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HomeMy WebLinkAboutResolution - 012364D - Supplemental Contract - Canadian River Municipal Water Authority - Treatment Sys - 01_23_1964 FOS djl • RESOLUTION 0 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMEN TAL CONTRACT DATED JANUARY 23, 1964 BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY AND THE CITY OF LUBBOCK. WHEREAS, it appears that the attached Supplemental Contract dated January 23, 1964 is a supplement to the Contract entered into between the Canadian River Municipal Water Authority and the City of Lubbock dated January 9, 1961, and, WHEREAS, it appears that the Supplemental Contract as above described is designed to permit maximum utiliz'atidn of water storage facilities and to permit versatility in operation of its proposed water treatment system; and, WHEREAS, it appears that it is to the public interest that such agreement be entered into; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor be and is hereby authorized and directed to execute the attached Supplemental Contract for and on behalf of the. City of Lubbock, Texas and that such execution be attested by the City Secretary. Passed by the City Council this 23rd day of January , 1964. JA K F. TRONG, Mayor F ved ATTEST: City Attorney r LavenjA Lowe, City ecretark-Treasurer I1 lanuary set 1964 Bureau of Reclamation ion 5 Canadian Fiver Project P.Q. Box 2602 Grillo, Texas Att+entiont Mr. C.d. Cranes, Project Omstruction Engineer Dear Mr. CraAs: In accordance with your letter of Anuary He M40 there to enaUsead herewith give copes of 4 supplement*1 contract between they Ca:ndiatn Eiger *odc#pal 'Water Autb*rity axed the City of Lubbock. There is also enclosed herewith five certified eoie:s of tbo resolution asuthoriasino the F4yor to execute said o:, .#,raot. ,ern oxecutice of these contracts by your office we would awrociat* your sending us two copies for City of Lubbock files r As to tbA last paerwraph of your letter recuestim resolutlam IrAlcatingr that the provisions of this contr t are acceptable to thee ,*tbor meaer cities to be serwl with troateed water from the Lubbock Treatment System, this ,gill teete sae time 4nd you will receives $#Ad "solution at a later date. Fours very tautly, (Mrs') Latverlia Lowe City Secretary—Treasurer LL:ls CMC* Mr. John Kickorson City F gineer City of Lubbock, Tams -'? UNITED STATES ;': DEPARTMENT OF THE INTERIOR y BUREAU OF RECLAMATION REGION 5 IN REPLY CANADIAN RIVER PROJECT .REFER TO: P.O. BOX 2602 AMARILLO, TEXAS January 21 , 1964 Mr. John Hickerson Director of Public Works City of Lubbock City Hall Lubbock, Texas Dear Mr. .Hickerson: Enclosed for your review and execution by the City of Lubbock are five copies of a supplemental contract between the Canadian River Municipal Water Authority and the City of Lubbock. This supplemental contract covers the operation of the Lubbock Water Treatment Plant and modifies the supplemental contract enclosed in my letter of January 10, 1964. Please destroy the five copies of the original supplemental contract. Please have all five copies of this contract executed and furnish certified copies of a resolution authorizing such execution by the City of Lubbock. Return all copies of the contract and attachments to this office for execution by the Canadian River Municipal Water Authority and approval by the United States. One executed copy and as many conformed copies as you desire will be returned for your records. It is also requested you furnish this office with resolutions indicating that the provisions of this contract are acceptable to the other member cities to be served with treated water from the Lubbock Treatment System. Very truly yours , Lv t Project Construction ngineer Enclosures e r SUPPLEMENTAL CONTRACT Between the CANADIAN RIVER MUNICIPAL WATER AUTHORITY and the CITY OF LUBBOCK, TEXAS relating to the PROPOSED CITY OF LUBBOCK WATER TREATMENT SYSTEM A^ THIS SUPPLEMENTAL CONTRACT made and entered into this, the 23rd day of January , lg 64 , between the CANADIAN RIVER IMICIPAL WATER AUTHORITY, herein styled the "Authority", duly created and existing under the laws of the State of Texas, and the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "Lubbock", member city of Authority, being a municipal corporation of the State of Texas acting under authority of laws of the State of Texas and its Home Rule