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Home My WebLink AboutRES 1997-040 �, w RESOLUTION NO. 9�-40 �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDATORY CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS; PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AMENDATORY CONTRACT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That for, and on behalf, of the City of Grapevine (the "City"), the Mayor of the City is hereby authorized and directed to sign, deliver and otherwise execute, and the City Secretary of the City is hereby authorized and directed to sign, attest and seal, an amendment to the Contract by and between the City and the Trinity River Authority of Texas, dated as of the 25th day of April, 1979, as amended (the "Contract Amendment"), � x in substantially the form and substance attached to this resolution and made a part hereof for all purposes as Exhibit "A". .�.� Section 2. That, upon its execution by the parties thereto, the Contract Amendment shall be binding upon the City in accordance with its terms and provisions. Section 3. That all resolutions or ordinances or any parts thereof in conflict with the terms of this resolution shall be and hereby are deemed amended or repealed to the extent of such conflict, and all such resolutions or ordinances and any contracts or agreements authorized thereby, shall be of no further force or effect upon execution of the Contract Amendment. Section 4. That this resolution shall take effect and be in full force and effect from and after the date of its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the �5th day of July , 1997. �.;,�, � APPROVED: � '�%�� Witliam D. Tate Mayor ATTEST: _ , Linda uff City Secretary APPROVED A� TO FORM: �. ., � •` _ „�� John F. Boyle, Jr. q City Attarney �•�, RES. NO. 97-44 2 E X H I BI T___�__ T 0 �� l?= �� Pa9e � of �_ '�' P,MENDA'"ORY wATER SUPpLY ONTRA�"r' THE STATE OF TEXAS . COUNTY OF TARRANT . W�iEREAS , the City o� Grapevine, Texas (the "City" ) h�s duly executed and entered inco a Contract dated as of the 25tz day of April , 1979 , and a:nended as of December 5 , 1979 and Apri_ 23 , 1980 , with the Trinity River Authority of Te;cas (the "P_uthority" ) providing for a supnly of treated water to the City (the "Contract " ) , to which Contract reference is hereby made =or al1 purposes ; and Wf?EREAS , it is deemed necessary and advisable that subsection (g) of Section S of the Contract be amended . �,.:,_ NOW THEREFORE it is contracted and agreed by and between the Authority and the City as follows : �,.�� ARTICLE I That subsection (g) of S2ction 5 of the Contract is amended so as henceforth to be and , read as follows : " (g) It is agreed and understood that the Authority will supply, and the City is obligated to take and shall take, annually under this Contract , an amount of water equal to the amount of water actually required to serve all of the City ' s water customers in the area of the City described as follows : All area within the city limits of the City south of the Saint Louis-Southwestern Railroad (e;ccept that area 4 � �Xki131T_� TO ��_o� �f'�- `f�� Page _�� of '� °��" within the Dallas - Fort Worth Regional Airport) . � It is also agreed and understood that the Autnority will supoly, and the City is obligated to take and sha11 take, annually under this Contract , an additional amount of water equal to or, with the written apnroval of the Authority, greater than a set portion of the amount of water actually required to serve all of the City' s water custom�rs in the area of the City described as follows : All area within the city limits of the City north of the Saint Louis-Southwestern Railroad and west of Dooley Street . �._ . The set portion of the amount required to serve all of the City ' s water customers in the area north of the Saint Louis- �.,.,,., Southwestern Railroad and west of Dooley Street to be supplied by the Authority shall vary with time as follows : Fiscal Year 1997- 1998 15 percent Fiscal Year 1998 - 1999 30 percent Fiscal Year 1999 -2000 40 percent Fiscal Year 2000-2001 50 percent Fiscal Year 2001 -2002 60 percent Fiscal Year 2002 -2003 70 percent Fiscal Year 2003 -2004 80 percent � � �XW1�1T� TO �£-� 7-�G' Page � of � . ' Fi�cal 'fe�� 