HomeMy WebLinkAbout486 05-13-1975ORDINANCE NO. 486
AN ORDINANCE AUTHORIZING THE MAKING OF A
CONTRACT BETWEEN THE CITY OF EULESS, TEXAS,
AND TRINITY RIVER AUTHORITY OF TEXAS; PRE-
SCRIBING 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; and
WHEREAS, the execution of such contract should be
authorized by this City Council; 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 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. That the ordinance heretofore passed on
April 22, 1975, authorizing a contract with the Trinity River
Authority of Texas, is hereby repealed and rescinded.
PASSED AND APPROVED this 13th day of May, 1975.
24tt&eoe.
Mayor, City of Euless, Texas�
ATTEST:
City Secretary, City o
Euless, Texas
A PROVE'p S ND Y• "
City Attorney, City of Euless,
Texas
(SEAL)
CERTIFICATE FOR ORDINANCE
AUTHORIZING CONTRACT
THE S'L'ATE 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 convened in
REGULAR MEETING ON THE 13TH DAY OF MAY, 1975,
at the City Hall, and the roll was called of the duly consti-
tuted officers and members of said City Council, to -wit:
Harold Samuels - Mayor
Mrs. Willie Mae McCormick - Mayor Pro Lem
Councilman Charles Hunt
Councilman Wayne Wright
Councilman Ray Ozebek
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:
The Mayor presented for the consideration of the City
Council an ordinance bearing the following caption, to -wit:
"AN ORDINANCE AUTHORIZING THE MAKING OF A CONTRACT
BETWEEN THE CITY OF EULESS, TEXAS, AND TRINITY
RIVER AUTHORITY OF TEXAS; PRESCRIBING THE FORM OF
SAID CONTRACT; ORDAINING OTHER PROVISIONS RELATING
TO THE SUBJECT; AND DECLARING AN EMERGENCY"
Counc i I pe rson Willie Mae McCormick moved that the ordinance be
finally passed as an emergency measure. The motion was
seconded by Councilman Hunt and.carried by the
following 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 immediately6
2. That a true, full and correct copy of the aforesaid
ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this certifi-
cate; that said ordinance 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's minutes of said Meeting pertaining to
the passage of said ordinance, 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 sufficiently
notified officially and personally in advance, of the time,
place and purpose of the aforesaid Meeting, and that said
ordinance would be introduced and considered for passage
at said Meeting, and each of said officers and members con-
sented, 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.
Stat. Article 6252 -17.
SIGNED AND SEALED the 13th day of May, 1975.
City Secretary Mayor
(SEAL)
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
WHEREAS, the City of Euless (hereinafter called
"City ") has heretofore entered into a contract with Trinity
River Authority of Texas (hereinafter called "Authority ") for
the transportation, treatment and disposal of wastewater of
City; and
WHEREAS, it is necessary and desirable that City
enter into another contract with the Authority regarding waste-
water transportation, treatment and disposal services;
NOW, THEREFORE, THE CITY OF EULESS AND TRINITY RIVER
AUTHORITY OF TEXAS DO HEREBY CONTRACT AND AGREE AS FOLLOWS:
to The Authority hereby agrees to construct the
facilities for the transportation, treatment and disposal of
wastewater described in an engineering report entitled Engineering
Report on Little Bear Creek Interceptor dated April, 1975,
prepared by Knowlton, Ratliff, English and Flowers. By the
construction of said facilities the Authority will provide addi-
tional services to City.
20 For the additional services to be rendered to City
with the facilities to be constructed hereunder, City agrees to
pay to the Authority, in addition to monthly payments now due
Authority from City, the amount of $150,000. Fifteen percent
(15 %) of said amount shall be deposited with Authority at the time
of execution of this contract and the balance shall be deposited
with Authority prior to the awarding of construction contracts
for the facilities specified in the Engineering Report heretofore
described. It is expressly understood and agreed that any
obligation on the part of the Authority to commence construction
of said facilities shall be conditioned upon City's making the
payments provided in this section and contributions and financing
as required in contracts with the Cities of Bedford, Nor.th
Richland Hills, Hurst and Colleyvilleo
3, This contract is supplemental to any existing
contract or contracts between the Authority and City on the
subject matter herein contained and the quality and quantity
requirements and other provisions relating to the transportation,
treatment and disposal of wastewater for City shall apply and are
hereby adopted by reference as though set out herein in their
en ti re'ty
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 28th day of
May, 1975,
TRINITY RIVER AUTHORITY OF TEXAS
BY
David H. Brune, General Manager
ATTEST:
Secretary, Board of Directors
(SEAL)
CITY OF EULESSS,�JTEXXAA%S
BY
Mayor
ATTEST:
City Secretary
(SEAL)