HomeMy WebLinkAboutContract 25054CITY SECRETARY O ��
CONTRACT NO.
AGREEMENT FOR THE PROVISION
FOR TREATED WATER SERVICE
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Keller is the holder of Certificate of Convenience and
Necessity No. 10975, issued by the Texas Water Commission, now known as the Texas
Natural Resource and Conservation Commission, authorizing it to provide treated water
service within certain boundaries described in said Certificate; and
WHEREAS, the City of Fort Worth is the holder of Certificate of Convenience and
Necessity No. 12311, issued by the Texas Water Commission, now known as the Texas
Natural Resource and Conservation Commission, authorizing it to provide treated water
service within certain boundaries described in said Certificate; and
WHEREAS, the owner of certain "
property ( the "Property") p y) within the boundaries of
the City of Keller's Certificate of Convenience and Necessity has requested treated water
service from the City of Keller; and
WHEREAS; the City of Keller does not have transportation facilities to permit it to
provide treated water service to the Property; and
WHEREAS, the Property is located within the corporate city limits of the City of Fort
Worth; and
WHEREAS. the City of Keller desires to authorize the City of Fort Worth to provide
treated water service to the Property and the City of Fort Worth is agreeable to providing
treated water service to the Property under the terms and conditions stated below.
NOW, THEREFORE, the City of Keller, hereinafter referred to as Keller, acting
herein by and through Lyle H. Dresher, its duly authorized City Manager, and the City of Fort
Worth, hereinafter referred to as Fort Worth, acting herein by and through Mike Groomer, its
duly authorized Assistant City Manager, do hereby agree as follows:
By mutual consent, the cities of Keller and Fort Worth hereby agree to amend the
applicable Certificates of Convenience and Necessity (hereinafter referred to as CCN,
whether same be the CCN of Keller or the CCN of Fort Worth) in order that Fort Worth can
provide retail treated water service to a tract of land, 98 acres, more or less, in size, and
adjacent to North Tarrant Parkway and North Beach Street, located within the corporate city
limits of the City of Fort Worth and which is also presently located within the boundaries of
Keller's CCN No. 10975. The description of the Property is as shown on Exhibits "A" and
"B", which are attached hereto and incorporated herein. Exhibit "A" is a metes and bounds
description of a portion the Property and consists of approximately 92.3 acres. Exhibit "B" is
a survey showing the area in Exhibit "A" together with the area highlighted in blue consisting
of an additional approximate 5.9 acres, the totality of which constitutes the 98 acres, more or
less..
2.
By mutual consent and agreement, the cities of Keller and Fort Worth will pursue an
amendment to Keller's CCN No. 10975 and to Fort Worth's CCN No. 12311. The cities
agree to cooperate in achieving formal resolution of the CNN amendment application before
the Texas Natural Resource Conservation Commission (hereinafter referred to as TNRCC),
contingent upon the two cities being reimbursed by the owners or developers of the subject
Property all direct costs and expenses incurred with said application. That said
reimbursement shall not be less than $1,250.00 to the City of Keller and not less than
$1,250.00 to the City of Fort Worth. The City of Keller shall be reimbursed its direct costs
and expenses (not less than $1,250.00) by the City of Fort Worth.
Kl
The City of Fort Worth agrees to submit to the TNRCC an application to amend Fort
Worth CCN No. 12311 to include the single certification for water service to the
aforementioned 98 acres of land (Property), and the City of Keller does not object and
hereby consents to the decertification of said Property from its CNN No. 10975. This
agreement shall not be consolidated or joined with any other CCN amendment application
or other service area sought by Fort Worth which includes any other property currently within
Keller's CCN No. 10975.
0
No provision or term contained in thi!
type of partnership or joint venture between
rights or liabilities except a stated herein.
agreement shall be construed to create any
the parties hereto, nor shall same crate any
5.
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.
91
In addition to any other remedy as may be provided bylaw, this agreement shall be
specifically enforceable by the parties hereto. Venue for any action shall lie exclusively in
Tarrant County, Texas.
IN TESTIMONY WHEREOF, after proper action by the respective governing bodies
of the parties hereto, we have cause this agreement 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
hereto on this the day of 1 1999.
ATTEST:
Shelia Stephe�,,
City Secretary
APPROVED TO FORM AND LEGALITY:
L. o ry
t2
City Attorney
ATTEST:
Gloi-A Pearson
City Secretary
APPROVED AS TO FORM AND LEGALITY:
C�A��
Gary Stein erger
Assistant City Attorney
CITY-QF KELLER, TEXAS
Lyle H.Vresher
City Manager
ITY OFTOH, TEXAS
Mike Gr
Assistant City Manager
C - I 1553
Contract Authorization
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Date