HomeMy WebLinkAboutContract 31790 CITY SECRETARY January 20,2005
`nNITRACT NO �
AGREEMENT BY AND BETWEEN
SUETRAK USA CO., INC., MAW RIVER'S EDGE, L.P., AND
THE CITY OF FORT WORTH
This agreement is entered into this s day of :j%e 2005, by and between
Suetrak USA Co., Inc., a Texas corporation ("Suetrak"), acting by and
through SiZLq A- its duly authorized L%y, (/j3 , MAW River's Edge,
LP, a TAX e-S limited partnership ("MAW") acting by and through
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rnla (t-i RY's F��c ,4 Cd'aly authorized general partner, and the City of Fort Worth, a Texas
home rule municipality ("City") acting by and through Marc Ott, its duly authorized Assistant
City Manager.
WHEREAS, Suetrak is the holder of Certificate of Convenience and Necessity ("CCN")
No. 11916 issued by the Texas Commission on Environmental Quality ("TCEQ") authorizing
the provision of potable water service within such CCN and is also the holder of CCN No. 20629
issued by TCEQ authorizing provision of wastewater service within such CCN;
WHEREAS, MAW has represented to Suetrak and City that it is the owner of an
approximately 213.34-acre tract of land north of S.H. 114 and approximately one mile west of
the intersection of S.H. 114 and FM 156, in Denton County, Texas, in the City's extraterritorial
jurisdiction, shown on Exhibit "A" and more particularly described in Exhibit "B" (the
"Property");
WHEREAS, the Property is located in water CCN No. 11916 and wastewater CCN No.
20629 held by Suetrak but not currently being served by Suetrak;
WHEREAS, MAW has petitioned City to annex the Property (Annexation Case AX-05-
001) and has submitted a request to zone the Property "A-5" One-Family and "PD/E" Planned
Development for certain commercial uses (ZC-04-336);
WHEREAS, MAW desires to have City provide potable water service and wastewater
service to the Property and City is amenable to providing such service upon compliance with the
terms of this agreement and annexation of the Property;
WHEREAS, City is capable of rendering adequate and continuous water and wastewater
service to the Property;
WHEREAS, subject to the terms and conditions set forth below, Suetrak is amenable to
cancellation of that portion of its wastewater CCN No. 20629 covering the Property and transfer
of that portion of its water CCN No. 11916 covering the Property to City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
1. In consideration of the payment of $10.00 and other good and valuable consideration,
Suetrak agrees to cooperate with and support City in City's filing of a reque rreI
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water CCN No. 11916 to be transferred to City. That portion of the CCN to be transferred
consists of 213.34 acres of land situated in the Guadalupe Cardinas Survey, Abstract 214,
Denton County, Texas, shown on Exhibit "A" and more particularly described in Exhibit `B",
identified above as the Property.
2. In consideration of the payment of $10.00 and other good and valuable consideration,
Suetrak agrees to cooperate with and support City in City's filing of a request that TCEQ cancel
its wastewater CCN No. 20629 for the Property as shown on Exhibit "A" and more particularly
described in Exhibit `B".
3. City shall be responsible for the preparation of all documents necessary to effectuate the
transfer to City of that portion of Suetrak's water CCN No. 11916 described in paragraph 1
above (the "Water Application") and the cancellation of that portion of Suetrak's wastewater
CCN 20629 described in paragraph 2 above (the "Wastewater Application"). Suetrak and MAW
agree to provide any consents, acknowledgments or other documentation necessary to obtain
TCEQ approval of the applications.
4. The City of Fort Worth shall be responsible for the payment of attorneys fees incurred by
City in connection with submittal of the Water Application and the Wastewater Application to
TCEQ in the amount of$1,600 and filing fees in the amount of$150. The city of Fort Worth
shall deliver a check payable to the City of Fort Worth in the amount of $1,750 to the City's
Water Department on or before March 1, 2005.
5. In the event the Fort Worth City Council approves MAW's petition to annex the
Property, City shall file the Water Application and the Wastewater Application with TCEQ
within 10 business days after approval of the annexation ordinance. In no event shall this
agreement be construed to be a waiver by City of any requirements, duties, or obligations
pursuant to City ordinances or state law. Nor shall this agreement be construed to guarantee a
favorable vote by the City Council on MAW's annexation and/or zoning petitions for the
Property. If the City Council denies MAW's annexation petition for the Property, City shall not
file the applications with TCEQ.
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 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.
C CITY OF FORT WORTH
RIVER'S EDGE,L.P.
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Page 2 of4
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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.
Facsimile signatures shall be deemed to be effective as original signatures.
10. In addition to the 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 hereby.
ATTEST: CITY F FO T WORTH
rn
a,+, A�fj" By.
