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HomeMy WebLinkAbout1987-1989 x• ~tl+kaf (9■(t l~ !!!10 1A+9Vk f 1. t-aa+e^s i i j { ClTYofDBNTON,TeXAS MUNICIPAL BUILDING / DEN TON, TEXAS 7620) / TELEPHONE (8) 7) $66-8200 March 31, 1989 O ~p Mr. Frits Van der Veen DBS Eacher Wyss 555, Notre-Dame Street Lachine (Montreal), Canada H8S 2B1 RE: Lewisville Hydroelectric Project Dear Mr, Van der Veen: This letter is to confirm our telephone conversation of March 28, 19890 regarding the extra charges due to Denton$a request { Of DBS to delay and restart the subject hydro project, The Staff is in agreement with the extra charges as per # facsimile letter of March 209 1989, except the amo untyoof $50,000 for general costs associated with stopping and restarting the project, As per our telephone conversation of March 28, 1989 you expressed that you would reduce this figure to $35,000, w~tich we would support at the Staff level and recommend to our Council a change order in the amount of + $123,783,60, for all costs associated with the delay of this project, Please forpard to us a change order in this amount, and we will proceed with obtaining Council approval, Yours very txuly, Nelson, Executive Director Department of Utilities kkn { cc: Lloyd Harrell, City Manager Ernie Tullos, Director of Electric Utilities Joe Cherri, Electric Engineer 11 P).1 e 6323Us22 b' JJ~ 1 iM'N61'R 1 FEB 8 189 10148 FROM DBS ESCHER WYSS 9215 PAQE,002 r I AV O ods ISCHIN Wyse d d, Ne Noue-Damo. Lachine iMomltdaq, Canada Hd8 261 Y a 16141490.2704 - T!lex; 66.822693 TAIAa16our• 16141 6.14-" e " February 6, 1989 Via Teleco,gief City of Denton Purchasing 901-8 Texas Street Ddutuu, JvA" 16161 v,s,A, ; Attrnllnnr Mr, ,tnhn ,t, Marihdll PurthasW ALdut Refs City of Denton, Texas Lewisville Hydroelectric Project A specification No, 62,0200 8 & V Project No, 10566 Q¢S Contracts 720*110 user Sirs Ve retret to sdvIot ym that Mir SW Hn1A11 t"lowl. vhn A" AArt ~ u!; L"otl 2843-01 „r t1.d U,tiitad 0td41 VorkaYs of Uarlaa, rated to Sn not on strike sa of February 3, 1989. Therefore, all Mork in uur yliwL is busyvuded till such tine as the strike is settled, } This notice is beina given in oMlianee with Article GC, 15 of the + Cuntract Docuseents and we intend to apply for a time extension once the strike is settled. 20 the mrearr4ls,u, we Mlbll to ♦►auiu yud bf 8UY deaitie Ea reselvO ike work stoppsas quickly so as to minimllO itA nffent on our s contraots, sincerely, I 2,' enrney, Lnt, Manager - contract Administration e,c, Mr, he Ainsworth, Hook d 'poatch gnaineers - ArchitectM to van 'der Veen, OUL'K 281/ai city of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 1 TELEPHONE (817) 566-6200 MEMORANDUM DATES January 11i. 1989 TO: Lloyd V. Harrell, City Manager j FROM$ R. E. Nelson, Exec. Director of Utilities R1:: D$S Hydro-turbine Change Order Attached is the requested change order from DBS as a result 1 of the four (4) month delay of the hydro-turbine. We will probably have to acknowledge some costs for: 1. Inflationary effects. 2. Lost revenue due to delayed payments. 3. Shutdown and restart costs. 4. Requested additional work. ✓1 Black & Veatch and our staff take exception to some of the terms and issues, and a response has been prepared. DES does not want to restart the project unless we agree to their requests. They are willing to restart on a commitment from you and 1, reoognizinq that the Council will have to take final action on the change order. 33 li 1 Res ~eotfj#l~ R.E. Nelson P.E, Executive Director of Utilities ~ gor:PT8001:UA 4 r I !kOO w ~ W ti ciryof DEWON, rBXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 January 10, 1989 DBS Escher Wyss C,po/po Box 555 Lachine Quebec, Canada H8S4E7 ATM zia Burney, Contract Administration SUBJi Serial Letter DBS 022 t We have reviewed your request for additional payments due to the five months delay, along with the portions of the contract which control conditions are applicable (OC14 through GC 21). i We agree with you that you are due extra funds due to delay, but not in the quantities you have requested. Our reasons are as follows: i 1. The actual period of suspension of work was between 1. j August 24, 1988, to December 21, 1988, which is four months, rather than five months. i 2. Your letter states you have not received any payment on the . The of Denton the DBS i nvoicet$2032, datedi3/15/88, whichawasainstituted at the insistence of the City in order to satisfy the i construction start as required by FERC. 3. The original contract required certified ninety (90) day drawings for which DBS would receive a 15% payment (see GC 31). DSS letter of 3/11/88 detailed the projected progress payment schedule for their 158 amount of $203,845,50 to be paid 5/31/88. An invoice submitted 6/17/88 was not paid because of a lack of certified data and d)•owings as outlined in the Black & Veatch letter of July 8, 1988, Since DBS failed to submit the required data prior to the August 24, 190, suspension date, the lack of payment of this amouat should not be Denton's liability. r= .R ■ kKW2e9' rts`{ i Therefore, it is recarmended that DBS be canpensated for the delay in construction as follows ESCALATION (58) (158) [1,358,970 - (67,948.50 + 203,845.50)1 x 4/12 x 6% m $21,743.52 FINANCE [88 330 - (271,790) x 9% x 4/12 m $18,346.08 Remake moulds $ 71000.00 Early start of work on STAY RING 4j714.00 ; r i TOTAL $51;803.60 Section GC 16 refers to real and unavoidable direct cost incurred by the a contractor. In order to qualify for payment, sufficient documentation by DBS will be required for the following: Storage Costs, Restart of Project in reference to the progress payments, it should be understood that the City cannot legally pay for anything that is not received. We are in process of getting the 158 Invoice from Black A Veatch so it can be processed. I would expect you to receive this payment approximately 1/16/89. Under Seot'.on GC 31, the progress payments are tied to delivery of different oc ponents. If you can show, for example, that the generator cot is 308 rather than 108 as originally shown, the amounts and percentages can be changed. If all items are received by July 1, we have no problem with payment of 908 of the contract amounts by that time. The 108 amount which is to be held until acceptance cannot be paid until the equipment is actually rested. Considering the other terms of the contract, I do not believe that an escrow account would be necessary. Please respond at your earliest convenience, since we do not wish to further delay the project. Change orders of this size mast be approved by our City Council, and the payment schedule of 2/1/89 may not be s attainable. # Yours truly, *Mwar %ison Executive b i>1soti~ur of Utilities !j MTstn 2EBTO10689288 I f~ DEC 23 196 12223 FROM D85 ESCHER WY55 0215 PARE @02 C~%~Fi , oss 99CHIN WY99 q' J,fl!,16 i sa°~•'~6+"Te1o~se~,°68 f tB~uAJe bite , December 220d, 1948 Serial Letter no- M 022 r - i %lack 4 vestoh city of Denton Purchastpa Engineers 6 Architects 901.1 Texas Street 1100 Maadaw Lake Parkway Denton, Taxes 76201 USA Kansas CitYe Missouri Attni Mr. John J+ Marshall 64114 -USA Purchasins Aeti ian~ Mr,~ ,P'. (iuvat f Re, City of Denton,-Texas Swit ca ion Was 6~0200Pro}ect my Project 10566 t►te Consract 720110. Dear Sir. We have been advised verbally by Mr* bob Nelson, of Denton I l Municipal Utilities that .the cider of Menton and 1fsSUs have J rtselwd their differences and that our contract is tWYSto be releasedo The contract is basicaily on hold as instructed per your i letter of August 244 1908. The additional price (rat, our letter 1 of Sept t3) for rssvoins work an this contract, if it release is f(one shoe" oby JAI%, d We t9+nndred8ninneety nia#)4 The breakdown for hich`isffas ~ t tallow s is ip addition to the 14714 , ►1eNs note that thi the early start of work on the stay ring, reference our letter ' D18_016+ tie (b. n our Setter *I'SEpt.11. 190b1 4Y!a-~~- f ■ S 1",400 I Mesa for 5 months S X 3504 , ~i } 8scalation for 5 months 11103380970 X 5 X • S )3 1 ; w • ~ Restart of project s 30.000 finwo oust for S Months based on work due till Ausust 24, 1983 at interest rate of 9% ■ $ 885,330 X .49 x ¢ 12 Total 91344599 µfiQLpt I■ Ib.1a, ! 1 n DEC 23 'Be 12+23 FROM DBS ESCHER WYSS N213 PA0E,003 NO I& wqm Slack b Veatch Kansas City, Missouri Pate 2 As you are avert, we have spent considerable amount of money and have not received any payment from the Owner, The term of payment should be revised as followai to Release At 152 progress payment i,i edia m y but no later than Jau,S, loss. h 2, Payment of storage and finance cost by February 1. 1999, I 1 2• 302 Progress payment to be released U n shipment or offer of t shipment of generator on Jan, 16, 1969, 4, 251 progress payment upon delivery or offer to ship of all ambedded parts, stay ring and distributor "stably components by may 1, 19696 # S, 102 progress payment for balance of items by July 1, 1969• 68 101 hold back to be out into an escrow aeeount starting on July 1, 19a9 and until final acceptance and payment is made by the Owner, The cost iepaot4 if any, of the warranty of our equipment will hew f to be rene6otiated, once we know the final pro,lect Schedule. We would appreciate an early respouss, Y Yours truly, { J tia Burney Manager - Contract AdmiaistratoA DDS ESCKU WYSS Coco W.D, Strub F, van der Visa A, J, Mettler R zas~ w rt rte;,, r JAI 1 cirvot DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM DATE: October 7, 1966 / TO: LLOYD V. HARRELL, CITY MANAGER s r FROM: R. R. Nelson, Executive Director of Utilities RE: Effectiveness of Denton's Industrial Pretreatment f Program j Denton. is required by the Environmental Protection Agency (EPA) j to have an Industrial Pretreatment Program, as are all major wastewater treatment plants, The purpose of this program Is to work with industries, monitor them and set industrial (and perhaps commercial) wastewater discharge limits for their plants, all in an effort to keep toxic substances from reaching Denton's wastewater treatment plant. Toxic substances presently are essentially heavy metals such as mercury, lead, cadmium, zinc, etc,, which can kill the micro-organisms in the E` wastewater treatment plant's process where their purpose is to decompose all of the organic material coming through the plant, s A recent article in the newspaper relating to a report from EPA on an inspection they made in July may have given the j impression that Denton s program was not as effective as it should be. Howard Martin, our Environmental Services Administrator, prepared a brief report on the EPA ispection (attached) in order to summarize the EPA report. The bottom line is that Denton's Industrial Pretreatment Program is operating very effectively. We have good control 1 over all industries that might discharge hazardous materials, l ~ and those industries are cooperating very well with Denton 's staff. The program has met every one of its objectives of assuring that no toxic materials enter or leave the Wastewater Treatment Plant and that all potential sources are identified and these industries pretreat thoir waste and prevent toxics from entering the sewer system. We have been able to do this in a spirit of cooperation and technical assistance with our industries, rather than by resorting to unproductive adversarial penalty methods. 