HomeMy WebLinkAbout01-28-1976
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?!r. James W. White
City Manager of Denton
Municipal Building
r,. Denton, Texas 76201
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Dear Mr. Whites
i am iaclosing dltatt,lfy$*t vs o}t tootraeks ~1~ ,~q "
for your use in preparing for the continuing Taxes Vater R~i G`oitirdission
! Clearing tentatively set for 17 February 1976. I have included the latest
i draft contracts between the Government and the cities of Denton and Dallas
! in accordance with our telerhone conversation on 20 January 1976. The
three sets of contracts inclosed show the submissions in January, June,
and November 1973 and the changes associated with sack.
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I appreciate your update concerning the timetable of events necessary to
1 move Aubrey Lake to a construction start.
If I can be of further assistance to you, please call on sae.
Sincerely yours.
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3 Intl RAY L. BROGLEY, JR.
As stated Chief, Program Development Braneh
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y ` DEPARTMENT OF THE ARMY
IL; FORT WORTH DISTRICT. CORPS OF ENGINEERS
P. O. BOX 17300
i j FO.T7 WORTH. TEXAS 76102
~i7`n1TJ~ M.
SWFED-PC '16 January 1975
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SUBJECT: Aubrey Lake - Additional Data for Design Memorandum No. 2 -
General and Local Interests Participation
Division Fnglneer, Southwestern
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1. Refer to:
. Letter SWFED-PC dated 25 September 1974, subject: Aubrev Lake,
a
[bsf Memorandum No. 2 - General; Project Formulation, Supplemeltal
Information.
b. Letter SWFED-PC dated 3 October 1971+, subject: Allocation of
three Indorsementse
with
' Costs of Improved Housing Standards,
2. Inclosed are a letter of assurances of cooperation In subject project
frog the city of Dallas and a letter from the Texas Parks and Wildlife
f Department which are forwarded for inclusion In exhibits 4 and 5,
respectively, of :he report subnitted by reference le,
I 3. We understand that these letters will provide the remaining information
I needed by the Office, Chief of Engineers to approve the Aubrey Lake Genera
Design Memorandum and the project cost allocation.
4, Inclosed also are draft copies of the water supply and recreat'onal
devalcpment contracts .olth the cities of Dallas and Denton for your review
iii and comments. These drafts are base In final project data In the rto the
submitted by reference ia. They
titles for execution when approval of the General Design Memorandum is
recelvei.
54 The water supply contracts have three deviations from the standard
format directed by ECI A-X13.3, ER 1180-1-1. For ready location, these are
the first copy of
Tasterisks In he deviations h are margins of
marked r 3 d and pencil
foilows:
a: Article 5s(2)• Annual payments are mare due the inniv operational date
of notification by the Contracting Officer that the project
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SU8JECTC 16 January 1975
1 SUBJECT: Aubrey Lake - Additional Data for Design Memorandum No. 2 -
General and Local Interests Participation
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for water supply purposes in lieu 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 5b, we feel that the costs of project sedimentation re-
surveys should also be shared by the water supply function of the project,
and this provision has been included.
c. in Article 5c, the requirement for payment of operation and
maintenance charges covers a general annual period, and no due date is
! specified. Contract administration problems will be avoided if collection
terms are more specific. We have added language which we feel will make
the agreement more clearly understood by both parties.
The recreational development contracts are in accordance with the standard
f for.nat of ECI A-311. The guidance in reference lb has been followed In
j determining project costs to be reimbursed by local Interests as shown in
I the Inclosed contracts.
6. We recommend expedited approval of the Aubrey Lake GDM and the contract
deviations presented above so that execution and approval of the contracts
I ) can be obtained and a construction start achieved in FY 1975.
FOR THE DISTRICT ENGINEER:
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JLJ 6 Inci C1.
I 1. Ltr assurances-Dallas (11 cys) *0ePutVDIss 2. Ltr Texas Parks b Wildlife t Eng ineer
Dept (11 cys)
3, w/s contr draft-Dallas (quint)
14. w/s contr draft-Denton (quint)
5. Rec day contr draft-Dallas (quint)
6. Rec dev contr draft Denton (quint)
Copy furnished:
HQDA (DAEN-CWE-B)
w 20 cys of inclosures I and 2
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Contract No. DACW63-75-C-0000
DRAFT
CONTRACT I',FlIWI:L'N TIlr. L'I41.7'I:D STATES Or AMLRICA
AND
111E 4'ITY OF DAM AS, TJLvAS
rOR
WATER STORAGE SPACE IN tIBKEY
AIM MISVILLE LAKF,S, TEXAS
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THIS CONTRACT, entered into this day of
between the United Stat(c of America (hereinafter called theractGov1975, b and
represented by< the Contracting Officer tr.ecuCing this cont
e, rnandmenthet),
City of Dallas, Dallan County, Texas (hereinafter called the City),
WITNESSETH MAT:
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VHUF.AS, the River and Harbor Act of 1965 (79 Stat. 1091) authorize)
the construction, operation, and maintenance of Aubrey Lake (hereinafter
called the Project) on the Elio Fork of the Trinity River in the State of
Texas] and
WHEREAS, the Project will include storage for flood control which will
permit the transfer of flood control storage to the Project from Lewisville
Lake (immediately downstream from the Project) and make available in
I Lewisville Lake an equivalent amount of storage for additional water supply
f for municipal and industrial uses; and
WHEREAS, the City desires to contract with the Government for the use of
storage included in the Project and the additional storage to be made
available in Lewisville Lake for municipal and industrial water supply, and
' Sur payment of the cost thereof in accordance with the provisions of the Hater
Supply Act of 1958, as amended (43 U,S.C. 390b); and
r ? WHEREAS, the City is empowered so to contract with the Governmen
is vested with all the necessary powers for accomplishment of th
e t and
of this contract, including those required by Section 221 of theFlood oControl
Act of 1970 (42 U.S,C. 19624-5b);
NOW, THEREFORE, the Government and the City agree as followst
ARTICLE 1, Water storage svoice.
as Project construction. Vie Government, subject to the directions of
Federal taw and any }.imitations imposed thereby, shall design and construct
the Project so as to include therein 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. ' Right a of the City,
74.0 (1) The City shall have the right to utilize ;a) an undivided
percent (estimated to contain 5:40400 acre-feet after adjustment for
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i~ sediment deposits) of the total storage space in the Project bctvLL-n
elevations 550,0 feet above ncan sca levc"1•ond 632.5 fce-L above mo.m so-.
Ievel, which total storage spree is estt.aated to cuntain 749,200 acre-feet
after adjustment for sediment deposits, and (b) an undivided 74.0 percent
(estimated to contain 102,100 acre-feet after adjustment 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 Ievel, which total storage
apace is estimated to contain 136,000 acre-feet after 1djUSLmont 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 the Project is to be used to impound water for present and
anticipated future demcatds or needs far municipal and industrial water supply.
In the Project, 50 percent (an estimated 277,200 acre-feet) of the space
which the City has a right to utilize is for present use water storage,
50 percent au and
{ estimated 277,200 acre-feet) is for future use water storage.
City
lakes, (2) The
maderbyhtheoCovwithdraw ernmentwthroughothehoutlet
works in the dams, subject to the provisions of Article 1c and the aforesaid storage spaces will provide; and shall have theright htoextent
construct all such works, plants, pipelines, and appliances as may be
necessary and convenient for the purpose of diversions 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 the 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, 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 the Project and Lewisville Lake lands as
may reasonably be required in the exercise of the rights and privileges
U herein granted.
c. Rights reserved. The Government reserves the right to lower the
water in the Project 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 solo
discretion, for flood ccntrol 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. Quality or availability of water. The City recognizes that this
contract provides storage space 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 the aforesaid storagu 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 water rights needed for utilization of
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the storages provided under thin: cuntracl. The'Sovernment shall non Ue
responsible for diversions by others, nor will it become a party to any
controversies involving the use of the storage space; by the City except as
such controversies may affect the operations, of Lhc Government,
ARTICLE 3, Operation and mainu-nince. The Government shall operate and
maSninin the Project and Lewlsvi2lc Luke 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 diversion or
vitlidrawal of water from the two lakes, and shall bear all costs of construction,
operation, and maintenance of such inetsllstions and facilities,
I ARTICLE 4, Measurement of withdrawala 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 measurerient
of water which is withdrawn from the Project or Lewisville Lake by any means
other than through the Oroject or Lewisville Lake outlet works. The City
shall furnish to the Covernment monthly statements of all such withdrawals.
Releases from the water supply storage 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 Contracting Officer and shall be subjact to
Article lc. 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 rf the water supply storage space or spaces.
I ARTICLE 5. Payments. In consideration of the right to utilize the
aforesaid storage spaces in the Project and Lewisvillt Lake for municipal and
{ industrial water supply purposes, the City shall pay t:.e following sums to
the Covernment:
a. Project investment coats.
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Interest onthe~ unpaid balanceeasyheto the reinafter especified, the amoun"s n stated
below which, as shown in Exhibit A of this contract, constitute the entire
estimated amo mt of the constructio., costs, including interest durinf; 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 int-:rest,
during construction 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 basis set forth in the Water
Supply ;,:t 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
$3.143 percent of the total Project joint use
construction cost, estimated at $65,3830600
Interest during construction, estimated at
$ 59930,600. ,
Total estimated amount of Project investment cost
allocated to 74 percent of the water supply $72,427,300
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( The Project
indicated In in Article lb inas vestment cost allocated to the storage spaces
(1) being provided for present demand 14 currently
estimated at $37140312500 on the basin of the costs prco-,ented in E:•:hi}it A
of this contract, The amount of the Project iuvestrcent cost allocated to the
storages for present demand shall be paid in 50 consecutive annual pay%cat:+,
the first of which shall be due and payable within 30 days after thn City is
notified by the Contracting Officer that the Project is coripletcd and
operational for water supply purposes. Annual palanents thereafter will be
due and payable on the anniversary date of said notification by tl,e
Contracting. Officer. Yxcept for the first payment, which will be applied
solely to the retirement of principal, all
interest on the unpaid balance at the rate provided above. inThedlastcanrual
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.
(3) The amount of the Project investment cost allocated to the
remaining portion of the storage space that
currently estimated at $35,ulB,250 on the basic ofdthefcoststpresented In
Exhibit A. No principal or interest rayment 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
unless all or a portion of such storage is used during this period, j7he
{ amount to be paid 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 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 r
i, from the tenth (10th) year f g pp y hich is not being used
the water supply purposes until theotime when dsuch tstorageeis first~~used. The or
City may at its option pay the interest cs it becomes duo or allow the interest
to accumulate until the storage is used. If this er the interest will be compounded annually and addedltotthepoptinc pal is exercised,
When any portion of the storage for future water supply isused amount,
both principal and interest for the portion used must be started,pand thein
amount of the Project investment cost allocated thereto, with interest m the
unpaid balance as provided above, shall be-paid within the life of the.Project
in not to exceed 50 consecutive annual payments beginning within 30 days after'
the data of first use of such portion.
(4) An estimated schedule of annual payments for the storages
provided for presctt demand is attached as Exhibit B of this contract. The
annual payments as provided therein shall be made until the actual construction
costs of the Project are determined. When the actual construction costs of
the Project are degermined, the annual payments due thereafter w'll be
adjusted to reflect. any increase or decrease in the actual costs, including
interest during construction, from the estimated amounts shown in Lch'bit A.
Payment schedules for the storage provided for future water supply ;remands will
be furnished by the Contracting Officer when use of such storage is started,
and if based or. estimated coats will be subject to revision when actual coats
are known.
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f • (5) If the city shall fail to mace any of the aforesaid payment%
when due, then, the overdue payments shall bear interest compounded annually
at the rate provided above until paid. The remount charged on payrenLs overdun
for a period of less than one year ;,hall be figured on a monthly bv5ia. For
example, if the payment is made within the first montli after being cverduc
(31 to 60 days after the anniversary date), one month'.- interest shall be
charged. Thip provision shall not be construed as giving the City it 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 lime 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,
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b. M_a.or ca ital replacement costs and sedimentation resurveys costs.
The City will be required to pay 74 percent of the costs for any major capital
replacement of specific water supply facilities at the Project. In addition,
1 the City shall pay to the Government 24.315 percent of the costs of joint use
major capital replacement items at the Project until such tine as the storage
for future water supply is used. As the storage provided for future water
it 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
I capital replacement costs 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 48.629 percent of such costs, The City will be required
to pay 27.446 percent of the cost of sedimentation resurveys at the Project
I until such time as the storage for future water supply is used. As the
J storage provided for future water supply demands is used, the share of the
sedimentation resurveys cost which the City will be re-,oired to pay will be
increased commensurate with the percentage of the water supply storage being
used up to a total of 54.891 percent of such coats. The City will be
required to pay 11.115 percent of the cost of sedimentation resurvey9 at
Lewisville Lase. Payment shall be made either in lump sum or annually ttith
intere.;t on the unpaid balance. If paid annually, the first payment sh,,ll
be made with the first annual payment on the Project -investment cost be.oming
due after the dote said major capital replacement costs or sedimentation
resurveys costs are incurred.
e. Annual operation and maintenance costs. The City will be required to
pay 74 percent of the annual experienced operation and maintenance costa of
specific water supply facilities at the Project. In addition, the City shall .
pay 21.195 percent of the annual experienced joint use operation and
maintenance costs of the Project until such time as the storage for future
water supply is used. As the storage provided for future water supply 4emande
is used the share of the annual experienced joint use operation and mainte-
nanca costs, which the City will be required to pay in addition to the
operation and maintenance costs of tha specific water supply facilities,
will be increased commensurate with the percentage of the water supply storage
being used, up to a total of 42.389 percent of such costs. The City will be
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required to pay 5.324cl
arpercusient of the total annual _xpuricnced operation aitd
maintenance costs, ve rf the operation anti m~intcnance costs for Jand
management and public utilization, of Lewisville Lalte for the additional
water supply storage therein, The first payment for operation and S1aJIILe-
nonce costs will be due and payable in advance within 30 days nftcr the
Contracting Officer notifies the City that the Project i:a corpleted and
operational for water supply purposes. The first payment will be for the
1 period beginning on the date the Project is operational frr water supply
purposes and ending on 30 September following, and will amount to the pro
rata share for this period of the estimated initial annual payment of
$65,564. The second payment, for the ensuing Government fiscal year ending
30 September, in the estimated amount of $65,564, will be du? and payable
is advance on 1 October following the date the project is operational for
water supply 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
costs for the computed based on the actual rxperienccd
preceding increased or decreasedbyoanramount fiscal
p y,_nt shall be
therdifference rbetweet, 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
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payments by the City based on the estimated costs for the sane pe,-iods.
ARTICLE 68 Construction cost ad ustments,
amounts In this contract, includ g'those in the EAll xhibits, rareitent tivaollly,
based on the Government's best .stimates. They will be adjusted upward or
downward by the Contracting Officer when final construction costs become known,
f and the contract will be modified to reflect the adjustments.
ARTICLE 7. Duration of contract. This contract shall be effective
a when approved by the Secretary of the Army and shal.I continue in full force
and effect for the life of the Project and Lailsville Lake.
ARTICLE 8. Permanent rights to storage. Upon completion of payments
by the City, as Provided in Artfcle Sa heroin, the City shall have a permanent
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right, under the provisions of the Act of 16 October 1963 (Public Lm 88-1400 , to) andULewisville)Lake astheprovidedus( of
spaces In
followi0 Project
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as The 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 74 percent of the costs allocated to (1) water
supply for the Project 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-
ment of Project or Lewisville Lake features which may be required to continue
satisfactory operation of the Project or Lewisville Lake. Sucb 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.
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c. Upon completion of payments by thr. City as provided in Article 5a
herein, the Contracting Officer shall redetermine the storage spaces for
municipal and iudustrial water ;;upply, taking into account such equitnblv
reallocation of lake stornpe capacities among the purposes served by tho
Project and Lewisville Lake as may be necessary clue to sedimentation. Such
findings, and the storage spaces allocated to municipal and industrial water
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 resurveys to reflect actual rates of sedimentation
and the exhibit revised to show the revived storage spaces 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 the Project and
Lewisville Lake. In the event the Government no longer operates the Project
or Lewisville Lake, such rights may be continued subject to the execvti.on of
a separate contract, or additional supplemental agreement providing for:
{ (1) Continued operation by the City of such part of the facility
f as is necessary for utilization of the water supply storage spaces allocated
to its
(2) Terms which will.
~ protect the
public interest; and
(3) Effective absolvement of the Government by the City from all
liability Li connection with such continued operation.
ARTICLF. 9. Release of claims. The City shall hold and save the
Government, including its officers, agents, and employees harmless from
liability of avy 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 the Project and
Lewisville Lake, or withdrawal or release of water from the Project or
Lewisville Lake, made or ordered by the City or as a result of the construction,
operation, or maintenance of the features of appurtenances owned and operated
by the City, provided, that this shall not be construed as obligating the City
to hold and save the Government harmless from eamages or liability resulting
fret 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 orsassign this
contract or any rights acquired thereu..,der, nor sub-allot said water supply
storage spaces or any part thereof, nor grant any interest, privilege, or
license whatspever in connection with this contract, without the approval of
the Secretary of the Army, rod vided that, unless contrary to the public
interest, this restriction shall not be construed to apply to any water that
may obtained from the water supply storage spaces by the city and
furnished to any third party or parties, nor any method of allocation thereof.
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ARTIOT 11. Officials not to heneflt. No member of or delegate to
Congress, or a.•a dent Com:nlssl3ncr, shall be admitted to any share or part
of this contract, or to any benefit chat may arise therefrom; but this
provisi,~:, shall not be construe,! to extend to this contract if made with .a
corporcti••t for its general benefit.
ARTICLE 12. Covenant n;ainst contf2Zent fees. The City warrants that
n
secure thi contract o person or selling agency has been employed or retained to solicit or
percentage, brokerage,or contingent nfeerexcepting nbona fideaemployceaoor bona
III fide established comaercial or selling agencies maintained by the City for
the purpose 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 action will be takes:
to control environmental pollution which could resul~ from such activity and
to comply with applicable Federal, State, and local laws and regulations
I concerning environmental pollution. Particular attention should be given :o
(1) reduction of air pollution 3y control of burning, minimization of dust,
containment of chemical vapors, and control of engine exhaust gases, and of
omoke from temporary heaters; (2) reduction of water pollution by control of
sanitary facilities, storage of fuels and other contaminants, and control of
i turbidity and siltation from erosion; (3) minimization of noise levels;
(4) onsite and offsite disposal of waste and spoil; and (5) prevention of
1 landscape defacement and damage.
ARTICLE 14. Federal and State laws.
a. In acting under its rights and obligations het under, the City
a^reen to comply with all applicable Federal and State laws and regulations,
including but not limited to the provisions of the Davis-Bacon Ac.t
(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.
D. The City furnishes, as part of this contract, an assurance
(Exhibit C) tl'at it will comply with Title YI 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
Title 320 Code of Federal Regulations.
ARTICLE 150 DEFINITIONS.
a.' Joint use coats - The coats of features used for any two or more
Project purpcses,
b. Project investment costs - The initial cost of the Project,
Including: land acquisition; construction; interest during construction on
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the value of land, labor, and materials used for planning and construction
of the Project,
e. Specific costs - The costs of Project features nor
one particular Project purpose, orally carving only
d. Interest during construction - An amount of interest which accrues
on expenditures for the establishment of Project scrv~cen during the period
between the actual outlay and the time the Project is first made available
to the City for water storage.
AkTICLE 16. A roval. This contract is subject to the written approval
of the Secretary of the Army, and shall not be binding until so aPProved
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IN WITNESS i•AIEREOF, the parties have executed this contract as of the
day And year first above written.
E
APPROVED: THB DNITFD STATES OF &IMP ICA
t BY
Secretary, of the Army JOE tl. S1I::ARD
Colonel, CE
Contracting Officer
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, Date
CITY OF DALLAS, TEXAS
. By
GEORGE R. SCHRADER
City Manager
I, Harold G. Shank, certify that I am the City Secretary of the City of
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 WJEREOF, I have hereunto affixed r7 hand and the seal of said City
of Dallas, Texas, this day of 19754
.
HAROLD G. SHANK
Secretary, City of Dallas, Texas
' CORPORATE SEAL ,
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Contract No. DACW63-75-C-OOGO
AUBREY 111Y.R
MIMIT A
3
I
' I - PROJECT STORACES
In Aubrey Lake
Percent Percent of
Gross Usable of water
Elevation storage storage usable supply
Feature (feet msl) (acre-f.oet) (acne-feet) storage fitora.;e
Flood control 632.5-640.5 265,000(1) 260,800 25.822
j Water supply 550.0-632.5 7999600(2) 7499200 74.178 100.0
(City of Dallas) 550,0-632.5 (5549400) (54,891) (74.U)
(City of Denton) 550,0-632.5 ~19b 800) 19.287) (2ri.0)
Totals 1,0640600 190105000 100.000
(1) Includes 4,200 acre-feet sediment reserve.
(2) Includes 50,400 acre-feet sediment reserve.
i In Lewisville Lake
• Percent Percent of
• Gross Usable of water
Elevation storage storage usable supply
Feature feet m51Z (acre-feet) (acre-feet) storage storage
i
Flood control 522.0-532.0 341,300 (1) 3069700 340825
` Water supply 481,0-522,0 648,400 (2) 5741000 65.175
1 Existing lake 481.0-515,0 (4640500) (4369000) (49.506) 100,0
(City of Dallas) 481.0-515.0 4159000 47.122 (95.2)
LJ (City of Denton) 481,0-5)5.0 210000 2.384 (4.8)
Raised w/o pool 515.0-522.0 (183,900) (138,000) (15.669) 100.0
(City of Dallas) 515.0-522,0 1020100 11.593 (74.0)
(City of Denton) 515.0-522.0 35,900 4.076
(26.0)
Totals 99,700 880,700 10.000
(1) Includes 34,600 acre-feet sediment reserve,
(2) Includes 74,400 acre-feet sediment reserve.'
