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HomeMy WebLinkAboutResolution - 6540 - Agreement - Slaton & New Deal - Processing & Delivering Water, CRMWA - 10_14_1999Resolution No. 6540 Oct. 14, 1999 Item No. 41 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 Agreement for Processing and Delivering Water Between the Canadian River Municipal Water Authority, City of Lubbock, City of Slaton and the City of New Deal, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of October 1999. APPROVED AS TO CONTENT: Terry Ell rook Managing Director Water Utilities APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney RKC:cp Cedocs/ProcDeliverWater-CRMWA-LBB-Slaton-NewDeal.Res October 5, 1999 Resolution No. 6540 Oct. 14, 1999 Item No. 41 AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL This Agreement is made and entered into this the 26th day of October , 1999, between the City of Lubbock, Texas, (hereinafter "Lubbock"), the City of Slaton, Texas, (hereinafter "Slaton") and the City of New Deal, Texas (hereinafter "New Deal"), and Canadian River Municipal Water Authority ("CRMWA"). WITNESSETH THAT: WHEREAS, SLATON is a member city of Canadian River Municipal Water Authority ("CRMWA") with all of the rights and responsibilities pertaining thereto; WHEREAS, SLATON has agreed to sell and NEW DEAL has agreed to purchase annually, up to 50,000,000 gallons of water from SLATON; WHEREAS, LUBBOCK currently treats for the benefit of SLATON all water received by SLATON from CRMWA as a result of SLATON'S membership in CRMWA; WHEREAS, all water received from CRMWA by SLATON and LUBBOCK is received at the LUBBOCK treatment plant; and WHEREAS, NEW DEAL and SLATON desire that LUBBOCK treat and deliver to NEW DEAL, on the terms set forth below, the water conveyed by SLATON to NEW DEAL as per its agreement with SLATON; NOW THEREFORE, the parties hereto, for and in consideration of the undertakings assumed as hereinafter set forth, do hereby agree and bind themselves as follows: AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 1 1. Term. This Agreement shall extend for a period of twenty (20) years from the date of execution of this Agreement by LUBBOCK (the "Original Term"). At the expiration of the Original Term, this Agreement shall be automatically extended for an additional ten (10) year term, upon the same agreements, unless a party hereto gives the other parties written notice of its intention to terminate this agreement delivered to the other parties at least 180 days prior to the end of the Original Term. In all instances this Agreement is subject to termination prior to the end of the Original Term or any extension as is hereinafter provided. In the event the water sales agreement between SLATON and NEW DEAL, as hereinafter described shall terminate, then this Agreement shall also terminate, and SLATON and NEW DEAL shall provide notice of such termination to LUBBOCK as soon as reasonably possible, but in no event later than forty-eight (48) hours after such termination. In the event any water shall be delivered to NEW DEAL after the termination of the SLATON and NEW DEAL water sales agreement such water shall be billed to NEW DEAL and payable to LUBBOCK at the prevailing residential rate for water billed to citizens of LUBBOCK at the time of such delivery. 2. Consideration. NEW DEAL shall pay to LUBBOCK the sum of LUBBOCK's budgeted cost, per thousand gallons US Standard Liquid Measurement, for delivery of the water to NEW DEAL, as calculated annually by LUBBOCK. The budgeted cost for the fiscal year of LUBBOCK ending on September 30, 1999 is forty cents (.40) per thousand gallons. LUBBOCK shall provide notice to NEW DEAL of such cost on or before thirty (30) days after passage of LUBBOCK's annual budget each year during the term of this Agreement. SLATON agrees that it will deliver AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 2 or cause to be delivered to LUBBOCK up to 50,000,000 gallons of water per year, which shall be the water treated for and delivered to NEW DEAL, as provided herein. It is agreed that the delivery of the water is, and shall at all times be contingent upon the terms and conditions of a separate water sales agreement between NEW DEAL and SLATON. 3. Payment. NEW DEAL shall pay the cost of delivering the water on a monthly basis, within thirty (30) days of receipt of the invoice for the previous month's deliveries from LUBBOCK, unless a shorter period is prescribed by law. Prompt payment is a material condition of this Agreement. All past due payments due hereunder shall bear interest at the rate of ten percent (10%) per annum, or the highest non -usurious rate of interest, if any, permitted by applicable law on any day, whichever is less. If any interest in excess of the highest non -usurious rate of interest is contracted for, taken, reserved, charged or received by LUBBOCK, such interest shall be credited to amounts due LUBBOCK hereunder, or if no such amounts are due, refunded to NEW DEAL. 4. Contingencies. This Agreement is contingent upon: (a) NEW DEAL and SLATON shall enter into a valid and enforceable water sales agreement