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HomeMy WebLinkAboutRES 1979-037 RESOLUTION N0. 79-37 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF GRAPEVINE , TEXAS , AND TRINITY RIVER AUTHORITY OF TEXAS THE STATE OF TEXAS � COUNTY OF TARRANT X 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 . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : SECTION 1. That the Mayor and City Secretary are authorized 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. � PASSED AND APPROVED by the GRAPEVINE CITY COUNCIL on this i � the 20th day of November , 1979 . �.� VV — MAYOR ATTEST: CITY EC A OVED AS TO FORM: �..� � CITY ATTORNEY I'�� AMENDATORY WATER SUPPLY CONTRACT THE STATE OF TEXAS X COUNTY OF TARRANT X WHEREAS , the City of Grapevine, 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 re- ' ference is hereby made for all purposes ; and WHEREAS , it is deemed necessary and advisable that "�' Section 5 (g) of the Contract be amended to change the description of the area of the City to be served; 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 WHEREAS, it is deemed necessary 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: Section 1. That Section 5 (g) of the Contract is hereby amended to be and read as follows : " (g) it is agreed and understood that the Authority wi11 supply, and City is obligated to take and shall take, annually under this Contract , an amount of all 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 of Grapevine south of the St. Louis-Southwestern Railroad (except that area within the Dallas/ Fort Worth Regional Airport) . However , it is understood that in order for the City to supply water to all of its water customers throughout the City, and in certain � � instances to meet the limiting ratio of maxi- mum day' s use to average annual use stipulated in the heretofore described Raw Water Contract between the Authority and Tarrant County Water Control and Improvement District Number One (the "District") , the City will utilize other sources of water supply available to it for such purposes . Also, at such times as peak demands on the City' s water may exceed the capabilities of the Authority' s facilities to deliver treated water, or at such times as the Authority' s facilities may be totally or partially out of service; the City shall utilize such other sources of water supply. It is further recognized that the foregoing provisions referring to "the limiting ratio of maximum day' s use to average annual use" �„,h may become inoperative if the new water supply contract described in new Section 7A of this Contract is executed" . Section 2. 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 contracts between the Authority and Tarrant County Water Control and Improvement District Number One (the "District") , 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" , dated as 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 in said contract dated August 29 , 1979 , and with the new contract to be in such form and substance as authorized by the Board of Directors of the Authority. If such new contract is executed, it shall supersede the existing raw water supply �.-.M contracts between the Authority and the District, and all references thereto in this Contract shall be deemed to be references to the aforesaid new "'��� contract , and thereafter the City will pay its portion of the Authority' s Operation and Mainten- ance Expenses attributable to obtaining a raw water supply for its Tarrant County Water Project based on the amounts that are required to be paic� by the Authority to the District under said new contract; and provided that clause (ii) of Section 4C (d) of this Contract , and the reference to "the limiting ratio of maximum days ' use to average annual use" in Section 5(g) of this Contract , shall � no longer be applicable or effective. Except as provided above, this Contract shall be and remain in full force and effect. It is specifically pro- vided, however, that this Section 7A shall become effective only upon the execution of said new contract by the District 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 Sth day ,� � of December, 1979 . I TRINITY RIVER AUTHORITY OF TEXAS �'��" B y Genera Manager ATTEST : Secretary (AUTHORITY SEAL) � CITY OF GRAPEVINE, TEXAS �,...� By �„ ayor � ATTEST: City ecr ar (CITY SEAL) ,�; 4 � ��9