Res 1215 8/3/1971RESOLUTION NO. /;i`
Ci
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, the City of
Iowa Park and Wichita County Water Control and Improvement 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 3rd day of August, 1971.
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 day of 1971,
between the City of Wichita Falls, Texas, hereinafter referred to
as the "CITY" and the City of Iowa Park, hereinafter referred to as
Iowa Park 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, Iowa Park is a municipal corporation organized
and established under the provisions of the laws of the State of
Texas. One of the duties of Iowa Park 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 Iowa
Park and to accomplish this purpose, Iowa Park will require a supply
of treated water; and,
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 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 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 Iowa Park shown in the
plans of the system now on file in the office of Iowa Park; 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 Iowa Park through Water
District No. 3; and,
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WHEREAS, by Resolution No.enacted on the
day of 1971, by Iowa Park (Attached hereto as
Exhibit "B"), which authorized Iowa Park to purchase water from
City through 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 for Iowa Park in accordance with the terms set forth in said
resolution; and,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT
for value received, the City, Iowa Park, and District No. 3 mutually
agree to the following, to-wit:
Section 1.0: City shall deliver water ("WATER") to delivery
point ("DELIVERY POINT") for sale to Iowa Park in sufficient quantities
to meet Iowa Park's needs and Iowa Park 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 quality
the City furnishes to residents of City and at a pressure the City attempts
to maintain in the 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 on a 30 inch main
at the Cypress Street Treatment Plant or at another satisfactory delivery
point with approval of the City and Iowa Park.
Section 1.3: Iowa Park shall have the responsibility to
transport the Water from the Delivery Point to its consumers, including
imparting additional pressure to adequately serve Iowa Park's consumers.
Iowa Park shall provide at its own expense necessary transmission and
storage from and at the Delivery Point to prevent abnormal demands by
Iowa Park. These demands shall be such that the maximum hourly rate on
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the maximum day shall not be more than the maximum days flow divided by 24.
If a mechanical facility is required to abate the abnormal demands of
Iowa Park, Iowa Park will install a rate of flow controlling valve to
control the maximum hourly flow to the maximum day flow divided by 24.
Section 1.4: Iowa Park shall furnish, install, operate and
maintain at its own expense at the Delivery Point, the necessary demand
metering equipment, including a meter house or pit, and reqired devices
of standard type for properly measuring and recording the quantity of
Water taken by Iowa Park. Type and location of meters shall be agreed
to by City and Iowa Park prior to delivery of Water. Iowa Park shall
calibrate such metering equipment whenever requested by the City, 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 and Iowa Park shall agree upon a different amount.
Section 1.5: All services on Iowa Park's system shall be
separately metered.
Section 1.6: Thirty (30) days prior to the estimated date
of completion of construction of Iowa Park's water supply distribution
system, Iowa Park will notify City in writing the date for the initial
delivery of water.
Section 1.7: When requested by Iowa Park 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 Iowa Park during construction, for which water
Iowa Park will pay City at the rate set out hereafter; however, the minimum
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rate will not apply to this water used for testing the system.
Section 1.8: Maximum amount of water to be furnished by
City to Iowa Park will not exceed133,333 C.F. per day unless a greater
amount is approved by City at the beginning of each calendar year.
Section 2.0: The cost of Water purchased by Iowa Park
shall be based in accordance with the following schedule of rates:
Commodity Rate 16c/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 Schedules
Total rate is commodity rate plus demand rate.
Commodity Rate: 16c/100 C.F. ; 21.33/1000 Gals.
Demand Rate:
Maximum Day 100% Average Day: 4c/100 C.F. ; 5.33c/1000 Gals.
Maximum Day 200% Average Day: 8c/100 C.F. ; 10.67c/1000 Gals.
Maximum Day 300% Average Day: 12c/100 C.F. ; 16c/1000 Gals.