6078U:10 ~n wf unnc'rtw Memorandum to L, V, }carrell PRe., age 2 Effectiveness of Denton's Industrial Pretreatment Program Extensive lab quantities of hteeasts show that there are only very minute vy metals coming into and going plant- in fact, a 90% decrease from 1985 Inclromeut all EPA st n dards are being met, and are actually well below EPA requirements, We do acknowledge that we are understaffed in this area, and probably should have been more assertive in the budget process this year to allocate more personnel to the area. However, having a lean staff (one person) has not kept Howard's rou r from doing a good job, We also acknowledge that it would probably be a good idea to sample some of the university facilities, especially their labs and physical plant, boilers, etc,, but the tests we have run do not indicate any violations from these sources. We did err in not correctly reporting to EPA that the fine for violating the Industrial Pretreatment Ordinance had been increased from a maximum of $200 per day to $2000 per day. This change had been done by a single comprehensive ordinance to cover many city ordinances, rather than by specifically changing the Industrial Pretreatment Ordinance, and we apparently did not get this information adequately disseminated to the Industrial Pretreatment personnel, The remaining EPA issues i f discharge standards and we110ofllcourseto a to kitightening to i f meet such now standards. Tliis, we believe, will be an action process for many years, r 1 do want to praise }toward Martin, our Industrial Pretreatment Administrator, and the entire Municipal Laboratory Staff, The r are very dedicated to the goal of bein { ' water reources, g good stewards of our kespectfull , R. E. Nelson, P,E. )E Executive Director of Utilities P i gcr cc, C. David Nam, Director Wtr/WW Services Howard Martin, ESA file 6078Ur11 i' i l CHIT rim"] .M` li. MEMORANDUM I~ h TOo R. E. NELSON FROMi JIM COULTER i DATEi 10/8/88 RES INDUSTRIAL PRETREATMENT PROGRAM AUDIT Representatives from the EPA and SAIC (Scientific Applications International Corporation) audited our industrial pretreatment program an June 7, S and 9. They reviewed all aspects of our program to verify that we are conducting our pretreatment program in compliance with federal regulations. We received the final report of the audit on August 22. The final report is divided into three sections. Section Bo Required Actions] Section Ci Recommendations for improved implementation and enforcement of program requirements] 1 and Section Di required modifications to the City's approved pretreatment program. The following is a summary of the audit findings. a "The City of Donton'n pretrsatmenf pregram + approved March 16, 1984, is currently operating in a relatively satisfactory manner with regard to program implementation) however several areas within thw program will require strengthening and modification to ensure continued effectiveness." i , B. Required Actions- those areas which might result in Administrative Orders t 1. The City of Denton will be required to initiate complete and 1 thorough inspections and monitoring of the followings University of North Texas, Texas Woman's University, Denton State School and area hospi taI s. I ' 2. The City of Denton will be required to begin routine monitoring for cyanide and total toxic organics for categorical industries. ~ I C. Recommended POTW Actions- 1. Continue with efforts to increase maximum fines from $200.00 per day to $2000.00 per day. 2. Complete the extrajurisdictional contract with the City of Corinth and develop procedural mechanisms to implement the pretreatment program in the now area. 11 ~ 3. Issue permits to Denton State School, University of North Texas and Texas Woman's University. 1 i Ulm" I sWMi k F ~ 4. Procedures should be developed to permit, inspect, manifest and randomly sample septic waste haulers if we develop this program. 5. Assess all additional changes we fo*1 are necessary to strengthen and clarify the provisions of the Sewer Use Ordinance and submit theme changes to the EPA as a single package. 6. Modify and expand our permit format to remove any ambiguity with regard to applicable limits, point of application and the standard conditions which apply to all industrial users. 7. Develop a standardized industrial user inspection procedure, including a form to ensure that all facets of the indur -ial operation are inspected. 8. Develop and utilize a written enforcement/response guidance document to ensure consistent and effective enforcement procedures. ' i 9. "The requirements and recommendations identified in this audit report will likely result in a substantial increase in the manpower ' needs for program implementation. The City should reassess the current staffing situation to ensure that the program is effectively i nmrnted. " h D. Required modifications to the approved pretreatment program- t 9 1. The City of Denton will be required to develop technically based local limits. Local limits mitst be revised and submitted to EPA for approval based on the findings of this technical evaluation. Once these limits are established, they should be incorporated into thm City's Bawer Use Ordinanco with language ensuring their enforceability. 2. The City of Denton will be required to develop an enforceable contract for extraJurisdictionta contributors to the AOTW. ' Bamicaliy, what the EPA to saying is that for the past -four years we have been able to most the basic program requirements, however, present and future requir-ements, development of local limits, extroJurisdictional Contracts, increaeQd surveillance monitoring etc* will require #.'~at we expand pretreatment program operations. Failure to expand tin program to meet these requirements will result > in a vi dl 4t i on of our NFDES permit. ~ The article in the Denton Record Chronicle stated " that hazardous waste could creep into the water supply from Denton'• two universities. Direct discharge points from the two universities are not monitored] however, monitoring is performed at the water reclamation plant influent and effluent weekly for hbavy metals. A complete priority pollutant scan of treatment plant influent, effluent and sludge was performed in March 1988. This pollutant scan cost $1900.00. The results from these analyses indicate that I~ i i M"j F we hove good control over hazardous materials entering and leaving the plant. Currently the Pecan Creek Water Reclamation Plant is meeting all federal discharge requirements. Presently, all categorical industries are in compliance with local and federal pretreatment program requirements. The Water i Reclamation Plant has not experienced any upsets attributable to industrial discharges in the past 3 years. Heavy metals and particularly chromium are a concern to the operation of the Water Reclamation Plant. Since 1985 we have experienced s 90% decrease in the levels of chromium being discharged to the Pecan Creek Water i Reclamation Plant. Following the EPA audit a survey was conducted of comparable sized cities with similar industrial contributors. Based on our survey and discussions with representatives from the EPA, for a City the size of Denton with our industrial base we should have 3 to 4 people working an the industrial pretreatment program. I have included a copy of the survey. file auditl j I M yt INDUSTRIAL PRETREATMENT OURVEY i CITY POPULATION PRETREATMENT PLANT SIZE INDUSTRIES STAFF CAT' NCAT1 i Sulphur 20.000 2 5.2 MOD 1 4 Springs i coreicane 25,000 2 3.5 MOD 2 3 Denison 25,000 3 3.4 MOD 5 5 4 Sherman 34.000 w 12 MOD 4 6 I Lufkin 42,000 4 10 MOD 7 2 Lewisville 46,000 4 12 MOD 4 5 Harlingen 461000 4 6.7 MOD 10 60 Longview 70,000 4 14 MOD 10 22 Texarkana 72,000 3 20 MOD 7 16 Denton 63 s 000 1 er** 12 MOD 3 1 2 1 Categorical Industry 2 NonCategorical Industry E * Includes minor induntr~ies+/restaurant s j Includes i lab position dedicated to Industrial Pretreatment Program r i** Bob Goodfellow (EPA Enforcement Branch) recommended 3-5 people r f Files survey 1 ~ t i i I C 1 1 i i' I Y~04&t4 t UkW f Cd i CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / rEL EPNONE (817)566.8200 MEMORANDUM DATE: October 60 1988 TO: FILE- LEWISVILLH HYDROELECTRIC PROJECT FROM. R, E, Nelson, Executive Director of Utilities fff RE$ Non-Consumptive Water Rights Permit f rr Y rrrrrrrYrrrrrrrr rrrrrr•rrrr Mwrr.rrrrrrrrrrrrrrrrrrrrrrrrrrrrr R, B, Nelson, and Howard Martin met with Mike Booth of Booth, Newsom, Attorneys, Then met with Jack Chitwoods Terry Slade, Crai , at the Texas Water Commission, Austin, R a V e Iwe enf s FERC hydro license for Lewisville and Ray Roberts, They had some discussion about whether hydro could be a "subordinate" purpose, and we advised that the flow to the hydro unit would be strictly that flow needed to serve Dallas' Water Plant requirements, They expresiied that the apppropriate way to, permit this is to amend Dallas' Water Rights Permit in ( Lewisville, They felt that both Denton and Dallas' permit would have to be amended for Ray Roberts, I advised that Dallas has j expressed an interest in installing a pipeline on the Lewisville outlet works, and that Denton is working with Dallas f on an agreement to delay this pipeline until 2005, J [ There is some uncertainty as to whether there will need to be a sso Sin publiffecctedno, MikepBCeand TWCcStaffot xpressed eoptimism thattwould not need such process, If public notice is required, could { take 4r6 months; with no public notice, 6~0-9,0 days, i advised that Dallas had indicated they wanted Dallas to handle all legal aspects and costs to get the permit, but we would need to confirm this, State requested that the Dallas Cityy Council adopt a resolution authorizing Denton to act in Dallas' behalf before the State began any ,action, Mike B, was requested to draft such a resolution and send to Denton, i 6078Us12 'a `4 A N{Mf~ W A 1 File: Lewisville Hydroelectric Project Non-Consumptive Water Rights Permit Page 2 Mike B, advised that Denton would have to assemble information regr+:iing water conservation activities and plans in place since that is a required part of a water permit application change, T advised Mike B, to take the lead in pressing forward as fast as possible, Denton has sent Mike a purchase order for $3000 to begin this work, and Mike is to advise as he reaches limits on this PO so additional authorization can be forwarded, He advised that he would visit again with the staff next week to help assure that the full public notice process can be avoided, since this permit does not change any flows s that now exist, LZ 7~ r , e son, , . Executive Director of Utilities cr cc: Howard Martin, Environmental Services Adm, File i i . 607BU:}2 I j i II I I 1 • °dew DAL CITyOf0&NT0A1,TBXAB MUNICIPAL OUIL DING/ DENTON, TEXAS 76201 / TELEPHONE(817)566"8200 MEMO.---- RANDUm i DATE; October 6, 1988 { TO.- FILE- TWU IRRIGATION PROJECT FROMs R. E. Nelson, Executive Director of Utilities ± E RE: Meeting I0/6/88 With TWC Staff Regarding Permits f ►►O►rw°.►►►►►►►►►►►►►►►►►►►•►►y►.►wr►►►►►r►►r►►►►►►►►r►►►►►►.