HomeMy WebLinkAboutMinutes - City Council - Regular - 9/2/1955RECESSED REGULAR MEETING
Lubbock, Texas
September 2, 1955
The City Conmissi on of the City of Lubbock, Texas, met at 10 o'clock A.M. in recessed regular
session, recessed from regular me:sting of August 25, 1955, at the regular meeting place in the
City Hall, the following members thereof being present to -wit:
Mayor Murrell R. Tripp, Commissioners Lennis Baker, Hurley Carpenter, S. S. Forrest, and Lucian
Thomas, Acting City Manager, H.P. Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer
Lavenia Lowe.
Absent: none
Also present in the meeting was Frank Medanich, representative of the First Southwest Co. of Dallas,
Texas - Robert E. Maxey, representative of Canadian River Municipal Water Authority and the
following members of the Water Resource Board: Ruel C. Martin, Chairman, Charles A. Guy, Harold
Humphries, Ervin L. Jones, George P. Kuykendall, W. E. Medlock, Raymond L. Johns, Asher Thompson.
Also present in this meeting was A.B. Davis, Manager of the Chamber of Commerce, Joe Bryant,
C.I. Wall, and other members of the Board of City Development. This meeting was called for the purpose
of discussing the City's position in connection with the Canadian River Municipal Water Authority
proposed water contract.
Invocation was given by Acting City Manager H.P. Clifton.
55-14-239-503 Motion was made, seconded and unanimously carried, by the members of the Water Resource Board to
request that the City timely submit the water contract as revised July 18, 1955, to the Citizens
of Lubbock. Motion was also made, seconded and unanimously carried, by the members of the Board of
City Development, present in the meeting, that the City timely submit the water contract as revised
July 18, 1955, to the Citizens of Lubbock.
Whereupon, motion was made by Commissioner Carpenter, seconded by Commissioner Baker, motion carried,
Mayor Tripp and Commissioners Baker, Carpenter, Forrest, and Thomas voting Yea, none voting Nay, that
the following resolution be passed:
RESOLUTION
WHEREAS, the Canadian River Municipal Water Authority has submitted its revised draft of a
proposed water contract, said draft being dated as of July 18, 1955; and,
WHEREAS, the City Commission of the City of Lubbock has duly considered the terms of the proposed
contract, future water requirements of the City of Lubbock and other cities and towns in this area;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY CO*USSION OF THE CITY OF LUBBOCK:
THAT the City Commission of the City of Lubbock consistent with the recommendation of City of
Lubbock water Board and of the Canadian River Municipal pater Authority, will timely submit the
water contract as revised July 18, 195% to the people of the City of Lubbock, as provided by law
for their approval or disapproval.
It is recommended that consideration be given by the authority to such suggested changes in the
contract as were discussed in a joint meeting of the City Commission and the eater Board September
2nd, 1955.
THAT a certified copy of this Resolution be promptly transmitted to the Lubbock representatives of
the Authority, and by them to the Authority.
Passed by unanimous affirmative vote of the City Commission this 2nd day of September, 1955.
/s/ MURRELL R. TRIPP
MAYOR
ATTEST:
/s/ 1'avenia Lowe
CITY SECRETARY -TREASURER
See photostat of Water Contract.
REUSED DRAFT 7/1-3/55
26
THE STATE -OF
COUNTY OF
:LATER CONTRACT
■
THIS AGREE;124T made and entered into this the day of
__, 1955, between the Canadian River Municipal Water Authority,
a ;onservatior. District and political subdivision of the State of Texas,
duly created; existing and acting by virtue of Chanter 243, Acts of the 53rd
Legislature of Texas in 1953, hereinafter called the "Authority", and the
City of , a municipal corporation of the County of ,
Texas, acting by virtue of authority of general law, hereinafter called the "City"
W I T N E S S E T H
WHEREAS, by the Act of its creation the Authority is permitted
_o store, control, conserve, protect, distribute and utilize the storm and
flood waters and unappropriated flow of the Canadian River and its tributaries,
and further to enter into contracts with cities for the purpose of supplying
then. water for municipal., domestic, industrial and other useful purposes, it
being expressly provided that each city now or hereafter constituting a part of
the Authority, being herein referred to as a "Member City", shall be accorded
priority in the allocation of its available water supply; and
WHEREAS, City as a constituent or Merber City of the Authority
entitled to the amount of water hereinafter contracted for on a basis of
priority ovor•all but other constituent or Member Cities; (subject to the
Authority'3 right to contract with others as herein set forth); and
WHEREAS, Authority now contemplates the construction of a dam and
reservoir on the Canadian River near Sanford, Texas, to impound the storr and
mood waters and anappropriated flow of said river within the limits of its
presentation filed with the State Board of Water Engineers, and those prescribed
for Texas by the Canadian River Compact. said reservoir to have a capacity of
approximately 500,000 acre feet of conservation storage developing a dependable
yield of approximately 11.4,000 acre feet per annum; and
WHKIEAS, Authority is further contemplating the.authorization of
revenue supported bonds In the total principal am, of approximately
a�____.____•____., for the purpose of constructing the aforesaid dam, reser-
voir; and such water purification plants, aqueduct systems, and other prop-
-ties including intake and pumping facilities as are necessary to delver
treated, po Sable water, to its Member Cities and to such other persons. firms,
corporations and polnt=cal subdivisions as, by appropriate contract• may become
entitled to receive same; and
WHEREAS, Authority, in its name, possesses a presentation filed
with the State Board of 'dater Engineers in accordance with law giving 1, a
prior right to undertake the development of the aforesaid dam and reservoir
