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Res 111-2011 12/6/2011 RESOLUTION NO. _111-2011__ Resolution Approving A 20-Year Potable Water Purchase Contract With The Wichita Valley Water Supply Corporation WHEREAS, the Wichita Valley Water Supply Corporation is organized and established under provisions of the laws of the State of Texas. One of the duties of the Wichita Valley Water Supply Corporation is the operation of 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 owns several water reservoirs and a treatment and distribution system with capacity capable of serving the present customers of the City and the estimated number of water users to be served by the Wichita Valley Water Supply Corporation; WHEREAS, Wichita Valley Water Supply Corporation entered into a Water Purchase Contract on August 6, 1991, and subsequently agreed to multiple modifications to the contract, and this Contract replaces all prior contracts between the Parties relating to the purchase of potable water; WHEREAS, immediately prior to the effective date of this Contract, the Wichita Valley Water Supply Corporation was not obligated to purchase Water from City and City was not obligated to sell Water to the Wichita Valley Water Supply Corporation; WHEREAS, by resolution of the Board of Directors of Wichita Valley Water Supply Corporation enacted on the 14th day of November, 2011, it authorized the continued purchase of Water by the Wichita Valley Water Supply Corporation under the terms of this new, mutually agreed upon Contract; WHEREAS, Wichita Valley Water Supply Corporation is responsible for operating its water distribution system, and providing Water to its authorized service area as described within the Contract; WHEREAS, Wichita Valley Water Supply Corporation is required by Texas Commission on Environmental Quality regulations to implement and enforce City’s Water Conservation and Drought Contingency Plan through all subsequent sales of Water and shall include such obligation in any subsequent contract for sale that the Wichita Valley Water Supply Corporation may execute with any third party purchaser of Water; and WHEREAS, the City Council examined the proposed Contract to the Water Purchase Contract between the City of Wichita Falls and the Wichita Valley Water Supply Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Potable Water The City Manager is authorized to execute the attached Purchase Contract between the City of Wichita Falls and the Wichita Valley Water Supply Corporation, with such changes as are approved by the City Attorney. PASSED AND APPROVED this the 6th day of December, 2011. ______________________________ M A Y O R ATTEST: ____________________ City Clerk