HomeMy WebLinkAbout11-01-1983_10-25-1983
SECTION 25-151, SEPTIC SYSTEMS
Septic tanks shall be Installed In accordance with the
provisions of the latest edition of the "Construction standaroa
for Private Sewage Facilities", as published by the Texas
Department of Health,
SECTION 25-152, DRY CLOSETS PROHIBITED
It shall be unlawful for any person or persune to build, use
or maintain -any privy, or dry closet on any lot of land within
the corporate limits of the City except for portable sanitary
privies utilized temporarily,
SECTION 25-153, CONSTRUCTION OF SANITARY SEWERS
AND CONNECTIONS
The construction of sanitary sewers and connections thereto
shall be as provided in the ordinances of the City of Denton,
SECTION 25-154, OWNER RESPONSIBLE FOR MAINTENANCE Or
SANITARY SEWER SERVICE LINES,
The City sh411 not be responsible for the maintenance of anv
building drains or service lines and such maintenance shall be
the responsibility and duty of the owner of the premises
serviced by any such service tine.
SECTION 25-155, COMPLIANCE WITH PLUMBING RFOULATIONS
REQUIRED,
Sanitary sewer service shall not he furnished to anv premiso
where tht plumbing thereof has not lt+en Installed in accordance
with the building regulations or any other previsions as
provided In the Ordinances of the City of Denton,
SECTION 25-156 thru SECTION 25-159, RESERVED
DIVISION 3
USE Or PUBLIC SEWERS
.SECTION 25-160, DISCHARGE PROHIBITIONS
it shall be unlawful for any person to discharge or cause to
be discharged Into the sewage system or into a natural outlet,
materials, waters, or wastewater, if such substances may
interfere with the facilities, operation, or performance of th!
sewage system, or have an adverse effect on the environment, or
may otherwise endanger life, health or proosety, or constitute a
CAGE TWELVE ,
Public nuisance, In determinlnq the acceptability of substamoea
for discharge into the sewage system, the Director of Utilities
shall give consideration to such factors as the quantities of
subject substances in relation to flows and veloeitles in the
sewer system, materials of which the sewer system Is
constructed, nature of the wastewater treatment process,
rapacity of the wastewater treatment plant, degree of
treatability of the substances in the wastewater treatment ctant
i
and such other factors which may be pertinent to such evaluation,
Substances speaificall.y Prohibited from being discharged
into the sewage system are as followsi
(a) Any liquids, solids or gases, including but mot
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylen'J, etheru, alcohols, ketones,
aldehydes, peroxides, c5lorates, oerchlorates,
bromatots , carbides, hvdrides, sulfides or any
other substances which are a fire or other hazard
to the system,,, which by reason of their nature or
quantit are, or may be, sufficient either alono
or by interaction with other substances to cause
fires, explosions, or be injurious in any other
way to the facilities or operation of the sewage
System,
(b) Any substance which causes two successive readings
on an explosion hazard meter, to be more than five
percent (54) or any single reading over ten
percent (101) of the Lower Explosive Limit (LEL1
of the meter as measured at the point where the
wartewater is discharged into the sewage system,
(c) Any wastewater having a pH less than fivt (5),
greater than ten (101, or any wastewater having
i any other cortosive property capable of causing
damage or hazard to the sewage system or any
person,
(d) Any wastewater containing toxic substances in
sufficient quantity that may, either simply or by
interaction with other substances, imiure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect In the receiving waters of the sewage
system, or exceed the limitation set forth in the
Categorical Pretreatment Standards,, A toxic
substance shall include but not be limited to env
substance identified pursuant to Section W (a) of
the Act.
Ie) Any substance discharged Into the sewage system
such as residues, sludges, or scums, which
interferes with the reclamation process, or anv
substance which causes the sewage avstem to be In
non«compl(ante with Sludge use or disposal
guidelines' or regulattons developed under Section
405 of the Act, or any guidelines, or requlations
PACE THIRTEEN
affecting sludge use or disposal Promulgated
Cleans Air Act, and lthe Toxic Substances Acgontrol
Act as amended by the U,S, Congress,
(f) Any liquid or vapor having a temoorature higher
than one hundred fifty 11501 degrees Fahrenheit
(65M I If, in the opinion of the Director ot`
Utilities, lower temperatures of such wastewater
could harm either the sewage system, wastewater
treatment process, equipment, or have an adverse
effect on the receiving stream or could otherwise
endanger life, health or property or constitutes a
public nuisance, then the Director of Utilities
may prohibit such discharges,
(9) Any wastewater containing fats, wax, grease, or
o
fifty ils, whether emulsified or not, in excess of
solidity 0ormbecome viscouslet temoeratures hbetween
thirty-two (32) degrees Fahrenheit, (00C', and
one hundred fifty (150) degrees Fahrenheit,
(650C),
SECTION 25-161 HAZARDOUS METALS OR TOXIC SUBSTANCES
1, It shall be unlawful. for anv person to dlsoiaroe Into
the sewage system unless such discharge is allowed under the
provisions of Section 25-174, "Industrial/Commercial wastewater
Surcharge"p
(a) Any wastewater containing hazardous metals to such
degree that any such material received at the
point of discharge into the sewage system exceeds
the limits established belowi
NOT 10 EXCEED
Da y drab
etal Average Composlte Sa P e
Arsenic 0,1 0.2 0.3
Barium 1.0 2.0 4.0
Cadmium 0.05 011 0,2
Chromium 0,5 1,0 5.0
Copper 0,5 1,0 2.6
Lead 0,5
Manganese 110 2.0 3.0
Mercury 0.005 0,005 0,01
Nickel Selenium 1.0 2,0 310
0,05 0,1 0.2
Silver 0105 0.1 00
Zinc 1.0 210 6,0
(b) Other metals not listed above which will, in the
opinion of the Director of Utll,ities, damage the
sewage system or interfere with the treatment
process.
(c) Any wastewater that contains phenolics in excess
of 0,1 milligrams per liter (mg/1) by welght,
(d) Any radioactive wastes or isotows Into the Public
sewers without permission of the City,
PAGE FOURTEEN
(e) Quantities of flow, concentrations, or both, which
constitute a "slug" as defined herein,
if) Materials or substances which cause,
(1) Concentrations of inert suspended no IIas
exceeding 250 mg/l or total dissolved solids
In concentrations greater than 000 mg/l and
sodium sulfate in concentrations greater than
$00 mg/1,
(2) Conoentrations of BOO exceeding 1,50 mg/l, COD
requirements exceeding 250 roc/1, chlorine
requirements exceeding 4.0 mg/l or phosphorus
concentrations exceeding 5,0 mg/1,
(3) Discolorations, such as, but not limited to
dye waters and vegetable tanning solution,
(9) Any wastewater with a concentration of cyanide the
total of which is in excess of 1,0 mq/1,
2. In cases where a user wishes to discharge any wastewater
having characteristics exceeding maximum permissible limits
stated above, the Director of Utilities may, pursuant to an
Industrial Commercial Wastewater Discharge Permit granted to
such user, after conducting necessary evaluation of the
wastewater, permit such discharge iii
Ia) the wastewater will not cause damage to the
sewage systems
(b) the wastewater will not Impair the City's
treatment processi and
{c} the user discharging the wastewater comolles
with any pretreatment process and/or
requirement imposed by the Director of.
Utilities.
SECTION 25-162, DISCHARGE OF WATERS NOT CONTAINYNO SE14AGE
It shall be unlawful for anv person to discharge unoo).luted
waters into the sewage system. Except with the approval of the
Director of Utilities, or as otherwise provided in this Article,
no storm water connection from any building or vard, nor any
drain from any catch basin, lake, swamp, pond, or swimming pool,
not any outlet for surface water, storm water or ground water of
any kind shall be connected to the sewage system,
Within any area served by a separate sanitary sewer and a
storm sewer, no storm water shall be allowed to enter the
PAGE FYFTREN
INNIS
sanitary sewer from waste or vent pipes of any buildino, within
any such area no down spout, roof leaders, gutters, other pipes,
or drains such as channels which may at any time carry storm
water surface drainage dotived from hydraulto pressure or from
well points, or lake water, shall be connected with any sanitary
sewer,
SECTION 25-161, DISr'RAROS TO A NATURAL OUTLET'
It shall be unlawful for any person to discharge polluted
water to any storm sewers or natural outlet within the area
served by the City except where suitable treatment has been
provided in accordance with the provisions of this Article, and
except where a rederal National Pollutant Discharge Elimination
Systems (NPDES) Permit has been duly issued and is currently
valid for such discharge. A valid copy of such a permit and any
modifications thereof must be filed with the Director of
Utilities,
SECTION 25-164, WASTEWATER DiSCNAROES REOUIRTHO TRAPS
All persons discharging oil, grease, sand, flammable wastes,
or other harmful substances in amounts that, in the opinion of
the Director of Utilities, will impede or stop the flow in the
sewage system shall install a trap before the point of discharge
into the sewage system, Any person responsible for discharges
requiring a trap shall, at his own expense and as required by
the Cityt
(1) provide equipment and facilities of a tvpe and
capacity approved by the Citvt
(2) locate the trap In a manner that provides ready
and easy accessibility for cleaninc and
inspections and
(3) maintain the trap in effectlve operating condJtion.
SECTION 25-165. WASTEWATER DISCHARGE PROM TRANSPORT TRUCHS
All persons owning or operating a vacuum truck, "cesspool"
pump truck, liquid wastewater transport truck, or other vehicle,
shall not discharge or unload any septic tank, seepage pit,
inceptor or cesspool contents from such vehicle without first
PAGE SIXTEEN
e 1
having received a valid Transport Truck Discharge Permit (TTn
Permit).
TTD Permits shall be issued by the Director of Utilities
upon proper application and payment of a Fifty Dollar (554,40)
permit fee, All TTD Permits shall be valid for one (1) year,
No person holding a TTD Permit shall unload or discharge any
waste or wastewater except In a manner and at a place as
specified by the Director of Utilities, Before discharging
i
under a TTD Permit, the Director of Utilities may require the
person holding such permit to furnish a sample of the contents
of the material to be discharged as a prerequisite to
discharging Into the sewage system, The Director of Utilltl.es
may refuse permission to discharge abnormal strength wastewater
into the sewage system.
