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HomeMy WebLinkAboutResolution - 3047 - Contract - City Of Pampa - Purchase Water Allocation - 02_23_1989Resolution # 3047 February 23, 1989 Item #21 JWF:dw DGQnl IITTAKI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract to be entered by and between the City of Lubbock and the City of Pampa for the sale of water from the City of Pampa to the City of Lubbock as provided in said contract, 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 23rd day of February , 1989. ff, C - /m/ G rr '' '�'1� 1Wi B. C. McMIN , MAYOR yd, City Secreta APP VED AS TO CON T: am Wahl, Director of Water Utilities City of Lubbock Resolution # 3049 A G R E E M E N T CITY OF PAMPA, TEXAS -("Pampa"), a home -rule city under the laws of the State of Texas, acting by and through its Mayor here- unto duly authorized, and the CITY OF LUBBOCK, TEXAS ("Lubbock"), a home -rule city under the laws of the State of Texas, acting by and through its Mayor hereunto duly authorized, for and in con- sideration of the mutual covenants hereinafter made, DO CONTRACT AND AGREE as follows: 1. Pampa agrees to sell to Lubbock, and Lubbock agrees to purchase from Pampa, 800,000,000 gallons of untreated water dur- ing each calendar year of this Agreement to be delivered to Lub- bock at its point of delivery for Lubbock's water allocation by the Canadian River Municipal Water Authority ("CRMWA") at Lake Meredith, Hutchinson County, Texas, out of Pampa's allocation by CRMWA. 2. If Pampa has additional water available, it will notify Lubbock and Lubbock shall have the option to purchase up to an additional 200,000,000 gallons of water during any calendar year of this Agreement upon the same terms. and conditions as provided in this Agreement. Lubbock shall exercise this option by written notice to Pampa within thirty (30) days after Pampa notifies Lubbock that such additional water is available; otherwise, the option for that calendar year shall lapse. 3. Lubbock agrees to pay to Pampa, at Pampa, Gray County, Texas, for said water at the rate of 12.5C per 1,000 gallons. Payment for the fixed, annual purchase of 800,000,000 gallons shall be made no later than May 15th of each year during the term of this Agreement. The additional gallons of water which may be purchased under Paragraph 2 above will be paid by Lubbock upon the exercise of the option. 4. The term of this Agreement shall be for four (4) years and eight (8) months, beginning on May 1, 1989, and ending on December 31, 1993, and shall continue thereafter as a year-to-year Agreement, provided, however, that either party may give written notice to the other party to terminate this Agreement no later than November 1 prior to the expiration of the primary term of this Agreement or any annual extension thereof. 5. Lubbock further agrees to pay all expenses relating to the delivery of said water, including, without limitation, all pumping, chemical and pipeline costs. 6. THE WATER IS SOLD AS IS AND WITH ALL FAULTS. PAMPA DOES NOT WARRANT THAT THE WATER IS FIT FOR ANY PARTICULAR PURPOSE. THE WATER IS SOLD WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. 7. This Agreement is contingent upon the approval of the Board of Directors of CRMWA and the ability of CRMWA to trans- port the water to Lubbock through the existing pipeline serving Lubbock. 8. In the event that Pampa's allocation is not sufficient to meet its needs and the amount of water to be sold hereunder, Pampa will'notify Lubbock in writing of the amount of allocation available, and Lubbock shall have thirty (30) days in which to either accept the amount so allocated (with the sales price at 12.54! per 1,000 gallons) or to terminate this Agreement. In the event that Lubbock has prepaid for any water which cannot be delivered, Pampa will refund any overpayment. 9. Any written notices required to be given under this Agreement shall be deemed given upon being mailed, by certified mail, return receipt requested, postage prepaid, and addressed to the other party as follows: City of Pampa ATT: Director of Public Works P. O. Box 2499 Pampa, TX 79066-2499 City of Lubbock ATT: P. O. Box 2000 Lubbock, TX 79457-2000 -2- 10. This Agreement may not be assigned by Lubbock without the prior written consent of Pampa. EXECUTED in triplicate originals this the alo# day of 1989. CITY O AMP X:S ATT, T : Phy s J fer CitVec tary, ATTEST: Ran tte Boyd City Secretary APPROVED this the day of 1989. CANADIAN RIVER MUNCIPAL WATER AUTHORITY By: John C. Williams General Manager � J By: David A. McDaniel Mayor CITY OF LUBBOCK, TEXAS c By: C- B. C. McMinn Mayor -3- ADDENDUM TO AGREEMENT City of Pampa -- City of Lubbock Transfer of Water The foregoing Agreement is approved by the Board of the CRMWA. The approval, however, Is conditioned that the Agreement is subject to the Board's authority to allocate water among the member -cities and also the member -cities' prior right to pipeline capacity. It is also conditioned that the expenses relating to delivery of the water will be paid to CRMWA when they are due. Done this 12th day of April, 1989. CANADIAN RIVER MUNICIPAL WATER AUTHORITY By. /f JOV C. Williams G eral Manager 5EK/hc 25.84