HomeMy WebLinkAboutCity Council Resolutions (R-79-208)-12/05/1979
R-79-208
AMENDATORY WATER SUPPLY CONTRACT
THE STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, the City of COLLEYVILLE,Texas (the "City")
has duly executed and entered into a Contract dated as of
the 25th day of April, 1979, with Trinity River Authority of
Texas (the "Authority") providing for a supply of treated
water to the City (the "Contract"), to which Contract refer-
ence is hereby made for all purposes; and
WHEREAS, the Contract in several places refers to "raw
water contracts", effective July 27, 1971, and April 25,
1979, respectively, between Tarrant County Water Control and
Improvement District Number One (the "District") and the
Authority; and
WH:EREAS, it is deemed n~cessary and advisable that
Trinity River Authority of Texas execute and enter into a
new and different raw water contract with the District which
will supersede the existing raw water supply contracts, pro-
vide for the development of a new source of supply of raw
water, contain different terms and provisions, and provide
for Payment for raw water for its Tarrant County Water
Project on a different basis; and
WHEREAS, it is necessary that the Contract between the
Authority and the City be amended to permit the Authority to
execute and enter into said new raw water supply contract.
IT IS THEREFORE CONTRACTED AND AGREED
BETWEEN TRINITY RIVER AUTHORITY OF TEXAS AND THE CITY:
That the Contract is hereby amended by adding a new
Section 7A thereto, to be and read as follows:
"Section 7A. In lieu of the raw water supply con-
tracts between the Authority and Tarrant County Water
Control and Improvement District Number One (the "Dis-
trict"), effective July 27, 1971, and April 25, 1979,
respectively, the Authority is authorized to execute
and enter into a new water supply contract with the
District similar to, and as prescribed in, the "Tarrant
County Regional Water Supply Facilities Contract",
dateQ_~s of August 29, 1979, among the District, the
City.of.Fort Worth, and the City of Mansfield, with the
Authority to become a "Contracting Party" as described
iQ-said~~ontract dated August 29, 1979, and wi~h.~he
new.contract to be in such form and substance as'a\ltho~-
ized by. the Board of Directors of the Authority. If
sllch.new'contract is executed, it shall superSede the
existing raw water supply contracts between.' the Author-
ity and the. District, and all references ther~t:o:i:-n_.
this~Contract"shall be-deem~d to be r~f~rences-t6th~'-
aforesaid new contract, and thereafter the City'will
pay its portion of the Authority's Operation and Main-
tenance Expenses attributable to Obtaining a raw ~a.~er
supply for its Tarrant County Water Project based on
the amounts.that are required to be paid by-the'Author-
ity to the District under said new contract; and p~qvid-
ed that clause (ii) of Section 4C(d) of this-C6ntract,
and . the .reference to "thelimi ting ratio of maximum'
days' use to average annual use" in Section 5(g) of :this
Contract, shall no longer be applicaEleor effectfv~.
~~cept :as."provided above " this Contract shall -be and re-
ma.:i;.:I1; :i;.n full fOI:ce and effect. It is specifically'pro-
vid;edi.: :hq.wever, that this -Section 7A shall become
effeqt.ive only upon the execution of.said new contract
by the I?-;i.s,trict and the Authority".
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 CdLLEYVILLE, TEXAS
by
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Mayor
ATTEST: \ ~
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- City Secret ry
(CITY SEAL)