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Res 1397 3/6/1973RESOLUTION NO. 45 7)7 RESOLUTION APPROVING WATER PURCHASE CONTRACT BETWEEN WICHITA FALLS AND BURKBURNETT. 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, providing for the sale of treated water by the City of Wichita Falls to 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 6TH DAY OF MARCH, 1973. M A Y O R ATTEST: City Clerk WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the 19 day of MARCH 1973, between the City of Wichita Falls, Texas, hereinafter referred to as the "CITY" and the City of Burkburnett, hereinafter referred to as "BURKBURNETT". WITNESSETH : WHEREAS, Burkburnett is a municipal corporation organized and estab- lished under the provisions of the laws of the State of Texas. • One of the duties of Burkburnett is the construction and operation of a water supply distribution system serving water users within the area described in plans now on file in the office of Burkburnett and to accomplish this purpose, Burkburnett will require a supply of treated water; and, WHEREAS, the City owns several water reservoirs with capacities capable of serving the present customers of the City system and the estimated number of water users to be served by Burkburnett shown in the plans of the system now on file in the office of Burkburnett; and, WHEREAS, by Resolution No.1397 enacted on the 6th day of March 1973, by the City (Attached hereto as Exhibit A"), which authorized the City to sell water to Burkburnett; and, WHEREAS, by Resolution No. 0 enacted on the I 9 day of MARCH 1973, by Burkburnett (Attached hereto as Exhibit "B"), which authorized Burkburnett to purchase water from City; and, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City and Burkburnett mutually agree to the following, to-wit: Section 1. 0: City shall deliver water ("WATER") to delivery point DELIVERY POINT") for sale to Burkburnett in sufficient quantities to meet 1- 1 Burkburnett's needs and Burkburnett shall be permitted to take same for resale to to consumers, subject only to the terms and provisions of this Contract. Section 1.1: Water delivered shall be of the same quality the City furnishes to residents of City and at a pressure the City attempts to maintain in this operation of its transmission and distribution facilities at the points of delivery to its own users. Emergency failures shall excuse the City from this provision for a reasonable period of time to restore service. Section 1. 2: Delivery point shall be located at an elevated storage tan!: it Puckett Road and Debbie Drive or at another satisfactory delivery point with appi•ov it of the City and Burkburnett. Section 1.3: Burkburnett shall have the responsibility to transport the Water from the Delivery Point to its consumers, including imparting additional pressure to adequately serve Burkburnett's consumers. Burkburnett shall provide at its own expense necessary transmission and storage from and at the Delivery and/or Metering Point to prevent abnormal demands by Burkburnett. These demands shall be equal to or less than the agreed maximum day, and the maximum hourly rate shall not be more than the maximum day flow divided by 24. A rate of flow controlling valve to control the maximum day and the maximum hourly flow shall be installed and maintained by Burkburnett at their south extraterritorial jurisdiction limit or at another approved location. Section 1.4: Burkburnett shall furnish, install, operate and maintain at its own expense at their south extraterritorial jurisdiction limit line or another approved location, the necessary demand metering equipment, including a meter house or pit, and required devices of standard type for properly measuring and recording the quantity of Water taken by Burkburnett. Type and location of meters shall be agreed to by City and Burkburnett prior to delivery of Water. Burkburnett shall calibrate such metering equipment whenever requested by the City, but not 2- 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 to be 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 pumped in the corre- sponding period immediately prior to the failure, based on existing records unless City and Burkburnett shall agree upon a different amount. Section 1.5: City shall purchase the equivalent of a six inch (6") 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 a six inch (6") water main from Delivery Point to Metering Point as determined either by bid or the going costs of such construction at the time of bidding. 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). 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 a six inch (6") water main (500, 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 connections into the transmission line between Metering Point and Delivery Point or choose to construct a parallel water transmission/distribution line to serve anywhere between the Delivery Point and Metering Point. If the latter option is chosen, Burkburnett will re- pay to the City the depreciated value of the equivalent six inch (6") water line cost. All connections will then be removed from the Burkburnett transmission line by the City. Burkburnett may also request the removal of City connections by paying to the City the depreciated value of the equivalent six inch (6") water line cost with at least a nine (9) month 3- 2-19-73 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 six inch (6") 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. Section 1. 