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
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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.
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Mayor
ATTEST:
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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:
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ity c ary
�r (CITY SEA
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