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2011-R-25 Amendment to Regional Water Supply ContractRESOLUTION NO. 11-R-25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE REGIONAL WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION AND THE CITY OF CONVERSE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City approve an Amendment Number 1 to the Regional Water Supply Contract (the "Amendment") between the Schertz Seguin Local Government Corporation and the City of Converse; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Amendment in substantially the form attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amendment in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals aze hereby made a paz-t of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or• circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Resolution I 1-R-24.doc PASSED AND ADOPTED, this 3`d day of May, 2011. CITY OF St~HERTZ, TEXAS ATTEST: i h~~ City Secretary (CITY SEAL) ResoWtion ll-R-24.doc EXHIBIT A AMENDMENT NUMBER 1 TO THE REGIONAL WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION AND THE CITY OF CONVERSE Rcsolution l 1-R-24.doc A_ 1 AMENDMENT NUMBER 1 to the REGIONAL WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION (the "Corporation") and the CITY OF CONVERSE, TEXAS (the "Customer") The Corporation and the Customer hereby agree that the following sections of the REGIONAL WATER SUPPLY CONTRACT entered into by the parties are amended to read as follows: Section 1.12. Air Gap. The water delivered by the Corporation to the Customer will be delivered tlu•ough an air gap into Customer's ground storage tank as required by TCEQ rules. Section 2.02. Montlily Payments. As consideration for the service to be provided to Customer under this Agreement, Customer agrees to pay Corporation monthly charges calculated as follows: B. Start Date. Monthly payments will begin the earlier of either: (i) the delivery of water tluough the Point of Delivery or (ii) fourteen months from the Effective Date, unless the delay in the completion of the Point of Delivery is due either (i) solely to the actions or inaction by the City of Schertz or (ii) to force majeure (as described in Section 6.02 of this Agreement), or (iii) Customer is required to use the power of eminent domain to acquire the site necessary for the Point of Delivery. IN WITNESS HEREOF, the parties hereto acting under authority of their respective governing bodies have caused this AMENDMENT NUMBER 1 to the REGIONAL WATER SUPPLY CONTRACT BF,TWF.F,N THF. S('HFRT7. ~Frrrrr>\r r.nrnr rnvFU>\rt`~rFr.,T CORPORATION (the "Corporation") and the CITY OF CONVERSE, TEXAS (the "Customer") to be duly executed as of the day and year written below. Date: } I Attest: SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION By: President, Board of Directors Attest: City Secre ary ~-~~-I Resolution I1-R-24.doc A-z CITY OF CONVERSE, TEXAS By: City anager Attest: y Secretary Attest: `-~~ < If l iGG~t ~G~~ City Secretary (~ CITY OF SCHERTZ, TEXAS By: City Manager CITY OF SEGUIN, TEXAS By: 1 ~~ . City Manager Resolution 11-R-24.doc A-3