HomeMy WebLinkAboutResolution No. 2008-62RESOLUTION NO. R2008-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE,
AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY, AN
AMENDMENT TO THE SEPTEMBER 8, 2003 WASTE DISPOSAL
CONTRACT BY AND BETWEEN THE CITY OF FRIENDSWOOD AND
THE CITY OF LEAGUE CITY.
WHEREAS, the cities of Friendswood and League City entered into a Waste Disposal
Contract dated September 8, 2003, which provided the terms and conditions upon which
Friendswood would receive and treat the wastes generated from League City areas until League
City had expanded its waste treatment facility; and,
WHEREAS, the term of the September 8, 2003 Waste Disposal Contract is set to expire
on September 8, 2008; and,
WHEREAS, the Parties wish to amend certain terms, conditions, and provisions of the
September 8, 2003 Waste Disposal Contract and extend the Waste Disposal Contract for three
(3) more years;
WHEREAS, the parties named above are agreeable to the foregoing and desire to set
forth their agreement in an Amendment to the September 8, 2003, Waste Disposal Contract,
subject to the approval by the Gulf Coast Waste Disposal Authority;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and City Secretary are hereby, authorized and directed to
execute and attest, respectively, the Amendment to the September 8, 2003, Waste Disposal
Contract by and between the City of Friendswood and the City of League City in substantially
the same form as Exhibit A, attached hereto. A copy of such agreement attached hereto is made a
part hereof for all purposes.
PASSED, APPROVED, and RESOLVED this 21st day of July, 2008.
D id 1. H. mith
Mayor
ATTEST:
R2008-62
AMENDMENT TO SEPTEMBER 8, 2003 WASTE DISPOSAL CONTRACT BY
AND BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND
THE CITY OF LEAGUE CITY, TEXAS
THIS AMENDMENT TO THE SEPTEMBER 8, 2003 WASTE DISPOSAL
CONTRACT ("Amendment"), is made and entered on the 21 st day of July, 2008, by and
between the City of Friendswood, Texas, a home -rule municipal corporation
("Friendswood") and the City of League City, Texas, a home -rule municipal corporation
(the "League City").
WITNESSETH:
WHEREAS, Friendswood and League City entered into a Waste Disposal Contract dated
September 8, 2003, which provided the terms and conditions upon which Friendswood
would receive and treat the wastes generated from League City areas until League City
had expanded its waste treatment facility;
WHEREAS, the term of the September 8, 2003 Waste Disposal Contract is set to expire
on September 8, 2008;
WHEREAS, the Parties wish to amend certain terms, conditions, and provisions of the
September 8, 2003 Waste Disposal Contract; all other terms, conditions and provisions in
the September 8, 2003 Waste Disposal Contract not amended shall remain in place and
have full force and effect.
NOW, THEREFORE, in consideration of the amended terms, conditions and provisions
of the September 8, 2003 Waste Disposal Contract and other good and valuable
consideration, Friendswood and League City hereby contract, covenant, and agree to the
following amendments to the September 8, 2003 Waste Disposal Contract:
Section 3.3 Billing. The September 8, 2003 Waste Disposal Contract states in 3.3 (b)
that "Any sums payable by League City to Friendswood under this Section 4.2, which are
not paid within thirty (30) days following the close of the billing period to which such
payment applies, shall bear interest at the rate of six percent (6.0%) per annum from such
date until paid."
The billing clause shall reflect the following change:
The reference to section "4.2" shall be changed to section 113.2".
Section 4.4. Address and Notice. The September 8, 2003 Waste Disposal Contract states
"Unless other provided in this Contract, any notice, communication, request, reply or
advice...."
The address and notice clause shall reflect the following change:
The word, "other" shall be changed to "otherwise".
Section 4.12 Term. The September 8, 2003 Waste Disposal Contract states "Unless
terminated as provided herein, this Contract shall be in force and effect from the date of
countersignature for a term of five (5) years.
The term clause shall be amended to read:
Unless terminated as provided for herein, the September 8, 2003 Contract
shall be extended for an additional three (3) years beginning September 8,
2008.
IN WITNESS WHEREOF, Friendswood, League City and the Gulf Coast Waste
Disposal Authority have executed this Amendment on the 21 st day of Jam, 2008.
Friendswood:
City of Friendswood, Texas
y: D id Smith, Mayor
ATTEST:
League City:
City of League City, Texas
Toni Randall, Ma or
ATTEST:
Barbara Long, City Secretary (seal)
Approved:
Gulf Coast Waste Disposal Authority
'4�c yt
Charles Ganze, General anager
STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on the 21 day of July, 2008, by
David Smith, Mayor and on behalf of the City of Friendswood, Texas.
MELiNON:FTEXAS
ELSH
.�, NOTARBLIC
STATE My Commission 02-20.2009
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS