Res 2319 4/3/1979RESOLUTION NO.
RESOLUTION APPROVING WATER PURCHASE CONTRACT
WITH THE CITY OF ELECTRA.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS , TEXAS, THAT:
That certain Water Purchase Contract, a copy of which
is attached hereto, between the City of Wichita Falls and
the City of Electra, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the 3rd day of April, 1979.
MAYOR
ATTEST:
t / L/ _ti/t
City Clerk
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WATER PURCHASE CONTRACT
TIIIS CONTRACT for the sale and purchase of water is entered into as of the
day of 1979, between the City of Wichita Falls, Texas, here±
inafter referred to as the "City", and City of Electra, Texas, hereinafter referred tq
as "Electra".
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WITNESSETH : II
WHEREAS, Electra is organized and established under provisions of the laws of
the State of Texas. One of the duties of Electra is the construction and operation of a
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water supply and distribution system serving water users within the corporate limit
of Electra and to accomplish this purpose, Electra will require a supply of raw wat 'r;
and,
WHEREAS, the City owns Lake Kickapoo and Lake Arrowhead, water reservoirs
with capacity capable of serving the present customers of the City system and the
mated number of water users to be served by Electra; and,
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WHEREAS, by Resolution No. enacted on the day of
1979, by City, (Attached hereto as Exhibit "A"), which authorized the
City to sell raw water to Electra; and,
WHEREAS, Electra will operate a water treatment and distribution system, and
serve its customers; and
WHEREAS, by resolution of the City Commission of Electra (Attached hereto as
Exhibit "B"), enacted on the day of 1979, such City Corn-
mission of Electra authorized purchase of raw water by Electra from the City in accord-
ance with the terms set forth in the said resolution and further authorized execution of
this contract.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value
received, the City and Electra mutually agree to the following; to-wit:
Section 1. 0: City will allow water (RAW WATER) to be diverted from Lake
Kickapoo at the diversion point shown on the plans and approved by the City, in suf-
ficient quantities to meet Electra's needs for the resale to consumers, subject only to
terms and provisions of this contract.
Section 1. 1: Diversion point shall be at the water line and at an intake struc-
ture at Lake Kickapoo, Texas, at a location mutually acceptable to the City and Electra.
It is also the intent of Electra to construct a transmission line from Lake Kickapoo to
Electra.
Section 1. 2: Maximum amount of water to be diverted by Electra from Lake
Kickapoo shall not exceed five hundred thousand (500, 000) gallons per day unless a
greater amount is approved in writing by the City.
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Section 1. 3: Electra shall furnish, install, operate and maintain at its own
expense at the diversion point, the necessary metering equipment, including a mete
house or pit, and required devices of standard type for properly measuring and record-
ing the quantity of water diverted from Lake Kickapoo. Type and location of meter shall
be agreed to by City and Electra prior to diversion of water. Electra shall calibrate
such metering equipment whenever requested by City but not more frequently than once
every twelve (12) months. A meter registering not more than two percent (2%) above;
or below the test result of the rated capacity of the meter shall be deemed accurate.
The previous reading of any meter disclosed by test to be inaccurate shall be corrected
for the twelve (12) months previous to such test in accordance with the percentage of
inaccuracy found by sucn tests and existing records. If any meter fails to register for
any period, the amount of water furnished during such period shall be deemed to be the
amount of water diverted in the corresponding period immediately prior to the failure,
based on existing records unless City and Electra shall agree on a different amount.
Section 1.4: Thirty (30) days prior to estimated date of completion of con-
struction of Electra transmission system, Electra will notify City in writing the date
of initial diversion of water.
Section 1. 5: When requested by Electra after metering equipment has been in-
stalled, the City will agree to diversion of'sufficient water for testing, flushing, and
trench filling the system during construction for which Electra will pay City at the rate
set out of fourteen cents ($0. 14) per one thousand (1, 000) gallons. However, minimum
rate will not apply to this water used for testing the system.
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Section 1.6: Location and Easements - The location of the proposed pump
station and intake structure shall be approved by the City, and the pump station site
acquired or obtained by long term lease at an agreed upon price from the City before
detailed plans and specifications are made. Easements for the pipe lines across City
property shall be acquired from the City before any pipe lines are constructed.
Section 1. 7: Approval - Pump station and pipe lines must be approved by
Texas State Health Department before any construction.
Section 1. 8: Plans and Specifications Approval - Plans and Specifications H
shall be approved by the City before advertising for construction of any facilities.
