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HomeMy WebLinkAboutContract 32784 CITY SECRETARY CONTRACT NO. CONSENT TO ACQUISITION OF CERTIFICATE OF CONVENIENCE AND NECESSITY AND AGREEMENT REGARDING THE PROVISION OF TREATED WATER SERVICE WHEREAS, the City of Fort Worth holds Certificate of Convenience and Necessity ("CCN') No. 12311 issued by the Texas Water Commission authorizing the City of Fort Worth to provide treated water service within the limits of the CCN; and WHEREAS, the Bethesda Water Supply Corporation is the holder of CCN No. 10089 issued by the Texas Water Commission authorizing Bethesda Water Supply Corporation to provide treated water service within the limits of the CCN; and WHEREAS, the Tarrant County Fresh Water Supply District ("TCFWSD") is the holder of CCN No. 10092 authorizing it to provide treated water service within the city limits of the City of Fort Worth, as well as in the City's ETJ; and WHEREAS, on October 5, 1992, the City of Fort Worth and the Bethesda Water Supply Corporation entered into a contract, such contract being City of Fort Worth City Secretary Contract No. 19352 (the "Contract"), whereby the City of Fort Worth agreed to provided treated water service to a portion of Certificate of Convenience and Necessity No. 10089 ("CCN')held by Bethesda Water Supply Corporation; and WHEREAS, Bethesda Water Supply Corporation desires to obtain CCN No. 10092 currently held TCFWSD and has requested Fort Worth express its consent to Bethesda's acquisition of CCN No. 10092; and WHEREAS, section 10.1 of the Contract provides that Bethesda will not increase its service area within the City of Fort Worth's extraterritorial jurisdiction (`ETJ") without prior written consent of the City of Fort Worth. NOW, THEREFORE, KNOW ALL PARTIES: The city of Fort Worth, acting herein by and through Marc A. Ott, its duly authorized assistant city manager, hereinafter referred to as "City" and Bethesda Water Supply Corporation, acting herein by and through William J. Buford, its duly authorized Chairman of the Board, hereinafter referred to as BWSC, do hereby agree as follows: 114 14 My 1. The TCFWSD CCN No. 10092 includes 16 residences that are located within the City's corporate limits, as more particularly shows in Exhibit "A" attached hereto and made a part hereof. City hereby consents to BWSC acquiring CCN No. 10092 currently held by TCFWSD and to the associated increase in BWSC's service area as described in Contract No. 19352. 2. The TCFWSD CCN No. 10092 includes 16 residences that are located within the City's corporate limits as more particularly shown in Exhibit "A" attached hereto and made a part of hereof. The consent given in paragraph 1 above is given in consideration of BWSC's agreement, upon the request of City, to delete from CCN No. 10092 the residences depicted in Exhibit A and support the City's petition to amend CCN No. 12311. If Fort Worth requests that BWSC delete from CCN No. 10092 the residences depicted in Exhibit A, BWSC shall not be entitled to any compensation for the area so deleted. 3. Nothing contained herein shall ever be construed to authorize an increase in the Bethesda Water Supply Corporation service area other than as stated herein. Date this�—day of , 2005. O" HICIA WORD C ���REMY IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized. ATTEST: CITWao�- City ORTH By: Marty Hendrix Secretary Assistant City Manager Approval Recommended: Approved as to Form and Legality: Frank Crumb, P. E., Director Assist i Attorney Water Department ATTEST: BETHESDA WATER SUPPLY CORPORATION k By: lam, Secretary William J. Buford Chairman of the Board Contract authorization Date WON 1q NN :tlU e�G. EXHIBIT "All 11ds01�waterlgroupslgisVropdsWanning_enginearinglcapital_project developrnentioak_groveareabak_grove_handout.mxd(PO)1211012004 Oak Grove Area Water Service TO •Waterlines Tarrant Fresh Water Customers CFW Water Customers _ •� a Fort Worth City Limit l * T�" i7 x6, y r7r1 CFW CCN . i._ x 4 d v_„i.—. Y F3 ''�• _ _ "i ..' -"YN„yy,.-.".,..,wr„« +a F4 L • F5 E V. TC ; Tarrant County Fresh WaterCttston1prs. " a Parceil7ract�No. Owner,' And $„. 117"" ress tir Williams,JO F(June Strl resides) .06650 F � ! �.• "171 11A02 - Flaharty,,John A(Maryr t 4f99+�7;�`G J�d�1 �^ Nle°t5om TZ 11AGO% Stiles,Gene Raymbpd '.' 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