7: Burkburnett shall be responsible for maintenance of the transmission line from Delivery Point to Metering Point. City shall be responsible to make and maintain connections into the transmission line from Delivery Point to Metering Point; install and maintain meters; read meters, bill and collect based upon the then City water rates. City shall also retain the right to charge and collect pro rata fees for such connections between Delivery Point and Metering Point. City may also request Burkburnett to install fire hydrants on the transmission line be- tween Delivery Point and Metering Point. If such request is made, City shall pay to Burkburnett the cost of such installation; maintain the fire hydrants; and have the use of water from such hydrants for fire fighting purposes. Section 1. 8: Thirty (30) days prior to the estimated date of completion of construction of Burkburnett's water supply distribution system, Burkburnett will notify City in writing the date for the initial delivery of water. Section 1.9: When requested by Burkburnett after the metering equipment has been installed, City will make available to the contractor at the point of delivery water sufficient for testing, flushing and trench filling the system of Burkburnett during construction, for which water Burkburnett will pay City at commodity rate set out hereafter; however, the demand rate will not apply to this water used for testing the system. Section 1. 10: Maximum amount of water to be furnished by City to Burk- burnett will not exceed 133,333 C.F. per day unless a greater amount is approved by City at the beginning of the calendar year. In the event of an emergency, City at any time will consider a request by Burkburnett for an increase in the maximum amount of water to be furnished. The maximum amount of water approved for use for any year shall in no event be greater than the capacity of the 4- Burkburnett transmission pipe line and the then existing capacity of the Wichita Falls water system. Section 2. 0: The cost of Water purchased by Burkburnett shall be based in accordance with the following schedule of rates: Commodity Rate 160/100 C.F. Demand Rate 19,467/133,333 C.F. or pro rata part on the maximum day of the year. The demand rate will vary each year depending on maximum day. Typical Demand Rate Schedule Total rate is commodity rate plus demand rate. Commodity Rate: 160/100 C. F. ; 21.33/1000 Gals. Demand Rate: Maximum Day 100% Average Day: 40/100 C. F. ; 5. 330/1000 Gals. Maximum Day 200% Average Day:80/100 C.F. ; 10.670/1000 Gals. Maximum Day 300% Average Day: 120/100 C.F. ; 160/1000 Gals. Total Rate: Maximum Day 100% Average Day 10 MGD Max. ; 10 MGD Aver. : 200/100 C.F. ; 26.6701000 Gals. 5 MGD Max. ; 5 MGD Aver. : 200/100 C.F. ; 26.670/1000 Gals. 1 MGD Max. ; 1 MGD Aver. : 200100 C. F. ; 26.670/1000 Gals. 1/2 MGD Max. : 1/2 MGD Aver. : 200/100 C.F. ; 26.670/1000 Gals. Max. Day 200% Average Day 10 MGD Max. ; 5 MGD Aver. : 240/100 C. F. ; 320/1000 Gals. 5 MGD Max. ; 2-1/2 MGD Aver. : 240/100 C. F. ; 320/1000 Gals. 1 MGD Max. ; 1/2 MGD Aver. : 240100 C.F. ; 320/1000 Gals. Max. Day 300% Average Day 15 MGD Max. ; 5 MGD Aver. : 280/100 C. F. ; 37. 3301000 Gals. 7-1/2 MGD Max. ; 2-1/2 MGD Aver. : 280/100 C. F. ; 37. 3301000 Gals. 1-1/2 MGD Max. ; 1/2 MGD Aver. : 280100 C. F. ; 37.330/1000 Gals. The Demand rate for the period from the initial delivery of water to Burk- burnett to the succeeding January shall be pro rated on the basis of the date of the initial delivery of water. The Commodity and Demand rates are subject to modifi- cation at the end of every five (5) year period. Any increase or decrease in the rates shall be based on a demonstrable increase or decrease in the costs of per- formance of the Contract. The minimum monthly bill when no water is used will 5- be the monthly demand charge. The demand will be billed monthly on the basis of the highest maximum day during the current or preceding eleven (11) months. In the event that water loss from a break in the transmission main should cause a day to be the maximum day for the purpose of establishing the demand rate, an adjustment of the demand rate for that year will be negotiated by City and Burkburnett. Section 2.1: The City will read the Burkburnett meter on the first day of each month during the term of this Contract. Burkburnett and City shall have free access to read meters daily, if they so desire. The City will provide Burkburnett no later than the 10th day of each month, with an itemized statement of the amount of water metered to Burkburnett during the preceding month. Burkburnett shall pay to the City the amount of the itemized statement for any month not later than the 15th day of the succeeding month. Section 3. 