providing for the purchase and sale of the quantities of water as described herein and obtain all necessary consents and/or approvals thereto, and submit proof of same to LUBBOCK, on or before two hundred and forty (240) days after the execution of this Agreement by LUBBOCK; AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 3 (b) NEW DEAL shall have obtained and furnished proof of same to Lubbock, firm financing for construction of the water delivery and storage system contemplated by this Agreement, on or before eighteen (1 S) months after the execution of this Agreement by LUBBOCK; and (c) LUBBOCK shall have (i) obtained sufficient grant funding from the United States of America, or the State of Texas to construct the pipeline system necessary for the delivery of the water to NEW DEAL, as described herein, on or before twelve (12) months after the execution of this Agreement by LUBBOCK; and (ii) the entities providing the described grant funding shall have approved, in form and substance satisfactory to LUBBOCK, the activities contemplated hereby on or before twelve (12) months after the execution of this Agreement by LUBBOCK. If any or all of the above -described contingencies shall not have occurred within the time periods prescribed, this Agreement shall terminate and be null, void and of no effect unless extended by the written agreement of all parties. 5. Quantity. Subject to the terms hereof, LUBBOCK agrees to treat and deliver to NEW DEAL up to 50,000,000 gallons of water sold by SLATON to NEW DEAL per calendar year. Notwithstanding anything herein to the contrary, LUBBOCK shall never be obligated to treat and/or deliver water to NEW DEAL in excess of Two Hundred Thousand (200,000) gallons per any twenty-four (24) consecutive hour period. It is understood by the parties that NEW DEAL and SLATON have executed, or in the future contemplate executing, an agreement whereby SLATON shall convey to NEW DEAL up to 50,000,000 gallons of water per year. SLATON and AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 4 NEW DEAL shall notify LUBBOCK, not less than thirty (30) days prior to each January 1 during the term of this Agreement of the annual quantity of water to be purchased by NEW DEAL from SLATON for such year. In the event such quantities shall change during said calendar year, NEW DEAL shall notify Lubbock of such change not less than ten (10) days after such change. Notwithstanding anything to the contrary herein, in no event shall LUBBOCK be required to treat and/or deliver to NEW DEAL (i) more than 50,000,000 gallons of water per calendar year; (ii) 200,000 gallons of water per any consecutive twenty-four (24) hour period; (iii) more water than is actually delivered to it by SLATON for NEW DEAL's benefit; or (iv) more water per calendar year than the annual quantity set forth in the notice from SLATON and NEW DEAL to LUBBOCK, as set forth above. 6. Treatment. LUBBOCK shall treat the water conveyed by SLATON to NEW DEAL in substantially the same manner as LUBBOCK treats all water derived from CRMWA, to be delivered to residential customers of LUBBOCK. SLATON and NEW DEAL have made an independent inspection and evaluation of the treatment system of LUBBOCK and the water to be delivered hereunder and acknowledge that LUBBOCK has made no statements or representations concerning the treatment system and/or water to be delivered hereunder, except as stated in this Agreement. Further, SLATON and NEW DEAL acknowledge that neither LUBBOCK nor CRMWA are under a duty to investigate title or ownership of the water conveyed to NEW DEAL by SLATON. LUBBOCK shall be entitled to rely on the written or oral instruction or direction of SLATON, NEW DEAL or CRMWA to immediately cease deliveries of water to NEW DEAL. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 5 LUBBOCK MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY, PHYSICAL CONDITION, MERCHANTABILITY, OR FITNESS FOR PURPOSE OF THE TREATMENT SYSTEM AND WATER, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. THE DELIVERY AND TREATMENT OF WATER IS AS IS, WHERE IS AND WITH ALL FAULTS. SLATON and NEW DEAL further acknowledge that, in entering into this Agreement, they have relied solely upon their independent examination of the treatment system and water and the independent estimates, computations, evaluations and studies based thereon. Neither LUBBOCK nor CRMWA make any warranty or representation as to the accuracy, completeness or usefulness of any information furnished to NEW DEAL or SLATON, if any, whether furnished by LUBBOCK, CRMWA or any other third party. Reliance on any material so furnished shall not give rise to any cause, claim or action against LUBBOCK or CRMWA, its officers, employees, elected officials and/or agents, and any such reliance shall be at SLATON's and NEW DEAL's sole risk. 7. Delivery of Treated Water. Water delivered pursuant to this Agreement shall be delivered to the nearest practicable point to the extreme northwest corner of the property owned by the LUBBOCK, as depicted on the plat attached as Exhibit "A" hereto and incorporated by reference the same as if copied in its