Res 1429 7/3/1973i
RESOLUTION NO. /41V9
RESOLUTION APPROVING AMENDMENT TO
WATER PURCHASE CONTRACT BETWEEN
THE CITY OF WICHITA FALLS AND THE
CITY OF BURKBURNETT.
WHEREAS, heretofore the City of Wichita Falls and the
City of Burkburnett entered into a Water Purchase Contract
dated March 19 , 1973, which contract was authorized by
Resolution No. 1397 of the City of Wichita Falls; and,
WHEREAS, the parties desire to amend such contract, to
enlarge the amount of the capacity of the line which will
be purchased by Wichita Falls from Burkburnett.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS , TEXAS, THAT:
That certain agreement between the City of Wichita Falls
and the City of Burkburnett, a copy of which is attached
hereto, which amends the Water Purchase Contract dated March
19, 1973, is hereby approved, and the City Manager is author-
ized to execute the same for the City of Wichita Falls , Texas.
PASSED AND APPROVED THIS THE 3RD DAY OF JULY, 1973.
M A O ]t
ATTEST:
City Clerk
f
I
AMENDMENT OF WATER PURCHASE CONTRACT
WHEREAS, heretofore the City of Wichita Falls and the
City of Burkburnett entered into a water purchase contract
dated March 19 , 1973; and,
WHEREAS , the parties desire to amend Section 1. 5 and
Section 1.6 of said contract .
Now, therefore, for and in consideration of the mutual
benefits to be derived by the parties by the amendment of
such contract, do hereby agree as follows :
1. Section 1. 5 of said contract dated March 19 , 1973
is hereby amended so that it shall read as follows :
Section 1. 5 : City shall purchase the equivalent of an
eight inch (8") capacity in the transmission line from
Delivery Point to Metering Point. This purchase shall be
accomplished by the City paying to Burkburnett the equivalent
cost of constructing an eight inch (8") water main from
Delivery Point to Metering Point as determined either by bid
or the going costs of such construction at the time of bidd-
ing. City shall have the right, through its Director of
Public Utilities , to authorize connections to the transmission
line between Delivery Point and Metering Point (south extra-
territorial jurisdiction line of Burkburnett) . "
2. Section 1. 6 of said contract dated March 19 , 1973
is hereby amended so that it shall read as follows :
Section 1.6 : Connections to the transmission line by
the City as authorized in Section 1. 5 shall be made for total
water usage up to and including the estimated capacity of an
eight inch (8") water main (1 ,600 ,000 gallons per day) . This
amount may be increased or decreased by mutual agreement of
both parties . At the time that this ultimate capacity is
reached, City may either refuse to authorize further connec-
tions into the transmission line between Metering Point and
Delivery Point or choose to construct a parallel water trans-
mission/distribution line to serve anywhere between the
Delivery Paint and Metering Point. If the latter option is
chosen, Burkburnett will repay to the City the depreciated
value of the equivalent eight inch (8") water line cost. All
connections will then be removed from the Burkburnett trans-
mission line by the City. Burkburnett may also request the
removal of City connections by paying to the City the
depreciated value of the equivalent eight inch (8") water line
cost with at least a nine (9) month notice of such action.
Such action may be taken only when such capacity is needed to
meet Burkburnett service requirements. The depreciated value
of the equivalent eight inch (8" ) water line shall be determined
on a straight line basis as follows : the original value shall
be the amount paid by City to Burkburnett as provided in Section
1.5 above, and this value shall be depreciated at the rate of
2% per year from the time Burkburnett starts buying water under
this Contract. "
IN WITNESS WHEREOF, the parties have caused this agreement
to be duly executed this the day of July, 1973.
CITY OF WICHITA FALLS , TEXAS
By:
City Manager
ATTEST:
City Clerk
CITY OF BURKBURNETT, TEXAS
By:
ATTEST:
City Secretary
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