HomeMy WebLinkAboutContract 59826CSC No. 59826
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE CITY OF HURST
FOR DUAL CCN CERTIFICATION
This INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between
the City of Fort Worth ("Fort Worth"), a home -rule municipal corporation of the State of Texas, acting
by and through its duly authorized Assistant City Manager, and the City of Hurst ("Hurst"), a home -rule
municipal corporation of the State of Texas, acting though its duly authorized representative. Fort Worth
and Hmst are referred to herein collectively as the "Cities."
WHEREAS, The City of Hurst is the holder of Certificate of Convenience and Necessity No.
10104, authorizing it to provide water service with a specific service area; and
WHEREAS, the City ofFort Worth is the holder of Certificate of Convenience and Necessity No.
12311, authorizing it to provide water service within a specific service area; and
WHEREAS, the Cities intend to dually -certificate a portion of the Certificate of Convenience and
Necessity ("CCN") belonging to Hurst so that the City of Fort Worth may provide water service in that
cetiain area as depicted in Exhibit "A"; and
WHEREAS, pursuant to Section 13.248 ofthe Texas Water Code, the Cities wish to enter into this
Agreement allowing dual -certification and the provision of water service by Fort Worth within Hurst's
CCN; and
WHEREAS, with the consent of Hurst, Fort Worth filed an application with the Public Utility
Commission of Texas ("PUC") on May 25, 2023, seeking to dually -certificate a portion of Hurst's CCN,
PUC Control No. 55045 ("Application"); and
WHEREAS, the Cities wish to collaborate to ensure that all of the approvals necessary to
effectuate this Agreement are obtained from the PUC; and
WHEREAS, Chapter 791 of the Texas Government Code, the "Interlocal Cooperation Act,"
authorizes local government entities to enter into interlocal contracts for governmental purposes; and
WHEREAS, each party, in performing governmental functions or in funding the performance of
governmental functions, shall make that performance or those payments from current revenues legally
available to that party: and
WHEREAS, each party finds that the performance ofthis Agreement is in the common interest of
the parties, that the undeliaking will benefit the public interest and that the division of costs fairly
compensates the performing party for the services or functions under this Agreement;
NOW, THEREFORE, for and in consideration o f the covenants and conditions contained herein,
Fort Worth and Hurst do hereby agree as follows:
Interlocal Agreement Between City of Fort Worth and the City of Hurst Pagel of 6
for Dual CCN Certification
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1.
Dual Certification
A. The Cities hereby agree to amend their respective CCNs to allow for dual certification by Hurst
and Fort Worth within the area depicted in Exhibit "A", which is attached hereto and incorporated herein
by reference,
B. The Cities agree the area depicted in Exhibit "A" that is proposed for dual certification is 1.11
acres.
2.
PUC Approval
A. The Cities agree that the designation under this Agreement of areas and customers to be
provided water service is valid and enforceable and shall be submitted to the PUC pursuant to Section
13.248 of the Texas Water Code, which allows for contracts designating areas to be served by retail
public utilities.
B. The Cities agree to cooperate in good faith in achieving formal resolution of the Application
pending before the PUC,
3.
Water Service
A. Upon approval by the PUC, Hurst hereby agrees to allow the provision of water service by Fort
Worth within the dually -certificated area depicted in Exhibit "A
B. The Cities agree Fort Worth will be the primary provider of waster service within the dually -
certificated area depicted in Exhibit "A."
C. Hurst shall obtain written consent from the Fort Wortli Water Department Director prior to
providing water service within the dually -certificated area depicted in Exhibit "A."
4.
Partnership and Joint Venture
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.
5.
State and Federal Laws
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.
6.
Applicable Law; Venue
interlocal Agreement Betweetz City of Tort Worth and the City of Hus•st Page 2 of 6
for Dual CCN Certification
This Agreement shall be construed under and in accordance with Texas law, Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
7.
Non -Waiver
The failure of Fort Worth or Hurst to insist upon the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of Fort Worth's or Hurst's right to assert or rely on any such term or right on any future occasion,
8.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, neither Fort Worth nor Hurst, waive or
surrender any of their respective governmental powers or immunities.
9.
Pleadings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision ofthis Agreement.
10.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any court
of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining
provisions hereof. _
11.
Review of Counsel
The Cities, and if they so choose, their attorneys, have had the opportunity to review and comment,
on this document; therefore any rule of contract construction or interpretation that would normally call for
the document to be interpreted as against the drafting party shall not apply in interpretation of this
Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the
basis of the language contained therein, regardless of who authored such language.
12.
Amendment
No amendment, modification, or alteration of the terns of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date Hereof, and duly executed by the Cities.
13.
Assignment and Successors
Neither Thirst or Fort Worth shall assign or subcontract all or any part of its rights, privileges, or
duties under this Agreement without the prior written consent of the other City. Any attempted assignment
Interlocal Agreement Between City of Fort Worth and the City of Hurst Page 3 of G
for Dual CCN Certification
or subcontract without the other City's prior written approval shall be void and constitute a breach of this
Agreement.
14,
No Third -Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the Cities, and any
lawful assigns or successors, and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
15.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
16.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the Cities concerning the work to be performed hereunder, and any prior or
contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void.
17.
Effective Date
This Agreement shall be effective on the date it is -idly executed by the Cities.
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)nterlocal Agreeuient Between City of fort Worth and the City of Hurst Page 4 of 6
for Dual CCN Certification
IN WITNESS WHEREOF, Fort Worth and Hurst have each executed this Agreement by their
duly authorized signatories.
CITY OF FORT WORTH
MW&anagger
Dana Burghd
Assistant City
Date: 7/Z I l 2,3
Recommended by:
Christopher Harder, P.E.
Fort Worth Water Director
Approved as to Form & Legality:
0t•4 �Q ix.vtiL Pts.�
Assistant City Attorney
M&C No. �,)� ►ar
Date:
Form 1295: ' N�
ATTEST:
enette Goodall
Secretary
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.
CITY OF HURST
Name: C1ay(Car hers
Title: City IV4a ager
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Date:
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OFFICIAL RECORD
Name: Matt Kusnir
CITY SECRETARY
Title: Engineering Manager, Planning
FT. WORTH, TX
Interlocal Agreement Between City of Fort Worth and the City of Hurst Page 5 of 6
for Dual CCN Certification
EXHIBIT "A"
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Dual CCN Request,Area i
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CITY OF FORT WORD H
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'r Dual CCN_RPc�uest_ArP�t
y rj Adjacent City
Railroad
.;`";t CFW City Limit
Large Scale Map I'UR'I i'�ri1R PH
Proposed Dual CCN
between the City of Fort Worth `.n,rl]; N
(Water CCN No. 12311)
and the City of Hurst
Or �J2.
Interlocal Agreement Between City of Fort Worth and the City of Hurst Page 6 of 6
for Dual CCN Certification