HomeMy WebLinkAbout08-30-10 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the 7:00 p.m. posted start time.
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Mission Statement
TOWN OF WESTLAKE, TEXAS
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL MEETING
AGENDA
August 30, 2010
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
Workshop Session: 4:00 p.m.
Regular Session 7:00 p.m.
Workshop Session
1. CALL TO ORDER
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 30, 2010,
COUNCIL REGULAR MEETING AGENDA.
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3. PRESENTATION AND DISCUSSION OF THE PROPOSED CONTRACT WITH THE
CITY OF FORT WORTH RELATED TO THE WHOLESALE PURCHASE OF TREATED
WATER.
4. PRESENTATION AND DISCUSSION OF THE REGIONAL TRAIL PLAN AND THE
FM 1938 PROJECT.
5. ADJOURNMENT
Regular Session
1.
2.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
3. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for
citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council cannot by law take action nor have any discussion or deliberations on any
presentation made to the Council at this time concerning an item not listed on the
agenda. The Council will receive the information, ask staff to review the matter, or an
item may be noticed on a future agenda for deliberation or action.
4. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on June 28, 2010.
b. Consider approval of the minutes from the meeting held on August 20, 2010.
c. Consider approval of Resolution 10-21, Approving the destruction of the Town
and TSHA records in compliance with the Texas State Library and Archive
Commission schedules.
d. Consider approval of Resolution 10-22, Authorizing continued participation with
the Atmos Cities Steering Committee and authorizing payment of two cents per
capita to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation.
e. Consider approval of Resolution 10-23, Appointing a member to the Public Arts
Society.
f. Consider approval of Resolution 10-24, Authorizing the Town Manager to
execute an Agreement for Water Service between the Town of Westlake and the
City of Fort Worth, Texas relating to the wholesale purchase of treated water.
g. Consider approval of Ordinance 624, Consenting to assignment of Ordinance
No. 408 to Allied Waste Services.
5. CONSIDERATION AND DISCUSSION TO APPOINT A NEW COUNCIL MEMBER.
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6. CONSIDERATION AND DISCUSSION TO APPOINT A MAYOR PRO TEM.
7. CONSIDERATION AND DISCUSSION ORDINANCE 643, CONCERNING THE
PROHIBITED USE OF A CELL PHONE IN A SCHOOL ZONE.
8. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-25, AMENDING THE
FY 2009-2010 MUNICIPAL BUDGET FOR THE ARTS & SCIENCES BUILDING.
9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
10. COUNCIL RECAP / STAFF DIRECTION
11. COUNCIL CALENDAR
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
September 27, 2010
- Council Meeting (adoption of budget)
Sept. 29, 2010
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
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12. ADJOURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Ste.
202, August 25, 2010, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government
Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on June 28, 2010.
b. Consider approval of the minutes from the meeting held on August 20, 2010.
c. Consider approval of Resolution 10-21, Approving the destruction of the Town and
TSHA records in compliance with the Texas State Library and Archive Commission
schedules.
d. Consider approval of Resolution 10-22, Authorizing continued participation with
the Atmos Cities Steering Committee and authorizing payment of two cents per
capita to the Atmos Cities Steering Committee to fund regulatory and related
activities related to Atmos Energy Corporation.
e. Consider approval of Resolution 10-23, Appointing a member to the Public Arts
Society.
f. Consider approval of Resolution 10-24, Authorizing the Town Manager to execute
an Agreement for Water Service between the Town of Westlake and the City of Fort
Worth, Texas relating to the wholesale purchase of treated water.
g. Consider approval of Ordinance 624, Consenting to assignment of Ordinance No.
408 to Allied Waste Services.
Town of Westlake
Item # 2 –
Review of Consent
Agenda Items
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular Workshop Meeting of August 30, 2010
Date: August 24, 2010
Presentation and discussion of the proposed contract with the City of Fort Worth related
to the wholesale purchase of treated water.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Infrastructure maintenance and planning
Much like our neighboring communities, the Town of Westlake’s water is provided by
the City of Fort Worth through a wholesale water contract that is scheduled to expire on
December 31, 2010. The current contract was created approximately 20 years ago and
has proved to be a sound agreement. Therefore, when drafting the proposed contract,
Fort Worth used it as the template. However, the new contract contains new revenue
sources as well as increasing fees. Staff has worked for several months with our
neighboring cities to address concerns related to key issues that were provided in the
initial draft wholesale contract. There was a great amount of time spent by all parties
debating the justifications, legalities, and impacts of the new contract stipulations.
Customer cities also collectively met with the City of Fort Worth throughout the period
of contract negotiations.
BACKGROUND
Exhibit A – Agreement for Water Service
ATTACHMENTS:
June 28, 2010
Voting Members and Alternates
Wholesale Customer Advisory Committee
Re: Agreement for Water Service and Final Adoption Schedules
Enclosed please find the final draft of the revised Agreement for Water Service. Since
my last letter we have met with a group of Customers and made two significant
changes:
Street Rental – Definition 1.25 establishes the Street Rental percentage at 5%. Street
Rental can only be increased one percentage point every five years beginning in 2016
and shall never be increased to exceed the percentage charged to the natural gas
franchised utility in Fort Worth or Fort Worth Retail customers, whichever is less. Street
Rental will also not be charged on PILOT.
Transfers from General Fund – In Section 6.1.2 we struck from the list of items included
in System Cost “any lawfully imposed transfers from the General Fund” and instead
specifically listed Street Rental and Payment in Lieu of Taxes.
We believe these changes have substantially addressed the concerns of a number of
Customers. Three copies of the final Agreement are enclosed along with a redline copy
showing the changes discussed above.
As shown in the attached redline of the agreement, showing changes from the draft that
was sent to you on June 11, 2010, we have included several other clean-up changes.
We updated the table of contents, added two missing “§” symbols in 2.6; added
“including pipelines” to clarify a question about the term “special facilities” in § 3.3; and
changed the termination date from September “31” to September 30 in Article 9.
We would like for all Customers to take the Agreement to their Governing Bodies in
July. We need to have them approved by July 31 so that we may proceed with approval
by the Fort Worth City Council. Please contact Skipper Shook at 817-392-8402 or by
email at Robert.Shook@fortworthgov.org with your expected Approval Date. Once
your Governing Body has approved, please return the three executed copies to him at
Water Department, 1000 Throckmorton, Fort Worth, TX 76102.
June 9, 2010
Page 2
Please feel free to call me at 817-392-8246, and thank you for your continued work on
this process.
Yours truly,
S. Frank Crumb, P.E.
Water Director, City of Fort Worth
Cc: Fernando Costa, Assistant City Manager
AGREEMENT FOR WATER SERVICE BETWEEN
THE CITY OF FORT WORTH, TEXAS, AND
_________________________, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Contract and Agreement (“Agreement”) is made and entered into this __ day of
_________, 20__, by and between the City of Fort Worth, a municipal corporation located in
Tarrant County, Texas, acting by and through _____________, its duly authorized Assistant City
Manager, hereinafter called “Fort Worth,” and ___________________, located in ________
County, Texas, acting by and through _____________, its duly authorized ____________,
hereinafter called “Customer,” and hereinafter collectively referred to as the “Parties”.
WHEREAS, Fort Worth has provided at its own expense, and now owns, operates and
maintains facilities for processing and distributing a large supply of surface water, and at the present
time, is qualified to furnish and deliver treated water, both within and without the corporate
boundaries of Fort Worth;
WHEREAS, Customer has provided at its own expense and now owns, operates, and
maintains a distribution system, and furnishes water service to the customers within its boundaries;
WHEREAS, Customer does not have and cannot provide economically and within a
reasonable period of time, any other source of water supply, fully adequate to meet its present
and/or future needs or potential emergency needs;
WHEREAS, it is deemed to be in the best interest of both Fort Worth and Customer that the
Parties enter into a mutually satisfactory agreement by means of which Customer may obtain from
Fort Worth a supply of treated water at a reasonable rate;
WHEREAS, by the execution of this Agreement, neither Fort Worth nor Customer will surrender
any of its rights to the ownership and operation of its present water production and distribution
facilities;
WHEREAS, Customer desires to continue to contract for the purchase of treated water and
Fort Worth desires to continue to sell treated water to Customer;
WHEREAS Customer and Fort Worth desire to provide for reasonable wholesale contract
rates for the purchase of treated water sufficient to assure confidence in the financial soundness of
the Fort Worth utility, adequate to maintain and support the utility’s credit and sufficient to
enable Fort Worth to raise the money necessary for the proper discharge of its public duties in the
provision of water service and
WHEREAS, Chapters 552 of the Texas Local Government Code and 791 of the Texas
Government Code authorize Fort Worth and Customer to enter into this Agreement.
Agreement for Water Service 2
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS that for and in consideration
of the mutual covenants, promises and agreements contained herein, Fort Worth and Customer
do hereby covenant and agree as follows:
Table of Contents
ARTICLE 1. Definitions...........................................................................................................5
1.1 Annual Consumption....................................................................................................5
1.2 Average Daily Use........................................................................................................5
1.3 Calendar Day................................................................................................................5
1.4 Capital Improvements...................................................................................................5
1.5 Chapter 395...................................................................................................................5
1.6 Customer’s Service Area..............................................................................................5
1.7 Customer System..........................................................................................................5
1.8 Delivery Facility...........................................................................................................5
1.9 Director.........................................................................................................................5
1.10 Emergency.....................................................................................................................5
1.11 Equivalent Meters or EM..............................................................................................5
1.12 Facility Expansion........................................................................................................6
1.13 Fiscal Year....................................................................................................................6
1.14 Fort Worth.....................................................................................................................6
1.15 Fort Worth System........................................................................................................6
1.16 Impact Fee.....................................................................................................................6
1.17 Maximum Day Demand................................................................................................6
1.18 Maximum Hour Demand..............................................................................................6
1.19 MG and MGD...............................................................................................................6
1.20 Parties............................................................................................................................6
1.21 Rate of Use Charge.......................................................................................................6
1.22 Raw Water Charge........................................................................................................6
1.23 Return Water.................................................................................................................6
1.24 Service Charge..............................................................................................................6
1.25 Street Rental..................................................................................................................6
1.26 Stand-by Charge............................................................................................................7
1.27 System Cost..................................................................................................................7
1.28 TCEQ............................................................................................................................7
1.29 Treatment, Pumping and Transmission Charge............................................................7
1.30 Volume Charge.............................................................................................................7
ARTICLE 2. Delivery of Water...............................................................................................7
2.1 Delivery.........................................................................................................................7
2.2 Acceptance and Payment..............................................................................................7
2.3 Operations.....................................................................................................................7
2.4 Raw Water Contract......................................................................................................8
2.5 Water Use Restrictions and Conservation....................................................................8
2.6 Requirements of 30 Tex. Admin. Code Chapter 288....................................................8
2.7 Consultation with WCAC.............................................................................................9
Agreement for Water Service 3
ARTICLE 3. Location and Maintenance of Measuring Devices................................................9
3.1 Metered Water..............................................................................................................9
3.2 Point(s) of Delivery.......................................................................................................9
3.3 Cost of New or Additional Connections.......................................................................9
3.4 Check Meter..................................................................................................................9
ARTICLE 4. Meters................................................................................................................10
4.1 Testing.........................................................................................................................10
4.2 Corrections..................................................................................................................10
4.3 Requested Testing.......................................................................................................10
4.4 Out of Service Meter...................................................................................................10
ARTICLE 5. Meter Reading and Billing .................................................................................11
5.1 Reading Meters...........................................................................................................11
5.2 Records.......................................................................................................................11
5.3 Multiple Meters...........................................................................................................11
5.4 October Billing............................................................................................................11
5.5 Billing and Payment....................................................................................................11
5.6 Billing Disputes..........................................................................................................11
ARTICLE 6. Rates..................................................................................................................11
6.1 Method of Rate Determination...................................................................................11
6.2 Rates to be Used..........................................................................................................13
ARTICLE 7. Payment for Water............................................................................................14
7.1 Annual Payment..........................................................................................................14
7.2 Withdrawal Rate..........................................................................................................15
7.3 Monthly Payments......................................................................................................15
7.4 Total Annual Payments...............................................................................................15
7.5 Rate of Use Charge......................................................................................................15
7.6 Applicability of Stand-by Charge .................................................................................16
ARTICLE 8. Effective Date...................................................................................................16
ARTICLE 9. Term..................................................................................................................16
ARTICLE 10. Rights-of-Way...................................................................................................16
ARTICLE 11. TCEQ Public Water Supply Approval...............................................................17
ARTICLE 12. Resale of Water.................................................................................................17
12.1 Outside Service Area..................................................................................................17
12.2 Exceptions...................................................................................................................17
ARTICLE 13. Sanitary Sewer Facilities ....................................................................................17
ARTICLE 14. Additional Wholesale Customers.......................................................................17
ARTICLE 15. Wholesale Customer Advisory Committee........................................................18
ARTICLE 16. Impact Fees........................................................................................................18
16.1 Calculation and Payment of Impact Fees....................................................................18
16.2 Multiple Surface Water Providers..............................................................................18
16.3 Use of Impact Fees......................................................................................................18
16.4 Impact Fee Report.......................................................................................................19
16.5 No Waiver...................................................................................................................19
16.6 CIFC............................................................................................................................19
16.7 Capital Improvements Plan.........................................................................................19
16.8 Dissemination of Documents......................................................................................19
Agreement for Water Service 4
16.9 Audited Financial Statement.......................................................................................20
16.10 Current Impact Fees....................................................................................................20
16.11 Changes to Chapter 395..............................................................................................20
ARTICLE 17. Breach, Termination and Other Remedies..........................................................20
17.1 Termination by Mutual Consent.................................................................................20
17.2 Termination for Material Breach................................................................................20
17.3 Termination for Repeated Breach...............................................................................20
17.4 Material Breach...........................................................................................................20
17.5 Notice and Cure..........................................................................................................21
17.6 Notice and Cure for Nonpayment of Impact Fees......................................................21
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation.................21
17.8 Failure to Provide Notice of Withdrawal Rate under § 7.2........................................21
17.9 Effect of Termination..................................................................................................22
17.10 No Waiver by Fort Worth...........................................................................................22
17.11 No Waiver by Customer.............................................................................................22
ARTICLE 18. Ownership and Liability.....................................................................................22
18.1 No Joint Venture.........................................................................................................22
18.2 Liabilities....................................................................................................................22
18.3 Contractors..................................................................................................................23
ARTICLE 19. Force Majeure....................................................................................................23
19.1 Notice and Suspension................................................................................................23
19.2 Definition....................................................................................................................23
ARTICLE 20. Notices...............................................................................................................23
20.1 Required Notice..........................................................................................................23
20.2 Delivery and Receipt...................................................................................................24
20.3 Change of Address Notices.........................................................................................24
ARTICLE 21. Inspection and Audit..........................................................................................24
ARTICLE 22. Miscellaneous....................................................................................................24
22.1 Favored Nations..........................................................................................................24
22.2 Suspension of Rate of Use Charges..............................................................................24
22.3 Water to Adjacent Areas.............................................................................................24
22.4 Subject to Laws and Permits.......................................................................................25
22.5 Entry on Customer’s Premises....................................................................................25
22.6 Alternative Dispute Resolution...................................................................................25
22.7 Information.................................................................................................................26
22.8 Assignment.................................................................................................................26
22.9 No Waiver...................................................................................................................26
22.10 VENUE .........................................................................................................................26
22.11 Construction................................................................................................................26
22.12 Severability.................................................................................................................26
22.13 Use of Return Water...................................................................................................27
22.14 System Regulatory Actions.........................................................................................27
22.15 Additional Contract Terms.........................................................................................27
22.16 Exhibits.......................................................................................................................27
Agreement for Water Service 5
ARTICLE 1. Definitions
The following definitions, when capitalized, apply throughout this Agreement:
1.1 Annual Consumption. The total quantity of water purchased under the terms of this
Agreement by Customer during the Fiscal Year as determined by the difference in the annual
October meter readings.
1.2 Average Daily Use. The Annual Consumption divided by the number of calendar days in
the Fiscal Year year.
1.3 Calendar Day. The period from midnight of one day to 11:59 PM of the next day.
1.4 Capital Improvements. Any of the following facilities which provide utility services and
benefits common to all customers (both retail and wholesale) and that have a life expectancy of
three (3) or more years, whether such improvements are located within the jurisdictional limits
(including the extra-territorial jurisdiction) of Fort Worth or Customer, and consisting of: water
treatment facilities; metering facilities; control systems and appurtenances; storage facilities;
pumping facilities; and all mains that are sixteen inches (16") and greater in diameter. Capital
Improvements include the initial construction or the expansion of such facilities, as necessary to
serve new development.
1.5 Chapter 395. Chapter 395 of the Texas Local Government Code, as it may be amended
or re-codified from time to time.
1.6 Customer’s Service Area. The area inside the Customer’s boundaries and inside the
Customer’s Certificate of Convenience and Necessity, as shown on Exhibit A, except that the
Customer may, with written notice to the Director, exclude a contiguous area that receives its
entire water service from provider(s) other than Fort Worth.
1.7 Customer System. All necessary Customer mains and distribution facilities on the
Customer's side of the meter from and beyond the point of delivery of treated water by Fort
Worth.
1.8 Delivery Facility. Any facility necessary for the transmission of water from the Fort
Worth System that is on the Customer's side of the point of delivery that is constructed
specifically to allow Fort Worth to serve Customer.
1.9 Director. The Director of Fort Worth Water Department or his designee.
1.10 Emergency. A situation, event or condition created by unforeseeable mechanical failure,
unprecedented high rate of treated water usage (such as might result from a major fire or a major
water main break) or circumstances beyond the Party’s reasonable control.
1.11 Equivalent Meters or EM. A means of relating a large-use customer with a base
(residential) use customer. Fort Worth Water Department uses 5/8 x ¾ inch meter capacity as an
EM. The ratio of larger meter’s capacity to the 5/8 x ¾ inch meter capacity is the number of
EMs for each meter size.
Agreement for Water Service 6
1.12 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.
1.13 Fiscal Year. The fiscal year of Fort Worth, which is from October 1st through September
30th.
1.14 Fort Worth. The City of Fort Worth, acting by and through it’s duly authorized Assistant
City Manager, who may delegate to the Director.
1.15 Fort Worth System. The Fort Worth water treatment and distribution system.
1.16 Impact Fee. A capital contribution funding or recouping the cost of Capital
Improvements necessitated by and attributable to new development, subject to and as provided in
Article 16 of this Agreement.
1.17 Maximum Day Demand. The maximum quantity of water used by Customer during one
calendar day of the Fiscal Year.
1.18 Maximum Hour Demand. The quantity of water used by Customer during the one hour
of the Fiscal Year that more water passed through the meter or meters serving the Customer than
during any other hour of the Fiscal Year, multiplied by 24 hours and expressed as MGD.
1.19 MG and MGD. MG is million gallons; MGD is million gallons per day.
1.20 Parties. Fort Worth and the Customer, or each individually.
1.21 Rate of Use Charge. The charge for Maximum Day Demand in excess of Average Daily
Use and for Maximum Hour Demand in excess of Maximum Day Demand, as provided in § 7.5
and Exhibit C.
1.22 Raw Water Charge. The rate for 1,000 gallons charged by the Tarrant Regional Water
District to Fort Worth for raw water to be sold to the Customer plus four percent (4%),
representing Fort Worth system losses of four percent (4%).
1.23 Return Water. All water that is returned to Fort Worth via discharge into Fort Worth’s
wastewater system for treatment by Fort Worth’s Village Creek Wastewater Treatment Plant or
another wastewater treatment plant that is owned or operated (directly or through contract) by
Fort Worth.
1.24 Service Charge. A fixed monthly charge per wholesale meter, as set forth in the annual
cost-of-service rate study, designed to include a portion of Fort Worth Water Department’s cost
for wholesale customer billing and accounting.
1.25 Street Rental. The Street Rental charged to the wholesale customers of the Fort Worth
System is intended to be compensation for use of public rights-of-way. The Street Rental is
established at five percent (5%)of the revenue requirements, excluding Payment in Lieu of Taxes
Agreement for Water Service 7
(PILOT). The Street Rental can not be decreased without the consent of Fort Worth in its sole
discretion and, in the event of an increase, can only be increased in one percent (1%) increments
once every five (5) years starting on the anniversary date of this Agreement in 2016, and shall
never exceed the rate being collected from the natural gas franchised utility serving the City of
Fort Worth or the rate collected from the retail water customers of Fort Worth, whichever is less.
1.26 Stand-by Charge. The fee set forth in § 7.1.3 and Exhibit B. The Stand-by charge is
intended to allow a wholesale customer to rely on the Fort Worth System for stand-by delivery of
water for the Customer’s Emergency use only, as provided in § 7.6.
1.27 System Cost. System Cost, as provided in § 6.1.2.
1.28 TCEQ. The Texas Commission on Environmental Quality or its successor agency.
1.29 Treatment, Pumping and Transmission Charge. The rate, per 1,000 gallons used,
regardless of rate of use, as determined by the annual cost-of-service rate study, and which shall
include the maintenance and operation costs, and the capital facilities cost on the part of the
production and transmission system related to annual use.
1.30 Volume Charge. The combined total of the Treatment, Pumping and Transmission
Charge plus the Raw Water Charge in effect for the current Fiscal Year.
