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Home My WebLink About01-28-1976 W_: . 1 ` fitiNtq-a -28 3abuir*i1976 y f~ Mr. James W. White City Unnnger of Denton y Municipal Building 1I Denton, Texas 76201 r: it I ~ Dear Mr, Whiter I Z am inolosing dtagt`wtate>: rupp~y.CetutrA41 t,6S,pt~ttlti X~Sbti for your use in praparjnj; F.or, the continuing Texas water ltighta Combi'ission F Hearing tentatively set for 17 nebrunry 1976, 1 have included the latest draft contracts between the Oavernment and the cities of Denton and Dn].}.ae In accordance with our telephone conversation on 20 January 1976, The fhree sate of contrnotn incloned show the submisoiens in January, tune, i and ttovcmbor 1975 and the chhn,nes anaoaiated with aach, i, X appreciate your update concerning the timetable of events necessary to move Aubrey Lake to a construotion start, 7f i can be of further aasistnnce to you please call oa tae, Mearaly yours, ~-j ti 3 rnel RAY L. BROOLU JR. As stated Chioi', Program besvelopment Branch `FAT 0EPARTMENT OF TH[: AFjMY 110FIT worc £1 01srRIGT. conrs or ENGINEERS 0. BOX 17300 - f'0RT WORTH. Ti:XAS 76102 REPLY YO Al iU47ION 011, i SWFED-PC 16 January 1175 £ SUBJECT: Aubrey Lake - Additional Data for Design Memorandum No. 2 - General and Local Interests Participation Division Fnglneer, Southwestern 1. Refer to: ~ i i as Letter SWFED-~PC dated 25 September 1974, subject: Aubrey Lake, I Design i•;amorandum No. 2 - General; Project Formulation, Supplemental Information. i i b. Letter swrED-PC dated 3 October 19741 subject: Allocation of F Costs of Improved Housing Standards, with three Indorsements, 2„ Inclosed are a letter of assurances of cooperation In subject project Wildlife from the city of Dallas and a letter from the Texas Parks Department which are forwarded for.Inclusion In exhibits4Aandw5, respectively, of the report submitted by reference la. 1 3s We understand that these letters will provide the remaining Information needed by the Offlcep Chief of Engineers to approve the Aubrey Lake General I Design Memorandum and the project cost allocation. 4. 'Inclosed also are draft copies of the water supply and recreational development contracts with the cities of Dallas and Denton for your review 1 and comments. These drafts are based on the project data In the report submitted by reference )a, They are In final form for submisslon to the titles for execution when approval of the General Design Memorandum is received. 54 The water supply contracts have three deviations from the standard format directed by ECI A-313.3, ER 1180-1-I4 For ready location, these are marked by red pencil asterisks In the margins of the first copy of inclosures 3 and 4. The devlatlons are as follows: p,' Article 5a(2), Annual pnyments are made due on the anniversary date of notification by the Contracting Officar that the project Is operational f ~s"r'lail5. -l 4 H. 1 f SVIFED-PC 16 January 1975 SUBJEM Aubrey Lake - Additional Data for Design Memorandum No, 2 w General and Local Interests Parttclpatlon for water supply purposes In lleu of on the anniversary date of the first payment. We feel this wording will avoid the possibility of a delinquent first payment raising a moot question regarding the proper due date, b. In Article 51b, we feel that the costs of project sedimentation re- 'urveys should also be shared by the water supply function of the project, 1 and this provision has been Included. c, in Article 5c, the re uirement f q or payment of operation and maintenance charges covers a general annual period, and no due date Is specifled, Contract administration problems will bo avoided If collection terms aro.more specific, We have added language which we feel will make the agreement more clearly understood by both parties. i The recreational development contracts are In accordance format of ECI A-311, with the standard The guidance in reference 16 has been followed in determining project costs to be reimbursed by local Interests as shown in j the Inciosod contracts. i 1 b, We recommend expedited approval of the Aubrey Lake GOM and the contract deviations presented above so that execution and approval of the contracts can be obtained and a construction start achieved in FY 1975. FOR THE DISTRICT E L NGIWEERt b I nc l C Ir. 1. Ltr assurances-Oallas (11 cys) LTC C CY i 2.,Ltr Texas Parks E Wildlife Oeput~ Dis 'lot Engineer f Dept (11 cys) 3t w/s contr draft-DDIlas (quint) li4 w/s contr draft-Denton (quint) 5, Rec dov contr - draft bi alas (quint). 6. Roo dev contr draft Denton (quint) Copy furnished HQDA (DAEN-CWE-8) w 20 cys of inclosures I and 2 2 F . l ~ ` °s ~ . , r CucttrncG rdo, 17nCWG3~' cola~rltnca~ 1;h'rl•rrr;~l 'r'1:1; uhl'cla~ s'rn'rrls or nru;rizcn nrll, • Tlrl: czrx ors nnl,l.ns, 'rums . 4Vn'rLlt s~rolv,cl; SraGl. Jrl nUnl~l;olinul) I,I,I•rasvzJ,l,r; I.nrrs 'z'l~~ns THIS COtI'fknCT, entered 9nto this batwecm lha Ilnited SGntc'% of naiericn (hez'ein~tf.terfcalJ.ed the Govarnute~t}end ' rap)r~,rnted hy~ Che Contrttatin;; Ofl~iccr c:>;ecuti~tP, thin cont:rnr.t, anti t}ta Ci.Cy of` Halms, Dn11as Cuunty, Texan (hereinafter cnlJ.ect the Caty}, 1dI'1'WI:$S1's'C11 'J.IIAT: 1J11L11En5, i:lte River and }Inrbor ncG u1.° 19G.`i (79 Stet, 109 ~ ~ l:be <:on~iGrur.Gi.un, opernt:lott, qnd ulniatenanau oI nubs 1) auClta>•ixad ~ cal.J.ed the L~rn,faot) un the Js],m lurk at I:ho '1'ran ty iZi,vr.t,~yin therStdl•etnf Taxes; and j ti111:1214A5, the. ]'ro~eat will iualuda :,forage for flood control tahir.Jt will ;)r.t.Ynit Lhe I:ran:cfi,r of f:l.uoci coutrul stot'age to Che I't•o,~acG from I.esofsville 1 la!<e (i,untc:diakaly J~trnctreflm f-Twn the 1'ra,ject) fled make availflUle in i I,awisvi.J.]a Lal:c at ~ t uyuivnl:ent amount of rtt,orttge for additional avatar aupnly f ~ ~ fyr municipal and industrial usan; and I l ~ ~ Gl;rlildl~:n5~ the City desire!; Ga contrar.G wLCh tha GovrrumenG far Gha aso of: stura;;e iltcludad in tha I'rq,jacG nud the additlonul sGOrn~e to be tnada I ~ avnilabJ.u in I.csai.svi.lla I,alco Cor municipal and Industrial slatar su )1 and £otc payment of Ghe ao;tt thareof it) acoorctancp s~lth the pl Y, { , Supply AcG of 1958, as flmc;nded (43 U.S,C, 390b); and provi,siot?s o): the tdatar W111,R13A5, Ghe City is empo~~,ered so to contraat with tlta Government and ig vostedwith a1.1 the neuc~esc~ry ;>o4aers for nccompli:~hmenC of Che piirposns { of this contract, includiltg thosa rnquircd by Seation 221 of Gha k'lood Contra! E Act of 7.970 (~t2 U,5.C~ 19G2d-5b); NUfP, TH1i~,1<Cr~, the Government and the CiCy a~raa as fo].lnwes AkT1CI,t; 1. 4latC_~r. _yt, ~rEr.~r._apaoe. i I,, a, Yroieat c~nsl:ruction, The Covarnmant, subject Lu tfte directions of l±ade>'a? law and nny .1imi,cnci.onq imposed thareby, shall desi.Cn and construct the 1'ro,~net ~o as to }.nclude therein spnen for tha storn~a of tdater-h th 4 City and Hpflea for tiro storage of floadsaathrs t-~hich tai7.1 permLC tiro Y ~ ' reallocation of f).aod control storage in I.awisville Lnke. to municlpa! and i~tdudtrifll avatar supply storage, ' b. ' Ri hts of the Ci.Gv, ~ ~1) T1te City xtta],l Nava rite right to utiiixa (a} an undivf.dad 74.0 pcrcenG (estimaCed to contain 554,400 acra~foet. 9ftar ad~ustmeat far 4l fr ^ 4~ 1 ~ • n. E „ F f ,i tj I seditranC deposits) of the Local storal;e apace in the Projer_t Uutveen clevati.ona 550,() feet above mean at; level •mxl 6325 feet: ab > leVCl, Saliieh Col:nl. ,I:ot'ttge pace is eatinrated Co contain 74h,20onlacre-fect'. after adjustment for sedim,.Ett dcpo,its, and (b) an undividecl 7r n,0 percent (CSLimaCcd to conL,tin 102,].00 a<tc feet after adjueLment for J~e(l iuu:nt feet sl.ts) n£ tine total st.orat;e space in Luair,vi.l.le Lake betwoc.), elevations 51.'j, fe above mean out level and 522 fee E: above mean sea level, which total ,toa'a(e Space is caLiunated ;.o coiltain .138,000 ncre_-feet, after adj,usimeot for sediment depoaiLs. The storage splice in 'hetai.svl.llr. I,alce is to be used to i,mpouud water for present demand or need for. municipal alit i.ndustr.tol tauter supply; and the storage Space 1.11 the Project is to be used to impotmd water for present and r ~L1 anticipated future demands or nerds for m(nl,elpal. and industrial water supply. In the Project, 50 percent ~ 1 (tit) estimated 277,200 acre--feet:) of rite space which t:he city has a right to ut:ilJzce is for present use water storage, and t ' 50 percent (nn estimated 2770200 acre-feet) is for future use water Storage, I (2) The. City shall have the right to withdraw water from the two lakes, or to order releases, to be made by [lie Government through the outlet works in the tams, subject to the provisions of Article le and to the extent the aforesaid storage spacers will provide; and shall have tile. right to 1 construct all. such works, plants, pipelines, and appliances as may be f 'necessary and convenient for the purpose of diversions or withdrawals subject f f to the approval of tile Cuntractiitg Officer as to design and location, The f grant of ea8emcnta for right-of•-way across, in, and upon linW of the Govorilment tit tile, Project and at Lewisville Lake Shall be by a separate instrument In a form satisfactory to the Secretary of the Army, without additional cost to the city, tinder the 'authority of and in accordance with the provisions of 10 U.S.C. 2664, Subject to the conditions of such easements, the City shall have the right to use so much of the project and Lewisville Lake lands as , may reaaonably be required inn the exureise of the rights and privileges heroin granted, o, ki hts reserved, The Government reserves the right to lower the water in the project to elevation 632,5 feet above mean sun level and to 2owar the water in Lewisville Lake to elevation 522,0 feet above 'seen sea level during such periods of time as is deemed accessary, in its sole discretion, for flood control purposes, The Covernment further r.eservos the right to take such measures as cony be necessary in the operation of the Project and Lewisville Lake to preserve life or property, d. ual.it or ntvnilabil~i x Of water, The City recognizes that this contract provldos storage space for raw water only, The Government makes no roprosontatIona with respect to the quality or availability of water and assumes no responsibility therefor, or for the treatment of water, AUTTCLI: 2, Re u].ntlon of and right to use"'of water. The r.egulntion of the use of water withdrawn or released from the aforesaid storage space shall be the sole responsibility of the City, The City has the full responsibility to acquire in accordance with state laws and regulations and, if necessary, to establish or defend, any and all grater rights needed for utilization of ' 2 , the storages provided tinder t:hi:; cuul:rttct, The'Govcl.nnenC shall not be responsi.blc' for diversionr; by oChcmr;, nor. a+1].J. iC bcconu: as party to ally controvctsies involvinl; Chu use of the storage drat or, by Clio Cit=y except "I'.1 such controvct'sics may nffeeL the operat onr,.of the Government. ARTICLE 3, ~pt+ration and mtrinl'ollancc. 'T'ile Covurnmcnt shall opc•ratc and maintuin the Project and IC~tfsva.ilc. Luke and the CJty shill pray to the Government: a share of the cults of such oporaLion and mai.nt4nonce as provided in Article 5. The City shnl.l. be responsibl.e. for operation and muinCeutnncc of all, installaCions and facilities which it may constrncL for the di.ver.r,ion or 1 withdrawal of water from the two laps::;, and shall bear all costs of construction, operation, and maintenance of such Jnstallotions and faciliLJ.es, ARTICL1i it, IfenJsuremcnt~of withdrawals and relc_isat;. The City agrees to furnish and infitall, ui it cost to tile~GovernmenL, Suitable meters or mea:Turing devices satinfacCory to tine Contracting Officer for the moasuremene j of water which is withdrawn from the Project or Lewinville Lake by any means other than through the Project or Lewisville Lake outlet works. shall furnish to the Government monthly statements of 1111 such wit+Ide City rawals.- Releases from Clio water .,apply atorage spaces through the Project: or Lewisville Lake outlet works shall be made in accordance with written schedules furnished by the City and approved by the Coutri6tlug Officer and shall be subject to i { Article le. The measure of all such releases shall be by means of a rating curve of the outlet works, or by such other cuitable moans nn may be agreed E i upon prior to use of Clio water supply storage space or spaces, ' ARTICLB 5. moments. In consi.darati.on of the right to utilize the e£orosntd storage spaces in the Project and Lewisville Lake for municipal and f j industrial water supply purposes, the City shall pay the following F;rnns to E the GovernmentI 84 Prn3act investment costs. (1) The City shall repay to the Government, at the times rand with interest on the unpnid balance as horainafter specified, the amounts stated below which, as shown in Uhibit A of thin contract, constitute. the entire estimated amo mt of the const:ructi.oi: costa, including Interest during con- struetion, allocnLed to the water aCoraga rights Acquired by the City under this contract, The interest rate to be used for purposes of computing interest during construction and interest on the unpaid balance will be determine mine t h Secra • d b tarY e of the Tre Y asury as of L•he beginning of the fiscal year in tahieh construction of the project is initiated, on the basis set forth in tine )dater Supply Act of 1958, as amended, Such interest rate at the time of negotiation of this contract (Government fiscal year 1975) is 4,371 percent, The. City . shO l repays 74 percont of the construction cost of specific water supply faeiliLios, estimated at $ 107,300 53,!./x3 percent of the total Project ,joint use. construction cost, estimated at $66,383,600 Intereet luring construction, estimated at $ 5,936,600 Tottil estimated amouint of project investment coat tM.ocated to 74 percent of the water supply $72,427,500 3 w _ f; EI Il sl (2) The Project inVentlllent cool' allocated to the storage. npalcoo indicated in Article 11)(1) oa being provided for prenellL demand is cilrrenLly estimated at $37,409,250, on I:he basis of the Costa pr.r.scuted In Eallihit A of this cuntrnr.t. The amount of the Project iuvesLnlent coat allocated to the storatgea fel' IMMCnt demand shall I,o paM ill A con;ecutl.ve annual prlyrnents, tile- first of which shall be clue rind payable o1.11-11 n 30 days oftc:r the City is notified by the Contracting Officer that the, fto.lect is completed and operaitiona.l for water supply purposes. Annual payme'ats thereafter wi1.1 be due.an(l payable on Life. anniversary data or. said notification by the contracti.nl; Officer. )`:xcept for the first payment, which will be applied solely to the retirement of principal, '113. pnylneilts shall. include accl•ued I~ - }I interest sit the Unpaid balance at; t:ho. rate provided above. The l.aiol annual 'I payment shall he adjusted upward or, downward when clue to assure rcpayulent of ! till of the filvestuienL cost al.locatod to the storages for present demand within j 50 years. I (3) The amount: of the project: investment cost: allocated to the relilaining portion of the storage space, that provided for future use, is currently estimated nt $35,018,250 oil the basis of the costs presented in Exhibit A. No principal or intcrcot payment wil:ll respect to this storage for future water supply is required to AO made dori-ng the first 1.0 yenro following the date the Project is operational for water supply purposes, unless all. or a portion of such storage is used during this period. The amount to be paid for any portion of such storage which is used shall ba determined by multiplying the percentage of the total storage for future water supply which is placed in use by the total amount of the Project investment cost allocated to future water supply. Interest at the rate provided above will be charged on the amount of the Project investment coat allocated to the. storage for future water supply which is not being used from the tenth (100) year following the date the pt-oject is operational for water supply purposes until the time when such storage is first used. 'rho City Luny at Its optiot; any the interest as it becomes duo or allow the interest to accumulate until Life ;assess is used. If this latter option is exercised, the interest will be compounded annually and added to the principal amount. When any portion of the storage for future mater supply is used, payment in both principal and interest for the portion used must be started, and the amount of the Project investment coat allocated thereto, with interest in the unpaid balance as provided above, shell be-paid within tiro life of the.Project in not to oxcca,: 50 consecutive annual payments boginui»g within 30 clays After' the date of first: use of quell portion. (4), An nstimated schedule of annual payments for the storages provided for present demand, is attached as hxhibit B of this contract, The annual payments as provided therein shall be made until the actual construction coats of the Project are determined, when the actual construction costs of the Project nxe determined, the annual payments due thereafter, W11 be Adjusted to reflect any increase or decrease in the actual costa, including interest during construction, from the estimated amounts shown in Exhibit A. Payment schedules for the storage provided for future water supply demands will be furnished by the Contracting Officer when tine of such storage is started, and if based or, estimated coats will be subject to revision when actual. costa are known. v:, y ~s n e[ R If tlic! City shill fail to make an of the , When lull!, tlivil, t11C OVe1'lllle hi 'P,IC!tI l'. (i ,;hall any Aforeallid poylllltll U; of the rate pruv;Ldad above unr:II paIIf l'lie~aimountlchalrl,edm>pii~,o l y;tyl 0,luavcrdua e>:foarmaplepw::lod of less than ono year ,Brill b(,. fJf;ueed on it monthly bao-as. F ot: , IF the payment it,, intdc within t}ic; fir.~l: (31 to 60 slays moaith tifl:ei' g ovordtta after the Annvel ary daLL! uric rnon brin tli's inCerizst t, Ov. be charged. J,Ititi p•r.ovision sh<tl.l not bo coust•rucd as gi.vinf; L; U City a rhoir:e of ei.l,lx•r makinf; payments when due or paying interasl:, not: shall. it be , conatruld as waiving any other riif;hts of the Government, at lain or in equitp, which might result from any default by the City, (6) The City shall have the right at any time it no electa to prepny the indebtedness under this Article 5a, in whole or, ill part, with accrued ! interev,t: thereon to the date of such prepayniont, ~ i b. I,fatt r ralftal i eplaceruen_t coals find sedimentation res Tile city tal11. be leyuii.ecl to pay 7~i~p~scent of"L11ci costs for any lvmn~o'.,c_o_n rOPlaeemcnt of specific taater supply facilities itfil the City shall pay to the Covernment 24,315 percenttoif thejcosts of jointiusa major capital replacOmcnt items at the Project until such lime as the for future seater supply is used. As the storage stof.agc supply demands is uacd, the share of tho , ointuse major for future raceme j i~:Oms costs, tahich the City will be roquIved to pay major c re~ilacnlJor capital r.opiacement costs of the specific water supply facilities~ tathe illmbe increased commensurate with the percentage of the water supply used np to a total of 48,629 percent of eueh costa, The City ty will be will be q-tir eject: red to pay 7,7,446 percent of the cost of sedimentation resusus veys at the Project until such tithe as the storsgo for future water supply ia`uoad. As the storrlge provi.lled for future hater supply demands is used, the share of the sedimantation resurveys cost which the city will be required to pa will be in'croased commensurate with the percentage of the water supply storage being used up to a total of 54.891 percent of such costs, The City t'ti11 be required to pay 11.115 percent of the coat of sedimentation resurvays at Louisville Lake, Payment s}lall be made oither in lump sum or annually 111th internist on the unpaid balance. If- paid tuinually, tho first paymanl sh..ll be made with the first annual payment on tho project.invostment cost becoming due after the deLe said major capital replacement costs or sedimentation resurveya costs err; incurred, co Anuunl~eration and maintennnce costs. Tile city will be required to pay 74 porcttit oL the nnnun] rcl,arenred operation and maintenance costs of specific water supply facilities at the project, In addition, the City shall pay 21.145 percent of the annual experienced joint use operation and maintenance costs of the Project until such time as the storogo for future water supply is used. As the sLora8e provided for future water supply demands is usndt the share of the annual experienced joint use n e trance coats, which the City will be required to p ration and mainte pay addito to tile operation and maintonance costs of tho specific wa ternsupplyifacilities, will be increased commensurate with the percentage of the water supply atorago being used, up to a total of 42.389 percent of such co.eat • ta. The City will be ' ,5 1 e 1 required to pay 5.321t pc scant of Phe fotaJ. flOnMal es:pet'iencecl operation and maintett.utce costs, e>cc7.uuive (If l:)Tet Operal'i.ott rand nrtinl'euance co:;ts for Janc! t ana~lelnenl .end pub7.ic tail i.rati.crtt, of Letaisvlllc lake for. late nddiLionaJ. water supply storage thcroin~ The first paytarnnt for operat.iun and maittte'- nance costs will Ire due and payable in advanc"i ,..Ithfn 30 day;: lifter the Contractitti, Officer noti.f:ir.s the City that I:f.c ProjecL is tot.1plcted and operntional for tatter supply pur.poscs, Thy first payment will be for tttc period be£,i.nning on the date rho Project parposos and cnJiug on 30 Scptontbor fo1J.o:;inc, andi 11 operational for t•'C to title pr rata share: for this period of the est:lmatcd initial, nnnunlopayiw!vt of pro $65,564. The Secund paymeuts for the ensuin+ ' 30 September, in the estimal:ed amount of $65,564,`wil1lttbefducaandcpaya,blc f in advance on 1 October following the data the project is operational for water supply pus;rose.,. Annual payments thereafter, for such Covernutent fisted year ensiling 30 sept("mbor, will be due. and payable in advanco on 2 January fol].obrinb, and will be computed based on thn Actual experienced I costs for the preceding Government fiscal year. Increased or dr.creased by an amount beinj; the diffatronre.t:botwayment een thc,tqum be of the first and second payments As computed based on the actual costs experienced for the stated periods and Vita sum of the first and second ~ payments by the City based on the estimated costs for the game periods. ARTICL)% 6, Construction cont~n_cl~}ustm_ents, All construction cost dollar P amounta i.n this cont~:ac~, iiclud'fnr ehosa i.rt i:he Exhibits, are tentative only, bnsod on the Governments beat esVimates. They will be adjusted upward .t• downward by the Contracting Officer whin fi.nnl construction costs become known, and the contract will be modified to reflect the ndjuatmc+nts, i f ARTXCIA3 7. Duration of' eontrac:t. This contract shall be effective when Approved by the Secielinry of tha Army and shall and effect for the life of the Projoct and LewisvillecI.ake,tpe in full force AItxICIC B. permananf:~lrts to stor.~e. Upon completion of c by the Cityo as provided in Article Sa I~orei.u, tho City shall, havepatt pcrmannnt right:, under the provisions of the Act- of 16 October 1963 (public Law 88ti 43 U.S.C. 390e), to the use of .lL eJ the rho water su r ~ 1 , and Let~isv I p y etorn£,e spaces it t , Luke as he Pro Y e~ ills t 0 vided .l In Article 1, subject to the followings A. The City shnil continue payment of its share, as provided in Article 5e, of the annual operation and maintenance costs allocated to water supply. b, The City shall bear 14 percent of the costa allocated to (1) water supply for the Project and (2) the total storage apace betwoen elevations 515.0 foot above moan sea level And 522.0 feet above mean san level for Lewisvilla Lake of any necessary reconstruction, r.ehnbilitatlon, or replaca- meat of Project or Lewisville lake features which may be required to continue satisfactory operation of the project or Lewisville Lake, Such costs will be established by the Contracting Officer. Repayment arrnpgoments, including schedules, will be in writing and will be made a part of this contract. d 6 r 111 i c, Upon comiletJou of payments by the Gity as pr,ividcd in Art.iclu is hoi:uilli, the. Cont tacti.ng Officer nliall, Yr_detnrminc the storage: spctcc.S for municipal and induserJulwoO r Supply, takim, into account such equicablc reallocation of lake. st:orctgc capaciti'e's among the purposes served by the Project and LewJ.Svilln Lake as racy lie uecen ar}' due to alo(imentarlot), Such fittdi.ngs, mid the storage spaces-uJ.loc.dted to nnnticipal and inc111;1rJ.al water supply, shall be defJrned.and de.scrJbed 1.11 an exxhiblt'. which will be made it , i3art of this contract. YoM owing the same pri.uci.pJ.s, Such reallocation of lnke storage, capacitieu may be furlw r adjusted from time t.o time ail OIL, result of sodimentotion to urveys to reflect actual rates of sedimentation and the exhibit revised to how the revised storage upaceo allocated to I municipal slid industrial water suppl ~ i Y I EI d~ The perinwnent rights of the City under this contract shall be continued 8o long as the Government continues to opurate the Project and Lewisville Lake, In the evettt the Govertitnent no longer oporatoK the Project I or Lowisvi.l::le Lnkc~ Such rights way be continued Subject to the execution of a separate contract, or additional supplamental agreement providing fox: t (1) ,Continued operation by the City of Stich part of tile facility I as in necessary for utilivation of the water. supply storage apneas nllocated j M it; f (2) `Sant; which will, protect the public intorest; and (3) Pffect:ive nbsulvemettt: of the Government by the City from all liability in connection with such continued operation, 4 ART101,13 9. Release of claims. Tile City Shall hold and Save the Government, including its officera, agents, and employees harmless from liability of any nature or kind for or on account of any claim for damages F which may be filed or asserted an n result: of the storages in the Project and Lewisville take, or withdrawal or release of water from the Project or Lewiaville Lako, made or ordered by the City or as a result of the conatruction, operation, or maintenance of the fe.,Aturos of appurtenances owned and oporntod by the City, Lr v.id.d, that this shall not be construed as obligating the City to hold and save the Government harmless from damages or liability resulting from the sole negligence of the Government or its officers, agents, or employees and not involving negligence on the part of the City or its officers, anants or employees, , Akl'ICI,L 10. Aaai anent, Tile City shell not trnnnfor or.'nasign this contract or any rights acquired theroundar, nor sub-allot said water Supply storage spaces or any pnrt thereof, nor grant any interest, privilega, or liconse whatsoever in connection with this contract, without the approval of the Secretary of the Army, 2,i~ovided that, unless contrary to the public interest, this restriction shell not be construed to apply to any water that way be obtained from Hie water supply storage spaces by the City and furnished to any third party or parties, nor any method of allocation thereof, q y , 1 w i AR'i'TCLIi l', O[ficiall, nuL Co_bcucflt, Or No mernber of or delef;nte to Conf;rosa, residcrtl= Coriunis.,ionc,z Of thin conL'rnct:, or Lo an' be ,hnl.i be ndmi.LLod to fitly share ur p;irt provision Olall not be, con-1:truodito extcndr~toclthis cotntrvtcl:rrritlam,uleltrhtlt n corpornt:ion for i.ta general benef.i.t. ARncu l2. Covrnnnt ntl_rin;_t ronL111bent Poo,, The City wntrnrtts that nn person sclling nf;enc.y hr beau erne.{eyed ur Vela+nad to solicit or ~ secur e I Iti.l; n cutttr.act "port nn ngreemVttt or wtdc rstnnclirtf fnr +t commi.s;:lon, taf e percen, brokerage, or conffilg :lit fee c>:copling conuae bona fide em l.o or.a bona f:Lde esl;nb.li„}led rcinl ur selling gre ean c(! 111, c+sa r mai.nv1.uJtnined by tlh~ios Ciw<nty:rnf norty the pttrpolie of securing bun i Fur bnh .a+ : n of t the Governmc•ut Shall have tho right to annul this contr.nct without J.lablliLy or in its discretiou to add I:o t:be contract pri.cp or constdc+rati.ort otherwise recover the full amount of such cuwmiusion, percentage,bzokcraBe, or contingent: fee, f AR'i'1CLN' 13, Nnvironment:nl ualil: During any construct:i.on, operation, and msinteru:nec by the City of fir y fa lities, apecifi.c action t4ila bn tnkon to control environmental pollution which could result fror,; such ac.tivi:ty and to comply with applic~'+ble Federal, State, and local laws And regulations concetgti.ng onvironmental pollution. PavLJcular attention should be , (J.) reduction of air pollution by control. of burnin fides , containment of chemical vapors, slid control of en9tnn exhaust~gfses) nnd~of smoke from temporary heaters; (2) reduction of water pollution by control of sanitary facilities, Storage of fuels and other contamirennt•.s, and cont:r.ol of turbidity and siltation from erosion /r I (3) mill imiratloll of noise levole,; onni.ta and offsite disposal of waste and spoil; and (5) prevention of landscape defacement and damage. ARTICI,Ii 14, Federal aiud 5 10 late lc•1ts. as In acting, under its rights and obligations hereunder the City agrans to comply with all applicable Vedernl and State laws and regulations, including but not limited to the provisions of the Davis-Bucon Act (40 U.S.C. 2?6ct et se q)1 the Contract Work Hourt; and Safety Stntidarda Act (40 U.S,C, 327-333); and Title: 29, Code of Federal Regulations, Part 3, b. The City furnishes (is (Pxhibit C) that it will comply wiart of th TitletiVlooftthetCivilaRightsCAct of 1961 08 Slat,241., 42 U.S,C. 2000d, et serf) and Uopnetment of Defense birectl.ve 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, ARTICLE 1i, 21111TICIN5. a,, Joint use costs - The costs of features uzed for any two or more project purposes, b, Project: investment costa - The initial coat of the Project, includingi land acrtuisition; construction; i.nterast during construction on 8 r >So.,n the vnl.ue of land, larbor, atld utaterialn of the Project: used for plnnrt,l.nf; mul cwtsCCUCCian , C. Specific costs 'rile costs of Pt•o,jec fcaCurca normally serving only ana InirCicular Pro;Ject purpose, d, interest during canntructiott An nmounL• of interest tohich riccruos on erpmttlitul'er for Lhc astral>lir:hnenC of Prn ect- ,cr v cc,F 1 r . i , t , ur . b eto e o i n 11 tI L pio to nc.wrn . oul..l,7y and tile Ci,mu Ow, 1'ro;ject Is fuse Made nvrailaUled to the City for wljCo: Firoragc, 1 j ARTICLI: 1.6. Aj~pr.cyn_l This contract: In nubject Co the Written npl7rovrrl I of the Secretary of Chu Army, n))d shall not be bind:inf; until so approved. I I , 9 4 1011 ~11 11 P~.15F'!4.'E f TN 4J2'L'NJsSS FllI1,K1s01', Chcs part J.c n have executed thi.rt conl:rncl: ns of tltc i day and year first above written, ~ Al'fR0UIi1)J T111, UNITIM STAT[:S OF ANImiCA Secretary, of the Ari~iy Jsy I JOE ll, ,SiILAHD _ - - I Colonel ! Cl: Contracting Officer Date CITY 017 :7ALLAS, TEXAS By GEO]tGl It. SC1iHAnlslt j City Managor r Is Harold G, shanks certify that I on, , ballast Dallas County, Texas, named aseCityiherein; that of the city of. 1 who si:Sned this contract on behalf of the-City of Aallnd Coo Chan' City ty Manager dor of the City of Dallas, Texas; that said contract was duly behalfsigned for I nd on , ,of the city of Dallas, Texas by Authority of its governing body ie,within the scope o.t its legal powers, ' and IN WITNESS WJXRF0rj I have hereunto affixed my hand and the seal of said City r of Dallas, Texas, this day of 19 75. , . HA"Usti !j 1 ~ SHANf+ Secretary, City of Dallas, Texas CORPOAXT2 SEAL 10 s ~ - Uontruct flo, UACid63-75••C-OUGU AUB M IA" M'_M' r.1r' n . I~»~I'RUJIiCJ S'i'ORACI:S I In nubrev Fake f Percent Purc.ent of Cross Usable of water L]evai'icm sior, I f, 0. ator11 a us Le r ..iblc. stars (feat mV.1 _ 1I ly } ) (asec feet) (rr,rcR fern) 51•11 r_a~;c stol_~;r_ Flood control 632,5-640.5 265,000(1) 2609800 25.822 + Water. supply 550,0-632,5 7991600(2) 769,200 74,178 100.0 (aty,of Dallas) M0.0432,5 (554) /100) (64,89].) (74.0) 1 f (City of Denton) 550.0-632,5 800) (9.287) (26.0) Totals 1jO6ilc,6U6 10 0].0,000 *106,000 (1) Includos 4,200 acre-feet sediment zebc>.rve. (2) Includes 50,400 acre-.feet sediment. re:eJve, xa heaaiclv111e. Lokc Percent Percent of Grose Usable water i Elevation storage storage usable ttupply fieature feet ms] 7 (arrc feet) L~ Lc-feet) scorn ;e storee Flood control 522,0-532,0 341$00 (1) 306,700 34,825 Water supply 481.0-522,0 648,400 (2) 574,000 65,175 11 Existing lava 481,0-515.0 (4640500) (436,000) (49.506) 100.0 (City of Dallas) 481.0-515.0 4150000 47.122 (95.2) (City of Denton) 481.0-515.0 21,000 2.384 (4.8) Rained w/e pool 515.0-522,0 (183,900) 038,000) (15.669) 100.0 (City of Dallas) 515.0-522.0 1020100 114593 (74.0) (City of Denton) 515.0-522.0 35,900 44076 (26.0) F Totals 989,'100 880,700 100 00 (1) Includes 34,600 acre-feet, sediment reserve, (2) Includes 74,400 acre-foot sediment reserve,` XI PROJECT CON15TRRUCTION COST Estimated Federal Construction cost estimated nonreimbursab].e costs oc ) (1) 5$149,603,000 . estimated Project cost to be allocatedable 840x,000 Estimated interest during construction on allocable cost , 3,763,000 Lstimated project investment to ba'allocated 1.1',61:x,000 (2) $155, 574,066 (1) Itelocati.on of roads above replacement-in-kind standards. (2) Interest rate - 3,25%. Intef'est rate for reimbursnble amounts will be set as of tho beginning of the fiscal year in which construction of the Project is started, A-1 ' Y4l3 a9{\ ''j l: IXX ALLOCAT)ON OF CONSTRUCTJOI1 In kI?5'1'111:11'1' (Suparnl>]c cools rcm,~l.nin(; benc:P}.~., uiathod) } Water Recreation and r!t~l'1'_1Y_ _ fish_mrd toile{1.ICo ibtnl.;; 1. Y3rtlmated specific fACll:ities cost $ 1650000 $].8;703,OOa Aubrey Lake (1115,000) 848, 000 ('%,433,000) (1.6,5711 ,000) r.et~risvil]_e bake 2. Cstimated joint use (o) (z,270,000) (20270,000) facilities cost 891707,600 351207,400 124 9J.5000 Aubrey lake (86,741000) (34,043,400) , , Lewisville Lake (120,78,000) 0,060t000) (]1G/fLCOO) (4}1300,0()0) Sub to tals - cos t' $09,65?.,6UU $53,J10,40U $243,7%3 , 004 3. Lstamated interest during Colin tructi.on 8,022,400 3,5880600 11,6110000 (1.) Aubrey Lak(r (7,757,100) (3 410 800) (11 l68 100• Lewisville Lake X65 100 ' 1.77 ' o } 4. Est Jmntncl totnl 1_ 500) ~i2 9()0) rtllocation $97075,000 2 $57 49$,000 E O $155 37/i,000 Aubrey Lake (94,643,900) (53,887,200) (148,531,100) Lewisville Lake (3,231,100) (3o611s800) (6,842,900) (1) Interest rate - 3.257. Intereat rate fox reimbursable amounts will be rlat as of the boginni.n& of the fiscal year in which eonatructiorr of the Project ie started, (2) Investment cost to be repaid bys city of Dallas $720427,500 » 74% i City of Denton 25447 .,500 - 26'/. $97,875,000 IV Al; --[0 OF YSTJ:IfATtD OPIMATION AND HAINTmANC1 COST Aubrey I,nke Water ~Reoreatzon and e-t-rJ'ply fiul~ard wild l.ifa Total ' A ' 1. t3pe0ifie cost $ 47,700 $4'35,000 $482j,700 i 2, Distribution of joint use cost (p(ircent) 57.283 42,717 1006000 3.' Allocated joint use cost 81,800 61,000 W144800 4, Total allocation $124,500 $496,.000 $625,500 To be prtid by the City of Dallast 74% of specific cost or wAter supply d $35,298 42089% of project joint use cost 60,532 Total $95,830 95 830 625,500 x 100 p 15,321% of total annual operation and maintennnee co8t, A.,2 En;-: ~8.14tAY r T.ewisvillo Take T~1aod Idnter l;xinting pro cly control. u1'1'1X Ffo_tt~l~ 1, Specific coat $l'! ?67. , ) $38,832 2. Allocated joint use coat 27072 vl ~SSB(?.) 