►r► RoE. Nelson and Howard Martin met with Frank booth Newsom, Attorneyys, in Austin at 9;00 AM, October6 1988. Then i met with Jack Chitwood Terry Slade and Craig the Texas Water Commission at 10;30 AN, Reviewed TWU desire to either drill two water wells to irrigate their golf course, and campus or be able to t purchase sewer effluent water from Denton at a cost effective rate, TWC staaf copy. the report done on the concept and provided vthem with I requested information on what process is necessary to get authorization and what permits are necessary, A ! Howard advised them that we had 89 acre feet of irrigation water rights from a 44 acre tract of land Denton had purchased from the Felix Calahan estate, The State advised that: 1, if that 69 acre feet of irrigation water was a result of flow from the Wastewater Treatment Plant, then we could use as irrigation right and no additional permit is needed to sell this 30 MOD to TWU, 2, The City may take as much water as they want from the wastewater discharge stream for irrigation of their own municipal park system and no additional permit is needed, 3, The City can use water from their wastewater discharg stream without affecting downstream water rights iF such water comes from ground water sources, to., wells, f' I (Denton has several mobile home parks that discharge water into Denton's wastewater system who get their water from wells), Not clear at this time whether this j requires a special permit, I 6078Ut14 f 'Vol TWU Irrigation Project Meeting 10/6/88 with TWC Staff Regarding Permits Page 2 4. Any water additional to !1, #2 or N3 above, must be from a "water conservation" wastewater discharge ppermit or an amendment to the water rights from Lake Lewisville designating the present "municipal use" to "irrigation use". This position is not clearly undersoood. I advised Mike B. that Denton did not want to work on this project until we are complete with the Lewisville and Ray Roberta project. Denton can always dove forward with the sale of water to TWU in an effluent pipeline system, but instead of using sewer effluent, Denton can buy additional water from Dallas. The TWC staff inquired about Denton's use of sewer effluent at the Power Plant and expressed Denton may be violating the wastewater discharge permit at present. Denton and Mike B. advised that it should not be considered a violation since other TWC permits have allowed such wastewater flow uses so tong as it is for municipal purposes and, since this Is a municipally owned power plant, this use qualifies under TWC standard rules, In addition, Denton probably has more water coming into the Wastewater Treatment Plant from wells than does the Power Plant use on an annual basis. This issue is not resolved and may surface in the future. I I Executive Director of Utilities gcr cc: Howard Martin, Environmental Services Adm. file 607SU:1S r i I 6401 h 1r I .i M~ ciryot DENro rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 566.8200 i I December 21, 1988 i CHU Mr. Michel Lariviere _ I DBS Escher 1Vyss 555 Notre Dame Street j Lachine, Quebec, Canada H88 2B1 REt L1?wISVILLE }iYURQBICPRTC TURBINE i Dear Mr. Lariviere; Please proceed with all the turbine manufacturing activities on this project. The Cities of Denton and Dallas reached an agreement on December 14 1988, where Dallas agreed not to install a pipeline until at least 2065. 3 ry truly yours, f I LG~ ~ 1 8mie B, Tullos i Director of Electric Utilities i IYC12nd 8029 cc; Harrell, City Manager, Denton R. Nelson Executive Director of Utilities Joe Cherri, Electrical En~ gineer Robert Crisp, Director, FIiRC Atlanta, GA, J. Mark Robinson, Director, EBRC, Washington, D.C. Bruce Ainsworth, Black 4 Veatch Consulting Engineers k k efi i I roerx 1D CITY O/ DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 0 December 21, 1988 Mr. David Guyot DEC Black $ Veatch 2 2~ ! 1500 Meadow Lake Parkway Kansas City, MO 64114 ea 0 ICE 1 RB: LEWISVILLE HYDROELECTRIC TURBINE I i Dear David: This is to confirm my verbal instructions to Bruce Ainsworth on Priday, December 16, 1988, regarding the Lewisville Hydroelectric Turbine, Please proceed with all the engineeringg, general construction and turbine manufacturing activities on thie project, i Included is the UNSIGNBD copy of the Supplement Agreement No. 1 to the untreated water con rac between the Cities of Denton and Dallas which will be incorporated in the Corps of Engineers Memorav.dum of Agreement for the site access during project construction. Denton and Dallas approved the agreement on December 13 and 14 of 1988 respectively. truly yours, ba.- Ernie B. Tullos Director of Electric Utilities BBT : gb IYCI21688029 Enc; Unsigned copy of Dallas/Denton agreement cc: %eloyyd Harrell, City Manager, Denton I R. E. Nelson, Executive Director of Utilities Joe Cherri, Electrical Engineer Robert `Cris , Director, PERC Atlanta GA, J, Mark Robinson, Director, hRC WasAington, D.C, Bruce Ainsworth, Black 4 Veatch 6onsulting Engineers y FILE COPY WrYof DENT4N, TEXAS MUNICIPAL BUILDINQ / DENTON, TEXAS 76201 / TELEPHONE (817) 668.8307 OINoe of the City Manager December 19, 1988 r Richard Knight I City Manager City of Dallas 1500 Marilla Street Dallas, TX 75201 Dear Richard: Just a brief note to express my sincere appreciation for your help in expediting the agreement between the City of Denton and the City of Dallas relative to the hydroelectric unit to be placed at Lake Lewisville, You certainly delivered on your pledge to help make this agreement possible provided that both the projects for Denton and Dallas could be completed, The agreement which was y formalize between our utility departments effectively accomplished that goal, Again, I personally thank you for your help in this matter, T a signing of this agreement has done much to further the cooperative relationship between our two communities, I look forward to seeing you in the near future. Please let me know if I can ever return the favor, i Very my yours, Lloyd V, Harrell City Manager LVHsbw 435814 boor Bob Nelson i I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 16201 / TELEPHONE (811) 566.8200 J MEMORANDUM ddd 3 i j TO,. LLOYD V. HARREL, CITY MANAGER r FROM: R, E. Nelson, Executive Director of Utilities DATE; October 2S, 1988 1 RE: Public Notice- Lewisville Lake Conservation Storage. r rwrrrr rrrrrrrrrrrrrrrrr rr.rrrrr•rrrrrrrrrrrrrrrrrrrrrrr •rrrrr rrrrrrr r, f Attached is the notice that we have all been expecting from the Corps regarding the authorization to raise the level of Lewisville Lake. ; Denton and Dallas staffs will be meeting soon to determine if we should take water out of Ray Roberts to raise Lewisville, If we raise 1 y Lewisville too much and then get a large rain which fillf Lewisville above the 522' level, the Corps will "dump" the water. Denton and Dallas will then have to wait longer to get Ray Roberts filled R. E. Nelson, P,E. Executive Director of Utilities gcr cc! David Ham, Director of Water/Wastewater Services Howard Martin, Environmental Services Coordinator Jerry Roush, Supt,, Water production file 6078U:34 I ~4 9 I OCT z4 1986 E!1@L14 d4T14E CHANGE OF TOP OF CONSERVATION STORAGE FOR LEWISVILLE LAKE Notice la hereby issued to the public that the U.S. Army Corps of Engineers, Fort Worth District, has been authorized to raise the top of the conservation storage pool level at Lewisville Lake from 616 foot above mean sea level to Set, The Impoundment of this additional water may begln on or about November 30, 1988. The conservation storage pool is the water maintained tot purposes such as water supply, recreation and Irrigatlon. This Impoundment sot ion does not neoessarlly mean that the lakels level will rise, Actual water levels at Lewlavllle Lake will depend on rainfall and the water supply needs of the cities of Dallas and Denton, Both cities have permits } issued by the state of Texas to market the water In the conservation pool and they will decide what additional water, If any, needs to be stored at the reservoir, Dallas and Denton will relmburse the federal government for allowing them to store their water In the Corps' Lewisville Lake. New areas which May be under water consist exclusively of government-owned or government-controlled lands along the Llttle Elm and Elm Fork of the Trinity River extending from Lewisville dam upstream approximately 13 miles, For additional Information, call the Lewisville Project i Office at, metro 5214) 434-1888. ! j lI4 I I it j i ClryofDBNroN,r6XAS MUNICIPAL 6UILDfNG / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 October 3, 1988 I Ms. Lois Cashell, Acting Secretary Pederal Energy Regulatory Commission i 825 North Capitol Street, N.E. { Mail Stop: DPCA-HL•21 Washington, D.C. 20426 E RE: License #3940.004, City of Denton, Lewisville Dam Hydroelectric Project I Gentlemen: 1 This letter is to provide you with an update on the progress of sub ect project since my =.etter of August 24, 1988 to Mr. Fred Sppr, ngger, and to confirm my telephone conversations with Hossein Ildari on September 13th and September 2S, 1988. The City o£ Denton's Utility and Legal Staffs met jointly with Colonel Schaufelberger and his staff at the Port Worth Corps of Engineers' District office and Matalyn Harp, Assistant Water Director of Dal). as on September 6, 1988. On September 19, 19880 a E meeting was held between myself and the Acting Water Director of Dallas, Dennis Allen. The results of those meetings were that Dallas has indicated they are willing to delay installation of their roposed Vipeline until approximately 2005, Denton has submitted to Dallas a 'Memorandum of Agreement" outlining a delay of the pipeline until the year 200S, listing the percentage share of electrical benefits Denton would share with Dallas, clarifying and assuring Dallas of Denton's support that the hydro unit will not be operated { such that Dallas would lose water supplies, and agreeing to have the ! "non•consumptiYell water rights permit for the hydro unit from the Texas Water Commission in Dallas' name. Dallas appears reasonably agreeable to these general principles and is reviewing ,his Memorandum of Agreement at present. The goal is to have this Memorandum of Agreement signed by the respective City Managers of Dallas and Denton within the week and place the Agreement on the respective City Council agendas for appproval by the end of October, Mr, Ray Losornio, of Colonel Schaufelberger's office, has been advised of this and has expressed ! t low, Ms, Lois Cashell, Acting Secretary Federal Energy Regulatory Commission License 03940.004, City of Denton Lewisville Hydroelectric Project --Page 2 that the Corps of Engineers would consider such an Agreement satisfactory, whereby he felt a recommendation could be forwarded to General Lee of the Southwestern Division of the Corps of Engineers in Dallas recommending that the Corps siggn the '"Memorandum of Agreement for Support by the Corps and Estabilshing Procedures for 00 Access and Site Activities" with Denton. This action would allow ' Denton to proceed, hopefully, by November 1, 1988. Denton is very determined to get this project underway and is continuing to work on a number of areas even during this temporary delay. Attached is a letter from Dominion-Bridge Sulzer, the i turbine manufacturer, stating the percent completion of the $1,3011,000 turbine, Also enclosed is a copy of the power house I specifications that will be released immediately after the Corps of hngineers signs the above-mentioned Agreement, I will keep you posted on any further actions related to lifting this unfortunate temporary delay of the hydroelectric project. Please call me if you have any questions, , Respectfully R, E. Nelson, Executive Director Department of Utilities { gcr j bnclosures: I. Letter from Dominion Bridge II, Powerhouse Specifications b07bU:4-6 { I I a 1 I . Ms, Lois Cashell, Acting Secretary Federal Energy'Regulatory Commission License #394U0-004, City of Denton Lewisville Hydroelectric Project -Page 3 i 40 cc: Mr, Fred Springer, Director, Office of Hydropower Licensing, FERC, 825 North Capitol Street, NE, Washington, DC 20426 Ron Corso, Director, Division of Dam Safety and Inspections, f 825 N. Capital St., N.H., Washington, DC 20426 i Robert W. Crisp, Regional Director, FBRC, 730 Peach 'free St., Rood: 800, Atlanta, GA 30308 John E. Schaufelberger, Colonel, Corps of Engineers, PO Box 173000 Pt, Worth, Tx 76102.0300 d ' General Lee, Corps of Engineers, Dallas, Texas t of Denton; oy arrell, Denton City Manager Ernie Tullos Director of Electric Utilitis, Denton Debra Drayovitch, City Attorney R Black Veatch, Engineers, Attn: David Guyot, PO Box 8405, Kansas City, MO 64114 f f h a 600bU:45-47 { t 4980..