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Res 2071 1/3/1978RESOLUTION NO. 2071 RESOLUTION APPROVING SECOND AMENDMENT TO WATER PURCHASE CONTRACT WITH THE CITY OF BURKBURNETT, TEXAS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Second Amendment to Water Purchase Contract, a copy of which is attached hereto, which amends that certain water purchase contract dated March 19, 1973 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 3rd day of January, 1978. jr / MAYOR ATTEST: City Clerk SECOND 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 for a commodity rate of sixteen cents per 100 cubic feet, plus a demand rate, which rates are subject to modification at the end of every five year period; and, WHEREAS, there has been an increase in the costs of performance of the 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 March 19, 1973 is hereby amended so that the commodity rate shall be nineteen and one-half cents per 100 cubic feet of water; the demand rate shall remain unchanged. 2. The fifth sentence from the end of Section 2. 0 of said contract dated March 19, 1973 is hereby amended to read as follows: The commodity and demand rates are subject to modification every two year period, or when the domestic water rate for Wichita Falls customers is changed, whichever occurs sooner." 3. The effective date of this amendment shall be April 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this the 3rd day of January, 1978. CITY OF WICHITA FALLS, TEXAS BY: City Man r ATTEST: City Clerk CITY OF BURKBURNETT, TEXAS BY: MAYOR ATTEST: City Secretary