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
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Christa R. Lopez-Reynolds Alan Wayland
Sr. Assistant City Attorney City Attorney
Attest: a
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ddBy:4aftette S.Goodall(Jan 26,2022 O CST) �'+O °
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Jannette Goodall �� o° °o��
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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.
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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
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Exhibit 1 FORT WORTH /\
Proposed CCN Adjustments
Between the City of Fort Worth wnrex N
and the City of Everman
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12/15/2021