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HomeMy WebLinkAboutResolution 1413 RESOLUTION N0. ~-1~3 AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY f"" RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTEWATER ~' INTERCEPTOR SYSTEM AMENDATORY CONTRACT, AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND AMENDATORY CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION I 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 Trinity River Authority of Texas - Denton Creek Wastewater Interceptor System Amendatory Contract (the "Amendatory Contract") in substantially the form and substance attached to this Resolution and made a part hereof for all purposes. SECTION 2 That, upon its execution by the parties thereto, the Amendatory Contract shall be binding upon the City of Fort Worth in accordance with its terms and provisions. SECTION 3 That this Resolution shall be effective immediately from and after its adoption, and all ordinances and resolutions of the City of Fort Worth in conflict herewith are hereby amended to the extent of such conflict, and any contracts or agreements authorized thereby are hereby amended to the extent of such conflict. RESOLUTION AND AMENDATORY CONTRACT ATTACHED THERETO APPROVED: ~; ~~ ~ty Attorney TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTEWATER INTERCEPTOR SYSTEM AMENDATORY CONTRACT THE STATE OF TEXAS TRINITY RIVER AUTHORITY OF TEXAS THIS TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK • WASTEWATER INTERCEPTOR SYSTEM AMENDATORY CONTRACT (the "Amendatory Contract") made and entered into as of the 26th day of APRIL, 1989 (the'"Contract Date"), by and between TRINITY RIVER AUTHORITY OF TEXAS (the "Authority"), an agency and political subdivision of the State of Texas, being a conserva- tion and reclamation district created and functioning under Article 16, Section .59, of the Texas Constitution, pursuant to Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended (the "Authority Act"), and the following: CITY OF FORT WORTH, IN TARRANT COUNTY, TEXAS, CITY OF HASLET, IN TARRANT COUNTY, TEXAS, and CITY OF ROANOKE, IN DENTON COUNTY, TEXAS, (collectively the "Cities"). W I T N E S S E T H• WHEREAS, each of the Cities is a duly created city and political subdivision of the State of Texas operating under the Constitution and laws of the State of Texas; and WHEREAS, the Authority and the Cities are authorized to enter into this Contract pursuant to the Authority Act, Chapter 30, Texas Water Code, Vernon's Ann. Tex. Civ. St. Article 1 _4413(32c) (the "Interlocal Cooperation Act"), and other appli- cable laws; and . WHEREAS, pursuant to a separate contract dated as of October 28, 1987, the Authority has agreed to acquire, con- struct, own, and operate a regional wastewater treatment system to serve the Cities within the watershed or drainage area of Denton Creek, a tributary of the Trinity River, located in Denton and Tarrant Counties, Texas (the "Regional Wastewater System"); and WHEREAS, such Contract does not provide for the facilities required to transport the Wastewater of the Cities from the Denton Creek drainage area into the Regional Wastewater System; and WHEREAS, under the TRINITY RIVER AUTHORITY OF TEXAS - DENTON CREEK WASTEWATER INTERCEPTOR SYSTEM CONTRACT made and entered into by and between the Authority and the Cities as of October 28, 1987 (the "Interceptor Contract"), the Authority has agreed to acquire and construct the facilities required to transport Wastewater of the Cities from the Denton Creek drainage area into the Regional Wastewater System; and WHEREAS such Wastewater transportation facilities which will serve the Cities (hereinafter called the "Interceptor System") are and will be described in an engineering report of . Rady & Associates, Fort Worth, Texas, entitled "Comprehensive 2 Feasibility Study on Denton Creek Regional Wastewater System", dated August, 1987; and WHEREAS, pursuant to the Interceptor Contract the Authori- ty initially issued the Trinity River Authority of Texas Denton Creek Wastewater Interceptor System Revenue Bonds, Series 1987, in the principal amount of $1,400,000 (the "Series 1987 Bonds") to provide part of the funds required to acquire and construct the Interceptor System; and WHEREAS, the original estimated cost of the Interceptor System of $3,300,000 was considerably low, and it will be necessary for the Authority to issue approximately $5,595,000, whether actually more or less, in principal amount of Bonds • pursuant to the interceptor Contract, as amended by this - Amendatory Contract, in order to refund the Series 1987 Bonds, which were issued on a temporary basis, and to provide the funds in such amounts as are actually required for finally completing the acquisition and construction of the Interceptor System in accordance with the Engineering Report; and WHEREAS, the Cities of Fort Worth and Roanoke are solely responsible for paying the Annual Requirement (debt service and other requirements) in connection with the Series 1987 Bonds issued pursuant to the original Interceptor Contract (91.52$ thereof payable by Fort Worth and 8.48 thereof payable by . Roanoke), with the City of Haslet having paid to the Authority, pursuant to the Interceptor Contract, the sum of $322,545 in 3 cash, to be applied to pay for a 10.44% interest in the capaci- ty of the Interceptor System, based on the original estimated cost thereof, but with provision for an increased payment in cash if the actual cost should be greater; and WHEREAS, based on present estimates of cost, and having received bids for the actual construction of the Interceptor System, it would be required under the original Interceptor Contract that Haslet pay at least an additional approximately $154,000 to acquire a 10.44% interest in the