Res 082-2010 7/6/2010 i
RESOLUTION NO. 82-2010
Resolution Approving A Potable Water Purchase Contract With
Lakeside City for a Term of 20 Years
WHEREAS, Lakeside City, Texas, operates a water distribution system serving
water users within its authorized service area, and to accomplish this purpose, it
requires a supply of potable water;
WHEREAS, the City of Wichita Falls (City) and Lakeside City entered into a
Water Purchase Contract on April 13, 1970, and subsequently agreed to multiple
modifications to the contract, and this Contract will replace all prior contracts between
the Parties relating to the purchase of potable water, and
WHEREAS, by resolution of the City Council of Lakeside City enacted on the
15th day of June, 2010, it authorized the continued purchase of Water from the City of
Wichita Falls under the terms of a new, mutually agreed upon Potable Water Purchase
Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The attached Potable Water Purchase Contract with the City of Lakeside City
is approved, and the City Manager is authorized to execute said document, with such
changes to form as are approved by the City Attorney.
PASSED AND APPROVED this the 6th day of July, 2010.
����
MAYOR
ATTEST:
y Clerk
Potable Water Purchase Contract
THIS CONTRACT for the sale and purchase of potable ���ater (the "Contracf') is entered into as of the __th day of
, 2010, beriveen the City� of Wichita Falis. Texas, hereinaf3er referred to as "City " and the
City of Lakeside City, hereinafter refened to as `'Customer' (City and Customer are collectively the "Parties').
WHEREAS, Customer is organized and established under provisions of the la��s of the State of Texas. One of the
duties of Customer is the operation of a water distribution system serving water users within Customer's authorized
service area, and to accomplish this purpose. Customer requires a suppi�� of potable �vater;
WHEREAS, City owns several water reservoirs and a treatment and distribution system (the "City System") with
capacity capable of serving the present customers of the City System and the estimated number of water users to be
served by Customer;
WHEREAS, City and Customer entered into a Water Purchase Contract on April 13, 1970, and subsequentty ap'eed
to multiple modifications to the contract and this Contract replaces all prior contracts bet�veen the Parties relating to
the purchase of potable water ("Water"):
WI-iEREA5, immediately prior to the effective date of this Contract, Customer was not obligated to purchase Water
from City and City wes not obligated to sell Water to Customer;
WI�REAS, by resolution of the Cit� Council of Customer enacted on the . 1 5th day of JUNE
2010, it authorized the continued purchase of Water by Customer under the terms of this ne�v, mutuallS� agreed upon
Contrac�
WHEREAS, Customer is responsible for operating its water distribution s}�stem ("Customer System"), and providing
Water to its authori2ed service area as described herein; and
WHEREAS, Customer is required hy Texas Commission on Environmental Qualin� ("TCEQ"} regulations to
implement and enforce City's Water Conservation and Droughi Contingency Plan througJi all subsequent sales of
Water and shall include such obligation in an}� subsequent contract for sale that Customer may execute with any third
party purchaser of Water.
NOW, THEREFORE, KNOW ALL MEN BY TI-�SE PRBSEIVTS, that for value rcceivcd, City� and Custvmcr
mutually agree to the fol lowing, to �uit:
1.4. Detivery of Water. City agrees to sell and to deliver Wattr under this Contract to Customer at the deliverv
point(s) spec�ed herein, and Customer agrees to take at the delivery point(s) all Waier required for use dwing the
term of this Contract, not to exceed the annual quantity of Water. The monttil}� quantity of Water to be futnished by
City to Customer shall not exceed 12,000,000 gallons per month ("Monthly Quantity") not to exceed a maximum of
60,000,000 gallons per yeaz ("Annual Quanriri") in an}� Water Year un(ess a greater amount is approved in writing
by City. "Water Yeai" means the period �ctober 1 of each calendar year throu�6 September 30 of the next following
calendar year. The Monthly Quantiry is calculated as the amount of water Customer consumes in a normal monthly
billing cycle. Cuscomer shall not take more than the Annual Quantity �vithout prior written consent of City.
Customer agrees that Ciry is under no obligation to provide Customer �vith a sufficient amount of Water for
Customer to meet its minimum production, storage, sen=ice pump, or pressure maintenance requirements, or any
other requirements imposed on Customer under Texas Administrative Code, Chapters 290 or 291, or any other
requirement of la�v. Customer also agrees that Cit�� is under no obligation to increase an}= of its water utility
infrastructure or capacity in order to satisf} an} of the provisions of this Contract.