Charter; WITNESSETH THAT: WHEREAS, Authority and Lubbock have entered into a contract dated January 8, 1961, for providing Lubbock a water supply from the Canadian River Project, Texas, hereinafter referred to as "Project"; and, j WHEREAS, similar contracts have been entered into between the Authority and six other member cities of the Authority, being the cities I of Levelland, Brownfield, O'Donnell, Slaton, Tahoka, and Lamesa, Texas, +, hereinafter referred to as the "other member cities"; and, . WHEREAS, Lubbock proposes the construction of a Water Treatment System of such nature and capacity as will provide treatment of all Project water to be provided for Lubbock and the other member cities within the limits established for each such city in the aforementioned water contracts between them and Authority; and, WHEREAS, Lubbock proposes to take delivery of Project water through a control valve at each Lubbock Turnout Structure by remote manual control of valve opening at the proposed Lubbock Treatment Plant to permit maximum utilization,of City storage facilities and to permit versatility in operation depending on the demand and future city growth. NOW, THEREFORE, the parties hereto, for and in consideration of the undertakings assumed by each as hereinafter set forth, do hereby agree and bind themselves as follows; I Contract Conditioned Upon Treatment System Agreement - Termination 1. This contract shall be in effect only in the event that Lubbock does, under appropriate contractual arrangements, assume responsibility for the treatment of Project water to be delivered to Lubbock and the other member cities. Lubbock may terminate this contract at any time by making arrangements acceptable to the Authority and to the United States whereby Lubbock and each of the other member cities may enjoy the uninterrupted transportation of water through the Project aqueduct system. Deliveries 2. Upon completion of the Lubbock Treatment System, •Lubbock ' and the other member cities shall take deliveries of their share of I untreated Project water at the inlet meter for the Lubbock Treatment System. It shall be the responsibility of Lubbock to schedule the delivery of treated water at the outlet works of the Lubbock Treatidbnt System in a manner acceptable to Authority and the other member cities, - and to regulate the Lubbock Turnout Structure Valves in a manner acceptable to the Authority. Liability 3. Authority shall not be liable for any of the following: a. Impeded or interrupted deliveries of water due to malfunction, mode of operation, or other causes related to the Lubbock Treatment System. b. The sufficiency or quality of treated water or for any contamination while such water is in the Project aqueduct system between the Lubbock Treatment System and the other member cities. c. The return to the Project aqueduct system from the Lubbock Treatment System of any amount of water which is less than that delivered for the account of Lubbock and the other member cities at the Lubbock Treatment System inlet meter. d. The costs of treatment of water lost from the aqueduct system between the Lubbock Treatment System and cities' meters, at which point responsibility for control of the water is in the receiving city. 2 t t i Treatment Costs ! 4. Lubbock shall make all appropriate arrangements with the j other member cities for the costs of treatment of their Project water j and the operation and maintenance of the Lubbock Treatment System, the Authority to have no responsibility of any nature in this regard. Metering 5. Lubbock shall provide acceptable metering equipment at the outlet point connecting the Lubbock Treatment System with the Project aqueduct system for reinjection of treated water and shall be responsible for the care, operation, and maintenance thereof. Title to the outlet meter shall be in the Authority. If either the inlet or outlet meter is found to be inaccurate or is out of service, water deliveries shall be estimated from the best available information. The City shall promptly correct and repair the inlet and outlet meters. Conditions of Redelivery to Authority 6. Lubbock shall redeliver treated water to Project aqueduct system constructed by Authority to serve the other member cities at a hydraulic gradient elevation and location as set forth in Exhibit A, attached hereto and made a part hereof. t Authority Office Space 