__.. SEP 2 2 DUPuCATE Des e8CHIN WYSS 666, rue Nolte-Dame, tachlne `Montreaq C111"A H8S 20 i Tel., (514) 634.3561 , T4Iex; 06.821683 • TAIACOpleuc (5 t4) 638.81 T8 i September 16, 1988 Via Tclecopler j i City of Denton _ 2156, Mckinney Street Denton, Texas 76201 U.S.A. Attention) Mr, R,R. (Bob) Nelson Refi Lewisville Hydroelectric Prolect Dear Sir, As reque.4ted, please find listed below the status of completion on the major components of the turbine for the above project, Item No, Dentition L eted 1 Runner Hub 60% 2 Runner Blades 85% 3 Discharge Ring 15% 4 Draft Tube 75% 5 Gate Oper, Ring 80% I 6 Inner Distributor 75% I ' 7 Outer Distributor 40% 8 Tyton Seal 50% 9 Shaft b Bearings 40% 1~J • t0 Stay Ring 80% As of the date that the project was put on hold the statue of completion on this project was approximately 65%, i Trusting that the above information is to your satisfaction, { Regards. j i DBS CHRR M. La viers Project Manager i ML13/pk 1 SpgCIFICATIONS AND DOCUMENTS aOMPLETE SET OF SPECIFICATION ON PILE IN OPPICE OP THE ACTING SECRETARY OF PERC i i f CITY OF DEWMN, TEXAS grYgylls MROELNCTIUC PROJECT i C}ENjgAL CONSTRUCTION I 1 WD NVbMER 5 SPCOIM~ TRA~C"Lo1Iou&n.0 00o I f i E Issuedi JUL i 51988 ! i! I hereby certify that this specification was prepared by me or under rofeuione lr6n91neer under+the awe of the Stateyof Tilxaand p r Dote neg, No. BLACK & WATCH EngineernArcWteofa ISanaae City, Mieaouri ' I 1888 it J MNM~ .[ryp:(SVJ~ A■Qi{ ~J CITY OF DENTON, TERAS LI,WISVILLE HYDROELECTRIC PROJECT SPECIFICATIONS AND DOCUMENTS FOR GENERAL CONSTRUCTION SPECIFICATION 10566.71.0000 TABLE OF CON,NTzTS Paso thl-u P, age 1 a t. BIDDING RgQUTAEM8NT3 (Bound also Issued seend parately) t Advertisement A-1 M2 $-T Instructions to Bidder BC--1 l W Proposal D»1 C-1, I Proposal Data II. CONTRACT FORMA Contract Agreement CA-1 CA-2 Performance Bond PFB-1 en-2 f Payment Bond PYS»1 PYB-2. III. CONTRACT REGULATIONS { General Conditions OC»1 OC»21 Sample Price Breakdown Form i page Special Conditions 8C-1 BC-16 IV. SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Station IA - General Description and Scope lA»1 IA-5 of the Work 18-1 18-4 18 - Drawing List 1C-1 IC-6 1C - Engineering Data 1D - Contractor's Quality Assurance 1D-1 1D-3 Program lE-1 3E»2 1E - Construction Schedule 1F-1 1F-3 ip - Construction Services 10 r Recaiving► Handling, and storage 10-1 10-4 (DENTON 10566 GEN CONST 71.0000; 1 TC-1 } _Page thru page DIVISION 2 - Simon Station 2A - Earthwork 2A-1 2A-13 2S - Construction Cofferdams 2S-1 25-2 2C - Drainage Piping 2C-1 2C-3 2D - Dewatering 2D-1 2E - Riprap 2E-1 2E-4 2F - Erosion Control 2F-1 2F-2 20 - Chain Link Fencing 20-1 20-5 2H - Aggregate Surfacing 2H-1 2H-3 ! DIVISION 3 - CONCRETE I i Section } 3A - Cast-In-Place Concrete 3A-1 3A-29 j 3B - Grouting 39-1 3E-5 DIVISION 4 - NOT USED { DIVISION S - METALS - Section SA - Structural Steel and Mis. cellaneous metals 5A-1 SA-16 ! 58 - Metal Deck Form 58-1 5B-2 6 DIVISION 6 - NOT USED I~ DIVISION 7 - MOISTURE PROTECTION ) Section I 3 7A - Elaetomerio Roof Costing 7A-1 78 - Caulking and Sealing 7E-1 7A-2 j 7C - Waterproofing 7E-3 I 7D - Aiuainum Louvers 7C-1 7C-3 F I 7D"1 7D-2 I DIVISION 8 - DOORS AND WINDOWS Section U - Metal Doors, Frames, and Hardware SA-1 8A-9 DIVISION 9 - FINISHES I Section 9A Painting 9A-1 9A-16 i (DENTON 105660GEN C6NST 71,00001 TC-2 I ' r Page t~ hr~ uu nits, DIVISION 10 - SPECIALTIES $action I' LOA - Eyewash Station 10A-1 DIVISIONS 11 thru 14 (Not Used) DIVISION 13 - MECHANICAL Section 15A - Owner-Furnished Equipment and Materials 15A-1 Subsection 15A1 - Turbine I5A1-I 1SA1-7 j ( 15A2 - 0enarator 1SA2-1 ISA2-8 1 15A3 - Excitation and Controls 150-1 15A3-8 15A4 - Electrohydraulic Govern- ins system 15A4-1 15A4-15 t ! 15A5 - Miscellaneous Mechanical Equipment 25A5-I 15B - Contraotor-Furnished Equipment 15B-1 158-16 Substation i 1581 - dump Pumps 1581-1 1581-5 1582 • Hire Extinguishers 1382-1 1383 - Welded Steal Penstock 1563-1 15B3-5 150 - Auxiliary Mechanical Equipment Erection 15C-1 15C-5 15D - Miscellaneous piping 15D-1 15D-11 Subsection 15D1 - Pipeline List 15D1-1 15E - Miscellaneous valves 15E-1 1SE-3 Subsection 1581 - Buttarfly Valves 24 Inch and Larger 1SE1-1 1521-5 1522 - Valve List 1922-1 15F - Penstock Installation 1SP-1 15P-6 15G - Turbina-Genarator Erection 150-1 150-11 ISH - $paae Conditioning 15H-1 ISM-$ Substation 1SH1 - Slectrio Heaters ISHI-1 ISHI-2 1SH2 - Power Roof Ventilators 15H2-1 1SH2-10 151 - Startup 15I-1 131-4 i IDENTON 10566062788OEN 71,00001 TC-3 ) 4 "'~i 'F'W1 "Owl Pane th u Pass DIVISION 16 - ELECTRICAL Section 16A - Contractor-Furnished Equipment and Materials 16A-1 Subsection 16A1 - Battery 16A1-1 16A1-3 16A2 - Battery Charger 16A2-1 16A2-3 16A3 - Separately Mounted Motor Starters 1643-1 16A3-5 160 - AC and DC Panelboards 16A4-1 16A4-3 16A5 - Dry Type Transforawrs 16A5-1 16A6 - Disconnect Switches 16A6-1 16AI - Separately mounted lush- button Control stations 16A7-1 16AS - Power Transformer 16AS-1 16AB-13 i, 16A9 - Outdoor Circuit Breakers 16A9-1 16A9-9 16A10 - Outdoor Disconnect Switches 16AIO-1 I6AIO-3 163 - Electrical Equipment traction 168-1 16M 16C - Raceway 16C-1 16C-17 16D - Conductors 16D-1 16D-11 169 - Grounding 16E-1 16E-5 16P - Lighting 168-1 168-5 APPENDIX A - Subsurface Information 47 pages APPENDIX B - Regulatory Requirements 34 pages I h ~ i (DENTON 10566 GEN CONST 71.0600 062888 l r 1 ~ 1 , F F Owl ADVERT~ GENERAL CONSTRUCTION FOR CITY Of DENTON, TEXAS LEVISVILLE HYDROELECTRIC PROJECT SID N MbER ~~s Z 71 Cit t he of 8aalad bids will be eived.5 y the Texas Street,DDenton,TTaxas,aprior tofice of aptember 23, 1 antral Standard Tina, than publicly 0 opened for p GENERAL. CONSTRUCTION Prospective bidders say examine copies of the drawings And $Pacification$ 1 at the office of Black 4 Veatch, Enginsaro-Architects, 11401 Lamar, Over- land Park, Xsnsas. Drawings and specifications will be loaned only to those bidders who have been deteraiaed by the City of Denton, Texas to be qualified to bid. De- terataation of a prospective bidder's qualifications will be based en- tirely on written evidence submitted by the bidder in duplicate to the City and the Engineer not later than 21 days before the time sat for open- LOS the bids. Each prospective bidder shall submit evidence that hei maintains a permanent place of business gas adequate plant and equipment available to do the work ptoperly and expeditiously f Bas an adequate financial status to east financial obliga- tions incident to this work Ras adequate technical knowledge and practical experience gas no just or proper claims pending against his oa other similar work ! Has constructed at least three other projects of similar 3 type, complexity! and scope. Submitted evidence shall cone list of a listing of each project indicating the Owner's name, location, approximate dollar vales, type of facility, sad date of completion. I j (DENTON 10566 6113 CONST 716000OJ ( 062106 Z I 1 5 i t milli 1 M r , i. Qualified prospective bidders will be loaned without charge five copies of the drawings and specifications which may be obtained from, the Engi- near (mailing address - $lack & Veatch, P.O. Box 8405, Kansas City, Missouri 64114, Attentiont Mr. D. P. Ouyot). All bids must be made on printed contract document forms included in the specifications. + When filed with the Purchasing Agent, each bid shall be accompanied either by an acceptable bidder's bond, a certified check, or a cashier's check on any solvent bank, the amount of which shall be not less than ; 5 percent of the amount of the bid. The bid security shall be made pays- + ble to the City of Denton, Texas. Bid security of the successful bidders j will be returned when their contracts have been signed, filed with, and approved by the City. Bid security of unsuccessful bidders will be re- turned on award of contract or rejection of bids. No bid m,ay be altered, withdrawn, or resubmitted within 120 days from, and aftsr the date set for the opening of bids. The City of Denton, Texas reserves the right to reject any and All bids g and to waivs defeats in Was CITI OF DSW!010 TUAS ! John J. Marshall Purchasing Agent s J r 3 i 1 `DINTON 10566ENCOMIT 11,0000; 062266 A•2 t tso f 1 iAq■8i Ir FJ"ACK & VEATCH ENGINEBRS•ARCHITSCT3 TEL, 16131 330-2000 1600 MEADOW LAKE PARKWAY IM' ~7 MAILING ADDRESS R0, e0% NO, 8406 KANSAS CITY, MISSOURI 64114 i 4 I } B&V Project 10566 City of Denton, Texas B&V Vila 15.01,00 t Lewisville Hydroelectric Project September 13, 1888 Conference Memorandum TP-3 00 J, I 0 r ~ 9 9W b ` City of Denton, Texas Q p 1 j i Municipal Building S 215 E. McKinney Denton, Texas 76201 4 Attentions Mr. R. E. Nelson Oentlemens Enclosed please find Conference Memorandum TP-3 which covers the discussions of our meeting in the DB-B offices in Montreal on September 12, 1988. I , Very truly yours, t B & VTt D. P. Ou mvv Enclosure i cc1 Mr. L+. B. Tullos ' Mr. L. V. Harrell Mr. R. Laney } Mr. M. Lariviera Mr. Z' Ho Burney Mr. P. J. Jermann i ff BLACK & VEArCH CONFERENCE MEMORANDUM TP-3 City of Denton Lewisville Hydroelectric Project 36V Project 10566 Turbine-Generator'COntract B&V File 15.0400 September613021988 988 The meeting was held on September 12, 1988 in DO-S offices In Montreal, Canada. The following personnel attended. ~e Denton . W M. Lariviere R,E, Nelson 2,H. Burney* Lloyd V. Harrell D.P. Cuyot P.J. Jermann* Roland Laney J *Indicates part-time attendance. The purpose of the visit was to discuss the suspension on the project and possible modifications to the turbine-generator unit if Denton loses their new conflict for use with Dallas, ~ 1. The City provided DS-S with a background statement regarding their 11 Conflict on the use of the out£all at Lake Lewisville. The City is actively pursuing all out security of the site or, if required, negotiating a division of the water with Da114a. Denton hopes to get a clear answer from Dallas and the VSACOE in two to three weeks. 26 DB-S has placed a hold on the project including their subcontract suppliers. D8-8 did authorize a few components to be completed, Overall the turbine-generator fabrication is about 60 complete, The turbine and major components are about 70rton75 percent complete, The runner Is cast and rough machined. These Components were scheduled for delivery in December 1988, The generator is about f~ 25 percent fabricated, The switohgear engineering is complete, but no assembly has been started, The balance of all of the other materials has been ordered and received at the assembly sites. 3. The City inquired about DS-S's view of the secondary market for the machine. DB-S said that although their S-turbine to promoted as a standard product, the only portion which is standardised is the ;Dater Passage, All of the components have to be designed for each site. One of the key design design parameters is head. D8-$ bids about 16-25 9-turbines each units per year, DB-S does not have any yeunitsTthe sitefoftLewisville to bid on in the near future, 1 I i {i 1 BLACK & VEATCH CONFERENCE MEMORANDUM IP-3 City of Denton 2 B&V Project 10566 Lewisville Elydroelactric Plant September 13, 1988 Turbine-Generator Contract 1 4. The City inquired about their current at-risk position. DB-S said that the response will depend on the actions of Denton, i,e, cancel now, cancel in a month, etc. The City indicated that they would like three options. a. Cancel now, b, Take delivery per contract with a release from suspension on October 1. c. Suspend indefinitely (costs to date, costs per month, cost to complete). Initially, the City would like a range of costs for the City staff to present to the City Council. The City may then request more definitive costs. k S, The City would also like to examine their alternatives. The following I~ scenarios were discussed. a. Operating the existing unit at Lewisville with a different s runner at smaller flows DB-S feels they could put in a six blade runner and make it work, The primary Impact cost would be lost efficiency. DS-S does need a good definition of flow, heads, and tailwater. DB-S needs up to two weeks to do the engineering study, once authorized. b, Moving the existing unit to Ray Roberts may also be j requested, But option as above makes this need less likely. r i 6. The following "Action Items" resulted from the meeting, j a, DB-S will provide the City with initial estimates of the costa for suspension :and/or cancellation. Action Party: M. Lariviere Due Datet September 14, 1988 b. B&V will provide DS-S with a work scope description to study modifying the existing turbine-generator to accommodate reduced flows in the future. Action Party: D. F, Guyot Due Date: September 14, 1988 to DB-S will provide the City a cost to do the study in response to above, Action Party,: M, Lariviere Due Date: September 16, 1988 i BLACK 6 V E A T C H CONFERENCE MEMORANDUM TP-3 City of Denton 3 86V Project 10566 September 13, 1988 Lewisville Hydroelectric Plant Turbine-Generator Contract d. DS-S will complete the study and provide a letter report in response to 6b above. Action Partyt Peter Jermann Due Dates Two weeks following release (or sooner) DFG j mw ~ i E i I lkr ctry of virmrom, M AS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) $66.8200 I r MEMORANDUM r F c~r DA1'8: September 6, 1988 T0: RALPH XLINKE, SUPT,, OF DISTRIBUTION l~ FROM: R, E. Nelson, Executive Director of Utilities RE: Service Call 6/23/88• Mrs, Pat Gorton rrr.rr►rrrrrrr•.