Res 2386 9/4/1979RESOLUTION NO.5Op/
RESOLUTION APPROVING FIRST AMENDMENT TO WATER
PURCHASE CONTRACT WITH THE CITY OF ARCHER CITY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain First Amendment to Water Purchase Contract, a copy of which
is attached hereto, between the City of Wichita Falls and the City of Archer City
is hereby approved, and the City Manager is authorized to execute the same for
the City of Wichita Falls.
PASSED AND APPROVED this the 4th day of September, 1979.
MAYOR
ATTEST:
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City Clerk
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AGREEMENT FOR FIRST AMENDMENT TO WATER PURCHASE
CONTRACT, CITY OF ARCHER CITY, TEXAS
AND CITY OF WICHITA FALLS, TEXAS
WHEREAS, under date of September 4 , 1979 the City of
Wichita Falls and the City of Archer City approved the First
Amendment to a Water Purchase Contract between the two
cities dated September 21, 1976 ; and,
WHEREAS, the approval of the First Amendment to the
Water Purchase Contract shall be subject to the following
agreements.
NOW, THEREFORE, the parties do hereby agree as follows :
Should Archer City fail to agree to the formula
and system for water rates being developed by Wichita
Falls and provided for in the First Amendment to
Section 2. 0, the $ . 14 per 1, 000 gallons water rate
approved in the First Amendment to the Water Purchase
Contract will not prejudice Archer City in future
litigation or rate proceedings respecting the water
rate, and any such proceeding will be considered as if
this first amendment had been made to the contract
without changing the rate from $ . 085 to $ . 14 and the
minimum from $200 to $300 .
IN WITNESS WHEREOF, the parties hereto have caused the
agreement to be executed on this the . day of
1979.
CITY OF WICHITA FALLS, TEXAS
by
Cit Manager
ATTEST:
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City Clerk
CITY OF ARCHER CITY, TEXAS
by r_4".
yor
ATTEST:
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City ecretary
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FIRST AMENDMENT TO WATER PURCHASE CONTRACT
WHEREAS, under date of September 21, 1976 the City of Wichita Falls and
the City of Archer City entered into a water purchase contract, by which Wichita Falls
sold water to the City of Archer City under the schedule of rates established in Section
2.0 of such contract, which rates are subject to modification after two years to twice
the actual cost of providing raw water; and,
WHEREAS, a first amendment to the water purchase contract was approved
by Resolution 2228 which implementation was later postponed by the Board of Aldermen;
and,
WHEREAS, a subsequent first amendment to the water purchase contract was
approved by Resolution 2307 which was not executed by Archer City; and,
WHEREAS, there has been an increase in the costs of providing such raw water
under this contract, and the parties desire to amend such contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Section 2. 0 of said contract dated September 21, 1976 is hereby amended
as follows:
Section 2.0: The cost of water purchased by Archer City shall
be based in accordance with the following schedule:
0.14 per 1, 000 gallons
Minimum monthly bill $300. 00
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.
2. Resolution 2228 approving a first amendment to this water purchase contract
is hereby repealed.
3. Resolution No. 2307 approving the first amendment to this water purchase
contract is hereby repealed.
4. Effective date of this amendment shall be for all water bills rendered
after August 31, 1979.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to he
executed on this the 4th day of September 1979.
CITY OF WICHITA FALLS, TEXAS
BY:
City _anager
ATTEST:
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City Clerk
CITY OF ARCHER CITY,/ TEXAS
BY
Mayor
ATTEST:
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City Secret
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