RE 05-15-73RESOLUTION NO. 051573
RESOLUTION OF THE CITY OF COPPELL, TEXAS
WHEREAS, the City of Dallas and the Trinity River Autho-
rity of Texas entered into a basic contract dated July 21, 1972,
to provide for the purchase of water by TRA from the City of Dallas
for resale to the City of Coppell, Texas; and
WHEREAS, the parties desire to amend such contract and
have reduced such amendment to writing entitled Amendment Number 1
to Contract No. 71-184-F, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the-City Council of the City of Coppell,
Texas, hereby authorizes the execution of said contract amendment
which is attached hereto as Exhibit "A".
SECTION 2. That this resolution shall take effect im-
mediately from and after its passage as the law in such cases pro-
vides.
DULY PASSED by the City Council of the City of Coppell,
Texas, the 15th- day of May , 1973.
Hulen A. Scott
MAYOR -
ATTEST:
Dorothy Timmons
CITY SECRETAR Y
THE STATE OF TEXAS )
COUNTY OF- DALLAS )
This Contract Amendment Number 1 made and entered into this the day
of , 1973 by and between the City of Dall as, Texas and the Trinity River
Authority of Texas, hereinafter called TRA.
W I T N E S S E T H :
WHEREAS, the City of Dal las and TRA entered into a contract dated Ju y 21, 1972
herein referred to as the basic contract for the purchase of water by TRA' from the City
of Dalas for resale to the City of Coppel l and
WHEREAS, the parties desire to amend such 'contract~
NOW, THEREFORE, the City of Dal las and TRA in consideration of 'the terms, covenants,
and conditions contained in the basic contract and this amendment Number I hereby amend
basic contract as follows:
I. Delete Section 4.2 and add a new Section 4.2 as follows:
1. After any of the following events: (a) the total volume of water taken
by TRA. under this Contract exceeds 187.5 million gallons in one year} (b) the
Maximurn Flow Rate exceeds one million,gallons a day, (c) TRA elects to have
its bill so computed as immediately folIowsj or (d after June 30, 1975 which-
ever occurs first, TRA will pay thereafter to the City of Dallas a charge for
water service provided to TRA equal to the sum of a Capacity Charge plus the
Volume Charge. Such election must be made on or before' July I of the fiscal
year. After conditions (a)~ (b), (c) or (d) of this paragraph I of Section
4.2 has been satisfied, payments will be made monthly and shall be the sum
of the Volume Charge for the preceding month plus 1/12 of the annual Capacity
Charge; except that upon an increase in the Maximum Flow Rate during the year~
the monthly payments for the Capacity Charge will be increased so that the
total Capacity Charge wil l be paid by the end of the .year. The charge for
water service under this paragraph I shall be owed the fiscal year following
the election made (condition (c) above) and for and in each fiscal year there-
after, otherwise for and in the year following the first fiscal year that con-
d'itions (a)~ (b), or (d) above is satisfied and for each fiscal year thereafter.
If either condition (a) or (b) is satisfied during any fiscal year, the charges
for the next fiscal year will be based on the Volume and Capacity Charges be,
ning with July 1 of the next fiscal year.
I
EXHIBIT A
(1') The Volume Charge
is defined to be the Volume Rate times the quantity
of water (expressed in thousands of gallons) delivered to TRA. The
volume Rate at the time of the execution of this Contract Instrument
is $.1356 per thousand gal Ions.
(2) Capacity Charge (per year) is defined to.be the Capacity Rate times
the Maximum Flow Rate (expressed in mill ions of igallons per day); ex-
cept that in no event shall the Capacity Charge per year be less than
the product of 0.1142 times the Allocable costs (reference paragraph
2 of Section 4..I).
The Capacity Rate at the time of the'execution'..of this Contract Instru-
ment is $27,540.00 per million gallons per day.
(3) The fiscal year for this contract shall be from July 1 through ,June 30.
2. Until-such time as conditions (a), (b)~ (c), or.(d) of paragraph 1 of this Sec-
tion 4.2 is satisfied, TRA will pay to the City of Dallas a charge for water service
'provided to TRA based on the Low Volume-Rate, except that in no event shall the total
charges for a year be less than the sum of the product of 0.1142 times the' Allocable
Costs (reference paragraph. 2 of Section 4. ) plus $.1356 per thousand gallons of water
delivered. At the time of the execution of this Contract, the Low Volume Rate is $0.40
per one thousand gallons of water.
3. The City of Dallas, however~ reserves the right and power to change the Capacity
Rate, the Volume Rate, and the Low Volume Rate, in accordance with the provisions of
paragraph 3 of Section 4.2 hereof.
2. All other terms and conditions of the basic contract shall remain'in full force and effect.
IN TESTIMONY WHEREOF, the City of Dallas has caused this instrument, to be signed in its cor
porate name, and on its behalf by its City Manager thereof, attested by its City Secretary, with
corporate seal affixed, and countersigned by its City Auditor; and TRA has caused this instrument
to be signed on its behalf by the General Manager thereof, attested by its Secretary, with its
seal affixed, thereby binding themselves, successors, assigns and .representatives for the faithful
and full performance of the terms and provisions of this Contract, individually, jointly and seve
ally.
EXECUTED this the day of 1973°
ATTEST: CITY OF DALLAS, TEXAS
HAROLD G. SHANK, City Secretary GEORGE R. SCHRADER, City Manager
COUNTERSIGNED: APPROVED AS TO FORM:
N. ALEX BICKLEY, City Attorrney
By
E. LYNN CROSSLEY, City Auditor .... -Assistant City Attorney
ATTEST: TRINITY RIVER AUTHORITY
Secretary General Manager
APPROVED AS TO FORM:
Attorney