• 11 - PROJECT CONSTRUCTION COST
Estimated Federal construction cost ¢1490603,000 .
Estimated nonreimbureable costs (unallocable) (1) 5 840,000
Estimated project cost to be allocated 1 3,763,000
Estimated interest during construction on allocable cost 11,6111M (2)
Estimated project investment to be'allocated 155,374,000
(1) Relocation of roads 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.
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• III - nr.r.ocnrirr,~ oic_~~~rsrnncrro~a_r,r_vr_sr~r~:rrr
(Separable costs - remaining benefits mellwJ)
Water Recreation and
su~,p3,7 fish and wildlife Totals
1. Estimated specific
facilities cost $ 145,000 $1E;7030000
Aubrey Lake (145,000) $ 18,848,000
Lewisville Lake (12,433,000) (12,578,000)
2, Estimated joint use (0) (20270,000) (202d'700000)
facilities cost 89,707,600
Aubrey Lake 5'207'400 124,9150040
Lewisville Lake (86'7419200) (3400430400) (120,785,000)
.12,066,.000) (1,154, 000) (4,330 , OCO)
Subtotals - cost $89,852,200 $53,910,400
3. Estimatcd interest $14307630000
during construction 89022 400
Aubrey Lake ' 3,588,200 11,611,000 (3.)
Lewisville Lake (7'757'300) (3,410,800) (111168,100)
4, Estimated total (265.100) (177,800) (442~goo
allocation $9708750000 (2) $57,499 000
Aubrey Lake (94643,900 , $155,374,000
Lewisville Lake ) (5398870200) (148,5310100)
(3 .231,100) (3,611,800) {6,842,900)
~I (i) Interest rate - 3,2' 1
Interest rate for reimbursable amounts will be act
as of the beginning of the fiscal year in which
Project is started constriction of the
.
(2) Investment cost to bP repaid by:
t City of Dallas $72,427,500 - 74%
f` City of Denton 25,447,500 - 26%
¢97,875,000
IV --ALLOCATION OF ESTIMATED.O_PERATION AND HAINTENMCE COST
Aubrey Lake
Water Recreation and
• U2,ly fish and wildlife Total
1. Specific cost $ 479700 $435,000
2. Distribution of joint use $482,700
coat (percent) 57.283 42.717 100.000
34 Allocated joint use cost _81,Soo .
4. Total allocation 61.000 142.800
$129,500 $496,000 $615,500
To be paid by the City of Dallas:
74% of Specific coat of water supply $35,298
42.389% of project joint use cost 60 532
Total
95,830 •
95,830 =
65,500 x 100 15.321% of total acnual operation and maintenance cost,
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mum, 4
i'
LCwiSYilie ),nki
r Existinr ro ect flood Water
control __Au 211L_
Totni
1. Specific cost
2. Allocated Joint use cost $17,261• $ 1,511(1) $18832
3. Total allocation 21- 012 I1y558(2) 38'630
$44$33 $13,129
(1) Operation and maintenance of outlet structure exclusively for Dallas,
(2) 4.82 paid by Denton + $554,
(3) Exclusive of operation and maintenance costs for land management and
public utilization,
S~2 57
x 100 a 21.92 of total annual operation and maintenance cost
Raised water sMZI yool Flood Water
control supply T---- al
1. Specific cost
2. Allocated joint use cost $170261 $ 29068(1) $19,329
j i 3. Total allocation 23 414 1_ S 216(2)(3) 38,630
t 40,b75 $17,284 $579 59(4)
(1) Operation and maintenance of outlet structure exclusively for Dallas.
j (2) Water supply storage in raised pool - 574.000
Water supply storage in existing pool ■ 43b,000,- 1.3165
$ 1,571 x 1.3165 - $ 2,068
1 , (3) $12,0538 68 x $.19571a-$15,216
` $
$15,216 - $11,558 0 497 '
$1502 1 + $ 3,658 74% of $3,658 ■ $2,707
$ 2,707 - $130711 $20068 + $13071 - $159779
(4) Exclusive of operation and maintenance costs for land management and
public utilization.
15 779
$57,959 x 100 27.2242 of total annual operation and maintenance cost,
27.2242 - 21.900% a 5.3242 of total annual operation and maintenance cost
allocated to Lallas for operation and maintenance of the additional water
supply Storage in Lewisville Lake.
Sedimentation resurveys3
Raised water supply pool
RX13ting project water supply pool 58.715%
' 4•6002
Difference allocated to additional water supply pool 11.1152
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V - COMPUTATION5 Fox ANNUAL PAYT1E1VrS FOR 1NTI P'.1:5T AND A`f01;9'I%A7'lb;i
Present water suADly;
I Lewisville Lake $ 31231,100 x 0.74 $ 2,'391,000
Aubrey Lake $94,643,900 x 0.74 x 0.50 35,0)8 250
Amount to be amortised -
$37,40),250
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 4,371 percent.
A - P P - annual payment
P 1 A - amount to be re aid -
i + c P $3704090250
i - interest rate ■ 4.371%
C - amortization coefficient for 49
years - ,006125257063
_ $373409,250 - P
P - 1
0.04371 i 0.006125257063
20.06611501P $37,409,250 - P
f 21.06611501P - $310409,250
P $1,775,802.04
P4iture water a'.ys1 Aubrey Lake amount to be amortized
~ I S35t018,250
f &teed on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 4.371 percent.
A - P P - annual p. 1 payment
A - amount to be repaid - $350018,250
i + c i - interest rate ■ 4.371%
c - amortization coefficient for 49
535.018,25Q - p Years ,006125237063
P 1
0.04371 + 0.006125257053
20.06611501P - $35,018,250 - P
21,06611501P - $3500180250
P - $1,662,302.23 '
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Contract No. UACW63-75-C-0000
AUBREY ull"li
PAYlfJ-.R-' f.CIIliDU1,E
Yq• PAYUNT T3 PAY4;,l*lT T7 T0TAL :3A 1.4t11'S
NO. INT£'1£ST P2I'ICI?AL PAY:IINT 1)
37409?50.00
1 0.00 177580?..04 1775302.04 35633447.06
2 1557538.01 218264.03 177530?.0/ 35115133.1 1
3 1547997.69 22780/1.35 1775303.01 351'M79.5'3
4 1533040.36 ?37761.69 1775503.04 34949-517.90
5 1527697.50 24Ir5154.24 1775102.04 34701463.06
6 1516800..93 259001.06 1775802.01 3444?15'?.%,l
7 1505480.04 270322.00 1775302.04 34172113.50
8 1493564.27 282137.77 1775802.01 3399000'2.?3
9 1481332.02 294470.02 1775302.04 33595532.91
10 1468460.74 307341.30 1775302.04 33233191.51
11 1455026.F35 320775.19 1775332.04 3?967410.32
12 1441005.77 331796.27 1775502.04 3?633620.05
13 1426371.82 349430622 1775802.04 32233139.33
14 1411098.23 364703.81 1775802.04 319184°5.02 /
15 1395157.02 380645.02 1775802.04 31537441.33
16 1378519.03 397283.01 1775802.04 31140557.99
17 1361153.79 414648.25 1775802.04 30725909.74
013 1343029.51 432772.53 1775302.04 30293137.21
19 1324113.03 451689.01 1775802.04 29643443.20
j 20 1304369.70 471432.34 1775802.04 29370015.86
21 1283763.39 492033.65 177500204 281377977421
I 22 1262256.38 513545.66 1775802.04 28364431.55
23 1239809.30 535992.74 1775802.04 27028439.31
24 121 6361 .06 559420.98 1775802.04 2727 r).11 7.8'3
25 1191928.77 583873.27 1775802.04 26Wj144,55
i 26 1166407.67 609394.37 1775802.04 26075750.19
27 1139771.04 636031.00 1775902.04 25439719.19
28 1111970.13 663831.91 1775802.04 24775387.23
29 1082954.03 692848.01 1775802.04 24083039.27
30 1052669.65 723132.39 1775802.04 23359906.83
31 1021061.53 754740.51 17?5802.04 2605166.37
32 988071.82 787730.22 1775802.04 21817436.15
33 95364003 822161.91 1775802.04 20995274.24
34 917703.44 858093.60 1775802.04 20137175.64
35 860195095 895606.09 1775802.04 19241569.55
36 841049.01 934753.03 1775802.04 18306516.52
37 800190.95 975611.09 1775902.04 17331205.43
38 757546.99 1018255.05 1775802.04 1631?950.33
39 713039.06 1062762.98 1775802.04 152501;7.40
40 666585.69 1109216.35 1775802.04 1410971.05
41 61810104 1357700.20 1775902.04 12983270.35
42 567493.77 1208303.27• 1775802.04 117''4967.53
43 S1448Z.83 1261118.21 1775802.04 10513849.37
44 459560.35 1316241.68 1775802.04 9197637.69
45 402027.43 1373774.61 1775802.04 7823833.08
46 341979.74 1433822.33 1775802.04 6390010.79
4'7 27930707 1496494.67 1?75302.04 4593516.11
48 213895.59 1561906.45 1775302.04 3331609.65
49 145624.56 1630177.38 1775802.04 1701432.23
50 74369.60 1701432.25 1775801.88 0000
Ask 0
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Conttccr :'o, DACS753-7,-C_UOOO
&U RCy )A*
FY.11''_•JRIT C
ASSU'W.lCE Or COJPLIA11C.- '.J1T11 'f HE
DEPAR'fI1l1rT Ul' DEr'l:t„5F, 1)IPk4'IVE UidDE
TITLE VI OF 771E CIVIL P,
fiIGll'1'.S ACT OF 1964
The City of Dallas, Dallas County, Texas
(hereinafter called "Applicant- Recipient")
comply with title VI of the Civil Rhts A~tfFR):BY AGREES 7'fiAT it will
and all requirement, imposed b or g of 1964 {Public Law 88-352)
purnn
Department of Defense (32 CPR Part 3
00~ sUis:,, ec 0 as the DiDeparrectmenttive of of the
Defense
Directive 5500 11, Decembc-r 28, 1964) issu.r pirsuant to that title, to the
end that, in accordance with title VI of 0.tt the Direct no
f person in the United States shall, on the c•roundtofnrace, ccolor,ior'nation
origin be excluded from participation in, F., denied the benefits of, or be
otherwise subjected to discrimination uncle any program or activity for
which the Applicant-Recipient receives Fede_al i;,sncial assistance from
the U. S. Army Corps of Engineers and HEREBY CIVF.S ASSMANCE TT it
Immediately take any measures necessary to effectuate thisagreement,will
If any real property or structure thereon is provided or improved
aid of Federal financial assistance extende3 to the Applicant-Recipienttby
the U. S. Army Corps of En8ineers, assurance shall obligate the Applicant-
Recipient, or in the case of any transfer ol ouch property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial asst
pur ose stance is extended
U Involving the provision of similar ser, fees or benefits. another
personal property is so provided, this assurance shall obligate thef any
APplicant-Recipient for the period during which it retains ownership or
possess.on 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 ASSURAKCg Is
j' obtainin AS en given in consideration of and for the purpose of loans or othergFederaldfinancialrassistance extendedoafter the date hereof
I . Property, discounts
Applicant-Recipient b wh ch
g installment payments after
such date on account OftarrangementstfornFedc-ral financial assistan et the
were approved before such date.
The Applicant-Recipient recognizes and agrEas that such Federal assistance
will to extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
C-1,
.
owl
Judicinl enforcement of this assurance. This assurance is
Appllcant-1;eciPirnt, SCE succcssor birnlinl; on the
arson or s, tran„ferep. c,nd an~iF,nec's, and the '
assurance onrbehalfllofethelApplicantPlccipient.~ arc authorized to si.rn this
THE CITY OF DALLAS, TEXAS
Dated
j $Y
GEOR_GE R• ,SEJRADEP,
City Manager
i
(Hailing address)
ATTEST:
I
11 HAROLD c. sllAltx
Secretary, City of Dallas, Texas '
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~9lW.R. • 1 •
MM]
Contr.ut No. DAM63-75-C-0000
AUERIiY LAYr
EXA33T D
OPINION OF COUNSEL
I hala reviewed and approved contract number DACW63-75-C-0000 betw:cn.
the UNITCD STATES Or MERICA and Cie CITY OF DALLAS, TEXAS,
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 Dallas, Texas
-has the requisite legal authority to enter into and comply with this
k
agreement as required by the aforementioned statute.
a
dote) N. ALFDC SICKLEY
I
City Attorney
I City of Dallas, Texas ,
t
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Contract No, DAM.163-75-C-0000
DRAB'
CONTRACT BETWEEN Tlll' UNIT):D STATES OF A'.rtrJCA
AND
211E CITY OF DUMN) TEXAS
FOR
WATER STORAGE SPACE 734 AUBMY AHD LYMSVILLE LN=F TEXAS
T11IS CONTRACT, entered into this day of 1915 b and
between the United States of fwerica (hereinafter called the Government),
represented by the Contracting Kficer executing this contract, and the
City of Denton, Denton County, Texas (hereinafter called the City),
WITNESSET'11 21LAT:
W11ERL.S, the River and Harbor Act of 1965 (79 Stat, 1091) authorized
the construction, operation, and maintenance of Aubrey Lake (hereinafter
called the Project) on the Elm Fork of the Trinity River in the State of
I Texas; and
WHEREAS, the Project will include storage for flood control which will
permit the transfer of flood control storage to the Project from Lewisville
Lake (immediately downstream from the Project) and make available in
Lewisville Lake an equivalent amount of storage for additional water supply
for municipal and industrial uses; and
I k
WHEREAS, the City desires to contract with the Government for the use of
storage included in the Project 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 Water
Supply Act of 1958, as amended (43 U.S.C. 390b); and
. 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 U.S,C. 1962d-5b);
NOW, THEREFORE, the Government and the City agree as followat
ARTICLE 14 Water storage s ace.
a, Protect construction. The Government, subject to the directions of
Federal law and any limitations imposed thereby, shall design and construct
f the Project so as to include therein 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.
be Rights of the City,
(1) The City shall have the right to utilize (a) an undivided
26.0 percent (estimated to contain 194,800 acre-feet after adjustment for
Ry
,
sediment deposits) of the total storage space in the Project betucen
elevations 550,0 feet above mean sea level and 632.5 feet above mean sca
level, which total storage space is estimated to contain 749,200 acre-feet
after adjustment for sediment deposits, and (b) an undivided 26,0 percent
(estimated to contain 35,900 acre-feet after adjustment for sediment deposits)
of the total storage space in Le-Usville 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 138,000 acre-feet after adjustment 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 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
which the City has a right to utilize is for present use water storage, and
50 percent (an estimated 97,400 acre-feet) is for future use water storage.
(2) The City shall have the right to withdraw water from 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 lc and to the extent
the aforesaid storage spaces will provide; and shall have the r.eht to
construct all such works, plants, pipelines, and appliances as may be
necessary and convenient for the purpose Of diversions or withdrawals, subject
to the approval of the Contracting Officer as to deign and location. The
• grant of easements for right-of-way across, in, and upon land of the Government
f at the Project and at Lewisville Lake shall be by a separate instrument in a
f form satisfactory to the Secretary of the Army, without aiditional cost to
1 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 the Project and Lewisville Lake binds 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
y water in the Project to elevation 632.5 feet above mean sea level and to
lower the water in Lewisville Lake to elevation 522.0 feet above mean Lea
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.
i
d. Quality or availability of water. The City recognizes that this
contract provides storage space 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 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 water rights needed for utilization of
2
f the storages provided under this contract. The Government 611,111 nut be
responsible for diversions by others, nor will it become a party to any
controversies involving the use of the st.)rage spaces by the city except as
such controversies may affect the operations of the Government,
ARTICLE 3. j, ratfon and maintenance, The Government shall operate. and
maintain the Project 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 diversion or
withdrawal of water from 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 Governrocnt, suitable meters or
measuring devices satisfactory to the Contracting Officer for the measurement
of water which is withdrawn from the Project or Lewisville Lake by any means
other than through the Project or Lewisville Lake outlet works. The City
shall furnish to the Government monthly statements of all such withdrawals.
Releases from the water supply storage spaces through the Project or Lewisville
Lake outlet works shall be mau in accordance with written.schedules furnished
by the City and approved by the Contracting Officer and shall be subject to
Article lc. 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. Pa ents- In consideration of the right to utilize the
aforesaid storage spaces In the Project and Lewisville Lake for municipal and
j industrial water supply purposes, the City shall pay the following sums to
I the Government:
I~
i a', Pro ect investment costs.
(1) The City shall reps, 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 coati, including interest during 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 fiscal year in which
construction-of the Project is initiated, on the basis set forth in the Water
Supply Act of 19580 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
26 percent of the construction cost of specific water
supply facilities, estimated at
18,672 percent of the total Project joint use 370700
construction cost, estimated at
Interest during construction, estimated at 2X23,324,000
,085,800
Total estimated amount of Project investment cost
allocated to 26 percent of the water supply
g2s,aa7,soo
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p.Ttllt!
Y C]I
(2) The Project Investment cost allocated to the storage spaces
Indicated in Article lb(1) as being provided for present dopmn7l i:r currently
estimated at $13,143,800, on the basis of the coats presented in Exhibit A
I .of this contract. The amount bf t?c Project investment cost allocated to the
( storages for present demand shall be paid in 50 consecutive annual pawaents,
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 pay:wnts 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 .+E
f solely to the retirement of principal, all payments shall include accrued
I interest on the unpaid balance at the rate provided above. The lar;t annual
payment shall be adjusted upward or downward when due to assure repayme^t of
all of the investment cost allocated to the storages for preseni demand within
50 years.
(3) The amount of the Project investment cost allocated ro the
remaining portion of the storage space, that provided 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 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 during this period. The
amount to to paid 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 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
4 h from the tenth (10th) year following the sate 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 and interest for the porting, used must be started, and the
amount of the Project investment cost allocated thereto, with interest to the
unpaid balance as provided above, 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.
(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 theiain shall be made until the actual construction
costs of the Project are determined. When the actual construction costs of
the Pt-2ject tre determined, the annual payments due thereafter will be
adjusted to ;iflect any increase or decrease in the actual costs, 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 use of such storage is started,
and if based on estimated costs will be subject to revision w%en actual costs
are known.
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(5) If the City shall fail to make any o: the aforesaid payments
when due, the., 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 less than one year shall be figured on a monthly basis. Yor
example, if the payment is mzde within the first month after being overdue
(31 to 60 days after the anniversary dati), one month's interest shall be
charged. This rrovision shall not be construed as giving she 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 resul from any default by tt,e 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 rePa
P yment.
b. 14afor capital replacement costs and sedimentation resurvevs costs.
The City will be required to pay 26 percent of the costs for any major capital
replacement of specific water supply facilities at the Project. In addition,
the City shall pay to the Government 8.543 percent of the costs of joint use
major capital replacement items at the Project 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
1 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
increased commensurate with the percentage of the water supply storage being
-jF used up to a total of 17.086 percent of such costs. The City will be required
to pay 9.644 percent of the cost of sedimentation resurveys at the Project
until such time as the storage for future water supply is used. As the
storage provided for future water supply demands is usei, the share of the
sedimentation resurveys cost which the City will be required to pay will be
increased comme,-urate with the percentage of the water supply storage being
I I used up to a totai of 19.287 percent of such costs. The City will be
l~ required to pay 4.060 percent of the cost of sedimentation resurveys at
Lewisville Lake. Payment shall be made either in lump sum or annually with -j~
Interest on the unpaid balance. If paid annually, the first pay~.ent shall
be made vrith 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 costs. The City will be required to
pay 26 percent of the annual experienced operation and maintenance costs of
specific water supply facilities at the Project. In addition, the City shall
pay 7.447 percent of the annual experienced joint use operation and
maintenance costs of the Project until such time as the storage for future
water supply is used. As the storage p ovided for future water supply demands
is used, the share of the annual experienced joint use op-ration and mainte-
uance costs, which the City will be required to pay in a6.ition to the
operation and maintenance costs 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 14.894 percent of such costa. The City will be
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required to pay 1.597 percent of the total annual experienced operation and
maintenance costs, exclusive of the operation and maintenance casts for ]and
management and public utilization, of Lewiwi.llc Lake for the additional
water supply storapc therein. The first payment for operation and mainte-
nance costs 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. The first payment will be for the
period beginning on the date the Project is operational for water supply
purposes and ending on D September following, and will amount to the pro
rata share for this period of the estimated initial annual payment of
$23,036. The second payment, for the ensuing Government fiscal year ending
30 September, in the estimated amount of $23,036, will be due and payable
in advance on 1 October following the date the project .s operational for
water supply 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 di:ierence 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.
ARTICLE 6. Construction cost ad ustments. 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 or
downward by the Contracting Officer when final construction costs become known,
and the contract will be modified to reflect the adjustments.
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ARTICLE 7. '.luration of contract. This contract shall be effective
when approved by the Secretary of the Anny and shall continue in full force
and effect for the life of the Project and Lewisville Lake.
ARTICLE 80 Permanent rights to storage.
Upon completion of payments
by the City, as provided in Article 5a herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law 88-1400
43 U.J.C. 391e), to the use of the water supply storage spaces in the Project
and Lewisville Lake as provided in Article.1, subject to the following:
a. The City shall continue payment of its share, as provided in
Article 5c9 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 the Project 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 Lr.'xe of any necessary reconstruction, rehabilitation, or replace-
ment of Project or Lewisville Lake features which may be required to continue
satisfactory operation of the Project or Lewisville Lake. Such costs will be
1J established by the Contracting Officer. Repayment arrangements, including
schedules, will be .°..a writing and will be made a part of this contract.
