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HomeMy WebLinkAboutContract 54117 CSC No. 54117 RECEIVEp JUL ' '2020 CITY AGREEMENT BY AND BETWEEN " OrFOR7WC)RTy JOHNSON COUNTY SPECIAL UTILITY DISTRICT, ETARy CROWLEY INDEPENDENT SCHOOL DISTRICT, AND THE CITY OF FORT WORTH This Agreement is entered into this 14th day of MAY, 2020, by and between Johnson County Special Utility District, ("JCSUD") acting by and through Peter Kampfer, its duly authorized General Manager, Crowley Independent School District ("District"), acting by and through its duly authorized Executive Director of Finance, and the City of Fort Worth, a Texas home rule municipality ("City") acting by and through Dana Burghdoff, 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 service 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 service area, in the City's extraterritorial jurisdiction, more particularly described in Exhibit "A" and shown on Exhibit "B"; WHEREAS, the District has represented to JCSUD and the City that it is the legal owner of indefeasible title equitable owner of an approximately 54.92-acre tract of land in the northern part of service area, in the City's extraterritorial jurisdiction, more particularly described in Exhibit "A-1" and shown on Exhibit "B-1 WHEREAS, the Property is located in CCN No. 10081 held by JCSUD; WHEREAS, the District is constructing a new Career and Technical Education Center on Longhorn Trail which is within JCSUD's CCN; WHEREAS, JCSUD Board of Director's has by resolution attached as Exhibit "C" and Exhibit "C-11', determined that providing water to the District is for the Career and Technical Education Center 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", Exhibit "D-1", Exhibit "E" and Exhibit "E-1"; WHEREAS, the City is capable of rendering adequate and continuous service to the Property; and i 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. ®FFMAL RECORD CITY SECRETARY FT WORTH,T E NOW, THEREFORE, 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, Tarrant County, Texas, more particularly described in Exhibit "A" and shown on Exhibit "B" and 54.92 acres of land situated in the Antonio Fernandez Survey, Abstract No. 506, Tarrant County, Texas, more particularly described in Exhibit "A-1" and shown on Exhibit "13-1". 2. District has paid to JCSUD the one-time sum of fifty-five thousand seven hundred twenty-five dollars and no cents ($55,725.00) and an additional one-time sum of forty-one thousand three hundred thirty-two dollars and no cents ($41,332.00) as consideration for the transfer of the CCN. 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 PUC 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 a developer pursuant to City Ordinance or the rules and regulations promulgated thereunder, 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 the 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 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 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. 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 Dan.Owzh&ff(Jul 7,20WYx29C" Jul 7, 2020 Dana Burghdoff Assistant City Manager RECOMMENDED BY: �u-ccEvafctr Har�7tr �..emu. Christopher Rardw(Jul 7,20201A9BCOT) FORT' Chris Harder,P.E. Water Director 1 Jk. APPROVED AS TO FORM AND LEGALITY Attest: clhrkta R ///� { A' Chrisla O.Cap Arp sjoul,"1014:11 COT) 't , 7i�X• Christa R.Lopez-Reynolds Mary Kayser Sr. Assistant City Attorney City Secretary 1 OFFICIAL RECORD CITY SECRETARY FT.r WORTH,TX 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. Al� Signature V I S HAL S"-,-p Name ofBmployee Title r AL RECORD ECRETARY ORTIi'I JOHNSON COUNTY SPECIAL UTILITY DISTRICT IP"16Y(WA Pc r 'am f General Stan 'ter hest: �,�.