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HomeMy WebLinkAboutResolution 1990-008 RESOLUTION NO. 90-08 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby, authorized to execute the attached agreement with the Trinity River Authority of Texas concerning the Big Bear Creek Interceptor Extension Project as the act and deed of this City. PASSED AND APPROVED this 26TH day of February, 1990. APPROVED: ATTEST: ~¿~~ Ci Secretary Atto TRINITY RIVER AUTHORITY OF TEXAS BIG BEAR CREEK INTERCEPTOR EXTENSION PROJECT AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT This Agreement is made by and between the Trinity River Authority of Texas (hereinafter called "AUTHORITY"), a governmental agency, conservation and reclamation district and body politic and corporate, created by Chapter 51B, Acts of Regular Session of the 54th Texas Legislature pursuant to Article XVI, Section 59 of the Texas Constitution, with its principal office at 5300 South Collins, Arlington, Tarrant C~unty, Texas and the Cities of Fort Worth, Keller, North Richland Hills, and Southlake, Texas (hereinafter collectively called "CITIES"), each of which being home-rule municipal corporations of Tarrant County, Texas, with principal offices located within their respective jurisdictions in Tarrant County, Texas. WIT N E SSE T H: WHEREAS, AUTHORITY owns and operates the Central ~egional Wastewater System (hereinafter called "SYSTEM"), which provides for the transportation and treatment of wastewater flows generated within all or parts of twenty (20) Contracting Parties, four of which are the CITIES; and WHEREAS, AUTHORITY has entered into a separate Contract dated the 25th day of February, 1987, with CITIES which provides for AUTHORITY'S financing, design, land acquisition, and construction of the Big Bear Creek Interceptor Wastewater System Project (hereinafter called "PROJECT"); and WHEREAS, said PROJECT Contract was structured in part to establish a means of proportionately dividing the total costs of the PROJECT based upon each of the CITIES' respective areas lying in the Big Bear Creek drainage area such that each of the CITIES' share of the project costs are defined as follows; (Page 1 of 4) CITY SHARE OF COSTS Fort Worth 25.80% Keller 40.03% North Richland Hi 11 s 0.80% Southlake 33.37%; and WHEREAS, each of the CITIES' share of PROJECT costs are equal to each of the CITIES respective share of capacity in the PROJECT; and WHEREAS, each of the CITIES reserve the right to enter into contracts with any other city or other party of the SYSTEM for the use of any part of the capacity of the PROJECT to which any of the CITIES has a right and which right is not being used, but no such contract shall relieve any of the CITIES of its primary obligation to make the payments to the AUTHORITY required under the PROJECT; and WHEREAS, subject to the terms and provisions of the PROJECT Contract, the AUTHORITY will provide and pay for the cost of the acquisition and construction of the Interceptor System by using its best efforts to issue its Bonds in amounts which will be sufficient to accomplish such purpose, and the AUTHORITY will own the PROJECT and said Contract does not, and was not intended to cover or prescribe any matters relating to the operation and maintenance of the PROJECT and the responsibility and cost thereof was to be contained in other agreements; and WHEREAS, AUTHORITY and CITIES desire the cost distribution for the PROJECT remain the same but that the capacity rights of each of the CITIES be combined and conveyed to AUTHORITY'S SYSTEM, in exchange for which the SYSTEM would assume operation and maintenance responsibilities of the PROJECT as an extension of the SYSTEM Interceptor System; and WHEREAS, this Agreement is to establish the rights, privileges, and obligations of the AUTHORITY and the CITIES regarding the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, CITIES and AUTHORITY hereby agree as follows: (Page 2 of 4) ARTICLE I Each of the CITIES hereby conveys its respective capacity rights in the PROJECT to AUTHORITY as an asset of the AUTHORITY'S SYSTEM, in consideration for which the AUTHORITY'S SYSTEM will operate and maintain the PROJECT for the benefit of the CITIES as an expense of the SYSTEM. ARTICLE II AUTHORITY covenants that it will operate the PROJECT in accordance with requirements of the Federal Water Pollution Control Act, as amended, and as said act may be amended in the future, and any rules and regulations issued and to be issued by appropriate agencies in the administration of the said Act and as stated in the AUTHORITY'S SYSTEM Contracts with the CITIES. ARTICLE II I The AUTHORITY and the CITIES intend that nothing in this AGREEMENT shall be construed to alter any other provisions within the PROJECT Contract and this Agreement shall be construed in harmony with the PROJECT Contract. In addition, the AUTHORITY and CITIES agree that this Agreement shall remain in effect through the term of the CITIES' Contracts for SYSTEM service with the AUTHORITY. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, all as of this o?3ÞV day of ...iJ~ 19fò which is the date of this Agreement. Y OF TEXAS ATTEST: ';:v.- t' ) ~'" ~ary, Board of Directors (SEAL) (Page 3 of 4) CITY OF FORT WORTH, TEXAS ¿:..:.4/ <' City Manager . ATTEST~ $~~~ C'ity Secretary (CITY SEAL) APPROVED AS TO FORM AND LEGALITY .&.+e~~ CITY OF KELLER, TEXAS ~~~~~ City Manager ATTEST: ~~~~/ City Secretary (CITY SEAL) em O~HLA~ /_~ ./ c::::: .--- Mãyor ATTEST: _/}¡¡JÆ¡Ült ~ XtiMI(/!1.AL/ City Secretary (CITY SEAL) CITY OF NORTH RICHLAND HILLS, TEXAS c:::L;.,. · 7 ~, Mayor - ATTEST: ~, -N7J¿ A<,<~ Cit~ ecretary (CITY SEAL) C - f Î-Id.-L Contraot Authõ1zq1on /-3 ' 0 Date (Page 4 of 4)