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Home My WebLink AboutContract 26692CITY SECRETARI� CONTRACT Np. : o� PURCHASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, Woodvale Water, Inc. is the owner and holder of a Certificate of Convenience and Necessity ("CCN") issued by the Texas Natural Resource Conservation Commission ("TNRCC") or predecessor agency, same being Certificate No. 12480, which authorizes water service to an area in and around Lake Worth, such area being located within the corporate limits of the City of Fort Worth; and WHEREAS, the City of Fort Worth also holds a CCN issued by the TNRCC or predecessor agency, same being Certificate No. 12311, which authorizes the City of Fort Worth to provide water service to the same area; and WHEREAS, the City of Fort Worth is desirous of purchasing from Woodvale � Water, Inc. its retail water distribution lines and meters serving the area covered by CCN No. 12480. NOW, THEREFORE, this agreement is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter referred to as "Buyer", acting herein by and through Mike Groomer, its duly authorized assistant city manager, and Woodvale Water, Inc., hereinafter referred to as "Seller", acting herein by and through Ralph Stangl, its duly authorized president. I. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, retail water distribution lines and meters serving the area covered by CCN No. 12480, authorizing Seller to provide water service to an area in and around Lake Worth, more particularly as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. Seller agrees to execute any and all documents necessary for filing with the TNRCC to effectuate the cancellation or decertification of CCN No. 12480. Further, Seller shall cooperate with Buyer to obtain the approval of the TNRCC of such cancellation ordecertification. � .-- � r:,n ; '�!��;�0�� '�'��%)I;,�U ,> r n.� � � ,, ��' � ' � �r-n � �, ,G;?r� ;� �1,, [� � � �1��. J (� �f� � . ; S�,>>. ��; ��{tL( it'�j�� I��) U la l+�J��';�, ti� ��L^ a ii. The purchase price for the water distribution lines and meters shall be $41,000, with $25,000 being due and payable to Seller as specified herein and $16,000 being retained by Buyer to be used for the payment of impact fees that would otherwise be due from the customers of Seller. The $25,000 due to Seller under this agreement shall be payable as follows: (1) $15,000 shall be paid on April 1, 2001; and (2) $10,000 shall be paid within five (5) business days from the date that the last customer of Seller is transferred to Buyer's system. Prior to the second payment being made, Seller shall execute a Bill of Sale in the form attached hereto as Exhibit "B". III. Seller acknowledges that Buyer is in the process of installing a water main that will be used to provide water service to Seller's customers. Until (i) the installation of the water main is completed and accepted by Buyer and, (ii) Seller's customers are connected to such main, Seller agrees, at its sole cost and expense, to continue to operate and maintain its groundwater well system, the associated distribution system and customer connections (except as modified in paragraph V below), and provide potable water to its customers. Seller shall be responsible for the payment of all costs incurred in providing such water service until its last customer is connected to the Buyer's system. Seller entitled to all revenues generated from the sale of water to its customers prior to their connection to the Fort Worth system. IV. Buyer shall be responsible for any repairs to the water well system, distribution system and the customer service connections that are damaged by Buyer or its contractor during the installation of Buyer's water main. After full payment of the all moneys due to Seller, the Buyer shall also be responsible for the costs of closing the existing groundwater well(s) in accordance with rules adopted by the TNRCC, if in its sole discretion Buyer decides to close said groundwater well(s). In addition, Buyer shall be responsible for the removal of all structures and materials '��G�'�"�G:':r� I`-:'L��C��G"�U �� 11� �'��:� u�� Wi�l �Ih` J' 1! r�-� Iy'�,n.-:..,,.;��I�;� � U �a V+��',i�;:ll�i.