Loading...
HomeMy WebLinkAboutR-1966-8-01RESOLUTION NO. 1966-8-01tR1 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE TOWN OF FAIRVIEW, TEXAS, CONCERNING THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE FAIRVIEW WASTEWATER INTERCEPTOR; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement by and between the Town of Fairview, Texas, and the City of Allen, Texas, for the construction, operation, maintenance and use of the proposed Fairview Wastewater Interceptor, a copy of which is attached hereto, with supporting exhibits, as Exhibit "A" and incorporated herem by reference; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the tents and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas; and WHEREAS, the Agreement provides that the City of Allen will pay for the oversizing costs of the construction of the Fairview Wastewater Interceptor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, ' COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in this Agreement. SECTION 3: The City Secretary shall forward a certified copy of this Resolution to County Judge Ron Harris and to the Fairview Town Administrator, SECTION 4: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2ND DAY OF AUGUST, 2001. APPROVE Z;i� 2SQ2 Stephen Terrell, MAYOR ' ATTEST: Jmfdy Mo son, CMC/AAE, CITY SECRETARY INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE FAIRVIEW WASTEWATER INTERCEPTOR This Agreement is made and entered into this the day of f}t uSi" 2001, by and between the Town of Fairview, Texas, a political subdivision ofilie State of Texas ("Fairview"), with the authorization of its governing body, and the City of Allen, Texas, a political subdivision of the State of Texas ("Allen"), with the authorization of its governing body, on the terms and conditions set forth below. WHEREAS, this Agreement is entered into pursuant to the authority of and in accordance with Chapter 791, Texas Government Code, for the construction, operation, maintenance and use of the Fairview Wastewater Interceptor, which includes a force main section and a gravity main section (the "Gravity Main"); and WHEREAS, Fairview and Allen desire to enter into this Agreement for the construction, operation, maintenance and use of the Fairview Wastewater Interceptor which will be located between US Highway 75, at the old Union Pacific Railroad and Stacy Road, and Cottonwood Creek, East of the old Union Pacific Railroad; and WHEREAS, Fairview has allocated funds for the engineering design and construction of the Fairview Wastewater Interceptor, and Allen has allocated funds for the operation and maintenance of the Gravity Main; and WHEREAS, Fairview and Allen have investigated and determined that it will be advantageous and beneficial to Fairview and Allen, and their respective citizens, to construct, operate and maintain the Gravity Main as provided herein; and WHEREAS, Fairview and Allen, in paying for the performance of governmental functions or services under this Agreement, understand and agree that all payments therefore shall be made only from current revenues legally available to each party, respectively. NOW, THEREFORE, FOR AND IN CONSIDERATION of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Definitions: INFERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - PW 1 Interlocal.allen-2 a. Agreement — This interlocal agreement between Fairview and Allen for the construction, operation, maintenance and use of the Fairview Wastewater Interceptor. b. Allen — The City of Allen, Texas, a home -rule political subdivision of the State of Texas. C. Cottonwood Creek Transmission Main — This is a NTMWD gravity transmission main which transports wastewater from Allen and other communities to a major NTMWD pumping station. This transmission main generally follows Cottonwood Creek. d. Fairview — The Town of Fairview, Texas, a political subdivision of the State of Texas. e. Fairview Planned Commercial District — This is the area on the western side of Fairview bounded by Stacy Road on the south, State Highway 5 (Greenville) on the east, Frisco Road on the north and U.S. Highway 75 on the west. (See Exhibit A.) f. Fairview Force Main — A proposed wastewater transmission force main which will convey the wastewater collected in the Fairview Planned Commercial District from the Fairview Wastewater Lift Station roughly along the alignment of the existing Union Pacific Railroad to a point at the north west corner of the intersection of the railroad and Stacy Road, at the Fairview Metering Station. (See Exhibit A.) g. Fairview Gravity Main — The Gravity Main