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c, Upon completion of paynents by the Cit
herein, the Contracting officer shall redetermine spaces le
municipal and industr~al the storage su 1 y as provided !n Article 5a
PP y,•taking into account such equitable
reallocation of lake storage cap,icitics anion For
rroject and Lewisville Lake as may be necessary purposes served b
findings, and the storage spaces allocated to municlp~lsandrindustrial'wach - Su
Cupplys shall be defined and descrihed in an exhibit which will ter
part of this contract, be made a take storage Following the same principle such reall
f ocaticn of
capacities may be further adjusted from,time to time as the
result r ~dimentatlon resurveys to reflect actual rates of sedimentation
and V bit revised to show the revised storage spaces allocated to
.muricil, •d industrial water supply,
d, The permanent rights of the City under this contract shall be
Continued so long as the Government continues to operate the Project and
Lewisville Lake, In the event the Government no longer operates the Project
or Lewisville Lake, such rights may be continued subject to the execution of
a separate contract, or additional supplemental agreement
(1) 'Continued operation by the city providing for:
as is necessary for utilization of the water suf lush part of the facility
to it; pp y storage spaces allocated
(2) Terms which will protect the public interest; and
(3)
liability Effective a5solvement of the Government by
j in connection with such continued operation, the City from all
I~I ARTICLE 4, Release of cla
ims. The City
Governments including its officers, agents, andhemployeesaharmless tfrom
` liability of any nature or kind for or on account of any claim for damages
y be filed or asserted as a result of the storages in the Project and
Lewisville Lake, or withdrawal or release of water from the Project or
Lewisville Lake, made or ordered by the City operation, of maintenance of the features of ar as a result of the construction, ppu
rtenan
and by the City, rovided, that this shall not be construedces obligatingotheaCit
to hold and save the Government harmless from damages or linbilit
from the sole negligence of the Government or its officers' agents, y
employees and not involving negligence on the y resulting ,
agents cr employees.
part of the City or its
s officers,
ARTICLE 10, Assignment.
contract or an The City shall not transfer or assiL, this
any rights acquired thereunder, nor sub-allot said water supply
storage spaces or any part thereof, nor grant any interest
license whatsoever in connection with this contract, without the approval the Secrets , Privilege, or
ry of the Army, rovided that, unless contrar ublic of
interest, this restriction shat not be construed to &P an y to the public
may be obtained from the water supply storage spaces bypthetCity andter that
furnished to any third party or parties, nor any method of allocation thereof,
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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 therefrom; but this
provision shall :.^t be construed to extend to this contr.irt if mide with a
corporation for its general benefit.
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ARTICLE 12. Covenant2rainst contingent fees. The City warrants that
no person or selling agency has been employed or retained to solicit or
secure this contract upon an 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 City for
the purpose 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 action will be taken
to control environmental pollution which could rest-It 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) reduction of air pollution by control of burning, minimizztion of dust,
i 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
turbid.ty and siltation from erosion; (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 laias,
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 et se q); the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333); and Title 29, Code of Federal Regulationa, 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, 241, 42 U.S.C. 2000d, et seq) and Department of Defense
Directive 5500,11 issued pursuant thereto and published in Part 300 of
Title 32, 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 costs - The initial cost of the Project,
including: land acquisition; construction; interest during construction on
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the value of land, labor, and materials used for planning and construction
of the Project.
co Specific costs - The costs of project features normally serving only
one particular Project purpose,
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d. Interest during construction - An amount of interest which accrues
on expenditures for the establishment of Project services during the period
between the actual outlsy and the time the Project is first made available
to the City for water storage,
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ARTICLE 16. Ap royal. This contract is subject to the written appr
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of the Secretary of the Army, and shall not be binding until so approved oval
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IN WITNESS WHERE02', the parties have exerkted this contract as of the
day and year first above written,
APPROVED., THE UNITED STATES OF A21ERICA
Secretary of the Army ny
X02: ~i. s2;EARD
Colonel, CE
Contracting Officer
Date
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CITY OF DENTON, TEXAS
B
BI L NEU
Mayor
Is Brooks Holt, certify that I am the City Secretary of the City of
Denton County, Texas, named as City herein; that Bill Neu who signedDthisn;
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 Denton, 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 Denton, Texas, this day of
,1915.
f '
i BROOKS HOI.T
Secretary, City of Denton, Texas
t CORPORATE SEAL, ,
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Contract J2p, DAC1463-.75-C-0000
a.UI31tIiY 1.41;~: '
F~:11I:SIT A
I PP,ORIT STOFJt.GF S
In Aubrc Like
Gross Percent Percent of
Elevation E Usable of water
Feature atora
story e Ge 'sable supply
feet msl) acre-feet
) (.icrc-feet)1oraee storn,C
Flood control 632.5-640,5. 265,000(1)
Water supply 550.0-632.5 799,600(2 260980o
200800 5..922
r (City of Dallas) 550.0-632.5 4.178 100.0
(City of Denton) 550.0-632,5 (554,400) (54.891) (74,0)
Totrils 194 800) _(19.287) (26.0
1,064,600 i,01(j,000 100.0U0 )
(1) Includes 4,200 acre=feet sediment reserve.
(2) Includes 50,400 acre-feet sediment reserve.
In Lewisville Lake
Percent Percent of
{ Cross Usable of
Elev.-.tion storage water
F~tt!r~ fee: ms1 storage usable supply
acre-feet) acre-feet stOra a stota e
f ----a
Flood control 522,0-532,0 3411300 1
a ' Nater supply ( 3060700 349825
} Flier 481,0-522,0 648,400 (2) 574,000 65.175
` g lake 481.0-515,0 (464,50U) (436,000) (49,506) 100.0
(City of Dallas) 481,0-515,0
(City of Denton) 481,0-515,0 415,000 47.3122 84 (95.2)
Raised w/a pool 515,0-522,0 (183 900) 21'000 2.384 (4,8)
' (138,000) (15.669) (74.0
(City of Dallas) 515.0-522,0 102]100 11
r (City of Denton) 515.0-522,0 .593 (74,0)
li Totals 35,900 4,07E (26,0
989,700 880 700 100.000 )
(1) Includes 34,600 acre-feet sediment reserve.
( (2) Includes 74,400 acre-feet sediment reserve.
i1 II - PROJECP CONSTRUCTION COST
Estimated Federal construction cost y ,
Estimated nonrpimbursable costs (unallocable) (1) $149,603,000
Estimated project cost to be allocated 5 840!000
Estimated interest during construction on allocable cost 5163,400
Estimated project investment to be allocated 11,6- 11'000 (2)
F $15503140000
(1) Relocation of roads above replacement-in-kind standards.
(2j Interest rate '
- 3.252. Interest rate for reimbursable amounts will be set
as of the beginning of the fiscal year in which construction of the Project
is started.
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t III - ALLOT ATIOY OT C2?75Ti;UCTTON• I??L'EST14rV'f
(Saparablc costs - rcmainiuL bcnetit~ mctho'd)
Water. Recreation and
~i supply fish and wlldlffe Tot.,).
1. Estimated specific .
facilities cost S 1453000 $180703,000
Aubrey Lake (145,000 $ 1848,000
Lewisville Lake } (16 433 000) (16,,578,ODO)
2. Estimated joint use (0) (2,270,000) (21270,000)
facilities cost 89,707,600 351207,400
Aubrey lake (860741,600) (349043,400 124'9150000
Lewisville Lake 2 966 000 ) (120,785,OD0)
164 0
Subtotals - cost $89,852,60
3. ) $53,910,400 (4.1301 000)
Estimated interest $143,763,000
during construction
Aubrey lake 8,022,400 31588,600 1116110000 (1)
Lewisville Lake (79757,300) (3,410,800) (11,1680100)
4. Estimated total (265,100) (177,800) (442,900)
allocation $97,8750000 (2) $57;49900o
Aubrey Lake r $155,374,000
Lewisville Lake (94,6430900) (53,887,200)
(148,5319100)
(3,232,100} (3,611,800) (61842S900)
(i) Interest rate - 3.15X. Interest rate fo
reimbursable as of the beginning of the fiscal year in whichconstructiontofwthe be set
Project is started..
(2) Investment cost to be repaid by:
City of Dallas $720427,500 - 74%
City of Denton 25,447,500 - 26%
$97,875,000
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IV - ALLOCATION OF ESTIMATED OPERATION AND MAINTENANCE COST
Aubrey Lake
Water Recreation and
sA2 l;_ fish and wildlife Total
1. Specific cost $ 41,700
2. Distribution of joint use $435,000 $482,700
cost (percent) 57.283 42.717
3. Allocated Joint use cost 81.600 100.000
4. Total allocation 61.000 142.800
+ $129,500 $496,000 r $625,500
To be paid by the City of Dentonr
26% of specific cost of water supply = $129402
14.594X of project Joint use cost 21.268
Total $33,670 ,
33,670
625,500 x 100 5.383% of total annual operation and maintenance cost;
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"~9•.'ri pJwT'ii~OQ ltillllPhMa.:nn....
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Fxist project Flood Water
control :5
1. Specific cost
2. Allocated joint use cost $1?,261 $ 1,571(1) $18,83?
3. Total allocation 27,072 11558(2) 33(.30
$44,333 $13,129 $57,462(3)
(1) Operation and maintenance
(
2) 4,8X paid by Den ton - $554of,outlet structure exclusively for Dallas,
(3) Exclusive of operation and maintenance costs for land management and
public utilization.
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57,462 x 100
1.0% of total annual operation and maintenance cost,
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Raised water kU~ply popl Flood Water
control supper Total
1. Specific cost
2. Allocated joint use cost $17,261 $ 2,068(1) $19,329
3. Total allocation 23;414 15,216(2)(3) 630
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$40,675 $179254 $5,959(4)
(1) Operation
of outlet structure exclusively for Dallas.
(2) Water supplydatoragenince raised
Water supply storage in existing 574.000
- 1.3165
$ 1,S71 x 1.3165 - $ 2,068 g pool 436,000 . $110558 x 1.3165 - $159216 '
(3) $150216 - $119558 - $3,658 h% of $3,658 - $951
$554 + $951 - $19505
(4) Exclusive of operation and maintenance costs for land management and
public utilization.
M 1 505 x 100 •
57,959 2.597% of total annual operation and maintenance cost,
2,597% - 1.000X - 1,597% of total annual operation and maintenance cost
allocated to Denton for operation and maintenance of the additional water
supply storage in Lewisville Lake.
Sedimentation resurveys:
Raised water supply pool
Foisting projec.: water supply pool 6.46OX
Differenct allocated to additional water su 1 2.400%
PP Y pool 4 , p604 ,
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V - COMPUTATIONS FOR A INUAL PA IMSTS FOR INTEREST AND AM0P'%TJ%ATIO%4
Present water supply:
Lewisville Lake $ 3,231,100 x 0.26 $ 8409100
j Aubrey Lake $94,643,900 x 0.26 x 0.50 12,303,700
Amount to be amortized $33,1430600
Based on 50 equal payments, 49'of which bear interest on the unpaid balance
at the rate of 4.371 percent,
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A - P P - annual payment
P 1 A - amount to be repaid . $13,143,800
i + c i . interest rate a 4.371%
c = amortization coefficient for 49
years . .006125257063
$139143,800 - P
P. 1
+ 0.04371 + 0.006125257063
{ 20.06611501P M $13,143,800 - P
} 21.06611501P - $13,143,800
P n $623,930.90
i Future water supply:
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I? Aubrey Lake amount to be amortized $12,3030700
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 4.371 percent. +
A - p P u annual payment
p . 1 A - amount to be repaid .$12,303,700
i + c ' i . interest rate s 4.371%
c amortization coefficient for 49
years + .006125257063
$12,303,700 = P
P.m 1
0.04371 + 0.006125257063 '
20.06611501P - $12,303,700 - P
21.06611501P w $12,303,700 '
P r $584,051.69 '
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' Contract No. DACW63-75-C-0000
' • AU1S1tCY TAI,
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PAYM.*vl' sCIINbt1T.E
YR. PAYMENT T3 PAY:JE'JT T7 TQITAL 3A LAN GS
N0. INTE3FST P111f4C1?AL PAYMENT D']S
1 13!4330).0)
0100 623930.90 623930.90 1?5t935?.10
2 547243.43 76687.4? 523930.90 12/414
3 543391.47 60039.43 31.1?-?6
4 540392.95 623930.90 12363113.?;
5 536741.50 83537.95 6239.30.90 123,796111. 30
87189.40 6P3930. 90 1?192414.00
6 532930.46 91000.44 63
7 528952.33 3936.?.1 12101-414.4s
j 94978.07 623930.90 12006435.39
8 524801.33 99129.57 623930.90 11907306.92
9 520463.38 103462.52 623930.90
10 515946.03 107984.87 62393 .,2 I1£i03349,43
1 11 511226.42 .90 -1(.~r~5a
1 1 P', 0.4.88 623930.90 11583194.55
is 506299.69 117631.21 623930.S0 11465523..14
13 501158.03 122772997 623930.90 11342750.47
1
4 495791.62 128139.28 623930.90 !1214611.19
I'S 490190,66
16 484344.87 13740.24 623930.90 11083373.95
13•.586.03 623930-90 10.941?34.9.2
17 478243.56 145687.34 623931.90
18 471875.57 10795597.58
19 465229.23 151055-33 623930.90 !0643512.35
20 154701.67 623930.93 ID484340.51
I ' 21 458292.38 165638.5? 623930.9? 1031920?.06
451052.32 1728;8.58
623930.90 101463?3.43 4
22 443495.80 180435.10 623930.90 9965333.33
23 435608.96 108321.92 623930.90
24 427377.43 196553.47 9777516.96
j s 25 418786.08 205144.8? 623930.97 9531012.99
f 26 409819.20 623930.90 9375859.17
27 400460-3g 214111.76 623930.90 9161756..17
j 28 390692.48 223470.5? 623930.90 8935?85.05
2 9 380497-u3 233233.42 623930.91 3705047.53
30 389857.16 243433.27 623930.90 8461614.?6
31 254073674 623930.93 8207540.53
358751.60 265119.30 623930.90 7942361.2?
32 347160.61 276770.29 623930.90 7665590.93
33 335062.98 288867.92 623930.90 73767?3.01
34 322436.56 30149404 623930.90 70752?3.67
35 309259.25 314672.65 623930.90
36 24550:.90 6760556.03
328427.00 623930.90
37 .281148-3E 342792.54 623930.90 6432129-0?
as 266165.33 357765.57 623930990 6089345.43
39 250527.40 373403.50 5731585.91
40 234205.^3 623930.93 5353177.41
41 389724.97 633930.90 4963452.44
217171-36 406759.84 623931.90 0
42 19935'-58 424539.32 456169 ..59
43 180834-97 6? .3930.91 4137153.23
44 161457.28 443095.93 6?3930.90 3694057.35
45 462463.65 623930-90 3231593.7)
141252.96 482677.94 623930-90 2749915.75'
46
47 120155.11 503775.79 623930-93 2245139.97
98135-07 525795-83 623930.90 1719344.14
48 75152.53 548778.37 623930.90
49 51165.43 572765-47 1170555. 7
50 26129.85 623930.90 597810.30
597830.31 623930.15 0000
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Contract 1;o, DACld63-75-C-0000
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AUBREY IAYF.
EXHIBIT C
ASSURANCE OF COMPLIA.ICE WITH Tl]E
DEPARTMENT 01' DEFENSE DL?:1iCT1Vli UI1DF.p,
{ 'TITLE VI OF 711E CIVIL RIGHTS ACT OF 1964
f {j
The City of Denton, Denton County, Texas
(hereinafter called "Applicant-Recipient") HEREBY AGRIM S 711AT 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 300, issued as Department of Defense
Directive 5500.11, December 28, 1964) issued pursuant to that title, to the
i end that, in accordance with title VI of that Act and the Directive, no
perscn in the United States shall, on the ground of race, color, or national
origin bn excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for
which the Applicant-Recipient receives Federcl financial assistance from
the U, S. Army Corps of Engineers bnd HEREBY GIVES ASSURANCE THAT it will
irmuediately take any measures necessary to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
4 } aid of Federal financial assistance extended to the Applicant-Recipient by
i 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 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 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 Federal financial assistance extended alter the date hereof to the
Applicant-Recipient by the Department, including installment payments after
such date on accou:it of arrangements for Federal financial assistance winch
were approved before such date.
The Applicant-Recipient recognizes and agrees that suc`. Federal assistance
will be extended in reliance on the representatious and agreements made
in thih assurance, and that the United States shall have the right to seek
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,judicial enforcement Of this assurance. This assurance is binding an the J
Applicant-Recipient, its.sucdessors, transferees and assignees, and the 1
person or persons whose signatures appear below are nuthoriaed to sign this
assurance on behalf of the Applicant-Recipient,
THE CITY OF DrdiTOV, TEXAS
y
Dated B---------------
I BILL tiEl1
Mayor
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ATTEST:
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BROOKS J10LT
Secretary, City of Denton, Texas
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1 Contract 1do, 1)ACW63-75-C-0000
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AUIIRF~F
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OPINION OF COUNSEL
I have reviewed and approved contract number DAC1163-75-C-0000 between j
the UNITED STATES OF AAIFRICA and the CITY OF DENTON, TEXAS,
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Particularly I have considered the effect of Section 221 of Publir, Law 91-611
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•Gc•C. 1962d-5b) and am of the opinion that the City of Denton, Texas
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has the requisite legal authority io enter into and comply with this
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agreement as required by the aforementioned statute.
t ~ date)
I W. RALPH leANN I
City Attorney
' City of Denton, Texas
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SWFED-PC 18 June Iti75
SUBJEM Aubrey Lake - Final Draf a of Pater Supply contracts
Division Enginetr, Souttomstern
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1. Refer to letter SV.'FED-PC dated 16 January 1975. subject: Aubrey take -
Additional Irata for VcsIVn licr.vrand," Ho. 2 - General and Luca) interests
Participation, with throe Indorsements,
2. Inclosed are subject rolitract draf $T
t he second Indorsonent of
referenced letter approved as a basis for final ne.jotlations tFe contract
drafts subml;tcd 16 January 1975. The in,;iosed drafts Incorporate ti,o
revisions resulting from no;otlattoos with tha cities of Wiles and Denton,
the rovljlons required by the rofcrereed r•vi(m indorsements, and further
{ it revisions proposed by the district.
3. The negotiated revisions desired by the cities are as followse
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a. In Article lb(l), project storages are expressed in terns of gross
storage capacities In lieu of net after adjustment for sedloont deposits.
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b. In Article lb(2), and all subsoquent contract phrases where appli-
cableo the cities are granted the ricjht to transfer mater to and from tha
`rater supply storages In the two takes. This provision Is needod for the
cities to use those lakes, as ray be needed, as part of a proposed futurs
syskem for Intrabasin and Interbastn transfers of water to supply diverse
newts In the north central Texas motroplex area In the most eccoomical manner.
e. Article 5d Is added In the city of Dallas contract at the request
of the city. This language lintts repayment to being made from Dallas'
surplus revenues from waterworks and sanitary saver operation but oxim Its
the city to establish a rate which will Insure that the contract payments
are mot. The city wishes to avoid financing the project as an unconditional
obligation of the city because they believe that by so 4-cc roaslno the
ayailable debt nsrgin of the city the Interest rate .ch would have to be
give; In order to sell future ytneral obligation bosids would be Increased.
Accoriitngly, the city wishes to finance the obligation solely out of rcvarues
of the water and server systan. Financing the present contract out of systaa
I StiFEci-PC iJ Jurne 1975
SULLCT: Aubrey Lnku - Firal crafts of tJatcr Supply Contracts
rcvcrucs !s ux~pllcatcJ by tt,n varicas uv::nants nich the city has given in
Its currently outst~"ndfn;y u~nas, First, the city i;as baj,u; Itself to settlnl
rates and rokiny kayn,enta as follow is
j 'The City will fix tend wafr,tain r.itas for the services of the System,
F %,filch will produce In or,na suiPlcient at all tires to: (1) Fay all
r operotiun, vaintun.iree, dcpreciaticr,, r:_plecc:v,ent and bottormcnt
chard)" (Syst(.rn fund); (1.) Cst:.blish and ;.iaktaln the Special
Watert,orks end Sanit.,tir•) 5c:or Syrtem i:,;vCnue lend ,tetlr%,nrent and
Cuserve Fund (Loud Fc:r,d); (3) Fay the requirur•ents of all other
outstsnding lawful Int1ebtCJn05S against tine System."
All revenues of the system are first placed lit the system fund and are used
to pay till operation end rsalntenurce w:penses of the system. The city is
also rt;quired to maintain the bout fund, tdilch arountr to an escrow account
for the payrrnt of the next rioturln5 stxnlannual v ir4cipal .:nd Interest
j payment plus onn year's avcrc.ye prhirlpil and Interest payments. Any rwnles
left in the systc:r:r fund after dlrciurce of the Wi r.nd botld fund requirements
are defined by the covunants as surplus rev(;"o and r.iy be used for prior
rstircYUent of the bonds or any other city lurpcso, lk4 over, the Dallas city
ehgrtar declares the receipts from the water utilities department to be a
{ 113aered fund" which shall never bo oivertcd to any purpose outside the
utilities system. Therefore, slnca the system fund wears operation and
maintenance expenses and bortd rope,yW631t through the bond fund, the combined
effect of the surplus roveni,a covenant and tfta "sacred fund" charter pro-
vision Is to lhilt the use of surplus revenues for band repaycient or for
capita) expenditure purposes within the system. Tho bond covenants further
require tlwt the city "will riot contract with any portion, first, corporation,
or public Instrumentallty, involving the purchase of rater for tho City or
the disposal of the City's sowato unless: (1) This city's obligation under
such contrect is financed as a capital expenditure; or (2) The City has
secured from an Independent Certified Public Accountant a certificate showing
that for the previous fiscal year the stet revenue of the System Is equal to
at least the mInloum annual payments due uu'er any such contract, and 1,50
times the maximum annual principal and Interest requiranonts of all bonds
thou outstanding which are payable solely from the System's net revenues."
Accordingly, If the present contract Is to be financed out of system revenue,
It roust be treated by tho city as a capital expenaituro and paid out of
"surplus revenue," Over the past 14 years, Dallas has generated surplus
' revenue In each and every year ranging from a low of 4.2 million dollars
to a high of 13.7 million dollars.
