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HomeMy WebLinkAboutContract 40312AGREEMENT BY AND BETWEEN JOHNSON COUNTY SPECIAL UTILITY DISTRICT, CROWLEY INDEPENDENT SCHOOL DISTRICT, AND This agreement is entered into this day ofor .4 2010, by and between Johnson County Special Utility District, (` JCSUD") acting by and through'" I J VaVildo- f A its duly authorizedC3e,4e J A� , Crowley Independent chool Di trict ("District"), acting by and th gh its duly a uthorizedhk.Of/�, and the City of Fort Worth, a Texas home rule municipality ("City") acting by and through Fernando Costa, its duly authorized Assistant City Manager. WHEREAS, JCSUD is the holder of Certificate of Convenience and Necessity ("CCN") No. 10081 issued by the Texas Commission on Environmental Quality ("TCEQ") authorizing the provision of potable water servile within the territorial limits of such CCN; WHEREAS, the District has represented to JCSUD and the City that it is the legal owner of indefeasible title equitable owner of an approximately 34.36. acre tract of land in the northern part of JCSUD service area, in the City's extraterritorial jurisdiction, more particularly described in Exhibit "A" (the "Property") and shown on Exhibit "B" and; WHEREAS, the Property is located in CCN No.10081 held by JCSUD; WHEREAS, the District is constructing a new Agricultural Learning Facility on West Cleburne -Crowley Road which is within JCSUD's CCN; WHEREAS, JCSUD Board of Director's has by resolution attached as Exhibit "C", determined that providing water to the District for the Agricultural Learning Facility would be cost -prohibitive; WHEREAS, both JCSUD and the District desire and have requested the City to provide potable water service to the Property and the City is amenable to providing such service shown on Exhibit "D" and Exhibit "E"s WHEREAS, the City is capable of rendering adequate and continuous service to the Property; and WHEREAS, subject to the terms and conditions set forth below, JCSUD is amenable to transferring that portion of its CCN No. 10081 for the Property to the City. 06-10-10 A10:03 IN Iu OFFICIAL REC4Ra CITY SECRET�� }� FT. WORTH, T)t NOW, THN EREFORE, KNOW ALL BY THESE PRESENTS: 1. In and for the consideration stated below, JCSUD agrees to allow a portion of its CCN No. 10081 to be transferred to the City. That portion of the CCN to be transferred consists of approximately 34.36 acres of land situated in the Antonio Fernandez Survey, Abstract No. 506, Johnson County, Texas, more particularly described in Exhibit "A" shown on Exhibit "B". 2. District agrees to pay JCSUD the one-time sum of fifty-five thousand seven hundred twenty-five dollars and no cents ($55,725.00) as consideration for the transfer of the CCN. District shall deposit the payment in escrow within fifteen (15) days from the date this agreement is executed pursuant to an escrow agreement in form and content mutually acceptable to the parties. District shall make payment in full to JCSUD no more than 365 days from the execution of this agreement or at least three (3) business days prior to the date established for approval by the Executive Director of the TCEQ of the CCN transfer described in paragraph 1 above, whichever occurs first. The City shall have no obligations, duties or liabilities associated with this payment. Furthermore, the City shall have no obligations, duties or liabilities regarding the approval or timing of the CCN transfer, except those expressly set forth in paragraph 3 of this Agreement. 3. The City shall be responsible for the preparation and filing of all documents with the TCEQ necessary to effectuate the transfer to the City of that portion of JCSUD's CCN No. 10081 described in paragraph 1 above (the "Application"). District shall notify the City in writing of the deposit of the escrow payment pursuant to paragraph 2. Thereafter, the City shall prepare and arrange for the filing of the Application. JCSUD agrees to expeditiously cooperate with the City in the preparation and execution of all required documents and to support the Application. 4. In no event shall this agreement be construed to be (i) a waiver by the City of any requirements, duties, or obligations of the parties or a developer pursuant to City Ordinance or the rules and regulations promulgated by the City, or (ii) any agreement with the City regarding or affecting annexation of the Property. 