HomeMy WebLinkAboutRes 2012-12-11 ILA with Melissa - Take or Pay Agrmt.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-12-11
A RESOLUTION RELATED TO AN INTER -LOCAL AGREEEMNT
BETWEEN THE CITIES OF ANNA AND MELISSA UNDER WHICH
THE CITY OF ANNA AGREES TO TRANSFER A PORTION OF ITS
CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION
WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY
OF MELISSA IN EXCHANGE FOR AN AGREEMENT PAYMENT
FROM MELISSA AND AUHORIZING THE EXECUTION AND
ADMINISTRATION OF SAID INTER -LOCAL AGREEMENT
WHEREAS, the City of Anna has 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 City of Anna has chosen to not accept delivery of water through the end
of the 2011 water year (ended July 31, 2012) and desires to transfer a portion of its obligated
minimum take or pay to the City of Melissa for consideration detailed in an inter -local agreement
; and
WHEREAS, the City of Melissa has indicated interest in purchasing a portion of Anna's
minimum take or pay for the water year ended July 31, 2012 as explained in a memorandum to
the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated
October 15, 2012 by Don Paschal, consultant to said cities, which memorandum is attached to
said Inter -local agreement as Exhibit A; and
WHEREAS, it is acknowledged that a companion or similar agreement is contemplated
between the City of Melissa and the other CGMA-GTUA cities (includes Anna, Van Alstyne,
and Howe).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Anna that:
SECTION 1: The City Council of the City of Anna authorizes the execution by the City
Administrator of the attached Inter -local agreement with the City of Melissa for the terms
detailed therein providing for the following:
A. Transferring a portion of Anna's GTUA required minimum take or pay to Melissa.
B. Invoicing Melissa for the agreed portion of the 2012 water year minimum take or pay.
C. Accepting Payment from Melissa as provided for in the attached Inter -local
Res. 2012-12-11 ILA w/Melissa-Take or Pay Agreement 1 12-18-12
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.
Upon motion of Council Member Cook seconded by Council Member Bryan, the above
resolution was approved by the City Council of the City of Anna at its meeting held this 18th day
of December 2012, by the following vote:
AYE 0 NAY 19 ABSTAIN
Geren
C, i I of Anna
City, ecretary, Natha Wilkison
Ci of Anna
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Res. 2012-12-11 ILA w/Melissa-Take or Pay Agreement 2 12-18-12