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Res 029-82 2/2/1982RESOLUTION NO. 49:--d RESOLUTION ESTABLISHING NEW RATE FOR WATER SOLD TO THE CITY OF HOLLIDAY, TEXAS, AND DIRECTING CITY ATTORNEY TO TAKE NECESSARY ACTION. WHEREAS, the City of Wichita Falls and the City of Holliday entered into a water purchase contract dated December 1, 1968 , whereby Wichita Falls would sell treated water to Holliday for a commodity rate of 14 1/2 cents per 100 cubic feet, and a demand rate of $19, 467 per 133, 333 cubic feet; and, WHEREAS, such contract provided that the commodity rate is subject to modification at the end of every five year period, and any increase or decrease in the commodity rate shall be based on a demonstrable increase or decrease in the costs of performance under such contract, but such costs shall not include increased capitalization of the city system; and, WHEREAS, by First Amendment to such water purchase con- tract, the commodity rate was increased to eighteen cents per 100 cubic feet, beginning October 1, 1975 ; and, WHEREAS, Joe M. Nall & Associates, Inc. , rate consultants, has made a water rate study for the City of Wichita Falls, and has determined that the proper rate to be charged the City of Holliday under this contract is 46. 83 cents per 100 cubic feet; and, WHEREAS, the City Council of the City of Holliday, through its mayor, has informed the City of Wichita Falls that they will not agree to any increase in the water rate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: As there has been a demonstrable increase in the costs of performance of the water purchase contract with the City of Holliday, the rate to be charged under such contract is hereby established at 46. 83 cents per 100 cubic feet; the Utility Collections Division of the City of Wichita Falls is hereby authorized and directed to charge the City of Holliday at this increased rate for all water delivered under such contract. If the City of Holliday refuses to pay for water at such rate, the City Attorney is directed to take such action as is necessary to make such rate the legal obligation of the City of Holliday. PASSED AND APPROVED this the 2nd day of February, 1982 . M A Y O R ATTEST: City lerk