HomeMy WebLinkAbout1992-032corinth o
ORDINANCE NO 94P-03al,
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO A
WHOLESALE WATER SUPPLY AGREEMENT BETWEEN THE CITY OF DENTON AND THE
TOWN OF CORINTH, TEXAS, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor 1s authorized to execute the
attached amendment to a wholesale water supply agreement dated May
14, 1985 between the City of Denton and the Town of Corinth, Texas
under the terms and conditions contained within said amendment, a
copy of which is attached hereto and made a part hereof
SECTION II That this ordinance shall become effective
immediately upon its passage and appro al
PASSED AND APPROVED this the ;day of , 1992
ATTEST
JENNIFE'R WALTERS, CITY SECRETARY
BY
A ROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
ORIGINAL
AMENDMENT OF AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND
THE TOWN OF CORINTH, TEXAS
Recitals
On May 14, 1985 the City of Denton (Denton) and the Town of
Corinth (Corinth) entered into an agreement (the Contract), a copy
of which is attached, providing for Denton to supply wholesale
treated water to Corinth For the water year 1991 (June 1, 1991 to
May 31, 1992), Corinth's requested demand was established at
1,250,000 gallons per day (1 25 MGD) Corinth is now proposing to
provide for peak water demand by drilling one or more water wells
to serve its water supply system and would like to reduce its
demand below what would otherwise be required under the Contract
Denton is agreeable to allowing for a reduction in demand in
consideration of Corinth committing itself to ultimately obtaining
its wholesale water supply from the Upper Trinity Regional Water
District or some water supply source other than the City of Denton
AGREEMENT
The parties agree to amend the Contract as follows
1 That paragraph 2 3 ("Water Year") is amended to read as
follows
2 3 "Water Year" shall mean the period of time from
June 1 to May 31 of the succeeding year, for which the
annual water requirements of Corinth shall be determined
and established, except as otherwise provided for in this
Contract
2 That Section 3 0 ("Volume and Demand Determined for Each Water
Year"), is amended by adding a new paragraph 3 4 to read as
follows
3 4 Notwithstanding any other provision of this
section 3 0, beginning on October 1, 1992, Corinth's
requested demand shall be set at 1,000,000 gallons per day
(1 00 MGD) and shall remain at that level until September
30, 1993 At least 120 days prior to October 1, 1993,
Corinth shall make its written request for demand for the
period of time from October 1, 1993 to May 31, 1994, but
the requested demand shall not be less than 750,000 gallons
per day (0 75 MGD) The demand as requested by Corinth for
the period of time from October 1, 1993 to May 31, 1994,
shall establish the demand Denton will make available to
Corinth for water year 1994 and each water year thereafter
32 Paragraph 4 4 is amended to read as follows
4 4 Corinth shall pay the demand charge established
by ordinance on the specified demand in accordance with the
following schedule
Demand
June 1, 1991, to September 30, 1992 1 25 MGD
October
1,
1992,
to
September 30, 1993
1 00 MGD
October
1,
1993,
to
May 31, 1994
As requested
Beginning with the 1994 water year (June 1, 1994, to May
31, 1995), the demand charge for that water year and all
subsequent water years shall be based on the demand
requested for the period of time from October 1, 1993, to
May 31, 1994
3 Paragraph 4 6 is amended to read as follows
4 6 If Denton fails to make available the requested
demand that applies to a water year during the period of
time from June 1 to September 30 for thirty (30) or more
consecutive days, the adjusted annual demand charge for
that water year shall be calculated by using the maximum
rate of delivery for such days divided by the requested
demand, times the current annual demand charge
4 This amendment shall take effect on , 1992
Signed , 1992
CITY OF DENTON
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON
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APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON
BY 1 �_
ATTEST
CITY SEC ARY,
TOWN 7 CORINTH, TEXAS
109121C
TOWN OF CORINTH, TEXAS
SHIRLEY SPELLER ERG, MAYOR
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