HomeMy WebLinkAboutResolution 2017-040 RESOLUTION NO. 2017-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS AUTHORIZING EXECUTION OF THE
SECOND AMENDMENT TO THE WASTEWATER
TRANSPORTATION CONTRACT (WALKER-CALLOWAY
SYSTEM) WITH TRINITY RIVER AUTHORITY OF TEXAS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On April 18, 1969, the City of North Richland Hills and the City of Hurst
(collectively the Cities) entered into separate agreements (Initial
Contracts) with Trinity River Authority of Texas (Authority) for the Authority
to issue revenue bonds and construct the Walker-Calloway Branch Outfall
Trunk Sewer System (System) for the transportation, treatment and
disposal of sanitary sewage and other waste for the Cities; and
WHEREAS, Pursuant to the Initial Contracts, the Authority constructed the
infrastructure and all of the Authority's bonds issued to construct the
System have been paid in full; and
WHEREAS, On October 24, 2001, the Cities and the Authority subsequently entered
into a contract (Contract) whereby the Authority agreed to continue
providing, and the Cities agreed to pay for, transportation and treatment of
the Cities wastewater by a 3rd entity, including all operation and
maintenance charges for the System; and
WHEREAS, On January 27, 2017, the Cities authorized the First Amendment to the
Contract to provide a means for the security and payment of Bonds to be
issued in one or more series for improvements, enlargements,
modifications, and extensions to the System; and
WHEREAS, The Contract expires on December 2, 2017 and the Cities and the
Authority desire to enter into a new agreement for maintenance and
operation of the System moving forward; and
WHEREAS, The Cities and the Authority now deem it necessary to amend the Contract
a second time to extend the expiration date for the Contract to allow
adequate time for review and comment on the proposed new agreement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That, for and on behalf of the City of North Richland Hills, Texas (City), the
Mayor, the City Manager, or Assistant City Manager is hereby authorized
and directed to execute and deliver, and the City Secretary of the City is
hereby authorized and directed to sign, attest, and seal, the "TRINITY
RIVER AUTHORITY OF TEXAS SECOND AMENDMENT TO
WASTEWATER TRANSPORTATION CONTRACT (WALKER-
Resolution 2017-040
Page 1 of 2
CALLOWAY SYSTEM)" (Second Amendment) in substantially the form
and substance attached to this Resolution and made a part hereof for all
purposes.
SECTION 2. That, upon its execution by the parties thereto, the Second Amendment
shall be binding upon the City in accordance with its terms and provisions
and the appropriate officials of the City are authorized and directed to take
any and all action, to execute and deliver any and all documentation and
to perform any and all functions as may be necessary or appropriate
according to the terms of the Second Amendment.
SECTION 3. That this Resolution shall take effect and be in full force and effect from
and after the date of its adoption, and it is so resolved; and all resolutions
of the City Council of the City in conflict herewith are hereby amended or
repealed to the extent of such conflict.
PASSED AND APPROVED this the 2nd day of October, 2017.
CITY • O'411 RIC- LAND HILLS
By: Jeff,
Oscar Prvi:140:, Mayor
ATTEST: a"4L�CHuu!b� �
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Alicia Richardson, City Secrefi •. h 'yr
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mono,
APPROVED AS TO FORM AND LEGALITY:
ilAtOditiVAAIQ
Maleshia B. McGinnis, City Attorney
Resolution 2017-040
Page 2 of 2
CERTIFICATE FOR RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION
OF THE SECOND AMENDMENT TO TRINITY RIVER AUTHORITY OF TEXAS
WASTEWATER TRANSPORTATION CONTRACT (WALKER-CALLOWAY SYSTEM),
AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AGREEMENT
THE STATE OF TEXAS
TARRANT COUNTY
CITY OF NORTH RICHLAND HILLS
I, the undersigned, City Secretary of the City of North Richland Hills, Texas, hereby
certify as follows:
1. The City Council of the City of North Richland Hills convened in REGULAR
MEETING ON October 2, 2017, in the City Council Chamber in the City Hall, and the roll was
called of the duly constituted officers and members of said City Council,to-wit:
Oscar Trevino, Mayor Scott Turnage, Mayor Pro Tem, Place 6
Tito Rodriguez, Place 1 Rita Wright Oujesky, Place 2
Tom Lombard, Place 3 Tim Barth,Place 4
Mike Benton, Place 5 Tim Welch, Place 7
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 AND DIRECTING THE EXECUTION OF THE SECOND
AMENDMENT TO TRINITY RIVER AUTHORITY OF TEXAS WASTEWATER
TRANSPORTATION CONTRACT (WALKER-CALLOWAY SYSTEM), AND PROVIDING
FOR THE EFFECT OF SAID RESOLUTION AND AGREEMENT
was duly introduced for the consideration of said City Council and duly read. 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 with all members present
voting "AYE" except the following:
NAYS: , ABSTENTIONS: '
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 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 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; and 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 Resolution would be introduced
and considered for adoption at said Meeting; 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
Chapter 551, Texas Government Code.