J. In Article 70 the last sentence re,jarding project formulation based
h on 100-yesr economic life Is added. The additional language which states
the economic basis upon which the Prv joct was formulated Is added to
give
greater definition to the "life of the project" in thn first sentence of
Article 7 and permanent rights of the city uncsor Article ud, This csunge
was made at the requost of the city of Uallas In an attempt to den.unstrate,
for the sake of present and future bondholders, that the city's rights under
this contract liavo a finito value slml;nr to an equity In a property.
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SilFits-pL
SUdJLCT; Aubrey Lake - Fina! L-rafts of later Supply cifitractsi; Juno 1y/5
4. In part, revisions re,;ulred by the rrvlrwr (r,Jorsw,,vnts of refercrced
letter era zs follows;
a. Tlra previously approved revisi;:n to "krtlcie 53{4) Is incluJud per
If Paragraph W) of the S'Ivkb-T Ist Iu orsW cot,
b. A section is added to rxhlblt A to .i-.rn+ the dcrlvatlcx► of rajor
capital rep)ar,sr)*nts and sedir.,entation resurvuys costs par para;jruph 2b of
the UALN-Wi-H 2d Indors",xint.
I 5. Re,3arding paragraph 2d of tha PAEli-CVt-e 2d lncorsereent, the eeriputation
j i r'"''thod shorn¢ does not account for tin cyst of future recreation facilities
In the project, Our analysis of the eliovrable deferr.,ent Is as follows:
initial construction cost
Construction cost of future recreation facilities $14405(10,00%)
Total estiruted project construction cost h, 45 co
~O 007
Total project cost allocated to water supply
30 percent of total project cost s 14 st x,5oo
00
Local Interests must take for present supply x`23 S
Present supply3 City of Dallas yJD
$34042,662
City of Denton 12 Ovsrsubserlptlav 46 409 300
owing
60 Pertinent to the revisions proposed by the district Is the following
S discussion.
` Aubrey Lake has been formulated on the basis of serving water supply
l\ sod recreation purposes. Although flood protect and fits wi
basin are not Increased by the project, the lakeiwill beSene
for la the
lood
control oleo, Including flood control storage In Aubrey Lake allows for the
transfer of an equivalent portion of the flood control function out of
LL.risvlile Lake to Aubrey L&Pe, This transfer of flood control storogo will
permit the conservation pool level of Lewisville Lake to be raised
Inereasiny the water supply capacity of the two lakes system and the Cecreation
potential opportunities at Lewisville Lake. To permit this storage transfer,
some supplementary construction work must be
because of the Incroased recreation potential done heiLewlavllle Lake, Also,
additional recreation facilities will be developed atLewisvilleeLal(u)nndOCr'ol'
the provisions of Public Law ~9-72, These construatlon costs at Lewisville
Lake are considered to be and areal of the truction of and have been Included In thatformulation studiescInsthe capital develr take
cost of Aubrey Lake, Ths supplar,entery construction cost at Lewisville lake
(not Including pryant
maintenance costs ataAuoreyvLi,ke aretconsldercufto becjointluse costsn and
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18 Juno iJ75
j SUWLLTt Aubroy Lake - Final Drafts of Water Supply Contracts
appl[cable to Aubrey Lrka as servlr% the far:-ulnted functions for o;ater supply
and rccrcatlcm anu hava Uo.or4 dlstrlLutud as such In the cost r~llocctir.~ stuJy
for f,ubrey L:;ko. Bono of tho costs Involved In tha dr
.vclci:.rcnt of ku„r'~y Lake
have been allocated to or ch;•rr,cd to flc:.d roatrol. After owbrey Lalm is
completed and In oinrat[ai, Loilsvillo L:ika tail continuo, as It Is prosently,
to be operated for flc~ol cvvr;rol, hr::tar su{: ly, and recreation, with all
operation and ruinttnance costs Incurred beinej applicable only to Luwlsvil[o
Lake. Operation and h+alnten,:nce of the neat recreation ~cvelo}xnent at
Lewisville Lake will be the responsibility of local Interests.
Reduced flood control .,nd Increased c-inter supply In Lewisville Lake
leads to a presumption that flood control uferetion and calntanonce costs
should deereaso and ti:ater supply operation and maintenance costs :should
1 Ircrease; horevar, an analysis of operation sad maintenance requirements and
costs for the project c'oas riot support this presuf.ptlon. Following is shorn
the porFUnent field personnel campicrwnt operating the Lewisville Lake projects
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Eosin Engineer, GS-13 1/6 Reservoir Haintenance Workerst
Basin EryjIneer's Clerk, GS-05 1/6 Lead Foreman, WS-07 1
Reservoir manager, GS-11 i Uorkers, 4-03 2
Reservoir Ranger, GS-07 3 ibrkers, WG-05 2
Reservoir Rar,•sr, GS-05 1 Laborers, Vfj-03 2
Clerk, GS-05 I
M analysis of personnel requirements at the project when tole conservation
f pool level is raised from 515 feet roman sea level to 522 feet roan sea level
Indicates no essential chance from the current staffing, Itedueing the flood
U control capacity of the lake by about one-third will not materially affect
the basic project staffing requirements or cost of operation of the project
for the flood control purpose. Since the Government will retain operation
end maintenance control of recreation featdros at Lewlsvilla Lake not addea
by the development of Aubrey Lake, t.ie costs assoulated therewith are
expected to ram I In essentially un"nged also.
Water for water supply from Lewisville Lake is released, upon
request from local Interests, under the control and direction of the
district Lake Hydraulics Section. AlthouGih the raised conservation pool will
provide about 25 percent more rater available for rnsnlcipal and Industrial
water supply, we do not anticipate that any significant change will occur
In the level of personnel activity and other operation and maintenance
O argos for water supply.
lie expect the oporating situation and cost of annual operation and
mtalntenance at Lewisville Loko to be essentially unaffected by tine transfer
of storage change In the normal pool level. The cities of Gallas and
Denton are paying under the existing grater supply contracts 22.9 percent
of the total annual operation ind maintenance costs, excluslye of operation
Red seinteeancet costs for isnd management and public utilization, of
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SWFFa?-PC 1d June 1975
5U.bJLCT: Aubrey Lake - Final Prafts of tinter Supply Contracts
Lewisville Lake. Sinco the percent to to maid ,.as estobllshod based on
total proltct operation ona r.'3int.:nance ro ts, any inceaase In costs which
ral Pub possibly develop, Lhc u~.h rat cx+~ ctcJ, vould be shared whit the
Governrr,nt by the cities In an erjultcbic ;grunt.
It may also be roasoned that If Inck,cJ there should be decreased flood
i control operation and tiaintepooce costs anu Increarc s water cuppty operation
and iwintenance costs at Lt-wisville Lake because of the storago transfer
and r,>,d(fied operation for the two purposes, than 5uch costs have also been
transferred to twbrey Lake In the form of th,a costs for operating Aubrey Lake
for flow control. And that thusc costs at Aubrey Lake have been equitably
distributed In the cost allocation analysis, 00 w,3ter suppl; bearing Its
share for Its Increased water supply being node available In Lewisvllla Lake
and recreation bearing Its share because of the hx reased recreation
potential and benefits resulting from the ralsbd pool at Lewisville Lake,
83sed on the above analysis, we believe It to be unnecessary to Include
In the Aubrey Lake contracts any provision for treatment or consideration of
operation and mointenancu costs at Lewisville Lake because these are already.
L reasawbly and equitably covered in existing contracts for Lewisville Lake
E and the financial allocations approved for Aubrey Lake. We believe tho
Inclosed contracts as now composed equitably treat the operation and inOnts-
nanee charges for the two projects.
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7. With consideration for the foragaing discussion tie believe
and 2c of the Witt-ME-3 2d Indorsmant are covered ~to the following revisions
proposed by the district,
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a. The first whereas paragraph Is reworded to define the capital cost
of Aubrey Lake to Include the capital cost required at Lewisville Lake to
develop the Aubrey Lake project. The previous second whereas paragraph Is
delete'.
b. At the and of Article 5a(9), three sentences are added to provide
for annual payments and Interest In like manner to Article 5a(2)o
e. In Articles 5b and 5c the requlrement for payments for Lewisville
Lek* Is removed, and Article 5c is rewritten better to define the operation
and maintenance payments for both present and future.wour supply.
d. Exhlblt A Is revised as follows:
(1j In Section 1, reference to the storages In Lewisville Lake below
elevation $15.0 feet mil Is deleted to avoid the city of WI lasr contention
that the storage conditions of the existing contract GA-41-443-ens-2453 ore
affectod If such storages are referenced fn the Aubrey Lake contracts.
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Mr. Ivers/vvt/2203
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i' St.f [0- PC 18 Juno 1975 /
SOWECT: Aubrey Lake - 11esjI Drafts of 14atur Supply Contracts
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j~ (2) In Section III, footnota (2) is expanded better to defines ttra
Investment cost to be repald anJ to support tho Iao0uago of Articla 5a,
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(3) Section IV Is revised Lotter to shat the operation and malntenanee
costs cc,"putattons. to provide for the ceotilexl of cxiputation of the future
operation and maintenance payments reyulrcxl as stated In Article 5c, and to
r delete Lewisville Luke.
In Section VI (previously Section V), fig»res for future Water supply
krtlcie Artlclo mkos provision for use of thn future
i stay ants arinc itte s since
(q') provides for tho Contract•rrj Offi.er
to furnlsh rcpaymnt schedules as required.
We recoam nd that the Inclosed drafts be approved for presentation to
the cities for approval and execution,
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2 Inc) (quint) JOE H. SHEARD
i. w/s contract draft - Dallas Colohal, CE
I 2. w/s contract draft - Denton District Englnee,
Copies furnished:
j Ook of Couns
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j Prog Dev Or FTT wfo In tl 8AL fED-P
BMSWFGC
~ lRO~ R)FED-G
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HAWKINS SWFEX Q
LTC TRACY 5 D
COL SHEARD S
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MAIL
RETURN To
Coord Sec,
Oil b Gas Bldg
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DRAFT Contract No. DACW53-75-C-0000
CONTRACT BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEUS FOR
WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS
Tt7IS CONTRACT, entered into this
between the United States of America day of 1915 b
represented b (hereinafter called the Cove by and
by the Contracting Officer executing this contract, and ten,
City Denton, Denton County, Texas (hereinafter called the City),
he)
WITNESS SSETH THAT;
VHERF.AS the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat.
1091) authorized the construction
including as a part thereof operation and maintenance of Aubrey
Lewisville Lake Lake,
such supplementary existing
e fromt construction at the will permit
the transfer of ;immediately downstream from the Aubrey dam) as will e
Aubre portion of the flood control storage in Lewisville Lae to
y LSPA and make available in Lewisville Lake an equivalent
storage for additional water supply for municipal and industria amount of
l sea
(hereinafter called the Project) on the Elm Fork of the Trinity River In the
State of Texas; and
+EREAS, the City a eiree to contract with the Government for the use of
li storage included in AuD- Lake and the stora to available is Lewisville Lake for municipaldand industrialewateresupply a
+ for payment of the cost thereof in accordance with the provisions of t
Supply Act of 1958, as amended (43 U.S.C. 390b); and he Water
E ' KMRFA5, the City is empowered so to contract with the Government and
~ L vested with all the necessary
of this contract, including those prequired bycSection 221 offthe the Purposes
Act of 1970 (42 ti S C
~ .1962d-5b),
Flood Con
Control
I' NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1. Water storage
e ace,
a. Pro act construction. '
Federal law and an -The Goverment, subject to the directions of
the Project so as any limitations imposed thereby, shall design and construct
the Pit to include in Aubrey Lake space for the storage of water b
y and space for the storage of floodwaters which will permit the
reallocation of flood control storage in Lewisville Lake to municipal and by
industrial water supply storage,
Is.
AiBhts of the Ci w ,
(1) The City shall have the right
percent (estimated to contain 2070900 acre feetugrossestoragesincluding26,0
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 acre-feet gross storage, including storage for
sediment deposits, and (b) an undivided 26,0 percent (estimated to contain
461200 acre-feet gross storage, including storage for sediment deposits) of
the total storage space in Lewisville Lake between elevations 51510 feet abo';e
rean sea level and 522,0 feet above mean sea level, which total storage space
is estimated to contain 1779600 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 spat.; 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 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 103,950 acre-feet) is for future use water
storage.
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(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 dame, subject to the
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
j 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, thq 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.
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
j lover 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, fnr 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, alt or availabili 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 tha 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
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involving 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 stall 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 lakes and
shall bear all costs of construction, operation, and maintenance of such
installations and facilities.
E ARTICLE 4. ".,asurement 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-
drawn or transferred from Aubrey Lake or Lewisville Lake by any means other
than through Aubrey Lake or Lewisville Lake cutlet works. The City shall
furnish to the Government monthly statements of all such withdrawals or trans-
fers. 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-
ject to Article lc, The measure of all euch 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 municipal and
i industrial water supply purposes, the City shall pay the following sums to
ff the Government: 1
1 a. Project investment costs.
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I (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 Vat construction costs, including interest during 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 fiscal year in which
construction of the Project is initiated on the basis set forth in the Water
Supply Act of 19580 as amended. Such interest rate at the time of negotiation
of this contract (Government fiscal year 1975) is 4,371 percent. The City
shall repay:
26 percent of the construction cost of specific water
supply facilities, estimated at $ 37,700
'8.672 percent of the total Project joint use
construction cost, estimated at 23,3249000
Interest during construction, estimated at 2,085,800
Total estimated amount of Project investment cost
allocated to 26 percent of the water supply $251447,500
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(2) The Project investment cost allocated to the storage spaces
indicated in Article lb(1) as being provided for present demand is ca.rrently
estimated at $139143,800 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 daps after the City is
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
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 adjust-ed upward or downward when due to assure repayment of
all of the investment cost alltcated to the storages for present demand within
50 years.
(3) The Project investment co,t allocated to the remaining portion
of the storage space, that provided in Aubrey Lake 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
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 be determined by multiplying
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 *'r,e 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 csed.
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 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 a=t".r 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 st:rage within the repayment period.
(4) An estimated schedule of annual payments for the storages
provided for present demand is attached as Exhibit H of this contract. The
annual payments as provided therein shall be made until an interim estimated
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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 Conty;icting 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 tanner, 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 tae balance due in equal payments during the
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 use of such storage is started, ana if based on estimated coals
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 less than one year shall be figured on a monthly basis. For
example, if the payment is made within the first month after being overdue
i (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
j 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 equityo
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.
b. Major capita; replacement costs and sedimentation resurveys costs.
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
i
capital tems costs, which the City will be required to pay in addition to the major
Increasedecommensurateswithfththe specific e percentage water
water facilities,
of e the supply
supply i storage lbeing
used up to a total of 17.066 percent of such costs. The City will be required
to pay 9.764 percent of the costs of sedimentation resurveys at Aubrey Lake
latil such time as the storage for future water supply is used. As the
storsze provided for future water supply demands is used, the share of the
sedimentation resurveys costs which the City will he 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
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provided above. If paid annually, the first payment shall be made with the
first annual payment on the Project I ,vestment cost becoming due after the
date said major capital replacement costs or sedimentation resurveys costs
are incurred.
co Annual operation and maintenance costs. The City will be required
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 costs. The first payment for operation
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
period of the estimated annual payment of $23,036 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,
l 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 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
I 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 sun of the first and second payments by the City based on the
estimated costs for the same periods.
* en 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 days after first use of such storage, will
be for the period beginning on the date of said first use and ending on
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 !or present use storage and
will be computed based on actual experienced costa 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 aayment is due and payable
on 1 October, it will be based on the annual joint use cost estimate in
section IV of Exhibit R 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.
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ARTICLE 6. Construction cost adwstments. 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 or
downward by the Contracting Officer when final construction costs become known,
and the contract will be modified to reflect the adjustments.
ARTICLE 7. Duration 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
formulated on the basis of 100 years economic life,
ARTICLE 8. Periaanent rights to storage. Upon completion of payments
by the City as provided is Article 5a herein, 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
and Lewisville Lake as provided in Article 1, subject to the following:
a. The 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 sad (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-
ment of Aubrey Lake or Lewisville Lake features which may be required to
continue satisfactory operation of Aubrey Lake or Lewisville Lake. Such costs
•'1I be established by the Contracting Officer. Repayment arrangements,
iw-lading schedules, will be in writing and will be made a part of this
~`J1 contract.
c. Upcn completion of payments by the City as provided in Article 5a
herein, the Contracting Officer shall redetermine the storage space for
municioal and industrial water supply in Aubrey Lake, taking into account
such e.tuitable reallocation of lake storage capacities among the purposes
served by Aubrey Lake as may be necessary due to sedimentation. Such
findings, and the storage apace allocated to municipal and industrial water
supply, shall be defined and described in an exhibit which will be made a
paic of this contract. Following the same principle, such reallocation of
lake storage capacities may be further adjusted from tip i 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 &a 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 ex,acution of
a separate contract, or supplemental agreement, providing fox;
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(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) Effective absolvemant of the Government by the City from all
liability in connection with such continued operation.
ARTICLE 9. Release of claims. The City shall hold and save the
Government, inclu3ing its officers, agents, and employees,'harmless from
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
Lewisville Lake, or withdrawal or release of water from or transfer of water to
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 of
appurtenances owned and operated by the City, provided, 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, agents, or employees.
ARTICLE 10. Assignment. The City shall not transfer or assigr this
contract or any rights acquired thereunder, nor sub-allot said water supply
storage•spoces or any part thereof, nor grant any interest, privilege, or
license whatsoever in connection with this contract, without the approval of
I 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
my 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, shall be admitted to any share or part
of this contract or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
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
fide established commercial or selling agencies maintained by the City for
the purpose 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,
a..' maintenance by the City of auy•facilities, specific actions will be taken
8
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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) 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
sanitary facilities, storage of fuels and other contaminants, and control of
turbidity and siltation from erosion; (3) minimization of noise levels;
(4) oneite and offsite disposal of waste and spoil; and (5) prevention of
landscape defacement and damage.
ARTICLE 14. Federal and State laws,
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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 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
(Exhibit Q that it will comply with Title VI of the Civil Rights Act of
1964 (78 Stat. 241, 42 U.S.C. 20004 et seq.) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations.
ARTICLE 15. Definitions.
I
a. Joint _use ;Date.
Pro The coats of features used for any two or more
Project Purposes.
b. Project investment costs. The initial cost of the Project,
thIncl e valiue oflland, labor, i and materials i used Interest
for r duringndcoconstructionnstruction of the Project,
C. Specific costs. The costa of Project features normally serving only
one partie ar Project purpose,
d.nditure ints ferestor Burin construction. An amount of interest which accrues
on expe 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. Oproval. This contract is subject to the written approval
of the Secretary o the Armyy, and it shall not be binding until so approved.
9
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IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written.
j APPROVED: THE UNITED STATES OF AMERICA
By '
Joe H. Sheard
Secretary of the Army Colonel CE
Contracting Officer
E Date
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CITY OF DENTON, TEXAS
By
Tom D, Jester, Jr,
Mayor
i, Brooks Holt, certify that.1 am the City Secretary of the City of Denton,
i Denton County, Texas, named as City herein; that Tom D. Jester, Jr. who
S 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 Denton, Texas by authority of its gove'.ning body and is
within the scopa of its legal powers.
IN WITNESS WHEREOF, 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 SEAL
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Contract No. DACU63-75-0-0000
AUBREY AND LEWISVILLE LAKES '
111BIT A
• I -LAKE STORAGES
AubreS Lake
Gross Percent Percent of
Elevation
Feature storage of gross water supply
feet ms1 -(acre-feet) stora e
j . s tors Re
Flood control 632.5-640.5 265 000
Mater supply below 632,5 092
799' 24.108
(City of Dallas ,600 75.108 100,0
) below 632.5 (591,700
) (55,580)
(City of Denton) below 632.5 (74,0)
Totals 207 900 19.528 (26.0)
100649600 100.000
Lewisville Lake
} Gross Percent Percent of
Feature Elevation storage (1) of gross
_ (acr_e feet, water
storagesupply
store e 2
' Flood control 522.0-532.0 3369100
I Water supply 515.0-522.0 177,600 3465.427
.573
(City of Dallas) 515.0-522.0 (131.400) 100.0
(City of Denton) 515.0-522,0 (25.584) (74,0)
Totals 46 200 8.989) (26.0)
5139700(2) 100.000
(1) 1985 condition.
(2) Between elevations 515.0 and 532,0 feet msi.
II - ?IMF" ESTIMATED CONSTRUCTION LNVESTMENT TO BE ALLOCATED
Federal construction cost
Nonreimbursable costs (unallocable) (l) 6149,6030000
Project cost to be allocated --5.840,000
Interest during construction on allocable cost $I9,761,000
Project construction investment to be allocated 11 611 06v (2)
155,3 4,000
(1) ltrlocation of roads above replacement-in-kicd standards,
(2) Interest rate - 3,252. Interest rate for reimbursable amounts will be set
as of the beginning of the fiscal year in which construction of the Project
is started.
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f IEI - ALLOCATION OF ESTIMTED CONSTRUCTION TNvEsTmM
(Separable costs - remaining benefits method]
Water
supply Recreation Totals
1. Specific facilities cost: $ 145,000 $18,703,000 $ 189848,000
Aubrey Lake (14500OG) (16,433,000) (16,576,000)
Lewisville Lake (0) (20270,000) (292700000)
2. Joint use facilities cost: EQ,707,600 3592070400 124,9150000
Aubrey Lake (86,7412600) (340043,400) (120,785,000)
Lewisville Lake _J? a966 009 1 164 000) (4,130,000)
c ! Subtotals - cost $89 852 690 $539916$400 $1430763,000
{ 3, Interest during
c Aesibt=ectLake (1) 8 022 400 395889600 11,611,000
Y (71757,300) (394100800) (1191680100)
Lewisville Lake (265,100) (177,800) (442,900)
4. Total allocation-
investment: $97,8759000 (2) $57,499,000 $155 374 000
Aubrey Lake ,
Lewisville Lake (94,643,900) (53,8879200) (148,531,100,
(392310100) (3,6111800) (6,8429900)
(1) Interest rate - 3,252. Interest rate for reimbursable amounts will be set
as of the beginning of the fiscal year Sn which construction of the
Project is started.
