Res 2311 3/20/1979RESOLUTION NO. cg1/,/
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:
That certain Third Amendment to Water Purchase Contract,
a copy of which is attached hereto, between the City of Wichita
Falls and the City of Burkburnett is hereby approved, and the
City Manager is authorized to execute the same for the City of
Wichita Falls.
PASSED AND APPROVED this the 20th day of March, 1979.
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MAYOR
ATTEST:
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City lerk
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 amendment 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 2. 0 of said contract dated March 19, 1973 and as amended
on January 3, 1978 is hereby amended 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
system and formula to be developed by Wichita Falls and submitted to
Burkburnett by January 1, 1980. The schedule of rates beginning with
all water bills rendered after April 30, 1980 could also include a "reser-
voir capacity charge" designed to cover the cost of reservoir space re-
quired to meet Burkburnett's future needs, but for water not actually being
taken in the maximum daily amount as contained in Section 1.10 of this con-
tract.
2. The effective date of this amendment shall be for all water bills
rendered after April 30, 1979.
3. Section 1.10 of said contract dated March 19, 1973 is hereby
amended as follows:
Section 1.10: 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 may consider a request by Burkburnett for an
increase in the maximum amount of water to be furnished. If such
emergency increase in maximum amount of water is approved, it
will be temporary and for a specific duration of time. In no event
will the maximum amount of water approved be greater than the ca-
pacity of the Burkburnett transmission pipe and the then existing
capacity of the Wichita Falls water system.
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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