Loading...
HomeMy WebLinkAboutResolution - 3313 - Amended Contract - 6 Downstream Cities - CRMWA Water Treatment Cost Sharing - 02_22_1990Resolution #3313- February 22, 1990 Item 32 JWF : j s RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an amended Contract to be entered into by and between the City of Lubbock and each of the six participating Cities of Levelland, Brownfield, O'Donnell, Slaton, Tahoka, and Lamesa related to the share of the six said participating Cities of Canadian River Municipal Water Authority water treatment costs and capital improvements, said amended Contracts with said six participating Cities to be attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd ATTEST: ttelBoyd, City Secre APPR ED AS TO CONTENT: D n A. Hawkins, Director of Water U ilities APPROVED AS TO FORM: r � J. th Fullingim, Assistant City Attorney day of February , 1990. B. C. McMI , MA OR Resolution #3313 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 have heretofore validly become participating members of Canadian River Municipal Water Authority, hereinafter called "Authority"; and WHEREAS, untreated water is delivered from the Authority reservoir near the City of Sanford, Texas, on the Canadian River to the Lubbock Water Treatment Plant for treatment in conformity with Federal and State regulations; and WHEREAS, engineering studies and surveys have revealed that the operation and maintenance 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 has expressed its willingness to undertake the operation and maintenance of the Lubbock Water Treatment Plant to 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 constructed the Water Treatment Plant with sufficient size to treat up to 61.4 million gallons of water per day; and 0 WHEREAS, the City of Lubbock is required by the Safe Drinking Water Act to treat water in accordance with Environmental Protection Agency water quality regulations; and WHEREAS, the undersigned parties to this Water Treatment Contract have recognized the need to amend and update their original contract to clarify their current relationship; NOW THEREFORE: WITNESSETH: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of its City Council, hereinafter called "LUBBOCK" and the City of Levelland , a municipal corporation of Hockley County, Texas, acting herein by and through its Mayor as heretofore duly authorized ..by its City.. Council, _ hereinaf ter is Levelland it, have this day made and entered into the following memorandum and agreement, to -wit: I. THAT for and in consideration of the promises and obligations herein undertaken by Levelland , the City of Lubbock has agreed and does agree to operate, maintain, and repair a water treatment plant of sufficient size and classification to treat the water which the cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municipal Authority. The amounts presented in the following table - 2 - represent the flow rates available to each of the said cities from the Authority and the Lubbock Water Treatment Plant. These flow rates are based on a one hundred percent Authority allocation of 103,000 acre feet of water per year. The calcula- tions are summarized in ATTACHMENT "A". Annual Daily Average Flow* City (Million Gallons Per Day) Lubbock 52.697 Levelland 2.565 Brownfield 2.021 Slaton 1.434 Tahoka 0.423 O'Donnell 0.256 Lamesa 2.004 TOTAL 61.400 * Annual Flow divided by 365 days In the event the Authority increases the maximum amount of water available above the current 103,000 acre feet per year and/or any of the said member cities negotiates an allocation transfer from another member city, the flow rates presented above shall remain in effect until this agreement is superceded or modified by mutual agreement between the City of Lubbock and each of the said member cities. - 3 - II. THAT the obligation undertaken by the City of Lubbock in the preceding paragraph is entirely contingent upon the abilities of said City of Lubbock to negotiate and obtain execution 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, 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 up to the flow rates presented in the above table. IV. THAT the undersigned City of LeMe]>and will pay for said water treatment service based upon its percent participation in the Lubbock Water Treatment Plant as follows: A. MAINTENANCE, OPERATION, AND REPLACEMENT COSTS. Maintenance, operation, and Replacement Costs shall include those fixed and variable costs directly attributable to and benefitting the Water Treatment Plant in order to ensure adequate treatment of water provided by the Authority. This category shall include all costs of administration, laboratory services, operation, maintenance, repair, replacement, and rehabilitation of any - 4 - feature of the Water Treatment Plant and its appurtenances required by the mandates of State, Federal, or other present and future regulatory agencies and generally accepted surface water, treatment plant operating practices. The percentages reflected by the following table represent the proportion of the amount of water contracted from the Canadian River Authority by each city named herein. These percentages shall be used to calculate the proportion of Maintenance, Operation, and Replacement Costs to be paid monthly by each participating city hereinabove mentioned. PERCENTAGES OF MO&R COSTS TO CITY 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% B. PERMANENT CAPITAL IMPROVEMENTS. Permanent Capital Improvements shall include those costs separate from the City of Lubbock's normal operating budget which are required to maintain the structural and operational integrity of the Water Treatment Plant and those costs incurred as the result of changes in laws, rules, regulations, or other required mandates of State, Federal, or other future regulatory agencies. The costs of Permanent - 5 - Capital Improvements shall be shared by all cities mentioned hereinabove according to the same percentages listed in paragraph f:V C. CHEMICAL & ENERGY COSTS. Chemical Cost shall include only the costs of chemicals used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generated forms of energy actually used in and necessitated by all operations of the treatment facility to treat water, and including any cost of reinjection of the treated water back into the Authority distribution lines. The costs associated with operating, maintaining, and/or improving equipment, structures, and other appurtenances constructed for solely for the benefit of the City of Lubbock shall not be included in calculating these costs for the cities mentioned hereinabove. Each City will pay the Chemical and Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceding month as metered to it by the Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceding year, 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. D. RESERVE FUND. A special reserve fund account shall be established by the City of Lubbock to provide contingency funds for unanticipated and/or unbudgeted capital expenditures. This fund shall be used solely for the purpose of maintaining, restoring, and/or improving the water treatment plant and its appurtenances. A two percent (2%) surcharge shall be assessed to each city's monthly billing for water treatment and, upon receipt, the surcharge funds shall be placed in the reserve fund by the City of Lubbock. Interest and/or investment income earned by the reserve fund shall become part of the reserve fund. Reserve fund balances, expenditures, and earnings will be reported to each city annually. There shall be no maximum limit on the balance of the reserve fund. E. ANNUAL COST ADJUSTMENT. The Maintenance, Operation & Replacement and Chemical & Energy Costs shall be adjusted annually at the end of the City of Lubbock's budgetary fiscal year to reflect the actual costs incurred by the City of Lubbock during its fiscal year. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are greater than the amount paid by any city hereinabove mentioned, said city shall pay the City of Lubbock the amount of the difference of actual costs incurred minus the amount paid by said city. A two percent (2%) surcharge for the reserve fund shall be assessed to any amount to be paid by said city. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are less than the amount paid by any of the hereinabove mention cities, the City of Lubbock shall reimburse said city the amount of overpayment except that surcharges assessed during the year will not be reimbursed and will remain in the reserve fund. - 7 - F. The City of Lubbock shall bill each said city for water treatment on a monthly basis based upon the amount of water delivered to each city by the Canadian River Municipal Water Authority. The monthly billing amount shall be calculated as the amount in thousand gallons delivered to each individual city times the cost for Maintenance, Operation & Replacement and Chemical & Energy as calculated in the most recent annual cost adjustment. In addition, a two percent (2%) reserve fund surcharge shall be added to each monthly billing amount. G. . The City of Lubbock shall be entitled to interest at a rate equal to the thirty (30) day Treasury Bill rate in effect during the period of delinquency. In the event an account is delinquent for more than one thirty (30) day Treasury Bill period, the interest rate in any given period shall be equal to that of the thirty (30) day Treasury Bill rate in effect for the same period. Accounts shall become delinquent if not paid within thirty (30) days from date of invoice. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and the treated water shall be construed as delivered to said cities when reinjected by the City of Lubbock into the distribution lines of the Authority at the said treatment plant as allowed by the Authority. &a THAT the original plant, any additions thereto, including all improvements used in connection therewith and all appurtenances thereof, are, 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 and 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 give 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, lockouts 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, insurrec- tions, 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 to 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 lockouts 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 reasonable 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 above -mentioned. VIII. THAT this agreement shall remain in effect for a period of thirty (30) years from date of execution. This contract shall not invalidate any of the hereinabove mentioned cities' right to receive water under the terms of their contract with the Authority. - 10 - IX. THAT this agreement supercedes and takes the place of prior agreements between the parties (which may have been executed) regarding the subject matter covered by this agreement. EXECUTED as of the 22nd day of February 1990 A. J, y "?,00 cat n- C. McMINN, MAYOR ATTEST: Ran to Boyd, City S c tary P ED AS TO CONTENT: f n A. Hawkins, Director of Water ilities APPROVED AS TO FORM: ' C�a A14;1t10(- J. W rth Fullingim, Assista City `t � rney CITY OF Levelland TEXAS BY: ny Viflmon ATTEST: /� 7i , 1 y _ t City Secretary or Clerk Chris Waldo ATTACHMENT "A" 100a CRMWA Allocation = 103,000 acre ft. Maximum Percent 100 o Allocation Total Gallons Flow City Participation (Acre ft.) ( X 1000) Rate (MGD) Lubbock 37.058 38,169.74 12,437,648 34.076 Terminal Storage Reserve 18.621 Levelland 2.790 2,873.70 936,398 2.565 Brownfield 2.198 2,263.94 737,707 2.021 Slaton 1.576 1,606.80 523,577 1.434 Tahoka 0.460 473.80 154,388 0.423 O'Donnell 0.278 286.34 93,304 0.256 Lamesa 2.179 2,244.37 731,330 2.004 TOTALS 47,918.69 15,614,352 61.400 FORMULAS: 103,000 acre feet x percent allocation x percent participation = acre ft. acre ft. for city x 325,851 = gallons (gallons _ 1000) _ 365 = maximum flow rate in million gallons per day f Resolution #3313 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 have heretofore validly become participating members of Canadian River Municipal Water Authority, hereinafter called "Authority"; and WHEREAS, untreated water is delivered from the Authority reservoir near the City of Sanford, Texas, on the Canadian River to the Lubbock Water Treatment Plant for treatment in conformity with Federal and State regulations; and WHEREAS, engineering studies and surveys have revealed that the operation and maintenance 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 has expressed its willingness to undertake the operation and maintenance of the Lubbock Water Treatment Plant to 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 constructed the Water Treatment Plant with sufficient size to treat up to 61.4 million gallons of water per day; and WHEREAS, the City of Lubbock is required by the Safe Drinking Water Act to treat water in accordance with Environmental Protection Agency water quality regulations; and WHEREAS, the undersigned parties to this Water Treatment Contract have recognized the need to amend and update their original contract to clarify their current relationship; NOW THEREFORE: WITNESSETH: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of its City Council, hereinafter called "LUBBOCK" and the City of Brownfield a municipal corporation of Terry County, Texas, acting herein by and through its Mayor as heretofore duly authorized Resolution of its City, hereinafter called to City of Brownfield ", have this day made and entered into the following memorandum and agreement, to -wit: I. THAT for and in consideration of the promises and obligations herein undertaken by resolution , the City of Lubbock has agreed and does agree to operate, maintain, and repair a water treatment plant of sufficient size and classification to treat the water which the cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municipal Authority. The amounts presented in the following table - 2 - represent the flow rates available to each of the said cities from the Authority and the Lubbock Water Treatment Plant. These flow rates are based on a one hundred percent Authority allocation of 103,000 acre feet of water per year. The calcula- tions are summarized in ATTACHMENT "A". Annual Daily Average Flow* City (Million Gallons Per Day) Lubbock 52.697 Levelland 2.565 Brownfield 2.021 Slaton 1.434 Tahoka 0.423 O'Donnell 0.256 Lamesa 2.004 TOTAL 61.400 * Annual Flow divided by 365 days In the event the Authority increases the maximum amount of water available above the current 103,000 acre feet per year and/or any of the said member cities negotiates an allocation transfer from another member city, the flow rates presented above shall remain in effect until this agreement is superceded or modified by mutual agreement between the City of Lubbock and each of the said member cities. - 3 - 93 II. THAT the obligation undertaken by the City of Lubbock in the preceding paragraph is entirely contingent upon the abilities of said City of Lubbock to negotiate and obtain execution 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, 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 up to the flow rates presented in the above table. IV. THAT the undersigned City of Brownfield will pay for said water treatment service based upon its percent participation in the Lubbock Water Treatment Plant as follows: A. MAINTENANCE, OPERATION, AND REPLACEMENT COSTS. Maintenance, Operation, and Replacement Costs shall include those fixed and variable costs directly attributable to and benefitting the Water Treatment Plant in order to ensure adequate treatment of water provided by the Authority. This category shall include all costs of administration, laboratory services, operation, maintenance, repair, replacement, and rehabilitation of any - 4 - feature of the Water Treatment Plant and its appurtenances required by the mandates of State, Federal, or other present and future regulatory agencies and generally accepted surface water treatment plant operating practices. The percentages reflected by the following table represent the proportion of the amount of water contracted from the Canadian River Authority by each city named herein. These percentages shall be used to calculate the proportion of Maintenance, Operation, and Replacement Costs to be paid monthly by each participating city hereinabove mentioned. PERCENTAGES OF MO&R COSTS TO CITY 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% B. PERMANENT CAPITAL IMPROVEMENTS. Permanent Capital Improvements shall include those costs separate from the City of Lubbock's normal operating budget which are required to maintain the structural and operational integrity of the Water Treatment Plant and those costs incurred as the result of changes in laws, rules, regulations, or other required mandates of State, Federal, or other future regulatory agencies. The costs of Permanent - 5 - a, Capital Improvements shall be shared by all cities mentioned