1.1 Delivery Point. The delivery point(s) shall be located on a eight inch (8") main on the west side of F.M. 2380,
south of the intersection of F.M. 2380 and Rathgeber Road; or another satisfactory delivery point with the approval
Of �lty.
1.2 C�,uality of Water. City will exercise due dilicence and follow besi management practices to meet the applicable
drinktng water quality standards for Water and any requirement of law for Water fumished to Customer pursuant to
this Contract.
1.3 Customer System Requirements. �nce C�stomer takes Water from the delivery point(s), Customer is solely
responsible for comptying with the requ'uements under Texas Adminis�arivc Code, Chapters 290 or 291, or any
other requirement of law. Customer shall have the responsibility to transport the Water from the delivery point(s) to
its consumers, including imparting additional pressurc to adequately serve Customer's consumers.
1.4. Metering. Customer shatl furnish, install, operate and maintain at its own expense at the delivery point{s), the
necessary metering equipment, including a meter house or pit, and required devices af standard type for properly
measuring and recording the quantity of Water delivered_ City and Customer shall agree on the type of any
replacement meter before purchase by Customer. Metering equipment shall be calibrated by Customer whenever
requested by City, but not mort frequently than once every 12 months. DJithin 30 days after such calibration,
Customer shall furnish a certification of such calibration to the Director of Public Works of Ciiy, or his designee. A
meter registering not more than 2% above or below the rated eapacity of the meter shall be deemed accurate. The
previous reading of any meter disclosed by test to be inaccurate shall be corrected for the 12 months previous to such
test in accordance with die percentage of inaccuracy found by such tests and existutg records. If any meter fails to
ragister for any period, the amount of Water ftirnished during such period shall be deemed to be the amount of Water
diverted in the corresponding period immediately prior to the failure, based on e�cisting records unless Ciry and
Customer shall agree in writing upon a different amount. If Customer's measuring equipment is out of service for 30
days or more, City may purchase, install and maintain any required measuring equipment, as determined by City, and
charge the expense therefore to Customer.
During any reasonable hours, City shall have access to the metering equipment. City shall further have access to all
records pertinent to determining the measurement and quantiTy of Water actually delivered. Customer agrees that
City may fuinish, install, operate and maintain check meters, should City so choose. Customer also agrees that the
design and consWction of its metering equipment �vitl facilitate City's instaliation and operation of check meters.
Ciry will read the Customer water meter on the first norma[ �vork dar of each month during the term of this Contract
Customer and City shall have free access to read meters daily if they so desire. City will provide Customer, no tater
than the l0th day of each month, with an itemized statement showing the amount of Water metered to Customer
during the preceding month and the resulring charges. Customer shall pay to City the amount of the itemized
statement no later than the 20th day of the month in which the charges aze billed.
All services on Customer's System shall be separately metered.
2.0. Water Rates. Until changed b}• Cit}�, the cost of Water purchased by Customer shall be $3.184� per 1,000
gallons ar $2.3820 per 100 cubic feet. The rates to Customer for VJater shall be subject to change each year as a
result of a cost-of-service study using the rate principles in section 2.1. When a cost-of-service study is conducted,
City will provide the results and the new rates to Customer. The new rates will become effective at the beginning of
each Water Year. Adjustments to rates does not constitute an amendrnent to the Con�act_ If Customer exCeeds
either the Monthly Quantity or the Annual Quantiry, the City shall be entitled to bill for such exceedance and
Customer hereby agrees to pay for such exceedance at 2.0 times the water rate.
2.1. Annual Changes to R'ater Rates. Customer authorizes the rates for Water to be changed annually, based on the
foilowing rate setting principles:
a. Revenue requirements to be determined on atiliTy basis at an agreed test year's original Cost adjusced 30%
toward current cost to cover its cost and as compensation for ownership. The test year shall be the most
recent sudited City fiscal year.
b. City to receive a Rate of Return on the agreed adjusted value Rate Base eyual to a composite of the
utility's test year embedded cost of money weighted on the debt portion of capital invested in plant in service
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�� and the utility's latest cost of money weighted on the remaining equity por[ion of plant in service to cover its
risks.
c. All existing reservoirs and associated facilities to be included in common rate base. Wholesale customers
as class (either raw water onIy, raw water transmitted, treated water only and transmitted treated water) will
pay their proportionate share of all costs based on current use.
d. A flat rate (volume only), sball be charged, witt� allocation of 100% cunent use to encourage conservation
and thereby resulting in efficient utilization of the water system; provided, however, that the amount billed
each month shall never be less than any a�reed monthly minimum charge.
e. The risk of financing all future raw water transmission lines and reservoits must be bome by the City
Water utility, and all costs will be allocated to all wholesale customers on current use basis.
