Loading...
HomeMy WebLinkAboutRES 1980-020 RESOLUTION NO. 80-20 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN P� THE CITY OF GRAPEVINE, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS � STATE OF TEXAS . COUNTY OF TARRANT : CITY OF GRAPEVINE : WHEREAS, it is necessary and advisable that the City enter into the amendatory water supply contract, hereinafter authorized, with Trinity River Authority of Texas . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section l. That the Mayor and City Secretary are authorized and directed, for and on behalf of the City, todate, 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. PASSED & APPROVED on this the 20 day of May , 1980 by the City Council of the City of Grapevine, Texas. � � Mayor ATTEST: � � City S cre ry APPROVED S TO FORM: City Attorney AMENDATGRY WATER SUPPLY CONTRACT THE STATE OF TEXAS . COUNTY OF TARRANT . L�FiE:ZEAS , the City of GR.APEVINE, Texas (the "City") has duly executed and �ntered into a Contract dated as of the 25th day of April, 1979, and amended as of December 5, 1979 , with Trinity River Authority of Texas (the "Authority") pro- viding for a supply of treated water to the City (the "Con- tract") , to which Contract reference i.s hereby made for all � purposes; and ` WHEREAS, it is deemed necessary and advisable that sub- �,�,,, section (d) of Section 4C of the Con�ract be amended. IT IS THEREFORE CONTRACTED AND AGREED BETWEEN TRINITY RIVER AUTHORITY OF TEXAS AND THE CTTY: That subsection (d) of Section 4C of the Contract is here- by amended to be and read as follows: " (d) Notwithstandiiig the foregoing provisions of this Section 4C, it is agreed that, i.n addition to City ' s Annual Payment, and as further consideration for the service to be supplied hereunder, City shall pay to Authority a surcharqe of either (i) $2 , 841. 00 per month for 120 months , commencing with the month during which the City is first billed by the Au�hority for water received under this Contract, or, in lieu of the payments under clause (i) , and at the sole option of the City, (ii) the lump sum amount of $340, 916. 00 in cash, immediately following th� execution and delivery of this Contract, with such payments being necessary to equalize the capital costs already involved in the � Project. It is further agreed that if, in the future, the Authority �hould execute a contract wi.th any Addi- � tional Contracting Party, such contract will contain provisions similar to the provisions of this subsection (d) except that the surcharge and total amount set forth above shall be fixed in a fair and equitable manner, as d�termined by the Au�hority, to reflect such party' s participation in the Proj�ct, with the result that the amounts payable by the other cities to which a surcharge applies will be proportionately readjusted. �11 payments due from the City under clause (i) , above, shall be billed separately from each Annual Payment, but shall be paid each month at the same time the other monthly payments are due. All payments under this subsection (d) shall be applied to the payment of that part of each Annual Requirement which otherwise would be paid by the Cities of B�dford and �uless, and shall reduce, to such extent, the annual aggregate amount of each Annual Payment to be made by the Cities of Bedford and Euless. " IN WITNESS WHEREOF , the parties hereto acting under au- thority of their respective governing bodies have caused this �„ Amendatory Water Supply Contract to be duly e:.ecuted in several counterparts, each of which shall constitute an original , all as of the 23rd day of April , 1980 . � TRINITY RIVER AUTHORITY OF TEXAS BY General Manager r�TTEST: �� Secretarv (��UTHORITY SEr'�L) CITY OF GRAPEVINE, TEXAS by --- �_i7��G.1! Mayor ATTEST: � ity c ary �r (CITY SEA � � � �