hereinabove according to the same percentages listed in paragraph A. C. CHEMICAL & ENERGY COSTS. Chemical Cost shall include only the costs of chemicals used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generated forms of energy actually used in and necessitated by all operations of the treatment facility to treat water, and including any cost of reinjection of the treated water back into the Authority distribution lines. The costs associated with operating, maintaining, and/or improving equipment, structures, and other appurtenances constructed for solely for the benefit of the City of Lubbock shall not be included in calculating these costs for the cities mentioned hereinabove. Each City will pay the Chemical and Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceding month as metered to it by the Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceding year, 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. D. RESERVE FUND. A special reserve fund account shall be established by the City of Lubbock to provide contingency funds for unanticipated and/or unbudgeted capital expenditures. This fund shall be used solely for the purpose of maintaining, restoring, and/or improving the water treatment plant and its appurtenances. A two percent (2%) surcharge shall be assessed to each city's monthly billing for water treatment and, upon receipt, the surcharge funds shall be placed in the reserve fund by the City of Lubbock. Interest and/or investment income earned by the reserve fund shall become part of the reserve fund. Reserve fund balances, expenditures, and earnings will be reported to each city annually. There shall be no maximum limit on the balance of the reserve fund. E. ANNUAL COST ADJUSTMENT. The Maintenance, Operation & Replacement and Chemical & Energy Costs shall be adjusted annually at the end of the City of Lubbock's budgetary fiscal year to reflect the actual costs incurred by the City of Lubbock during its fiscal year. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are greater than the amount paid by any city hereinabove mentioned, said city shall pay the City of Lubbock the amount of the difference of actual costs incurred minus the amount paid by said city. A two percent (2%) surcharge for the reserve fund shall be assessed to any amount to be paid by said city. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are less than the amount paid by any of the hereinabove mention cities, the City of Lubbock shall reimburse said city the amount of overpayment except that surcharges assessed during the year will not be reimbursed and will remain in the reserve fund. - 7 - F. The City of Lubbock shall bill each said city for water treatment on a monthly basis based upon the amount of water delivered to each city by the Canadian River Municipal Water Authority. The monthly billing amount shall be calculated as the amount in thousand gallons delivered to each individual city times the cost for Maintenance, Operation & Replacement and Chemical & Energy as calculated in the most recent annual cost adjustment. In addition, a two percent (2a) reserve fund surcharge shall be added to each monthly billing amount. G. The City of Lubbock shall be entitled to interest at a rate equal to the thirty (30) day Treasury Bill rate in effect during the period of delinquency. In the event an account is delinquent for more than one thirty (30) day Treasury Bill period, the interest rate in any given period shall be equal to that of the thirty (30) day Treasury Bill rate in effect for the same period. Accounts shall become delinquent if not paid within thirty (30) days from date of invoice. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and the treated water shall be construed as delivered to said cities when reinjected by the City of Lubbock into the distribution lines of the Authority at the said treatment plant as allowed by the Authority. - 8 - VI. THAT the original plant, any additions thereto, including all improvements used in connection therewith and all appurtenances thereof, are, 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 and 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 give 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, lockouts 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, insurrec- tions, 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 to 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 lockouts 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 reasonable 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 above -mentioned. VIII. THAT this agreement shall remain in effect for a period of thirty (30) years from date of execution. This contract shall not invalidate any of the hereinabove mentioned cities' right to receive water under the terms of their contract with the Authority. - 10 - IX. THAT this agreement supercedes and takes the place of prior agreements between the parties (which may have been executed) regarding the subject matter covered by this agreement. EXECUTED as of the 18th day of January 1 19 90 at . C. MCMI N, MAYOR 2_22_90 ATTEST: Randtte Boyd, City Secretary APP D AS TO CONTENT: D A. Hawkins, Director of Water U Dr APPROVED AS TO FORM: 6 J. W rth Ful ingim, AssistaV City Att rney CITY 07,1 BROWNFtELD , TEXAS BY: C4alll'1�0 r ATTEST: Ci Secretary( ATTACHMENT "A" 100% CRMWA Allocation = 103,000 acre ft. Percent 100 % Allocation Total Gallons Cite Participation (Acre ft.) ( X 1000) Lubbock 37.058 38,169.74 12,437,648 Terminal Storage Reserve Levelland 2.790 2,873.70 936,398 Brownfield 2.198 2,263.94 737,707 Slaton 1.576 1,606.80 523,577 Tahoka 0.460 473.80 154,388 O'Donnell 0.278 286.34 93,304 Lamesa 2.179 2,244.37 731,330 TOTALS 47,918.69 15,614,352 Maximum Flow Rate (MGD) 34.076 18.621 2.565 2.021 1.434 0.423 0.256 2.004 61.400 FORMULAS: 103,000 acre feet x percent allocation x percent participation = acre ft. acre ft. for city x 325,851 = gallons (gallons _ 1000) :- 365 = maximum flow rate in million gallons per day l Resolution #3313 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 have heretofore validly become participating members of Canadian River Municipal Water Authority, hereinafter called "Authority"; and WHEREAS, untreated water is delivered from the Authority reservoir near the City of Sanford, Texas, on the Canadian River to the Lubbock Water Treatment Plant for treatment in conformity with Federal and State regulations; and WHEREAS, engineering studies and surveys have revealed that the operation and maintenance 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 has expressed its willingness to undertake the operation and maintenance of the Lubbock Water Treatment Plant to 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 constructed the Water Treatment Plant with sufficient size to treat up to 61.4 million gallons of water per day; and H WHEREAS, the City of Lubbock is required by the Safe Drinking Water Act to treat water in accordance with Environmental Protection Agency water quality regulations; and WHEREAS, the undersigned parties to this Water Treatment Contract have recognized the need to amend and update their original contract to clarify their current relationship; NOW WITNESSETH: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of its City Council, hereinafter called "LUBBOCK" and the City of O'Donnell , a municipal corporation of Lynn County, Texas, acting herein by and through its Mayor as heretofore duly authorized Resolution of its City, hereinafter called it O'Donnell It, have this day made and entered into the following memorandum and agreement, to -wit: I. THAT for and in consideration of the promises and obligations herein undertaken by O' Donnel 1 , the City of Lubbock has agreed and does agree to operate, maintain, and repair a water treatment plant of sufficient size and classification to treat the water which the cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municipal Authority. The amounts presented in the following table - 2 - represent the flow rates available to each of the said cities from the Authority and the Lubbock Water Treatment Plant. These flow rates are based on a one hundred percent Authority allocation of 103,000 acre feet of water per year. The calcula- tions are summarized in ATTACHMENT "A". Annual Daily Average Flow* City (Million Gallons Per Day) Lubbock 52.697 Levelland 2.565 Brownfield 2.021 Slaton 1.434 Tahoka 0.423 O'Donnell 0.256 Lamesa 2.004 TOTAL 61.400 * Annual Flow divided by 365 days In the