38 630 3, 'Dotal. allocation $ii4,333 $.13,129 `557;/462(3) (1) Operation and maintenanco of outlej: structure exelualvely fer Dallas, (2) 4.8% paid by f)enton r $554. (3) Lxcluai.ve of operation and maintenance costa for land managemmit and public utilization, ~$12 575 r 100 - 21.97. of total anttttal operation and maintenance coat. flood Water Anined water rjtgj) . 1?pol control nupIly~ Total. 1, Specific coat $17,261 $ 20068(1) $19,329 2,'A1lccated joint use cost 23 41.4 1.5 216 2 3 38 630 : 34 Total: allocation $l'1,284 40,675 $57}959(4) (1) Operation and maintenance of outlet structure exclusively for Dallas, i (2) Water supply stora£;e in raised pool 574000 1.3165 Water xupply storage in existing pool ° ~i36,f7U0. 1 $ 1,571 x 1.3165 p $ 20068 $11,558 x1,3165 a $15,216 1 (3) $ 2,068 - $ 1,571 $ 497 E $15,216 - $11„558 $ 3,658 749 of $30658 - $2,707 $l1,O04 + 0 2,70.1 p $139711 $2,068 + $13,711 a $15,779 I (4) Tixcl,usive of operation and maintenance costs for land manal;-ment and - public utilization. . 15 779 x 100 m 27.224% of total annual oporation and maintenance cost, $57,59 27,224% • 21.900% b 5.324% of total annual operation and maintenance cost xllocatod to Dallae for operation and maintenance of the additional water supply storage in Lewisville Lake, Sedime,tation rasurveyat Kaisod Water "supply pool 58,715% . ExIntiog project water supply pool 47.600 Dif-C,.rnnco allocated to additional water supply pool 11.115% A-3 • ~!I Ieeliil`i.l~ 11 I V COMPUTATIONS FOR ANNUAL PAYAtMI S i'OR 110TRIiST MID h_f01(TRATION I'r(rnnnl: rr3Lc+r r,iim-?,: Lewifiville Lnke $ 3,231,100 x 0,74 $ 2,3911000 Aubroy j,ako $94,643,900 x 0.74 x 0, 50 3 ~JjyO] 8, 25(? An,,)uut to be rnnortirod $37,409,1.50 Based on SO equal payments, 49 of which beny interest on Lire unpaid balanco at the rata of 4071 perc,c:nt, f A - 1 P annual payment p 1 A U amount to be t:opnid F $37,409,250 .e E i + c i inI:e)ast, vnte :1 4,,371% c a amortization coefficient for 49 yonrs a ,00612!i257063 $37,_409,950L-- r . 0.04371 + 0.0061.25257063 I 20,06611501P A $370409,250 P i t 21.06611501P f $37,4090250 P $1,775,802.04 I Future venter ,unn 1 Aubrey Jake amount to be amut'tized $3%018$250 ! j; Based on 50 equal paymonts, 0 of which bear intoroat on the unpaid balance at the rate of 4.371 percent. A - P P - annual payment p b A o smount to be repaid a $35,018,2,50 1 m interoot rate m 4,371% 1 c a amorriration coo£fici6nt for :'19 years b006125257063 $35,019,?.50 - P p a 1 , 0-071 +7006125257063 , 20,06611501P n 035,018p250 Y 21,06611501P y $350018,250 P a $10662,302.23 : A-4 Q tl Conl:rncl: tdo, ])ACIJG3~%5••C'-4(144 AIJBRJiY 1.A],2 PA YWIJ 1'AYNEWT T<l Nf~. 1NTl; 11::5T U~C fLJ'I f,1 TOTAt, ,1;1CI:'A1, p i3,1LhNi;s f Ajm b' )'JS 1 0.00 2 155753(5.01 1775ES02,0.'I rr 3'//104?5,0 ?.16264,03 t I 7 t7,31 0 r 35633/,{7,ri r; 3 1511'1997:' 54'1997.69 227£S0/r.35 75g C)?3 5/11 5183 4 l !i3 F4040 . 36 1 '1'15f50~ • 0'1 .3 5 1 l;'1 3 79 5 . 231151.68 1775'.40,?,() /1 r 1 52 '7 6 [1 7 , 1; 0 2 11 r3 15 3[19[x 1 ,,1'1,90 4.?r G 1 S16800'.98 r,`i,9001 0) l `3£502.04 3/1'/01 /163. 6G 7 1 505li80.04 2 G 1 7'75811 3 ? . [ 7032~ 00 r U 1 44/r'1rl /~7 -2 7 1119,$ 8132 [1 . 02 , 1'1'!.,.402,0/1 1718133 3 41 '7 1> 1 O 9 28213/. 7'l 17751502.04 33L'90002.33 2944`/0 02 .GO , , „ 1 0 14681160, 74 1 %'T 530,p[f 33.`39rr n 10550 3073[ 26.85 1}''30 1775,9 02.Oq 33 2 15 J?. 20775.19 1 7 rJd„ 33 114141005- 77 , 753, 0/t 2 96 I 1 3 1[2 i ,t1 n C> ",7 3 74 l G. 3?. 6371.82. 177514/2.04 3263',)620.05 14 1[x11098. ^3 3/'9430,2?. 177580f;.)y r ; 364703. $1 1775$02,p[r 112'233 1 9„ S3 5 15 13951'1.42 380645,02 ~191r5rs(i.0a. 16 1378519.03 1775802,04 397283.01 1 775 0?. . 0[ 31 517141 .0() 1 7 1361 153,79 a l8 25 r 31 1 . r 4 14C IQS.,7, 99 1343029.51 r 1775802,04 9 4 32 30'725909..[1 J 132411f3,03 '!72 3 177530~~04 302P5'90 .,?I 20 130'1169t70 171108, a 1775£102,04 29rs1414/,r1,20 1283763.39 492038.65 177FS/j?.04 '29370/15,1'46 f 22 126225,,36 492038. 66 1775M2, 0/1 288779 7 7 ,21 23 1239809430 53~ r9 1 '175802. 0[I P83611431,35 24 121 6381 ,06 ya 1 7/1 1 715802.02, P'/ 1 25 I 191 9M 77 559420.9$ 1 775802, 0/1 628433, 81 26 583873,07 27219017.83 ! 166407.67 60939407 1 7751102,04 'a 66f ;,l4r{.5,f, . 27 1 139'171 ,04 1 775$0.3,04 260`15750.56 28 111!970.13 635031.00 17758b2,04 e543971 2 663$31,91 1775802,04 9,19 29 1 0 82 95/ .03 692848.01 177'1801,011 7756rs7.hg I ' 30 1052669.6 31 5 7?3132,39 , 124083039,27 1775f,.<..04 23359906.8; 1021061 S3 754740 . 5 1 32 988071682 78773Q,22 1775802,04 2260 5166 , 3 7 334 3 953640.13 82" 1775802.0/1 218 174 3 6 , 15 917703 44 "161.91 1775$0,2 Oy c r. 5? , 35 $60190,95 85809e8.60 09)74.24 895606,09 1 77580 2.04 36 20137115, ej 841049,01 934753:03 1775£102.04 192415 ' C 37 800190,95 177580?.Qy 38 9,55 7575[16.99 97561109 1775802.04 18306016.5? 39 1018255.05 r 17331..0,,43 713039.06 177580^,0[1 40 10 62 762 1631x950.313 666585,60 . 98 1775802.04 1 52 54 1 0/ 41 1109216.35 1775802.04 .34 . 42 56749n 3 1 157700.2() 1 775802.04 1 52501 1 0 ~ n 43 44 1208303.27 2 , 00 1.983271,.3; 514083.63 1261116.2 1 17%775$05$03.04 1!'? 09560,86 '4957.53 5bQ.3G 1 45 1316241.68 10513$49.37 402027,43 177580).04 91 97&09.37 46 3419'19,711 1,373774.Gt 177$802,/0 4'7 1433522,30 `••rr 78P3g33,08 279307137 1496494.67 1' 7~d02,011 639QOIO.yrs 48 213095.59 17'1: ,02.04 49 1531906 1393010.1 1 145624.66 .45 4 I 1775402.04 3331609,65 50 70 74364, G0 01 1 43 713x 7 , ),2> 1775£102,04 1701432,28 178 1775801,88 0#00 k ' Cortt:rr,aC 1dc>i UACidG3-l;;~G-0000 . 1 Ault)t)~' LA1;)i ASSUItA)ICIi Ul' MAPLIAUCl: i4f'r!I '!')Ili b)3PAR'F)Sfi1vT 01, ))]a1;Mfi)i K)O'Ic'1'IVJ, Ui7 TITM VI or 1711; CIVIL. }t7 ll1;K , C11'I',' ACT QF Di"R The City of. Jhi].]as 1) n.las CounCy, 'Fcxa;J iJ (herein,~Iof ca.l.lcd ",I) cant:;itaclpient") 11)i1;1sJiY hGltl;f:5 TVAT it wi).J. comply 1111:1) Lille VI of t}u: Civil Ri,ht,a and all requirement,, b , Act of 19611 (Public c L,aw 88-35p ) j Imposed by or puz'sua,iC to thho e J) bircctave of the yeparUnenC Of Defense M CIA fart: 3005 irmied as 1)e~pr,tmc.nC of Ucfense wreetive 5500, ].,1, Uecembor 281964it sued pursuant to Chat Li.llc to the , end that, in accordance with title V1 of that Act and Clio Uitective portion In the United States shall., on the ground of rnce, color, or~natiottal origin bo. excluded froh, parcicipation 1.11, be denied Cho* he bonofzCs of, or bo otherwise subjected to discrimination under any pr.ogratn or activity for which the Applicant-Reciplent receiveJ financ~.n2 nesistn tee fro>n the u5 S, AI'my Corps of 1in8inenrs And)IRREBY C SUIVONCE TAT it immdi4tbiy Ca)ce any mensuros necessary to of.fecturito this agreement,t)i21 zf any reel ,ro,; aid of z 1 'arty or structure thereon ir, pr.ovided or, improved with the the U Sedeial financial assiF,Cmice erateudc.cl to C}te Applicant Iteeipimtt, by , Army Corps of ),lopi.neerat , surnnce shall obligate the Applicant. I Reel.pient, or in the case of nay transfer of such Itroper. ty, any t ransferee for the period during which the real proparty or structure is used for a , purposo for which rederhl financial assistance is extonded purpose involving Cho or for another If- Any parsonal properly is so1providod,, thisinasurancacshall obligate the Applicant-Recipient for the period during which it retains ownership or poubassion of the property, In all other nasoa, this assurance shall obligate the Applicant-Recipient for the peri.c,d during which the Federal financial assistance is extended to it by tile u. Si Army Corps of Engineers, 1'1115 ASSURANCI3 is given in consideration of and for the purpose of obtaining any and all. Federal grants, loans, contracts, p. roper.ty, discounts or other Vedernl financial assistance extended after t1te (late hereof to the Applicant-Ruoipient by the I)epartMent, Including 'installment such data on aCCbitnt of arrangeatents for federal financial assistatter_ which Were approved before such date, payments attar Tho Applicant-Recipient recognises and agl•Eas that much federal assistance w112 be extended in reliance on the representations and agreements made in this essuranca, and that the United States shall have: the right to sock C-1 ~ ~ 1 tt { k Judicial, t..nrorC(,,wcl)t of lI1Jl}CCr Ahpd i PUS ans(I1'.Illc(1 f irnnL Rer.i. ienc bil}Q1.tlf; oi} t}Ic 1. ) iL13 Sl1CC(!r:i01''i, LI'n l} rQ 1'C(1.q nil(1 ,ISt7J 111}C(!S, (tll(1 t11C! f)f:l'(3Qn j)('.);L'011l3 19110Se F,71lI1QLll1:(!S illl])L'ill' 1)(.1.01) f1E(: Ullt])OLi1,C(1 CO fi~.(;Il C11 . trt3surnilc(I ~ an bnilalf of. On A]>I;J.icant ltu~ipi(:nL~ t ~ a , 1111; C7'fY OP PALLAS) DnL•ed ~I SY GPDRUL It. SGII1tAJ11i1: City Manager i 1 ~ a<ld>•e~s) i 1 E ATTPST; 1 1 ~ r ! I ~ j s 0- L~) G MARK Secretary, City of IIallas) Texas i E s. 1 r f r , ~ r C»2 1 _ d max: I CanCract t4a. 1)AC4r163•.75-•G-000U ' + AtIbIll Y LAKX, ONfii7ON oP Cowls): X have roviowed and approved aantrtict• number DA01463-75-C•-0000 bct%.?ce1), III the UNXT)"D STATES Olt A111"RICA and the CITY Or DALLAS 'k'I;XAS, f , Particularly X have considered the effect of Section 221 of public I,aw 9.1-611 (42 U.S,C. 1902d•-5U) and am of the opinion Oat the City of I)allnat Texas 'has the requisite legal, atuthority to inter Into and comply With this f agreement as required by the aforemention,~d statutes I r 1 s , r r , date) N, A1.]sX B]:CIU,LY City Attorney I'. City of 'Dallrae, xaxas 1 1 , r r :l JtYXe d ;.SYp<i Contract Ito. llAL'11G3-75-C-UOUO CO1a9.IMT hE'fWi,111 '1'1111 t1N1TP.b S1'n''IiS 01' A1rIiMCA ! AND 1 9.183 CITY OP I)EN9.014, TPXAS YOR 1JA9'lilt STORAGE S]'ACIi 11a AUF;I!PY ANI) L)s41154'11,G1; LAIasS, TEXAS 7111S CONTRACT, eut.erod lilt(, this day o between the (,hilted States; of Anicric t (hereinrtfcrfca.iled 3.975, by and tile Cil: ctn430,11 repres(,need by tlu' Col)Lrnet!ne, Officer crecuL~.ag this conLract, and the of Denton, Denton County, Texas (hereluafter called Elie [aty), 1dI'J'1aJ45S);Tll THAT. WERAS, the River and Harbor i Clio construction, operation, znd m,? J.nt(-nanca or Aubscytl;ai;o 1Q~a) attt:horized I called the 1'ro,jccl) on Clio lilm Forlc of the Trinit) + River in a (ltItoerfitte t ote er r ; Texas; and of 1d11151UTAS, the pro,joct will include t,torage for. flood control which viJ,l permit the transfer of flood control storage to the project from ]atstcvil.la j Lab (immrdi.ately,downstream from the Project) and make availaom 1st T.ewisvillo Lake all equivalent amount of storage for ndditional water sup j for municipal and industrial uses; and t ply 111ERLAS, the 'City desirea to contract With t Morn include a h ludo h use of d in the. Project and Clio additional stor.rigemto be made available in Lewisville hake for municipal and industrial %Oator supply, and for payment of the coat ;.hereof in accorclnnco joith Supply Act of 1958s as amended (43 U.S,C, 390b); at he provisions of the Water ' and W11h f A5; the City is•empowered so to contract with the Government and Is va8ted with all tile necsssar + o this contract, st Rein y powers for accomplishment of Cite purposes Mt of 1970 G those required by section 221 of, the Flood control (42 U,S.C, 1962d-5b); uoW, T11>JntrottE. ! • , the Government and the city agreo as followar ARTICL8 1' Water store o s nco, a~ L Pra ect constrttctivtt, The Government, subject to the directions of l1aderal. Gw and any limitations imposed thereby, shall deai8n and consCruct the Aro,jdct so as to include therein space for the storage o City find sp ilea i f water by Cho ~ for Clio storage of floodwaters which will permit the rclallocation of flood control storage in Lewisville Lake to municipal and industrial water supply storage, f th~ e~CiCv~ bo LOS, 110 2G (l) The City shell hnve the right to utilize a an univdd ,0 Percent (estimated to contain 194,800 acre-foot aftar ndjuatmenteror i r3vr:~~ t 7,ryfi0 s. sndiment depoaita) of the total storage space in the project Uatatcan elevationu 550,0 feat shove mean sea level. and 632.5 feet nbovc mean sea level, which total. storage space is estimated to contain 749,200 acre-f:ac:t after adjustment for sodiment dcpoc,its, and (b) an undivided 26.0 percent (estimated to contain 35,900 acre-foot after adjustment for sediment depo,,Jtn) of the total st:orago space In Le,/J.svi.l.le Lake between elevations 515,0 felt above mean aea level and 52?.,0 feel: above mean sea level, which total stiorape apace io estimated to contain 138,000 ncre-f.eet after adjustment for sediment deposits. The storaign space in Lewisville. Lake is to be used to impound water for present dtwand or need for municipal and iaehistrial water supply; and the storage Dpace in the project: is to be used to impound water for present and - anticipated future demands or needs for municipal and industrial water supply. in the Project, 50 percent (an estimated 97,400 acre-feet) of the, space I Which the city has n right to utilize is for present use stater storage:, an<I , 50 percent (an estimated 97,400 acre--feet) in for future use. wales storage. (2) The City shall have the right to withdraw water from the two lakoa, or to order releases to be made by the Government through the outlet works in the dams, 'subject to tho provisions of Article lc and to the extent the aforesaid storage spaces will provide; and shall have the right to construct all such works, plants, pipelines, and appliances as'may -be necessary and convenient for the purpose of- diversions or withdrawals, subject f to the approval. of the Contracting Officer as to design and location, The grant Of easements for right--of-way ,zcross, in, and upon land of the Government at the Project and at Lewisville Lake shall be by a separate instrument in a form satisfactory to the Secretary of the Army, without additiotnl cost to the Cite Y. under the authority of and in acco rdanee with the provisions of 10 U.S.C. 2669. Subject to the conditions of such easements, the City shall have the right to use so much of the Project and Lewisville Lake lands as may reasonably be required in the exorcise of the rights and privileges heroin granted. at Rights reserved. The Government reserves the right to lower, the water in the Project to elevation 632.5 foot above mean sea level and to lower the water in Lewisville Lake to elevation 522,0 feet above moan sea level during such periods of time as is deemed necessary, in its sole discretion, for flood control purposes, The Government further reserves the right to take such measures as may be necessary in the operation of the Project and Lewisville Lake to preserve life or property. , d. 1. t or availability of water, The City recognizes that this contract provides storage space for rant water only. The Government makes no representations with respect to the quality or availability of water and assumes no responsibility therefor, or for the treatment of water, ARTICLE 2, a- el;ulntion of and right to use of wa_ter:. The regulation of the use at water withdrawn or released from the aforoeaid storage space shall be ,the sole responsibility of the City. The City has the full responsibility to acquire in accordance with otate laws and regulations and, if necessary, to establish or defend, any and till water rights needod for utilization of 2 17y h4-fit the storages provided under this contract. The Government shall nut be responrgble for diversions by othtrs, nor will it become a party to any contr.ovcrsiey involvin); t:ha use of the storage spaces by the City except as j such controvorniCb may a):feCL the operationl", of the Govnrilment, ! ARTICLE 3, Oraratinn and maintr_nanf_.r., The Government shall operate and I, maintain the Project and Lewisville }.,}Ice and the City shall, pry to the Government a share of the co;;ts of such operation and nuiintenancc as provided in Article 5. The City shall ho responsib.lP for operation auc] mnintcnance of all installations and facilities which it may orlr.tr-ucl: for the diversion or withdrawal of water from the two lakes, and shall. bear all nests of construction, operation, and maintr.nance of such insuallations and facilities, r~ ARTICLE 4. Measurement of w_it:hdrawn], and relaases. Tile City agyees to furnish and install, without cost to the Govelnrneut•, suitable meters or I monauriug devices satisfactory to the Contracting Officer for the measurement of slater which is withdrawn from the Project or Lowisv:tlle T,akc by atty means r other than through the project or Lewisville halve outlet works, The City shall furnish to the Covernment monthly statementsaf a.t of all such withdrawals, I{ Releases from the wator supply storage spaces through the Project or Lewicvill.e Lake outlet works shall be made in accordanca with written,s•c:hedul.es furnished r by the City and approved by tho Contracting Officer and shall he subject to Articla lc, The measure of all such reloar;os shall be by means of a rating curvy of the outlet works, or by such other suitable means as may be agreed upon prior to use of the crater supply storage space or spaces, 1 ARTTCLC 5, Payments. In consi.derntion of the right to utilize the I I aforesaid storage spaces in the. Project and LowiavI I' .ie Lake for municipal and ! induatrial water supply purposes, tho City shall pay the following aunts to 3( the Governments 94 1'zoLoot. investment costs. (1) The City shall repay to the Government, at the times and with intereat on the unpaid balan^a as hereinafter specified,,tha amounts stated below which, as shown in Uh'ibit A of this contract, constitute the entire estimated amount of the construction costs, including interest during con- struction, allocated to the water storage rights acquired by the li.ty ulldor this contract, The interest rate to be used for of cOtt rpu• , purposes Ling interest during conatrur.ti. i and interest on the unpaid balance will be determined by the Secretary of the Treasury as of the beginning of the fiscal year in which construction of the Project is initiated, on the basisset forth in the Watt, r SuppIv,Act of 1958, an amended, Such interest rate at the time of negotiation of this contract (Government fiscal year 1975) is 4,371 percent. The City shall repayi 26 percent of the construction cost of specific water supply facilities, estimated at $ 371,700 18,672'percent of the total Project joint use -construction cost, estimated at $23 $324$000 Interest during construction, estimated at $ 200851,800 Total estimated amount of Project investment cost allocated to 26 percent of the water supply $25,447,500 { 9 I~ (2) The Pro;jecC invastn!c!',t cast nll.ncrrtc'd Che inslicata<1 in article ]b 1 O S to er,ti!'ated nt $13 ar, beinn Provadod for• ,rrrc, ;:forage rrp;rces of Phis eono.act:. r'lireO mounttt,f irvjetheiuvustmc!ner(,JJ~r"''rrd cur!cnt].y t., pr;rcur to<1 in 1 x}!:I b I t A storAF;cs for present demaiad shall L1tbecP the first of which shall be 0 paid in 5Oneecutivr' anui!a] 'mcnts, clue and ptyab,Lc within 30 d,ry::'AClrrcio~irrtr t pa}ed to the notified by the Contrnctiu, operational for water Officer that the Project Ir• city Is due And payable on the"atp~uiyer3uLPOrdate Annual. payments completed and Cont:ra!atirtg Officer. } thercaftcr or said nouificntion w.tl.1 be r opt for tl+c first n(! moat 1,1 solely to the 7:0Hroment f by the y , icir W'13- b be npplird interest; 01) t}te o unpaid balMiceiatltheiraall te Payrncltl:s hall include Accrued ►>aymeat shall be adJusted upward or dowcn,+:n dz,~ed Above, The last annual of the investment oasC due to asrure 50 )'Cars, years. al]ocntcd to tkte s n whera;es E yment; of F for presort "demand within 3 O Phe amount of the Prajert ' remainin g currently i.uvestu!ent r.ost Allocated to thr. Portion of the storage 700 $opace, that >rov estimated at $123303 1 ided for future use, 3s L'xhibit A. Na P ,n e b'ISis of tile cos for future woee ts rincipal or interest thpryyme:nt with respect to this star r su to re Presented in followln t J) Y quired to be matte cluri,ng the first 10 A€a years unless all or a~portionPofjsuch18 operational for water, amount to be Mora€.e is used during t!PP1Y purposos, Paid for any portion of such storage which tis used io hall be l E determined by multiplying the percentage Ir stater supply which is placed in use b i of the t'.otAl storage for feuct tu re f provided Investment cost allocated to future waterSupplYa• amount of the I'ro~ If pravidod above Will be charged on the aruount of. the nt0rert at the rate allocated to tile. storage for futuz•a water u t z!os from the tenth (lOttt) pply which is ',lot beta water suPp1> . NrPOses year following the data the project is operational for city maY at il• optt is Opt,Otl until the time whetl such storage is first used. . to aecumulato until tile pstorage iiseusee'is it becomes The o due or allow the interest the. Interest Will When any portion be compoundad annually an1f this d addedxto~tlteoprincipaleamountcd~ o£ both I principal and tordge for future water intethe rest ..or the port supply used must betstar.ted Payment in amount of the pro 10! unpaid balance as provided above , and the ject investment cost allocated theratn, with interest c.n tkte in not to exceed 50 consecutive shall be paid d the data of first use of such portion. id within the life Of thr. Project Payments beginning within 30 days after i (4) An estimated schedule of provided for present demand is att annual psy(aents for the storages annual. ached as sxh made ibit until Of Payments as provided therein shall be ththe is actual, contract, The costs of the Project are datermined. When the actual construction costs of construction the Project are determined the annual payments due thereafter 011 be adjusted to reflect (111Y increnee or decrease in the Actual costs i Interest during construction, from the estimated amounts sho ing Payment: schedules for the storage provided for future water supply ~y d including will be furnished by the Contracting Officer when use of such sto AgenisXS(ta rtited A. and nown, based on estimal:ed costs will be subject to revision when actual are known. , ' costs ti{1'S1Yr !{rq'i 11 51 i (5) Tf t:he City slutl.l fail to inmlce any of the aforesaid payrnau a j when clue, then tae overdue payments r.ha]1 bear Interact nf0r0undecl annually at the rate provided ;above uuti.l pai.cf. Phe amount charged rill puymcuts ovr: For of les rdue exfo raample:, peri if. od the: p s ayment than ce year: shall be figural on a mouthl.y basis, is on made uithitt the (31 to 60 days after the arvtiversar fir, t month afte) being overdue charged. Phis irovirlon > data), ona mont:h's interest shall be riot be construed as Of' either mahin8 payments when due or paying f.l, no the City a choice construed err wai.viitg any other rif;htr, of tile Govcrninent,at'slawlOrtil equity) Which might result from any default by the City. (6) The City shall have the right at any time it so elects to prepay the indebtedness under this Article 5a, in whole or in part, with accrued interest thereon to the date of such prepayment. The b. Ma or cap{t zJ. replacement costs and r {ity will be required to a 26 percent edlmention resurvcvs costs, rep;-bcomont of spcck. c i•taterlsanplyfticsta~a t1oeCs Lo c(,~ nta or capital I the City shall pay to the Government 8.543 !percent of the costa ofnjoitnttuse~ ! major Capital replacementi items at the Project until such t.',ime a I for future water supply is used, As the storm s the storage Wat supply demands is used, the share of the bure major or cap foicapital fu reture cemer e major items costs, which the City will be requir~dt~tou.,PAy in addition t capital replacement costs of the specific water oulpZY facilitioso the major wil. be I increased commensurate with the porcentage, of the water. supply storag e]being y~- used up to a total of 17,086 percent of such costs, The City will be required i to pay 9.644 percent of the cost of sedimentation rosurvoys at the project 2 until such time as the storage for future water supply is used, As the storage provided for future water Supply sedimentaCion reserve . demands is used, the share of the u cost increased commensurate With the potrcentngoyofithebwaterusupplY tostorage used Up to a total of 19.287 percent of. such costs. The Cit pay trill be ' being 7i y will required to pay 4,060 percent of the cost of sedimentation resurveybeat Lewisville Lake, Payment shall be made either in lump sum or annually with interest on the unpaid balance. If paid Annually, tie first pn t st - be made with the first annual de payment on the ) tall e after the date said major capital replacementecostavorCsedimentationomin8 resurveys costs are incurred. e. Annual o oration and maintenance costs, The City will be required to pay 26 percent of the annual experienced operation and maintenance coats of specific water supply facilities at the Project. In addition, the City shall, pay 7.447 percent of tie annual oxperionced joint use operation and maintenance costa of the Project until such time as the storage for future water supply is used, As the storm its used, the share of the annual exper~.encedejoint useuoperation andlmaintnttds nance costs, which the city will be required to pay in addition to operation and maintenance costs of the specific linter su p1 the will be increased commensurate with the percentage of thewater cowpplysstorago being used) up to a total of 14,894 percent of such costs. The City will be Y•:i~•~:'1 ,f ~~11 f, required to xr 1 ! 1197 percent of the total ma In tell a n Co. co:111111W11 experienced opc't'atirnt and rtat,bliexc c]usi.ve o 111111W11 111111W11 and maintc'n,u,ccI costa for .load managcmettt and p u(.Ilizati of on, the of operaLewiitisvill Lake fur the nrWitional r'ata' su ' f /t I1„]J l:ot,tg;e Chet'<a-rt, The f:; rt L 1Iayment: for OPY"Ition 'Ind nano' costs +ail7. be due and payable in uurinte I,oCanlt'acti.ng Officu nce faith adva 3U days after the r. notifies (:)'(!-City that 00 Prnect i<, eomplnted and ariod begi begs.nnifonrg; taater supply purposes, The first on tile date tilt payment wi.1.l. rio•ject is vI>u•,z,t f , purg'soses and etwing on 30 Septrrirber 1?roor the t_ coat 1`nr Water supply W1 rar;a share for this period of he e following, and t'ti11 amount to the pro $23,036. The sec t rnid paymcnt:, for the,t~nLUin .tni,tial annual payment of cal year ending; 30 September, in the estimated amount of $23,03G,ewll.hs~br.fdua in advance on l October fol.]otuing the daft: and pay", ble Water supply purposes, Annual, payments thereafter , efcr .J-1i operational ror fiscal year ending; 30 September ta. 2 January following, and wi.1.1 be contuted tlbas ndvance Or) er>•perienced cos" for. the preceding; Covernme.nt fiscal year. >a ,.pent , increased or decrea The third l a1,1 be 1 h sed by an amount being, the di.ffer.ence between the sutra of the first and second payments tts computed bared on the actual casts oxpetiettar;d for the stated I~ is pa ento b Y tiods lad. tile sum of. the first and second the City based on the estirgated costs; far le ape I , eriv ds, I ~ ATTtLC. s Con~ttruction cost atl,~ustments, All const amounts in this contiacl., includiti ruction cost dollar based on the Government's be • b (:hose i11 t+he i:ll 'bit;,, are tentative only, dOWnwnrd by t:hc Contracting Officermahen•fir~atJycon Lr~etiotittcostsupward or and the contract will be modified to reflect the adjusements, known, ARTICU 7., U_uration of _contract, s, 1 When approved b - - 2'lti contract shall be effective by to ,Secretary of the Army and @hall continue in full force and effect for the life of the Project and Lewi,svillr. 1 Lake, ARTME 8 I', ermanent rifhts to sfot•a e by I:he City, as L _-f, Upon completign of. payments bight, under the provided to Article 5t herein, the City shall have a Permanent 43 ht, u 3r a) provisions of the Act of 16 October 1963 (PublIc Law 88-•140, , t rho use of, the water supply storage spaces in the project and Lewisville Lake e ns provided in Arti.cle;L, sub3cct to the followings a, The City shall continue purply, , ai; provided in Article Se, of the annual operatlonyandtmaintananrarcoste allocated to water b. The City shall bear 26 percent of the costs allocated to (1) Water' supply for tho Project and (L) the total storage space between elevations 515,4 foot above moan sea level and 522.0 feet above mean sea level for LoWlsville Lnke of any necessary reconstruction, rehabilitation, or replace- wont of Project or Lewisville Lake features which may be required to continue satisfactory operation of the Project or Lewisville Lake, Sueh costs will be established by the Contracting Officer, Repayment arrangements, including seheduloa, will be in writing and will be made a part of this contract, 6 • y 5ftfY. r, :aV.,; 11 ~r a• Upon completion of payraenL;; by herein, the e Contracting Officer shall in Article 5a muiti.aipol• and i.ndu„trial 4r,ter redrtr.:rnfde nthettstorn (t reallocation of Juke stoat :u11Y,-tnlti.ng into account fi sl>aearr for Trojcct and Let,isvtlle Lake cas,tmrtci(jot; aniosuch equi,tobje L Lhc pu,'posas frcrved by the findin ,y neccsant'Y due to od.irncntrrciun Such • b and the storage ::paces allocated to nttntici,p<tl• and indt,at:rial wutcz supply, shall be defined and clesct'ibed in nn e:chibit t,hi.ch s,i11 br. , Part of this contract. 1' rile ].a1;c storage cnpacili.cu ma ollowinn setae principle made a 'U c rasull of sc:<iime,ttotion z'etYuwefurtiler a<Ijttsted frorn" timclttor1tzme cr~t'itbeof and the exhibit revised to is to reflect actual rates municipal and industrial saasr suhe revised story, of sedimetttal: ter !on pply, 6e spaces allocated to ' i d, The permanent rights of the City under this contract: shall Conti rued t;o loo IewicOvi.llie Lake,B Covernmettt continues to operate t}te project:bnnd or Lewisville Lako]as n the thehe event the Covernment 110 loo er I.• fl separate contract , such rights may be continued sut~jncttleo~the~execution project or addit•i.ortal suppletr.ant'al agreement providing for; 1 (1) 'Continued operation by the.CitY of such part of the facility as is necessary for utilization of Lire water uu> l to it 1p y storage $aces t , p allocated (2) Terms which will Protect the public interest; and liability (3) gffer•ttve.absolvemetit of the Government by y in connection with such coutinned operation, the City from ail. Al2TTCLL 94 Release of Government cams, The City shall hold and save the ine].uding its officers aQents liability of any nature or kind for , and employees harmless from which may'bc filed or asp or on t of an Lewisville Lake serted as a result of the storagyeslinm for damages Lewisville 1.akep or vithdrnwal or release of water from tile probe Ire c,, j ct And made or ordered by tie operation, oz maintenance of the £eatutr.esity ar aspputta result of tChe ct or by the City, r'L_Aevll } that thin shall not Of conz,trued as oblig operaed ratted n, and operated ' ed otligating to hold and save the Guvernment-harmless-from damages the City from the sole negligence of tho Governmenr or its officers ago employees and not or liability resulting involving negligence on the , Guts, or agents or employees, part of the City or its Officers, ` ARTICLE lb, Assi amen;, contract or a--- rile City shall not transfer or assign this any rights Acquired thoroundor at°rage spaces or any part thereof ,nor sub-allot "aid license whatsoever in connection wit:hothisacontrace water supply tiro Secretary Y .interest, privilege, or > of the Arnty, provided fntet'est, this restriction Chat u , without the approval of t pleas contrary to rile publi.e shalt not he construed to a tl may be obtained from the water supply storage spaces p( Y to an furnished to any third any water that City and party or parties, not any Method ofeAllocation thereof, 7 y~ t1•taaa:s i (AI vss.