ARTICLE 2. Delivery of Water
2.1 Delivery. Fort Worth agrees, subject to the amount of raw and treated water available to
Fort Worth, to furnish and sell to Customer treated water of potable quality meeting all
applicable governmental standards, delivered under the normal operating pressure prevailing in
the Fort Worth System at the Customer point or points of delivery mutually agreed upon, without
guarantee of a specific minimum pressure. Mutually agreed point(s) of delivery on the Effective
Date are shown on Exhibit A.
2.2 Acceptance and Payment. Customer agrees to accept delivery of and to pay for the water
in accordance with the terms and conditions of this Agreement. Customer understands and
acknowledges that Customer is responsible for maintaining water pressure in the Customer’s
System, and that maintaining a certain water delivery pressure requires use of storage or pumps
on Customer’s System.
2.3 Operations. Fort Worth is entitled at any and all times to install, repair, maintain, and
replace any equipment or devices in the Fort Worth System. In an Emergency, Fort Worth may
take necessary action (including reduction or cessation of water service to Customer) as
necessary or appropriate to allow Fort Worth at all times to maintain a minimum pressure as
required by law at all retail service locations directly served by Fort Worth, and Fort Worth is
excused from the requirements of § 2.1 to the extent caused by an Emergency or by Force
Majeure or Fort Worth’s reasonable efforts to respond to such conditions. In the event of such
service interruptions, Fort Worth shall make every reasonable effort to expedite the restoration of
service in a timely manner, and shall not unreasonably interrupt, withhold or delay service to
Customer.
Agreement for Water Service 8
2.4 Raw Water Contract. In accordance with the terms of Fort Worth City Secretary
Contract No. 12720 between Fort Worth, the City of Arlington, the City of Mansfield, Trinity
River Authority, and the Tarrant Regional Water District, this Agreement shall be deemed
subordinate in all respects to the water requirements of the above contracting Parties as specified
in Section 3 of that contract.
2.5 Water Use Restrictions and Conservation.
2.5.1 If Fort Worth in any way restricts, rations or conserves the use of water
throughout its CCN during an Emergency declared by the Director, then within 24
hours of being notified of the action of Fort Worth, Customer shall institute and
apply the same restrictions and/or measures as to the use of the water by the
customers of Customer.
2.5.2 If Fort Worth in any way restricts, rations or conserves the use of water
throughout its CCN as authorized by the then Fort Worth City Council and
adopted by ordinance, then Customer agrees to institute, apply and enforce the
same rationing, conservation measures, or restrictions to the use of water by the
customers of Customer for so long as any part of the total water supply of the
Customer is being furnished by Fort Worth. Customer shall submit to Fort
Worth, within sixty (60) days of the action taken by the City Council of Fort
Worth, a copy of the Customer’s city council and/or governing board resolution
and/or ordinance adopting the same measures as Fort Worth.
2.5.3 If Customer fails to comply with its obligations under this § 2.5 then, in addition
to the remedies available under Article 17, Fort Worth may install or adjust any
rate of flow controllers necessary to physically achieve compliance, regardless of
whether the rate of flow controller to be installed or adjusted is on Fort Worth’s or
Customer’s side of the meter.
2.6 Requirements of 30 Tex. Admin. Code Chapter 288 (“Ch. 288”).
2.6.1 As required by 30 Tex. Admin. Code § 288.5(1)(G), this Agreement requires
Customer to develop and implement a water conservation plan or water
conservation measures using the applicable elements of Tex. Admin Code Ch.
288.
2.6.2 As required by 30 Tex. Admin. Code § 288.22(a)(8), this Agreement requires
that, in case of a shortage of water resulting from drought, the water to be
distributed shall be divided in accordance with Texas Water Code § 11.039.
2.6.3 To the extent that Customer fails to comply with § 2.5 above or meet any
additional requirements under 30 Tex. Admin. Code Chapter 288, Customer
agrees to implement and comply with Fort Worth’s water conservation plans and
measures and drought contingency plan until the Customer’s own plans and
measures are brought into compliance.
Agreement for Water Service 9
2.7 Consultation with WCAC. Except when the Director determines that emergency
conditions require short-term restriction, conservation or rationing to meet all necessary water
demands, Fort Worth agrees to consult with the Wholesale Customer Advisory Committee, in
the development of any restriction, conservation, rationing, or drought contingency plans that the
Director determines may be necessary to address operational constraints, whether or not required
by any state or federal regulatory agency, or deemed advisable by the Wholesale Customer
Advisory Committee to manage long term System Costs, except where emergency conditions
may dictate short-term restriction, conservation or rationing requirements as may be determined
by the Director to meet all necessary water demands.
ARTICLE 3. Location and Maintenance of Measuring Devices
3.1 Metered Water. All water furnished under this Agreement by Fort Worth shall be
measured by one or more suitable meters equipped with continuous flow, chart recording
devices, and telemetering equipment connected with the Fort Worth control center. All meters,
recording devices, telemetering equipment and appurtenances (including any flow control
equipment required by § 7.2) shall be approved and installed by Fort Worth. Customer shall pay
for the meter vault and all metering equipment, including telemetering equipment to the Fort
Worth control center, and appurtenances, plus the installation cost thereof. Fort Worth shall pay
all costs associated with the operation and maintenance of said equipment and shall pay for the
replacement of said equipment as necessary. Such costs, as well as charges for the telelink line
and microwave transmitter and the power to operate same, shall be a System Cost.
3.2 Point(s) of Delivery. The point or points of delivery of treated water by Fort Worth shall
be the meter vault connection to Customer's side of the meter, and all necessary mains and
distribution facilities from and beyond that point shall be the responsibility of Customer. The
location of each meter shall be mutually agreed upon in writing by and between the Parties and
the meter or meters shall not be moved or relocated except by mutual consent in writing by the
Parties.
3.3 Cost of New or Additional Connections. Customer shall pay the cost of each new,
enlarged or additional Customer connection to the Fort Worth System, including the cost of the
wholesale meter and the Customer’s proportionate share of any improvements required for that
connection or related service to be provided at the delivery point. The Customer’s cost shall be
calculated in the same manner as the “developer’s cost” for special facilities, including pipelines
under Fort Worth’s then-existing Water and Wastewater Installation Policy, as determined by the
Director. The Customer will pay that amount to Fort Worth before making the new or additional
connection to the Fort Worth System, and the amount shall not be a System Cost.
3.4 Check Meter. Either Party, at its own expense, may install a check meter to check or
measure the volume of water passing the master meter, provided that, if such check meter is
installed, the same rules and regulations relative to its operation, maintenance and reading shall
apply as to the master meter being tested.
Agreement for Water Service 10
ARTICLE 4. Meters
4.1 Testing. Fort Worth shall routinely test for accuracy, and service and calibrate if
necessary, the master meter at each point of delivery no less than once during each twelve (12)
month period. Copies of the results of such calibration and all related information shall be
provided to Customer. Customer shall have access to the metering 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 test shall be provided to the Customer at
least seventy-two (72) hours prior to such test being conducted and Customer may observe such
test, if so desired.
4.2 Corrections. Upon any calibration of a Wholesale Customer’s meter, if it is determined
that the accuracy envelope of such meter is found to be lower than ninety-five percent (95%) or
higher than one-hundred-five percent (105%) expressed as a percentage of the full scale of the
meter, the registration of the flow as determined by such defective meter shall be corrected for a
period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such
time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed
since the date of the last calibration, but in no event further back than a period of six (6) months.
All meters will be properly sealed, and the seals shall not be broken unless representatives of
both Parties have been notified and given a reasonable opportunity to be present. If the meter,
after testing, is found to be in error outside the parameters established in this Agreement, the
amounts due to or due from Fort Worth shall be determined based upon the prevailing wholesale
rates which were in effect at the time the meter was determined to be malfunctioning. The
amount due to or due from Fort Worth shall be payable within thirty (30) days from the date of
receipt of the invoice for said amounts by Fort Worth or by Customer. In addition, the
Wholesale Customer’s volume and rate of use records shall be corrected, as determined by the
meter testing.
4.3 Requested Testing. Customer shall have the right to request Fort Worth to test any
meter(s), but no more frequently than quarterly. Upon any such request, Fort Worth agrees to
perform its testing and calibration of the meter(s) with notice to Customer, and the Parties shall
be entitled to jointly observe any testing, calibration, and adjustments that are made to the
meter(s), in the event such modifications are necessary. For such additional testing request, Fort
Worth shall give Customer notice forty-eight (48) hours in advance of the time when that testing
will occur. Customer shall pay the cost of the additional test requested for any meter(s) if the
test shows that the meter(s) is accurate (within five percent (5%) registration), but Fort Worth
shall pay the costs of the additional test if the results indicate that the meter(s) is not accurate (in
excess of five percent (5%) registration).
4.4 Out of Service Meter. If any meter used to determine the flow of treated water to
Customer is out of service or out of repair so that the amount of water metered cannot be
ascertained or computed from reading the meter, then the water delivered during the period that
the meter is out-of-service or out of repair shall be estimated and agreed upon by the Parties
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 that metering station under similar
Agreement for Water Service 11
conditions. If the Parties cannot agree on the extrapolated estimate of water volume delivered,
then agreement on the flow volume will be determined by § 22.6 dispute resolution.
ARTICLE 5. Meter Reading and Billing
5.1 Reading Meters. Fort Worth will read all meters provided for herein at monthly intervals,
and the Parties shall have free access to read these respective meters daily, if either Party so
desires. Each Party has the duty to give immediate notice to the other of any meter that it finds is
not functioning properly. Upon such notice, repairs to such meter shall be made promptly.
5.2 Records. All readings of meters will be entered into the records maintained by Fort
Worth. Customer shall have access to such records during reasonable business hours and shall
be furnished with monthly readings for each point of delivery metering facility.
5.3 Multiple Meters. If Customer has more than one point of connection to the Fort Worth
System, the sum of all meter readings and rates of flow shall be used for the purpose of
calculating the water Volume Charge and the Rate of Use Charge.
5.4 October Billing. A review of water usage amounts by Customer for the past twelve (12)
months shall be made during the presentation of the October bill each year. The October
statements shall be prepared so as to reflect any and all Rate of Use Charges for the Fiscal Year
just ended which have not been previously billed and paid. A copy of the rate of flow charts or
other records showing the Maximum Day Demand and the Maximum Hour Demand for the
Fiscal Year just ended shall be furnished to Customer with the October billing.
5.5 Billing and Payment. Bills for water service shall be rendered to Customer monthly by
Fort Worth, and 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. 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.
5.6 Billing Disputes. 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 § 22.6 dispute
resolution procedures. Dispute of a bill shall not be grounds for non-payment. If a bill or other
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. If a billing
adjustment is agreed upon or otherwise established by dispute resolution, then the amount found
to be incorrect will be credited to 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.
ARTICLE 6. Rates
6.1 Method of Rate Determination.
6.1.1 Wholesale water rates will be based upon an annual cost-of-service rate study
with a rate study conducted every three years by an independent utility rate
Agreement for Water Service 12
consultant as provided for in § 6.1.4. The independent utility rate consultant shall
be selected by the Director from a list of five qualified firms submitted to the
Director by the Wholesale Customer Advisory Committee. The cost of any such
study shall 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.
6.1.2 The System Cost (i.e., the cost-of-service for the wholesale class) shall include
allocated reasonable and necessary operation and maintenance expense;
depreciation expense; a fair and reasonable return on allocated capital facilities as
provided in § 6.1.3; general and administrative costs; commodity charges
including the Raw Water Charge; the cost of treated water; transmission losses;
Street Rental (calculated as provided in § 1.25); and Payment In Lieu of Taxes
(“PILOT” calculated as provided in Exhibit D). 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,
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. The “rate base” shall consist of all allocated capital facilities, net
of depreciation and 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. The methodology shall be that used in the most recent wholesale water
rate study completed and approved by the Fort Worth City Council before the
Effective Date, which Customer acknowledges having received prior to executing
this Agreement. 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.
6.1.3 Fort Worth shall be allowed to earn and recover in rates a rate-of-return on the
rate base as described in § 6.1.2. That rate of return shall be equal to the weighted
average imbedded cost of outstanding debt plus one and one-half percent
(1-1/2%). The parties agree that this rate of return is reasonable.
6.1.4 For the Fiscal Years beginning October 1, 2011, 2014, 2017, 2020, 2023 2026 and
2029, a detailed wholesale water rate study will be performed by an independent
utility rate consultant selected by the Director in conformance with § 6.1.1. The
same methodology used in the immediate previous rate study will be utilized by
the rate consultant so selected. In the interim Fiscal Years between detailed rate
studies, Fort Worth will adjust wholesale water rates annually, using the same
methodology as the last detailed rate study, and will utilize the actual operating
data for the twelve (12) month period ending September 30th of the prior year,
adjusted for all known and measurable changes in cost data that may have
occurred since the last audited financial statement. Such adjustments should allow
for year-end trending and the spreading of non-recurring expenses over an
appropriate benefit period.
Agreement for Water Service 13
6.1.5 Changes in the wholesale water rate methodology will be allowed if
recommended by a majority vote of the Wholesale Customer Advisory
Committee and approved by the Fort Worth City Council. For purposes of this
§ 6.1.5, a majority is defined as any combination of Fort Worth wholesale
customers that took more than fifty percent (50%) of the wholesale water
delivered by Fort Worth during the immediate past Fiscal Year.
6.2 Rates to be Used.
6.2.1 The rates and charges to be effective upon approval of this Agreement shall be
those calculated by the most recent cost of service study and adopted by the Fort
Worth City Council to take effect during the current Fiscal Year.
6.2.2 The Raw Water Charge shall be increased or decreased when the raw water cost
paid by Fort Worth for water available for treatment and sale to Customer is
increased or decreased as determined by the Tarrant Regional Water District in
accordance with Fort Worth City Secretary Contract No. 12720.
6.2.3 The Parties agree that services obtained pursuant to this Agreement are essential
and necessary to the operation of Customer's waterworks facilities and that all
payments made by Customer hereunder shall constitute reasonable and necessary
operating expenses of Customer's waterworks and wastewater systems within the
meaning of § 1502.056 of the Texas Government Code, and the provisions of any
and all ordinances of Customer authorizing the issuance of any revenue bonds of
Customer which are payable from its waterworks and wastewater systems.
6.2.4 Customer agrees, throughout the term of this Agreement, to fix and collect such
rates and charges for water 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.
6.2.5 Customer understands that Fort Worth City Council has the right to annually
revise the rates charged to cover all reasonable, actual, and expected costs.
Revision of rates shall be pursuant to the provisions set forth in this Agreement.
Fort Worth shall give Customer a minimum of six (6) months notice of intent to
revise rates. Fort Worth will furnish members of the Wholesale Customer
Advisory Committee a draft copy of the cost-of-service study of the proposed
rates sixty (60) days prior to Fort Worth submitting a rate increase request to its
City Council. Within thirty (30) days of receiving the draft study, the Wholesale
Customer Advisory Committee will submit its written comments on the draft
study to Fort Worth, and Fort Worth will respond to these comments as soon
thereafter as possible. If the Wholesale Customer Advisory Committee has not
provided its written comments within said period, the Wholesale Customer
Agreement for Water Service 14
Advisory Committee is deemed to have accepted the proposed rates contained in
the draft study, and Customer agrees that it will be bound by the rates as approved
by the Fort Worth City Council. The rates approved by the Fort Worth City
Council shall be the rates to be used in this Agreement for the succeeding Fiscal
Year.
ARTICLE 7. Payment for Water
Payment of charges to Fort Worth for water used by Customer shall be made as follows:
7.1 Annual Payment. The annual payment will be the charges computed based on all water
delivered by Fort Worth to Customer during the current Fiscal Year at rates set pursuant to this
Agreement. For purposes of calculating the annual payment, the current year will be the Fiscal
Year during which the water usage occurred. However, the minimum annual payment will be
the greater of the following:
7.1.1 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use
Charges (Exhibit C, Example 1); or
7.1.2 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use
Charges applied to the average of the Maximum Day Demand above Average
Daily Use and the average of the Maximum Hour Demand above Maximum Day
Demand for the most recently completed three (3) Fiscal Years (to include the
current Fiscal Year) (Exhibit C, Example 2); or
7.1.3 if applicable to Customer, a Stand-by Charge equal to:
(a) twelve (12) months;
(b) times the total number of EM units for all of the Customer’s
wholesale meters connected to the System;
(c) times 28,800 gallons per day;
(d) times a dollar amount equal to a three (3) year numerical average
of the Treatment, Pumping and Transmission Charge per 1,000
gallons, using the Treatment, Pumping and Transmission Charge
from most recent annual cost-of-service rate study performed by
the independent utility rate consultant as provided in § 6.1.4 and
the two years prior to the year of that study. This dollar average
will remain in effect for purposes of calculating this § 7.1.3 Stand-
by Charge until the next cost-of-service rate study is performed by
an independent utility rate consultant as provided in § 6.1.4.
Exhibit B presents an example calculation of the Stand-by Charge.
Agreement for Water Service 15
7.2 Withdrawal Rate. The rate at which water is withdrawn from the Fort Worth System by
Customer shall be regulated by rate-of-flow controllers, pumps, or other approved methods. The
rate of withdrawal shall be controlled so that the maximum rate shall not exceed 1.35 times the
Maximum Day Demand experienced during the previous year unless Customer has notified the
Director at least (6) months before the date of the anticipated increase in the Maximum Day
Demand; provided, however that in an Emergency such as a line break, Customer shall advise
the Director within 24 hours of the increase in the maximum rate of withdrawal. Customer shall
furnish the Director with all pertinent information regarding the proposed increase in maximum
rate of withdrawal. The Director may waive the notice requirement if, in his sole opinion, that
notice is not necessary to protect the interests of Fort Worth.
7.3 Monthly Payments. The monthly payment will be the sum of (a) plus (b) plus (c):
(a) the greater of:
(i) one-twelfth (1/12) of the amount calculated in § 7.1, or
(ii) the Volume Charge times the actual volume of water taken that month;
(b) one-twelfth (1/12) of the sum of the annual Rate of Use Charges, determined as
provided in § 7.5 and Exhibit C; and
(c) one-twelfth (1/12) of the sum of the Fiscal Year Service Charge.
7.4 Total Annual Payments. The total annual payment for water delivered to Customer shall
be based on the annual and peak volumes delivered to Customer during the Fiscal Year, as
determined by meters, flow recording devices or other approved methods, and calculated as
provided in the annual payment provisions set forth above and in Exhibits B and C. The
October monthly payment for September’s usage shall contain any adjustments necessary to
update the Rate of Use Charge calculations as necessary to recover the Annual Payment for the
Customer’s actual withdrawals from the Fort Worth System (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred. Exhibit C provides examples of the Annual Bill Calculation.
7.5 Rate of Use Charge. As provided in §§ 7.1, 7.3 and 7.4 and shown in Exhibit C,
Monthly Payments and the Annual Payment shall include Rate of Use Charges, unless the Stand-
by Charge applies. The Rate of Use Charges consist of:
(a) Maximum Day Rate of Use Charge, calculated by multiplying the “Excess Max Day
Charge” per MGD from the annual cost-of-service rate study, times the Maximum Day
Demand (in MGD) in excess of Average Daily Use (in MGD); and
(b) Maximum Hour Rate of Use Charge, calculated by multiplying the “Excess Max
Hour Charge” per MGD from the annual cost-of-service rate study, times the Maximum
Hour Demand (expressed as MGD) in excess of Maximum Day Demand (in MGD).
Exhibit C presents example Rate of Use Charge calculations. Rate of Use Charges are estimated
by applying the current Fiscal Year Excess Max Day and Excess Max Hour Charges to the prior
Fiscal Year's Maximum Day Demand, Maximum Hour Demand and Average Daily Use in the
October through September bills, with adjustments in the October bill as necessary to recover the
Agreement for Water Service 16
Annual Payment based on the Customer’s actual withdrawals (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred.
7.6 Applicability of Stand-by Charge. Customer is subject to the Stand-by Charge if the
amount of the Stand-by Charge is the greater of the Annual Payment options listed in § 7.1.
Customer is a Stand-by Customer if it receives water from the System for Emergency use only,
and the Director has approved that use. A Stand-by Customer’s obligations under this
Agreement include the requirements of § 3.1 for the location, approval and installation of meters.
By execution of this Agreement and approval of the Stand-by service meter, Fort Worth agrees
to provide the wholesale Emergency service through the approved meter to the Stand-by
Customer, subject to the terms of this Agreement; however, notwithstanding § 2.1, delivery of
water to a Stand-by Customer is subordinate to Fort Worth’s other delivery obligations. Further,
this Agreement does not grant or imply that the Standby Customer has reserved any water
service, capacity or delivery from the System, other than for Emergency use as provided in this
§ 7.6. Any change in the Stand-by Customer's use from Emergency to non-Emergency must be
approved in writing by the Director. Unless otherwise agreed in writing by Customer and
Director, the Stand-by Customer is not required to pay the Impact Fees required by Article 16
until it requests or takes deliveries of water from the System that exceed the approved
Emergency use.
ARTICLE 8. Effective Date
The effective date and time of this Agreement for all purposes is January 1, 2011 at 12:01
a.m. Upon the Effective date, the wholesale water service agreement then in effect between Fort
Worth and the Customer is terminated and superseded by this Agreement.