Any person discharging or unloading normal strength
wastewater under a TTD Permit into the sewage svstem shall be
charged at the regular commercial sewer rate+,
Any person discharging abnormal strength wastewater under a
TTD Permit into the sewage system shall be charged an
industrial/commercial surcharge rate,
SECTION 25-166 TNRU 25-169, RESERVED
DIVISION 4
INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
SECTION 25-170 INDUSTRIAL/COMMERCIAL WASTEWATER
DISCHARGE PERMIT REOUIRED
It shall be unlawful for any major industrial/commercial
user to connect to the sewage system or to dlacharge wastewater
to the sewage system without first obtaining an Industrial/
Commercial Wastewater Discharge Permit from, the Director of
Utilities.
All major industrial/commercial users discharging wastewater
directly or indirectly Into the sewage system Prior to the
effective date of this Article may continue that discharge one
Sundred eighty (190) days after the effective date of this
PAGE SEVENTEEN
Article, Prior to the sxPiratlon of the one hundred eighty
(100) day period, the major Industrial/commercial user shall
apply for an Industrial/Commsrotal Wastewater Discharge Permit
from the Director of Utilities,
SFCTION ?S-171. PROCEDURE FOR OBTAININ(i A PERMIT FOR
INDUSTRIAL WASTEWATER DISCHARGE
1. Permit AooliOAttign ' , Major industrial/commercial users
required to obtAin an Industrial/Commercial Wastewater Discharge
Permit shall complete and file with the City, an application in
the form prescribed by the City, and accompanied by a fee of
Twenty-Five Dollars (525,00), New major Industrial/commercial
users shall apply at least ninety 1901 days prior to connecting
to or contributing to the sewage system for an
Industrial/Commercial Wastewater Discharge Permit, In suonort
of the application, the major industrial/commetoial user ehAl1.
submit the following informations
(a) Name, address, and location (!f diffeeont from the
address),
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended,
(e) Wastewater constituents and characteristics
this Article n as limited
determined th by mentioned a reliable
a
be " r for nalytical laboratoryt sampling and analysis shall
established by the EPA accordance with ther Act procedures
contained in 40 CFR, Part 13F, as amended,
(d) Time and duration of contribution,
(e) Average daily wastewater flow rates, lncludino
daily, monthly and seasonal vAeiations if any,
(f) Site plans, floor plans, mechanical anA olumbing
plans and details to show all service lines, sewer
connections and appurtenances by the size,
location ana elevation,
(g) Description of activities, facilities and plant
processes on the bremises In0lud1nq all materiat,s
which are, or could be, discharged,
(h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by
any City law or regulation, or by the State nr
Categorical Pretreatment Standards, and a state-
ment reoardinq whether or not the pretreatment
standards are being met on a consistent basis,
PAGE EIGHTEEN
1
(t) If additional pretreatment and/or o8M will be
required to meet the categorical pretreatment
Standards, the shortest schedule by which the
major industrial/commercial user will provide such
additional pretreatment. The completion date in
this schedule shall not be later than the
compliance date established for the aoolicable
Cato orloal Pretreatment Standard, The following
conditions shall apply to this schedules
(1) The schedule shall contain Increments of
progress In the form of dates for the
eommenoement and completion of major events
leading to the construction and operation of
additional pretreatment required for the major
1 industrial/commercial user to merit the
applicable Cateoorical Pretreatment fitank!ards
(e. „ hiring an engineer, completing
preliminary plans, eomoleting final clans,
executing contract for major components,
commencing construction, atc,l,
(2) No increment referred to in paragraph (11
shall exceed nine (9) months.
(3) Not later than fourteen (14) days following
each date in the sohed;.lu and the final date
for compliance, the major industrial/
commercial user stall submit a progress report
to the Director of Utilitles ineludlne, as a
minimum, whether or not it complied with the
increment of proress to be met on such date
and, if not, the' data on which it expects to
comply with this increment of prooress, the
reason for delay, and the steps belriq taken by
the major industrial/commercial user to return
the construction to the schedule established.
In no event shall more than nine (9) months
elapse between such progress reports to the
Director of Utllities,
(3) Each product produced by tyre, amount, process or
processes and rate of production.
(k) Type and amount of raw materials orocessed
(average and maximum per day).
il) Number and type of emoloyees, and hours of
operation of plant and proposed of actual hours of
operation of pretreatment system.
(m) Any other information as may be doemed by the City
to be necessary to evaluate the permit application,
2, Permit Modifications
Within nine (9) months of the promulgation of a Categorical
Pretreatment Standard, the industrial/commereia). Wastewater
Disehai'ge Permit of najor industrial/commercial users subject to
such standards shall be revised to require compliance with such
seAndard within the time frame prescribed by such standard,
Where a major industrial/commercial user, subiect to a
PAt3t NINETEEN
CAtegor(oaI Pretreatment Standard has not previously submitted
an application for an Industrial/Commercial Wastewater Discharge
Permit the major industrial/commercial user nhall apply for an
Industrial/Commercial Wastewater Discharge Permit within one
hundred eighty (lso) days after the promulgation 0r, the
applicable Categorical Pretreatment Standard, In addition, the
major industrial/commeroial user with an existing Industrial/
Commercial wastewater Discharge Permit shall submit to the
Director Iof Utilities within one hundred eighty (180) days after
the promulgation of an applicable Catroorical Pretreatment
Standard the information recuired by paragraph (h) and ( i ) of
Section 25-171 (2, Permit Application),
3. Permit Conditions, Industrial/Commercial wait ewater
Discharge Permits shall be expressly subject to all provisions
of this Article and all other applicable regulations, major
Industrial/commercial user charges and fees established by the
Code of Ordinances of the City of Denton. Permits may contain
the followings
(a) The unit charge or schedule of Industrial/
commercial user charges and fees for the
wastewater to be discharged to the sewaoe system.
(b) Limits on the average and maximum wastewater
constituents and characteristics,
(o) Limits on average and maximum rate and time o1
discharge or requirements for flow regulations and
equalization.
(d) Requirements for installation and maintenance of
inspection and sampling facilities,
le) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number types, and standards for tests and
reportInq schedule,
(f) Compliance schedules,
(g) Requirements for submission of technical reports
or discharge reports,
(h)' Requirements for maintaining and retaining plant
records relating to wastewater discharge as
specified by the City and affording City access
thereto,
PACE TWENTY
i
-ate
(I) Requirements for notification of the City of any
new introduction of wastewater constitutents or
any substantial change in the volume or character
of the wastewater constituents belna introduced
into the wastewater treatment system,
(j) Requirements for notification of slug discharges,
M Other conditions as deemed appropriate by the city
to ensure compliance with this Article
44 Permit Duration, Permits shall be issued for a
specified time period not to exceed three (J) years, A permit
may be issued for a period less than a year or may be stated to
expire on a specified date. The major Industrial/commercial
user shall apply for permit reieauance a minimum of one hundred
eighty (180) days prior to the exotrat ion of the major
industrial/commercial user's existing permit, The terms and
conditions of the permit may be subject to modification by the
City during the term of the permit. The major
industrial/commercial user shall be informed of any proposed
changes In his permit at least thirty 00) days prior to the
effective date of change,
S, Permit Transfer. Industrial/Commercial wastewater
,
Discharge Permits are Issued to a specified major
industrial/commercial user for a specific operation. An
Industrial/Commercial Wastewater Discharge Permit shall not be
reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the
approval of the Director of Utilities. Any succeeding owner or
major industrial/commercial user shall also oomply with the
terms and conditions of the existing permit,
6. Uovtlne Recuirements for Permittee,
(a) Compliance Date Report r
Within ninety (00) dove following the date for
final compliance with applicable Cateaorical
Pretreatment Standards, any major Industrial/
commercial user subject to categorical
Pretreatment Standards shall submit to the
Director of Utilities a report indicating the
mature and eonoentr eion of &1I pollutants in
the discharge from the regulated process which
are 'limited by Cateaorical Pretreatment.
Standards and the average and maximum daily
PAOE TWFN"-ONF
I
flow for these process unite in the
industrial/eommer01al facility, The report
shall state whether the acplicab U Categorical
Pretreatment Standards are being met on a
consistent basis and, if not, what additional
00 and/or pretreatment to necessarv to bring
the industrial/commercial user into compliance
with the applicable Categorical Pretreatment
Standards, This statement shall be signed by
an authorized representative of the
industrial/commercial user and certified to by
a qualified professional,
(b) Periodic Compliance Reports
(1) Any major industrial/commercial user
subject to a Categorical Pretreatment
Standard, after the comoliance date of
such standard shall submit to the
Director of utilities during the month of
June, unless required more frequently In
the Categorical Pretreatment Standards or
by the wastewater Industrial/Commercial
Discharge permits, a report indicating the
nature and concentration of pollutants in
the effluent which are limited by such
Categorical Pretreatment Standards. At
the discretion of the Director of
utilities and in consideration of such
factors as local high or low flow rates,
holidays, budget cycles, etc., the
Director of Utilities may agree to alter
the months during which the above reports
are to be submitted,
(2) The Director of Utilities may impose mass
limitations on major industrial/commercial
users which are using dilution to meet
applicable Categorical Pretreatment
standards or in other cases where the
imposition of mass limitations are
appropriate. In such oases, the
compliance report shall indicate the mass
of pollutants regulated by Categorical
Pretreatment Standards In the effluent of.
the major industrial./commercial user.
These reports shall contain the results at
sampling and analysis of the discharge,
including the flow and the nature and
concentration, or production and mass
where requested by the Direotce of
Utilities, of pollutants contained therein
which are limited by the applicable
Categorical Pretreatment Standard. All
analysis shall he performed in accordance
with procedures pursuant to Section 104
(g) of the Act and contained in 40 CF'R,
Part M and amendments thereto, or with
any other test procedures aperoved by the
Director of Utilities. Sampling shall. be
performed in accordance with the
technie4iuse aoptoved by the Director of
Utilities.
PARE TWENTY-TWO
1 '
SECTION 2$-172. PRETREATMENT OF INDUSTRIAL WASTEWATER
Industrial/commercial users shall provide necessary
wastewater treatment as required to comply with this Article and
the categorical pretreatment Regulations, Any facilities
required to pretreat wastewater to a level acoeptabl.e to the
Director of Utilities shall be provided, operated, and
maintained at the user's expense. Detailed plane showinq the
pretreatment facilities and operating procedures shall be
submitted to the Director of Utilities for review before
construction of such facility, The review of such plans and
operating procedures will in no way relieve the user from the
responsibility of modifying the facility as iooesiary to produce
an effluent acceptable to the Director of Utilities under the
provisions of this Article, Any subsequent ohanges in the
pretreatment facilities or method of operation shall be re,wrted
to and be acceptable to the City prior to the user's initiation
of the changes. All records relating to compliance with the
Categorical Pretreatment Standards shall be made available to
officials of the Environmental Protection Agency or City upon
request.