entirety, at the outlet side of the water meter (the "Delivery Point"). Water entering the storage facility of NEW DEAL shall be through an air gap, as approved by LUBBOCK, physically separating the water system of NEW DEAL from that of LUBBOCK. LUBBOCK shall have no AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE G responsibility for, or control over the water beyond the Delivery Point. Once the water is delivered to the Delivery Point, it shall be the sole responsibility of NEW DEAL to insure the quality and delivery of the water to its customers. Notwithstanding anything to the contrary herein, LUBBOCK shall not take title to the water treated and/or delivered pursuant to the terms of this Agreement. Title to the water treated and/or delivered pursuant to the terms of this Agreement shall pass to NEW DEAL as the water enters the outlet side of the Delivery Point. NEW DEAL ASSUMES FULL RESPONSIBILITY, LIABILITY AND RISK OF LOSS WHERE THE WATER IS OWNED BY IT. LUBBOCK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, CLAIM OR ACTION OR CONSIDERED TO BE IN DEFAULT OR BREACH OF THIS AGREEMENT UNLESS SUCH LOSS, DAMAGE, CLAIM OR ACTION ARISES FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LUBBOCK. 8. Measurement. NEW DEAL shall provide, at its cost, to LUBBOCK at the Delivery Point a water meter acceptable to LUBBOCK and CRMWA which shall measure the amount of water delivered in gallons, US Standard Liquid Measurement. Once approved by LUBBOCK and CRMWA, the meter shall become the property of LUBBOCK for all purposes, subject to the right of SLATON, NEW DEAL and CRMWA to test the meter for accuracy. SLATON, NEW DEAL and CRMWA shall at all times during the life of this Agreement retain the right to check the meter for accuracy at all reasonable times. The checks shall be conducted in the presence of an employee or employees designated by any of the parties hereto. Nothing in this Agreement, however, shall alter the standard measurement and billing procedures whereby CRMWA AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE % calculates deliveries of water to SLATON and LUBBOCK, except that all measurements of delivery of water from LUBBOCK to NEW DEAL, as utilized by LUBBOCK and SLATON for purposes of billing each other shall also be reported to CRMWA. CRMWA shall be entitled to rely upon such calculations for the purpose of calculating, for all purposes, amounts delivered by it to LUBBOCK and SLATON. To the extent stated in such measurement reports, CRMWA shall deduct from calculations of delivery of water to LUBBOCK such amount as LUBBOCK has delivered to NEW DEAL and, shall add the same amount to calculations of delivery of water to SLATON. 9. Grant. SLATON and NEW DEAL expressly agree and understand that all or a portion of the pipeline system to be utilized by LUBBOCK to deliver the water to the Delivery Point, as set forth herein, is contemplated to be constructed utilizing grant funds provided to LUBBOCK by, among possibly others, the United States of America and/or the State of Texas. This Agreement, and all activities contemplated hereby, are subject to all terms, provisions and conditions, including without limitation, continued consent to the activities set forth in this Agreement by the grant authorities, of any and all of such grants. In the event that the United States Department of Commerce, the State of Texas or any other party supplying grant funds shall (i) demand that LUBBOCK cease its activities hereunder; or (ii) demand remittance or repayment of any of the funds granted to LUBBOCK as a result of the activities contemplated by this Agreement, this Agreement shall terminate as of the date of such demand. Further, in the event any of the grant terms are unacceptable to SLATON or NEW DEAL, SLATON or NEW DEAL, upon written notification to the other parties to this Agreement may terminate this Agreement. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 8 Notwithstanding said termination, NEW DEAL shall be obligated to pay LUBBOCK and SLATON shall be obligated to pay CRMWA, as set forth in this Agreement, for all water treated for the benefit and/or delivered to NEW DEAL under the terms hereof. 10. Subordination. The quantities of water to be treated and delivered pursuant to the terms hereof, subject to the terms set forth below, shall be reduced or discontinued in the event that the customers of LUBBOCK shall desire water in such quantities that renders the delivery of water to NEW DEAL, in the quantities set forth in this Agreement, not feasible. NEW DEAL subordinates its rights to delivery of water, as set forth hereunder, and acknowledges such rights are inferior to the customers of LUBBOCK. Notwithstanding anything herein to the contrary, the deliveries of water to NEW DEAL shall not be (i) completely discontinued for a period greater than seventy- two (72) consecutive hours; or (ii) reduced to an average daily quantity of less than one hundred thousand (100,000) gallons over thirty (30) consecutive twenty-four (24) hour periods, to the extent NEW DEAL maintains facilities of sufficient capacity to accept such quantities of water. LUBBOCK shall be under no duty or obligation to make up the deliveries of water reduced or discontinued pursuant to the terms of this paragraph. Nevertheless, in the event that LUBBOCK shall deliver make up water to NEW DEAL, such make up water shall be billed and paid for as other water delivered pursuant to the terms of this Agreement. Nothing contained in this Paragraph 10 shall be construed to modify, amend, restrict or limit the application of Paragraph 12, below, and the subordination of rights granted herein shall be in addition to the rights to limit or discontinue water deliveries, as provided in such Paragraph 12. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 9 11. Representations and Warranties. NEW DEAL and SLATON represent and warrant as follows: (a) SLATON represents and warrants to LUBBOCK and CRMWA that it has the lawful right to the water conveyed to NEW DEAL and that such water will be transferred free and clear of any and all liens and encumbrances. (b) SLATON and NEW DEAL represent and warrant to LUBBOCK and CRMWA that all consents and approvals from any party, including without limitation CRMWA and the United States of America, necessary to effectuate their activities contemplated hereunder, have been obtained. (c) SLATON and NEW DEAL represent and warrant to LUBBOCK and CRMWA that the activities contemplated hereunder and/or the compliance with any term or provision hereof (i) do not, and will not, contravene or conflict with any provision of law, statute, regulation, order or any agreement to which NEW DEAL or SLATON are parties or subject to; and (ii) do not, and will not, violate any Charter, ordinance, bylaw or any other organizational or internal document of SLATON or NEW DEAL. (d) SLATON and NEW DEAL represent and warrant to LUBBOCK and CRMWA that the execution, delivery and performance of the terms of this Agreement have been duly authorized by all necessary actions. 12. Force Majeure. In the event any party shall be rendered unable to carry out its obligations under this Agreement in whole or in part as a result of Force Majeure, as defined below, then if the party shall give notice and describe in detail the nature of the occurrence, the obligation of the party AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICH'AL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 10 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. The affected party shall use its best efforts to endeavor to overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein shall mean acts of God, electric outages or shortages, strikes, lockouts, or other industrial disturbance, acts of public enemy, orders or directions issued under any color of authority of any kind of the Government of the United States or the State of Texas, including without limitation, U. S. Department of Commerce, CRMWA or any civil or military authority (other than SLATON, NEW DEAL and LUBBOCK), earthquake, fires, freezes, hurricanes, storms, floods, washouts, civil disturbances, explosions, breakage or accidents to machinery, or pipelines. NEW DEAL will during the term of this Agreement, to the extent practical, maintain a back up water source. 13. Non -appropriation. This Agreement contemplates that all payments shall be made from current funds budgeted each year by NEW DEAL. In the event that the governing body of NEW DEAL shall fail to appropriate funds to purchase water and have such water treated and delivered under this Agreement, then this Agreement shall terminate on the last day of the fiscal year preceding the year for which appropriation is not made. Notwithstanding anything herein to the contrary, NEW DEAL shall be obligated to pay LUBBOCK and SLATON shall be obligated to pay CRMWA, as set forth in this Agreement, for all water treated for the benefit and/or delivered to NEW DEAL under the terms hereof. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE I I 14. Assignment. This Agreement may not be assigned by any party without the written consent of all other parties, as approved by their respective City Councils, in their discretion. 15. Modification. This Agreement may be amended only with the consent of the governing bodies of all of the parties hereto through appropriate written resolutions, executed and delivered to all of such parties. 16. Entire Agreement. Except for that certain Interlocal Agreement (herein so called) dated on or about June 10, 1999, by and between NEW DEAL and SLATON, this Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements or understandings, whether written or oral with respect to the subject matter hereof. It is expressly agreed and understood that, except as expressly provided herein, the Interlocal Agreement shall in no way affect the obligations of the parties hereunder. No verbal agreement or conversation with any officer, agent or employee of either party either before or after execution of the Agreement, shall affect or modify any of the terms or obligations contained in this Agreement. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon the parties. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 12 17. Waiver. Failure of any party to exercise any right or remedy arising out of a breach of this Agreement by the other party shall not be deemed a waiver of any right or remedy with respect to any subsequent or different breach, or the continuance of any existing breach. 18. Construction. This Agreement is intended to express the mutual intent of the parties and, irrespective of the identity of the party preparing this Agreement or any document or instrument referred to herein, no rule of strict construction against the party preparing the document shall be applied. 19. Severability. In the event any portion of this Agreement shall be declared to be invalid or unenforceable for any reason, such finding shall not affect the validity of the balance of this Agreement. 20. Access to Books and Records. Each party shall have the right, during office hours, to inspect and make copies of any other party's books and official records relating directly to matters covered by this Agreement. 21. Default. In the event (i) any representation or warranty of NEW DEAL or SLATON shall be or become untrue or incorrect; or (ii) NEW DEAL or SLATON shall fail to meet, comply with or perform any or all of its/their obligations hereunder, and such default shall continue for thirty (30) days following written notice of default, delivered to NEW DEAL and SLATON, by LUBBOCK or CRMWA, LUBBOCK or CRMWA, jointly or severally, may exercise any remedies available to it by law, equity, contract or otherwise, including without limitation, AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 13 11. termination of this Agreement. It is expressly agreed and understood that LUBBOCK's and CRMWA's right to exercise remedies hereunder, including without limitation, the termination of this Agreement, may be exercised upon the default, and failure to cure, as described above, by either SLATON or NEW DEAL. In the event LUBBOCK shall fail to meet, comply with or perform any of its obligations hereunder, and such default shall continue for five (5) days following written notice of default delivered to LUBBOCK by NEW DEAL and SLATON, then NEW DEAL and SLATON may, as their sole and exclusive remedy, exercise the right of specific performance of the terms of this Agreement, including, to the extent NEW DEAL maintains facilities of sufficient capacity, the delivery of water to NEW DEAL that would have been delivered but for such default. Nothing contained herein shall be construed as affecting the obligations of NEW DEAL and SLATON to make payment to LUBBOCK and CRMWA, respectively, for water treated for the benefit of and/or delivered to NEW DEAL pursuant to the terms of this Agreement. 22. Notices. Any notices authorized or required by this Agreement shall be deemed properly given, on the day mailed, by United States Mail, postage prepaid, certified mail, return receipt requested, properly addressed to the Mayor of the party to whom the notice is to be delivered, except in the event to LUBBOCK, to which said Notice shall be addressed to the Director of Water Utilities, Terry Ellerbrook, or successor, P. O. Box 2000, Lubbock, Texas 79457, with copy to the City Manager, Bob Cass, or successor, P. O. Box 2000, Lubbock, Texas 79457. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 14 1.:. 1 1 1 .. .t.. 23. Water Treatment Contract. For all purposes and intents of that certain Water Treatment Contract (herein so called) dated February 22, 1990, by and between LUBBOCK and SLATON, the water treated and delivered to NEW DEAL as per the terms of this Agreement, shall be deemed as being treated and delivered to SLATON. 24. Execution and Approval. This Agreement shall not become effective until executed by all parties hereto. 25. Non -Modification of Other Contracts. Except as expressly modified herein, nothing in this Agreement shall alter any terms of any agreements, policies, procedures or bylaws which govern transactions and relationships between CRMWA and LUBBOCK or SLATON. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this agreement to be duly executed. AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 15 Dated this 26th day of October , 1999. fill Mure. lull `;6-11 Date: October 14, 1999 A EST: Kay Ie Darnell, City Secretary APPROVED AS TO CONTENT: Terry E11erbYook, Managing Director of Water Utilities APPROVED AS TO Richard K. Casner, Natural Resources Attorney CITY OF NEW DEAL, TEXAS By: Mayor Date: & ral KNUMS � - A - wzow City Secretary AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 1 G lvlay yr Date: Ia, �99 9 ATTEST: �/, �B0tL C� /a4A'll�,� City Secretary CANADIAN RIVER MUNICIPAL WATER AUTHORITY By: ;1 Chairman Date: October 26, 1999 ATTEST: gl%,- Ah sT, Secretary da/0909final-waterprocess.doc September 9, 1999 AGREEMENT FOR PROCESSING AND DELIVERING WATER BETWEEN THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, CITY OF LUBBOCK, CITY OF SLATON AND THE CITY OF NEW DEAL PAGE 1 % La Ll .... , e% 0 NEW DEAL SYSTEM QQM79R PUMP STATION L GROUND S70RACE TANG Resolution No.6540 i PROPOSED 8-PVC PIPE CITY SYTEM r __---j I L--4-% F„W F.M.1294 A CTENSI N CENTER 0 g rn v PROPOSED SYSTEM TO TRANSPORT WATER TO NEW DEAL