ARTICLE 9. Term
This Agreement expires on September 30, 2031. It may be renewed on terms mutually
agreeable to the Parties.
ARTICLE 10. Rights-of-Way
Customer shall grant, without charge to Fort Worth, such easements and rights-of-way
along public highways or other property owned by Customer, as requested by Fort Worth, in
order to construct or maintain mains or facilities within the Customer’s Service Area to provide
water to Customer and to other areas. Upon notice from Customer and at Fort Worth's expense
incurred as a System Cost, Fort Worth will move such water mains or facilities located in such
street rights-of-way, or other property owned by Customer when reasonably necessary to the
performance of essential governmental duties by Customer. Fort Worth shall grant, without
charge to Customer, such easements and rights-of-way along public highways or other property
owned by Fort Worth, as requested by Customer, in order to construct and maintain water mains
or facilities within Fort Worth to provide water to Customer. Upon notice from Fort Worth and
at Customer's expense, Customer will move such water mains or facilities when located in such
street rights-of-way or other property owned by Fort Worth when reasonably necessary to
Agreement for Water Service 17
performance of essential governmental duties by Fort Worth. All work done by or on behalf of
Fort Worth under this paragraph will be performed in accordance with specifications equal to
those applying to work of a similar nature performed within Fort Worth, and the applicable Party
will use its best efforts to restore the others property to as near original condition as feasible
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 is reasonably practicable.
ARTICLE 11. TCEQ Public Water Supply Approval
The Customer System shall be approved by the TCEQ during the life of this Agreement.
If, at any time, the Customer System is not approved by the TCEQ, or if Customer does not have
an active cross-connection control program, there shall not be any direct physical connection
between the Fort Worth System and the Customer System unless an approved backflow
prevention device has been provided and installed and this installation has been approved by the
TCEQ. All expenses to provide and install backflow prevention device(s) will be borne by
Customer.
ARTICLE 12. Resale of Water
12.1 Outside Service Area. Customer agrees that it will not share facilities for water system
use with any other governmental or corporate entity outside of Customer’s Service Area without
the express written consent of Fort Worth, which consent shall not be unreasonably withheld.
Fort Worth neither recognizes nor approves any existing agreements entered into by Customer
with other governmental or corporate entities outside of Customer’s Service Area, unless
expressly approved in writing by the Director before the Effective Date.
12.2 Exceptions. Only those existing connections outside of the Customer's Service Area
shown in Exhibit E may continue. Customer agrees that it will not enter into any resale or
transportation agreement other than as a part of its normal offering and supply of water to
existing and future subscribers to its Customer System without the recommendation of the
Wholesale Customer Advisory Committee and express written consent of Fort Worth.
ARTICLE 13. Sanitary Sewer Facilities
The Customer agrees that it will require all of its customers, who are provided water from
the Fort Worth System, to have adequate sanitary sewage facilities meeting TCEQ requirements.
ARTICLE 14. Additional Wholesale Customers
Fort Worth will use its best efforts to provide an adequate water supply for all of its
customers. Prior to the approval of additional wholesale customers, Fort Worth will obtain in
writing reasonable assurances from the Tarrant Regional Water District that the projected ten
(10) year water demands of the then-existing wholesale customers being served and any
proposed additional customers can be fulfilled, and will charge the new customer an appropriate
connection fee pursuant to § 3.3. Fort Worth will consult with the Wholesale Customer
Agreement for Water Service 18
Advisory Committee and the Tarrant Regional Water District before contracting with additional
new wholesale water customers.
ARTICLE 15. Wholesale Customer Advisory Committee
Customer's governing body shall annually appoint a representative to be a voting member of the
Wholesale Customer Advisory Committee, whose purpose shall be to consult with and advise
Fort Worth, through the Director, on matters pertaining to conservation, wholesale planning,
improvements, grants, wholesale rate studies, administration, budgets, and additional wholesale
customers, whether same be wholesale customers of Customer or Fort Worth. The Wholesale
Customer Advisory Committee may establish bylaws governing the election of officers, meeting
dates and other matters pertinent to its functioning.
ARTICLE 16. Impact Fees
16.1 Calculation and Payment of Impact Fees. On a quarterly basis, Customer agrees to pay to
Fort Worth an Impact Fee for each new or enlarged connection for water service made within
Customer's Service Area served by the Fort Worth System. The Impact Fee to the Customer for
each such connection shall be based upon the size of water meter and shall be equal to the Impact
Fee adopted by Fort Worth and collected for the same size water meter and type of connection
within the jurisdiction of Fort Worth. The calculation of the Impact Fee shall be consistent with
the Fort Worth ordinance adopting the Impact Fee in accordance with all applicable state and
federal regulations, including Chapter 395, and shall include only those costs allowed under
§ 395.012 (or its amended or successor statute) that are associated with Capital Improvements
necessary to provide service to new development. Nothing within this Agreement shall be
deemed to prevent either Fort Worth or Customer from charging their own retail customers’
Impact Fees in excess of the Impact Fee authorized by this Agreement.
16.2 Multiple Surface Water Providers. If Customer receives surface water from more than
one water provider for use by potable water customers within its Service Area, then the
Customer’s impact fees due to Fort Worth shall be proportionately reduced. The charge will be a
fractional part of the Impact Fee imposed within Fort Worth for the same size of meter based on
the ratio of the annual amounts of water purchased from Fort Worth to the total annual combined
amount of surface water purchased from Fort Worth and the Customer’s other surface water
provider(s). For purposes of calculating this fractional part, this ratio will be the greater of the
most recent prior annual ratio or the most recent 3 year average ratio occurring after the first
Fiscal Year after the Effective Date.
16.3 Use of Impact Fees. As required by Chapter 395, Fort Worth agrees that all money
remitted to it pursuant to this Article 16 will be placed in an interest bearing account to pay only
for the cost of constructing Capital Improvements included in the Chapter 395 capital
improvements plan, 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. To the extent that the cost of any Capital Improvement is recovered
through Impact Fees, it shall not be included in the System Cost.
Agreement for Water Service 19
16.4 Impact Fee Report. Customer shall provide to Fort Worth information that relates to the
making of new and/or enlarged connections within its jurisdiction as may be requested by the
Director, including building permits, with each quarterly payment required in this Article 16.
16.5 No Waiver. Neither Fort Worth nor Customer shall waive any Impact Fee due from new
or enlarged connections to its respective system within its jurisdiction. However, either Fort
Worth or Customer may pay such Impact Fee into the interest bearing Impact Fee account
required by § 16.3.
16.6 CIFC. The Wholesale Customer Advisory Committee created pursuant to Article 15
shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee
Committee (“CIFC”). As required by Texas Local Government Code § 395.052, at least every
five (5) years, beginning June, 2014, or sooner, Fort Worth will update the land use assumptions
and capital improvements plan upon which the Fort Worth Impact Fees are based, or make the
determination under Chapter 395 that no update is required. Fort Worth shall submit a copy of
the annual report of Fort Worth Impact Fee projects and expenditures to the Wholesale Customer
Advisory Committee Rate Subcommittee. In June 2014 and at least every five 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 Impact 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, except to the extent that such cost is recovered through Impact Fees. If the CIFC
fails to submit a list of five consultants to Fort Worth, Fort Worth shall select the consultant.
16.7 Capital Improvements Plan. Fort Worth agrees that only the Capital Improvements as
defined in § 1.4 shall be included in the capital improvements plan for the purpose of
determining Impact 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 of its capital improvements in its Chapter 395 capital
improvements plan. The CIFC shall be responsible for working with Fort Worth and its
consultants to determine the Capital Improvements to be included in the calculation of any
Impact Fees. The CIFC shall recommend to the Wholesale Customer Advisory Committee
which Capital Improvements should be included in the calculation of any Impact 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.
16.8 Dissemination of Documents. Prior to the adoption of any land use assumptions, capital
improvements plan, or Impact Fees assessed by Fort Worth, the CIFC shall be furnished a copy
of the proposed land use assumptions, capital improvement plans or Impact Fees at least thirty
(30) days prior to any scheduled hearing thereon. Any revised Impact Fee adopted pursuant to
such updated capital improvements plan shall not take effect for a period of at least ninety (90)
days after adoption by Fort Worth.
Agreement for Water Service 20
16.9 Audited Financial Statement. Upon request, Fort Worth shall make available to the
Wholesale Customer Advisory Committee the most recent audited financial statement of the Fort
Worth Water Department's records.
16.10 Current Impact Fees. Customer agrees to pay Impact Fees in the amounts determined
pursuant to this Article 16. On the Effective Date, those impact fees are the Impact Fees most
recently adopted by the Fort Worth City Council before the Effective Date. Thereafter the
Impact Fees are those in effect by Fort Worth ordinance at the time the new or enlarged
connection is made.
16.11 Changes to Chapter 395. Fort Worth and Customer agree that the methodology for the
calculation of Impact Fees required by this Agreement shall be consistent with the methodology
prescribed by Chapter 395. If that statutory methodology is amended or replaced by a new
statute, the Wholesale Customer Advisory Committee may engage legal counsel to work with
Fort Worth to propose amendments to this Agreement to conform it to such amendment or new
statute. The reasonable cost of such legal counsel shall be a System Cost.
ARTICLE 17. Breach, Termination and Other Remedies
17.1 Termination by Mutual Consent. This Agreement may be terminated in whole or in part
by the mutual consent of Customer and Fort Worth. Fort Worth’s decision on whether to
consent to termination remains within it’s sole discretion; however, before consenting to
termination, Fort Worth shall consult with WCAC regarding the circumstances of the proposed
termination.
17.2 Termination for Material Breach. Notwithstanding anything in this Agreement to the
contrary, any material breach by either Party to perform any of its duties or obligations under this
Agreement, or to faithfully keep and perform any of the terms, conditions and provisions of this
Agreement, shall be cause for termination of this Agreement by the non-breaching Party in the
manner set forth in this § 17.2. Upon such breach, the non-breaching Party may notify the
breaching Party of the non-breaching Party’s intention to terminate this Agreement if the
breaching Party fails to cure such breach within ninety (90) days from the date of the notice. The
notice must include a reasonable description of the breach. The non-breaching Party shall notify
the breaching Party in writing upon acceptance of the cure of any breach. If by the ninetieth
(90th) day the breaching Party fails or refuses to cure such breach pursuant to the terms and
conditions of this Agreement, then the non-breaching Party shall have the right to terminate this
Agreement with six months additional notice to the breaching Party.
17.3 Termination for Repeated Breach. Upon a second (or any repeated) breach of a similar
nature by a Party and irrespective of any cure of such breach, the non-breaching Party may, after
six (6) months notice to the breaching Party, terminate this Agreement. That notice must be
provided within a reasonable time after the repeated breach that is the basis for the termination.
17.4 Material Breach. The following breach, default or failure to perform a duty or obligation
under this Agreement is a material breach:
Agreement for Water Service 21
a. Failure to comply with §§ 2.5 or 2.6 requirements regarding rationing,
conservation measures or restrictions;
b. Failure to pay any bill, charge, or fee as required by this Agreement,
including fees required under Article 16;
c. Making any connection to the Fort Worth System at any point except as
provided in § 3.2;
d. Failure to correct any potentially hazardous connection in accordance with
the terms of Article 11, after notice delivered by certified mail;
e. Failure to provide Fort Worth ingress and egress for purposes of operation
and maintenance of any metering facility;
f. Failure to provide Fort Worth rights-of-way as required herein; or
g. Failure to provide Fort Worth an Impact Fee report as required in Article 16.
All other breaches are deemed to be non-material.
17.5 Notice and Cure. In the event of a material or non-material breach, default or failure to
perform a duty under this Agreement, the non-breaching Party may send a notice of such default
to the breaching Party. The notice must include a reasonable description of the breach. If the
breaching Party fails to cure the breach, default or failure within 60 days of that notice, then the
non-breaching Party may give the breaching Party a second notice of its failure to cure the
breach. Failure to cure the breach within 30 days after the second notice shall constitute a
repeated breach, and may result in termination of this Agreement as provided in § 17.3 for
repeated breach. Fort Worth may, upon breach by a Customer, surcharge the Customer an
amount developed and calculated by Fort Worth intended to reimburse Fort Worth for any
damages each month, including 10% interest, until Customer cures that breach. Because failure
to perform obligations under this Agreement cannot be adequately compensated in money
damages alone, the Parties shall have available to them the equitable remedy of specific
performance in addition to any other legal or equitable remedy as may be provided by law.
17.6 Notice and Cure for Nonpayment of Impact Fees. If the breach is based on the non-
payment or underpayment of Impact Fees, then the Customer shall pay Fort Worth the amount of
the non-payment or under-payment within 60 days of the notice required by §§ 17.2 or 17.5, plus
interest at a rate of 10% of the amount owed, accruing from the time at which the payment was
due. An additional charge of $500.00 will be added if no Impact Fee report was filed.
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation. If Customer
breaches §§ 2.5 or 2.6, then the § 17.2 notice provisions do not apply and the Director, in his
sole discretion, may, in writing, set such time in which the Customer shall cure the breach. If
Customer fails or refuses to cure the breach within the stated time, then Fort Worth shall have the
right to declare this Agreement terminated after six (6) months additional notice to Customer.
17.8 Failure to Provide Notice of Withdrawal Rate under § 7.2. Failure to provide § 7.2
notice, provided the Director did not waive notice requirements, will be considered a non-
material breach of the Agreement and, in addition to other remedies available under this
Agreement, shall result in an automatic surcharge in the amount specified in § 17.5 for such non-
material breaches of the Agreement, without further notice requirements.
Agreement for Water Service 22
17.9 Effect of Termination. Upon termination of this Agreement under this Article 17, all
rights, powers, and privileges of Customer and Fort Worth under this Agreement shall cease and
terminate, and neither Party shall make any claim of any kind whatsoever against the other Party,
its agents or representatives, by reason of termination or any act incident to termination, if the
terminating Party acted reasonably and the termination was not unreasonable, or arbitrary and
capricious. If this Agreement is not renewed before it expires, and the Parties are negotiating in
good faith regarding the provisions of a new agreement, then the Parties may extend the date for
termination, in writing that refers to this § 17.9 and is signed by both Parties. If this Agreement
is not renewed, or if the Agreement is terminated by one of the Parties pursuant to this Article
17, then, as authorized by Texas Water Code § 11.036, this Agreement requires the Customer to
develop alternative or replacement supplies before the expiration or termination of this
Agreement; this requirement may be enforced by the equitable remedy of specific performance,
sought by court order, in addition to any other legal or equitable remedy as may be provided by
law. No continuation of the service obligation exists or will be implied after expiration or
termination.
17.10 No Waiver by Fort Worth. Any failure by Fort Worth to terminate this Agreement, or the
acceptance by Fort Worth of any benefits under this Agreement, for any period of time after a
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.
17.11 No Waiver by Customer. Any failure by Customer to terminate this Agreement, or the
acceptance by Customer of any benefits under this Agreement, for any period of time after a
material 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.
ARTICLE 18. Ownership and Liability
18.1 No Joint Venture. 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)
shall not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity
in the Fort Worth System.
18.2 Liabilities. Liabilities for damages arising from the proper treatment, transportation and
delivery for all water provided hereunder shall remain with Fort Worth to the point of delivery
and, upon passing through the meter, liability for such damages shall pass to the Customer, save
and except that Fort Worth's sole responsibility is to provide to Customer water of a quality
which meets state and federal drinking water standards. Each Party agrees to save, release and
hold harmless the other Party from all claims, demands, and causes of action which may be
asserted by anyone on account of the quality, transportation and delivery while water is in the
control of such Party. This covenant is not made for the benefit of any third party. Fort Worth
takes the responsibility as between the Parties for the proper treatment, quality, transportation,
and delivery of all such water provided by it to the point of delivery.
Agreement for Water Service 23
18.3 Contractors. Agreements made and entered into by either Customer or Fort Worth for the
construction, reconstruction or repair of any Delivery Facility shall include the requirement that
the independent contractor(s) must provide adequate insurance protecting both the Customer and
Fort Worth as co-insured. Such Agreement must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer and Fort Worth against any
and all suits or claims for damages of any nature arising out of the performance of such
Agreement.
ARTICLE 19. Force Majeure
19.1 Notice and Suspension. If by any reason of force majeure either Party shall be rendered
unable, wholly or in part, to carry out its obligations under this Agreement, other than the
obligation of the Customer to make payments required under the terms hereof, then if such
Parties shall give notice and full particulars of such force majeure in writing to the other Party
within a reasonable time after the occurrence of the event or cause relied on, the obligation of the
Party giving such notice, so far as it is affected by such force majeure, shall be suspended during
the continuance of the inability then claimed, but for no longer period, and such Party shall
endeavor to remove or overcome such inability with all reasonable dispatch.
19.2 Definition. The term "force majeure," as employed herein, shall mean acts of God,
strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the
government of the United States or the State of Texas, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply,
and inability on the part of Fort Worth to deliver water hereunder or the Customer to receive
water hereunder on account of any other cause not reasonably in the control of the Party claiming
such inability.
ARTICLE 20. Notices
20.1 Required Notice. Except in the case of an Emergency, any notice or other
communication that is required, given or provided for under this Agreement shall be in writing,
and addressed as follows:
To Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
To Customer: Mayor
City of ______________
Address
___________, Texas 7_____
Agreement for Water Service 24
With an additional copy to be given to a Customer representative, if designated in writing by
Customer.
20.2 Delivery and Receipt. Notice shall be either (a) delivered personally, (b) sent by United
States certified mail, postage prepaid, return receipt requested, (c) placed in the custody of a
nationally recognized overnight carrier for next day delivery, or (d) sent via telecopy or facsimile
(fax) transmission. Notice shall be deemed given when received if delivered personally or sent
via telecopy or facsimile transmission with written confirmation of receipt; forty-eight (48) hours
after deposit if sent by mail; and twenty-four (24) hours after deposit if sent by nationally
recognized overnight carrier for next day delivery.
20.3 Change of Address Notices. Each Party shall provide notice in writing, as provided in
§ 20.1 of any change in its address.
ARTICLE 21. Inspection and Audit
Complete records and accounts required to be maintained by each Party 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. The responding Party shall make the records available promptly
upon request.
ARTICLE 22. Miscellaneous
22.1 Favored Nations. Fort Worth and Customer agree that if Fort Worth should enter into
any future Agreement for supplying treated water to any municipality under more favorable
terms or conditions than set forth herein, this Agreement shall be amended to provide the same
terms and conditions with respect to the sale of treated water to Customer.
22.2 Suspension of Rate of Use Charges. During an Emergency it may be necessary that water
be withdrawn from the Fort Worth System at a rate of usage in excess of the Customer’s
contractually established Maximum Daily Demand and Maximum Hour Demand. It is agreed
that extra Rate of Use Charges that would normally be applicable shall not apply for such bona
fide emergency withdrawals provided that Fort Worth is notified in writing within forty-eight
(48) hours of the occurrence of the Emergency. In any event, the normally applicable Rate of
Use Charges the Customer would have incurred had it not been an Emergency, plus the Volume
Charges for all water delivered, shall be due and payable as described elsewhere in this
Agreement.
22.3 Water to Adjacent Areas. At the request of the Director, Customer agrees to furnish
water to areas and premises situated adjacent to the boundary of Customer and within the
boundaries of Fort Worth, subject to the Texas Water Code and TCEQ regulations regarding
service areas. The metered quantity of water used in this area each month by Fort Worth shall be
the total of all individual customer meter readings. At the option of Customer or Fort Worth, a
master meter may be installed where practicable at the expense of Fort Worth to meter all water
used by Fort Worth under the terms of this § 22.3. The metered quantity of water furnished by
Agreement for Water Service 25
Customer to Fort Worth shall be deducted from the total quantity of water withdrawn from the
Fort Worth System by Customer before the charge for water service to Customer is computed in
accordance with the payment computations set forth and based on the Volume Charge, the
quantity of water so withdrawn from the Fort Worth System and, if the meter serving those
customers has been equipped to measure it, Maximum Day Demand and Maximum Hour
Demand.
22.4 Subject to Laws and Permits. This Agreement is subject to all applicable federal and
state laws and any applicable permits, amendments, orders, or regulations of any state or federal
governmental authority having or asserting jurisdiction, but nothing contained herein shall be
construed as a waiver of any right to question or contest any such law, order, rule or regulation in
any forum having jurisdiction. Customer agrees to abide by any changes in this Agreement
made necessary by any new, amended, or revised state or federal regulation; however the Parties
may not enact rules or laws that conflict with this Agreement.
22.5 Entry on Customer’s Premises. Upon prior notice by the Director, Customer shall allow
any duly authorized employee of Fort Worth who presents proper credentials to access any
premises located within Customer's Service Area or served by Customer as may be necessary for
the purpose of inspections and observation, measurements, sampling and testing and/or auditing,
in accordance with the provisions of this Agreement. Customer may elect to accompany the Fort
Worth representative. To the extent permitted by law, Fort Worth agrees to be responsible to
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 their employment.
22.6 Alternative Dispute Resolution.
22.6.1 The parties shall endeavor, but only to the extent permitted by applicable law and
at no additional cost to Customer, to settle all disputes arising out of or relating to
this Agreement by amicable negotiations.
