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HomeMy WebLinkAboutResolution - 2000-R0175 - Amendment And Modification Of Contract - USA - Wholesale Potable Water - 06/20/2000Resolution No. 2000-R 0175 June 20, 2000 Item No. 22 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 Amendment and Modification of Utility Service Contract between the City of Lubbock and the United States of America, for the purchase by the United States of America of wholesale potable water from the City, and any other related documents. Said Amendment 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 20th day of June 2000. WINDY SITTON, MAYOR APPROVED AS TO CONTENT: T&Fy Ellerbrook Managing Director Water Utilities APPROVED AS TO FOAff Richard K. Casner Natural Resources Attorney RKC:cp Ccdocs/USA-City-PotableWater.Res June 5, 2000 Resolution No. 2000—RO175 June 20, 2000 Item No. 22 AMENDMENT AND MODIFICATION OF UTILITY SERVICE CONTRACT WHEREAS, pursuant to Utility Service Contract (the "Contract"), dated on or about October 1, 1977, the United States of America (the "USA") and the City of Lubbock (the "City"), entered into the Contract regarding the purchase by the USA of wholesale potable water from the City for Reese Air Force Base and Reese Village; WHEREAS, the Contract was amended by amendment or modification on or about (i) September 25, 1980; (ii) October 24, 1989; (iii) November 19, 1992; and (iv) July 22, 1997 (the Contract, as amended is hereinafter referred to as the "Contract"); WHEREAS, certain suspected contamination of groundwater under and near Reese Air Force Base has necessitated the provision by the USA of potable water to John Cagle and Rusty Cagle at a location approximately four hundred feet (400') north of Street on FM road 179, in Lubbock County, Texas, (the "Cagles"); WHEREAS, the USA now desires to modify the point of delivery and other matters in the Contract, as set forth below, to facilitate the provision of potable water to the Cagles at, and only at, the location set forth above. NOW, THEREFORE, the USA and the City now desire to amend the Contract as follows: A. The Water Service Specifications of the Contract are amended and modified as follows: 1. PREMISES TO BE SERVED: (A) The areas of land formerly known as (i) Reese Air Force Base; and (ii) Reese Village; and (B) the Cagles, at the location approximately four hundred feet (400') north of 4th Street (also called Farm to Market Road 2255) on Farm to Market Road 179, Lubbock County, Texas. No other premises shall be served by water purchased hereunder. 2. ESTIMATED SERVICE: Estimated daily maximum demand: 2100 K gallons Estimated annual consumption: 240,000,000 gallons (Government is no way obligated to use nor is it restricted to the above estimate.) 3. POINTS OF DELIVERY: There will be two (2) points of delivery of water, which shall be (1) at the point in which the supply line enters the Reese underground storage tanks (the "Reese Point of Delivery"); and (2) at a point approximately 2,720 feet west of the centerline Farm to Market Road 179 and 4t' Street (also called Farm to Market Road 2255) in Lubbock County, Texas (the "Cagle Point of Delivery"). Amendment and Modification of Utility Service Contract Page 1 of 3 4. DESCRIPTION OF WATER SERVICE: The contractor shall have (i) 2100 gallons per minute of water continuously available at the Reese Point of Delivery and; (ii) 150 gallons per minute of water continuously available at the Cagle Point of Delivery. 5. OUAILITY OF WATER: The contractor shall supply clear, potable water safe for human consumption and, except for chlorine additive content, equal in quality of water supplied to domestic consumed residents of the City of Lubbock. 6. METERING AND BILLING: Water shall be measured by one meter at each respective point of delivery. 7. SIZES OF CONTRACTOR'S PIPELINE TO POINT OF DELIVERY: The sizes of contractor's pipelines shall be (i) 14 inches inside diameter at the Reese Point of Delivery; and (ii) 4 inches inside diameter (with a 2 inch meter) at the Cagle Point of Delivery. 8. ALTERATIONS AND ADDITIONS: None B. All of the remaining terms of the Contract, except as expressly modified and/or amended herein, shall remain in full force and effect and unchanged by this instrument. EXECUTED AND EFFECTIVE this the 20th day of June 2000. CITY OF LUBBOC am 4� 1.,'i WINDY SITTON, MAYOR ATTEST: W&Jju L41 xayt Darnell, City Secretary UNITED STATES OF AMERICA BY: �L- (Signature of Site Man2&-)— Amendment and Modification of utility service Contract Page 2 of 3 APPROVED AS TO CONTENT: —7 erry Ellerb ook Managing Director Water Utilities APPROVED AS TO FORM: r 10_::: r- — Richard K. Casner Natural Resources Attorney RKQcp CityatURichard/ModUtilityServiceContnut.Agmment May 11, 2000 Amendment and Modification of Utility Service Contract Page 3 of 3