} (2) Investment cost to be repaid by: Lewisville Lake Aubrey Lake Totals
City of Dallas - 74% 2,391,000 $700036,500 $J2,427,5T0
Present water supply (29391,000) (3590189250) (37,409,250)
! Future water supply (0) (3500180250) (35,018,250)
City of Denton - 26% 8409100 249607,400 2594479500
Present water supply (840,100) (12,303,700) (1301439800)
` Future Totals supply (0) (12,303,700) (12,303.700)
$3,231,100 $949643,900 $97,875,000
IV - ALLOCATION OF ESTIMATED OPERATION AND MAINTENANCE COSTS
Aubrey Lake
Water
supply Recreation Total
1. Specific coat $ 470700 $4359000 $4820700
2. Distribution of joint use
cost (percent) 57,283 42,717 100.000
3. Allocated joint use cost 81J00 61.000 142.800
4. Total allocation 1299500 4960000 25,500
i
To be paid by the City of Denton;
i 262 of specific cost for water supply facilities $120402
Aubrey Lake joint use cost:
Present w/a (0,50 x 0.26 x 0.57283 x $142,800) 10 634
Future w/s (0.50 x 0.26 x 0.57283 x $1420600) (1) 10634
r Total $33o670
A-2
(13 Additional annual 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
I00 x 0.50 x 0.14894 x annual joint use cost*
*Estimated or actual, as applicable,
V - ALLOCATION OF ESTIMATED MAJOR CAPITAL REPLACEMENTS
COSTS AND SEDINMNTATION RESLIRVEYS COSTS
L. Major capital replacements coats: (1)
Au_ brey Lake
Water
i, Specific coat su I Recreation Total
2. Distribution of joist use coat 1.100 $10` 800 $108,900
3. Allocates joint use cost (percent) 65.714 34.200 100.000 86 4. Total allccatioa 2 300 1.200 3.500
3,400 y209,000 $112,400
To be paid by the City of Denton:
26X of specific cost for water supply facilities
Aubrey Lake joint use cost: $286
Present w/o (0,50 x 0.26 x 0.65714 x $3,500)
Future w/o (0,50 x 0.26 x 0.65714 x $3,500) (2) 299
Total 299
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1 (1) Estimates of average annual charges are used for determination of
Lj allocated percentages. All charges will be based on the indicated per- 1
centages of actual costa if and when they are incurred,
(2) Additional amounts of joint use crat 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
100 x 0.50 x 0,17086 x actual joint use coat
8. Sodimentation resurvero W
Aubrey Lake
Sedimentation resurveys costs allocates
the City of Denton are -d to water supply and to be paid by
based Lake representedbythe n
stothe rage rright gof thehCityoss storage in
of thia Exhibit A.
Y - nee sestina I
Present water supply • ij x 19,5282 a 9.764%
Future water supply Percent of future w/o
stora a laced in use
loo x 9.7642
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VI - OOMPUTATIONS FOR AN:QL'AL PAYMENTS FOR INTEREST AND AMORTIZATION
Present water supply;
Amount to be amortized:
Lewisville Lake $ 3,231,100 x 0.26 $ 8409100
Aubrey Lake $94,643,900 x 0.26 x 0,50 12 303 700
Total 13,143,800
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
r \E1 at the rate of 4,371 percent.
i P A- P Where: P- annual payment
A - amount to be repaid - $13,143,800
i + c i - interest rate - 4,3712
I
c - amortization coefficient for 49
years - 0.006125257063
$13.143,800 - P
p - 1
0.04371 + 0,006125257063
20.06611501P - $13,143,800 - P
21.06611501P - $13,143,800
P - $623,930.90
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Contract No. DACW63-75-C-0000
AUBREY A!-'ILL
qW.TSITLLE LAKES
EXHIBIT B
PAYM£~T SCHEDULE
YR. ?AY'4E"1T T3 ?A`.AT'IT TIR TIT1L
N2. INTE't-ST ?RINCCIII1L oA. DUE
„YIs.I. T?~
1 13143300.00
0.00 623937.90 623937.97 1^51935?.l7
2 547243.43 76637.4? 5?3130.90 12443131.6?
3 543391.47 60039.43 623930.97 Io-
4 540392.95 83537.95 6? c 123631-x_._?1
5 536741.50 87189.47 3 30.90 14.30
6 53293x.45 91003.44 633939300.90 12311924924114.40
9 f
45
7 528952983 94978.07 623930.90 12[0[4.3
8 524801.33 99129.57 62.97 120064366.39
9 520463.38 103462.52 ,3930.99 11907306.3?
10 515946.03 107984.87 623930.90 11695359.43
11 511226.02
112704.33 623930.91 11583154.55
12 506299.69 117631.21 633930.90 11465533.34
13 501158.03 122772.97 623y200.90 11342750.47
14 49S791.62 128139.28 623930.90 11214611.19
1.5 490194-66 133740.24 623930.90 11087370.95
16 484344.87 139586.03 623933.90 10941?34.92
17 478243.56 145587.34 623931.90 10795597953
18 471875.57 152055.33 623930.93 10643542.25
19 465229.23 153701.67 623937.9? 10484340.53
f 20 458292.38
k 21 451052.32 165638.52 623930.90 10319202.06
22 443495.80 172878.58 623930.90 101463?3.43
i 23 180435.10 623930.90 9965338.39
E 24 4
435608*98 27377.43 188321.92 623930.90 9777566.46
196553.47 623930.90 9581012.99
25 418786.08 205144.6? 623930.90 9375869.17
26 409879.20 214111.70 623930.90 9161756.47
27 40046048 223470.5?
~ 28 390693.48 ~ 6_o3930.90 8934285.95
2 9 380497.63 233238.4. 623930.91 3705047.51
243433.27 623930.90 8461614.26 !
30 369857.16 254073.74 623930.90 8207543.52
j 31 358751.60 265179.30 623930.90 7942361.2?
32 147160.61 276770.29 6?3930.90 7665591.93
33 335052.98 288867.92 623930.90 7376723.01
34 322436.56 301494.34 623930.90 35 309254.25 314672.65 7075225-0
2
36 295503.90 6_3930.90 6760556.03
37 28!148.36 32842,.00 623930.90 6432129.0?
38 266165.33 357765.57 623930.90 57311580.91
39 250527.40 373403.53 633930.90
40 234205.93 389724.97 5353177941
41 217171.06 6-23930.90 4968452.44
42 199391.56 4067S9.84 623977.90 4561691.50
43 180$34.97 424539.32 623930.91 413715.1.23
44 161467.25 443095.93 623930.90 369405!.35
45 462467.65 623930.90 3231593.70
141252.96 482677.94 623930.90 2749915.76
46 120155.1i 50377509 623930.90 23
47 98135.07 525795.83 45139.97
4 7
8 52-S3 75135.07 623930.90 1719304.14
49 51165-43 548778.37 623930.90 1170565-7?
4 572755.47 623933.90 5914:0.30
26129.85 597833.33 623930.15
0.70
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Contract No. DACW63-75-0-0000
AUBREY AND LEWISVILLE LAKES
n.BIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE V: OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texts (hereinafter called "Applicant-
Recipient") 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 3000
Issued as Department of Defense Directive 5500.11, December 28, 1964)
Issued pursuant to that title, tc 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 for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
' HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement.
I
If any real property or structure thereon is provided or improved with the
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, auy transferee,
U for the period during which the real property oc 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 eny
personal property is so provided, this assurance shall obligate the
Applicant-Recipient fer the period during which it retains ownership or
possession of the property. In all other cases, this assurance stall
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 Federal financial assistance extended after the date hereof to the
Applicant-Recipient b- the Department, including installment payments after
such date on account ;ot arrangements for Federal financial assistance which
were approved before such date,
The Applicant-Recipient recognises 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-1
judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient. its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
i
Dated By
Tom D. Jester, Jr.
Mayor
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ATTEST:
i
Brooks Holt
{ Secretary
City of Denton, Texas
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Contract No. DP.CW63-75-C-0000
AUBREY AND LEWISVILLE LAKES
i -
EXHIBIT D
OPINION OF COUNSEL
E I have reviewed and approved contract number DACW63-73-C-0000 between
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the United States of America and the City of Denton, Texas.
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
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
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Dated
Paul C. Isham
City Attorney
City of Denton, Texas
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D RAFT Contract No. DACW63-75-C-0000
CONTRACT BETSTM THE UNITED STATES OF AMERICA
ADD
THE CITY OF DALLAS, TEXAS
FOR
WATER STORAGE SPACES IN AUBREY AND 1EWISVILLE 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:
WHEREAS, the River and Harbor Act 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 existing
Lewisville Lake (immediately downstream from the Aubrey dam) as will permit
the transfer of a portion of the flood control storage in Lewisville Lake to
Aubrey Lake and make available in Lewisville Lake an equivalent amount of
storage for additional water supply for municipal and industrial uses,
(hereinafter called the Project) on the Elm Fork of the Trinity River in the
State of Texas; and
WHEREAS, the City desires to contract with the Government for the use of
storage included in Aubrey Lake and the additional storage to b^ made
i available in Lewisville Lake for municipal and industrial water supply and
for payment of the cost thereof in accordance with the provisions of the Water
Supply Act of 1958, as amended (43 U.S.C. 390b); and
1 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 U.S.C. 1962d-5b);
NOW, THEREFORE, the Government and the City agree as followst
ARTICLE 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 Tight to utilise (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
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 74.0
131,400 acre-feet gross storage, including percent (estimated to contain
storage for sedimeits of
the total storage space in Lewisville Lake b
etween elevationsn515.0ofeet)above
mean sea level and 522.0 feet above mean sea level, which total storage space
is estimated to contain 1779600 acre-feet gross storage, including storage for
sediment deposits.' The storage apace in Lewisville Lake is to be used to
impound water for present demand or need for municipal and indt,striai water
the storaya orppresent and ineedss to a nd water
water supply. In Aubrey Lake, 50 percent (an estimated 295,850acre-feet)sofial indu
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
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
F provisions of Article lc and the extent the aforesaid storage spaces w!ll
provide, and shall have the right to construct all such works, plants, pipelines,
and appliances as may be necessary and convenient for the
purpose
or withdrawals, subject to the approval of the Contracting Officer oasttonsfers
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 Army,
without additional cost to the City, under the authority of ana in accordance
4 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.
c. Rights reserved
water in Aubrey , The Government reserves the right to lower the
rey Lake to elevation 612,5 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. 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, P.egulation 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
diversions by others, nor will it become a party to any controversies
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involv_ng the use of the storage spaces by the City except as such contro-
versies may affect the operations of the Government.
ARTICLE 3. 2peration and maintenance. The Government shall operate and
maintain 'ubrey 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 lakes and
shall bear all costs of construction, operation, and maintenance of such
installations and facilities. {
ARTICLE 4, Measurement of withdrawals and releases. T t
furnish and install, without cost to the Government, suitableemetersaog=ees to
measuring devices satisfactory to the Contracting Officer for the measurement
of water which is transferred into Aubrey Lake or Lewisville Lake or is with-
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
furnish to the Government monthly statements of all such withdrawals or trans-
Pers. Releases from the water supply storage spaces through Aubrey Iake or
Lewisville Lake outlet woks shall be made in accordance with written schedules
furnished by tbi City and approved by the Contracting Officer and shall be sub-
E Ject to Article Ic. 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.
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ARTICLE 5. Pa meats, In consideration of the right to utilise the
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 Government=
i a. Proleet 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
structi n,al ocatedtto theswateristoragesrighttsuacquired e by s he 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 thavHaca_1'year in"Which
construction of the Project is initiated on the basis set forth in the Water
Supply Act of 19580 as amended. Such interest rate at the time of negotiation
of this contract (Government fiscal year 1915) is 4.371 percent. The City
shall repay;
74 percent of the construction cost of specific water
supply facilities, estimated at $ 1076300
53.143 percent of the total Project joint use
construction cost, estimated at 6603830600
Interest during construction, estimated at
51936, 608
Total estimated amount of Project investment cost
allocated to 74 percent of the water supply $7294270500
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• (2) The Project investment cost allocated to the storage spaces
indicated in Article lb(1) as being provided for present demand is currently
estimated at $37,404,250 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 w;Cer supply purposes. Annual payments thereafter will be
due and payable on the anniversary date of said notification by the
Contracting Cfficer. Ex:ept 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
50 years.
(3) The Project investment cost allocated to the remaining portion
of the storage space, that provided in Aubrey Lake for future use, is currently
estimated at $35,018,250 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 be determined by multiplying
the percentage of the total storage for future water supply which is placed in
h 3 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 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
i 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 annuali.y
and added to the principal amount. When any portion of the storage for future
water supply is used, payment in born 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 Pruject 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.
(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
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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 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 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
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 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 less than one year shall be figured on a monthly basis. For
example, if the payment is made within the first month after being overdue
(31 to 60 days after the anniversarv date), one month's interest shall be
I charged. This provision shall not be construed as giving the City a choice
I 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.
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(6) The City shall have the right at any time it so elects to prepay
j i the indebtedness under this Article 5a, in whole or in part, with accrued
N interest thereon to the date of such prepayment.
b. Major-capital replacement costs and sedimentation resurveys costs.
The City will be required to pay 74 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 costa 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
increased commensurate with tFe 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 share of the
sedimentation resurvey& 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 coats. Payment shall be made
either in lump sum or annually with interest on the unpaid balance at the rate
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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 tests or sedimentation resurveys costs
are incurred.
c. Annual operation and maintenance costs. The City will be required
to pay 74 percent of the annual experienced operation and maintenance costs
of specific water supply facilit:r3 at Aubrey Lake. In addition, the City
shall pay 21,195 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,
I the share of the annual experienced joint use operation and maintenance costs,
I 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 42,389 percent of such costs. The first payment for operation
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
ff 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 estimated 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
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
purposes. Annual payments t-iereafter, for each Government fiscal year ending
E 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 Ls 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 days after first use of such storage, will
be for the period beginning on the date of said first use and ending on
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 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 t'nould 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 estimate in
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.
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d. Assurance of funds for contract pav~aents, The Government agrees
that all payments contracted hereunder shall be secured solely by a pledge of
surplus revenues of the City's combined waterworks and sanitary sewer system
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 r')nnection with the City's Waterworks and Sanitary Sewer
System Revenue Bonds now outstanding or those hereafter issued on the same
f~ basis as the outstanding bonds or on such other basis as may be approved by
the Contracting Officer. The City agrees to fix and collect such razes and
1 charges for services of said combined system as will, in consideration of
any other funds legally available and reasonably assured for the purposes,
make possible the prompt payment of all the aforementioned requirements
including payments contracted hereunder. Payments made by the City as Project
investment cost and as major capital replacement costs and sedimentation
resurvey costs shall be regarded as capital expenditures.
ARTICLE 6. Construction cost adjustments.
All construction cost dollar
amounts in this contract, including those is the Exhibits, are tentative only
based on the Government's beat 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 ARTICLE 7. Duration 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 nude available in Lewisville Lake have been
formulated on the basis of 100 years economic life.
ARTICLE 8. Permanent ri hts to storage. Upon completion of payments
I by the City as provided is Article 5a herein, 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
and Lewisville Lake as provided in Article 1, subject to the following:
a. The City shall continue payment of its share, as providtJ in
Article Sc, 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-
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 arranpenents,
including schedules, will be in writing and will be made a part of this
contract,
e. Upon completion of payments by the City as provided in Article 5a
berain, the Contracting Officer shall redetermine the storage space for
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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 sedimentativa. Such
findings, and the storage space allocated to municipal and industrial water
supply, shall ie defined and described in an exhibit which will be made a
part of this r atract. Following the same principle, such reallocation of
lake atorah- zapacities may be further adjusted from time to time as the
result it sedimentation resurveys to reflect actual rates of sedimentation
and thf. 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 for:
operation (1) Continued b h y of such part of the as is necessary for utilization of the water supply storage spaces allocated
to it;
(2) Terms which will protect the public interest; and
Effective abs,ilvement of the Government by the City from all
E liability in connection wita such continued operation.
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ARTICLE 9, Release of claims, The City shall hold and save the
j 1 Government, including its officers, agents, and employees, harmless from
liability of any nature or kind for or on account of any claim for damages or asserted as a ' z Lake LeewisvillebLake, or withdrawal
or releasetoffwatersfromgor is Aubrey of wa and/or
or from Aubrey Lake or Lewisville Lake made or ordered bytheaCity, or is a
result of the construction, operation, or maintenance of the features orA_/
appurtenances owned and operated by the City, rovided, that this shall not-be
construed as obligating the City to hold and save the Government karmless
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, agents, or employees.
ARTICLE 10. Assignment, The City shall not transfer or assign this
contract or any rights acquired Php tinder, 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 appruval 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 and
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, r resident Commiasioaer, shall be admitted to any share or part
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of this contract or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
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 agreem_nt 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 City for
the purpose 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 co,itract price or consideration or
otherwise rec.:',ar the 'lull 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 comply with applicable Federal, State, and local laws and regulations
concerning environmental p4 lution, 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 frog 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) onsite and offsite disposal of waste and spoil; and (5) prevention of
landscape defacement and damage,
q I ARTICLE 14, Federal and State laws.
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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 Davie-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
(Exhibit C) that it will comply with Title VI of the Civil Rights Act of
1964 (73 Stat, 241, 42 U.S.C. 2000d et seq.) and Department of Defense
Directive 5500,11 issued pursuant thereto and published in Part 300 of
Title 32, 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 costs. The initial cost of the Project,
including: land acquisition; construction; interest during construction on
the value of land, labor, and materials used for planning and construction
of the Project,
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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
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.
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IN WITNESS WHEREOF, the parties hereto bave executed this contract as
of the day and year first above written.
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APPROVED: THE UNITED STATES OF AMERICA
Bq
Joe K. Sheard
rte-- Secretary of the Army Colonel, CE
Contracting Officer
Date
a -
CITY OF DALLAS, TEXAS
87►
George R. Schrader
City Manager
I, Harold G. Shank, certify that I as the City Seciatarq of the City of
Dallas, Dallas County, Texas, named as City herein; that George R. Schrader
j { who signed this contract on behalf of the City of Dallas was then City !tanager
I of the City of Dallas, Texas; that said contract was duly signed for and on
f behalf of the City of Dallas, Texas by authority of its governing body and
hI is within the scope of its legal powers.
k IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said City
of DalL i, Texas this day of 1975.
Harold G. Shank
Secretary
City of Dallas, Texas
CORPORATE SEAL
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Contract No. DACW63-~-C-0000
AUBREY AND LEWISVILLE LAKES
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EXHIBIT A
I - LAKE STORAGES
Aubrey Lake
Gross Percent Percent of
Elevation storage of gross water supply
Feature feet msl (acre-feet) storage storage
Flood control 632.5-640.5 265,000 24.892
Water supply below 632.5 7996600 75.108 100.0
(City of Dallas) below 632.5 (5910700) (55.580) (74.0)
(City of Denton) telow 632.5 (207,900 19.528 (26.0)
Totals 3.90649600 100.000
+ Levisville Lake
' Gross Percent Percent of
Elevation storage (1) of gross water supply
Feature (feet mal) (acre-feet) storage(2) storage
i Flood control 522.0-532.0 3369100 65.427
1 Hater supply 515.0-522.0 177,600 34.573 100.0
(City of Dallas) 515.0-522.0 (1319400) (25.584) (74.0)
(City of Denton) 515.0-522.0 (46,200 ) (8.989) (26.0)
Totals 513,700(2) 100.000
(1) 1985 condition.
(2) Between elevations 515.0 and 532.0 feet mal.
II - PROJECT ESTIMATED CONSTRUCTION INVESTMENT TO BE ALLOCATED
Federal construction cost $149,6030000
Nonreimbursable costs (unallocable) (1) 5,340000
Project coat to be allocated 143.763,000
Interest during construction on allocable cost 11,611,000 (2)
Project construction investment to be allocated 15 ,3 ,000
(1) Relocation of roads above replacement-in-kind .'andards.
(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.
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III - ALLOCATION OF ESTIMATED CONSTRUCTION IA'VESTML.a
(Separable costs - remaining benefits method)
Rater
supply Recre tion_ Totals
1. Specific facilities cost: S 145,000
Aubrey Lake (1450000) $16,703,000 $ 18,848,000
Lewisville Lake (O) (16,433,000) (16,578,440)
29 Joint use facilities coat: 84,107,600 (2'270'000) (2,270,000)
Aubrey Lake (86,741,600) 35,207,400 124,915,000 f
n Lewisville Lake 2 466 000 (34.043,400) (120,785,000) 4
Subtotals - cost 1 164 000) (4,130 000)
3. Interest during $89,852,600 $539910040C $143o7630000
construction: (1) 80022,400
Aubrey Lake 39588,600 11,6111000
Lewisville Lake (707579300) (39410,800) (111168,100)
4, Total.allocation- 265 100) 117 800) 442 900)
~ investment-
Aubrey Lake $9798750000 (2) $57,4996000 $1550374,000
Lewisville Lake (94.643,900) (53,8879200) (14895313100)
(3,231,100) (3,6110800) (608420900)
(1) Interest rate - 3,25X. Interest rate for reimbursable amounts will be set
as of the beginning of the fiscal year in which construction oc the
Project is started.
