Loading...
Res 2314 3/20/1979RESOLUTION NO. 43/5/ RESOLUTION APPROVING THIRD AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK. 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 Iowa Park 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. M A Y O R ATTEST: City Clerk THIRD AMENDMENT TO WATER PURCHASE CONTRACT WHEREAS, under date of January 10, 1972 the City of Wichita Falls and the City of Iowa Park entered into a water purchase contract, by which Wichita Falls sold water to Iowa Park under the schedule of rates established in Section 2. 0 of such contract; and, WHEREAS, this contract was amended on March 1, 1977 and January 1, 1978 whereby rates were subject to modification every two year period, or when the domestic water rates for Wichita Falls' customers is changed, whichever occurs sooner; and, WHEREAS, there has been an increase in costs of providing water under this contract and Wichita Falls' domestic water rates have 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 January 10, 1972 and amended on March 1, 1977 and January 3, 1978 is hereby amended as follows: Section 2. 0: The cost of water purchased by Iowa Park shall be based in accordance with the following schedule of rates: 0.375 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 Iowa Park by January 1, 1980. The schedule of rates beginning with all water bills rendered after April 30, 1980 could also include a "reservoir capacity charge" designed to cover the cost of reservoir space required to meet Iowa Park's future needs, but for water not actually being taken in the maximum daily amount as contained in Section 1. 8 of this contract. 2. The effective date of this amendment shall be for all water bills rendered after April 30, 1979. Y , 3. Section 1. 8 of said contract dated January 10, 1972 is hereby amended as follows: Section 1. 8: Maximum amount of water to be furnished by City to Iowa Park will not exceed 266,666 cubic feet per day. In the event of an emergency, City may consider a request by Iowa Park 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 WITNESS WHEREOF, the parties herto 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 IOWA PARK, TEXAS BY: Mayor ATTEST: City Secretary 2-