Res 2929 12/1/1981RESOLUTION NO. ,,4:417
RESOLUTION APPROVING THIRD AMENDMENT
TO WATER PURCHASE CONTRACT WITH DEAN
DALE WATER SUPPLY CORPORATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS , TEXAS , THAT:
That certain Third Amendment to Water Purchase Contract ,
a copy of which is attached hereto, between the City of
Wichita Falls and Dean Dale Water Supply Corporation, is
hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls .
Passed and approved this the 1st day of December, 1981 .
f
MAYOR
ATTEST :
CITY CLERK
THIRD AMENDMENT TO WATER I'i ('IIASE ('0';1 '.AC'l'
I!
This Third Amendment to Water Purchase C niiract mare
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and entered into this the 1st day o` December, 1981 , by and0
between the City of Wichita Falls, Texas and Dean Dale Hater
it Supply Corporation,
WITNESSETIi:
WHEREAS, the City of Wichita Falls and Dean Dale Water Y.; -„,ti_,; . ,, „.s ., .ii,... -.
Supply Corporation entered into a water purchase contract
dated March 2, 1977, and the parties desire to amend such
a4 6:7- ,-.
4
contract.
NOW, THEREFORE, the parties hereto do hereby agree as r;p
I: follows:
Section 5.0 of said contract dated March 2, 1977 is
lihereby amended to read as follows:
Section 5.0: Corporation shall permit the water to be
ir used only for normal residential and commercial purposes. Unless
written permission is obtained from City, water shall not be
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used for extensive agricultural irrigation, or by any processing
or manufacturing concern which uses water in substantial
quantities, or for other municipalities and/or residential and/or r gyp^r -- L
II
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commercial subdivisions. Corporation may sell water directly to
customers located within the city limits of the Town of Jolly and
I!the Town of Dean provided such customers are located within the
service area of corporation. Permission to serve such subdivisions
IP may be given by the City if the subdivision complies with the
City's subdivision regulations, building code, electrical code
II
and plumbing code; if such subdivision is located outside City's
extraterritorial jurisdiction, compliance with such regulations
and codes may be waived if the subdivider furnishes the City with
IIa copy of any subdivision plat which is filed with the County
Clerk. No connections shall be made. to existing water service mot:' t
IIlines located in or extensions made into aircraft accident
potential and/or noise zones of Sheppard Air Force Base without
specific approval of the City. Such zones shall be those shown
Page 3 of 10 Pages
Agenda Item No. 12.i.
p
I, f ro y .raap'yy4qq
4 t..1s
in the most recent Air Installation ('ompatibl. se Zone Study
for Sheppard Air Force Base.
The Corporation shall not sell any water to privat. parties
for resale by such private parties to third parties. Corporation
shall be allowed to make single connections to the Corporation's
system with notification to the City of such action, provided
the maximum daily allowable as set out in the contract is not
exceeded. The Corporation shall not sell water to any consumer
outside their service area as on file with the City and/or the
Public Utility Commission of Texas. Approval by the City shall "'' y :•
be required for any service area change, which approval shall
unreasonablynotbeunreasy withheld.,.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first set out
above.
CITY OF WICHITA FALLS, TEXAS
BY:
City Manager
ATTEST:
1-/71V Arg'n`x-,r,.cw 501;
Mt
City Clerk p
DEAN DALE WATER SUPPLY CORPORATION
BY: r .
President
ATTEST:
Secretary
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2-
Page 4 of 10 Pages
Agenda Item No. 12.i.