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Res 705 4/24/1967RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : THAT the water purchase contract between the City of Wichita Falls and Scotland Water Supply Corporation, a copy of which is attached hereto, is hereby approved, and the Mayor is hereby authorized to execute the same for and on behalf of the City of Wichita Falls, Texas. PASSED AND APPROVED this the 24th day of April, 1967 . M A Y O R/ Alt A T T E S T: jU)---ye-de.4 City Clerk Zt 7 r E 7 !P"'E O T T TtU:ACi: 1w C J;..t.t,.1l.i. THIS CO;: TRACT for ,.he sale and purchase of water is entered in .o as of the day of 1967 , between the City of Wichita Falls, Texas , hereinafter referred to as the "City" , and Scotland Water Supply Corpora- tion, hereinafter referred to as the "Corporation" . W I T N E S S E T H: WHEREAS , the Corporation has been organized and es- tablished under the provisions of Art. 1434 A of the Code of V.A.T.S . for the purpose of constructing and operating a water supply distribution system serving water users within the area described in plans now on file in the office of the Corpora- tion and to accomplish this purpose, the Corporation will re- quire a supply of raw untreated water, and, WHEREAS, the City owns a water reservoir, Lake Arrow- head, with a capacity capable of serving the present customers of the City system and the estimated number of water users to be served by the said Corporation as shown in the plans of the system now on file in the office of the Corporation, and, WHEREAS, by Resolution ;;465, enacted on 11th day of September, 1961, by the City, (Copy of Exhibit "A" attached hereto) , which authorized the town of Scotland the right to divert and use of the waters from the Halsell Reservoir (Lake Arrowhead) a total of 67 acre feet per year, and, WHEREAS, the Scotland Water Supply Corporation will operate a Water System, and serve the community of Scotland, Texas and its immediate area, and, oard of Directors of list., on, onactad on the 20th day of February, 1967 , t.":e diverting and purchasing of water from the City in accordance with the terms set forth in the said Resolution was approved, and the execution of this contract by the President was approved , and the execution of this contract by the President (or Chairman, or other designated official) , and attested by the Secretary (or other designated official) , was duly authorized; NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, A. THE CITY AGREES : 1. To permit the Scotland Water Supply Corporation to divert and take 134 acre feet of raw water per annum from Lake Arrowhead, at the intake and pumping site, as shown in plans of the Corporation, for the use of its consumers, and the community of Scotland, Texas. It is further provided, that said Corporation will pay to the City at the rate of $ .05 per 1000 gallons for the first 67 acre feet of untreated raw water pumped from said Lake Arrowhead, by the Corporation in any one year, and at the rate of $ . 15 per 1000 gallons for the second 67 acre feet pumped from the lake in the same year. 2 . (METERING EQUIPMENT) The Corporation shall furnish, install, operate, and maintain at its own expense at the pumping site, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water pumped by the Corporation and to calibrate such meter- ing equipment whenever requested by the City but not more fre- quently than once every twelve (12) months . A meter registering not more than two percent (2%) above or below the test result shli bo doomed to be accurate. The ,orevious readincs of , "'_v c , .3c. cse:. a' test Co he .._...curate shall at corrected for 2 - the twelve months (12) previous to such test in accordance with the percentage of inaccuracy found by such tests . 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, unless City and Corporation shall agree upon a differ- ent amount. The metering equipment shall be read on January 1st of each year during the term of this contract. 3. (BILLING PROCEDURE) To furnish the Secretary (appropriate official) of the Corporation, at Scotland, Texas, not later than the 5th day of January of each year, with an itemized statement of the amount of water pumped by the Corporation during the proceeding year. B. THE CORPORATION AGREES : 1. (RATES AND PAYMENT DATE) To pay the City not later than the 20th day of January of each year, for water pumped in accordance with the following schedule of rates : a. $ .05 per 1000 gallons of water, for the firs:. 67 acre feet per annum. b. $ . 15 per 1000 gallons for water in excess of 67 acre feet per annum, up to 134 acre feet. C. IT IS FURTHER MUTUALLY AGREED BETWEEN THE CITY AND CORPORA- TION AS FOLLOWS : 1. (TERM OF CONTRACT) That this contract shall extend for a term of 40 years from the date of the initial pumping of any water by the Cor- poration and, thereafter may be renewed or extended for such term or terms, as may be agreed upon by the City and Corporation. 