project to impound the water aforementioned at the point indicated on the
Canadian River and which presentation under the law may be converted into a
right to appropriate annually such quantity of water upon the granting of a
permit by the State Board of Water Engineers prior to the conmencanent of
construction; and
WHEREAS, Authority has received and approved a report of Parsons,
Brinckerhoff, Hall & MacDonald, Engineers, dated September, 1951, copies of
•which have been delivered to the City and wherein among other things it is
stated that the Authority's contemplated water storage and distribution con-
struction program as set forth In said Repor: (the "Project") may be completed
within three years from the time it has arrived at a final decision to proceed
with the construction of such Project; and
WHEREAS, by virtue of the authority of or. election held for the pur-
pose in the C].ty on the __day ef1955_ in compliance with the
provisions of Article 1109e Vernon's Annotated Texas Civil Statutes, 1925, as
amended, the City _____•___�__ is empowered to direct the execution of this
agreement by its Mayor and City Secretary on behalf of the City; and
WHEREAS, i.t is recognized by both parties hereto that the execution
hereof w'_11 in no way impair the City's right to continue to own and operate
its water distribution system, and, to the extent that such may not conflict
with this agreement t,,, take water from the Authority hereunder, its present
water supply facilities; and
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in Section 2 hereof and none of such bonds shall be sold unless the standby
charges provided for in said Section 2 together with such standby charges
as may be contracted for by other Member Cities and other contractors for
the same purpose will support said first $2,000,000 of bonds. Furthermore,
this contract will not be pledged to secure any additional bonds of the
Authority nor shall such additional bonds be issued or sold unless contracts
with all contracting Member Cities and with others who may contract with the
Authority will afford the Authority sufficient income to operate and maintain
•
its facilities and to pay principal and interest require^ants pertaining
to said revenue bonds and to maintain any reserve or ether funds required
by tho covenants of any resolution or indenture entered into by the Authority
in connoction with such bonds. During the first six full calendar years
after commencement of service the City shall not be required to take more
than the quantity of water to be arrived at under the methods hereinabove
of;tlined nor to pay therefor a price in excess of 220 per 1000 gallons.
T!'t City shall become obligated to pay more than 220 per 1000 gallons for
wntr_r in the 7th and subsequent years of service only in the event that for
5f-C[ reason beyond the Authority's control some contractor may fail to meet
its contract payments. Should 'this occur the uniform price of water to the
aty as well as other contracting Member Cities will be limited to that
.rhich will afford the Authority its required incomes after taking into
account all income from other sources and after the Authority shall first
':uve rGscrte- to reserve funds on hand at the time and available for the
ur;.Jsc ;f meeting its operation and debt service requirements. Any moneys
later received by the Authority from any defaulting contractor in any year
shall be reflected to the fullest extent possible in a lowering of the
-rz•!c^ of wai.ex• to ifs delivered to the h:c^bar Cities in the year next
su^ceaJirg such pa-nment.
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from their then source -of supply. Using as a basis the City's proportion
of such average total annual production for those two years the Authority
shall compute the City's proportionate part of the total annual amount of
water to be supplied by the Authority to all Member Cities for the total
minimum annual payments which the Authority must receive from all Member
Cities during the first six full calendar years after commencement of water
service, and based on the same proportion, the City's proportionate part of
the total minimum annual payments which the Authority must receive during
said first six full calendar years after commencement of crater service.
For the purpose of making the aforesaid computations of the amount of water
which the City shall be entitled to receive and the amount of the total mini-
mum annual payments to be made therefor by the Cities to the Authority, the
total amount of water to be supplied all Member Cities for the total minimum
annual payments to be received from all Member Cities during said first six
full calendar years after commencement of water service are shown in the
following schedule:
TOTAL AMOUNT OF WATER 20
RE SUPPLIED ALL MEMBER
FULL CALENDAR YEAR CITIES FOR TOTAL MINIMUM MINIMUM
AFTER COMT;ENCE` ,7 ANNUAL PAYMENT (MILLIOIIS ANNUAL
____OF_ I CFLOF GALLONS) YR. PAY,fjjdjS
First 16,200 $3,504,000
Second i6,865 3,710,300
Third 17,400 3,828,000
Fourth 18,000 3,96o,coo
Fifth 18,650 4,203,000
Sixth 19,350 4,187,340
In connection with the foregoing and in recognition of the possibility that
some of the Authority's Member Cities may not contri,et with it for watcr, bill,
thr,t the Autsbority may find support from contracts with other users which when
ccmb!ned with that received from the contracting Member Cities will prove
adequate to support the Project with appropriate modirication; it is agreed
and understood that this contract is not necessarily dependen'. upon contracts
with all other Member Cities and that the Authority„ in its discretion,
may proceed with the finalizing and pledge the proceeds of this contract in
support thereof. This contract, however, shall not bo pledged to secure any
of the $2,000,000 of the Authority°s bonds which may first be issued as recited
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and exercised its rights to priority of water allocation under Article 8280-
154, Revised Civil Statutes of Texas, 1925, as amended.
