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HomeMy WebLinkAboutResolution 1980-025 RESOLUTION 80-25 WHEREAS, the Trinty River Authority has heretofore passed Resolution R-390 dealing with the issuance of revenue bonds and, WHEREAS, City Council of the City of North Rich1and Hills, Texas, deems it advisable to adopt and approve the terms of such resolution; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: The terms of Resolution R-390, a copy of which is attached, be and are hereby in all things approved. PASSED AND APPROVED this 28th day of July, 1980. t Mayo Hi 11 5, ATTEST: UA-U North Rich1and City of CERTIFICATE FOR RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS THE STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City duly convened in REGULAR MEETING ON THE 24TH DAY OF ~ßRCH, 1980, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to-wit: Jeanette Moore, City Secretary Dick Faram, Mayor Denver Mills James F. Cato, Mayor Pro-tern Lena Mae Reeder James "Jimn Wood John W. Michener, Jr. Sidney Cavanaugh Dave Freeman 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 AUTHORI.ZINGEXECUTION OFuAN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS was duly introduced for the consideration of said City Council and read in full. 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 by the following vote: AYES: All members of said City Council shown present above voted "Aye". NAYS: None. 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 Coun- cil's minutes of said Meeting; that the above and foregoing para- graph is a true, full, and correct excerpt from said City Coun- cil'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; that each of the officers and members of said City Council was duly and suffi- ciently 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 each of said officers and members consented, 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. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby de- clare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolu- tion for all purposes. SIGNED AND SEALED the 24th day of Marçh, 1980. c;XLj~trm/ Mayor SEAL) ---------------------------------------------------- I, the undersigned, City Attorney of the City of North Richland Hills, Texas, hereby certify that I read and approved ~~st~d~~~~~~:Y the attached and fOl~~~~tO I City Attorney RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS THE STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS WHEREAS, it is necessary and advisable that the City enter into the amendatory water supply contract, hereinafter authorized, with Trinity River Authority of Texas. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: Section 1. That the Mayor and City Secretary are au- thorized and directed, for and on behalf of the City, to date, sign, seal, and otherwise execute an amendatory water supply contract with Trinity River Authority of Texas in substantially the form and substance attached hereto and made a part hereof for all purposes. Section 2. That, upon execution, said amendatory water supply contract shall be binding upon the City for all purposes. Section 3. That this Resolution is effective immediately. ------------------------- AMENDATORY WATER SUPPLY CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of NORTH RICHLAND HILLS, Texas (the "City") has duly executed and entered into a Contract dated as of the 25th day of April, 1979, and amended as of December 5, 1979, with Trinity River Authority of Texas (the "Autho- rity") providing for a supply of treated water to the City (the "Co tract") , to which Contract reference is hereby made for all purposes; and WHEREAS, it is deemed necessary and advisable that sub- section (d) of Section 4C of the Contract be amended. IT IS THEREFORE CONTRACTED AND AGREED BETWEEN TRINITY RIVER AUTHORITY OF TEXAS AND THE CITY: That subsection (d) of Section 4C of the Contract is here- by amended to be and read as follows: "(d) Notwithstanding the foregoing prov~s~ons of this Section 4C, it is agreed that, in addition to City's Annual Payment, and as further consideration for the service to be supplied hereunder, City shall pay to Authority a surcharge of either (i) $3,279.00 per month for 120 months, commencing with the month during which the City is first billed by the Authority for water received under this Contract, or, in lieu of the payments under clause (i), and at the sole option of the City, (ii) the lump sum amount of $393,496.00 in cash, immediately fOllowing the execution and delivery of this Contract, with such payments being necessary to equalize the capital costs already involved in the Project. It is further agreed that if, in the future, the Authority should execute a contract with any Addi- tional Contracting Party, such contract will contain provisions similar to the provisions of this subsection (d) except that the surcharge and total amount set forth above shall be fixed in a fair and equitable manner, as determined by the Authority, to reflect such party's participation in the Project, with the result that the amounts payable by the other cities to which a surcharge applies will be proportionately readjusted. All payments due from the City under clause (i), above, shall be billed separately from each Annual Payment, but shall be paid each month at the same time the other monthly payments are due. All payments under this subsection (d) shall be applied to the payment of that part of each Annual Requirement which otherwise would be paid by the Cities of Bedford and Euless, and shall reduce, to such extent, the annual aggregate amount of each Annual Payment to be made by the Cities of Bedford and Euless." IN WITNESS .WHEREOF, the parties hereto acting under au- thority of their respective governing bodies have caused this ~~endatory Water Supply Contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the 23rd day of April, 1980. TRINITY RIVER AUTHORITY OF TEXAS BY General Manager ATTEST: Secretary (AUTHORITY SEAL) ATTEST: Y;!a-,7Zi~ ~Á J . City Secretary (CITY SEAL) CITY OF NORTH RICHLAND HILLS, TEXAS by ./~~ ç~,.-da1/¡/)7'// i,/, Mayor