HomeMy WebLinkAboutOrdinance 8625.~ _4~ ,
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CITY OF FORT WORTH ORDINANCE NO. C5 ~~~ AUTHORIZING AND
DIRECTING THE EXECUTION OF THE "TARRANT COUNTY REGIONAL WATER
SUPPLY FACILITIES AMENDATORY CONTRACT"; PROVIDING FOR A SEVER-
ABILITY CLAUSE; AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
SECTION 1
That, for and on behalf of the City of Fort Worth, the
City Manager of the City of Fort Worth is hereby authorized and
directed to sign, deliver, and otherwise execute, and the City
Secretary of the City of Fort Worth is hereby authorized and
directed. to sign, attest, and seal, the "Tarrant County Regional
Water Supply Facilities Amendatory Contract" in substantially
the form and substance attached to this Ordinance and made a
part hereof for all purposes.
SECTION 2
That, upon its execution, said Contract shall be binding
upon the City of Fort Worth in accordance with its terms and
provisions.
SECTION 3
That should any part, portion, section, or part of a sec-
tion of this Ordinance be declared invalid or inoperative or
void for any reason by a court of competent jurisdiction, such
decision, opinion, or judgment shall in no way affect the re-
maining portions, parts, sections, or parts of sections of this
Ordinance, which provisions shall be, remain, and continue to be
in full force and effect.
SECTION 4
That this Ordinance shall take effect and be in full force
and effect from and after the date of its passage, and it is so
ordained; and all ordinances, resolutions, contracts or agree-
ments of the City of Fort Worth in conflict herewith are hereby
amended or repealed to the extent of such conflict, and all such
ordinances and resolutions, and any such contracts or agreements
authorized thereby, shall be of no further force or effect upon
execution of the Contract attached hereto and made a part hereof,
except as otherwise specifically provided in said Contract attached
hereto.
APPROVED AS TO FORM AND LEGALITY:
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GATE REFERENCE
NUMBER suB~ECT Raw Glater Settlement Contract PAGE
TtON,'pUBUC \^lORKS•5 1
8/24/82 **~C- 6457 ~ o+
INIST•RA'~tvurv~~
On June 22, 1982 (M&C C-6389), the City Council authorized the City Manager to
execute a Settlement Agreement to end the dispute concerning raw water rates
charged by the Tarrant County Water Control and Improvement District No. 1
("District").
By executing the Settlement Agreement, the City of Fort Worth agreed to the terms
of a proposed raw water contract with the District, which will replace the
existing 1979 water contract with the District (City Secretary Contract No 10631)
Final execution of the new contract document was contingent on acceptance of the
terms by the other parties to the contract (Mansfield, Arlington, the Disttrict and
the Trinity River Authority) in order that a pending suit before the Texas Water
Rights Commission ("Commission") be dismissed.
The Commission received the proposed Settlement Agreement, contract and other
documents on June 27, 1982,and provided a 30-day review and comment period prior
to the settlement suit being dismissed The 30-day period has passed with no
adverse comments and the suit before the Commission has been dismissed It is
now appropriate for the contracting parties to adopt ordinances approving the
new contract
The law firm of McCall, Parkhurst and Horton, bond counsel for the District, has
prepared an ordinance for adoption by the contracting parties which will protect
future bond issues of the District
After each of the contracting parties have adopted ordinances or resolutions
authorizing execution of the new contract, each contracting party will execute
the contract
Recommendation
It is recommended that the City Council adopt the attached ordinance authorizing
and directing the City Manager to execute the "Tarrant County Regional Water
Supply Facilities Amendatory Contract," which replaces City Secretary Contract
No 10631
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C~~~' APPROVED BY
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Attachment 1Al
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,~~RE~~~°~ CITY COUNCIL
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At1G ?4 1982
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SUBMITTED FOR 1MG
CITY MANAGER'S
DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING [ OTHER (DESCRIBE)
DEPARTMENT HEAD• ichard awey
CITY SECRETARY
iOR ADDITIONAL INfOBMA~ION
CONTACT B1C11ard Sawey EXt 8 2 - d
DATE