HomeMy WebLinkAboutCity Council Resolutions (R-97-1312)-12/31/1997
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RESOLUTION R-97 -1312
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT
AUTHORIZING PARTICIPATION IN FORT WORTH'S PERMANENT
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY AND
INDEMNIFICATION FOR CITIES' PARTICIPATION AT THE FACILITY
WHEREAS, the City of Colleyville desires to provide an opportunity for its citizens
to utilize the City of Fort Worth's permanent household hazardous
waste collection facility; and
WHEREAS, cities in the Tarrant County area have been invited to participate and
would be required to approve an inter-local agreement which includes
a mutual indemnification, and also establishes each participating
city's maximum annual share for use of the permanent household
hazardous waste collection facility; and
WHEREAS, the City of Fort Worth requires a resolution further describing the
environmental indemnification for participating cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec 1.
THAT the City of Colleyville, Texas does agree to release, indemnify,
defend, reimburse, and hold harmless the participating cities, their
officers, agents, employees and volunteers, as set forth in the
attached Interlocal Agreement For Participation In Fort Worth's
Environmental Collection Center Household Hazardous Waste
Program. During each year while there is any liability by reason of
said contract, including the calendar years 1997 and 1998, the City
Council of said City shall compute and ascertain the rate and amount
of ad valorem tax, based on the latest approved tax rolls of said City,
with full allowances being made for tax delinquencies and costs of tax
collection, which will be sufficient to raise and produce the money
required to pay any sums which may be or become due during any
such year, in no instance to be less than two percent (2%) of such
obligation, together with all interest thereon, because of the obligation
assumed. Said rate and amount of ad valorem tax is hereby ordered
to be levied and is hereby levied against all taxable property in said
City for each year while any liability exists by reason of the obligation
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Resolution R-97-1312
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undertaken by the contract, and said ad valorem tax shall be
assessed and collected each year until all of the obligations herein
incurred shall have been discharged and all liability hereunder
discharged.
AND IT IS SO RESOLVED.
Passed by a vote of
day of
BY CITY COUNCIL.
ATTEST:
ayes, nays, and abstentions, on this
,1997. THIS RESOLUTION WAS NEVER HEARD
/
Jean Harris, CMC
City Secretary
CITY OF COLLEYVILLE
/
Richard Newton
Mayor
STATE OF TEXAS
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KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant County, Texas, hereinafter called "Fort Worth," acting
herein by and through Charles Boswell, its duly authorized Assistant City Manager, and the City of
Co lIe yv i 11 ~ Texas, a home-rule municipality situated in Tar ran t County,
Texas, hereinafter called "Participating City," acting herein by and through Bob Striplingits
duly authorized Ci tv Manaqer
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
cooperation agreements between and among municipalities; and
WHEREAS, Texas Government Code, 9791.011 provides that a local government may contract
with another to perform governmental functions and services, and 9791.003(3)(H) defines waste
disposal as a governmental function and service; and
WHEREAS, Texas Government Code, 9791.025 provides that a local government may agree with
another local govemment to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby
Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer
a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act;
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this agreement explicitly states otherwise, the following terms and
phrases, as used in this agreement, shall have the meanings hereinafter designated.
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Act of God means an act occasioned by the direct, immediate, and exclusive operation of
the forces of nature, uncontrolled or uninfluenced by the power of man and without human
intervention.
Environmental Collection Center means the City of Fort Worth Department of
Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used by Fort Worth for the aggregation of household hazardous wastes
that have been brought to the facility by participating cities' households for subsequent
recycling, disposal, and/or reuse.
Environmental damaQes means all claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred subsequent to the execution of this agreement as a result of the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of
waste pursuant to this agreement, or the existence of a violation of environmental
requirements pertaining to same, and including without limitation:
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal, state
or local governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of environmental
requirements, and including without limitation any attorney's fees, costs and
expenses incurred in enforcing this agreement or collecting any sums due
hereunder; and
(c) Liability to any third person or govemmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
subparagraph (b) herein.
Environmental requirements means all applicable present and future statutes, regulations,
rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations,
concessions, franchises, and similar items, of all govemmental agencies, departments,
commissions, boards, bureaus, or instrumentalities of the United States, states, and
political subdivisions thereof and all applicable judicial, administrative, and regulatory
decrees, judgments, and orders relating to the protection of human health or the
environment, including without limitation:
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(a) All requirements, including but not limited to those pertaining to reporting, licensing,
permitting, investigation, and remediation of emissions, discharges, releases, or
threatened releases of hazardous materials, pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surface water, groundwater, storm water, or land, or
relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees
or the public.