0: This Contract shall extend for a term of Thirty (30) years from the date of the initial metering of any water to Burkburnett. Unless Water is taken within two (2) years from date hereof, this Contract shall be void. At the expiration 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 Burkburnett. City may cancel this Contract at any time during the life of the Contract in the event Burkburnett fails to make any payment due hereunder within sixty (60) days after same becomes due; or if Burkburnett breaches any covenant herein other than payment of the monthly statement, and such breach continues for sixty (60) days after City gives Burkburnett written notice hereof. Section 4. 0: Burkburnett shall not be required to furnish Water to any resident of City. If the City extends its city limits to include any consumer of Water from Burkburnett, Burkburnett will continue to provide Water to such con- sumer until the City is able to extend its own water distribution system to provide such consumer with Water. Section 5. 0: Burkburnett shall permit the water to be used only for normal residential, commercial and municipal purposes. Unless written permission is obtained from City, water shall not be used for agriculture irrigation. Except for contracts between Burkburnett and others in existence at the time of executing this 6- 1 Contract, copies of which are attached, Burkburnett shall not sell Water to any other private or governmental party for resale to third parties. No connections to the transmission main shall be allowed within the city limits or extraterritorial juris- diction of Wichita Falls without approval of the Director of Public Utilities. 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 extended shortage of water, or the supply of water available to City is otherwise diminished 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 Burkburnett's 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. Section 6. 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 Burk- burnett will collaborate in obtaining such permits, certificates, or the like, as may be required to comply herewith. Where a direct physical connection exists between the Water Supply Distribution Systems of the City and Burkburnett, Burkburnett shall operate and maintain its portion of the Water Supply Distribution System in accordance with the standards of the Texas Department of Health and in compliance with Article 4477-1 Vernon's Annotated Civil Statutes. Section 6. 1: City shall have the authority and responsibility of inspection to determine that no cross connections or condition of backflow or back-siphonage exist on that portion of the system receiving water under pressure from the Wichita Falls water mains. The City shall have the authority to disconnect the Water until correction within the system is made. The City shall also have the right to suspend delivery of Water in the event Burkburnett fails to construct, maintain and operate its portion of the Water Distribution System in substantial compliance with such standards referred to hereinabove. Provided, however, unless substantial non- compliance constitutes a safety and/or health hazard, the City shall not suspend the 7- 4 delivery of Water without first notifying Burkburnett in writing of such non-compliance and affording Burkburnett a reasonable opportunity to correct such non-compliance. Provided, further, in no event shall the City suspend delivery of water to any portion of Burkburnett's system not necessary in isolating the location of such non- compliance. Section 7. 0: Any amendment to this Contract shall be in writing and executed by both City and Burkburnett. Section 8. 0: In the event of any occurrence rendering the City of Burk- burnett incapable of performing under this Contract, any successor of Burkburnett, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of Burkburnett hereunder. 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: ITY MAN GER ATTEST: L4(/7•t1_ i c e/7 tlL_, / City Clerk CITY OF BURKBURNETT, TEXAS By: N-„--- MAYOR ATTEST: 1___Z>c-=,,,-,". - ---,--- 1------ 7 City Secretary 8- RESOLUTION• NO. M RESOLUTION APPROVING WATER PURCHASE CONTRACT BETWEEN WICHITA FALLS AND BURKBURNETT. 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, providing for the sale of treated water by the City of Wichita Falls to 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 6TH DAY OF MARCH, 1973. M A Y O R ATTEST: City Clerk RESOLUTION RESOLUTION APPROVING WATER PURCHASE CONTRACT BETWEEN WICHITA FALLS AND BURKBURNETT. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BURKBURNETT, TEXAS: That certain water purchase contract, a copy of which is attached hereto, providing for the sale of treated water by the City of Wichita Falls to the City of Burkburnett is hereby ap- proved, and the City Mayor is authorized to execute the same for the City of Burkburnett. l 7 PASSED AND APPROVED THIS THE / 9- DAY OF //j% -<<r- .t , 1973 . M A Y O R i r ATTEST : City Clerk it I