22-R-09 - Interlocal Agreement Amendment with SARA & SchertzRESOLUTION NO. 22 -R -09
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 "Amendment ").
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 4th day of January, 2021.
ATTEST:
1�
I �.
;cretary
CITY OF SCHERTZ, TEXAS
- �/- _
R4 p Gu z, Mayor
EXHIBIT A
INTERLOCAL
AGREEMENT
AMENDMENT
A -1
AMENDMENT NUMBER 5 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. 5 (the "Amendment "), is made and entered into as of the 4th day of January
2022, 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 V of the Agreement is replaced and superseded by the following new Section V
V. CHARGES
City shall make payments to River Authority for (i) sewage transportation, treatment and
disposal, (ii) fees included in the River Authority's industrial waste control ordinance, including extra
strength sewage treatment, (iii) industrial cost recovery, and (iv) for any other expenditures which are
the responsibility of City under this Agreement. The initial wholesale charges to City for sewage
transportation, treatment and disposal; the charges for extra strength wastes; and the industrial cost
recovery charges to be charged to City shall be based on Wholesale Customer Charge Schedule as
shown in the attached Exhibit "C ".
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River Authority shall charge and collect connection fees and impact fees in areas where the
River Authority Wastewater Treatment System provides sewage transportation, treatment, and
disposal.
River Authority will adjust its charges to the City annually, on July 1 of each calendar year. On
or before May 1 of each year, River Authority will give written notice to City of the charges for the
following year. River Authority shall not be responsible to City or its customers for any issues related
to customer billings.
Within thirty days of the close of each calendar month, a statement of aeeeunt connections and
the payments called for in this Agreement shall be forwarded to River Authority by City. By June 1
of each calendar year, City shall provide a listing of connections served by address to River Authority.
River Authority shall have the right to verify and audit reported connections. Delinquent payments
to River Authority shall incur a penalty based on State of Texas Prompt Payment Act.
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 4th day of January 2022.
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SAN ANTONIO RIVER AUTHORITY
Derek Boese, JD, PMP, General Manager
ATTEST:
Stephen T. Graham, Assistant General Manager
APPROVED AS TO FORM:
Allison Elder, Director of Legal Services
CITY OF SCI I RTZ, TEXAS
Name: Mark Browne
Title: City Manager
ATTEST:
Name:
Title:
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