HomeMy WebLinkAboutContract 28430 r
CITY SECRETARY
CONTRACT NO.
AGREEMENT FOR THE PROVISION OF
TREATED WATER SERVICE TO RESIDENTS OF WATERCRESS DR.
Whereas, the City of Fort Worth desires to provide water service to
approximately thirty-eight (38) lots located along Watercress Dr. at Lake Worth,
hereinafter known as the "Development", such Development being located within
Fort Worth's Certificate of Convenience and Necessity No. 12311; and
Whereas, the City of Fort Worth currently does not presently have water
facilities in the area to provide treated water service to the Development; and
Whereas, the Town of Lakeside has a water system which currently
serves approximately 100 connections along Watercress Dr. that are all located
within the corporate limits of the City of Fort Worth, as identified in Exhibit "B"
attached hereto listing the current customers within Fort Worth's city limits being
served by Lakeside as of the date of this Agreement (the "Exhibit B Lots"), and
such water system can be extended to provide treated water service to the
Development; and
Whereas, the City of Fort Worth and the Town of Lakeside desire to enter
into an agreement to authorize the Town of Lakeside to act as the agent of the
City of Fort Worth to provide such treated water service to the Development, and
to further define the terms under which such authority is granted.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
This agreement is made this day of ffia; uti ,
2003, by and between the City of Fort Worth ("Fort Worth") and the Town of
Lakeside ("Lakeside") and the parties hereto do agree as follows:
1.
1.01 Lakeside is hereby appointed an agent of Fort Worth for the sole
purpose of providing water service to the Development described in Exhibit "A",
which is attached hereto and incorporated herein by reference, such Development
being located within Fort Worth's Certificate of Convenience and Necessity No.
12311; accordingly, this agreement does not authorize Lakeside to provide water
service to any other areas within the Fort Worth's CCN No 311, corporate limits
or extra-territorial jurisdiction of Fort Worth.
�t �i
1.02 The extension of water lines, together with any and all other facilities
necessary to provide water service to the Development shall be accomplished at
Fort Worth expense. Nothing contained herein shall ever be construed as requiring
Lakeside to extend its water lines at Lakeside expense to provide service to the
Development pursuant to this Agreement, and the decision to do so shall be in the
sole discretion of Lakeside.
1.03 Lakeside agrees to maintain that portion of its water system located
within the corporate limits or extra-territorial jurisdiction of Fort Worth in such a
condition so as not to create contamination of Lake Worth. Nothing contained
herein shall be construed as requiring Lakeside to maintain any line or facility or
water system not owned and operated by Lakeside.
1.04 The parties hereto agree that all water facilities constructed to serve
the Development and paid for by Fort Worth shall be operated and maintained by
Lakeside until Fort Worth connects its water system to such facilities, at which time
Fort Worth shall be responsible for the operation and maintenance of same.
Lakeside shall read the water meters and make all billings for water service it
provides, and shall retain revenue from such service as compensation for
performance of its obligations under this paragraph 1.04.
1.05 Impact fees will not be charged by Fort Worth when the
Development and the Exhibit B Lots are connected to the Fort Worth system.
1.06 This agreement is solely and exclusively for the benefit of the Fort
Worth and Lakeside and not for the benefit of any third party. Fort Worth and the
Lakeside agree that there are no third-party beneficiaries and each agrees that the
obligations in this Agreement are owed exclusively to the other party to the
Agreement. The Parties agree that this Agreement represents the entire and
integrated Agreement between Fort Worth and Lakeside, and supersedes all prior
negotiations, representations or agreements, either written or oral.
2.
2.01 The parties hereto acknowledge and understand that Fort Worth
intends to extend its water facilities in the future to serve the Development. At
Lakeside—Watercress
Treated Water Contract
Page 2 of 5
such time as Fort Worth facilities are extended to the Development, the parties
agree that Fort Worth will be the sole provider to the Development.
2.02 At the time that Fort Worth becomes the sole provider to the
Development, Lakeside shall not be entitled to any compensation of any nature for
the loss of any accounts, it being the parties' intent that Fort Worth shall provide
the water at such time as its facilities can be connected to the Development.
3.
This Agreement is a contract between retail public utilities designating
areas to be served and customers to be served by those retail public utilities
pursuant to Section 13.248 of the Texas Water Code ("Section 13.248"). The
Parties further agree that each of them may file a copy of this Agreement with
the TNRCC in support of applications and other filings provided for in, or
consistent with, this Agreement and may request that the TNRCC honor the
terms of this Agreement as a contract between retail public utilities pursuant to
Section 13.248.
4.