~ ,,,ras Ei L9aA ~at:.!I ARTICLI; ll, Offici;le Ito( Lai brne_fit_, No rncmbor of or dr]el;atc Lo Congress, or rOOidenL Commlc,sionct,, shall be achni.tted to any share or earl. i of this contract, or to any benefit that may arif;e Lherefrota; but thiS { provi.si.on shall VIOL be conaLrued to extand to this contract if made with a 'corporation for it,, general benefit. ARTICLE 12. Covenant al_ainst_coil Linrent: Ices. The City warrant::; that Ito person or sel.li.ng agency has been employed or retained to solicit or secure this contract upon cut agroerneul or understanding, for a comm.i.aji.on, percentage, brokerage, or conti_ngcttt fee excepting bet , fide. to fide em~lo 1.,1 lisped commc.r.ci.al or selling 1 1 or bona estab City o I the purpose of securing business, For braeachcorn'viol.ation of thin, warranty the GovernmenL shall have tho right to annul this contract without liability or in its discretion to add to the contract price or consideration, or { otherwise recover ttte full amount of such commission, percentage, :,rokerage, or. contingent fee, j ARTICLE 13, FnylronmentaL_qu,flA_U. During any cons and maintenance by the City of any Ircci.l.ities, specific. actioniwil:l.obertnken, to control environmental pollution which could result from to comply with applicable lederal, State, and local laws anduregulati.ons and concerning environmental pollution.. Particular attention should be given to 4 ° (1) reduction of air pollution by control of'bur.ning, minimipation of dust, containment of chemical vapors, and control of engine `exhaust gases, and of smoke from temporary heaters; (2) reduction of water pollution by control of sanitary facilities,- ,storage of fuels and other contaminants, and control of turbidity and siltation from erosion; (3) minimization of noise levels; (4) onsi.te and off.site disposal of waste and spoil; and (S)' prevention of landscape defacoment and damage. AltTICL8 14, Federal and State laws. a. In acting, under its rights and obligations herounder~ the City agrees to comply with till applicable Federal and State Jaws and regulations, including but not limited to the provisions of the Davip-Bacon Act 00 U.S.C. 276a et soq);"the Contract Work Hours and Safety Standards Act (40 U.S,C. 327-333); and Title 299 Code of )ederal Regulations, Part 3.' b, The City furnishes, as part of this contract, an assurance (Wibi,t C) that it will comply with Title V1 of tho Civil. Rights Act of 1964 (78 Stat. 241, 42 U.S.C. 20004, of seq) And Depart:motlt of Defense Directive 5500,11 issued pursunnt thereto and published in Part 300 of Title 32, Code ~ of Federal Regulations. ARTICLE 15. DYFINITION£i. 1 a. Joint use costs - The costs of features used for any two or more Project purposes. b. Project investment costs - The initial cost of the Project, inciudingi land acquisition; construction; intereat during construction on ' 8 1 r WWI 1 'S7tIT:-fA l}te vr,lue of laud, lnbor, 1111d ma ter.iti7, ut;cd for plannfup, and rorrstr.ucfion { of the Project. C, Specific coats The costs of Project: fcntur<cu; normally serving only one particular P,•oject purpose. i d, interest during construction - An amount of iutorost which accrues on expend for. the eScabli,hment of Project t:ervir.r., during l:hc period between the actual. outlay anri the. time the Project is faiV,t made nvailable - to the city for water storage. ARTICLE: 16, Ajr}troval. This contract is fi;ubject. to the written approval I of the Secretary of the Army, and ,hall not be binding until so approved. I I. l E 1 9 ~jj~/yr{ ~,tY:Q~ a'vl.xpa r IN WITNESS l'41l',RSOI', the day and year fj hart'ies have er,ecuCed thi cunt,t'net as of the r r;it nbove, h,.itten. A-K)1tOVrD:. !'ill's UNITED STATES ON A?FUItICA Sect^etary of C11e Arni W r- IOIi Il, Slti3AltU'~ Colonel, GIs COlltraCt iIl ()ff leer f Date CITY OI' D};NTON~ TCXAS Jr i Y BILL NrU f Mayor I ! f' IsonlonBroults Holt, certify that I am the City Secretary of the City of D ! ? Gounty, 7'exats, named as City Denton h< herein; contract t on behalf of the City of Denton was then gMayo~eofwtilegcitydofhis Denton, Texas} that said contract was duly signed for and on behalf of the City of Dentun, Texas by authority of ite scope of its legal powers. governing body and is :)ithin the IN IRTNBSS IMP~RR01`, 7 have hereunto affixed my hand and the seal of said City of Denton, Texas, this Gov of 1975, , t t3R00K5 }IOLT , Secretary, City of Denton Texas s CORPORATE , r I j 10 ti Contract I;o, I}ACF}b3-75-C UUUU /,013);1-")'_ rT., 1 `117137.7 x„_P1c0.lI;CT .S'YO)kAGES Tn . A ubrey },nice Percent Pevvent of Gro UsabJc of water Feature evation stornge sl.nrafe usable supp1Y (feel Ill i'1 i )w (aPrr-feel.) (ncYe-fecL) -to ra F; Core Flood control (32.5-61,0.5 2650000) 260r~ ~ dater suPI ~l , 800 25, 822 y 55ki.0-632 .5 799,600(2) 749,200 74,178 100,0 j (City of Dallas) 55().0-6')2,5 (554,x,00) (City of Denton) 550,0-ci37,5 _ (54,891) (74.0) , Totals {1.94,800) (7.1.267) (?G,O) i . 1,UG4,GUO 110JU,000 160.000 (l.) Includes 41 200 acre feet rstlimer.t reserve, (2) Includes 500400 acre-feet sediment rocerve, In 7,ewit:yille Lnke Poroent Percent of GYgSS Usable of Watel' I ! Vlevation storage storago usable supply ff Neuture feet msl) (acrv• fe ( I .5_et ) (Here fe~:t) seorri~~ star,._.api., Plood control 522.0-532, ' 0 341000 (J.) 306,706 34 825 . Water supply 481.0-•522.0 648,400 (2) 574, 000 65:3.75 lake 483.,0-51.5,0 (464 500 I , 75 R (City of Dallas r r ) (136,000) (49.506) 100.0 -81.0-515.0 415,000 47.122 (95,2) (City of Denton) 481.0-51.5,0 21,000 2.384 (4,8) Raised w/o pool 515,0-52.2,0 (783)900) (138 000) (15.669) 100.0 (city of Unllas) 515.0--51.?..0 (City of- Denton 102,100 11.593 (74,0) o ) 515.0-522.0 Totals 35,900 4076 (26.0) 989,'!00 8800 700 100. 000 (1) Tneludos 34,600 acre-~fect sediment reserve, (2) Includes 74,400 acre-foot sediment reserve. XT 1~ROJI Cx rnmc'~ UC9ION COST Estimated federal construction cost Estimated nonreimbursable costs (unallocable) (l) $149,603,000 estimated project cost to be allocated .~5P840,,d00 1 13,0oo Estimated interest during construction on allocable cost 1$lrlj Estimated project investment to be allocated 16J~000 (2) $55,374,000 , (1) Relocation of roads above replacement-in-kind standards. (2) Interest rate - 3.252. Tntorest rate for rcimbursablo amounts will be not as of the beginning of the fiscal year in which construction of the Project to started. A-1 WOW 9 TTI AI L(CAI TON 01" C0N.1;, R0C'PIOtJ ]1 VI?S7)rl;?r'P ' (5eip+tutGlc' co;ai;; - reluninSuF; Geuc:I7i;; r~tcl~}rr,d) - idal'or' kecrec i ion and r l Iist•imatc ?---wi.td.li_fe loo •d sPecMe taJ.l fac'llltiea cost , Aubrey 1;111sa v lli5,000 $].8,703,000 hewlsville T,nkc X11+5,000) $ 18,II1,g,000 I (7.6,433 ,000) (1.G 5 78 2. T3st'imated u (0) ,000) fae11 C!sJcost use (2,270,000) (2,2%0,000) ` i Aubrey Lake 89,707,600 35)207o/,0o Lewi v11.),r. i,nke (8201,,6UU) (34,043,400) IP11,91.5,o00 SuGtotflls Cost 9661000) 0.,J_64tow) (120,7f3S,000) 3, rsti.mated intnlest $89052,600 $53,910 ~i,l.?U, 000) )100 $1ls3,I63, auxins construction 000 8,022,400 Aubrey Lake 3,588,000 1,ewisville Lake (7,75'7,300) (3,588 1300) 11+6`1,000 fl) 4. )?stimnted total -0-6-5-a 00) 177 a00 (11)m8,100) allocati _S1 ~ on 14z 1 ) ,100) Aubl'ey 1,nke $97s875,000 (2) $57 499 000 Lewisville Lake r (94 643 900 (.5-11887, $1 5,374 200) 1000 (3,23.1,100) (,3,6111800) (1118031,100) ] (1) Interest rate - 3,25`/„ Inter as of the boginni est rate for. reitaburs.able amo (6'84?,900) ,1 P'Joet is started of t)ie fiscal; year in whicl1 construc Lion t of Will be sot the (2) Investment cost to be repaid byl City of Dal, 1,9 City of Denton $72,427,500 74/, \ 25,1+4 /7500 r 267. $97,875,,000 ~V ALLOCATION Or r IATT,n OPERATION AND t1n1NTIsM11er 'COST ; {later Recreation and s fish_nnd wildlife ~p 8peeific cost 24 Distribution of Joint use $ 47,7oo $435,000 cost (Porcent) $4821700 3, Allocated joint use cost 57.283 42,717 4, Fetal allocnt:ion 811800 DLO 100.000 j $129,540 142 00 To be paid by the City of $496,Or0 r $62 ,5 262 of specific cost Dentonr 14,8942 of pro of water supply d $12 402 Total p Sect joint use cost n 21 268 $33 6 33 670 $6251500 X 100 a 5.3832 of total annual operation and mAintenance cost', y A..2 J LCIJj.a Vjh].C 1,A Its Flood Water ~I Fxisti.nL~ro~ect Coll t1,11 ~i:u~ _ Ja] .:,Y Total, Specific cost $17,261. $ 1,571(]) $10,832 2, Allocated ,joint use cost 27 07 J. l.t 'i58(2j 38 630 3, Total allocation ;44,333 $1:3,129 $511462(3) (1) Operation and maintenance of outlet structure exclusively for`Da11as /t ^ , 2 O ,II/. ,aid I )y i Y $554. i (3) lixclusive r° operation and maintenance costs for land management and public utilization, $ 5 G2 x 100 0 1,O% of total annual operation and maintenance cost, I Raised ttdteo flu..1.>1__P.~_ >1 00l flood Witter control _ t>I Total 10 Specific coat $17,261 $ 2,068(1) $19,329 ' 2, Allocated joint' use cost 15 216 2)(3) 38,630 I 3. Total allocation $40,65 $17,284 $57,959(4) , (i) Operation and maintenance of, outlet structure exolusive]:y for Dal.lar, (2) Water suppiv storane in raised poo]. 5)4,000 : f Water supply storage in existing pool 436,000 l13].65 I $ 1,571 x 1.3165 - $ 2,068 $11,558 x 1.3165 = $15,216 (3) $150226 » $110556 $3,658 26% of $3,658 n $951 , 054 + $951 - $1.,505 (4) Bxclusive of oparation and maintenance costs for land management and public utilization, P 7 505 57 959 x 100 - 2,597% of total annual operation and maintennnca cost, 2,5972 - 1,000% 1,597% of total annual operation and maintenance cost allocated to Donton for operation and maintenance of the additional water supply storage in Lewisville Lake. Sedimentation resurveys! Raised water supply pool 6,460% k>;iOting project Water supply pool 22.400% Diffarence allocated to additional water supply pool 4.060% j A-3 a i f y - __QL11UrATro;[s 1'0 f ~~_R ni~Tunr, in~~rn:n~r~ rota r~~r~~ rusr^nrrn n,rorirazn'rru,r r rrecmat atatc~r_su11>ly; 1,ewJsvllle l.ako $ 3, 231.,100 x 6.26 3 Aubroy Lake $94,643,900 x 0.26 r. 0,50 $ 840,1.00 3 Amount to be mnortixed J2 .1 3j700 $13,1.43,£s0o I Based un 50 equal Iayrnents, 49'of which bear 171ter•est on t}Te naicl balance. at Clio mate of 4.377. u percc~lt, A r . P a 1, P annual payment i+ c A c amount to be repaid h $13,143,800 i c "'tercet rsite ~ 4.371/< a amortfZati.on coeffic.l(snt for 49 00 years y .006125257063 P ti 0.04371 O,OOb1252S7063 20.066,115 ~OlY $13,143,000 - r , 21406611501r °'313,143,800 P n $623,930.90 l Future water~lY; Aubrey Lake amount to be amortized $1203030700 Based on 50 equal payments, 44 of which bear interest on the unpaid balance at the rate of 4,371 percent, P P annual payment: i + c A amount to be repaid =41200307001 ip i b , n tFr.es t rate a 4.371,G e a amortizatiotl coefficient for 49 812,303; p P years 006125257063 700 P 1-~ 0,04371'• 0,006125257063 20,066115olp a $12003,700 P 21,06611501P t $12,303,700 $5840051.69 f A-4 1 • c~„rt:~:,~~c tao. I~ncl~c3-•~s-c•-opoo All Mxy I,ril;fi i f ur,ir_it _ rnvlu rii •st ifrbin,e YR. PAY.413PJT T'3 PAY!fl-NT 'f 7 NO. I13'fl ;1 1 TO1'.OL 3,1L:1hd0E It P3I.IC 1?AL DA Y~I 1s!J'f 'M I-- f 1 0r00 62393Q.90 0 1314040,7.00 2 547243 pg l063?7 ~~3930 90 I ,1 9:5;i. k 3 543391 , 47 ~0c139. t73 ~..3 )3C7. 714 1 2443 81 . G 4 540392'95 623930. ]p 123 6:31 ri . 5 536741,50 (37139.140 G2s9:30 np 19614.3n 6 532930.45 9100p.rr 623930.90 1219ti4i?;.n7 528h52.~3 I~ 623930.90 12101 8 'i14.46 9119 G?.39:33. 914 82 7 80 1 . 3 3 12006436.30 ' 9 520463.38 103122.57 623930.90 1190'130G.'s^ Q 515946.03 G23,30.90 10 7984 .87 11003bga.30 2 39 11 511226.02 6 1127014.88 5062 623930.90 IIb~5SS59./fr 1' 99.69 127531.21 11583154.5 13 501158.03 g2772 g7 Gn,3934.9.p i 1 14 4h579E.6~ f „ 6.3930.914 113ri2750.117 5 125139.2(5 ! 4901 90. 623930.90 G6 133740.21, !1214011.! I 16 454344.67 E395&6.03 6n3930.90 1080870.95 I7 475243.56 623930.90 109 412Cir1,9~ t 1 8 471875657 14 ,6437,34 623930.90 10'795!i')7~ 53 , 52055.,1 19 465229.23 r G?.,3930.90 10 614.3 5.I' f ' 20 458292.38 1 5670 1 .67 623930.90 1 10 4 £S4 140, 53 - 21 6563&.52 623930.90 , 451050--32 1 72878.58 1 031 9:.0..06 I 22 443495.80 1$0435.10 623930.90 10146323.'ig ?3 1135608.98 623930.914 9965 ';$•3`1 217 4273 7 7 . 43 166322.92 623930.90 .46 I 25 112737.08 196553.47 623930,90 9%77566 f 205144.82 95$1012.99 Il 261 40981 9.20 623930'90 937586(5,i7 217 400460,36 21 22 4t 34 1 1 70 . .57214 623930.90 9 75866.17 23 390692.48 2332.38.42 623930.90 9138285099 29 380497.63 2/13/033 27 623930.914 5705047.53 3Q 369857.16 2514 073.711 623930 90 8461614. 2G _ 31 356751.60 265179.1 G23h3Q.9p 8207540'52 32 347160.64 2 76 70 623930,90 `77029 ~ 7942,361.2? 33 335062,98 ?.88867.92 6..3930.90 7665590,93 34 322436.50 888861.34 623930.90 73.767?3.01 35 309P$8.25 314672.65 6,3930.90 7075v?gt G7 36 295503.90 3x8427.00 623930,90 6760556.0_? 37 28114#3.36 623930.90' 643~I?9 . 0~ 36 266165. 3,3 34a730, 623930.90 6089346,43 , 39 35577765.57 G23930.1)0 250527,40 5731.80.91 40 234805.93 3 97111,950 623930.80 5353177.41 41 217171.06 389?It.7 623930.914 4966,452.44 42 1 99391 0 5.9 406759664 62393 . 9.0 4SGi 69?.!,p 43 424539.32 6, 16Q834.97 ~3930.97 4f 7 41 3 3 . 7 ~ 5 5 93 309 ..3930.90 3694Q57.3.5 44 16144 462463..65 60 4S 141252.4 623930.90 1 ,96 482G77,9r 3231593.70; 46 120155.11 I b2';930.90 S03775,79 2 47 98135.07 75.79 52 623930.9, 2245139.97 46 751$2.53 5795.3:3 5 623930.90 17193',4 . 1 r ! 49 51165.43 4$778.37 623930.90 1170555.? 50 26129.35 572755.47 623930.90 597600.3? 5971:)o.30 623930.15 0.00 rU-s.. CuntracC Ito, DACI7G:S-75•L'-0(100 Auls~tr;v },Ata{, 13X)1l1SIT C 1 AS,SURANOF Op CO11111.7ANC1: DPipAI{9'111i1}'1' OI' 1)1;FENSIi I)11UiC'1'lV1{ UIiDI'sl{ 'TITL1i vI. oP '1'1SG CIVIL RIGll'1S ACT OP 1964 { The City of Denton, Denton County, Texas E (1JO>r.inafte?' called "Applicant-Recipient") MREBY ACRRES THAT It will ~ v co"Ply 101th title VI of the Civil. Rights Act of 1964 (Public Law 88-•352) and all requirements imposed by or pursuar': to 1:11r I)irective of the Department of_Dcfonse (32 CI~R Part 300, issued as Department of Defense Directive 5500,11 December 28, J-960 issued pursuant to that Litlc, to Clio end that, in accordance with title VI of that Act and the Uircctive, no person in the Uuitcd States shall, on the ground of race, color, or static i origin he excluded from parLicipation III, be mal otherwlse subjected to discrimination under any11progratm or~t~ctivi~y,for,be which the Applicant-Recipient receives rederal financial. Assistance from the U. S. Army Corps of Engineers aa,d HEREBY GlV1;S A5S111{AA%4CI, 'kjlAq, it will immediately take ally measures necessary to effectuate this ag reement. Tf any real property or structure thercon is provided or improved with the 1 I aid of l'edaral financial assistance extended "to the Applicant-•Recipient b f the U, S. Array Corps of Engineers, assurance shall obli g y Recipient, or in the case of any transfer of such property, anly tra noferee, for the period during which the real property or structure is used for a purpose for which Yederal financial assistance is extended or for another PurPose involving the provision of similar services or benefits. If any parsonnl property is no provided, this assurance shall obligate the Applicant-Recipient for Cho period during which it retains ownornhi.p or possnssion of the property, Tic all other cases, this assurance sha11 obligate the Applicant-Recipient for the period during which the Federal ii. financial assistance is extended to it by the U. S. Army Corps of Engineers, THIS ASSUIUNCE is given in consideration of and for the purpose of ! obtaining any and all Federal or other Poderal financial assistance extendedoafterttilepdaterhoreofstouthe { Applicant-Recipient by the Department, including installment payments after such date on account of arrangements for federal financial assistance which were approved before such date, i. The Applicant-Recipient recognizes and agrees that such federal assistance will be extended in reliance on tl::a ropresentations and agreements made in this assurance, and that the United States shall have the right to seek ' C-1 yQtl1g'A4N'.s154 SS4 { ~udl( ri? cnforccrnent: of i t}lis nseurnnce. P}lis nssurnnce is W.110.nF; op tile, App),~.ce3}it: 1tecJpfanC, .tt ] ,'uU000;i;iULS, tennsferec..(t ,arid, assipllcce;;, and the peraeil or tler8ow; WhUSi(1 i,i ttne Lll!'C:3 appear bC ),UYl are till thUl' 14C(I t:U F3 (rll tali.U ' J OUS(W+uice on bellal.f of the Applicant-Rcciplent. 1 I ! '1'1113 CITY O DEIHTOM, TEXA6; r i Dated ; kk i 13Y ` I lixlJl td1iU 1 Mayor (Mailing ac dress) r ATTESTe BRO 8 j(OT.T~ ~ Secretary, City of Denton, Texas is } I I~ I f C-2 '-'Awn, E. CUntrllCl: Jdo1 DAC4~'6,3~7$..C..000Q i hU)skJ l Ln , i ffI i OPIN7.Oi7 Or COtINS1m , X have real - s viewed end approved contrhet number DACI)63-X75-C-0000 bets,;en I the UNITED STATES Or A?•JUICA and else CT.TY Op DbpP TOn, 'P33XrlS, f i IrarticuJ arl Y I have considered tho effect or. Section 22i of public Jatr (42 U.S1C. 1962d-5b and nln of tho o ~ pinion tbltt the Cit 91-611 y of Denton, Texas ! has the requisite le b al authority to enter. into and comply with this f agreoment as required by t},e aforementioned etatufa. WI kAT I'` j pL1,yN j City Attorney City of Denton, Texas I 1 r 1, 1 D-x i 1 ^.tb,Cii .1 anK~,Rka j K,.iT 1.11 t sfJ!'GU~l~r, 18 Juno lgja Sl1 ACTr Aubec.,y tako final Oraf' of Witcr Supply Contr.7c is utvislon r"rftracrr, Southwos3tern to fiofor to iottar ')WFE'b-PC dated 16 Janurary 1975, sub.loatt Auhroy take Additional DOW for Uaslttn Jlc lxor.•andum t!u I NirtIcIpotlim, with throe, lodol,600011ts Gcnoraf and lracai Inter©rits - 2.1 Inclogrcl ,,jre nubjoct raItrzaat drafts. Tho Yoc:ortd Indor.smient of ro(e.renf;ud lottor n.;pi•;,vad au z haste for final negotla t drafts uubmltted 16 J,1mviry I'a7>. The Inclotod drar-tn Inrrorporaatotile, I rovlOr ma rusultiog from no~jutlatlcmS with t€ro CICtc9 of Dallas anti Denton, the roviskm3 requlrod by thr, rafarnriced rovicw tnclorsonaants, and further f rovlslons proposed by the rllstrlct. I The raagntlated revisions doalred by the cltlos are as follalesst ! I a, in Jlrtietn 11)(1), storage copucitlos in fJm at aft:orra djus,tmuntrforasodlmont d"slts, bi lra Article lb(2), and all Svimtywont contract ,hr i s tablo, "ha cltlus aro granted the right to transfer vrhteratostindafrompthe~ water supply vt:oragas in tho two tatc aitina to u$e tlsosa lal uy, This: praviglon Is nanded foll the cea, as rr4sy bo naedurl, ns t,ark of r' Iir•oNosad tuturm ssystehl for ltatrabasln find intarbasin transfers of water to supply diverge I ndods In the north central Texas FnatroPlax ar" in the n,ors t t 0oncAmIcal Danner, Art €.,Ia ,d Is oddad In the aIty of unllah contrast at the roytrast of the city. This, Iongupga I€ralts repayment to hoing niado from ilt,llast surplus rovenuas from watorsq,rlco and eanltary savor operation but rommitts the city to astsshllfill u rata riialch wiII Inoiro that the contract t,,ayrnentb aro mat, 1'ha city alai}os to avnid financtntt Clan project ag an uncanditiopral Obligation of the clay hucauSo Choy balIavo that, by go dacragslnf! Cho' avaltaf,fe t1obC nwrpln of the r.lty the Intorast rato whlch vn7uld heave tca be yivan in Order to sol l futura ~ ; Accordlnt nr~ral obligation bonds vx,uld be Inarnasod, R y, tho city ~c tvlGitels Co flmanco the obligation Saioly out of rr;venuoss of tho water and 3rayor system. Finanelog tho presant contract out of r;.yst iS.s1{4:y a f sl~rcar"€~~ 5UGJtG'fr lit Juno 1'775 huhtdy Lrrko - hlr,ctl Urat't:n u{' 4J,rtc r Supply Cc,ntr,tet ruVenuds fu cr,mpl Icl,toc.{ by th0 vc:r•lous c:r.von^ntr+ t;iric€1 th,, cl ty hr.,s tafvcnn III Its currently Outttt:udln,r b,itijs: I'Irat, the city Ilcru bound Itsn1F to ca:4tlut1 rocus and nrakfny 1;aywonta os rot €civI51 "Thu City tell] fix r,rsd 111c11ntaln rltteG for the s it wilcit will pro(lucc: llwo„lu aufii,.lUrit ctt 0H t},;;r,nvta ces the Sys>cyn, oprn•cit€oll, uc+InC(n,]nGf:, dullr0(,hlt1on, (%!placcooerrt and butturmnrlL chO)gw* {System fund); W L itabltsn and r,kalntnlrr t•hu Slar:clal Watorwor•ke ana` 5inltcir 5c~tlr f Cuattrvu hung f;, y r SY t~ni {iwc+exlu rand lint! ( end Icupd){ ['0Y thn rcr{ulr(,°:a.nt, of altlrathnrlcf straru/3n0 lawful Ir,dnhtrtlnuc•s ;i( r dln9t tirn Systcrrl," All ravonuas, of t:ho ays , tr,u errs F1i^,f: plaryd fn Lhu system fund and ore used to €,"sY ill uC,rntlfill anc• nerintvnanrtu a;cpe,ti~uu of tfra systc'<n, 1'ha city Is also refltjft•cd to (nlintair, the bond fcfatd, w1- tlah a oill)ts to .us oscrcity eIc(,,ount for tho pnyrul)t oP tf,u rtoxk r,lar,urfrta slcvnianuuul I pwI'mont plus ana year's ovarag0 pr €nrapnl and Int~oro.v tI la~j~Ynlnrjtlnto /v~y ;1-iy left in c th0 tcy.jtc:rr YuI .',fkar dl5r}t 11 r, lunirJs era clcfht0d b 0 of the (iFtl cold band fund rrqu€rentotts y tho covunnnts ?Is surplus r(IVOITtIct an(1 I,I;ry be used for 1)1-101 retircmant of tlso bonds or jrIy athor City char{.ar cleclareLl die! revol{,tsfroiiI the tlatrrr(I' I Clr.10WO 4,artnulr~t~tjolt)a ally V43 t, , I 'rsacrrd Fund" which + Shall nevor bo olvnrtocl to arty purpouu utrtsic€u the utlltt:lus syatwcl, lLnrcitor0, alncu the ,r nralntrananc0 oxpensas .rod boctd rOr:,,tt,t~~nt L#trnurllhfthe hondrfund,rthoocombitned offact of tho sur;.lus ruvenus c:OVun:?ttt jIncl the 11 i vision is to 11111€t tiro use Of surplus revelluud forcbnrldfif,r,'ryrccna(w ttor for~ cepltol axl,erlolturo purpose:!{ t`rlthln t• 11a systtirI, '}'Iro bnjld W11rG that the city t' r6 cuVunnrtts furtltcr trill nor er'r,tract With any por•aOIF, firm, (ior[j0r,ttIOil or pub)Ic lnstrur,lantalft , Y, ,tvalVlnl7 tht, },urclt„ CIty or the dfa{sursrll of list, City's fi sO Of ta~-)tar for tilt, ew,utle unlcssss 1 ' such contract is fln;ulcod as a cnptttrl cx,,(m~lturto hOry oD 1'iho trya City On ha unddr socurud t'r0tlt ,!n irteirspolsdant Ce:rttftu Pub? bl to that for thu rIndor s 1 fiscal r.•. AccUuntant a curtiF€crtto showing at )oast the rn3nlrrunr arrrrual {,,~yrruntr~duotundr3rnnu ouuch0 nO 1, to at the x€muut onnursl ytrao Is tholl principal and Intsrent ryclulrc~mantsrofLnlI bonds0 Acoar If'sf'el'nilnt7 wlifcls are pyablo saloly frnm the SystV?Ijs not rovonuos," 1-1 y if tho prosent contract is to 1)0 flna~nceLj Out of systoo rovenun, It roust be traoted by tho city as n capltai exponultrma and paid Out of 'rnurpiuy rc,v0nue," 0v<,r the f7ast ift i rsurpu in each and Over vonru, Vallus lins slon0rotcd surplus f to a high of 13,7 rni11(o~ ,I iars'Uing frnrn 41' low Of 4o2 utf I I ion ciao oars d. In Artlcio 7, the last sontonce reunrding project forrnullttlon bused ors 100-ye4r cc0namf0 We Is Weled, The additional l;tnpctago willch states that awrromic basis upon whfels tho i,rujoct wcrs fOrtiIIIIatnd to added to lliv0 greator doffnitiO11 to On "Iffo of tlho ,1-•o " ont A1) t) WOL) 7 arrd peraranoltt riglau of the uity3undorlArtlrclolOdk o This co of Was nk'tc!a at the request 01; tho alty of 1i,111,1s In all attempt tode;rlonutratcs, for the sake of presont rind futuro bondholders, that tho city's rfcuhts undor this contract have a finfto value &11111lnr to un uqulty in a proporty, x f) 1 AI , !t • i I SiJ1~tU-fL' Juno l3%y I SUM.(;T} Nubr'oy Lalcti flrlc}1 UI•aftr nlr Ilatar Supply 1. t, ll ,if L!, 3 rl, Irl 1.2f1'C, rnVl:;lOnB reijflil'i'.i► by tho retviv,-i IfiL~Ur'5iadelyCB Of 1'c7fl`. letter 61-43 JS follows! 1'UI1Cui4 i ! 1-1. Tho prevloualy t}pr,rbveif 1-,:v€slir r, to Artir,lo ~a(4) !s lrtr.ludcu€ pur p,ro<trtiptl b(1} of t1jo s;df-!b-T Ist lrn,lr.~raurrcrrt. b. A suctloa Is Fuldud Co lfrhlhll: A CC uhfrw tl,cc durivotlon of rna,lor capitol rei%loGOrlctrats (n(I sedlnt+utotlon resurvuya casts ► ! tiro WlUi-L€fl:-it 2d i>tar lndc}r.wark>nt, lalre.x1rr1p►) b cif ! 5, Revardlnq parapra€ i! 2c€ of t:1,0 ARt1r tat Mothod shorn) does )lot ocrourit f(W thn cout of ~ft;CUrnrreolrcatfon v&u~Il lt(ctc:n I In the ireject, Gur analy'ils of tlto ollowgblu dofarn i ,lont Is ns Follows: Initial con.,.truetlai cori*. { ConNtruct:lon cost oft ruture rrcraotfnn i`,acilltic~s $11+4,500,000 Tot a] I1- tlnk~tccl €>rnJrs:l ccnstruatlurr Cnot ~~!i,(100. Total project cant rrTlocated to writer supply ~O porcent of total pro.la:.;t coot $ EI5 82),f 0 ; 4,i~~;l~gtu) r Local Intorosts must take for prosent supply ~ ~ ~I?,,u~~,'iutl Pr©sant supplyt t,ity of oalleaa ;34,.342,W2 j City of vantor bvwrtiubscription r 12,o66,418 46 /tog 3u0 V--I. ;G71;z 6. Portlnent to the revisions propoud by tho distrlat is the fu')owl rig dlfacusslon, Aubrey Lake has bQon formulatwd on 06 b,auls of sorving water Supply and recruatlon porposes, AItt'-ugh flood protection and lienofIts within the boom aro not Increaj.,sod by the pro,#oa, the, lako will be operated for flood control nisn, lncludlnt► flood control storages Jn AubreyLaka allnt'is for tho i transfer of an ©qulvaluut portion of tho flour€ control furtclloo out of .%ilsvlile Lako to Aubrey Lake, This transfor o(' fl(x)fl control storarjti will pormlt the consorvotlon pool 7ovol of l.c.1i.1111vllin Lako to be raluad, thoroby kcrenslnlr the water supply capaclty of the two lakus systom and the recreatlon potential oplxirtunltloc at Lcwrlpvlllo t,akc~, To permit thla storage tronafor, ",I* aupplginentaryconstructlna work most be dono nt LtcWsyllle Lake. bocausa of the Incre~ascd rearoaClon potential of the IarUor consorvationlpool, f raddltionn) recreatlor, fncllWas will bes davOoped at Lowiaville Loko Imdor the provlsiony oil public Law ayw/2~ Thene construrt€on costa at Lew€aville Lake ore conslooresd to too hart mod €arcol Of the cart&tructlon of Aubrey L,sko and Itnvo 1}nen ineiudnd In t:hn forp,ulatlon ttudins In the capltati de+vnll,praeka J?t cost cif Aubroy Loka, '111-3 auppiementnry construction cmt rit Lewlsvill(: Ulm (Itat Includino rooroatlun duvololx,rant) and Clio fleacd rontral np d f atlun an nointorlance costs dt Aubrey take iii•u consldarrsd to b+~ ,Joint usn costs 3 1r'Arr 6'. s1r'khi sell'^~41 13by1f1{}tN r 5 1 i , ~ ~ldl•I:I)`•fG f3UG,t;Ci'1 Aubroy Lal:a !'trial Urafi:h uF ?dal:1r Supply Canlrnttljo Junu ly%1 ulapl(Ctlt)la to Aul!!oy Lvko rs servlnq tho f(WIN11ef.e and recreation and have bot.rl (11AVIbutcd ;a; liII fill) Ctclns lo(: yr fur f,iibroy t .~:o, tlonu Ui cosrts involved In In tilt) r:cast rrl Of lllb i Kup;aly havo boon (1111>Catud to 01' C;hr?rj'.`, till: d('. c 1Gtl'ItLr1t Uf" ll;lur'vy4Nlko 1 ?o I'loo'd C01)(1•01. At`ter itubr•e cornpl0t0d roil In uporrltlc~n, I•t;erlt:V MI L.ako will contlnun, c78 It 1~1 jwk1Srant'1y, r~ to ho upe:rpitad i'ut flood rarrt.rol, ;v,:;tur and itIan ~ti:',p• , th opuration and Iralntc,n; ('i 111 ,lncu cvrty Inz:ur•r(d I)c rig aJ)allcrabI s only to 1.u;rl,vlllo Lake, (iparutlon arnl t,uiUlfen;nao pi' Circa near racre~•ltlurt c,'nvr•;IOlrannt ut Lavrlsvlllo heiku still b, tl!n respc!nslbII Ity of itaca) Intarusts. I llcducod flood control 011d fncrrr:,rcd r':nl'crr' st,pply In L.>.r43011ra i.of;o leads to r1 prnt!rrr!ptivra thilt Onod control opcrntirna and mt1lntommice costa sllouid dcc►'erlsvl turd vrntir supply Upcr.itlon .11:(i rri,ifntc:n'~ncc cnstg ehuulc! { Incr'uarco; fimiover art anAlyr,l(i of operation and AmIrrtUClrmco rociulrcarm',nts and 1 co0i,tf for Ciao Project cross rv)). support tins pr„strr, the I rnr~nrlnt flc ld ,areonnrsl t;uni,Ir,:rorlC ot~arutln ptlIon, I'ol luivln i I 1 tai Ltwrtsvf liu 041(a ;)rojelal Isa!sln Eliulnaor GS-1 , 'I f/(> b:i5in lnUinucar's Clerk 43•`U!; I/~ R(morvolr Huirrt<lraneU 4kal•keral ftaasorvolr Ikaneoa$4 G3 lZ Lrrld rorcrnc3n, idS-pJ 1 1 ; kusurvoll' kwinr r l Ilorkcrs, 6,13-04 keS tarvol r IIAn;JOr, (;S.•p~ 3 1;r~rknr•a, 1'lG°~a ~ ? Laborers, 1•iG-03 I I Clerk, GS-ay 2 l An anolysls of porsonnol rnqulremsnts rrt tho faroJOct pill an tho cons l IOUI lovol is rafscd franl 515 11ra0t noun sun lavral to r'r ¢rvatforl Indlcrttos no ossonttal chnnl;ea from tlln currant a.'Z fcot Doan seat levol cant of toffing, (Iu II clnfl Lila flood cupacf ty of the lnko by about anc-•tllird 1'1111 nOt materially frffact the bnnic proJeact tltni'fln~ i rcqulrenlonto or cost of operation of the proloot ibr tiro flUgd control purpose. Slncn the Govorrxliant will retain oporatlort 41d nutlntanrrnca control of rocroatlon foattires at Luarlsvlflo by the duValopmont of Aubroy Lnko, tarn costa og L-4440 not trddecl soofutod tharesvikh are expetftad to ralnr:ln pdnantlally urrchnnUed 4a IsO, 1"Htor for viator slrplaly from Lrr`rtsvl tlo f.raf;o {g rolrnsed, tlpcn rc+cluast front 1GCAl tnttaresks, uracltir tho control tans! ~Ilrnct:lUn district Lk, ke Ilydraullcs Scrllon. of the Althutr;;h ti1t+ t'aisacl consarVn¢lan Ixua! a•rill pravfdq aLwu> cy percent nral'U vrutc,h rrvtl?1tlble for urSed con and Industrial water supply, trri do not arq)(;tpato tlrclt a!n Y :allrnlffcunt ciaan4le will occur In tho love? of pergornlral Hctlvlty and othor "partition and charijos for water supply, rnvlntananug Ile novat tho uparntinr} srtuaat.Iorr dud coot Of orarlual Opnrotlon And ni.'1lntenartce At Loviltivilla i.ul; Of stortaryo ahan u to be e,,<;ve,ntlully rmr,ffrttchange In tilts "Or"al P00I level. 1110 cities of taalllne and Denton arO paying undnr tho exlstirlu wntAr Ru„1 c .J ,crac~nk , of the tOtal annual oporntlon rind tnaintenanenf cunt.-,o oxcluslvca of cipor,3tlon and lImInttmenco costs for land manapament nod fublia utilization, of i+ WIN a uua{ -1 R/dUrt: l sarHt:n,tl~ Stlli,lt.(•ht nLifJPC. 1 , Y l,tr,u f'In,~l Prpt'Cs of Ira Juno t ' iaf, 5. )l.r I,csr(tcv ' tlla 1 'I3i31> Cnnl;r'aetr; ~ taterl l,'•t7~6Ct UOr; rrl J; l(lrr ono rIL'~;1ntC1Y{l ICIIIr,Q ~)a lfl 4K25 (1$tc,O1 IF,aIGCI bile mfJlrt h'~sslbiY ~'cVt;laP. Clunulli no ts, cy lI{cl'[u,,<a ad on I' + Govarnrm,nt tcy tlrc clCles t ~1h~CCrrj, s:o,u f, In coshs Milo, in trrr rac!uIt"we ;xx.ant, u r,hrarud sv,th tho rontrvl o(10W0t Ion nnr) b I IItcnrtnca c If f r9clranJ tho • I anti r rc Jic,uld l,n darru•7sed 3'iavd ;rlntrntlncu.caste t tc;;risvtilc: LoIcc* InrrGnt;c:tl „I,r.• cl su;+f,ty a(crtitfvn and r.x,ci(ffr:cl ol,rrtytla+t for tiro two JUr' ra 1,eaZU,ea of t>•gtnt:rr, ~hc" ;itar;u(c: Crnn;,rt~r rrf,dta<tul>roY t,ako in tile firr,rr ul ~ (Iren for' N000 COI)trof uilt.ll CO;`ita I)nVO also And Ch;IL' t11c, cost!; lilj /3 1 rrt>ren In tl oporatlr~ll llub orl, tatik:bray I•ra1.a h~wa bee { dt+trl"1" rr, car,4 Ihlloa,)r:(on thusn anr,l rt aquftdh,;nko I shara ft' Its increasad waCc~r su,pi y an'J h rncr'atiClarr bt~trrln~t ICs ro bocrrus4 a(`~tlrollr ~:ntrar u, f Y balnir mudo <:vnfl.iblo 1ntlewrIsV11,1of;,rrlrp I 17otr:+tl:lal +ancl bone 1'Its rc=sulcin( fi J tercerrd reurcnot(vn ron} t1141 rnPsc:d pool Ilis~d nn Oct .,buv at Lcvr1av111u Lake, In 074D Aubf 4 y 41,,o e unr{lya;sd s,o hcl tov(a nr 1.01j() t~lto 60 unhcrcoss Y Isravta;un for treatnnurC yr c e;,arotlnn and rV)Il1ta~crncraGCOSCar at besvlrutlf It nrld aavy to n1110 do roasonnb(y cpsrlt.)1.01j() l,ecaucca thc;,a etrc, ralroody. ' and tha'it,{innct Y covered in nxinttnl Contracts fa Inclosed cans:rncf~zaaa the sl~n Ctaro ~100S e;~Fdoacd for pl-oj A r Eewlovillo 4ai;n nonce chnrlrad for u,,rcy Lrilssi, I!o baltovu j*ho c(uttobty 4roef tha oparotlan orld rr>rainte« cts, I 7• 141th cnnstdurntlon for tho forot and 'c of tha ~C4!F-0 2d rolucJ cftscuaslon f proposed b Indorsemant a,.o cover'od~iI1,10 bA Ile { Y th017x11 f1 district, tlwinf7 ravlslana I t1l, f,, t t00firoplim P. f o. The first vrharcfis Of Aubrry Lake to lnclude l,Arnnraph is r rurcled to ue;f► Ile tho cr, davalop the lsubroy Lake 001 Lost rrcyulrod ct Q tlx' l to 1,aka cost dalotoo, 1 pro~ioct, Ma pravlotls Sncplyd f whecs;-e-Dvlct to a paParagraph rap Ah is for snn At the and of Article 5n uo; ;nolrta and (3)r thrors aontenCos &ro added to Intorost 1), 11ka «Iaryner to Artiela r provide ' o. 1n ArCtcloa 5h and r art{2), lake is r Aradr and h vc the requlrvmont for M o t1for Is resenttc:n bfutar CO dA~llafcrtlo~nl,erntlon and Mktenanca paYrnents for both prosent rind future trntor d, exhibit A Is revised as foilos.rsr supply, Gli In Secttnn t, roferenca olavuttotr to Clio stars<ae f i15,() feot ms) 1 in Lcadtsvt)ta f•rtkra that 014 aCarrc o 1s dalettsd to avoid halcnv trffeaCur! If a U tnndltlnnn of r,flr~ oxlstlnn r;n~rQS city of Darlltlgr cantentlon uclr stor;Igcs 411`0 refprunced 1-t ract UA-GI.lI!rj to o Aubrey luka i:untrdcts racts~,3 arc , 7 1 f Mr. IVers/vvt/21.0j 514.1.' 1)-PC r td Juno 1~? SUUJ![GTr Aubrey Like f"lrxii Or.uf~s of 1lntor supply Contracts (l) fn Scctto,. II!, fooin.rta (7) is cgiinntfud boeti.crr to dc.ifrne'tha lnve.siraun roll to be r<<p,rtti .find to :,,uljport t,hn lanriuvio of Artlalc; ra, Ic. l ( ) S<.ctinn IV Is rrivisod bottar to s1ww thn up„rotlon and at,~fnte:nnnctl costs computatlons, to provIdn ft>r tho mothcxl Of c7mputatIon of th'n fuzuvm opemtlor: and volntcn,rncu p,ryrauritr mgtllr<.d 1--7 statod In Artlelo ;ic, rind to dukto l.twlsvlllo Liiko. f (y) In 6ectlon VE (provlouOy Snctlon V), firvueos for future 4ratar aupply payriwnts nro ornlttr.d sf mtr Artfelo 5;t(3) urakoij pr'ovirslon for use of tiro hiturei sttorallu In Incrwwents anti lu-ticto ba($) provldc3s for the Controct'.rsg Mlflcor to furtilsh rcapaynknt schu(Jules gts required. Ua recomerut thnt the lnr.ltiaed drifts bo approvod for prrsentatfun to tho cities for approval and (mrautlon. i 2 lncl (qu;nt) JOE 11, SIIEMil) i, w/u cootrnct draft 0allr,s Colom:l, CL I 2. W/o contract draft - Denton blotrict tnylnunt Copies furnished; Ofc of Couns w incl Prop Dev Or w/o' 1ncl DAL~!5lJ ED-P D K TTV SWFGC ROCLEY,~ ~ IFED«~G WALLH U IF Y `t9/I ~ Q HAWKINS, SWFEX LTC TRACY SIFU COL SHEARD Sb MAIL RETURN TO Coord Sec, 011 s Gas Bldg 6 iNxIGN.4i. t~Ulii18 VY =21A 115777 L,Contrnct No, UACW63-75-C-0000 EE CONTRACT BETWEEN THE UNITED STATES OF AMERICA i AND THE CITY OF DENTON, ~FXAS 1 FOR WATER STORAGE SPACES I]Q AUIiRF,Y AND LEWISVILLE LAKLS, Tag THIS CONTRACT, entered into thin f between the United States of America (hereinafter called the Government represented b 1975, by and by the Contracting Officer executing; this contract, and the City of Denton, Denton County, Texas (hereinafter called the city), WITNESSETIi THAT; WHEREAS, the River and Harbor. Art of 1965 (public Law 89-298, 79 Stat, 1091) authorized the construction, operation, and maintenance of Aubrey Lake, including as a part thereof Such supplementary construction at the exit, Lewisville take (ininediately downstream from the Aubrey dam) as will perm + the transfer of a Cing portion of the flood control storage, in Lewisville Lakeito Aubrey Lake and make available in Lewisville Lake an equivalent amount or i storage for additional water supply for municipal and indutrial uses, f (hereinafter called the Project) on the Elm b'ork of the Tr' , State of Texas; and inity River in the i WHEREAS, the City desires to contract with the Government for the use of storage included in Aubrey Lake and the additional'storapa to be made available in Lewisville Lake for municipal or payment of the cost thereof in accords with the provisions industrial water soot t and Supply Act of 1958, as amended (43 U,S,C. 390b s of the Water and WHEREAS # the City is empowered so to contract with the Government and ie vested with all the necessary powers for accomplishment of the purposes of this contract, including those required by Section 221 of the Flood Control Act of 1970 (42 U,8,C, 1962d••5b), NOW$ THEREFORE, the Government and the City agree as.follows s ARTICLE 1, Water storage s ace, a. Project construction, The Government, subject to the directions of Federal law and any llmi6 tons imposed thereby, shall design and construct the Project so as to include in Aubrey Lake space ;or the storage of water by the City and space for the storage of floodwaters which will permit the reallocation of flood control storage in Lewisville Lake to municipal and industrial water supply storage. - b. Rights of the Cit (1) The City shall have the right to utilize (a) an undivided 26.0 percent (estimated to contain 207,900 acre-feet gross storage, including storage for sediment deposits) of the total storage space in Auhrey Lake below elevation 632,5 feet above mean sea label, which total storage space is estimated to contain 799,600 acre-feet gross storage, including storage for i , M1 1 sediment deposits, and (o) an undivided. 26,0 percent (estimated to contain 46,200 acre-feet gross storage, including sLcrage for sediment deposits) of the total storage space in Lewisville Lake between elevations 515,0 feet above mean sea level and 522,0 feet above mean sea level., which total storage space is estimated to contain 177,600 acre-feet gross storage, Including storage for i j sediment deposits, The storage space in Lewisville Lake is to be used to ( impound water for present demand or need for municipal and industrial water supply; and r1:e storage space in Aubrey Lake is to be used to impound water for present au' anticipated future demands or needs for municipal, and industrial` water supply, 'n Aubrey Lake, 50 percent (ar. estimated 103,950 acre-feet) of - the space which the City has a right to utilize is for present use water storage and 50 percent (an estimated 1.03,950 acre-feet) is for future use water storage, (2) The City shall have the right to withdraw or transfer water from or transfer water into either or both of the two lakes, or to order releases to be made by the Government through the outlet works in the dams, subject to the provisions of Article le and to the extent the aforesaid storage spaces will provide, and shall have the right to construct all such works, plants, pipelines, f and appliances as may be necessary and convenient for the purposo. of transfers or withdrawals, subject to the approval of the Contracting Officer as to design and location, The grant of easements for right-of.