SECTION 2$-173. CONTROL MANHOLE
As a prerequisite to receiving an Industrial/Commercial
Wastewater Disoharge Permit, the Director of Utilities may, k+hen
necessary to monitor wastewater discharged Into the sewage
system, require an Industrial/commercial user to imsr,all a
suitable control manhole together with such meters, eeruioment
and appurtenances as deemed necessary by the Director of
Utilities, in order to adequately sample end measure such
wastewater. All required control manholes shall be looaced so
as to permit unrestrlcted access by the Director of Utilities or
his representatives.
SECTION 25-174. INDUSTRIAL/COMMERCIAL WASTEWATF,R SUPCHAR(iE
If abnormal strength industrial/commercial wastewater Is
PACE TWENTY-THREE;
A
r
acceptable for discharge into the sewage System under the
provisions set forth under the industrial/Commerofal Wastewater
Discharge Permit, an industrial/commercial wastewater surcharge
shall be added to the base sewer charge to cover the additional
cost of treating abnormal strength wastewater, Such surcharge
shall be calculated as follows,
CV"VU IOU - 250) 0 + (su-250) S) + lxu-250)x)
Wherdl
Luu is the surcharge for user X.
Vu Is the billing volume for user x,
~u is the tested BOD level for -iser x or 250,mg/1,
whichever is greater,
@ is the unit cost factor for treating one unit of ROD,
per 1,000 gallons.
9u is the tented SS level for user x or 250 mq/l,
whichever is greater,
¢ is the unit cost factor for treating one unit of SS
per l,Ono gallons,
Lo is the tested pollutant level for user x or 2$0
mg/1, whichever is greater.
g is the unit cost factor for treating one unit of
pollutant per 1000 gallons,
SECTION 25-175, susPEN5rON OR REVOCATION OF PERMIT FOR
COMMERCIAL/INDUSTRIAL WASTEWATER bVICHARGE
1, Permit Not Vested Rieht A permit issued under this
Article does not become a vested right in the person holding the
permit,
24 Grounds for Suspension or Revocation of Permit. A
permit issued under this Article may be revoked or susoended
upon any of the following groundsr
(a) The permittee has or is violatlnq one or more
provisions Of this Article.
(b) The permittee has failed or is failinq to
comply with one or more conditions of a permit,
(c) There is a change in conditions which requires
elimination or modification of the discharge
covered by a permit,
(d) Revocation or suspension is necessary in order
to rrevent harm or damage to the sewage system
or treatment process or is necessary to
PAGE TWENTY-FOUR
protect the health or velfare of Persons,
animals or property,
(e) The permit was obtained by misrepresentation
or failure to disclose all relevant facts.
7. Procedure for Suspension or Revocation of Permit, The
Director of Utilities may issue an order suspending or revoking
e permit issued under this Article upon the grounds epeoified In
this Article. Such order shall state the grounds therefor and
shall be served upon the permittee in person or by certified or
registeried mail. Such order of suspension or revocation shall
become effective after five (5) days from the date of service,
unless the permittee within such five (5) day Period files an
appeal and filing fee in accordance with Section 25-114 of this
Article,
4, Procedure for Aooeals From Order of Revocation or
suspension. Appeals from the order of the Director of Utilities
suspending or revoking a permit shall be processed and heard in
accordance with procedures for other appeals as set forth in
Section 25-134,
SECTION 25-176, SUSPENDED OR REVOKED PERMIT
Any permittee who receives an order from the Director of
Utilities revoking or suspending a permit shall discontinue any
discharge covered by the permit after five (5) days from notice
of such order, unless within such five (5) day period the
permittee appeals such order to the Committee, Any permittee
who has been notified by the Director of Utilities of a
suspension or revocation of a permit and does not timely appeal
such order or any permittee who has been notified of the order
of the Committee, after a hearing, of the revocation or
suspension of a permit and who continues a discharge covered by
a permit after the effective date of the revocation or
suspension of the permit may have sewage service terminated by
the Director of Utilities.
SECTION 25-177. REINSTATEMENT OF SUSPENDED OR REVOKED PERMIT
The Director of Utilities shall reinstate a susoended
Industrial/Commercial Discharge Permit uoom satisfactory proof
PAGE TWENTY-FIVE
to the Director of Vtilitiee of corrective action of the
permittee of the conditions or discharge for which the permit
was suspended,
A user whose Industrial/Commercial Discharge Permit has been
revoked must apply for a new permit and comply with all
provisions and conditions required as though a permit had not
been issued for such user.
SECTION 25-178 through 25-180, RESERVED,
PART 1111,
That If any section, subsection, paragraph, sentenoe,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held Invalid by any court of
competent jurisdiction, such holding shall not effect the
validity of the remaining portions of this Ordinance, and the
City Council of the City of Denton, Texas, hereby declxres it
would have enacted such remaining portions despite any such
invalidity,
PART IV.
That this Ordinance shall become effective fourteen 0.4)
days from the date of its paASage, and the City Secretarv is
hereby directed to cause the caption of this Ordinance to be
published twice In the Denton Record-Chronicle, the official.
newspaper of the City of Denton, Texas, within ten 1101 days of
the date of its passage,
PASSED AND APPROVED this the -44-;-' day of 1482,
,
r ~
C RD 0.' STEWART, MAYOR
CI OF D1 TON, TEXAS
ATTESTi
CHARLOTTE ALLEN, CITY SECRETAR
CITY OF DENTON, TEXAS
APPROVE!) AS TO LEGAL FORMi
C.J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Byt
PAGE TWENTY-SIX
1
way ..~-~+.y
R E $ 9 L U T I O N
WHEREAS, the Denton City Council, on May 4, 1982, adopted
ordinance No, 82-39 setting forth uniform requirements for
direct and indirect contributors into the wastewater collection
and treatment system of the City of Dantonl and
WHEREAS, this Council is responsible for the implementation
and operation of the Denton Industrial/Commerioal Pretreatment
Program and assuring that this program has adequate funding to
effectively accomplish the program objeotivest and
WHEREAS, this Council desires to evidence the faot that the
Council endorses the Denton Industtial/Commerioal Pretreatment
Programs now, therefore, ,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UENTON,
TEXAS,
SECTION I.
That the Denton Industrial/Commercial Pretreatment Program
herein and above referred to, is hereby approved.
PASSED AND APPROVED this day of , 1983.
I . RO O. STEWART,
CITY OF DENTON, TEXAS
4
ATTEST,
G R OTTE , CITY 3 RETAR
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
DY,
,I
f
Noveml,er 1, 1983
CITY COUNCIL, AGENDA ITEM
SUBJECTi
Consider Wastewater Services Agreement with Ben Pinnell and
Buddy King,
SOMMARY i
Mr. Bon Pinnell and Buddy King are developing a 60 acre
high density residential tract along FM 2181, 1-1/2 miles
west of IH-35. (see Exhibit II for details), Denton has
tentatively agreed to treat the sewer discharge from this
property, Attached is a draft of the purposed contract,
The contract essentially states that;
1, Denton will accept the sewage at Denton's Hickory
Creek Lift Station.
2. Denton will charge a rate equal to 160% of the
commercial sewer rate,
3, The Developer will install all facilities according to
Denton's specifications.
4, The Developer will operate and maintain all collection
systems, lift station and torce main (up to the City
limits).
5. The Developer will dedicate that part of the force
main that is in the City of Uenton or Denton's
extraterritorial ,jurisdiction, and the City will
operate and maintain such portion.
6. The Developer will cost a bond to guarantee payment of
monthly sewage fees,
7. The Developer agrees to be responsible for any
industrial pretreatment requirements.
FISCAL SLWMY:
Recommended fee is monthly facility fee plus volume charges
equal to 160% of commercial rates.
001ev/1
ALTNtMIM I
1, Approve Agreement.