The rates will be considered changed on the later of (i) t6e date City's Director of Public Works sends a written
Notice of Rate Modification to Customer's address as provided in this Contract or (2) the effective date of the
aforementioned Notice of Rate Modification.
2.2. Dispnted Rates. Customer stipulates and agrees that the rate, rate setting methods, and policies spec�ed in this
Contract are fair, just, and reasonable, and without discrimination. Further, if Customer believes that rates have been
modified in a manner that fails to conform to the aforementioned principles or are otherwise established in a manner
that is not just or reasonable, then Customer must send a written Notice of Appeal, containing the writien approval of
the D'uectors, to City's City Manager, 30 calendar days after City's written issuance of the new rates to the
Customer. To be effective, such Notice of Appeal must contain a statement, swom to by all directors of Customer
and all experts the Customer intends to use to assert the improper, unjust, or unreasonable manner of the rates, that
entirely states the full and complete basis upon which the Customer believes that the rates were improperly, unjustly
or unfairly established. Upon receipt of the Notice of Appeal, City's City Manager will consider the appeal and
examine the rate determination process and result. If City's City Manager determines the appeal is well founded,
he/she may reconsider the rates and issue new, higher or lower rates based on the information submitted and other
information determined by subsequent investigation thereof.
If Customer at any time disputes the a►nount to be paid by it to City, Customer shail nevertheless promptly make the
disputed payment or payments. If it is snbsequently detertnined by or agreed that the disputed amount paid by
Cusiomer shoutd have been less or more, City shall revise and reallocate Customer's payments in a manner that
Customer or City will recover the amount properly due.
ff a court, the Commission, or any federal or state regulatory authority finds that City's rates or policies for delivering
Watcr to Customer under this Contract are unreasonable or othernise unenforceable, City may immediately terminate
this Contract without liability to Customer. By signing this Contract, Customer stipulates and agrees that City and its
other customers will be prejudiced if Customer avoids the obligation to pay the rates for Water specified in this
Contract while accepting the benefits of obtaining Water from City. Nothing in this Contract shall be construed as
constituting an undertaking by City to furnish Water to Customer except pursuant to the terms of this Contract. Tf
Customer initiates or participates in any proceeding regarding City's rates and policies under this Contract and
advocates a position that is adverse to City and Ciry prevails, Customer shall pay City for its expenses, including
auomeys` fees and expert witness fees, in the proceeding �vithin 30 days after City's demand for payment.
Notwithstanding, City shall never have any obligation to pay the attomeys' fees or expert fees of Customer as a result
of any fee determination or proceeding relating to this Contract.
2.3. Addi6onal Charges. In the event that any sales or use taxes, or taxes, assessments, or charges of any similar
nature are imposed on diverting, stori.ng, delivering, gathering, impounding, taking, selling, using, or consuming the
Water received by Customer from the Delivery Point, the amount of the tax, assessment, or charge shall be bome by
Customer, in addition to a11 othar charges, and whenever City shall bc rcquired to pay, collect, or remit any tax,
assessment, or charge on VJater received by Customer, then Customer shall promptly pay or reimburse City for the
tax, assessment, or charge in the manner directed by City.
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2.4. Defauit in Pavments. All amounts due and on�ing to City by Customer shall, if not paid when due, bear interest
at the Texas post judgment interest rate set out in Tes. Finance Code. § 304.003, or any successor statute, from the
date when due untii paid. If any amount due and owing by� Customer to City is placed with an anorney for coltection,
Customer shall pay to City, in addition to all other payments provided for by this Contract, including interest, City's
collection expenses, including court costs and attorneys' fees. City shall, to the eactent permitted by law, suspend
delivery of Water from the Delivery Point to Customer if Customer remains delinquent in any paymcnts due
hereunder for a period of 60 days and shall not resurtie deli��ery of Water �vhile Customer is so delinquent and may,
at its option, terminate this Contract without fiirther liabilitt-� to Customer. City shall pursue all le�al remedies abainst
Customer to enforce and protect the nghts of City, City's customers, and the holders of City's bonds. It is understood
that the foregoing provisions are for the benefit of the holders of City's bonds.