SIGNED AND SEALED ON 0,76ber , 2017.
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Ltei,
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Alicia Richardson
City Secretary
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(ctar SEAT)
City Secretary Office
Official Record Copy
TRINITY RIVER AUTHORITY OF TEXAS
SECOND AMENDMENT TO WASTEWATER TRANSPORTATION CONTRACT
(WALKER-CALLOWAY SYSTEM)
THE STATE OF TEXAS
TRINITY RIVER AUTHORITY OF TEXAS
This Second Amendment to the Wastewater Transportation Contract for the Walker-
Calloway System ("Second Amendment") is made and entered into as of the day of
, 2017, by and between the CITY OF NORTH RICHLAND HILLS, TEXAS
("North Richland Hills"), the CITY OF HURST, TEXAS ("Hurst"), each a municipal
corporation acting under the laws of the State of Texas, and their Home Rule Charters, and the
TRINITY RIVER AUTHORITY OF TEXAS ("Authority"), a conservation and reclamation
district and political subdivision of the State of Texas created and functioning under Article 16,
Section 59, of the Texas Constitution, pursuant to Chapter 518, Acts of the 54th Legislature of
the State of Texas, Regular Session, 1955, as amended ("Authority Act"). Hurst and North
Richland Hills are individually referred to herein as a "City" and collectively referred to herein as
the "Cities."
The Cities and Authority acknowledge that this Second Amendment is made and entered
into subject to the terms, covenants and conditions of the Wholesale Wastewater Contract
between the Authority, the Cities and the City of Fort Worth ("Fort Worth"), dated December 2,
1987 ("Wholesale Wastewater Contract"). The Wholesale Wastewater Contract is incorporated
into this Second Amendment by reference as if quoted herein and for all purposes and remains in
full force and effect.
RECITALS
WHEREAS, the Cities previously entered into separate contracts with the Authority, both
dated April 18, 1969 ("Initial Contracts"), for the Authority's issuance of revenue bonds and
construction of the Walker-Calloway Branch Outfall Trunk Sewer System for the transportation,
treatment and disposal of sanitary sewage, industrial waste and other wastes and treatment of
Cities wastewater("System");
WHEREAS, the wastewater treatment services are subject to the Wholesale Wastewater
Contract;
WHEREAS, the Authority has constructed the necessary infrastructure for the System
which connect into a wastewater pipeline owned by Fort Worth and all of the Authority's
revenue bonds issued to construct the System have been paid in full and are no longer
outstanding and the Initial Contracts expired according to its terms;
WHEREAS, on October 24, 2001, the Cities and the Authority entered into a contract
("Contract") whereby the Authority agreed to continue providing, and the Cities agreed to pay
for transportation of Cities wastewater, and treatment of Cities wastewater by Fort Worth under
1
terms of the Wholesale Wastewater Contract and to pay the Authority all operation and
maintenance charges for the System;
WHEREAS, as the System has been constructed, improved and expanded to date, the
Authority and the Cities anticipate further construction, improvement and expansion projects
which will be financed through the issuance of the Bonds by the Authority (as hereinafter
defined);
WHEREAS, the Cities and the Authority have previously entered into a First
Amendment to Wastewater Transportation Contract (Walker-Calloway System), dated February
20, 2017 (the "First Amendment") in order to provide a means for the security and payment of
Bonds to be issued in one or more series for improvements, enlargements, modifications and
extensions to the System, and which First Amendment remains in full force and effect;
WHEREAS, the Contract expires on December 2, 2017; however the First Amendment
provides that upon issuance of Bonds, "the Contract, as amended, shall continue in full force and
effect while any Bonds are outstanding";
WHEREAS, the issuance of the first series of Bonds will not be completed prior to the
December 2, 2017 expiration date;
WHEREAS, the Cities and the Authority deem it necessary and desirable to enter into
this Second Amendment to the Contract to extend the expiration date of the Contract to allow for
the issuance of Bonds for System improvements;
WHEREAS, the Cities and the Authority are authorized to make and enter into this
Second Amendment under the Authority Act and other applicable laws;
WHEREAS, this preamble is made a part of this Second Amendment for all purposes;
WHEREAS, the Contract and the First Amendment shall remain in full force and effect
in accordance with their terms except as amended by this Second Amendment;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Authority agrees to issue Bonds from time to time for improvements,
enlargements, modifications and extensions to the System under the Contract, as amended, and
the Cities agrees to make payments on the Bonds as provided in the Contract, the First
Amendment and the Second Amendment and continue to make payments for Operation and
Maintenance Expenses, as defined in the Contract, as provided therein.
Section 1. Section 3 of the First Amendment, which amended Section 2.01 of the
Contract in its entirety, is hereby amended in its entirety as follows:
"Section 3. TERM. "2.01. TERM" of the Contract is hereby amended in its
entirety as follows:
2
2.01 Term. This Contract shall continue in full force and effect until December 2, 2018
and thereafter while any Bonds are outstanding. Notwithstanding Section 9.01, no
modification of this Contract may be made while Bonds are outstanding unless the
Contract, as proposed to be modified, makes provisions for the full and prompt
repayment of all Bonds issued for the System."
