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Home My WebLink About79-475 12-11-1979RESOLUTION NO. 475 CERTIFICATE FOR RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF EULESS, TEXAS, AND TRINITY.RIVER AUTHORITY OF TEXAS THE STATE OF TEXAS COUNTY OF TARRANT CITY OF EULESS We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City duly convened in REGULAR MEETING ON THE 11TH DAY OF DECEMBER, 1979, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to -wit: Mrs. Della Houy, City Secretary Harold Samuels, Mayor Charles Hunt Mrs. Willie Mae McCormick Robert Pippin Raymond Ozebek Glenn Walker and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF EULESS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS was duly introduced for the consideration of said City Council and read in full. 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 vote: AYES: All members of said City Council . shown present above voted "Aye ". NAYS: None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Coun- cil's minutes of said Meeting; that the above and foregoing para- graph is a true, full, and correct excerpt from said City Coun- cil's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and suffi- ciently 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 adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; 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 Vernon's Ann. Civ. St. Article 6252 -17. . 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute . the signing of the attached and following copy of said Resolu- tion for all purposes. IGNED AND SEA "D the llth day of December, 1979. City Secretar (SEAL) I, the undersigned, City Attorney of the City of Euless, Texas, hereby certify that I rea and ap.:�oved as to 1-ega� the attached and following Resol tion -�' .- to s ado i. n . City Auto nev RESOLUTION NO. 475 RESOLUTION.AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF EULESS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS THE STATE OF TEXAS COUNTY OF TARRANT • . CITY OF EULESS 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 EULESS: Section 1. That the Mayor and City Secretary are au- thorized 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. AMENDATORY WATER SUPPLY CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of EULESS, Texas (the ''City ") has duly executed and entered into a Contract as of January 21, 1972,*and amended as of January 22, 1975, with Trinity River Authority of Texas (the "Authority ") provid- ing for a supply of treated water to the City (the "Contract "), to which Contract reference is hereby made for all purposes; and WHEREAS, the Contract in several places refers to a water supply contract (which was effective as of July 27; 1971), 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 aforesaid existing raw water supply con- tract, provide 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 ", 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 author- ized by the Board of Directors of the Authority. If such new contract is executed, it shall supersede the existing raw water supply contracts between the Author- ity 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 Main- tenance Expenses attributable to obtaining,a raw water 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 provid- ed 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 re- main 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 5th day of December, 1979. TRINITY RIVER AUTHORITY OF TEXAS by General Manager ATTEST: Secretary (AUTHORITY SEAL) CITY OF EULESS, TEXAS by ATTEST: City' Sec etary (CITY SEAL) 40.)e.44.1444e4■ Mayor