HomeMy WebLinkAbout06-26-1990
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~.X F~nccc'ENCE MANUAL
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Dientipn Muniolpal Utlites, Util" Adm. DWj Dtty
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TABLE OF CONTENTS
Tab II
Outline of PresentAtion
Graph of Denton Water Treatment
Capacity 2
UTRWD Overview 3
Council Actions to Date 4
UTRWD By Laws g
UTRWD'Board Members g
UTRWD 1991 Budgat 7
UTRWD Agreameht for CONTMCZ, Membership
parGicipaiing M embe 'Gahtracts g. '
U'ftW Regional Wamt6wstier
Treatment service partioipating Member
Contract (Denton systoir Project) ,
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-city of Denton/UTRWD rnt$zim WW'Trmt
services Contract
tittle RIM Erojoct 10
Application tc Tx. Wtr. Dev. Erd.`
$510,000
~J Water. Xs>ti 16montation plan 12 ,
Cooper Rereivbir Water' 12
Rnriolution
Council Agenda Ynfotmati,on
Water sale contract- Commerce/MWD "
F'UtUYri SVgter stiippy,y AlternAt~,vep, 13,
Dent6h''L ng Range Water Supply StuQy
1y411148 Long Rangy wat5r supply study' I
199.0
tMRWD Legislation 14 :i
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HISTORY OF REGIONAL SYSTEM ,
(Continued)
o Spring 1988
-Study Outlined General Concepts, Plans and
Reoommendations Regarding a Regional District
o Summer 1988
-Developed a Citizens Task Force to Present Concept
to the Region
o Summer 1988
-Denton and Lewisville created the "Upper Trinity
Municipal Water Authority"
0 Steering Committee continues to serve guiding role
-8 additional members Joined Steering Committee
0 Fall 1988
EE~ -Legislation developed and approved by Area Cities
c Spring 1989
-Legislation Adopted
q`
o June 1989
-Upper Trinity Regional Water District Formed
i Upper Trinity Municipal Water Authority dissolved
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fs .r'4p;i.•y
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f PURPOSE OF
UPPER TRINITY REGIONAL WATER DISTRICT
c'.
r{; d COUNTY 'TIDE REGIONAL WATER PLANNING
t 0 DEVELOP LONG RANGE RAW WATER SUVVLIES
0 ASSIST IN SECURING RETURN FLOW WATER RIGHTS FOR
{ DENTON COUl7TY ENTITIES
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0 PROVIDE WATER TREATMENT & PIPELINE SYSTEMS
0 PROVIDE WASTEWATER TREATMENT & PIPELINE SYSTEMS
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1I /p 0 REOIOIIAL SOLID WASTE FACILIT'Y'
3
0 REGIONAL HAZARDOUS/LIQUID WASTE FACILITY
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Li d;
STORM WATER FACILITIESt CONTROLo MONITORING
P o SERVICES AVAILABLE ONLY IF CITY REQUEST
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+ 0 PARTICIPATION IN UTRWD IS VOLUNTARY
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is TYPE OF MEMBERSHIP WITH UTRWD
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~yY 1 o CONTRACT MEMBERSHIP
-Two Year Eligibility, June 1989 to June 1991
{1 -Provides Membership an Board
h
-Provides Option to June 1999 to Become a
Participating Members
~ j
I a PARTICIPATING MEMBER
-For Entities Participating in Projects
-Pravidaa Membership an Board r`
k -For Entities Participating in Special Facility
Bonds
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BOARD AND VOTING
UPPER TRINITY REGIONAL WATER DISTRICT
o BOARD MEMBERS
} zt, Eight (8) Carried Over from Upper Trinity Municipal
Water Authority
` One (1) Board Member
per Each Contrast Member
One (1) Board Member per Bach Participating Member
( r~' Four (4) Year Terms
1
