Res 2347 6/5/1979 RESOLUTION NO. ,; 340
RESOLUTION APPROVING WATER PURCHASE CONTRACT
WITH FRIBERG-COOPER WATER SUPPLY CORPORATION.
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 and
Friberg-Cooper Water Supply Corporation is hereby approved,
and the City Manager is authorized to execute the same for
the City of Wichita Falls.
PASSED AND APPROVED this the 5th day of June, 1979.
M A Y O R(ili.A-yt-al. 6.,_, 1 i,..V..')
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ATTEST:
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Cit Clerk
• WATER PURCHASE CONTRACT
THIS CONTRACT for the sale and purchase of water is entered into as of the
day of cYV 4,..) , 1979, between the City of Wichita Falls, Texas,
hereinafter referred to as the "City", and the Friberg-Cooper Water Supply Corpor-
ation, hereinafter referred to as "Friberg".
WITNESSETH :
WHEREAS, Friberg, is a Water Corporation, organized and established under
the provisions of the laws of the State of Texas. Friberg is organized for the con- '
struction and operation of a water supply distribution system serving water users
within the area described in plans now on file in the office of the Director of Public
Utilities and to accomplish this purpose, Friberg 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 Friberg as shown in the plans of the system now on file in the
office of the Director of Public Utilities; and,
WHEREAS, by Resolution No. 2347 , enacted on the 5th day of June
1979, by the City, (Copy of Exhibit "A" attached hereto), which authorized the City of
Wichita Falls to sell treated water to Friberg; and,
WHEREAS, Friberg will operate a water system, and serve the water users
within the area described in the plans now on file in the office of the Director of Public
Utilities and Friberg.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT for value
received, the City and Friberg mutually agree to the following, to-wit:
Section 1. 0: City shall deliver water (TREATED WATER) to delivery point
(DELIVERY POINT) for sale to Friberg in sufficient quantities to meet Friberg's needs
and Friberg shall be permitted to take same for resale to consumers, subject only to
the terms and provisions of the 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 and at the points of delivery to its own
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users. Emergency failures shall excuse the City from this provision for a reason-
able period of time to restore service.
Section 1.2: Delivery point shall be located on water main on Old Burkburnett
Road or at another satisfactory delivery point with approval of the City.
Section 1.3: Friberg shall have the responsibility to transport the Water
from the Delivery Point to its consumers, including imparting additional pressure
to adequately serve Fribert's consumers. Friberg shall provide at its own expense
necessary transmission and storage from and at the Delivery Point to prevent ab-
normal demands by Friberg, which demands would reduce the residual static pres-
sure below 20 PSI in the City's mains at the Delivery Point. If a mechanical facility
is required to abate the abnormal demands of Friberg, Friberg will install a pres-
sure regulating valve and will not allow the residual pressure to be lowered to less
than 20 PSI without permission of City.
Section 1.4: Friberg shall furnish, install, operate and maintain at its own
expense at the Delivery Point, the necessary metering equipment, including a meter
house or pit, and required devices of standard type for properly measuring and re-
cording the quantity of Water taken by Friberg. Type and location of meter shall be
agreed to by City and Friberg prior to delivery of Water. Friberg 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 percent
(2%) above or below the test result of the rated capacity of the meter shall be deemed
to be accurate. The previous readings 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 im-
mediately prior to the failure, based on existing records unless City and Friberg shall
agree upon a different amount.
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Section 1.5: All services on Friberg's system shall be separately metered.
Section 1. 6: Thirty (30) days prior to the estimated date of completion of
construction of Friberg's water supply distribution system, Friberg will notify City
in writing the date for the initial delivery of water.
Section 1. 7: When requested by Friberg 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 Friberg during
construction, for which water Friberg will pay City at the rate set out hereafter:
however, the minimum 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 Friberg
shall not exceed one hundred thousand (100, 000) gallons per day unless a greater
amount is approved by City.
