HomeMy WebLinkAboutResolution - 2007-R0189 - Amendment To Contract - Lubbock-Cooper ISD - Wholesale Water Sales - 05/11/2007Resolution No. 2007-RO189
may 11, 2007
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, upon the prior execution of the First
Amendment, as defined below, by Lubbock -Cooper Independent School District, BE and
is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a
First Amendment to Wholesale Water Sales Interlocal Contract (the "First Amendment"),
by and between the City of Lubbock and Lubbock -Cooper Independent School District,
and all related documents. Said First Amendment to Wholesale Water Sales 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 11 th day of
ATTEST -
Re eca Garza, City Secretary
APPROVED AS TO CONTENT:
May 2007.
DAVID A. MILLER, MAYOR
City Manager/Water Utilities Director
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
mllecdoes/LCISD Water Contract- I" amend.res
Resolution No. 2007-Ro1$9
FIRST AMENDMENT TO
WHOLESALE WATER SALES INTERFOCAL CONTRACT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This First Amendment to Wholesale Water Sales Interlocal Contract is made effective this
I Ith day of May , 2007 by and between the CITY OF LUBBOCK, TEXAS, a home
rule municipal corporation located in Lubbock County, Texas ("LUBBOCK"), and the
LUBBOCK-COOPER INDEPENDENT SCHOOL DISTRICT, an independent school district of
the State of Texas (the "DISTRICT").
WITNESSETH:
WHEREAS, LUBBOCK and DISTRICT entered into that certain Wholesale Water Sales
Interlocal Contract (the "Original Contract"), Resolution No. 20416-R0308, on or about June 26,
2006;
WHEREAS, the Original Contract provided for the sale of water by LUBBOCK to the
DISTRICT and for LUBBOCK and DISTRICT to participate in certain water delivery
infrastructure construction activities;
WHEREAS, as a part of said construction activities, LUBBOCK is to construct an
extension of LUBBOCK's presently existing water delivery infrastructure from the intersection of
98`h Street and Avenue P south to Farm to Market Road 1585 (the "Extension");
WHEREAS, under the Original Contract the DISTRICT was obligated to pay LUBBOCK a
one time capacity fee representing the proportionate or pro rata cost of the Extension, which
included, among other things, the cost of the Extension as if it had been constructed of a six inch
(6") pipe line of the same type and material as that of the sixteen inch (16") pipe line of the
Extension as to be constructed by LUBBOCK (the "Pro Rata Pipeline Cost");
WHEREAS, although DISTRICT is obligated under the Original Contract to pay, among
other things, the actual cost of the Pro Rata Pipeline Cost, as more particularly prescribed in the
Original Contract, such cost was not known at the time of entering into the Original Contract by
LUBBOCK and DISTRICT;
WHEREAS, due to delays in engineering activities, the time for completion of the
Extension must now be revised;
WHEREAS, the actual cost of the Pro Rata Pipeline Cost and the time necessary for
completion of the Extension is now known and LUBBOCK and DISTRICT desire to amend the
Original Contract to provide for such matters.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
same being hereby acknowledged by LUBBOCK and DISTRICT, LUBBOCK and DISTRICT
hereby agree to amend the Original Contract as follows:
1. Section 2.2(a)(1)(B) is hereby deleted in its entirety and replaced with the
following:
(B) The cost of the Extension, as if it had been constructed of a six inch (6")
pipe line of the same type and material as that of the sixteen inch (16") pipe
line of the Extension as constructed. District shall pay the actual costs of the
Extension, such actual costs being Three Hundred Fifteen Thousand Four
Hundred Ninety -Five Dollars and 501100 ($315,495.50); and
2. Section 2.2(b)(i) is hereby deleted in its entirety and replaced with the
following:
(b) Responsibilities of LUBBOCK
(i) LUBBOCK shall construct the Extension, to be complete and
capable of delivering water in quantities and at the rate of delivery provided
herein, on or before December 1, 2007.
3. Except as expressly amended or modified hereby, the Original Contract shall
remain valid, subsisting and effective as originally provided.
EXECUTED as of the 11th day of May '2007.
CITY OF LUBBOCK
ATTEST:
Rebecca Garza, City Secretary
LCISD — First Amendment to Wholesale Water Sales Contract
Page 2 of 4
APPROVED A TO LATENT:
Thomas Adams
Deputy City Manager/Water Utilities Director
APPROVED AST FO
Richard. K. Casner
First Assistant City Attorney
LCISD — First Amendment to Wholesale Water Sales Contract
Page 3 of 4
(51312007) Thom Vines LCISD - Amend to Water Sales Contract
LUBBOCK-COOPER INDEPENDENT
SCHOOL DISTRICT
BY:
TITLE: <)P.j t
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mVRichard/LCISD-Amend to Water Sales Contract
May 3, 2007
LCISD — First Amendment to Wholesale Water Sales Contract
Page 4 of 4
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