(2) Investment cost to be repaid by: Lewisville Lake Aubre Lake Totals
City of Dallas - 742 Preaeat water supply 2,391,000 70,036,500 72,427,500
Future water supply (2,391,000) (35,0181250) (37,4099250)
City of Denton - 26X (359018,250) (35,028,250)
I
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Present water supply 840,100 24,607,400 25,4470500
Future water supply (840,100) (22,303,700) (139143,800)
Totals
0 12 303 700 12 303 700)
3,231,100 94,643,900 $97,8750000
IV - ALLOCATION OF EST MTED OPERATION AND MAINTENANCE COSTS
Aubrey Lake
Water
s. ~PLly Recreation Total
1, Specific cost $ 470700
2. Distribution of joint use 94359000 $48Y~7nn
cost (percent) 57,283
3. Allocated joint use cost 81 800 6142.717 142 800
4. Total allocation 129,500 ' 000 142,800
$4961000 $625,500
To be paid by the City of-Dallast
742 of specific coat for water supply facilities
Aubrey Lake Joint use coats $359298
Present w/o (0.50 x 0.74 x 0.57283 x $142,800) 30 266
Future w/o (0.50 x 0.74 x 0.57283 x $142,800) (1) 30,266
Total
$95,830
A-2
(1) Additional annual 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 x 0.50 x 0.42389 x annual joint use costa
100
*Escimated or actual, as applicable.
V - ALLOCATION OF ESTIMATED MAJOR CAPITAL RF.PLACEMENTS
COSTS AND SEDIMINTATION FESURVEYS COSTS
A. Tta or ca ital replacements costs: (1)
I
Aubrey Lake
Water
su Recreation Total
1. Specific cost 1100 $107,800 $1080900
2. Distribution of joint use cost (percent) 65.714 34.286 100.000
3. Allocated joint use cost 2,300 1,200 3,500
4. Total allocation $39400 $109,000 5112,400
To be paid by the City of Dallas:
742 of specific cost for water supply facilities $ 814
Aubrey Lake joint use costs
} f Present w/o (0.50 x 0.74 x 0.65714 x $3,500) 851
Future w/o (0.50 x 0.74 x 0.65714 x $3,500) (2) 851
Total 2,516
(1)'Estimates of average annual charges are used for determination of
S ' 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 Lo be paid as future water
rupply storage is used will be computed as follows:
Percent of future w/o
'storage placed in use x 0.50 x 0.48628 x actual joint use cost
100
D. Sedimentation resurveye costs:
Aubrey Lake
Sedimentation resurveys coats 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 a 4 x 55.5802 - 27.790%
Percent of future w/o
Future water supply storage placed in use x 27.7902
100
A-3
VI - COMPFJTATIONS FOR AD7SSilAL PAYMENTS FOR INTEREST AST) AMORTIZATION
Present water suc~l :
Amount to be amortised:
Lewisville Lake $ 3,231,100 x 0.74
Aubrey Lake $94,643,900 x 0,74 x 0.50 $ 29391,000
To.aL 35,018,250
'~7, 409, 250
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 4.371 percent.
A- P Where: P o annual Payment
A , amount to be repaid - $37,409,250
i - interest rate m 4.371%
c ` amortisation coefficient for 49
years 0.006125257063
$37.409 250 - P
P a 1,
.0 371 + 0.006125251063
20.06611501P - $37,4099250 - P
21,06611501P = $37,409,250
P a $1,7759802.04
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. Contract No. DACU63-75-C-0000
AUBRFY A`M LC4ISVILI.E LAKES
• E {HIBI T B
' PAYMENT SCHEDULE
YR. PAY*I---IJT T3 P.4YAZIT Ta T'3TAL 3AL4'J:c
40. INTEI£ST ?MCI?AL ?AY:1E`JT 3'35
37409?50.03
1 0.00 1775902.3. 177590?.04 35633447.c5
2 1557538.31 218364.03 1775302.04 35415t33-?3
3 1547997.69 227804.35 1775303.34 35137379.53
4 1538040.36 237761.69 177590?.04 34949617.90
5 1527647.80 248154.24 177590?-04 34701463.66
b 1516800.98 259001.06 1775813.04 3444?45?.50
7 1505480.04 273322.00 1775902.34 .34172140.60
I 8 1493664.27 292137.77 1775802.04 33890002.83
9 1481332.02 294470.02 1775903.04 33595533.31
10 1468460.74 307341.30 1775502.04 33233191.51
11 1455036.85 320775.19 1775332.04 :32967416.3?
12 1441035.77 334796.27 1775802.04 32632620.05
13 1426371.82 349430.22 1775802.04 32233139.33
I 14 1711099.23 364703.81 1775802.04 31918445.02
IS 1395157.02 38064502 1775802.04 31537341.00
16
1378519.03 397283.01 1775802.04 31140557.99
17 1361153.79 414648.25 1775802.04 30725909.74
18 1343029.51 432772.53 1775302.04 30293137921
19 1324113.01 451689.01 1775802.04 29841448.20
20 1304369.90 4714302.34 1775802.04 29370015.96
21 1283763.39 492038.65 1775802904 28877977.21
22 1262255.38 513545.66 1775802.04 28364431.55
23 1239809.30 535992.74 1775802.04 27828439.91
24 1216381.06 559420.98 1775802.04 27279017.83
25 1191928.77 583873.27 1775802.04 26685144.56
26 1166407.67 609394.37 1775802.04 26075750919
27 44139771.04 636031.00 1775802.04 25439719.!9
28 1111970.13 663831991 1775802.04 24775887.?8
29 1082954.03 692848.01 1775802.04 24083039.27
30 1052669.65 72313209 1775802.04 23359906.83
31 1021061-S3 754740.51 1775802.04 22605166.37
32 988071.82 787730.22 1775802.04 21817436-15
33 953640.13 822161.91 1775802.04 20995274.24
34 917703944 858098.60 1775802.04 20137175.64
35 880195.95 895606109 1775802.04 192415E9.55
36 841049.01 934753.03 1775802.04 18306916.53
37 800190.95 97561109 1775802.04 17331205.43
38 757546.94 1Oi8255.05 1775802.04 16312950.38
39 713039.06 1062762.98 1775802.04 15250137.40
40 666565.69 110921605 1775802.04 14140971.05
41 618101.84 1157700.20 1775802.04 12983270.55
42 567498.77 1208303.27 1775802.04 11714967.58
43 514683.83 1261118.21 1775802.04 10513949.37
44 459560.36 1316241.68 1775802.04 9197637.69
4$ 402027.43 1373774.61 1775802.04 7823833.08
46 341979.74 1433822.30 1775602.34 6390010.7?
47 279307.37 1496494.6'' 1775802.04 4393516.11
48 213895.59 1561906.45 177540?.04 3331609.65
49 145624.56 1630177.39 1775802.04 1701432.29
50 74369.60 1701432.29 1775801.89 0000
E-1
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Contract No. DACW63-15-C-0000
AUBREY AID LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSF DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Dallas, Dallas County, Texas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1c64 (Public Law 88-352) and all requirements imposed by
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)
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 for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
+ 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 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 regains 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 o*.her Federal 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 Appacant-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-1
Judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorised to sign this
assurance oa behalf of the Applicant-Recipient,
THE CITY OF DALLASO TEXAS
Dated
Sq
George R, Schrader
City Manager
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ATTEST:
Barold G. Shank
I Secretary
d City of Dallasq Texas
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Contract No. DACW63-75-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT D
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-75-C-OLMD between
i
the United States of America and the City of Dallas, Texas.
Particularly I have considereu the effect of Section 221 of Public Law 91-611
(42 U.S.J. 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 an required by the aforementioned statute.
I
~ Dated .
I N. Alex Bickley
City Attorney
City of Dallas, Texas
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51r~Li1-YG 7 1 '~G , ' ?13
St eJLGT1 Autrey Lake - final lrraits of 4?uter Supply Contracts
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Livisiou Engineer, Foutlydastorn
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I. ZEfct to=
a. Letter Sa-L"0-PC fated 18 Jame 1975 with above subject, with two
ialaraowents.
b. Letter 314°iD-Pt: datr.d 17 October 1975, eiibjeeti Lakeview Labe -
final Draft of Water Supply Coatract, with 6h1uLU-NW lot indorsament.
2, Inclosed are subject drafts. 'ibeso drafts incorporate the raview cowments
} and require ante of roference a and additional revis!one made by the district,
3. itavisions required by the review in&rsemants are as followas j
a. The first and second whereas elauee, have been restructured as
I requested.
b. The final ph=ase of Article la bas been added as requested.
c. 11w costs allocated to future water supply have been reduced to
02,5746434, which is 3554,466 leas than the allowable 443,123,900, by
allocating 51 percent of Aubray water ripply storaco space to present use in
tt lieu of 5u percent as previously presented. Affected aucsbors sad computations
V throughout the contracts have been ravisod.
d. Interest and project Umeatniant amounts have been revised througLout
the contracts to use the fiscal year 1914 interest rate of 5.116 percent for
reimbursable amounts.
a. 11A previously presented Article 5d.nov appeara as Article 5a in the
contract with Usllas. 1ha prior wordiug of this article was disapproved by
OCE; the wording, now used was furnisbod to us for use as a result c_°
coordination between OQ and city of imlias repracentstives.
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SLW CI: Aubrey Lake - Final h••afta of slater Supply Contracts ~
f. Article Sc has been divided into paraZraphs (1) and (2).
4, The district has made the following rwisions to the previously reviewed
drafts.
a, In irticla 5a(4) refermca is wade to the provisions of Article G and
the rest of the wordin3 providin.; for interi-a and final cost dettrnitwtions
is transferred to Article C. (k,%rtruttion cost adavstuents. %S I^el tills is
a better arrangement of contract f ovlei.onc and llows tine UU; &%Urested
revision as proaonted in reference b.
1
b. Article Sa(S) of the standard format has been relocated as Article 5d,
with thn subtitle, Ctanr!;es for dnlincluer,t pnya¢e'~ts. It appears that located
under Article 5a, the F;ovisioua for Tc1 Llquent parmente. apply only to
project investment costa. They oo!~ht also to apply to ether user charges,
which they will do if located as Article 5d. This change wne also presented
in reference b.
c. In Article 5b the wording of sentences 6 and 7 has been revised.
j It appears that the intent of the approved worditig is either a lump sun
payment when costs are incurred or a sin<^le pny:acut, is total, of the Incurred
I costs at the close of the year in witich the costs were incurred, with interest
charged betwew the time incurred and the payment at the close of the year.
Z: paymeac over a number of
! years to to be permitted, some schedule of due
dates and amounts must be eatablisLed to maintain fiscal control. This change
was also yresentea in reference b.
4. Article Sc has been rewritten from the previous submissiou. The
proper collection and financial management under the stated conditions in
the contract of operation and maintcnaace costs are difficult unless the
terms and methods of determiuai:ion are clearly stated and understood by the
parties. Operation and maintenance charges are collectible in advance; and
the differences in obligations for specific and joint use costs and the
options available to local interests in the ura of future water oupply bake
it difficult to provide terms covering all contia?enciee clearly and concisely.
Wen for future crater supply, it is possible for the user to opt to begin use
after the dam is closed and before experienced costs are available for use
in determining charges. Through the use of detailed formulas in Exhibit A,
va feel we have covered the rossibilities in the briefest and clearest way
possible to accomplish proper collection. We have tested the provisions
thoroughly and believe they will yield the desired results. Payments are set
to be clue on 2 January following the close of a ficcal year to allow time for
Finance and Aceountin4s Tranch to close the books, complete year and reports,
compute the charcea, and bill the user. This does not effect the date due
and amw.mt due the Government, only the date when it is payable,
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SwFF:h-1C 6U2sJl:c,T: Aubrey Lake - Final Drafts of Water Supply Contracts
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e. Mho t+ordin4, in Article 9, lino 7, Las been changed to recd "foatores
h~ and appurtoaancos. .
5. Pa rtem.4iond that the incloscsi contracts be approved for presentation
I to the cities for approval and execution.
1
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' 2 Intl (quint) JOE H, SIXARD
1. vfs coar - Dallas Colonel, CE
! 2, v/s contr - Damon District fnBinaor
f Copies furnished:
Ofc of Couns - v incl
Prog Dev Br v/o Intl
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BALL SWFED-P
BROG N S ED-G
B WFCC
WOOD
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BURKETT S4J1<MOI
LTC TRACY M FM
COLS SwFDE
MAIL
RETURN TO
Coord Sec,
Oil b Gas Bldg
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TI
RA FT Contract No. DACW63-76-C-0000
D
CI
E N O V 14 1975 CONTRACT BETWEEN THE UNITED STATES OF AMERICA
f AND
THE CITY OF DMTON, TEXAS
FOR
WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS
THIS CONTRACT, entered into this day of 1975, by and
betw^,en the United States of America (hereinafter called the Goverment),
represented by the Contracting Officer executing this contract, and the
City of Denton, Denton County, Texas (hereinafter called the City),
WITNESSETH THAT:
WHEREAS, the River and Harbor Act of 1965 (Public Law 89-248, 79 Stet.
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
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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
Lake for an equivalent amount of water supply storage in Lewisville Lake for
municipal and industrial uses; and
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
f for payment of the cost thereof in accordance with the provisions of the Water
Supply Act of 1958, as amended (43 U.S.C. 390b); and
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 U.S.C. 1962d-5b);
NOY9 THEREFORE, the Government and the City agree as follows:
ARTICLE 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
th3 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 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
1
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as
elevation 632,5 feet above mean sea level, wl,ich 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-feet) 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,
(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
I 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
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
j ` c. Rights reserved, The Government reserves the right to lower the
I 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 uovernment 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
afores,id storage spaces shall be the sole responsibility of the City, The
City has the full responsibility to acquire in accordance with State lava 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 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, n.nd 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 transfe- 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-
, . . . .
drasni`or'transferred from Aubrey'Lake 'or Lewisville' Lake'by any means oEfier
than through Aubrey Lake or Lewisville Lake outlet works. The City shall
~,..c furnish ito the Government monthly sta.tementsrof all such withdrawals or trans
Sera. 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-
means of a
ject Co Article le. The measure of all such releases shall be by
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 municipal and
industrial water supply purposes, the City shall pay the following sums to
the Government:
a. Project investment costs,
LJ (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-
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 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 1916) is 5.116 percent.
The City shall repay:
26 percent of the construction cost of specific water
supply facilities, estimated at 319100
18.612 percent of the total Project joint use 23,3240000
construction cost, estimated at 3283,400
Interest during construction, estimated at
Total estimated amount of Project investment cost 645,200
allocated to 26 percent of the water supply $260
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(2) The Project investment cost allocated to the storage spaces
indicated in Article lb(1) as being provided for present demand is currently
estimated at $14,020,100 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 purpose;. Annual payments thereafter will be
due and payable on the anniversary date of said notification by the
Contracting Officer, Except far the first payment, which will be applied
solely to the retirement of principal, all payments shall include accrued
1 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
I` (3) The Project investment cost allocated to the remaining portion
storage.,spage, that provided. in, Aubrey Lakg for. future -use, is. Currently,,. ;
estimated at $12,625,000 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
f such storage is used for purposes of withdrawal of water from or transfer of
C water into or from Aubrey Lake during this period. The amount to be paid for
any portion. of such.storage which is used shali.be determined by multiplying. . , ,
11 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 cost allocated to the storage for future water supply
f 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 U City may at its option
pay the interest as
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 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 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
i (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 is attached as Exhibit B of this contract. The
annual payments as provided therein shall be made until an interim estimated
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determination of cost or a final determination 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, and if based on estimated costs will be subject to revision, as
provided in Article 6, until actuel costs are known.
(5) 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.
f b. Major capital replacement costs and sedimentation resurveys costs,
The City will be required to {ay 26 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 8.714 percent of the costs of joint use
it major capital replacement items at Aubrey Lake until 'such time as the storage
:.....t., .,-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 Y
ri eapical-replacement, costs of the specific' water-6upply-facilities , sill' be ""-""I'
..increased 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
t '-increased commensurate with the percentage' of the"1 titer`supply storage being
used up to a total of 19.528 percent of such costs. Payment shall be made
either in lump sum on demand at the time such costs are incurred or annually
with interest on the unpaid balance at the rate provided in Article Sa(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 costa or sedimentation resurveys costs are incurred.
e. Annual operation and maintenance costs,
(1) The City will be required 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 7.596 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 costs. The first ptfinent fir 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. Off icer notifies the City that.
the Project is completed and operational for eater supply purposes, will be for
the period beginning on the date the Project is operational for water supply
purposes and Wing on 30 September following, and will amount to the sum of
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+ the first payment, Ps, for specific water supply facilities costs and the
first payment. Pj, for joint use costs computed as shown in parts B 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 Pi computed consecutively as shown in parts B and C.
respectively, of section IV of Exhibit 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 days after first use of such storage,
Will be for.the period beginning on the-date of said first use and ending on
30 September following, and will amount to) the first payment,.P', computed, as „ . .R
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shown in part D of section IV of Exhibit A. Annual payments thereafter, for
each Government fiscal year ending 30 September, will be due and payable in
"advance oa 2 January following the close`of'the'prior'"fiseal''year and`wil3°"
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amount to payments Pj computed consecutively as shown in part D of section IV
of. Exhibit A.
d. Charges for delinquent payments. 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 in Article 5a(1) until paid.,
'The whount' Char ed 'on payments overdue for a'peiiod'of'less than one year shall
be figured on a monthly basis. For 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
1 t as giving the City a choice of either making payments when due or paying
J interest, nor shall it be construed as waiving any other rights of the
U Government, at law or in equity, which might result from any default by the
City.
ARTICLE 6, Construction cost adjustments. All construction cost dollar
amounta in this contract, including those in the Exhibits, are te:tative oaly
based on the Government's beat 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. 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 interest during
construction. On each occasion of as interim determination, or on final
determination, the.annual payments thereafter due shall be chased 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.
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ARTICLE 7, Duration of contract. This contract shall be effective
when approved by the Secretary of the Army aid 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 Nm a been
formulated on the basis of 100 years economic life.
ARTICLE 8, Permanent rights to storage. Upon completion of payments
by the City as provided in Article 5a herein, the City shall have a permanent
right, under the provisiols of the Act of 16 October 1963 (Public Law 83-140,
43 U.S.C. 390e), to the u;e of the water supply storage spaces in Aubrey Lake
• and Lewisville Lake as provided in Article 1, subject to the following:
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a, The City shall continue payment of its share, as provided in
Article.5c, of the annual operation and maintenance,costs allccated to water ,
s:.•~. 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
~l~,b feet above mean sea Level and 522;0'feet above mean sea`levei for
Lewisville Lake of any necessary reconstruction, rehabilitation, or replace-
'merit 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
c. Upon completion of payments by the City as provided in Article 5a
herein, the Contracting Officer shall redetermine he storage space for
r i 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 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
ccntinued so long as the Government continues to operate Aubrey Lake and/or
Lewisville Lake., In the event the Government no longer operates Aubrey Lake
f 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 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
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(3) Effective absolvement of the Government by the City from all
liability in connection with such continued operation.
ARTICLE 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 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
or from Aubrey Lake or Lewisville Lake made or ordered by the City, of as a
result of the construction, operation, or maintenance of the features and
appurtenances owned and operated by the City, rovided, that this shall not be
i 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, agents, or employees.
ARTICLE 10. Assignment. The City shall not transfer or assign this
any.righ,ts acquired,,hereunder,, nor.sub-allgt said yate; supply. , w.r_..
storage spaces or any part thereof, nor grant any interest, privilege, or
license whatsoever in connection with this contract, without the approval of
''the Sedeetary of the Army,' rovided, that'unless contrary Eo the public
Interests 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
Congress, or Resident Commissioner, 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 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
fide established commercial or selling agencies maintained by the 'ity for
the purpose 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
1 to conply with applicable Federal, State, and local laws and regLO ations
concerning environmental pollution. Particular attention should 'e 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
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isanitary facilities, storage of fuels and other contaminants, and control of
turbidity and siltation from erosion; (3) minimization of noise levels;
(4) onsite and offsite disposal of waste and spoil; and (5) prevention of
landscape defacement and damage.
ARTICLE 14, Federal and State laws,
a. In acting unler its rights and obligations hereunder, the City
agrees to comply with all applicable Federal and State lags and regulations,
including but not limited to the provisions of the Davis-Bacon Act
(40 U.S,C, 276a et seq.); the Contiact Work Hours and Safety Standards Act
(40 U.S.C. 327-333); and Title 29, Code of Federal Regulations, Part 3.
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b, The. City furnishes as part of. this contract an .assuiance
y~ (Exhibit C) that it will comply with Title VI of the Civil Rights Act of l
19'64'(78 Stet; 242, 42 V.S.C. 2000d et' seq.) and Department of Defense
Directive 5500,11 issued pursuant thereto and published in Part 300 of
•,.1„, ,T~tle.,92, Code,of Feder 1 e
~R. 8ula4.tops,....., it ~.~,ii i%t'1•.,1,r ~u I' ,i.,),Y..4 y~;Y ••H
ARTICLE 15. Definitions,
a. Joint use costs. The costs of features used for any two or more
Project purposes,
b.., Pro ect investment costs...,.The -initial coet.'of the Project,
including; land acquisition; construction; interest during construction or.
the value of land, labor, and materials used for planning and construction
j of the Project,
e. Specific costs. The costs of Project features normally serving only
one particular Project purpose,
U d. Interest during construction, An amount of interest which accrues
on expenditures for the establishment of Project services duriag the period
between the actual outlay and the time the Project is first made available
to the City for water storage.
ARTICLE 16. A rovil. This contract is subject to the written approval
of the Secretary of the Army, and it shall not be binding until so approved.
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IN WITNESS WHEREOF, the parties hereto have executed this contract as of
E the day and year first above written.