2, Alter Agreement,
3. DotV AgxeemenCl This will probably result in the
j Develc~~ex' seeking a discharge permit to install a paoltage
lift station which is undesirable for Denton because of "ITS
proximity above Denton's raw water intake and the generally
poor operating history of developer-operated package sewer
plants
RECWEUTION Z
'the public Utiliti.as Hoard, at their meeting of October 18,
1983, recomaende<i that the City Council approve subject
Agreement,
Respectfully,
R. E, Nelson
Director of Utilities
EXMIT I Draft Proposed Wastewater Services Agreement*
0018v/2
WASTEWATER SERVICES kIRFarvz'C
This agreement, made and entered into by and between the
City of Denton, a municipal corporation of the State of Texas,
hereinafter called "City," and ,
nereinafter referred to as "developer," whether one or more,
witnessatni
WHEREAS, toe City owns and operates a sanitary sewage
collection, treatment and disposal system in Denton County,
Texas] and
WHEREAS, the City is desirous of protecting its water supply
system against the potuntially detrimental effects that may
occur dy the use and operation of small, independent sewage
collection and treatment systems near or ad)aoent to its water
supply sourcest and
WHEREAS, Developer owns certain property consisting of
approximately 60 acres of land located _
whlcn is beyond the )ur19d7ction o to I" wnion Develops,
wisnes to improve as a residential development, hereinafter
referred to as "Development"i and
WHEREAS, Developer plans to p,.vide a sanitary sewage system
to serve the Development] and,
WHEREAS, City and Developer desire to enter into this
Agreement to provide for an adequate sanitary sewage system to
serve the Development and to protect the City's water supply
system from toe effects of Inadequate sanitary sewage systems]
NOW, THEREFORE, in consideration of toe mutual covenants and
agreements to oe kept and performed oy the parties nereto, it is
agreed as followai
A. DEVELOPER COVENANTS AS FOLLOWSi
1, De90122ment Sant_tdry Sewage system Provided. The
DevelopeC snail construa! nmaintain, and
operate, at its sole coat and expense, a sanitary sewage
collection system, hereinafter reforrud to as "sewage
system," to adequately serve its Development,0
2, Specificationsi Inspections. Developer shall construct
ens sewage system in accordance with the engineering
plans and specifications attached hereto as Exhibit A,
which are incorporated herein for all purposes,
Developers shall allow and cooperate in the inspection
of the sewage system by the City, its agents or
employees during construction and installation of the
sewage system. Developer, its contracters, agents, and
employees agree to comply with all ordinances,
procedures, and methods required by toe City for similar
construction within the jurisdiction of the City, The
Developer agrees to make any changes, modifications,
repairs or reconstruction of the sewage system as
directed by the City during the installation, or
construction or future reconstruction, repair or
PAGE ONE
installation of the sewage ayatem to comply with the
plane or specifications in Exhibit A,
seway_e system Ixtenslon Nine, Developer agrees to
aona tuot and insta , in accordance with City
specifications, all necessary lines or Maine from tine
sewage system to the city's Sewage main at Developer's
sole oost and expense. Within sixty i6o) days Of
approval and acceptance of the completed construction of
said lines or mains, oeveloper shall conyey to City all
Chia, right, or interest in said lines, mains, and
easements located within the city limits of City, All
lines, mains, and easements conveyed herein shall be
conveyed fees and clear of all liens and encumbrances of
any kind, oeveloper, prior to conveyance of said lines
or Maine to the City, Developer shall provide a one year
malntsnanoe bond to the City for Such lines or Maine,
Developer shall pay all tapping or connection fees
required for simllar connection to City's sewage system,
Oration and Maintenance, Developer agrees to operate
and maintain the sewage system at its sole cost and
expense and in accordance with all federal or state laws
and regulations applicable thereto, Developer shall, at
its sole cost and expense, maintain, repair, replace or
reconstruct all sewer lines, pump stations, vents,
manholes, or other sewage syatem equipment or appur-
tenances so as to keep the sewage system in good and
safe working order,
Non-residential Users, Prior to allowing any connection
to the sewage system by any incustrial, commercial, or
non-residential customer or user, Developer shall
require such customer or user to enter into a written
agreement with the Clty, The agreement shall provide
that suon customer or user shall oe subject to all
ordinances of the City regulating the discharge of waste
or wastewater into trio sewage system which would be
applicable to such customers or uaers within the
jurisdiction of the City and may contain any other
provisions the City may deem necessary to protect,
maintain and operate its sanitary sewage system, Should
developer allow connection of such non-resloehtial user
without first requiring suen written agreement, City
shall have the right to disoonnect such user from
Developer's sewage system, with or without prior notice,
and Developer agrees to pay to City any loss, damages,
or costs to the City's sewage system caused by or
resulting from such unauthorized connection or use and
for any loss, carnage, costs, claims or liabilities
caused to such disconnected user for which the City may
or is found liable, Developer shall, at all timer,
allow City, its agents and employees, access to any pa It
of the sewage system to inspect, sample, test, )r
examine all waste or wastewater discharged into the
Developer's sewage system to determine the character and
concentration of such discharges,
6, Rate. The Developer agrees to pay to City for all waste
or wastewater received from Developer, s sewage system by
City's sewage system in accordance with the rates
2ACe :tic
established b City ordinances applicable to suon volume
and type of discharges (ecelVed,
Ind a t Developer agrees ro indemnify City from any
and a Lability, loss, or damage City may suffer as a
result of claims, demands, costa, or )udgments against
it arising out of the construction, installation,
operation, or maintenance of Developer's sewage system
including the construction, installatlona, operation, or
maintenance of the extension lines or mains connected
to City's sewage systomr provided that this indemnity
provislon shall not apply to the part of said extended
lines or mains wnieh are conveyed to City after the date
of transfer of ownership,
a, sl nmentr Transfer of interest, Developer shall not
assign this agreement without the prior written approval
of city. Developer shall not sale, lease, rent, or
enter into any agreement concerning the operation or
maintenance of the sewage system or part thereof with
any other party without the prior written consent of the
city, Should Developer desire to Assign tnis agreement,
or desire to enter into any agreement with another party
concerning the operation or maintenance of toe sewage
system, or any part tnereof, Developers shall first
notify the City and shall provide the City with any
information requested concerning such proposed
assignment or agreement, The City shall approve such
assignment or agreement only If it Is satisfied that
such action would not be detrimental to the operation or
maintenance of tiro sewage system, the City's sewage
system or Fotantiall Injurious to its water supply
source,
8. CITY COVENANTS AS FOLLDWSr
l C nnec In sower lines, City shall maintain and be
,.,pons b e for all sower mains, lines, or easements
conveyed to City by Developer in Accordance with this
Agreement,
2, Sewage Received, City agrees to transport, treat, and
dispose o tail waste and wastewater discharged into its
sanitary system from Developer's sewage system in
accordance with the prpVlalbns herein,
J. Billing , City shall bill Developer for sewage services
provided nerein by sending a statement to Developer
at
its pusiness address, unless and unti Developer she 1
notify City in writing of a change of business address,
C. TERM, This Agreement shall continue in force until
cancelled or terminated by either party in accordance witn
tnis Agreement,
D, SATISFACTION vF PEAFORMANCE, Tnis Agreement shall be
peeformeo oy Developer in a manner satistactory and
accoptable to City, who shall be the sole judge of the
quality of performance.
E. TERMINATION, ii eitner party enall violate any of the
covenants undertaken herein or any of the duties imposed
upon it oy this agreement, such violation shall entitle the
other patty to terminate this agreement, proM ea that the
party desiring to terminate shall give the offending party
At least th.;rty (30) (lays written notice, speoifying the
particulars wherein it is claimed that there has been a
violation thereofi and if at the end of such time the party
notified nas not removed the oause of complaint, or remedied
the purported violation, then the termination of this
agreement Shall be deemed complete.
IN WITNESS WHEREOF, the parties 'hereto duly execute this
Agreement in several counterparts each of which shall constitute
an original on this the day of , 1983
DEVELOPER
BY,
BYE
CITY OF DENTON, TEXAS
BYr
ATTESTi
CHARLOTTE ALLEN, CITY SE RETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM,
C. J. R, CITY ATTORM
CITY OF DENTON, TEXAS
P,sGE oln
WY of DENrON, TEXAS MUNICIPAL. RUf1.pING'/ DEN TON, TEXAS 76201 / TELEPHONH (817) 5668200
M ,E M O R A N D U M
4
TO; Betty McKean, Assistant City Manager
FROM: Steve Brinkman, Director, Parks and Recreation
DATE: September 30, 1983
SUBJECT: Briarcliff Park
The Park Board formally approved the name, Briarcliff Park, for
the land we are leasing from the State School, This name was
supported by both the neighborhood residents and the administrator
.of the State School. 4
We would like to request that Council approve this name at the
October 18, 1983, Council meeting, If you feel that is appropriate,
i will work with Charlotte to get it on the agenda. Also, enclosed
are the minutes from the Park Board meeting in which the name was
approved,
eve r n man
PARKS AND RECREATION DEPAR'TME'NT 1 817.387,6146, 5668270
r e)
i
i
1TYa/OBNromTBXAS MUNICIP4 i3ftVING / DENTON, TEXAS 76201 / TELEPHONE(817) 5668100
CITY OH DENTON
PARKS AND RECREATION BOARD MEETING
` MONDAY, SEPTEMBER 25, 1983
500 P.M. SENIOR CENTER
MEMBERS PRESENT: Mike Campbell, Chairman
Ronnie Roberts, Co-Chairman
John Travelle
Jane Malone
Linnie McAdams
STAFF PRESENT; Steve Brinkman, Director, Parks and Recreation
Joy Hesch, Senior Secretary
GUESTS'PRESENT: Willie Hudspeth, Denton aBiys' Tackle Football
Associton
Jill Briggs, North Texas Daily
1. MEETING CALLED TO ORDER
The meeting was called to order by Mike Campbell, Chairman,
II. APPR`VAL OF MINUTES
On a motion of Jane Malone, second of John Travel le, the
minutes of the September 12, 1983, meeting were approved.
111 . OLD BUSINESS
1. Advertising:
Jane Malone reported that she had attended a meeting of
the Planning and Zoning Commission which was concerning
advertising in the City of Denton, She presented the
members with a copy of the statement she had made before
the commission.
Mike Campbell opened a discussion of the Policy/Procedure
regarding advertising in city parks which had been on the
PARKS AND RECREATION DEPARTME'NT / 817.387•6146, 566,8270
Parks and Recreation Board Meeting
September 26, 1983
Page - 2
agenda at the previous meeting, Mike said he thought the
policy should be broadened in the following areas;
a) Part 2 of the Policy Statement should read "Be permitted
on scoreboards or other essential athletic facilities".
b) in the section, Donations of Scoreboards, it should be
changed to read "Donations of scoreboards, equipment or
essential athletic facilities",
c) The title of the Policy/Procedure should be changed to
read "Advertising in Athletic Areas in City Parks",
d) Procedure for Advertising should be changed to "Procedure
for Advertising on Scoreboards or Athletic raciliti(3s".
The members concurred on all points. Steve said a copy of
the amended form will be sent to the members prior to the
next meeting.
2. Name of New Park;
Steve reported the residents of the area to be served by the
new park had met, and the preference for the name of the
park was "Briercliff",
Ronnie Roberts moved the board approve the name of "Briercliff"
for the new park, Linnie McAdams seconded the motion. The
motion was passed unanimously.
IV. NEW BUSINESS
1. Youth Sports Advisory Group;
Steve reported there were four points to the rer.ommondations
of the advisory group. They are;
a) Boys' Baseball and Youth Football will use Evers park
for their programs, There is a need to light all the
fields at Evers for baseball and football, The current
lighted softball field should be redeveloped for base-
ball use.
b) Girls' Softball will move to Denia Park and operate on
the two lighted fields at that location.
' c) Develop a soccer complex at North Lakes Park. Games
will be phased out of neighborhood parks.
Parks and Recreation Board~~Meeting
September 26, 1983
Pago - 3
d) Basketball program will continue to use the recreation
canters, but additional gym space will be needed as the
program expands and time at the existing gyms becomes
limited,
Willie Hudspeth, president of the Denton Boys' Tackle
Football Association, stated that participation in that
program will increase by 10% 1n 1984 and to 484 participants
in 1985. That figure should remain the same until 1987,
Ronnie Roberts, a member of the advisory group, said there
was good cooperation between the individual sports groups.
He said the group's primary concern was the development of
a soccer complex at North Lakes and expanding the lighting
at Evers,
2. Adult Sports Advisory Group;
As the representative of the Adult Sports Advisory Group,
Steve gave the following as that group's recommendations,
a) All adult softball programs will move to Mack Park,
Two additional lighted fields should be constructed
immediately and two more when the need arises,
b) Touch football will continue to use Evers Park,
3. Approve Youth Sports Contracts;
On a motion of Ronnie Roberts, second of Jane Malone, the
Board recommended the Youth Sports Contracts be directed to
the City Council for its approval.
V. OTHER BUSINESS
None.