3.0. Purpose and Place of Use. Customer shall not be required to furnish Water to any resident of City. The Parties
hereby agree that City shall continue to serve these areas. If City extends its City limits, Customer will continue ta
provide Water to any consumer of Water from Customer until City is able to extend iu own distribution system to
provide such customers witii Ciry's Water. The Water wili be used for municipal use, including residential and
commercial uses, by Customer within the authorized service area of the Customer. Customer's authorized service
area is [the aroa located within Customer's Extraterritorial Jurisdiction ("ETT') boundary] /[the area suthorized in
Customer's cercificate of convenience and necessity (`CCN"}]. Unless written percnission is obtained from City
VJater shall not be provided to other municipalities andlor residential and/or commercial subdivisians outside the
authorized service area. Such pernussion will not be given to serve a subdivision within the City's Extratemtorial
Jurisdiction ("ETJ") unless the subdivision complies �vith the Subdivision Regulations of the City of Wichita Falls.
Customer shall not setl any Water to an}' private pam� for resale by such private parties to third parties. Customer
shall be allowed to make single connections to Customer system with notification to City of such action, provided the
Annual Quantity allowable as set out in the Contract is not exceeded. Customer sl�all not sell Water to any consumer
outside of tbe Customer's authorized service area without the approval of City.
3.1. Snbsequent Sales of Water/Connections. City and Customer agree that for any� area of service being provided
by Customer that Customer will complp with applicable City procedwes for purposes of connection and connection
approvals in any area lying within CiTy's ETJ boundary (or within the city limits). FuRher, it is agreed by City and
Customer that in the event of a prospective customer s application for service outside of City' s ETJ boundary, no pre-
conditions are to be established or enforced by City in connection with any request for service made by any applicant
for water service.
Customer expressly a�ees that it will not furnish Water to any user without first requiring proof from the applicant
that the property to be serviced has been platted in accordance with Texas Local Government Code Chapter 212, as it
may be amended from time to time, �vithin the Contract term. When a meter is approved by the Customer, such
approval shall be tied to the land and automaticatly approved to the current o�vner of the land.
4.0. Water Shotrtages. In the event of an e�ctended shoRage 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 City, the supply of Water to Customer shall be reduced or diminished in the same ratio or proportion as
the suppiy to the citizens of City is reduced or diminished. The Water to be distributed shall be further divided in
accordance with Te�cas Water Code § 11.Q39.
4.1. Water Conservation and Drought Contingency Plan. The Customer agrees to implement and enforce City's
Water Conservation and Drought Contingency Plan through all subsequent sales of Water and shali include such
obligation in any subsequent contract for sale that Customer may execute �vith any chird pariy purchaser of Water.
Further, the Customer agrees to initiate at least the restrictions of said Drought Contingency Plan that are being
implemented within the City. T'he Customer may implement more severe restrictions than City, but shall not enact
less severe restrictions than aze currently in effcct in the City. If Customer fails to implement a drought contingency
plan with restrictions that emulate or exceed City's Drought Contingency Plan when trigger conditions occur then
Ciry's City Manuger is authorizcd to institute racioning pursuant co any applicable wholesale water contracts,
includin.g this Contract, as well as enforce any contractual, statutory, or common law remedies available to City
necessary to protect the public welfare. City's Water made available to Customer �vhen Customer is not in
Do�o A �f'f
� compliance with City's Water Consen-ation and Drought Contingency Plan will be reduced to the amount of Water
that City's City Manager estimates would be necessan� to sntisfy Customer's demand if Customer was operating in
compliance with both City's and Customer's Drought Contingenc�� Plans.
5.0. Rules and Reguladons. To the extent permitted by applicable law, Customer's tariff and applicable TCEQ
regulations Customer expressly agrees that ii will oot fumish Water to any user without first requiring proof from
the applicant that any wastewater generated from the use of Water supplied will be disposed of in a manner
cvnsistent wit6 curreat TC�Q regulations. Customer a¢rees to terminate water service to any user with a continuing
unabated public nuisance, as defined in the I'exas Health and Safety Code, upon receiving written notice requesting
such termination from TCEQ or its designated representatives.
