed sewage flow metering stations in good order at all times and record the total volume of sanitary sewage delivered into the. Fort Worth sanitary sewerage system.during each subsequent billing period. Metering stations shall be accessibly located. Both parties have the right to observe per- formance of metering devices at any time. Both the City of Fort Worth and the City of'Crowley shall have the right to test any metering stations at any time by first giving the other party notice of its intention to make such a test and therefore give -reasonable opportunity to the other party to have representatives participate in such test. Should any malfunction be observed at any time, it shall be the duty of each party immediately to notify the other, and correction of such malfunction shall be made promptly by the City of Fort Worth.. When any,metering station is in. need of major repairs, such as the replacement of major equipment components or conversion to different types of measuring device, the City of Crowley shall be consulted prior to the beginning of such repairs or modifications. In the event any new or additional metering stations are deemed necessary, the City of Crowley shall be consulted prior to installation. N INDUSTRIAL CONNECTIONS AND WASTES No person, firm or corporation operating or maintaining any commercial, manu- facturing or industrial establishment discharging into the sewers any'"industrial waste," -as defined in the Code of the City of Fort Worth and amendments thereto,, shall have the right hereunder to connect,.directly or indirectly, to the sanitary, sewerage system of the City of Fort Worth unless prior approval is granted by the Director of the Fort Worth Water.Department; and it is understood,that no such approval shall be granted unless the.quality of the waste to be introduced, is controlled in compliance with the pertinent ordinances, rules and/or regulations of the City of Fort Worth governing such industrial wastes. All provisions and terms relating to industrial wastes and industrial connections contained in said City Code and amendments thereto are referred to and incorporated herein the same as if set out verbatim. The City of Crowley agrees to cooperate with the City of Fort Worth in in- specting industrial wastes produced by all industries connected to the Crowley sanitary sewer system in order to determine the quality of sewage introduced into its sanitary sewer system by such industries. Crowley agrees, at any or all reasonable times requested by Fort Worth, to permit an authorized City of -Fort, Worth,inspector to participate in such inspections. Such inspections may include, but will not be limited to, sampling the ,sewage produced by.industries connected to the City of Crowley Sanitary Sewer System. EK:� 1 � i Further, the quality of the sewage delivered into the Fort'Worth Sanitary Sewerage System from the sanitary sewerage system of the City of Crowley shall be equal to or better than the quality standards established by current or future ordinances of the City of Fort Worth, regulating industrial wastes to.be injected into the Fort Worth sanitary sewerage system, from connections.,within corporate boundaries of the City of Fort Worth., and the City of Crowley covenants and agrees to be liable for andassume the same surcharge penalties for violation of such quality standard applicable to a producer of industrial wastes located within the corporate boundaries of the City of Fort Worth. In the event that any such violation occurs, the City of Fort Worth will notify the City of Crowley of the,existence thereof and the City of Crowley covenants and agrees to correct same. 7. REGIONAL AUTHORITY If the City of Fort Worth should elect at some future time to be designated as a Regional Authority or agency, by a duly authorized regulatory body, or if the City assumes the responsibility as a Regional Authority, or if the City should elect to contract with a regional authority to provide all or a part of the services covered by this agreement, it is ;agreed that the terms of this contract shall.be modified to conform with the requirements of the regional.authority and that the charges paid by the City of Crowley to the City,of Fort Worth for services, to be performed by.the regional authority shall not be less than the charges paid by the City of Fort Worth to the regional authority for such services. 0 LIFE OF CONTRACT The life of this contract shall be thirty-two (32) years from the date of its execution, and thereafter shall be subject to renegotiation between the parties hereto. It is contemplated by the parties hereto that the basis for renegotiation for. this agreement upon its expiration will have as its object computing a fair charge for services that recovers all costs direct and indirect that might be incurred by the City of Fort Worthin providing such services.,. a EFFECTIVE DATE FOR BILLING The effective date of this contract for billing purposes'shall be the first day of the month following the month during which the first introduction of sewage into the City of Fort Worth's system under the terms of this agreement occurs. - 7 - 10. The City of Fort Worth and the City of Crowley each binds itself, its l� successors and assigns, to the other party to this agreement and to the successors and assigns of each other party with respect to all covenants contained in this agreement. Neither party hereto shall assign, sublet or transfer any rights hereunder without the written consent of the other party. IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the parties hereto, we have caused. these presents to be executed in quadruplicate copies, each of