APPROVED: THE MTED STATES OF kIERICA
By_
Joe H, Sheard
I Secretary of the Army Colonel, CE
Contracting' Officer
Date
N CITY OF DENTON, TEXAS
OVA. .•n•+~.~ `K 'n..y,~l. a!%.. a\• ::'~.a.i•w•:1wrR. :ar•P 'Y .••;i..::+.-::•✓J•r. 1
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Tom D. Jester, Jr,
E j Mayor
1. Brooks Halt, certify that I am the City Secretary of the City of Denton,
{ ixnton County, Texas, named as City herein; that Tom D. Jester, Jr. who
signed tLis 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 behsif
of the City of Denton, Texas by authority of its governing body and is
within the scope of ita legal powers,
IN WITNESS WHEREOF, 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
CORPOR•ITE SEAL
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Contract No. DACW63-76-C-0000
AUBREY AND LE141SVILLE LAKES
EXHIBIT A
I - LAKE STORAGES
Aubrey Lake
.,Percept_.,. Percept of
I Elevation' storage of gross water supply
.,.:.Peature ' -(feet msl
) (acre-feeC} store a storage" '
Flood control 632,5-640,5 265,000 24.892
11a'ftr supply' : below'632;5 719;646 " `75.103 '
1b0.0'l. . . a^
(City of Dallas) below 632,5 (591,700) (55,580) (74,0)
I - , .(Citycf•Den ton) below 632,3. 207i900)' 19.528 (26.0) r
Totals 1,0649600 100.000
r ~
Lewisville Lake
Cross Percent Percent of
Elevation storage (1) of gross water supply
Feature feet msl) (acre-feett atorage(2) store e
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f Flood control 522,0-532.0 336,100 65,427
Water supply 515.0-522,0 1779600 34,573 100,0
(City of Dallas) 515,0-522.0 (131,400) (25,584) (74,0)
(City of Denton) 515,0-522,0 46 200) 8.989) (26.0)
Totals 5130700(2) 100.000
(1) 1985 condition.
(2) Between elevations 515,0 and 532,0 feet msl.
II - PROJECT ESTIM(iTED CONSTRUCTION INVESTMENT TO BE ALLOCATED
h
Federal construction cost $15297450000
Noureimbursable costs (unallocable) (1) .5840 000
Project cost to be allocated 146,905,000
Interest during construction on allocable cost 16,343#900 (2)
Project construction investment to be allocated $16392480900
(1) Relocation of roads above replacement-in-kind standards.
(2) Interest rate for flood control and Federal share of recreation - 3.25X,'
Interest rate for water supply and non-Federal share of recreation -
5.116x.
A-1
IIi ALLOCATION OF EST LkTED CONSTRUCTION I14VES
(Se?arable costs - remaining benefits m- ethod~MENT
Water
Recreation
- Totals
1, Specific facilities cost; $ 1451000
Aubrey Lake $210645,000 $ 212990,000
Lewisville Lake (1450000) (19,575,000) (19,720,000)
2, Joint use facilities cost; 49,707,6(0) (20270,000) (2,2700000)
Aubrey Lake 35,207.400 124,915,000
Lewisville Lake (86,9660 00) (34,0431400) (120,7859000) 1
Subtotals cost (2'-'- 9b6 00-) _(1,164 000) 4 130 000
! $ 89,8520600 $57,052,400
• 3. Interest during $146,905,000)
! construction; 1206280400 ) 3,715,50o
Aubrey Lake 161343,900
Lewisville Lake (12,2110100) (315160500) (15,727,600)
` 4` Total allocation- (417.300) (191.000) {6161300).
lavestme
Aubrey Lake S102P48,604 (1j' $60;767,400 $163;248 '900
(999 0970 700) (57,134,900) (156,232,600)
..,,••,(3,383,300), .i3,k33,000
„ (1) Interest rate for water supply --5.116% (fiscal year 1976). Interest rate '
for ieimbursement'for eater supply will be set•as of the'begianing of'the-
fiscal year in whirh construction of the Project is started,
(2) Investment cost to be repaid by
City of Dallas - 74X ' Lewisville Lake Aubrey Lake Totals
r Present ,water su 1 $2j5030600 $73, 331, 300 $ '75.835,900
Futaen water apppy (2,503 600) .._.(371,399,500). (39,9Q3,100.).
City of Denton - 26X (0) (35,9320800) (351932,800)
Present water supply 879,700 25,765,400 26l6459100
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Future water supply (879,700
$ (Oj (120625g 000) (14'0200100)
i Totals .S._._.___~___) _(12,625,000)
3,383,300 $999097,700 $102,481 p
rV -ALLOCATION OF ESTIMATED OPERATION AND MAINTENANCE COSTS
Anbtev Lake
A, Allocation of estimated total annual costs:
Water
supply Recreation Total
1, Specific cost $ 470700
2. Distribution of joint use $435,000 $482,700
cost (percent) 57,283
3, Allocated joint use cost 81 800 61 41. 000 117 1 142 2 8 00
4. Total allocation ,800
1290500 $S 9pp $625,500
To be paid by the City of Denton:
262 of specific cost for wat.r supply facilities
Aubrey Lake joint use cost; $121402 '
Present via (0.51 x 0.26 a 0,57283 x $142,800) 10
Future w/s (0,49 x 0.26 x 0,57183 x $1420800) 10,847
421
Total
$33,670
A-2
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4 B. Determination of payments by the City of Denton for operation and
maintenance costs of specific water supply facilities:
S Total experienced specific water supply facilities costs for the
preceding Covernment fiscal year.
R Total experienced specific water supply facilities costs for the
next preceding Government fiscal year.
Ps Payment to be made by the City of Denton for specific water supply
facilities costs.
1st payment, Ps - 0,26 x $47,700 x No. months 2 1st period
12
2nd payment, P. 0.26(S x No. months inllst period + S) - lst payment
3rd payment, Ps - 0,26(2S - A), where A - S x 12
No. months in 1st payment
..from the 2nd PAY"nt t•,.
'Subsequent payment,-P 0.,26(25 R)'
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j C. Determination of payments by the City of Denton for joint use_ operation.,
%dairitenance costs:"a11oc'aEed' to "pie sent 'use water' supply:
~•J;•-..Total. experienced~jo£nt-use costa,for'the preceding-Government fiscal
i year.
i I - Total experienced joint use costs for the next preceding Government
fiscal year.
j P. - Payment to be made by the C ay,of,Denton for.Joint•uge„costa
411ocated'to water'supply.
I
I ...lot payment, Pj - 0.07595 x $142,800 x No. months 12 let period
I 2nd payment, P = 0.07596(J x 12 + J - 1st j No. months in 1st period ) payment
3rd payment, P - 0.07596(2J - B), where B = J x 12
J No. months In 1st period
from the 2nd payment
Subsequent payment, Pj - 0.07596(2J - I)
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 - Total experienced joint use costs for the preceding Government fiscal
year,
I - Total experienced joint use casts for the next preceding Government
fiscal year.
Pj - Payment to be made by the City of Denton for joint use costs
allocated to water supply.
lot payment,
Percent of future w/s
P storage placed in use No. months in 1st period
j 100 x 0,07298 x J x
12
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lad payment,
Percent of future w/s
pi atoraL a placed in cse NO, months in
i 100 x 0,07298(1 x 1sc Period
12 + J) - Ist payment
Percent of future w/s
Subsequent payments, P . atora a placed in use
1 100 x 0.07298(2? - I)
NOTE: The computations above in
first
payment being the coats foraat full rGoveznment fiscalhe yea of
Project operation, In the event the first use of futurerwater
supplsy should be made prior to completion of a full Government
fi
! i cal year of Project operation, make one of the following
adjustments:
(1) If the preceding Government fiscal year was a ti r
~A .`•y,; , partial year of
~rq,~ect operation, .substitute J x. 11
for J in computing the 1st 'ND' months Project in operation
f` be.computed as shown., payment. All remaining payments will .
(2) If first use of future water supply occurs in the first year of
C Project operation, use the estimate of $142,800 for J in com-
:Puling t4, first Aaymeai,,.,us.e J x; 12
for J in computing the 2nd NO• months Project in operation'
J ,!2 payment, and use
'J x'~ tenths Project in operation from the 2nd payment for'I is
f computing the 3rd payment, All remaining payments will be
computed as shown, A-4
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V - ALLOCATION OF ESTIMATED MAJOR CAPITAL REPLACEMENTS
COSTS AhD SEDIMEN'f,1TI0N RESURVEYS COSTS
A.
Ma or capital replacements costs: (1)
Aubrey Lake
Water
-221Y Recreation Total
1. Specific cost
2, Distribution of joint use cost $1,100 $107,800 $108,900
3, Allocated joint use cost (percent) 65,714 34,286 100,000
4 ~'otal.al,location 2 300 .'1 200. 3~Spp, .
1 . •+r•. 3.400,.. , $1,093.000 . S112, 4,00,., ,
To be paid by the City of Denton;
.,26z"of specific cost.for.water. supply. facilities.,-
Aubrey Lake joint use cost: ,l~ $286••;,
Present w/p (0,51 x,0,2b x.Q,b5714 x $3,500)
{ &tare w/9 ''(p,49 x 0,26 •x 0,65734 x $3,500)
305
1 Total 293 ,
84
(1) Estimates of average annual charges are used for determination of
allocated.percentages.• All charges will be based on the indicated•per-
i centages of actual co::ts 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 follows;
Percent of future w/s
storage placed in use
100 x 0,49 x 0,17086 x actual joint use coat
B, Sedimentation resurve s costs;
Aubre_~k~
Sedimentation resurveys costa allocated to water supply and to be paid by
the City of Denton are based on the percentage of the gross storage in
Aubrey Like represented by the storsge right of the City - see section I
Of this Exhibit A.
Present water supply 0,51 x 19,5282 - 9,959%
Percent of future w/s
Future water supply store a laced in use
100 x 9,569%
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VI - COMPUTATIONS FOR ANNUAL PAYMENTS FOR INTEREST AND MORTIZATION
Present water supply.
Amount to be amortized;
Lewisville Lake $ 3,383,300 x 0,26 $ 819,700
Aubrey Lake $99,097,700 x 0,26 x 0,51 13 140 400
Total
$I , 0 20 00
! Bared on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 5.116 percent,
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A " P Where: P - annual payment
A -.amount to be repaid - $14,0209100
, . . tncgrest rate 5.116X.
e amortization coefficient for 49
Q years 0.004859195617
_ti,.•.$14 0201100 - .P i• 'M"rp...Y *h•.. .a •r..
0.0511 +..0.004859195617
17.85102390E - $1490203100 - P s•
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18.85102390P - $140020,100
P $7431731.48 r, ,.c..
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Contract No. DACW63-76-C-0000
AUBRRY P~i1t TEWTS,VTLLE IJtK&13
MJBI
s
• PAYITITT SCIIED!)LE
Yri. PAYc~h,vl 10 P•sY:,_A'i' it) i0iAL ::•':L",.u;r
.~G• IN1,eae.51 r1n1NL;Itl L eAviwrvI LiJr
1r,),:,rl I)-,,
0•JJ /d+3/3k.If r 74:Sf3!•~Ir. 13-"!6A-
2 61Y219•UI CA:fl8 4/ 1411J1.4o I3'..I1::...;
3 61591ts-b6 o1612•yr 143 13 10 4d I.SIb+JIf j.1!
4 6'/2449•X9 712."2.23 143/31.42 13)It1!-)•))
5 66nb02.49 /Sve'J•J,1 143/31.4:. 1~t Y~1, ) 1 •r 1
6 66496J•Jo /x/62.4) 143'/3I.4C l:_•,lv)'-v.1)1
I 66Uv39.59 62191 •r.9 /A3/:51641n l'~cV•:!
b 65614J3aVe; 81021•;2 7431 3l.4c l.:t•.~:
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Contract No. DACW63-76-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
j The City of Denton, Denton County, Texas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with.title VI of the Ci•jil
j Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
" or "pursuant tb the Directive of the Department of Defense (32 CFR`Pait'300, 1..'..'
Issued as Department of Defense Directive 5500,11, December 28, 1964)
1.4;sued pursuant to, that„title, co the end that,,•in.aecordange with,tiF1R„VL y
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
denied the benefits'of, 'or be"otherwise' subjected'to discrimination
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately tpke any measures necessary
W effectuate this.agreement,. ,
If any real property or structure thereon is provided or improved with the
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 arty transfer of such property, any transferee,
for the period during which the real property or structure is used for a
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 perioi, during which it retains ownership or
possession of the property. In all other cases, this assurance 9:6,11
E 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 rants loans contracts
property, discounts other Federal financial assistance extended after the date hereof tohe,
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
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Judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
f assurance on behalf of the Applicant-Recipient,
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THE CITY OF DENTON, TEXAS
Dated 'By
i Tom D, Jester, Jr,
Mayor
Brooks Holt
Secretary
City of Denton,,Texas
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Contract No. DACW63-76-C-0000
AUBR£Y AND LFk'ISVII,LE LAKES ,
EXHIBIT D
OPINION OF COUNSEL
-76
I have reviewed and approved contract number DACW63-C-0000 between
the United States of America and the City of Denton, Texas.
Particularly I have considered the effect of. Section 22,1 of Public Law;91,:611
j of Denton, Texas
f w.::
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(42 U.S.C. 1962d-5b) and am of the opinion that the City
authority to enter into and comply with this
~e the •equ~site legal
agreement-ad required by•tbe'aforementioned staiute. •
i
Dated___-_T Paul C. Isham
City Attorney
City of Denton, Texas
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DRAFT
11 h Contract No. DACW63-76-C-0000
111OV 1 19r' OOTRACP BETb'EEN THE UNITED STATES OF
! AMERICA
AND
i THE CITY OF DALLAS, TEXAS
FOR
WATER STORAGE SPACES IN AUBRE
Y AND LEWISvILLE
LAKES, TEXAS
THIS CONTRACT, entered into this
between the United States of America (hereidayo of
called thelGo~ercuyoent),
represented as the Contracting Officer executing this contract, and the
City of Dallas, Dallas Count Te
WITNESSETH THAT. Y~ xas (hereinafter called the City),
WHEREAS, the River and Harbor Act of 1965
1041) authorized the construction, operation and maintenance Law 89-298, 79 Stat.
the Slate including of Texas; modification of Garza-Little Elm Resnvoiainte since renamed O amubrLewisville
eyLake
Lake,. (hereinafter called the Project) on the Elm Fork of the Trinity River in
W~REAS, in accordance with the authorized mod
(located immediately downstream from the Aubrey Dam)fw ilibe modified Lewisville Lake
Permit the transfer of flood control storage from Lewis11 be m Aubrey
Lake for an equivalent amount of water supply storage in Lewisvil Lake le Lake for
i municipal and industrial uses; and
F
WHEREAS, the City desires to contract with the Government for the use of
storage included in Aubrey Lake and
aditional storage to be made
available In Lewisville Lake for municipal
for payment of the ^ost thereof in accordance d wiihutheial water supply
1 Supply Act of 19589 as PP1Y and
! , amended (43 U.S.C. 390b and Provisions of the Water
j ; WHEREAS, the City is empowered so to contract with the Government and
I` of this vested wit contracth necessary Powers for accomplishment of the purposes
Act of 1470 (42 U S C
ncluding those • . 1962d-5b); squired by Section 221 of the Flood Control
NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1. Water ,tors e space.
} a, Project construction, The Government, subject to the directions of
federal law and an limitations imposed thereby, s
1. the Project so as co include in Aribrey Lake s hall design and con
pace for the City and space for the storage of floodwaters shichthewillstorage
perm of water by it t reallocation of flood control storage in Lewisville Lake to municipal hand
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 594700 acre-feet gross storage, including
storage for sediment deposits) of the total storage space in Aubrey Lake below
F F
a
+er~
tj
which total storage space is
elevation 632.5 feet above mean sea level, including storage Car
estimated contain 799,600 acre-feet
i1niivided gross 74.0 percent*(estimated to contain
sediment dep eposits, and d (b) (b) an o acre-feet grass storage , including storage for sediment deposits) of
the to
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
for
storagea e
is estimated to contain 177,600 acre-feet gross storage, including
sediment deposits. The storage space in Lewisville Lake is to be used to for mu
trial water impound water for present demand
AubreydLake isntoibelused todimpound water
supply; for pr and the storage spa
for present and anticipated future ands or needs for municipal and
estimated 01,800 acre-feet) of
i water supply. In Aubrey Lake,
acrfor present
for future use water
water
the space which rcent City (an estimated 289,e-feet) ~900i
~ t storage and 64 pe : .
storage. ..r
(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,
o.:~ • ti ^bg 6ide by th'e' Goveii6ihEthioUgh' the outlet"worke''In' the dami, subject to e
i
ovisions of G provide, and shall c have c thedright h to constrULt all such works, plants, pwpalines,
P and convenient for the purpose of transfers
and appliances as may be necessary
or withdrawals, subject to the approval of the Contracting Officer as to
t in, and
design and location. The grant of easemens for right-of-waq across,
i E upon land of the Government at Aubrey Lake and at Lewisville, Lake shall be by
separate instrument in a form satisfactory thetauthorityaof and in accordance
without additional cost to the City,
% with the 4 casements, thesCity shall have the6right stoiuse so much of Aubrey Lake and of 10 U. S.C. Lewisville Lake lands as may reasonably
be required in the exercise of the
rights and privileges herein granted, to lower
mean raeatlevel and toe
ed The elevation 632.5n feet reserves
c, Rights Lake to
water in Aubrey
in its rule elevatio lower the water in Ltioda ofetiameeeaois deemednnecessaryeL above moan sea
a level luring such pe
f roses. The Government further reserves
discretion, for flood control Pu p
f • the right to take such measures as may be necessary in the operation of
Aubrey Lake and Lewisville Lake to preserve life or property.
i d. liailability of water. The Conly. ity recognizes that this
Government makes no
contract provides storage spaces for raw wateer availability Goverment
water and
representations with respect to the.quality a of
assumes no responsibility therefor or for the treatment of water.
ARTICLE 2, Re lation of and r1 ht to use of water. The regulation of ;
the use of water withdrawn or released from or transferred to or trom 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 utiliz The Governmeenntfshall notabtieonreofspthe
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diversions by others, nor will it become a party to any controversies
involving the use'of the storage spaces by the City except as such contro-
versles coy 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 costa 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 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 cr is with-
` drawn or transferred from Aubrey" Lake or Lewisville Lake 'by'any meari a other
than through Aubrey Lake or Lewisville Lake outlet works. The City shall
ish to„the, Government ninthly statements q( all such wi~hdrpwals off; trans-,
fers. 8eleases from the water supply storage ,paces through Aubrey Lake'or
f 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- Jett to Article Ic. The measure of all such releases shall be by spans 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 Aubre, Lake and Lewisville Lake for municipal and
industrial water supply purposes, the City shall pay the following sums to
the Gove.cnment:
I '
a, Project investment costs.
M
(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 costa, including interest du:.ng con-
struction, allocated to the water storage rights acquired by the City under
this contract. 17he interest rate to be used for purposes of computing interest
luring 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 repay:
74 percent of the construction cost of specific water
f
supply facilities, estimated at $ 1072300
53,143 percent of the total Project joint use
construction cost, estimated at 6693830600
Interest during construction, estimated at 9,345,000
Total estimated amount of Project investment cost
allocated to 74 percent of the water supply $759835,900
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(2) The Prol:ct investment cost allocated to the storage spaces
indicated in Article lb(l) as being provided for present demand is currently
estimated at $39,903,100 on the basis of the costs prrsented in Exhibit A
of this contract. The amount of the Project investment cost allocated to the
j 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 ti.at the Project is completed and
operational for water supply purposes. Annual payments thereafter will be
due and payable on the anniversary date of sail notification by the
Contracting Officer, Except for the first
payment, to the retirement of principal, all which will be applied
interest on the unpaid balance at the rate'provided above.Incl
Thedlastcannual
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.
" .
(3) The Project investment cost a,located to the remaining portion
.,,.Of the,. storage space, that provided In.Aub: 11 bake, for
eatimated *at $35,932,800 on the basis of tl osts presented eInsExhibit Ar m oyr
principal or interest payment with respect .u 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
i 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, po=tion of such storage which is used shall be,determined.by mul6iplying...,
the percentage of the total storage for future water supply which is placed in
use by the total amount of the Project investment coat allocated to fur re 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
1 which is not being used from the tenti. (10th) year following the date the
t Project is operational for water supply purposes until the time when such
Ftorage 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
aid added to the principal amount. When any portion of the storage for future
water supply 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 t ereafter 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
provided for present demand is attached as ExhibiteBtoffthishcontract , The
annual payments as provided therein shall be made until an interim estimated
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determination of cost or a
,,u'ticl final determination of cost is made as provided 6, Payment schedules fur the store
demands will be furnished b S- Provided for future water supply
de ands wi and f based on este Contracting Officer when use of such storage
provided in Article 60 until actualecoststarejknown.subject to r
evasion, as
tF.e indebte) Theand City shall have the right
any time so elects to prepay
Interest thereon to the date of such rein whole or in
p payment, part, with accrued
b, Ma or ca ita2 re lacement costs and sed
I 1 The City will be required to
pay 74 percent of theecostiforranurve s costs,
replacement of specific water supply
the City shall PPly facilities at Aubre Lakey major capital addi Pay t th ate
meat 244800 percent of the costs of jointuse
~Jor capital replacement ite times the storage
• • fgr.,futµre water supply to used ms used. a.,t AubAubreey Lake until such storage:
apply demands is used, the share of the Joint use Provided for future water '
items costs, which the City will be required to a
major capital replacement
capital replacement costs of-the specific water sup in addition to the major
P2y facilities; Will tie"'
increased commensurate with the percentage of the water suPP1Y storsS
used up•to a total of. 48,628 percent of such costs, . The City
required to e b eing
Aubrey Lake p
ay 8.346 percent of the costs of sedimentation z surveysoate
until
As the storage such time as the storage for future water su
bethe provided for
PP2y demands is used, the share of
veys Costsewhichrthe City will he requiredyto pas will ppl is u.
reased commensurate with the echth a of the water Bu
f being used up to a total of 53 . 580 thi! P S g "
wade either in 1 Percent of such men storage'
ump sum on demand at the time such coats, Payment shall be
annually with interest on the unpaid balance a the~rate are incurred or
Article 5a(l), If paid annually, payment shall be Provided in
1 Payment on the Project investment cost becoming made with the first any;
' capital replacement costs or sedimentation resurveys casts aredincurred• jor
c. Annual o eration artid maintenance costs,
(1) The City will be required to pad 74 percent of the a nual
experienced operation and maintenance costs of specific water Supply facil
at Aubrey Lake In addition, the City shall pa 21.ercent of experienced Joint use operation and maintenanceycostslof puubrey Lakehuntinaleg
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 coats 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
42.389 percent of such costa,
casts of present use water supply The first payment for operation and maintenance
advance within. 30 days after the Contracting Lake will be due and
Pa In
the Project is completed and operational n8 Officer notifies ose,wi yablell be City that
for the period beginning on thedatethe Project water is Supply Purposes,
water
supply purposes and ending on 30 September following, and will amount to the
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sum of the first payment, Ps, for specific water supply facilities costs and
the first payment, Pj, for joint use costs computed as shown in parts B 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 Pi computed cony :utively as shown in
parts B and C, respectively, of section IV of Exhibit A.