which will begin at the discharge of the Fairview Metering Station and generally follow the Union Pacific Railroad to where it crosses Cottonwood Creek. At Cottonwood Creek, the Fairview Gravity Main will connect to the NTMWD Cottonwood Creek Transmission Main. (See Exhibit A.) INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR. Paye 2 Interlocal.allm-2 h. Fairview Junction Structure — A junction structure which will be located at the northwest comer of the intersection of Stacy Road and the Union Pacific Railroad and which will serve as a collection point for wastewater from Fairview's Force Main and wastewater collection mains in the southern portion of Fairview's Planned Commercial District. The junction structure will be the termination point of Fairview's Force Main. (See Exhibit A.) L Fairview Lift Station — This wastewater pump station will be located near the intersection of Sloan Creek and State Highway 5. This pumping station will pump the wastewater collected from the Fairview Planned Commercial District. Fairview Metering Station — The Fairview Metering Station will he located at the northeast comer of the intersection of the Union Pacific Railroad and Stacy Road. This metering station will meter the wastewater flow from the Fairview Planned Commercial District. k. Fairview Wastewater Interceptor — The proposed wastewater transmission main which will consist of Fairview's Force Main and the Gravity Main. Such main will convey the wastewater collected in Fairview's Planned Commercial District from Fairview's Lift Station to the Cottonwood Creek Transmission Main, roughly following the existing Union Pacific Railroad alignment. (See Exhibit A.) 1. MGD — Million gallons per day. in. NTMWD — The North Texas Municipal Water District. The NTMWD is the entity that treats the wastewater from Fairview, Allen and many other customer cities. n. Wastewater Collection Main — A wastewater pipeline designed and constructed to collect wastewater from small areas and convey that wastewater to larger wastewater interceptors. o. Wastewater Transmission Force Main — A wastewater pipeline which has been designed and constructed to convey wastewater from one point to INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page 3 Interlocal.allen-2 another by pumping. A force main operates under pressure. P. Wastewater Transmission Gravity Main — A wastewater pipeline which has been designed and constructed to convey wastewater from one point to another by gravity. 2. Fairview's Contract with North Texas Municipal Water District . Fairview has a Regional Wastewater Customer Service Agreement for Customer Service, effective April 1, 1999, and a Regional Wastewater Customer Service Agreement (Supplement No. 1 - Heritage Ranch), effective August 1, 1999, with the North Texas Municipal Water District ("NTMWD") which provides, among other things, that NTMWD will provide wastewater transportation and treatment services to Fairview's Planned Commercial District (hereinafter collectively the "NTMWD Agreements"). The NTMWD Agreements are attached hereto as Exhibit C and incorporated herein for all purposes. The NTMWD Agreements specify, among other things, that Fairview will connect its wastewater transmission main, from Fairview's Planned Commercial District ("Fairview's Interceptor Sewer"), with the NTMWD wastewater system through the Cottonwood Creek Transmission Main, which is part of the NTMWD Upper East Fork Regional Interceptor System (the "Cottonwood Creek Transmission Main"). The point of connection to the Cottonwood Creek Transmission Main is located at the intersection of Cottonwood Creek and the old Union Pacific Railroad in Allen, being more particularly described in Exhibit A attached hereto and incorporated herein for all purposes. 3. Connection with the Cottonwood Creek Transmission Main. To connect with the Cottonwood Creek Transmission Main, Fairview's Interceptor Sewer must traverse approximately 5,100 feet through Allen's corporate limits. Fairview will construct a wastewater lift station near the intersection of Highway 5 and Sloan Creek in Fairview with a force main(s) along the right of way of the old Union Pacific Railroad ("Fairview's Force Main"). Fairview's Force Main will terminate at a point near the far southwest comer of Fairview's Planned Commercial District at US Highway 75 (at the old Union Pacific Railroad) and Stacy Road. At approximately US Highway 75 (at the old Union Pacific Railroad) and Stacy Road, Fairview will construct a wastewater flow metering station ("Fairview's Metering Station"). From Fairview's