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:
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Ci Secretary
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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:
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~ary, Board of Directors
(SEAL)
(Page 3 of 4)
CITY OF FORT WORTH, TEXAS
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City Manager .
ATTEST~
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C'ity Secretary
(CITY SEAL)
APPROVED AS TO FORM AND LEGALITY
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CITY OF KELLER, TEXAS
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City Manager
ATTEST:
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City Secretary
(CITY SEAL)
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Mãyor
ATTEST:
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City Secretary
(CITY SEAL)
CITY OF NORTH RICHLAND HILLS, TEXAS
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Mayor -
ATTEST:
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Cit~ ecretary
(CITY SEAL)
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Contraot Authõ1zq1on
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Date
(Page 4 of 4)