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Res 100-94 7/5/1994RESOLUTION NO. n7) - (44 RESOLUTION TO APPROVE NINTH AMENDMENT TO WATER PURCHASE CONTRACT WITH ARCHER COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 WHEREAS, the City of Wichita Falls and Archer County Municipal Utility District No. 1 entered into a Water Purchase Contract on August 21, 1973 and there have been eight amendments to the original contract; WHEREAS, the current contract as amended authorizes the District to purchase sufficient water to serve 300 families; WHEREAS, current State law requires Water Purchase Contracts to specify a purchase rate, when combined with the production capacity of the purchasing party, of not less than 0 .6 gallons per minute per connection; and, WHEREAS, Archer County Municipal Utility District No. 1 has requested the incorporation of such language into the Water Purchase Contract in order that the District can meet the current rules of the State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Ninth Amendment to the Water Purchase Contract between the City of Wichita Falls and Archer County Municipal Utility District No. 1 is hereby approved, and the City Manager is authorized to execute the amendment for the City. PASSED AND APPROVED THIS THE 5th day of Jul,y, 1994 . "--7 r 040P M A Y O ' ATTEST: CI CLERK NINTH AMENDMENT TO WATER PURCHASE CONTRACT This Ninth Amendment to Water Purchase Contract made and entered into this 5th day of July, 1994, by and between the City of Wichita Falls, Texas, and Archer County Municipal Utility District No. 1. WITNESSETH: WHEREAS, the City of Wichita Falls and Archer County Municipal Utility District No. 1 entered into a Water Purchase Contract dated August 21, 1973, and the parties desire to make a ninth amendment to such contract . NOW, THEREFORE, the parties do hereby agree as follows: Section 1 . 8 of said contract, as amended by the Third Amendment dated July 9, 1979, is hereby amended to read as follows : "Section 1 . 8 : Maximum amount of water to be furnished by City to District shall be adequate to serve as many as 300 families per day in accordance with Section 1.3 of this contract unless a greater amount is approved by City.The maximum authorized daily purchase rate, plus the production capacity of the District system, shall be at least 0 .6 gallons per minute per connection. " IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above . ATTEST: CITY OF WICHITA FALLS BY: City Clerk City Manager ATTEST: ARCHER COUNTY MUNICIPAL UTILITY DISTRICT #1 BY: Secretary President