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HomeMy WebLinkAboutMinutes - City Council - Regular - 12/7/1961136 EC 7 asp December 7, 1961 Lubbock, Texas RECESSED REGULAR MEETING: The City Commission of the City of Lubbock, Texas, met at 11:00 o'clock a.m. in recessed regular session recessed from Regular Meeting, November 21, 1961, in the regular meeting place at 503 Avenue K, the following members thereof, being present, to -wit: M,pyor David C. Casey, and Commissioners W. C. O'Mara, Otis Maner, and Frank H. Chappell, Jr., City Attorney,Fred 0. Senter, Jr., City Manager H. P. Clifton, Assistant City Manager Fritz Lanham, City Secretary -Treasurer Lavenia Lowe. Absent: Vernon E. Thompson 61-20-436-1131 Motion by Commissioner Maner, seconded by Commissioner Chappell, motion carried, Mayor Casey and Commissioners Maner, O'Mara and Chappell voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City of Lubbock acting by and through its Mayor who was duly authorized by the qualified electors of the City of Lubbock at a special election, executed for and on behalf of the City of Lubbock a contract with the Canadian River Municipal Water Authority for a water supply for said city all as authorized by Article 1109 E R.C. S., 1925, and WHEREAS, the contract as finally executed between the City of Lubbock and the Canadian River Munici- pal Water Authority does not provide for the deliver of treated water to the City of Lubbock as well as the cities of Brownfield, Lamesa, Levelland, O'Donnell, Slaton and Tahoka, Texas, and WHEREAS, it is necessary that suitable water be made available to the inhabitants of the City of Lubbock for their use and enjoyment, and WHEREAS, the City of Lubbock has proposed to construct, operate, and maintain a single water treat- ment plant to treat all the Canadian River Water to be received by the cities of Lubbock, Brown- field, Lamesa, Levelland, O'Donnell, Slaton and Tahoka, Texas which would materially reduce the unit cost of treating said water for the City of Lubbock as well as each of said cities herein named, and WHEREAS, after careful consideration and study the City Commission of the City of Lubbock finds that it will be to the best interest of the City of Lubbock to receive untreated water from the Canadian River Muni:ipal Water Authority transmission lines, treat same, then re -inject the treated water into the Authority's transmission lines for delivery to said six cities in those quantities to which each city is entitled under their respective contracts with the Authority at a determined rate for each of said cities to pay for such services, and WHEREAS, it has been f urhter determined that .# is for the best interest of the citizens of Lubbock as well as the citizens of said six cities that the rate contract for treating said water be agreed upon in writing, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the City of Lubbock enter into the attached contract (being the same contract in form with each city first herein named) and that the Mayor of the City of Lubbock be and he is hereby authorized and directed to execute such contract for and on behalf of the City of Lubbock with each of said cities and that the same be attetsted by the City Secretary and as evidence therof the seal of the City of Lubbock shall be affixed thereto. Passed by the City Commission this 7th day of December, 1961. Zin"fi-L-12. DAVID C. CASEY, Mayor ATTEST: Lave a Lowe Cify Sec r tary-Treasurer WATER TREATMENT CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK WHEREAS, the undersigned parties to this Water Treatment Contract are among those Texas Municipalities which hive heretofore validly become participating members of Canadian River Municipal Water Authority hereinafter called "Authority"; and, WHEREAS, it is now planned that untreated water will be delivered from the Authority reservoir to be constructed near the City of Sanford, Texas, on the Canadian River to each of the cities hereinafter mentioned which are members of said Authority and necessitates that each City contemplate providing means of treating its own water; and, WHEREAS, engineering studies and surveys have revealed that the construction, operation and main- tenance of one single treatment plant to treat all the Canadian River waters to be received by the Cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, would materially reduce the unit costs of treating said water for each of said cities; and, WHEREAS, the City of Lubbock lies near the proposed aqueduct throught which the Authority has con- tracted to deliver water to said cities and has expressed its willingness to undertake the construction of a water treatment plant which can serve the water treatment needs of said City of Lubbock and the several other cities hereinabove mentioned subject only to the conditions hereinafter appearing; and, WHEREAS, the City of Lubbock has heretofore proposed to each of said cities that said City of Lubbock construct the water treatment plant of sufficient size to treat the water for all of said cities, with an estAblished rate for each of the cities to pay to defray the additional costs involved, as hereinafter more fully and particularly described; NOW THEREFORE: it WITNESSETH• THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting by and through its Mayor as heretofore duly authorized by Resolution of its City Commission, hereinafter caller "LUBBOCK" and the City of , a municipal corpora tion of County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of the City hereinafter called " "., have this day wade and entered Into the following memorandum and agreement, to -wit: THAT for and in consideration of the promises and obligations herein undertaken by , the City of LUBBOCK has agreed and does agree to construct, operate, maintain and repair a water treatment plant of sufficient size and classification totreat the water which the cities of Levelland, Brown- field, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municip, Authority, such treatment plant to be completely constructed and in operating condition by the time the first waters are na de available to the undersigned cities from said Authority. THAT the obligation undertaken by the City of Lubbock in the preceeding paragraph is entirely contingen upon the abilities of said City of Lubbock to negotiate and obtain exectuion of contracts essentially identical to this instrument with each of the Cities of Brownfield, Lamesa, Levelland, O'Donnell, Slaton and Tahoka, for the treatment of all Authority water to be received by each of said Cities. THAT upon the execution of all of said contracts and the construction of said water treatment plant, the City of LUBBOCK will, for said contracting cities, then treat all or any part of the water to which they respectively shall be entitled to under their contract with the Canadian River Municipal Authority IV. THAT the undersigned City of will pay for said water treatment service at the following rate: A. FIXED CHARGES. Fixed Charges shall include all amounts of every nature to which the City of LUBBOC may become obligated to pay annually in connection with the