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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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