VI. ADJOURN
On a motion of John Travelle, second of Linnie McAdams, the
meeting was adjourned.
~ T
C07YODENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66.8200
MEMORANDUM
TO: Chris Hartung, City Manager
FROM; Rick Syehla, Assistant City Manager
DATE; October 27, 1983
SUBJECT: ONE WAY FRONTAGE ROADS ON I-36 NORTH OF U.S. 77
Several meetings ago the council asked for more clarification on the need
for making the frontage roads one way from U.S. 77 to the city limits.
Subsequently, Dwight Byrd, Resident Engineer, for the highway department#
appeared before the council to give them further information. Attached
is a letter from District 18 again outlining the problems and the reasons
for their request to one-way the frontage roads, At a prior meeting, the
council indicated that they would review the situation after they
received more information. The highway department has requested that we
give them final answer as soon as possible.
If yoU; r council has any further questions, please let me know.
c veh a
Assistant City Manager
lah
1459M
COMM.(WON STATE DEPAR'T'MENT OF HTGNWAYS iNGINElR oIRECTOR
ROBERT H. 060MAN, CHAIRMAN AND PUBLIC TRANSPOR'T'ATION MART( Q. GOODE
A. SAM WALOROP P,O. Box 3067, Dallas, Texas 75221
JOHN R. BUTLER, A September 20 M
IN RFPLY REFER TO
FILE NO,
Controlt 195-2-'32
1.11. 35: prom U,S. 77 North 8usinass R,:ute
To Cooke County Line
Denton County
The Honorable Richard 0 , Steuart
Sayer, City of Uenton SEA
215 East faKinnev
Denton, Texas 76201
Dear Mayor Stawart:
We are in the initial phases of design for the reconstruction of I8 35 between
the North US 77 Business Route and the Cooks County Line, This project will
entail the upgrading of M 35 to the latest design standards including complete
reconstruction of all ramps. This is to be a major rehabilitation project
costing approximately 940,0000000, As an nleuent of the latest design, we
are proposing one way frontage road operation throughout the entire length.
This would serve to Improve the operational characteristics of the facility
and at the same time avoid the necessity for additional right of way needed
to construct modern ramps for two way frontage road operation. Additional
right of way procurement is beyond the scope of a rehabilitation project.
We urge that you give careful consideration to reconsidering the City's
policy on frontage road operation in the arcs between the north business
route and tha north city limits. We request that the City of Denton pass
an ordinance designating one way frontage road operation on this saction
of = 35.
The remaining alternate would be to shovtan the project to e=lude the portion
in the City of Danton. This would not be a desirable action as we fool that
M 35 should necessarily be raeonstrueted for its entire length.
A favorable response to this request is aaeded in order for the planning and
construction of this much needed improvement to proceed in an orderly manner.
Yo s very truly, t ,
Robert L. Yielding
District Engineer
eel Mr. G. Chris Hartung
CITYOI DENTON,TBXAS MUN10PAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566,8200
M E M O R A N D U M
TO; G, Chris Hartung, City Manager
FROM., Rick Svehla, Assistant City Manager
DATE; October 260 1983
SUBJECT; Change Order to Drainage Improvements for the
Bell-Coronado System
in reviewing and rechecking the quantities for this project, we
found that several items had been overlooked, These items must
be added to the plans in order for the systems to work properly,
11 Bell-Coronado - an additional 171 feet of 36" pipe must
be added at a cost of $48.00 per foot for a total of
$8,208.00.
2. Ponder Street - 61 type II inlet should be deleted at
$1)750 and 2-4' manholes at $2,000 each should be added
for a total increase in the contract of $20250.00
3. Paisley-Mulkey Project - 1 additional junction box should
be added at $4,100 and 1 special ,j box at $5,000 for a
total increase at this section of the project of
$9,100.00.
otal change order to bid 119193 would thus increase
190558,00. These changes resulted from additional field
information that was gained after the bids were received or
from incorrect tabulations in compiling the contract
documents. Deadlines imposed by trying to receive these bids
before separate bids on Bell-Coronado expired contributed to
this error. Engineering did not have time to do all the double
checking that they normally do. On future projects, these
separate checks will all be completed before any documents are
released r bid.
Rick S e a
Assistant City Manager
c; John Marshall
/SO
MARY JO HILL
1COUNTY CLERK OF DENTON COUNTY
DEN"PON, TFIXAS 78201
( hr llrri`I ~.1
l4 i t;' yV~i ~ V~l
TOs ALL TAXING UNITS ADDRESSED
FROMt MARY JO HILL, COUNTY CLERK
RE: BALLOT AND INSTRUCTIONS REGARDING ELECTION FOR
BOARD OF DIRECTORS FOR DENTON COUNTY APPRAISAL
DISTRICT
{
ENCLOSED FIND THE BALLOT FOR ELECTING THE FIVE DIRECTORS
TO THE BOARD OF THE DENTON COUNTY APPRAISAL DISTRICT.
ALSO FIND ENCLOSED A COPY OF THE STATE PROPERTY TAX BOARD
PUBLICATION REGULATING THE ELECTION.
PLEASE NOTE THE DEADLINES.
SINCERELY,
MARY J L, UNTY CLERK
P. 0. 2187
DENTON, TEXAS 76201
MJ'H t sd
ENCLOSURES
Jai
/ n ' s 1 c r' n'+ u 3 o G
tr- 14 r~i H h ^ ^ a ~ ~ i J J J ~ j n :7 2 ~ ~ ~ ~ .j ~ ~ r r
On- 4
z C r3 ly ^ ,a a d n o a . b a r
7~ ° n 14 -fit n n 7 ;n tl
a: 4,
`i0 my i `;?n2
r• ] n y 'd 7 e+ q C 'J 1l 'J C n n. J
93
2$ CR6 t7*
01 0" 3, <01
C3 It
^
~'gyrr~c~~,~a rantlo~ a
Y
71
C '-q n A. A G. ti 'f q k C a M SJ'. ei 5' a• n~ X y
Ft 3, e
~emH ym ID- a° S.oo1 om y~rr''~annn
p r Y x' C Y .H YJS ` 1
1NIARY JO HILL
mill 1, ' COUNTY CLCAK OF DCNTON COUNTY
•i+i1 le-
DrWOh', TEXAS 70201
-17
~y Vhp1e Re~ ayM ~ 4
M lM M
PLEASE PLACE YOUR VOTING ENTITLEMENT FOR THE CANDIDATE
OR CANDIDATES OF YOUR CHOICE ON THE LINE PROVIDED.
HERBERT BARNHART
JOHN BECK
CARL DEGAN
TOM HARPOOL, OR.
RAYMOND PITTS
MARY JO STOVER
JOE TURNER, JR.
ANY VOTES CAST, AND/OR RECEIVED IN THIS OFFICE AFTER
NOVEMBER 159 1983 WILL BE DISREGARDED 11
C17`Yof DENTON, TEXAS MUNICIPAL 8UILDIN6 / DENTON, TEXAS 76201 / TELEPHONE (817) 5664200
MEMORANDUM
City Ot C: AttA E, ~
I,J CiF~;;ttlliMlOH'Y
LLCM LgVCf111iI
DATE: October 11, 1983 OCT 1 1 )0"'
TO: 0. Chris Hartung, City Manager
FROM: Hugh Mixon, Tax Assessor
SUBJECT: Corrected Voting Entitlement
I received the attached memos giving each of the taxing entities
a corrected voting entitlement for Board of Directors for
1984-85 for Denton County Single Appraisal Tax District., The
result of this action reduced City of Denton votes from 631 to
552 votes.
mr
0954F
i
MARY JO HILL
I I Y! I 1• CouNrY CLCHK OF DCN70N CoVNrr
/ 1 1 U. TEN
( L UENT r ti
1S 70201
u, f
3 a ..`.(1-! !I;
~!•.'I :1! ! 171 ~'J:L i~\! L'. LF..
T0; All Taxing Units Addressed
FROM, Oary Jo Hi 11, County Clerk
RE, Corrected Voting Entitlement
Due to the fact I had not received a reply from Argyle Independent
School District, Torras of Eastvale, Corinth, Little Elm and
Krugerville by the requested deadline and none of the questionnaires
were returned undelivered, I did not think it was m1' responsibility
to tryy to contact the entities by telephone, Evidently I was
mista4;on, and I therefore apologize for having to male a corrected
voting entitlement to each of the taxing entities.
Enclosed you will find the corrected voting entitlement for your
taxing entity, The deadlines remain as stated. Mr, Charles Earles
furnished me with the tax levy from those entities that did not
reply.
I hope this corrected figure does not inconvenience you, and I
apologize again for this problem,
Sincerely,
Mary Jo Cou y~lerk
P. 01 B 187
Denton, Texas 76201
MJH;dw
MANY JO 1111',L
~,ltrlr Ccc•:n CLLrK Or r:r.!ucr+ C.o•.!r;rr
TEXAS 7U201
,
' i
101 All Taxing l'~Jts Adressed
f ko',; Wary Jo Ni 11 , C~~unty Cl erk
RE, ;roti!Ig 1:11tit?L. ";nt bnd +uc.cs fur Der.tr.n Cct,Y
A~pr,•,isdI District 1Si34-1985
Based upon the inforsatiun furnished me, your vutiiiy entitlc;~cnt for Gourd of
Directors for 1<<24-1~c~5 for Ventr:~n CrInlty S10+gle Apj-lrai~al Tax District is
..._votes
CnCh voting tLxing Urrlt ray ri?te clip, ci.Iid1 dlf to for cash position to he
'filled oil Lh ?nnrd of Dirr'ctt++s, BE Pt«I}}: G1' RI'SOI.U-
1)Oh'. orrre r.~rh voting ng .'nit has rr plettd the u.iinatioris, the pro-
S) Of ficr,r of e~Ch votny urnt's ;tve ning holy suh„iits the N.',I'd:'S and
171+rCSSES of the iicriirlces to rue. These nrninaticits rust be subniittr: to re
DIIC'Itl riCTO ER 15, 15'83r 1,oiainations rrcr.ived AF1ER DCICBCR 15, 1333 wlII
nt be irtr,luded on the hal lot a,hich gust he ilrc, ,,I [-.(1 by me and ~.?t.n-- tted to
.rl
the presiding officer of the tiowcrwnrl -'Cdy of each voting unit M.] "RI., OC'10-
Bk:R 30 1933,
Etch voting taxing unit inust dr.'tern+ine its vote by RESOLUTION and su'.mit it to
we BEhORE NUNi:I RR 15, 1883. Votes cast AFTER AOVENISER 15, 1483 will he dis-
regarded.