Force maieure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s)
to perform pursuant to their agreements with Fort Worth for the conduct of the collection of
household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and
sabotage.
Household hazardous waste means any solid waste generated in a household by a
consumer which, except for the exclusion provided for in 40 CFR ~ 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261.
Manifest means the uniform hazardous waste manifest form(s) furnished by the TNRCC
to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste
for waste transported to a site in Texas, or the comparable manifest of the receiving
state if the waste is transported out of Texas.
Participatinq cities, when used in the plural, means Fort Worth, Participating City, and all
other cities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health and
Safety Code 9361.003, and including hazardous substances.
B. Unless a provision in this agreement explicitly states otherwise, the following
abbreviations, as used in this agreement, shall have the meanings hereinafter designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act.
CPR - cardiopulmonary resuscitation.
DOT - United States Department of Transportation.
ECC - Environmental Collection Center.
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EPA - United States Environmental Protection Agency.
HAZCA T - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response.
HM - hazardous materials.
HHW - household hazardous waste.
2.
PURPOSE
The purpose of this Interlocal Agreement (hereafter "agreement") is the provision of services by
Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort
Worth will administer and supervise a regional household hazardous waste collection program,
which will be available to households within Participating City.
3.
TERM
This Agreement shall be effective from November 1, 1997, through September 3D, 1998, and may
be extended for two one-year terms by agreement of all parties.
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services for Participating City in connection with the
ECC household hazardous waste collection program:
A. Fort Worth will administer a regional household hazardous waste collection program. This
program will include the operation of the Environmental Collection Center, which will
accept for disposal and/or recycling household hazardous waste from households located
within Participating City. Fort Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, etiologic, and infectious materials; wastes from businesses; and any other
wastes that Fort Worth has determined are unacceptable.
B. Fort Worth will employ personnel, perform administrative activities, and provide
administrative services necessary to perform this agreement.
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of
household hazardous waste, which is collected at the ECC. Such firm(s) shall be required
pursuant to the contract(s) to assume generator status for the waste collected, (excluding
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used oil, lead-acid batteries and anti-freeze) to choose a disposal site for the waste subject
to Fort Worth's approval, and to indemnify Fort Worth and participating cities. The parties
recognize that although the firm(s) will be required to assume generator status, this
assumption will not relieve participating cities of liability for the waste under federal law and
state law. Fort Worth will arrange for recycling vendors for used oil, batteries and anti-
freeze.
D. Fort Worth will, if requested by Participating City, provide Participating City with copies of
waste manifests for shipments of waste from the ECC.
E. Fort Worth will meet with all participating cities in May of 1998 to provide an accounting of
actual costs of the ECC household hazardous waste program, in order to begin
negotiations for agreements for fiscal year 1998-1999.
F. Fort Worth will act under this agreement in accordance with all applicable state and federal
laws.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household
hazardous waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act
as its household hazardous waste collection coordinator to interact with Fort Worth.
B. Participating City will coordinate and fund all program advertising targeted to its own
citizens, as it deems necessary. Such advertising shall include the type of wastes that will
be accepted at the ECC and the requirement of proof of residency.
C. Participating City will advise its citizens when it has reached the maximum number of
households allocated under this agreement for participation in the program, and inform
them that they can no longer use the service.
6.
'RIGHT OF REFUSAL OF WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC
from a resident of Participating City and to eject such individual from the premises of the ECC if in
the reasonable judgment of Fort Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet other established criteria established by this agreement, or that
have been established by Fort Worth subsequent to the execution of the agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating City; or
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D. The waste or the individual presents a hazard to the ECC or to persons or property at the
ECC.
7.
COMPENSATION
A. Participating City agrees to pay Fort Worth the sum of $75.00 per household for 236
households, for a total not to exceed amount of $ 1 7 , 700 . 0 q as compensation for its
participation in the program. This is an amount that fairly compensates Fort Worth for its
services under this agreement. The total not to exceed amount shall be paid to Fort Worth
in four equal installments from funds currently available to Participating City. The quarterly
installments shall be due no later than ten (10) days following receipt by Participating City
of an invoice from Fort Worth. Fort Worth will bill Participating City on November 15,
1997, January 15, 1998, April 15, 1998, and July 15, 1998.