Delivery of water to any Member City shell not continence until the
Authority has provided the facilities which are necessary and adequate to
deliver at least the amount of water to be allocated to it for the minimum
payments arrived at as aforesaid. Notwithstanding the amounts of water which
may be allocated to the City for the minimum annual charge to be arrived at as
aforesaid, the maximum rate of delivery may not exceed twenty-eight million
gallons per day during the aforesaid six -year period.
Maximum Rate of Daily Delivery
During the First Six Poll Calendar Years
After the Commencement of Service
City Maximum Rate of Daily
Delivery
Amarillo 29,000,000
Berger 4,200,000
Brownfield 1,700,000
Lamesa 2,500,000
Levelland 2,500,000
Lubbock 28,000,000
O'Donnell 400,000
Pampa 4,000,000
Plainview 5.60o,000
Slaton 1,500,000
Tahoke g001000
Totals 80,300,000
(b) If the City shall take more than the quantity of water allowed
it for the minimum payment in any calendar year, which may be possible wither,
the maximum daily amount permitted as aforesaid, it shall be obligated to pay
the Authority at the rate of 100 per 1,000 gallons of water for such additional
water during the first six full calendar years after commencement of service,
The City shall receive no credit for water available for it and to which it
is entitled in any calendar year, but which it does not take in such year.
(c) Payment of the minimum annual service charges listed in sub-
paragraph (a) hereof shall be made by the City to the Authority in twelve equal
monthly installments, the first to be due and payable on or before the tenth
day of the first full month following the commencement of service and such pay-
ments shall continue to be made in similar manner in each month thereafter.
Payment for water delivered in any of the aforesaid calendar years which exceeds
W
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the amount allowed 'for the n:inimu-m annual payment in that year shall be made by
the City to the Authority on orbeforethe tenth day or January follcw:.ng the
end of such year. I n the event that for any reasons service to "is City from
the Project has not been commenced by January 1 of the fourth year following
issuance by the Authority of construction bonds, (as referred to .in Section 8
he:eof), commencing with such fourth calendar year the City agrees to make
monthly payments to the Authority as above seated in an amount representing the
"City's proportion" of the "deb;: service and operational requirements of the Authc•--
ity% such payments to continua until service to the City is commenced. The
phrase "debt service and operational requirements of the Authority" aforesaid
shall mean one -twelfth of all amounts payable in that year by the Authority in
respect of such actual operational expense as is required at the time and
in respect of' principal and interest on its said revern:e bonds, for the main-
tenance of any reserve or o'Lher fund and for the fulfillment of other oove-
Cants which may be required by any indentures entered into by the Authority.
The expression "City's proportion" used as aforesaid shallfor each month
have the meanings here assigned as follows (where exam amounts will not be
known before the end of a year the Authority shall mat:e monthly estimatea
t•ner^cf with final settlements to be made as soon as practicable thereafter);
(1) In the event none of the Member Cities are receiving services
` by January 1 of the fourth year aforementioned, it shall mean, that porpa-ticn
of t..rl debt service and operational requirements of the Authority which the
Local minimum annual payments required of the City in :^aspect cf the first
full calendar year after commencement of service bears to the total mi^im:an
annual payments required of all Member Cities for such year, all computed as
provided In Section 1(a), and af,:v- allowing for pay^munts received from other
users.
(2) In the event some Member Cities arc receiving service by January
1 of the fourth year aforementioned, but the City is +aeong others who are rot,
it shall mean. the City's proportion of the debt service and operational 'require-
ments of the Authority which remains after deducting the water payments attributal
to such month from all the Member Cities receiving se: -vies or received from other
users. This proportion she'll be calculated as that part of the aforementioned
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covenants to be carried out with respect to the Authority's outstanding revenue
supported bonds under the provisions of the resolutions authorizing the issuance
of such bonds and the indentures under which they may be issued. Considering :hose
and other relevant factors, the Board shall make a determination of the maxi -mum
daily rate of delivery and the maximum quantity of water which is to be allocated
to the City during that calendar year and the minimum annual charge which must
be made therefor in order that the Authority may receive from the City its prcpe-
portion of the, ftinds required to enable the Authority to fully mai-ntair, a•:d operate
its facilities and provide all sums necessary for the payment of principal and
lrterest requirements and the maintenance of any reserve or other funds and to
carry out all covenants in respect of its outstanding revenue supported bonds
as aforesaid, and the City agrees to pay such minimum annual charge so determined.
In making its determination of the minimum annual charge required of the City and
the maximum, quantity of water to be allowed therefor the Board of Directors of the
Authority shall base its conclusions on the proportion which the total amount of
water used or consumed by the City from whatever source in the preceding calendar
year shall bear to the Total amount of water used or consumed from whatever source
by all Member Cities in that year, provided however, that in such determ.-.natlon
due consideration shall be given to the amount of water contracted to he furr-ished
to users other than Member Cities, The decision of the Board of Directors of the
Authority shall in all cases be final and binding upon all Member Cities„ and if
the Board fails to make suc: a redeierminatior. the rates and charges for the
preceding year shall continue, When the provisions hereof for the annual
determinations mentioned have been satisfied and such annual determinations are tc
be commenced such annual determinations shall apply and be made effective as to all
Member Cities at the same time regardless of whether or not the Authority may have
teen able to comience delivery of water to all Member Cities at the some time,
(f) it is further understood that after the first six full calendar
years after commencement of service to the City and depending only upon the
availab'lity thereof for delivery to it, the City agrees to take from the Antharii.y
not less than those proportions of its annual water requirements which are shown
as follows:
-9-
Years after Commence- Po: tion to be La-Ren
ment of Service_ _ from-Authoz• 11•`--
7th 93% of Total. Use
Sth %i% " " "
- 9th 94% "
10th 9-10
llth 95%
121h 95J%
1?th 46% "
14th 961% " "
15th 97% " "
Toth fr714
17th 93% n u
18th rgfg
19th
20th
21str at. seq. 100%
(g) For the quantity of water actually delivered to the Gity
by the Authority in any calendar year which exceeds the maximum amount the
Board has allocated to the City for the minimum annual take or- pay charge
established for that calendar year purswan: to the preceding subparagra:in (e).