►�, DANACOLLIER +°,• Notary Public • • STATE OF TEXAS Notary 1rYI0 ���7 I31': r CRO�VLEY INDEPE ENT SCHOOL DISTRICT Leon FikA Ewcutive-11irector of Finance Attest: By: CAT'HERINE MONTALVO NOTARYPUBUC •®• STATE OF TEXAS MY COMM.EXP.9/18/2021 NOTARY ID#12956312-2 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHIBIT A PROPERTY DESCRIPTION i- "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 comer from which a 112 Inch iron rod with cap stamped 'Landes&Assoc."found bears North 00°12'40'East at 186.00'for the northwest comer of said(Crowley ISD),said point being on the south right-of-way Ilne of County Road No 1082,also known as Clebume Crowley Road(a variable width nght-of-way, THENCE South 00*12'40*West,with the east line of sald Crowley ISD tract,a distance of 1134.00 feet to a 112 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 comer 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 112 inch iron rod with cap stamped 'Landes$Assoc.`found for the northwest comer of same bears North 0012 40- West at 186.00 feet, said point being on the south right-of-way line of County Road No 1082; THENCE South 89°49'20"East, a distance of 1320 feet to the POINT OF BEGINNING and containing 34,36 acres of land, more or less Beanngs are based on record beanngs per deed for the Crowley ISD, recorded as Instrument No 0205044642, D R T C T See Exhibit B for sketch. DATE.January 12,2010 oiky L Gentry,R.P.L. Texas Registration No 5519 OF 1!, � �Tt�Fah �l 1� �o KICKY L. GENTRY q 5519 -1 �~8uR EXHIBIT A-1 PROPERTY DESCRIPTION "EXHIBIT A-1" PROPERTY DESCRIPTION Being 54.692 acres of land situated in the Antonio Fernandez Survey,Abstract No.506,Tarrant County, Texas,being a portion of a called 94.92 acre tract of land conveyed to the Sewell Family Partnership, LTD.,a Texas limited partnership,by a correction deed recorded in Instrument No. D206044639,Deed Records of Tarrant County,Texas(D.R.T.C.T.);and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped"Landes&Assoc."found at the southeast corner of a tract of land conveyed to Crowley Independent School District(Crowley ISD)by deed recorded in Instrument No.D206044642 D.R.T.C.T.,said point being on the east line of said Sewell tract and the west line of a tract of land conveyed to Crowley 96,LLC by a correction deed recorded in Instrument #D208023740,D.R.T.C.T.; THENCE S 00023'39" E,along the common line of said Sewell tract and said Crowley 96 tract,a distance of 938.43 feet to a 1/2 inch iron rod found on the north right-of-way(R-O-W)line of Longhorn Trail(FM 1081),at the southeast corner of said Sewell tract,also being the southwest corner of said Crowley 96 tract; THENCE S 89°58'16"W,along the common line of said Sewell tract and said R-O-W line,a distance of 1831.51 feet to a 5/8 inch iron rod found at the southwest corner of said Sewell tract(called 94.92 acre tract),on the east line of the remainder of a tract of land(Tract 1)conveyed to the Sewell Family Partnership,LTD.,a Texas limited partnership,by deed recorded in Instrument No.D206044638, D.R.T.C.T.; THENCE N 00°23'39"W,along the common line of said 94.92 acre tract and said Tract 1,a distance of 2245.81 feet to a 5/8 inch iron rod with cap stamped"TNP"set on the south R-O-W line of West Cleburne Crowley Road (County Road No.1082),at the northwest corner of said 94.92 acre tract,also being the northeast corner of said remainder of Tract 1; THENCE N 89°34'32" E,along the north line of said 94.92 acre tract,the existing south R-O-W line of said West Cleburne Crowley Road