►r.rrrr.......r►rrrr..►rr. ....r►r. r►rrrr.......rrr rrrrr I have been advised that on August 23, 1986, around 10 PM, the power went out at Mrs, Pat Gorton's neighbor's home, Mrs. Gorton was very worried about her 87 year old neighbor and when the temperature in i the home rose to 850, she called the emergency number for Utilities$ Mrs. Gorton later called the City Manager to express her appreciation for the quick and courteous response to her call, She said the staff quickly repaired the problem and evade a followup inquiry by phone to make sure everything was all right after the work was completed. Mrs, Gorton is related to our City Councilman, Bob Gorton, and it is very gratifying to receive great comments like this and recognition ; from the citizens of the community. j workse extend my sincere appreciation to the crew for this excellent I i 'R, Nelson, recut ve Director- Department of Utilities gcr cc: Lloyd Harrell, City Manager E. B. Tullos, Director of Electric Utilities file 60420:1 v j 1D CITY of D6NrON, rexAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566-8200 MHMORANDUM DATE: August 26, 1988 TO: LLOYD HARRELL, CITY MANAGER y- I PROM: R. H, Nelson, Executive Director of Utilities RE: Lewisville Hydroelectric Project Y Y Y i Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y___O- Y Y Y Y_ Y Y Y Y Y Y Y Y- Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y This week, we received a letter from the Corps of Engineers advising us that they would not sign the contract with Denton granting Denton easement rights to the outlet works area of the Lewisville Dam until Denton resolves the claim Dallas has made to the right to tie on to those outlet pipes. I met with Dallas on two occasions in the past few days, and they appear determined to proceed with a 10811, 200 MGD pipeline between the lake and their Carrollton water plant. Therefore, I regretfully must recommend, and as per your h concurrence, hY~e temporarily suspended all engineering, manufacturing an,, construction bidding on this project until we can resolve this concern with Dallas. License that Denton j The March 27, 1984, Federal Energy Regulatory i received for this project, we believe, provided us with the water f flows and rights to the site for hydroelectric purposes. However, the Corps has discovered a claim in their 1954 contract with Dallas that expends to Dallas "..the right to use the water supply outlet facilities for said diversion (i.e., water),." However, it further states that ",,,the design and location of such future facilities shall be subject to the approval of the contracting i officer (i.e., the Corps)..", Denton was not apprised of this fact until recently, but Denton feels that the Corps approval of j Denton's 1982 application for the FERC Permit and the subsequent 1 granting of the hERC Permit pre-determined that Dallas connection 1 to the outlet works would have to be on the discharge side of Denton's hydroelectric turbine, E 602701 '.i 1 Page 2 Lewisville Hydroelectric Project We have four possible options. 1, Prevail in the rights to connect to the outlet works either by: a. Gallas' withdrawing their pipeline proposal, drawn Denton out b access Legally to challengingsite. (This Corps' al long allow challenge and short term decisions would have to be made on the turbine) i If Dallas prevails or compromise is reached; 2. Continue on with the project with the 2840 KW turbine and operate it until Dallas installs the pipeline in 1996. 't' hen install a small turbine, possibly a 750 to 1000 KW ' unit, in parallel and use the smaller turbine to capture the water flows that Dallas does not take through its pipeline. 3. Re-design the hydroelectric project and install two 750 to 1000 KW units at this time, and capture the water flows that Dallas does not take. If the cancellation charges are significant on the turbine, the engineers believe it could be utilized at the Ray Roberts site. 4. Abandon the project and utilize the 2800 KW turbine on Ray i Roberts. i The Ray Roberts project was originally anticipated to only i be a 1000 KW turbine, since that was the most compatible S size for the majority of the flows. However, there are times when greater flows will exist and the full 2800 KW of capacity could be utilized for short durations, This could be beneficial for Ray Roberts Water Plant peak pumping requirements during the summer. The financial impact of the possible loss of the Lewisville hydro is significant in the early life of the project, but a the Lewis in the last 25-30 years of its 50 year expected life. unit is expected to generate 121200,000 KWH per year at a cost of approximately 4.50 to 50 per KWH. This cost includes payment of the debt service, operating costs and a 6% return on investment to the General Government. This return on investment to the General Government represents approximately $220,000 per year initially and declining by 2% per year (the rate of depreciation), resulting in lower than lt1he iwat er' anthe d project's 4.50 to0WKWHrelethe life of ctrical ostt project. t "Wi Page 3 Lewisville Hydroelectric Project wastewater plant now pays and savings of possibly $180,000 per year are anticipated. After the debt service is paid off in 20 years and considering energy cost escalation of 58 per year, the savings to the Water and Wastewater Department could be $l.5 to $2.0 million per year, We are attempting to work on this issue on all fronts, technical, operational, legal and regulatory, and will keep you posted on our activities. Respectfully, i y ~ s on E ~ R, H, Nel, P,Y. Executive Director of Utilities gcr cc; E.B. T ullos, Director of Electric Services file r ,I { f I I 6027Ut2 Mr,w ;l ,wan i 4i I aUp~~~~TE. CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 August 24, 1988 Mr, David Guyot Black 0 Veatch j 1500 Meadow Lake Parkway Kansas City, MO 64114 REt Lewisville Hydroelectric Turbine Dear Davidt This to to confirm my verbal instructions to Bruce Ainsworth on Monday, August 22, 1988, regarding the Lewisville Hydroelectric Turbine, Please suspend all Engineering, General Construction, Bidding Processes, and Turbine Manufacturing activities on this project until further notics!. The City of Dallas has reversed all previous positions of support to Denton on this project, and presently plan to attempt to preempt Denton's PERC license and tie on to the Lake I Lewisville outlet works with a 108" pipeline, capable of carrying 200 mgd, Dallas will commit only to releasing 35 mgd to the river, and if Dallas should prevail in this attempt to preempt Denton's PERC license, the 35 mgd flow will not be sufficient to operate the 21800 KW turbine. We will be in contact with you as soon as possible to determine the next course of action, I Yours very truly, rX R. E, Nelson, Executive Director of Utilities kkn cct VLioyd Harrell, Denton's City Manager Ernie Tullos, Director of Electric Utilities Joe Cherri, Electrical Engineer Pile 5628U359 i I f MAR 2 51888 CI~Y~it"t [ifrJ7tiP! 1 D CITY MAN 06 CF(4Cf y CITY of DENTON DENTON, TEXAS mgot MEMORANDUM DATE; March 25, 1988 TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD LLOYD HARRELL, CITY MANAGER PROM: R. B. Nelson, Executive Director of Utilities RE: UTILITY ISSUES . r. r. r. r. r. r Lewisville Hydroelectric Project R Now that we have all of the TMPA contractual concerns with our Lewisville Hydro behind us, we are working hard to resolve our concerns with Dallas, However, on March 9, 1988, we had to ask Black and Veatch to stop all construction engineering work on the project until we could better determine our position with Dallas, The turbine manufacturer, Dominion Bridge, is continuing with shop drawing engineering and has authorized fabrication of one item on the turbine. We have also made our first payment of a III pproximately $67,000 on the turbine. These steps are all necessary to protect our license, and we have forwarded all necessary evidence of these actions to the PERC as per their request. f ^ I , Our Engineers, Black and Veatch, met with Dallas' consulting engineers, Camp, Dresser and McKee (CDM), on Monday, After f reviewing Dallas technical plan, our engineers have expressed that the cost for the Dallas pipeline seems very expensive for the benefits that can be derived. We plan to schedule a meeting with Dallas officials during the first week of April to determine whether we need to slow down our work any more or proceed onward, Ray Roberts/Lewisville Lake Operational Committee Meeting David Ham, Howard Martin and I met with Dallas operational and wholesale contracts personnel Monday, along with the Utility Director from Lewisville, for our semi-annual Lewisville and Ray Roberts Lake Operational Committee meeting, This committee was established by our 1985 water contract with Dallas to regularly keep each other informed on how the Lakes are operated. Dallas advised us they are changing their operation procedures on Lewisville to stop overdrafting when Lewisville gets one foot below conservation level of 51S. Previously, they overdrafted, i,e,, i 7 "withdrew", as much water as the west side of their system could use, until Lewisville was half empty, then they underdrafted, i.e., "withdrew", less than the safe yield of 95 MGD, and made up the difference byy pumping water from their east Texas lakes of Ray Hubbard and Tawakani. Their reason for this operational change is to let Ray Roberts Lake fill as soon as possible which then gives Dallas and Denton greater "safe yield" volumes from the Elm Mork and, thereby, Dallas can delay by one or two years, the installation of some very expensive pipilines to Lake Pork and Palestine. In the meantime only minimum water i is bean released from Ra Roberts Lake, This action is good for Denton since it allows an earlier fill date and we get more of our water from Ray Roberts and have to buy less from Dallas. Ray Roberts Lake already has over 130,000 acre feet which gives us over 600,000 gallons per day which saves us approximately $200 per day. We believe that by September, we will have 2,6 MGD available from Ray Roberts, which is an average of 1.1 MGD for fiscal 1988, resulting in reduced water purchases from Dallas in the area of $120,000. Dallas did express that they will be placing Ray Roberts capital j costs in their wholesale water rate base in 1989. and the cost of raw water is expected to increase from 311 per 1000 gallons to 441 per 1000 gallons, a 411 increase. We continue to get mixed signals from the Corpa as to