said City shall be obligated to pay the Authority an additional sum at such
rate per 1,000 gallons of water received as may be Fixed from year to year by
the Board of Directors. The payment of all sums due the Authority hereunder
for the seventh and succeeding calendar years shall be made in the same manner
and subject to the same terms as are set forth in Section 1(c) hereof relating
to the payments to be made in the first six full calendar years aft -or coal.^rence-
menl of service,
(h) The Authority shall. notify the City with reference tc the
annual revision of water rates arrived at, as aforesaid, prior to January 20th
of each affected calendar year and shall include th,arein such other u:forms-lion
as it shall consider necessary or appropriate to ad-eise the City as to the
quantity of water to be allocated to other Member Cities, and other users, the
maximum rate of daily delivery to be provided for each and the minimum payments
to be received from each,
(i) Should the City fail to make any of the monthly cr annual
payments within the time herein snecified interest on such amount shall accrue
at the rate of._,W,____% per ann-m from the date such payment 'becomes due
until oaid in full with interest as herein specified. In the event such payment
_s not made within sixty (60)days from the date such payment becomes due, the
Authority mays at its option, discontinue delivery of water to the City until the
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g< Such other costs as nay be required .c advance tr•.e Project
to the point of letting construction contracise
The money derived from, the standby charges made during such
period shall, to the extent required by any resolutions or indentures of t_^-e
Authority under 'which its revenue supported bonds may be issued, be pledged and
used ezclusi•:ely for the payment of principal of and interest on said S2,000,C00
of bonds first issued and sold.
FCT10?;_1: POiPT OF_DF�[.PJz.'RYo The point cr po:.nts al, dglive:y of
water to the C-tytfrom the Authority's syate,, shall be_--_----- _�---.
The City agrees to construct, maintain and operate at its own cost ar:d exnecae
at such delivery point or points all equipment and facilities necessary to receive
and take such water from the Authority's lines,
�ECTIO_!aL: !_!f>TF.,R_SURyF'_t+T, (e) 'dater shall be metered at the
point or points of delivery. The Authority shall furnish, install, operate and
maintain at its own expense at said delivery point a master meter of standard
ayne for measuring properly the quantity of water delivered under this agreement.
The City may, at its option and expense, install, operate and maintain a, said
delivery points, a check meter or meters of standard type, The City shall, have
access to all s::ch metering squip.nent at all reasonable timeaf but the reading,
calibration and adjustment of the Authority's master meter or meters shall be done
art:;' by employees or agents of the Authority, The Authority shall keep a true
record of eel neter readings as transerlbed f:-om the reportq of the Authority's
--employees or agents With respect thereto. Jpon the written request of the Ci':v
the Authority will give it such ini`crrmt7or. as it may requ:ast from its journals
or record books or permit the City to have access to the same in the office of the
+i:;.hority during business hoturs.
(b) The Autho-ity shall calibrate its metering equipment as
offer- as ti conside-s necessary and a, such times as the City may show reasonable
evidence of error•. If upon any .as,., the percentage of any inaccuracy thereof !a
found to be i, excess of 2%, .-egistraticn hereof shall be ccrrected for a par+od
extending back to the time when such inaccuracy began, if such time is acertair-atle,"
and if not, then for a period extend-ng back one-half of the tine elapsed since .he
last date of calibration, but in no avenT, ft:r'.her back than a period of six zonths-
Tr. .ae event the City has provided no check slater with reference thereto and 1f .`o-
any :ease.-, any master ,,,eter is out of service or out of
- 12 -
pa!- sc that the amount of water delivered cannot, be aseertair-ed or
computed from the reading; thereof' Lh- water delivered during the
period such meter is cut of service or cut of repair shall be agreed
upon by the parties thereto, by correcting toe arrcr if the percentage
of the er:-cr is ascertainable by. calibration tests or mather..atieal.
calculations, or by estimating the quantity of delivery 'by the de-
liveries made duv-ing preceding periods n:^.der similar eondizik^s when:
the mete:- was registering accurately.
SECTION �UNIT_OF_hfE_SiTRF_EAR', The unit of measurement
fo- -water delivered hereunder shall be !,COO gallons of water; U. S.
.standard liquid measure,
SEC'�ION_6: •QUq�I'TI OF WhTE.R. The Authority a obligated t..
.real the water to be delivered by the Auv.hority to the City under this
agreement so as to meet the purity standards of the State Health Depari-
ment of the State of Texas.