Metering Station, the discharge from the metering station will traverse through Allen as the Gravity Main to the connection with the Cottonwood Creek Transmission Main. Fairview's Interceptor Sewer connection with the Cottonwood Creek Transmission Main, including Fairview's Metering Station, are more particularly depicted in Exhibit A attached hereto and incorporated herein for all purposes. a RLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAMTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - PW 4 Interlocal.allen-2 4. Gravity Main. The Gravity Main made the subject of this Agreement is more particularly described in Exhibits A, B-1, & B-2 attached hereto and incorporated herein for all purposes. hi addition to serving Fairview's Planned Commercial District, the Gravity Main is designed to provide wastewater service to approximately one hundred sixty (160) acres of land in Allen ("Allen's Use"). Fairview's peak flow shall not exceed 4.6 MGD; Allen's peak flow shall not exceed 3.83 MGD. Should either party's wastewater peak flow contribution exceed the stated peak flow set forth herein (and in Exhibits A, B-1, & B-2), that party shall be responsible for costs and expenses of making any and all improvements to the Gravity Main necessary to accommodate that party's increased wastewater contribution. 5. Fairview's Obligations/Representation. IL Construction of Fairview's Interceptor Sewer. Fairview will, at its cost and expense, design, construct and install or cause to be designed, constructed and installed all of the facilities and improvements contemplated herein, including the Gravity Main, Fairview's Interceptor Sewer, Fairview's Force Main, Fairview's Metering Station, and Fairview's Junction Structure. Allen shall have the right to review and approve easements for the gravity main. Allen will be added as an additional insured bond beneficiary under contracts for construction and maintenance of the Gravity Main. Allen shall have the right to review and approve the bid specifications for the gravity main prior to the letting of bids. b. Costs to Oversize the Gravity Main. Fairview will, at its cost and expense (subject to reimbursement per paragraph 6), increase the size of the Southern 3,500 feet of Fairview's Gravity Main from a 21 inch diameter line to a 24 inch diameter line, which will, according to Allen's representation, accommodate Allen's Use of the Gravity Main (the "Oversizing"). The Oversizing of the Gravity Main will include the pipe beginning at the Discharge from Fairview's Metering Station and continuing to the Cottonwood Creek Transmission Main, resulting in approximately 3,500 feet of Oversizing. The Oversizing is more particularly described in Exhibit B-2. C. Easements. Fairview will obtain, at its sole costs and expense, all necessary real property, easements, licenses, rights of way and government approvals and permits for the construction, operation and maintenance of Fairview's Interceptor Sewer, INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page 5 Interlocal.allen-2 including Fairview's Force Main and Gravity Main C Fairview's Easements'). Fairview's Easements will provide for Allen's operation and maintenance of the Gravity Main. d. Fairview's Metering Station. Fairview will be responsible for the costs associated with Fairview's Metering Station, including, but not limited to, building, operating, maintaining and repairing Fairview's Metering Station. Fairview will also be responsible for billing the users of Fairview's wastewater services from Fairview's Planned Commercial District to Fairview's Metering Station. Fairview shall receive all revenue generated from the use of Fairview's Interceptor Sewer from Fairview's Planned Commercial District. Fairview shall not be obligated to Allen, in any way, for Fairview's use (including, but not limited to, Fairview's inhabitants and/or Fairview's Planned Commercial District) of the Gravity Main from Fairview's Metering Station to the Cottonwood Creek Transmission Main. Fairview agrees to have the Fairview meter checked for calibration once per year by an independent testing agency. and to provide Allen with the results. Allen shall also have the right to have Fairview's meter calibration checked at Allen's expense and to be reimbursed for the cost thereof if such meter is off by more than two percent. If such checks reveal that either city has been overcharged for sewer use by NTMWD, the city which has benefitted shall reimburse the other, but such reimbursement shall be limited to the most recent three months. e. Design Standards. The