whether they { will finish their highway work on the east side of Lewisville Lake I { by July 30, 1968, If this work is completed on schedule, the Corps will begin filling Lewisville an additional seven feet and this signals the completion of the Ray Roberts/Lewisville Reservoir project and triggers the first annual payment of approximately $10900,000. We are continuing to keep that expenditure in our 1988 budget, i Lake Cities Municipal Utility Authority r I met with Marty Highbaugh, General Manager of Lake Cities Municipal Utility Authority, Tuesday to review LCMUA's previous request to buy 1,000,000 gallons per day capacity from our new Ray Roberts water plant. We also discussed possible wholesale sewer service to the northwest section of Shady Shores sometime in the future. LCMUA is certified to serve that area although they do not have service there at this time, Also discussed was the concept of running a large water transmission line from Denton to Lewisville or Highland Village either along I.35E or down 2181 along the proposed route of the highway to the Airport. Such a line would probably cost around $4,000,000. Such a line would tie Denton's system together with LCMUA and Lewisville, and thereby, possibly allow some of the South Central i Denton counties cities an opportunity to participate with us in building the Ray Roberts Water Plant. This might allow us to get some very good economies of scale by enlarging that plant from a 10 MGD to a 20 MGD. Then as south Denton County cities' requirements I ' 1 411 p ' Increase area i' and they find it feasible to begin a ma s y or plant in their t would release capacity from the Ra Denton and the north county service area. This concept tis ina at most preliminary stage and of course will need substantial study and coordination, Denton County Water Study r 1 met with the Denton Water Study "Blue Ribbon" Im t Committee, Monday morning, They are priorities work plans to help bring the information fabout athe DentontCountydWater and Wastewater Study to the residents and decision makers of the county. We have another half day meeting scheduled for next Monday. We received verbal notification this week the Development Board has given final approval toatthe D tTexaas Water Water/Wastewater Study document. Therefore we have now uthorized the engineering firm to print some 300 copies of that study, which will be available for distribution in two or three weeks. No. 5 Turbine Generator -f We received some bad news this week regarding the main bearings on our No, 5 turbine generator. We are underway with a mini overhaul of the unit and have discovered that the bearings are very rough. This may necessitate taking the turbine to the General Electric shops and rebuilding the shaft and bearings. If we do have to do this, it could be June before we get the unit back on line, but it should not affect our ability to serve our summer peak, We'll keeon this. p you posted Res ectfully, f R. E. Nelson, Executive Director Department of Utilities ~ i gcr I r F I ; I° 5411U;1.3 i r ciry of D<NrON ONNr0N, 79"S 70201 i MEMORANDUM DATE, March 119 1988 T0: LLOYD V. HARRELL, CITY MANAGER l FROM,. R. E. Nelson, Executive Director of Utilities 'i RE, Lewisville Hydroelectric Project. ' Y.1._N..Y..1MYY........ Y M .._....._.Y_....r ......Y.N....1..r.. ICI This is a followup of my earlier verbal report to you on the recent concerns that have developed on the Lewisville Hydro project, As I ; mentioned, Dallas has reactivated a study of the feasibility of running a 108119 15 million gallon per day pipeline from the outlet { of the Lewisville Lake to their Carrollton water plant. The 1 critical issue here is whether Dallas would attempt to claim the rights to the water pressure available at the Lewisville Outlet works, Denton's Washington attorney believes Denton has the right to y this water pressure, However, Dallas has not firmly claimed that 1 and it will be May 1st before they complete their study, DPiton has a deadline of March 27th to have the engineering drawings is,to PERC. Dallas had begun a study of that concept approximately the time we received our FERC license, They subsequently discontinued the study ? and advised me that the concept was not feasible. However, now they have scaled back the size of the pipeline and would plan only to i extend it to their Carrollton plant, rather than all the way to their Baccman Plant and, with these modifications and the concern about water polution in the river between Lewisville and Carrollton, Dallas now believes the concept is feasible. Dallas has a 1953 contract with the Corps which states Dallas may take water at the outlet of Lewisville subject to the "Contracting j Officer" (i.e., the Corps') approval, Dallas supported Denton in obtaining our license and we, at present, have found no documents qualifying that support, such as a statement like..."..subject to Dallas' future utilization of the water pressure, etc. The Corps also approved our tieing on to the outlet works and again, we find no qualifying documentation. Our Washington attorney believes ' that the Corps, by supporting Denton's FERC license and connection to the outlet works, has established that Dallas would not be allowed to take water at the outlet works pipes but rather at a 1 location past where Denton's hydroelectric unit is located. ~ ,i Dallas has asked their engineers to include two possible alternatives to connecting the outlet pipes, These would be: 1, build a larger pipeline that would not require as much ' pressure to force the 150 MGD through the pipe and, 2, build a pumping station at the outlet of Denton's hydroelectric unit, If Dallas does indeed have the rights to the water pressure, the alternatives available to Denton are: 1. Scale down the Lewisville project, This would siecessitate some redesign work, but since f nothing has been constructed, the cost should not be too great, If Dallas utilizes the 150 MGD, it will decrease the annual energy output from 120000,000 KWHs to 40000,000 KWHs which may jeopardize the financial feasibility, 2. Re-design the Lewisville unit for installation in Ray Roberts, Our attorney in Washington advised that we should proceed with the shop drawings and submit thmm to FERC to be certain we retain the license, We are continuing to explore all areas and are working with various attorneys to bring this to an early resolve. Re.;lpectfu1 R. H, Nelson Utilities llirectnr Department ol 3 gcr cc: E, B, Tullos, Director of Electric Utilities Debra Drayovitch, City Attorney file f I i I r i I 5390U WWI 9aeY 1 >:naS+14 a+~ 2 2l4 00 4030 DLS WYR UYL 02 M,y,,,,, II , ' I C~NTRACTDR'8 CQ~' ,1,:. A~ FEES . lyo~ 1 .o I 1 , contract woo AI; 'L4.' %&940 - R,,r ,~AT10~N 8TC„RAO~ AIR !fM VO THIS COMPACT# entered into this da of A. a. 19531 by and between the VlU1'iri JUI !'~9 AM%-I u► ail' `Mir called the Oovernmeent) opted by the Contracti Off cor a"inng this and the 01, Or AUM$ n instrow"ta ltv of the tltatoor Tea e (hor6lufter eallod the city), wiramm RAT, WH E1Mp the 0overmoub is constructing the Oarsawlittle SU Dpe Asserroir on the Mal York of the Tr dty River in Denton ComAys Teauaolhovew matter called t at) pursuant the authority contained in the Rives 00 and Harbor Act a P March L9V (rublio Lax 1144p 79th Ooraosss Lt die t Sion)I am# W109 dp the Aaoxetary of Mar is authorised by the We t Appropriation Ace 1938 approved 19 July 1937 (PubLie Law Q~Congresss let session)$ Nte move from States and p utioel eubdivisdons thereof ~ such funds as may be contributed by them to be expended in conmetion wi$lh E funds appropriated by tohee VVnited States for a* authorised now control work whonover such work &M ncoemMation of the Mid of ZwAreorr as adranttaagom in t ppa~bb%loare 4 o intorest# and the plans for any resorroir pro3eot wy# in the disoretion of the Secretary of Mar oa ro:Am eWation of the Chief of >tsgineeroi be sedi• tied to pebvids makom%. storage oa ty for dom etio water rappll► or other oonservatios storage op condition that the oat of snob iaereasea storage capacity is oontsi4utod by load agencies and that the Local agencies j f agree to utti3ise each additional storage eapaeity in aOmar co"Lotont with federal uses and p"osel Ands provided further that when centributiens made by States and Pelitse4 wNivisdom th ;Q0 are in amts of the actual cost Of the work fed and properly chargeable to snob coutri• buttons nwh excess cont~acM mayo with the approval) of the Secretary of Ware be returned to the proper representatives of the contributing i,ntsr"toyN old$ WMrW# the City by Resolution emoted 98 S Council assured the Meretary of the Arq that it wwe dapw3$48 by the City ohase A0e0M aoroofeot of conserl►atleal storage span is the preppeesod preJeoa by 0e6tri• f buting the inerementall cost of aueh Storage space in the appsWdUts aaoaat t, Of $30%woo 0, and, AM" M M era 44 SO" M:14 I ~ r j 1 ~ 1 , ~I ti 1 i I 1 I 1 1 S 214 870 4938 D63 WTR UTL 03 , tlalre.+♦~ • M 1 1 1 1 1 ♦ ♦ 1 1 1 1 1 1 1 1 1 1 • ♦l 1 1 iNNK.61 WWW the City by liosolution enaoted MAY 131953 by the City 6ounoil assured the Secretary *1 Iraq a wo 000'47 to the Oovemment ali of its rirhtp ti.t1o0 intareet aid estate in and to all of the lands and appurtenances heretofore acquired by the City of Dal1U in connection with the establishooent construction and saintemnae of that part of the City4s water system aener2lr known as Oarsa Dow and the Reservoir lasowh as Lake Da11as in Denton County0 TWA# am and swept a treat of land containing 4,53.37 acres acquired by the City of 04JAm on R'ebrwu7 7 1921, by deed recorded in Book at pale 1,A~ of the need Reoads of Denton County0 Tom; andi WSMASO pursuant to the Resolution heroinabore referred to and suant to the wax Civii Appropuriation dot 19 approved IMOV 1937# (Public Law 7 in t Oor4roos 1st desrien) ~h• contributa4 tondo he amount of $5000000400 to the ~o mmati ands, MUSS heretofore on the 22nd day of October 19$60 the deoretary of the Ar~~ approved the a406pums of contributed funds in the aft"t of $500 000.00 frow the OitrO to be applied u part paw 0 on the oost of prav~dind stage space or the domestic water sapp2n aard0 WOWS heretofore on the 011th day of Novo" L9510 vw mont the war t Oivi1 Apprs riation Act 19)b0 approved 14 ITta► 1931 (hblie Law 29 th ss ' 1st mosal,on) t~• City ooatributed additiond Panda in the arwunt 70+300.00 to the OoYemmntj WAS WFaSW the dAtr desirae to sequin s~h~aoae in the reservoir s in the of 4150000 04NA •et eonsi•tinc 7 000 aor••fat of omhade storage space and U0#000-aor•4e•t of storage space to be a4gdrv4 at the cost of ynvtdtaf owl MW$ WlfSWj on 20 :unw l►1949 the beard of water Engineers tor ~ t~.he State of Tuaw granted a permit to the Oity of Dallas to lmpo*A W,30000 3 acrafat of water in the O m4Attie Ma Rasernoir sad to divert sad appropriate publie watoro therefrom in an mount not to aamosd 41S 000 aoredoot of inter per amrm4 subjeot to the authorisatim of this 44 of Corps of b4naera and sash restrietions0 conditioas0 ad lidtatiens as the said Board mW 4m peesp s wader the Imp rules end raduiatiew of the Board and subject to the rishts of Vior appropriatons NOW0 MOM0 this parties hereto do mtv& r air" as followsa J ~ ' Par er as This City ~ have this right to utilise an Video . 0 or the stage spae• in the pr~go,~•ot between slevatioa 4hoO feet above roan sM 1sw1 and elevation 313.0 fat above man sea Uvd as daamod mo•sury by this City toimp,pmad in the lroj•at and !sake wolf diversions as planted to the Y by the Beard u~ of Water Engineers ter the State of VOW or its su••eseor. t• the Batt nt that suah stersto opine w!]1 pa~•vi~e0 and nub h• rebeatiery ; s br the Ooverrm nt and others of the rominila r mxmN.g $•e per cent of C I . 