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Home My WebLink AboutResolution No. 2011-20 R�SOLUTION NO. R2011-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING A SECOND AMENDMENT TO THE SEPTEMBER 8, 2003, WASTE DISPO5AL CONTRACT BY AND BETWEEN TH� CITY OF FRIENDSWOOD, TEXAS AND THE CITY OF LEAGUE CITY, TEXAS; AND REPEALING ALL OTHER RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH. x � x � � x � � � x Whereas, on September 8, 2003, the cities of Friendswood, Texas ("Friendswood") and League City, Texas "(League City") entered into a Waste Disposal Contr•act ("Waste Disposal ContracY'), which provided the terms and conditions upon which Friendswood would receive and treat wastes generated fi•om League City areas until League City has expanded its waste treatment facilities; and Whereas, on or about July 21, 2008, Friendswood and League City entered into a Fiist Amendment to the Waste Disposal Contract which provided, among other things, that the term of the Waste Disposal Conh�act shall be extended for an additional three (3) years beginning September 8, 2008; and I Whereas, the teim of the First Amendment is set to expire on September 7, 2011 and the parties have been negotiating the terms of an additional extension of the Waste Disposal Contract, subject to the inclusion of certain specified tei7ns and conditions; i NOW, TAEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,TEXAS: I Section 1. The City Council of the City of Friendswood, Texas, hereby authorizes the ' Mayor to enter into a Second Amendment to the Waste Disposal Contract for a non-renewable j period not exceeding tluee (3) years. A true and correct copy of the proposed Second ', i �i ' Amendment to the September 8, 2003 Waste Disposal Conh•act is attached hereto as Exhibit"A" and made a part hereof for all purposes. Section 2. All resolutions or parts of resolutions inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict,hereby repealed. PASSED, APPROVED,AND RESOLVED this the 25th day of Julv,2011. G U� David J. H. Smith Mayor ATTEST: ��\1� � n ' ( p� -s�� RO��ps r��-�l/�..�-��-� \� 'b � V �� Melinda Welsh, TRMC � City SecxeYary '� S�,�T� Q� ��Py I ' R2011-20 2 II I SECOND AM�NDMENT TO SEPTEMBER 8.2003 WASTE DISPOSAL CONTRACT BY AND BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND THE CITY OF LEAGUE CITY.TEXAS THIS SECOND AMENDMENT TO THE SEPT�MBER 8, 2003 WASTE DISPOSAL CONTRACT ("Second AmendmenY'), is made and entered on the 25th day of J�, 2011, by and between the City of Friendswood, Texas, a home-iule municipal corporation ("Friendswood") and the City of League City, Texas, a home-rule municipal corporation ("League City"). R�CITALS WHEREAS,Friendswood and League City entered into a Waste Disposal Contract dated September 8, 2003 ("Waste Disposal ContracY'), which provided the terms and conditions upon which Friendswood would receive and treat wastes generated fi•om League City areas until League City has expanded its waste treatment facilities; and WHEREAS, the term of the Waste Disposal Contract was originally scheduled to expire on September 8, 2008; and WHEREAS, on or about July 21, 2008, Friendswood and League City, by virtue of that cei�tain Amendment to September 8, 2003 Waste Disposal Contract by and between the City of Friendswood and the City of League City, Texas ("First AmendmenY'), did agree to ceitain j amendments to the Waste Disposal Conh•act, including but not limited to an amendment to Section 4.12 to provide that the term of the Waste Disposal Contract shall be extended for an additional tlu•ee (3) years beginning September 8, 2008; and WHEREAS, the term of the First Amendment is set to expire on September 7, 2011 and the parties have been negotiating the terms of an additional extension of the Waste Disposal Contract, subject to the inclusion of certain specified terms and conditions; and WHEREAS, in consideration of Friendswood's agreement to extend the term of the � Waste Disposal Contract, League City has committed to the completion of certain public works improvements which will result in the teirnination of League City's need for future waste treatment capacity in the Blackhawk Regional Waste Treatment Facility; and WHEREAS, in consideration of League City's commitment to the completion of the above-referenced public works improvements and such other terms and conditions as set forth in this Second Amendment, Friendswood agrees to extend the teim of the Waste Disposal Contract j for a non-renewable period not exceeding three (3) years. NOW, TH�REFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, Friendswood and League City hereby contract, covenant, and agree to the following amendments to the Waste Disposal Contract: 1 iI Ili Section 2.5 Leagere City; Right to Deliver Waste; Volume. The Waste Disposal Contract states in Section 2.5 that "It is specifically understood and agreed by League City that Friendswood's