and the north line of a R-O-W easement conveyed to Tarrant County(for said road),recorded in Instrument#D209315195,D.R.T.C.T.,a distance of 511.55 feet to a Mag nail set at the northwest corner of said Crowley ISD tract; THENCE leaving said road,along the common line of said 94.92 acre tract and said Crowley ISD tract the following courses and distances: S 00°23'39" E,a distance of 1320.02 feet to a 1/2 inch iron rod with cap stamped"Landes& Assoc"found at the northeast re-entrant corner of said 94.92 acre tract,also being the southwest corner of said Crowley ISD tract; N 89°34'32" E,a distance of 1319.93 feet to the POINT OF BEGINNING and containing 54.692 acres of land. EXHIBIT B MAP OF THE PROPERTY EXHIBff D u i D ISO 300 Boo SCALE 1" = 300' uMC A Knit MAW TOM emR.Onsms»tns. MUD in Aen.arum "I QT tOLWr IM1.PACs 15" DATCT 'a� � el�uer rDln e{eTM 09� t i T .lam.i • • • AMeDMATT LOCAZ"� 34.36 ACRES $ R * � 8 atoltv "ato a n = aRTCT do- N W49'20' W 132D.OW � IEVM rAn1 PARTNU V,TD no]D2010"iu DATCT NOTES 1 Beoringe ore Gaeed on the Teaaa State Plane Coordinate System. North Centro] Zone (NAD133) 34r36 ACRES OF LAND 2 intoWol ports of thin survey, Situated In a Lego] Description e Sketch ANTONIO FERNANDEZ ABSTRACT, No. 506 in the City of Crowley, Texas or f y Tarrant Count Texas �'X1'rt+ ++ idl y L ntry, R P.LS r� fie. T ' Registration No 5519 RICKY L.GENTRY January 12, 2010 t �0 5519e�.�o Date rug JOB N0, QQ 06269 NMLAM Civil Engineering I Surveying I Landscape Architecture 1 Planning_ //VC. 1100 Macon Street, Fort Worth, TX 76102 L ao.c n c m -e 17 336-5773 SHEET 2 OF 2 EXHIBIT B-1 MAP OF THE PROPERTY "EXHIBIT B-V COUNTY ROAD 10e2 11E87'Q,®UH27E ceD�r ROAD � - ..iL w...x..a wwrio. A �� j. CR p SpFyBY .ai�ai: pe*N Na Sp6 ,.a ^N�pNIp A'st. ��im �•�r a'.r eoB Y • I • . I Y Y •�...W 2--•-Y-3- x • %YI P 31..92 AC STf(11 fY. [o�v¢owW/•Irtt P 0 ... nc ion w � LON�2HOHN iFt6H. I ."..Os..u�ewel�~.•ti•..w`1T4.1�I..I...�+YM.�Wr"..�Y.. a lao' :oo °i.�w. r.�wrl.�iurw•�.."..a�re•.�.,.sa�..:o[.ci...�.Yw... ..y+.rr+r_uc.r.�e�.r.w..w..r o.p 4.+.La•u. DYa[.tns��wFww`ir1�•..r.YO.w•MnI.Y....IC1Y....10•..•. ♦,w.. �� k.n�lYu rM ..r�� "... I....i.ryml.r.rwYr.rrrn.wnlw �y3••n•.M i.`.+I+T�YY.�a r»� loaf 1�O7..Tf1•.w.•.�.�IW.r/MrW N..F..r,�/.u•ll1.w.Y1.�.. Wlrrwu..�M.."f�.0 Yip.Wi..�1.1 LONaaoHN ttuD. �',:��.,'•�,,b�".�:.�:.;�.:::w�..��R�.� :.-,w �_�w•ryr•�••••S���wwr�'� .�•p...XCLL.0in1=+.Y.WM4.w►tw.W.MwW BMW w.OwwO.Mll... �•� DLp�Y.Y.... r_l� h.�"Iw.11Y.au�6DW rr�l.,0i�.•u......•.rM..r�YW<ypli•s ODW_4.(Mi.Y�C I.��I.w� qu..lti`.11�� �••»••Y.,I�.M��MYrMC.nws.wWM.•�...I•.Y�...�M .Cu..wW.•rnn>•. ..v2.1.LN/���w.w•S.r��r��r1r2.........wrw..•.... IIY,.r•�.�.Yrlwr3.rl.Wr•�...p.'11.......f. .. ...N.r.....YWI•W.i..a ♦N�.I..T••r"vi�l...ra M.YY[.Iw.YD31Nww•afO�.�..l.r.�Y i..n..a MY[Y CJ xnn s paWn. �• U.692 ACRES OF LAND EXHIBIT C JCSUD RESOLUTION 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 Count) 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 owned 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 Leaming 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 die 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 Leaming 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 Ciq of Fort Worth IT IS FURT HER RESOLVED that the General Manager or his designee is hereby authonzed and directed to negotiate 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 Count} Special Utility District's Certificate of Convenience and Necessity area where the new Agricultural Learning Facility is located to the Cit) of Fort Worth I 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 January 19 ,2010. ATTEST: .