Section 2. 0: The cost of water purchased by Friberg shall be based in ac-
cordance with the following schedule:
$0.45 per 100 cubic feet or $0.60 per 1,000 gallons
Minimum monthly bill $400
This water rate is subject t o modification annually for all water bills rendered after
April 30th of each year based upon a rate making system and formula to be developed
by Wichita Falls and submitted to Friberg by January 1, 1980. The schedule of rates
beginning with all water bills rendered after April 30, 1980 could also include a "reser-
voir capacity charge" designed to cover the cost of reservoir space required to meet
Friberg's future needs, but for water not actually being taken in the maximum daily
amount as contained in Section 1.8 of this contract.
Section 2. 1: The City will read the Friberg meter on the first day of each month
during the term of this Contract. Friberg and City shall have free access to read meters
daily, if they so desire. The City will provide Friberg no later than the 10th day of
each month, with an itemized statement of the amount of water metered to Friberg dur-
ing the preceding month. Friberg shall pay to the City the amount of the itemized state-
ment for any month no later than the 15th day of the succeeding month.
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Section 3. 0: This contract shall extend for a term of forty (40) years from
the date to the initial metering of any water to the District. 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 Friberg. City may cancel this contract at any
time during the life of the contract in the event Friberg fails to make any payment due
hereunder within sixty (60) days after same becomes due: or, if Friberg breaches any
covenant herein other than payment of the monthly statement, and such breach con-
tinues for sixty (60) days after City gives Friberg written notice thereof.
Section 4. 0: Friberg 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
Friberg, Friberg will continue to provide water to such consumer. When City is able
to extend its own water distribution system which could provide such consumer with
City's water, such consumer shall be allowed the choice of remaining on the Friberg
water system, or tying into the City's system. Provided, however, it is understood
and agreed the foregoing section is subject to the restrictions of 7U.S. C. 1926b, as
amended.
Section 5. 0: Friberg shall permit the water to be used only for normal resi-
dential and commercial purposes. Unless written premission is obtained from City,
water shall not be used for extensive agricultural irrigation, or by any processing
or manufacturing concern which uses such water in substantial quantities or for other
municipalities and/or residential and/or commercial subdivision. Such permission
will not be given to serve a subdivision unless the subdivision complies with the Sub-
division Regulations, Building Code, Electrical Code, Plumbing Code and any other
ordinances or regulations which applies in the City of Wichita Falls. Friberg shall
not sell any water to any private party for resale by such private parties to third parties.
Friberg shall be allowed to make single connections to the Friberg system with notifi-
cation to the City of such action, provided the maximum daily allowable as set out in
the contract is not exceeded. Friberg shall not sell water to any consumer outside of
the boundaries of the system presently served and as shown by map attached hereto as
Exhibit B.
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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 ex-
tended shortage of water, or the supply of water available to City is otherwise dimin-
ished 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 Friberg's consumers shall be
reduced or diminished in the same ratio or portion 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 Friberg
will collaborate in obtaining such permits, certificates, or the like, as may be re-
quired to comply herewith. Where a direct physical connection exists between the
Water Supply Distribution Systems of the City and Friberg, Friberg 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 and in compliance with those provisions of Section
12 of the Plumbing Code of the City of Wichita Falls entitled Water Supply and Distri-
bution, 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 back-flow 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 Friberg fails to construct, maintain and operate their 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 Friberg in writing of such non-compliance. Provided, further, in no
event shall the City suspend delivery of water to any portion of Friberg's system not
necessary in isolating the location of such non-compliance.
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Section 6.2: City's Director of Utilities shall have the authority and responsi-
bility to approve the plans and specifications of and all extensions to Friberg's system
for compliance with approved City standards, and stipulations in this contract. Before
any extension other than single meter connections are made to the system, written
permission shall be obtained from the City.
Section 7. 0: Any amendment to this Contract shall be in writing and executed
by both City and Friberg.
Section 8. 0: In the event of any occurrence rendering the District incapable
of performing under this contract, any successor of Friberg, whether the result of
legal process, assignment, or otherwise, shall succeed to the rights of Friberg here-
under.
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:
CITY ANAGER
ATTEST:
CITY CLERK
FRIBERG-COOPER WATER SUPPLY
CORPORATION
BY:
PRESIDENT
ATTEST:
SEC ' ETAfY
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JUNE I , 1979