No provision contained in this agreement shall be construed so as to create
any type of partnership or joint venture between the parties hereto or create any
right in a third party.
5.
Fort Worth agrees that Lakeside ordinances, rules and policies related to
the provision of the utility service contemplated by this agreement shall apply to
customers within the Development for so long as service is provided from
Lakeside.
6.
This agreement shall be come effective when executed by both parties.
7.
No part of this agreement shall be construed as requiring Lakeside to
continuously furnish water service to the Development until such time as Fort
Worth provides such service. Lakeside may terminate the furnishing of water
Lakeside—Watercress
Treated Water Contract
Page 3 of 5
service to the Development upon giving ninety (90) days notice to its customers
within the Development and Fort Worth.
8.
This agreement is subject to applicable federal and state laws and any
applicable permits, amendments, orders or regulations of any state or federal
governmental authority having and asserting jurisdiction, but nothing contained
herein shall be construed as a waiver of any right to question or contest any such
law, rule or regulation in any forum having jurisdiction.
9.
It is agreed that in the event any term or provision contained herein is held
to be invalid by a court of competent jurisdiction, the invalidity of such term or
provision shall in no way affect any other term or provision herein; further, this
agreement shall then continue as if such invalid term or provision had not been
contained herein.
In testimony whereof, after proper action by the respective governing body
of the parties hereto, we have caused these presents to be executed in triplicate
copies, each of which is considered to be an original, and the seals of the
respective parties to be affixed on the date above written.
ATTE TOWN OF LAKESIDE
r
CI SECRET Y MAY R
APP V O F UTY--
TOWP ATTORNEY
1 \
A 6S T: Y F RT O
GLORIA PE AI SON _ f0ARC O
Contrac
t huthorization
Lakeside—Watercress
Treated Water Contract U, 1 U
Page 4 of 5 _
i
CITY SECRETARY ASSISTANT CITY MANAGER
APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED:
U�
ASS TA CIT TTORNEY DALE A. FISSE R, P. E.
DIRECTOR
Lakeside—Watercress
Treated Water Contract
Page 5 of 5
�. .e , .n�4 0 � �, �„ ccccccc cc tact»ccc�wccccoo a�,»,cicocccciccc! —
� v®0
�i a -
0
ova
covu5�0;.gf ��
v0$°'o✓Va�Qp��,y� v
n®a� p �: •
I POP
-
�.
LLJ IX ui ca 0:
�Ms���°d
ui
• .LL)I a b:
.
v
- .
1a� w
p` ®® r �So w • •
Im
al A
a
4b
± -
�1 v�
s
_ gat
0
o'er _
�dAeee®oo0
-
e00����
Exhibit `B'
6 File: LAKESIDEWATER LOTS WITH WATER 3/8/2002
2002103.XLS FROM TOWN OF LAKESIDE
Name Address Lot/Block I Phone No. Lot Status Water Service
Dills, Moria Queen Moria Boat) 7401 Watercress Or 1/16 238-9778 W
Lake Patrol Office(FW Marshal) 17500 Surfside Dr 2,3/16 238-909 W
NO WATER SERVICE 7559 Surfside Dr 7/16 No
Wooten, Ron &Barbara 17583 Surfside Dr 10AM 237-9917 SOLD W
Ballard,Tovin 17575 Surfside Dr 10B/16 238-8820 SOLD W
f eed, Charlotte J 7841 Jarvis Way 1/17 SOLD W
mock, Jo Ann 7833 Jarvis Wa 2/17 SOLD No
hnson, Bever) W. 7825 Jarvis Way 3/17 237-4797 SOLD W
elton 7817 Jarvis Wa 4&5R/17 SOLD W
pe, Carol 17801 Jarviw Way 6/17 1 SOLD W
Vacant 18225 Watercress Dr 8/17 237-3608 SOLD No
Vacant 8237 Lupine Cir 10/17 221-9019 SOLD No
NO WATER SERVICE 8253 Lupine.Cir 12117 SOLD No
Matheus, Tim 18261 Lupine Cir 13/17 123 7-4317 SOLD W