�✓ tea,-... Secretary ident 2 EXHIBIT C-1 JCSUD RESOLUTION 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 Career and Technical Education Center on West Cleburne-Crowley Road;and WHEREAS, the location of the new Career and Technical Education Center 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 Career and Technical Education Center within time and financial constraints presently obtaining;and WHEREAS, serving the new Career and Technical Education Center with water owned 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 ofConvenience and Necessity;and WHEREAS, serving the new Career and Technical Education Center with water owned by the City of Foil 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 Career and Technical Education Center is located. Fort Worth will make application with the PUC to amend the CCN's. 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 Career and Technical Education Center. IT IS FURTHER RESOLVED that Terry Kelley, as General Manager or his designee is hereby authorized to manage 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 Career and Technical Education Center is located. IT 1S FURTHER RESOLVED that the General Manager orhis designee is hereby authorized and directed to negotiate on behalf of Johnson County Special Utility District for fair and just compensation from Crowley Independent School District for the transfer of a portion ofJohnson County Special Utility District's Certificate of Convenience and Necessity area where the new Career and Technical Education Center is located. 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 Career and Technical Education Center is located. 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 this date of August 21, 2018, ATTEST: Secrelary-Treasurer Presid a I J EXHIBIT D JCSUD LETTER Johnson County Special Utility District 'Quality and Service since 1965" p�� I) d ` C I�l MAR 0 1 2 010 Mr.Frank Crumb,P,E UI I Director,Water Department 8 City of Fort worth f 1000 Throckmorton St. Fort Worth,TX 76102 February 19,2010 Dear Frank, 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 817-760-5224 Isewell@jcsud com enci 2849 liwy 17 1 South • P 0 Box 501) • C-lebui ne TX 76033-0509 (81 7) 760-5200 - Fax (817) 760 5238 EXHIBIT D-1 JCSUD LETTER Johnson County Special Utility District "Quality and Service since 1965" Mr.Chris Harden,P.E. Director,Water Department City of Fort Worth 1000 Throckmorton St. Fort Worth,TX.76102 March 26,2020 Dear Chris, 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 Career and Technical Education Center will be located. The area is approximately 54.92 acres in area and is located adjacent to Longhorn Trail,in the far northern part of the Johnson County Special Utility District's service area.The attached exhibit contains more detailed information on the affected portion of our Certificate of Convenience and Necessity area, The signed 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 authorized and directed 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, a�� &Zzt�� Dana Collier System Development Manager Johnson County Special Utility District 817-760-5226 dcollier@jcsud.com encl. 740 FM 3048 • P.O.Box 1390 • Joshua,TX 76058 EXHIBIT E DISTRICT LETTER Gnat ► Great Regards Facility evelopment CROWLEY INDEPENDENT SCHOOL DIMICT Februan 22, 2010 Q �� �� FEB 2 8 zo10 Mr 1 rank Crumb, R1 g i Water Director Forl Worth Water Department 1000 I hrockinorton Street Fart Worth, 7 e\as 76102 Re. N%titer Seri Ice to Cro++lei I ti 1) Agricultural & Science I acilils Dear Mr. ('rumb, Johnbrnl Coun1N Special Utility District (.ICSUI)) cur-retal) o++ns the Certificates Cur (on+enience and Necessi(.