R-96-06-13-10H - 6/13/1996RESOLUTION NO. R- 96- 06- 13 -10H
WHEREAS, Tal /Tex Inc. ( "Tal /Tex ") and the City previously
entered into that certain Emergency Water Supply Agreement dated
January 27, 1994, and
WHEREAS, the original expiration date of December 31, 1995
was extended by Amendment No. 1 to June 30, 1996, and
WHEREAS, Tal /Tex now requests that the expiration be
extended until December 31, 1996, pursuant to the terms of the
proposed Amendment No. 2 of Emergency Water Supply Agreement, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City, Amendment No. 2 of Emergency Water Supply
Agreement, a copy of said Amendment being attached hereto and
incorporated herein.
RESOLVED this 13th day of June, 1996.
ATTEST:
LAND, City Secretary
Id /:.
CHARLES CUL' if/R, Mayor
City of Round ock, Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL MEN BY THESE PRESENTS:
187289.1/SP2RIRVCKR/053196
AMENDMENT NO. 2 OF
EMERGENCY WATER SUPPLY AGREEMENT
This Amendment No. 2 to that certain Emergency Water Supply Agreement dated
as of January 27, 1994 (the "Original Agreement ") as amended by Amendment No., 1 dated
as of December _ , 1995 ( "Amendment No. 1") is made and entered as of the day
of June, 1996, by and between the City of Round Rock, Texas ("City "), a home rule city
located in Williamson County, Texas and Tal /Tex Inc. ('Tal /Tex "), a corporation organized
and operated under the laws of the State of Texas.
RECITALS
WHEREAS, City and Tal/Tex entered into the Original Agreement on January 27,
1994; and
WHEREAS, City and Tal /Tex entered into Amendment No. 1 on December _,
1995; and
WHEREAS, City and Tal /Tex once again desire to
pursuant to Paragraph 8.10 thereof:
NOW THEREFORE, for and in consideration
obligations and benefits herein contained, City and Tal /T
1. Extension of Term. Article VI of the Orig
Amendment No. 1 is hereby amended to read as follows:
This Agreement shall terminate on (1) December 31, 1996, (2) when Tal /Tex
procures another water supplier with sufficient capacity to serve all of
Tal /Tex's customers, or (3) when Tal /Tex's wells are determined to be safe
for production and such wells are finally approved for use by the TNRCC,
with sufficient capacity to serve all of Tal/Tex's customers, whichever occurs
first. In the event this Agreement is terminated prior to December 31, 1996
because of item (3) above, and Tal /Tex's wells suffer further contamination
by petroleum hydrocarbons originating from the current Southland spill, this
Agreement shall revive for the remainder of the term through December 31,
1996, subject to early termination because of item (2) above. If not
terminated sooner, this Agreement shall automatically terminate on
December 31, 1996 and no extensions are presently contemplated. It is the
understanding of City and Tal /Tex that this Agreement is for temporary
emergency wholesale water service. If Tal/Tex procures another permanent
water supplier prior to December 31, 1996, Tal /Tex must notify City of the
date the new water source will go on line, and this Agreement will terminate
on said date.
2. City Authorization of Amendment No. 1. This Amendment No. 2 and all of
its provisions have been authorized, approved and entered into by City by virtue of action
taken by the City Council pursuant to law and has been executed by its Mayor, and attested
by its Secretary, upon its authority of a resolution passed at a meeting of the Round Rock
City Council held on the _ day of June, 1996.
3. Continued Validity . Except as amended hereby, all terms and conditions of
the Original Agreement as amended by Amendment No. lshall remain in full force and
effect.
ATTEST:
The effective date of this Amendment No. 2 is the _ day of June, 1996.
187289.1ISP2rrK PJTKR/053196
THE CITY OF ROUND ROCK, TEXAS
221 Eas Main Street
Rounordt, Texas 78664
By
Mayor
187289.1/SP2rrKRrrKR/053196
TAL /TEX INC.
Post Office Box 525
Leander, Texas 78641
By:
President
DATE: June 10, 1996
SUBJECT: City Council Meeting, June 10, 1996
ITEM: 10.H Consider a resolution authorizing the
Mayor to execute an amendment extending
the term of the Emergency Water Supply
Agreement with Tal - Tex, Inc.
STAFF RESOURCE PERSON: Steve Sheets and /or Jim Nuse
STAFF RECOMMENDATION: Approval of the resolution
In the summer of 1994, water wells belonging to Tal -Tex, Inc.
became contaminated from a gasoline storage tank located at a
nearby 7 -11 convenience store. In January of 1994, the City agreed
to supply Tal -Tex with emergency water pursuant to the terms of an
Emergency Water Supply Agreement. The original expiration date of
the Agreement was December 31, 1995, but it was extended for an
additional six months to June 30, 1996. Tal -Tex would again like to
extend the agreement for an additional six month period while plans
are finalized for treatment of its well water.
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