SECTIOP: 7 L��EILI'_Y FOR_PROaCT COSH, it is understood that
the City shall never be nor become directly 'liable for any par: of the
cost and expense of constructing the Projeot nor for the operation,
repair or maintenance thereof; it being the intention of both parties
'-ereto that all such costs or expense shall be the sole obligation of
the Authority. At the same time, however, this understanding shall_not
be construed to limit in ary manner the `authority's use of the proceeds
of this contract including their use in paying obligations incurred by
it for the construction and maintenance of the Project whether evidenced
by bonds or otherwise,
,S1cTic 2a ,¢C*j; OH IT7 1'0- [ EDITEo The Authority agrees to
proceed promptly and to the best of its ability with the cons' rue t ion cf
the facilities necessary for the performance of Its obligations herenrder
provided that those qualified to vote therefor in the Authority have W
the extent required by law authorized all bonds 'znd other contra_:; ne-easany
,.t finance the construction of such facilities. it is understood that
at this time the Authority is not In a pos-it_on to guarantee the under eking
of the construction of the facilities or '.tie dat'r upon which it: will be
able to make the first delivery of water to the Pity. The Authority, howeve-,
- 13 -
e ' :J G r C �^ vY m .Y k m O •-. w �• a r• 'F; o
3 r• •U <. '� o f� + i k :F7 D f, fin. a � UD t� V 3 'l (D d 4� N r+f 1� I•• O
o m a 3@ C
WW a O r♦ a L O S. 0.` N 9 M 'O 2
N O C O S '1 D O a •1 f •t � � f
ID a • G 1-' O P• L r♦ a♦' Y <• r* n `1 O 6 G •C
O C •J °
A �j O n A\ N '1 a S N O a 4:
O IY N C m a a a' m a '� •t
S A Ud yy •f 'U OO 1'-• �. •Y L w rT
°o N CamC]D V� a v cm♦ J ~ 1 m rT+ C m C] O rt a r Oho O M
N `F' 't" N • y '1 N IH j- n 6 y N a m A •1 O a F+ a O m '
O C ~ • 1+ R. G. W H pC `• O DC A O NM
J 'roU O a a n. N A � IIm+ F� a •. r♦ a f i _ O w a -� ~ O a S d ° N O G. a •G
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m to r♦ M O u' w v tr :f �- a L a n N
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t Y O. A G' D 1�O-y+ w M tf C J H m a t� N Y' ra a K �' .♦ S
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r+ -f i a- 1• N 10 n �CC (• H tun H r+ W 'D ♦ T m rCi M O
•ti Y• 4• N ryry A •O I% F• N �l `G 4 (• D G :Y a' ti S N - r'• V :Yl ('•
a 3 r♦ p, O Rn O 'u m N 'O M 'U N m N .� W O
OV• •~ CY ] N r w a U O :f U O 'J 1-' O r• a o m ,i
w o N N N f o a 1-' • r a o n C a d v
a. a y N r• o N N i>- M m 7 N r• f! r a ♦ o < O u N
O L a Y ♦ r+ O O U G: f^ �1 m D. (• r• ,T O J� M •r, M
(• a _ N a- m O ;] L (D N Y' N •Y.' a a Y N N I Q` d .. N
` `< N ♦ S W µ 3 2 'O �- tNi• yo .Nj •Fy r+ i. O :J O 'i• G.
o .Y m C M a) •Ny N ''pp3 'J yU u ~v
„ n O a i D (1 4' ~ O O � ' e F� r.. :y' n f•i•r 7• a tNn
7 n < 0. `I- m o :'+ w •I a . IN ,
o O G. Y •I N O N ♦ f - ID
v b _ •f �,
M � � � P. p9 0 • W� � � � u. `w•7 � 0 0. ,D ri C• IGD. vv
its water supply and distribu !on i'acilities a,, the time. `-[hould iL beeor,a
necessary at any time that the Authority deliver less water4�han'that tcn=
t:acted for by the City for ar_y reason, including those set forth in Section
15 hereof, and fpr any period of time; the 'City shall be entitled to receive
such amounts as can be made available to it during such period. In the
evert the Authority's inability is due to a, insufficient water supply in Its
reservoir., the City shall be entitled .o receive the pro rate shame cC the
water available during .the period of scarlty as deterr3ned by the proportion.
1-bin-h the total volume or quantity of water used by it from the Aulhorit;
during the last calendar year in which rationing was not necessary ben's to
total volume or the quantity of water used by ail Member cities from tka
Authority during such calendar year. Should =.ne City in any year; and due
to no fault of its own. fail to receive at least the full &T.onmt of water
allocated to it for the minimum payments as prescribed by the Authority for
that year because of scarcity and the resulting inability of the Authority to
deliver such amounts. the City stall be entitled to a credit of twi..e the .
difference between the amour. of rater contracted for under the minimum psymen-.
and the amount; received, such credit to be applicable to the first succeeding
year in which rationing is not necessary and to contint:e thereafter +:rtil
used. This provision for water credit shall ,not affect the continuing obliga—
tion: of the City to make the prescribed minLranm annual payments required unda:
the provisions of Section 1 or Section 2 hereof and -n order for the City to
receive such water not previously delivered and for which it shall be credited
as above stated, it must take same as additional water over and above :hat
allowd It for the minimum payment p-ascribed for the year in which the credited
wafer Is received by it. In such event, no charge will be made by the Authority
for such additional wa'.er •.:ntil the City has exhaceted its credited a.-ount. The
Authority will not be required to prorate such deliveries of waver as r.,ay be
made before the Project Is comple`.d,
(b) It is further agreed and understood the', any obligation on
the part of the Authority to complete and operate the Project shall be conditioned
further upon the followings
_ 13 —
(1) 1he issuance 01- a per. -ail by the State Hca-d of Stater
Engineers, giving the Author!';' the right to appropriate
- the ?uar.-tit} of .star ...,ch may be stored in the Authority's
dam and res>_rvoi- on the Canadian River;
(2) The execution of contracts with other ,ember Cities.