Section 2. 0: The cost of water purchased by Electra shall be based on
the following schedule:
0. 14 per 1, 000 gallons
Minimum Monthly Bill $400. 00
This water rate is subject to modification annually based upon a rate making systeni
and formula to be developed by Wichita Falls and submitted to Electra by January 4
1980. Any change in water rates will become effective with water bills rendered after '
April 30 of each year. The schedule of rates beginning with all water bills rendered
after this system is placed into operation could also include a "reservoir capacity
charge" designed to cover the cost of reservoir space required to meet Electra's future
needs but for water not actually being taken in the maximum daily amount as contained
in Section 1.2 of this contract.
Section 2. 1: The City will read the Electra meter on the first day of each month
during the term of this Contract. Electra and City shall have free access to read meters
daily if they so desire. The City will provide Electra no later than the 10th day of each
month, with an itemized statement of the amount of water metered to Electra during the
preceding month. Electra shall pay to the City the amount of itemized statement for any
month no later than 20th day for the proceeding month's usage.
Section 3. 0: 'Phis Contract shall extend for a term of forty (40) years from the
date of the initial metering of any water to Electra. Unless water is taken within two .
2) years from date hereof, this Contract shall be void. At the expiration of the term
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of this Contract, same may be renewed or extended for such term or terms, as may j!
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be agreed upon by the City and Electra. City may cancel this Contract at any time
iduringthelifeoftheContractintheevr•.nt Electra fails to make any payment due here-j
under within sixty (60) days after same becomes due; or, if Electra breaches any co‘r
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enant herein other than payment of the monthly statement, and such breach continues
for sixty (60) days after City gives Electra written notice thereof.
Section 4. 0: Electra shall not be required to furnish water to any resident
of City. If City extends its city limits to include any consumer of water from Electra,
Electra will continue to provide water to such consumer. When City is able to exten
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its own water distribution system which could provide such consumer with City's wa r,
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such consumer shall be allowed the choice of remaining on Electra's system or tyin
into City's system. Provided however, it is understood and agreed the foregoing H
Section is subject to the restriction of 7U.S.C. Section 1926 (b) as amended.
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Section 5. 0: Electra shall permit the water to be used only for normal resil
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dential, commercial, industrial and municipal purposes. Unless written permission'
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is obtained from City, water shall not be used for agricultural irrigation, cattle feed
lots, or any processing or manufacturing concern which uses such water for other than
normal domestic quantities. Electra shall permit water to be used only within its city
limits and extraterritorial jurisdiction, except for service outside these boundaries in
existence at the time of executing this agreement which service area descriptions shall
be provided to the City at the time of executing this contract. Electra shall not sell
any water to any private party for resale by such private parties to third parties.
Section 5. 1: It is distinctly understood between parties hereto that City owes
its primary obligation and duty to the citizens of Wichita Falls; in the event of an ex
tended shortage of water, or the supply of water available to City is otherwise dimin-
ished over an extended period of time so that it becomes necessary to ration the water
sold to citizens of Wichita Falls, the supply of water to Electra consumers shall be
reduced or diminished in the same ratio or proportion as the supply to the citizens of
Wichita Falls is reduced or diminished.
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Section G. 0: This Contract is subject to such rules, regulations, or laws,
as may be applicable to similar agreements in the State of Texas; the City and
Electra will collaborate in obtaining such permits, certificates, or the like, as may i
be required to comply herewith.
Section 7. 0: Any amendment to this Contract shall be in writing and executed!
by both City and Electra. i!
Section 8. 0: This contract shall not be assignable without the approval of City,
except Electra may assign and/or mortgage lease to the United States of America,
acting through the Farmers Home Administration. However, in the event of any oc-
currence rendering Electra incapable of performing under this lease, any successor i
of Electra, whether the result of legal process, assignment or otherwise, shall suc-
ceed to the rights of Electra hereunder.
Section 8. 1: The construction of the water supply distribution system by the
Purchaser is being financed by a loan made or insured by, and/or a grant from, the
United States of America, acting through the Farmers Home Administration of the
United States Department of Agriculture, and the provisions hereon pertaining to the !
undertakings of the Purchaser are conditioned upon the approval,P pproval, in writing, of the
State Director of the Farmers Home Administration.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their
respective governing bodies, have caused this Contract to be duly executed in three
counterparts, each of which shall constitute an original.
CITY OF WICHITA FALLS, TEXAS
BY:
ATTEST: •
CITY MANAGER
CITY CLERK
CITY OF ELECTRA, TEXAS
BY:
ATTEST:MAYOR
SECRETARY
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