B. The invoices will include the number of Participating City's households that contributed
HHW to the program during the quarter, the total amount to-date charged against
Participating City's account, and the amount remaining in Participating City's account.
C. Fort Worth will notify Participating City when at least 75% of the not to exceed amount of
this agreement has been spent, and will cut off Participating City's residents from using the
ECC when Participating City's allocated funds have been exhausted.
D. At the end of the term of the agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households
which participated in the program, the total cost of spill response charged to Participating
City, and the amount of any balance remaining in the account. If a balance remains in the
account, Participating City will have the option of receiving a refund or rolling the funds
over into the next year's account. Fort Worth shall pay no interest to Participating City on
the funds in its account.
8.
INDEMNIFICATION
A. Environmental Indemnification
1. TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN
PARAGRAPH (A)(5) BELOW, PARTICIPATING CITY DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
PARTICIPATING CITIES, THEIR OFFICERS, AGENTS, AND EMPLOYEES,
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES RESULTING FROM THE
HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL,
TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF WASTE
WHICH WAS COLLECTED PURSUANT TO THIS AGREEMENT.
2. TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN
PARAGRAPH (A)(5) BELOW, PARTICIPATING CITY DOES HEREBY RELEASE,
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INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
PARTICIPATING CITIES, THEIR OFFICERS, AGENTS, AND EMPLOYEES,
AGAINST ANY AND ALL VIOLATIONS BY ANY PERSON OF ANY
ENVIRONMENTAL REQUIREMENTS PERTAINING TO THE HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, AND/OR REUSE OF WASTE COLLECTED PURSUANT TO THIS
AGREEMENT.
3.
TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN
PARAGRAPH (A)(6) BELOW, FORT WORTH DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
PARTICIPATING CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST
ANY AND ALL ENVIRONMENTAL DAMAGES RESULTING FROM THE
HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL,
TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF WASTE
WHICH WAS COLLECTED PURSUANT TO THIS AGREEMENT.
4.
TO THE EXTENT OF ITS ALLOCATED LIABILITY AS SET FORTH IN
PARAGRAPH (A)(6) BELOW, FORT WORTH DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS PARTICIPATING
CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
VIOLATIONS BY ANY PERSON OF ANY ENVIRONMENTAL REQUIREMENTS
PERTAINING TO THE HANDLING, COLLECTION, TRANSPORTATION,
STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE OF WASTE
COLLECTED PURSUANT TO THIS AGREEMENT.
5.
FORT WORTH AND PARTICIPATING CITY RECOGNIZE THAT UNDER CERCLA
A "CRADLE-TO-GRAVE" RESPONSIBILITY EXISTS FOR WASTE COLLECTED
UNDER THE ECC HHW PROGRAM. FORT WORTH AND PARTICIPATING CITY
RECOGNIZE THAT IT WILL NOT BE POSSIBLE TO IDENTIFY ONE CITY'S
WASTE FROM ANOTHER'S ONCE THE WASTE HAS BEEN AGGREGATED.
FORT WORTH AND PARTICIPATING CITY FURTHER RECOGNIZE THAT IT IS
NECESSARY TO CREATE AN EQUITABLE ALLOCATION OF LIABILITY AMONG
THE PARTICIPATING CITIES FOR THE WASTE COLLECTED PURSUANT TO
THE ECC HHW PROGRAM. THEREFORE, FORT WORTH AND PARTICIPATING
CITY AGREE THAT THE ALLOCATED LIABILITY OF PARTICIPATING CITY
UNDER THIS PARAGRAPH (A) SHALL BE CALCULATED AS FOLLOWS:
THE ACTUAL NUMBER OF PARTICIPATING CITY'S HOUSEHOLDS
CONTRIBUTING WASTE TO THE PROGRAM DIVIDED BY THE
ACTUAL NUMBER OF TOTAL HOUSEHOLDS CONTRIBUTING WASTE
TO THE PROGRAM = X PERCENT.
X PERCENT = THE PERCENTAGE OF THE TOTAL VOLUME OF
WASTE COLLECTED THROUGH THE PROGRAM FOR WHICH
PARTICIPATING CITY SHALL BE LIABLE.