7. To permit the orderly and cooperative management of Project water transportation from the Lubbock Treatment System to other member cities, Lubbock will provide a minimum of 224 square feet of office space in an appropriate area of the Lubbock Treatment System, and will provide all necessary utilities and maintenance services required for the proper and convenient utilization of that space. The Authority will pay $600.00 per year for the space provided, which amount, at the option of Lubbock, may be credited on any current operation, maintenance, and replacement assessment payable by Lubbock to the Authority. Lubbock or the Authority may terminate use of the space covered by this article at any time upon 365 days' written notice to the other party. Such termination shall have no effect upon any of the remaining .provisions of this contract. Monitoring Control Cubicle 8. Lubbock agrees to provide space for and monitor .the Authority's Control Cubicle and to communicate operational data to the Authority as required by the Authority. 3 t t i Treatment Costs ! 4. Lubbock shall make all appropriate arrangements with the j other member cities for the costs of treatment of their Project water j and the operation and maintenance of the Lubbock Treatment System, the Authority to have no responsibility of any nature in this regard. Metering 5. Lubbock shall provide acceptable metering equipment at the outlet point connecting the Lubbock Treatment System with the Project aqueduct system for reinjection of treated water and shall be responsible for the care, operation, and maintenance thereof. Title to the outlet meter shall be in the Authority. If either the inlet or outlet meter is found to be inaccurate or is out of service, water deliveries shall be estimated from the best available information. The City shall promptly correct and repair the inlet and outlet meters. Conditions of Redelivery to Authority 6. Lubbock shall redeliver treated water to Project aqueduct system constructed by Authority to serve the other member cities at a hydraulic gradient elevation and location as set forth in Exhibit A, attached hereto and made a part hereof. t Authority Office Space 7. To permit the orderly and cooperative management of Project water transportation from the Lubbock Treatment System to other member cities, Lubbock will provide a minimum of 224 square feet of office space in an appropriate area of the Lubbock Treatment System, and will provide all necessary utilities and maintenance services required for the proper and convenient utilization of that space. The Authority will pay $600.00 per year for the space provided, which amount, at the option of Lubbock, may be credited on any current operation, maintenance, and replacement assessment payable by Lubbock to the Authority. Lubbock or the Authority may terminate use of the space covered by this article at any time upon 365 days' written notice to the other party. Such termination shall have no effect upon any of the remaining .provisions of this contract. Monitoring Control Cubicle 8. Lubbock agrees to provide space for and monitor .the Authority's Control Cubicle and to communicate operational data to the Authority as required by the Authority. 3 Approval 9. This contract shall not be binding until approved as acceptable to the United States of America, represented by the Contracting Officer for the Canadian River Project, Texas, and by appropriate'action of the governing bodies of the other member cities to be served with treated water from the Lubbock Treatment System. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this supplemental contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written. CANADIAN RIVER MUNICIPAL WATER AUTHORITY ATTEST: BY President Secretary CITY O L BOCK, TEXAS ATTEST* •' �- BY clky Secretary T e L J Approved as to Form: City Attorney I i - 4 I IP i 1 I N.G. F_/cV 2G5.4 J Ilk I /�� 7 F_ TEl7 r/G'V. v''2�i6.= of 1 O -.0n.'�e9, wWl I 1 i 1� Q I ( I ZelaaoCK 7-NE1!TMENT FLANT FAC/L/T/c5' 14A/N APOL- lICT, sf_ -- --� - - - - REGULATING I RESERf/O/R I SOUM/1•.If-.S T r I ` AQv-ouCT-- v::rrJ -. DF.P..1.7t.' T Ci' T'�- J..- d wort f U'7 L 1.U OF I Lubbock MAIN A()Y;l V I&l'f,i Munici/oa1 STA. 8090f00 TO 57A.A �f1�/C.�� /dirt./e�U SCNEMAT/C-f�LA.• /Ihr7_ F-rG/ . _ FX/—] l R/T ,1 „ DRAWN_ •/'VS ___5UilMIT LJ) . .r __- - Alot 7o Scal I CHECKf: /.('! r'l'Ji VCC'!