1 V ~ 1 1 t 1 1 1 , r ~ 1 I ; +b7CN~Y $ 214 V0 4030 OLS WTR UTL 4W1 04 ♦.y. wel+amy 4 41 the storago rpaee for such purposes u the Coverawsnt way dseai adeiubhe• The Government shalt not be responat,blo for diversion by othorss nor will it become a party to VW ooatroversiss between users of the aforesaid storage space. The City shall have the right to use the Water outlet facilities for said diversions from the Project as constructed = Gonrmeat Is accordance with a roved by the City on 16 Atustuot 1950# hereinafter called the outlet faailstiese The design and location of any future City installations and faoiliti" that the City RAy construct for the purpose of eomwoting to the conservation ' storage shall be subseot tto the applrora of the Contracting Officer# and the cost of such iastali'ations or facilities shall be borne by the City* he City of Dallas shall bars the right to We the water below the GarswLittle if thheC ity soe dosirii Sclosed s wad transport the Water#mob lloocations aso ~ ths City mw deairo ter its own uwe r 1 The GovenwrA reserves the right to tale nab measures as my be necessary in the operation of the Project to preserve life andd/or poroperty# • , (a) The City shall without any additional. oenei e~eo~ and sufficient deed of oonveyanes# all of its rights# title interest and estate in and to all of the lauds sad apparta« sancos horeto#ore aoeluirod by the City in connection with the satablishorAl construotion# and Raintenanca of that part of the city's %a-sr system ensrally known as Cam Dom and the Reservoir known as LAks Ullaal in Denton County# Tuw# it being intended that the oonvsyeace shall include the Dag and oil lards and apparteawnoes lying and situate within the Covenant Pra3eet known as GwesawLittle Ila Reservoirs with the exeeptios 14 of a certain tract of land below Gam D w consisting of W3637 acres { aoquired the City Pabroaq 7# 1475# by %ad recorded in Book at Page 02 the 1leate count Records subject to existing is►assn for pub o roads and highways# lie utilities railroads and pipe liass# onepting and reserving to the hoeswr eii gas strwewl# Sande or other ninersls in and under said lard aa~ subject#to a{i outstanding ftnaral leaser and royalty interests if any *Atsoevsr together with j the right of ingress and egress for ks purpose of drill 4 for and prom during oil, as# and other sdnorLIs and for sing and ~V at sand mad ! graven previded that the Contracting Officer shall approve in furtheranes d such snuitatd,on the location of ow structures and/or appartanasess thereto wdeting or to be erected or constructed in connection with such exploitations and providing further that arq erg Wtation within the reservoir area be and is subordinated to Ohs rights of the Vaitsd etatss to flood Me area psraunntly or btuvittontly in eoanetica with the S oopp~~ ties and Raintenasos of the Garsa4'dttts Btu lbsardr Prod"t on ttri 4 ork of the Tritity River in the Triadly Mar >lsaix$ Toms and 3 i s i i { t 1 ~k a 214 690 4010 OLS 11IR UTL r CS r.. + {ppMplj 1 1 1 1 0pwand to aaoh ether terms and conditions ra the Secretary of the AnW shalt prescribe from tints to tine in order to properly nroteot the interest of the united States in ad$soeat Oowr=autrowned lssds and avoid the riola• ~e1Y~ pf the rights which others my have tbsreinr or, OW . 4 vided further ~sot to the saws restriotionsa conditions and limitations reinabo0To set eute'the City shall have the right to locate drilling rigs or adJaMnt Oorornment owned land for the purpose of perferaing direotionat drilling to rooover oil on lands now owed by the ty and which will, be transferred to the Coromentr (b) In the Pft%* the lands end appurteswaes to be conreyed by the City to the Gowrnmant as paavided herein shah no longer be used by the Oovernsuat for the parposes for which oonvayrd# urAyr flood control and allied purpossap the interest in snob undo conveyed by the City to the OovwaoAent shall than revert to and becotso the property of the Cityi and the City "I have the right to ra-enter and take posnasion of the pa~ope and utilize it for such purposes as it ahN' deoirs or it my dispose 0 the 4as~1 as hereinafter provided. Lt the went tare should be a gradual, MU g in thof the e City oorvoir and at such tutee should that portion of the properties ftob Dallas is conveying to the Govenwsat no longer be needed or used for AAA control and alliod prjosesa than and in that went the City and the 80wrriW cant ir.11 negotiate for a rotor of say such p ftm of the lands to the City of Dallase i (a) The torsi of the deed to be used In the ooWWWO from the City to { the Goverment is attaobed hereto in S*Abit NAM and to a part of this oontraote , (d) The City shall has the right to remove at its etrpenae all baildinpa housesi the bridge over the pa+ssent Dan and 8pLl VW, ooettrol tacks and other ishproreaants boated on the said rporty witMa 1e6 doo after notice of raM oval in writing has boon wrvod on the 01,► by the ao' nori+e ]'.n the event the buildings+ hoitNSe the bridge over the present Dash sod spd.11war+ control works and other iaproreranta are not nW*d within the tiff spadaed abovea title thereto sh&= rest in the Oovermnat• Who and it dotomi"d necessary by the dawsruimt, breaahing of the sdtllUM Garsa Dar shall be pertornad by the amraaw% at its costa but such breach of the Dash shai,l root be aooo lashed until the conssrration storage And at", faoilitdes in Garsw Little am opto the eabloo for daliv*W of water without detrirsnt to the 414#0 (a) TM 'City sbvl fUUy porfom its obligatim as set forth in this Artiole 2 within a reasonable tics after date of Maution of this contract j and in any went not later thin such eiaa w the fro$sot bacorea operative for Witt e~ conservation parpoaM as speed aeon by the Contracting Cffiew A aM the city of 9413, (f) in the Brant for art reason the right, titles interest acrd extent of the astata in and to the ]lads that the City w= o00'ay to the Govrrmot shall be questiowda and additiond esdnent domin or odsL prooeadirgs 3 are necessary to be iastitutsd by the Oorsrppante the ~r shalt oooporate is the W%+ofiscution of the peroaMdings and this agreareat shalli without novae oeastituta a stipulation Moiah arty be ftW in the Wooeediko and be final 4 3 c, 1 1 1 1 1 1 1 V f' 51 a ~ I e.'CMn °aY' lafRt.M E 214 670 4030 065 WTR U% 06 1, i and conclusive evidence that the awslyd for the taking of such interest in said lands shall be one dollar and the beastits to the City provided in this contract. In the went this agreement is tiled in such pramdindss it AM constitute an appearaaoe and wriver of all righ tts to service of sumns or other process and the right to the appointment of ConnLesioners or a jury to fix an awand, All such proosediags ahall be vithout cost to the City of Dallas• (g) The 41by s!u►ll furtdsh► with the delivery of the deed to said 2aadss 1 all abstracts of. itlsi certificates of title$ aratiw instrunents# deeds judgments and other irdiota of title obtained by the nit at the ties of the # acquisition of slid lands by the City# all of which shah be returned to the City by the Oovermeent upon app wal of the title and the convgea ob thereof contutplated herein by the Attorney Oowrsl, of the United 8tatess the Mar Advoaate General of the Arsy or other authorised officials lire t • be under no obligation to brim the abstracts of title up to dates U the ssrw will be fwrtdshed as of the Use the Oily aequired the propertyo such storage • The City grses that the utilisation of pave no conflict with the uss of the Project by the r OaveMAOt for !hood oontrbl and allied puVposes• 92UNON of PW The rrgulaita o~uw o Water • 4 ore Storage "*a ~ wt be ocnsidered a part of this contraot• The 0it sha:u hive the right at ingrese and egress for the p wpew of wahd,ng fu use of the rights prow vidsd hersins inoludiag the right to protect its water supply'. MM OO ~OQ~. For and in consideration of the tollowiags (1) The contributions by the City of the nest of ding that R rt+ of the storage spas to be utilised by the Oily as in ArUohe 1 y inn e:ceess of the storage oapaeity in Labs Dallas receipt di W16000 " par/ f of the oontribution on said cost being hereby ao?t►oM,edged$ Ards i (2) The aontribation by thw City of that part at the oil of 3 oonstruoting mid outlet faoilitdrs ihiah'represents a bettskmt to the city's ads" sdadhr type tsoilitia at Lake Daum) ands (3) '.tlw oontribution by the Oily at the cost of operation W mnaintMAWO of the said storagespaa sad outlet tacilitiw set forth in Article to u de izod under Article 6• v (b) Thw coursyanas by the City to the O ywrAwat of all its rights title and interest to all lands and appurteaaoes anodrod in cone motion with the erbeblithuntr constructun and wintown s of tMat paft of the Chyme voter systole generally Iftya N 0* Dallis in Denton QountOrs Texup subjeat to the re"rrations set forth .Artsels Sp , i i N1tVIN v:..'hlt nA.~ S 214 670 4639 DLS UTR UTL 07 r" ' r 1 I THS OOMNMENT chaff provide the City the storage space ar! k outlet t, facilities as set forth in Article 19 (a) In accordance with the provisions of Article 5 of a con ~aoe ity shall contribute the folloWibg RUN to the 00"M- mrntt (1) 82#643 o65i50 which is the remaining satinted balance of the cost of providing that portion of the storage "as to be utilised by the City as stated in Artiole 1# in excess of Via storage capacity in Lake Dallas ins oluding the additional coot of construating said outlet facilities suitable to the City's present needs which sunol shall be oontributed;in the following inetahUnentel ' $1#23),000.00 on or baton 30 June 103 #000#00 on or before 1 December 61 00000.00 an or before 1 Me 195 f f and 110 065A upon dete"dnaticn of fL1141 preO4e0t 001Elo It is fW%her rovid;A that the 01* shall have the Lion ysyirwg ii Gi)O000s00 is mw ~asbaLisrsoat on or before 1 Pebru m 1954 in lieu of the Xrs= iastallwwasts r due on or baton 1 Dooember 1953 and 1 March 1954• in the event of default in the contribution of any one of the aforementioned instaiLsnts# the City Moll ~ pay interest on such overdw inataLlaiewstr at the rate of three percent 3$) per annual thsrsonf end such interest shall be charged !rata the date such inetall:ees►t is due uatilr paid. j (2) 2100 of the annual actual experienced cost of operation and mains venanoe of the Project which includes the entire operation arA maintenwa { oost of the said outlet facilities and excludes operation and maintenance cost for lend m#TUaemsnt sad public utillsatione An advance payewnt in the amowrt of 112#57'5.00 shall be wads on the tirst day (October 1) of the water year that the Pro6sot will beta" operatiw !er tester aonserration pasrposos thereafter an an anthe t equal totho Officer and, said amrA actuCity of al o ape massi cost eAt oopiration I grid maintenance for the prscsding povenment flood year shall be paid in advmoe I on the lot day of October for each suooeoding year durim the contract period. The advanas oeymont for the second yywearr shah, be increased or de recce in an amount to reflect the difference bettaen the l itial ppsaymot of 12#575.00 E, -wa. for the first year and 21ot% of the annual aotua emerienoed cost of o;,o;etion and maintenance for the first year or portion thand as "t. forth abovao It is further provided that additional contributicns shall be made by the City for ma►intsnswo cost not armwlly recurring# at the saw rate of , 21. of actual cost. %tems of operation and maintenance ouich form basis of computation and uhioh itla, be used its future computation of operation and mintenance charts art included as %ftbit sb"o . The extent o. ooppeeration and wsintenanee of the P>,oseet shall, be determined by the ContraotiAl Offioelr and all records and ae0e be addition by the Contraoting'Offioes~e 16 the O"M the Oity ohWA operation and maintenance for the oonser"tion storage over sad above that t E y 218 b7J J OLS WTR UYL 