facilities will be designed to standards of the TNRCC in 30 TAC 317. Construction standards of NCTCOG as amended by the City of Allen will be met. f. Cost of Repair and Replacement Fairview shall reimburse Allen for a portion of the cost of repair or replacement of such gravity main performed by outside contractors. Such portion shall be that percentage of the actual cost of repair or replacement as is represented by Fairview's percentage of capacity in that portion of the line being repaired or replaced. g. Increased Capacity Costs. notwithstanding (f) above, if Fairview's discharge exceeds that provided for by Section 4, Fairview shall pay the cost of paralleling or rebuilding such line up to the size needed for such increased capacity upon notice by Allen and completion of construction. INTERLOCAL AGREEb FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - PW 6 Interlocal.allm-2 6. Allen's Oblisations. a. Operation and Maintenance of the Gravity Main. Allen shall have the right to inspect, approve, test and accept the Gravity Main before such is accepted by Fairview. Upon the completion of the construction, testing and final acceptance by Fairview of the Gravity Main, including the Oversizing, Allen shall pay Fairview the difference between the cost of a 21 - inch diameter gravity main and the cost of the oversized gravity main and such Gravity Main shall be transferred to Allen by such instrument(s) as are reasonably satisfactory to Allen. Allen shall be assigned the easements and other licenses permitting operation of such facilities, and Allen will assume, at its sole cost and expense, any and all costs and/or expenses associated with the operation and maintenance of the Gravity Main, except for the cost of repairs and/or replacement of the Gravity Main performed by outside contractors, which cost shall be shared based on percentage of capacity in that portion of the line being repaired or replaced. Allen hereby grants Fairview the unrestricted right to, at any time, inspect and/or test the Gravity Main. Allen will operate and maintain the Gravity Main in accordance with the Texas Natural Resource Conservation Commission ("TNRCC") requirements as set forth in 30, Texas Administrative Code, Chapter 317, as amended. Allen agrees to maintain the Gravity Main in good condition and to make repairs in a timely manner. If Allen fails to make repairs after notice by Fairview, Fairview shall have the right to make repairs, and to be reimbursed by Allen for Allen's share of costs as determined by Allen's percentage of capacity in that portion of the line being repaired. b. Increased Capacity Costs. If Allen's discharge exceeds that provided for in paragraph 4 of this Agreement, and if this reduces the ability of Fairview to utilize the gravity main, Allen shall parallel or rebuild such line to the size needed to accommodate such excess discharge. 7. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page 7 Interlwal.allen-2 address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Fairview, to: Town Administrator Town of Fairview 500 S. Highway 5 Fairview, Texas 75069 with a copy to: George A. Staples Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 If to Allen, to: City Manager City of Allen 1 Allen Civic Plaza Allen, Texas 75013 with a copy to Pete Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Miscellaneous Provisions. a. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. b. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas, and any proceeding relating to this Agreement shall be in Collin County, Texas. INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER MTERCEPTOR - Page 8 Interlocal.allen-2 C. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. d. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. e. Assignment. This Agreement is not assignable without the prior written consent of the other party and such consent shall not be unreasonably withheld. E Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. g. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h. Sovereign Immuniri. The parties agree that neither Fairview nor Allen has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance of the Agreement. INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page 9 Interlocal.allen-2 k. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 1. Pursuit of a Governmental Function. Both Fairview and Allen have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. M. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 9. Remedy. Either party may pursue an action for damages upon breach by the other party of this agreement after written notice and expiration of time to cure such breach. I 10. Termination. a. Except as otherwise provided herein, this Agreement may only be terminated by the mutual written agreement of the parties hereto. b. Allen shall have the right to terminate this agreement prior to the award of INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MANTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page 10 Interlocal.allen-2 the bid for construction by notice in writing to Fairview, if such notice is received prior to the award of the bid for construction of the gravity main. C. Allen shall have the right to terminate this contract if not completed prior to December 31, 2002. IN WIINESS WHEREOF, the parties have executed this Agreement on the dates set forth below. TOWN OF FAIRVIEW, TEXAS By: Authorized Represeniative Printed Name: � ,r.,o 7' �/,•/% Title: Date: —7 . .5 zoo I CITY OF ALLEN, TEXAS By: Authorized Re se tauve Name: PP�Tt!' ff Y (� ' 1 , /a -r- Printed Title: (!`. maZne� Date: LAS+ 3 2001 INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page I I Interlocal.allen-2 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN /� BEFORE the undersigned authority, on this day personally appeared �A/OAOIO� �- ZJ'445- , known to me to be the person whose name is subscribed to the foregoing instrument; and acknowledged to me that he/she is the duly authorized representative for the Town of Fairview, Texas, and that said instrument was executed for the purposes and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ✓j day of 2001. .,r r cnatxrn woteryPublia Stete of Toles My Commisam Expires Notary PpW in and for July te, zoos State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared P't'� 4. Zri'a-S , known to me to be the person whose name is subscribed to the foregoing ' trument; and acknowledged to me that he/she is the duly authorized representative for the City of Allen, Texas, and that said instrument was executed for the purposes and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this —3rd day of ust 2001. Connie S. Schofield k'NdafY Public. State of Texas Ary fommsvan Evpin SEPTEMBER 18.2004 Notary Public in and for tKe State of Texas INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE WASTEWATER INTERCEPTOR - Page 12 Interlocal.allen-2 Halff Associates, Inc. maea ey tax qvo msec sars one mom Engineers and Scientists c^°e'b ev snaa, xo gar ona Fw Commmi-'Pias Fbws TECHNICAL MEMO: PRELIMINARY WASTEWATER FLOWS - COMMEJAREAUnit Peak Flow per Acre by Land Use: 4p (OPrnl(9PmLand UseIcapitat(gpcd)' PF1000ftp)FAR`C)Reta1,0003 0.052 0.6 1. Comm/Office - - 3 - - 3.73 Hotel 500 60 3 0.250 4 43.56 Apart - g 79 Occupancy -density was estimated based on engineering experience. 125 City of Dallas Wastewater Design Flowrates from OWU Design Manual, May 1998. 3From Allen Design Manual; Qp = 1790 gal/AC-day`3.0/1440 = 3.73 (gpm/AC) 4Floor area ratios for retail and commercial development are taken from the City of Plano Zoning Ordinance and Subdivision Regulations. From Allen Design Manual; Qp = 4700 gal/AC-day`3.0/1440 = 9.79 (gpm/AC) Assumed three people per residence and one residence per 1/2 acre. Peak Flows by Land Use: Area Qp Qt Land Use (AC) (gpm1AC) (MGD) Retail 310 1.36 0.61 OfficelComm 330 3.73 1.77 Apartments 60979 085 Residential 50 156 011 Hotel 204356 125 TOTAL 770 4.59 Peak Flow from Sports Complex:gpm)American Airlines Center 17,000 1,200 Fairview Arena 10,000 706Total Peak Flow from Fairview Commercial Area: 5.6 MGDQft'qww Halff Associates, Inc. EXHIBIT B-1 faiview gravity main calcsl.xls 21221 mentse - 3 - g 79 Residential - 125 3 - - 1.56 01 Haltf Associates, Inc. Engineers and Sclentsb :HNICAL MEMO: -- CONCEPTUAL WASTEWATER GRAVITY MAIN = s,oye gpm 580 LF 21" PVC Gravity Main A = 50 Ac Q - (Qmiac .+I&p'PF'A 1500 LF 24" PVC (5,000+750)'4.14'50 = 830 gpm / A=60 Ac Q = (Qindi+I&1)'PF•A = (5,000+750)'4.14.60 Railroad ;• = 1,000 gpm 1000 LF 24" PVC A=50 As Q = (Qmmc=a +I&1)'PF'A = (5,000+750)'4.14'50 = 830 gpm 1000 LF 24" PVC I� Cstbnwood InvacepwrMSL QP, Q„�.k(gp V_,=2 D,_, Ve"', Minimum Design Qm-�a1/Q] rIR�„n V-Ii,a (MGD) m) fps (in) (ft/s) Slope(%) Slope (%) �1 (fps) alrvlew Peak Row 6.80 Halff Associates, Inc. EXHIBIT B-2 faiview gravity main calcsi.xls 2/22/01 EXHIBIT C NORTH TEXAS MUNICIPAL WATER DISTRICT REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW WHEREAS, the North Texas Municipal Water District owns and operates a Regional Wastewater Treatment System and an Upper East Fork Regional Interceptor System that can provide customer (non-member) service