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Home My WebLink AboutContract 61876Date Received: Aug 20, 2024 Time Received: 10:05 a.m. City Secretary Contract No.: 61876 AG EMENT BY AND BETWEEN JOHNSON COUNTY SPECIAL UTILITY DISTRICT, CROWLEY INDEPENDENT SCHOOL DISTRICT, AND THE CITY OF FORT WORTH This Agreement is entered into this 31st day of JULY 2024 by and between Johnson County Special Utility District ("JCSUD") acting by and through Johua Howard, its duly authorized General Manager, Crowley Independent School District ("District"), acting by and through its duly authorized Chief Financial Officer, and the City of Fort Worth, a Texas home rule municipality ("City") acting by and through Fernando Costa, 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 55.651- acre tract of land in the northern part of the service area, in the City's extraterritorial jurisdiction, more particularly described in Exhibit "A" and shown on Exhibit "B"; WHEREAS, a portion of the Property is located in CCN No. 10081, held by JCSUD; WHEREAS, the District is constructing a new Middle School Campus on W Cleburne Road (CR 1053, which is partially within JCSUD's CCN; WHEREAS, the JCSUD Board of Director's has, by resolution 2024-03 attached as Exhibit "C", determined that providing water to the District for the Middle School Campus would be cost -prohibitive; WHEREAS, the City is capable of rendering adequate and continuous service to the Property and; 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. 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 20.0 acres of land situated in the John Korticky Survey, Abstract No. 914, Tarrant County, Texas, more particularly described in Exhibit "A" and shown on Exhibit "B". 2. The District has paid JCSUD the one-time sum of nine thousand six hundred twenty-seven dollars and no cents ($9,627.00) as consideration for the OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 preparing and filing 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"). The 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 they 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 actions 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 principles 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 Fernando Costa Assistant City Manager RECOMMENDED BY: Chris Harder Chris Harder (Aug 13, 202415:27 CDT) Chris Harder, P.E. Water Director APPROVED AS TO FORM AND LEGALITY A�J"a- Melinda Ramos, Deputy City Attorney Attest Jannette Goodall City Secretary 4444013 ��n " '—�o Pva o=d P�Q*o0 *� as Il �'EXASo4p �nnaan4a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX JOHNSON COUNTY SPECIAL UTILITY DISTRICT 9"a Joshua Howard General Manager CROWLEY INDEPENDENT SCHOOL DISTRICT lenn fiahar(@rro-l— 4n tv — lann fkharn—u 1— k» tv nc! h.l 18, 202411:42 CDT) Leon Fisher Chief Financial Officer EXHIBIT A Being 55.651 acres of land situated in the John Korticky Survey, Abstract No. 914, Tarrant County, Texas, being a portion of Tract 1 and Tract 2, as described in deed to Crowley Independent School District (Crowley ISD), according to the deed filed in Instrument #D207416955, 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 concrete monument found at the most northerly northeast corner of said Tract 2, also being in the south line of a tract of land described in deed to Texas Electric Service Company (TESCO), recorded in Volume 3564, Page 577, D.R.T.C.T., also being in the west line of a 0.395 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #26625- 12-2023, and also being in the apparent west line of West Cleburne Road (County Road 1035, a variable width right-of-way), from which a Mag nail found in the approximate centerline of said West Cleburne Road bears N 89'11'21" E, a distance of 25.13 feet, said Mag nail also being the southeast corner of said TESCO tract, and also being the southwest corner of a tract of land described in deed to TESCO, recorded in Volume 3554, Page 613, D.R.T.C.T., and also being in the most westerly line of a 79.08 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #9471; THENCE along the apparent west line of said West Cleburne Road, the following courses and distances; S 00°09'33" E, leaving