R-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
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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
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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
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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 —
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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
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MAYOR