event the Authority increases the maximum amount of water available above the current 103,000 acre feet per year and/or any of the said member cities negotiates an allocation transfer from another member city, the flow rates presented above shall remain in effect until this agreement is superceded or modified by mutual agreement between the City of Lubbock and each of the said member cities. - 3 - II. THAT the obligation undertaken by the City of Lubbock in the preceding paragraph is entirely contingent upon the abilities of said City of Lubbock to negotiate and obtain execution 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, 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 up to the flow rates presented in the above table. IV. THAT the undersigned City of 0' Donnel 1 will pay for said water treatment service based upon its percent participation in the Lubbock Water Treatment Plant as follows: A. MAINTENANCE, OPERATION, AND REPLACEMENT COSTS. Maintenance, Operation, and Replacement Costs shall include those fixed and variable costs directly attributable to and benefitting the Water Treatment Plant in order to ensure adequate treatment of water provided by the Authority. This category shall include all costs of administration, laboratory services, operation, maintenance, repair, replacement, and rehabilitation of any - 4 - feature of the Water Treatment Plant and its appurtenances required by the mandates of State, Federal, or other present and future regulatory agencies and generally accepted surface water treatment plant operating practices. The percentages reflected by the following table represent the proportion of the amount of water contracted from the Canadian River Authority by each city named herein. These percentages shall be used to calculate the proportion of Maintenance, Operation, and Replacement Costs to be paid monthly by each participating city hereinabove mentioned. PERCENTAGES OF MO&R COSTS TO CITY 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% B. PERMANENT CAPITAL IMPROVEMENTS. Permanent Capital Improvements shall include those costs separate from the City of Lubbock's normal operating budget which are required to maintain the structural and operational integrity of the Water Treatment Plant and those costs incurred as the result of changes in laws, rules, regulations, or other required mandates of State, Federal, or other future regulatory agencies. The costs of Permanent - 5 - x Capital Improvements shall be shared by all cities mentioned hereinabove according to the same percentages listed in paragraph A. C. CHEMICAL & ENERGY COSTS. Chemical Cost shall include only the costs of chemicals used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generated forms of energy actually used in and necessitated by all operations of the treatment facility to treat water, and including any cost of reinjection of the treated water back into the Authority distribution lines. The costs associated with operating, maintaining, and/or improving equipment, structures, and other appurtenances constructed for solely for the benefit of the City of Lubbock shall not be included in calculating these costs for the cities mentioned hereinabove. Each City will pay the Chemical and Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceding month as metered to it by the Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceding year, 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. D. RESERVE FUND. A special reserve fund account shall be established by the City of Lubbock to provide contingency funds for unanticipated and/or unbudgeted capital expenditures. This fund shall be used solely for the purpose of maintaining, restoring, and/or improving the water treatment plant and its appurtenances. A two percent (2%) surcharge shall be assessed to each city's monthly billing for water treatment and, upon receipt, the surcharge funds shall be placed in the reserve fund by the City of Lubbock. Interest and/or investment income earned by the reserve fund shall become part of the reserve fund. Reserve fund balances, expenditures, and earnings will be reported to each city annually. There shall be no maximum limit on the balance of the reserve fund. E. ANNUAL COST ADJUSTMENT. The Maintenance, Operation & Replacement and Chemical & Energy Costs shall be adjusted annually at the end of the City of Lubbock's budgetary fiscal year to reflect the actual costs incurred by the City of Lubbock during its fiscal year. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are greater than the amount paid by any city hereinabove mentioned, said city shall pay the City of Lubbock the amount of the difference of actual costs incurred minus the amount paid by said city. A two percent (2%) surcharge for the reserve fund shall be assessed to any amount to be paid by said city. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are less than the amount paid by any of the hereinabove mention cities, the City of Lubbock shall reimburse said city the amount of overpayment except that surcharges assessed during the year will not be reimbursed and will remain in the reserve fund. - 7 - P F. The City of Lubbock shall bill each said city for water treatment on a monthly basis based upon the amount of water delivered to each city by the Canadian River Municipal Water Authority. The monthly billing amount shall be calculated as the amount in thousand gallons delivered to each individual city times the cost for Maintenance, Operation & Replacement and Chemical & Energy as calculated in the most recent annual cost adjustment. In addition, a two percent (2%) reserve fund surcharge shall be added to each monthly billing amount. G. The City of Lubbock shall be entitled to interest at a rate equal to the thirty (30) day Treasury Bill rate in effect during the period of delinquency. In the event an account is delinquent for more than one thirty (30) day Treasury Bill period, the interest rate in any given period shall be equal to that of the thirty (30) day Treasury Bill rate in effect for the same period. Accounts shall become delinquent if not paid within thirty (30) days from date of invoice. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and the treated water shall be construed as delivered to said cities when reinjected by the City of Lubbock into the distribution lines of the Authority at the said treatment plant as allowed by the Authority. - 8 - VI. THAT the original plant, any additions thereto, including all improvements used in connection therewith and all appurtenances thereof, are, 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 and 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 give rise to a cause of action for damage by either party against the non -performing party. The term "Force Majeurel' as employed herein, shall mean acts of God, strikes, lockouts 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, insurrec- tions, 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 to 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 lockouts 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 reasonable 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 above -mentioned. VIII. THAT this agreement shall remain in effect for a period of thirty (30) years from date of execution. This contract shall not invalidate any of the hereinabove mentioned cities' right to receive water under the terms of their contract with the Authority. - 10 - IX. THAT this agreement supercedes and takes the place of prior agreements between the parties (which may have been executed) regarding the subject matter covered by this agreement. EXECUTED as of the 22nd day of February 1 19 90 0ek C. McM NN, MAYOR ATTEST: Ranette Boyd, City Secrdtary A4ilA. AS TO CONTENT: Dawkins, Director of Water Us APPRO D AS TO FORM: V110TTIA, lvu/" J./4-ofth Fullingim, Assistan City Aojjney CITY OF �,��1� ,— T--E--X,A,S By;-4) ATTEST: City Secretary or rk ATTACHMENT "A" 100o CRMWA Allocation = 103,000 acre ft. Maximum Percent 100 a Allocation Total Gallons Flow City Participation (Acre ft.) ( X 1000) Rate (MGD) Lubbock 37.058 38,169.74 12,437,648 34.076 Terminal Storage Reserve 18.621 Levelland 2.790 2,873.70 936,398 2.565 Brownfield 2.198 2,263.94 737,707 2.021 Slaton 1.576 1,606.80 523,577 1.434 Tahoka 0.460 473.80 154,388 0.423 O'Donnell 0.278 286.34 93,304 0.256 Lamesa 2.179 2,244.37 731,330 2.004 TOTALS 47,918.69 15,614,352 61.400 FORMULAS: 103,000 acre feet x percent allocation x percent participation = acre ft. acre ft. for city x 325,851 = gallons (gallons = 1000) _ 365 = maximum flow rate in million gallons per day Resolution # 3313 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 have heretofore validly become participating members of Canadian River Municipal Water Authority, hereinafter called "Authority"; and WHEREAS, untreated water is delivered from the Authority reservoir near the City of Sanford, Texas, on the Canadian River to the Lubbock Water Treatment Plant for treatment in conformity with Federal and State regulations; and WHEREAS, engineering studies and surveys have revealed that the operation and maintenance 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 has expressed its willingness to undertake the operation and maintenance of the Lubbock Water Treatment Plant to 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 constructed the Water Treatment Plant with sufficient size to treat up to 61.4 million gallons of water per day; and WHEREAS, the City of Lubbock is required by the Safe Drinking Water Act to treat water in accordance with Environmental Protection Agency water quality regulations; and WHEREAS, the undersigned parties to this Water Treatment Contract have recognized the need to amend and update their original contract to clarify their current relationship; NOW THEREFORE: WITNESSETH: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of its City Council, hereinafter called "LUBBOCK" and the City of S1 aton a municipal corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized Resolution of its City, hereinafter called it S1 aton it, have this day made and entered into the following memorandum and agreement, to -wit: I. THAT for and in consideration of the promises and obligations herein undertaken by Slaton the City of Lubbock has agreed and does agree to operate, maintain, and repair a water treatment plant of sufficient size and classification to treat the water which the cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municipal Authority. The amounts presented in the following table - 2 - represent the flow rates available to each of the said cities from the Authority and the Lubbock Water Treatment Plant. These flow rates are based on a one hundred percent Authority allocation of 103,000 acre feet of water per year. The calcula- tions are summarized in ATTACHMENT "A". City Lubbock Levelland Brownfield 5laton Tahoka O'Donnell Lamesa Annual Daily Average Flow* (Million Gallons Per Day) 52.697 2.565 2.021 1.434 0.423 0.256 2.004 TOTAL 61.400 * Annual Flow divided by 365 days In the event the Authority increases the maximum amount of water available above the current 103,000 acre feet per year and/or any of the said member cities negotiates an allocation transfer from another member city, the flow rates presented above shall remain in effect until this agreement is superceded or modified by mutual agreement between the City of Lubbock and each of the said member cities. - 3 - II. THAT the obligation undertaken by the City of Lubbock in the preceding paragraph is entirely contingent upon the abilities of said City of Lubbock to negotiate and obtain execution 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, 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 up to the flow rates presented in the above table. IV. THAT the undersigned City of S1 aton will pay for said water treatment service based upon its percent participation in the Lubbock Water Treatment Plant as follows: A. MAINTENANCE, OPERATION, AND REPLACEMENT COSTS. Maintenance, Operation, and Replacement Costs shall include those fixed and variable costs directly attributable to and benefitting the Water Treatment Plant in order to ensure adequate treatment of water provided by the Authority. This category shall include all costs of administration, laboratory services, operation, maintenance, repair, replacement, and rehabilitation of any - 4 - feature of the Water Treatment Plant and its appurtenances required by the mandates of State, Federal, or other present and future regulatory agencies and generally accepted surface water treatment plant operating practices. The percentages reflected by the following table represent the proportion of the amount of water contracted from the Canadian River Authority by each city named herein. These percentages shall be used to calculate the proportion of Maintenance, Operation, and Replacement Costs to be paid monthly by each participating city hereinabove mentioned. PERCENTAGES OF MO&R COSTS TO CITY BE PAID BY SAID CITY LUBBOCK 79.66% r"�*61R`z BROWNFIELD 4.72 SLATON 3.38 TAHOKA 0.97 O'DONNELL 0.59 LAMESA 4.70 TOTAL 100.00% B. PERMANENT CAPITAL IMPROVEMENTS. Permanent Capital Improvements shall include those costs separate from the City of Lubbock's normal operating budget which are required to maintain the structural and operational integrity of the Water Treatment Plant and those costs incurred as the result of changes in laws, rules, regulations, or other required mandates of State, Federal, or other future regulatory agencies. The costs of Permanent - 5 - Capital Improvements shall be shared by all cities mentioned hereinabove according to the same percentages listed in paragraph A. C. CHEMICAL & ENERGY COSTS. Chemical Cost shall include only the costs of chemicals used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generated forms of energy actually used in and necessitated by all operations of the treatment facility to treat water, and including any cost of reinjection of the treated water back into the Authority distribution lines. The costs associated with operating, maintaining, and/or improving equipment, structures, and other appurtenances constructed for solely for the benefit of the City of Lubbock shall not be included in calculating these costs for the cities mentioned hereinabove. Each City will pay the Chemical and Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceding month as metered to it by the Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceding year, 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. D. RESERVE FUND. A special reserve fund account shall be established by the City of Lubbock to provide contingency funds for unanticipated and/or unbudgeted capital expenditures. This fund shall be used solely for the purpose of maintaining, restoring, and/or improving the water treatment plant and its appurtenances. A two percent (2%) surcharge shall be assessed to each city's monthly billing for water treatment and, upon receipt, the surcharge funds shall be placed in the reserve fund by the City of Lubbock. Interest and/or investment income earned by the reserve fund shall become part of the reserve fund. Reserve fund balances, expenditures, and earnings will be reported to each city annually. There shall be no maximum limit on the balance of the reserve fund. E. ANNUAL COST ADJUSTMENT. The Maintenance, Operation & Replacement and Chemical & Energy Costs shall be adjusted annually at the end of the City of Lubbock's budgetary fiscal year to reflect the actual costs incurred by the City of Lubbock during its fiscal year. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are greater than the amount paid by any city hereinabove mentioned, said city shall pay the City of Lubbock the amount of the difference of actual costs incurred minus the amount paid by said city. A two percent (2%) surcharge for the reserve fund shall be assessed to any amount to be paid by said city. In the event Maintenance, Operation & Replacement r{ and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are less than the amount paid by any of the hereinabove mention cities, the City of Lubbock shall reimburse said city the amount of overpayment except that surcharges assessed during the year will not be reimbursed and will remain in the reserve fund. - 7 - F. The City of Lubbock shall bill each said city for water treatment on a monthly basis based upon the amount of water delivered to each city by the Canadian River Municipal Water Authority. The monthly billing amount shall be calculated as the amount in thousand gallons delivered to each individual city times the cost for Maintenance, Operation & Replacement and Chemical & Energy as calculated in the most recent annual cost adjustment. In addition, a two percent (2%) reserve fund surcharge shall be added to each monthly billing amount. G. The City of Lubbock shall be entitled to interest at a rate equal to the thirty (30) day Treasury Bill rate in effect during the period of delinquency. In the event an account is delinquent for more than one thirty (30) day Treasury Bill period, the interest rate in any given period shall be equal to that of the thirty (30) day Treasury Bill rate in effect for the same period. Accounts shall become delinquent if not paid within thirty (30) days from date of invoice. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and the treated water shall be construed as delivered to said cities when reinjected by the City of Lubbock into the distribution lines of the Authority at the said treatment plant as allowed by the Authority. VI. THAT the original plant, any additions thereto, including all improvements used in connection therewith and all appurtenances thereof, are, 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 and 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 give rise to a cause of action for damage by either party against the non -performing party. The term "Force Majeurel' as employed herein, shall mean acts of God, strikes, lockouts 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, insurrec- tions, 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 to 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 lockouts 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 reasonable 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 above -mentioned. VIII. THAT this agreement shall remain in effect for a period of thirty (30) years from date of execution. This contract shall not invalidate any of the hereinabove mentioned cities' right to receive water under the terms of their contract with the Authority. - 10 - IX. THAT this agreement supercedes and takes the place of prior agreements between the parties (which may have been executed) regarding the subject matter covered by this agreement. EXECUTED as of the 22nd ATTEST: Ranette Boyd; City Secr ary day of February ), �'- 6- /"y f- J;U-V&� 9. C. MCMINN, MAYOR APPROVAM AS TO CONTENT: D A. Hawkins, Director of Water U ilities APPROVED AS TO FORM: 2 ATTEST: C' y Secretary 6f Clerk ► 1990 CI OF ! S(a�o , TEXAS BY Mayor ATTACHMENT "A" 100% CRMWA Allocation = 103,000 acre ft. Maximum Percent 100 % Allocation Total Gallons Flow City Participation (Acre ft.) ( X 1000) Rate (MGD) Lubbock 37.058 38,169.74 12,437,648 34.076 Terminal Storage Reserve 18.621 Levelland 2.790 2,873.70 936,398 2.565 Brownfield 2.198 2,263.94 737,707 2.021 Slaton 1.576 1,606.80 523,577 1.434 Tahoka 0.460 473.80 154,388 0.423 O'Donnell 0.278 286.34 93,304 0.256 Lamesa 2.179 2,244.37 731,330 2.004 TOTALS 47,918.69 15,614,352 61.400 FORMULAS: 103,000 acre feet x percent allocation x percent participation = acre ft. acre ft. for city x 325,851 = gallons (gallons _ 1000) =- 365 = maximum flow rate in million gallons per day Resolution # 331.3 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 have heretofore validly become participating members of Canadian River Municipal Water Authority, hereinafter called "Authority"; and WHEREAS, untreated water is delivered from the Authority reservoir near the City of Sanford, Texas, on the Canadian River to the Lubbock Water Treatment Plant for treatment in conformity with Federal and State regulations; and WHEREAS, engineering studies and surveys have revealed that the operation and maintenance 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 has expressed its willingness to undertake the operation and maintenance of the Lubbock Water Treatment Plant to 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 constructed the Water Treatment Plant with sufficient size to treat up to 61.4 million gallons of water per day; and WHEREAS, the City of Lubbock is required by the Safe Drinking Water Act to treat water in accordance with Environmental Protection Agency water quality regulations; and WHEREAS, the undersigned parties to this Water Treatment Contract have recognized the need to amend and update their original contract to clarify their current relationship; NOW THEREFORE: WITNESSETH: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of its City Council, hereinafter called "LUBBOCK" and the City of a municipal corporation of LYNN TAHOKA County, Texas, acting herein by and through its Mayor as heretofore duly authorized Resolution of its City, hereinafter called is TAHOKA ", have this day made and entered into the following memorandum and agreement, to -wit: I. THAT for and in consideration of the promises and obligations herein undertaken by TAHOKA , the City of Lubbock has agreed and does agree to operate, maintain, and repair a water treatment plant of sufficient size and classification to treat the water which the cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municipal Authority. The amounts presented in the following table - 2 - represent the flow rates available to each of the said cities from the Authority and the Lubbock Water Treatment Plant. These flow rates are based on a one hundred percent Authority allocation of 103,000 acre feet of water per year. The calcula- tions are summarized in ATTACHMENT "A". Annual Daily Average Flow* City Million Gallons Per Day) Lubbock 52.697 Levelland 2.565 Brownfield 2.021 Slaton 1.434 Tahoka 0.423 O'Donnell 0.256 Lamesa 2.004 TOTAL 61.400 * Annual Flow divided by 365 days In the event the Authority increases the maximum amount of water available above the current 103,000 acre feet per year and/or any of the said member cities negotiates an allocation transfer from another member city, the flow rates presented above shall remain in effect until this agreement is superceded or modified by mutual agreement between the City of Lubbock and each of the said member cities. - 3 - II. THAT the obligation undertaken by the City of Lubbock in the preceding paragraph is entirely contingent upon the abilities of said City of Lubbock to negotiate and obtain execution 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, 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 up to the flow rates presented in the above table. IV. THAT the undersigned City of TAHOKA will pay for said water treatment service based upon its percent participation in the Lubbock Water Treatment Plant as follows: A. MAINTENANCE, OPERATION, AND REPLACEMENT COSTS. Maintenance, Operation, and Replacement Costs shall include those fixed and variable costs directly attributable to and benefitting the Water Treatment Plant in order to ensure adequate treatment of water provided by the Authority. This category shall include all costs of administration, laboratory services, operation, maintenance, repair, replacement, and rehabilitation.of any - 4 - feature of the Water Treatment Plant and its appurtenances required by the mandates of State, Federal, or other present and future regulatory agencies and generally accepted surface water treatment plant operating practices. The percentages reflected by the following table represent the proportion of the amount of water contracted from the Canadian River Authority by each city named herein. These percentages shall be used to calculate the proportion of Maintenance, Operation, and Replacement Costs to be paid monthly by each participating city hereinabove mentioned. PERCENTAGES OF MO&R COSTS TO CITY 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% B. PERMANENT CAPITAL IMPROVEMENTS. Permanent Capital Improvements shall include those costs separate from the City of Lubbock's normal operating budget which are required to maintain the structural and operational integrity of the Water Treatment Plant and those costs incurred as the result of changes in laws, rules, regulations, or other required mandates of State, Federal, or other future regulatory agencies. The costs of Permanent =-7,= R Capital Improvements shall be shared by all cities mentioned hereinabove according to the same percentages listed in paragraph A. C. CHEMICAL & ENERGY COSTS. Chemical Cost shall include only the costs of chemicals used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generated forms of energy actually used in and necessitated by all operations of the treatment facility to treat water, and including any cost of reinjection of the treated water back into the Authority distribution lines. The costs associated with operating, maintaining, and/or improving equipment, structures, and other appurtenances constructed for solely for the benefit of the City of Lubbock shall not be included in calculating these costs for the cities mentioned hereinabove. Each City will pay the Chemical and Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceding month as metered to it by the Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceding year, 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. D. RESERVE FUND. A special reserve fund account shall be established by the City of Lubbock to provide contingency funds for unanticipated and/or unbudgeted capital expenditures. This fund shall be used solely for the purpose of maintaining, restoring, and/or improving the water treatment plant and its appurtenances. A two percent (2%) surcharge shall be assessed to each city's monthly billing for water treatment and, upon receipt, the surcharge funds shall be placed in the reserve fund by the City of Lubbock. Interest and/or investment income earned by the reserve fund shall become part of the reserve fund. Reserve fund balances, expenditures, and earnings will be reported to each city annually. There shall be no maximum limit on the balance of the reserve fund. E. ANNUAL COST ADJUSTMENT. The Maintenance, Operation & Replacement and Chemical & Energy Costs shall be adjusted annually at the end of the City of Lubbock's budgetary fiscal year to reflect the actual costs incurred by the City of Lubbock during its fiscal year. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are greater than the amount paid by any city hereinabove mentioned, said city shall pay the City of Lubbock the amount of the difference of actual costs incurred minus the amount paid by said city. A two percent (2%) surcharge for the reserve fund shall be assessed to any amount to be paid by said city. In the event Maintenance, Operation & Replacement a and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are less than the amount paid by any of the hereinabove mention cities, the City of Lubbock shall reimburse said city the amount of overpayment except that surcharges assessed during the year will not be reimbursed and will remain in the reserve fund. - 7 - F. The City of Lubbock shall bill each said city for water treatment on a monthly basis based upon the amount of water delivered to each city by the Canadian River Municipal Water Authority. The monthly billing amount shall be calculated as the amount in thousand gallons delivered to each individual city times the cost for Maintenance, Operation & Replacement and Chemical & Energy as calculated in the most recent annual cost adjustment. In addition, a two percent (2%) reserve fund surcharge shall be added to each monthly billing amount. G. The City of Lubbock shall be entitled to interest at a rate equal to the thirty (30) day Treasury Bill rate in effect during the period of delinquency. In the event an account is delinquent for more than one thirty (30) day Treasury Bill period, the interest rate in any given period shall be equal to that of the thirty (30) day Treasury Bill rate in effect for the same period. Accounts shall become delinquent if not paid within thirty (30) days from date of invoice. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and the treated water shall be construed as delivered to said cities when reinjected by the City of Lubbock into the distribution lines of the Authority at the said treatment plant as allowed by the Authority. - 8 - VI. THAT the original plant, any additions thereto, including all improvements used in connection therewith and all appurtenances thereof, are, 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 and 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 give 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, lockouts or other industrial disturbances, acts of public enemy, orders or actions of any kind of the government of the United States or of the 9 State of Texas, or any civil or military authority, insurrec- tions, 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 to 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 lockouts 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 reasonable 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 above -mentioned. VIII. THAT this agreement shall remain in effect for a period of thirty (30) years from date of execution. This contract shall not invalidate any of the hereinabove mentioned cities' right to receive water under the terms of their contract with the Authority. - 10 - IX. THAT this agreement supercedes and takes the place of prior agreements between the parties (which may have been executed) regarding the subject matter covered by this agreement. EXECUTED as of the 22nd day of February 1 lg 90 B. C. McMINN, MAYOR ATTEST: Ran tte Boyd, City Secretary A=ASTO: D n A. Hawkins, Director of Water U ilities APPROVED AS TO FORM: Morth Fullingim, Ass taut City ney CITY OF TAHOKA , TEXAS BY: Mayor ATTEST: City Sezr tary or Clerk ATTACHMENT "A" 100% CRMWA Allocation = 103,000 acre ft. Maximum Percent 100 % Allocation Total Gallons Flow City Participation (Acre ft.) ( X 1000) Rate (MGD) Lubbock 37.058 38,169.74 12,437,648 34.076 Terminal Storage Reserve 18.621 Levelland 2.790 2,873.70 936,398 2.565 Brownfield 2.198 2,263.94 737,707 2.021 Slaton 1.576 1,606.80 523,577 1.434 Tahoka 0.460 473.80 154,388 0.423 O'Donnell 0.278 286.34 93,304 0.256 Lamesa 2.179 2,244.37 731,330 2.004 TOTALS 47,918.69 15,614,352 61.400 FORMULAS: 103,000 acre feet x percent allocation x percent participation = acre ft. acre ft. for city x 325,851 = gallons (gallons _ 1000) _ 365 = maximum flow rate in million gallons per day 11 Resolution #3313 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 have heretofore validly become participating members of Canadian River Municipal Water Authority, hereinafter called "Authority"; and WHEREAS, untreated water is delivered from the Authority reservoir near the City of Sanford, Texas, on the Canadian River to the Lubbock Water Treatment Plant for treatment in conformity with Federal and State regulations; and WHEREAS, engineering studies and surveys have revealed that the operation and maintenance 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 has expressed its willingness to undertake the operation and maintenance of the Lubbock Water Treatment Plant to 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 constructed the Water Treatment Plant with sufficient size to treat up to 61.4 million gallons of water per day; and WHEREAS, the City of Lubbock is required by the Safe Drinking Water Act to treat water in accordance with Environmental Protection Agency water quality regulations; and WHEREAS, the undersigned parties to this Water Treatment Contract have recognized the need to amend and update their original contract to clarify their current relationship; NOW THEREFORE: WITNESSETH: THAT the City of Lubbock, a Home Rule Municipal Corporation of Lubbock County, Texas, acting herein by and through its Mayor as heretofore duly authorized by Resolution of its City Council, hereinafter called "LUBBOCK" and the City of Lamesa a municipal corporation of Dawson County, Texas, acting herein by and through its Mayor as heretofore duly authorized Resolution of its City, hereinafter called if Lamesa to, have this day made and entered into the following memorandum and agreement, to -wit: I. THAT for and in consideration of the promises and obligations herein undertaken by The City of Lamesa , the City of Lubbock has agreed and does agree to operate, maintain, and repair a water treatment plant of sufficient size and classification to treat the water which the cities of Lubbock, Levelland, Brownfield, O'Donnell, Slaton, Tahoka and Lamesa, have contracted to receive from the Canadian River Municipal Authority. The amounts presented in the following table - 2 - represent the flow rates available to each of the said cities from the Authority and the Lubbock Water Treatment Plant. These flow rates are based on a one hundred percent Authority allocation of 103,000 acre feet of water per year. The calcula- tions are summarized in ATTACHMENT "A". Annual Daily Average Flow* City (Million Gallons Per Day) Lubbock 52.697 Levelland 2.565 Brownfield 2.021 Slaton 1.434 Tahoka 0.423 O'Donnell 0.256 Lamesa 2.004 TOTAL 61.400 * Annual Flow divided by 365 days In the event the Authority increases the maximum amount of water available above the current 103,000 acre feet per year and/or any of the said member cities negotiates an allocation transfer from another member city, the flow rates presented above shall remain in effect until this agreement is superceded or modified by mutual agreement between