0A 1 ' ' , W4l?ri1 I~ I r ' I I' 1 1 r 1 I 1 r r M datermined b the Contracting Officer and over and above that which forced 1 the basis for deterrdnatrion of the above percentages so Not, Out in E' bit a which includes the entire operation and rfaiiat'6n nos of the outlet faoilitiMa ,,,he City shall bear the entire coat of such additional expaare• (,l) 27% of the wasor replacement coats on the outlet structure when incurred. (h) 47.60 of the total, eedinentation resurvey Costs when inourred• (5} In the sy t of dotault in the payment of the casts contained in Artiioele 6 (a) (2) (3J am (u)a the Citdr shall, pay Interest on such overdue til, paid. interest shell be charged from ttheedate such pgrnnts are dwi unand suoh (b) In the event the totual coat at oonstruction to provide storage IF "a to be util isad by the Oiltr as stated in Article 1 lit access of the storage oapaoity in bake nallast including the said adddtional oat of oon» truoti said out%6% laoilitiea set out horein "oseds he satiated cost of r ~h4l0+06540 the aforesaid unpaid estiasated balance of 90 065,*50 shall be increased %a reflect the said actual first cost of oonstruerun as detereaine4 by the Contract~ Officers It such 40*4 cost is leas than, the estimated cost of ~JaLlOi06 @500 the atfratid oatin►tod balanoe of K0000#50 shaU be deoreaeed to refloat the actual tint Boat of construction as dateresined by the Contraoting Officers AMIMAN An AV . (a) fto oontraot shall becom effectr ive SwX3t ►e dates o 0 verment ooelsraaoes operstiLm at the Prbyeat ` or the data on which the City first reosives water trek the Prewota whichever ' occue the later acrd sball oontiruts in full force and afoot thereafter' durinr the useful We of the ProJeect• ~h MAY shall have the full use and benefit of the said storage space during (b) It is the underataAlag of the parties hereto that the Goverment does not hereby obligate Malt to oontinue operation of the Project for 1► period in excess of 50 yowl or beyond the useful lift of the Prossot !or k flood control and &=ad pwposeoa fteha sr first occurs. It is the expectation of the parties- a hewvora that the Proyeot fr,1► have a uselvcl 1Sfe for such purposes in amess of 50 roari it and it is understood and agreed .that the bovemmont fay aentiaw operation the Pro sot for any additional tares beyond malt time subsoat to toad haation at the worms ttss olootdone in a" events should W 0ovearnrearst aban don or disoontiaue the 4 - Project u no longer usatdi for oeatrei and aLtiiod peseta or for ha]3 beeoate elfaot» wW other causes ths.reverden provided for in Arbiols 2 e right ed' ive at that UAij ands M betwson the ao"numb and the Oily trA the latUM is hereby r thmdter to utilifse the storage spars to f' the lull extent provided for ift this contrast for the ptu'pom !or ridah the City hereunder is o"toribatLat its money Without further obligation ea the part of the 0overnfront• 1 1 i 4 { I ; i I • I r K No N1 rrnea E 214 670 4030 0Li OR UTL 09 ucalrs 0 • AA } }1,A,Ilt Thy Government shall operate and Maintain the Frojoat own by the o"riMnt• The City shall be rerponsibie for the operation and m►intenance of all features and appurtenanoer to be r vided and owned the City for withdrawal of water from the reservoir. " city shall have the right to make withdrawals of water for its prpossor as needed in sooordanos with Artiole 1• In the went the Govarmon Could temporarily euspeni maintananoe and operation of the Project due to look of appropriated funds than and in that event the City rhali be privileged and 1 shall have the right to enter, upon the premisee and operate the same for its own use and benefit in supplying itself with water to the extent provided in this oontraot• • d • ft City shall.' hold and save the Govorn+ unto i1 r oers$ apntse wand er*],oyewi harmless frog liability of uq nature or kind for or on aooount of ollaia for damages which my be filed or asserted N a rewlt of withdrawal of Mater from the PAservoisr by the Cit s or as a result of the oonstrnetioa operations or Wntoomwe ' of the features or appurtewsnaes owned Operated, or added the City. Howw ors it is agreed and understood gnat it it sot the intention of the ( foregoing to impoe liability upon the City for clad that may be assented by the Governsrnt eonoasieoa0e4 AA • 3 . 'she City shall not transfer or aesus-tM a Awl y r ~ao~trid thereuatier nor subsilot said oonsarvation Ac rage space or any part thereofs nor g~ am interest priTnege or license whatsoever in ocuneotion with this agrieas Aj wit{feu4 permission in writing fm the 8eoretary Of the Atwprl pe*vided that to restriction shall, not be construed to apply to any 'star which I" be obtained from the owservation ~e by, a City and furnir?ad us third party or parties Nov say of allooatien thereas Ctrs W. EN , NO masber of or delegate to Congress or reridsn e es ones @MU be admitted to art share or of this oontraot$ or to &W benerid, that say -sse therefromt but this provisition~ its geaeconot. benefit, extend wtthis odsttraot it U40 with a l 1 I MMAW" MVP f 22 964 }fig. The city warrants that ne person or 0 NOW as eon 4"loy" or retained to solicit or aacure this caatrao upon as agreewt or understanding for a commissions peroantages brokerages or eentingent fee excepting bons fide ample s or bona fide established oommtroial or sea 4 agenoiss raiutwined 1rj the ages for the pun"" of securing business• rev breach or Violation of this } warranty the Gevernm u4 shall haw the right to anm►l this co*tract without ^ liability or in its disoretiod to add to he caatraot prise or oonsiftr6tion the full smut of saoh oosnissions parcenbages bro}arage, or contingent i s: i 8 , i r• Aa N A 1i tl4 MpMN SC 214 670 4030 DLS WTR UTL to • . X'roept as otherwise provided in this contracts Any aqquutie oonoe ng a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Oontraoting Offioeri who shall, reduce his decision to wriUr4 and pail or otherwise furnish a copy' thereof to the Oitq. W%ft s 90 days from the data of reoeipb of eaah copy the City may appeal by mailing or otherwise furnishi to the Oontraatir4 Officer a written appeal addressed to the eeorstary of the Arsys and the decision of the Secretary of the Array or his duly authorised representative for the hearing of such appeals shat s unless determined by a Court of ooeq»tent jurisdiction to have been fraudulents arbitrar~►0 oapricioass or so grossly erroneous as nsoessarily to LxpIr bad faiths 6s final and aonolusive= dad that it ao suoh appeal, is UMas the decision of the Contras Officer sLil be final and conolussve• xn oonnooticn with any appppse prooseding under this olausss the Oity'shall be afforded an o portunsty to be he aid to offer evidence in support of its appeal. Pending find doaision of a dispute herewmkrs the City shall prooee diligently with the perforwnee of the oontraot and in scoordanos with the OontractiAg Officals decision. This contract shallb e sab$et to , o Oscm of the repperesentativess a1and► shalh snot bias ipg untilsappor his ddy roved# a+►thorised ftO of the W-iF NJ O (a) The u used hersi inn shall has o'GOOMAST ne AM the same meaning and the terns "his duly authoriaad raprseentativee shall, ~theChief ~erse Deoartmant of the Angro or U indiKdual or (b) Wopt for the orSIinat s~gadA* of this eoatraot and except as other wd h stated hereins the terms 4 ntracting bffieW u need heroin shall include ble dins appointed suooessor or his authassed reprssentatiVes • . This contract is aubhoriaed by and j ad " got~i~r t wu The Mwr and Act' EMIRIth 1 tub hie Lw fth rs 1s0 /ss sad w'begat Civil Appropriation A 3 s*pv+sved l Jall► 207 ~ LW 00W Mot 1st oerrl4n)• i t 04 ' I ' S . i 1 S 214 670 4033 OLS VTR UTl j~ e n•r , . II ' y • • ,Igln. IN WITS r OMW bhp parbia hoeto barn moiA W ahio a moftab N of %ha day am ywr t"iM 4bow tints. aTAT!'d t TWO WITMM e ' I i 01 AM ffAk4, of, S. K4" cow" "W ~ 0~'x Oh ' ~A1S~~ T]E~A!! ~ I r AMNs , UIV j + Cori o Qlv • AltXM A8 X YON4 H14+"C.+and.+'t~ / 1 r 1 , . r ~~~tYMMMppp1lN~~p MA ■ JIWflMi( QIrY of ORNrON, rxXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 Oscember 90 1987 Federal Energy Regulatory Commission 730 Peachtree Street, NE V~J Atianta, Georgia 30308 ATTNs Mr. Aerne D, Kouranen, Regional Director 1 `t Gentlemeno In response to your September 4, 1987, letter, the City encloses a revised project schedule. This schedule identifies the timing of verlous design consultations to be ' conducted by the City and Its Engineer, Black and Veatch, with your office and the UsS. Army Corps of Engineers. Denton awarded the contract for the turbine generator to Dominion Bridge-Sulzer on December % 1987s This schedule demonstrates that the City will comply with the Meroh 241 1989, start of construction deadline by initiating fabrication of the turbine-generator by Dominion Bridge-Sulzer by that date. 9'noe the turbine-ggenerator fabrication does not Involve activities covered by the QA Plan, the QA Plan will be submitted to your office prior to the start of field oonstruction activities. ! Please contact David Guym of Block and Veatch at (913) 339.2424 if you have any questions about this achedule. Reepa~rully,~ R. Ea Nelson, P.E. Executive Director of Utilities ~I col Black & VestoN Consulting Engineers Lloyd Harrell, City Manager Ernie Tullos, Dlreotor of Electric Services f Ile of g2000il ry it Denton, Tens lewlsville hydro Plum Project Scbedala 1998 1968 Moy Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Mov OR Jane fob Mar Apr Nay Jun /J M„Yi••.~.,.~M,Y~.IM`•M.~••.•FNY'•Y,+•..•',N'YN,',Y,~MY+MNy, M+M,,,M+•MNN 1 W-kthorlte Final Up O••), Oen•Award 1-6 ase) 3 oeA-BidlAward Sen. Conetr, I 4 my-proj Design "too I 5 SW-701 0109A Coeplete I d SWIM Reston 0osplets I >•-•)J 7 I0-1001 Spit/hp Ceeplete I 8 Cot-Initial Desg Rev Rio I , 9 COE-701 Deng Review I 10 CK-701 Spec/on AMIN I 11 COE•1004 Also key oil I 12 cot 100% SpeclDwg Review I 13 FRC•1001 Spac1bg/0C Rev 1 14 FRC•Revim Coffprdaas I ,•.Y. 15 ft18.1Att)61 Consult I 16 FM8-Rev Hatchery Interlace I 17 W,Asylew Bite Layout I 11 118.Outlime his Csglete 1 )Rex) 19 o18•INch Interface Coepl 1 )se■) 20 018-44ip pope Coeplete 1 )88411) 21 M-Flbr Eeeedded Pate I )wo$eggs sa11a11uee1111111111nusoon me"bousesspn) 21 Opt-Mlrlsg Dogs Caeplats I )+8esnsy 23 691-FAr Turbine-Sew 1 )80me"IsIns INseese11auuaseuun11Islas eIllinois) 24 110-Fabr Panels I ysrBonin ussnusn*n*11enn+eggs +nnsnen+8) 25 OCC-1101 tits I 26 KNOW Powrbowee I y,...........N.... NN..y, 27 8CC-!AI'tall T•4 Esbede I Nees) I 2811*14stall 1-8 1 291CC-Instill ElectlPaASle I I 30 BCC-Unlt Cosplstlon I , ysss+l r G E i F 1 i ntlLNA hfR{! AWgy ~NPi-A11 ~w;d' 9 1 I [-p lKV DUPLIC •IL." wry of zwNroN ollNroN, rNXAS 76401 MEMORANDUM I T0: NILE - LEWISVILI.E HYDROELECTRIC FROM: R, A. Nelson, Executive Director of Utilities dor DATF: June 31 1987 RE: Telephone Call with Bill Madden, Washington, D.C. (202) 857.9815 j -.•--r-.-rr-r•..-rr-.----..---------rwr--r----.r---rr---.-r.r--rr---r-w f o Throe Possibilities 1 transfer license 2 co-license 3 lesson/lease with Denton owning o Co-license seems most appropriate. o Bill Madden to draft agreement clause covering co-license, reversion back to Denton in future, TMPA ownership/Denton lease provisions as relating to co-license. To get to Denton by June 12, 1987, o Gave Bill telephone number and names of Debra Drayyovitch, Jim Daily and Elbert M. He will call as appropriate for Input prior to drafting, I t o Tentatively set Tuesday, June 16, 1987, for Bill to come to Denton or Dallas for meeting with Denton, TMPA and Elbert M. o Bill advised that co-license request to FERC should be made 160n1987ay take 6 to 8 we ks to get, will discuss on June r No son, Executive rector Department of Utilities kkn cc: { e ra rayovi cc ,M Mt-y- 7 1 t oo'rney Ernie Tullos, Director of Electric Utilities r 4873U:22