BEFORE DECEF'rG'I:R 1, 1983, l must count the votes and declare the five candidates
who receive the largest cumulative vote totals elected. By this date also, I
must notify the governing bodies of all taxing units in the appraisal district,
and the candidates, of the results.
I respectfully request your assistance it :eeti+lg these deadlines, If you have
any questions, or if 11:e' help in any Tray, please call me. Thank you for your
cooperation in helping to meet our deadlines,
Sincerely,
I,r;ry Jo IY1Courfty Clerk
P,0, BOY, I?187
ll
15 iT1 ii_d ffi e -„rd Uf il'il l'SEnclosed find the taxing units +'rith levy ;-triur-,Upj and
voting rntitlc.c of of each.
IA NN JO 111TJ,
1, l
fl.al~ COUNTY Ct[RK OF r)1!10 Wt COWiTY ;i
L. , Ii1:~'1'O\', '1 }iX:1S ?li:?01
Ini, r ,f,P '
? NlrrrY LEVY SU13MI`i"r,D PERCENTAGE VOT11's
CITY OPI
AULREY $2918'75,60 10006 3
CARROLLTON $2,564,981.29 ,0534 267
THE COLONY $1,316,696,00 ,0274 J.37
DEJMW $5,308,933,00 ,1104 552
AMOUND $683,119,00 ,0142 71
a.AND VILLAGE $149,064.00 ,0094 47
JUSTIN $33,076,00 0006 3
LAKE DALLAS $180,194,00 0038 19
TILW.TSVILLE $3,651.1797,00 ,0760 380
KRUM $13,586,00 ,0002 1
PILOT POINT $110,384,00 ,0022 11
PONDER $4,230,37 ,0002 1
ROANOKE $32,466.00 .0006 3
SANGER $184,927.00 ,0038 19
COUNTY OF DENTON $6,846,688,00 ,1424 712
CORINTH $149,370.00 ,0032 16
PASTVALE $18,724.00 ,0004 2
LITTLE ELM $77,286.00 10016 8
KRUGERVILT,E $15,215.00 .0004 2
INDEPENDENT SCHOOL DISTRICT OP:
ARGYLE J $454,896,00 ,0094 41
AUBREY $228,522,00 ,0048 24
DENTON $8,759,753,00 .1822 911
KRUM $344,3.37.40 ,0072 36
LAVE DALLAS $903,749.00 10188 94
LEWISVILLE $11,1.28,689,13 ,2314 1157
LITTLE Y.L14 $600,303,00 0124 62
. r r
C, n'1 1 1 ~ $2,473,08P..00 ,0514
PILOT POINT $393,871'.00 .0082 41
POND?;R $177,878.00 10038 19
SANC)'R
$94.5_, 350, 00 .1.96 98
TO'iALS $48,080,848.'19 1100 5 ,006,
Gi~ Cownci
Benda
~ackef
D~f'ober 25, (983
PUS'IT1)
AGUNUA;
~IINU'1'GS! --n---
NAdili: CITY OF HNTUN CITY COUNCIL,
UAY;_ Or-tobor 25, 1983
5:00 n,m, and 6:30 p m _
PI.ACL; Plow liosoltatl and Council ChambQrs
P W113hRS NOTATION'S YBS NO
Richard Stewart 382-3225_%~,r,~~~/1(' T
Joe Alford 387-4373 I/
Jack Barton 566-2410
Mark Chew 383-1083
Charles Hopkins $66-3031 4 _
James Riddlesperger 382-8757
Ray Stephens 3340
MEAL SERVICb YES NO
NOTIFY PRESS YES NO
Denton Record Chronicle N20
DNT k38 r~~
Channel 2575
TNU Lass-O G. ~9yla ✓
INT Daily 565-2353
KN'1'U 565-3688
n Tr ririse
era 5 6 6 - 0 5 9 3
01660
i
AGENDA
CITY OF DENTON CITY COUNCIL
October 25, 1983
Joint Meeting of the City of Denton City Council and the Flow
Memorial Hospital Board of Directors on Tuesday, October 25,
1983, at 5;00 p.m, in the Medallion Room at Flow Hospital at
which the following items will be considered;
5;00 P.M.
1. Discussion of Flow Memorial Hospital,
Special Called Meeting of the City of Denton City Council on
Tuesday October 25, 1983, at 6;30 p,m, in the Council Chambers
of the Municipal Building at which the following items will be
considered;
6;30 P.M.
1. Consider adoption of an ordinance relating to the
termination of the existingg gas fuel contracts under
the terms of which the ,%City purchases gas for its
generating plants and authorizing execution of a new
gas fuel contract and a gas transfer agreement and
declaring an emergency.
2. Executive Session;
A. Leggal Matters Under Sec. 2(eArt. 6252-17
V. A. T. S,
B. Real Estate Under Sec. 2(f), Art, 6262-17
V. A. T. S.
C, Personnel Under Sec, 2(gArt 6252-17 V. A. T. S.
D. Board Appointments Under Sec. 2(gArt
6262-17 Y.A. T. S,
CERTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hal of the City of Denton, Texas,
on the C21-1 %P!!~~day of , 1983 at ._o2'0U
O'clock p.m,)
'SECRETARY
U CITY ~
1066C
EMERGENd AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
October 25, 1983
Special Called Meeting of the City of Denton city council on,
Tuesday October 25, 1983, at 600 p.m, in the Council Chambers
of the Municipal Building at which the following items wi.11 be
considered;
1• Consider approval of plans for Ridgnway Drive Project
and authorize Staff to advertise for bids.
CERTIFICATE ,
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day o f 1983 at 141
otclock ((a.m.) (p m.)
CITY SECRETARY
1070C
•
EMERGENCY AGENDA ADDENDUM
CITY OF DENTON CITY COUNCIL
October 25, 1983
Special Called Meeting Of the City of Denton City Council on
Tuesday October 25, 1983, at 6130 p.m. in the Council Chambers
of the Municipal Building at which the following items will be
considered;
1. Consider approval of plans for Ridgeway Drive Project
and authorize Staff to advertise for bids,
CERTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of , 1983 at
o1clock (a.m.) (p.m.)
CITY SECRETARY
1070C
AGENDA
CITY OF DENTON CITY COUNCIL.
October 26, 1983
Joint Meeting of the City of Denton City Council and the Flow
Memorial Hospital Board of Directors on Tuesday, October 26,
1983, at 6100 p,m, in the Medallion Room at Flow Hospital at
which the following items will be considered;
6;00 p.m,
1. Discussion of Flow Memorial Hospital.
Special Called Meeting of the City of Denton City Council on
Tuesday October 26, 1983, at 600 p,m, in the Council Chambers
of the Municipal Building at which the following items will be
considered;
6;30 p.m.
1. Consider adoption of an ordinance relating to the
termination of the existing gas fuel contracts under
the terms of which the City purchases gas for its
generating plants and authorizing execution of a new
gas fuel contract and a gas transfer agreement and
declaring an emergency.
2. Executive Session;
A, Legal Matters Under Sec, 2(eArt. 6262-17
V. .T,S.
B. Real Estate Under Sec. 2(f Art. 6262-17
V.A,T,S,
C. Personnel Under Sec. 2(9)9 Art 6262-17 V,A,T.S.
D. Board Appointments Under Sec. 2(g Art
6262-17 V. A. T. S.
CERTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hal f the City of Denton, Texas,
on the ~r day of ~ , 1983 at c;2,, 00
o'clock ~ p.m. )
10660
Octobor 25, 1983
CITY COUNCIL AGENDA ITEM
SUBJECTt
An Ordinance by the city council of the City of Denton,
Texas, Relating to the Termination of the Existing Gas Fuel
Contracts under the Terms of Which the City Purchases Gas
for it Generating Plants and Authorizing Execution of a New
Gas Fuel Contract and a Gas Transfer Agreement and
Declaring an Emergency.
SUMMARYt
The City of Denton has been in some stage of discussion
with the Lone star Gas company for over the past year and
very actively working with them during the past four
months. These discussions have been jointly with the four
cities, Denton, Garland, Bryan and Greenville with Chris
Hartung leading the discussions.
There are basically three areas available for review in a
natural gas supply contracts (1) price of the gas at the
well head, (2) price of transportation from well head to
the customer, and, (3) flexibility in annual volume
requirements. The proposed contract addresses these three
areas in the following ways.
(1) Price of Gas at the Well Heads Little flexibility
exists in altering the well head 'pass through" price,
since this is set by producers therefore, options in
obtaining opportunities to purchase gas from alternate
producers or alternate fuels is about the only approach to
holding the well head "pass through" costs stable. The
proposed contract establishes that Lone Star will transport
up to 308 of the City's annual requirements from producers
at a cost of 300 per MCF. There is also a "market out"
provision wherein, if natural gas exceeds 1208 of the cost
of oil for six months, that the contract can be voided.
(2) price of Transportations Initially, this price is
the same as the present contract (370/MCF) and set to
increase by not less than 2¢/MCF per year (approximately
5%) but not more than 50 per MCP (approximately 138).
Actual increases within this range will be bases] on the
percent increase in Lone Star's operating costs plus net
plant investment from year to year.
(3) Flexibility in Annual Volume Requirements: This is
accomplished by having a 40% take-or-payT clause vs the
present 758, allowing 108 to be made up in the next year if
the minimum 408 was not purchased; establishes that the
2588U/1
determination for the annual fuel requirement be done
twelve months in advance of Uhe year vs the present fifteen
month advance notioei allows a 258 increase or decrease
from year to year in netting that fuel requirement with a
one time ± 508 allowable change,
Additionally, the contract is for a five year period with
option to extend an additional five years. The oontract
continues to allow gas to be transferred between Texas
Municipal Power Agenoy member cities, The contract allows
suffio ent gas do ivory for full utilization of the City's
power plant.
A later supplement to this contract will be the Gas
Transfer Agreement, The existing Gas Transfer Agreement
will remain in effect until such supplement is revised,
RECOMMENDATION)
The Public Utilities Board, at their meeting of October 180
1983, reviewed the terms of the contract and recommended
approval. The Staff also recommends approval.
Respeotfully,
R, E # Nefn
Director of Utilities
EXHIBIT I Prb osed Tone Star Gas Contract
11 Ordinance
Printout oanoelled by operator,
NO.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
"CITY" RELATING TO THE TERMINATION OF THE EXISTING OAS FUEL
CONTRACTS UNDER THE TERMS OF WHICH THE CITY PURCHASES OAS FOR
ITS GENERATING PLANTS AND AUTHORIZING EXECUTION OF A NEW OAS
FUEL CONTRACT AND A GAS TRANSFER AGREEMENT AND DECLARING AN
EMERGENCY.