the south line of said TESCO tract (Volume 3564, Page 577), along the east line of said Tract 2, and along the west line of said 0.395 acre tract, a distance of 261.83 feet to a 5/8 inch iron rod found at a northeasterly corner of said Tract 2; S 00°35'00" E, leaving the east line of said Tract 2, over and across said Crowley ISD tract, and continuing along the west line of said 0.395 acre tract, a distance of 247.77 feet to the southwest corner of said 0.395 acre tract, also being the northwest corner of a 52.357 acre tract of land annexed by the City of Fort Worth, as described in City of Fort Worth Ordinance #9581; S 0091'55" E, continuing over and across said Crowley ISD tract, and along the west line of said 52.357 acre tract, a distance of 326.78 feet; S 00°33'55" E, continuing over and across said Crowley ISD tract, and along the west line of said 52.357 acre tract, at a distance of 103.60 feet, passing a 5/8 inch iron found in the south line of Tract 2, also being in the north line of Tract 1, in all, a distance of 617.61 feet to a 5/8 inch iron rod found in the south line of said Tract 1, also being in the north line of a 40.043 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #24148-04-2020; THENCE S 89008'07" W, leaving the west line of said 52.357 acre tract, continuing along the north line of said 40.043 acre tract and the south line of said Tract 1, at a distance of 14.80 feet, passing a 5/8 inch iron rod with cap stamped "LJA Surveying" found at the northeast corner of Lot 2X, Block 4, Deer Creek, an addition to the City of Fort Worth, Tarrant, County, Texas, recorded in Instrument #D222058562, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and continuing along the north line of Blocks 4 & 5 of said Deer Creek, in all, a distance of 1673.28 feet to the southwest corner of Sheet 1 of 3 CSD 23609 said Tract 1, also being the northwest corner of Lot 1 of said Block 5, Deer Creek, and also being in the east line of a tract of land described in deed to Dependable Builders, LLC, recorded in Instrument #D221376640, D.R.T.C.T., from which a 5/8 inch iron rod with cap stamped "LJA Surveying" found bears N 89'08' 11" E, a distance of 0.28 feet; THENCE N 00000' 16" W, along the west line of said Tracts 1 & 2, and along the east line of said Dependable Builders, LLC tract, at a distance of 12.43 feet, passing a 1 inch iron rod found at the northeast corner of said Dependable Builders, LLC tract, also being the southeast corner of Lot 15, Block 2, Panther Heights (Phase 2), an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 7768, P.R.T.C.T., and also being the southeast corner of a 194.167 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #13578, and continuing along the east line of said 194.167 acre tract, and along the east line of Blocks 2 & 3 of said Panther Heights (Phase 2), in all, a distance of 1455.67 feet to a 3/4 inch iron rod found at the northwest corner of said Tract 2, also being the northeast corner of Lot 13 of Block 3, of said Panther Heights (Phase 2), and also being in the south line of said TESCO tract (Volume 3564, Page 577); THENCE N 89011'21" E, leaving the east line of said 194.167 acre tract and the east line of said Panther Heights (Phase 2), continuing along the north line of said Tract 2 and along the south line of said TESCO tract (Volume 3564, Page 577), a distance of 1660.99 feet to the POINT OF BEGINNING and containing 55.651 acres of land. OF P •'GAS�eR•• ;/- .•• FO•9 �i: a` 4� ............................. THERON W. SIMS i a 5887 e: April 22, 2024 po + Theron W. Sims, R.P.L.S. •••'• or s�°•• o`� Texas Registration No. 5887 �Na •SUR%4 Surveyed on the ground February 8, 2024 "This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Sheet 2 of 3 CSD 23609 \ (194.1117 Ac) \ ANNEXA770N BY CTIY OF FT. WORTH ORDINANCE �113578 A, SC. TESCO L6 VOL. 3564, PG. 577 CONCRETE D.R. T.C.T. MONUMENT N89'11'21"E, 1660,99' iw S 1Cjr g1�VBY TRACT 2 CROWLEY INDEPENDENT SCHOOL DISTRICT INST. 10207416955 D.R.T.C.T. 55.651 Ac. TRACT 1 CROWLEY INDEPENDENT SCHOOL D/STRICT )NST. 1D20716955 D.R.T.C.T. (79.08 Ac) ANNEXAnoN BY CITY OF FT. WORTH ORDINANCE 19471 (0.395 Ac) ANNEXATION BY CITY OF FT. WORTH ORDINANCE 426625-12-2023 (52.357 Ac) ANNEXATION BY CITY OF FT. WORTH ORDINANCE 49581 14.80' 1 PG. 613 f LINE TABLE '. T. # DIRECTION LENGTH I Ll S00"09'33"E 261.83' I a s L2 S00.35'00"E 247.77- f 222015841. ( 1-3 S00'31'55"E 1326.78- I ,Tc.L L4 S00'33'55"E 1617.61' I - !11- 3 I L5 N00'00'16"W 12.43' I - 'RI LINE I L6 N89'11'21"E 25.13' L7 S00'33'55"E 103,60' B i L8 N89.08.1I E 0.28' s i1 i tE AP OO `N 0 G.eaT lk M� f "Nl Gj I Q•�`' �• FO •9 h� _ •THERON•W.