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1991-016City of Southlake, Texas RESOLUTION NO.91-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY MANAGER TO PREPARE AND SIGN A LETTER TO THE CITY OF DALLAS, WATER UTILITIES, AUTHORIZING KINGSTON ARNIM, 3540 CARMEL COURT, TO PURCHASE RAW WATER FROM THE CITY OF DALLAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Kingston Arnim, the owner of a plat of land abutting Lake Grapevine Reservoir, said plat of land being located at 3540 Carmel Road, desires to purchase raw water from the City of Dallas, from said reservoir for domestic use at said location; and, WHEREAS, the City of Dallas requires approval from the City of Southlake prior to selling water to a property owner located within the City of Southlake, and, WHEREAS, the City of Southlake currently is unable to provide water to the above location; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That all of the above recitals are found to be true and correct as if copied in its entirety. Section 2. That the City Manager, is hereby authorized to prepare and send a letter to the City of Dallas Water Utilities, authorizing Kingston Arnim, owner of the property in the above location to purchase raw water from the City of Dallas until such time that the City of Southlake is able to serve water to the property. Section 3. That this resolution is hereby effective upon its passage by the City Council of the City of Southlake, Texas. GAJ PASSED AND APPROVED this the day of City of Southlake, Texas Resolution 91-16 page two H L A ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: a ",A'A Aan^-" \ City Atrney City of outhlake, Texas CITY OF SOUTHLAKE, TEXAS By: f Tary Fic cVs, Mayor City of Southlake, Texas CITY MANAGER MEMORANDUM !Y -`/Z_9/ 4% -- April 10, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: REQUEST FROM KINGSTON ARNIM TO IRRIGATE FROM GRAPEVINE LAKE Mr. Kingston Arnim, who lives adjacent to Grapevine Lake (see attached map) in Southlake, has requested from Southlake and the City of Dallas to pump raw water from Lake Grapevine for irrigation purposes only. Attached is the completed application and agreement with the City of Dallas to purchase raw water from Lake Grapevine. Please place this item on the Council's next agenda for consideration. If the Council elects to approve this request, it should be with the stipulation that this is for irrigation purposes only and provided that the City of Dallas approves the request. If you have any questions, please contact me. M MHB/lc attachment: map, application and agreement from City of Dallas r APPLICATION FOR PURCHASE OF RAW WATER Lake Grapevine RESERVOIR TO: DALLAS WATER UTILITIES DATE: 1. Property Owner: Kingston Arnim Mailing Address: 2204 Joe Field Road, Dallas, Tx. 75229 2. Legal Description & Location of Lot: 4tg &"eL rl ' "I._, 3. Description of Installations: a. Size of Intake b. Size of Discharge c. Rated Capacity of Pump d. Driving Motor e. Pressure Tank: f. Elevated Tank: g. Purification System: 4. Intended Use of Water: a. Domestic Non -Potable [ISE OF WATERJLANINDIVIDUAL OR HOUSEHOLD b. Sanitary Closet (Toilet) Yes No I \U inches. I inches. 4 0 gallons per minute. horsepower. Yes No Capacity Yes No Capacity Yes No Capacity gallons. gallons. gallons/hour. R iRRIr,ATIOIi_OF __AWS FAMILY GARDEN, WATERING DOMESTIC ANIMALS, AND WATER RECREATION FOR WHICH NO COMPENSATION IS RECEIVED BY THE USER]. c. Method of Disposal of Waste Water 3. Extent of Use: Daily V/ Week -end Only i 5. Is this water withdrawal -for use by you-, your family and guests -,only? -Yes.,,/ -No PLEASE RETURN TO: Signature: Kay Vieux, Manager Name: Kin ston Arnim Advisory Services 3AN (Please print or type) Dallas Water Utilities Dallas, Texas 75201 M STATE OF TEXAS )} COUNTY OF DALLAS } WHEREAS, Kingston Arnim is the owner of a plot of land abutting Lake Grapevine Reservoir, said plot of land being located at: ADDRESS: 2204 Joe Field Road, Dallas, Tx. 75229 LEGAL DESCRIPTION OF LOT:iC C Iri7t.ede ALALL,-,ulx r r J WHEREAS, said owner desires to purchase raw water from the City of Dallas from said reservoir for domestic use at the above location, and the City of Dallas is agreeable to the sale of said water upon the conditions set forth below: NOW, THEREFORE, WITNESSETH: THIS AGREEMENT made and entered into this date by and between the CITY OF DALLAS, a municipal corporation, hereinafter called "City," and Kingston Arnim hereinafter called "purchaser," as follows: 1. The City agrees to sell purchaser raw water from the perimeter of Lake Grapevine Reservoir for domestic use for a period of three years from the date of this agreement. Purchaser's withdrawal of water therefrom shall not exceed one acre- foot annually, and the price charged shall be as set out in Section 49-18.5 Dallas City Code, presently $0. 