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HomeMy WebLinkAboutRes 2017-10-375 Van Alstyne_Howe Water Purchase CITY OF ANNA, TEXAS RESOLUTION NO. 401 -1x -- -3'7 7 A RESOLUTION RELATED TO TWO INTER-LOCAL AGREEEMNTS BETWEEN THE CITIES OF ANNA AND VAN ALSTYNE, AND THE CITIES OF ANNA AND HOWE IN WHICH VAN ALSTYNE AND HOWE AGREE TO TRANSFER A PORTION OF THEIR RESPECTIVE CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER-LOCAL AGREEMENTS WHEREAS, the Cities of MELISSA, ANNA, VAN ALSTYNE, and HOWE have previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS„ the Cities VAN ALSTYNE and HOWE have chosen to not accept delivery of some or all of the required water through the end of the 2017 water year (ended July 31, 2017) and each of said Cities desire to transfer a portion of its respective and obligated minimum take or pay for said 2017 water year to the City of ANNA for consideration detailed in an inter-local agreement; and WHEREAS, the City of ANNA has indicated interest in purchasing a portion of the minimum take or pay from the Cities of VAN ALSTYNE and HOWE for the water year ended July 31, 2017 as explained in a report memorandum to the City Managers 1 Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated September 11, 2017 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to the respective Inter-local agreements for each specified City as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between the CGMA-GTUA Purchasing Cities of Melissa and Anna and the CGMA- GTUA Selling Cities of Van Alstyne and Howe. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: SECTION 1: The City Council of the City of Anna authorizes the Cit Man execute inter-local agreements with the Cities of Van Alstyne and Howe, attached and incorporated herein as Exhibit 1 and Exhibit 2 respectively, and the terms ager to said inter-local agreements, each of which provides for the following: ms detailed in A. Receiving the transfer of a portion of said selling City's GTUA required minimum take or pay to Anna as provided for in the respective intern--local .W11 Agreement. B. Paying the invoice submitted by the respective selling City for the agreed portion of the 2017 water year minimum take or pay specified in the inter-local agreement as provided for in said inter-local agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24th day of October, 2017. ATTEST.- APPROVED: City Secretary Carrie L. Smith 'M'ayo'r Pro-Tem Justin Burr