the City of Lubbock and each of the said member cities. - 3 - II. THAT the obligation undertaken by the City of Lubbock in the preceding paragraph is entirely contingent upon the abilities of said City of Lubbock to negotiate and obtain execution 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, 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 up to the flow rates presented in the above table. IV. THAT the undersigned City of Lamesa will pay for said water treatment service based upon its percent participation in the Lubbock Water Treatment Plant as follows: A. MAINTENANCE, OPERATION, AND REPLACEMENT COSTS. Maintenance, Operation, and Replacement Costs shall include those fixed and variable costs directly attributable to and benefitting the Water Treatment Plant in order to ensure adequate treatment of water provided by the Authority. This category shall include all costs of administration, laboratory services, operation, maintenance, repair, replacement, and rehabilitation of any - 4 - feature of the Water Treatment Plant and its appurtenances required by the mandates of State, Federal, or other present and future regulatory agencies and generally accepted surface water treatment plant operating practices. The percentages reflected by the following table represent the proportion of the amount of water contracted from the Canadian River Authority by each city named herein. These percentages shall be used to calculate the proportion of Maintenance, Operation, and Replacement Costs to be paid monthly by each participating city hereinabove mentioned. PERCENTAGES OF MO&R COSTS TO CITY 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% B. PERMANENT CAPITAL IMPROVEMENTS. Permanent Capital Improvements shall include those costs separate from the City of Lubbock's normal operating budget which are required to maintain the structural and operational integrity of the Water Treatment Plant and those costs incurred as the result of changes in laws, rules, regulations, or other required mandates of State, Federal, or other future regulatory agencies. The costs of Permanent - 5 - Capital Improvements shall be shared by all cities mentioned hereinabove according to the same percentages listed in paragraph A. C. CHEMICAL & ENERGY COSTS. Chemical Cost shall include only the costs of chemicals used in the treatment process. Energy costs shall include the costs of electricity, gas, and other generated forms of energy actually used in and necessitated by all operations of the treatment facility to treat water, and including any cost of reinjection of the treated water back into the Authority distribution lines. The costs associated with operating, maintaining, and/or improving equipment, structures, and other appurtenances constructed for solely for the benefit of the City of Lubbock shall not be included in calculating these costs for the cities mentioned hereinabove. Each City will pay the Chemical and Energy Costs monthly, on the basis of the water actually treated for the particular city involved during the preceding month as metered to it by the Authority. Such costs to be paid by each city to be that sum equal in proportion to the whole Chemical & Energy Costs of the preceding year, 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. D. RESERVE FUND. A special reserve fund account shall be established by the City of Lubbock to provide contingency funds for unanticipated and/or unbudgeted capital expenditures. This fund shall be used solely for the purpose of maintaining, restoring, and/or improving the water treatment plant and its appurtenances. A two percent (2%) surcharge shall be assessed to each city's monthly billing for water treatment and, upon receipt, the surcharge funds shall be placed in the reserve fund by the City of Lubbock. Interest and/or investment income earned by the reserve fund shall become part of the reserve fund. Reserve fund balances, expenditures, and earnings will be reported to each city annually. There shall be no maximum limit on the balance of the reserve fund. E. ANNUAL COST ADJUSTMENT. The Maintenance, Operation & Replacement and Chemical & Energy Costs shall be adjusted annually at the end of the City of Lubbock's budgetary fiscal year to reflect the actual costs incurred by the City of Lubbock during its fiscal year. In the event Maintenance, Operation & Replacement and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are greater than the amount paid by any city hereinabove mentioned, said city shall pay the City of Lubbock the amount of the difference of actual costs incurred minus the amount paid by said city. A two percent (2%) surcharge for the reserve fund shall be assessed to any amount to be paid by said city. In the event Maintenance, Operation & Replacement 11 and Chemical & Energy Costs incurred during the City of Lubbock's fiscal year are less than the amount paid by any of the hereinabove mention cities, the City of Lubbock shall reimburse said city the amount of overpayment except that surcharges assessed during the year will not be reimbursed and will remain in the reserve fund. - 7 - F. The City of Lubbock shall bill each said city for water treatment on a monthly basis based upon the amount of water delivered to each city by the Canadian River Municipal Water Authority. The monthly billing amount shall be calculated as the amount in thousand gallons delivered to each individual city times the cost for Maintenance, Operation & Replacement and Chemical & Energy as calculated in the most recent annual cost adjustment. In addition, a two percent (2%) reserve fund surcharge shall be added to each monthly billing amount. G. The City of Lubbock shall be entitled to interest at a rate equal to the thirty (30) day Treasury Bill rate in effect during the period of delinquency. In the event an account is delinquent for more than one thirty (30) day Treasury Bill period, the interest rate in any given period shall be equal to that of the thirty (30) day Treasury Bill rate in effect for the same period. Accounts shall become delinquent if not paid within thirty (30) days from date of invoice. V. THAT this contract is to be performed and enforced in Lubbock County, Texas, and the treated water shall be construed as delivered to said cities when reinjected by the City of Lubbock into the distribution lines of the Authority at the said treatment plant as allowed by the Authority. - 8 - VI. THAT the original plant, any additions thereto, including all improvements used in connection therewith and all appurtenances thereof, are, 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 and 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 give 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, lockouts 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, insurrec- tions, 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 to 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 lockouts 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 reasonable 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 above -mentioned. VIII. THAT this agreement shall remain in effect for a period of thirty (30) years from date of execution. This contract shall not invalidate any of the hereinabove mentioned cities' right to receive water under the terms of their contract with the Authority. - 10 - IX. THAT this agreement supercedes and takes the place of prior agreements between the parties (which may have been executed) regarding the subject matter covered by this agreement. EXECUTED as of the 22nd day of February 1990 a z . C. MCMINN, MAYOR ATTEST: Ran tte Boyd, City tecretary AS TO CONTENT: n A. Hawkins, Director of Water ilities APPROVED AS TO FORM: J. Xq(rth Fullingim, Assistzot City At o ney CIT OF LAMESA TEXAS BY: -3Ed Mayor ATTEr t.Z _11;:2 City Secretary or Clerk ATTACHMENT "A" 100a CRMWA Allocation = 103,000 acre ft. Percent 100 a Allocation Total Gallons City Participation (Acre ft.) ( X 1000) Lubbock 37.058 38,169.74 12,437,648 Terminal Storage Reserve Levelland 2.790 2,873.70 936,398 Brownfield 2.198 2,263.94 737,707 Slaton 1.576 1,606.80 523,577 Tahoka 0.460 473.80 154,388 O'Donnell 0.278 286.34 93,304 Lamesa 2.179 2,244.37 731,330 TOTALS 47,918.69 15,614,352 Maximum Flow Rate (MGD) 34.076 18.621 2.565 2.021 1.434 0.423 0.256 2.004 61.400 FORMULAS: 103,000 acre feet x percent allocation x percent participation = acre ft. acre ft. for city x 325,851 = gallons (gallons _ 1000) _ 365 = maximum flow rate in million gallons per day