2004 -2005 90 percent Fi�ca1 Ye�r 2005 -2C?Q6 w� & th_�eafter 10fl percent During times af high demands , it is agreed and und�rstaod that the AuChority will supgly the same portion of the amounc actually requiz'ed Co s�rve all of the City' s wat�r customers in C.he area nortn of the Saint Louis-SouChwestern Railroaci and w�s� of Daoley Stre�t as the AuthariCy supgl.ies af �he annual d�mancis in that area. Howev�r, it is under�tood that in order for the City tca supply water to all of iCs water cu�tomers Chroughout the City, the City �_- � will util�.ze ather saurces o� water �upply avail.able to it for such purposes . Al�o, at such times a� peak demands on the City' s water � may exceed the capabilities of the Authority� s facil.ities Co deliver treated water, or at such times as �he AuthoriCy` s facilities may be totally or partiall� out of service, the City shall utilize such other saurces af water supply. ART�CLE II That a11 of the other provision� of the Contract not amended as provided above sha.11 be and remain in full �orce and ef�ecC . IN WITNES� WHEREOF, the parCies hereto acting under authority o� their respecti.ve governing bodies have caused this amendatory contract Co be duly e�ecuted in several counterparts , each of which 6 � EXN131 I � jo �� y'��-�� ---�---- �f � � shall constitute an orig_nal , all as of the day of 1997 , which is the data oL this amendatory contract . TRINITY RIVER AUTHORITY OF TEX.�1� By Danny F. Vance, General ManageY ATTEST: James Lee !�?urghy, S�cr�tGry, Board of Directors (AUTHORITY SEAL) CITY OF GRAPEVINE, TEXAS By �:,,w , Ma yo r ATTEST: ��wa �- ��L ��`� ' APPROVED BY COUNCIL 1-�5-�1� City Secretary ��GRAPEi;.` l��--E1��,�'�`� . ��; �- t r�� a� tV � � rnl � 'xr "' � ;2�J ��`` �i �n�I ♦ � _-�* / �� i . 1+...�.+�'� . / � ��}� CERTIFICATE FOR RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDATORY CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS, AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AMENDATORY CONTRACT THE STATE OF TEXAS • COUNTIES OF TARRANT, DALLAS AND DENTON . CITY OF GRAPEVINE • We, the undersigned officers of the City of Grapevine, Texas, hereby certify as follows: 1. The City Council of the City of Grapevine convened in 1' " '�, . MEETING ON THE (`�j� DAY OF ��,9 , 1997 , at t e City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to-wit: , William D. Tate, Mayor Linda Huff, City Secretary Ted Ware, Mayor Pro Tem Clydene Johnson Jerry L. Pittman Sharron Spencer Roy Stewart Shane Wilbanks � and all of said ersons were present, except the following absentees: �� , thus constituting �ry� a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF AN AMENDATORY CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS, AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AMENDATORY CONTRACT was duly introduced for the consideration of said City Council and duly read. 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 record roll call vote: AYES: All members of said City Council shown present above voted "Aye" . NOES: None. 2 . That a true, full, and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- '�' cate; that said Resolution has been duly recorded in said City Council ' s minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council ' � minute� of said Meeting pertaining to the adaption of said Resolution; that the persons named in the abave and foregoing paragraph are the du�y chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members af said City Cauncil was duly and sufficiently 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 adop�ion at said Meeting; 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 Chapter 551, Texas Govert�ment Code. 3 . That the Mayor of said City has approved, and hereby approves, the afaresaid Resalution; that the Mayor and the City Secretary af said City have duly signed and authenticated said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate. , shaZl constitute the signing and authentication of the attached and following capy af said Resolution for all purposes. SIGNED AND SEALED the _��day of �, 1997, �� - �k�t:t., �` �- ,� City Secre�a �Mayor �� r 1 rjOf��,� �`�1yt r i �� {h.l `1�i1 i�►t ien� ��'a�� i�'i 1�".li� �r �f �.� �.. r� / ` '"'. �4` � ti��y�,.� +i�r