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1994-024City of Southlake, Texas RESOLUTION NO. 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING AND DIRECTING CITY STAFF TO EXECUTE AND FILE WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THE "APPLICATION FOR SALE, TRANSFER OR MERGER OF A RETAIL PUBLIC UTILITY" TO TRANSFER THE CERTIFICATE OF CONVENIENCE AND NECESSITY OF WEST PARK WATER CORPORATION, NO. 12210, TO THE CITY OF SOUTHLAKE. WHEREAS, on November 10, 1993, the owners of West Park Water Corporation filed a written proposal with the City of Southlake requesting that "operation and ownership of West Park Water corporation be placed in the control of the City of Southlake" attached hereto; and WHEREAS, the West Park Water Corporation serves only the residents of West Park Mobile Home Community; and WHEREAS, the West Park Mobile Home Community is within the corporate limits of the City of Southlake; and WHEREAS, West Park Water Corporation may, if such transfer be not accomplished, cease to provide water service and the residents of the West Park Mobile Home Community would be without potable water as well as, water for fire fighting purposes; and WHEREAS, the City of Southlake wishes to provide for all its residents a non- interrupted, safe and reliable supply of both potable water and water for fire fighting purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS, THAT: SECTION 1. City staff is hereby directed and authorized to complete, execute and file with the Texas Natural Resource Conservation Commission the "Application For Sale, Transfer or Merger of a Retail Public Utility" which is required to effect the Transfer of the Certificate of Convenience and Necessity of the West Park Water Corporation to the City of Southlake along with the proper application fee of Fifty Dollars ($50.00). SECTION 2. City staff is hereby directed and authorized to send to all customers of the West Park Water Corporation and to each water utility within two (2) miles of the West Park Water Corporation Water System the "Notice of Intent to Sell or Transfer the Certificate of Convenience and Necessity" provided by the Texas Natural Resource Conservation Commission. Resolution No. 94 - Page 2 SECTION 3. City staff is hereby directed and authorized to execute and provide to the Texas Natural Resource Conservation Commission any other additional documentation to effect the above transfer which the Texas Natural Resource Conservation may require. y I`- . PA SSED AND APPROVED by the City Council this the 17 day of l'tGK I , 1994. NO L j11C' i IA 1 Sandra UGrand City Secretary Fa\md\moW City of Southlake xas ry Fickes, 141ayor v OATH FOR PURCHASER OR ACQUIRING ENTITY STATE OF TEXAS § COUNTY OF TARRANT § I, Robert Whitehead, being duly sworn, file this notice of intent to accept as Director of Public Works of the City of Southlake that, in such capacity, I am qualified and authorized to file and verify such application, am personally familiar with the documents filed with this application, and have complied with all the requirements contained in the application; and, that all such statements made and matters set forth therein with respect to applicant are true and correct. Statements about other parties are made on information and belief. I further state that the application is made in good faith and that this application does not duplicate any filing presently before the Commission. I am also authorized and do agree to be bound by and comely with anv outstanding orders of the Commission or the Attornev General which have been issued to the system or facilities being acouired and recognize that I will be subject to administrative penalties or other enforcement actions if I do not comDly. Notice of this transaction was mailed or X hand -delivered to each customer on a 194and to each neighboring utility on j'y 3, 199. G47_nz l AFFIANT Applicant's Authorized Representative) If the Affiant to this form is any person other than the sole owner, partner, officer of the applicant or its attorney, a properly verified Power of Attorney must be enclosed. Applicant represents that all other parties to this transaction have been furnished copies of this completed application. SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for the State and County above-named, this day of rna.,-, 199-y-. O SANORA S. MOREY 7re' Notary Public STAT: OF TEXAS s h,JJ C<.; rin. Exp. 02/05/98 9:9Ci-' Y:vyv.+rvvrrr Notary Public One copy of this page must be submitted for each utility involved in this transaction. f:\files\md\oath-pur