22.6.2 Any and all disputes arising out of or relating to this Agreement that cannot be
resolved informally will be submitted to mediation. The place of mediation shall
be in Tarrant County, Texas. A mediator shall be jointly agreed to by both
Parties, and the mediator selected shall have expertise in the sale and supply of
treated water. Either Party may apply for injunctive relief until the mediation
decision is rendered or the controversy is otherwise resolved. Either party may,
without waiving any remedy under this Agreement, seek from any court having
jurisdiction any interim or provisional relief that is necessary to protect the rights
or property of that Party, pending the mediator’s determination of the merits of
the controversy. Each Party shall initially bear its own costs and expenses;
however, unless otherwise agreed in mediation, Fort Worth’s costs in mediation,
including expenses, reasonable attorneys’ fees and other costs, shall be a System
Cost. Nothing occurring during mediation shall be considered evidence in court.
22.6.3 If mediation is not successful, either Party may commence litigation to resolve the
dispute. Fort Worth’s litigation costs shall be a System Cost.
Agreement for Water Service 26
22.7 Information. If requested by the Director, Customer shall provide quarterly the following
data or information:
22.7.1 Actual number of customer accounts consuming directly or indirectly from the
Customer System within Customer’s Service Area;
22.7.2 Classification of domestic and nondomestic accounts within its Customer’s
Service Area by number and percentage of accounts consuming directly or
indirectly from Customer System within its Customer’s Service Area;
22.7.3 Customer water usage from all sources other than the Fort Worth System,
including ground water, other surface water, and water supply agreements with
other entities; and
22.7.4 Additional data which may assist Fort Worth and/or Customer in developing
methodology for cost of service studies, planning studies for analyzing federal
grants, and Impact Fees; provided, however, that neither Party shall request data
that will require either Party to incur unreasonable expenses in providing such
data.
22.8 Assignment. Customer may not assign this Agreement without the prior written consent
of Fort Worth. Fort Worth may not assign this Agreement without the prior written consent of
Customer, except that if Fort Worth’s water utility is designated as a regional water agency by a
duly authorized regulatory body, or if Fort Worth elects to contract with or assign this
Agreement to a regional water authority or utility to provide all or part of the services covered by
this Agreement, the Customer hereby agrees and grants Fort Worth the right to assign this
Agreement under the following conditions. The regional water authority or utility shall assume
and receive the same obligations, responsibilities and benefits as Fort Worth, and Fort Worth or
the regional authority or utility will notify the Customer of such assignment at least ninety (90)
days prior to its effective date.
22.9 No Waiver. No waiver by either Party of any term or condition of this Agreement, or
failure to give notice of any breach, shall be deemed or construed to be a waiver of any other
term or condition or subsequent waiver of the same term or condition.
22.10 VENUE. THE PARTIES AGREE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT
COUNTY, TEXAS AND THAT THE COURTS OF TARRANT COUNTY ARE A PROPER FORUM FOR THE
DETERMINATION OF ANY DISPUTE ARISING UNDER THIS AGREEMENT.
22.11 Construction. As used in this Agreement, the term "including" means "including without
limitation,” the words "shall” and “will” are mandatory and the word “may” is permissive, and
the term "days" means calendar days, not business days. Wherever required by the context, the
singular shall include the plural, and the plural shall include the singular.
22.12 Severability. If any term or provision in this Agreement is held to be invalid or
unenforceable by any legislative act or court of competent jurisdiction, and the extent of such
invalidity or unenforceability does not cause substantial deviation from the underlying intent of
the parties as expressed in this Agreement, then such invalid or unenforceable provision shall be
Agreement for Water Service 27
deemed severed from this Agreement without invalidating the remainder of this Agreement, and
a new provision shall be deemed substituted in lieu of the provision severed, which new
provision shall, to the extent possible, accomplish the intent of the parties as evidenced by the
provision severed, and without affecting any other term or provision in this Agreement.
22.13 Use of Return Water. Customer agrees that Fort Worth has the right to own and to use or
sell any Return Water. Customer will not seek or receive any compensation, credit, or offset
from Fort Worth for making the Return Water available to Fort Worth through discharges into
Fort Worth’s wastewater collection and treatment system(s), and agrees that it will not provide
water service under any ordinance or agreement that conflicts with Fort Worth’s rights under this
§ 22.13.
22.14 System Regulatory Actions. Customer agrees, upon the request of Fort Worth, to give
reasonable consideration to supporting Fort Worth, and shall not oppose Fort Worth, on any
permit applications or governmental approvals related to the Fort Worth System.
22.15 Additional Contract Terms. Additional contract terms that apply to the Customer, but not
Fort Worth’s other wholesale customers, are contained in Exhibit F “Additional Terms.”
22.16 Exhibits. All exhibits attached to this Agreement are incorporated into this Agreement by
reference, for all intents and purposes of this Agreement, as follows:
Exhibit A Customer Service Area and mutually agreed point(s) of
delivery on the Effective Date.
Exhibit B Stand-by Charge (Example Calculation)
Exhibit C Example of the Annual Bill Calculation
Exhibit D Calculation of PILOT and Cost of Service Revenue
Requirement to Recover the Cost of Pilot
Exhibit E Map of Existing Connections Outside Customer's Service
Area [if any].
Exhibit F Additional Terms [if any]
[T H I S S P A C E I N T E N T I O N A L L Y B L A N K]
Agreement for Water Service 28
IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the Parties,
this Agreement has been executed in quadruplicate copies, each of which is considered to be an
original.
ATTEST: CITY OF FORT WORTH
___________________________________ By:__________________________________
City Secretary, City of Fort Worth Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
___________________________________
City Attorney, City of Fort Worth
Date: _____________________________
APPROVAL RECOMMENDED:
__________________________________
Director
City of Fort Worth Water Department
ATTEST: CUSTOMER ________________________
___________________________________ By:__________________________________
Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Attorney
Date: _________________________________
APPROVAL RECOMMENDED:
______________________________________
Print Name: ____________________________
Title: _________________________________
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Troy J. Meyer Director of Facilities & Recreation and
Jarrod Greenwood, Public Works Director
Subject: Regular Workshop Meeting of August 30, 2010
Date: August 19, 2010
Presentation and discussion of the regional trail plan and the FM 1938 project.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Infrastructure maintenance and planning
o On-going Comprehensive Planning
o Outstanding Community Appearance
o Open Space Preservation
The Town of Westlake is surrounded and serves as a member of the Northwest
Metroport, an assemblage of cooperating suburban cities which share urban
transportation service resources as well a common regional development. This regional
partnership includes City of Justin, City of Haslet, City of Roanoke, Town of Northlake,
Town of Trophy Club, and Town of Westlake.
BACKGROUND
Regional trails are an interconnected system of neighborhood, community, and regional
parks, natural areas, trails, open spaces, and recreation opportunities distributed equitably
throughout the area that is valued here and by our surrounding communities as an
essential element of the region’s: Economic success, Ecological health, Quality of life
and place.
The Town is a key player in having these connections with the City of Keller and
Southlake to the south and Roanoke and Trophy Club to the north. In March of 1999 the
Board of Alderman adopted the Town’s open space which included open space
comprehensive plan and open space standards. The plan recognized the inter-relation
between environmental stability, property protection, demands and opportunities for
urban and economic development, recreational and regional neighbors and a strong desire
to enhance the rural character of the Town. The plan was to develop to include on road
and off road trail system by developers.
The Town’s trails were constructed by residential and corporate developments which
include the Solana Business complex(private trails), Fidelity, Chrysler Financial, Deloitte
University, Glenwyck Farms, Vaquero, Terra Bella, and Westlake Academy. There are
gaps in the current connectivity for our neighborhoods, school, corporate campuses, and
surrounding communities due to the segmented development within the Town.
The regional Veloweb is 644 miles of interconnected network made up of on/off-street
trails. This trail system will provide safe, efficient mobility to pedestrians and cyclists in
North Texas. The regional Veloweb design consists of 12 -foot wide concrete trails with
roadway access and on-street bicycle routes with limited number of stop sign
intersections. The Veloweb will provide connectivity to neighborhoods with corporate
campuses, bringing communities together. As part of the FM 1938 Project there is a
$600,000 pedestrian underpass located just south of Vaquero Club Dr. and has no cost
impact to the Town. This crossing is a key component to the Town’s east-west trail
connection, providing a safe pedestrian crossing under the FM 1938.
FUNDING
N/A
Town of Westlake
Item # 5 –
Workshop
Adjournment
Back up material has not
been provided for this item.
Town of Westlake
Item # 2 – Pledge of
Allegiance
Texas Pledge:
"Honor the Texas
flag; I pledge
allegiance to thee,
Texas, one state under
God, one and
indivisible."
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Town of Westlake
Item # 3 – Citizen’s
Presentations and
recognitions
CONSENT AGENDA: All items listed below are considered routine by the Town
Council and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which
event the item will be removed from the general order of business and
considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on June 28, 2010.
b. Consider approval of the minutes from the meeting held on August 20,
2010.
c. Consider approval of Resolution 10-21, Approving the destruction of the
Town and TSHA records in compliance with the Texas State Library and
Archive Commission schedules.
d. Consider approval of Resolution 10-22, Authorizing continued
participation with the Atmos Cities Steering Committee and authorizing
payment of two cents per capita to the Atmos Cities Steering Committee to
fund regulatory and related activities related to Atmos Energy Corporation.
e. Consider approval of Resolution 10-23, Appointing a member to the
Public Arts Society.
f. Consider approval of Resolution 10-24, Authorizing the Town Manager to
execute an Agreement for Water Service between the Town of Westlake
and the City of Fort Worth, Texas relating to the wholesale purchase of
treated water.
g. Consider approval of Ordinance 624, Consenting to assignment of
Ordinance No. 408 to Allied Waste Services.
Town of Westlake
Item # 4 - Consent
Agenda Items
Town Council Minutes
06/28/10
Page 1 of 6
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
June 28, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT: Larry Corson
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant to the Town Manager Ginger
Awtry, Fire Chief, Richard Whitten Public Works Director Jarrod
Greenwood, Finance Director Debbie Piper, and Planning and
Development Director Eddie Edwards.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 5:09 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JUNE 28, 2010,
COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat asked to discuss the minutes from the May 24th
meeting retreat.
Revisions to the minutes were made as discussed.
Mayor Wheat also asked to discuss items h, i, and j of the consent agenda.
Discussion ensued regarding the number of parking spaces. Town Manager Brymer
stated another option would be using the Town’s reserve and establish a
reimbursement process to have the Academy reimburse the town.
Town Council Minutes
06/28/10
Page 2 of 6
3. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
4. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:37 p.m.
5. ADJOURNMENT
There being no further business, Mayor Wheat adjourned the workshop at 7:57 p.m.
Regular Session
1.
Mayor Wheat called the regular meeting to order at 7:57 p.m. Council Member Corson
was absent.
CALL TO ORDER
2.
PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS AND RECOGNITIONS:
Mayor Wheat presented Rebecca Rollins with a gift of recognition for her service
as a Council Member.
Allan Werst, 4035 Aspen Lane, provided an update regarding the Poppy Sales
and He thanked all of those who helped support the sales this year. He also
thanked the Council for volunteering their time and to taking the opportunity to
speak with residents regarding the implementation of taxes. He understands
this will be a difficult process and volunteering to assist in discussion. Mr. Werst
also would like to see the ability for residents to serve on the Board of Trustees
and Town Council independently.
Town Council Minutes
06/28/10
Page 3 of 6
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on April 19, 2010.
b. Consider approval of the minutes from the meeting held on May 3, 2010.
c. Consider approval of the minutes from the meeting held on May 17, 2010.
d. Consider approval of the minutes from the meeting held on May 24, 2010
e. Consider approval of Ordinance 640, Amending Chapter 78, Article III, Town
Owned Cemeteries, Section 78-60, renaming the Westlake Cemetery to I.O.O.F
Westlake Cemetery.
f. Consider approval of Resolution 10-12, Authorizing the Town Manager to enter
into an agreement with Vaquero HOA for sanitary sewer services related to the
discharge of effluent from Vaquero Golf Club’s water treatment equipment.
g. Consider approval of Resolution 10-13, Authorizing an agreement with Millican
Well Service LLC to install a water well on the Westlake Civic Campus.
h. Consider approval of Resolution 10-14, Awarding a bid to Gilco Contracting,
Inc., for installing of the parking pavement and utilities for the parking lot
expansion of the Arts and Sciences center located on the Westlake Civic Campus.
i. Consider approval of Resolution 10-15, Awarding a bid to Hadden, for installing
of the irrigation system and landscaping for the parking lot expansion of the Arts
and Sciences center located on the Westlake Civic Campus.
j. Consider approval of Resolution 10-16, Awarding a Bid to Cable Electric, Inc.,
for installing of the lighting package for the parking lot expansion of the Arts and
Sciences center located on the Westlake Civic Campus.
k. Consider approval of Resolution 10-17, Authorizing the Town Manager to enter
into an Inter-local Agreement with Tarrant County for Dove Road pavement and
drainage ditch repairs.
l. Consideration and discussion Resolution 10-18, To enter into an agreement for
the installation of water line improvements in Stagecoach Hills with Rodgers
Construction Company and authorizing the Town Manager to execute the
agreement.
MOTION: Council Members Cox and Rennhack made a motion to remove
items h through j form the consent agenda. Motion carried 4-0.
MOTION: Council Member Brittan made a motion to approve items a through
f and items k & l of the consent agenda. Council Member Langdon
seconded the motion. The motion carried by a vote of 4-0.
Discussion ensued regarding the bid as advertised and not reducing the amount
of parking spaces at the Academy. Town Manager Brymer proposed establishing
parking user fees for the 2010-2011 year.
Staff will present a budget amendment in August showing the use of $73,000
from the Town’s General Fund to which the Academy will reimburse through
user fees.
Town Council Minutes
06/28/10
Page 4 of 6
MOTION: Council Member Langdon made a motion to approve item h, of the
consent agenda. Council Member Cox seconded the motion. The
motion carried by a vote of 4-0.
MOTION: Council Member Langdon made a motion to approve item i of the
consent agenda. Council Member Brittan seconded the motion.
The motion carried by a vote of 4-0.
MOTION: Council Member Brittan made a motion to approve item j of the
consent agenda. Council Member Langdon seconded the motion.
The motion carried by a vote of 4-0.
5. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-19, APPOINTING
AND REAPPOINTING MEMBERS TO THE HISTORICAL PRESERVATION
SOCIETY, PLANNING AND ZONING COMMISSION, PUBLIC ART SOCIETY,
TEXAS STUDENT HOUSING AUTHORITY AND ENTITIES, AND WESTLAKE
ACADEMY FOUNDATION.
MOTION: Council Member Langdon made a motion to approve Resolution
10-19. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
6. CONSIDERATION AND DISCUSSION OF ORDINANCE 641, ADOPTING THE
OFFICIAL TOWN BOUNDARY MAP.
Planning and Development Director Edwards provided an overview of the uses and
reasons to update the Town boundary map.
MOTION: Council Member Langdon made a motion to approve Ordinance
641. Council Member Brittan seconded the motion. The motion
carried by a vote of 4-0.
7. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-20, RESOLUTION
STATING A NOTICE OF INTENT TO IMPLEMENT A PROPERTY TAX; AND
PROVIDING FOR EXEMPTIONS TO THE PROPERTY TAX; AND PROVIDING FOR
A LIMITATION ON TAXES FOR THE DISABLED AND ELDERLY; PROVIDING
FOR COLLECTION OF TAXES AND A COLLECTION FEE; PROVIDING FOR
NOTICE TO BE SENT TO THE TARRANT AND DENTON CENTRAL APPRAISAL
DISTRICTS.
Town Manager Brymer provided a presentation and overview of the resolution and
requirements to implement a property tax. Town Manager Brymer clarified that
adopting this resolution does not establish a property tax but it is necessary to proceed
with the implementation of a property tax for the 2011 year.
Town Council Minutes
06/28/10
Page 5 of 6
Attorney Cathy Cunningham provided Council information for the process of public
hearings and answered additional questions regarding requirements and exemptions.
Town Attorney Lowry explained in further detail the process and requirements to
implement a tax rate, the allowable exemptions and an optional tax freeze for over 65
and disabled. The attorneys are still reviewing how the exemptions established in 2003
with TAD, DCAD after the council takes action to clarify the direction on freeze.
Town Manager Brymer provided further clarification of how adopting the highest
exemption could implement the revenue and how it could determine the rate that would
need to be established.
MOTION: Council Member Brittan made a motion to approve the Town
Managers employment agreement with changes as discussed
during executive session. Council Member Brittan seconded the
motion. The motion carried by a vote of 4-0.
8. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment,
employment, evaluation, reassignment, duties, of a public officer or employee:
Town Manager
9. RECONVENE MEETING
Council did not convene into executive session.
10. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY
MOTION: Council Member Cox made a motion to approve Resolution 10-
20 with changes as discussed. Council Member Brittan seconded
the motion. The motion carried by a vote of 4-0.
11. FUTURE AGENDA ITEMS
- None
12. COUNCIL CALENDAR
- Newly Elected Official Training (TML – Irving)
July 23-24, 2010
Town Council Minutes
06/28/10
Page 6 of 6
- Council Budget Retreat
August 13, 2010 (Friday 9:00 – 1:00)
- Council Meeting
August 30, 2010
- Arbor Day
September 25, 2010
- Council Meeting (adoption of budget)
Sept. 27, 2010
Action Items:
Present a proposal for parking user fees at the August Board of Trustees meeting.
Create a webpage to be used for tax implementation documents
Schedule workshop/meeting with residents interested in participating with the
possible implementation of an Ad Valorem - property tax. Council will submit a list
of residents names to the Town Manager.
13. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the
meeting. Council Member Cox seconded the motion. The motion
carried by a vote of 4-0.
Mayor Wheat adjourned the meeting at 9:57 p.m.
APPROVED BY THE TOWN COUNCIL AUGUST 30, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
08/20/10
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
August 20, 2010
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon
and Rick Rennhack.
ABSENT: Larry Corson
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant to the Town Manager Ginger
Awtry, Fire Chief, Richard Whitten Public Works Director Jarrod
Greenwood, Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Management Inter Scott
Dixon and Christine Wagner-Powers.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 10:28 p.m.
2. DISCUSSION OF THE DIRECTIONFINDERS 2010 SURVEY, STRATEGIC
PLANNING, THE PROPOSED MUNICIPAL BUDGET FOR FISCAL YEAR 2010-
2011, AND FINANCIAL SUSTAINABILITY.
Mr. Chris Tatham provided a presentation and overview of the final DirectionFinders
survey results.
Discussion ensued regarding the breakdown of the citizens that answered the survey
and those that did not respond or are not engaged.
Town Manager Brymer asked Mr. Tatham to provide the charts to the Town Council as
view in the presentation.
Town Council Minutes
08/20/10
Page 2 of 2
Town Manager Brymer provided a presentation and overview of the proposed budget
“Securing the Vision”.
Discussion ensued regarding Fire and EMS dividing the Town into sections covered by
Keller, Southlake and Westlake only cover EMS.
Discussion also ensued on the Ad Valorem tax scenarios as presented to the Town
Council establishing the amounts for the O&M rate and the INS rate.
Considerations when issuing debt -
Cities try to have a mixture of cash and debt funded projects
Stabilize the General fund $.143 O&M generates $1M
ISS – would equal $.07 debt services would be 300K or 400K
Mayor Wheat asked the Council to provide her with some residents names that they feel
would benefit from the small forum meetings regarding a property tax.
Town Council Direction for Staff –
Check out refinancing of existing debt
Ask a Financial advisor if we could finance/borrow for O&M
Try to match those payments to the amounts subject to the abatements
Straight amortization vs. balloon
Highlight in future presentations that this FY 10-11 budget is less than the FY
09/10
Show the citizens we have the lowest tax rate
3. ADJOURNMENT
Mayor Wheat adjourned the meeting at 3:16 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 29, 2010.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Kelly Edwards, Town Secretary
Subject: Meeting August 30, 2010
Date: August 30, 2010
Consider a Resolution authorizing the destruction the destruction of the Town and TSHA records
in compliance with the Texas State Library and Archive Commission schedules.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Environmental stewardship initiatives
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Historic Preservation
In 1991 Council passed Ordinance 190 establishing Records Management. The Town Secretary
is designated as the Record Manager. Pursuant to Chapter 2, Section 2-208, we are requesting
the Town Council’s authorization to destroy the records contained on the destruction log. Each
record has met its retention requirement as established by the Texas State Library and Archive
Commission as adopted.
BACKGROUND
If approved the Town will use an Interlocal agreement established with Tarrant County for
destruction of these records. This is a free service provided by the County.
Sec. 2-208.
(a) A records control schedule that has been approved and adopted under section 2-207 shall be
implemented according to the policies and procedures of the records management plan.
Implementation of records control schedules; destruction of records under schedule.
(b) A record whose retention period has expired on a records control schedule shall be
destroyed unless an open records request is pending on the record, the subject matter of the
record is pertinent to a pending law suit, or there is a request in writing to the records
management officer that the record be retained for an additional period.
Page 2 of 2
(c) Prior to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained by the records management officer from the
board of aldermen.
(Ord. No. 190, § 9, 10-10-1991)
State law references: Retention periods, Local Government Code § 203.042.
