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HomeMy WebLinkAbout371 03-10-1970ORDINANCE NO. 371 AN ORDINANCE AUTHORIZING THE MAKING OF A CONTRACT BETWEEN THE CITY OF EULESS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS; PRESCI-IBING THE FORM OF SAID CONTRACT; ORDAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. THE STATE OF TEXAS COUNTY OF TARRANT CITY OF EULESS WHEREAS, it is desirable and necessary for the City of Euless, Texas, to enter into a contract with Trinity River Authority of Texas for the purpose of providing sewage disposal services to said City; and WHEREAS, this ordinance must be passed as an emergency measure; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS : Section 1. This City shall enter into a contract with Trinity River Authority of Texas in. substantially the form attached hereto and made a part hereof_ for all purposes. Section 2. That the said contract shall be signed on behalf of this City by its Mayor and attested by the City Secretary. Section 3. This ordinance is hereby declared to be an emergency measure and is passed as such for the immediate preservation of the public peace, health. or safety of the citizens of the City of Euless, Texas. Section 4. All ordinances or resolutions in conflict herewith•ar_e hereby expressly repealed. PASSED AN AT'CES� _. City Secretary, CA-Cy of Euless, (C I'1 F)EAT,) D APPROVED this 10th day of March, 1970. Mayor, City of Euless, T�as D FOT'�i D Lr1'uALI 1'Y Texas City Att rnoy, City of Euless...._,. `s<�. s r --1. STATE OF TEXAS COUNTY OF TARRA.NT . THIS CONTRACT made and entered into as of the 15th day of January, 1970, by and between the Trinity River Authority of Texas (herein called "Authority ") and the City of Euless, Texas (hereinafter called "City "), acting under the laws of the State of Texas; W I T N E S S E T H: WHEREAS, Authority and City have heretofore entered into a contract dated as of the 18th day of July, 1969 (herein- called "Original Contract ") under which Authority will provide sewage disposal services for City; and WHEREAS, said Original Contract should be amended to give more flexibility as to where the facilities to be constructed by Authority to provide sewage disposal services for City should be physically located, and to properly reflect payments due under said Contract; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: Section 1. This contract shall be amendatory of the Original Contract and the parties hereto, by execution hereof, ratify and affirm the provisions of the Original. Contract, as amended hereby. Section 2. Section 1(a) of the Original Contract is hereby amended so that hereafter it shall read as follows: "Section 1. Construction of Facilities by Authority. "(a) Authority will design, construct, own, maintain and operate a sewage interceptor (hereinafter called "Interceptor") to be designed, constructed and located in accordance with Phase II of the Engineering Report as such Engineering Report may be changed, amended or supplemented by mutual consent of the staffs of the parties to this contract at any time prior to the award of construction contracts by Authority and subject to any change orders which may be issued by Authority's consulting engineers after award of construction contracts for the Interceptor." Section 3. Section 5(c) of the Original Contract is hereby amended so that hereafter it shall read as follows- "Section 5. Payments to Authority. "(c) 1 /12th of the annual principal and interest requirements on Bonds issued hereunder to finance City's participation in the cost of acquiring the facilities contemplated hereunder, as determined by Authority. The first payment under this subsection attributable to Trinity River Authority of Texas (Bear Creek Project) Revenue Bonds, Series 1969C, shall be due on or before the 10th day of °the 24th month after the month in which said Series 1969C Bonds are dated. The first payment under this subsection attribu- table to Trinity River Authority of Texas (Bear Creek Project) Revenue Bonds, Series 1970, shall be due on or before the 10th day of the 6th month after said Series 1970 Bonds are dated. The City shall have a 20.62% equity in the capacity of Phase I and Phase II of the Interceptor." w �\ IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written. TRINITY RIVER AUTHORITY OF TEXAS BY _ General Manager ATTEST. Secretary ( AUTHORITY SEAL) CITY OF EULESS, TEXAS BY Mayor ATTEST: City Secretary AS TO FORD/ANP LEGALITY: City Attorney CITY SEAL) ...,_: __ CE!:! 1r. I_C l,l, I;C,ti (}tlii \.�','`; is :`.���'I. %�i� -1 i_i:vf' A Cv'iV` TRACT JIET JL I:_1� rf %'._Y , _. _.1 ,'j J Af - 1 1 i1 OF ri° rr i � , ; � T z AND CITY iT F EUL�IE', ;i), �L . rf-1ti j P11,',S>,_,)_i_1_BI_NU� Ij' O-ILM Ti�T�' CONS, I "•,(. ; 1 %J�3 %[i�1V!_1 \lJ OJ_t ;\ i�S.�11i 101(1%:) lila_�l�. -14" tii TtIT: SUI>J1.C`�'; AND 1D CLA,I li'C �?N 'TiJI:.Cr,NCY® _ ._..__. TITILI S`TI�TE Or Ti ` ? S COUs 1: r" OF DALLAS CIT`x 01=' EULESS We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR 1,111];E TING ON THE 10TH DAY OF MARCH, 1970, at the City Hall, and the roll was called of the duly constituted officers and membcrs of said City Council, to-wit: Albert C. Krause, Mayor_ Mrs. Vada Ferris, City Secretar_­y' J. Dwain Wilcox Frank Douglass Harold Copher_ Don R. Warren Da.z). L. Shull. and all of said persons were present, except the following absentees: __ Councilman Don Warren .has cor.�stiEi-ing a c1uoLOa.; Wh�rev.pon, among other business, the following was transacted at said Meeting: The Mayor presented for the consideration of the City Council an ordinance bearing the following caption, to-wit: ORDINANCE NO, 371 "AN 0 IDTNANME, AUTI Of,1Z _i_ NG THE M `JKT. NG' OF A CO'NTP .CT THE CITY OF EULESS, TEXAS, AN_O TRINITY RIVL,R AitTTHOR1 -'y OF TEXAS; PRESCRIBING THE Fort 1 OF SAID CONTRACT; 011DAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY" Counc ilman _Copher _ _ _ moved that the ordinance be fi.,i.al.l y passed as an emorgency measure. The motion was seconded by Couric ilman W i -1 cox and carried by the fol lowi n- vote: AYES: All members of said City Council shown present above voted "Aye ". NAYS: None. The Mayor announced that the ordinance had been finally passed and adopted as an emergency measure and was effective irame di ately. 2. That a true, full and correct copy of the aforesaid ord-inance passed at: the Meeting; described in the above - and fore- going p`.rLgr.aph is attached to and follows this certificate; that said ordinance has been duly recorded in said City Councils minutes of said itijceting; that the abo�re and foregoing paragraph is a true, full and correct excerpt front said City Council's minutes of said Meet i_ng pertainiri- to the passage of said ordinance; that t.ha persons nai-aed in the above and foregoin' paragraph are th, duly chosen, qualified and acting officers and members of said C :it:y Council as indicated therein; that each of the officers and r- .embers of said Ci ..y Co racil. was duly and sUif -- fi -c e.—at.ly notified off- i_cially and personally in. advance, of the tide, place and purpose of the <,for"esa.Ld M eti_rg, and tnat. said t, ordinance would be introduced and consi_cered for passage at said Meeting, and each of said officers and members consented, in adwmce, to the holding of said Meeting for such and that said M eti_mg was op ni to the public as required by law; and that public notice of the time, place mind purpose of said Meeting ti:7as given as required by Chapter 227,,Acts of the 61st Legislature, Regular Session, 1969. (SEAL) SIGNED AND SEALED the 10th day of March, 1970. City Secretary Mayor d The original of this Contract is on file with other executed contracts pertaining Bear Creek Interceptor and existing sewer lines.