HomeMy WebLinkAboutResolution - 052771A - Contract - City Of Shallowater - Supply Emergency Water - 05_27_1971IKJ:ll
RESOLUTION
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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 a Contract
for City of Lubbock to supply emergency water to City of Shallowater, attac]
ed 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 2
ATTEST: .
Lav`enia Lowe, City Secretdry-Treasurer
APPROVED AS TO FORM:
CONTRACT FOR CITY OF LUBBOCK TO SUPPLY
EMERGENCY WATER TO CITY OF SHALLOWATER
This agreement, made this 27 day of May, 1971, by and
between the City of Lubbock, hereinafter called LUBBOCK, and the
City of Shallowater, hereinafter called SHALLOWATER, both parties
being municipal corporations of the State of Texas and County
of Lubbock, and both acting herein by and through their mayors
hereunto duly authorized;
W I T N E S S E T H:
1. (Agreement to supply water) That LUBBOCK,;for and in
consideration of the payments hereinafter set forth, and subject
to the conditions hereinafter set forth, hereby agrees to furnish
to SHALLOWATER, during the life of this contract, emergency water
as hereinafter provided.
2. (Place of delivery) LUBBOCK further agrees to deliver
such emergency water to SHALLOWATER at the meter installed by
SHALLOWATER at its expense at a.point adjoining ground storage
facilities owned by SHALLOWATER, the amount of water.so delivered
to be shown upon said meter.
3. (Pipe line and plumbing) SHALLOWATER agrees to pay
the entire cost of transmitting and metering water from the facili-
ties of LUBBOCK to the place of delivery as hereinbefore specified
and it is further agreed that such cost is nonreimbursable upon
the termination of this contract or non -delivery of water hereunder.
4. (Terms of supply) The water to be supplied under this
contract is to be for emergency use only by SHALLOWATER. SHALLOWATER
agrees to notify LUBBOCK through its City Manager or such agent
as he may appoint, prior to drawing water through the facilities
herein contemplated and LUBBOCK reserves the right to refuse water
if it is needed by the citizens of the City of Lubbock, as such
need is determined by the City Manager of the City of Lubbock or
his duly appointed agent. It is further mutually agreed that no
liability shall fall on LUBBOCK for failure to supply water.
5. (Amount of Payment) SHAUOWATER, in consideration
.for performance by LUBBOCK of its agreements as hereinbefore set
forth, hereby covenants and agrees to pay, during the life of this
contract, to LUBBOCK, the sum of thirty-four cents ($.34) for each
one thousand (1000) gallons of water furnished under this contract.
Such payment shall be due and payable upon receipt of statement from
LUBBOCK.
6. (Ownership of Service line and meter) It is mutually
agreed that the service lines and metering facilities for delivery
of water to SHALLOWATER, notwithstanding the payment for the same
by SHALLOWATER, shall be the property of, and maintained by LUBBOCK.
7. (Term of contract) It is further mutually agreed
that this contract shall be for a term of five (5) years and shall
be effective upon completion of delivery facilities herein con-
templated.
8. (Renegotiation of Rates) It is further mutually agreed•
that the rates set herein may be renegotiated upon 90 days written
notice by LUBBOCK.
IN WITNESS WHEREOF WITNESS OUR HANDS this '27 day of
May, 1971.
CITY OF LUBBOCK
ATTES BY:..... jz_
J GRANIM7 Mayor
Lav nia Lowe, ity ecretary
CITY OF SHALLOWATER
ATTEST: BY:'.
HOWARD PRESTON, Mayor
Jessie Lee Vance, City Secretary