Section 2. The effective date of this Second Amendment shall be November 1, 2017.
Following its effective date and notwithstanding Section 1 hereof, the Contract, the First
Amendment and the Second Amendment shall continue in full force and effect while any Bonds
are outstanding. It is understood by the Authority and the Cities that the First Amendment has
been entered into, and this Second Amendment is being entered into, to allow for the issuance of
Bonds for improvements, enlargements, extensions and modifications to the System and with the
knowledge and belief that the Wholesale Wastewater Contract and the Contract, as amended,
will be amended, modified or supplemented. Notwithstanding Section 9.01 of the Contract, no
modification of the Contract, as amended, may be made while Bonds are outstanding unless the
Contract, as amended, as proposed to be modified, makes provisions to allow for the Authority's
full and prompt repayment of all Bonds.
Section 3. If any provision of the Contract, the First Amendment or the Second
Amendment shall be held or deemed to be or shall, in fact, be invalid, inoperative or
unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all
jurisdictions because it conflicts with any provisions of any Constitution, statute, rule of public
policy, or any other reason, such circumstances shall not have the effect of rendering the
provision in question invalid, inoperative or unenforceable in any other case or circumstance, or
of rendering any other provision or provisions of the Contract, the First Amendment or Second
Amendment invalid, inoperative or unenforceable to any extent whatever.
[The balance of this page is intentionally left blank.]
3
IN WITNESS WHEREOF, the Authority and the Cities, acting under authority of their
respective governing bodies, have caused this Second Amendment to be duly executed in several
counterparts, each of which shall constitute an original.
TRINITY RIVER AUTHORITY OF TEXAS
By).
Jin Ward; General Manager
• Ti ST
4111, - 0
0. ; d Slo•odin; Secretary
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• •; CITY OF HURST, TEXAS•
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Title
ATTEST:
City Secretary
CITY OF NORTH RICHLAND HILLS, TEXAS
By Ith..404____19 (M,__
Mark Hindman, City Manager
Ce.kbe l9, x/7
Date:
ATTEST: APPROVED TO FORM AND LEGALITY:
VAA-
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Alicia Richardson, City°Secretary ' '' Maleshia B. McGinnis, City Attorney
N R H Council Action 0 N
Date Approved 10 oa _c I7
Agenda No. E.
4 `/
Ord/ ' �o. f 7-CLO
IN WITNESS WHEREOF, the Authority and the Cities, acting under authority of their
respective governing bodies, have caused this Second Amendment to be duly executed in several
counterparts, each of which shall constitute an original.
TRINITY RIVER AUTHORITY OF TEXAS
J vin Ward; General Manager
• T ' S .
• w
rd Slobog i, etary
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i
Cc:'
A .-
• = CITY OF HURST, TEXAS
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'Ii,, * ��� Nam- i !'i /0///
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Titl,
ATTEST:
City Secretary
CITY OF NORTH RICHLAND HILLS, TEXAS
By
Name
Title
ATTEST:
City Secretary
4
CERTIFICATE FOR RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION
OF THE SECOND AMENDMENT TO TRINITY RIVER AUTHORITY OF TEXAS
WASTEWATER TRANSPORTATION CONTRACT (WALKER-CALLOWAY SYSTEM),
AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AGREEMENT
THE STATE OF TEXAS
TARRANT COUNTY
CITY OF NORTH RICHLAND HILLS
I, the undersigned, City Secretary of the City of North Richland Hills, Texas, hereby
certify as follows:
1. The City Council of the City of North Richland Hills convened in REGULAR
MEETING ON October 2, 2017, in the City Council Chamber in the City Hall, and the roll was
called of the duly constituted officers and members of said City Council, to-wit:
Oscar Trevino, Mayor Scott Turnage, Mayor Pro Tem, Place 6
Tito Rodriguez, Place 1 Rita Wright Oujesky, Place 2
Tom Lombard, Place 3 Tim Barth, Place 4
Mike Benton, Place 5 Tim Welch, Place 7
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 AND DIRECTING THE EXECUTION OF THE SECOND
AMENDMENT TO TRINITY RIVER AUTHORITY OF TEXAS WASTEWATER
TRANSPORTATION CONTRACT (WALKER-CALLOWAY SYSTEM), AND PROVIDING
FOR THE EFFECT OF SAID RESOLUTION AND AGREEMENT
was duly introduced for the consideration of said City Council and duly read. 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 with all members present
voting "AYE" except the following:
NAYS: ABSTENTIONS: *g(
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 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 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; and 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 Resolution would be introduced
and considered for adoption at said Meeting; 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
Chapter 551, Texas Government Code.
SIGNED AND SEALED ON r
("),4,,,k)b„er- ��,� , 2017.
Liq,
—Ai—#.1 c,' ,�'
Alicia Richardson
City Secretary
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