planning, acquisition of lands and construe tion of the water treatment plant; salaries of operating personnel; and expenses of repairs, maintenanc, and operation of the plant, At the end of the first month in which the City of Lubbock shall become obligated to expend money in payment of sums due by it for items included in the aforementioned defini- tion of "Fixed Charges" the City of Lubbock shall prepare and mail to each contracting city billing statements reflection the amount due said City of Lubbock for that month computed upon the percentage of the total "Fixed Charges" which the respective cities shall be obligated to pay under the schedule of percentages applicable to all such cities as follows: CITY PERCENTAGE OF FIXED CHARGES TO BE PAID BY SAID CITY Lubbock 79.66 Levelland 5.98 Brownfield 4.72 Slaton 3.38 Tahoka 0.97 O'Donnell 0.59 Lamesa 4.70 TOTAL 100.00 Such monthly billing statements based on Fixed Charges shall continue in the same manner reflecting the amount due the City of Lubbock by the respective aforementioned cities throughout the term of this con- tract, and the amounts thereof shall be due and payable on or before the loth day from receipt of such billing statement, provided however, the items consisting of acquisition of lands and construction of the water treatment plant comprising a part of Fixed Charges as hereinabove defined may at option of City of be paid in monthly installments over the first twenty years from the beginning of this contract. The percentages rellecten by the foregoing table represent the proportion that the amount of water contracted from the Canadian River Authority by each city named herein bears to the total amount contracted by all cities participating herein. B. CHEMICAL & ENERGY COSTS. Chemical Costs shall include only the costs of Chemicals actually used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generate. forms of energy actually used in and necessitated by the treatment process, and including the costs of reinjection of the treated water back into the Authority distribution lines and the costs of the power or energy necessary to pump or pressure said treated water into the regular Authority pumping stations. Each City would lay the Chemical & Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceeding month as metered to it by the Canadian River Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceeding month, as the amount of water treated for the City involved bears to the amount of water treated for all of said cities during the same period. C. THE City of Lubbock would pay Fixed C1a rges and Chemicla & Energy Costs according to the same formu las provided above for other cities using such treatment service. D. THE City of Lub}n ck shall be entitled to a penalty of ten per centum (10%) of the amount of all payments not made to it by the 20th day of the month when due plus interest at the rate of six per centum (6%) per annum for all delinquent accounts from the date of delinquincy to date of payment. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and plant to be constructe; in Lubbock County, Texas, within or near the City limits of said City of Lubbock, and the treated water shall be construed as delivered to said cities when re -injected under pressure by the City of Lubbock into the distribution lines of the Authority at the nearest point to said treatment plant 38 VI. THAT the original plant, any additions thereto, including all imfrovements used in connection therewith and all appurtenances thereof, would be, and at all times remain, the sole property of the City of Lubbock. VIi. FAILURE or inability of either party to this agreement to perform or carry out in whole or in part its obligations under this agreement as herein provided as a result of "Force Majeure", then if such party shall'give notice==&full particulars in writing setting forth such, reason to the other party after the occurrence of the event 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 such party shall endeavor to overcome such inability with all reasonable dispatch, or if such failure or inability of either party to perform or carry out in whole or in part its obligations under this agreement by reason of any court action or order restraining such performance or clearly establishing the lack of power or authority of either party to perform such obligations shall never under any circumstances be so construed as to have rise to a cause of action for damage by either party against the non -performing party. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lock outs or other industrial disturbances, acts of public enemy, orders or actions of any kind of the government of the United States or of the State of Texas, or any civil or military authority, insurrections, riots, epidemics, lightening, fires, winds, storms, floods, washouts, arrests, restraints of government and people, droughts, civil disturbances, explosions, breakage or accidents to dams, machinery, pipelines, or canals, or structures or machinery, partial or entire failure of water supply and inability on the part of the City of Lubbock to treat water hereunder or any City of receive water on account of any cause not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lock outs shall be entirely within the discretion of the party having difficulty, and that the above requirement and any "Force Majeure" shall be remedied with all resonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. No damage shall be recoverable from the City of Lubbock by reason of the suspension of the treatment of water due to any of the causes abovementioned. VIll. SHOULD it prove, as is now anticipated, necessary to finance construction of the above described water treatment plant by way of a municipal tax bond issue of the City of Lubbock, and should for any rea- son the City of Lubbock be unable to obrain approval of its voters or any public or governmental officials, office or agency from which approval is required prior to the valid issuance of said bonds, for such plans to construct a plant of sufficient size to treat all water allocated to the Cities of Lubbock, Brownfield, Lamesa, Levelland, O'Donnell, Slaton and Tahoka, then failure or inability of the City of Lubbock to construct a plant of sufficient size to treat all of the Canadian Project waters for all of such cities, shall never in any way be so construed as giving rise to a cause of action, for damages or otherwise, against the City of Lubbock. IX. THIS contract shall become operative and binding on the parties hereto from and after the first day on which the City of Lubbock makes any expenditures constituting a Fixed Charge as hereinabove defined and continued for a term ending 50 years from the beginning of the delivery of water to the participating city from the treatment plant. CITY OF LUBBOCK, TEXAS ATTEST: Lavaia Lowe, City Secretary -Treasurer By: DAVID C. CASEY, Mayor NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COMMISSION ADJOURNED FROM RECESSED REGULAR MEETING, DECEMBER 7, 1961. READ AND APPROVED THIS DAY OF , ATTEST: Lavenia Lowe, City Secretary -Treasurer David C. Casey, Mayor Ll P_ L_