Res 2371 7/17/1979RESOLUTION NO. of.7/
RESOLUTION APPROVING THIRD AMENDMENT TO WATER
PURCHASE CONTRACT WITH THE CITY OF BURKBURNETT
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
1. The certain Third Amendment to Water Purchase Contract, a copy of
which is attached hereto, between the City of Wichita Falls and the City of Burk-
burnett is hereby approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls.
2. Resolution No. 2311 approved on March 20, 1979 is hereby repealed.
PASSED AND APPROVED ON THIS the /7e-/--day of ,4-4-Ze-- , 1979.
MAYOR
ATTEST:
City Clerk
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THIRD AMENDMENT TO WATER PURCHASE CONTRACT
WHEREAS, under date of March 19, 1973 the City of Wichita Falls and the
City of Burkburnett entered into a water purchase contract by which Wichita Falls
sold water to Burkburnett under the schedule of rates established in Section 2. 0 of
said contract; and,
WHEREAS, this contract was amended on July 20, 1973 and January 3, 1978
which amendments established that the commodity and demand rates were subject
to modification every two year period, or when the domestic water rate for Wichita
Falls' customers changed, whichever occurred sooner; and,
WHEREAS, there has been an increase in the costs of providing such water
under this contract and the domestic water rate for Wichita Falls' customers has
been changed, and the parties desire to amend such contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Section 1. 10 of said contract dated March 19, 1973 and amended on
July 20, 1973 and January 3, 1978 is hereby amended as follows:
Section 1. 10: The maximum amount of water to be furnished to
Burkburnett will not exceed 333, 333 cubic feet per day. In the event of
an emergency, City at anytime will consider a request by Burkburnett
for an increase in the maximum amount of water to be furnished. The
maximum amount of water approved for use in an emergency situation
shall in no event be greater than the capacity of the Burkburnett trans-
mission pipe line and the then existing capacity of the Wichita Falls
water system.
2. Section 2. 0 of said contract dated March 19, 1973 and amended on July
20, 1973 and January 3, 1978 is hereby amended to read as follows:
Section 2. 0: The cost of water purchased by Burkburnett shall
be based in accordance with the following schedule:
0.45 per 100 cubic feet
This water rate is subject to modification annually for all water bills
rendered after April 30th of each year based upon a rate making sys-
tem and formula to be developed by Wichita Falls and which rate making
system and formula is mutually agreeable to both parties.
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3. The effective date of this amendment shall be for all water bills ren-
dered after April 30, 1979.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on this the day of 1979.
CITY OF WICHITA FALLS, TEXAS
BY:
City Manager
ATTEST:
City Clerk
CITY OF BURKBURNETT, TEXAS
BY:
Mayor
ATTEST:
City Secretary
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