Marty HendrA, City Secretary Marc O , Assistant City Manager
Appr ved as to Form and Legality L—W P
Contract rAuthoriaatioa—Lf
L5 Assist ity Attorney I °�
Date
ATTEST: SUETRAK USA CO., INC.,
a 7L`Vel corporation
By:
Corporate Secretary Ti 1/—/0
MAW RIVER'S EDGE, LP.
a Teo f limited partnership
/ yr�i�i•►s S�
11C
A By/hA�✓/f wo E.�j� , a its
general partner
By Lp//
Title: /�ti•►wft r
0HIC"1ll ROD
SUETRAK USA CO.,INC.,MAW RIVER'S EDGE,L.P. Y 4 „� �p �pq
AND CITY OF FORT WORTH C fT � g
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Project Case# 1 11
Proposed Map Legend Map References
iFort Worth ETJ 1 St Public Hearing
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Exhibit"B"
For a tract of land situated in the Guadalupe Cardinas Survey,Abstract 214 as located in
Denton County, Texas and being the same property described in a deed to Ferbro
Investments L.L.C. of record in County Clerk File No. 97-003605, said tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found in the existing north right of way line of State
Highway 114 and being the southwest corner of the herein described subject property;
THENCE: N 00 026'15" E passing a TxDot Aluminum Disk at 129.81 feet in all 2176.56
feet to a 1/2" (AW)capped iron rod set in the west line of the above referenced Ferbro
Investments tract and also being the intersection of the south line of the Atchison,
Topeka, and Santa Fe Railroad Company easement as recorded in Volume 0066, Page
0104, of the Deed Records, Denton County, Texas;
THENCE: Northeasterly along the south line of said easement as follows:
(1) N 45°00'06" E 1725.59 feet to a 1/2" (AW) capped iron rod set for an angle point in
said easement;
(2) N 44 059'54"W 50.00 feet to a 1/2" (AM capped iron rod set in a curve convex to the
north having a radius of 5654.65 feet;
(3) Northeasterly along said curve a distance of 1579.43 feet whose long chord bears N
52°43'32" E 1574.30 feet to a 1/2" (AM capped iron rod set for an angle point in the
south line of said easement;
(4) S 29°1630" E 25.00 feet to a 1/2" (AM capped iron rod set in a curve convex to the
north having a radius of 5629.65 feet;
(5) Northeasterly along said curve a distance of 248.85 feet to a 1/2" (AW) capped iron
rod set in the east boundary line of the the above referenced Ferbro Investments L.L.C.
tract whose long chord bears N-61059'29" E 248.83 feet;
THENCE: S 00°16'05"W 4578.58 feet to a 1/2" iron rod found in a curve convex to the
north and being the north right of way line of State Highway 114 having a radius of
3011.27 and a central angle of 11°31'02"said point also being the southeast comer of
the above referenced Ferbro Investments L.L.C. 320.521 acres tract and the herein
described subject property.
THENCE: Westerly along said curve a distance of 605.31 feet whose long chord bears N
83 030'08"W 604.29 feet to a 1/2" iron rod found in a monument for the end of said
curve;
THENCE: N 89°10'37"W 2064.50 feet along said north right-of-way to the Point of
Beginning of the herein described subject property and containing 213.3372 acres of
land
FT, OUN, TEX.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/10/2005
DATE: Tuesday, May 10, 2005
LOG NAME: 60SUETRAK USA REFERENCE NO.: **C-20719
SUBJECT:
Authorize Execution of an Agreement to Accept Transfer of Water Certificate of Convenience and
Necessity from Suetrak USA Co., Inc. for River's Edge Development Located Approximately One
Mile West of FM 156 and North of State Highway 114 and to Submit Applications to the Texas
Commission on Environmental Quality for the City to Provide Water and Wastewater Service to
River's Edge
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute:
1. An agreement with Suetrak USA Co., Inc. and MAW River's Edge, L.P. for the City to accept transfer
of the water Certificate of Convenience and Necessity (CCN) for the River's Edge development; and
2. Documents required to be filed with the Texas Commission on Environmental Quality for the transfer of
the water CCN to the City and cancellation of the wastewater CCN held by Suetrak USA Co., Inc., in order
for the City to provide water and wastewater service to the River's Edge development.
DISCUSSION:
River's Edge is a proposed 213.34-acre parcel located approximately one mile west of FM 156 and north of
State Highway 114. MAW River's Edge has submitted a petition requesting annexation of the parcel
(M&C PZ-2588).
Suetrak USA Co., Inc. is the holder of water Certificate of Convenience and Necessity (CCN) No.
11916 and Wastewater CCN No. 20629 issued by the Texas Commission on Environmental Quality
(TCEQ). The CCNs authorize Suetrak USA Co., Inc. to be the sole provider of potable water service and
wastewater service within the CCN areas.
CCN Nos. 11916 and 20629 include the River's Edge tract. Suetrak USA Co., Inc. and MAW River's Edge
have requested that the City accept transfer of the portion of water CCN No. 11916 covering the River's
Edge development. Further, Suetrak USA Co., Inc. has agreed to the cancellation of the portion of
wastewater CCN 20629 covering the River's Edge development, at the request of MAW River's Edge, in
order that the City can provide wastewater service to the development.
Approval of this Mayor and Council Communication will authorize the City Manager to execute the
agreement accepting transfer of a portion of water CCN 11916 for the River's Edge development. In
addition, the City Manager will be authorized to submit documents to the TCEQ for transfer of the water
CCN to the City and cancellation of the wastewater CCN for River's Edge. Upon approval by TCEQ, the
City will be authorized to provide water and wastewater service to the River's Edge development.
River's Edge is adjacent to City COUNCIL DISTRICT 2.
Louname: 60SUETRAK USA Pnue 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by. Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
Logname: 60SUETRAK USA Page 2 of 2