4838 per 1,000 gallons. Payment in all cases shall be made in the amount of one acre-foot annually. It is understood that the rate quoted herein is subject to change at any time by the City Council, and in the event of such a rate change the new rate shall be immediately applicable herein. This agreement may be renewed at the end of the three year term at the option of the City of Dallas. - 2. Purchaser will install all facilities required for this withdrawal at his own expense. 3. The City will assume no responsibility for keeping the water in the Reservoir at a certain elevation, and the Purchaser will make his installation so as to enable him to pump water at whatever level it may be. 4. In the event the location served by this contract is ever incorporated in any other City or municipality which has available water fire and protection, then in that event this contract will be terminated unless the municipality in which said plot of land or area is located consents to the sale of said water by City to Purchaser. 5. The City further reserves the right to limit the use and amount of water used or cancel this contract should the supply of the City of Dallas be depleted to where such water will be needed by the City for its citizens. In such event the City will give Purchaser at least thirty (30) days notice in writing to disconnect and cease pumping said water from the Reservoir. 6, The annual rate of $157.65 prompt payment amount, will be payable in advance and this contract will remain in effect upon payment. The initial billing will be the prorated amount to cover the period from the date of this contract through December 31, 1991 , and will be due upon execution of the contract. Subsequent billing at the full amount of the annual rate will be due no later than January 1st of each succeeding year. Failure on the part of the Purchaser to pay the bills promptly will render the contract in default and the City shall have the right and privilege to discontinue further service to Purchaser. Termination of this contract by Purchaser will not entitle Purchaser to a refund. In the event the City invokes the provisions of Paragraph 5 above, a prorated amount of the prepayment will be refunded to Purchaser. 7. The City makes no representation as to the character or quality of the water taken and Purchaser agrees to accept said water in the same state as it is pumped from the Reservoir, nor does the City make any representation that such water will be suitable for the purposes for which Purchaser desires to use it. Purchaser agrees that he shall acquire no rights or title for the use of water other than those explicitly set forth in this contract. Purchaser agrees to move, alter or remove entirely at his sole expense facilities he may have installed on City property should the City request him to do so. Should sanitary sewer service become available to the Purchaser at any time during the term of this contract, the Purchaser agrees to tie onto said system. 8. This agreement shall not be assigned to any other person, firm or corporation; provided, however, that in the event that any assignment is requested, the City may ap- prove same, and such requested assignment shall not become effective unless the City specifically consents to same in writing. EXECUTED this theA'4A&_day of A.D. 191-f[. Signature: .e."_-nti-_ Pur ash PLEASE RETURN SIGNED COPY TO: / Kay Vieux Kinqston Arnim Advisory Services 3AN Name (type or print) Dallas Water Utilities 1500 Marilla St. vt{t? c ruel b _41 % c Dallas, Texas 75277 Mailing Address / o oz 5• L 0 4 ° N7 ` f' K1 NA 7a. 11. I •-•.••• t•-••. 1•-•. •.• rte I G 0 IF 62' 202 - N. dt+. b$ h ••.. , 12' o4S - r - Sr . Va.. 6Ch -... i , d ICZ- M GC, LS . 6Vhrz i= dFc• ' • • v s .... ' ! 7 ; <_ . -- JL1f707— S) 1tf0- Ntl5f10ti1 — I;'- I _.'•. — ----- -- i aa.•. • •_ e.. o.. w• Q iw o2- ss.. ot. ism* 4 Wis 1• • a70 y 1 i • 2,..,; ' . ww' L W- Ni 0 ` o. f. i n I, r / • I. .' cA f O. j. 7. •; '``±` ; •''` a" ¢ : s i 4ILIA 0 s ! A' 7OSI J yy `• a /' t..•• r Mr by _ / \ . • • aa s.•"` t • i L % r e ry d b• GA SM. A•• t' J 3 \ S r• q, ' • d,. o a o v. dD s •- 1• I Lo Stiy - M - S2 , QS . 66 S w----.— t a Gao dQ oa• February 27, 1991 Mr. Kingston Arnim j ARNIM TOOL, INC. I2204JoeFieldRoad Dallas, Texas 75229 RE: WATER SERVICE FROM GRAPEVINE LAKE Dear Mr. Arnim: In order to process your request to pump water out of Lake Grapevine, the City will need a copy of your letter of authorization from the City of Dallas. As soon as the authorization is received, the City will process your application at its earliest convenience. If you have any questions regarding this, please contact me. Sincerely, Michael H. Barnes, P.E. Director of Public Works MHB/lc