� (CC'N) For the propert) omied bN Cro++Ie1 VS D As shows on the attached e\hihit, (his is a 40-acre lracl of land, all of ++hick is located within the houndarics of Fun "orth I I J. appi-mitnatel) 34 7-acre,,of the tract lie++ithin the( CN of Johnson Comm I he District is currently constructing an educational tadhlN that ++ill sere as their ne%% agricultural ,cience center JCS('D does not lure um ++tiler mains in the +icinil'y of-(his nc++ lacilit% wed JCSUU•s uearesl water lines are not adequate to sere this site the Cit+ of Fun Worth has mt existing 16" ++aterline that runs along the cast side of this site. I he ahilin for(he school (o tup on to the ( itN s\sicm ++ill prrn idc both domestic and lire protection for the u hool IaeiliiN 13) making the('CN transfer to I ort Worth, this ++ill enable the CISD to emend a 12' ++ater line Irom the emsting 5ou(hside III 36• ++atei main that runs along the cast proper(\ line of the ,uhjecl C•ISD tract I he exicnsion of(his proposed 12" ++aler line ++ill he along the south side of W Crowle\-Cleburne Road and i,all++►thin the crosting(CN of the I ort Worth Lased oil mfolmauon pin+ided h\ J( Y 11) it i% undennuod that there r, a lee the Disirict muss pa} to JC'S('D in'exchauge For the transfer of the ( ( N I hat lee 1,calutlatc(I hatred on a 1.. ++ater meter ++itch cquale, to ' 55,72i Based on om meeting ++iih XSI11) on Dccemher 14. C 11D agrees to make pm ilicnl of Ibis one Itnie fee to JUS('D a,a requirement In transfer lim (CN i 12 PCAII tilrcCt•l rouic+ I C\as•7h010 X17 397,5M)•Phime 91', 297 SNg5•I a+ Out W Great Rewards Facilityev l® meet CROWLEY MDEPENDENT SMOOL DMICT i We understand that the City will charge CISD a 1.25 rate for water. CISD acknowledges and agrees to this rate charge. Please accept this letter as our agreement to the terms as we request the transfer of the C`CN to the City of Fort Worth. Sincerely, xecutive irector of Business Services Crowley Independent School District 112 Penth liimet•!`m%%Icy - 1emrtw•7t4116 81 7.297 5800•I'lione 817,297 5805•I'ax EXHIBIT E-1 DISTRICT LETTER August 15,20183 SEP Dana Collier 5 zt18 System Development Coordinator Johnson County Special Utility District 2849 S. Highway 171 Cleburne,Texas 76031-0769 Re: CCN Transfer for Crowley I.S.D.54-Acre Tract Dear Ms.Collier, As mentioned in previous correspondence with Johnson County Special Utility District (JCSUD), Crowley I.S.D. (CISD) has a 54-acre tract of land, all of which is located within the boundaries of Fort Worth E.T.J.and within the CCN of JCSUD. Currently, CISD has an agricultural and science facility located north of the subject property, in the City of Fort Worth CCN,and planning to construct a Career&Technology Education Center(CTE) on the 54-acre tract. This facility will need both fire protection and potable water. CISD is in agreement to facilitate the transfer of the CCN rights for the 54 —acre tract to the City of Fort Worth. Based on information provided by JCSUD it is understood that there is a cost the District must pay to JCSUD in exchange for the transfer of the CCN. That cost is calculated based on the peak water flow demands for the CTE facility, which equates to$41,332. CISD agrees to make payment of this one-time cost to JCSUD as a requirement to transfer the CCN. Please accept this letter as our agreement to the payment and terms described above in order for the CCN associated with the 54-acre tract to be transferred to the City of Fort Worth. Sincerely, "-Pf wayn ones Executive Director of Business Services Crowley Independent School District