�.c�ll� ��o from lots 44 and 47, Block 6, Lake Worth Leases Addition, Fort Worth, Tarrant County, Texas, as recorded in the Plat Records, Tarrant County, together with disposition of lines and mains utilized by the Seller to provide water service under CCN No. 12480, together with any associated costs of environmental cleanup necessitated by actions of Buyer. V. Seller shall be responsible for cleanup costs and other liabilities arising under Environmental Laws and common law attributable to the environmental conditions of the property legally described as lots 44 and 47, Block 6, Lake Worth Leases Addition, Fort Worth, Tarrant County, Texas, as recorded in the Plat Records, Tarrant County (the "Property") regardless of the date of discovery of the environmental condition giving rise to such liability related to substances and materials brought onto or introduced into the Property by Seller; provided, however, Fort Worth shall be responsible for any liability arising under Environmental Laws and common law attributable to actions of Fort Worth occurring after the last payment due to Seller has been made. For purposes of this section, the term "Environmental Laws" means any applicable federal, state and local laws relating to protection of the public health, welfare and the environment including, without limitation, those laws relating to (I) the storage, handling, use or accidental release of chemicals and other hazardous maferials and hazardous substances; (ii) those relating to the generation, processing, treatment, storage, transport, disposal or other management of waste materials of any kind; and (iii) those relating to the protection of environmentally sensitive areas. VI. Seller agrees to indemnify, defend and hold harmless Buyer, its officers, agents, employees, from and against any claims or causes action arising out of Seller's provision of water service to its customers. Seller shall not be responsible for any action or cause of action a�'ising, out of Buyer's provision of water services. G, �""" .,' ' Executed this �tday of , 2001. �� 0�;�;i ��C�GQ� ��1T�' ��'�G��s�° G°��7 �7 .. � ��. �l� �y� �'j�(��i',u � JU'��-it'<u��y BUYER: CITY OF FO , TH By: � ike roo er Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Assistant ity Attorney ATTEST: �� ' �� ity Secret�afy �%�,/� �-�l , _,.�..�.._ �� '�" -- — Con�ac't Authoriza�ion � ., ��—�� j Date SELLER: WOODVALE WATER, INC. 4 A � �� .. � � r� � � �+�, � - By: _�-�.- �� , '� Ralph�-� tangl, Presidenfi� �...,,�_.... _�..� �,`��i��i1��C�s �'��C�� ; Ill�ti ��'�G?� ' ei( � � ti��h�� .; �,,�.�. l i� Vue,,:c p u Vip $a,I , P• f`y� P'�' � � � �t�' _.�l� Exhibit "B" BILL OF SALE Woodvale Water, Inc., in consideration of one dollar ($1.00) and other good and valuable consideration paid to me by the Fort Worth, the receipt of which is acknowledged, does hereby sell to the City of Fort Worth the following described goods: 1. All water mains owned by Woodvale Water Inc. used in providing treated water service pursuant to Certificate of Convenience and Necessity No. 12480, including mains from 8048 Malaga Drive, Site of Well #1 to Woodvale Road on Woodvale Road from 8228 Woodvale Road to 8008 Woodvale Road, 7932 Malaga Drive through 7900 Malaga Drive to 7856 Vinca Circle; water mains from Well #1 to 8100 Malaga Drive through 8148 Malaga Drive; and from Well Site # 2 to Woodvale Road. 2. Wells, and pumps, and associated equipment in well houses at 8048 Malaga Drive (Well #1) and at 8049 Woodvale Road (Well # 2), except as listed in paragraph number 5 below. Specifically included is the following equipment: a: The well and pump, the pressure/electrical controls= the chlorinator, the 10,000 gallon storage tank, pump house and security fence at the Well #1 site. b. The well and pump, the 500-gallon pressure tank, the pressure/electrical controls, the chlorinator, and the pump house at the Well #2 site. 3. All installed meters and meters and meter boxes, together with shut off valves. 4. Three (3) fire hydrants and tall water mains associated with the hydrants. 5. Specifically excluded from this Bill of Sale is the following property: a. Pressure pump associated with Well #1; b. The 150-gallon pressure tank associated with Well #2; c. Replacement chlorinators not installed on either well site; d. All electric and kerosene heaters; ��,��B�c�O�°1�� '��JG�� r��' �C�� IQ�( UUa liL+'�ille1�JU� U�Wo e. Ph meter; f. Chlorine tester; g. Uninstalled meter boxes stored at either of the two well sites; h. Pipe, valves, fittings and pumps and tanks not otherwise listed above; and i. Ladders and miscellaneous tools. Seller covenants and agrees to defend the sale of the goods to the Buyer, and to the Buyer's successors and assigns, against all lawful claims. This Bill of Sale shall be effective as to the transfer of property listed in it on the date that it is executed. �� In witness whereof, this Bill of Sale is executed on the /% day of �3 �- , 2001. BUYER: City of Fort Worth Mike Groomer Assistant City Manager SELLER: Woodvale Water, Inc. :-�� _ � '/' _ ,� � ' Ralph Stangl � ` President '� � .;,J,U;�vi;;�:��;:;� f G�,��U��= , �. 