which is considered to be -an original, and the seals of the respect- ive parties are hereto affixed on the date hereinabove set forth. ATTEST: City Secretary CITY OF FORT WORTH t B Y : 14 '6-� City Manager APPROVED AS TO FORM AND LEGALITY: t 6* r, .1 0 City Attorney APP OFort D: ire h Water Department ;ATTEST: /ASTO Secretary APPROVED FORM AND LEGALITY: ity Attorney I-10 C ITY OYCRO LEY By: Mayor City of Fort Worth &x?es". )4ayor dnd council Communication DATE REFERENCE SUBJECT: Sanitary Sewer Service Contracts PAGE NUMBER with Burleson and gWj .v, and Agree- 1 of 2 2/28/72 C-2180 ment with Trinity River Authority, Village Creek Collector Sewer On October 18, 1971 (M&C C-2098), the Council was advised of the proposed plan to construct the Village Creek Sanitary Sewer Collector to the Burleson and Crowley Sewage Treatment Plants and the proposed method of financing including the use of Trinity River Authority bonds. The employ- ment of consulting engineers was authorized to prepare plans and specifica- tions. Preliminary plans have been completed so that long term sanitary sewer service contracts and the Memorandum of Agreement with the TRA are needed in order to apply for a 55 per cent grant to the Environmental Protection Agency under Public Law 660. Cost to the City of Fort Worth Funds allocated in the 1965 bond program included $370,000 for construction of Village Creek Collector south 10,300 feet from the present terminus at the Everman Branch, The proposed Village Creek Collector will extend eaut'h approx- imately 43,580 feet to the Burleson Plant and approximately 20,800 feet along Deet Creek to the Crowley Plant at a 6o-st-of approximately $416,000 to the City of Fort Worth. Bond funds are available for the additional cost. Memorandum of Agreement The Trinity River Authority agrees to pay, for and on behalf of the State of Texas, not less than 25 per cent of the project cost through the issuance of its bonds. The City reserves the right to terminate or modify the Agreement. Summary of Contract Provisions The proposed contracts have been }prepared in accordance with the standard policy' of the City for the treatment of sanitary sewage from neighboring communities and have been approved by the City Councils of Burleson and Crowley. With the exceptions noted below, the contracts are identical for each of the two cities, and they include the following provisions: Rates. The rate charged the Cities of Crowley and Burlison are based on the completed cost of operation and maintenance and the pro rata capital cost of Fort Worth facilities used in transporting and treating sewage from the two cities, all in accordance with the standard charge rate established by the City Council for providing sanitary sewer service to neighboring communities. The charge rate is $0,1000 per thousand gallons of sewage for the City of Burleson and $0.1100 firer thousand gallons of sewage for the City of Crowley. Each city will be required to pay the operation and maintenance costs of the metering facilities monitoring its sewage. The charge rates will be reviewed and adjusted every five years, In order to conform with contracts with other cities, the first review will be based on the DATE REFERENCE SUBJECT: Sanitary Sewer Service Contracts PAGE NUMBER with Burleson and Crowley, and Agreement 2 2 2/28/72 C-2180 with Trinity River Authority, Village °f Creek Collector Sewer cost of operations, fiscal year 1972-73. Cost trends will be projected to de- termine the fair adjusted charge rate and metering service charge. The initial adjusted charge rate will be effective October 1, 1973. A similar review and rate adjustment shall be made for each succeeding.fivemyear period of the lift of the contract. The City of Burleson will make semi-annual payments, in addition to the monthly charges for service rendered, for 74 per cent of the semi-annual payments to be made by the City of Fort Worth to the Trinity River Authority. The City of Crowley will make semi-annual payments, in addition to the monthly charges for services rendered, of 25 per cent of the semi-annual payments to be made by the City of Fort Worth to TRA for the loan retirement. Regional Authority.. If the City of Fort Worth elects at some future time to be designated as a Regional Authority by the State of Texas or if the City should elect to contract with a Regional Authority to provide all or part of the ser- vices covered by these contracts, the terms of the contract would be modified to conform with requirements of the Regional Authority, and charges paid by the two Cities to the City of Fort Worth for services to be performed by the Regional Authority shall not be less than the charges paid by the City of Fort Worth for such services. Term of Contract. The life of each of the two contracts shall be 32 years from the date of their execution. Recommendation It �s recommended that 1. The contract to provide sanitary sewer service to the City of Burleson be approved and the City Manager be authorized to execute the contract, 2. The contract to provide sanitary sewer service to the City of Crowley be approved and the City Manager be authorized to approve the contract. 3. The City Manager be authorized to execute the Memorandum Agreement be- tween the City of Fort Worth and the Trinity River Authority of Texas providing for the Trinity River Authority of Texas to assume under the Water Pollution Control Compact, the State of Texas responsibility for financing the cost of a portion of the Village Creek Collector Exten- sion project. RNL.mhg Attachment SUBMITTED BY: CITY MANAGER DISPOSITION BY COUNCIL: ❑ APPROVED ❑ OTHER (DESCRIBE) PROCESSED BY CITY SECRETARY DATE