HomeMy WebLinkAboutResolution - 2000-R0404 - Amendment To Contract - Lubbock County Water Control And Improvement District - 11/07/2000Resolution No. 2000-RO404
November 7, 2000
Item No. 33
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 of Contract
between the City of Lubbock and Lubbock County Water Control and Improvement
District No. 1, and any other related documents. Said Contract 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 7th OaY of Nov mber , 2.000.
WINDY SI O , MAYOR
ATTEST:
Raythid Damell, City Secretary
APPROVED AS TO CONTENT:
- Q ,
LQ2
Terry Elle rook
Managing Director Water Utilities
APPROVED AS RM:
Richard K. Casner
Natural Resources Attorney
RKC:cp Ccdocs/C0L-LCWC1D1st1.Res
September 21, 2000
Resolution No. 2000-RO404
November 7, 2000
Item No. 33
AMENDMENT OF CONTRACT
This Amendment of Contract is made by and between the City of Lubbock (the
"City"), a home rule municipal corporation located in Lubbock County, Texas, and the
Lubbock County Water Control and Improvement District No. 1 (the "Wholesale
Customer"), a conservation and reclamation district in Lubbock County, Texas.
WHEREAS, pursuant to Contract dated on or about July 13, 1989, the City and
the Wholesale Customer entered into that certain contract providing for, among other
things, the purchase of water from the City by the Wholesale Customer (the "Contract");
WHEREAS, certain circumstances have changed since the inception of the
Contract, the City and Wholesale Customer now desire to amend the term of the
Contract.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which being acknowledged herein by City and Wholesale Customer, the City and
Wholesale Customer hereby agree to amend the Contract, as set forth below.
1. Section 6-4 of the Contract is deleted in its entirety and replaced with the
following, to -wit:
6.4. Term of Contract
The term of this. Contract shall be (i) a period of thirty (30) years from its
effective date; or (ii) for so long as the water supply for the wells of the
Wholesale Customer, as depicted on Exhibit "A" attached hereto (the "Wells"),
shall contain nitrate levels exceeding 10 mg/l, whichever is longer. The City is
granted the right to enter upon lands of Wholesale Customer at all reasonable
times and to test the Wells and/or the water supply for the Wells during the term
of this Contract. Any test results of the Wells received by either the City or
Wholesale Customer shall be provided, at no expense, to the other parry on or
before thirty (30) days of receipt by testing party. Wholesale Customer is given
an option and contract for an additional period of thirty (30) years provided that at
least twenty-four (24) months prior to the expiration of the initial term of this
Contract, City and Wholesale Customer, in good faith begin to negotiate another
contract pertaining to purchase of water from City by Wholesale Customer
containing mutually agreeable terms and conditions. If another contract is not
consummated, City shall not terminate service until Wholesale Customer has had
a reasonable time (such time not to exceed two (2) years), in which to procure
alternate service and this Contract shall remain in force until Wholesale Customer
procures alternative service or the expiration of two (2) years, which ever event
occurs first.
2. Except as expressly amended by this Amendment of Contract, all other
terms and provisions of the Contract shall remain in full force and effect as originally
provided therein.
SIGNED this the 7th day of November , 2000.
CITY OF LUBBOCK: LUBBOCK COUNTY WATER CONTROL
1A AND IMPROVEMENT DISTRICT NO. I
44
By: Ov'�/-"k
WINDY SITTON, MAYOR /- / I e
Name: Jerry Robertson
Title: General Manager
ATTEST: ATTEST:
Kaythiearn�eli, City Secretary
A OVED AS TO CONTENT:
4
Terry E rbrook
Managing Director Water Utilities
APPROVED AS FORM:
Richard Casner
Natural Resources Attorney
RKC.ep Cityatt\Richard\WholesaleCustamer-ContractAmendment-RL-A
September 25, 2000
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