-way across, in, and upon land of the Government at Aubrey Lake and at Lewisville Lake shall be by separate instrument in a form satisfactory to the Secretary of the Army, without additional cost to the City, under the authority of and in accordance with the provisions of 10 U.S.C. 2669. Subject to the conditions of such ( easements, the City shall have the right to use so much of Aubrey Lake and Lewisville Lake lands as may reasonably be required in the exercise of the rights and privileges herein granted. i c,' Rights reserved, The Government reserves the right to lower the w water in Aubrey Lake to elevation 632.5 feet above mean sea level and to lower the water in Lewisville Lake to elevation 522.0 feet above mean sea level during such periods of time as is deemed necessary, in its sole discretion, for flood control purposes, The Government further reserves s the right to take such measures as may be necessary in the operation of Aubrey Lake and Lewisville Lake to preserve life or property, d, ualit or availability of water, The City recognizes that this contract provides storage spaces for raw water only, The Government makes no representations with respect to the quality or availability of water and assumes no responsibility therefor or for the treatment of water, ARTICLE 2. Regulation of and right to use of water. The regulation of the use of water withdrawn or releasod from or transferred to or from the aforesaid storage spaces shall be the solo responsibility of the City, The City has the full responsibility to acquire in accordance, with State laws and regulations, and if necessary to establish or defend, any and all water rights needed for utilization of the storages provided under this contract, The Government shall not be responsible for withdrawals, transfers, or diversions by others, nor will it become a party to any controversies 2 involving z. le use of the Storage versieu Paceo by the City except as such contro- may s affect the operations of the Covernment. ARTICLE 3. 920 and maintenance, maintain Aubrey Lake and Lewis The Government shall operate and Government a share of the Costsille Like, and the City shall in Article S, of such operation and maintenapay ncetastpzovided P for operat all Installations andtfacili tics Which tlsib aconstruct ion for and maintenance of the r or out of or withdrawal of water from either or both of the two Zaknss shall bear all costs of construction, operation, and maintenancetotnsfer into and Installations and facilities, uch ARTICLE 4. Measurement of withdrawals and releases, T furnish and lnsCall~ sviLhn'uC cost Ca the Government measu ring devices satisfactory Co the i suitable motors or i suitable motors or drawn or trans Contracting UfFicit ble tors o agrees to of water which is transferred into Aubrey Lake or. Lewisville Lake me is wment ferred from Aubrey asurith-vill Lake by any than through Aubrey Lake or LewisvilleoLakewoutleteworks. The moans other fe nigh to the Government monthly statements of all Buell withdrawals shall Releases from the water su hdubrey Lake or or trans- Lewisville Lake outlet works shall made In spaces through Aube furnished by the City and approved b . accordance with written schedules ject to Article 1c, The measurnofa the Contracting Officer and shall be sub- ~ all such releases shall be by means of a , rating curve of the outlet works or by such other suitable means as ma b agreed upon prior to use of the water supply shee sac ))f y e _ ARTICLE 5. Pa onto P e of spaces, aforesaid storage ce& in Aubrey of. the ri industrial water supAlY bray Lake and Lewisville gLake ofotilize he and the Government: Purposes, the City shall pay the following sums to A. Pro ect investment osti (1) The City shall repay to the Gover interest on the unpaid balance as pecif, at the times and with below' which, as shown in E this c hereinafter specified, the amounts stated estimated amount of the co atruction of costsontractj Ce the entire etruction, allocated to the wat , cer atarage rights including acquired b Interest n during this contract, The interest rate to con- during construction and Interest on the be used for purposes of cmputingt,Interest the Secretar of unpaid balance will be datervsined by y the Treasury as of the beginning of tho fiscal year in which construction of the project is Initiated on the basis set forth In the Water Supply Act of 1958, as amended. Such Interest rate at the time of negotiation Of this contract (Government fiscal year 1975) Is 4.371 percent, The shall repay; on 26 P„reent of the construction cost of s City supply facilities, estimated at Pacific water 18,672 percent of the total PrnJect joint use $ 37,700 construction cost, estimated at Interest during construction, oatimated at 2303240000 Total estimated 2085 800 allocated to 26 amount of project investment cost percent of the water supply r 447, 500 3 kdf tl ~S 4k~ 1 , , (2) The Project investment cost allocated to the storage spaces indicated in Article lb(l) as being provided for present demand is currently estimated at $13,143,1300 on the basis of the costs presented in Exhibit A of this contract, The amount of the Project investment cost allocated to the storages for present demand shall be paid in 50 consecutive. annual. payments, the first of which shall be due and payable within 30 days after the City is notified by the Contracting officer that the Project is completed and operational for water supply purposes, Annual payments thereafter will b due and payable on the anniversary date of said notification by the Contracting Officer, Except for the first payment, which will be applied solely to the retirement of principal, all payments shall include accrued 1 , E I interest on the unpaid balance at the rate provided above, The last annual payment shall be adjusted upward or downward when due to assure repayment of all. of the investment cost allocated to the storages for present demand within 50 years, i J (3) The Project investment cost allocated to the remaining portion of the storage space, that provided in Aubrey Lakc~ for future use, is currently estimated at $12,303,700 on the basis of the costs presented in Exhibit A. No principal or interest payment with respect to this storage for future water 4 supply is required to be made during the first 10 years following the date the k Project is operational for water supply purposes unless all or a portion of such storage is used for purposes of withdrawal of water from or transfer of water into or from Aubrey Lake during this period, The amount to be paid for II any portion of such storage which is used shall be determined by multiplying 1 the pernontage of the total. storage for future water supply which is placed in use by tha total amount of the Project investment cost allocated to future water supply. Interest at the rate provided above will be charged on the amount of the Project investment cost allocated to the storage for future water supply which is not being used from the tenth (10th) year following the date the Project is operational for water supply purposes until the time when such storage is first used, The City may at its option pay the interest as it becomes due or allow the interest to accumulate until the storage is used. If this latter option is exercised, the interest will be compounded annually and added to the principal amount. When any portion of the storage for future water supply is used, payment in both principal anlt accrued interest for the portion used must be started; and the amount of the Project investment cost allocated thereto shall be paid within the life of the Project in not to exceed 50 consecutive annual payments beginning within 30 days after the date of first use of such portion, Annual payments thereafter for the said portion will be due and payable on the anniversary date of, first use. For any portion, except for the first payment which will be applied solely to the retirement of principal (including accrued interest), all payments shall include interest on the unpaid balance at the rate provided above, The last annual payment for any portion shall be adjusted upward or downward when due to assure repayment of all of the investment cost allocated to the storage within the repayment period, 1 (4) An estimated schedule of annual payments for the storages provided for present demand is attached as Exhibit B of this contract. The annual payments as provided therein shall be made until an interim estimated 4 Y C- to^L-i:Y , determinatioi, of cost or a final determination of cost is made. Within two years after the Project is completed and operational for water supply pur- poses, the Contracting Officer shall make a revised interim estimated determination of construction costs, including interest during construction and taking into account the actual costs to the extent they are then known. In like G:-Inner, further interim determinations shall be made at two year intervals until all actual costs are known, at which time the Contracting Officer shall prepare a final cost determination, including interest during Construction. On each occasion of an interim determination, or on final determination, the annual, payments thereafter, due shall be changed so as to provide for the payment of the balance due in equal payments during the 4 remaining life of the repayment period; and a revised schedule of annual payments shall be furnished to the City, Payment schedules for the storage provided for future water supply demands will be furnished by the Contracting Officer when uoe of such storage is started, and if based on estimated costs will be subject to revision when actual costs are known, P (5) If the City shall fail to make any of the aforesaid payments when due, then the overdue payments shall bear interest compounded annually at the rate provided above until paid, T'a amount charged on payments overdue for a period of less than one year shall be figured on a monthly basis, For I example, if the payment is made within the first month after being overdue S GI to 60 days after the anniversary date), one month's interest shall be charged. This provision shall not be construed AS giving the City a choice III of either making payments when due or paying interest, nor shall it be E construed as waiving any other rights of the Government, at law or in equity, which might result from any default by the City. ii (6) The City shall have the right at any time it so el9cts to prepay i the indebtedness under this Article 5a, in whole or in part, with accrued interest thereon to the date of such prepayment, b. Major capital replacement costs and sedimentation resurveys costa, The City will be required to pay 26 percent of the cost for any major capital replacement of specific water supply facilities at Aubrey Lake. In addition, the C,ty shall pay to the Government 8,543 percent of the costs of joint use major capital replacement items at Aubrey Lake until such time as the storage for future water supply is used. As the storage provided for future water supply demands is used, the share of the joint use major capital replacement items costs, which the City will be required to pay in addition to the major capital replacement costs of the specific water supply facilities, will be intreased commensurate with the percentage of the water supply storage being used up to a total of 17,086 percent of such costs, The City will be required to pay 9,764 percent of the costs of sedimentation resurveys at Aubrey Lake until such time as the storage for future water supply is used. As the storaae provided for future water supply demands is used, the share of the sedimentation resurveys costs whir.h the City will be required to pay will be increased commensurate with the percentage of the water supply storage being used up to a total of 19.528 percent of such costs. Payment shall be made either in lump sum or annually with interest on the unpaid balance at the rate 5 s E7 i provided above. If paid annually, the first payment shall be fnkzde with the first annual payment on the Project invesLlr.ent cost becoming clue after the date said major capital replacement costs or :,edi)imntation resurveys costs are incurred. I c. Annu<11_ o erition and maintenance costs. TEie City will be re aired - q j to pay 26 percent of the annual experienced operation and maintenance costs of specific water supply facilities at Aubrey Lake. In addition, the City shall pay 7.447 percent of the annual experienced joint use operation and maintenance costs of Aubrey Lake until such time as the storage for future water supply is used. As the storage provided for future water supply demands is used, the share of the annual experienced joint use operation and maintenance costs, which the City will be required to pay in addition to the operation and maintenance costs of the specific water supply facilities, will be increased commensurate with the percentage of the total water supply storage being used up to a total of 14.894 percent of such casts. The first payment for operation i and maintenance costs of Aubrey Lake will be. due and payable in advance within 30 days after the Contracting Officer notifies the City that the Project - is completed and operational for water supply purposes, will be for the period beginning on the date the Project is operational for water supply purposes and ending on 30 September following, and will amount to the pro rata share for this 1 period of the estimated annual payment of $23,036 computed based on the cost, f 1 estimates shown in section IV of Exhibit A and the percentage (SO percent) of the total water supply storage in use for present supply. The second payment, for the ensuing Government fiscal year ending 30 September, in the amount of the estimated annual payment of $23,036, will be due and payable in advance on 1 October following the date the Project is operational for water supply } purposes, Annual payments thereafter, for tanh Government fiscal year ending 30 September, will be due and payable in advance on 2 January following and will be computed based on the actual experienced costs for the preceding Government fiscal year. The third payment shall be increased or decreased f by an amount being the difference be ween the sum of the first and second payments as computed based on the actual costs experienced for the stated periods and the sum of the first and second payments by the city based on the estimated costs for the same periods. Wen each and any portion of the future water supply storage is placed in use, the first payment of the additional amount of the joint use operation and maintenance costs squired to be paid for such storage use will be due and payable in advance within 30 days after first use of such storage, will i be for the period beginning on the date of said first use and ending on JI 30 September following, and will amount, to the pro rata share for this period of an annual payment for the portion. Annual payments thereafter, for each Government fiscal year ending 30 September, will be due and payable In advance on the dates corresponding with the payments due for present uFe storage and will be computed based on actual experienced costs for the preceding Government fiscal year, except for the second payment only in the event it should be due and payable on 1 October. In the event the second payment is due and payable on l October, it will be based on the annual joint use cost estimate in 4 section IV of Exhibit A and adjusted for actual experienced costs in the third payment in the manner described above for present use supply payments. Annual payments shall be computed as shown in section IV of Exhibit A. 6 lip ~1'ytiL; { 4i t...'.}42:~ FFNN]] . 5145;; , ARTICLE 5, Construction cast ad ustmcnts. All construction cost dollar earouncG in this contract, including Chose in the Exhibits, are tentative only based on the Government's best estimates. They will be adjusted upward or ' downward by the Contracting, Officer when final construction costs become known, and the contract will be modified to reflect the adjustments. i ARTICLG 7. Nration of contract, This contract shall be effective when approved by the Secretary of the Army and shall continue in full force and effect for the life of Aubrey Lake and Lewisville Lake, Both Aubrey Lake and the additional storage to be made available in Lewisville Lake have been ll formulated on the basin of 100 years economic life, ARTICLE 8, permanent rights to storage. Upon completion of payments by the City as provided in Article Sa herein, the City shall have a permanent tight, under the provisions of the Act of 16 October 1963 (Public Law 88-140, 43 U.S.C. 390e), to the use of the water supply storage spaces in Aubrey Lake h and Lewisville Lake as provided in Article 1, subject to the following- a, TM. City shall continue payment of its share, as provided in Article 5c, of the annual operation and maintenance costs allocated to water supply. b, The City shall bear 26 percent of the costs allocated to (1) water supply for Aubrey Lake and (2) the total storage space between elevations f F 515,0 feet above mean sea level and 522.0 feet above mean sea level for Lewisville Lake of any necessary reconstruction, rehabilitation, or replace- moot of Auhrey Lake or Lewisville Lake features which may be required to continue satisfactory operaf'on of Aubrey Lake or Lewisville Lake. such costs will be established by the Contracting Officer. Repayment arrangements, including schedules, will be in writing and will be made a part of this contract. c. Upon completion of payments by the City as provided in Article 5a herein, the Contracting Officer shall redetermine the storage space for municipal and industrial water supply in Aubrey Lake, taking into account { such requitable reallocation of lake storage capacities among the purposes served by Aubrey Lake as may be necessary due to sedimentation, Such findings, and the storage space allocated to municipal and industrial water supply, shall be defined and described in an exhibit which will, be made a par;: of this contract, Following the same principle, such reallocation of lake storage capacities may be further adjusted from time to time as the result of sedimentation resurveys,to reflect actual rates of sedimentation and the exhibit revised to show the revised storage space allocated to municipal and industrial water supply. d, The permanent rights of the City under this contract shall be Continued so long as the Government continues to operate Aubrey take and/or Lewisville Lake, In the event the Government no longer operates Aubrey Lake or Lewisville Take, such rights may be continued subject to the execution of a separate contract, or supplemental agreement, p.*oviding for; 7 i' x,: cns L k 1. `7 1 In I j (1) Continued operation by the City of such part of the facility as is necer;sary for utilization of the water supply storage spaces allocated to it; (2) Tens which will protect the public interest; and (3) Effective absolvement of the Government by the City from all 11.dbility in connection with such continued operation, ARTICLE 9. Release of claims. The City shall. '-,old and save the Government, including its officers, agents, and employees,' harmless from liability of any nature or kind for or on n,ecount of any claim for damages which may be filed or asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or withdrawal or release of water from or transfer of water to j or from Aubrey Lake or Lewisville Lake made or orderer! by the City, or as a ! result of the construction, operation, or maintenance of the features of appurtenances owned and operated by the City, rovided, that this shall not be j construed as obligating the City to hold and save the Government harmless from damages or liability resulting from the sole negligence of the Covernrtant or its officers, agents, or employees and not involving negligence on the part of the City or its officers, agents, or employees, li ARTICLE 10. Assignment, The City shall not transfer or assign this contract or any rights acquired thereunder, nor sub-allot said water supply storage spaces or any part thereof, nor grant any interest, privilege, or license wh,itsoever in connection with this contract, without the approval of the Secretary of the Army, rp ovi.ded, that unless contrary to the public interest, this restriction shall not be construed to apply to any water that may be obtained from the water supply storage spaces by the City and furnished to any third party or parties, nor any method of allocation thereof. ARTICLE 11, Officials not to benefit, No member of or delegate to i Congress, or resident Commissioner., shall be admitted to any share or part of this contract or to any benefit that may arise therefAom; but this provision shall not be construed to extend to this contract if made with a corporation for its general boi±eflt, ARTICLE 12, Covenant against contingent fees, The City warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or bona fidl9 established commercial or selling agencies maintained by the City for the purpose of securing business. Vor breach or violation of this warranty, the Government shall have the right to annul this contract without liability or in its discretion to add to the, contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, I or contingent foe. ARTICLE 13, Enyironmertal quality, During any construction, operation, and maintenance by the City of any facilities, specific actions will be taken a akeais»er' ~l1 i to control environmental pollution which could result from such activity and :o comply with applicable federal., State, and local laws and regulations concerning environmental pollution. Particular attention should be given to (1) reduction of air pollution by control of burning, minimization of dust, containment of chemical vapors, and control of engine exhaust gasps and smoke from temporary heaters; (2) reduction of water pollution by control of sanitary facilities, storage of fuels and oti,er contaminants, and control of turbidity and siltation from orosion; (3) minimization of noise levels; (4) onsite and offaite disposal of waste and spoil; and (5) prevention of landscape defacement and damage. ARTICLE 14, federal and State laws, a. In acting under its rights and obligations hereunder, the City agrees to comply with all applicable federal and State laws and regulations, including but not limited to the provisions of the Davis-Bacon Act (40 U.S.C. 276a at seq,); the Contract Work Hours and Safety Standards Act (40 U.S.C, 327-333); and Title 299 Code of Federal Regulations, Part 3, b. The City furnishes ns part of this contract an assurance (Exhibit C) that it'will comply with Title VI of the Civil Rights Act of 3 1964 (78 Stat. 241, 42 U,S,C, 1000d et seq.) and Department of. Defense Directive 5500,11 issued pursuant thereto and published 4n Part 300 of, Title 320 Code of Federal Regulations, ARTICLE 15, Definitions, a, Joint use costs. The costs of features used for any two or more Project purposes, b.' Project investment costa. The initial cost of the Project, i ud ncl in land acquisition; con tru io interest gt e ct n, during construction on the value of land, labor, and materials used for planning and construction of the Project, e. Specific costa, The costs of Project features normally serving only one particular Prodect purpose, d, Interest during construction. An amount of interest which accrues on expenditures for the establishment of Project services during the period between the actual outlay and the time the Project is first made available to the City for water storage. ARTICLE 16, Approval, This contract is subject to the written approval of'the Secretary of the Army, and it shall not be binding until so approved. 9 baivtiwt ,1 mtiw,tM f aiun~ i i j IN WITNESS Wirs the day and yE:ar first , the parties hereto have executed this above written. contract as Of i APPROVED; THE UNITED STATES OF MIERICA By Secretary O.C. the Army Joe li, Shoard Colonel, cm Contracting Officer Date E k CITY OF DENTON, TEXAS BY Tom D. Jester, Jr, Mayo' c I f I, Brooks Holy, certify that,I am the City Secretary of the City of Denton, ' Renton County, h. si y, Texas, named as City herein; that, Tom D, Jester, Jr, vho f, I fined this contract on behalf of the .ity of bentot was then Mayor of'the City of Denton, Texas; that said contract was duly signed for and on behalf Of the ithin Cthe ity o Denton, Texas by authority of its governin F w scope of its legal powers, 8 body and is TN WITNESS W11EREOF, I have hereunto affixed my hand and the seal of said City of Menton, Texas this day of Y 1975, I. i 1 i B o sc~`Hoot r Secretary City of Denton, Texas CORPORATE SEAN f 10 t I , t Contract No, DACW63•-75-0-0000 AUBRIY, AN'D LEWTSVILLE LAKES I?XHIBIT A l i I - L` AKB^TORArf;s Aubrey Lakes Cross Percent Percent of Feature Elevation storage of gross water supply (feet as-I-) acre-feet) store e -1 1 Flood control 632,5-640,5 265,000 24,892 Water supply below 632,5 799,600 } (City of Dallas) below 632.5 (591$700) 75.168 100.0 (55,580) ) (City of Denton) below 632.5 (207 900 { Totals ~ (19,528 (26.0) 100640600 100.000 J k Lewisville Lake Gross Percent Percent of - Elevation storage (1) of gross water supply Feature (fe-e----.Z. t msl acre-feet f storm e(2 storage , i } Flood control 522,0-532.0 336,100 65.427 ! ,Water supply 515.0-522.0 177,600 _ 34,573 (City of Dallas) 515.0-522.0 (131,400) 100.0 (city of De•aton) 515,0-522,0 (25,584) (74,0) Totals (46,200) 8.989) (26.0) 513,7UV(2) 100.000 (1) 1985 cor:,lytion, (2) BE;weca elevations 515.0 and 532.0 feet ms1, II - PR6J11T ESTIAfATED CONSTRUCTION TNVESTMENT TO HE ALLOCATED Federal construction cost 'Noarsimbursable costs (unallocable) (1) $149,603,000 Protect cost to be allocated 5 840 000 Interest during construction on allocable cost $14 , 3, 0 Project construction investment to be allocated _ 11,611,000 (2) X1550374,000 (1) Relocation of roada above replacement-in-kind standards. (2) Interest rate - 3.25%. Interest rate for reimbursable amounts will be set as of the beginning of the fiscal year in which construction of the Project is started, A-1 A%sT., -y y •-+avY, y i III - ALLOCATION OF RSTIMATBD CONSTRUCTION INVrS1`Mr?gT_ r V(Separable costs - remaining benefits method) i Wa ter _i_1221y Recreation Totals 1, Specific facilities cost; $ 145,000 $18,703,000 $ 183848,000 Aubrey Lake (1450000) (16,433,000) (16,578,000) Lewisville Uke (0) (2,270)000) (21270,000) 2, Joint use facilities coat; 89,707,600 35,207,400 124,915,000 Aubrey Lake (86,741,600) (34,0431400) (120,785,000) Lewisville Lake (2 966 000) i64 000) 4 130,000) Subtotals - cost $890852)600 S 910 4 6 $143,763,000 3. Interest during, construction; (1) 8,022,400 31588,600 11,611,000 Aubrey Lake (7,757,300) (31410)800) (11,1681100) Lewisville Lake (265 t00) 177 800 42 900) 4. Total allocation- -i ' ~4 , investment; $97,875,000 (2) $570499,000 $155,374,000 Aubrey Lake (941643,900) (53,887,200) (148,531,100) ! Lewisville Lake (3,2311100) (30611)800) (608420900) f ~ (1) Interest rate - 3.25%. Interest rate for reimbursable amounts will beset as of the beginning of the fiscal year in which construction of the 1 Project is started, (2) Investment cost to be repaid byt Lewisville Lake Aubrey Lake Totals City of Dallas 74% $2,391,000 $70tO36p50O $72,427,500 Present water supply (2,3910000) (35,018,250)_(37,4.09,250) Suture water supply (0) (35,018,2;50) (351018,250) City of Denton - 2674 840,100 24,6071400 25,447,500 Present water supply (840,100) (12,303,700) (13,143,800) ° Future water supply (0~ (12 ,303.,700) (12,30:1,700) Totals $3,231,100 $94,643,900 $971875,000 IV - ALLOCATION OF ESTMATED OPERATION AND MAINTENANCE COSTS Aubrey Lake Water supply Recreation Total 1, Specific cost $ 479700 $4359000 $4829700 2, Distribution of joint use toot (percent) 57,283 42.717 100,000 3, Allocated joint use cost 81,800 61,000 142 800 4, Total allocation $1290500 $496,000 $625,'500 To be paid by the City of Denton; 26% of specific cost for water supply facilities $12t402 Aubrey hake joint use costs Present w/s (0.50 x 0.26 x 0,57283 x $142,800) 100634 Future w/s (0,50 x 0,26 x 0,57283 x $1420800) (1) 10,634 Total $33,670 A-2 ~xi tq yr snf Sx (l) Additional annual anwunts of joint use coat required to be paid I future Water 8upply storage is uaed will be. computed as follows;tts f Percent of future w/s story e laced in tire x 0.50 x 0.14894 x annual I lUU joint use cost* ~ *Estimated or actual, as applicable. I V ALLOCATION OF ESTIMATED MAJOR CAPI'1Ai, RF.PL:1CEMiNTS COSTS ANU SE'lL .1 ATION RLSSUR /1"Y^ YS COSTS° - - - A, Ma 0 r ca~ta7. replacements costs Aubre Lake Water 1, Specific cost alill~~ Recreation Total 2, Distribution of joint use cost $x,100 $107,800 $108,900 3. Allocated joint use cost (percent) 6,,714 34,286 100,000 4, Total allocation 2 300 1 200 3,500 $3,400 $109 r x $112,400 f To be paid by the City of Denton; f 267. of specific cost for water supply facilities Aubrey Lake joint use cost: $286 Present w/a (0,50 x 0,26 x 0. Future w s 65714 x $32500) .299 / (0,50 x 0,26 x 0,65714 x $30500) (2) Total 299 ` i 884 I (1) Estimates of average annual charges are used for determination of allocated percentages. All charges will be based on the indicated per E Centages of actual costs if and when they are incurred. (2) Additional amounts of joint use cost required to be paid as future water supply storage is used will be computed as followsi i Percent of future w/s storage placed in use 100 x 0.50 x 0,17086 x actual joist use cost. B. Sedimentation reaurve s costar Aub ,,Lake Sedimentation resurveys costs allocated to water supply and to be paid by the City of Denton are based on the percentage of the gross storage in Aubrey Lake represented by the storage right of the City,- see section I of thin Exhibit A. Present water supply x 19,528% 9.764' Percent of future We Future water supply m storage placed in use 100 x 9.764% A-3 Fwi?6rvV VI - COMPUTATIONS FOR AMRJAL PA11•L:NTS FOIL INTEREST AND AMORTIZATION Present water sup lam' I r 1 Amount to be amortized; Lctirisvl.lle Lake $ 3,2310100 x 0,26 f. Aubrey Lake $94,643,900 x 0,26 x 0,50 $ 840,].00 Total 12.303 700 $13,143,800 Based on 50 equal payments, 49 of which hear interest on the unpaid balance at the rate of 4,371 percent. A - P Where: P ° annua.t P payment i e A amount to be repaid ° $13,143,800 i A interest rate z 4,3717* C amortization coefficient for 49 P ° 3-14? %00 p years ° 0,006125257063 1 0,04371 f 0,006125257063 i 20.066115olp- $131143,800 - P f I ; 21,06611502P d $13,143,800 ~ f P ° $623,930.90 ' l i i j i , A-4 M! i £tMry h? Crnitcuct No, DACW63-75-C-0000 AUISRFY AND LEWISVTI,LF. LAKES ~_EX11lIlIT 1; PAYIIENT' Sr118901.E Y4. PAY.NCNT T3 ?AYv l7 T' , 'TAT1L 3:1,.1 )v. NO, INTE'ZEST as " ?AL D 'J TE 1 131'1330).00 0.00 623930.00 623930.90 1?51 ^R6").10 2 547243.48 76687.42 523030.90 12 14,13 1 5 3 543391./47 80039,113 623933.90 123 E.~3 i4 42 2 4 540392.95 83537,95 623930.90 12279604.30 ' 5 536741.50 87189.40 623930.90 1219241ti.90 ` 6 S32930.46 91030.44 623930.97 12101'414.!16 7 528952,83 94973607 623930.90 12006436.39 8 524801.33 99129.57 623930.90 119073!)6.32 9 520463.38 103462,52 623930.90 11303344.30 10 515946,03 1079$$4,87 623930.90 I! 511226.02 112704.,89 116950,59 43 623930.90 115831514,55 i 506299,69 117631.21 623930,90 11465523.3=1 13 501156.03 122772.97 623910.90 11342750.47 j E 14 4?5791.62 128139.23 . II l 15 490190.66 60-'1930.40 11214611.19 133740,24 623930.90 11089•'370.95 16 484344.87 139586.03 17 478243,56 r 623930.90 10941234.92 18 14E )87.34 623930490 10795597459 471875.57 152055.33 623930.90 10643542,2$ I 19 465229,23 153701.67 623930.90 f0484340.,r 20 458292638 165638.52 623930,90 10319202406 21 450052.32 172873.58 623930.90 10146323+45 22 443495,80 180435.10 623930.90 99658;8.353 ( 23 435603,98 186321.92 623930,90 971/566.46 24 427377,43 196553.47 6239304 2 90 95 9 $l0 S 418786.08 1 2 9 26 409819.2p 205144.81 623910.90 9375868.17 j 214111.74 621930,90 9161756,-It7 27 400460.36 223470.52 623930.90 8935285.95 28 $90692,43 233238.42 29 380497.63 $43433.27 623930.90 8705(147.53 30 369857.16 623930.90 8461614626 31 358751,60 54073.74 623930090 8207540.5? 32 358750.61 2265179.30 76770.29 623930.90 7942361.2? 33 335062.98 288867,92 b2:3930.90 7665590.93 34 .322436.50 b23933.90 7376723.01 35 309258.25 301494 34 03930690 7075228.67 36 295503.90 6..3930.90 6760556.02 81 5503.36 328427.00 623930,90 6432129.0'2 37 29 38 266165.33 342732454 62.3930,90 60893/46,43- 357765.57 623930.90 5731580.91 39 250527.40 373403.50 623930,c):) 40 234205,93 3897211.97 623930 5968177,4 -41 217171.06 .90 . 4968452.44 42 406759.84 6P3931. 9.,) 456169^.r0 199391:,58 424539.32 62393.0.90 413715;1.23 4 3 180834,97 443095,93 623930,90 3694057.35 44 45 161467:25 462463,65 623930.90 3231593.70 141252.96 482677.94 623930.90 2748915.76 46 120153.11 503775.79 623930.90 22 47 98135.07 525795.63 45139697 48 75152.53 623930.90 1.7193'!4.14 49 548778,37 6`13930.9o 1170555.77 51165.43 572765.47 623930.90 597!130.30 50 26129.85 597803.33 623930,15 0.00 8-1 X Contract No, DACW63-75-C-0000 AUBREY AND LEWISVILLE LAKES EMIBIT C ASSURANCE OF COMPLIANCE WITH THE DEPARTWNT OF DEFENSE DIRECTIVE, UNDER TITLE. VI OF THE CIVIL RIGHTS ACT OF 1964 The City of Denton, Denton County, Texas h reinaft "Applicant- Recipient") Y, (e er tailed HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (Public Law 88-352) and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 3001 iusued as Department of Defense Directive 5500,11, December 28, 1964) issued pursuant to that title, to the end that, in accordance with title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity frir which the Applicant-Recipient receives federal financial assistance from the U. 5, Army Corps of Engineers and HEREBY GIVES ASSURANCH-THAT it will immediately take any measures necessary E to effectuate this agreement. i { If any real property or structure thereon is provided or improved with the l aid of federal financial assistance extended to the Applicant-Recipient by the V. S. Army Corps of Engineers, assurance shall obligate the Applicant- Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits,' If any personal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or possession of the property, In all other cases, this assurance shall obligate the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the U. S. Army Corps of Engineers, THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other'Foderal financial assistance extended after the date hereof to the Applicant-Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date, The Applicant-Recipient recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek C-l s ' • E z, .t Judicial enforcement of this assurance, This assurance is binding on the i Applicant-Recipient, its successors, transferees, and assignees; and the person or persons whose signatures appear below arc authorized to sign this j assurance on behalf of the Applicant-Recipient, TNS CITY OF DENTON, TEXAS i i ? i I Dated By` Tom D. ,Tester, Jr, 1 Mayor i f ATTEST 1 Brooolt { Secretary i City of Denton, Taxes C-2 t3 Contract No. DACW63-75-0,0000 { AUBREY AND LEWISVTLLE 1,AYfiS t i EXHIBIT D OPINION OF COUNSEL I have reviewed and approved contract number DACW63-75-C-0000 between the United States of America and the City of Denton, Texas. 