in accordance with the two systems' regional contracts and NTMWD District Policy No. 22; WHEREAS, the Town of Fairview has requested that the NTMWD allow the Town to provide sewer treatment and collector service to two different sets of properties within the Town, one area of mostly commercial property consisting of 918 acres within the Town of Fairview; WHEREAS, the NTMWD Engineering Function has reviewed the technical proposal submitted by Hunter Associates Texas, Ltd., serving as the Town's consulting engineer and is of the opinion that the information and data does provide the necessary information for the review and approval of this agreement; WHEREAS, Fairview has passed a resolution which backs the expansion of the Wilson Creek Wastewater Treatment Plant. THIS CUSTOMER SERVICE AGREEMENT ENTERED INTO BY THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE TOWN OF FAIRVIEW shall provide the basis for the service to be provided including the obligations and limitations in accordance with the following: 1. PURPOSE The North Texas Municipal Water District shall allow the Town of Fairview to serve the geographic area as established in Exhibit "A". The Town having the total responsibility to construct a system meeting all state and federal regulations and law to transport the sewage to the appropriate NTMWD facility. The North Texas Municipal Water District shall then transport the sewage through the NTMWD Upper East Fork Regional Interceptor System to the Wilson Creek Regional Wastewater Treatment Plant. Prior to discharge the NTMWD shall be responsible for treating the sewage in accordance with state and federal regulations and law. REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW PAGE I� A. Town of Fairview 1. To provide a set of plans and specifications prepared by a registered professional engineer for the construction of a sewage collection system. These plans must be submitted to the NTMWD a minimum of thirty (30) days prior to the start of any construction. The NTMWD shall review and make comments within thirty (30) days. The meter, meter vault, control valve, and control equipment and all facility work on the NTMWD property must have the written approval of the NTMWD prior to construction. 2. All cost for the construction to serve the property, including the sewer pipeline, metering vault, control valve, and meter shall be the responsibility of the Town but ownership of the meter shall be vested in the NTMWD. 3. A base charge of Five Hundred Dollars ($500.00) shall be billed each month upon flow entering in the system. In addition, a charge for service based on actual flow times current year shall be billed in the budgeted unit cost plus 20% by the NTMWD. The charges shall be paid by the Town of Fairview and all retail billing and collection shall be the responsibility of the Town. 4. NTMWD bills will be mailed on the 1st of the month and should be paid by the due date of the 20th of the month. If the bill has not been paid by the 1st of the following month, then it will be considered delinquent and a 10% additional charge will be added to the bill. 5. All operation and maintenance cost on the system constructed by the Town of Fairview shall be the responsibility of the Town of Fairview except after testing and acceptance. The NTMWD shall be responsible for O&M cost on the meter. 6. The Town shall be responsible for all permits and certificates required by the regulatory agencies for facilities built by the Town of Fairview up to the NTMWD meter vault. B. NTMWD 1. The North Texas Municipal Water District shall bill the Town a base fee and an amount equal to volume times the current year unit cost plus 20% per thousand gallons to the member cities. REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW PAGE 2. The meter shall be maintained by the NTMWD in accordance with the NTMWD Standard Maintenance Policy for meters with the Town having the right to request verification of the accuracy of the meter by witnessing the NTMWD calibrations. Should disagreement arise regarding accuracy of meter, the Town has the right to have an outside meter company evaluate the meter with NTMWD personnel once in any six (6) month period. Any meter adjustment shall not be for a time period greater than six (6) months. 3. The NTMWD shall operate the system in accordance with the NTMWD Upper East Fork Wastewater Interceptor System Contract dated the 26th day of July, 1984, and the NTMWD Trinity East Fork Regional Wastewater System Contract dated the 1st day of October, 1975. III. LIMITATIONS A. The following limitations shall apply to the Town: 1. The land area being served shall be only that property of 918 acres described in Exhibit "A" and no other. 