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Home My WebLink AboutContract 36113 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH SITE ACCESS AND ENVIRONMENTAL GROUNDWATER WELL INSPECTION AND PLUGGING AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This AGREEMENT is entered into by and between Terry Benton, owner/legal agent of a groundwater well(s) located at 418 NE 22nd Street, Fort Worth, TX., being duly authorized to provide access to such groundwater well ("GRANTOR"), and the City of Fort Worth, a home-rule municipality located within Tarrant County, Texas, acting through Libby Watson, its duly authorized assistant city manager("GRANTEE"). WHEREAS, The City made an applicant to the Texas Commission on Environmental Quality ("TCEQ") for a Municipal Setting Designation (MSD) known as the Trinity Uptown MSD (CFW-MSD-0007) to aid the District with environmental issues; WHEREAS, as a part of TCEQ's approval process the City is required to inspect and certify that groundwater wells located within the Trinity Uptown MSD are not allowing the shallow groundwater to flow to deeper usable groundwater sources; and WHEREAS, on September 11, 2007, the City Council gave its approval to conduct inspection and plugging of groundwater wells located within the Trinity Uptown MSD. NOW, THEREFORE, the parties hereto agree as follows: 1. The property that is the subject of this Agreement is located at 418 NE 22nd Street, Fort Worth, Texas; and has a legal description: Ellis, M G Addition, Blk 178 Lts 5 Thru 18 & Cl St On E 2. The GRANTOR does hereby certify GRANTOR's authority to and does hereby grant and convey upon GRANTEE, its officers, employees, and contractors, access to, across, and upon the following described property of the GRANTOR, for the purposes set out below. A. The inspection of groundwater well(s) and surrounding property; B. The plugging of the groundwater well upon determination by the City that plugging is necessary; and C. Other actions deemed necessary by GRANTEE related to the investigation of the groundwater well conditions. 3. The GRANTOR retains, reserves, and shall continue to enjoy the use of the surface of such property for any and all purposes which do not interfere with or prevent the use of the property by GRANTEE for the purposes herein described. ...... .� rI 111;1. ,� • City of Fort Worth ' agE I of 3 Site Access Agreement and Inspection and Plugging '' J V L r CRL09.13.07v4 _...� 4. The GRANTOR covenants that it will not convey conflicting rights within the area covered by this grant. 5. The access, rights, and privileges herein granted shall commence upon execution of this agreement by both parties and shall remain in effect until the completion of the inspection and plugging activities, but not later than ninety(90) days from the Date of Commencement, by which time the inspection and plugging should be complete. If additional time is needed to complete the inspection and plugging, the parties shall attempt in good faith to negotiate an extension. 6. Any notice required by this agreement shall be sent as follows: If to GRANTEE: Michael Gange Assistant Director Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102 817-392-6569 Michael.Gange@fortworthgov.org If to GRANTOR: Terry Benton 2032 N. Commerce Street Fort Worth, Texas 76164 7. Nothing in this agreement shall imply or expressly bestow on the GRANTEE any ownership rights, responsibilities or liabilities which belong to the GRANTOR by all applicable laws. 8. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. City of Fort Worth Page 2 of 3 Site Access Agreement and Inspection and Plugging CRL09.13.07v4 IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. GRANTEE GRANT CITY OF FORT WORTH By: By ,��ray z - 42d D� Libby Wa " (print name) Assistant City Manager Date: ��' � -0 Date: /u° �' °7 ........... ATTEST: WITNESS: Jo� s Marty Hendr (print name) City Secretary AFI'ROVIED AS TO FORM AND LEGALITY: Christa R` Lopez Assistant City Attorney &— lft'�— Cor.trac'- Authoriaatioll . -I L Date City of Fort Worth v l Page 3 of 3 Site Access Agreement and Inspection and Plugging CRL09.13.07v4 L J`JP'v V�.Ja Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication WeiikM:'..' /in"gfsR�'a9,; .S" ..5iJ,IfJ -'dL'rX' "�'" `,..ui n.... f�,T,'5 ::?ifillcaa"'','a..'.`k"/1 b .,.a.:ft.e..m..kev ..'.t#'r.' �,p//'H'uN7 33 /iu"ffl•. •5..3vi .R"..YA}..,36s3;"ai,¢ COUNCIL ACTION: Approved on 9/11/2007 - Ord. No. 17766-09-2007 /b5Fa3t'..�nc� iiGW !�;H% ,. ',....' 3Jflil:3:HU5,�.',:n)r,.R:FR&fhS;SS:Y.3.,kR::..I.fTM�v;..hYrb x•1":3i3Y333. ^.3,,3vb w8;}e;333 :aIH} S':: ..,.. min,.,.:: ..,..,...«., DATE: Tuesday, September 11, 2007 LOG NAME: 52TRNTYUPTWNWEL REFERENCE NO.: G-15866 SUBJECT: Approval to Conduct Inspection and Plugging of Groundwater Wells Located within the Trinity Uptown Municipal Setting Designation (CFW-MSD-0007) and the Transfer of Funds to Provide for Such Services and Adopt Appropriation Ordinance 3'Pt1 "..' Ciib5 .,, _..;1'&Yl'3t"}.�m ��g,;_�.:� P-o2`,,,;M:.:: ;u�i+"lib/,Y//.9'..,n NU3'3.e.::.lt.�3 aa_.::3ri�RR �r,✓d�///.T...ib'2 v .:6< .',r: 2A.}5.,,,r../,?. n..tv....: RECOMMENDATION: It is recommended that the City Council: 1. Approve the inspection and plugging of groundwater wells located within the Trinity Uptown Municipal Setting Designation (CFW-MSD-0007); 2. Approve the transfer of $50,000 in undesignated funds in the Environmental Management Operating Fund (R103) to the Environmental Management Project Fund (R101); and 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Environmental Management Project Fund by$50,000. DISCUSSION: On July 18, 2006, (M&C C-21563) City Council approved an Interlocal Agreement with the Tarrant Regional Water District for the City's provision of environmental services to the District for public purposes relating to the Trinity Uptown Project. Under the terms of this agreement, the City will act as the applicant and the receiver of a Municipal Setting Designation (MSD) for the entire project to aid the District with remediation. The MSD application has been approved by the City of Fort Worth and has been filed with the Texas Commission on Environmental Quality (TCEQ), where it is undergoing review. As a part of TCEQ's approval process the City of Fort Worth will be required to inspect and certify that wells located within the Trinity Uptown MSD are not allowing the shallow groundwater to flow to deeper usable groundwater sources. At the end of the inspection process the groundwater wells existing within the Trinity Uptown MSD will either be properly plugged and abandoned or have had a thorough inspection and certification prepared. The City will enter into agreements with the private property owners whose property has a groundwater well to allow for such inspection and if necessary plugging at no cost to the owner. On October 3, 2006, (M&C G-15436), $27,000 was appropriated for this purpose. As of August 2, 2007, $20,159 of this appropriation remains. An additional $50,000 is being requested for the purpose of either properly inspecting, certifying and/or plugging the wells located within the Trinity Uptown Municipal Setting Designation (MSD). http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/30/2007 Page 2 of 2 FISCAL INFORMATIONXERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Environmental Management Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers R101 494100 052200615000 $50,000.00 R103 538070 0521100 $50,000.00 R101 539120 052200615000 $50,000.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Brian Boerner(6647) Additional Information Contact: Michael Gange (6569) http://www.c�wnet.org/council_packet/Reports/mc_print.asp 10/30/2007