Res 1853 9/21/1976RESOLUTION NO.1RS3
RESOLUTION APPROVING WATER PURCHASE CONTRACT WITH
THE CITY OF ARCHER CITY, TEXAS.
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 Archer City, Texas, is hereby approved, and
the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 21st day of September
1976.
1/4/A Y O
ATTEST:
City Clerk
WATER PURC1ASE CONTRACT
THIS CONTRACT for the sale and purchase of water is entered into as of the
day of 1976, between the City of Wichita Falls, Texas, hereinafter
referred to as the "City", and City of Archer City, Texas, hereinafter referred to as
Archer City".
WITNESSETH :
WHEREAS, Archer City is organized and established under provisions of the
laws of the State of Texas. One of the duties of Archer City is the construction and
operation of a water supply and distribution system serving water users within the
corporate limits of Archer City and to accomplish this purpose, Archer City will re-
quire a supply of raw water; and,
WHEREAS, the City owns Lake Kickapoo, a water reservoir with capacity
capable of serving the present customers of the City system and the estimated num-
ber of water users to be served by Archer City; and,
WHEREAS, by Resolution No. 1853 , enacted on the 21st day of
September , 1976, by City, (Attached hereto as Exhibit "A"), which authorized the
City to sell raw water to Archer City; and,
WHEREAS, Archer City will operate a water treatment and distribution sys-
tem, and serve its customers; and
WHEREAS, by resolution of the City Council of Archer City (Attached hereto
as Exhibit "B"), enacted on the day of 1976, such City
Council of Archer City authorized purchase of raw water by Archer City from the
City in accordance with the terms set forth in the said resolution and further author-
ized execution of this contract.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for
value received, the City and Archer City 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 he plans and approved by the City, in
sufficient quantities to meet Archer City's needs for 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
structure at Lake Kickapoo, Texas, at a location mutually acceptable to the City
and Archer City. It is also the intent of Archer City to construct a ten (10) inch
transmission line from Lake Kickapoo to Archer City.
Section 1. 2: Maximum amount of water to be diverted by Archer City from
Lake Kickapoo shall not exceed six hundred thousand (600, 000) gallons per day unless
a greater amount is approved in writing by the City.
Section 1. 3: Archer City shall furnish, install, operate and maintain at
its own expense at the diversion point, the necessary metering equipment, including
a meter house or pit, and required devices of standard type for properly measuring
and recording the quantity of water diverted from Lake Kickapoo. Type and location
of meter shall be agreed to by City and Archer City prior to diversion of water.
Archer City 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 such 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 corres-
ponding period immediately prior to the failure, based on existing records unless City
and Archer City shall agree on a different amount.
Section 1.4: Thirty (30) days prior to estimated date of completion of con-
struction of Archer City water supply and distribution system, Archer City will notify
City in writing the date of initial diversion of water.
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Section 1.5: When requested by Archer City after metering equipment
has been installed, the City will agree to diversion of sufficient water for testing,
flushing, and trench filling the system during construction for which Archer City
will pay City at the rate set out of eight and one half cents ($0. 085) per one thou-
sand (1, 000) gallons. However, minimum rate will not apply to this water used
for testing the system.
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
shall be approved by the City before advertising for construction of any facilities.
Section 2. 0: The cost of water purchased by Archer City shall be based
on the following schedule:
0. 085 per 1, 000 gallons
MINIMUM MONTHLY BILL $200. 00
This water rate is subject to modification after two years to twice the actual cost of
providing raw water and thereafter every two (2) years on the basis of twice the de-
monstrated increase or decrease in the cost to provide raw water, to include any
factor developed for replacement cost of capital facilities.
Section 2. 1: The City will read the Archer City meter on the first day of
each month during the term of this Contract. Archer City and City shall have free
access to read meters daily if they so desire. The City will provide Archer City no
later than the 10th day of each month, with an itemized statement of the amount of
water metered to Archer City during the preceding month. Archer City shall pay to
the City the amount of itemized statement for any month no later than 20th day for
the preceding month's usage.
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Section 3. 0: This Contract shall extend for a term of forty (40) years
from the date of the initial metering of any water to Archer City. Unless water is
taken within two (2) years from date hereof, this Contract shall be void. At the ex-
piration of the term of this Contract, same may be renewed or extended for such term
or terms, as may be agreed upon by the City and Archer City. City may cancel this
Contract at any time during the life of the Contract in the event,Archer City fails to
make any payment due hereunder within sixty (60) days after same becomes due; or,
if Archer City breaches any covenant herein other than payment of the monthly state-
ment, and such breach continues for sixty (60) days after City gives Archer City written
notice thereof.
Section 4. 0: Archer City shall not be required to furnish water to any resi-
dent of City. If City extends its city limits to include any consumer of water from
Archer City, Archer City will continue to provide water to such consumer. When
City is able to extend its own water distribution system which could provide such
consumer with City's water, such consumer shall be allowed the choice of remaining
on Archer City system or tying into City's system. Provided however, it is under-
stood and agreed the foregoing Section is subject to the restriction of 7U.S. C. Section
1926 (b) as amended.
Section 5. 0: Archer City shall permit the water to be used only for normal
residential, commercial and municipal purposes. Unless written permission is ob-
tained from City, water shall not be used for agricultural irrigation, cattle feed lots,
or any processing or manufacturing concern which uses such water in other than normal
residential or commercial quantities. Archer City 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. Archer City shall not
sell any water to any private party for resale by such private parties to third parties.
Present service area of Archer City shall be evidenced by an attachment as indicated
in Exhibit "C". Any extension of the service area and system must be approved in
writing by the City.
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y
CITY OF WICHITA FALLS, TEXAS
I.•
BY:
ITY MANAh R
ATTEST:
DEPUTY CITY CLERK
CITY OF ARCHER CITY, TEXAS
BY:
MAYOR
ATTEST:
SECRETARY
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