No impact
FUNDING
To approve the Resolution
RECOMMENDATION
Resolution
ATTACHMENTS:
Destruction log
Resolution 10-21
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-21
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE DESTRUCTION OF THE TOWN, ACADEMY, AND
TSHA RECORDS IN COMPLIANCE WITH THE TEXAS STATE LIBRARY AND
ARCHIVE COMMISSION SCHEDULES.
WHEREAS, the Town Council adopted Chapter 2, Administration, Article VI, Records
Management; and
WHEREAS, it is desirable to reduce the cost of records storage of academic and
municipal and records; and
WHEREAS, the Town Council finds that the agreement from Tarrant County meets the
necessary requirements of the records destruction requirements established by State law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1:
All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
The Town Council of the Town of Westlake hereby authorizes the
destruction of those records that have met the retention requirements hereto as Exhibit “A” and
further authorizes the Records Manager, Town Secretary to destroy, the said records in
accordance to the State law through an Interlocal agreement with Tarrant County.
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 30th
day of August, 2010.
_____________________________
Laura L. Wheat, Mayor
Resolution 10-21
Page 2 of 2
ATTEST:
_______________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular Meeting of August 30, 2010
Date: August 24, 2010
Consideration of a Resolution authorizing continued participation with the Atmos Cities
Steering Committee and authorizing payment of two cents per capita to the Atmos Cities
Steering Committee to fund regulatory and related activities related to Atmos Energy
Corporation.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Sensitivity to neighborhood integrity
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
o Infrastructure maintenance and planning
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
o Historic Preservation
o Tourism development
Most municipalities have retained original jurisdiction over gas utility rates and services
within municipal limits. The Atmos Cities Steering Committee ("ACSC") is composed
of municipalities in the service area of Atmos Energy Corporation, Mid-Tex Division
regardless of whether original jurisdiction has been retained. Atmos is a monopoly
provider of natural gas. Because Atmos has no competitors, regulation of the rates that it
BACKGROUND
charges its customers in the only way that cities can ensure that natural gas rates are fair.
Working as a coalition to review the rates charged by Atmos allows cities to accomplish
more collectively than each city could do acting alone. Cities have more than 100 years
experience in regulating natural gas rates in Texas.
ACSC is the largest coalition of cities served by Atmos Gas-Mid Tex. There are 149
ACSC member cities, which represent more than 60 percent of the total load served
Atmos-Mid Tex. ACSC protects the authority of municipalities over the monopoly
natural gas provider and defends the interests of residential and small commercial
customers within the cities. Although many of the activities undertaken by ACSC are
connected to rate cases (and therefore expenses are reimbursed by the utility), ACSC also
undertakes additional activities on behalf of municipalities for which it needs funding
support from its members.
ACSC is actively involved in rate cases, appeals, rulemakings, and legislative efforts
impacting the rates charged by Atmos with the Town. These activities will continue
throughout the calendar year. It is possible that additional efforts will be necessary on
new issues that arise during the year, and it is important that ACSC be able to fund its
participation on behalf of its member cities. A per capita assessment has historically
been used, and is a fair method for the members to bear the burdens associated with the
benefits received from that membership.
The membership assessment for each ACSC city member is charged at a rate of 2 cents
($0.02) per capita, based on the population figure as shown in the latest TML Directory.
Westlake’s assessment is $14.00 and this amount is a budgeted item.
FUNDING
Staff recommends approval for the continued membership and payment in the Atmos
Cities Steering Committee.
RECOMMENDATION
Agenda Memo with supporting memo from Co-Chairs of the “ACSC” Steering
Committee and a list of member cities
ATTACHMENTS:
Resolution
Resolution 10-22
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, AUTHORIZING CONTINUED PARTICIPATION
WITH THE ATMOS CITIES STEERING COMMITTEE; AND
AUTHORIZING THE PAYMENT OF TWO CENTS PER CAPITA TO
THE ATMOS CITIES STEERING COMMITTEE TO FUND
REGULATORY AND RELATED ACTIVITIES RELATED TO ATMOS
ENERGY CORPORATION
WHEREAS, the Town of Westlake is a regulatory authority under the Gas Utility Regulatory Act (GURA) and has exclusive original jurisdiction over the rates and services of Atmos Energy Corporation, Mid-Tex Division (Atmos) within the municipal boundaries of the town; and
WHEREAS, the Atmos Cities Steering Committee (ACSC) has historically intervened in
Atmos rate proceedings and gas utility related rulemakings to protect the interests of
municipalities and gas customers residing within municipal boundaries; and
WHEREAS, ACSC is participating in Railroad Commission dockets and projects, as
well as court proceedings, affecting gas utility rates; and
WHEREAS, the Town is a member of ACSC; and
WHEREAS, in order for ACSC to continue its participation in these activities which affects the provision of gas utility service and the rates to be charged, it must assess its members for such costs.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
correct and are incorporated herein by reference as if copied in their entirety.
THAT, All matters stated in the Recitals above are found to be true and
SECTION 2:
THAT, the Town is authorized to continue its membership with the Atmos
Cities Steering Committee to protect the interests of the Town of Westlake and protect the
interests of the customers of Atmos Energy Corporation, Mid-Tex Division residing and
conducting business within the Town limits.
SECTION 3:
THAT, the Town is further authorized to pay its 2010 assessment to the
ACSC in the amount of two cents ($0.02) per capita based on the population figures for the City
shown in the latest TML Directory of City Officials and a copy of this Resolution and approved
assessment fee payable to “Atmos Cities Steering Committee” shall be sent to:
Resolution 10-22
Page 2 of 2
Mary Bunkley Treasurer, Atmos Cities Steering Committee c/o Arlington City Attorney’s Office, Mail Stop 63-0300 Post Office Box 90231 Arlington, Texas 76004-3231
SECTION 4:
If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the Board hereby determines that it would have adopted this Resolution
without the invalid provision.
SECTION 5:
That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL ON
THE 30 DAY OF AUGUST, 2010.
_______________________________
Laura Wheat, Mayor
ATTEST:
___________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Board of Aldermen
From: Kelly Edwards, Town Secretary
Subject: Regular Meeting of August 30, 2010
Date: August 19, 2010
ITEM
Consider a Resolution appointing Mike Silliman to the Westlake Public Arts Society.
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
Hospitality Finds its Home in Westlake
o Citizen engagement and communication
At the present time, two positions are vacant on the Westlake Public Arts Society. A
recommendation has been made to consider Mike Silliman fill one of the vacant positions.
BACKGROUND
N/A
FUNDING
Staff recommends that the Board fill this vacancy with returning member Mike Silliman.
RECOMMENDATION
Resolution
ATTACHMENTS
Resolution 10-23
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-23
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPOINTING A MEMBER TO THE WESTLAKE PUBLIC ARTS SOCIETY.
WHEREAS, Currently, one vacancy exist on the Westlake Public Arts Society; and
WHEREAS, the Town Council has received one application for consideration of re-
appointment; and
WHEREAS, the meeting at which this Resolution was considered was open to the
public as required by law, and public notice of the time, place, and subject of the meeting has
been given in accordance with Chapter 551, Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
That the Town Council of the Town of Westlake does hereby
appoint the following individual to serve as a member of the Westlake Public Arts
Society for the term noted below:
Mike Silliman an expiring term of June 2012.
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 30th
DAY OF AUGUST 2010.
_________________________________
Laura L. Wheat, Mayor
Resolution 10-23
Page 2 of 2
ATTEST:
____________________________ __________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of June 28, 2010
Date: August 24, 2010
Consider a resolution authorizing the Town Manager to execute an Agreement for Water
Service between the Town of Westlake and the City of Fort Worth, Texas relating to the
wholesale purchase of treated water.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Infrastructure maintenance and planning
Staff presented the proposed City of Fort Worth wholesale water contract at the earlier
workshop meeting. This new 20 year contract is the result of a collaborative effort that
facilitated a unified voice of the wholesale customer cities. Fort Worth responded to
concerns and made some changes. However, as discussed in the workshop, the new
contract includes a PILOT and an increase in street rental fees which will increase the
cost of water to Westlake citizens.
BACKGROUND
The proposed agreement will increase the cost of wholesale water by approximately
generate approximately $50,000 annually and is included in the proposed FY 10/11
budget for the Utility Fund.
FUNDING
Staff recommends approval.
RECOMMENDATION
Resolution
ATTACHMENTS:
Exhibit A – Agreement for Water Service
Resolution 10-24
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 10-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ENTERING INTO AN AGREEMENT FOR WATER SERVICE WITH THE
CITY OF FORT WORTH, TEXAS, RELATING TO THE WHOLESALE PURCHASE
OF TREATED WATER; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the provision of water service throughout the Town of Westlake is of vital
importance to the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to secure and maintain an adequate potable water source
for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to provide water services for its citizens; and
WHEREAS, the Town Council find that providing sewer service provides sound
infrastructure planning consistent with goals and objectives within the adopted strategic plan;
and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
The Town Council of the Town of Westlake hereby approves the
Agreement for Water Services related to the provision of wholesale treated water by the City of
Fort Worth, attached as Exhibit “A”, and further authorizes the Town Manager to execute the
agreement on behalf of the Town of Westlake, Texas.
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4:
That this resolution shall become effective from and after its date of
passage.
Resolution 10-24
Page 2 of 2
PASSED AND APPROVED ON THIS 30TH
DAY OF JULY, 2010.
_________________________________________
Laura Wheat, Mayor
ATTEST:
___________________________ __________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
AGREEMENT FOR WATER SERVICE BETWEEN
THE CITY OF FORT WORTH, TEXAS, AND
_________________________, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
This Contract and Agreement (“Agreement”) is made and entered into this __ day of
_________, 20__, by and between the City of Fort Worth, a municipal corporation located in
Tarrant County, Texas, acting by and through _____________, its duly authorized Assistant City
Manager, hereinafter called “Fort Worth,” and ___________________, located in ________
County, Texas, acting by and through _____________, its duly authorized ____________,
hereinafter called “Customer,” and hereinafter collectively referred to as the “Parties”.
WHEREAS, Fort Worth has provided at its own expense, and now owns, operates and
maintains facilities for processing and distributing a large supply of surface water, and at the present
time, is qualified to furnish and deliver treated water, both within and without the corporate
boundaries of Fort Worth;
WHEREAS, Customer has provided at its own expense and now owns, operates, and
maintains a distribution system, and furnishes water service to the customers within its boundaries;
WHEREAS, Customer does not have and cannot provide economically and within a
reasonable period of time, any other source of water supply, fully adequate to meet its present
and/or future needs or potential emergency needs;
WHEREAS, it is deemed to be in the best interest of both Fort Worth and Customer that the
Parties enter into a mutually satisfactory agreement by means of which Customer may obtain from
Fort Worth a supply of treated water at a reasonable rate;
WHEREAS, by the execution of this Agreement, neither Fort Worth nor Customer will surrender
any of its rights to the ownership and operation of its present water production and distribution
facilities;
WHEREAS, Customer desires to continue to contract for the purchase of treated water and
Fort Worth desires to continue to sell treated water to Customer;
WHEREAS Customer and Fort Worth desire to provide for reasonable wholesale contract
rates for the purchase of treated water sufficient to assure confidence in the financial soundness of
the Fort Worth utility, adequate to maintain and support the utility’s credit and sufficient to
enable Fort Worth to raise the money necessary for the proper discharge of its public duties in the
provision of water service and
WHEREAS, Chapters 552 of the Texas Local Government Code and 791 of the Texas
Government Code authorize Fort Worth and Customer to enter into this Agreement.
Agreement for Water Service 2
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS that for and in consideration
of the mutual covenants, promises and agreements contained herein, Fort Worth and Customer
do hereby covenant and agree as follows:
Table of Contents
ARTICLE 1. Definitions...........................................................................................................5
1.1 Annual Consumption....................................................................................................5
1.2 Average Daily Use........................................................................................................5
1.3 Calendar Day................................................................................................................5
1.4 Capital Improvements...................................................................................................5
1.5 Chapter 395...................................................................................................................5
1.6 Customer’s Service Area..............................................................................................5
1.7 Customer System..........................................................................................................5
1.8 Delivery Facility...........................................................................................................5
1.9 Director.........................................................................................................................5
1.10 Emergency.....................................................................................................................5
1.11 Equivalent Meters or EM..............................................................................................5
1.12 Facility Expansion........................................................................................................6
1.13 Fiscal Year....................................................................................................................6
1.14 Fort Worth.....................................................................................................................6
1.15 Fort Worth System........................................................................................................6
1.16 Impact Fee.....................................................................................................................6
1.17 Maximum Day Demand................................................................................................6
1.18 Maximum Hour Demand..............................................................................................6
1.19 MG and MGD...............................................................................................................6
1.20 Parties............................................................................................................................6
1.21 Rate of Use Charge.......................................................................................................6
1.22 Raw Water Charge........................................................................................................6
1.23 Return Water.................................................................................................................6
1.24 Service Charge..............................................................................................................6
1.25 Street Rental..................................................................................................................6
1.26 Stand-by Charge............................................................................................................7
1.27 System Cost..................................................................................................................7
1.28 TCEQ............................................................................................................................7
1.29 Treatment, Pumping and Transmission Charge............................................................7
1.30 Volume Charge.............................................................................................................7
ARTICLE 2. Delivery of Water...............................................................................................7
2.1 Delivery.........................................................................................................................7
2.2 Acceptance and Payment..............................................................................................7
2.3 Operations.....................................................................................................................7
2.4 Raw Water Contract......................................................................................................8
2.5 Water Use Restrictions and Conservation....................................................................8
2.6 Requirements of 30 Tex. Admin. Code Chapter 288....................................................8
2.7 Consultation with WCAC.............................................................................................9
Agreement for Water Service 3
ARTICLE 3. Location and Maintenance of Measuring Devices................................................9
3.1 Metered Water..............................................................................................................9
3.2 Point(s) of Delivery.......................................................................................................9
3.3 Cost of New or Additional Connections.......................................................................9
3.4 Check Meter..................................................................................................................9
ARTICLE 4. Meters................................................................................................................10
4.1 Testing.........................................................................................................................10
4.2 Corrections..................................................................................................................10
4.3 Requested Testing.......................................................................................................10
4.4 Out of Service Meter...................................................................................................10
ARTICLE 5. Meter Reading and Billing .................................................................................11
5.1 Reading Meters...........................................................................................................11
5.2 Records.......................................................................................................................11
5.3 Multiple Meters...........................................................................................................11
5.4 October Billing............................................................................................................11
5.5 Billing and Payment....................................................................................................11
5.6 Billing Disputes..........................................................................................................11
ARTICLE 6. Rates..................................................................................................................11
6.1 Method of Rate Determination...................................................................................11
6.2 Rates to be Used..........................................................................................................13
ARTICLE 7. Payment for Water............................................................................................14
7.1 Annual Payment..........................................................................................................14
7.2 Withdrawal Rate..........................................................................................................15
7.3 Monthly Payments......................................................................................................15
7.4 Total Annual Payments...............................................................................................15
7.5 Rate of Use Charge......................................................................................................15
7.6 Applicability of Stand-by Charge .................................................................................16
ARTICLE 8. Effective Date...................................................................................................16
ARTICLE 9. Term..................................................................................................................16
ARTICLE 10. Rights-of-Way...................................................................................................16
ARTICLE 11. TCEQ Public Water Supply Approval...............................................................17
ARTICLE 12. Resale of Water.................................................................................................17
12.1 Outside Service Area..................................................................................................17
12.2 Exceptions...................................................................................................................17
ARTICLE 13. Sanitary Sewer Facilities ....................................................................................17
ARTICLE 14. Additional Wholesale Customers.......................................................................17
ARTICLE 15. Wholesale Customer Advisory Committee........................................................18
ARTICLE 16. Impact Fees........................................................................................................18
16.1 Calculation and Payment of Impact Fees....................................................................18
16.2 Multiple Surface Water Providers..............................................................................18
16.3 Use of Impact Fees......................................................................................................18
16.4 Impact Fee Report.......................................................................................................19
16.5 No Waiver...................................................................................................................19
16.6 CIFC............................................................................................................................19
16.7 Capital Improvements Plan.........................................................................................19
16.8 Dissemination of Documents......................................................................................19
Agreement for Water Service 4
16.9 Audited Financial Statement.......................................................................................20
16.10 Current Impact Fees....................................................................................................20
16.11 Changes to Chapter 395..............................................................................................20
ARTICLE 17. Breach, Termination and Other Remedies..........................................................20
17.1 Termination by Mutual Consent.................................................................................20
17.2 Termination for Material Breach................................................................................20
17.3 Termination for Repeated Breach...............................................................................20
17.4 Material Breach...........................................................................................................20
17.5 Notice and Cure..........................................................................................................21
17.6 Notice and Cure for Nonpayment of Impact Fees......................................................21
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation.................21
17.8 Failure to Provide Notice of Withdrawal Rate under § 7.2........................................21
17.9 Effect of Termination..................................................................................................22
17.10 No Waiver by Fort Worth...........................................................................................22
17.11 No Waiver by Customer.............................................................................................22
ARTICLE 18. Ownership and Liability.....................................................................................22
18.1 No Joint Venture.........................................................................................................22
18.2 Liabilities....................................................................................................................22
18.3 Contractors..................................................................................................................23
ARTICLE 19. Force Majeure....................................................................................................23
19.1 Notice and Suspension................................................................................................23
19.2 Definition....................................................................................................................23
ARTICLE 20. Notices...............................................................................................................23
20.1 Required Notice..........................................................................................................23
20.2 Delivery and Receipt...................................................................................................24
20.3 Change of Address Notices.........................................................................................24
ARTICLE 21. Inspection and Audit..........................................................................................24
ARTICLE 22. Miscellaneous....................................................................................................24
22.1 Favored Nations..........................................................................................................24
22.2 Suspension of Rate of Use Charges..............................................................................24
22.3 Water to Adjacent Areas.............................................................................................24
22.4 Subject to Laws and Permits.......................................................................................25
22.5 Entry on Customer’s Premises....................................................................................25
22.6 Alternative Dispute Resolution...................................................................................25
22.7 Information.................................................................................................................26
22.8 Assignment.................................................................................................................26
22.9 No Waiver...................................................................................................................26
22.10 VENUE .........................................................................................................................26
22.11 Construction................................................................................................................26
22.12 Severability.................................................................................................................26
22.13 Use of Return Water...................................................................................................27
22.14 System Regulatory Actions.........................................................................................27
22.15 Additional Contract Terms.........................................................................................27
22.16 Exhibits.......................................................................................................................27
Agreement for Water Service 5
ARTICLE 1. Definitions
The following definitions, when capitalized, apply throughout this Agreement:
1.1 Annual Consumption. The total quantity of water purchased under the terms of this
Agreement by Customer during the Fiscal Year as determined by the difference in the annual
October meter readings.
1.2 Average Daily Use. The Annual Consumption divided by the number of calendar days in
the Fiscal Year year.
1.3 Calendar Day. The period from midnight of one day to 11:59 PM of the next day.
1.4 Capital Improvements. Any of the following facilities which provide utility services and
benefits common to all customers (both retail and wholesale) and that have a life expectancy of
three (3) or more years, whether such improvements are located within the jurisdictional limits
(including the extra-territorial jurisdiction) of Fort Worth or Customer, and consisting of: water
treatment facilities; metering facilities; control systems and appurtenances; storage facilities;
pumping facilities; and all mains that are sixteen inches (16") and greater in diameter. Capital
Improvements include the initial construction or the expansion of such facilities, as necessary to
serve new development.
1.5 Chapter 395. Chapter 395 of the Texas Local Government Code, as it may be amended
or re-codified from time to time.
1.6 Customer’s Service Area. The area inside the Customer’s boundaries and inside the
Customer’s Certificate of Convenience and Necessity, as shown on Exhibit A, except that the
Customer may, with written notice to the Director, exclude a contiguous area that receives its
entire water service from provider(s) other than Fort Worth.
1.7 Customer System. All necessary Customer mains and distribution facilities on the
Customer's side of the meter from and beyond the point of delivery of treated water by Fort
Worth.
1.8 Delivery Facility. Any facility necessary for the transmission of water from the Fort
Worth System that is on the Customer's side of the point of delivery that is constructed
specifically to allow Fort Worth to serve Customer.
1.9 Director. The Director of Fort Worth Water Department or his designee.
1.10 Emergency. A situation, event or condition created by unforeseeable mechanical failure,
unprecedented high rate of treated water usage (such as might result from a major fire or a major
water main break) or circumstances beyond the Party’s reasonable control.
1.11 Equivalent Meters or EM. A means of relating a large-use customer with a base
(residential) use customer. Fort Worth Water Department uses 5/8 x ¾ inch meter capacity as an
EM. The ratio of larger meter’s capacity to the 5/8 x ¾ inch meter capacity is the number of
EMs for each meter size.
Agreement for Water Service 6
1.12 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.
1.13 Fiscal Year. The fiscal year of Fort Worth, which is from October 1st through September
30th.
1.14 Fort Worth. The City of Fort Worth, acting by and through it’s duly authorized Assistant
City Manager, who may delegate to the Director.
1.15 Fort Worth System. The Fort Worth water treatment and distribution system.
1.16 Impact Fee. A capital contribution funding or recouping the cost of Capital
Improvements necessitated by and attributable to new development, subject to and as provided in
Article 16 of this Agreement.