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6. FORT WORTH AND PARTICIPATING CITY AGREE THAT THE ALLOCATED
LIABILITY OF FORT WORTH UNDER THIS PARAGRAPH (A) SHALL BE
CALCULATED AS FOLLOWS:
THE ACTUAL NUMBER OF FORT WORTH'S HOUSEHOLDS
CONTRIBUTING WASTE TO THE PROGRAM DIVIDED BY THE
ACTUAL NUMBER OF TOTAL HOUSEHOLDS CONTRIBUTING WASTE
TO THE PROGRAM = X PERCENT.
X PERCENT = THE PERCENTAGE OF THE TOTAL VOLUME OF
WASTE COLLECTED THROUGH THE PROGRAM FOR WHICH FORT
WORTH SHALL BE LIABLE.
B. Fort Worth agrees that it will require each of the participating cities to enter into like
indemnification agreements before participating in the ECC HHW program. Fort Worth
and Participating City agree that this is a fair and equitable allocation of responsibility
among the participating cities.
C. The obligations of the parties under this Section shall include, but not be limited to, the
burden and expense of defending all claims, suits and administrative proceedings (with
counsel reasonably approved by the indemnified parties), even if such claims, suits or
proceedings are groundless, false, or fraudulent, and conducting all negotiations of any
description, and paying and discharging, when and as the same become due, any and all
judgments, penalties or other sums due against such indemnified persons.
D. The obligations of the participating cities under this Section shall survive the expiration of
this agreement and the discharge of all other obligations owed by the parties to each other
hereunder.
E. The parties agree that their City Council resolutions (or whatever mechanism is used) that
approve this agreement will contain substantially the following language:
The City of Colleyvi lledoes hereby agree to release, indemnify, defend,
reimburse, and hold harmless the participating cities, their officers, agents,
employees and volunteers, as set forth in the attached Interlocal Agreement For
Participation In Fort Worth's Environmental Collection Center Household
Hazardous Waste Program. During each year while there is any liability by reason
of said agreement, including the calendar years 1997 and 1998, the City Council of
said City shall compute and ascertain the rate and amount of ad valorem tax,
based on the latest approved tax rolls of said City, with full allowances being made
for tax delinquencies and costs of tax collection, which will be sufficient to raise and
produce the money required to pay any sums which may be or become due during
any such year, in no instance to be less than two percent (2%) of such obligation,
together with all interest thereon, because of the obligation assumed. Said rate
and amount of ad valorem tax is hereby ordered to be levied and is hereby levied
against all taxable property in said City for each year while any liability exists by
reason of the obligation undertaken by the agreement, and said ad valorem tax
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shall be assessed and collected each year until all of the obligations herein
incurred shall have been discharged and all liability hereunder discharged.
F. Participating City shall submit to Fort Worth a certified copy of the resolution containing the
above language attached hereto as Appendix A. Participating City shall not be allowed to
participate in the program until the resolution is submitted.
9.
IMMUNITY
It is expressly understood and agreed that, in the execution of this agreement, none of the
participating cities waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions, and that the services described in this agreement are a governmental function.
10.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this agreement shall be excused
to the extent that the delay or failure to perform resulted from a force majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
11.
TERMINATION
The parties shall each have the right to terminate the agreement for any reason, with or without
cause, upon thirty (30) days' written notice to the other party.
12.
NOTICE
Any notices required to be given under this agreement shall be delivered as follows:
If to Fort Worth:
Dr. Edward Sierra, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
If to Particioatina City:
C. Roh~rt. Strip'in~. riry M~nager
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
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13.
ENTIRETY
This agreement contains all commitments and agreements of the parties hereto, and no other oral
or written commitments shall have any force or effect if not contained herein.
14.
SEVERABILITY
In the event anyone 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 provisions had never been contained herein.
15.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this
agreement, venue for said action shall be in Tarrant County, Texas.
16.
AUTHORITY
This agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
17.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials and
have the necessary authority to execute this agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary resolutions extending such authority have
been duly passed and are now in full force and effect.
EXECUTED IN TRIPLICATE in Fort Worth, Tarrant County, Texas.
CITY OF FORT WORTH
PARTICIPATING CITY
By:
Charles Boswell
Assistant City Manager
Date:
By:
Name: ~ Rooort Stripling
Title: C i t Y Manager
Date:
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APPROVED AS TO FORM
AND LEGALITY:
Marcia Wise
Assistant City Attomey
ATTEST:
Alice Church
City Secretary
APPROVED AS TO FORM
AND LEGALITY:
City Attorney
ATTEST:
JF!rln Hrlrri~
City Secretary
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