HomeMy WebLinkAboutResolution - 2003-R0201 - Interlocal Contract For Wholesale Wastewater - Reese Redevelopment Authority - 05/22/2003Resolution No. 2003-80201
May 27, 2003
Item No. 71
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 First Amendment to
Wholesale Wastewater Interlocal Contract between the City of Lubbock and Lubbock
Reese Redevelopment Authority, and any other related documents. Said 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
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Te fler5wok
rector of Public Works
APPROVED AS T ORM:
Richard K. Casner
Natural Resources Attorney
RKC/ke/ 1 stAmendLRRA. wwwcontract. res
April 30, 2003
d day of May 2003.
Resolution No. 2003-R011201
M a y 22, 2003
Item No. 71
FIRST 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"); and
WHEREAS, the Original Contract provided for the provision of certain
wastewater treatment services by Lubbock for the Customer; and
WHEREAS, it has come to the attention of Lubbock and Customer that an
additional point of entry for the wastewater is necessary and other minor revisions are
needed'to the Original Contract; and
WHEREAS, Lubbock and Customer now desire to amend the Original Contract
to provide for said additional point of entry and minor revisions.
NOW, THEREFORE, Lubbock and Customer hereby agree to amend the Original
Contract as follows:
1. Section 1.15 is deleted in its entirety and replaced with the following:
1.15 Point of entry — Collectively, the metering facilities or,
where no metering facilities are utilized, the points of connection
to the Lubbock System, as set forth in Section 2.2, below, unless
otherwise mutually agreed upon in writing.
2. Section 1.6 is deleted in its entirety and replaced with the following:
1.6 Director — the Director of Public Works of the City of
Lubbock.
3. Section 1.18 (B) is deleted in its entirety and replaced with the following:
I` Amend LRRA Sewer
(B) Upon finding that an industrial user meeting the
criteria in Section 1.18(A)(4) has no reasonable
potential for adversely affecting the POTW's
Pagel of 3
operation or for violating any pre-treatment
standard or requirement, the Director may at any
time on it's own initiative or in response to a
petition received from a user, and in accordance
with procedure in 40 CFR 403.8(f)(6), determine
that such user should not be considered a significant
industrial user.
4. Section 2.6 is added to the original Contract, as follows:
2.6 Area of Service — Customer may provide retail sewer
service to parties only in the following areas:
(A) The areas of land described as Tract 1 through Tract
50 in Section 396.009 of the Texas Local
Government Code;
(B) The existing single restaurant facility as depicted in
Exhibit "A", attached hereto. For the purposes
hereof, the "single restaurant facility" shall include
the kitchen, service areas, and dining spaces located
in the area depicted in Exhibit "A", known as
"Cagle Steakhouse". No other locations or
customers on the lands presently owned and
operated by John Cagle or the John Cagle family,
may be served.
(C) No other geographic area or premises, of any kind
or nature, shall be served by retail sewer service
hereunder.
5. Section 13 is deleted in its entirety and replaced with the following:
13. Payment and Late Charge
The parties hereto agree that the failure to make any payments
within the times provided for herein results in additional cost to the
party to be paid; therefore, the parties agree that any payment
required herein not made within thirty (30) days of the billing date
shall be subject to a late charge of ten percent (10%) per annum to
be calculated from the date which the payment was required to be
made.
6. Exhibit A to the Original Contract is deleted in its entirety and replaced
with Exhibit "A", attached hereto, and made a part hereof for all purposes.
151 Amend LRRA Sewer Page 2 of 3
7. Except as specifically amended or modified hereby, all of the terms and
provisions of the Original Contract shall remain valid and in full force and
effect as originally provided.
Executed this t� 9 fi-h day of M (9. J , 2003.
LUBBOCK REESE REDEVELOPMENT
AUTOBIT
By:
Name• -Z
Title: -
ATTEST:
CITY OF
MAYOR
ATTEST:
"� )J, C; I I C i�- 4� "
Rebecca Garza, City Sec et
APPROVED AS TO CONTENT:
rry Ellerbr ok
Director of Public Works
APPROVED AS TO ORM:
Richard K. Casner
Natural Resources Attorney
RKC/ke/Vl" AmendLRRA.wwwcontract. accptd
May 22, 2003
I' Amend LRRA Sewer
Page 3 of 3
Resolutiou No. 2003-RO201
Exhibit A