oLherwi.sea'wh.ich w.ni produce revem:es which, in tha
judgment of.the Authority, will permit the financing si
the cc::struction aa� operatior. of the Authority's water
supply and distribution, system;
(3) The sale of the 4uthority's bonds '_n an amount `a assure
final construction of the Authority's waver supply and
distribction stem;
(4) ?he Authority's ability to obtain all necessary nateri.al;
labor and equipnert necessa:y for completion of the Authority's
water supply and di.atrib-ation systems.
S CTICiJ yE III.,,Tlki •oF CI?'Y!S OP.�IGATICNS; NOT PA)L&Ij.E_ET IA -AI ON,
(a) The payments required to be made by 'the Cis; under the tsee of
Scat{on 1 and 2 hereof shall be due anti payable as therein specified in any aid
all avents and regardless of whether there shall bey for any reason, a delay in
the completion of all or any psri or the rrojcst and regardless o_^ whether the
Project shall have been ::holly or partially destroyed or damaged, and regardless
of whether the Auahority shall have tendered any water to the City; and the Ci_y
shall make the payments so-eouird to be made under the terms of Sections
and 2 regardless of any failure or the Authority to perform any of its Obligations
under this contract. The agreements of the City to make the payments required
under the terms of Sections 1 and 2 hereof are separate end independe.n*t covenants
and the City shall :^.eve .n_c right of setoff, recoupment or cc•=ie:claim. The
foregoing provisions or this paragraph shall not apply (1) to any payments under
Section 1 in respect Of any period during which the City shall not be tendered
any water by the wrongful affirmative act of the Authority (other tha- payments
Pursuant to the third sentence of Section I (o); (2) to any payments under ire
third sentence of Section ° (�:) in respect of any period during which. the Authority
shall refuse to cortlf.ue oompletion of the Project through its wrongful affirmative
�P li .f ro m � .c � a ;j �; '� � .�c.' �1 L ti '� o a. v :� •o :i u n.
.i U m t' m N, al m Yi [; `� UI w .n L i� v. •G _N W ii •m Ci m
'Lt 1 U 't �f � l+ aU O [: •U O PGt 0 `Y 7 `• Si a 2 cl t< .s m JI m � ..
❑ 1-j m f J.,
O ,ym O :•. m 4: G ,mifl
N t% N 0, M1' 'm N .� � N � m V] F. •'.. [vL N m r N "n + t' i O N
.-] •d I^ 'O s: > c' [',. o m >• 1 :. M1i c: 3 > c
h 'ci .m ..'.> t. a ut 4.•,', •r°i �i •� .o <. o ai ,0
°
O :) : > TJ m V �G+ •M1� - ..+ , , 0 w U l m N ar
La m m ;r m �'t,•• O of O
a o amo om •red r' '�
`• . m •U .0 In ml �•. . SG :,: { a, 'U t. `O .r] m .> y f. .S m �d 4 m C M m O
O r i
m YiV m Lr M m 4 O 7 {m r •CI m m m m CL C .0 r0 .ti 9i . m 0. •O U .. p ... t. m r: � r' ..
_ •y ,U CI p, 9 'U •6i al
.:.: 1' •❑ cue o
O m U tm N C OC m P. m I-' m U `+ '�, V M t-i t: •U
° .a N m :r: m
F� m � m m A i m G.+ []• 4 1 ... j; O
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,N •;ti m :.c 4m m r. v o is a n m
10 i• a: .n ci "� t' ,'yy t. >. Pf'
[L 1 •-[ i. m • y 7 � F 1 'O "n m d. c' f+ m O M, -. [L •r ' e'
..i •n 2 �7 E. 10 O N 'a? ra ' C z] .. m •:t ti -. t) C 'C] m _ [: •-
m a N
H m } v M1' [• m m U �' r O fn rm [ 7 [. :S n o N C . M .ry m
.� ¢ .•> m o' .a>' C at'i oar t. n, ei w .•r', m
0 o a y
ri ••'+ m �1 o N t7 .m> m P ;] 3 +)m 6 `' P. Vi
m w '.w uo v > , v _m n ii °1 m �• s '� ti v ti a � •m i tm.
5
°44
t: e
U h [. '� +mx' Oa• �mC M1Y°i 51 m N m 3 N ... ii ci .mio rGi N r C N
AY i? O t' Yi m t' P {: • i °; f, C ..> 1. p F
a 7 a N o m m m o N t°. .,°, m t. '!� •U o
SE(lITOtJ_Ay: FOrGE _111JF�UEE.. if for any reason of "Force Majeure"
either of the parties herein shall be : endered unable wholly or in part to
carry out its obligations under tits agreement, other that. t$e obligation
of the City to make the payments required under the terms of Sections 1 and
ry sha:il give notice and full particulars of suer,
2 hereof, then if such par
reason in vritirg to the other parry within a reasonable time after the oc•-
ca:rrsnce Of the evert or cause reited on,. the obligation of the party gi'v=ng
st-".h4totice, so far as it is affected by such "Force Majecre", 'shall be sus -
pealed during the ecr.tiava:.ce of inns inability then claimed, bus for no
longer ,period, and any such part.' shall endeavor to remove or ovsrcoma suet, inability with all reasonable dispatch, The tern "Force 1•±ajeure" as employed
herein; shall mean Acts O GOd, strikes, lockouts, or other industria" d' -
turbances° acts of public enemy, orders or actions of any kind of the Govern'
men-, of the United States or cf .he State of Texas; or any civil or military
ear '-Y.quake.