(2) When each and any portion of the future water supply storage is
placed in use, the fi:st payment of the additional amount of the joint use
{ operation and maintenance costs required to be paid for such storage use will
f 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 ending on
-30 September following; and will amount 'to the'first payment, Pj; computed-
as shown in part D of section IV of Exhibit A. Annual payments thereafter,
each Government fiscal yrar ending. 30 September, will• be due and payable
In advance on 2 January following the close of the prior fiscal year and will
j amount to payments Pj computed consecutively as shown in part D of section IV
of Exhibit A.
d. Charges for delinquent payments. 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 in Article Sa(2) until paid.
The amount charged on payments overdue for a'period of less than one year
shall be figured on a monthly basis. For 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
1 E construed as giving the City a choice of either making payments when due or
1 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.
e. Assurance of funds for contract payments, The City warrants that
all payments contracted hereunder shall be secured by a pledge of surplus
revenues of the City's combined Waterworks and Sanitary Sewer System
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 wifb 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 end charges foz services of sa!.d combined system as will make possible
the prompt payment of all the aforementioned requirements including payments
contracted hereunder. Payments made by the City as Project investment cost
and as major capital replacement costs and sedimentation resurvey costs shall
be regarded as capital expenditures.
b
R'
wftw~
amounts TInLthis contract, Construction cc),
based on the , All construction cost dollar
Exhibits
Governments best estimates, The a
y are tentative only
downward by the Contracting Officer when final construction
and the contract will be modified to reflect the awill be djustments. upward or
after the Project is completed and o eras! costs become known,
Contracting
aft P onal for water su Within two Year; Officer shall make a
revi Ppun rs
construction costs, Including sed interim estimated determination ~ ophe
account the actual costs to thenextent turing are construction and taking into
actual costs are In like manner,
awn, at which time thea Contracting Of intervals until all' cost determination, including in 8 Officer shall
pr0pare a
occasion of an interim determination,orrontfinald during ete construction.
O
n each
Payments thereafter due shall be charged so as to
, thn eacah
~1a• the balance due in equal provide for the a
ant of
period; and a revised Payments during the remaining life.of.therrepayment.
schedule, or schedules as necessary, of a•,
shall be furnished to the City, nnual Payments
` ARTICLE..;,:..,:,,Y ................r,w...r..,.:.
en "V.
7. Duration of contract, This contract shall ~be leffective
w approved by the Secretary of the Army and shall.continue in full force
and effect for the life of Aubrey Lake and Lewisville Lake,
and the
additional storage to be made available in Lewisville BLake Ahave ybeen
formulated on the basis of 100 years economic life. Lak'
e
'DTI U g. Permanent ri hts to store e,
by the City as provided in Upon completion of payments
i rt 5a the rights under the provisions of ithe Acthofe16~Octobert1963a(Publhave a
43 U.S.C. 390e permanent
ic Law 88-140
and Lexisville)Lake ass use o
the Arwater ticle lply store8.e
provided spaces in Aubrey Lake
subject to the following;
~ a. The City shall continue
Article Sc, of the annual nt nue payment of its share, as
supply, operation and maintenance costa alprovided
located ito water
b. The City shall bear 74
supply for Aubrey Lake and 2 percent of the costs allocated to (1) water
515.0 feet above mean sea leveltandt522.0afeet above mean sea level for
Lewisville Lake of any necessary reconstruction rehab itbetween elevations tion, meat of Aubrey Lake or Lewisville Lake features which may re or replace-
continue satisfactory operation of Aubre, Laka Lewisville be required to
will be established by the Contractin ~ °r epaymenta Lake. Such costs
including schedules, will be in g Officer. Repayment arrangements,
contract. writing and will be made a part of this
C. Upon completion of payments by the City as provided in Article 5a
herein, the Contracting Officer shall redetermine the stcrage space for
municipal and industrial water sup
ouch equitable reallocation of lake sto age capacitiestamong then account Purpo
served by Aubrey Lake as may be necessary due to sedimentation. Such ses
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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
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, In the event the Government no longer operates Aubrey Lake ff
or Lewisville Lake, such rights may be continued subject to the execution of 3
a separate contract, or supplemental :o eement, providing for:
(1) Continued operation by the City of such part of, the•facility
as is accessary for utilization of the water supply storage spaces allocated
to its
(2) Terms which will protect the public interest; End
(3) Effec'tive' absolve'ment of the Government'by the bity from'all
liability in connection with such continued operation,.
ARTICLE 9. Release of claims, The City shall hold and save the
Dove-nment,•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 be filed or asse_ted 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
or from Aubrey Lake or Lewisville Lake made or ordered by the City, or as a
result of he construction, operation, or maintenance of the features and
appurtenances owned and operated by the City, provided, 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, agents, or employees.
ARTICLE 10. Assignment, The City shall not transfer or assign this
contract or any rights acquired hereunder, nor wb-allot said water supply
storage apaces 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, 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 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
F. Congress, or Resident Commissioner, shall be admitted to any share or part
of this contract or to any benefit that may arise herefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
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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 cununission0
percentage, brokerage, or contingent fee excepting bona fide employees or bona
fide established commercial or selling agencies maintained by the City for
the purpose 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 cuality. During any construction, operation,
and maintenance by the City of any facilities, specific actions gill be taken
to control environmental pollution which could result from such activity and
c "0 'with' applicable Federal, State, and local laws and'iegulations
concerning environmental pollution. Particular attention should be given to
(1) reduction of air pollution by, control of burning,
co&tainment bf'chemical vapors, and control of engine exhaustgases a dust
smoke from temporary heaters; (2) reduction of water pollution bycontrol of
sanitary facilities, storage of fuels and other contaminants, and 'control of
turbidity and siltation from erosion; (3) minimization of noise levels;
` (4) onsite and offsite disposal of waste and spoil; and (5) prevention of
II landscape defacement and damage.
ARTICLE 14. Federal and State laws, '
1 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
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(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
j (Exhibit C) that it will comply with Title VI of the Civil Rights Act of
1964 (:S Stat. 241, 42 U.S.C. 2000d et seq.) and Department of Defe.ise
Directive 5300.11 issued pursuant thereto and published in Part '00 of
Title 32, Code of Federal Regulations.
ARTICLE 15. Definitions.
a, Joint use costs. The costs of features useJ for any two or more
Project purposes.
b. Project investment costs. The initial cost of the Project,
ixluding: land acquisition; construction; interest during construction on
the value of land, labor, and materials used for planning and construction
of the Project.
c. Specific costs. The coats of Project features normally serving only
one particular Project purpose.
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Intere`ring construction, An amount of intee a
on exppe enditures for the establishment of Project servicesrdst which accrues
between the actual outlay and the time the Project is fire[
to the City for water storage, urine the parted
made available
ARTICLE 11. A royal, This contract is subject to the tritten aPProvF1
Of the Secretary of the Army's and it shall not be binding until so a
. pproved.
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IN WITNESS WHEREOF, the parties hereto have executed this contract as
of the day and year first above written.
APPROVED: THE UNITED STATES OF AMERICA
t I By
Joe H. Sdeard
Secretary of the Army Colonel CE
Contracting Officer
Date ,
TEXAS.
I ~ BY
George R. Schrader
City Manager
f I
I, Harold G.'Shank, certify that I am the City Secretary of'the City of
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 Citir
of Dallas, Texas this day of 1975.
Harold G. Shank
Secretary
City cf Dallas, Texas
CORPORATE SEAL
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Contract No. DACW63-76-C-0000
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AUBREY AND LEWISVILL_ E LAKES
E LS IT A
i - LAKE STORAGES
Aubrey Lake
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Gross Percent
Elevation storage of Percent
Feature feet ms! Bross water supply
.,(acre-feet) stora~ store e
Flood control
632,5-640,5 265,000 892
Water supply, below 632,5 24.
799,b00 24.892„
O1Ey of Dallas) below 632,5 (591,100) 170.0,
(55.580) {74.0)
(City of Denton.) below 632,5 (207.900) 19.528)
Totals 100649600 10 0`00 (26,0)
Lewisville Lake
GIOsik Percent Percent of
Feature Elevation storage (1) of gross water supply
feet msl) (acre-feet) et2rage(2) __sto_ rage
Flood control 522,0-532,0 336,100 65,427
s Water supply 515,0-522,4 177,600 34,573 100.0
(City of Dallas) 515,0-522,0 (131,400) (25,584) (74,0)
(City of Denton) 515.0-522,0 46 200) (8.989)
Totals 513,700(2) 100.OOp (26.0)
(1) 1985 conuition,
(2) Be.ween elevations 515.0 and 532,0 feet Mal.
II -PROJECT ESTIMATED CONSTRUCTION INVESTMENT TO BFBF A_ATED
Federal construction cost
Nonreimbursable costs (unallocable) (1) $152,745,000
Project cost to be allocated 5 840 000
Interest during construction on allocable cost 1 6,905,000
Project construction investment to be allocated _ 16.343'-900 (2)
$163.248,9`00
(1) Relocation of roads above replacement-in-kind standards.
(2) Interest rate for flood control and Federal share of recreation - 3.25%.
+
Iatereat rate for water supply and non-Federal' share of recreation -
5.116X.
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II1 -ALLOCATION OF ESTI*tATED CONSTRtICTION INVESTMENT
Separable coats - remaininbe nefits method)
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Water
supply Recreation
--Totals
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1. Specific facilities cost: $ 145,000 $2198450000
Aubrey Lake (145,000) (19,575 000) $ 21,990,000
Lewisville Lake (0) (2,270,000) (19,720,000)
2, Joint use facilities cost: 8907070600 35 207 400 (29270,000)
Aubrey Lake {86,741,600) ' ' 124,915,000
Lewisville Lake (34,0436400) (120,785,000)
(2,966,000) ~ (1 ,164,ON --4!1
Subtotals -cost _$89,852,600 $57 , 052, 40h 14630,000)
• 3. Interest during ,805,000
construction: 120628,400 (1)
Aubre,r Lake 3,715,500
Lew 1603432900
(12,211,100) (3,510,500) (15,727,600)
Lewisville Lake •(4172300) _ (199,000)
4. Total allocation- (616,300)
inveetQeat: $102,481;000`(2)' $6o767900
Aubrey Lake (99,097,700 $163',248,900
Lew
isville Lake 3 383 300) (57,134,700) 025602320600)
,{3, 6331000) {7, 016$ 00)
(I)' Interest rate for water supply - 5,216% (fiscal year 1976). Interest rate
for reimbursement for water supply 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% $2,503,600 $7303320300 $75,835,900
+ Present water supply , (?.503,.090) ..(37,399,500) (39,903,100)
Future water supply
I City of Benton - 26X (0) (35,932,800) (35,432,800)
water supply 879,700 25,7650400 26,6450100
Present 9,700) (139140,400) (14,020,100)
'I Future water supply (87
+ Totals ----~0) 12 625 000)112,625,000)
` $3,3830300 $9990970700 $10294810000
IV - ALLOCATION OF ESTMATED OPERATION AND MAINTENANCE COSTS
Aubrey e
A. Al. acation of estimated total annual costs:
Water
s- upply Recr_ eation Total
1, Specific cost $ 479700 $435,000 $4820700
2. Distribution of joint use
cost (percent) 57,283 42,717 100.000
3, Allocated joint use cost 81.800 _61,000
4: Total allocation 142,800
,129,500 $490,000 $6259500
To be paid by the City of Dallas:
74X of specific cost for water supply facilities $35,298
Aubrey Lake joint use cost:
Present w/s (0,51 x 0,74 x 0.57283 x $142,800) 30 871
Future w/s (0.49 x 0.74 x 0,57283 x $142,800) 291661
Total
$95,830
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B. Determination of payments by the City of Dallas for operation and
maintenance costs of specific water supply facilities:
S - Total experienced specific water supply facilities costs for the
preceding Government fiscal year,
R - Total experienced specific water supply facilities costs for the
next preceding Government fiscal year.
Pa - Payment to be made by the City of Dallas for specific water supply
facilities costs,
lot payment, Ps - 0.74 x $47,700 x No. months in 1st period
(j 2nd payment, Ps a 0.74(S x 12
12
No, months in 1st period + S) 1st payment
3rd payment, Pa - 0.74(2S - A), where A - S x 12
No, months in 1st payment
from the 2nd payment
Subsequent payment, Ps . 0.74(2S -'R)'
C. Determination of payments by the City of Dallas for joint use operation
and maintenance costs allocated to present use water supply:
• v. .
J - Total experienced joint use costs for the preceding Government fiscal
year.
I - Total experienced joint use costs for the next preceding Government
fiscal year.
P w Pa
j yment to be made by the City of Dallas for joint use costs
allocated to water supply,
lot payment P . " . .
J. 0,21618 x $142,800 x No. months in 1st period
12
j 12 f
2nd payment, P - 0.21618(J x No. months in let period + J) - 1st payment
3rd payment, Pj - 0,21618(2J - B), where B - J x 12
No. months in lot period
from the 2nd payment
Subsequent payment, Pj - 0.21618(2) - I)
D. Determination of payment's by the City of Dallas fer ac:ditional amounts of
joint use operation and maintenance costs allocated to future use water
supply:
J - Total experienced joint use costs for the preceding Government fiscal
year.
I - Total experienced joint use costs for the next preceding Government
fiscal year,
Pi - Payment to be made by the City of Dallas for joint use costs
allocated to water supply.
lot payment;
Percent of future w/o
P -storage placed in use No. months in lot eriod
j 100 x 0.20771 x J x
12
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2nd payment,
Percent of future w/s
months in
P storage placed in use NO.
100 x 0.20771(1 x lbt period
1- 2 ` f J) - 1st payment
Percent of future w/s
Subsequent payments, p storage placed in use
j 10^ 0 x 0.2077] (21 _ I)
NOTE: The computations above in part D are based on J
' in the first
Payment being the costs for a full Government fiscal
Project operation. In the event the first use of futu erwater
MUPPlY should be made prior to completion of a full Government
j fiscal year of Project operation, make one of the following
adjustments:
(1) If the preceding Government fiscal year was a Partial year of
Project 'operation, •subs.Itute J x
12
for J In computing the 1st go. months Project In operation
be computed as shown, Payment. All remaining payments will
(2) If first use of future water supply occurs in the first year of
Froject operation, use the estimate of $142,800 for J in corn-
{ -puting the' first payment, use J x 12
for J in computing the 2nd .7- months Project Ir. operation
12 payment, and use
J x .
f W. months Project in operation from the 2nd payment for I in
computing the 3rd payment. All remaining payments will be
11 computed as shown.
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V - ALLOCATION OF ESTIMATED lSA10R CAPITAL REP1ACEtlEY1~
CO5'fS AfiD SEDL`iENTA'1'IO~ RGSliltyi:YG COSTS
A. 11a~or capital replacements c, osts: tl)
kubre~y Lake
Water Total
su 1 Recreation
$11100 $107,800 $108,900
1. Specific cost rCent) 65,714 34.286 100.000
2• Distribution of joint use cost (Pe 2.300 1 200 y i
{ 3, Allocated joint use cost $30404 104,000 $112,400
.4• Total allocation
id by the city of Dallas: $ 814
To be Fa supply facilities
74% of specific co, t for Water
Aubrey Lake joint use costs. 868
present w/s (0.51 x ) .74 x 'r .65714 x $3,500) 834
Future W,Is (0.49 x 0.74 x 0.65714 x $3,500) (2), 2,51b
Total
nnual char
be based donnthenindicated per-
(1) Estimates of average age ware ill used
allocnted percentages. All charges are-incurred-i
s if, and wben they •.centages of actual cost coat required to be paid as future water
j L (2) Additional amounts of joint use
1 i supply storage is used will be computed as followst
Percent of future w/s joint use cost
etorage placed in use x 0,49 x 0.48628 x actual 100
Sedimentation resurve a costs:
Aubr Lake
Sedimentation resurveys costa allocated to water supply and to be paid by
the City of Dallas are based oonathe percright e0tage Of the gr ss8storage In I
Aubrey Lake represented by h the City ea sect
of this Exhibit A.
present water supply ■ 0.51 x 55.580% ■ 28.3462
Percent of future W/o
storage olaeed in use x 27,234%
Future Water supply ' 100
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VI - COMPUTATIONS FOR ANNUAL PAYMENTS FOR INTEREST AND h*fORTIZATION
Present water supply:
Amount to be amortized:
Lewisville lake $ 3,383,300 x 0,74 ; 21503,600
Aubrey Lake 0,99,097,700 x 0.74 x 0,51 37 399 500
Total 39,903,100
c
. Based an 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 5.116 percent,
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A - P Where: P - annual payment
P 1 A = aaaunt to be repaid - $39,903,100
i + c i'- interest rate - 5,116%
.J r. ..L r... a •l. 'r'
'it-amor'tiaation coaffici'enE for 49'
years - 0.004859105617
$39.9039100 - P
0,0511 + 0.:;04859195617
17.85102390P - $39,903,100 - P
18.85102390P - $39,903,100
{ f P - $2,116,760.35 .
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Contract No. DACH63-76-C-oooo
pIJI1R°Y A'!n TT-4T:WlM:7-: _T,AvE3
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G 1692591.!39 2241Gts•4G 2!16760.35 yr.Yr,yhld•1'
~I 7 1#slsll23.43 835636.62 21t676J•35 36`~33Ycl.~+c~
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9 lobG396.32 2GJJ64.03 2116700.iS 36Je 'x25.11
10 1b43376 I :10 273644.94, ~116160,.J,5.,..,. 57f314,4.`~
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1 5 176552b•46 351231.6`) 2316.16}.35 3415,10 •
16 1747559.44 369?90.91' 2116,760.35 33Yev~iS•hI
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19 1661946•Jr. 42ct14•2 9 2116'l00 .3SS 32t,4h';:,r•al
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21 • x1642910,41. 47't)5I P,
l 22 1610 to/. I6 2116760.35 JJGIbS'i4i•eG,
23 . 15')3286. 10 52;15p . 59
2116760.35 30001•71
' 24 15654424'16 550317.57
25 1538206.53 b?64'/l•C•'2 21167!',0.35 2rr;~155r~•C`~
i 1 26 1bOr6d3.92 bUciJb0•4y 61 21 147*1 be 5.2•~ lb- I1 ~•3t) -l 1r J~• 1•
26 1444bn5•J4 611815•.31 2 f
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3'2 1396476:d3 ba0?t'3.52 211:7.,J•3S
33 1254511.12 062249.23 '?116760.35 236a%i?73.43
34 1210391i•45 976361.90 2L1676J•35 22752716.5•.3
35 1164026.90 952731.37 2116'16J•35 21 16
36 111525'1424 10'31473•!! 2116760.35 237 98!~I'P.0a
31 10G4')!i1•h,d IJ5?.'I)o•41 211676J•35 1974bS)361-6
38 lOlDV)5.3I 1136565.04 21 16760.35 I'o63 d;~' 36a114
39 953533.44 1163176.91 211675JOS 17476? 61 •F,3
40 694075.31 12)426b5•VI 21161 5J•35 16'~63316 0 1.>r
41 831522.75 12b5237.60 2116'160.35 14960136.99
42 165169699 135J99J•36 2116760.35 136171 4606J
43 696653.32 142JI)7.03 2116760.:!5 !2!9'1041•x,)
44 6240)0.63 1 2 75 21 L676J • 35 l j-1011~~: i •9J
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46 467354.41 1641)406.94 '2116'160.35
47 3629'IJ•b) 1733769.55 21167(;O035 57:519I~7• I'1
48 2942'IJ.13 1b22f1`)J.22 211676J•35 3y2940t,0 9')
49 201031.53 1915726.62 2116760.35 201373~s0J
50 103022.64 2013736,06 B_1 211676J•9e
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i Contract No, DACW63-76-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
f 1 ! DEPARTMENT OF DEFENSE DIRECTIVE UnDF.R
{ TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Dallas, Dallas County, Texas (hereinafter called "Applicant-
r-O Recipient") 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 300,
Issued as Department of Defense Directive 5500,11, December 28, 1964)
i,8s4ed 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
in,'be denied the benefits of,'or be otherwise subjected to discrimination on
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this, agreement, ,
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
I 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 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 Spplicant-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 Federal 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 data.
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-1
Judicial enforcement o° this assurance. This assurance is binding on the
personaor-personsnwhoseasignaturesaappearsbelowsarenauthorizedatoasignhthis
{ assurance on behalf of the Applicant-Recipient.
THE CITY OF DALLAS, TEXAS
Dated By
George R. Schrader
City Manager
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1 ATTEST:
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Haro G.,S nk
Secretary
'
! City of Dallas, Texas
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Contract No, 1)ACW6?-76-C-0000
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AUBREY AND LEWISVILLE LAKES
EXHIBIT D
OPINION OF COUNSEL
I have reviewed and ep~roved contract number DACW63-76-C-0000 between
j the United States of Aaerica and the City of Dallas, Texas.
ParticularlX I have c.,
onsidere4,the effect of Section,221 of, Public Law, 91-611
] (42 U.S.C. 1962d-5b) and am of the opinion that the
I City cf Dallas, Texas
has the re - , , , ,
quisite legal authority to enter into and comply with this ,
R agreement as required by the aforementioned statute.''
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\ \ . Dated
N. Alex BiWey
City Attorney ~J
City of Dallas, Texas !
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