1 ~ Particularly I have considered the effect of Section 221 of Public Law 91-611 (42 U.S.C. 1962d-5b) and am of the opinion that the City of Denton, Texas i has the requisite legal authority to enter into and comply with this 1 agreement as required by the aforementioned statute, i Dated i Paul C. Tsham City Attorney ! City of Denton, Texas i D-1 I 4e :f i a DRAFT Contract No, DACW63-75-C-0000 CONTRACT BETWEEN THE UNITED STATES OF AII[MrCA AND THE CITY OF DALLAS, TEY.AS FOR WATER STORAGE SPACES IN AUBRL-Y AND L£WISVILLE LAKES, TEXAS THIS CONTRACT, entered into this day of 1975, by and between the United States of America (hereinafter called the Government), represented by the Contracting Officer executing this contract, and the City of Dallas, Dallas County, Texas (hereinafter called the City), WITNESSETH THAT. i WHEREAS, the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat, j 1091) authorized the construction, operation, and maintenance of Aubrey Lake, including us a part thereof such supplementary construction at the existing Lewisville L,.ke (im;nediately downstream from the Aubrey dam) as will permit the transfer of a portion of the flood control storage in Lewisville Lake to Aubrey hake and make available in Lewisville Lake an equivalent amount of j storage for additional water supply for municipal and industrial uses, ! ! (hereinafter called the Project) on the Elm Fork of the Trinity River in the {{J State of Texas; and I WHF.REAS, the City desires to contract with the Government for the use of ! { storage included in Aubrey Lake and the additional storage to be made available in Lewisville Lake for municipal and industrial water supply and for payment of the coat thereof in accordance with the provisions of the Water Supply Act of 1958, as amended (43 U.S.C. 390b); and WHLREAS, the City is empowered so to contract with the Government and is vested with all the necessary powers for accomplishment of the purposes of this contract, including those required by Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b); NOW, THEREFORE, the Government and the City agree as follows ARTICLP, 1, Water storage space# a. Project construction, the Government, subject to the directions of Federal law and any limitations imposed thereby, shall design and construct the Project so as to include in Aubrey Lake space for the storage of water by the City and space for the storage of floodwaters which will permit the reallocation of flood control storage in Lewisville Lake to municipal and industrial water supply storage, b. Rights of the City, (1) The City shall have the right to utilize (a) an undivided 74,0 j percent (estimated to contain 591,700 acre-feet gross storage, including storage for sediment deposits) of the total storage space in Aubrey Lake below elevation 632,5 feet above mean sea level, which total storage space is estimated to contain 799,600 acrd-feet gross storage, including storage for , r 4~ I Ff€-,:151 T3. sediment deposits, and (b) an undivided 74,0 percent (estimated to contain 131,400 acre-feet gross storage, including storage for sediment deposits) of the total storage space, in Lewisville Lake between elevations 515,0 feet above mean sea level and 522,0 fret above mean sea level, which total storage space is estimated to contain 177,600 acre-feet gross storage, including storage for sediment deposits,' The storage space in Lewisville Lake is Co be used to impound water for present demand or need for municipal and industrial water supply; and the storage space In Aubrey Lake is to be used to impound water for present and anticipated future demands or needs for municipal and industrial water supply, In Aubrey Lake, 50 percent (an estimated 295,850 acre-feet) of 1 the space which the City has a right to utilize is for present use water storage and 50 percent (an estimated 295,850 acre-feet) is for future use water l storage, (2) The City shall have the right to withdraw or transfer water from F or transfer water into either or both of the two lakes, or to order releases to be made by the Government through the outlet works in the dams, subject to the provisions of Article le and to the extent the aforesaid storage spaces will i provide, and shall have the right to construct all such works, lands j and appliances as may be necessary and convenient for the purpose of transferseS~ or withdrawals, subject to the approval of the Contracting Officer as to ! design and location. The grant of easements for right-of-way across, in, and upon land of the Government at Aubrey Lake and at Lewisville Lake shall be by 1 separate instrument in a form satisfactory to the Secretary of the Army, without additional cost to the City, under the authority of and in accordance with the provisions of 10 U,S,C, 2669. Subject to the conditions of such easements, the City shall have the right to use so much of Aubrey Lake and Lewisville Lake lands as may reasonably be required in the exercise of the i i rights and privileges heroin granted, } ! c. Ri_ ghts reserved, The Government reserves the right to lower the water in Aubrey Lake to elevation 632,5 feet above mean sea level and to lower the water in Lewisville Lake to elevation 522,0 feat above mean sea level during such pnriods of time as is deemed necessary, in its sole discretion, for flood control purposes. The Government further reserves the right to take such measures as may be necessary in the operation of Aubrey Lake and Lewisville Lake to preserve life or property. d. Quality or availability of water. The City recognizes that this contract provides storage spaces for raw water only, The Government makes no representations with respect to the quality or availability of water and assumes no responsibility therefor or for the treatment of water, ARTICLE 2, Regulation of and right to use of water,. The regulation of the use of water withdrawn or released from or transferred to or from the aforesaid storage spaces shall be the sole responsibility of the City, The City has the full responsibility to acquire in accordance with State laws and regulations, and if necessary to establish or defend, any and all water rights needed for utilization of the storages provided under this contract, The Government shall not be responsible for withdrawals, transfers, or j diversions by others, nor will it become a party to any controversies r 2 f S #u i s f 4 involv.4.;tg the use of the storage spaces by the City except as such contro- versies may affect the operations of the Government. ARTICLE 3, Operation and maintenance, The Government shall operate and maintain Aubrey Lake and Lewisville Lake, and the City shall pay to the Government a share of the costs of such operation and maintenance as provided in Article 5, The City shall be responsible for operation and maintenance of all installations and facilities which it may construct for the transfer into or out of or withdrawal of water from either or both of the two likes and shall bear all costs of construction, operation, and maintenance of such installations and facilities. ARTICLE 4, Measurement of withdrawals and releases, furnish and install, without cost to the Government, suitableemeters3orees to measuring devices satisfactory to the Conl of water which is transferred into Aubrey Lake or LewiseillerLake oraisrwitht j drawn or transferred from Aubrey Lake or Lewisville Lake by any means other than through Aubrey Lake or Lewisville Lake outlet works, The City shall i furnish to the Government monthly statements of all such withdrawals or trans- fors. Releases from the water supply storage spaces through Aubrey Lake or Lewisville Lake outlet works shall be made in accordance with written schedules furnished by the City and approved by the Contracting Officer and shall be sub- act to Article le. The measure of all such releases shall be by means of a rating curve of the outlet works or by such other suitable means as may be agreed upon prior to use of the water supply storage space or spaces. ARTICLE 5, Payments, In consideration of the right to utilize the aforesaid storage spaces in Aubrey Lake and Lewisville Lake for muniripai and i industrial water supply purposes, the City shall pay the following stints to the Government: a, Pro eat investment costs, (1) The City shall repay to the Government, at the tithes and with interest on the unpaid balance as hereinafter specified, the amounts stated below which, as shown In Exhibit A of this contract, constitute the entire estimated amount of the construction costs, including interest during con- struetion, allocated to the water storage rights acquired by the City under this contract, The interest rate to be used for purposes of computing interest,(` during construction and interest on the unpaid balance will be determined by the Secretary of the Treasury as of the beginning of the'dsea1~ year In'whih construction of the Project is initiated on the basis set forth in the Water Supply Act of 1958, as amended, Such interest rate at the time of negotiation of this contract (Government fiscal year 1975) is 4,371 percent, The City shall repays 74 percent of the construction cost of specific water supply facilities, estimated at $ 107,300 53,143 percent of the total Project joint use construction cast, estimated at Interest during construction, estimated at 6603831600 5,9- 36,600"~ ,Total estimated ,amount of Project investment cost allocated to 74 percent of the water supply $72,427,500 3 ti y i L/ f, ,I. t, if I. 7 (2) The Project inveakroent cost allocated to the storage spaces indicated in Article ).b().) as being; provided for present demand is currently estimated at ;37,409,250 on the basis of the costs presented in Exhibit A of this contract, Tate amount of the Project investment cost allocated to the storages for present demand shall be paid in 50 consecutive annual the first of which nhall be due and payable within 30 days after theCitytis d notified by the Contracting Officer that the Project Is completed and operational for water supply purposes, Annual payments thereafter will be due and payable on the anniversary date of said notification by the Contracting Officer, Except for the first: payment, which will be applied r solely to the retirement of principal, all payments shall include accrued I interest on the unpaid balance at the rat I e provided above, The last annual payment shall be adjusted upward or downward when due to assure repayment of all of the investment cost allocated to the storages for resent ear present sun 50 y s, and within (3) The Project investment cost allocated to the Of the storage space, that provided in Aubrey Lake for futuremuse, ispcurrently estimated at $35,018,250 on the basis of the costa principal or interest a presented in Exhibit No Q ymenC with respect to this storage for future wat ter supply is required to be made during the first 10 year Project is operational for water supply n s following the date the ! such storage is used for purposes unless all or a portion of purposes of water into or from Aubrey Lake during wthis rperiod. Theramfrom rafer of ountotoLbenpaid for any portion of such storage which is used shall be determined by multiplying the percentage of the total storage for future water supply which is placed in use by the total amount of the Project investment cost allocatedto future water supply, Interest at the rate provided above will be charged on the amount of I the Project investment cost allocated to the storage for future water supply 1 which is not being used from the tenth (10th) year following the date the project is operational for water supply purposes until the time when such storage is first used, The City may at its option pay the interest as it becomes due or allow the interest to accumulate until the storage is used, If this latter option is exercised, the interest will be compounded annually and added to the principal amount. When any portion of the storage for future water supply is used, payment in beta principal and accrued interest for the portion used must be started! and the amount of the Project investment coat ! allocated thereto shall be paid within the life of the Project in not to exceed 50 consecutive annual payments beginning within 30 days after the date of first use-of such portion. Annual payments thereafter for the said portion will be due and payable on the anniversary date of first use. For any portion, except for the first payment which will be applied solely to the retirement of principal (including accrued Interest), all payments shall Include interest on the unpaid balance at the rate provided above. The last annual payment for any portion shall be adjusted upward or downward when due to assure repayment of all of the investment coat allocated to the atocage within the repayment period. (4) An estimated schedule of annual payments for the storages provided for present demand is attached as Exhibit B of this contract, The annual payments as provided therein shall be made until an interim estimated 4 determination of cost or a final determination of cost Is made, Within two years after the project is completed and operational for water supply pur- poses, the Contracting Officer shall make a revised interim estimated determination of construction costs, including interest during construction and taking into acco wit the actual costs to the extent they are then known. In like manner, further interim determinations shall be made at two year intervals until all actual costs are known, at which time the Contracting Officer shall prepare a final cost determination, including interest during construction, On each occasion of an interim determination, or on final determination, the annual payments thereafter due shall be changed so as to provide for the payment of the balance due in equal payments during the remaining life of the repayment period; and a revised schedule of annual I` payments shall be furnished to the City, payment schedules for the storage I provided for future water supply demands will be furnished by the Contracting Officer when use of such storage is started, and if based on estimated costs will be subject to revision when actual costs are known, (5) If the City shall fail to make any of the aforesaid ' payments when due, then the overdue payments shall bear interest compounded annually at the rate provided above until paid, The amount charged on payments overdue for a period of leas than one year shall be figured on a monthly basis, xor example, if the payment is made within the first month after being overdue (31 to 60 days after the anniversary date), one month's interest shall be charged, This provision shall not be construed as giving the City a choice of either making payments when due or paying interest, nor shall it be construed as waiving any other rights of the Government, at law or in equity, which might result from any default by the City, (6) The City shall have the right at any time it so elects to prepay the indebtedness under this Article 5a, in whole or in part, with accrued interest thereon to the date of such prepayment, Li b. 9a or capital replacement costs and sedimentation resurveys costs, The City will be required to pay 14 percent-of the cost for any major capital replacement of specific water supply facilities at Aubrey Lake. In addition, the City shall pay to the Government 24,314 percent of the costs of joint use major capital replacement items at Aubrey Lake until such time as the storage for future water supply is used. As the storage provided for future water supply demands is used, the share of the joint use major capital replacement items costs, which the City will be required to pay in addition to the major capital replacement costa of the specific water supply facilities, will be increased commensurate with the percentage of the water supply storage being used up to a total of 48,628 percent of such costs, The City will be required to pay 27.790 percent of the costs of sedimentation resurveys at Aubrey Lake until such time as the storage for future water supply is used, As the storage provided for future water supply demands is used, the ahace of the sedimentation resurveys costs which the City will be required to pay will be increased commensurate with the percentage of the water supply storage being used up to a total of 55,580 percent of such costs, payment shall be made either in lump sum or annually with interact on the unpaid balance at the rate 5 provided above. If paid annually, the first payment shall be made with the first annual payment on the Project Investment cost becoming due after the date said major capital replacement costs or sedimentation resurveys costs are incurred, c. Annual operation and maintenance casts, The City will be required to pay 74 percent of the annual exprienCed operation and maintenance costs of specific water supply facillti.es at Aubrey Lake, In addition, the City shall pay 21,195 percent of the annual experienced joint use operation and maintenance costs of Aubrey Cake until such time as the storage for future water supply is used. As the storage provided for future water supply demands is used, _ the share of the annual experienced joint use operation and maintenance costs, which the City will be required to ll1 pa} in addition to the operation and maintenance costs of the specific water supply facilities, will be increased j commensurate with the percentage of the total water supply storage being used up to a total of 42,389 percent of such costs. The first payment for operation and maintenance costs of Aubrey Lake will be due and payable in advance i1 within 30 days after the Contracting Officer notifies the City that the Project j is completed and operational for water supply purposes, will be for the period beginning on the date the Project is operational,for water supply purposes and ending on 30 September following, and will amount to the pro rata share for this period of the eatimated annual payment of $65,564 computed based on the cost estimates shown in section IV of Exhibit A and the percentage (50 percent) of the total water supply storage in use for present supply, The second payment, for the ensuing Government fiscal year ending 30 September, in the amount of i the estimated annual payment of $65,564, will be due and payable in advance on 1 October following the date the Project is operational for water supply !I j purposes. Annual payments thereafter, for each Government fiscal year ending 30 September, will be due and payable in advance on 2 January following and will be computed based on the actual experienced costs for the preceding Government fiscal year, The third payment shall be increased or decreased by an amount being the difference between the sum of the first and second payments as computed based on the actual costs experienced for the stated periods and the sum of the first and second payments by the City based on the estimated costs for the same periods, , When each and any portion of the future water supply storage 1.s placed in use, the first payment of the additional amount of the joint use operation and maintenance costs required to ba'paid for such storage use will, be due and payable in advance within 30 days after first use of such storage, will be for the period beginning on the date of said first use and endin;.on 30 September following, and will amount to the pro rate share for this'period of an annual payment for the portion. Annual payments thereafter, for each Government fiscal year ending 30 September, will be due and payable in advance , on the dates corresponding with the payments due for present use storage and will be computed based on actual experienced costs for the preceding Government fiscal year, except for the second payment only in the event it ehould be due and payable on 1 October, In the event the second payment is due and payable on 1 October, it will be based on the annual joint use cost eatimata in ejection IV, of Exhibit A and adjusted for actual experienced costs in the third payment in the manner described above for present use supply payments. Annual payments shall be computed as shown in section IV of Exhibit A. 6 N 33~~~ I J"r s~ yR A l _ t tr i14 I Ef it 1 al Assurance of funds for contract moments, The Government agree that all paymeenstso[conte thraGicthtd hereunder shall be secured solely by a pledge of ~ surplus revenu s remaining after payment of all ex~~bined waterworks and sanitary sewer chCfm system and after P nsea of operating and maintaining such providing for payment of all debt service, reserve or other requirements in connection with the City's Waterworks and sanitary Sewer System Revenue Bonds now outstanding o;.' those hereafter issued on the s,we basis an the outstanding bonds or on such other basis as may be approv by Contracting Officer, The City agrees to fix and collect suchratesdand charges for services of said combined system as will, in consideration of any other funds legally available and reasonably assured for the purposes, a make possible the prompt payment of all the aforementioned requirements including payments contracted hereunder, Payments made by the City as Project resurveyncoststshand allabemregarded capital as capi,tal replacem,~nt sedimentation { ARTICLE 6, Construction cost adjustments, All construction cost dollar amounts In this contract, includ:(ng those In the Exhif' are tbased on the entative best estimates. They will be adjusted upward only o downward by the Contracting Officer when final construction costs become k and the contract will be modified to reflect the adjustments, known, I j ARTICLE 7, Duration of contract. This contract shall be effective I when approved by the Seccretary of the Army and shall continue in full force I and effect for the life of Aubrey Lake and Lewisville Lake. Both Aubrey Lake and the additional storage to be made available in Lewisville Lake have been formulated on the basis of 100 years economic life. ARTICLE S. Permanent rights to story e. Upon completion of payments by the City as provided in Article 5a iher in, the City shall have a { right, under the provisions of the Act of 16 October 1963 (Public Law 88-140t 43 V.S.C. 390e), to the use of the water supply storage spaces in Aubrey Lake and Lewisville Lake as provided In Article 1, subject to the followings a. The City shall continue payment of its share, as provide} in Article 5c, of the annual operation and maintenance costs allocated to water supply, b. The City shall bear 74 percent of the costs allocated to (1) water supply for Aubrey Lake and (2) the total storage space between elevations 515.0 feet above mean sea level and 522,0 feet above mean sea level for Lewisville Lake of any necessary reconstruction, rehabilitation, or replace- went of Aubrey Lake or Lewisville Lake features which may be required to continue satisfactory operation of Aubrey Lake or Lewisville Lake. Such costs will be established by the Contracting Officer, . Repayment arrangements, including schedules, will be in writing and will be made a part oV this contract, i c. Upon completion of payments by the city as E provided herein, the Contracting Officer shall redetermine thestorage ispaceifor 5a f 7 r k'. } } tl } municipal and industrial water supply in Aubrey Lake, taking into account such equitable reallocation of lake storage capacities among the purposes served by Aubrey Lake as may be necessary due to sedimentation, such findings, and the storage space allocated to municipal and industrial water supply, shall be defined and described in an "111)l _t which will be made a part of this contract. Following the same principle, such reallocation of lake storage capacities may be further adjusted from time to time as the result of sedimentation resurveys to reflect actual rates of sedimentation and the exhibit revised to show the revised storage space allocated to municipal and industrial water supply, d. The permanent rights of the City under this contract shall e continued so long as the Government continues to operate Aubrey Lak Lake a bnd/or ~ Lewisville Lake, In the event the Government no longer operates Aubrey Lake or Lewisville lake, such rights may be continued subject to the execution of a separate contract, or supplemental agreement, providing for: { (1) Continued operation by the City of such art cility I as is necessary for utilization of the water supply storageospacesfallocated to it; i i (2) Terms which will protect the public interest; and (3) Effective absolvement of the Government by the City from all { liability in connection with such continued operation, ARTICLE 9, Release of claims. Government, including its officers, ageThe City sll nts, andhemp ohold and save the ability of any nature or kind for or on account ofany9claimmforsdamagea which may be filed or, asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or withdrawal or release of water from or transfer of wator-t or from Aubrey Lake or Lewisville Lake made or ordered by the City, or as a result of the construction, operation, or maintenanca of the features appurtenances owned and operated by the City, ,provided, that this shall npt-be construed as obligating the City to hold and save the Government )harmless from danage,s or liability resulting from the sole negligence of the Government or its officers, agents, or employees and not involving negligence on the part of the City or its officers, agents, or employees, ARTICLE 10, Assignment, The City shall not transfer or assign this contractor any rights acquired r;44raunder, nor sub-allot said water supply storage spaces or any part thereof,._nok grant any interest privilege, whatsoever in connection with this contract, without theapproval of the Secretary of the Army, provided, that unless contrary to the public interest, this restriction shall not be construed to apply to any water that may be obtained from the water supply storage spaces by the City snd furnished to any third party or parties, nor any method of allocation thereof, ARTICL 11, Officials not to benefit, No member of or delegate to Congress,, ra des dent Commissioner, shall be admitted to any share or part 8 a , f et j municipal and industrial water supply in Aubrey Lake, taking into account such equitable reallocation of lake storage capacities among, the purposes served by Aubrey Lake as may be necessary due to sedimentation. Such findings, and the storage space allocated to municipal and industrial water supply, shall be defined an., described in an exhibit which will be made a part of this contract, Following the same principle, such reallocation of lake storage capacities may be further adjusted from time to time as the result of sedimentation resurveys to reflect actual rates of sedimentation and the exhibit revised to show the revised storage space allocated to municipal and industrial water supply, d. The permanent rights of the City under this contract shall be continued so long as the Government continues to operate Aubrey Lake and/or Lewisville Lake, to the event the Government no longer operates Aubrey Lake or Lewisville Lake, such rights may be. continued subject to the execution of f a separate contract, or supplemental agreement, providing for: (1) Continued operation by the City of such part of the facility as Is necessary for utilization of the water supply storage spaces allocated to its i (2) Terms which will protect the public interest, and i ff ' (3) Effective absolvement of the Government by 'he City from all 1 liability in connection with such continued operation. ARTICLE 9. Release of claims. Government, including its officers, agThe City hold and save ents, andhemployees, harmlesshfrom liability of any nature or kind for or on account of any claim for damages which may be filed or asserted as a result of the storages in Aubrey Lake and/or z Lewisville Lake, or withdrawal or release of water from or transfer of water-t l`y or from Aubrey Lake or Lewis•r+,lle Lake made or ordered by the City, or as a result of the construction, operation, or maihtonance of the features of ra,..! appurtenances owned and operated by the City, provided, that this Shall o t-be construed as obligating the City to hold and save the Government harmless from daitages or liability resulting from the sole negligence of the Covernment or its officers, agents, or employees and not involving negligence on the part of the City or its officers, agents, or employees, ARTICLE 10, Assignment, Tho.City shall not transfer or assign this contract or any rights acquired t"ieunder, nor sub-allot said water supply storage spaces or any part thereof,,-nor grant any interest, privilege, or license whatsoever in connection with this contract, without the approval of the Secretary of the Army, rovided, that unless contrary to the public interest, this restriction shall not be construed to r;pply to any cater that may be obtained from the water supply storage spaces by the City bnd furnished to any third party or parties, not any method of allocation thereof, ARTICL 11., Officials not to benefit. No member of or delegate to Congress,/ r xea dent Commiseionor,V shall bs admitted to any share or part 8 j F f, l of this contract or to any benefit that may arise therefrom; but this f provision shall not be construed to extend to this contract if made with a I corporation for its general benefit, ARTICLE 12, Covenant a ni.nst contin ent fees, The City warrants that f no person or selling agency has been employed or retained to solicit or secure this contract upon agreem.nt or understanding for a cotmiission, percentage, brokerage, or contingent fee excepting borla fide eninloyoes or bona fide established commercial or selling agencies maintained by the City for the purpose of securing business, for breach or violation of thie warranty, the Government shall have the right to annul this contract without liability or in its discretion to add to the contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, i or contingent fee, ARTICLE 13, Envi~ fronmentel quality. During any construction, operation, and maintenance by the City of any facilities, specific actions will be taken to control environmental pollution which could result from such activity and to comply with applicable Federal, State, and local laws and regulations concerning environmental pollution. Particular attention should be given to ! 1 (1) reduction of air pollution by control of burning, minimization of dust, containment of chemical vapors, and control of engine exhaust gases and j smoke from temporary heaters; (2) reduction of water pollution by control. of j i sanitary facilities, storage of fuels and other contaminants, and control of. I turbidity and siltation from erosion; . (3) minimization of noise levels; (4) ongite and offaite disposal of-waste andspoil; and landscape defacement and (5) prevention of I damege 1 ARTICLE 14, Federal and State laws, a, In acting under its rights and obligations hereunder, the City I, agrees to comply with all applicable federal and State laws and regulations ! including but not limited to the provisions of. the Davis-Bacon Act 1 (40 U.S.C. 276a at seq,); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); and Title 29, Code of Federal Rogulations, part 3, b, The City furnishes as part of this contract an assurance (Exhibit C) that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat, 2410 42 U.S.C. 2000d et seq.) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of k Title 32, Code of Federal Regulations, s i ARTICLE 15. Definitions. [ a. Joint use costs, The costs of features used for any two or more Project purposes, b, project investment costa, The initial cost of the project, { includings land acquisition; construction; interest during construction on the value of land, labor, and materials used for planning and construction of the Project. 9 YI SbTr=t ,log c, Specific costs, The costs of Project features normally serving only one particular Project purpose. d, Interest during construction. An amount of interest which accrues Ti, on expenditures for e establishment of Project services during the period between the actual outlay and the time the Project is first made available to the City for water storage. ARTICLE 16, A roval, This contract is subject to the written aroval of the Secretary of the Army, and it shall not be binding until so approved, j I ! r 1 ro ; f_r:1*„ ~i 1i lC~ ILA. toe i 1N WITNESS WIIERL0Oy the parties hereto have executed this contract as of the day and year first above: written, APPROVED; 77113 UNITED STATES OF AMERICA By Secretary of the Army doe- N Sfieeird Colonel, CE Contracting officer Data i f s CITY OF DALLAS, TEXAS I r i E ' E By if George R. Schrader City Manager rr ~ I Harold G. Shank, f I f Dalla certify that I am the City Secretary of the City of s, Dallas County, Texas, named as City herein; that George R. Schrader ~ Who signed this contract on behalf of the City of Dallas of the City of Dallas, Texas that said contractwasdulywsignedn£ortand as t behalf of the City of Dahas 't City and is within the scope Of its s, ias by authority of its goVernin gal powers, g body and TNofb WITNellesESS WHEREOF, T have heyreunto affixed m , Taxes this da of Y hand and the seal of s 19'15 , said City j f Harold G. Shank Secretary City of belles, Texas CORPORATE SEAL li - - w a6. d j.'S.;SUfd p{ , Contract No, DACw63- I ~ C-0000 AIIBRF.Y AND L~ , VISVII LE LAKES ' Ell 'I _IT A 1 x _ LAM STORAGES Aub~lnke Elevation Cross Percent ` Feature storage of ater st [ } (feet msl gross water supply (acre-feet ) stora e Flood control storao~ Water supply 632.5-640.5 265,000 892 I (City of Dallas below 632,5 7990600 24.Min ) below 632,5 (5910700) 100,0 (City of Denton) below 632,5 (55,580) (74.0) Total$ 110640600 (1____,9,_528) (26,0) 100,000 I E Le-vi-sMille Lake f Gross ! Feature Elevation storage (1) Of ogross Percent pl (feet mss acrefeet roes water supply E j ,r____1 etorage(2) stora-, ! Flood control 522,0-532,0 Water supply 515. 336,100 65 427 0-5220 (City of Dallas) 515.0-522. 