1��; o E �� r%��Ql� �� I J!!o u�J'"��p �[�30 ;... _ ____ M.__�,..0 �r _��_� ACKNOWLEDGEMENT OF BILL OF SALE State of Texas § County of Tarrant § �Before me, the undersigned authority, on this day personally appeared ' , ., , Mike Groomer, assistant city �Manager for the City of Fort Worth, Buyer, known to me to be the persons whose names are subscribed to the foregoing Bill of Sale, and acknowledged to me that they have executed it for the purposes and consideration expressed therein. � �L+ Given my hand and seal of office this �� day of AD2i � � 2001. ��'�.P�a�•. PATRICIAAGARCIA _' �'1°�: NOTARY PUBLIC �N��f�; State of Texas '�,'� oF �'' Comm. Exp. 03-31-2005 � • Notary Public in and for the State of Texas � ��G� � GG�! � ��C�C��D �: ��C' ��` �C�Q�°� �,r�-�M � � (r�, ��r�1.H�Jy � �.___�.__.�, o State of Texas County of Tarrant. ACKNOWLEDGEMENT OF BILL OF SALE . Before me, the undersigned authority, on this day personally appeared Ralph Stangl, President of Woodvale Water, Inc., Seller, � , , known to me to be the persons whose names are subscribed to the foregoing Bill of Sale, and acknowledged to me that they have executed it for the purposes and consideration expressed therein. � 2001. Given my hand and seal of office this ��day of \`\ \ y �N�,N�E��uti„��//,/// ., q,Li : P • •''.� � P UB! . /l%� a Z:' tiP� � . � ; = u� : o �: p : _ � '� �'l�r �� : z ` " � X��S O� \\\; ��3 O . /��'''�o, � - 27 .2 0,,•�``� ''�inimnmm�u�ua�"\� � i, . , ,f , � � ! Notary Public in and for the State of Texas _ a !�_�_-_w__.., . . �.__.. .:__ � �= �- _� ;:, � . � ., j ��i��-��,��s ��(�rGUG�D ��-��'lf c�� G? � ° Q�l ^ �l I�� .R��ji�'1�irUy 11 � � i. �._ ...,,_...Rp,�,. City of Fo�t Worth, Texas A�ar At1d au�nc�l a�»�»un�cAt�an �� C C DATE REFERENCE NUMBER LOG NAME PAGE 2/13/01 �*p_9288 60STANGL 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND PURCHASE AGREEMENT FOR THE ACQUISITION OF WOODVALE WATER, INC. RECOMMENDATION: it is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Operating Fund in the amount of $41,000; and 2. Authorize the transfer of $41,000 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $41,000; and �' Authorize the City Manager to purchase Woodvale Water, Inc. for a sum of $41,000; and �� 5. Authorize the acceptance and recording of the appropriate instruments. DISCUSSION: Woodvale Water, Inc. is located within the City limits, just east of Mosque Point on Lake Worth. The system supplies approximately 43 Lake Worth lessees with well-water but provides no fire protection. The residents petitioned the Water Department for water service in accordance with �he existing customer extension policy. On October 24, 2000 (M&C C-18314), the City Council awarded a construction contract to Whizcon Utilities, Inc. for extension of a water main to serve this area. Completion of the main extension and transfer of the services will make the Lake Worth lessees eligible for the Lake Worth lease lot land sale program. This area is dually certified by the state to both the City of Fort Worth and Woodvale Water, Inc: (Certificate of Convenience and Necessity No. 12480). The Water Department has negotiated with Mr. Ralph B. Stangl, owner, to purchase the water system for $41,000. The purchase price includes the negotiated price for the system and payment of water impact fees for the existing meters. The City will retain $16,000 for the payment of impact fees. Woo.dvale.VVater, Inc. shall operate and maintain the system until construction of the water extension is complefe and the customers are served by Fort Worth. City of Fo�t Worth, Texas �1i�Ayar And aanc�l ai»mun�cAt�i�n C C DATE REFERENCE NUMBER LOG NAME PAGE 2/13/01 **p_9288 60STANGL 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND PURCHASE AGREEMENT FOR THE ACQUISITION OF WOODVALE WATER, INC. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Project Fund. MG:k Submitted for City Manager's Office by: Mike Groomer Originating Department Head: ( Dale Fisseler � Additional Information Contact: I Dale Fisseler 6140 8207 8207 FUND (to) 1) PE45 1) PE45 2&3) P160 3) P160 (from) 2) PE45 4) P160 ACCOUNT � CENTER I AMOUNT 444192 0601000 $41,000.00 538070 0609020 $41,000.00 472045 060160151230 $41,000.00 539120 060160151230 $41,000.00 538070 � 0609020 539120 060160151230 CI'I'Y SECRETARY APPRQv�o - c�rY ca�Nci� FEB 1$ 2001 $41,000.00 $41,000.00 � ��` C � F� �°j�aQ Adooted Ordinana� Nn ��LS/