Boggs, Paul D. III&Susan 18265 Lupine Cir. 14/17 485-3336 wk SOLD W
Kirkland, Richard Jr 18269 Lupine Cir 15/17 237-3400 SOLD W
Draper,Jarrell A 18309 Lupine Cir 16/17 237-6649 SOLD W
Phillips, Weldon &J. Hainline 18313 Lupine Cir 17/17 238-8539 SOLD W
Vacant 18317 Lupine Cir 18/17 237-2455 SOLD No
Boucher,James 18321 Lupine Cir 19/17 237-7385 SOLD W
Estes, Mrs. T. C. 18305 Watercress Dr 24/17 237-2985 SOLD W
Brown,Toni W 18309 Watercress Dr 25/17 237-5541 SOLD W
Kearney, James J 18401 Island View Dr 26/17 1 SOLD W
P le, Larry&Nancy 18405 Island View Dr j 27/17 237-3525 SOLD W
Goodson, Ray Allen &Donna L 18409 Island View Dr 11 28/17 237-9471 SOLD W
Howard, Robert F 18413 Island View Dr 29/17 237-3544 SOLD W
Hall, Clinton Allan 18417 Island View Dr 30/17 237-0136 SOLD W
Williams, Bobby L 18421 Island View Dr 31/17 237-1773 W
Melanson, Mark 18429 Island View Dr 1 32/17 237-2520 SOLD W
Medford, Donelle 18437 Island View Dr 1 33/17 SOLD W
Baker, Columbus W 18351 Lupine Cir 36/17 237-1601 SOLD W
Cox, Larry&Fawn 1 8617 North Lake Dr 1/18 367-2258 SOLD W
Peterson, Mon D 8621 North Lake Dr 2/18 237-2909 W
Pruitt,Yvette 18625 North Lake Dr 3/18 SOLD W
Vacant 8629 North Lake Dr 4/18 SOLD No
Stellar,John F. II 18633 North Lake Dr 5/18 237-4105 No
Pierson, Charles David 18637 North Lake Dr 6/18 557-4136 SOLD W
Kirby, Paschal &Michelle 18641 North Lake Dr 7/18 SOLD W
Rogan,Jeremy&Caleena 18645 North Lake Dr 8/18 763-9387 W
Noyes, Gary 8701 Watercress Dr 9/18 237-6516 SOLD W
Zamarri a, Marion F 14078 Peninsula Club Cir 1/19 237-4167 W
Foster, Marie 14076 Peninsula Club Cir 2/19 SOLD W
Cunningham, Calvin C. & Dawn 14072 Peninsula Club Cir 3/19 237-6953 SOLD W
Estes,Thomas C 14056 Peninsula Club Cir 6/19 237-2338 SOLD W
Barrett,Thomas E 14052 Peninsula Club Cir 7/19 . 244-3309 SOLD W
Horton, Ralph C&Jessie 14048 Peninsula Club Cir 1 8/19 SOLD W
Hams, J. E. 14044.Peninsula Club Cir 9/19 237-6957 SOLD W
Pratt, Gerald & Betty 14032 Peninsula Club Cir 10/19 SOLD W
Harrington,Terry 4024 Peninsula Club Cir 11,12/19 W
Free,Alton 14016 Peninsula Club Cir 1 13/19 237-2186 SOLD W
Rodriguez, Kathryn Myatt&Eliz 4004 Peninsula Club Cir 14/19 237-1790 SOLD W
Wheelis,Jon W 4000 Peninsula Club Cir 15/19 237-1749 SOLD W
Blalack,A 14001 Peninsula Club Cir 16/19 237-4208 SOLD W
NO WATER SERVICE 4005 Peninsula Club Cir 17/19 SOLD No
Pagel
Exhibit 18,
File: LAKESIDEWATER LOTS WITH WATER 3/8/2002
2002103.XLS FROM TOWN OF LAKESIDE
Name Address Lot/Block I Phone No. Lot Status Water Service
Schmeltz, Paul J 4009 Peninsula Club Cir 18/19 972-247-7968 SOLD W
Matheus, Daniel C. &Kris 4017 Peninsula Club Cir 20/19 237-8252 SOLD W
Schooler, Bobette&Judy Porter 4021 Peninsula Club Cir 21/19 268-3110 SOLD W
NO WATER SERVICE 4025 Peninsula Club Cir 22/19 SOLD No
Rose,'Linda Gaye 4029 Peninsula Club Cir 23/19 SOLD W
Porter, Billie J 4037 Peninsula Club Cir 24/19 237-2403 SOLD W
Bird, J.C. 4045 Peninsula Club Cir 25/19 237-4212 SOLD W
Moore, Donald W 4049 Peninsula Club Cir 26/19 1 SOLD W
NO WATER SERVICE 4057 Peninsula Club Cir 27/19 504-886-7489. SOLD No
Miner, Carol Theresa 14065 Peninsula Club Cir 1 28/19 237-2430 SOLD W
Hall, Becky 14069 Peninsula Club Cir 1 29/19 237-4203 SOLD W
Steed,Jimmy&Jerrry L 4077 Peninsula Club Cir 1 30/19 237-1523 SOLD W
Guild, Gordon&Linda 4081 Peninsula Club Cir 1 31/19 1 SOLD W
Groom,Wendell&Linda 9105 Watercress Dr 1 1/20 237-8495 W
Fell-Blum, Cheryl&Scott Blum 9117 Watercress Dr 1 3/20 237-7158 SOLD W
Bowman, Gary&Mary 9121 Watercress Dr 4/20 441-6919 SOLD W