capacity of the Interceptor System; and WHEREAS, it has now been determined by the City of Haslet that it does not wish to obtain the full 10.44$ interest in the capacity of the Interceptor System under the terms of the -- original Interceptor Contract; and WHEREAS, it is agreed between the parties hereto, as hereinafter provided, that the cash sum previously paid and advanced by Haslet shall provide it with a 7.02% interest in the capacity of the Interceptor System, that Haslet will not be obligated to pay any additional sum in order to acquire said 7.02% interest, that Fort Worth will acquire an additional 3.42% interest in the capacity of the Interceptor System (a total of 85.38$ instead of the original 81.96%) in return for paying 91.83% of the Annual Requirement in connection with all Bonds issued under the Interceptor Contract, as amended by this Amendatory Contract, instead of the 91.52% for which it was 4 obligated under the original Interceptor Contract, and that Roanoke will be obligated to pay 8.17$ of the Annual Require- ment in connection with all Bonds issued under the Interceptor Contract, as amended by this Amendatory Contract, instead of the 8.48$ for which it was obligated under the original Inter- ceptor Contract, in return for its 7.60$ interest in the capacity of the Interceptor System. NOW THEREFORE, it is agreed by and between the parties hereto that: SECTION 1. Sections 3(a), 10(b), 10(f), and 11(d), respectively, of the Interceptor Contract are hereby amended as set forth in (A), (B), and (C) as follows: (A) Section 3. INTERCEPTOR SYSTEM USE BY THE CITIES. (a) is hereby amended to be and read as follows: "(aj In consideration of the payments to be made by each City, respectively, under this Contract each of the Cities, respectively, is entitled to and shall have a right to a percentage of the total use, capacity, and output of the Interceptor System as follows: Fort Worth - - - - - - 85.38$ Haslet - - - - - - - - 7.02$ Roanoke - - - - - - - 7.60$ . and may discharge its Wastewater generated within the Denton Creek drainage area into the Interceptor System up to such 5 percentages, respectively, at its Point or Points of Entry hereinafter described, subject to the restrictions hereinafter stated; and provided that each such City must transport such Wastewater to its Point or Points of Entry into the Interceptor System." (B) Section 10. PAYMENTS BY THE CITIES (b) and (f), are hereby amended, respectively, to be and read as follows: "(b) For each Annual Payment Period during the term of this Contract, the proportionate share of the Annual Require- ment for each such Period for each of the Cities, excepting Haslet, is hereby fixed and shall be paid by each of the . Cities, excepting Haslet, in the following percentages, respec- tively: (i) until Bonds have been issued and delivered under the Interceptor Contract, as amended, for the purpose of refunding the Series 1987 Bonds and completing the acquisition and construction of the Interceptor System: Fort Worth - - - - - - 91.52$ Roanoke - - - - - - - 8.48$; and (ii) after Bonds, in one or more issues or installments, have been issued and delivered under the Interceptor Contract, as amended, for the purpose of refunding the Series 1987 Bonds . and in such amounts as are actually required for finally 6 completing the acquisition and construction of the Interceptor System in accordance with the Engineering Report: Fort Worth - - - - - - 91.83 Roanoke - - - - - - - 8.17$. Each such City is responsible solely for its fixed annual percentage of the Annual Requirement as set forth above, and no City shall, or is obligated to, make any payment of the part of the Annual Requirement for which any other City is responsi- ble." "(f) For the Wastewater facilities and services to be provided to the City of Haslet pursuant to this Contract, and specifically the right to use 7.02 of the capacity of the Interceptor System, the City of Haslet has paid to the Authori- --- ty the sum of $322,545, and it is agreed by and between the parties hereto that such sum is reasonable and sufficient for such purpose." (C) Section 11. SPECIAL PROVISIONS. (d) is hereby amended to be and read as follows: "(d) Each of the Cities agrees throughout the term of this Contract to continuously operate and maintain its combined waterworks and sewer system and to fix and collect such rates and charges for water and sewer services to be supplied by its combined waterworks and sewer system as aforesaid as will produce revenues in an amount equal to at least (i) all of the 7 ATTEST: City Secretary (CITY SEAL) '. ATTEST: City Secretary (CITY SEAL) ATTEST: n City Secretary (CITY SEAL) CITY OF FORT WORTH, TEXAS BY City Manager APPROVED AS TO FORM AND LEGALITY City Attorney, City of Fort Worth, Texas CITY OF HASLET, TEXAS Mayor CITY OF ROANOKE, TEXAS BY Mayor 9 operating and maintenance expenses of such system, including specifically the payments by such Cities, excepting Haslet, under this Contract, and (ii) all other amounts as required by law and the provisions of the ordinances or resolutions author- izing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all princi- pal of and interest on such bonds and other obligations." SECTION 2. All other terms and provisions of the original Interceptor Contract shall be and remain in full force and effect, and this Amendatory Contract shall be effective upon its execution by all parties hereto. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendatory Contract to be duly executed in several counter- parts, each of which shall constitute an original, all as of the day and year first above written, which is the date of this Contract. TRINITY RIVER AUTHORITY OF TEXAS BY General Manager ATTEST: . Secretary, Board of Directors _. (AUTHORITY SEAL) 8