+ -o:v;;m-_..
r_,,,s, landslides, lightning,
authority; in. urrections, s, ep_
stcresv floods, wasncuts, droughts_ arrests; restraints of
fires, 'rurrieares,
goverment and pecpie, civil disturbances, explosions. breakage or accident,
to dams, ma^_pinery, pipe lines or canals or ".her structures o'r maohlnery,
partial Or entire failure of water supply and Inability ca the part of the
A rti ty to deliver water hereunder, Or of the City to receive water, on
account of any other cause net reasonably within the control of the ramie
claiming such inability° it is understood and agreed than the settlement cf
strikes and lockouts she'_"- be en,are:y within the discretion of the party
having the difficulty, and the', the above requirement that any Force Mejeure
snail be remedied with all 'reasonable disPatch shall not require the settl
ment of strikes and lockouts by acceding to the demands of the opposing party
or parties when such settle.^ea:• is unfavorable to it in the judgment of the
party having the difficulty, No damage she,, be recoverable front, the Authn_'ity
by reason of the suspension of delivery of water due to any of the causes above
the Aut'.^.ority to meet any obligation by reason of
mer.ti Ohed and no failure of
Force `?ajeure shall relieve the Jity from its obligations to make the payments
required under the Lens of Sections 1 and 'd hereof.
z A:
SEC:;?CI'_ j- :'t;ERWTIC]S pJ_�.Rj9l,L45. IL is exprass'_y _accg':lc�
,he .ty n:ey be "",.palled to make necassary alteraticns,
by the CV..;i that e Author•
pu.•rrps, miters, Valves, p-pas
repairs and instailst'�cns of new cr
or equipment time
to :--.a drriag rite life CI :h?.a'colt. LCL, a::d any
suspension of delivery to the City due :o such cperations shall not be cause
is.fu-ther provided, however
for claim of damage cn the part cf t�,a Ctty. IL ,
that all reasonable effort is :O t.e Made by the Authority to proc•ide the City
;. }.is - _„�rac t. .In such cases the Authority shall
with water in accordance wi.t:.
give the City as much advanoe noL!e'� as r..ay be practicable of the ausper.sicn
in the avert the Authoritv's
of delivery and of the estir.,ed durati.= }:ereofe
dam, pumps or tranamissicn systs:Tl, or an,• of them, or any other facility
:ns-,n:r.antal in the de=iverY of eater to the City be destroyed or damaged as
the result of any cause whether by Force Ma,+eura or otherwise; so as to "lake
deliveries cf 'rater . equire:nents as herein sneo'i.fied impossible, the Authority
shall immediately and etits own expense proceed to 'restore snid improvements
and facilities.
S)CT�OTj�,g: _It_5?J3t,�]iCE. Th- Anthori':y ag:r+es to merry insurarca
I„r the purposes and tre amounLs whin::'aoul.d ordinarily be carried by �
similar to
pr�vstely owned U'-ility Company under ccn:ract :,o p art-ot^r. services
those undertake:: by the Authority in this contract. Su^h provisions rill be
so designad as will afford pro'taction the Authority and to the holders o:
the Authority's 'oonds and sc assure and facilitate, tc she extent feasible
and practicable, the restora`.ion of damaged or destroyed properties to
and
minimize the c. s_ ^vice to the City. and ot,ners who may cor.t:•act
interruptior.
with the Authority for eater°
SECTI9L.112.' CGi7T, j.,L,'�T Ta, .. This contract shall OOntinue in
force and effect far the period that any of the Authority's bonds which are
supported by its revenues are outstanding and unpaid. The City, however,
beyond such
shall have the right to an ezter,sion cf the term of this contract
-,sng then may be mutually agreed upon
initial term under such a.. emarta as y
between the Au'-`ority and the Cc•.y°
N IN+ iD f a,N Y• T �� F-• (vj G P•
1 N W
M W ~ D N H C G 6 0 �5 O F• W '� F+ 9 W m N .1 D' " � "p'
S O O
e •G� �' Y• C W m H 1 •Y V' N 0 N N W N N' `' �U 'I,Vi F O '� �@@ U
ICz7 O C C•' ., y ., 'V ry d [D n N
n N y ♦ t*1 00 F• Illti M N ^+ A. t:• '. .O OZ i, [>• 'J t IM
v 'P. O. S 00 N � 'O N m �H N a• D M C y W m � C Nr :s• I~1
' o ti � •:�" a z a m �• F Ion'
Vy "• D, m = J m E N r
N C U .i N 3h ,D V 0 y y 1 1� n b (. ( ✓L N,, i� Fr :r' 'i id
c� N
c.: ,•.. O (i O :1 �1 W 'i (0 by O 'a S is Ui W o '� ,. .•- !IH
) O
mt,as D r. .. < o
o V
M y p
K N ei j a o' •, " Dn < V
O. 5' O. O ro N N •� O
M W m a N W H ,D 0 :f
•1 P• N d F+ 't O N }j u~i �. O
C C N- S S• C n 'o r 1 'l O N Cf n
N.�, �. :Y ,[) d N WOr
✓ m N 'T' o W O a
O P iD O [R f0 N M
q m o o O o m m X 8. a or Cr
' N " y 'O` F;' N W ;n. N
or N 'pF �' n m 'Ni m 'Y N c< P' CY r ['• O r. :Y
O offo
'fDi z' ,> w m � � �.� N
pp M m N
O p? C W W G O V �-' W N w
O
y '1 :S O .� tl V O � ✓ :l r M 'o to N m tD ii O.
