HomeMy WebLinkAboutResolution - 2007-R0183 - Amendment To Wholesale Wastewater Interlocal Contract- Lubbock Reese Redev. Auth - 05/11/2007Resolution No. 2007-RO183
May 11, 2007
Item No. 5.27
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 Third Amendment to
Wholesale Wastewater Interlocal Contract between the City of Lubbock, and Lubbock
Reese Redevelopment Authority, and all related documents. Said Third Amendment to
Wholesale Wastewater Interlocal Contract 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 11th day of May 2007.
DAVID A. MILLER, MAYOR
ATTEST:
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Rebodca Garza, City Secretary
APPROVED AS TO CONTENT:
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
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Richard K. Casner
First Assistant City Attorney
ml/ccdocs/LRRA-3`a AmendWWW Contract.res
April 27, 2007
Resolution No. 2007 RO183
THIRD 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 the Original Contract, as set forth therein; and
WHEREAS, on or about February 5, 2004, Lubbock and Customer entered into
that certain Second Amendment to Wholesale Wastewater Interlocal Contract (the
"Second Amendment'), Resolution No. 2004-R0054, amending Sections 5.1, 6.1 and 7.1
of the Original Contract, as amended by the First Amendment, as set forth therein; and
WHEREAS, the Original Contract, as amended by the First Amendment and
Second Amendment will expire in the near future; and
WHEREAS, Lubbock and Customer desire to continue their contractual
relationship regarding the management of wastewater; and
WHEREAS, Lubbock and Customer now desire to amend the Original Contract,
as amended by the First Amendment and Second Amendment, to extend the term thereof.
NOW, THEREFORE, Lubbock and Customer hereby agree to amend the Original
Contract, as amended by the First Amendment and Second Amendment, as follows:
Section 21 is deleted in its entirety and replaced with the following:
21. Term of Contract The term of this Contract shall be ten (10)
years from May 9, 2002. This Contract may be extended for an
additional five (5) year period, on identical terms and
provisions hereof, by Lubbock providing notice to the
Customer no less than ninety (90) days prior to the expiration
of the term hereof, of its desire to exercise its option to extend,
P Amendment to W W W Contract - LRRA Page 1 of 3
as set forth herein. The City Council of the City of Lubbock
hereby delegates the authority to exercise the option granted
and reserved herein to the City Manager, or his/her designee.
2. Except as specifically amended or modified hereby, all of the terms and
provisions of the Original Contract, as amended by the First Amendment and Second
Amendment, shall remain valid and in full force and effect as originally provided, as
amended by the First Amendment and Second Amendment.
Executed this 11;11✓" day of *�'f24 L , 2007.
LUBBOru A-'�CF A -'TIC -,ITT rlpTii�ATT
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AUTHORITY
By:
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Title: 1 pt,
ATTEST:
CITY OF LUBBOCK
DAVID A. MILLER, MAYOR
ATTEST:
C�Z
Rebecca Garza, City Secre a
APPROVED S TO CONTENT:
Tom Adams
Deputy City Manager/Water Utilities Director
3rd Amendment to WW W Contract - LIMA Page 2 of 3
APPROVED AS TO FORM:
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Richard K. ICasner
First Assistant City Attorney
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April 19, 2007
3'd Amendment to W W W Contract - LRRA Page 3 of 3