obligations to accept such Wastes hereunder shall expire at midnight on the termination date hereo£" This clause shall be amended to read: "Subject to Friendswood's early termination rights as set out herein, it is specifically understood and agreed by League City that Friendswood's obligations to accept such Wastes hereunder shall expire at midniglit on the termination date hereof. Nonvithstanding the foregoing, in the event Friendswood shall determine that due to projected capacity concerns at the Blackhawk Regional Waste Treatment Facility it can no longer accept and treat Waste flow from League City, it shall provide written notice to League City advising that on the expiration of ninety (90) days from the date of mailing such notice this Contract shall be deemed terminated, whereupon League City shall immediately cease the delivery of Waste and provide for the disconnection and/or closure of the tie-in at the Point of Discharge." Netiv Section 2.8 entitled"Leagtre Ciry; Consfittction of Force Main" shall be added to read: Section 2.8 League City; Constrnction of Force Main. League City agrees that on or before May 7, 2012 it shall issue bid specifications and invitations to bidders for the construction of a force main, pump improvements and related infrastructure in ', order to re-route Waste flows now being accepted by Friendswood under this I Contract to the League City North Seiryice Area lift station force main. Section 4.12 Term. The Waste Disposal Conhact, as amended, states "Unless teirninated as provided for herein, the September 8, 2003 Conh•act shall be extended for an additional tlu•ee (3) years beginning September 8, 2008." The term clause shall be amended to read: Unless terminated as provided for herein, this Contract shall be in force and effect, '' as extended, for the period beginning September 8, 2011 and ending on September i 7,2014. This Contract is non-renewable. IN WITNESS WHEREOF, Friendswood, League City and the Gulf Coast Waste Disposal I Authority have executed this Second Amendment on the 25th day of J�, 2011. I CITY OF FRIENDS�y00D,�XAS ' � , � � '�,'�.,�,,"�'', avid J. . mith Mayor 2 I ATTEST: f R��Nfi OF �� --�. �-Q��-Q°� � � Melinda Welsh, TRMC U � Ciry Secretary � � sr Py �9pF �F 4�� CITY OF LEAGUE CITY,TEXAS � �� i+�'�� 'mothy Paul n Mayar ATTEST: ��.�.`�r- , ��,-� �<�� M�s�-� City Secretary Approved: GULF COAST WASTE DISPOSAL AUTHORITY j i , �7'°� By: i �i I 3 o4v�nc�� City of League City, TX �9 eCIlyTX77573 F �` V '�C ..,�.,. Text File ��'�'S File Number: l1•0381 � InGoduced: 7/2612011 CurrentStatus: ConsentAgenda Varslon: 1 MalterType: Agendaltem Title Cousider and take actiou ou tlie approval of au amendment to tha extsting waste dlsposaf contmct benveen the City oF Fr[endswaod flnd fha Ctty of League City, extendtng Ihe contrect ferm for ihree yeers or untit lha City provides heatment fnollities to sarva this area(AcHug City Manage�) Staffrecammends appmval. .,Hackgmund: In Septamber 2UO3, Council approved ihe Weste DlsposaE Confract behveeu Iha City of Fdandswood and tha Ctity of League C(ty. 'I1�at contract wes approved in order fo provtde wnstawater service to iha Auhim�r Lakes davelopment Iacated north of Claar Creek aud west of Bay Area Boulevud, The , confreet term was set to ezpira 3n Septembar of 2008. The Agreamenf wns amended with Council approvat iu August 2008 to a�Rend the co�fract term another Uuea (3) years, satting tlie contracf teuu fo exp&a in September 2011. Insofar es Leagua City has uot construeted wastewater fnfrastruclure to re-route the westewater flows Into I.ea ue CI 's freafn n s stem, slaft' requasts that tha agreament 6e amended s second Nma setttng fhe tew to axpire in September 2013. This second amendment wlll give League City ihe opportunity to consider mov ng orwar wi � a caplfal improvement proJect to reroute this area of Lengua City's wastawater flows into tha City's system, Frfendswood's City Conncil approved t6is second amendment to the agreement at its Juty 24,2011 meeting. Staff solleited a proposel from Bro�ni & Ony Hugineers Yor We proposed reroute design (Brotvn & Gay being tha engiuearing flrm that had prepared the proposed wastewater servlce plan for f.eagua City's servlce ares [ylug in Herris County), Brown & Gay's pioposel For engiueeriug servtces came fo 5102,936, They estimated ihe wst of construcHon for tha raroute at 5346,500. These dollar a�nounts wID be iucluded in tlie proposed 2012- 2Q16CIP for CounciPs subsequent wnsiderntion with the engi�eariug proposed For 2012 nnd consiruction in 2013. FUNDIN6 {x}NOT APPI,ICABLS { }Funds nre availnble from Account# 'I { }Requires Budget Ameudmeut to hensfer ftom Account# to Account N � i I Incorreot ex�iration date of contract ts shotvn on APPR�VED data sheet. Tha actual expiration ot the egfended ', contract term will be 2014. ', AUG 0 8 201f I CrTY COUNCIL � ClryalteagueCtry,TX� Page4 PdnfetlonaN/20if ��,