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Home My WebLink AboutCity Council Resolutions (R-79-207)-11/20/1979 R-79-207 CERTIFICATE FOR , RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF COLLEYVILLE, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS, ," THE STATE OF TEXAS COUNTY OF TARRANT CITY OF COLLEYVILLE We, the undersigned oftieers of said City, h~reby certify as follows: 1. The City Council of said ~ity duly convene4 in REGULAR MEETING ON THE 20TH DAY OF NOVEMBER, 1979, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to-wi,t: LaVada Johnson, City Secreta~y J. R. "Buck" Hubbard, Mayor Robert E. Noble- C. L. "Smokey" Vanover Leonard Lear Howard Collins Oale Hodgson and all of said pe.rsons were present, except th~ fo~lowing ahsentees; thus constituting a quorum. WhereUlfon amongdther business, the following was transacted at sai(} Meet~ng:, a written RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF COLLEYVILLE, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NAYS: None. 2. That a true, full, and correct copy of th. aforesaid Resolution adopted at the Meeting described in the above: an~ foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Coun- cil's minu~es of said Meeting; that the above and foregoing para- gra~h is a true, full, and correct excerpt from said City Coun- cil's min.l;;1'tes of sai~Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and suffi- ciently notified officially and personally, in advance, of ..the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon'.s-.-Ann. Civ. St. Article 6252-17. 3. That the Mayor of said Ci 1;y !.las aEPJ;ove.d l. an<1-.f:1ereby.. approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby de- clare thai;:tl:1~;r.s.igI1,i..ng of-tl:1is'Certificat-eshall constitute, the signing of the attached and following copy of said Resolu- tion for al~ purposes.- -. r_...... .,.. ':::.~_' SIGN.ED -ANe ~_SEALED .:the~20t;:h;';day 'of-=Noveirtber:r I-g79~> ~ ,>-:- .. cii/kda at:~>Jr' . (/~( t;i /iN:: . Ci ty~SEfcre tary . MayOr (SEAJ~) ------~--------------------------~------------------ I, the undersigned, City Attorney of the City of Cnllevville, Texas, hereby certify that I read and approved as to legality the attached and following Resolution, prior to ts adoption. ~ RESOLUTION'AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF COLLEYVILLE, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS THE STATE OF TEXAS COUNTY OF TARRANT CITY OF COLLEYVILLE WHEREAS, it is necessary and advisable that the City enter into the amendatory water supply contract, hereinafter authorized, with Trinity River Authority of Texas. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE: Section 1. That the Mayor and City Secretary are au- thorized and directed, for and on behalf of the City, to date, sign, seal, and otherwise execute an amendatory water supply contract with Trinity River Authority of Texas in substantially the form and substance attached hereto and made a part hereof for all purposes. Section 2. That, upon execution, said amendatory water supply contract shall be binding upon the City for all purposes. Section 3. That this Resolution is effective immediately. ~. AMENDATORY WATER SUPPLY CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City af COLLEYVILLE,Texas (the "City") has duly executed and entered into. a Cantract dated as ef the 25th day af April, 1979, with Trinity River Autharity af Texas (the "Autharity") praviding far a supply af treated water to. the City (the "Centract"), to. which Cantract refer- ence is hereby made far all purpases; and WHEREAS, the Cantract in several places refers to. "raw water centracts", effective July 27, 1971, and April 25, 1979, respectively, between Tarrant Caunty Water Cantrel and Impravement District Number One (the "District") and the Autherity; and WHEREAS, it is deemed necessary and advisable that Trinity River Autharity af Texas execute and enter into. a new and different raw water cantract with the District which will supersede the existing raw water supply cantracts, pra- vide far the develapment af a new saurce ef supply ef raw water, cantain different terms and pravisions, and pravide fer payment far raw water far its Tarrant Caunty Water Praject an a different basis; and WHEREAS, it is necessary that the Centract between the Autharity and the City be amended to. permit the Autharity to. execute and enter into. said new raw water supply cantract. IT IS THEREFORE CONTRACTED AND AGREED BETWEEN TRINITY RIVER AUTHORITY OF TEXAS AND THE CITY: That the Cantract is hereby amended by adding a new Sectian 7A thereto., to. be and read as fellows: "Sectian 7A. In lieu af the raw water supply can- tracts between the Autharity and Tarrant Caunty Water Cantrel and Impravement District Number One (the "Dis- trict"), effective July 27, 1971, and April 25, 1979, respectively, the Autharity is autharized to. execute and enter into. a new water supply cantract with the District similar to., and as prescribed in, the "Tarrant Ceunty Regianal Water Supply Facilities Centract", dated as af August 29, 1979, amang the District, the City ef Fart Warth, and the City ef Mansfield, with the Autharity to. became a "Cantracting Party" as described in said cantract dated August 29, 1979, and with the new can tract to. be in such farm and substance as authar- ized by the Board ef Directars af the Autharity. If such new centract is executed, it shall supersede the- existing raw water supply cantraqts Qe~ween the Authar- ity and the District, and all references thereta.in this.Contract shall be-deemed ta,be references to. the afaresaid~newcentract;-and;the~ea.fte~:the_ City ~ill: -- pay its p6rtia~ ef the~uth~~ity~sOp~r~tian and;Main- tenance Expenses attributable te Obtaining a ra~ water supply far its Tarrant Caunty Water ~rQject_bas~d~n ,- t,neamaunts that ~re ~equire9 t9,;be :gaid: by -the Autha7"- i tyto the District und~r .:said. new: contract; and prov~d- ed that clause (ii) af Sectian 4C(d) af this-Contract, and the reference to. ". the limi ting ratio. ef maximum' days' use to. average annual use" in Sectian 5(g)af this Cantract,shall no. langer be applicabl~ ~r effective. Except as pravided abave, this Cantract shall be and re- main in full farce and effect. It is specifically pra- vided, hewever, that this Sectien 7Ashall beceme effective anly upan the executian af said new centract by the District and the Autherity". IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendatory Water Supply Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the 5th day of December, 1979. TRINITY RIVER AUTHORITY OF TEXAS by General Manager ATTEST: Secretary (AUTHORITY SEAL) CITY OF COLLEYVILLE, TEXAS by ./ .7 )" ,t: " .~.~ I. (1' l~..-L \..- L ~) /]/ ; ~~~rt 6 r I " ATTEST: [J ; L ftdtL;, City Secr (CITY SEAL)