177,600 34,573 200,0 (City of Denton) 515,0-522,0 (131,400) (25,584) (74,0) Totals 6200) 8,989) 513,700(2) 100.000 (26,0) (1) 1985 condition (2) Between elevations 515.0 and 532,0 feet mal, i 11 - PROJECT ESTIMATED CONSTRUCTION INVESTMENT TO BE ALLOCATED I Federal conatructi.on cost I Nonreimbursaele costs 840,000 (unellocabcated le) (1) $149,603,000 -Project cost to be allo Interest during construction an allocable cost S14 11 61 61 p Project construction investment to be allocated 1 000 (2) 155,374,000 (1) Relocation of roads above replacement. (2) Interest rate ~ in-kind standards, 3,25%, Interest rate for reimbursable amounts will be set at of the beginning of the fiscal year in which construction of the Project is started, A-1 vr)Sti:dt 1 ALLOCATION OF ESTIMATED CONSTRUCTION INVESTMENT (5ep:irable costs - remaining benLfits method} Water supply Recreation Totals 1. Specific facilities cost, $ 145,000 $18,703,000 Aubrey Lake (145,000 $ 18,848,000 1 Lewisville Lake (0) (12,270,000 (16,578,000) 2, Joint use facilities coati 89 707 600 (2,270,000) 1 Aubrey Lake 86,741,600 35,207,400) 124,915,000 ?ake ( ' ' ) (34,043,400) (120,7850000) Lewisville ' I (2,966 000) 1 164 000) 4 l30 000) Subtotals cost $89,852,600 - Z- - 3, Interest during $53,91D,400 $143,763,000 f constructions (1) 8,0220400 3,588,600 111611,000 Aubrey Lake (7,757,300) (3 410 800) (11,168,100) Lewisville Lake (265.100) (177.800) (442 900 j 4, Total,allocation } i 1 investment: $97,875,000 (2) $57,499,000 $1559374,000 { Aubrey Lake (94,6431900) (53,887,200) (1481531,100) Lewisville Lake (312310100) (39611,800) (6,8420900) ! (1) interest rate - 3,25%, Interest rate for reimbursable amounts will be set as of the beginning of the fiscal year in which construction of the { Project is started, (2) Investment cost to be repaid by, Lewisville Lake Aubrey Lake Totals City of Dallas - 74% 203910000 $70,0 72,427,500 Present water supply (2,3910000) (351018,250) (37,409,250) I Future water supply City of Denton - 2b% (0) (350018,250) (35,018,250) 8400100 24,607,400 25,447,500 - Present water supply (840,100) (12,3030700) (13,143,800) Future Totals supply (0) (12,303,100 12 303,700 I S ) 3,231,100 $94,643,900 $97,875,000 IV - ALTACATiON OV ESTIMATED OPERATION AND ?MAINTENANCE COSTS . Aubrey Lake Water eupPlY Recreation Total 1, Specific cost $ 47,700 $435,000 26 Distribution of joint use $482,700 cost (percent) 57.283 42.717 100,000 3, Allocated joint use cost 81,800 61,000 142,800 4, Total allocation $129,500 $496,000 $625,500 To be paid by the city of-Dallas, 74% of'Spec ifie cost for water supply facilities $350298 Aubrey Lake joint use costs Present w/s (0.50 x 0,74 x 0,57283 x $1420800) 30,266 Future w/o (0,50 x 0,74 x 0,57283 x $1429800) (1) 30 L266 Total $95,830 A-2 t !y I / , (1) Additiona], annual. Amounts of Joint use cost required to be paid future water supply storage is used will be computed as follows;aa I Percent of future w/a st` ora'e placed in use 100 x 0,50 x 0.42389 x annual Joint use cosh *Estimated Of actual, as applicable. 'V ALLOCATION OF F5Tl1tATF.D MAJOR CAPITAL RP COSTS _AND SL~jlpfFN~pA'PTON 1;i6UI2V YS P! CEMENTS --'-------°_._.----COST A, !in or 3 capital re lacements cos i ( - stst (1) ~ ~ Aubre_~ e I Water j 1. Specific cost 8- u'~' Recreation 2• Distribution of point use cost $1,100 _ Total 3-Allocated joint use cost (percent) 65,714 $l07 $ $10$,400 2 300 34.286 100,000 i 4. Total allocation 1,200OQ $3,400 $109,000 $112,400 To be paid by the City of Dallas= ` Aubrey specific cost for water supply facilities Y Lake joint use coats Present w/o (0-50 $ 814 X 0,74 x 0,65714 x$3,500) Future w/8 (0,50 x 0,74 x 0,65714 x $3,500) (2) 851 f Total 851 I 2,51 M' Estimates of average annual charges are used for determination of allocated percentages, All charges will be based on the indicated per•- centages of actual costs if and when they are incurred. (2) Additional amounts of joint use cost required to be paid as future w Supply Storage is used will be computed as follows: ater Percent of future w/a stars a, laced in use 100 " x 0.50 x 0,48628 x actual joint use cost Sedimentation resurveys costal Aubrey hake Sedimentation resu rVe 9 the City of Dallas are based sonltheapercentageeofsthelgross storage in b Aubrey Lake represented by the storago right of the City by of this Exhibit A. -see section i Present water Supply !i x 55,5807. a 27,790% Future water Supply Portent of future w/a stora a placed in use 100 x 27,790% A-3 R j it 1 { VI - GO'fPUTATIONS FOR ANWAL PAYMENTS FOR. INTEREST AND AMOR'TI7.ATION Present venter qMI ; Amount to be amortized; k Lewisville Lake $ 3,231,100 x 0.74 $ 2,391,000 Aubre~yoaa~e $94,643,900 x 0,74 x 0,50 35 018y250 f $37,40 ',250 Based on 50 equal payments, 49 of which bear interest on the unpaid balance at the rate of 4.371 percent, k P A i P Where: P a annual payment I ' A o amount to be repaid = $37,4095250 -+C i - interest rate 4,371% c o amortization coefficient for 49 years 0,006125257063 { $37.4091250 - P _ P= 1 { .04 371 + 0.006125257063 { j 20.06611501P $370409,250 - P 21,.06611501? - $373409,250 t P w $1,775,802.04 1 {i I l i A-4 A1ttY•'-d e Uu z R CorieraCt No, D=463-75-'C•-0000 AUBREY .~1D 1.f'1dTSV]i.LE 1,AKi.S i PAYMENT SCHEDULE YR• PAY'4ENT T3 PAYri;VT T9 T3TAL N NO. INTElEST PR1'1C1?AL ? . T '3I1LR i AY:~fIS,I. JI13 0000 1775803.01 3740430.00 2 1557538.01 1775502.014 356334,17.Q6 3 1547997.69 a'$~64.03 17751302.04 35415183.3,3 4 1538040.36 7804.35 1775302.04 35137379.53 5 1527647.80 37751.65 1775502,o/4 34949517.90 248154.4 6 1516800.93 1175802.04 3/4701463.66 2 7 1505480.04 59001.06 1775802.04 344/A 52.1>7 i 8 1493664.27 2,92132.00 1775802.04 -34172fU0.60 232137.77 9 1481332,02 1775808.04 3389000233 10 294470002 1775`502.04 146$440.74 307341.30 1775302,04 335'>5532.91 1I 1455026.15 3328.9191.51 'I 30775.19 1775802.04 12 1441005.77 334796.27 1775802,04 32632630 ! 1426371.$2 349430.2?, 3263 6-0.75 1411098.23 1775802.04 3228.3189.33 25 1395157.02 364703.81 1775802.04 3191334.86.02 ' 380645.02 1775802.04 31537341.00 16 1378519.03 397283. 17 1361153.79 4146148 01 1775802.04 31140557.99 i 18 1343029.51 $5 1715602.04 30725909.74 i t9 1324113.03 432772.53 1775802.04 45 302)13137.21 f ? I" 20 1304369.70 1689,01 1775802.04 296'1448.20 471432434 1775802.04 21 1283763.39 29370015,156 22 1262256,38 492038.65 1775802.04 28877977.21 23 1239809.30 513545.66 1775302.04 28364431.55 !216381 . 06 535992.74 1775802. 24 1775802,04 27828439.31 I 25 1191928.77 559420.98 1775802.04 27279017.83 26 1166407.67 583873.27 1775802.04 26685144.56 27 609394.37 1775802.04 26075750.19 !139771.04 636031.00 28 1111970.13 17753302.04 25439719.19 29 1082954.03 66,831.91 1775802:04 24775887.233 30 1052669.65 69,.848.01 1775802.04 24063039.27 31 1021061.53 723132.39 1775602.014 23359906.83 32 988071.82 754740.51 !775802.04 22605166.37 33 953640.13 767730.22 1775802.04 31817436.15 822161,91 917703,44 2161.91 177580204 ?.0495274.24 858098.60 1775802604 20137175.64 35 8801`95.95 89$606.09 36 84104901 1775802.04 19241569,55 37 804!90.95 934753.03 1775802.04 183068I6.5.2 38 75754509 975611.09 1775802.04 17331205.)13 39 713039.06 1018255.05 1775802.04 16312950.33 40 613030469 1062762.98 1775802.04 15250137.40 41 618101,8q 1149216. 11577000 1775802.04 14140971.05 42 567498677 ,20 1775802.04 12983270.85 43 514683,83 1208303.27 1775802.44 II774957.58 44 459560.36 1261118.21 1775802604 t0513.549.37 1316241,68 4 402027.43 1 1775802.04 9197607.69 46 6 341976.74 373774.61 1775802.04 7823333.08 1433822.30 ' 47 279307.37 1496494,67 1175802.04 6390010.,fg 48 213895459 1561906.45 1775302.04 4893516.11 49 145624.66 1775902.04 3331609.66 50 74369.60 1630177.3.5 1775802.04 1701432,38 1701432.29 1775801.86 0.00 t1-1 Contract No, DACW63-75•-C-00o0 f AUBHy AND LFWISVILLF LAKES I t RXkIBIT C i ASSURANCE OF C013P1,IAt1CE WITH THE DF,PARTNENT or DEFENSE DIRECTIVr UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The City of Dallas, Dallas County, Texas I Recipient") 1;FREBY AGREES THAT it will ComplyewithttitleaVlaofAthe Cirt- l J Rights Act of 19464 (Public Law 88-352) and all requirements imposed by or pursuant to thg Directive of the Department of Defense (32 CFR Part 300, Issued as Department of Defense Directive 5500,11, December 28, 1964) Issued pursuant to that title, ho the end that, in accordance wi i of thatAct and the Directive no itle VI the ground of race, color, or~nationalooriginhbeUexcludedafromyparticipgtion in, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity for which the Appllcant-Re Federal financial assistance from the U. S Army ciplent receives HEREBY GIVES ASSURANCE THAT it will Immediately take panyfineasureslnecessary to effectuate this agreement, s If any real property or structure thereon is provided or improved with the lI aid of Federal financial assistance extended to the Applicant-Recipient by the U. S, Army Corps of Engineers, assurance shall obligate the Applicant- Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used fora I Purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this Assurance shall obligata the Applicant-Recipient for the financial assistance is extended to it by ArtheoU. S. Arwhich the Federal p my Corps of Engineers, THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the Department, including installment payments after such date en account of arrangements for Federal financial assistance which Were approved before such date, The Applicant-Recipient recognizes and agrees that such Federal assistance Vill be extended in reliance on the representations end agreements made in this aasliranee, and that the United States shall have the right to seek C-1 eiv^ Yl. J i I Judicial enforcement of this assurance, This assurance is binding on the I Applicant-Recipient, its successors, transferees, and assigne person or persons whose signatures appear belo;, are es; and the authorized to sign this assurance on behalf of the Applicant-Recipient, THE CITY OF DALLAS, TEXAS 1 bated By ! George R, Schrader City Manager ATTEST- _11a rold G, Shank Secretary City of Dallas, Texas i C-2 o-Ai 1i Contract No, DACW63'-75-C-0000 AUBREY AND I,EWISVMLE LAYES EM11BIT D E OPINION OF COUNSEL I have reviewed and approved contract number DACW63-75-C-0000 between the United States of America and the City of Dallas, Texas. Particularly I have considered the effect of Section 221 of Public Law 91-611 i (42 U.5,C. 1962d-5b) and am of the opinion that the City of Dallas, Texas has the requisite legal authority to enter into and comply with this agreement as required by the aforementioned statute. i i Dated J N, Alex Bickley City Attorney ' City of Dallas, Texas 3 1 i r, E i r 1 t D-.1 l .i, N 1 i Ul1rJliGAr ilubrey Lako Iitucl 1)xnita al' 41ui:r:r. lt.tl;p.ly Ccmtructu - p~ ,E ! I 33 Divlaian tsnringc{r, ~'uutlrtrayCorit _I 1 t I J 1. l{41'cz` Cap a.attcr Sfll'LI)-IC ritrtcd 1£1 Juna 197:r vrith ubovu uuh u isuiox'rtt~°•tan Ca , ~ ,7 at, w.tCh tZro Final Draft of 7Jnt, ~6ul,Plyu un Ya)cCGhwl.tl nuujectf Lakoviety l',alto , 17 t u11Ut1)w'iif tat ~,u@ot•aeuout, t 2. Jnclaard arcs cabjctat d,:a.~f:a, Tht~no drartu 1uco:rpolmLo ttsa t'r~v and iayuirumenta of rtttcx•enco a nn4 dd ittw cca u it.io~ratl rr:vi.bionu mudo uutuntm ~ 3. t{nviaiane ruruirnr! b by the dietx•1uC, i t by tho rnvietr inc,oramanta are ab L'olloz)at u, The firot and uecond whoroap alpuaou hnvo baorc raatructurod no 1 requauted, i I I l►, fi,a 1I[pt41 hxaQO of frtclo t la hnq Lrnq ndtlorl sa requootad. u, 1'hta couts allocattal to rui:ura w©ta > ,t.l4, vr k2 574 r vupply have bran rv<luced Co via of 45546466 lcon:3 t} the ux].ov,ablG ti43,12t3,,<)U4, by 4210cadlig, 5L percent of Aul,roy trntur r api~lY uturn};o HFcaa to 1>ruount urta in oviout,l ' 1iw 1ou a1 5O 0 Ixmrout au lrr nukrbotla and computations fiLaaut;lLout Cho Cant racta hnvo bnuari . lued, Arfegtod r}• xtttereat arvl project ictvout:ctorct rwtoutttu hnvo bactu ruvinod throul"bout I the cbutracto to "o (I the riucal year 1976 iutorcut rato or 3.116 lmt'aunt for ra:imburbublF cuaaunCa, i ~ waalq preeuzttud rlrtialta 5c1, now , , a contract vri th Wlj U~ilQa. Thu prior arc,rditc1, ~ l pcnro au Artiela 5o in thg ! bClil th<i nt,xUinty now uaad 01: thiu articlo WO di,nnpl)oved by coordination bcttwoun ('(X and Watt City ofhtmlteaiaera,r~aicuuca lvabrdnut.t tc j rppgj~~~, U .Y.;:4WtC !!!t,`il Air.: Fl.• rr;;SV'ia. 7(~k I• `,a v. L! , 1 i slrl'r:~,.7~c bit}f.71 u'1'; Aubrcly 7.alcca )rival llrnfto of llatez Sstpttly Cout:xr:cta iS l f Art:iclc, 5c Itna be:tltt di.viclect inl'O p+uu!`rnpltu (1) and 2 i 4, x'lto d:lnlz:lat ltrta maul l•he follaorinl; ruviuious to slut ptnviauoly roviesred ! drnffU, u . !n Ax•taclo .`ia ~ , tltr+ (t) refnrattco iu t+lttc;n to tha IrroviFionU of Articlo G and rout of Lho rvrding pt"oviciin}; for inter:Lr rind f:l.nal Cont dete ! in trAmi.'orrecl to Articlu Cortl,iructIon r:ortt art cl< A bottnr arrant. 1 _ ttt~nt:n. rntinzttiotzrt ,cyaatC of rontracL }>:;~,vloi.onn' and t:Ollowri t11,0 (JCL: au} Cat t..a4 ttr revl(31on au prusclAf3d in rrferattcf b, b, Ax,tialn 511(5) of the 611'41141:rrd format lino been ralocatod nn Article " With thu nubtitla (,hot! c r for dc] lnftlir uC ;t1y u~l,t n, ~d, s-tndGr, Article 5rt, Lhu I >,tovini`oita xcirdu 1C nppearn i;hat loaatcd projacL invostmrut• con llte otl;S i{rlqueut'~f'rynl0ntry ripply only Lo a, y 111: 411 t 00r (3Cr VCS) Whieft they sviJ•1 (10 if lncntcact as Artiulo8 5d10 ! in reforahae b, Thiaych(jnl ihDinnualsoclirLae' OC! a. Ill Article 5b the t.7ordiup It appoarn that am :ltttont of ChtO 111t,ruvencen G nncl 7 has been rovinod, p yr= t trlten touts are 3aaurreLi or rt n1, 1e taox'dis'tc, is aithur a lur:tp aunt contU at the Clone of the r i j1x l~nyacnt:, in fatal, of alto iuaux'red i+ clutrged Nltvuelt the time itjcurx•ris tohir:h Chu Coutn wlaru £xtcuzrecl, tr,h l.nLazaut f <i ltttrl Oct payEAURt lit t Zf paytaettt ov(.r it rwtubor of yenrtJ In to bnpot,iuitted, (tomo1bchedulat~ofYduo daLoa ctnd anwunta must he ovenblishcd to maintain fi,ncal control, This citange r ~f wan also r,roa uzted in raferexlcu b, f d. Article 5o Ivan been revritt:an from the prevl.ouu subntinal,on, isropor cbllaction nttci-fituuteinl r•ytrtrt€Sement under t:ho etatcd conditionsltiu I file carttraet of operntlon rmd runintfntancci conCa ara diii'icitlli unleas the f term" and nsot:itacta of detaimizwtiou are c),enrly'rttatod and understood by tha purCiet., OPOtation ttrld runinteuaneu chp.rt,ros aYo col2 the diffor,+ncea in oh.ligatiortn for uprcii'ic and Joint sc tibl e conto iu uau 6 i(a and advance! and the apLiona avnilnbJ.o to Local izttoresto in tho llgo nF Future water oupply make it difficult to providu torma coveving all contindoncies r..loezly and aannisel Well for future water supply, it fe p0anibla for the user to opt to begin use after. thu dat4 is aloaed anti before e-Apcx1cncad COOL-61 are avnilablo for use y In doLorntinUg chtrtrgeu, 'I'ltrough the uce of datellclrl fox7nulan in Exhibit A we 1,001 we have coverad tha z,aUa;ibllit:ian in the briafant: and oloaroot way pogeible to aaCanipliull propor collGQti6n. Wo brave tante'd the provisions thoroughly curd bsiieve they will ylald the deaircd regultu. to be duo au 2 +7anunry fallowitrg: rho clone ()f n fi llnnncc au.l Accountiikr B • 1'ayrtonta rtre not compute t scal year to allow tirta for 1 fnnclt La c:loue the boOkU camplata year end sports, t tile 1 (Arid bill Cha user„ 'Lltiti c1008 riot nff0at the ditto dtto and amount duo kitrr Covormont:, only talc date When it is payable, 9 F ~PLV: VA yy bi?tTp4" _I V,Vp4 i I I~ Mr. Zvees/vvt/207.4 tt aWlrl?IJ~F'(; GULUL''C2': ((p G`' , Y Talto T~3nuX J}:•4r,Gl.~ o.C }J1:i:l;r tau}jl~ly Costt>:actn and n}~puxxcpuuna~ n.us, In nrtic:lc~ 9, 11%w 1, IruH berm CJ=:a►a <~r! t,o rc4ccrl "fr~rtuco4 f i !t ►ecoomrxrsd Chet(; Via h1cl(McId Contracto bo apprrived t'nt' p~arJantnt;J~s to thcA e:1Ci.rste zor us ~1 pzovc~l aur! e~:c-~:s:l:.iota y i 2 Intl (quint) I.. tr/e: coll4r i)a13.1Q 70F 11. !i!'1~!'n f 29 nr/a contr 1)rintotX Gnlostr~:l, Ci; 1 JJ3CCr:4(;b Liq inns Copies 'furn.ished Ofe of Couns - so incl i J Prog Aev Br w/a incl 11 F i_ IBALL SWi•P.D-P nit00L •/Y" q Frl)-G jt o BURK NW CCC I W 1100D hpF sIJ , ~ f Bi1R!{BTT ~ia1~J~c LTC TRACY SURD i Col. SI SWFDL ..MATE RETURN TO CoiH Sao, Oil & Gas Bldg 9 Contract No, I)ACId63-76-C-0000 AFT DR «a v 14 1975 CONTRACT BET1EEN THE UNITED STATES OF MF.RICA AND THE CITY OF D1.'N1'ON, TEXAS FOR WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS THIS CONTRACT, entered into this day of between the United States of America (hereinafter called tile lGoverinment), represented by the Contracting Officer executing this contract, and the City of Denton, Denton County, Texas- (hereinafter called the City)* WITNI;SSCTII VAT, { i WHEREAS, the River and Harbor Act of 1965 (Public Law 89498, 79 Stat, i 1091) authorized the construction, operation, and maintenance of Aubrey Lake including modification of Garza-Little Elm Reservoir, since renamed Lewisville Lake, (hereinafter called the Project) on the Elm Fork of the Trinity River In the State of Texas; and i WHEREAS, in accordance with the authorized modification, Lewisville Lake (located immediately downstream from the Aubrey Dam) will be modified to permit the transfer of flood control storage from Lewisville Lake to Aubrey i Luke for an equivalent amount of water supply storage in Lewisville Lake for municipal and industrial uses; and i , WHEREAS, 'the City desires to contract with the Government for the use of I storage included in Aubrey Lake and the additional storage to be made available in Lewisville Lake for municipal and industrial water supply and for payment of the coat thereof in accordance with the provisions of the Water Supply Act of. 1958, as amended (43 U.S.C. 390b), and 3 WHEREAS, the City is empowered so to contract with the Government and is vested with all the necessary powers for accomplishment of the purposes of this contract, including those required by Section 221'of the Flood Control Act of 1970 (42 V.S.C. 1962d-5b); NOI40 THEREFORE, the Government and the City agree as follows: ARTICLE 1, Water storage space, a, pro act construction, The Government, subject to the directions of Federal law and any limitations imposed thereby, shall design and construct ' the Project so as to include in Aubrey Lake space for the storage of water by the City and space for the storage of floodwaters which will permit the reallocation of flood control storage in Lewisville` Lake to municipal and industrial seater supply storage, a portion of which will also be util the City, - ized by b, Rights of the City, (1) The City shall have the right to utilize (a) an undivided 26,0 percent (estimated to contain 207,900 acre-feet gross storage, including storage for sediment deposits) of the total storage space in Aubrey Lake below l 6O,s~l,'llil!i l~•:,1 r~epp i elevation 632,5 feet above mean sea level, which total storage space is estimated to contain 799,600 acre-feet gross storage, including storage for sediment deposits, and (b) an undivided 26.0 percent: (estimated to contain 46,200 acre-feet gross storage, including storage for sediment deposits) of the total storage space in Lewisville Lake between elevations 515.0 feet above mean sea level and 522,0 feet above mean sea level, which total. storage space is estimated to contain 177,600 acre-feet gross storage, including storage for sediment deposits. The storage space in Lewisville Lake is to be used to impound water for present demand or need for municipal and industrial water , supply; and the storage space in Aubrey Lake is to be used to impound water for present and anticipated future demands or needs for municipal and industrial water supply, In Aubrey Lake, 51 percent (an estimated 106,000 acre-feat) of the space which the City has a right to utilize is for present use water storage and 49 percent (an estimated 101,900 acre-feet) is for future use water storage, E (2) The City shall have the right: to withdraw or transfer water from or transfer water into either or both of the two lakes, or to order releases to be made by the Government through the outlet works in tike dams, subject to the I provisions of Article le and to the extent the aforesaid storage spaces will I provide, and shall 4,~va the right to construct all such works, plants, pipelines, and appliances as may be necessary and convenient for the purpose of transfers or withdrawals, subject to the approval of tite Contracting Officer as to design and location. The grant of easements for right-of-way across, in, and upon land of the Government at Aubrey Lake and at i ~ Y Lewisville hake.. shall be by separate instrument in a form satisfactory to the Secretary of the Army, without additional cost to the City, wider the authority of and In accordance with the provisions of 10 U,S,C, 2669. Subject to the conditions of such easements, the City shall have the right to use so much of Aubrey Lake and I+ Lewisville Lake lands as may reasonably be required in the exercise of the rights and privileges herein granted, c Rights reserved, The Government reserves the right to lower the water in Aubrey Lake to elevation 632.5 feet above mean sea level and to lower the water in Lewisville Lake to elevation 522,0 feet above mean sea level during such periods of time as is deemed necessary, in its sole discretion, for flood control purposes. The Government further reserves the right to take such measures as may be necessary in the operation of Aubrey Lake and Lewisville Lake to preserve life or property, d, uality or availability of taster, The City recognizes that this contract provides storage spaces for raw water only. The Government makes no representations with respect to the quality or availability of water and assumes no responsibility therefor or for the treatment of water, ARTICLE 2, Rtplation of and right to use of water. The regulation of the use of water withdrawn or released MM or transferred to or from the aforesaid storage spaces shall be the sole responsibility of the City. The City has the full responsibility to acquire in accordance with State laws and regulations, and if necessary to establish or defend, any and all water rights needed for utilization of the storages provided under this contract, The Government shall not be responsible for withdrawals, transfers, or diversions by others, nor will it become a party to any controversies 2 rn~haa5r~,~ 44"v "N C{ 4 ,l:! g5so f~ involving the use of the storage spacer by the City except as such contro- versies may affect the operations of the Government, ARTICLE 3, Oferatinn and maintenance. The Government shall. operate and maintain Aubrey Lake and Lewisville Lake, and the City shall pay to the Goverimtent a share of the cc:-ts of such operation and maintenance as provided in Article 5, The City shall he responsible for operation and maintenance of all installations and facilities which it may construct for the transfer into { or out of or withdrawal of water from either or both of the two lakes and shall bear all costs of construction, operation, and maintenance of such installations and facilities, ARTICLE 4, Measurement of withdrawals and releases, The City agrees to furnish and install, without cost to the Government, suitable meters or measuring devices satisfactory to the Contracting officer for the measurement of water which is transferred into Aubrey Lake or Lewisville Lake or is with- from kbrer `transferred "Lake'or Lewisvilin Lake'b y y any means"other than c through Aubrey Lake or Lewisville Lake outlet works, The City shall ,,furytish to, the Government monthly eta,tement,of: all such wi.thgraw,alu or Crane l . I fete, kel:eases"from' the. water supply storage Spaces through Aubrey Lake or Lewisville Lake outlet works shall be made in accordance with written schedules Y furnished by the City and approved by the Contracting Officer and shall be sub [ ject to Article 1c, The measure of all such releases shall be by means of a rating curve of the outlet works or by such other suitable means as may be J h agreed upon prior to use of the water supply storage space or spaces, ` ARTICLE 5, Payments, In conaideration of the right to utilize the f aforesaid storage spaces in Aubrey Lake and Lewisville Lake for municipal and industrial water supply purposes, the City shall pay the following sums to the Governments a, Project investment costs, (1) The City shall repay to the Government, at the times and with interest on the unpaid balance as hereinafter specified, the amounts stated below which, as shown in Exhibit A of this contract, constitute the entire estimated amount of the construction costs, including interest during con- etruction, allocated to the water storage rights acquired by the City under this contract. The interest rate to be used for purposes of computing interest during construction and interest on the unpaid balance will be determined by the Secretary of the Treasury as of the beginning of the Government fiscal year in which construction of the Project is initiated on the basis set forth in the _Water Supply Act of 1958, as amended, Such interest rate at the time of negotiation of this contract (Government fiscal year 1976) is 5,116 percent, The City shall repays 26 percent of the construction cost of specific water supply facilities, estimated at $ 370100 18,672 percent of the total Project joint use construction cost, estimated at 23,3240000 Interest during construction, eatimated at 3,283,400 Total estimated amount of Project investment cost allocated to 26 percent of the water supply $26,6450100 3 SFl \ • TSI Y3il,~ 1 f 1 ! (2) ArThe Project investment cost allocated to the stornc Indicated i.n ticle lb (1) its be Li paces cur estimated at $14,020,100 on the basislofithe costslpresented3in ExhibitcAtly of this contract. The amount of the Project investment cost allocated to the storages for present demand shall be the first of which shall be due and p,aya►lenwithinn30 dayscaftcratheaCityti.s notified by the Contracting 0"•ficer that the Project is completed and operational for water supply Purposes. Annual payments thereafter will be I~ - due and Payable on the anniversary date of said notification by the Contracting Officer. Ucept for the first payment, which will be applied solely to the retirement of principal, all payments shall include accrued I ` I interest on the unpaid balance at tlfe rate 'provided above, The last annual payment shall be adjusted upward or doe•mward when due to assure repayment of all of the investment cost. allocated to. the storages for. present demand within v:. 50 years. E (3) The Project investment cost allocated to the remaining ,,F,lolf ,Phe_ storage, space, that ,Provi,dcd 1p,Aubrgy. i.ak(; for, fukuro,.use ourr.en estimated at $12,625,060 'on the basis of the costs presentd A. 1' F nk.ly ~ principal or interest payment with respect to this storageefornfutu~reiwater No I supply is required to be made during the'first 10 ydars'following the date tho i Project is operational for water supply purposes unless all or a portion of such storage is used for purposes of withdrawal. of water from or transfer of water into or from Aubrey Lake during this period. The, amount to be paid for any portion, of such,atorage which, is used shall .be .determined :by-multiplying the percentage of the total storage for future water supply w'nich is placed in i i use by the total amount of the Project investment cost allocated to future water supply, Interest at the rate provided above will be charged on the amount of the Project investment cost allocated to the storage for future water su 1 1 which is not being used from the tenth (10th) year following the date Thepy Project is operational for water supply purposes until the time when such storage is first used, The City may at its option pay the interest as it becomes due or all<„r the interest to accumulate until the storage is used. If this latter option is exercised, the interest will be compounded annually and added to the principal amount. When any portion of the storage for 'future 3 water supply is used, payment in bot. principal and accrued interest for the i portion used must be started; and the amount of the Project investment cost allocated thereto shall be paid within the life of the Project in not to exceed 50 consecutive annual payments beginning within 30 days after the date of first use of such portion, Annual due and payable on the anniversary ndate hofefirst use,thForaan poporti, rtion will except for the first payment which will be applied solely to the retirementoof principal (including accrued interest), all payments shall include interest on the unpaid balance at the rate provided above, The last annual payment for any portion shall be adjusted upward or downward when due to assure repayment of all of the investment cost allocated to the eto%-age within the repayment period, (4) An estimated schedule of annual payments for the storages provided for present demand is attached as Exhibit B of this contract. The annual payments as provided therein shall be made until an interim estimated 4 WNW W r~ determination of coat or a final deter1114'1"On of cost Lsi node as provir-i Ill Article 6, Payment srhedules for tho storage provided for future water(,slipply demandr will be furnished by the Contracting Officer when use of ouch storage is started, and if based on estimated costs will provided in Article 6 be subject to revision, as , until actual costs are known, the ind(5) The City shall have the right at any time it so elects to prepay ebtedness under this Article 51, in whole or in part, with accrued interest thereon to the date of such prepayment, b, hlaj or oarital replacement costs and sedimentation resurv S Costs, The City wi1Z be required to pay 26 percent of tl~e cost for any or capital replacement of specific water supply facilities at Aubrey Lake, In addition, the City•shall pay to the Government 8,714 percent of the costs of joint use i tidjor capital replacement items at Aubrey Lake until"such time as th'e storage + ,.'1.-for.,.futura..water supply is .usedo -As,tho storage provided fort future water supply demands is used, the share of the joint use major capital replacement items costs, which the City will be required to pay in addition to the major j r ,aapital-repl.acement.costs ;of the'specifid`wat'er-`su 1 facilities will'ba inet-eased commensurate with the percentage of the water supply storage being used up to. a total of 17.086 percent of such costs. The City will also be required to pay 9,959 percent of the costs of sedimentation resurveys at Aubrey Lake until such time as the storage for future water supply is used. As the storage provided for future water supply demands is used, the share of the sedimentation resurveys costs which the City will be required to pay will be 'increased commensurate with the percentage of the''water'supply storafie being used up to a total of 19,528 percent of such costs, Payment shall be made { either in lump aura on demand at the time such costs are incurred or annually f with interest on the unpaid balance at the rate provided in Article 5a(1) {l If paid annually, payment shall be made with the first annual payment on the Project investment cost becoming due after the data said major capital LJ replacement costs or sedimentation resurveys costs are incurred, c. Annual operation and maintenance costs, (1) The City will be required to pa 26 erc of E experienced operation and maintenance costs of specificnwaterrsupplyufacili.ties j at Aubrey Lake, in addition, the City shall pay 7,596 percent of the annual I experienced joint use operation and maintenance costs of Aubrey Lake until such time as the storage for future water supply is used, As the storage provided for future water supply demands is used the share of the annual experienced joint use operation and maintenance costs, which the City will be required to pay in addition to the operation and maintenance costs of the specific water supply facilities, will be increased commensurate with the percentage of the total water supply storage being used up to a total of 14,894 percent of such costs. The first payment for operation and maintenance costs of present use water supply in Aubrey Lake will be due and payable in advance within 30 days after the Contracting. officer notifies the City that. the Project is completed and operational for water supply purposes, will be for the period beginning on the date the project to operational for water supply purposes and ending on 30 September following, and will amount to the sum of 5 ~l,piA1Yd . 1 S .