•SIMS W o� I` v o....5887..�..g. \_\ S89'08'07"W, 167 ..... "WA suRVEYiNG' Lj1RF K 55/8"..`LOT2X,BLOCK4..lV.I..1� (40.043 Ac) OPEN SPACE LOT sX THERON W. SIMS, R.P.LtS. SURVEB.' :::: ": ' ..'. ANNEXAT7ON BY OPEN SPACE &(j, TT. p#T .. .. . .W , •, •,-■Oltit`I�," g: '..':::: ' ... CITY OF FT. WORTH DEER CREEK IDRAINAGE FASEMEA, TEXAS REGISTRATION N 5887 " ""'" ORDINANCE 124f48-04-2020 INST 10222058562'DEPENDABLE BUILDERS, LLC':::.: '.. "" P.R.T.C.T. INST. 1D223153232 INST. 10221376640...'.'.'.':.'.:'.'.'.':.....:.......................:.'.'.':.'.' _.._.-� P.R.T.C.T. DATE: APRIL 22, 2024 o_Rrc.r .':::..'.'.':.':.'.':.':.'.'.'.':.':..':.':.'.'.'.':.': . EXHIBIT B ANNEXATION OF SCALE: 1"=300' League nail & perkins 55.651 ACRES OF LAND tnp 5237 Riverside Drive, Suite 100 peo e wean, Texaa 76137 Situated in the John Korticky Survey, Abstract No. 914, 817.336,5773 ph 817.332.7756 ix w.tnpin. con, � T&FL5 Registration No. 100116-00 Tarrant County, Texas. SURVEYED ON THE GROUND FEBRUARY 8, 2024 "This document was prepared under 22 Texas Administrative Code § 138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." JOB No. CSD 23609 SHEET 3 OF 3 J EXHIBIT C JOHNSON COUNTY SPECIAL UTILITY DISTRICT RESOLUTION 2024-03 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 (CISD) is constructing a new Middle School Campus on W Cleburne Road (CR 1053) and WHEREAS, a portion of the new Middle School Campus is within Johnson County Special Utility District's (JCSUD) Certificate of Convenience and Necessity (CCN) area; and WHEREAS, required upgrades to existing water facilities owned and operated by JCSUD to provide compliance for CISD domestic and fire protection criteria would be cost -prohibitive; and WHEREAS, constructing an extension and/or connecting to existing waterlines owned and operated by the City of Fort Worth (City) remains the only feasible alternative to serve the new Middle School Campus within time and financial constraints presently obtaining; and WHEREAS, serving the new Middle School Campus with water owned by the City within' JCSUD's CCN area is prohibited by the spirit, intent, and purpose of JCSUD's CCN; and WHEREAS, serving the new Middle School Campus with water owned by the City will require JCSUD to relinquish statutory control of that portion of JCSUD's CCN area where the new Middle School Campus is located. The CITY will make an application with the Public Utility Commission (PUC) to amend the CCNs. NOW, THEREFORE, BE IT RESOLVED that JOHNSON COUNTY SPECIAL UTILITY DISTRICT (JCSUD) herby officially determines that there is a public necessity for adequate water facilities to be made available to the new Middle School Campus. IT IS FURTHER RESOLVED that Peter Kampfer, General Manager, or his designee is hereby authorized to manage the issues pertaining to the transfer of a portion of the JCSUD CCN area where the new Middle School Campus is located. IT IS FURTHER RESOLVED that Peter Kampfer, General Manager, or his designee is hereby authorized and directed to negotiate on behalf of JCSUD for fair and just compensation from CISD for the transfer of a portion of JCSUD's CCN area where the new Middle School Campus is located. CCN TRANSFER PORTION OF THE JCSUD CCN TO CITY OF FORT WORTH FOR CROWLEY ISD - PAGE 1 IT IS FURTHER RESOLVED that Peter Kampfer, General Manager, be and is hereby authorized to execute all documents necessary to effect a transfer of ownership and control of that portion of JCSUD's CCN area where the new Middle School Campus 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 Z 1 May 2024. Attest: By: Glen Walden President l /lei=Nic By: Rh s Secretary -Treasurer 0 ANT y_ CCN TRANSFER PORTION OF THE JCSUD CCN TO CITY OF FORT WORTH FOR CROWLEY ISD - PAGE 2