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HomeMy WebLinkAboutResolution - 2249 - Memo Agreement - Pampa - Water Purchase - 02/13/1986JWF:,js RESOLUTION Resolution #2249 February 13, 1986 Agenda Item #33 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 Acknow- ledgement and Agreement in Memorandum form with the City of Pampa for the purchase of 80090009000 gallons of water from the City of Pampa by the City of Lubbock as set forth in said Memorandum of Agreement, 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 Resolu- tion as fully copied herein in detail. Passed by the City Council this _ 13th day of ATTEST: anette Boyd, City Secretary APPROVED AS TO CONTENT: WilFsjrO D.atson, Chief Engineer, Water tilities APPROVED AS TO FORM: !j u: q's" p J. Wopth Fullingim, AssistantC ty i Attory February , 1986. ALA HENRY, MAYOR Resolution #2249 TO: CITY OF LUBBOCK, TEXAS SUBJECT: Sale of Water by City of Pampa, Texas, from its allocation from the Canadian River Municipal Water Authority. THIS MEMORANDUM is to set forth the agreement between the CITY OF PAMPA, TEXAS ("Pampa") and the CITY OF LUBBOCK, TEXAS ("Lubbock"), each acting by and through its duly authorized officer, for the sale by Pampa to -Lubbock of surplus water from Pampa's 1986 allocation from the Canadian River Municipal Water Authority ("CRMWA") from Lake Meredith. Pampa agrees to sell to Lubbock, and Lubbock agrees to purchase from Pampa, 800,000,000 gallons of untreated water to be delivered to Lubbock at Lake Meredith (subject to the adjustment hereinafter provided). Said water shall be taken by Lubbock no later than December 31, 1986, at which time this agreement shall terminate. Lubbock agrees to pay to Pampa, at Pampa, Texas, no later than May 1, 1986, a lump sum cash consideration of $119,816.00 for the 800,000,000 gallons purchased hereunder, whether or not the total amount is taken by Lubbock; subject, however, to the adjustment hereinafter provided if such surplus water is not available. Lubbock further agrees to pay all expenses relating to the delivery of said water, including, without limitation, all pumping, chemical and pipeline costs. _ No warranty, express or implied, as to the fitness of any water to be sold hereunder is made by Pampa. This agreement is contingent upon: (1) the approval by the governing body of Lubbock; and (2) the approval by the Board of Directors of CRMWA and the ability of CRMWA to transport the water to Lubbock through the existing pipeline serving Lubbock. If, because of circumstances beyond the control of Pampa, its 1986 water allocation is reduced by CRMWA so that it does not have surplus water over Pampa's estimated needs to furnish the amount of water being sold hereunder, that lump sum price will be adjusted based on 14.977 cents for the amount of water which can be furnished by Pampa. If this sets forth your understanding of our agreement, please acknowledge your agreement at the place indicated below and return three executed copies to us. We will submit this agreement to CRMWA for its approval and, upon such approval, forward you a fully executed copy. Respectfully submitted, CITY OF PAMPA, TEXAS Sherman Cowan, Mayor ACKNOWLEDGED AND AGREED TO this the 13th day of February 1986. CITY OF LUBBOCK, TE APP-RO ZED 1,5 TO B Alan Henry, LMayor APPROVED this the 9th day of April , 1986. W.A CANADIAN RIVER MUNICIPAL WATER AUTA.Willi-am�s, � B JohGeneral Mgr. all . d If, because of circumstances beyond the control of Pampa, its 1986 water allocation is reduced by CRMWA so that it does not have surplus water over Pampa's estimated needs to furnish the amount of water being sold hereunder, that lump sum price will be adjusted based on 14.977 cents for the amount of water which can be furnished by Pampa. If this sets forth your understanding of our agreement, please acknowledge your agreement at the place indicated below and return three executed copies to us. We will submit this agreement to CRMWA for its approval and, upon such approval, forward you a fully executed copy. Respectfully submitted, CITY OF PAMPA, TEXAS Sherman Cowan, Mayor ACKNOWLEDGED AND AGREED TO this the 13th day of February 1986. CITY OF LUBBOCK, TE APP-RO ZED 1,5 TO B Alan Henry, LMayor APPROVED this the 9th day of April , 1986. W.A CANADIAN RIVER MUNICIPAL WATER AUTA.Willi-am�s, � B JohGeneral Mgr. Z17 Y DF 111MB—M .MEMO D:Wia j' j j:e-*atson Water Xti l t :es FROM: �Ranette Boayd City Secretary MATE: August'722, '11986 ur -permanent files _are missing the orisinall -Acknowledgement and Agreement in Memorandum -form with the 'C!tY of pampa -for the purchase of 800,000,000 gallons of water passed :by, Oounci l = -February -1.3. a3.9B6.