5. The District and JCSUD agree that it shall execute all necessary documents for the transfer of the CCN to the City; and further agree that District and JCSUD shall make all reasonable and necessary action to support the transfer of the CCN to the City. 6. This agreement shall be governed and construed in accordance with the laws of the State of Texas, as it applies to contracts performed within the State of Texas without regard to any choice of law rules or principals to the contrary. The parties acknowledge that this agreement is performable in Tarrant County, and hereby submit to the jurisdiction of the courts of that county, and hereby agree that any such court shall be a proper forum 9 for the determination of any dispute arising hereunder. 7. The parties hereto agree that the designation under this agreement of areas and customers to be provided water service is valid and enforceable and may be submitted to the TCEQ for approval at the appropriate time pursuant to Section 13.248 of the Texas Water Code regarding contracts designating areas to be served by retail public utilities. 8. Each signatory hereto represents that such person has full right, title and authority to enter into this agreement and to bind the party such signatory represents. 9. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. 10. In addition to the foregoing acts recited in this agreement to be performed by the parties, each party agrees to perform or cause to be performed any and all such further acts as may be reasonably necessary to consummate the transactions contemplated above. CITY OF FORT WORTH Fernando Cos�av ��„ jD�jO Assistant City Manager RECOMMENDED BY: Frank Crumb, P.E. Water Director ' -ntract Authorization • P i G� Christa Reynolds Sr. Assistant City Attorney OFFICIAL RECORa CITY SECRETARY FT. WORTH, TX 11 Attest: Marty Hendrix City Secretary JOHNSON COUNTY SPECIAL IJ lI IILITY DISTRICT APPROVED AS TO FORM AND LEGALITY Attest: By: iq Attorney CROWLEY INDEPENDENT SCHOOL DISTRICT APPR'.OVED AS TO FORM AND LEGALITY By: Attorney Attest: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX j EXHIBIT A PROPERTY DESCRIPTION OFFICJAL RECORD CIT?(SECRETARX FT. WORTH, Tic N FORTWORTH Crowley ISD w E WAS Agricultural Facility .S. �J�y �;,' NlgpER OCEAN O z �yJ ti � a G g w < 2 U z O O W m RISINGER 2 = R/SINGER IJ— m O D z D Z D Z 0 e_ Z O �Cl -1 O ti ARDENWOOD rn Z � W q O °o o v � R�eq o a - o CAYMAN Q G LL Q > f w N CROWLEY CLEBURNE Y tv a j LEED� - - z w JJ I ! 11576R4FORD Z W r MCPHERSON 4qua IeXas ligc C7 U U CATTLE DRIVE p EIKHgRT z Z J 1231 T STEWART FELTZ 10 _ 1 RANCHOVERDEQ 1 TWINLEAF I POSADA dity ofF0rt'V rth CCN ; FOGATA ; AZUU 12311 I WINNERS ]NE '-fQ U1.1 ID �I C�LEBU ROUNDTREE 11 _ > ANDREW RACE I. W ►G) CLEBURNE CROWLEY F SKELLY W w ID Subject Fi D CIND MAIN ARCH Qm z W 1 z � ,c ;+ohnson county SUG property w c9 Y o 1� 10081 (4ty of gto�up CCN J; LONGHORN _ W BUS F M 1187 tl� 1098 C> > w W O�� �Z O rn WILLIAMSON COLT w Q 1 m g ' HWY 1187 z F Al LL w ; -,,4 RD 1187 z J 0� 1) HAMPTON F BOXWOOD co z z } O OXTA/� RIVERBED 10081 w o uJ � J = U 2 00 �7 W w DARTFORD 9 (s moRFELD Q ® c� w Tq z 20 Z of o� FLOYD HAMPTON QQ U -----------------------�AMARo------------�-------- Legend I— Q jli (! �i l�) fr_ �`Q CCN Boundary W'o �— ^ Fort Worth City Limit 1 J o 0 11500 31000 4,500 61000 Feet NAD_1983_SlalePlane_Texas_North_Central_FIPS_4202_Feet 1 inch equals 3000 feet "EXHIBIT A" Description A strip of land situated in the Antonio Fernandez Survey, Abstract No. 506, Tarrant County, Texas, being a portion of a tract of land conveyed to Crowley Independent School District (Crowley ISD) by deed recorded as Instrument No. D206044642 of said Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a corner from which a 1 /2 inch iron rod with cap stamped "Landes & Assoc." found bears North 00012'40" East at 186.00' for the northwest comer of said (Crowley ISD), said point being on the south right-of-way line of County Road No. 1082, also known as Cleburne Crowley Road (a variable width right-of-way; THENCE South 00°12'40" West, with the east line of said Crowley ISD tract, a distance of 1134.00 feet to a 1/2 inch iron rod with cap stamped "Landes & Assoc." found at the southwest comer of said Crowley ISD tract; THENCE North 89°49'20" West, with the south line of said Crowley ISD tract, a distance of 1320,00 feet to a 1/2 inch iron rod with cap stamped "Landes & Assoc." found at the southwest corner of