HomeMy WebLinkAboutResolution - 2004-R0054 - Interlocal Contract - Wholesale Wastewater - 02_05_2004Resolution No. 2004-R0054
February 5, 2004
Item No. 31
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Second Amendment to
Wholesale Wastewater Interlocal Contract between the City of Lubbock and Lubbock
Reese Redevelopment Authority, and any other related documents. Said Second
Amendment is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the Council.
Passed by the City Council this 5th day of February 2004.
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Sherry Stephens
Acting Director of Public Works
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
Ke/ccdocs/2ndAmendtoLRRAWholesaleWastewater..Res
January 16, 2004
Resolution No. 2004-R0054
February 5, 2004
Item No. 31
SECOND AMENDMENT
TO
WHOLESALE WASTEWATER INTERLOCAL CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, effective May 9, 2002, the City of Lubbock, a Texas home rule
municipal corporation ("Lubbock"), and Lubbock Reese Redevelopment Authority, a
political subdivision of the State of Texas ("Customer"), entered into that certain
Wholesale Wastewater Interlocal Contract (the "Original Contract"), Resolution No.
2002-R0178; and
WHEREAS, on or about May 28, 2003, Lubbock and Customer entered into that
certain First Amendment to Wholesale Wastewater Interlocal Contract (the "First
Amendment"), Resolution No. 2003-R0201, amending Sections 1.15, 1.6, 1.18(B), 2.6
and 13 of same, as set forth therein; and
WHEREAS, the Original Contract provided that all flow discharged into the
Lubbock System, as defined in the Original Contract, shall be measured by meter, unless
specifically agreed to by both parties in writing; and
WHEREAS, the City Council of Lubbock desires to delegate the authority to
approve such alternative flow measurement to the City Manager of Lubbock, or his or her
designee; and
WHEREAS, the Original Contract provided that the rate to be paid by Customer
shall be that set forth in the Lubbock Code of Ordinances; and
WHEREAS, the Lubbock Code of Ordinances rate structure may not be, at all
times, applicable to the services to be provided by Lubbock and an alternative rate or
billing method may be appropriate; and
WHEREAS, the City Council desires to delegate the authority to approve such
alternative rate or billing method to the City Manager, or his or her designee; and
WHEREAS, Customer has no objections to the delegation of said authority; and
WHEREAS, Lubbock and Customer now desire to amend the Original Contract
to provide said revision.
2"d Amend LRRA Sewer Page l of 3
NOW, THEREFORE, Lubbock and Customer hereby agree to amend the Original
Contract as follows:
Section 5.1 is deleted in its entirety and replaced with the following:
5.1 Customer shall be responsible for providing metering, if
required by Lubbock, and sampling facilities at the point of
entry in accordance with the Lubbock Code of Ordinances,
Section 28-131, as may be amended from time to time.
2. Section 6.1 is deleted in its entirety and replaced with the following:
6.1 All flow discharged into the Lubbock System by Customer
shall be metered, unless specifically agreed to by both
parties in writing. Should both parties agree in writing that
metering is not possible, the agreed upon method for
determining the volume shall include an adjustment for
infiltration and. inflow. The City Council of Lubbock
hereby delegates the authority to approve such alternative
flow measurement to the City Manager of Lubbock, or his
or her designee. The Customer and Lubbock may agree to
differing methods for volume determination for each point
of entry.
3. Section 7.1 is deleted in its entirety and replaced with the following:
7.1 Wastewater rates to be paid shall be set forth in Section 28-
86 of the Lubbock Code of Ordinances, as may be amended
from time to time, unless an alternate rate or billing method
is specifically agreed to by both parties in writing. The
City Council of Lubbock hereby delegates the authority to
approve alternate rates or billing methods to the City
Manager of Lubbock, or his or her designee. The Customer
may agree to differing rates or billing methods for each
point of entry.
4. Except as specifically amended or modified hereby, all of the terms and
provisions of the Original Contract, as amended by the First Amendment,
shall remain valid and in full force and in effect as originally provided and
as amended by the First Amendment.
2"d Amend LRRA Sewer Page 2 of 3
�c1u�T Y-uUOQ)
Executed this 1� day of J,,0IZUAXY , 2004.
LUBBOCK REESE REDEVELOPMENT
AUTHORITY
;/
By:
Name: bWJ�nS
Title: tCX�uz1Vfa. 17triee-T-Dr,
ATTEST:
CITY OF LUBBOCK
104 AR MCDO GAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Sherry Stephens
Acting Director of Public Works
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
RKC/ke/V2nd AmendLRRA.wwwcontract
November 7, 2003
January 14, 2004
2"d Amend LRRA Sewer Page 3 of 3