HomeMy WebLinkAbout1940-0046 - Ordinance - 05/07/1940Ordinance # 46.
THE STATE OF TEXAS'; 0
COUNTY OF BRAZOD
KNOW ALL MEN BY THESE PRESENTS:
"That this contract and agreement made and entered into by and between
the City of Bryan, Texas, a municipal corporation, acting herein by its Mayor,
Ivan Langford, duly authorized by a resolution passed by the City Commission of
the City of Bryan, hereinafter called City; and the City of College Station, Tex-
as, a municipal corporation, under the laws of the State of Texas, acting here-
in by its Mayor, Frank G. Anderson, duly authorized by resolution, to enter into
this c.ontra.ct, hereinafter called College Station, WITNESSETH:
That whereas the City of Bryan is engaged in the sale of water and has
extended ita line to connect with the lines of the College Hills Estates and in
the vicinity thereof, within the City of College Station, Texas, and whereas the
said College Station is desirous of buying water at wholesale from the City's
plant:
Now, therefore, the City agrees to sell to the City of College Station
at a certain point on its line, which will be connected with the College Station
distributing lines to furnish said territory water at the following annual rates:
Fifteen and one-half cents (152' per thousand
gallons up to twelve (12) million gallons;
Fifteen cents (15') per thousand gallons for the
next ten million gallons;
Fourteen and one-half cents (142) per thousand
gallons for the next ten million gallons;
Fourteen cents (14¢) per thousand gallons for all
water used over thirty-two million gallons.
In addition thereto, the City Agrees to furnish water in said area for
fire purposes at the rate of Ten and no/100 ($10.00) per hydrant per annum in-
stalled in the territory of the distributing lines of said College Station;
same payable.annually in advance, and first rayment upon 30 days after the ex-
ecution of this contract and annually thereafter.
The said water will be paid for monthly on bills -rendered and in the Tro-
portion of the prices here fixed; that is to say, that until the first 12 million
gallons are used, the accounts will be based on the price of 151/, and so on at
the rates fixed for each year under this contract.
find the said City of College Station agrees on its part as part of the
consideration herein, that it will use the rates promulgated now and hereafter
by the City in retailing water, and that it will maintain its distributing lines
and provide service for its customers, and that it will pay for the water at
wholesale prices as hereinbefore set out, and same *1111 be measured and maintain-
ed by meters to each of the customers of the said City of `college Station, Texas.
It is further understood and agreed that the City of Bryan will not
retail water within the territory of the distributing lines of said City of
College atation, and said City of College Station is to furnish water for the
Eastern portion of the City of College Station, Texas, but will not furnish
water outside of its limits, and within its limits, whether on the line or not,
the said City of College Station will charge the same rates as the City of
Bryan retail rates.
This contract. will exist for a term of five years, and may be re-
newed at the option of the City of College Station at the end of said term upon
such term and conditions as may be.then agreed upon.
This contract is blnding on the successors and assigns of both cor-
porations.
Since it is necessary, in order to furnish water at wholesale by
the City of Bryan, that right -of ways and easements be secured across any streets
or highways in taid City of College Station will give such franchise as is nec-
essary for it to operate within said City during the term of this contract or
any extension thereof.
It is understood and agreed that violation of the consideration
herein and all of the conditions herein set out or made a part of the consideration
of -this eontract, the City of Bryan will have the right to cancel said contract
for non-payment of its bills monthly as same accrue, or will have the right to
sue for specific performance of this contract.
It is further understood and agreed that the City of Bryan will furn-
ish sufficient, wholesome water from its new system, and will maintain sufficient
pressure to furnish to all its customers of the City of College Station's dis-
tributing lines.
It is however, further understood that the City of Bryan will not
be liable for failure to maintain the pressure or furnish water any Further than
its liability extends to its own citizens, but that in the event of an emergency
that the City of College Station will be treated in the same manner as the other
cistomers of said City of Bryan. And in the event it is necessary to curtail the
dupply of water, that the water will het be cut off or curtailed to the City of
College Station any further than to the other customers; in other words, it will
be on a parity with all other customers of said City. It is furhter understood
that the City will not be liable for any break in the mains beyond its meter, and
in the event .the main breaks on the City's side of the meter, the City will be
required to use due diligence in repairing same, as well as due diligence in
furnishing water at all times during the term of this contract.
It is further understood and made a part of the consideration hereof
that the retail customers now on said line will pay the rates not promulgated by
the City of Bryan and that within sixty days from the date hereof that each retail
customer will have a water meter installed and such other cistomers that are added
to the line from time to time will be required to hve meters, and the requirement
for meters is a part of the consideration for the sale of this water as provided
in this contract.
In the event the City of College Station acquired the distribut-
ing lines from the meter established by the City of Bryan to the line of said
city of Bryan that connects with the College 'ills Estates, that the City of
College Station will buy said line and will pay for same at construction most.
The City of L'ollege Station agrees to allow the City of Bryan
to inspect the books of the City of College Station 16y the City Secretary or
any other authorized employee of the City of Bryan so that information as to
prices, amount of water used and other data can be obtained by the City of Bryan,
and the City of Qollege Station, on its part, will have the right to read and
check the meter of the City of Bryan and have access to any books and other
information necessary to protect itself in the purchase and payment of said
water by w-olesale.
iVintess the signatures:-.and'seals.of:.the City of Bryan and the City
of College Station, Texas, by their respective Mayors, this the 7 day
of May , A.D. 1940.
ATTEST:
Guy P. Bittle
city Secretary
ATTEST:
Lucy L. Sneed
Asst. City Secretary
THE CITY OF BRYAN, TEXAS
BT Ivan Langford
THE CITY OF COLLEGE STATION, TEXAS
By: Frank G, Anderson
Ordinance # 46.