Total Rate:
Max. Day 100% Average Day
10 MGD Max. ; 10 MGD Aver. : 20c/100 C.F. ; 26.67c/1000 Gals.
5 MGD Max. ; 5 MGD Aver. : 20c/100 C.F. ; 26.67c/1000 Gals.
1 MGD Max. ; 1 MGD Aver. : 20c/100 C.F. ; 26.67c/1000 Gals.
1/2 MGD Max. ; 1/2 MGD Aver. : 20c/100 C.F. ; 26.67/1000 Gals.
Max. Day 200% Average Day
10 MGD Max. ; 5 MGD Aver. : 24c/100 C.F. ; 32c/1000 Gals.
5 MGD Max. ; 21/2 MGD Aver. : 24c/100 C.F. ; 32c/1000 Gals.
1 MGD Max. ; 1/2 MGD Aver. : 24c/100 C.F. ; 32c/1000 Gals.
Max. Day 300% Average Day
15 MGD Max. ; 5 MGD Aver. : 28c/100 C.F. ; 37.33c/1000 Gals.
72 MGD Max. ; 22 MGD Aver. : 28c/100 C.F. ; 37.33c/1000 Gals.
11 MGD Max. ; 1/2 MGD Aver. : 28c/100 C.F. ; 37.33c/1000 Gals.
The Demand rate for the period from the initial delivery of water
to Iowa Park to the succeeding January shall be prorated on the basis
of the date of the initial delivery of water. The Commodity and Demand
rates are subject to modification 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 performance of the Contract. The
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minimum monthly bill will be the monthly demand charge. The demand charge
will be billed monthly on the basis of the highest maximum day during the
current or preceding eleven (11) months.
Section 2.1: The City will read the Iowa Park meter on the
first day of each month during the term of this Contract. Iowa Park
and City shall have free access to read meters daily, if they so desire.
The City will provide Iowa Park no later than the 10th day of each month,
with an itemized statement of the amount of water metered to Iowa Park during
the preceding month. Iowa Park shall pay to the City the amount of the
itemized statement for any month not later than the 15th day of the succeed-
ing 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 Iowa
Park. 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 Iowa Park. City may cancel this Contract at any
time during the life of the Contract in the event Iowa Park fails to
make any payment due hereunder within sixty (60) days after same becomes
due; or, if Iowa Park breaches any covenant herein other than payment of
the monthly statement, and such breach continues for sixty (60) days after
City gives Iowa Park written notice thereof.
Section 4.0: Iowa Park 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 Iowa Park, Iowa Park will continue to
provide Water to such consumer until the City is able to extend its own
water distribution systems to provide such consumer with water.
Section 5.0: Iowa Park 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 Iowa Park and others in existence
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at the time of executing this contract, copies of which are attached,
Iowa Park 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 of Wichita Falls. Other
small single connections on the transmission main between Iowa Park and
the City may be made with approval of City's Director of Public Utilities.
Section 5.1: It is distinctly understood between parties
hereto that City owes it 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 Iowa Park'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 Iowa Park will collaborate in obtaining such permits, certifi-
cates, 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 Iowa Park, Iowa Park 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
Annotate Civil Statutes and in compliance with those provisions of Section 12,
Articles 1 and 2 of the Plumbing Code of the City of Wichita Falls, entitled
Water Supply and Distribution, which are in effect as of the date of this
Contract.
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
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system is made. The City shall also have the right to suspend delivery
of Water in the event Iowa Park 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 delivery of Water without first notifying
Iowa Park in writing of such non-compliance and affording Iowa Park a
reasonable opportunity to correct such non-compliance. Provided, further,
in no event shall the City suspend delivery of water to any portion of
Iowa Park'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 Iowa Park.
Section 8.0: In the event of any occurrence rendering the
City of Iowa Park incapable of performing under this Contract, any
successor of Iowa Park, whether the result of legal process, assignment,
or otherwise, shall succeed to the rights of Iowa Park 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:y
C I T Y MANAGER
ATTEST:
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City Clerk
CITY OF IOWA PARK, TEXAS
By:
MAYOR
ATTEST:
City Secretary
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WICHITA COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT #3
C H A I R M A N
ATTEST:
Secretary
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