Res 1578 9/24/1974RESOLUTION NO. 65'7f
RESOLUTION APPROVING SECOND AMENDMENT TO
WATER PURCHASE AGREEMENT BETWEEN CITY OF
WICHITA FALLS AND CITY OF SCOTLAND, AUTH-
ORIZING SALE OF WATER TO WINDTHORST.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
That certain Second Amendment of Water Purchase Con-
tract, a copy of which is attached hereto, between the City
of Wichita Falls and the City of Scotland is hereby approved,
and the City Manager is authorized to execute the same for
the City of Wichita Falls.
PASSED AND APPROVED THIS THE 24TH DAY OF SEPTEMBER,
1974.
ATTEST:
2'
C I T C L E R K
SECOND AMENDMENT OF WATER PURCHASE CONTRACT
WHEREAS, the City of Wichita Falls, Texas and the City
of Scotland, Texas heretofore executed a Water Purchase Con-
tract as of the 2nd day of February, 1971, which contract was
amended by instrument dated February 1st, 1972; and,
WHEREAS, the two cities desire to make a second amend-
ment of such contract.
NOW, THEREFORE, the City of Wichita Falls and the City
of Scotland do hereby mutually agree as follows.
Section 5. 0 of such contract is hereby amended by add-
ing to such Section the following:
Notwithstanding the provisions of the preceding para-
graph, Scotland may sell water to the Windthorst Water Supply
Corporation, to be delivered from one delivery point, pursuant
to a written contract, the form and content of which has been
approved by the City of Wichita Falls. Windthorst shall per-
mit the water to be used only for normal residential, commer-
cial, dairy and municipal purposes. Unless written permission
is obtained from City, water shall not be used for agricultural
irrigation, or by any processing or manufacturing concern which
uses such water in substantial quantities or for other munici-
palities and residential or commercial subdivision on the trans-
mission main. Windthorst shall not sell any water to any pri-
vate party for resale by such private parties to third parties.
Windthorst shall not sell water to any consumer outside of the
boundaries of the extraterritorial jurisdiction of the Town of
Windthorst, except for small single connections on transmission
main between Scotland and Windthorst and immediately outside of
the extraterritorial jurisdiction of Windthorst with approval
of City' s Director of Public Utilities. All services on Wind-
thorst' s system shall be separately metered. "
Except as amended herein and by the instrument dated
February 1st, 1972, such contract of February 2nd, 1971 shall
remain in full force and effect.
The parties hereto have caused this instrument to be
executed this the day of September, 1974.
CITY OF WICHITA FALLS, TEXAS
BY:
City Manager
ATTEST:
City Clerk
CITY OF SCOTLAND, TEXAS
BY: 3: 22z2ZZ,j--
Mayor
ATTEST:
City Secretary
2