Underwood,Susan &Mark 9125 Watercress Dr 5/20 237-9315 SOLD W
NO WATER SERVICE 9129 Watercress Dr 6/20 237-9315 SOLD No
Patton, Richard 19137 Watercress Dr 1 7/20 238-8687 SOLD W
Hess,Verda J 19141 Watercress Dr 1 8/20 237-9635 SOLD W
Krieger,Alex&Ann 19145 Watercress Dr 1 96/20 237-5752 SOLD W
Ludwig, Lois&Melvyn L 91.53 Watercress Dr 10/20 237-4065 SOLD W
Haidusek,Al&Joann 9157 Watercress Dr 11/20 1 SOLD W
Durham, C. R. (Dick) 9161 Watercress Dr 12/20 237-7363 W
Adams, Billy M 9165 Watercress Dr 1 13/20 237-9630 SOLD W
Riedel, Karen S 9169 Watercress Dr 14/20 626-7464 SOLD W
NO WATER SERVICE 9201 Watercress Dr 15/20 921-6276 SOLD No
Gregory,James&Virginia 19205 Watercress Dr 16/20 1 SOLD W
Haley, Ella M 19209 Watercress Dr 1 17/20 237-1765 SOLD W
Ladoucer, Leo 19217 Watercress Dr 1 18/20 237-6158 W
Daugherty, A. J. 19221 Watercress Dr 1 19/20 237-5779 SOLD W
Lipka, Michael&Shari 9225 Watercress Dr 1 20/20 237-8031 SOLD W
City of Fort Worth(Vacant) 9229 Watercress Dr 21/20 W
Gammons, Mattie F 19233 Watercress Dr 22/20 237-4553 SOLD W
Gorman, Loretta 9237 Watercress Dr 23/20 1237-0093 SOLD W
Smith,Viola J. S. &Judson 9241 Watercress Dr 24R/20 237-1467 SOLD W
Maxwell, Gwendoynne 9301 Watercress Dr 25A/20 237-5112 W
NO WATER SERVICE 9305 Watercress Dr 25BR/20 SOLD No
Martin,Jeffery B. & Mary Ann 19309 Watercress Dr 26/20 SOLD W
Nuckols,Carol 19332 Watercress Dr 29,30/20 W
TOTAL LOTS SERVED=80 [as of 3-08-02]
NOTE:The names are from the Town of Lakeside as the name listed for the water account.
The name may or may not be the owner/Iessee of the lot
File: LAKES I DEWATER20021203.xls
Page 2
City of Fort Worth, Texas
A4ayor and Oosomeid 00moomsomicatiom
DATE REFERENCE NUMBER I LOG NAME PAGE
12/17/02 **C-19394 60LAKESIDE 1 of 1
SUBJECT AGREEMENT WITH THE TOWN OF LAKESIDE TO PROVIDE TREATED WATER
SERVICE TO RESIDENTS IN FORT WORTH NEAR LAKE WORTH ALONG
WATERCRESS DRIVE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with the
Town of Lakeside to provide treated water service to residents in Fort Worth near Lake Worth along
Watercress Drive.
DISCUSSION:
The Town of Lakeside (Lakeside) currently provides water service to approximately 100 customers
along the north shore of Lake Worth under a dual Certificate of Convenience and Necessity (CCN) with
the City of Fort Worth. The City wishes to provide treated water service to an area within the corporate
boundaries of Fort Worth and immediately adjacent to the area currently served by Lakeside. This
proposed agreement will authorize Lakeside to provide water service to an additional 38 customers
located outside the Lakeside CCN and within the city limits of Fort Worth. This isolated pocket of Fort
Worth abuts Tarrant County on the east and west, Lakeside on the north, and the waters of Lake Worth
on the south. As Lakeside already provides treated water service to a majority of the area, the most
economical solution at this time for provision of service is to extend the Lakeside water distribution
system.
After the installation of treated water service in this area, the lease lots may become eligible for sale in
the Lake Worth Lease Lot Sales Program as determined by the Engineering Department, which
manages the Lake Worth Lease Lot Sales Program.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this agreement will have no material affect on City funds.
MO:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 12/17/02
Additional Information Contact:
Dale Fisseler 8207