THE STATE OF TEXAS )
COUNTY OF BRAXOS ) KNOW ALL MEN BY THESE PRESENTS:
04
"That.this'contract and agreement made and entered into by and between
the City of Bryan, Texas, a municipal corporation, acting herein by its Mayor,
Ivan Langford, duly authorized by a resolution passed by the City,Commission of
the City of Bryan, hereinafter called City; and the City of College Station,
Texas, a municipal corporation, under the laws of the' State of Texas, acting
herein by its Mayor, Frank G. Anderson, duly authorized by resolution, to enter
into this contract,hereinafter called College Station, WITNESSETH:
That whereas the City of Bryan is engaged in the sale of water and has
extended its line to connect with the lines of the College Hills Estates and in
the vicinity thereof, within the City of College Station, Texas, and whereas the
said College Station is desirous of buying water at wholesale from the City's
plant:
Now, therefore, the City agrees to sell to the City of College Station
at a certain point on its line, which will be connected with the College Station
distributing lines to furnish said territory water at the following annual rates:
Fifteen and one-half cents (15) per thousand
gallons up to twelve (12) million gallons;
Fifteen cents (15¢) per thousand gallons for the
next ten million gallons;
Fourteen and one-half cents (14¢) per thousand
gallons for the next ten million gallons;
Fourteen cents (14¢) per thousand gallons for all
water used over thirty-two million gallons.
In addition thereto, the City Agrees to furnish water in said area for
fire purposes at the rate of Ten and no/100 ($10.00) per hydrant per annum in-
stalled in the territory of the distributing lines of said College Station;
same payable annually in advance, and first payment upon 30 days after the ex-
ecution of this contract and annually thereafter.
The said water will be paid for monthly on 'bills rendered and in the pro-
portion of the prices here fixed; that is to say, that until the first 12 million
gallons are used, the accounts will be based on the price of 1 5¢, and so on at
the rates fixed for each yearunder this contract. .
And the said City of College Station agrees on its part as part of the
consideration herein, that it will use the rates promulgated now and hereafter
by the City in retailing water, and that it will maintain its distributing lines
and provide service for its customers, and that it will pay for the water.lat
wholesale prices as hereinbefore set out, and same will be measured and maintain-
ed by meters to each of the customers of the said City of College Station, Texas.
It is further understood and agreed that the City 0±'. Bryan will not
retail water within the territory of the distributing lines of said City of
College Station, and said City of College Station is to furnish water for the
Eastern portion of the City of College Station, Texas, but will not furnish
00102
water outside of its limits, and within its limits, whether on the line or not,
the said City of College Station will charge the same rates as the City of
Bryan retail rates.
This contract will exist for a term of five years, and may be re-
newed at the option of the City of College Station at the end of said term upon
such term and conditions as may be then agreed upon.
This contract is binding on the successors and assigns of both cor-
porations. •
Since it is necessary, in order to furnish water at wholesale by
the City of Bryan; that right-of-ways and easements be secured across any streets
or highways in said City of. College Station will give such franchise as is nec-
essary for it to operate within said City during the term of this contract or
any extension thereof.
It is understood and agreed that violation of the consideration
herein and all of the conditions herein set out or made a part of the consideration
of this contract, the City of Bryan will have the right to cancel said contract
for non-payment of its bills monthly as same accrue, or will have the right to '
sue for specific performance of this contract.
It is further understood and agreed that the City of Bryan will furnish
sufficient, wholesome water from its new system, and; will maintain sufficient
pressure to furnish to all its customers of the City of College Station's dis-
tributing lines.
It is'however, further understood that the City of Bryan will not
be liable for failure to maintain the pressure or furnish water any further than
its liability extends to its own citizens, but that in the event of an emergency
that the City of College Station will be treated in the same manner as the other
customers of. said City of Bryan. And in the event it is necessary to curtail the
supply of water, that the water will not be cut off or curtailed to the City of
College Station any further than to the other customers; in other words, it will
be on a parity with all other customers of said City. It is further understood
that the City will not be\liable for any break in the mains beyond its meter, and
in the event the main breaks on the City's side of the meter, the City will be'
required to use due diligence in repairing same, as well as due diligence in
furnishing water at all times during the term of this contract.
It is further understood and made a part.of the consideration hereof
that the retail customers now on said.line will pay the rates not promulgated by
the City of Bryan and that within sixty days from the date hereof that each re-
tail customer will have a water meter installed and such other customers that
are added to the line from time to time will be required to have meters, and the
requirement for meters is a part of the consideration for the sale of this water
as provided in this contract.
In the event the City of College Station acquires the distributing
lines from the meter established by the City of• Bryan to the line of said
city of Bryan that connects with the•College Hills Estates, that the City"of
College Station will buy said line and will pay for same at construction cost.
The City of College Station agrees to allow the City of Bryan
to inspect the books of the City of College Station by the City Secretary or
any other authorized employee of the City of Bryan so that information as to
prices, amount of water used and other data can be obtained by the City of Bryan,
Lib
and the City of College Station, on its part, will have the right to read and
check the meter of the City of Bryan and have access to any books and other
information necessary to protect itself in the purchase and payment of said
water by wholesale.
Witness the signatures and seals of the City of Bryan and the City
of College Station, Texas, by their respective Mayors, this the 7th day
of May , A. D., 1940.
ATTEST:
Guy P. Bittle
City Secretary
,ATTEST:
Lucy L. Sneed
Asst. City Secretary
THE CITY OF BRYAN, TEXAS
BY Ivan Langford
THE CITY OF COLLEGE STATION, TEXAS
By: Frank G. Anderson
00104