same; THENCE North 00°12'40" East, with the west line of said Crowley ISD tract, a distance of 1134.00 feet from which a 1/2 inch iron rod with cap stamped "Landes & Assoc." found for the northwest comer of same bears North 00'1240" West at 186.00 feet, said point being on the south right-of-way line of County Road No. 1082; THENCE South 89049120" East, a distance of 1320 feet to the POINT OF BEGINNING and containing 34.36 acres of land, more or less. Bearings are based on record bearings per deed for the Crowley lSD, recorded as Instrument No. D206044642, D.R. T.C.T. See Exhibit B for sketch. DATE; January 12, 2010 ky L Gentry iVTexas Registration No, 5519 G RICKY 1. GENTRY ���~SURi�{� EXHIBIT B MAP OF THE PROPERTY EXHIBIT "B" 0 150 300 600 SCALE: 1" = 300' ,10 eETTSY . D206 HA� tNSTRC.T.34 D.R.TC.T, Qr7t CRDMIEY 272 JpNT 4EM7URE V01.VAlE D*R,T, PACE 1596 D.R.L6T. E roRTSON CO, CCN WDRTH ccx S �49�8� ,� � 132Q.00' _ APPROXIMATE Locnnox/y® 4 8 34.36 ACRES 8� W �r > o ¢ r CR IVLEYSCHOOL INDEPENDENT T ,� z ❑ p SCHDDL DISTRICT p INSTR. Nm Dfi42 D* �. R,T.CIT, Z D.C.T. iX NOTES: 1. bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). 2. Integral paps of this survey. o. legal Description b. Sketch icy L. entry, R.P.L.S. Texas Registrotion No. 5519 January 12, 2010 Date: sEWEti raan.r FARTxERSHiR gym. MSTR ND. 0206044fi39 D.R.T.0.T. 34.36 ACRES OF LAND Situated in ANTONJO FERNANDEZ ABSTRACT, No. 506 in the City of Crowley, Texas 'I Tarrant County, Texas �"' Civil Engineering � Surveying � J/VC. 1100 Macon Street, .rvhihlt— Wnfer.dwn (B 17 L/!�V©l�litK, Landscape Architecture � Planning Fort Worth, TX 76102 SHEET 2 OF 2 EXHIBIT C JCSU RESOLUTION f RESOLUTION DETERMINING NEED AND AUTHORIZING NEGOTIATIONS AND ACTIONS PERTAINING TO TRANSFERRING OWNERSHIP AND CONTROL OF A PORTION OF THE JOHNSON COUNTY SPECIAL UTILITY DISTRICT'S CERTIFICATE OF CONVENIENCE AND NECESSITY AREA WHEREAS, Crowley Independent School District is constructing a new Agricultural Learning Facility on West Cleburne -Crowley Road; and WHEREAS, the location of the new Agricultural Learning Facility is within Johnson County Special Utility District's Certificate of Convenience and Necessity area; and WHEREAS, required upgrades to existing water facilities owned and operated by Johnson County Special Utility District to provide compliance for Crowley Independent School District fire protection criteria would be cost -prohibitive and; WHEREAS, constructing an extension from an existing water line owned and operated by the City of Fort Worth remains the only feasible alternative to serve the new Agricultural Learning Facility within time and financial constraints presently obtaining; and WHEREAS, serving the new Agricultural Learning Facility with water awned by the City of Fort Worth within Johnson County Special Utility District's Certificate of Convenience and Necessity area is prohibited by the spirit, intent and purpose of Johnson County Special Utility District's Certificate of Convenience and Necessity and; WHEREAS, serving the new Agricultural Learning Facility with water owned by the City of Fort Worth will require Johnson County Special Utility District to relinquish statutory control of that portion of Johnson County Special Utility District's Certificate of Convenience and Necessity area where the new Agricultural Learning Facility is located to the City of Fort Worth. NOW THEREFORE BE IT RESOLVED that Johnson County Special Utility District hereby officially determines that there is a public necessity for adequate water facilities to be made available to the new Agricultural Learning Facility. IT IS FURTHER RESOLVED that Terry Kelley, as General Manager or his designee is hereby authorized and directed to examine the issues pertaining to the transfer of a portion of Johnson County Special Utility District's Certificate of Convenience and Necessity area where the new Agricultural Learning Facility is located to the City of Fort Worth. IT IS FURTHER RESOLVED that the General Manager or his designee is hereby authorized and directed to nego#late on behalf of Johnson County Special Utility District for fair and just compensation from Crowley Independent School District for the transfer of a portion of Johnson County Special Utility District's Certificate of Convenience and Necessity area where the new Agricultural Learning Facility is located to the City of Fort Worth. IT IS FURTHER RESOLVED that Terry