Loading...
HomeMy WebLinkAboutContract 57037 Jan 26, 2022 CSC No. 57037 City of Fort Worth and City of Everman Agreement for a CCN Boundary Adjustment and Provision of Water WHEREAS, the City of Everman is the holder of Certificate of Convenience and Necessity No. 10074, authorizing it to provide treated water service within the identified service area; and WHEREAS, the City of Fort Worth is the holder of Certificate of Convenience and Necessity No. 12311, authorizing it to provide treated water service within the identified service area; and WHEREAS, certain Property as shown in Exhibit 1, lies within the boundaries of both cities' Certificate of Convenience Necessity(CCN) and the owner of such Property has requested treated water service; and WHEREAS, the cities each have areas of CCN within each other's incorporated limits; and WHEREAS, the cities both wish to allow for the provision of treated water service to the Property by the other for those areas within the other's CCN service area but within their own incorporated city limits pursuant to Section 13.248 of the Texas Water Code and agree to seek an amendment to their respective CCN from the Public Utility Commission(PUC) as stated herein. NOW,THEREFORE, the City of Everman, hereinafter referred to as Everman, acting herein by and through C. W. Spencer, its duly authorized City Manager, and the City of Fort Worth, hereinafter referred to as Fort Worth, acting herein by and through Dana Burghdoff, its duly authorized Assistant City Manager, do hereby agree as follows: I. By mutual consent, Everman and Fort Worth hereby agree to amend their CCN in order that each city can provide treated water service to property located within each's own respective corporate city limits as shown in Exhibit 1 as follows: 1. Dual CCN Service Areas shown in Exhibit 1 as A, and B; Everman CCN will fully decertify from these areas. 2. Everman CCN Service Areas shown in Exhibit 1 as C, D, E, F, and G will be transferred to Fort Worth and incorporated into Fort Worth's CCN. 2. Fort Worth CCN Areas H and J as shown in Exhibit 1 will be transferred to Everman and incorporated into Everman's CCN. 3. Fort Worth will submit the application to the PUC on behalf of Everman to amend the areas shown in Exhibit 1. OFFICIAL RECORD CCN AGREEMENTCOFWEVERMAN CRL121421 CITY SECRETARY FT.WORTH, TX II. The cities agree to allow for the provision of treated water by the other for those areas within the other's CCN service area but within their own incorporated city limits. The cities 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 PUC 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. III. The cities agree to cooperate in good faith in achieving formal resolution of the CCN amendment applications before the PUC and hereby consents to the decertification as service areas within their CCN as stated herein. IV. No provision or term contained in this agreement shall be construed to create any type of partnership or joint venture between the parties hereto, nor shall same create any rights or liabilities except as stated herein. V. This agreement is subject to all applicable federal and state laws and any applicable permits, amendments, orders or regulations of any state or federal government authority having or asserting jurisdiction. VI. In addition to any other remedy as may be provided by law, this agreement shall be specifically enforceable by the parties hereto. Venue for any action shall lie in Tarrant County, Texas. This agreement shall be effective on the date signed by the City Fort Worth City Secretary. City of Fort Worth City of Everman bay BAGcd By:Dana Burghdoff( n 25,20 11:58 CST) By: Dana Burghdoff Craig Spencer Assistant City Manager City Manager Date: Approval Recommended: Attest: By:Chris Harder(Jan 25,2022 11:54 CST) By: CCN AGREEMENTCOFWEVERMAN CRL121421 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Christopher Harder, P.E. Mindi Parks Fort Worth Water Department Director City Secretary e-Date: Approved as to Form and Legality Approved as to Form and Legality CA-g,44 By;Christa R. o -Reynolds(Jan 24 2022 07:50 CST) By: 41 Zgi� Christa R. Lopez-Reynolds Alan Wayland Sr. Assistant City Attorney City Attorney Attest: a S OR ,CYo °F0o 4° G9A'° P �a&�a� ~ $a4id� ddBy:4aftette S.Goodall(Jan 26,2022 O CST) �'+O ° V ° o° d Jannette Goodall �� o° °o�� 000 City Secretary ���nEXASaA Date; Jan 26, 2022 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. l M410fi k By:Wendy Chi- abulal(Jan 25,202211:16 CST) Name: Wendy Chi-Babulal Title:Assistant Director CCN AGREEMENTCOFWEVERMAN CRL121421 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX EXHIBIT 1 CCN AGREEMENTCOFWEVERMAN CRL121421 ZJAMEw OWN GpggV��-�pNE a !,,I,KIWOOD QG VALLEY FORGE ALTAMESA •F rest i I I R w YOKTO o w WN x J AUTUMN'R1N' '""L"ObKOUT `Sq O m F ¢ U 9` AUTUMN LEq J BU BLINKER HILL �FM r_a O Y y a LL 3: O �JP HERITAGE RONAY _ z z O G (j S ••F—"_ '_ —'•o U 00/F •vQ •• ' o of APPOMATOX UJ Op z w JAMv m S 3 C MERRIMAC x w NO w [CHALMETTE •�••= Q O LONSTEVENSON o JOEL EAST =�� �..�.. .�..� •� z u, CO y 2z �� PETERSON 0 Y O O 02 LL <Fqy O BONAyENTURE a pp CS`yR9 z U �'SO E BIRDSONG CLEARFIELD D O, 2 ROYALU L CREST Q p a OWN BELL EVANGELINE HANNA RANCH G KING y O LEE E WISTERIA NOBLE z COLUMBINE c7 a O z TRAMMELL H a erma ENON Q O G = W SUNBURST '� U ? ~ BARRON ANGELA V\Nv\VLE I VAUGHN O a - E. < JOHNSON MBERS CREEK ! N ', m2� NEILL N EDNA VADEN EVERMAN EDNA p g0N KELLEY 1 a P`LI Qv OR)' ;O W CD RI TIE ��U RMl<( it O P ) O j m N = w x W W O '¢ SHELBY ,.. ,-----.,a•,I- ai � w � O BEACON CRIX AFFIRMED—p FORUM 0 m CTOWNLEY w SELSHIRE W B w w pY z a OAK GROVE SHE BY J o Rend ABBOTT CITY OF FORT WORTH CHIVALRY Dual_CCN_Everman Fully Decertify Area Transfer_Everman_CCN_to_CF W_CC N KINGS GLEN IM w Transfer_CFW_CCN_to_Everman_CCN U BUFFALO SPRINGS GPS�V�R\GGE PECANTREE WHI e Adjacent City CFW City Limit /a<;r---1 Exhibit 1 FORT WORTH /\ Proposed CCN Adjustments Between the City of Fort Worth wnrex N and the City of Everman _ ' o z000 40Q0 12/15/2021