µ mj M 0 c, DI O n ~ ti tD o O
`C ;e �. n
SQTI N_j,e SEVERKIZ �I'�' r
'iCt? I,
- .,_ a'r(.ie5 hereto ^.b.':'ec tiZala
if any of the 7;L7Sfi.3ion3 cf i;his aon rgaj nonLravenee Or be held Invalid
under the shall L invalidate the rr:iol_e ag••eem
ment but it aha±l be cons ued as though not Containing that pa'r"•`_icula._
provision and the rights and obligations of the parties shall be corm..
5'iz,.ed and enforced accordingayo
SISQTA01`_ -T jas PTEPPPa 1! Is reoogniZed that :his Contract
may be pledged by the Authority under an indenture pursuant to which
the revenue supported bonds previously referred to may be issued, and
the City hereby consents to such pledge=, however, in this connection it
is understood that such indenture ahall contain no Provision under which
the Authority may be diveste6 of title io the physical properties of the
Project and such physical prcperties shall noL be encumber& by any mort-
gage or .right of foreclosure. The City fur. they agrees, which agreement -
shall be for the benei i u of the holders of an 3r such, bonds and enforceable
by the Trustee under any such lnden.;I e, that any payments due the Authority
under this contract shall capon request from such Trustee be paid when I'le
hereunder to such Trustee, and payment in accordance with this contrast
to such Trustee shall be 'a full dischaI`ge to the City .from all of its
obligations 4nde.- this contract with regOect to such payment,
IN WITNESS WHEREOF, bhe parties AIM acting n ''
uthority
of 'their respective governing bodies has caused this contract to be duly
executed in 5eve.r a! count g ° .rpa:•t , each of wr.:LCh shall constitute an original,
all as of the day and year first above written.
ATTE9
ATTESTo
GANADIAh' RIVER MUNICIPAL WATER AUTHORITY
BY _
President
Secretary
CITY OF___ .._y..___________.___y_. TEXAS,,
BY
Secretary
APPROVED AS TO LEGAL FO Mi
city Attorney
0
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION RECESSED TO ME"T AT
2 P.M. September 2,.1955.
READ AND APPROVED THIS THE 22nd DAY OF
September , 1955.
ATTEST:
Lave a Lowe, CitySecrettiry-Treasurer
RECESSED REGULAR MEETING
`M
Lubbock, Texas
September 2, 1955
The City Commission of the City of Lubbock, Texas, met at 2 P.M. in recessed regular session,
recessed from regular meeting August 25, 1955, at the regular meeting place in the City Hall, the
following members thereof being present to -wit:
Mayor Murrell R. Tripp, Commissioners Lennis Baker, and S. S. Forrest, Acting City Manager, H. P.
Clifton, City Attorney Vaughn E. Wilson, City Secretary -Treasurer Lavenia Lowe.
Absent: Commissioner Hurley Carpenter and Commissioner Lucian Thomas.
55-14-241-504Motion was made by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp
and Commissioners Baker and Forrest voting Yea, none voting Nay, to grant the following increase in
rate to the Lubbock Bus Co. Inc.,
Children under 12 years of age to be charged a fare of seven cents
School children going to and from school to be charged a fare of seven cents in books of
20 tickets.
The above rate increase hereby authorized to become effective immediately. The above rate increase in
bus fares to be made subject to a special audit of the books and accounts of the Lubbock Bus Co. Inc.,
being made by the City of Lubbock.
55-14-241-505Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and
Commissioners Baker and Forrest voting Yea, none voting Nay, to authorize settlement of the suit -Cause
No. 24,586 in 99th District Court, Lubbock County - John W. Payne and Dora Payne - for a total amount
of $550.00. Full release to be secured.
55-14-241-506Motion by Commissioner Forrest, seconded by Commissioner Baker, motion carried, Mayor Tripp and
Commissioners Baker and Forrest voting Yea, none voting Nay, Ordinance No. 1754 was passed on final
reading.
ORDINANCE NO. 1754
AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE CONPAN Y AGREE
THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND riAI,NTAIN ITS POLES, WIRES, ANCHORS, CABLES,
MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION k,vD AP: URTEI 9 CAS ALONG, ACROSS, ON, OVE.., THROUGH,
ABOVE AND UNDER ALL PUBLIC -STREETS., AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER
REGULATIONS AND RESTRICTIONS, AND THAT THE CITY SHALL RECEIVE ANNUAL PAYMTT AND THE RIGGI T TO USE
CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED.
NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED
READ AND APPROVED THIS THE 22nd DAY OF September , 1955.
f
Lav is Lowe, CiAre ary- reasurer