Kelley, as General Manager, be and is hereby authorized to execute all documents necessary to effect a transfer of ownership and control of that portion of Johnson County Special Utility District's Certificate of Convenience and Necessity area where the new Agricultural Learning Facility is located to the City of Fort Worth. IT IS FURTHER RESOLVED that this resolution shall take effect immediately from and after its passage. ADOPTED by the Board of Directors of Johnson County Special Utility District On 3anuarq 19 , 2010. ATTEST: Secretary Pr sident F_J EXHIBIT D JCSUD LETTER o: Special Ttialz'41 and Service since 1965" Mr. Frank Crumb, P.E. Director, Water Department City of Fort Worth 1000 Thrcckmorton St. Fort Worth, TX. 76102 Dear Frank, E� . LF ! jJ t< February 19, 2010 The purpose of this letter is to help fulfill requirements to relinquish statutory control of a portion of Johnson County Special Utility District's Certificate of Convenience and Necessity area to the City of Fort Worth where the new Crowley Independent School District Agricultural Learning Facility will be located. These requirements were passed along to the District by Ms. Wendy Chi-Babulal, P.E. of your department in November of 2009. The area is approximately 34.36 acres in area and is located adjacent to Johnson County Road 1018, in the far northern part of the Johnson County Special Utility District's service area. The attached survey exhibit contains more detailed information on the affected portion of our Certificate of Convenience and Necessity area. Also attached is a page from our system map showing our closest existing facilities in the area and a copy of a resolution approved by the Johnson County Special Utility District's Board of Directors in the regular meeting on January 19, 2010. The resolution makes clear that the Board of Directors recognize the need for adequate potable water to be made available to the new school facility, and authorizes and directs the General Manager of Johnson County Special Utility District to negotiate for just and fair compensation for relinquishing statutory control of the affected area with Crowley Independent School District. The Board of Directors avers that all costs required to successfully effect the transfer are the responsibility of others. Those costs include but are not limited to surveys, legal and other fees, human resources, compilation of submittals to State agencies or other entities, transportation, lodging, bonds or insurance. No other customers of Johnson County Special Utility District will be affected by the transfer. Johnson County Special Utility District has no objection to relinquishing statutory control of that part of its Certificate of Convenience and Necessity area to the City of Fort Worth and waives all right to object to the transfer. If you have any questions regarding this matter, please call or email me at your convenience. Sincerely Yours, John M. Sewell, P.E. District Engineer Johnson County Special Utility District 827-760-5224 jsewell@jcsud.com encl. 2849 liwy. 17I South • P.O. Box 5Q9 Cleburne, TX 76Ci33-+J5ii9 (8I7) 760-5200 Fix (817} 760-5238 EXHIBIT E DISTRICT LETTER February 22, 2010 FEB 2 3 2010 Mr. Frank Crumb, P,E. Water Director Fort Worth V<<ater Department I000 Throcktnorton Street Fort Worth, Texas 76102 Re: �1�'ater Service to Crowley LS.D. Agricultural &Science Facility Dear Mr. Crumb, Johnson CounjSpecial Utility District (JCSUD) currently owns the Certificates for Convenience and Necessity (CCN) for the property owned by Crowley I.S.D. As shown on the attached exhibit, this is a 0-acre tract of land, all of which is located within the boundaries of Fort Worth E.T.J; approximately 34.7-acres of the tract lie within the CCN of Johnson County. The District. is currently constructing an educational facility that «rill serve as their new agricultural science center. JCSUD does not have any water mains in the vicittity of this new facility and JCSUD's nearest water lines are not adequate to serve this site. The City of Fort Worth has an existing 365' waterline that runs along the east side of this site. The ability for the school to tap on to the City system will provide both domestic and fire protection for the school facility. By making the CCN transfer to Fort Worth, this will enable the CISD to extend a 12" water line from the existing Southside CII 36'water main that runs along the east property line of the subject CISD tract. The extension of this proposed Q water litre will be along the south side of W. Crowley -Cleburne Road and is all within the existing CCN of the Fort Worth. Based on information provided by JCSUD it is understood that there is a fee the District must pay to JCSUD in `exchange for the tt-anstEr of the CCN. That fee. is calculated based ot� a 3'r water meter which equates to $55,725. Based on out• meeting with JCSUD on December 14, CISD agrees to make payment of this one time fee to JCSUD as a requirement to transfer this CCN. I2 Peach Sheet • C'ro�c let • rckas • 7bU36 817.297.