1.17 Maximum Day Demand. The maximum quantity of water used by Customer during one
calendar day of the Fiscal Year.
1.18 Maximum Hour Demand. The quantity of water used by Customer during the one hour
of the Fiscal Year that more water passed through the meter or meters serving the Customer than
during any other hour of the Fiscal Year, multiplied by 24 hours and expressed as MGD.
1.19 MG and MGD. MG is million gallons; MGD is million gallons per day.
1.20 Parties. Fort Worth and the Customer, or each individually.
1.21 Rate of Use Charge. The charge for Maximum Day Demand in excess of Average Daily
Use and for Maximum Hour Demand in excess of Maximum Day Demand, as provided in § 7.5
and Exhibit C.
1.22 Raw Water Charge. The rate for 1,000 gallons charged by the Tarrant Regional Water
District to Fort Worth for raw water to be sold to the Customer plus four percent (4%),
representing Fort Worth system losses of four percent (4%).
1.23 Return Water. All water that is returned to Fort Worth via discharge into Fort Worth’s
wastewater system for treatment by Fort Worth’s Village Creek Wastewater Treatment Plant or
another wastewater treatment plant that is owned or operated (directly or through contract) by
Fort Worth.
1.24 Service Charge. A fixed monthly charge per wholesale meter, as set forth in the annual
cost-of-service rate study, designed to include a portion of Fort Worth Water Department’s cost
for wholesale customer billing and accounting.
1.25 Street Rental. The Street Rental charged to the wholesale customers of the Fort Worth
System is intended to be compensation for use of public rights-of-way. The Street Rental is
established at five percent (5%)of the revenue requirements, excluding Payment in Lieu of Taxes
Agreement for Water Service 7
(PILOT). The Street Rental can not be decreased without the consent of Fort Worth in its sole
discretion and, in the event of an increase, can only be increased in one percent (1%) increments
once every five (5) years starting on the anniversary date of this Agreement in 2016, and shall
never exceed the rate being collected from the natural gas franchised utility serving the City of
Fort Worth or the rate collected from the retail water customers of Fort Worth, whichever is less.
1.26 Stand-by Charge. The fee set forth in § 7.1.3 and Exhibit B. The Stand-by charge is
intended to allow a wholesale customer to rely on the Fort Worth System for stand-by delivery of
water for the Customer’s Emergency use only, as provided in § 7.6.
1.27 System Cost. System Cost, as provided in § 6.1.2.
1.28 TCEQ. The Texas Commission on Environmental Quality or its successor agency.
1.29 Treatment, Pumping and Transmission Charge. The rate, per 1,000 gallons used,
regardless of rate of use, as determined by the annual cost-of-service rate study, and which shall
include the maintenance and operation costs, and the capital facilities cost on the part of the
production and transmission system related to annual use.
1.30 Volume Charge. The combined total of the Treatment, Pumping and Transmission
Charge plus the Raw Water Charge in effect for the current Fiscal Year.
ARTICLE 2. Delivery of Water
2.1 Delivery. Fort Worth agrees, subject to the amount of raw and treated water available to
Fort Worth, to furnish and sell to Customer treated water of potable quality meeting all
applicable governmental standards, delivered under the normal operating pressure prevailing in
the Fort Worth System at the Customer point or points of delivery mutually agreed upon, without
guarantee of a specific minimum pressure. Mutually agreed point(s) of delivery on the Effective
Date are shown on Exhibit A.
2.2 Acceptance and Payment. Customer agrees to accept delivery of and to pay for the water
in accordance with the terms and conditions of this Agreement. Customer understands and
acknowledges that Customer is responsible for maintaining water pressure in the Customer’s
System, and that maintaining a certain water delivery pressure requires use of storage or pumps
on Customer’s System.
2.3 Operations. Fort Worth is entitled at any and all times to install, repair, maintain, and
replace any equipment or devices in the Fort Worth System. In an Emergency, Fort Worth may
take necessary action (including reduction or cessation of water service to Customer) as
necessary or appropriate to allow Fort Worth at all times to maintain a minimum pressure as
required by law at all retail service locations directly served by Fort Worth, and Fort Worth is
excused from the requirements of § 2.1 to the extent caused by an Emergency or by Force
Majeure or Fort Worth’s reasonable efforts to respond to such conditions. In the event of such
service interruptions, Fort Worth shall make every reasonable effort to expedite the restoration of
service in a timely manner, and shall not unreasonably interrupt, withhold or delay service to
Customer.
Agreement for Water Service 8
2.4 Raw Water Contract. In accordance with the terms of Fort Worth City Secretary
Contract No. 12720 between Fort Worth, the City of Arlington, the City of Mansfield, Trinity
River Authority, and the Tarrant Regional Water District, this Agreement shall be deemed
subordinate in all respects to the water requirements of the above contracting Parties as specified
in Section 3 of that contract.
2.5 Water Use Restrictions and Conservation.
2.5.1 If Fort Worth in any way restricts, rations or conserves the use of water
throughout its CCN during an Emergency declared by the Director, then within 24
hours of being notified of the action of Fort Worth, Customer shall institute and
apply the same restrictions and/or measures as to the use of the water by the
customers of Customer.
2.5.2 If Fort Worth in any way restricts, rations or conserves the use of water
throughout its CCN as authorized by the then Fort Worth City Council and
adopted by ordinance, then Customer agrees to institute, apply and enforce the
same rationing, conservation measures, or restrictions to the use of water by the
customers of Customer for so long as any part of the total water supply of the
Customer is being furnished by Fort Worth. Customer shall submit to Fort
Worth, within sixty (60) days of the action taken by the City Council of Fort
Worth, a copy of the Customer’s city council and/or governing board resolution
and/or ordinance adopting the same measures as Fort Worth.
2.5.3 If Customer fails to comply with its obligations under this § 2.5 then, in addition
to the remedies available under Article 17, Fort Worth may install or adjust any
rate of flow controllers necessary to physically achieve compliance, regardless of
whether the rate of flow controller to be installed or adjusted is on Fort Worth’s or
Customer’s side of the meter.
2.6 Requirements of 30 Tex. Admin. Code Chapter 288 (“Ch. 288”).
2.6.1 As required by 30 Tex. Admin. Code § 288.5(1)(G), this Agreement requires
Customer to develop and implement a water conservation plan or water
conservation measures using the applicable elements of Tex. Admin Code Ch.
288.
2.6.2 As required by 30 Tex. Admin. Code § 288.22(a)(8), this Agreement requires
that, in case of a shortage of water resulting from drought, the water to be
distributed shall be divided in accordance with Texas Water Code § 11.039.
2.6.3 To the extent that Customer fails to comply with § 2.5 above or meet any
additional requirements under 30 Tex. Admin. Code Chapter 288, Customer
agrees to implement and comply with Fort Worth’s water conservation plans and
measures and drought contingency plan until the Customer’s own plans and
measures are brought into compliance.
Agreement for Water Service 9
2.7 Consultation with WCAC. Except when the Director determines that emergency
conditions require short-term restriction, conservation or rationing to meet all necessary water
demands, Fort Worth agrees to consult with the Wholesale Customer Advisory Committee, in
the development of any restriction, conservation, rationing, or drought contingency plans that the
Director determines may be necessary to address operational constraints, whether or not required
by any state or federal regulatory agency, or deemed advisable by the Wholesale Customer
Advisory Committee to manage long term System Costs, except where emergency conditions
may dictate short-term restriction, conservation or rationing requirements as may be determined
by the Director to meet all necessary water demands.
ARTICLE 3. Location and Maintenance of Measuring Devices
3.1 Metered Water. All water furnished under this Agreement by Fort Worth shall be
measured by one or more suitable meters equipped with continuous flow, chart recording
devices, and telemetering equipment connected with the Fort Worth control center. All meters,
recording devices, telemetering equipment and appurtenances (including any flow control
equipment required by § 7.2) shall be approved and installed by Fort Worth. Customer shall pay
for the meter vault and all metering equipment, including telemetering equipment to the Fort
Worth control center, and appurtenances, plus the installation cost thereof. Fort Worth shall pay
all costs associated with the operation and maintenance of said equipment and shall pay for the
replacement of said equipment as necessary. Such costs, as well as charges for the telelink line
and microwave transmitter and the power to operate same, shall be a System Cost.
3.2 Point(s) of Delivery. The point or points of delivery of treated water by Fort Worth shall
be the meter vault connection to Customer's side of the meter, and all necessary mains and
distribution facilities from and beyond that point shall be the responsibility of Customer. The
location of each meter shall be mutually agreed upon in writing by and between the Parties and
the meter or meters shall not be moved or relocated except by mutual consent in writing by the
Parties.
3.3 Cost of New or Additional Connections. Customer shall pay the cost of each new,
enlarged or additional Customer connection to the Fort Worth System, including the cost of the
wholesale meter and the Customer’s proportionate share of any improvements required for that
connection or related service to be provided at the delivery point. The Customer’s cost shall be
calculated in the same manner as the “developer’s cost” for special facilities, including pipelines
under Fort Worth’s then-existing Water and Wastewater Installation Policy, as determined by the
Director. The Customer will pay that amount to Fort Worth before making the new or additional
connection to the Fort Worth System, and the amount shall not be a System Cost.
3.4 Check Meter. Either Party, at its own expense, may install a check meter to check or
measure the volume of water passing the master meter, provided that, if such check meter is
installed, the same rules and regulations relative to its operation, maintenance and reading shall
apply as to the master meter being tested.
Agreement for Water Service 10
ARTICLE 4. Meters
4.1 Testing. Fort Worth shall routinely test for accuracy, and service and calibrate if
necessary, the master meter at each point of delivery no less than once during each twelve (12)
month period. Copies of the results of such calibration and all related information shall be
provided to Customer. Customer shall have access to the metering 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 test shall be provided to the Customer at
least seventy-two (72) hours prior to such test being conducted and Customer may observe such
test, if so desired.
4.2 Corrections. Upon any calibration of a Wholesale Customer’s meter, if it is determined
that the accuracy envelope of such meter is found to be lower than ninety-five percent (95%) or
higher than one-hundred-five percent (105%) expressed as a percentage of the full scale of the
meter, the registration of the flow as determined by such defective meter shall be corrected for a
period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such
time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed
since the date of the last calibration, but in no event further back than a period of six (6) months.
All meters will be properly sealed, and the seals shall not be broken unless representatives of
both Parties have been notified and given a reasonable opportunity to be present. If the meter,
after testing, is found to be in error outside the parameters established in this Agreement, the
amounts due to or due from Fort Worth shall be determined based upon the prevailing wholesale
rates which were in effect at the time the meter was determined to be malfunctioning. The
amount due to or due from Fort Worth shall be payable within thirty (30) days from the date of
receipt of the invoice for said amounts by Fort Worth or by Customer. In addition, the
Wholesale Customer’s volume and rate of use records shall be corrected, as determined by the
meter testing.
4.3 Requested Testing. Customer shall have the right to request Fort Worth to test any
meter(s), but no more frequently than quarterly. Upon any such request, Fort Worth agrees to
perform its testing and calibration of the meter(s) with notice to Customer, and the Parties shall
be entitled to jointly observe any testing, calibration, and adjustments that are made to the
meter(s), in the event such modifications are necessary. For such additional testing request, Fort
Worth shall give Customer notice forty-eight (48) hours in advance of the time when that testing
will occur. Customer shall pay the cost of the additional test requested for any meter(s) if the
test shows that the meter(s) is accurate (within five percent (5%) registration), but Fort Worth
shall pay the costs of the additional test if the results indicate that the meter(s) is not accurate (in
excess of five percent (5%) registration).
4.4 Out of Service Meter. If any meter used to determine the flow of treated water to
Customer is out of service or out of repair so that the amount of water metered cannot be
ascertained or computed from reading the meter, then the water delivered during the period that
the meter is out-of-service or out of repair shall be estimated and agreed upon by the Parties
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 that metering station under similar
Agreement for Water Service 11
conditions. If the Parties cannot agree on the extrapolated estimate of water volume delivered,
then agreement on the flow volume will be determined by § 22.6 dispute resolution.
ARTICLE 5. Meter Reading and Billing
5.1 Reading Meters. Fort Worth will read all meters provided for herein at monthly intervals,
and the Parties shall have free access to read these respective meters daily, if either Party so
desires. Each Party has the duty to give immediate notice to the other of any meter that it finds is
not functioning properly. Upon such notice, repairs to such meter shall be made promptly.
5.2 Records. All readings of meters will be entered into the records maintained by Fort
Worth. Customer shall have access to such records during reasonable business hours and shall
be furnished with monthly readings for each point of delivery metering facility.
5.3 Multiple Meters. If Customer has more than one point of connection to the Fort Worth
System, the sum of all meter readings and rates of flow shall be used for the purpose of
calculating the water Volume Charge and the Rate of Use Charge.
5.4 October Billing. A review of water usage amounts by Customer for the past twelve (12)
months shall be made during the presentation of the October bill each year. The October
statements shall be prepared so as to reflect any and all Rate of Use Charges for the Fiscal Year
just ended which have not been previously billed and paid. A copy of the rate of flow charts or
other records showing the Maximum Day Demand and the Maximum Hour Demand for the
Fiscal Year just ended shall be furnished to Customer with the October billing.
5.5 Billing and Payment. Bills for water service shall be rendered to Customer monthly by
Fort Worth, and 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. 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.
5.6 Billing Disputes. 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 § 22.6 dispute
resolution procedures. Dispute of a bill shall not be grounds for non-payment. If a bill or other
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. If a billing
adjustment is agreed upon or otherwise established by dispute resolution, then the amount found
to be incorrect will be credited to 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.
ARTICLE 6. Rates
6.1 Method of Rate Determination.
6.1.1 Wholesale water rates will be based upon an annual cost-of-service rate study
with a rate study conducted every three years by an independent utility rate
Agreement for Water Service 12
consultant as provided for in § 6.1.4. The independent utility rate consultant shall
be selected by the Director from a list of five qualified firms submitted to the
Director by the Wholesale Customer Advisory Committee. The cost of any such
study shall 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.
6.1.2 The System Cost (i.e., the cost-of-service for the wholesale class) shall include
allocated reasonable and necessary operation and maintenance expense;
depreciation expense; a fair and reasonable return on allocated capital facilities as
provided in § 6.1.3; general and administrative costs; commodity charges
including the Raw Water Charge; the cost of treated water; transmission losses;
Street Rental (calculated as provided in § 1.25); and Payment In Lieu of Taxes
(“PILOT” calculated as provided in Exhibit D). 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,
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. The “rate base” shall consist of all allocated capital facilities, net
of depreciation and 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. The methodology shall be that used in the most recent wholesale water
rate study completed and approved by the Fort Worth City Council before the
Effective Date, which Customer acknowledges having received prior to executing
this Agreement. 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.
6.1.3 Fort Worth shall be allowed to earn and recover in rates a rate-of-return on the
rate base as described in § 6.1.2. That rate of return shall be equal to the weighted
average imbedded cost of outstanding debt plus one and one-half percent
(1-1/2%). The parties agree that this rate of return is reasonable.
6.1.4 For the Fiscal Years beginning October 1, 2011, 2014, 2017, 2020, 2023 2026 and
2029, a detailed wholesale water rate study will be performed by an independent
utility rate consultant selected by the Director in conformance with § 6.1.1. The
same methodology used in the immediate previous rate study will be utilized by
the rate consultant so selected. In the interim Fiscal Years between detailed rate
studies, Fort Worth will adjust wholesale water rates annually, using the same
methodology as the last detailed rate study, and will utilize the actual operating
data for the twelve (12) month period ending September 30th of the prior year,
adjusted for all known and measurable changes in cost data that may have
occurred since the last audited financial statement. Such adjustments should allow
for year-end trending and the spreading of non-recurring expenses over an
appropriate benefit period.
Agreement for Water Service 13
6.1.5 Changes in the wholesale water rate methodology will be allowed if
recommended by a majority vote of the Wholesale Customer Advisory
Committee and approved by the Fort Worth City Council. For purposes of this
§ 6.1.5, a majority is defined as any combination of Fort Worth wholesale
customers that took more than fifty percent (50%) of the wholesale water
delivered by Fort Worth during the immediate past Fiscal Year.
6.2 Rates to be Used.
6.2.1 The rates and charges to be effective upon approval of this Agreement shall be
those calculated by the most recent cost of service study and adopted by the Fort
Worth City Council to take effect during the current Fiscal Year.
6.2.2 The Raw Water Charge shall be increased or decreased when the raw water cost
paid by Fort Worth for water available for treatment and sale to Customer is
increased or decreased as determined by the Tarrant Regional Water District in
accordance with Fort Worth City Secretary Contract No. 12720.
6.2.3 The Parties agree that services obtained pursuant to this Agreement are essential
and necessary to the operation of Customer's waterworks facilities and that all
payments made by Customer hereunder shall constitute reasonable and necessary
operating expenses of Customer's waterworks and wastewater systems within the
meaning of § 1502.056 of the Texas Government Code, and the provisions of any
and all ordinances of Customer authorizing the issuance of any revenue bonds of
Customer which are payable from its waterworks and wastewater systems.
6.2.4 Customer agrees, throughout the term of this Agreement, to fix and collect such
rates and charges for water 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.
6.2.5 Customer understands that Fort Worth City Council has the right to annually
revise the rates charged to cover all reasonable, actual, and expected costs.
Revision of rates shall be pursuant to the provisions set forth in this Agreement.
Fort Worth shall give Customer a minimum of six (6) months notice of intent to
revise rates. Fort Worth will furnish members of the Wholesale Customer
Advisory Committee a draft copy of the cost-of-service study of the proposed
rates sixty (60) days prior to Fort Worth submitting a rate increase request to its
City Council. Within thirty (30) days of receiving the draft study, the Wholesale
Customer Advisory Committee will submit its written comments on the draft
study to Fort Worth, and Fort Worth will respond to these comments as soon
thereafter as possible. If the Wholesale Customer Advisory Committee has not
provided its written comments within said period, the Wholesale Customer
Agreement for Water Service 14
Advisory Committee is deemed to have accepted the proposed rates contained in
the draft study, and Customer agrees that it will be bound by the rates as approved
by the Fort Worth City Council. The rates approved by the Fort Worth City
Council shall be the rates to be used in this Agreement for the succeeding Fiscal
Year.
ARTICLE 7. Payment for Water
Payment of charges to Fort Worth for water used by Customer shall be made as follows:
7.1 Annual Payment. The annual payment will be the charges computed based on all water
delivered by Fort Worth to Customer during the current Fiscal Year at rates set pursuant to this
Agreement. For purposes of calculating the annual payment, the current year will be the Fiscal
Year during which the water usage occurred. However, the minimum annual payment will be
the greater of the following:
7.1.1 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use
Charges (Exhibit C, Example 1); or
7.1.2 the current Fiscal Year Volume Charge times the current Fiscal Year Annual
Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use
Charges applied to the average of the Maximum Day Demand above Average
Daily Use and the average of the Maximum Hour Demand above Maximum Day
Demand for the most recently completed three (3) Fiscal Years (to include the
current Fiscal Year) (Exhibit C, Example 2); or
7.1.3 if applicable to Customer, a Stand-by Charge equal to:
(a) twelve (12) months;
(b) times the total number of EM units for all of the Customer’s
wholesale meters connected to the System;
(c) times 28,800 gallons per day;
(d) times a dollar amount equal to a three (3) year numerical average
of the Treatment, Pumping and Transmission Charge per 1,000
gallons, using the Treatment, Pumping and Transmission Charge
from most recent annual cost-of-service rate study performed by
the independent utility rate consultant as provided in § 6.1.4 and
the two years prior to the year of that study. This dollar average
will remain in effect for purposes of calculating this § 7.1.3 Stand-
by Charge until the next cost-of-service rate study is performed by
an independent utility rate consultant as provided in § 6.1.4.
Exhibit B presents an example calculation of the Stand-by Charge.
Agreement for Water Service 15
7.2 Withdrawal Rate. The rate at which water is withdrawn from the Fort Worth System by
Customer shall be regulated by rate-of-flow controllers, pumps, or other approved methods. The
rate of withdrawal shall be controlled so that the maximum rate shall not exceed 1.35 times the
Maximum Day Demand experienced during the previous year unless Customer has notified the
Director at least (6) months before the date of the anticipated increase in the Maximum Day
Demand; provided, however that in an Emergency such as a line break, Customer shall advise
the Director within 24 hours of the increase in the maximum rate of withdrawal. Customer shall
furnish the Director with all pertinent information regarding the proposed increase in maximum
rate of withdrawal. The Director may waive the notice requirement if, in his sole opinion, that
notice is not necessary to protect the interests of Fort Worth.
7.3 Monthly Payments. The monthly payment will be the sum of (a) plus (b) plus (c):
(a) the greater of:
(i) one-twelfth (1/12) of the amount calculated in § 7.1, or
(ii) the Volume Charge times the actual volume of water taken that month;
(b) one-twelfth (1/12) of the sum of the annual Rate of Use Charges, determined as
provided in § 7.5 and Exhibit C; and
(c) one-twelfth (1/12) of the sum of the Fiscal Year Service Charge.