2 . (DELIVERY OF WATER) thil7ty (30) days prior to the estimated date of l, on of co .su-i-uction of the Corporation ' s water supply 3 - distribution system, the Corporation will notify the City in writing- the date for the initial pumping of water. 3. (MODIFICATION OF CONTRACT) That the provisions of this contract pertaining to the schedule of rates to be paid by the Corporation for water deliv- ered are subject to modification at the end of every 10 year period. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance hereunder, but such costs shall not include increased capital- ization of the City system. Other provisions of this contract may be modified or altered by mutaul agreement. 4. (REGULATORY AGENCIES) That this contract is subject to such rules, regulations, or laws, as may be applicable to similar agreements in the State of Texas, and the City and Corporation will collaborate in ob- taining such permits , certificates, or the like, as may be re- quired to comply herewith. 5. (MISCELLANEOUS) That the construction of the water supply distribution system by the Corporation is being furnished by a loan from or a loan insured by) the United States of America, acting through the Farmer ' s Home Administration of the United States Department of Agriculture, and the provisions hereof pertain- ing to the undertakings of the Corporation are conditioned upon the approval, in writing, of the State Director of Texas, of the Farmer ' s Home Administration. Similarly, any modifica- tion of the provisions of this contract, including any increase in the schedule of rates to be paid by the Corporation for the pumping of water shall be conditioned upon the prior approval, in writing, of the State Director of Texas of the Farmer ' s home n L . 6. (SUCCESSOR TO THE CORPORATION) That in the event of any occurrence rendering the Cor- poration incapable of performing under this contract, any suc- cessor of the Corporation, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Corporation hereunder. 7 . (PLEDGE OF CONTRACT) This contract may be assigned. to the United States of America as security for a loan or loans made to the Corporation by the United States of America through Farmer' s Home Adminis- tration. 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: R. C. Rancier, Mayor ATTEST: City Clerk SCOTLAND WATER SUPPLY CORPORATION By: President ATTEST: Secretary This contract is approved on behalf of the Farmer ' s Home Admin- istration this day of 1967 . STATE DIRECTOR OR 5 - DEED RECORDS OF ARCHER COUNTY, TEXAS Vol, 303, Page 652 3915 CITY OF WICHITA FALLS SCOTLAND, TEXAS RESOLUTION NO. 165 Whereas, the 4'ity of Wichita Falls, is contemplating building a Dam on the Little Wichita River at a site commonly known as the Halsell Site, and; WHEREAS, the town of Scotland, Texas, !anticipates that it may in the future require water from the Little Wichita River for its fresh water supply, and; WHEREAS, it is anticipated that the 1970 or 1980 population of Scotland will be 500 people, who will require 67 acre feet of water per year, and; WHEREAS, the Board of Aldermen of the City of Wichita Falls desires to help insure an adequate supply of fresh water to the town of Scotland. NOW, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls, in consideration of the people of Scotlandls cooperation in applying for a permit authorizing the con- struction of such reservoir, agrees that the town of Scotland shall have the right to divert and use of the waters of the State of Texas from the Halsell reservoir on the Little Wichita River a total of 67 acre feet of water per year° PASSED AND APPROVED THIS THE 11th day of September, 1961, ifs/ Kenneth Johnson Mayor ATTEST: 78/ A. L. Fitts, City -Clerk EXHIBIT "An T SSC.I.14`.,': • 67-1 C.:()1:1, . Jo 4, the fdoti:tn:; •:ater f.upply clorporationo a non- lyrorit C:orpor ;idn„ orL;;;.nized ur:aer thc LaWr., of Texas, to construct, ana operate a atur for thc. Com;..ranity of reotl; nd, TE.x:.,e, and o.rea, • saiu i-orv.unity of .•‘ootlanC„ Teas obtained ce-rtc.in water r3.;:li.tc, from the: '-ity Fallo„ Texas, v:1%en said City had adopted o.Ltior ;I:f/165„ on September 11, 1961, to help insure p.n. adequate ,supply of rater to the town of' rcotlwid, and she Scotland %,'r-ter Supply Corporation .!.s- composed of over O members who have aFzreee to subscribe for filtered and tmated v:at er from oald and to scrve over 300 people in ::cotlancl :md arca, r „ IT 1;:f. DIJC,:',CTORT f.rf ,c.:COTLUD • VATZP. ;MIP?1,1 Corporation approve a certain vater contract, whemby tho G.Lty of ,':iehita 1iIc, Tozaso ecreos to allow the div(;rsion an:! takiry of 67 acre feet' per annum for the Town of F,:cot1-..-.nd from Lake Arfowhoadoin ael:ordance 1,[-ith said Ea- solution ill465, chzrge of. a ilat rat e. for pumping water. -in comese oZ 67 acre feet per assed and approvea day of Ilebruary, 1967, EXHIldr?. " 3 "