HomeMy WebLinkAboutContract 20505-DC1CSC No. 11260-DCI and 20505-DC1
CITY OF FORT WORTH AND BENBROOK WATER AUTHORITY
AGREEMENT TO DECERTIFY A PORTION OF
BENBROOK WATER AUTHORITY'S CCN
AND AMEND FORT WORTH'S CCN
WHEREAS, the Benbrook Water Authority is the holder of Certificate of Convenience
and Necessity ("CCN") No. 11260 and 20505, 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, the City of Fort Worth and the City of Benbrook ("Benbrook") entered into
a Joint Ordinance and Boundary Agreement ("Boundary Agreement") in 2014, identified as City
of Fort Worth Ordinance No. 21482-09-2014 and City of Benbrook Ordinance No. 1376, which
adjusted the boundary between the City of Fort Worth and Benbrook for twelve areas; and
WHEREAS, as part of the Boundary Agreement, Benbrook relinquished 14.79 acres
from the area commonly known as the Park Ridge Stables ("Parcel"), from its corporate limits to
the City of Fort Worth; and
WHEREAS, the boundary of the Parcel added to Fort Worth's corporate boundaries
terminates at Highway 377's east right-of-way; and
WHEREAS, Benbrook Water Authority's water CCN No. 11260 terminates at Highway
377's center line; and
WHEREAS, the City of Fort Worth and Benbrook Water Authority wish to include the
area between the Highway 377 center line and east right-of-way in the City of Fort Worth's CCN
in addition to the Parcel in the area to be decertified from Benbrook Water Authority's CCN and
added to City's CCN; and
WHEREAS, the total area to be decertified from Benbrook Water Authority's CCN and
added to the City of Fort Worth's CCN is 16.7 acres, as referenced by data and mapping
information the City of Fort Worth filed in the Public Utility Commission of Texas Interchange
Docket Number 55455, Item No. 12; and
WHEREAS, the City received a signed consent letter allowing the City to provide retail
water service within Benbrook's corporate limits from Benbrook Assistant City Manager Jim
Hinderaker on May 21, 2024;
NOW, THEREFORE, the Benbrook Water Authority, hereinafter referred to as BWA,
acting herein and through David Smith, its duly authorized General Manager, and the City of
Fort Worth, hereinafter referred to as Fort Worth, acting herein by and through Fernando Costa,
its duly authorized Assistant City Manager, do hereby agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
I.
BWA and Fort Worth agree to decertify 16.7 acres from BWA's water CCN No. 11260 and
sewer CCN No. 20505 and transfer it to Fort Worth to amend Fort Worth's CCN No. 12311. The
16.7 acres are detailed in the data and maps identified in Public Utility Commission Interchange
Docket No. 55455, Item No. 12.
II.
BWA and Fort Worth agree that the designation under this agreement of areas and customers to
be provide water service is valid and enforceable and may be submitted to the PUC for approval
at the appropriate time under Section 13.248 of the Texas Water Code regarding contracts
designated to be served by retail public utilities.
BWA and Fort Worth agree to cooperate in good faith in achieving formal resolution of the CCN
amendment applications before the PUC. BWA hereby consents to the decertification as service
areas within its CCN as stated herein.
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 of Fort Worth Assistant City
Manager.
[signatures on next page]
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Name: Fernando Costa
Title: Assistant City Manager
Date:
APPROVAL RECOMMENDED:
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Christopher Hard r (Jun 18, 202410:14 CDT)
By:
Name: Christopher Harder, P.E.
Title: Fort Worth Water Department Director
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By:
Name: Jannette S. Goodall
Title: City Secretary
BENBROOK WATER AUTHORITY:
BENBROOK WATER AUTHORITY
By:
Name: David Smith
Title: General Manager
Date: June 14, 2024
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.
Stacy Walt�fs By: (Jun 1 :09 CDT)
Name: Stacy Walters
Title: Contract Services Administrator
APPROVED AS TO FORM AND LEGALITY:
By:
Name: M. Kevin Anders, II
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0508
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0508
LOG NAME: 60CCN AMENDMENT WITH BWA 16.7 ACRES
SUBJECT
(CD 4) Authorize the Decertification Agreement with Benbrook Water Authority to Decertify 16.7 Acres from the Benbrook Water Authority's Water
and Sewer Certificate of Convenience and Necessity and Amend Fort Worth's Water Certificate of Convenience and Necessity to Add 16.7 Acres
RECOMMENDATION:
It is recommended that the City Council authorize the Decertification Agreement with the Benbrook Water Authority (BWA) to decertify 16.7
acres from Benbrook Water Authority's Water and Sewer Certificate of Convenience and Necessity boundaries and to add 16.7 acres to Fort
Worth's Water Certificate of Convenience and Necessity.
11&10111*4103kqF
On September 23, 2014, under Ordinance 21482-09-02014, Fort Worth and the City of Benbrook entered into a Joint Ordinance and Boundary
Agreement (Ordinance), adjusting the boundary between Fort Worth and Benbrook for several tracts of land, including an area known as Park
Ridge Stables. Exhibit H to the Ordinance shows Park Ridge Stables to be 14.9 acres.
On September 19, 2023, Fort Worth filed an application to decertify a portion of Benbrook Water Authority's (BWA) water Certificate of
Convenience and Necessity (CCN) No. 11260 and sewer CCN No. 20505 and amend Fort Worth's CCN No. 12311 and with the Public Utility
Commission of Texas (PUC). This application is located on the PUC's online system, the Interchange, as Docket No. 55455. Because BWA's
adjacent CCN to Park Ridge Stables begins in the U.S. Highway 377 centerline, the actual total area to be transferred under the CCN is 16.7
acres, as identified in Item No. 12 for Docket No. 55455, filed with the PUC, instead of the 14.9 acres identified in Exhibit H to the Ordinance.
In response to Fort Worth's PUC application, the PUC's Administrative Law Judge (ALJ) required Fort Worth to submit an updated and signed
Decertification Agreement signed by Fort Worth and the Benbrook Water Authority. The Decertification Agreement specifically references the map
Fort Worth filed in Item No. 12, which identifies the 16.7 acres in Park Ridge Stables. This Agreement, once signed by BWA, will demonstrate their
intent to decertify these 16.7 acres from their water and sewer CCN's and add this area to Fort Worth's CCN.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head
Additional Information Contact:
Expedited
Fernando Costa
6122
Chris Harder
5020
Wade Goodman
7139
Matt Kusnir
8219
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Amend City of Fort Worth (CCN No. 12311) to Decertify
a Portion of Benbrook Water Authority (CCN Nos. 11260 & 20505)
in Tarrant County
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Legend
® Requested Water Area to Decertify CCN No. 11260 and Amend (Add) CCN No. 12311
Created by: Wade Goodman
Date Created: 1/12/2024 ® Requested Sewer Area to Decertify CCN No. 20505
Amend City of Fort Worth (CCN No. 12311) to Decertify
a Portion of Benbrook Water Authority (CCN Nos. 11260 & 20505)
in Tarrant County
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Created by: Wade Goodman
Date Created: 1/11/2024
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® Requested Water Area to Decertify CCN No. 11260 and Amend (Add) CCN No. 12311
® Requested Sewer Area to Decertify CCN No. 20505