7.4 Total Annual Payments. The total annual payment for water delivered to Customer shall
be based on the annual and peak volumes delivered to Customer during the Fiscal Year, as
determined by meters, flow recording devices or other approved methods, and calculated as
provided in the annual payment provisions set forth above and in Exhibits B and C. The
October monthly payment for September’s usage shall contain any adjustments necessary to
update the Rate of Use Charge calculations as necessary to recover the Annual Payment for the
Customer’s actual withdrawals from the Fort Worth System (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred. Exhibit C provides examples of the Annual Bill Calculation.
7.5 Rate of Use Charge. As provided in §§ 7.1, 7.3 and 7.4 and shown in Exhibit C,
Monthly Payments and the Annual Payment shall include Rate of Use Charges, unless the Stand-
by Charge applies. The Rate of Use Charges consist of:
(a) Maximum Day Rate of Use Charge, calculated by multiplying the “Excess Max Day
Charge” per MGD from the annual cost-of-service rate study, times the Maximum Day
Demand (in MGD) in excess of Average Daily Use (in MGD); and
(b) Maximum Hour Rate of Use Charge, calculated by multiplying the “Excess Max
Hour Charge” per MGD from the annual cost-of-service rate study, times the Maximum
Hour Demand (expressed as MGD) in excess of Maximum Day Demand (in MGD).
Exhibit C presents example Rate of Use Charge calculations. Rate of Use Charges are estimated
by applying the current Fiscal Year Excess Max Day and Excess Max Hour Charges to the prior
Fiscal Year's Maximum Day Demand, Maximum Hour Demand and Average Daily Use in the
October through September bills, with adjustments in the October bill as necessary to recover the
Agreement for Water Service 16
Annual Payment based on the Customer’s actual withdrawals (including Rate of Use Charges for
Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the
water usage occurred.
7.6 Applicability of Stand-by Charge. Customer is subject to the Stand-by Charge if the
amount of the Stand-by Charge is the greater of the Annual Payment options listed in § 7.1.
Customer is a Stand-by Customer if it receives water from the System for Emergency use only,
and the Director has approved that use. A Stand-by Customer’s obligations under this
Agreement include the requirements of § 3.1 for the location, approval and installation of meters.
By execution of this Agreement and approval of the Stand-by service meter, Fort Worth agrees
to provide the wholesale Emergency service through the approved meter to the Stand-by
Customer, subject to the terms of this Agreement; however, notwithstanding § 2.1, delivery of
water to a Stand-by Customer is subordinate to Fort Worth’s other delivery obligations. Further,
this Agreement does not grant or imply that the Standby Customer has reserved any water
service, capacity or delivery from the System, other than for Emergency use as provided in this
§ 7.6. Any change in the Stand-by Customer's use from Emergency to non-Emergency must be
approved in writing by the Director. Unless otherwise agreed in writing by Customer and
Director, the Stand-by Customer is not required to pay the Impact Fees required by Article 16
until it requests or takes deliveries of water from the System that exceed the approved
Emergency use.
ARTICLE 8. Effective Date
The effective date and time of this Agreement for all purposes is January 1, 2011 at 12:01
a.m. Upon the Effective date, the wholesale water service agreement then in effect between Fort
Worth and the Customer is terminated and superseded by this Agreement.
ARTICLE 9. Term
This Agreement expires on September 30, 2031. It may be renewed on terms mutually
agreeable to the Parties.
ARTICLE 10. Rights-of-Way
Customer shall grant, without charge to Fort Worth, such easements and rights-of-way
along public highways or other property owned by Customer, as requested by Fort Worth, in
order to construct or maintain mains or facilities within the Customer’s Service Area to provide
water to Customer and to other areas. Upon notice from Customer and at Fort Worth's expense
incurred as a System Cost, Fort Worth will move such water mains or facilities located in such
street rights-of-way, or other property owned by Customer when reasonably necessary to the
performance of essential governmental duties by Customer. Fort Worth shall grant, without
charge to Customer, such easements and rights-of-way along public highways or other property
owned by Fort Worth, as requested by Customer, in order to construct and maintain water mains
or facilities within Fort Worth to provide water to Customer. Upon notice from Fort Worth and
at Customer's expense, Customer will move such water mains or facilities when located in such
street rights-of-way or other property owned by Fort Worth when reasonably necessary to
Agreement for Water Service 17
performance of essential governmental duties by Fort Worth. All work done by or on behalf of
Fort Worth under this paragraph will be performed in accordance with specifications equal to
those applying to work of a similar nature performed within Fort Worth, and the applicable Party
will use its best efforts to restore the others property to as near original condition as feasible
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 is reasonably practicable.
ARTICLE 11. TCEQ Public Water Supply Approval
The Customer System shall be approved by the TCEQ during the life of this Agreement.
If, at any time, the Customer System is not approved by the TCEQ, or if Customer does not have
an active cross-connection control program, there shall not be any direct physical connection
between the Fort Worth System and the Customer System unless an approved backflow
prevention device has been provided and installed and this installation has been approved by the
TCEQ. All expenses to provide and install backflow prevention device(s) will be borne by
Customer.
ARTICLE 12. Resale of Water
12.1 Outside Service Area. Customer agrees that it will not share facilities for water system
use with any other governmental or corporate entity outside of Customer’s Service Area without
the express written consent of Fort Worth, which consent shall not be unreasonably withheld.
Fort Worth neither recognizes nor approves any existing agreements entered into by Customer
with other governmental or corporate entities outside of Customer’s Service Area, unless
expressly approved in writing by the Director before the Effective Date.
12.2 Exceptions. Only those existing connections outside of the Customer's Service Area
shown in Exhibit E may continue. Customer agrees that it will not enter into any resale or
transportation agreement other than as a part of its normal offering and supply of water to
existing and future subscribers to its Customer System without the recommendation of the
Wholesale Customer Advisory Committee and express written consent of Fort Worth.
ARTICLE 13. Sanitary Sewer Facilities
The Customer agrees that it will require all of its customers, who are provided water from
the Fort Worth System, to have adequate sanitary sewage facilities meeting TCEQ requirements.
ARTICLE 14. Additional Wholesale Customers
Fort Worth will use its best efforts to provide an adequate water supply for all of its
customers. Prior to the approval of additional wholesale customers, Fort Worth will obtain in
writing reasonable assurances from the Tarrant Regional Water District that the projected ten
(10) year water demands of the then-existing wholesale customers being served and any
proposed additional customers can be fulfilled, and will charge the new customer an appropriate
connection fee pursuant to § 3.3. Fort Worth will consult with the Wholesale Customer
Agreement for Water Service 18
Advisory Committee and the Tarrant Regional Water District before contracting with additional
new wholesale water customers.
ARTICLE 15. Wholesale Customer Advisory Committee
Customer's governing body shall annually appoint a representative to be a voting member of the
Wholesale Customer Advisory Committee, whose purpose shall be to consult with and advise
Fort Worth, through the Director, on matters pertaining to conservation, wholesale planning,
improvements, grants, wholesale rate studies, administration, budgets, and additional wholesale
customers, whether same be wholesale customers of Customer or Fort Worth. The Wholesale
Customer Advisory Committee may establish bylaws governing the election of officers, meeting
dates and other matters pertinent to its functioning.
ARTICLE 16. Impact Fees
16.1 Calculation and Payment of Impact Fees. On a quarterly basis, Customer agrees to pay to
Fort Worth an Impact Fee for each new or enlarged connection for water service made within
Customer's Service Area served by the Fort Worth System. The Impact Fee to the Customer for
each such connection shall be based upon the size of water meter and shall be equal to the Impact
Fee adopted by Fort Worth and collected for the same size water meter and type of connection
within the jurisdiction of Fort Worth. The calculation of the Impact Fee shall be consistent with
the Fort Worth ordinance adopting the Impact Fee in accordance with all applicable state and
federal regulations, including Chapter 395, and shall include only those costs allowed under
§ 395.012 (or its amended or successor statute) that are associated with Capital Improvements
necessary to provide service to new development. Nothing within this Agreement shall be
deemed to prevent either Fort Worth or Customer from charging their own retail customers’
Impact Fees in excess of the Impact Fee authorized by this Agreement.
16.2 Multiple Surface Water Providers. If Customer receives surface water from more than
one water provider for use by potable water customers within its Service Area, then the
Customer’s impact fees due to Fort Worth shall be proportionately reduced. The charge will be a
fractional part of the Impact Fee imposed within Fort Worth for the same size of meter based on
the ratio of the annual amounts of water purchased from Fort Worth to the total annual combined
amount of surface water purchased from Fort Worth and the Customer’s other surface water
provider(s). For purposes of calculating this fractional part, this ratio will be the greater of the
most recent prior annual ratio or the most recent 3 year average ratio occurring after the first
Fiscal Year after the Effective Date.
16.3 Use of Impact Fees. As required by Chapter 395, Fort Worth agrees that all money
remitted to it pursuant to this Article 16 will be placed in an interest bearing account to pay only
for the cost of constructing Capital Improvements included in the Chapter 395 capital
improvements plan, 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. To the extent that the cost of any Capital Improvement is recovered
through Impact Fees, it shall not be included in the System Cost.
Agreement for Water Service 19
16.4 Impact Fee Report. Customer shall provide to Fort Worth information that relates to the
making of new and/or enlarged connections within its jurisdiction as may be requested by the
Director, including building permits, with each quarterly payment required in this Article 16.
16.5 No Waiver. Neither Fort Worth nor Customer shall waive any Impact Fee due from new
or enlarged connections to its respective system within its jurisdiction. However, either Fort
Worth or Customer may pay such Impact Fee into the interest bearing Impact Fee account
required by § 16.3.
16.6 CIFC. The Wholesale Customer Advisory Committee created pursuant to Article 15
shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee
Committee (“CIFC”). As required by Texas Local Government Code § 395.052, at least every
five (5) years, beginning June, 2014, or sooner, Fort Worth will update the land use assumptions
and capital improvements plan upon which the Fort Worth Impact Fees are based, or make the
determination under Chapter 395 that no update is required. Fort Worth shall submit a copy of
the annual report of Fort Worth Impact Fee projects and expenditures to the Wholesale Customer
Advisory Committee Rate Subcommittee. In June 2014 and at least every five 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 Impact 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, except to the extent that such cost is recovered through Impact Fees. If the CIFC
fails to submit a list of five consultants to Fort Worth, Fort Worth shall select the consultant.
16.7 Capital Improvements Plan. Fort Worth agrees that only the Capital Improvements as
defined in § 1.4 shall be included in the capital improvements plan for the purpose of
determining Impact 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 of its capital improvements in its Chapter 395 capital
improvements plan. The CIFC shall be responsible for working with Fort Worth and its
consultants to determine the Capital Improvements to be included in the calculation of any
Impact Fees. The CIFC shall recommend to the Wholesale Customer Advisory Committee
which Capital Improvements should be included in the calculation of any Impact 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.
16.8 Dissemination of Documents. Prior to the adoption of any land use assumptions, capital
improvements plan, or Impact Fees assessed by Fort Worth, the CIFC shall be furnished a copy
of the proposed land use assumptions, capital improvement plans or Impact Fees at least thirty
(30) days prior to any scheduled hearing thereon. Any revised Impact Fee adopted pursuant to
such updated capital improvements plan shall not take effect for a period of at least ninety (90)
days after adoption by Fort Worth.
Agreement for Water Service 20
16.9 Audited Financial Statement. Upon request, Fort Worth shall make available to the
Wholesale Customer Advisory Committee the most recent audited financial statement of the Fort
Worth Water Department's records.
16.10 Current Impact Fees. Customer agrees to pay Impact Fees in the amounts determined
pursuant to this Article 16. On the Effective Date, those impact fees are the Impact Fees most
recently adopted by the Fort Worth City Council before the Effective Date. Thereafter the
Impact Fees are those in effect by Fort Worth ordinance at the time the new or enlarged
connection is made.
16.11 Changes to Chapter 395. Fort Worth and Customer agree that the methodology for the
calculation of Impact Fees required by this Agreement shall be consistent with the methodology
prescribed by Chapter 395. If that statutory methodology is amended or replaced by a new
statute, the Wholesale Customer Advisory Committee may engage legal counsel to work with
Fort Worth to propose amendments to this Agreement to conform it to such amendment or new
statute. The reasonable cost of such legal counsel shall be a System Cost.
ARTICLE 17. Breach, Termination and Other Remedies
17.1 Termination by Mutual Consent. This Agreement may be terminated in whole or in part
by the mutual consent of Customer and Fort Worth. Fort Worth’s decision on whether to
consent to termination remains within it’s sole discretion; however, before consenting to
termination, Fort Worth shall consult with WCAC regarding the circumstances of the proposed
termination.
17.2 Termination for Material Breach. Notwithstanding anything in this Agreement to the
contrary, any material breach by either Party to perform any of its duties or obligations under this
Agreement, or to faithfully keep and perform any of the terms, conditions and provisions of this
Agreement, shall be cause for termination of this Agreement by the non-breaching Party in the
manner set forth in this § 17.2. Upon such breach, the non-breaching Party may notify the
breaching Party of the non-breaching Party’s intention to terminate this Agreement if the
breaching Party fails to cure such breach within ninety (90) days from the date of the notice. The
notice must include a reasonable description of the breach. The non-breaching Party shall notify
the breaching Party in writing upon acceptance of the cure of any breach. If by the ninetieth
(90th) day the breaching Party fails or refuses to cure such breach pursuant to the terms and
conditions of this Agreement, then the non-breaching Party shall have the right to terminate this
Agreement with six months additional notice to the breaching Party.
17.3 Termination for Repeated Breach. Upon a second (or any repeated) breach of a similar
nature by a Party and irrespective of any cure of such breach, the non-breaching Party may, after
six (6) months notice to the breaching Party, terminate this Agreement. That notice must be
provided within a reasonable time after the repeated breach that is the basis for the termination.
17.4 Material Breach. The following breach, default or failure to perform a duty or obligation
under this Agreement is a material breach:
Agreement for Water Service 21
a. Failure to comply with §§ 2.5 or 2.6 requirements regarding rationing,
conservation measures or restrictions;
b. Failure to pay any bill, charge, or fee as required by this Agreement,
including fees required under Article 16;
c. Making any connection to the Fort Worth System at any point except as
provided in § 3.2;
d. Failure to correct any potentially hazardous connection in accordance with
the terms of Article 11, after notice delivered by certified mail;
e. Failure to provide Fort Worth ingress and egress for purposes of operation
and maintenance of any metering facility;
f. Failure to provide Fort Worth rights-of-way as required herein; or
g. Failure to provide Fort Worth an Impact Fee report as required in Article 16.
All other breaches are deemed to be non-material.
17.5 Notice and Cure. In the event of a material or non-material breach, default or failure to
perform a duty under this Agreement, the non-breaching Party may send a notice of such default
to the breaching Party. The notice must include a reasonable description of the breach. If the
breaching Party fails to cure the breach, default or failure within 60 days of that notice, then the
non-breaching Party may give the breaching Party a second notice of its failure to cure the
breach. Failure to cure the breach within 30 days after the second notice shall constitute a
repeated breach, and may result in termination of this Agreement as provided in § 17.3 for
repeated breach. Fort Worth may, upon breach by a Customer, surcharge the Customer an
amount developed and calculated by Fort Worth intended to reimburse Fort Worth for any
damages each month, including 10% interest, until Customer cures that breach. Because failure
to perform obligations under this Agreement cannot be adequately compensated in money
damages alone, the Parties shall have available to them the equitable remedy of specific
performance in addition to any other legal or equitable remedy as may be provided by law.
17.6 Notice and Cure for Nonpayment of Impact Fees. If the breach is based on the non-
payment or underpayment of Impact Fees, then the Customer shall pay Fort Worth the amount of
the non-payment or under-payment within 60 days of the notice required by §§ 17.2 or 17.5, plus
interest at a rate of 10% of the amount owed, accruing from the time at which the payment was
due. An additional charge of $500.00 will be added if no Impact Fee report was filed.
17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation. If Customer
breaches §§ 2.5 or 2.6, then the § 17.2 notice provisions do not apply and the Director, in his
sole discretion, may, in writing, set such time in which the Customer shall cure the breach. If
Customer fails or refuses to cure the breach within the stated time, then Fort Worth shall have the
right to declare this Agreement terminated after six (6) months additional notice to Customer.
17.8 Failure to Provide Notice of Withdrawal Rate under § 7.2. Failure to provide § 7.2
notice, provided the Director did not waive notice requirements, will be considered a non-
material breach of the Agreement and, in addition to other remedies available under this
Agreement, shall result in an automatic surcharge in the amount specified in § 17.5 for such non-
material breaches of the Agreement, without further notice requirements.
Agreement for Water Service 22
17.9 Effect of Termination. Upon termination of this Agreement under this Article 17, all
rights, powers, and privileges of Customer and Fort Worth under this Agreement shall cease and
terminate, and neither Party shall make any claim of any kind whatsoever against the other Party,
its agents or representatives, by reason of termination or any act incident to termination, if the
terminating Party acted reasonably and the termination was not unreasonable, or arbitrary and
capricious. If this Agreement is not renewed before it expires, and the Parties are negotiating in
good faith regarding the provisions of a new agreement, then the Parties may extend the date for
termination, in writing that refers to this § 17.9 and is signed by both Parties. If this Agreement
is not renewed, or if the Agreement is terminated by one of the Parties pursuant to this Article
17, then, as authorized by Texas Water Code § 11.036, this Agreement requires the Customer to
develop alternative or replacement supplies before the expiration or termination of this
Agreement; this requirement may be enforced by the equitable remedy of specific performance,
sought by court order, in addition to any other legal or equitable remedy as may be provided by
law. No continuation of the service obligation exists or will be implied after expiration or
termination.
17.10 No Waiver by Fort Worth. Any failure by Fort Worth to terminate this Agreement, or the
acceptance by Fort Worth of any benefits under this Agreement, for any period of time after a
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.
17.11 No Waiver by Customer. Any failure by Customer to terminate this Agreement, or the
acceptance by Customer of any benefits under this Agreement, for any period of time after a
material 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.
ARTICLE 18. Ownership and Liability
18.1 No Joint Venture. 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)
shall not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity
in the Fort Worth System.
18.2 Liabilities. Liabilities for damages arising from the proper treatment, transportation and
delivery for all water provided hereunder shall remain with Fort Worth to the point of delivery
and, upon passing through the meter, liability for such damages shall pass to the Customer, save
and except that Fort Worth's sole responsibility is to provide to Customer water of a quality
which meets state and federal drinking water standards. Each Party agrees to save, release and
hold harmless the other Party from all claims, demands, and causes of action which may be
asserted by anyone on account of the quality, transportation and delivery while water is in the
control of such Party. This covenant is not made for the benefit of any third party. Fort Worth
takes the responsibility as between the Parties for the proper treatment, quality, transportation,
and delivery of all such water provided by it to the point of delivery.
Agreement for Water Service 23
18.3 Contractors. Agreements made and entered into by either Customer or Fort Worth for the
construction, reconstruction or repair of any Delivery Facility shall include the requirement that
the independent contractor(s) must provide adequate insurance protecting both the Customer and
Fort Worth as co-insured. Such Agreement must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer and Fort Worth against any
and all suits or claims for damages of any nature arising out of the performance of such
Agreement.
ARTICLE 19. Force Majeure
19.1 Notice and Suspension. If by any reason of force majeure either Party shall be rendered
unable, wholly or in part, to carry out its obligations under this Agreement, other than the
obligation of the Customer to make payments required under the terms hereof, then if such
Parties shall give notice and full particulars of such force majeure in writing to the other Party
within a reasonable time after the occurrence of the event or cause relied on, the obligation of the
Party giving such notice, so far as it is affected by such force majeure, shall be suspended during
the continuance of the inability then claimed, but for no longer period, and such Party shall
endeavor to remove or overcome such inability with all reasonable dispatch.
19.2 Definition. The term "force majeure," as employed herein, shall mean acts of God,
strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the
government of the United States or the State of Texas, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions,
breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply,
and inability on the part of Fort Worth to deliver water hereunder or the Customer to receive
water hereunder on account of any other cause not reasonably in the control of the Party claiming
such inability.
ARTICLE 20. Notices
20.1 Required Notice. Except in the case of an Emergency, any notice or other
communication that is required, given or provided for under this Agreement shall be in writing,
and addressed as follows:
To Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
To Customer: Mayor
City of ______________
Address
___________, Texas 7_____
Agreement for Water Service 24
With an additional copy to be given to a Customer representative, if designated in writing by
Customer.
20.2 Delivery and Receipt. Notice shall be either (a) delivered personally, (b) sent by United
States certified mail, postage prepaid, return receipt requested, (c) placed in the custody of a
nationally recognized overnight carrier for next day delivery, or (d) sent via telecopy or facsimile
(fax) transmission. Notice shall be deemed given when received if delivered personally or sent
via telecopy or facsimile transmission with written confirmation of receipt; forty-eight (48) hours
after deposit if sent by mail; and twenty-four (24) hours after deposit if sent by nationally
recognized overnight carrier for next day delivery.
20.3 Change of Address Notices. Each Party shall provide notice in writing, as provided in
§ 20.1 of any change in its address.
ARTICLE 21. Inspection and Audit
Complete records and accounts required to be maintained by each Party 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. The responding Party shall make the records available promptly
upon request.
