HomeMy WebLinkAboutRes 2014-01-04 Agreement with Greater Texoma Utility Authority (GTUA) Water Relocation• ,
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WHEREAS, the surface water supply lined owned by the Greater Texoma Utility Authority
(GTUA) and the Collin -Grayson Municipal Alliance (CGMA) supplies treated surface water to
the City of Anna; and,
WHEREAS, the water line passes under SH 121 in Melissa and will need to be relocated to
accommodate the expansion of SH 121 later this year (the "Project); and,
WHEREAS, in order to reduce the potential for water service interruptions during the summer
months, GTUA would like to bid the Project now and start construction as soon as possible;
and,
WHEREAS, in order to bid the Project, GTUA is asking the Cities of Anna and Melissa
approve an Agreement that would offer a temporary loan to fund the Project until GTUA is
able to secure a loan through the Texas Infrastructure Fund, or until they receive final
reimbursement from TxDOT at the conclusion of the Project, at which time the cites would be
paid back in full; and,
WHEREAS, funds for a temporary loan are available in the City's Utility Fund;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Agreement.
The City Council hereby approves the Agreement with the Greater Texoma Utility Authority
attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's
execution of same, subject to final approval by the City Attorney.
PASSED by the City Council of the City of Anna, Texas, on this 14th day of January 2014.
ATTEST:APPROD:
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Na*, a Wilkison, City Secretary A ayor, Mike Crist
RES. 2014-01-04 Agreement w/GTUA to fi%aµ��{ii�rocation proj. PAGE 1 OF 1 01-14-14
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THIS CONSTRUCTION FUNDING AGREEMENT ("Agreement") is by and among the City
of Melissa Texas ("Melissa"), the City of Anna ("Anna") and the Greater Texoma Utility Authority
(the "Authority"), a conservation and reclamation district:
WITNESSETH
WHEREAS, the Authority, acting pursuant to the Contracts for Water Supply and Sewer
Service with the Melissa and Anna, dated April 17, 2006, has issued bonds for the purpose of
providing certain water supply facilities in order to store and transport such water within the City;
and
WHEREAS, the Texas Department of Transportation ("TxDOT") has notified the Authority
and the Collin -Grayson Municipal Alliance (CGMA) of their intention to widen State Highway 121;
which will require the relocation of the CGMA pipeline in the area where State Highway 121 is
adjacent to the CGMA 30" pipeline; ("The Project") and
WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement
with respect to the Project to set forth the duties and responsibilities of the respective parties for
the implementation and funding of the Project.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
made, and subject to the conditions herein set forth, Melissa, Anna, and the Authority agree as
follows:
Section 1. FUNDING OF THE PROJECT. The parties agree and understand the costs of
the Project, including all professional services, construction costs, equipment costs, direct
administrative services, and inspection services are to be paid by the Authority and reimbursed
via an agreement between the Authority and TxDOT. All parties understand that the TxDOT is
responsible for these costs due to their encroachment on CGMA/GTUA's existing easement.
Section 2. PROJECT IMPLEMENTATION. Anna and Melissa agree to commit funds in
the amount of $164,094.75 each, prior to the Authority awarding the construction contract. Anna
and Melissa agree to deposit funds as needed for the construction of the project to the
GTUA/CGMA/121 Construction Account. The Authority agrees to be reimburse all funds
provided by Anna and Melissa as funds become available via TxDOT or the State Infrastructure
Bank, whichever is sooner, to the Authority. The Authority will receive and segregate the funds
received from the City into the GTUA/CGMA/121 Construction Account and to use those funds
only for the payment of the direct project costs. The Authority agrees to not Award the
construction contract prior to receiving an executed U35 agreement from TxDOT for
reimbursement.
Section 2. REGULATORY BODIES. This Project Contract shall be subject to all valid
rules, regulations, and laws applicable thereto passed or promulgated by the United States of
America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any
authorized representative or agency of any of them.
859079.03/10023012
Section 3. TERM OF AGREEMENT. The term of this Agreement shall be for the period
of time to complete the Project.
IN WITNESS WHEREOF, the Authority and the City, acting under authority of their
respective governing bodies have caused this Agreement to be duly executed in several
counterparts, each of which shall constitute an original, all as of the day of ,
2014 which is the date of this Agreement.
GREATER TEXOMA UTILITY AUTHORITY
a
ATTEST:
Secretary, Board of Directors
(Authority Seal)
President, Board of Directors
CITY OF MELISSA, TEXAS
a
Mayor
ATTEST:
City Secretary
(City Seal)
859079.03/10023012 2
ATTEST:
City S cretary
(City Seal)
859079.03/10023012
January 17, 2014
Greater Texoma Utility Authority
5100 Airport Drive
Denison, Texas 75020
Re: Water Line Relocation Project Agreement
Dear Sir:
Enclosed is a copy of the City of Amia's Resolution 2014-01-04 and a signed
copy of the Constiuction Funding Agreement. After completion of signatures on
the agreement please send a copy to Natha WilIdson, City Secretary for the City's
files.
Sincerely,
Natha Wilkison
City Secretary
City of Amia
encl.
CITY OF ANNA, TEXAS
711 N. POWELL PKWY.
P.O. BOX 776
ANNA, TEXAS 75409-0776
PHONE 972-924-3325
FAX 972-924.2620
www.annatexas.gov