Loading...
20-R-28 - Interlocal Agreement Amendment between City of Schertz and San Antonio River Authority for Sewage Transporation...RESOLUTION NO. 20 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN INTERLOCAL AGREEMENT AMENDMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL IN SOUTHERN SCHERTZ AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City amend an Interlocal Agreement with San Antonio River Authority for Sewage Transportation, Treatment, and Disposal; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the San Antonio River Authority holds the Certificate of Convenience and Necessity for Sewer Service in the Southern Schertz area; and WHEREAS, the staff of the City of Schertz has met with the San Antonio River Authority and negotiated the terms of the Amended Interlocal Agreement; and WHEREAS, the City of Schertz holds a dual Certificate of Convenience and Necessity with the Public Utility Commission; and WHEREAS, one of the requirements of the dual Certificate of Convenience and Necessity with e Public Utility Commission is an Interlocal Agreement between the City of Schertz and San Antonio River Authority; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Interlocal Agreement with the San Antonio River Authority for Sewage Transportation, Treatment, and Disposal attached hereto as Exhibit A (the "Agreement"). 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 Agreement with the San Antonio River Authority. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. PASSED AND ADOPTED, this 10th day of March, 2020. CITY OF 1 TE;WkS . /.►r T ATTEST: Brener Dennis, City Secretary EXHIBIT A INTERLOCAL AGREEMENT A -1 AMENDMENT NUMBER 4 TO THE INTERLOCAL AGREEMENT BETWEEN STATE OF TEXAS § THE SAN ANTONIO RIVER AUTHORITY § AND THE CITY OF SCHERTZ, TEXAS, FOR WASTEWATER TRANSPORTATION, COUNTY OF BEXAR § TREATMENT AND DISPOSAL This Amendment No. 4 (the "Amendment "), is made and entered into as of the 18th day of March, 2020, by and between the City of Schertz, a Texas municipal corporation (hereinafter referred to as "CITY"), and the San Antonio River Authority, a conservation and reclamation district (hereafter referred to as "RIVER AUTHORITY ") headquartered in San Antonio, Texas. WHEREAS, the RIVER AUTHORITY and CITY entered into an Interlocal Agreement effective as of March 24, 2015 (the "Agreement ") providing that the RIVER AUTHORITY shall transport, treat and dispose of the wastewater of CITY, a wholesale customer of the RIVER AUTHORITY; and WHEREAS, the CITY desires to serve the geographic area supported by RIVER AUTHORITY and RIVER AUTHORITY is willing and able to provide such services; and NOW, THEREFORE, the PARTIES hereto, in consideration of the mutual AGREEMENTS and undertakings hereinafter set forth, hereby contract and agree as follows: CITY and RIVER AUTHORITY agree to amend the Agreement as follows: Section H is amended to add the following: CITY agrees to continuously accept sewage from RIVER AUTHORITY at the Point of Entry along Boenig Drive as identified EXHIBIT A — Revised. EXHIBIT A to the Agreement is deleted in its entirety and replaced with the attached new EXHIBIT A- Revised. IN WITNESS WHEREOF, the PARTIES hereto, acting under the authority of their respective governing bodies, have caused this contract to be duly executed in several counterparts, each of which, shall constitute an original, as of this 18a' day of March, 2020. Page 1 of 2 SAN ANTONIO RIVER AUTHORITY Suzanne B. Scott, General Manager ATTEST: Stephen T. Graham, Assistant General Manager APPROVED AS TO FORM: Allison Elder, Director of Legal Services CITY OF SCHERTZ, TEXAS Name: Mark Browne Title: City Manager ATTEST: Name: Title: Page 2 of 2 EXHIBIT A REVISED N � WARE�FGU�jy RO m° o CONVERSE 0 jj SAN ANTONIO W DIVER AUTHO TY River Authority Point of Entry G� COSA N G��OWN RD � �`y�cl► 4. �q5 �OV 2 4 3 a c°t ;105 � 3 f SCFNjC �kE DR N'" A i SCH ERTZ Schertz Point of Entry as per original agreement. s r Legend Schertz_Entry_Points SARA_Entry_Points g f SARA_SS 10 Schertz Sewer Main DischYner. SANANTONIO 1,300 {� N n (� 650 0 1,300 Feet The 318 notarial Included with Mh bammghl h made available as a public servi The maps andlor date am h be used tbrmlarenca purposes only. The the _6 / RIVER i1UTl i(JRITY data herein shalt be used and relied upon only at users Bole risk, and the user agrees to indemnity and hold harmkes the San Antonio River hem asblly the Authority, Its oladale and employees any arising out of use of the data or Infiamallon provWed. H Mare are any queslons about the appropriateness of this data, phase avail asMIs@sara4h.org. bV- rrodriptlP7