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HomeMy WebLinkAboutR21-521228 RESOLUTION R21-521 A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS, APPROVING THE SECOND AMENDMENT TO THE MEREDITH SUPPLY AGREEMENT WHEREAS, in connection with the development and construction of the Sanford Dam and Lake Meredith comprising the "Canadian River Project," the City of Plainview, Texas (the "City") has entered into that certain Contract dated , 1961, as subsequently amended (known as the "Meredith Supply Agreement"), with the Canadian River Municipal Water Authority (the "Authority"), under which the Authority would provide all or part of the City's municipal water supply through the operation and maintenance of the Canadian River Project; and WHEREAS, the Authority has entered into similar forms of the Meredith Supply Agreement with each of the other cities that are members of the Authority (the "Member Cities"); and WHEREAS, pursuant to the terms of the Meredith Supply Agreement, as supplemented by subsequent Prepayment Agreements entered into between the Authority and each of its Member Cities, and pursuant to the financing mechanisms set out in the Meredith Supply Agreement and those Prepayment Agreements, the Authority and the Member Cities have completed the contractual repayment obligation to the United States for the Canadian River Project; and WHEREAS, pursuant to the Meredith Supply Agreement, following completion of the contractual repayment obligation to the United States for the Canadian River Project the City has a vested right to renew its water supply agreement with the Authority, subject to other water supply availability and financial conditions; and WHEREAS, the Authority has continued to provide municipal water supply to its Member Cities from the Canadian River Project and other conjunctive use sources, pursuant to the terms of the Meredith Supply Agreement and other existing contracts between the Authority and each of its Member Cities; and WHEREAS, the Authority and the Member Cities mutually desire to affirm, restate, and extend the term of the original Meredith Supply Agreement, in support of long-term municipal water supply for the Member Cities through the life of the Canadian River Project; and WHEREAS, by its Resolution No. 01/2021 — 10, dated January 13, 2021, the Authority's Board of Directors has approved the proposed form of a Second Amendment to the Meredith Supply Agreement, to extend the term of that agreement consistent with the Authority's operation and use of the Canadian River Project for the benefit of its Member Cities (the "MSA Second Amendment"), a copy of which form amendment is attached hereto as Exhibit A; and Resolution R21-521 Page 1 of 2 WHEREAS, the Authority has consulted with the U.S. Bureau of Reclamation to obtain the Bureau's required prior approval of this MSA Second Amendment; and WHEREAS, each of the Member Cities has consented to and approved the form of the MSA Second Amendment, as approved by the Board of Directors of the Authority; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1. That the City approves the terms and conditions of the MSA Second Amendment and authorizes execution of the MSA Second Amendment on behalf of the City, to be binding and effective only upon the execution of the same form of MSA Second Amendment by the Authority and each of the other Member Cities. SECTION 2. The declarations, determinations and findings declared, made and found in the preamble to this Resolution are hereby adopted, restated and made a part of the operative provisions hereof. SECTION 3. That the City Secretary be and is hereby authorized to deliver a certified copy of this Resolution and minutes pertaining to its adoption to the Secretary of the Canadian River Municipal Water Authority for said Authority's records and proceedings. SECTION 4. It is officially found, determined, and declared that the meeting at which this Resolution has been read, passed and finally adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given, all as required by the applicable provisions of the Open Meetings Act, Chapter 551, Texas Government Code. PASSED, APPROVED AND ENACTED this 22nd day o June, 2021. K� k �-- Ch rles Starn, s, yor City of Plainview, ,exas ATTEST: Belinda Hinojo a, ity Secretary City of Plainview, Texas [City Seal] Resolution R21-521 Page 2 of 2