2. Town system not to exceed an annual monthly average day of 4,600,000 gallons per day. 3. The wastewater flow from the Town shall never exceed the following Normal Wastewater Concentrations: a. 275 milligrams per liter BOD; b. 300 milligrams per liter TSS; c. pH, not less than six (6) or greater than nine (9); d. 0.1 milligrams per liter Hydrogen Sulfide. 4. The member cities of the NTMWD Regional Wastewater System shall have prior rights to the service of the system. The effective date of this agreement shall be April 1, 1999, for a term of twenty (20) years. If the facilities have not been constructed and placed into service by March 1, 2003, this agreement shall be declared null and void. LEGx'ND =INCORPORATED =UNINCORPORATED ' (• `� TOWN OF FAI] CITY LIMITS MA] IIF � sr+�1 i`�►.. ■ `� TOWN OF FAI] CITY LIMITS MA] EXHIBIT NORTH TEXAS MUNICIPAL WATER DISTRICT REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW SUPPLEMENT NO. 1 — HERITAGE RANCH WHEREAS, the North Texas Municipal Water District owns and operates a Regional Wastewater Treatment System and an Upper East Fork Regional Interceptor System that can provide customer (non-member) service in accordance with the two systems' regional contracts and NTMWD District Policy No. 22; WHEREAS, the Town of Fairview has requested that the NTMWD allow the Town to provide sewer treatment and collector service to a limited area called Heritage Ranch, within the Town; WHEREAS, The Town of Fairview and NTMWD are parties to an agreement dated March 25, 1999, and; WHEREAS, This agreement is intended to supplement the March 25, 1999, agreement by including a geographic area called Heritage Ranch with appropriate service dates. WHEREAS, the NTMWD Engineering Function has reviewed the technical proposal submitted by Hunter Associates Texas, Ltd., serving as the Town's consulting engineer and is of the opinion that the information and data does provide the necessary information for the review and approval of this agreement; WHEREAS, Fairview has passed a resolution which backs the expansion of the Wilson Creek Wastewater Treatment Plant. THIS CUSTOMER SERVICE AGREEMENT ENTERED INTO BY THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE TOWN OF FAIRVIEW shall provide the basis for the service to be provided including the obligations and limitations in accordance with the following: I. PURPOSE The North Texas Municipal Water District shall allow the Town of Fairview to serve the geographic area as established in Exhibit "A". The Town has the total responsibility to construct a system meeting all state and federal regulations and law to transport the sewage to the appropriate NTMWD facility. The North Texas Municipal Water District shall then transport the sewage through the NTMWD Upper East Fork Regional Interceptor System to the Wilson Creek Regional Wastewater Treatment Plant. Prior to discharge the NTMWD shall be responsible for treating the sewage in accordance with state and federal regulations and law. REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW SUPPLEMENT NO. 1 -HERITAGE RANCH PAGE 2 10 A. Town of Fairview 1. To provide a set of plans and specifications prepared by a registered professional engineer for the construction of a sewage collection system. These plans must be submitted to the NTMWD a minimum of thirty (30) days prior to the start of any construction. The NTMWD shall review and make comments within thirty (30) days. The meter, meter vault, control valve, and control equipment and all facility work on the NTMWD property must have the written approval of the NTMWD prior to construction. 2. All cost for the construction to serve the property, including the sewer pipeline, metering vault, control valve, and meter shall be the responsibility of the Town but ownership of the meter shall be vested in the NTMWD. 3. A base charge of Five Hundred Dollars ($500.00) shall be billed each month upon flow entering in the system. In addition, a charge for service based on actual flow tithes current year shall be billed in the budgeted unit cost plus 20% by the NTMWD. The charges shall be paid by the Town of Fairview and all retail billing and collection shall be the responsibility of the Town. 4. NTMWD bills will be mailed on the 1st of the month and should be paid by the due date of the 20th of the month. If the bill has not been paid by the Ist of the following month, then it will be considered delinquent and a 10% additional charge will be added to the bill. 5. All operation and maintenance cost on the system constructed by the Town of Fairview shall be the responsibility of the Town of Fairview except after testing and acceptance. The NTMWD shall be responsible for O&M cost on the meter. 