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Res 1165 3/16/1971RESOLUTION NO. //lp.s BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT : That certain contract, a copy of which is attached hereto, providing for the sale of raw water from Lake Kemp by the City of Wichita Falls, Texas, and Wichita County Water Improvement District No. 2 to the Wichita County Water Control and Improve- ment District No. 3 is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED THIS the 16th day of March, 1971. M A Y O R ATTEST: c,C Z/ City Clerk WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the day of 1971, between the City of Wichita Falls, Texas, hereinafter referred to as the "CITY" and Wichita County Water Improvement District No. 2, hereinafter referred to as the "DISTRICT NO. 2" and Wichita County Water Control and Improvement District No. 3, hereinafter referred to as "DISTRICT NO. 3". W I T N E S S E T H: WHEREAS, Wichita County Water Control and Improvement District No. 3 is organized and established under the provisions of the laws of the State of Texas. One of the duties of Water District No. 3 is the construction and operation of a raw water supply system serving water to the City of Iowa Park, and to accomplish this purpose, Water District No. 3 will require a supply. of raw water during periods of drought and emergencies. WHEREAS, the City and District No. 2 own two water reservoirs with capacities capable of serving Water District No. 3 through the existing irrigation system; and, WHEREAS, by Resolution No. enacted on the day of 1971, by the City (Attached hereto as Exhibit A"), which authorized the City to sell water to Water District No. 3; and, WHEREAS, by Resolution No.enacted on the day of 1971, by District No. 2 (Attached hereto as Exhibit "B"), which authorized District No. 2 to sell water to Water District No. 3; and, WHEREAS, by Resolution No. enacted on the day of 1971, (Attached hereto as Exhibit "C"), Water District No. 3 was authorized to purchase water from the City and District No. 2 in accordance with the terms set forth in said resolution; and, 2- NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value received, the City, District No. 2, and District No. 3 mutually agree to the following, to-wit: Section 1.0: City and District No.2 shall deliver water WATER") to delivery point ("DELIVERY POINT") for sale to District No. 3 in sufficient quantities to meet District No. 3's needs and District No. 3 shall be permitted to take same for resale to consumers, subject only to the terms and provisions of this Contract. Section 1.1: Water delivered shall be of the same untreated quality the City and District No. 2 furnish to their irrigation system. Water District No. 3 will request water by contacting the Ditchrider three (3) days in advance of the time the Water is needed. Water District No. 3 will notify the Ditchrider when their water needs have been satisfied. Section 1.2: Delivery point shall be located on a 8 inch main on the west side of Bradford Elementary School Road pump station located on north bank of Northside Canal or at another satisfactory delivery point with approval of the City and District No. 2. Section 1.3: Water District No. 3 shall at its own expense transport the water from the Delivery Point after providing any required treatment and/or any additional pressure to its consumers and/or storage. Section 1.4: Water supplied under this contract shall be measured by the pump discharge used to take the water from the irrigation ditch or by a meter installed in the 8 inch pump discharge line. The method of measuring the water shall be satisfactory to the City, District No. 2 and District No. 3. If the pump discharge is used to measure the water supplied, the capacity of pump discharge shall be calibrated by a test meter satisfactory to City, District No. 2 and District No. 3. If a meter is used to measure the water supplied, it shall be of a type and location satisfactory to City, District No. 2 and District No. 3. 3- The City, District No. 2, and District No. 3 shall calibrate such pump or metering equipment whenever requested by the City, District No. 2 and District No. 3, but not more frequently than once every twelve (12) months. A meter registering not more than two per cent (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 corresponding period immediately prior to the failure, based on existing records unless City, , District No. 2, and District No. 3 shall agree upon a different amount. Section 2.0: The charge for water purchased by District No. 3 shall be seven and one-half (72) cents per one thousand (1,000) gallons, retroactive to December 16, 1971. Section 2.1: The City and/or District No. 2 will read the District No. 3 meter or pump time on the first day of each month during the term of this contract. District No. 3, City, and District No. 2 shall have free access to read meters daily, if they so desire. The City and District No. 2 will provide District No. 3 no later than the 10th day of each month, with a statement of the amount of water used during the preceding month. District No. 3 shall pay to the City and District No. 2 the amount of the 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 drought, or emergency, from the date of the initial use of any water. Unless water is taken within two (2) years from date of the contract, 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, District No. 2 and District No. 3. City and District No. 2 may cancel this contract at any time during the life of the contract in the event District No. 3 fails to make any payment due thereunder within sixty (60) days after same becomes due; or, if District No. 3 breaches any covenant herein other than payment of the monthly statement, and such breach continues for sixty 60) days after City and District No. 2 give District No. 3 notice,thereof. 4- Section 4.0: It is distinctly understood between parties hereto that City and District No. 2 owe their primary obligation and duty to their users. Therefore, in the event of an extended shortage of water, or the supply of water available to City and District No. 2 is otherwise deminished over an extended period of time so that it becomes necessary to ration water to City and District No. 2 consumers, then the supply of water to District No. 3 consumers shall be reduced or deminished in the same ratio or proportion as the supply to the City and District No. 2 is reduced or deminished. Section 5.0: This contract is subject to such rules, regulations, or laws, as may be applicable to similar agreements in the State of Texas; the City, District No. 2 and District No. 3 will collaborate in obtaining such permits, certificates, or the like, as may be required to comply herewith. Section 6.0: Any amendment to this contract shall be in writing and executed by City, District No, 2 and District No. 3. IN WITNESS WHEREOF, the parties hereto, acting under authority of their representive governing bodies, have caused this contract to be duly executed in three counterparts, each of which shall constitute an original. ATTEST: CITY OF WICHITA FALLS, TEXAS By City Clerk City Manager ATTEST: WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 By Secretary President ATTEST: WICHITA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 By Secretary President