WHEREAS, the City purchases gas to fuel its generating plants
from Lone Star Gas Company ("Lone star") under a contract dated
November 7, 1977, and amendments theretol and
WHEREAS, in order to secure a longer term and more flexible
gas supply contract it is in the best interest of the city to
terminate its existing contract with Lone Star Gas Company and
to enter a new gas purchase agreement with Lone Star Gas Cocbpanyi
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXASi
,
SECTION I.
That all of the recitals and preambles hereinabove stated
are found to be true and oorrect.
SECTION II.
That the attached agreement between the City of Denton and
Lone Star Gas Company styled "Gas Sales Contract" be and is
hereby approved and the Mayor of the City of Denton be and is
hereby authorized to execute multiple original copies of said
agreement in substantially the attached form and deliver the
same to the parties thereto, for, on behalf of r.nd in the name
of the City, as the hot and deed of the City and its governing
body,
SECTION III.
That it is officially found and determined that this meeting
of the City Council is open to the public as required by law an.i
the public notice of the time, place and purpose of said meeting
was given as required by Iaw.
PAGE 1
SC"TION TV,
That the public importance of this measure and the fact that
it is to the best interest of the City to approve the afore-
mentioned agreements and the execution thereof at the earliest
possible time in order to secure a longer term and more flexible
eupPly of gas, constitutes and creates an emerq,ency and utyent
public necessity requiring that this ordinance cake effect and
be in full force from and after its passage, and it is so
ordained.
PASSED AND APPROVED by the City Council of the City of
Denton, Texas, this the day of , 1483,
RICHARD 04 SMART, YOR
CITY OF DENTON, TEXAS
ATTESTi
MOM LEN, CITY SERT~Aj~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORMi
C.O. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
6Yi
PAGE 2
,
RORRI A. RODOERS Lone Star Gas Company
MonoRu, Conuou Admin gldo/lon
Indurulol 005 Sobi 701 S. Norwood Sr,eei I Dolloi, te,o~ 7$201
October 17, 1983
Mr, Bob Nelson
City of Denton
Municipal Building
Renton, Texas 76201
Subject) Proposal for natural gas service
Dear Mr, Nelson;
Enclosed is a draft of Lone Star's proposal for gas service to the City of
Denton, According to our understanding, this proposal sets forth those
elements agreed to by us during the recent negotiations.
We have yet to finalize the draft of a new Gas Transfer Agreement but should
have it to you within a couple of days,
Lone Star has sent similar contract proposals to each of the other three
TMPA cities, As we have discussed, Lone Star's execution of a contract with
Denton is conditioned upon the prior execution of mutually agreeable contracts
by the other three TMPA cities,
if no changes are required in the enclosed proposed contract, please advise
and we will prepare two signatory copies for execution by the City of
Denton,
Sincerely,
4RoberqtA. odlt gers
ch
Enclosure
cc: Mr, N, N. Parrott
Purchasing Agent, City of Denton
GAS SALES AND UCHANGE CONTRACT
THIS AGREEMENT, made and entered into by and between LONE STAR GAS
CONU,AN1', hereinafter referred to as "Seller," and the CITY OF VENTON, TEXAS,
a municipal corporation, hereinafter referred to as "Buyer,"
1,' I T 11 V S S E T H i
WHEREAS, Buyer owns and operates electric generating stations known
and designated as its Mulberry Diesel Plant and Spencer Generating
Station both located in Denton County, Texan, which electric generating
stations and all enlargements or additions thereto, during the term hereof,
are hereinafter sometimes collectively referred to as "Buyer's 'Plants'" and
4dHEREAS, Buyer desir•,?s to be assured of an adequate supply of
natural gas to meet the natural gas fuel requirements for the operation of
said plants, and Seller desires to sell such gas to Buyer;
l c.
NOW, THEREFORE, in consideration of the premises and the sum of Ten
Dollars ($10,00) rash in hand paid to each party by the other party hereto,
the receipt and sufficiency of which is acknowledged, and of the mutual
covenants and agreements herein contained, Seller and Buyer do hereby
contract and agree with each other as followst
ARTICLE 1
SUBJECT MATTERI
Subject to the terms and provisions hereinafter set out and to the
extent of and in accordance with the terms, conditions and limitations
hereinafter stipulated, Seller agrees to sell and/or deliver to Buyer and
Buyer agrees to purchase and/or receive from Seller, at the points of
delivery herein provided for, natural gas for the natural gas fuel
requirements of Buyer's Plants during the term hereof other than the fuel
requirements of Buyer's Plants to be satisfied with fuel that Buyer has the
1
t,
•
right to purchase in accordance with the provisions of Article XII hereof,
hereinafter called "Buyer's Fuel Requirements", up to but not in excess of
the Maximum Hourly, Maximum Peak Day and Maximum Annual Fuel Requirements
provided for in Article 11 hereof,
ARTICLE 11
UQ ANTITYI
(1) The quantity of gas, computed osi the basis of a heating value
of one thousand (1,000) British Thermal Units per cubic foot, which Seller is
obligated to sell and/or deliver to Buyer and which Buyer is obligated to
purchase and/or receive from Seller hereunder, but subject to that certain
Transfer of Gas Agreement between the parties executed as of the date of this
Gas Sales and Exchange Contract (herein referred to as Gas Transfer
Agreement) during each Calendar Year (in the case of 1983, Calendar Year
means in this agreement that portion of the Calendar Year subsequent to the
effective date of the agreement) of the term hereof, shall be a volume of gas
equal to that amount of Buyer's Fuel Requirements specified by this agreement
for its Plants, up to but not in excess of Buyer's Maximum Hourly Fuel
Requirements, Maximum Peak Day Fuel Requirements and Maximum Annual Fuel
Requirements for each of said years, as set forth in the following Exhibit
"Au,
2
,
-A
EXHIBIT "A"
Maximum Hourly Maximum )leak Day Maximum Annual
Calendar Fuel Requirements Fuel Requirements Fuel Requirements
Year (li)))on Cubic Feet) (Million Cubic Feet) (Million Cubic Feet)
1983 215 50 1400
1984 and each 2,5 50 6,000
year thereafter
(2) Sdithout limiting the obligation hereunder of Buyer to purchase
and/or receive Buyer's Fuel Requirements for its Plants, up to but not in
excess of the Maximum Annual Fuel Requirements set forth in Exhibit "A"
during each Calendar Year of the term hereof beginning with the Calundar Year
1983, Buyer agrees to take and pay for, or pay for whether taken oar, not,
during each Calendar Year of the term hereof, a Minimum Volume of gas which
is equal to forty percent (40%) of the amount of Buyer's Estimated Annual
Fuel Requirements for such Calendar Year as set forth in the following
Exhibit "B" and determined in accordance with the provisions of said Exhibit
"B", all to be computed on the basis of a heating value of one thousand
(1,000) British Thermal Units per cubic foots
EXHIBIT "B"
Estimated Annual
Fuel Requirements
Calendar Year (Million Cubic Feet)
1983 A3 M7 1984 through 1986 2,400
(a) Buyer shall submit to Seller at least twelve (12)
months prior written notice setting forth the Estimated
Annual Fuel Requirements for the Calendar Year beginning
January 1, 1987 and each Calendar Year thereafter, The
Estimated Annual Fuel Requirements for 1987 and each
3
Calendar Year thereafter shall not differ from the
Estimated Annual Fuel Requirements in effect for the
immediately preceding Calendar Year by plus or minus
twenty-five percent (25%), buyer may, once and only once
during the term hereof, establish the Estimated Annual
Fuel Requirements as provided in the first sentence of
this paragraph for any Calendar Ye;i vhieh differs from
the immediately preceding Calendar :ear's Estimated
Annual Fuel Requirements by plus or minus fifty percent
(50ye) if a new electric generation unit which is wholly
or partially owned by Buyer is scheduled to begin
commercial operation, In no event, however, will Buyer
establish an Estimated Annual Fuel Requirement for any
Calendar Year of the term hereof which is less than six
hundred forty (640) Million Cubic feet,
(b) If, for any Calendar Yonr, Buyer fails to submit
Estimated Annual Fuel Requirement's as provided for
herein, then the immediately preceding Calendar Year's
Estimated Annual Fuel Requirements shall apply,
A & * A * * *
(3) In no Calendar Year sha11 the Estimated Annual, Fuel
Requirements of Buyer as provided for in Exhibit "B" of Paragraph (2) bf this
Article exceed the Maximum Annual Fuel Requirements for such Calendar Year as
set forth in Exhibit "A" of Paragraph (1) of this Article, seller's
obligation to deliver gas hereunder shall not, in any Calendar Year, exceed
Buyer's Estimated Annual Fuel Requirements set forth or determined as
provided for in said Exhibit "B", Seller agrees, however, to make available
for delivery to Buyer hereunder during each Calendar Year volumes in excess
of Buyer's Estimated Annual Fuel Requirements for such Calendar Year without
exceeding the niaxitnum hourly and daily volumes otherwise in effect hereunder
if Seller determines it can do so without interfering with the conduct of its
utility businoss, In the event that Buyer, by written notice to Seller as
provided for in said Exhibit "B", establishes its Estimated Annual Fuel
Requirements for any Calendar Year at a volume which is greater or less than
the Estimated Annual Fuel Requirements for the immediately preceding Calendar
Year, then the xaximum Hourly Fuel Requirements and the Maximum Peak Day Fuel
' 4
Requiremonts for such Calendar Year shall be increased (subject to the
maximum hourly and daily volumes sot forth in said Exhibit "A") or reduced in
the same proportion that the Estimated Annual Fuel Requirements so
established for such Calendar Year bears to the immediately preceding
Calendar Year's Estimated Annual Fuel Requirements,
(4) Buyer agrees that all of the gas purchased and exchanged
hereunder will be used or consumed in and for the operation of Buyer's
Plants, and that no part of such gas will be resold or used for any other
purposes, except as otherwise provided in that certain Transfer of Gas
Agreement, executed as of the same date as this agreement, between Seller and
certain members of the Texas Municipal Power Agency of which Buyer is a
member, Nothing contained in this agreement shall be construed as obligating
Buyer not to purchase fuel for use in Buyer's Plants from any other Person,
firm or corporation whatsoever when such fuol is in excess of Buyer's Fuel
Requirements as defined in Article 1, Nothing contained in this agreement
shall prevent Seller from selling and/or delivering and Buyer from buying
and/or receiving hereunder any additional quantities of gas in excess of
Buyer's Fuel Requirements which Seller desires to sell and/or deliver and
which Buyer desires to purchase and/or receive on such terms and conditions
as may then be mutually agreed upon,
(5) If, during any Calendar Year of the term hereof, Buyer should
fail to purchase the Minimum Volume of gas required by this agreement to be
purchased during 'such year, Buyer shall pay Seller for the amount of the
deficiency as followsi
(a) That portion of the deficiency up to but not in
excess of ten percent (10%) of Buyer's Estimated Annual
Fuel Requirements for the Calendar Year during which such
5
deficiency occurred shall be considered as the first
volumes delivered, excluding any exchange deliveries,
during Clio noxt succoeding Calendar Year and shall be
