Order No. 28521 Bill of Sale and Assignment Kerrville South Wastewater Project Came to be heard this the 9th day of February 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to approve the Bill of Sale and Assignment of those wastewater improvements constructed in Phase I of the Kerrville South Wastewater Project as provided in Intergovernmental Agreement for the 2001 Texas Community Development Program Award, dated October 9, 2001, between Kerr County and the Upper Guadalupe River Authority and authorized the County Judge to sign. ~~-sue/ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: February 9, 2004 TIME PREFERRED: SUBJECT: (Please be specific) Consider, discuss, and take appropriate action to approve Bill of Sale and Assignment of those certain wastewater improvements constructed in Phase I of the Kerrville South Wastewater Project as provided in Intergovernmental Agreement for the 2001 Texas Community Development Program Award, dated October 9, 2001, between Kerr County and the Upper Guadalupe River Authority, and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 5 Minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Memorandum January 7, 2004 To: David Motley, County Attorney From: Bill Williams, Commissioner, Precinct 2 Subject: Bill of Sale and Assignment of Kerrville South Wastewater Project to UGRA. Attached please find copy of Bill of Sale and Assignment of those certain wastewater improvements constructed in Phase I of the Kerrville South Wastewater Project, as provided in Intergovernmental Agreement for the 2001 Texas Community Development Program Award, dated October 9, 2001, between Kerr County and UGRA. Please review this Bill of Sale and Assignment agreement, and if proper, advise an I will place on Commissioners Court Agenda for January 226. c. County Judge and Commissioners Memorandum January 7, 2004 To: David Motley, County Attorney From: Bill Williams, Commissioner, Precinct 2 Subject: Bill of Sale and Assignment of Kerrville South Wastewater Project to UGRA. Attached please find copy of Bill of Sale and Assignment of those certain wastewater improvements constructed in Phase I of the Kerrville South Wastewater Project, as provided in Intergovernmental Agreement for the 2001 Texas Community Development Program Award, dated October 9, 2001, between Kerr County and UGRA. Please review this Bill of Sale and Assignment agreement, and if proper, advise an I will place on Commissioners Court Agenda for January 226. c. County Judge and Commissioners BILL OF SALE AND ASSIGNMENT Date: , 2004 Grantor: Kerr County, Texas Grantor's Mailing Address (including county): Kerr County Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Kerr County Grantee: Upper Guadalupe River Authority, a Texas conservation and reclamation district Grantee's Mailing Address (inclading coanty): - Upper Guadalupe River Authority 125 Lehman Drive Kerrville, Texas 78028 Kerr County Consideratioe: Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee. Facilities: See Exhibit "A" attached hereto. Intangibie Assets: See Exhibit "B" attached hereto. Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee: a) the Facilities as described on Exhibit "A"; and, b) the Intangible Assets described on Exhbit "B " Reference is hereby made to that certain "Intergovernmental Agreement for 2001 Texas Community Development Program Award" dated October 9, 2001, between Grantor and Grantee ("Agreement"). The conveyance by Grantor to the Grantee hereunder is being made in accordance with the Agreement. Grantor agrees to hereafter cooperate with Grantee and execute such other specific documents as may be necessary or appropriate to accomplish the transfer contemplated in the Agreement and this document. When the context requires, singular nouns and pronouns include the plural. References to defined teens shall refer to those terms defined in the Agrcement. Executed effective , 2004. B~71 ofsate.m Am~neot-OCN(i Rdmbunemeut Request /2 GRANTOR: ACCEPTED: COUNTY OF KERR ay: ~ _ g GRANTEE: UPPER GUADALUPE RIVER AUTHORITY By: President, Board of Directors Secretary-Treasurer, Board of Directors THE STATE OF TEXAS COUNTY OF KERB This ' ment was acknowledged before me on the ~ day of~ 200 by dge, on behalf of Kerr County, Texas. ~~~s Asp 9 ~ ~ ' ,State of exas (SEAL) X99 -{Py COUNTY, ~ THE STATE OF TEXAS § COUNTY OF KERR This instrument was acknowledged before me on the day of , 200_, by ,President of the Board of Directors of the Upper Guadalupe River Authority, a conservation and reclamation district, on behalf of said conservation and reclamation district. Notary Public, State of Texas (SEAL) EX1~TT A Description of Facilities 1. 100% undivided interest in those certain wastewater improvements constructed pursuant to that construction contract entitled "Kerrville South Sanitary Project, TCDP Contract # 721075, Riverhill 10" Sanitary Sewer Bypass and Rolling Green Lift Station Abandonment" dated June 24, 2002, entered into by and between Kerr County, Texas, and Compton Enterprises, Inc., in the original contract price of $301,355.00, and final contract sum of $376,694.00. EX1~IT B Description of Intangible Assets All rights, including but not limited to those rights arising under all bonds, warranties or other guarantees, held by Kerr County, Texas pertaining to the wastewater system improvements constructed pursuant to that construction contract entitled "Kerrville South Sanitary Project, TCDP Contract # 721075, Riverhill 10" Sanitary Sewer Bypass and Rolling Green Lift Station Abandonment" dated June 24, 2002 entered into by and between Kerr County, Texas, and Compton Enterprises, Inc., in the original contract price of $301,355.00, and final contract sum of X376,694.00 for •the construction of wastewater improvements. 2. Final record drawings pertaining to the construction contract identified in section "1." above.