*1800 •Phone 817?97S�US • Fas We understand that the City w°°ill charge C(SD a 12� rate far water. C1SD acknowledges and agrees to this rate charge. Please accept this letter as our agreement to the terms as we request the transfer of the CCN to the City of Foil Worth. Sincerely, hector of Business Services Crowley Independent School District � 12 Peacl� Strec:i • Cro�ale�• l-exas • 76Q36 8l?.297.5$0€) •Phone 817.297-58U5 •Fax M� � Review Page 1 of 2 CITY COUNCIL AGENDA DATE: CODE: SUBJECT COUNCIL ACTION: Approved on 5/18/2010 5/18/2010 REFERENCE NO.: C-24224 LOG NAME: Official site of the City of Fort Worth, Texas FORT ��OR'f FI -��- 60JCSUD CCN TRANSFER NON- PUBLIC C TYPE: CONSENT HEARING: NO Authorize the Execution of an Agreement for the Transfer of Part of the Water Certificate of Convenience and Necessity No. 10081 from Johnson County Special Utility District to the City to Serve the Crowley Independent School District and Authorize the Submission of an Application for Transfer to the Texas Commission on Environmental Quality (ETJ COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with Johnson County Special Utility District and Crowley Independent School District and the City for the transfer of part of the Water Certificate of Convenience and Necessity No. 10081 to the City to serve the Crowley Independent School District; and 2. Authorize the City Manager to execute the documents to be filed with the Texas Commission on Environmental Quality for the transfer of the Water Certificate of Convenience and Necessity to the City held by Johnson County Special Utility District, in order for the City to provide water service to the Crowley Independent School District Agricultural Facility Located at 1800 Cleburne Crowley Road. DISCUSSION: Crowley Independent School District (ISD) owns a 34.36-acre parcel of land on which it wishes to construct a new Agricultural Learning Facility located at 1800 Cleburne Crowley Road. Such land is currently within the Johnson County Special Utility District (JCSUD) Certificate of Convenience and Necessity (CCN) No. 10081 as issued by the Texas Commission on Environmental Quality (TCEQ) as well as the City's extraterritorial jurisdiction. The CCN authorizes JCSUD to be the sole provider of potable water service within the CCN areas. JCSUD cannot feasibly provide water service to Crowley ISD for the new facility and therefore both parties have requested that the City accept transfer of the portion of water CCN No. 10081 covering the Crowley ISD Agricultural Facility development. The only cost that the City shall bear for such transfer is the cost of application and filing for the transfer with the TCEQ. Such agreement is being made pursuant to Section 13.248 of the Texas Water Code. Approval of this Mayor and Council Communication will authorize the City Manager to execute the agreement accepting transfer of a portion of water CCN No. 10081 for the Crowley ISD Agricultural Facility development. In addition, the City Manager will be authorized to submit documents to the TCEQ for transfer of the water CCN to the City for the Crowley ISD Agricultural Facility. Upon approval by TCEQ, the City will be authorized to provide water service to the Crowley ISD Agricultural Facility. The Crowley ISD Agricultural Facility is located in the City's ETJ, adjacent to City COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council�acket/mc review.asp?ID=13396&councildate=5/18/2010 OS/19/2010 M� `��' Review Page 2 of 2 The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 1800 Cleburne Crowley legal description.pdf Crowley ISD Agricultural Facility_pdf FROM Fund/Account/Centers Fernando Costa (6122) S. Frank Crumb (8207) Soon Wong (8369) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=133 96&councildate=5/18/2010 OS/19/2010