�1. Backflow Protection. Customer and Cin� shall 1�ave the authority and responsibility of inspection to determine
that no cross connections or conditions of backflo�v or back-siphonage e�cist on that portion of the system receiving
Water under pressure from City's water mains. City shall have the authority to disconnect the Water until correction
within the Customer System is made. City shall also have the right to suspend delivery of Water in the event
Customer fails to construcK, maintain and operate City's portion of the water distribution system in substantial
compliance with such standards referred to hereinabove. Provided, however, unless substantial noncompliance
constitutes a safety and/or health hazard, City sball not suspend the deIivery of Water without first notifying
Customer in writing of such noncompliance and affording Customer a reasonable opportuniry to correet such
noncompliance. Provided, further, in no event shall City suspend delivery of Water to any portion of Customer's
system not necessary in isolating the location of such noncompliance.
6.0. Term. This Contract shall extend for a term of 20 years from the date of Contract execution. Unless a written
notice of non-renewal is sent by either pam prior to expiration hereof, at the end of the original tenn, it shall then
automatically renew on a year-to-year basis. Either party may cancel prior to expiration of a term for breach or non-
performance. City may cancel this Contract at any time during any term of the Contract in the event Customer fails to
make any payment due hereunder within 60 days aftcr same becomes due or, if the Customer breaches any covenant
herein other than payment of the monthly statement and such breach continues for 60 days after City geves Customer
written notice thereof.
7.0. No Assignment or Discrimination. This Convact shall not be assignable by either party without the approval of
the other party. T'he PaRies hereto shall not discriminate against any employee or applicant for employment or
service because of race, religion, color, sex, national origin, age, or handicap.
8.0. Independent Contraetor. This Contract is intended to create an independent contractor relationship, and the
employees of each party shall never be considered the emplo} ees of the other party•.
9.0. l�lotices to Customer. Notices from City representatives to Customer issued pursuant to this Contract shall be
eff'cctive when sent to the Customer at the following address:
City of Lakeside City
P.O. Box 4287
Wichita Fa1Ls, Texas 76305
If a document is sant to Customer via certified mail, notice shall be considered received by the Customer if a
repr�sentative of the Customer fails to siun for or accept said document within 5 days after receipt thereof.
10.0. Title to Water. Title for liability pwposes to all �Vater supplied hereunder to Customer shall be in City up to
the Point(s) of Delivery, at which point title shall pass to Customer. Notwithstanding, Customer will not obtain any
water rights in any wastewater effluent flows or the continuation thereof.
11.0 City Rig6t to Ezecute other Water Supply Contracts. City maintains iu right to enter into any other water
supply contracts without restriotion.
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12.0. No Third-Party Beneficiaries.
"I'his Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any
form or manner, be considered third-party beneficiaries of this Convact. Each party hereto sha13 be sotely responsible
for the fuIfillment of its customer contracts or commitments, and City shaIl not be construed to be responsible for
Customer's contracts or commitments by vntue of this Contract or any provision contained herein.
13.0. Choice of Venue.
All acts performable under the terms of this Contract and all amounts due under this Contract, including, but not
lunited to, payments due under this Contract or damages for the brcach of this Contract, shail be paid and be due in
Wichita County�, Texas, said Wichita Counry, Texas, being the place of performance agreed to by the Parties to this
Contract. In the event that any legal proceeding is brought to enforce tlus Contract or any provision hereof, the same
shall be brought sotely in Wichita County, Texas.
