HomeMy WebLinkAboutResolution - 2011-R0334 - Amendment To Water Treatment Contract - City Of Levelland - 07/27/2011Resolution No. 2011-80334
July 27, 2011
Item No. 5.9
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Amendment No. 1 to that certain Water
Treatment Contract dated February 22, 1990, by and between the City of Lubbock and
City of Levelland, and related documents. Said Amendment No. 1 is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this July 27, 2011
TOM MARTIN, MAYOR
ATTEST:
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Rebekca Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.G., Chief Operating Officer
APPROVED AS TO FORM:
Amy K9ins, Assistan C orney
vw/tcdoes/Amy/Resolutions/RES.Amend Contract-Levelland
July 8, 2011
Resolution No. 2011-RO334
AMENDMENT NO.1
TO
WATER TREATMENT CONTRACT
This Amendment No. 1 to Water Treatment Contract ("Amendment") is entered into this
27th day of July , 2011, by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and City of Levelland ("Levelland"), a Texas municipal corporation.
WITNESSETH
WHEREAS, the City and Levelland entered into that certain Water Treatment Contract, dated
February 22, 1990 (the "Original Agreement"), wherein Levelland contracted with the City to perform
water treatment activities;
WHEREAS, the City shall issue bonds in order to pay for certain improvements to its water
treatment facilities and processes;
WHEREAS, the parties wish to ensure Levelland is given the additional time to pay its
proportional share of the payment of said bonds while still receiving water treatment services;
WHEREAS, the City and Levelland now desire to renew and extend the Original Agreement to
provide for such additional time.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the City and Levelland agree as follows:
1. The Original Agreement, except as provided herein, is renewed and extended on all of its
terms and conditions.
2. Section VIII of the Original Agreement is deleted in its entirety and replaced with the
following:
VIII.
THAT this agreement shall remain in effect for a period of twenty-five (25) years from
the date of the execution of Amendment No. I to the Water Treatment Contract. This
contract shall not invalidate any of the hereinabove mentioned cities' right to receive
water under the terms of their contract with the Authority.
IN WITNESS WHEREOF, the parties have executed this amendment by their duly authorized
representatives as of the date first written above.
ATTEST:
BETH A. WALLS, City Secretary
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
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Marsha Reed, Chief Operations Otli er
APPROVED AS TO FORM:
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Amy L. Sims, 6
stan t
CITY OF LEVELLAND
By:JR_ L. L. `BO" BOWMAN, Mayor
APPROVED AS /TO/ FORM:
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RICHA HUSEN, City Attorney
CITY OF LUBBOCK
TOM MARTIN, Mayor