+'kbr i f ;{Y:S:Rpx the first payment, Ps, for specific water supply facilities costs and the first payment, 1) J) for joint use costs computed as shown In parts D and C, respectively, of section IV of Exhibit A. Annual payments thereafter, for each Government fiscal year ending 30 September, will be due and payable in advance on 2 January following the close of the prior fiscal year and will be the sum of payments Ps and Pj computed consecutively ns shown in parts and C, respectively, of section IV of ixhibit A. (2) When each and any portion of the future water supply storage is placed in use, the first payment of the additional amount of the joint use operation and maintenance costs required to be paid for such storage use will be due and payable in advance within 30 clays after first use of such storage, 30 Se tember followin and w"~l.l amount Will be for, the period beginning on the-date: of. said first use and ending-onhownin part D of section IVof Hxhi to the first paymcnt,,Pj,.computed,os sow Gin part fiscal g bit A. Annual payments thereafter, for year endin& 30 September,. j a.,ts,• , arnd yable ill ac P 96a pa dvance -on' 2 JaduaYYfollowing .the'closE `'of the ' ribs will be due and will'" amount to payments Pj computed consecutively as shown in part D of section,IV of, Exhibit A. d, CharB.es for delin went payments, If the City shall fall. to make an I of the aforesaid pyment8 when due then the overdue y payments shall bear d interest compounded annually at the rate provided in Article 5a(1) until paid,, 'The afiount' Charged*oil 'payments overdue for n p"eriod'of'1ess' than one year 'ahall ' be figured on a monthly basis, 1•'or example, if the payment is made within i the first month after being overdue (31 to 60 days after the anniversary date), one month's interest shall be charged. This provision shall not be construed as giving the City a choice of either making payments when due or paying II interest, nor shall It be construed as wniving any other rights of the Government, at law or in equity, which might result from any default by the City. ARTICLE 6, Construction cost adjustments, All construction cost dollar amounts in this contract, including those in the Exhibits, are tentative only based on the Government's best estimates. They will be adjusted upward of downward by the Contracting Officer when final construction costs become known, and the contract will be modified to reflect the adjustments. Within two years after the Project is completed and operational for water supply pur- poses, the Contracting Officer shall make a revised interim estimated determination of construction costs, including interest during construction and taking into account the actual costs to the extent they are then known, In like manner, further interim determinations shall be made at two year intervals until, all actual costs are known, at which time the Contracting Officer shall prepare a final cost determination, including intorost during construction On each occasion of an interim deter.minatian, or on final determination, the.annual payments thereafter due shall be changed so as' to provide for the payment of the balance due in equal payments during the remaining life of the repayment period; and a revised schedule, or schedules as necessary, of annual payments shall be furnished to the City, 6 ARTICLE 7, Duration of co_ntrnct, When approved by contract shall be effective by tl:e Secretary of Clio Army and shall conti.nuc in full force and effect for the life of Aubrey Lake and Lewisville Lake, Bath uAUI)YOY l fo Cake and the additional stor.,rge to he made available iri Lewisville Lake have been formulated on the basis of 100 years economic life, ARTICLE 8, Permanent rights to storege, Upon completion of payments by the City an provided in Article 5a herein, the City shall have a permanent J right, under the provisions of the Act of 16 October 1963 (Public Lars 88-1401 ' 43 U,S,O. 390e), to the use of the water supply storage spaces in Aubrey Lake 4 and Lewisville Lake as provided in Article 1, subject to the following: a. The City shall continue payment of its sharco as provided n Article,5c, of the atinual operation and, fiainteiia}icecosts al locptedito water „ y:,», .r'• ,+a supply' , f b. The City shall bear 26 percent of the costs allocated to (1) water .c,oup ly.,for Aubrey Lake and (2) the I y total storage space between elevations '1 f0 6t above mean sea level aind,522;0 1feet'above'tio6n sea level f6i Lewisville Lake of any necessary reconstruction, rehabilitation, or replace-.s 'meat bf• Aubrey Lake Or 'Lewisvilla Lake features which may be' required` to., continue satisfactory operation of Aubrey Lake or Lewisville Lake, Such costs will be established by the Contracting Officer, Repayment arrangements, Including schedules, will be in writing and will be made -a part of this J i :.contract. , c. Upon completion of payments by the City as provided herein, the Contracting officer shall redetermin9 thestorrageispaceifor,5a municipal and industrial water supply in Aubrey Lake, taking into account such equitable reallocation of lake storage capacities among the purposes I h served by Aubrey Lake as may be necessary due to sedimentation, Such findings, and the storage space allocated to municipal and industrial 'wator supply, shall be defined and described in an exhibit which will be made a part of this contract, Following the same principle, such reallocation of lake storage capacities may be further adjusted from time to time as the result of sedimentation resurvey9 to reflect actual rates of sedim,.:ntation and the exhibit revised to show the revised storage space allocated to ` municipal and industrial water supply, d. The permanent rights of the City under this contract shall be continued so long as the Government continues to operate Aubrey Lake and/or Lewisville Lake, In the event the Government no longer operates Aubrey Lake ( or Lewisville Lake, such rights may be continued subject to the execution of a separate contract, or supplemental agreement , providing fort i (1) Continued operation by the City of such part of the facility as is necessary for utilization of the water supply storage spaces allocated to it; (2) Terms which will `protect the public interest; and 3 7 ,j (3) Effective absolvement of the Covernment by the City from all liability in connection with such continued operation. ARTICU 9, Release of claims, The City shall hold and save the Government, including its officers, agents, and employees, harmless from liability of any nature or kind for or on account of any claim for damages which may b:. filed or asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or wi.thdrawnl or release of water from or transfer of water to or from Aubrey Lake or Lewisville Luke nude or ordered by the City, or as a result of the construction, operation, or maintenance of the features and appurtenances OWrted and operated by the City, provided, that this shall nor be construed as obligating the City to hold and save the Government harrtl,ess I from or tt:n damages officer so s, lioniagentl.s,ity roresul.empltoyi.nees a from and not Clio t sole negligence of. the Governinent f involving • on .the the Git or officers, agents, •,°f ..r,., ,.,"or employees,. ' 1, Y'Y ARTICLE 10, Assignment, The City shall not transfer or assign this ; co t•ra.ct o1 •ttny, rights acquired„hereunder nvr,sub»a ]4qt said ,water, sup lX k storage spaces or any part thereof., nor grant any interest, privilege, or lieenrie whatsoever in connection with this contract, without the approval of M the -Se'deetary of the Army,'•provid'cd, that'unl.'ess contrary to they public' interest, this restriction Ai-f1 not be construed to apply to ary water that f{ j may be obtained from the water supply storage spaces by the C'tl and E furnished to any third party or parties, nor any method of al)oeation thereof, 4 ARTICLE 11 . Officials not to benefit. No rember of or delegate to I Congress, or Resident Conmiissioner, shall be admitted to any share or part of this contract or to any benefit that may arise herefrom; but this f provision shall not be construed to extend to this contract if made with a corporation for Its general benefit, ARTICLE 12, Covenant aratnst contingent fees, The City warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the lity for the purposo of securing business. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or in its discretion to add to the contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, ARTICLE 13, Environmental quality, During any construction, operation, and maintenance by the City of any facilities, specific actions will be taken to control environmental pollution which could result from such activity and to corply with applicable Federal, State, and local laws and regio ations concerning environmental pollution. Particular attention should be given to (1) reduction of air pollution by control of burning, minimization of dust, ' containment of chemical vapors, and control of engine exhaust gases and smoke from temporary heaters; (2) reduction of water pollution by control of i 8 6su+ • 64XFpN sanitary facilities, storage of fuels and other contaminants, and control of turbidity and siltation from erosion; (3) minimization of noise levels; (4) onnite and offsite disposal of waste and spoil; and (5) prevention of landscape defacement and damage., ARTICLE 14. Federal and State laws, a. In acting under its rights and obligations hereunder, ttte City agrees to comply with all applicable Federal and State laws and regulations, including but not limited to the provisions of the Davis-Bacon Act " (40 U,S,C, 276a et seq.); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); and Title 29, Code of Federal Regulations, Part 3, ' b; The-City furnishes.as,part of.this contract an.assurance C (Exhibit (1) P .,...that it wt1] comply with Title. VI 'slid Dee fights Act of . artment ° 1$'64 `(78 Sta't 1241, 42 2000d et' seq.) 1 R of Deforise'., Directive 5500,11 issued pursuant thereto and published i1t 300 of xi 7 tle 320, Code.to£ Federal egulations n Par ARTICLE 13, Definitions, a, Joint use costs, The costs of features used for any two or more t Project' purposes, k I a.; b,.,,Pro. ect:.inyestment costs,.,.,. Tha..initint coat.: of the Project including: lan. s d acquisition; construction; interest during construction'on ofethe rrooeCtand, labor, and materials used for planning and construction C,, S ecific costs. The costs of Project features normally serving only one particular Project purpose, d, Intere' st duxinZ, construction, An amount of interest which accrues on expenditures for & establislunent of Project services during the period between the actual outlay and the time the Project is first made available to the City for water storage, f ARTICLE 16, Apyroval, This contract is subject to the written approval of the Secretary of the Army, and it shall not be binding until so approved. f i I I + 9 . '2F4{4'e F M1l -i lk~twlyrf g'et(k~^aA Y_:::,'G Vag S'9C91 Z ! IN WITNESS WIIER60F, the parties hereto have executed this contract as of the day and year first above written, APPROVED: ME UNITED STATES Or AMI'RICA i By- Joe. li, sheard Secretary of the Army Colonel, CE Contracting Officer Date _ ~ { f ` CITY OF DENTON, TEXAS BYTom D. Jester,Jr ! . l Mayor 1 Y, Brooka Holt, certify that I am the City Secretary of the City of Denton, I Denton County, Texas, named as City herein; that Tom D, Jester, Jr, who E Signed this contract on behalf of the City of Denton was then Mayor of the City of Denton, Texas, that said contract was duly signed for and on behalf of the City of Dentin, Texas by authority of its governing body and is » within the scope of its legal powers. IN WITNESS WREREOr, I have hereunto affixed my hand and the seal of said City of Denton, Texas this day of 1975, Brooks Holt - Secretary City of Denton, Texas CORPORATE SEAN i i t I 10 ~t IL; #tT t. i Contract No. DAC4163-76'-C-0000 AUMU,"y ANb L13tJISVTLI,?i LAI:L5 XHIBIT A I - T~ AKP -Mill Icl i Afire} Lake ' Croys,, . , Perc.epG , .1'erceiit o~ . geatutA ) storage of gro ss water supply {rer~~t msl (aCieyf Mevation cet) st~ra~e storage" Flood control. 632.5-640.5 ,,,Wate 265 0 0 24.892 r suppty below ;'5 7990'600 , (Clty of Dallas 7.5,10$., ) blow 632,5 (591,700) (74:0) (City Of,Denton)-... below 632,-5 `(207 9 (19.528). Total 26:0, 1,OG4,600 100 ( ) ; L„ewi.svill_e o s percent' i Elevation Percent ^of Feature storage of gross (leek msl water supply _(acre- ekora8e(2) stora a' I Flood control 522,0-532,0 Water supply 515.0-522,0 136,100 65 427 v (City of Dallas) 515,0-522,0 (111. 600 34,573 ~ 174.0 46 200) (25.584) (City of Denton) 515,0-522,b (46 200) (74,0) Totals (8,989)(26,0) 5131700(2) 1Q0,000 (1) 1985 condition, (2) Between elavations 515,0 and 532,0 feet mel, II -PROJECT Y.ST.iDiATgD CONSTRUCT ._-ION INVESTMENT TO DL ALLOCATED Federal construction cost Nonreimbursable costs (unallocable) (1) $152740 000 00 Project cost to be allocated 5840,000 Interest during construction on allocable cost 5146,903,000 Protect construction investment to be allocated 16 343 900 (2) $1-63 248 ;00 (1) Relocation of roads above replacement-in-kind standards, (2) Interest rate for flood control and Federal share of recreation - 3',25%, Interest rate for water supply and non-Federal share of recreation - A-1 ,Y+.K z_.I, 'f t Y h ' IZ- ALLOCATION ()p out IWV1iSTpff,N'f ~SCparabJn cs - rumiinin 8 bcnef1t Mothod)-- Water sup~IV hecrea~ Cif. 1, Specific facilities cost: _ _ Total`.~1 Aubrey bake $ 1450000 $211845,000 Lewisville Lake (145,000) (19 57S $ 21,990,000 J 2, Joint use facilities cost, (0) ,000) (].9,720,0(10) Aubrey Lake 090707,600 35,207'000) (21270,000) Lewisville Lake (86) 743.0 600) 0207'+OU 124,91.5,000 ~2 966 000 (3r~,0431i00) (120,785,000) Subtotals cost L ) 1100) j 3, Interest durin $ 89,852,600 ~130 I g $57,052,1100 $14050 OU00) r construction , G, 965 r 1 Aubrey Lake 12,6280400 (1) 3 715 500 Lewisville bake (1?.,211,100) (3'S 16,900 i 4 allocation (/x,17, 300) , 16, 500) (15:3472736 00) Total (199}OpO) "investment;" C Aubrey Lake , , ` '~61Gt3U0). I $lb2 481 d'Op 2 767' COQ' ,,,ti,1,ew~ sville . LakQ (99, 097, 700) (57,134 :900) 63)248, 900', , ,,(3y383,3001,, (156,232,600) + (3, 1 ,33,d.00 01,6 349,. (1} Interest rate Y for water supply ~ 5, ~.Inter for reimbursemant''far water su ,.y wiiG% (fiscal! yea 1976). est rate Pl]1 , fiscal year to sohich construction oftlebProeecasiOf the beginning c,f the i (2) investment scal Year cost to be repaid tr by s started, city of Dallas - 74/> = Lewisville Lako Audrey Lake Totals ii „Present water supply. $2,503,600 $73,332,300 ,900 Future water su (2,a03i60U)„ $-7, H35 City of Denton pply (0) • ••(37.,399;500),.-()9,903,.100) Present water-auppl 879,700 (y1) (35,932,800) Future y 25 765 ,400 26#645l water supply (8790700) (130114 0)400) -(140 ' 0U t Totals (_12,625,000 , 20,100) $3,383,300 ) 1,2,425.,000) -ALLOCATION OF $99,097,700 $102,481,000 f`~`-- F5TtAfATlppr!TON AND b4l7NTF;NANCF ANCF COSTS Aubrey rake A. Allocation of estimated total annual costs= Water sup----p-~Y; Rocreation 1, specific cost To_ _ tel`~ 2, Distribution of joint use $ 47j700 $435,000 cost (percent) $482,700 3, Allocated Joint use cost 57.283 42,717 4. Total allocation 81 800 61.000 100,000 129,500 1421800 To be paid b $496,000 v 500 Y the ciCy of Denton, 26% of spsciffe cost for water supply facilities Aubrey Lake ;joint use cost, $12,402 Present w/s (0,51 x 0.26 x 0,57283 x Future w/s (0,49 x 0,26 x 0,57283 x $142,800) 10'62) Total 10.4 2Z . $33 670 i A,-2 1 1 A, Determination of payments by the City of Denton for operation and maintenance costs of specific water supply facilities; S' Total experienced specific waiter supply facilities costs for the preceding Government fiscal year, R d 'total experienced specific water supply facilities costs for the next preceding Government fiscal year. Ps Payment to be made by Lhe City of Denton for specific water supply facilities costs, No, months in 1st period lnt payment, Pa a 0,26 x $47,700 x 12 - 1 2nd payment, P 0.26(S x 12 s No. months in 1st period * S) tat payment 3rd payment, r e 0,26(25 - A), where A a S x 12 s No, monLlis in 1aL payment ~ ~ , . , ; - , , . . ,from the 2nd Pp.y,nenC , ,.r. v a•:••: ,SubsP- uent 5 q l aymant, Ps 4 ; 26 (25 a;, R) , . • ,r. , ,....t , r.., ' Co Determination of a meal;s b the City of Dent Joint use operation. ' , ...;''.nrul'inaY,ntnna~tce' coaLsr a118cated t0 pLesF..ntusenwater..auppiy2. ,r•. r:.r i. J., •o.,To.tal• experienced joint use caste: for'=the preceding• Government f i'gcal' year, T a Total experienced joint use costs for the next preceding Government j fiscal year, 1 Pj, n Payment to be made by the City of Denton £or point uqe costs I allbca'ted' to' wat~ ' "iupply ,let payment, P~ W 0,07596 x $142,800 x No, months 12 lot period 2nd payment, P r 6,075960 x 12 + J) - let payment i No, months in ist period % 3rd payment, P 0,07596(21 - g), where 9 n J ~c 12 J No. months'in lst period from the 2nd payment Sulsequent payment, Pj b 0.07596(2J 1) D. Determination of payments by the City of Denton for additional amounts of joint use operation and maintenance costs allocated to future use water supply: J to Total experienced joint use coats for the preceding Government fiscal - year Z m Total experienced joint use costs for the next preceding Government fiscal year. Pj Payment: to be made by the City of Denton for joint use coots allocated to wa>ar, supply,. let payment, Percent of future w/s p storage placed in use x 0,07298 x 1 x No, months in let period j 100 12 A•-3 kl3tiE/1 ..~.F~.,+flflfl i 1 2nd payment, Percent of future w/s story alplaced in use No months in p~ a _ _ x 0,07248(1 x J t Oriod f7+ J) - 1st payment Percent of future sv/s Subsequent payments, P a stOrase placed in use j lOJ-- x 0.07298(17 x? NOM The computations above in part D are based on J in the first payment being the costs for a full Government fiscal year of ( Project operation, In the event the first us f supPly should be made a of love nmenr priar to completion of a full GovrnrneC I fiscal year of Project operation, make oue of Cho following r. adJustments: q , 11 (1) if the precediug Government fiscal year was a i partial year of 12 for 1 in computing the lst paY•lment o~ month YrojrcC in.operation°"~ be cou1puted as shown„ All remaining payments will (2) 1f first use of future water supply occurs ill the first year of Pro,jecG operation, use the estimate of $142,800 for J in com- ,1,.,., . :puting the-first p ynient,,.us.c j x 12 -r-- for J in computing the 2nd payment, use 12 J .rte from the 2nd ` No, months Project in operation payment for•l in computing the 3rd payment, A.11 remaining payments will be computed as shown, i { a A-4 gSYth>i .y ({Ejyj rrxu:,cr 7 y'j <<11~ <<tt '-:.Cry. su F V - ALLOCATION OI I4STINA I b ;IAJOk CAI'ITAI. It1sPLAC1:h11;N`IS O'VT AND SL'D711LN1'e1'11UD7 Rf SU1tVGYS C 0_Iµ5 As Mayor capita-- 1. r~i'1M ~c~ments costs= (1) A. broy Lake Water sup Recreation Total Specific cost 2, Distribution of joint use cost (percent) $1,10 $107,800 $108,900 3. Allocated ,)Dint use cost., 65.714 34,286 100,000 4•.. 3;atal..al}ocation 2,300 ,1;-200' 3 500. 3 $109,QOQ $l 20.0,. To be Paid 26%.,nf Lake Din city of Denton; Aubrey the Ci specific •coat fgr.water.su PP1Y faoilit.ies, Aubrey t use costs Present w/$ 0 51 x0,26 x 0,05714 x $3,5.00) <r: j I I}uEuro iiJs ''(p,49 X '0 1 I Total .26. x 0,65714 X'$'3$' •(2) 305 . 293 ' • % (1) 884 Estimates Of average annual charges are used for determinatio allocated. Percentnges' -All'eharges wi.11•be t of based: on the, indicated -per-, centnges of actual costs if and when they are incurred, •.••.r (2}.Additional amounts of Joint, use cost required to be paid as future water supply Storage is used will be computed as follows: Percent of future w/s storage placed in use 1.0~ x 0,49 x 0,17086 x actual ;Joint use cost 13, Sedimentation resurve s cost., -'t 1 Aubre Lake ; Sedimentation rosurveys costs allocated to water supply and to be the City of Denton are based on the percentage of the gross paid by Aubrey Lake represented by the storage right of the Cit storage in this Exhibit A, Y - see section I Present water supply a 0.51 x 19,528% = 9.959% Percent of future w/s Future water supply „ sto~r_a$e placed in use 100 x 9.569% A-5 pYf1.15~t AQN] !"i9i43'~ 1 VA M. v^ z~ CTTUTATIONS FOR ANNUAI. PAWII;NTS F _R I N793Ith;ST Present water. su I ° AND AMORTIZATION ' Amount to be amortized: Lewisville Lake $ 3,383,300 x 0.26 Aubrey Lake $99,097,700 x 0.26 x 0.51 $ 879,700 Total X140 400 fiased on 50 cual $l~f>020 lU0 at ed rate e 5 payments, 49 of which bear interest on the Of I .11.6 percent, the unpaid halance ,I kk ( A~P Wherat P annual payment +c A amount t to 'be repaid _ $14.020 100• •Y: i p•,~.nterest raEa c 5.1J.6% ' I { s c amortization coefficient for 49" utQ0-1100 p^ r years p 01004859195617 0011 ?~5905617 r:.... ,.:.',•,I /.a e:;. ✓y..}.. I 0 0511~f 0, 17.85102396P ~ $14;020,100 P 18.65102390P $1400200100 )1~ •I.. „ ..p x$7431731,48 , . i { f F A..6 I iJl s! bi?glaY M AUBI1 nY ArrU Lr"rT;;VILi'1; k,/~ 1 , Contrttot 110, DACWO3•-76.-C-0000 1~:X~ IJIt~I~p~; ' YA_ Y19!':11'P :iC11F:UUf,i; Yrt. PA YG1,\l lU t')7r):.)\j' iu IV U. I,V I fa;t 5'1' , i u r nl.\Ule~'1! PA r)?r.,bl 11 ',.~t:t. 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Gt)'/3l4.op t} 1363SG, %43Y31.if GOJ,i);~ 6 743'/31.4(; (1135/)J.i s < IejJ 3s'•b6 20 593066.02 1SJ665,1,6 /437;11.4o / 1ISJ.~~//•.s! 56535'1.') 1 S (13 ls731.rri: I1r,41"111 i 3 I 1l 1' 5771?S5.5 4 743131 . q<f 1 I ?2 A'6'ti'r,'l;i,ts~ 3:33i,.,t5 5GLc135.6 c 1'/ if ) Jr r r; 14.37:31•/+cs 1111.Grtk. z3 559786. .oU /4 31 t 4 l 5 50 b;iv45. 43 1 ! 1 t ,v, 4 215 3 7 5,4') i93356.0f5 743731,.4t} 10'/5,l924.~r3 540483..3! `t3')31 .4µ 105Cirrli=., 3:1 .5 2G ~,.3JuB5.1 i r)3.rrFs.17 7.3'7;31.r;tt .3/ d13G4G.3S 1036131 v.\ S1~)154.•)L< ~,~r 111 11t) lulrtit;"/;l.',a s 2t3 15/ii4 8~) 2 t) 507 % 4 1 %"3 1 665'23[iJG5.03 99),3 7 , j ; It`)!)6~ S 2 !43'/31. c, c 30 4i l 42. )r, Jr,lt'1:}.31 .;3.) 481t N3.'s3 ?6, /4,1'731 ./t.; P <+;;c.art i 3k 4GcJ54c).f)6 27'11 )f5Jl. Jr 743731 4n 32 o2.c,2 91 lo') ).;sy 455521.2: Pf3,y80 sSy 743%;31 4'' c.)0.3r;t;y~J,7 33 4/4077'/.Un '/rs.37;tl~rt. i 34 JJ29be, ,gU '-61 ! br..,it< 4252/7. q4 7 43'01 .4.~ ts3l a y,, 35 40L'914 5.ry5 dk8453.54 t43'/31.q,; 1.6?t 36 334745663 /9 94 to;.5i).4rf 31 91 t3GU.27 3bl b'jj ,gl /43 /3l . rtr. Y6bgb'Jtt..•, j 31365o~5'4 iGvF.''/~ .q5 743'/.S7 sr,• I3U7C;.C.,) 3 :i 3t3 3549,3 t.3 3b1i1~S , GS Yrt31314v. C' v 3 l"r C ) .39 33504505 400b6.irj Y43731+`4 6~•r,5)4S,-j,J 40 3111136•ti5 74:1I31.4e i 41 4'r,15Nt,03 h14 42 )27t<. sy a921br3.55 51b7',: 9J Lik,rrc u/lUe i,/4 8G90b6.11 '743731. ctts 43 4746 /yl y/ d4 4Y I C 74:3Y31,4c, lrtr711Q.~,ei 44 )Lt~S`).'7! I/K44.iJ,rf/ 219$44.y4 58esr '/43731 4c A5 ly241 .21 tUG.Sr, 743'/31'4cs 3!)'~r 46 164206.71 SS131~).g/ 0;3731 G Ors 47 5795P4,7', 0966 f 134g58, 2 Y43731 . 48 6Jv193.26 2G3J14 3 S.1 48 103;3t12.~)e 743731 49 640336.96 70633.2U 'I e13 0 1.46 '73J)a .2b I360r,+33. 5U 36191 4y 6 743731.45 3 1 70 7b,35, J3 7)'/5;35. J3 7cr3'/;ir.S2 B-1 J.,'j J j , e:4N9 P 1Vt t!' l , , f Contract No. DACI•163-76-C•-0000 AU1_1 E_ AND Lf:YTI L] ,LX LAKES EXHIBIT C ASSVRANCIi OF COD4'L711NC1; WITH Tlig DEPARTMENT OF DEFENSE DIREC1'lUNAER TITLE VI OF THE CIVIL, RIGHTS ACT OF 1964 The City of DenY.on, Denton County, Texas (hereinafter called "Applicant- Recipient"') llE1ZEBY ACR'IES TIVT it will comply with., title. VI of the Civil. . f I Rights Act of 1964 (Public Lacy 88••352) and all .equirements imposed b or pursuant to the Directive of the Department of Defense (32 CFR'Part'300, issued as Department of Defense Directive 5500,11, December 28, 1964) ~I issued, pursuant to th.1t tit7.c, to.the.end that in.anccorda,n e With title,.,V1; of that 'Lst'and tha'Directive, no person in the United States shall, on 1 t,. „ the 'ground of race, color, or national origin he excluded from participations in be denied 'the henefits''of 'or _be''otherwise'su6,jected to discrimination j under, any program or activity for which the Applicant-Recipient receives Federal financial assistance from the U, S. Army Corps of Engineers and I HERE3Y GIVES ASSURAIM THAT it will immediately take any measures necessary t4 e,QEec tiia,te Chis.agroament i If any real property or structure thereon is aid of Federal financial aasistance' extended totheApplieant-Recipienteby o i I 3± the U. S. Army Corps of Engineers, assurance shall obligate the Applicant- Recipient, or in the case of any transfer of such property, any transferee, ji for the period during which the real property or structure is used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or possession of the property, In all other cases, this assurance shall obligate the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the U. S, Army Corps of Engineers, THIS ASSURANCE is given in consideration of and for the purpose of obtaining any anti all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the data hereof to the Applicant'-Recipient by the Department, including installment payments after such 'date on account of arrangements for Federal financial assistance which were 'approved before such date, The Applicant-Recipient recognizes and agrees that such Federal assistance will be extended in raliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek C-1 rd.-e;•. Y Ovate e y judicial enforcement of. this mg.suranceo Tills r• Applicant-Recipient, its succeasnr.s, transfere assurance on the a,signeos; an(, t parson or persona whose signaturrs appear below are authorized this assurance on behalf of the Applicant-Recipient, to sign THE CITY Or DEsNTON, TEXAS Dated ~LL S Tom DW ; Jester, Jr; Mayor I . .1:• i t' Y,: 1'.. 1 •a I' , 1 1 • r ♦ . , , 1 1 n • 1 1 s. i a., r I.. f.'' .1 it j: • Y.. '.t , I Brooks- Secretary City o ~ f Denton,.;Toxas , i , r i C-2 j 1 'bA~NIWa~,t7 ly'pITYG '..,~.,y yi1 1 Contrnet No, UACI163-76-C-0000 i AUBRh'Y AND L_ LEWISVILAKES F EXHIBIT D , I ~ OPINION Or COUNSEL I have reviewed and approved contract number nACI463-76-C-0000 between the United States of America and the City of Aentoii, 'Pexas, Particularly I have considered the eff .1 k' act of Section 221 of Pubiic,Taw.91 611 (42 U.$,a. 1962d-5b) and am of the opinion that ~Q the r I. the City of Denton, Texas equisite legal authority to enter into and uql .1 comply with this agr'e'eroene as required by''the'afarementionbd 'sktaEute, ' Dated, I { Paul' sham City Attorney i f City of Denton, Texas I r j j i D-1 I LXXFQW1 l{NJpi~ via^hY'r:;t DRAFT Contract No, DACW63-76--C-0000 , NOV A i9(TONTRAC'P MWEEN Till' UNITED STATE'S OF AMERICA AND THE CITY OF DALLAS, TtsxAS FOR WATFR STORAG2, SPACES 11N AUBREY AND LEWISVLLLE LAKES, TEXAS THIS CONTRACT) entered into this day of 1971, b and ? between the United States of, America (hereinafter called the Governnment), represented by the Contracting Officer executing this contract, and the City of Dallas, Dallas County, Texas (hereinafter called the City), WITNESSETii THAT., i ~ Wf1EREAS, the kivar and Harbor Act of 1965 (Public Law 89298, 79 Shit, 1091) authorized the construction; operation, and maintenance of Aubrey Lake including modification of Carza-Little Elm Reservoir, since renamed Lewisville 4 Lake,. (hereinafter called the Project) or, the Elm Fork of the Trinity River in 4 the State of Texas; and 4 WHEREAS, in accordnnce with the authorized modification, Lewisville Lake (located immediately downstream from the Aubrey Dam) will be modified to permit the transfer of flood control storage from Lewisville Lake to Aubrey Lake for an equivalent amount of water supply storage in Lewisville Lake for 4 f municipal and industrial uses, and i " WHEREAS, the City desires to contract with the Government for the use of storage included in Aubrey Lake and the additional storage to be made available in Lewisville Lake for municipal and industrial water supply and for payment of the cost thereof in accordance with the provisions of the Slater t Supply Act of 1958, as amended (43 U.S.C. 390b); and WHEREAS, the City is empowered so to contract with the Government and ~a vested with all the necessary powers for accomplishment of the purposes of this contract, including those required b 22 Y Section 1 of the Flood o C t i. Act of 1970 (42 U,S,C, 1962d-5b); n rol NOW, THEREFORE, the Government and the City agree as follows: ARTICLE 1. Water storage space, a, Pro ect construction, The Government, subject to the directions of Federal law and any limitations imposed thereby, shall design and construct the Project so as to include in Aubrey Lake space for the storage of water by the City and space for the storage of floodwaters which will permit the reallocation of flood control storage in Lewisville Lake to municipal and industrial water supply storage, a portion of which will also be utilized by the City• b. Rights of the City, (1) The City shall have the right to utilize (a) an undivided 74,0 percent (estimated to contain 591,700 acre-feet gross storage, including storage for sediment deposits) of the total storage space in Aubrey Lake below 'l r j 4ryvAY?'A" Id ~99? ~H q elevation 632,5 feet above mean sca level, which total, storage space is estimated to contain ?99,600 acre-feet gross storage, including, storage for sediment deposits, and (b) an undivided 74,0 percent (estimat(d to contain 131,400 acre-fret gross storage, including storage for sediment deposits) of the total storage space in Lewisville Lake between elevations 515.0 feet above mean sea level, and 522.0 feet above mean sea level, which total. storage space is estimated to contain 177,600 acre-feet gross storage, including storage for sediment deposits, The storage t;paca in Lewisville Lake is to be used to impound water for present demand or, need for municipal and industrial water supply; and the storage space in Aubrey Lake is to be used to impound water for present and anticipated future demands or needs for municipal and industrial \ water supply, In Aubrey Lake, 51 percent (an estimated 301,800 acre-feet) of 1 the space which the City has a right to utilize is for present use water storage and 49 percent (an.ostimated 289,900 acre-feet) is for future use water storage, (2) The City shall have the right to withdraw or transfer water from or transfer water, into either or both of the two lakes, or to order releases to bg'niade bq lhe'Govornrnent throbgh the'outlet"works the denis,'su2ijeet ro rEie''x ' j provisions of Article lc and to the extent the aforesaid storage spaces will provide, and shall have the right to construct all such works, plants, pipelines, and appliances as may be necessary and convenient for the purpose of transfers or withdrawals, subject to the approval of the Contracting Officer as to { design and location. The grant of easements for right-of-way across, in, and upon land of the Government at Aubrey Lake and at Lewisville Lake shall be by f separate instrument in a form satisfactory to the Secretary of the Arm f without additional cost to the City, under the authority of and in accordance ( with the provisions of 10 U,S,C, 2669, Subject to the conditions of v>:ch easements, the City shaIJ have 'the right to use so much of Aubrey Lake and 1 fj Lewisville Lake lands as may reasonably be required in the exercise of the rights and privileges herein granted, I , o ~hts reserved, The Government reserves the right to lower the water in Aubrey Lake to elevation 632,5 feet above mean sea level. and to lower the water in Lewisville Lake to r~levation 522,0 feet above mean sea level luring such periods of time as is deemed necessary, in its role discretion, for flood control purposes, The Government further re t to take serves the right such measures as may be necessary in the operation of Aubrey Lake and Lewisville Lake to preserve life or property, d. Quality or availability of water, The City recognizes that this contract provides storage spaces for raw water only, The Government makes no representations with respect to the.quality or availability of water and assumes no responsibility therefor or for the treatment of water. ARTICLE 2, Regulation of and right to use of water, The rep,ulation of the use of water withdrawn or released from or trausZerred to or from the aforesaid storage spaces shall' be the sole responsibility of the City.- The City has the full responsibility to acquire in accordance with State laws and regulations, and if necessary to establish or defend, any and all water ` rights needed for utilization of the storages provided under this contract, The Government shall not be responsible for withdrawals, transfers, or M r7 rAb ~'m:v ai diversions by others, nor wi.l,l it become n party to any controversies involving the use of the storage spacos by the City except as such contra versies may affect i.he operations of the Government, ARTICLE 3. Operation and m7lntenaice, The Government shall operate and maintain Aubrey Lake and Lewisville Lake, and the City shall pay to the Government a share of the costs of such operation and nkaintenince ass provided in Article 5. The City shall be. -esponsi.ble for operation and maintenance or all installations and facilities `rich it may construct: for the transfer into or out of or withdrawal of water from either or both, of the two lakes and shall bear all costs of construction, operation, and maintenance of such installations and facilities, j ARTICLE 4, Measurement of withdrawals and releases, The City agrees to furnish and install wielio'ut cost, to t:he Govrriunent, suitablo meters or measuring devices satisfactory to ,the Contracting Officer for the measuremant. ter which is transferred into Aubrey lake or Lewisville Lake or i of wa s with- drawn or transferred fenm'Aubre lake or Lewisville fake b an means other than through Aubrey Lake or Lewisville Lake outlet works. The City shall ? furnish,. to the. Government w.nthl.y, statcmentd of all such wit ltdrawals or; trans ferreleases from the water suppl y storage spaces through AubreyLake 'or Lewisville Lake outlet works shall be made in accordance with written schedules furnished by the City and approved by the Contracting officer and shall be sub- ject to Article le, The measure of all such releases shall be by means of a rating curve of the outlet works or by such other suitable means as may be j agreed upon prior to use of the water supply storage space or spaces, ! i ARTICLE 5, Payments. In consideration of the right to utiliza the aforesaid storage spaces in Aubrey Lake and Lewisville Lake for municipal and f industrial water supply purposes, the City shall pay the following 'sums to € the Governments a, Project investment costs. (1) The City shall repay to the Government, at the times and with interest on the unpaid balance as hereinafter specified, the amounts stated below which, as shown in Exhibit A of this contract, constitute, the entire estimated amount of the construction costs, including interest du,:::ng con- struction, allocated to the water storage rights acquired by the City under this contract, The interest rate to be used for purposes of computing interest during construction and interest on the unpaid balance will be determined by the Secretary of the Treasury as of the beginning of the Government fiscal year in which construction of the Project is initiated or. the basis set forth in the Water Supply Act of 1958, as emended, Such interest rate at the time of negotiation of this contract (Government fiscal year 1976) is 5,116 percent, The City shall repays 74 percent of the construction cost of specific water supply facilities, estimated at $ 107$00 53,143 percent of the total Project joint use construction cost, estimated at 66,383,600 Interest during construction, estimated at 9,345,000 Total estimated amount of Project investment cost allocated to 74 percent of the water supply $751835,900 3 l~ (7 I The Project investment cost allocated to the storage ;;pnees indicated in Article lb(1) as being provided for presort demand Is currently estimated at $34,903,100 on the basis of the costs presented in Exhibit A of this contract, Thc, amount of. the Project investment cost allocated to Cho storages for present demand shall bo paid in 50 consecutive annual payments, i the first of which shall be due and payable within 30 days after the City is notified by the Contracting officer that the Project is completed and operational for water supply purposes, Annual pa)mients thereafter will be due and payable on the anniversary date of said notification by the Contracting Officer, Except for the first payment, which will be applied solely to the retirement of principal, all payments shall include accrued interest on the unpaid balance at the rate 'provided above. The last annual , payment shall be adjusted upward or downward when due to assure repayment of all of.the investment cost allocated to the storages for present demand within I 50 years. ° . the, s.tora,geTtapaee,, that s,plrovidedtIn.Aubrey. J,al.odfor fnturemusei~tis~ currently estimated at $35,93?,800 on the basis of the costs presented in Exhibit A. No principal or interest payment with respect to this storage for, future water supply is required to be made during the first 10 years following the date the Project is operational for water supply purposes unless all or a portion of such storage is used for purposes of withdrawal of water from or transfer of water into or from Aubrey Lake during this period. The amount to be paid for any, portion of_such.storage which is used shall,ba:detcrmined.by multiplyinv,•,.. the percentage of the total storage for future water supply which Is placed in I use by the total amount of the Project investment cost allocated to future water supply. Interest at the rate provided above will be charged on tha amount of t the Project investment cost allocated to the storage for future water supply which is not being used from the tenth (1,0th) year following the date the 1 Project is operational for water supply purposes until the time when such storage is first used, The City may at its option pay the interest as it becomes due or allow the interest to accumulate until the storage is used, If this latter option is exercised, the interest will be compounded annually and added to the principal amount, Mien any portion of the storage for future water ;.apply is used, payment in bot. principal and accrued interest for the portion used must be started; and the amount of the Project investment cost allocated thereto shall be paid within the life of the Project in not to exceed 50 consecutive annual payments beginning` within 30 days after the date of first use of such portion. Annual payments Hereafter for the said portion will be due and payable on the anniversary date of first use, For any portion, except for the first payment which will be. applied solely to the retirement of principal (including accrued interest), all payments shall include interest on the unpaid balance at the rate provided above, The last annual payment for any portion shall be adjusted upward or downward when due to assure repayment of all of the investment cost allocated to the storage within the repayment period, (4) An estimated schedule of 'annual payments for the storages provided for present demand 15 attached as hxhibit B of this contract. The annual payments as provided th-rein shall be made until an interim estimated 4 ~teY,"i4?41 fti a.:jl.