ARTICLE 22. Miscellaneous
22.1 Favored Nations. Fort Worth and Customer agree that if Fort Worth should enter into
any future Agreement for supplying treated water to any municipality under more favorable
terms or conditions than set forth herein, this Agreement shall be amended to provide the same
terms and conditions with respect to the sale of treated water to Customer.
22.2 Suspension of Rate of Use Charges. During an Emergency it may be necessary that water
be withdrawn from the Fort Worth System at a rate of usage in excess of the Customer’s
contractually established Maximum Daily Demand and Maximum Hour Demand. It is agreed
that extra Rate of Use Charges that would normally be applicable shall not apply for such bona
fide emergency withdrawals provided that Fort Worth is notified in writing within forty-eight
(48) hours of the occurrence of the Emergency. In any event, the normally applicable Rate of
Use Charges the Customer would have incurred had it not been an Emergency, plus the Volume
Charges for all water delivered, shall be due and payable as described elsewhere in this
Agreement.
22.3 Water to Adjacent Areas. At the request of the Director, Customer agrees to furnish
water to areas and premises situated adjacent to the boundary of Customer and within the
boundaries of Fort Worth, subject to the Texas Water Code and TCEQ regulations regarding
service areas. The metered quantity of water used in this area each month by Fort Worth shall be
the total of all individual customer meter readings. At the option of Customer or Fort Worth, a
master meter may be installed where practicable at the expense of Fort Worth to meter all water
used by Fort Worth under the terms of this § 22.3. The metered quantity of water furnished by
Agreement for Water Service 25
Customer to Fort Worth shall be deducted from the total quantity of water withdrawn from the
Fort Worth System by Customer before the charge for water service to Customer is computed in
accordance with the payment computations set forth and based on the Volume Charge, the
quantity of water so withdrawn from the Fort Worth System and, if the meter serving those
customers has been equipped to measure it, Maximum Day Demand and Maximum Hour
Demand.
22.4 Subject to Laws and Permits. This Agreement is subject to all applicable federal and
state laws and any applicable permits, amendments, orders, or regulations of any state or federal
governmental authority having or asserting jurisdiction, but nothing contained herein shall be
construed as a waiver of any right to question or contest any such law, order, rule or regulation in
any forum having jurisdiction. Customer agrees to abide by any changes in this Agreement
made necessary by any new, amended, or revised state or federal regulation; however the Parties
may not enact rules or laws that conflict with this Agreement.
22.5 Entry on Customer’s Premises. Upon prior notice by the Director, Customer shall allow
any duly authorized employee of Fort Worth who presents proper credentials to access any
premises located within Customer's Service Area or served by Customer as may be necessary for
the purpose of inspections and observation, measurements, sampling and testing and/or auditing,
in accordance with the provisions of this Agreement. Customer may elect to accompany the Fort
Worth representative. To the extent permitted by law, Fort Worth agrees to be responsible to
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 their employment.
22.6 Alternative Dispute Resolution.
22.6.1 The parties shall endeavor, but only to the extent permitted by applicable law and
at no additional cost to Customer, to settle all disputes arising out of or relating to
this Agreement by amicable negotiations.
22.6.2 Any and all disputes arising out of or relating to this Agreement that cannot be
resolved informally will be submitted to mediation. The place of mediation shall
be in Tarrant County, Texas. A mediator shall be jointly agreed to by both
Parties, and the mediator selected shall have expertise in the sale and supply of
treated water. Either Party may apply for injunctive relief until the mediation
decision is rendered or the controversy is otherwise resolved. Either party may,
without waiving any remedy under this Agreement, seek from any court having
jurisdiction any interim or provisional relief that is necessary to protect the rights
or property of that Party, pending the mediator’s determination of the merits of
the controversy. Each Party shall initially bear its own costs and expenses;
however, unless otherwise agreed in mediation, Fort Worth’s costs in mediation,
including expenses, reasonable attorneys’ fees and other costs, shall be a System
Cost. Nothing occurring during mediation shall be considered evidence in court.
22.6.3 If mediation is not successful, either Party may commence litigation to resolve the
dispute. Fort Worth’s litigation costs shall be a System Cost.
Agreement for Water Service 26
22.7 Information. If requested by the Director, Customer shall provide quarterly the following
data or information:
22.7.1 Actual number of customer accounts consuming directly or indirectly from the
Customer System within Customer’s Service Area;
22.7.2 Classification of domestic and nondomestic accounts within its Customer’s
Service Area by number and percentage of accounts consuming directly or
indirectly from Customer System within its Customer’s Service Area;
22.7.3 Customer water usage from all sources other than the Fort Worth System,
including ground water, other surface water, and water supply agreements with
other entities; and
22.7.4 Additional data which may assist Fort Worth and/or Customer in developing
methodology for cost of service studies, planning studies for analyzing federal
grants, and Impact Fees; provided, however, that neither Party shall request data
that will require either Party to incur unreasonable expenses in providing such
data.
22.8 Assignment. Customer may not assign this Agreement without the prior written consent
of Fort Worth. Fort Worth may not assign this Agreement without the prior written consent of
Customer, except that if Fort Worth’s water utility is designated as a regional water agency by a
duly authorized regulatory body, or if Fort Worth elects to contract with or assign this
Agreement to a regional water authority or utility to provide all or part of the services covered by
this Agreement, the Customer hereby agrees and grants Fort Worth the right to assign this
Agreement under the following conditions. The regional water authority or utility shall assume
and receive the same obligations, responsibilities and benefits as Fort Worth, and Fort Worth or
the regional authority or utility will notify the Customer of such assignment at least ninety (90)
days prior to its effective date.
22.9 No Waiver. No waiver by either Party of any term or condition of this Agreement, or
failure to give notice of any breach, shall be deemed or construed to be a waiver of any other
term or condition or subsequent waiver of the same term or condition.
22.10 VENUE. THE PARTIES AGREE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT
COUNTY, TEXAS AND THAT THE COURTS OF TARRANT COUNTY ARE A PROPER FORUM FOR THE
DETERMINATION OF ANY DISPUTE ARISING UNDER THIS AGREEMENT.
22.11 Construction. As used in this Agreement, the term "including" means "including without
limitation,” the words "shall” and “will” are mandatory and the word “may” is permissive, and
the term "days" means calendar days, not business days. Wherever required by the context, the
singular shall include the plural, and the plural shall include the singular.
22.12 Severability. If any term or provision in this Agreement is held to be invalid or
unenforceable by any legislative act or court of competent jurisdiction, and the extent of such
invalidity or unenforceability does not cause substantial deviation from the underlying intent of
the parties as expressed in this Agreement, then such invalid or unenforceable provision shall be
Agreement for Water Service 27
deemed severed from this Agreement without invalidating the remainder of this Agreement, and
a new provision shall be deemed substituted in lieu of the provision severed, which new
provision shall, to the extent possible, accomplish the intent of the parties as evidenced by the
provision severed, and without affecting any other term or provision in this Agreement.
22.13 Use of Return Water. Customer agrees that Fort Worth has the right to own and to use or
sell any Return Water. Customer will not seek or receive any compensation, credit, or offset
from Fort Worth for making the Return Water available to Fort Worth through discharges into
Fort Worth’s wastewater collection and treatment system(s), and agrees that it will not provide
water service under any ordinance or agreement that conflicts with Fort Worth’s rights under this
§ 22.13.
22.14 System Regulatory Actions. Customer agrees, upon the request of Fort Worth, to give
reasonable consideration to supporting Fort Worth, and shall not oppose Fort Worth, on any
permit applications or governmental approvals related to the Fort Worth System.
22.15 Additional Contract Terms. Additional contract terms that apply to the Customer, but not
Fort Worth’s other wholesale customers, are contained in Exhibit F “Additional Terms.”
22.16 Exhibits. All exhibits attached to this Agreement are incorporated into this Agreement by
reference, for all intents and purposes of this Agreement, as follows:
Exhibit A Customer Service Area and mutually agreed point(s) of
delivery on the Effective Date.
Exhibit B Stand-by Charge (Example Calculation)
Exhibit C Example of the Annual Bill Calculation
Exhibit D Calculation of PILOT and Cost of Service Revenue
Requirement to Recover the Cost of Pilot
Exhibit E Map of Existing Connections Outside Customer's Service
Area [if any].
Exhibit F Additional Terms [if any]
[T H I S S P A C E I N T E N T I O N A L L Y B L A N K]
Agreement for Water Service 28
IN TESTIMONY WHEREOF, after proper action by the respective governing bodies of the Parties,
this Agreement has been executed in quadruplicate copies, each of which is considered to be an
original.
ATTEST: CITY OF FORT WORTH
___________________________________ By:__________________________________
City Secretary, City of Fort Worth Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
___________________________________
City Attorney, City of Fort Worth
Date: _____________________________
APPROVAL RECOMMENDED:
__________________________________
Director
City of Fort Worth Water Department
ATTEST: CUSTOMER ________________________
___________________________________ By:__________________________________
Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Attorney
Date: _________________________________
APPROVAL RECOMMENDED:
______________________________________
Print Name: ____________________________
Title: _________________________________
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Director
Subject: Regular meeting of August 30, 2010
Date: August 23, 2010
Consider an ordinance consenting to assignment of Ordinance No. 408 to Allied Waste
Services.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Infrastructure maintenance and planning
The Town of Westlake’s solid waste and recycling services are currently being provided
by Allied Waste Services based on a ten (10) year contract adopted in December 2001.
Trinity Waste Services operated as a subsidiary company of Allied Waste since 1998.
During the last couple of years, Allied Waste Service began consolidating all their
subsidiary companies. The proposed ordinance formally assigns the rights of the contract
to Allied Waste.
BACKGROUND
The proposed has no budget impact.
FUNDING
Staff recommends approval.
RECOMMENDATION
Ordinance amendment
ATTACHMENTS:
Ordinance 642
Page 1 of 3
TOWN OF WESTLAKE
ORDINANCE NO. 642
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS CONSENTING TO ASSIGNMENT OF ORDINANCE NO. 408 TO ALLIED
WASTE SERVICES PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake contracted with Trinity Waste Services in December
2001 to provide solid waste and recycling collection service within the town limits; and
WHEREAS, Trinity Waste Services was a company operating under the parent
company, Allied Waste; and
WHEREAS, The Town Council of the Town of Westlake approves consenting to
assignment of Ordinance No. 408.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1
: For good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Town of Westlake, Texas, (the “Consenting Party”), does hereby
consent and agree to the following:
1. The Consenting Party hereby expressly consents to the assignment by Trinity
Waste Services (“Assignor”) of Assignor’s right, title and interest in, to and under Ordinance No.
408 (the “Ordinance” or “Agreement”) to ALLIED WASTE SERVICES OF FORT WORTH,
LLC, a Texas limited liability company (“Assignee”) and the corresponding acceptance thereof
by Assignee and assumption by Assignee of Assignor’s covenants, agreements, provisions,
terms, conditions and obligations under the Agreement, subject to the covenants, agreements,
terms and conditions set forth herein. Assignee shall have the extension options (if any) granted
to Assignor in the Agreement.
2. Nothing contained herein or in the Assignment modifies, waives, impairs or
affects any of the terms or conditions of the Agreement.
3. The Consenting Party represents and warrants that: (i) the agreement attached
hereto as Exhibit A (the “Agreement”) is a true, correct and complete copy of the Agreement,
and the Agreement is in full force and effect and has not been amended (except as may be
otherwise provided herein); (ii) the Agreement is the legal, valid and binding obligation of the
Consenting Party, enforceable in accordance with its terms; (iii) to the best of the Consenting
Party’s knowledge, there are no defaults under the Agreement, nor claims against Assignor, nor
any state of facts which, with the giving of notice, the passage of time, or both, might constitute a
default on the part of either Assignor or the Consenting Party under the Agreement; and (iv) the
Ordinance 642
Page 2 of 3
person executing this Ordinance on behalf of the Consenting Party is fully authorized to execute
it. The Consenting Party acknowledges that Assignee is relying on these representations and
warranties in connection with the purchase by Assignee of the business of Assignor.
4. The notice address for the Assignor referenced in the Ordinance shall be replaced
with the following:
General Manager
Allied Waste Services of Fort Worth, LLC
6100 Elliott Reeder Road
Fort Worth, Texas 76117
SECTION 2:
That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 3:
It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 4:
This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 30TH
DAY OF AUGUST 2010.
_________________________________
ATTEST: Laura Wheat, Mayor
_______________________________ _________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_______________________________
L. Stanton Lowry, Town Attorney
Ordinance 642
Page 3 of 3
Exhibit A
Ordinance 408
5. CONSIDERATION AND DISCUSSION TO APPOINT A NEW COUNCIL
MEMBER.
Town of Westlake
Item # 5 –
Back up material has not
been provided for this item
6. CONSIDERATION AND DISCUSSION TO APPOINT A MAYOR PRO
TEM.
Town of Westlake
Item # 6 –
Back up material has not
been provided for this item
Memo
Town of Westlake
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager / Superintendent of Westlake Academy
Amanda DeGan, Municipal Court & Special Projects Director
Subject: Regular meeting of August 30, 2010
Date: August 19, 2010
ITEM
Consider an Ordinance concerning the prohibited use of a cell phone in a school zone.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
We are Leaders
o High Quality Services Delivery Coupled with Financial Stewardship
The Board had given staff a directive to research the feasibility of developing an
ordinance covering the use of a cell phone device in a school zone; however, it was
delayed in response to the impending passage of state legislation.
BACKGROUND
In order to enhance the safety measures found within a school zone, state law now allows
for the enforcement of an offense designed to discourage the use of cell phones in these
zones. The law further provides for a penalty of up to $200 (plus court costs), upon the
proper marking of the penalties on the flashing signs found at the entry points to our
zone. On the advice of the Town attorney, staff is submitting an ordinance for Board
consideration and approval.
FUNDING
Not applicable.
RECOMMENDATIONS
Approve the ordinance
ATTACHMENTS:
Ordinance
Ordinance 643
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 643
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER
90, TRAFFIC AND VEHICLES, SECTIONS 90-81 – 90-95 ADDING SECTION 90-81,
ESTABLISHING A VIOLATION FOR UTILIZING A WIRELESS COMMUNICATION
DEVICE IN A SCHOOL CROSSING ZONE WHILE OPERATING A MOTOR
VEHICLE; BY ADOPTING THE PROVISIONS OF SECTION 545.425 OF THE TEXAS
TRANSPORTATION CODE, AS AMENDED; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town of Westlake Town Council desires to support a safe school
environment and believes it is in the best interests of the students and residents to place
restrictions on the use of wireless communications devices while operating a motor vehicle in a
school crossing zone, as defined by Section 541.302 of the Texas Transportation Code; and
WHEREAS, Section 545.425, of the Texas Transportation Code, as amended, provides
restrictions and defenses to prosecution on the uses of wireless communication devices while
operating a motor vehicle in a school crossing zone that the Council desires to have enforced
within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2
: That Chapter 90, “Traffic and Vehicles” Division 3. Speed “Establishing
a violation for utilizing a wireless communication device in a school crossing zone while
operating a motor vehicle”, Sections 90-81 of the Town of Westlake Code of Ordinances, as
amended, is hereby amended as follows:
Section 90-81 Establishing a violation for utilizing a wireless communication device in a
school crossing zone while operating a motor vehicle.
Pursuant to Section 545.425, of the Texas Transportation Code, as amended, provides
restrictions and defenses to prosecution on the uses of wireless communication devices while
operating a motor vehicle in a school crossing zone.
That any person, firm or corporation violating any of the provisions or terms of this section, and
upon conviction shall be punishable by a fine not to exceed the sum of Two Hundred dollars
($200.00) pursuant to Section 545.425, of the Texas Transportation Code for each offense. Each
Ordinance 643
Page 2 of 2
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 3:
That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance.
SECTION 4:
That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 5:
That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Hundred dollars ($200.00) pursuant to Section 545.425, of the Texas
Transportation Code for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 6:
It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 7:
This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 30th
DAY OF AUGUST, 2010
____________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ____________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
__________________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Troy J. Meyer, Director of Facilities and Recreation
Subject: Town Council meeting August 30, 2010
Date: August 30, 2010
Consider a resolution amending the FY 2009-2010 Municipal budget in the amount of $79,432, providing
for a budget amendment, and making a supplemental appropriation from the General Fund’s fund balance
to the capital project contained in the Capital Project Fund for the Sam & Margaret Lee Arts and Sciences
Center.
ITEM
This item supports the following Vision Point and Key Result Areas:
VISION POINT AND KEY RESULT AREAS
We are Leaders
o Premier educational facilities and programs
o Producing well educated future leaders and thinkers
o Business partnerships with Westlake Academy
o Environmental stewardship initiatives
o High quality services delivery coupled with financial stewardships
At the April 19, 2010 workshop, staff presented an update on the Sam and Margaret Lee Arts
and Sciences Center. There was a project savings of approximately $325,522, of which $307,722
will be issued by a change order credit from Steele & Freeman. There is an estimated $44,769 in
outstanding invoices which include $23,569 in retainers and $21,200 in soft cost.
BACKGROUND
The Council approved using these budget savings for expansion of the A&S Center parking area
to the west. This decision was made due to the growth of the school, large events on campus,
and to provide additional parking for student drivers. The original parking lot was reduced to get
the project within the $5.1 million dollar budget.
At the June 28th workshop staff presented bids to the Town Council which exceeded the cost
savings for the project by $79,432. The Town Manager proposed that the additional $79,432
come from the municipal General Fund’s fund balance with the Westlake Academy in turn
reimbursing the municipal General Fund over a five (5) year period by collecting additional
Page 2 of 2
parking user fee at the Academy. The Council approved the bid award subject to this funding
recommendation which would require their approval of a budget amendment at a subsequent
meeting.
The cost to complete the A&S Center parking lot extension is $349,530. The additional $79,432
is needed to complete all 128 parking spaces. This will be funded by the Westlake Academy
parking user fees over the next five years.
FUNDING
To approve the amendment to the FY 2009-2010 budget.
RECOMMENDATION
Resolution
ATTACHMENTS:
Attachment with Parking Fees reimbursement estimates.
Resolution 10-25
Page 1 of 3
TOWN OF WESTLAKE
RESOLUTION NO. 10-25
A RESOLUTION OF THE TOWN OF WESTLAKE AMENDING THE FY 2009-2010
BUDGET OF THE TOWN OF WESTLAKE, TEXAS; PROVIDING FOR AN
AMENDMENT MAKING A SUPPLEMENTAL APPROPRIATION TO THE GENERAL
FUND FOR THE CAPITAL PROJECT FOR THE SAM & MARGARET LEE ARTS
AND SCIENCES CENTER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town of Westlake, Texas Fiscal Year 2009-2010 Budget was adopted
within the time and in the manner required by State Law; and
WHEREAS, the fund will be used to complete the 128 parking lot extension to the Sam
& Margaret Lee Arts and Sciences Center; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1:
That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2:
The town hereby adopts the Budget Amendment to General fund for the
Sam& Margaret Lee Arts and Sciences Center as attached as Exhibit “A”, are to be kept on file
and available in the office of the town secretary
SECTION 3
: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION
4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 30th
DAY OF AUGUST 2010.
_________________________________
Laura Wheat, Mayor
Resolution 10-25
Page 2 of 3
ATTEST:
_______________________________ _________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
Resolution 10-25
Page 3 of 3
Exhibit “A”
Town of Westlake
Budget Amendment for the
Civic Campus Arts and Sciences Building
Estimated # of student drivers
Estimated # of staff drivers
Assumptions:
Premium Parking (Students)
Lot Parking (Students)
Premium Parking (Staff)
Add Ons:
Assigned Spot w/ name
Customized Spot (ability to paint)
Scenarios:
Premium Parking (Students)10%1,400$ 10%1,750$ 10%2,100$ 10%2,100$ 10%2,100$
Lot Parking (Students)90%9,000 90%11,250 90%13,500 90%13,500 90%13,500
Premium Parking (Staff)50%1,000 50%1,100 50%1,100 50%1,100 50%1,100
Add Ons:
Assigned Spot w/ name 25%800 25%1,000 25%1,200 25%1,200 25%1,200
Customized Spot (ability to paint)10%640 10%800 10%960 10%960 10%960
Total Revenue 12,840$ 15,900$ 18,860$ 18,860$ 18,860$
Balance Due to Town: $79,432 66,592$ 50,692$ 31,832$ 12,972$ (5,888)$
Assumptions:
1. 90% of students will pay for standard parking.
2. 10% of students will pay for premium parking.
3. 50% of staff will pay for assigned parking.
4. 25% of students will pay for assigned parking.
5. 8 students will pay for customized parking.
10/11
80
50
14/15
175$
11/12
100
55 55
12/13
120
13/14
120
55
120
55
175$
125
40
80
125
40
80
175$
125
40
80
175$ 175$
125
40
80
40 40 40 40 40
125
40
80
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #9 - Future
Agenda Items
BOARD RECAP / STAFF DIRECTION
Town of Westlake
Item #10
Board Recap /
Staff Direction
COUNCIL CALENDAR
- Arbor Day
September 25, 2010
- Westlake Baja at Vaquero
September 27, 2010
- Council Meeting (adoption of budget)
Sept. 29, 2010
- Annual TML Conference (Corpus Christi)
October 26-29, 2010
Town of Westlake
Item # 11 –
Council Calendar
Town of Westlake
Item # 12 –
Adjournment
Back up material has not
been provided for this item.