Res 068-99 7/15/1999RESOLUTION NO. CQ -�i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING AN EXTENSION AND AMENDMENT TO
THE CONTRACT FOR THE OPERATION AND MAINTENANCE OF THE
JOINTLY -OWNED LAKE AND CANAL SYSTEMS, ENTERED INTO BY
AND BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA
COUNTY WATER IMPROVEMENT DISTRICT NO. 2; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement
District No. 2 have maintained an agreement for the operation and maintenance of
Lake Kemp, the diversion reservoir, main canals, laterals, and other facilities used in
connection therewith for many years; and,
WHEREAS, it is desirable to amend said agreement at paragraphs 5 and 6 so as
to extend the agreement for a period of ten (10) years from October 1, 1998, and also
to add clarifying language to paragraph 6.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The proposed amendments to the operation and maintenance
contract for the jointly -owned lake and canal systems between the City of Wichita Falls
and the Wichita County Water Improvement District No. 2 are hereby approved, and the
City Manager is authorized to execute such amendments on behalf of the City.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 15th day of July, 1999.
ATTEST:
City Clerk
)MAYOR
. , ,
STATE OF TEXAS §
COUNTY OF WICHITA §
AMENDMENT AND EXTENSION TO CONTRACT FOR THE
OPERATION AND MAINTENANCE OF JOINTLY -OWNED
LAKE AND CANAL SYSTEMS
This amendment and extension to the contact for the operation and
maintenance of jointly -owned lake and canal systems, made and entered into by and
between the City of Wichita Falls and the Wichita County Water Improvement District
No. 2 this I'4 +n of July, 1999,
WITNESS ET H:
WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement
District No. 2 have executed an operation and maintenance agreement for the jointly-
owned lake and canal systems; the latest extension of said agreement dated the 30th
day of September, 1998; and,
WHEREAS, it is desirable to amend said agreement at paragraphs 5 and 6 to
provide an extension of the agreement, and further to clarify the intent of the parties
as to consideration to be paid by City.
I
NOW, THEREFORE, the parties hereto do hereby agree as follows:
"The term of this agreement shaff be for a period of ten (.z 0) years from and
after October 1, 1998 subject to the provisions of paragraph 6.
Paragraph 6 of said contract referenced herein is amended to read as follows:
"6. Further, as a part of the consideration for this agreement, City shall pay
to District $157,500.00 per year for each year of the contract. Such payments shall
be made in monthly installments of $13,125.00 each; the first such monthly
installment shall be paid on or before October 15, 1998, and a like monthly
installment shall be paid on or before the 15th day of each month thereafter duringthe
term of this agreement. ft is further the intent of the parties that in any future
extension of this agreement beyond October 1, 2008, revenues derived from the
safe of water to Archer Power Partners L.P., will not be factored into the amount
of consideration paid by the City to the District under this section. ff the sale of
water does not equal or exceed revenue from the sale of water to the West Texas
Utilities, this contract shaft end on October 1, 2003. "
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by their duly authorized officers on the date specified above.
City of Wichita Falls, Texas
es BerzXa, City Marra'&
Attest:
City Cler
Wichita County Water Improvement
District No. 2
By:
J mmy Ban s, General Manager
Attest:
',"& /J,�-
Secr ry, Board of Directors