{1~yyr5 r determination of cost or a final deter;;;i;kation of cost is made as provided in Article 6, Payment schedules for the storage provided for future water supply demands will be furnished by the Contracting Officer when use of such storage is started, end if based on estimated costs will be subject to revision, as provided in Article 6, until actual costs are known, (5) The City shall have the right at any time it no elects to prepay the indebtedness under this Article 5a, in whole or in part, with accrued interest thereon to the date of such prepayment, 1 b. Maor.__cital replacement costs aud_sedimentation resurveys costs, The. City will be regiiircd Co pay 74 percenC o£ the cost' for nny ainjor capital replacement of specific water supply facilities at Aubrey Lake, In addition, the city shall pay to tkne Government 24 ,fl 04 percent of the costs of joint use major capital replacement items at Aubrey Lake until such time ns the storage far,,£uture water,supply,.is used,.,,As, the ertorage prov,tded for future water supply demands is used, the share of the joint use major capital replacement items costs, which the City will be required to, pay in addition to the major capitaL• raplacement costs of the •spocific'watev supply facilrti'es 'tw'ill 6'e' Increased commensurate with the percentage of the water, supply storage bein used up to a total of, 48.628 g ~ . Percent of such costs. ,The City will also be required to pay 28,346 percent of the costs of sedimentation resurveys at Aubrey Lake until such time as the storage for future water supply is used, As the storage provided for future water supply demands is used, the share of j the sedimentation resurveys costs which the. City will be required to pay will be-increased commensurate with the percentiige of tha water supply storage' being used up to a total of 55,580 percent of such costs. Payment shall be j „ made either in lump sum on demand at the time such costs are incurred or 3 annually with interest on the unpaid balance at tine rate provided in Article 5o(1), if paid annually, payment shall be made with the first annual payment on the Project investment cost becoming due after the date said major capital replacement costs or sedimentation resurveys costs are incurred. c. Annual operation and maintenance costa, (1) The City will be required to pay 74 percent of the a,^nual experienced operation and maintenance costs of specific water supply facilities at Aubrey Lake. In addition, the City shall pay 21,618 percent of the annual experienced joint use operation and maintenance costs of Aubrey Lake until such time as the storage for future water supply is used, As the storage provided for future water supply demands is used, the share of the annual experienced joint use operation and maintenance costs, which the City will be required to pay in addition to the operntion and maintenance costs of tine specific water supply facilities, will be increased commensurate with the percentage of the total water supply storage being used up to a total of 42.389 percent of such costs. The first payment for operation and maintenance i costs u£ present use water supply in Aubrey Lake will be due and payable in advance within. 30 days after the Contracting Officer notifies the City that the Project is completed and operationat for water supply purposes, will be for the period beginning on the date the Project is operational for water supply purposes and ending on 30 September following, and will amount to the S ptiw'a.~ }Af$1t! 1.-: rr';tr, 1 1 uutn of the first payment, Ps, for specific water supply facilities costs and the first payment, Pj, for ,joint use costs computed as shown in Co re8pcctl,ve7,y, of section 1V of xitibit A. Parts li and for each Government fiscal year ending Annual. payments ue andita be due and payable in advance on 2 January following tile~cl.30 osecofcClo for fisl year and will be the sum of payments Ps and P' computed conspcutivelycas allow,, in Parts B and Co respectively, of section IV of Exhibit A, (2) 10ion each and an portion in use, the first Pa}mtentofthe additionatlu miounteofs~~t,nly storage is operation and maintenanca be due and costs required to be joint use payable in advance within 30 days after dfifor rst 5use of Buell use age, ge, will be for'the period beginning on the date of ,laid first use o and uch ending ra oil > 30' September,foll.owing; and will amount 'to t4d'first payment, P as shown in part p of section IV of Exhibit A, Annual ~ computed ' ~•,,,.,..fpx ('sell 9oveCnment fiscal:. year .ending ..30 September.: payments thereafter, and pa-,, in advance on 2 January following the close of the prior lfiscal eyear andawill . amount to payments P computed consecutively as shown in part ll of secLloll-ly of Exhibit A. i t d. Charges for delincuent Pa mcnts. If the City shall fail to make any j of tho aforesaid payments when duo, then the overdue a II i►tteres.t compounded annually at' the rate provided in ArticleS5a(i)luntil f The amount charged on paid sha11 be figured on a moChlysbae{yduePorrcpelaodiFft}1essAthan one year n i within the first month after being overdue ( to P ~ payment is made date), one month's interest shall be charged31 This0 days after the anniversary ision shall not h construed as giving the City a choice of either makiprov payments paying interest, nor shall it be construed as waivinggany other riehtsuofothe Government, at law or in equity, which might result from any default by the City. all e. Assurance of funds for contract payments, The city warrants that Payments contracted hereunder sha11 be secured b a Pledge of revenues of the City's combined Waterworks and Sanitary Sewer Systemrplus remaining after payment of all expenses of operating and maintaining such system and after providing for payment of all debt service, reserve, or other requirements in connection with the City's Waterworks and Sanitary Sewer System Revenue Bonds now outstanding or those hereafter issued on the same basis or on such other basis as may be approved by the Contracting Officer, provided, that in the event such surplus revenues are not available to meet the payments contracted hereunder, the City shall either issue additional Waterworks and Sanitary Sewer System Bonds or it shall fix and collect such rates ;;nd charges for services of sa',d combined system as will make possible the prompt payment of all the aforementioned requirements Inaludin payments hereunder, Payments made by the City as Project investment cost and as major capital replacement costs and sedim be regarded as capital expenditures, entation resurvey costs shall 6 11iRi/ f! ARTICLE 6, Construction cost addjjustments, All construction cost dollar amounts fn this contract, inciudi.ng those in the Exhibits, arc tentative only based on the Goveriwient's best estimates, They will be adjustcd upward or downward by the Contracting; Officer when final construction costs become known, and the contract will be modified to reflect the adjustmenLS, Within two years after the Project is completed and operatlonal for water supply purposes, the Contracting Officer shall make a revised interim estimated determination of construction costs, including interest during construction and taking into account the actual costs to the extent they are then known, in like manner, further Interim determinations shall be made at two year intervals until all actual. costs are known, at which time the Contracting Officer shall prepare a final cot de s termination, including interest during construction. On each occasion of an interim determination, or on final determination, the annual 4 payments thereafter due shall be changed so as to provide for the payment of thc,balance. due in-equal. payments during the remaining life .of-the repayment period; and a revised schedule, or schedules as necessary, of annual payments shall be furnished to the City. . , r t: ,lp y•.. 'P, 'n..'. q.,, r, y,.~.~ •.y..t'4 ✓IK...,, t q, ` •i ARTICLE 7, Duration of contract, This contract shall be effective j I when appzoved by tee Secretary of. the Army and shall.continue in full force f li and effect for the life of Aubrey Lake and Lewisville Lake, Both Aubrey Take f and the additional storage to be made available in Lewisville Lake have been formulated on the basis of 100 years economic life. ARTICLE 8, Permaneat rlghts to story£e, ' Upon Pc omPlotion of 'payments- by ~ E the City as procided 1n Article SA her.ein, the City. shall have a permanent right, under the provisions of the Act of 16 October 1963 (Public Law 88-140 43 U,s,C. 390e), to the use of the water supply storage spaces in Aubrey Lake !f and Lewisville Lake as provided in Article 1, subject to the following., ti a, The City shall continue payment of its sharei as provided in Article 5c, of the annual operation and maintenance costs allocated to water supply b, The City shall bear 74 percent of the costs allocated to (1) water supply for Aubrey Lake and (2) the total storage space between elevations 515,0 feet above mean sea level and 5224 feet above mean sea level for Lewisville Lake of any necessary reconstruction, rehabilitation, or replace- ment of Aubrey Lake or Lewisville Lake features which may be required to continue satisfactory operation of Aubrey Lake or Lewisville Lake, Such costs will be established by the Contracting Officer, Repayment arrangements, including schedules, will be in writing and will be made a part of this Contrac t:,' c. Upon completion of payments by the City as provided in Article 5a herein, the Contracting Officer shall redetermine the storage space for municipal and industrial water supply in Aubrey Lake, taking into account such equitable reallocation of lake storage capacities among the purposes served by Aubrey Lake as may be necessary due to sedimentation, Such 7 vwm MAW"A e f findings, and the storage splice allocated to municipal. and industrial wa t or supply, sl a", be definer; and describedsa inmean exhibit tohich will be n4icle a part of this contract, lrollowtitg the Lake storage capacities may be further adjustedCfr~om,timel~toetimecasithco result of sedimentation resurvoys to reflect actual. rates of sedimentation and the exhibit revised to show the revised storage space allocated to municipal and industrial water supply, 1 d. The permanent rights of the City under this contract shall be continued so long as the 1 and/or Letaisville Labe, In the event 11the~Government no longereoperatesiAubreyLake or Lewinville bake, such rights may be continued subject to the execution of l I a separate contract, or supplemental agreement • , providing fort (1). Conti; ued operation b h y part as is necessary for utilization of thewater.supplycstorage loa tha'.aa liY t t i to it; . paces a13.oeated . , , ..,i ,...,..v. 1:..Y. jam... J. (2) Terms which will protect the public interest; and Z3) hffec'tivo absolve' I meat of the Covernment' by 'the City from'all liability in connection with such continued operation, f ARTICLE 9, Release of claims, The City shall hold and save the Government, including its ofCic re s, agents,' and employees,,liarmless from liability of any nature or kind for or on account of any claim for damages which way be filed or a ' sserted as a result of the storages in Aubrey Lake and/or . t,ewisville'Lake, or withdrawal or release of water from or transfer of water to f or from Aubrey Lake or Lewisville Lake made or ordered by the City, or as a result of the construction, operation, or maintenance of the features and appurtenances owned and operated b the City, construed as obligating the City to hold andsavevthedCoverwiiontsharhmlessot be from damages or liability resulting fro Or its officers, agents, or employees n the solo negligence of the Government i of the City or Its officers, agents, oremployinvolving negllgeace on the part es. ARTICLE 10. nment meat y shall contract or any riAsai , The Cit not transfer or assign this ghts acquired hereunder, nor sub-allot said water supply storage spaces or any part thereof, nor grant any interest license whatsoever in connection with this contract, withoutptheiappro o val of the Secretary of the Army, provided, that unless contrary to the public interest, this restriction shall no't be construed to apply to any water that may be obtained from the water supply storage spaces by the City and furnished to any third party or parties, nor any method of allocation thereof., ARTICLE 11, Officials not to benefit, No member of or delegate to Congress, or Resident Commissioner, shale be admitted to an shar of this contract or to an bent y e or, art y fit p t that may provision shall not be construed to extend torthishcontract iftmadeswith n corporation for its general benefit, 8 J i ARTICT,r see Covenant a,ainst contin cnt Eees, The CiCY soar:ranes that no person a selling up ~ , ract upoesn agicyrIIns emebeen nt or cmp undoey'reds'taorndreing tai for retained a to coimson(sslicit-ion, or pcsecrcuare ntage, this couL brokerage, or contingent fee excepting-; hona fide anrployces or bona fide astablished commercial. or selll.ug ageiic.ies waintained by the City for the purpose of securing business. For breach or v,lolation of. this warranty, the Government shill], have the right to annul this contract without liability or in its discretion to add to the contract price or ConSiderastion or oti,orwise recover the full amount of such commission, percentage, brokerage, or contingent fee, ~ ARTICLE 13. F.nvironmantaJ. ual.it During and maintenance by the Ci.Cy oCay far .f lis,spestificnactiono will pbeataon, to control environmental pollution which could r.esull from ruch activity anddn ' ` A, 1 t6 malply .with' applicable FederalState, and lo'ca1, i'caus and 'regulation-s' concerning environmental , ption by particular attention .should be given to (l) reduction of air pollution y!cgntrol pf burnin eodtainment of 'eliernical vapors, and control of en g~ine lUinimization.of d.ust,, , smoke from temporary heaters; ? reduction y~ter ollutie $byc and ; ontrol of sanitary facilities, storage offuels'andottrezconlatnLnints~ and 'control of turbidity and siltation from erosion; (3) mi.nimizatiors tlf noise levels; onsite and offsite disposal of waste and spoil; and (5) prevention of landscape defacement and damage, ARTICLR '14. Federal and State i. lawa, F agrees, rn to acting under its rights and obligations horei,nder, the City with all applicable Federal and State laws and regsrtations, including but not limited to the provisions of the Davis.-Bacon Act (40 U.S.C, 276a et seq.); the Contract Work Hours and Saf•aty Standards Act (40 U,S,C, 327-333); acid Title 29, Code of Federal Rogulaliens, Part 3, Li i b The City furnishes as part of this contract an az:sur.ance (Exhibit C) that it will, comply with Title Vr of the Civil, Rights Act: of 1964 ('8 Stat, 241, 42 U.S.C. 2000d et seq.) and Department of Def6ase Directive 5500,11 issued pursuant thereto and published in Part 300 of Title 320 Code of Federal-Regulations. ARTICLE 151 Definitions ~a. Joint use costs. The costa of features used for day two or acre 7`rojea pJoint u 1 b, Protect investment costs, The initial cost of the Project, including= lance acquisition; constr.uetion; interest during; construction on the value of land, labor, and materiels used for planning and construction of the Project, C, S aei.fic costs, The costs of Project features normally serving only one particular Projec purpose, • 9 1Bryi t 8s i E } 1 f d, Interest durin8 _constru0,tien. An amount of interest which nccruea on expenditures for the astabl.ishmment of Project services during the period between the actual outlay and the time the Project is first wide available to the City for water storage, ARTICLE 16, ~Pprovttl, This contract is subject to the written approval of tho Secretary of thG Army, and it shall not be binding until so approved, ~V ll r' • r. i I j J 1 i lp in MiIiiiii i IN q sYASYd{1 f w ; j IN WITNESS WIIFsRSOF, the parties hereto have executed this contract as of the day and year first above written, APPROM I THE UNITED STATES OF AMERICA I I Joa H. Sheard Secretary of the Army Colonel, Cr Contracting Officer r I Date , ! 1 • II. ~^..r"~~'v..^'T~'.: '/I .~..I 1 .4" I lA./~ 1 . I 1. 1 r...Cl •x',QF,DALLAS, TAXAS. ~ ..~It; 'ri r,. ~...i ,..~ey.•.t .rL. a.' i,. t. /,.'Lri n.t..'. I BY George R, Schrader City Manager . . , I; Harold G,'Shank, certify that I am the City Secretary of the City of j Dallas, Dallas County, Texas, named as City herein; that George R, Schrader who signed this contract on behalf of the City of Dallas was then City Manager of the City of Dallas, Texas; that said contract was duly signed for and on behalf of the City of Dallas, Texas by authority of its governing body and is within the scope of its legal powers. IN WITNESS WHEREOF, I have, hereunto affixed' my hand and the seal of said City of Dal:as, Texas this day of 1975, { Harold G. Shank Secretary ` City of Dallas, Texas 1 I CORPORATE SEAT. ' r 11 t r IFY4n.,y~yyssii fVYJ r))'jjL!1 T lV:`:N 1 Contract No. DACR63-76-C-0000 AUAREY AND LL4IISVIi.Lli LAKES FUIBZT A i - LAKE STojgA I;S i Aub,T• re r~Lake ' Cross Percent Feature Elevation storage Percent supply feet insl of gross water supply i .,.-,.~.acre-feet storng© ' Flood control sto_ ge Water su 1 632,5-640,5 265,000 24,892 Pp Y below 632,5 799,b00 75.108 (bity of Uallas)r below 632,5 (591,700). ?OO.br., (city of Denton) below 632,5 (207 (55,580) (74.Q) 6o0 900) (1_ 9.528) (26.0) Totals i _ ;.0b4, 1900 100,0'00 Lewisville Lake Elevation Grose, Percent Peroent, of t Feature storage (1) Of gross wetter supply feet~ ms1 stoate(2 u (acre..feet story o Flood control 522,0-532,0 I Water supply 515.0-522.0 x36,100 65,427 (City of riallas) 515.0,522 .0 177,600 34.573 100,0 I (City of Denton) 515.0-522,0 (131,400) (25.584) (74.0) T,)tels 46 200) (8.989) (26.0) 513,700(2) 100,000 (1) 1985 cwt<tition, (2) Between elevations 515,0 and 53240 feet Mal. ! TI PROJECT L+STItIATF.D CONSTRUCTION INVUSTtrtENT TO BE ALLOCATED ! Federal construction cost { Nonreimbursable costs (unallocable) (1) $152,745,000 Project cost to be allocated 5 840,000 Interest during construction on allocable cost 14 ,905,000 Protect construction investment to be allocated 16,343,960 (2) t $16302480900 ! (1) Relocation of roads above replacement-in-kind standards. (2) interest rate for flood control and Federal share of recreation - 3,25%. ! Interest rate for water su PP1Y and non-fled 5 aryl' { 116/ s , hsre . of recreation - i A-1 1 ! rzL+.~ C (III FNpR c Ill - ALLOCATMN_Q1' I?S'1'JAf1'1'E:U L'ONS1lUlCTTf}N TNVI:ST41{N'1' (Sclairubl.e conks - ra¢~ilufng benC:fil s nothod) !dater a!ipl~-1.'.. Re_craati_ on To Specific facilities cost,' 1145 r - tc4ln Aubrey Lake $ +000 $21,845,000 r Lewisville Lake (145,000) (19,575,000 $ 21,9JO,OOQ (0) ) (19,720,000) 2, Joint use facilities Cost; 89,707,600 (2)270,ooo) (2,270,000) Aubrey Lake (86,741,600) 39,207,400 124,915,000 Lewisville Lake (34,043,400) (120,785,000) I subtotal"] -cost (219GGi000) (1 164 OOU) $89,8520600 -1- 2 - (G,J30~OOU) i 3, Interest during $57,052,400 $146,905,000 construction: 12 f Aubrey Lake (129G28 628 ,t1.00) (1) 3,715)500 16,343,900 4,. Lowfsvi.l.le Lake ,(417,300) (3,516,.,00) (15,727,600) Total, allocation- - 199~UU0) (61.6,300) I ~ 3nvicetmcrit r , -4 . $102 481. 000 '(2)" I Aubrey Lake (99~ 09%~ $60,'7679'00 $1'64'900 + Lowisvil.le, Lake ) , (57 134 700) ( 8 (3,,383,700300) 000) 62 20600) (1)'Tnterest rate for 1Q,: 016300) water su i y - 5.116% (fseliear 1, Interest rat for reimbursement for water'Su pply will beisotl.AS of thebbeginning' of-thee fiscal year in which construction of the Project is started (2) Investment cost.to be repaid byt Lewisville Lake City of Dallas 74% Aub`_r_ lake Totals Present water supply$2 503 G00 $73,332,300 575,8~~ 3S,9p0' Future water suPP7y (.,.SQ3,600) (3713990500) (39 903,10.) City of Denton ~ 26% (0) (35,932,800) (35,9321800) ' Present water supply $79,700 25,765,400 2Fi,6451100 I Future water supply (8790700) (13,140,400) (14,020,100) Totals (0) __2- d25~000) (12,625,000) $3,383,300 $99,097,700 $102;481,000 { IV ~AILOCATZO~`~N_ OE ggTITfATPD OPLRATION AND MA1NTE;NANCR COSTS Auk Lake A. A.l:ocation of estimated total annual costs: Water s_ u~ Recreation Total 14 Specific cost 2, Distribution of $ 47,700 $435,000 $482,700 Goer, Joint use (percent) 57,283 3. Allocated joint use cost 42.717 100,000 4.' Totai allocation 81,800 61,000 142 800 0129,506 $496 000 $625 OS To be Paid by the City of Dallas! 74;1 of upecific cost for water supply facilities Aubrey Lake joint use cost; $350298 Present w/s (0,51 x 0.74 x 0,57283 x $142,800) Future w/s (0,49 x 0,74 x 0,57283 x $142,800) 20'871 Total ---9 U 661. $95,830 A-2 P. Detntenance cncecoatofs of pnyment:a by maintenance the City of Dallas fc~ operation and specific water aupply facilities; S Total exporienced preceding pccifie water supply facilities Co,:ts for t s 1 k =Total eapeCioncedrtspecificcwatc' he rsupply f next preceding Government fiscal r acuities costs for the Pay Payment to be made b year. , facilities costs, Y the City of Dallas for specific water supply at pnymrnt, Ps 0,74 x $47,740 xO'-lbs in_ 1st period I 2nd payments pa a 0.74(S x 12 12 ! No, months In lst~-period + S) ` 1st payment t 3rd payment, Ps a 0.74(2S - A), Where, A S x 12 7-77, + months i.. Payment from the 2nd payment subsequent paymont, P a 0.74 C, Determination , . of g.. , (29 ft):., payments b t and maintenance coats allocatede to City present Daluse las water join t ntl )t esa operation r ~ r 33 Total experienced joint year, use costs for the preceding Go 7•' verrvnent '£iseal ! Y ■ Total experienced join I t use costs £ the next precedin Fiscal year, g Government i f p~ payment to be made by the Cit of allocated to water au 1 Y Dallas for joint use costs lot payment p ~ ~ ~ J , f 0,21618 x $142,800 X Lo- months In 1st period r f 2nd payment, Pj 0,21618(1 x 12 i No. month's in 1st perQd J) - tat payment j 3rd payment, Pj 0,21618(21 B), where B u J x - •.,.12 No, mo from the 2nd payment nths in ls~' t p~ e Subsequent payment., Pj = 0.21618(2) ~ 1) D• Determination of payments by the City of Dallas for additional amounts of joint use operation and tpainte supply: nance costs allocated to future use water J a Total experienced joint use costa for the recedi Go year, p n8 vernment fiscal Y ■ Total experienced joint use costs for the next fiscal year, preceding Goverment pj payment to be made by the City of Dallas for joint use costs allocated to water supply, lot payment; Percent of future w/s p e etoYag, e~1_aced in uae 100 x 0.20771 x J' x To1n.ts in lst eriod 12 A~3 , r is r: a 2nd payment, Percent of future w/a atora e )laced in use No, months in p~ 00 x 0,20771(J x period 12 f J) lsl payment Percent of future w/s Subsequent payments, P~ st- r'q ° 1?1a0ed iii use x 0,20771 (2J I} NOTE: The computations above, in part D are based on J in the first payment being, the costs for a full Government fiscal year of Project operation, in the event the first ,,,fiscal future water r supply should be made prior to completion of e full Government fiscal year of Project operation, make one of the following adjustments: (1) If the preceding Covert-anent fiscal year was 'a partial year of Project •operati:on),substitute J.:x 12 No, months Project in operation for T in computing the 1st payment. All remaining payments will- be computed an shown, (2) If first use of future water supply occurs in the first year of j Project operation, use tite estimate of $142,800 for J In corm pu_ting, th©' first 'payment0 use J x 12 No, nunths Project in operation for J in computing the 2nd payment, and use I 12 J x No. months Project in operation from the 2nd payment for I in computing the 3rd payment, All remaining payments will be computed as shown. i A-4 G i• y 7i I)` V_ - ALLOCATION OF ESTIMATED MAJOR MI)TTAL REPLACEMENTS COSTS ANp SEI)l;il N'i}1'1'IUN RE:SUI(VP.Y5 CO5'CS A, Major caipital replacements costs: (1) hubre~ I.ak Water supper Recreation Total f j 1, Specific cost $1,100 $107,800 $108,900 2, Distribution of joint use cost (,err-nO 65,714 34,286 200,000 3, Allocated joint use cost 2,300 11200 3,500, E f 4. Total allocation $3,400 • $109,000 $112,400 +f!" To be paid by the City of Dallas: jjss 74% of specific cost for water supply facilities $ 8J.4 Aubrey Lake joint uee.cost i Present w/o (0,51 x 0,74 x 0,65714 x $3,500) 868 Futui-I w/s (0,49 x 0.74 x 0,65714 x $3,500) (2) 834 I Taal $2516 , (1) Estimates of average annual charges are used for determination of { allocated percentages. All charges will be based on the indicated per- centages. of actual costs.i.f; and when they are - incurred: I) (2) Additional anounts of joint use cost required to be paid as future water I supply storage is used will be computed as follows= { Percent of future w/o storage placed in use x 0,49 x 0.48628 x actual 3oint use cost .100 B, Sedimentation re9urve}'>' costs: Aubrey bake Sedimentation resurveys costs allocated to water supply and to be paid by the City of Dallas are based on the percentage of the gross storage in Aubrey Lake represented by the storage right of the City - see section I of this Exhibit A. Present water supply 0.51 x 55.580% d 28,346% Percent of future w/s Future water supply =storage p00ed in use x 27.234% A-5 a -r 6 4 1 n VI ~COMIUTA'I'IONS FOR ANNUAL PAYPIFNTS FOR INTERM ANM AMORTIZATION Present waLer se~ ipply; 1 Amount to be amortized; Lewisville Lake $ 3,383,300 x 0,74 $ 21503,600 Aubrey Lake $99,097,700 x 0,74 x 0,51 37,3991500 Total $39,903,100 -Based on 50 equal payments, 44 of which bear interest on the unpaid balance at the rate of 5,116 percent. t , A P Wherei P annual. payment i p.A ~1 4'r- amount to be repaid = $39,903,100 i + e is= interest rate c 5.3.16% "iamolfEi:zation coefficient for 49' yearti 0,004859195617 1 $39,903,100 - P 0,05116 + 0,004859195617 ! 17,85102390P - $39,903,100 - p ~ 18,85102390P - $39,903,100 P _ $2,116,160 35 s A-6 ORO a nu131u,Y n!in t Jr ;vn,~r; l,.aU,~', Contrtiot 110. nnc rG'-7G-c-oooo 13XIII13I'1' 3 T E'AY'h!;T SC!!I;bL1L~; Yit . PA Y,Sf.A1' TU '1'0 TOTAL Q. 1,vT1.1it.S'l' ?'ts1 nU Ir',1i, ..11.A:~1., a IY:rh.~7' UL"t•. i 1 0.00 ~?l1ti763 3')vCIs1JJ•v) 2 1933149.}4 } 5 r116'7(1.).;S!) /lbt+i,J 3 4) 11 p 1 3 1923755.59 ! 93:)) 00/1 4 21 1c') 3'7 C;Jg7S:c.r,rE [ 19, 77 6 1:1 }66'/6')'35 1 1913861.x16 d.) JJ i.a.ti (09 • JEbo. 3'1 'l 211di1~ ur;. 5 I903bJ`r..}ls il3d5u, I 1 / 16 7 60 . 3 5 3 1'J I C' Ib92591.t59 22 41 46 21 2 116760.3,, JGJ'v35(ti.t;;; G1s.G'/Gll. Sb 88 7u•J4t:.1 , 7 11 1P 3.43 2;i5C'3 6 1 1 ! 8 186900 t5. L):3 ..11O'loq,35 3G533'/t'1.%J1 I 2q%liv2.10 211G76J. ;3b 3G~ts!:J 'J.IrI ! 10 1056396 ,32 26J364'03 l isG3Jl6~ l0 21 16760,35 2734611,25 31,0[.:.12 } } c,1.1 . 1.fS2J}7~L.111, .2.116760. 3'y 35%Sg,U/tU''i G { 1 2 181 /13 ~ 31 16760. i 5 3 5[ [ 16.40 302403.95 .116'/o0.3~ 1C) lf,'4.`J2 13 1'l9tsots5.rl} ? ' ` 31715%4.x/4 1.4 7 OP422,t 13,7. ?llfi'1li,J.: 5 51 4'[iJIJ. J~1 1)3,....,.,•'.33A 1t", Ja 1 5 1765528,4E 351c„3i t -8,) ,i11.5L)Vv3t1•G,1. 1G 171175b9.r1'I2116763. ib 34151 /3,..7. I i 7 3G J3J0 . J1' 211G7fiU'35 3 s76JrJS. 1 i 8 1'J?.8671 . 1?, 3813089.23 } 10 '/60.35 1'/Ubt~1G.r17 zt0 7g1133i/t')141C.his' 1`) 16$1946.06 r' 2116'/6!J•3b 3 :');ti1111?. 7,1 ` 20 Jr /1 #29 211'176-0 3b 32!`~S11b;)C.hi 166600'/.• • IJJIb~'N 3 2} }.G4dy[f'/..4;3. 47.3ts12.9,.; 2116760 . S 3 ll f•JJ;i.>r, 22 161 {)'/O7 • 1 G . "2l I F'!C-.Q. d5 ."..31•U0Cl::. (z•.... 7y~J53.P`J ~y1.3 ~JIJ. J. 23 1593286-16 u8 52Jb;~3.59 21 16 16 76u, 750 35 31 1 24 156611 7 11(51 ~.2t h2' 55031'}.5.7 JOG C 25 1 5315288.53 21 J £17(10.35 30,3661 iit . 71 ! 26 "'184'11. v.2 y0Y•!Jd3. v2 r" 2l 1' 7v0. 3!5 2H11tiy'1 } rY 2'I 147.7585•$[1 tJ itrJ!)(i.1yJ .21161!30.3!1 6 b').r: c 13v1 /5.}! 2ts 1444ts{S:,.Jq 29 611x.15. $1 21 1r, Y' i!.;i J 1410:111 .v.) 7)62'14 rye 2/ ,/)i. s•J. - 30 13143o').23 011, 'I1ijb rr ::,!,I,.,. 31 1336.4JJ.U;i 111 J 1.3,1.}~ ull ./63.35 2C:1.1J"fl.r x 3 7.)36;J.29 l l6 /G'J. 13964%6' 83 ts e20'?;~ 3.52 2 7a ~ • i l . ; 33 1254511.1 211(J'76J.3 5 BG22c! 34 121039b.45 ' .;~3 ?.116760'3s 236 90'18 .3 9063G1.90 21}6763.35 35 1164o,Z8.go 052731.37 36 111528'121, 2116'16J.35 22 527 16. 5 3 217999h5.16 3.1 110147.5,}} 21)6760'35 10101')5.31 1x52'/16.47 2116761.35 1J715bbJ3.5h 38 I1J65,,b.04 39 9535133.x14 1163176.9 211660.35 17if'Io ?311. 4C} iit)4J75.;31 ~ 1 21 16 7'IGU.,jl9 l%47G'JG1'f) 3 p1 1:.di „b.011 21135 16g!)' 831522.15 12b5237'6'J 3 IG',>J 42 165109.9y 2116760.35 14x)66,,136.iy 3 13bOV')? 36 21167 •,0.'ib , 13111 7111@, 113 11 696653.32 l gl',J1 II ,3 44 fi`?4JJO.GS 11192' 2116'/60.3 12}b`/1x11.1,.) 45 547631 .06 a 1~ '10 2116711.35 If~'!i)r1•~ I F9j 4G 1JG,)ldw.2y 211 G'/60.35 4 5 4 673 1!.rl} 16If910b. y 4 913 1,2 61 47 3629'/0.180 21 16160.35 71115571166'/ 48 I'1337tiJ. L) 211('/111).;35 5 751 2943'/0.13 ltl~'t'.4~)1.^.2 1 1 {i '/tiU . 3S r 119 201031. 53 1 91 S'I2c•' 62 2 3y23466, 90 50 103022'84 2116760.35 201373'+.1) dO1373o.Oti 2116760.9e 1)-1 0 . UJ It . J1. L j 4 1 J Contract No, BACI763•-16-C-0000 AUIIRliY AND LLIIISVILI,E LAKF;S EXHIBIT C \1! ASSUIUrNCL' Ck CO fF'LI w 1 bFPARTf1I5ftT ANCC WITH OI' IVILSI; bIRI:CTIVIi UNTIJE I DER TITLE Vf OF 'flll: CIVIL klClll'S ! ACT Or 1964 Tile Re City of Dallas, Dallas Ceuut ie P nt) IIIMBY AGItEISS THAT ic~willacor(hereinafter called "Applicant- Rights Act of 1964 (Public Lase 88-352) iP7'Y with title VI of t or Pursuane L'o the Directive of the pc, a~iJ ,311 rep he civil issued as bepartment Ia_irements ,imPosed ,by, at Befense Directive Se (32 CTR ti500 of Be£en i9sued pursuant t Part 300, to that title •11, December 28, 1964) the ground Act and the Directive'' to the end the -in accordance with title VI. , the ground of race t no Person in the United states shall, on in,' be denied th e bC11~ti~s ~sational ore under , or be otherwgin ise be subxcluded from participzLion i ally Pro ram or g activity for which the App l { Federal financial assistance fr cant to eiscrimirtrtion ica I~'MY GIVrB ASSURANCE THAT nc om tlse U nt-Recipient receives to effectuate this. agreement,. it will imme,dSia,tely Army take arpsnof Engineers and Y measures necessary If any real property or structure is 1 aid of Federal thereon assistance extended pr the A the U provided or improved 5, Arm l proved with the j Reciplentt or Y Corps of Engineers, assurances PPlicant-Recipient by for the P riod d in the uring case which of t•h any transfer of hall obligate the Applicant- purposu for which federal fin, e ncial rest assistance Propert such Property) any transferee, or structure is used for a o involving the provision of is extended or another personal Property similar services for Y If; so provided, this If any or benefits, Applicant ~Recipient for the assurance shall obligate the poesess;on of the period during which it retains ownership or obligate the A Property, I ppl all other cases financial assistancenis Recipient for the + this assurance shall THIS extended to it period during which the Federal by the U. S. ASSURANCE Army Corps of En Obtaining is given in consideration of a gineers, g any and all Federal nd for the purpose of or other Federal financial grants, loans Applicant-Recipient b assistance extended contracts thproperty, discounts, by the Department nded after the date hereof to the such date on account , includin were of arrangements for Fade g installment aPProved before such date, rat firu:nci11 assPayments after istance wlich 1'ho Applicant-Recipient recognizes and a v111 be extended in reliance on the green that. such Federal assistance in this assurance, and that the representations and agreements made United States shall have the right to seek 0-1 ~re4a:=[t y E~ ri yyi{ 6j pA i 4 Judicial enforcement of this assurance. This assUi'aace is binding on the Applicant-Recipient, its successors, transferees, and assiL;nees; and the person or persons whose signatures appear below are. authorized zed to sign this assurance on behalf of the Applicant-Recipient, THE CITY OF DALLAS, TF,XAS Aatad i George RI Schrader City Manager ATTEST ,t . r it l I s i f Narold G, Shank Secretary ; City of Dallas, Texas t~ `S F 1 f f _l i c-2 y T iV .A f Contract No, DACI463-76-C-0000 1 AUrir Rry AND L1-1w VJLLP 7eiKE5 ' JiX1JIflIT D OPINION OF COUNSEL ~ I have reviewed and aPIproved contract number DA~1JG3-76-C- 0000 between the United States of Ame rica and the City of Dallas, Texas, i larticularlY,I ,.Jinve,considero the effect of Sect ion.22 ' 1, of, rubllc Law:. 91 (4? U S,C 1962d•-5b and , am of ' the opinion t}tat the City of Dallas Texas has the requisite legal authority to enter Into and comply with this ` I agreement, as required by the aforementioned 'Statute.'' + Dated I I _ N, Alex Bicklcy _ ,City Attorney I City of Dallas, Texas l j I 1 r 1 D-1 - r Em rq 1) I . I ~ I 0 F { l Lm IE b I f~ 1 F' 1 1 EE Pi E) j E I ' 1 i S l