Loading...
HomeMy WebLinkAbout12-18-85-05 - Resolution - 12/18/1985RESOLUTION NO. 12-18-85-05 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE ELEVATED WATER STORAGE AGREEMENT BETWEEN THE CITY OF COLLEGE STA- TION, TEXAS, AND WHALEN CORPORATION WHICH AMENDS SECTION 7.1 OF THE AGREEMENT EXECUTED MAY 7, 1984. WHEREAS, on May 7, 1984, the Mayor executed an agreement on behalf of the City of College Station with the Whalen Cor- poration to provide additional storage for potable water for the City's inhabitants; and WHEREAS, it is now advantageous to the City that this Agreement be amended to clarify certain terms of the Agree- ment; NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of College Station that Section 7.1 of the Agreement be amended to read as follows: "Section 7. Payment for Water Storage: 7.1. For a period of fifteen (15) years from and after the completion date, CITY will pay COMPANY an annual fee of Two Hundred Fifty Thousand Eight Hundred Thirteen Dollars ($250,813.00), plus an amount equal to any and all ad valorem property taxes, if any, which may be assessed against COMPANY by any local taxing authority with respect to the facility or site thereof, which annual fee is a maintenance and operation expense of the City's Combined Waterworks and Sewer System and Electric Light and Power System payable from the gross revenue of such system." PASSED and APPROVED this 18th day of December, 1985. CERTIFICATE FOR ORDINANCE STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION 1. The City Council of said City convened in  MEETING ON THE 18TH DAY OF DECEMBER, 1985, at the and roll was called of the duly constituted officers and members of said City Council, to-wit: Gary Halter, Mayor Mr. Fred Brown, Councilperson Mr. Robert Runnels, Councilperson Ms. Teresa Tongco, Councilperson Ms. Patricia Boughton, Councilpe~son Mr. James Bond, Councilperson Ms. Lyn McIlhaney, Councilperson and all of sai~ persons were present, except the following absentees: f~l/~ ~ , thus constitutin~ a--quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING AN AMENDMENT TO THE ELEVATED WATER STORAGE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION, TEXAS AND WHALEN CORPORATION was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote; AYES: ~ NOES: __~____ 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and the public notice of the time, place, and purpose of said Meeting was given as required by Vernon's Texas Civil Statutes Article 6252-17, as amended. C~t~ Sec~,~ry SIGNED AND SEALED the /~~ Gary Hy~r, ~ayor ~ 1985. (SEAL) ORDINANCE NO. ORDINANCE AUTHORIZING AN AMENDMENT TO THE ELEVATED WATER STORAGE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION, TEXAS AND WHALEN CORPORATION WHEREAS, the City of College Station, Texas (the "City") has previously entered into an Elevated Water Storage Agreement (the "Agreement"), dated as of May 7, 1984, by and between the City and Whalen Corporation (the "Company") to provide additional storage for potable water for the City's inhabitants; and WHEREAS, it is now advantageous to the C~y that this Agreement be amended to clarify certain terms of the Agreement; IT IS, THEREFORE, ORDAINED, ORDERED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: The amendment to the Agreement is hereby authorized to be executed by the Mayor and the City Secretary in substantially the form as attached hereto as Exhibit A. II. The Mayor and the City Secretary of the City are authorized to evidence adoption of this Ordinance on behalf of the Council and to do all other things necessary or proper to carry out the intent hereof. This Ordinance adoption. III. shall take effect immediately upon EXHIBIT A AMENDMENT TO THE ELEVATED WATER STORAGE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION, TEXAS AND WHALEN CORPORATION WHEREAS, the City of College Station, Texas (the "CITY") has previously entered into an Elevated Water Storage Agreement (the "Agreement"), dated as of May 7, 1984, by and between the CITY and Whalen Corporation (the "COMPANY") to provide additional storage for potable water for the CITY's inhabitants; and WHEREAS, it is now advantageous to the CITY that this Agreement be amended to clarify certain terms of the Agreement; IT IS, THEREFORE, AGREED THAT the following Section of the Agreement be amended to read as follows: Section 7. Payment for Water Storage: 7.1. For a period of fifteen (15) years from and after the completion date, CITY will pay COMPANY an annual fee of Two Hundred Fifty Thousand Eight Hundred Thirteen Dollars ($250,813.00), plus an amount equal to any and all ad valorem property taxes, if any, which may be assessed against COMPANY by any local taxing authority with respect to the Facility or site thereof which annual fee is a maintenance and operation expense of the CITY's Combined Waterworks and Sewer System and Electric Light and Power System pa~able from the ~ross revenues of such system. DATED this /~ . ATTEST: City S ec~9~ ary WHALEN CORPORATION