14.0. Pledge of Revenue.
Customer represents and covenants that all payments to be made by it under this Contract shalI constitute reasonable
and necessary operating expenses of its system, and that all such payments will be made from the revenues of its
water systsm. Customer represents and has determined that the water supply to be obtained from City is absolutely
necessary aad essential to the present and future operation of its water system and is the only available and adequate
source of supply of Water therefore, and, accordingly, all paymenu required by this Contract to be made by
Customer shall constitute reasonable and necessary• operating expenses of Customer's system or systems as described
above with the effect that the obligation to make such payments from revenues of such system or systems shall have
priority over any obligation to make any payments from such revenues, whether of principal, interest, or both, with
respect to all bonds heretofore or hareafter issued by Customer with the exception of any toan to Customer from the
United States of America for financing Customer's �vater system. With respect to Customer's obligations to the
United States of America for financing Customer's water system, the City and the United States of America shall
have equal prioriry. Customer agrees throughout the term of this Contract to continuously operate and maintain its
waur system and to fix and collect such rates and charges for water services to be supplied by its water system as
will produce revenues in an amount equal to at least (i) all of its payments under this Contract and (ii) all other
amounts as required by the provisions of the ordinances or resolutions authorizing its revenue bonds or other
obligations now or hereafter outstanding. Unless othenvise specifically provided in writing by subsequent Contract
between City and Customer, all payments due by Customer are to be made from the revenues and income received
by Customer from the ownership and operation of its water system.
15.U. lndemnity. Customer shall defend, indemnify and hoid harmless City and City's officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attomcys' fees and
expenses brougt►t for any injuries to persons or damages to property in connection tivith the performance or attempted
performance of this Contract. Custamer exnresslv ag�ees to defend, indemni.fv and hold harmless City and Citv's
of$cers agonts and emplovees in accordance with this clause regardless of whether the iniurv or dama2e is caused
in whole or in pert bv the acts or omissions includingne�liQence of City or its officers. agents or emp�yees or �y
condidon of City's pronertv.
16.0. Amendments to be in Writing. The Parties to this Contract agree that they have re:►d all provisions of this
Contract and any exhibits hereto. This Contract and any e�ibits hereto are the complete and exclusive statements of
the terms agreed upon, superseding all prior Contracts or statements, either written or oral. No modification,
amendment, or addition to this Contract is valid unless in writing and signed by all Parties hereto, except that rates
may be estabiished by City as provided above.
17.0. Severability. If any of the provisions of this Contract (other than the rates and obligation to pay for the Water)
shall be invalid or unenforceable, same shall not iuvalidate or affect the validity and enforceability of any other
provision, which provisions shall remain in force and effect.
1&0. Force Majeure. If by reason of force majcure any party hereto shall be rendered unable wholly or in part to
carry out its obGgations under this Contract, other than the obligation of each Party to make the payments required by
the Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other
Donn !. nf ?
� Party within a reasonable time after occurrence of the er or cause relied on, the obligation of the Party giving such
notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then
claimed, but for no longer period, and any snch Party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts, or other
industrial disturbances, acts of public enamy, orders of any kind of the Government of the United States or the State
of Texas, or any Civil or military suthority, insurrection, riots, epidemics, landslides, lightr�ing, earthquake, fires,
hurticanes, stornts, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances,
explosions, breakage or accidents to machinerv, pipelines or caaals, partial or entire failure of water supply, or on
account of an}� other causes not reasonably within the control of the party claiming such inabitity, excluding
negligence.
19.0. No Waiver. Failure of City to enforce a pmvision of this ConLract does not waive any future right to enforce
that provision.
20.0. No Joint Ventnre. The Parties to this Convact agree and acknowledge that this Contract does not create a joint
venture, partnership, or joint enterprise, that each Party is not an ageat of the other entiry, and that each Party is
responsible in accordance with the laws of the State of Texas for its own negligent or wrongful acts or omissions and
for those of its officers. agents or employees in conjunction with the performance of services covered under this
Contract, without waiving any governmental immuniry available to City or Customer under Texas law and without
waiving any defenses of City or Customer under Texas la�u.
21.0. Interpretation and Recitals. 'This Convact shall uot be considered to be mutually drafted in accordance with
negotiation between the Parties hereto. Accordingly, it shall not be interpreted against City on the basis that City
supplied its language or for any other reason. Recitals shall be incorporated into and became a part of this Contract.
IN WITNESS WHEREOF, the Parties hereto, acting under authority of their respeciive governing bodies, have
caused this Coniract to be duly eacecuted in three counterparts, each of which shall constitute an original.
L.t�H v� �.L�i�LCSi d� C..�'t+� City of Wichita Falls
��1� �t,lA�yv�
ev. ( llowcu� ,/L�� Darron Leiker, City Manager
�
(seal) (seal)
AITEST: ATTEST:
.�
� �����_, , C 5 Lydia Ozuna, City Clerk
APPROVED AS TO FORM�
Miles Risley, City Attomey