paid for at the total price otheM se in effect under
this agreement for the periods during which such
deficient volumes are delivered. All such deficient
volumes so delivered to Buyer during any Calendar Year
shall not be deemed deliveries of gas in such Calendar
Year for the purpose of computing Buyer's Minimum Volume
obligations, The delivery of deficient volumes as
provided shall not increase Seller's maximum hourly,
daily, and annual delivery obligations as set forth in
this agreement unless otherwise agreed to by Seller,
(b) Any deficient volumes for any Calendar Year in excoss
of ten percent (10%) of the Estimated Annual Fuel
Requirements for such Calendar Year or any deficient
volumes not taken as provided in subparagraph (a) of this
paragraph (5) shall be paid for by Buyer at a price
computed by using A price equal to twenty percent (20%)
of the weighted average of the monthly prices paid by
Buyer to Seller for gas purchased and delivered under
this agreement during such Calendar Year that said
deficient volume occurred. The amount of such payment
due shall be computed by multiplying said price by the
deficient volume, Such payments shall be made to Seller
as liquidated damages for Buyer's failure to take such
Minimum Volume of gas, such being Agreed upon as
6
reasonable under the circumstances as a part of this
agreement, and not as a penalty, In the event Buyer fails
to purchase any volumes hereunder during any Calendar
Year, the price used in computing any deficient amount
due hereunder for each Calendar Year shall be twenty
percent (20%) of the total price for December of such
year as calculated in accordance with paragraph (1) of
Article VI of this agreement. During each Billing Month
of the next succeeding Calendar Year, commencing with the
Billing Month ending on January 31 thereof, Seller's
bills to Buyer, for gas delivered during such months,
shall be increased by adding to such bills an amount
equal to one-twelfth (1/12) of the total amount duo
Seller by reason of Buyer's failure to purchase, during
the preceding Calendar Year, the Minimum Volume of gas
required to be purchased hereunder,
(c) Any deficient volumes incurred during the last
Calendar Year of the term hereunder or any deficient
volumes not taken as provided in subparagraph (a) of this
paragraph (5) during such last Calendar Year, shall be
paid for by Buyer in accordance with subparagraph (b) of
this paragraph (5), except that Seller's bill to Buyer
for gas. delivered during the last billing month of the
term hereunder, shall be increased by the total amount
due Seller by reason of Buyer's failure to purchase,
during such last Calendar Year, the minimum volume of gas
required to be purchased hereunder,
7
ARTICLC I11
~OUALITYI
Seller shall deliver to Buyer gas which is of merchantable quality
and reasonably free from water and other objectionable fluids and from sand
and other objectionable solids and which contains not more than twenty (20)
grains of total sulphur, nor more than one (1) grain of hydrogen sulphide,
per one hundred (100) cubic feet of gas, and which has a heat content of not
less than nine hundred (900) British, Thermal Units (BTU) per cubic foot under
the conditions of tneasurement set forth in Article V, Seller will notify
Buyer as soon as possible in advance of any change in the source of gas
supply which would effect a substantial change in the BTU content of the gas
delivered to Buyer,
ARTICLE IV
l~DELIVERY AID CONNECTION FACILITIM
(1) The points of delivery of gas to be sold and delivered by
Seller to Buyer hereunder shall be at the outlet side of Seller's regulating
and metering stations on the sites of Buyer's Plants. Seller agrees that it
will construct, operate and maintain such regulating and metering stations,
as well as the necessary tap or lateral lines from its main pipeline. system
to said regulating and metering stations. Buyer agrees that it will furnish
to Seller without charge suitable space at Buyer's Plant sites for Seller's
tap and lateral pipelines, regulating and metering stations and appurtenant
equipment, and that it will install and maintain the necessary service lines
to connect with Seller's lines at the outlet side of Seller's regulating and
metering stations. Buyer shall authorize no person other than an agent of
Seller, or a person otherwise lawfully authorized, to tamper with, inspect or
remove same, and Seller shall have free ingress to and egress from Buyer's
8
premises for the construction, maintenance, rapair and replacement of its
property located thereon, or for any purpose connected with the supplying of
gas hereunder,
(2) Gas is deliverable by Seller to Buyer hereunder at the outlet
side of Seller's regulating and metering stations where Buyer's service line
connects with Seller's supply line, Seller shall maintain at each of said
delivery points, such reasonably steady pressure as may be designated by
Buyor at each point of delivery but not in axcess of a maximum of
seventy-five (75) pounds 'per square inch gauge pressure,
(3) The delivery and acceptance of gas hereunder shall begin as
herein set out, and the title to and ownership of the gas delivered hereunder
shall pass to and absolutely vest in Buyer at the points of delivery herein
provided for,
6,
(4) Each of the parties hereto agrees to promptly notify the other
party of expected changes in operating conditions which will affect the
delivery and receipt of gas hereunder, and the reasons for such expected
changes,
ARTICLE V
MEASUREMENTI
(1) For the purpose of this agreement the unit of measurement of
gas shall be one thousand (1,000) cubic feet at a pressure base of fourteen
and sixty-five one hundredths (14.65) pounds per square inch absolute and at
a temperature bare of sixty degrees (60°) Fahrenheit, Meter measurements
shall be computed by Seller into such units in accordance-with the ideal gas
laws corrected for deviation from the pressure and temperature conditions set
forth in the preceding sentence and in the case of orifice meter volume
computation, it shall be in accordance with the latest applicable measurement
9
standard of the A,C,A Cos Measurement Committee Report t10, 31 a publication
of the American Gas Association, 1969 revision, as amended, in such
computations, Seller shall correct the volume measured based on the actual
flowing temperature of the gas,
(2) The Vas delivered hereunder shall be measured by means of
meters of standard type, which shall be installed, operated and maintained by
Seller and placed at the aforementioned points of delivery or in as close
proximity thereto as practicable, Platers, and other measurement instruments
and equipment, shall be inspected and adjusted for accuracy monthly by Seller
at Seller's expense.
(3) Buyer shall have access to said metering equipment at all
times, but the reading, calibration and adjustment thereof and the changing
of charts shall be done only by the employees or agents of Seller, tCharts
and records from such metering equipment shall remain the property of Seller
and shall be kept on file by Seller for a period of not less than four (4)
years, However, upon request of Buyer, Seller shall submit to Buyer charts
and records from its metering equipment, together with calculations
therefrom, for Buyer's inspection and verification, subject to return by
Buyer within ten (10) days after receipt thereof,
(4) Buyer may, at its option and expense, install and operate
meters, instruments and equipment to check Seller's meters, instruments and
equipment, but the measurement of gas for the purpose of this agreement shall
be by Seller's meters only, except as hereinafter specifically provided. The
meters, instruments and equipment installed by Buyer shall be subject at all
reasonable times to inspection or examination of Seller, but the reading,
calibration and adjustment thereof shall be done only by Buyer,
10
(5) Yach party shall give to the other party notice of the time of
all tests of meters sufficiently in advance of such tests so that the other
party may' conveniently have its representatives present, provided, however,
that if either party has given such notice to the other party and such other
party is not prosont at the time specified, then the party giving the notice
may proceed with the test as though the other party were present, Upon
written request from either party, the party making the test will furnish the
other party a copy of any test report requested,
(6) Meter measurements computed by Seller shall be deemed to be
correct except where the meter is found to be inaccurate by as much as one
percent O%), fast or slow, or to have failed to register, in either of which
cases Seller shall repair or replace the motor, The quantity of gas
delivered while the meter was inaccurate or failed to register shall be
t„
determined by the readings of Buyer's check meter, if installed and in good
operating condition, or by correcting the error if the percentage of error is
ascertainable by calibration or mathematical calculation, If not so
ascertainable, then it shall be determined by estimating the quantity on a
basis of deliveries under similar conditions when,the meter was registering
accurately, Such adjustment or correction shall be made for the period
during which the inaccuracy or failure exist; provided, however, if such
period cannot be reasonably determined the adjustment or correction shall be
made for the latter half of the period elapsed since the last previous meter
test,
(7) The daily average heating value of the gas delivered hereunder,
expressed in British Thermal Units per cubic foot and computed on the basis
of a pressure of fourteen and sixty-five one-hundredths (14.65) pounds per
square inch absolute and a temperature of sixty degrees (60°) Fahrenheit,
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shall be determined at Seller's expense by the use of recording calorimeters
of standard type, which shall be installed and operated by Seller, Each
calorimeter shall be tested for accuracy by Seller at regular month] y
intervals and should any test show it to be inoperative or recording In error
as much as five (5) British Thermal Unita, plus or minus, proper correction
of recorded values shall be made for the period during which the recorder was
inoperative or recording in error, and if this period cannot be ascertained,
correction shall be made to the values recorded during the latter half of the
period alapsed since the last previous test, In determining the heating
value of the gas delivered hereunder the degree of saturation by water vapor
of the gas to be delivered hereunder shall be assumed to be seven (7) pounds
per one million cubic feet of gas.
(8) Upon written request from Buyer, Seller will furnish Buyer a
detailed report within ten (10) days of any test conducted or computation
made by Seller pursuant to this Article,
ARTICLE V1
PRICE/EXCHANGE FEE
(1) The price payable by Buyer for the gas to be purchased from
Seller hereunder shall be determined for each Billing Month, as that term is
defined in Article IX hereof, by increasing the Base Price in effect during
such month, as set forth in Paragraph (2) of this Article, by an amount equal
to the Weighted Average Price, as defined in .Paragraph (3) of this Article,
for such billing month, provided, however, that all of the prices payable by
Buyer for the gas to be delivered by Seller to Buyer hereunder are subject to
adjustment for variations in the British Thermal Unit heat content of the gas
in the manner and to the extent set out in Article V1.1 hereof.
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