6. The Town shall be responsible for all permits and certificates required by the regulatory agencies for facilities built by the Town of Fairview up to the NTMWD meter vault. REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW SUPPLEMENT NO. 1 - HERITAGE RANCH PAGE RIMMEW YTTk6Va7 1. The North Texas Municipal Water District shall bill the Town a base fee and an amount equal to volume times the current year unit cost plus 20% per thousand gallons to the member cities. 2. The meter shall be maintained by the NTMWD in accordance with the NTMWD Standard Maintenance Policy for meters with the Town having the right to request verification of the accuracy of the meter by witnessing the NTMWD calibrations. Should disagreement arise regarding accuracy of meter, the Town has the right to have an outside meter company evaluate the meter with NTMWD personnel once in any six (6) month period. Any meter adjustment shall not be for a time period greater than six (6) months. 3. The NTMWD shall operate the system in accordance with the NTMWD Upper East Fork Wastewater Interceptor System Contract dated the 26th day of July, 1984, and the NTMWD Trinity East Fork Regional Wastewater System Contract dated the 1st day of October, 1975. III. LIMITATIONS A. The following limitations shall apply to the Town: 1. The land area being served shall be only that property of Heritage Ranch described in Exhibit "A" and no other. 2. Town system not to exceed an annual monthly average day of 4,600,000 gallons per day. 3. The wastewater flow from the Town shall never exceed the following Normal Wastewater Concentrations: a. 275 milligrams per liter BOD; b. 300 milligrams per liter TSS; c. pH, not less than six (6) or greater than nine (9); d. 0.1 milligrams per liter Hydrogen Sulfide. REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW SUPPLEMRNT NO. 1 - HERITAGE RANCH PAGE 4 4. The member cities of the NTMWD Regional Wastewater System shall have prior rights to the service of the system. The effective date of this agreement shall be August 1, 1999, for a term of twenty (20) years. If the facilities have not been constructed and placed into service by March 1, 2003, this agreement shall be declared mill and void. IV. OTHER A. Each party shall indemnify and save harmless the other party and its officers, agents and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the negligent acts of that party or its agents or employees, in the execution or performance of this contract. B. This agreement shall be deemed to be a contract and for all purposes shall be governed by and construed in accordance with the laws of Texas and the applicable laws of the United States. THIS AGREEMENT APPROVED BY THE �4V »BOARD OF DIRECTORS at their JM Regula: meeting on the cP4day of tj t..� e. 1999, with authorization for execution by the President and Secretary of the NTMWD Board. NORTH TEXAS MUNICIPAL WATER DISTRICT 1 1 ff h THIS AGREEMENT REVIEWED AND APPROVED BY THE CITY COUNCIL O THE TOWN OF FAIRVIEW in a Regular meeting on the 2 day of 1999, with authorization for the Mayor and City Secretary to excute the a ent o ehalf of the Town of Fairview. I — OFFAIRVIEW�;G o, `,t , I i , r i REGIONAL WASTEWATER CUSTOMER SERVICE AGREEMENT AGREEMENT FOR CUSTOMER SERVICE WITH THE TOWN OF FAIRVIEW PAGE V. OTHER A. Each party shall indemnify and save harmless the other party and its officers, agents and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the negligent acts of that party or its agents or employees, in the execution or performance of this contract. B. This agreement shall be deemed to be a contract and for all purposes shall be governed by and construed in accordance with the laws of Texas and the applicable laws of the United States. THIS AGREEMENT APPROVED BY THE NTMWD BOARD OF DIRECTORS at their Regular meeting on the 25th;:-l-'tl� day of - .arch 1999, with authorization for execution by the President and Secretary of the NTMWD' oard. NORTH TEXAS MUNICIPAL WATER DISTRICT JO IE MARSHAL , SECRETARY ALEX R. SC ELL, IB, PRESIDENT THIS AGREEMENT REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF FAIRV1EW in a Regular meeting on the 2_ day of 1999, with authorization for the Mayor and City Secretary to execute the agreement qdbehalf of the Town of Fairview. TOWN OF FAIRVIEW O / ITY cG'r/ OF FqJ'SG� I i � r J MAYOR