Res 174-98 12/1/1998RESOLUTION NO. I r(
RESOLUTION AUTHORIZING AN AMENDMENT TO SECTION 5.4 OF
THE WATER PURCHASE CONTRACT BETWEEN THE CITY OF
WICHITA FALLS AND THE WICHITA VALLEY WATER SUPPLY
CORPORATION; 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 Valley Water Supply
Corporation entered into a water purchase contract dated August 6, 1991, which
defined the terms and conditions for the sale of raw water by the City to the
Corporation; and,
WHEREAS, the City and the Corporation have amended the contract on five
previous occasions, and now desire to execute a sixth amendment at Section 5.4 of
said contract, concerning procedures for supplying water for new customers of the
Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. All of the above and foregoing preambles and recitals are found to
be true and correct and made a part hereof for all purposes.
SECTION 2. Section 5.4 of the Water Purchase Contract between the City of
Wichita Falls and the Wichita Valley Water Supply Corporation dated August 6, 1991, is
hereby amended to read as follows:
"Section 5.4 Notwithstanding any other provisions of the August 6, 1991 Water
Purchase Contract, or any amendments thereto, the CORPORATION hereby agrees,
pursuant to Local Government Code Section 212.012 and 30 TAC Section 291.83, with
respect to retail water service to property located within the City of Wichita Falls' extra-
territorial jurisdiction ( "ETJ "), for which the CITY has land use authority pursuant to the
authority cited, that CORPORATION shall comply with the requirements set forth within
the referenced provisions of the Local Government Code before making a connection
for retail water service; provided, however, CORPORATION further agrees that any
applicant seeking water service within the CITY'S ETJ, but within CORPORATION'S
certificated service area, shall be the subject of notice to the CITY. CITY further agrees
that it shall not unreasonably withhold approval and that it shall act on all
CORPORATION'S requests for approval within a time period specified in the Texas
Local Government Code Section 212.012, and, unless the Local Government Code
provides for a shorter period, all responses by the CITY shall be made in a time period
not to exceed thirty (30) days."
SECTION 3. 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 1 st day of December, 1998.
ATTEST:
City Clerk
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