Appointed by city Council (or Water District Board)
1 One (1) County at Large Member with -o ti
f Additional if Board Requests p on for One
! f o VOTING CONTROL
One (1) Vote per Member on General issues
- Weighted Vote on Projects
µ f
- Cities with Populations over 50,000 Have One 1
$ Additional Vote ( )
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FUNDTNQ, BUDGETS & FEES
s o FUNDING v
-Projects
-Capital Funds from Bond Sales
-Texas Water Development Board, or
-Commercial Revenue pond Markets
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J -Annual Project Debt Service & O&M paid by User
of Project
Planning & General Administration Aotiviti,ei,,
` -From Annual Fees Paid by Members
County Contributions
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o ANNUAL FEE
1
3 y $250/tlltity
500/capita - First 5,OOO Population
f 45t/capita - Next 25,004
13¢/capita over 25,000
Maximum of 500/capita
{
0 SUDOZT 1991
1 - ;191,555 Total;
• $115,972 For Pl,aunint & Administration
$75,583 For Projects
17,383 Denton's share
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UTRWD MAJOR ACTIVITIES
F,
0 LITTLE ELM 200000 GALLONS PER DAY
Wastewater Treatment Plant
Contract With Little Elm
A fi Engineering Contract With Es ej, P Huston
f i, Application to Tx. Water Development Hoard
If r~ $50,000
o DENTON'S WATER PLANT PROJECT
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r - Participation tinYPlant
1 water Transmission Lines
Participation Contracts
0 SULPHUR RIVER WATER
Contract with City of Commerce
Communications with City aL Irving
Resolutions frOM Supportirng Members
{ 0 ARGYLE WASTEWATER CONTRACT
Interim Contract with Denton
' o
"ND WATER STUDY COMMITTEE
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UTRWD WATER SERVICE PLANS
o Serving Ten Entities
Sanger Pilot Point
, , Mustang WSC Aubrey
1 Krugerville Krum
Lake Cities MUA Argyle
5 Eartonville WSC Highland village
` o Participate in Denton's 10 MOD Ray Roberts Plant
(1993) 4.9 MOD
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Interim Purchase of Excess Treatment Capacity from
Denton until 1596/1997
is o Build/Participate with Lewisville in South Plant
(1996/97)
0 participate in Denton's Water Line to Denton and in
Denton's "ooster station
o Build "Pipelines" (Table E-1)
20" (plant to Pilot point)
12" (Pilot Point to Aubrey/Krugerville)
20" (Plant to Sanger)
r 811 (Denton to Krum)
t1 30" (Denton (IH-35 & Loop 298) to Highland Village)
20" (Old Alton to Lake Dallas)
M a Total cost- $24,68 Million
s o Apply for $10 Million Texas Water Development Bond
Funds
o Coat of Water- $7„73/1000 gallonn
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UTRWD PARTICIPATION
DENTON'S WATERIPLANT/PIPELINES
I Moil 1.2
MA TRINITY U91ML NATIA OISTIUCY
1 , WTCA Ilril?IMrAYIOM VI AM r 3!N►l00rg STWV
COST $WIJ{M W1 WCIT op OUMN
rra}eet 1NS
CaPeeltY 6e 1~ietN Eatleyted 1Ref0 City of onto
} Co,e cat, (A} (A}
y~ lake FAY M6Arta tnaki' ToMGD 11,01
-,1 t l.a IO;ti shalt
Like MY Roberts wry it4,tt} (>•e,ee)
10 MAO e, 1.l1 1, t;l1 I
Like by Roberts err sta 5o;aao (40) (Sit)
36-1"d PlPeihq Like May Roberts to (414J (611)
~4s VT/ to oeeta Jill x;01 lAI : 4t
Li
aswet (10) (814)
} N•fneA ItgilM ,
OtO O;tl 410 0;11
(40)
Nertley Field RNd pater (e11)
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Miles Io1110.. t,W l,iN Q,SY
~1ls,if) (w:~)
1natWle tot tntlugrteo~ Sewq~tMt~ resttnr, mod Iee0eetion,
snftatlne l w fa is 0604 (I11 ditto for lets lM1),'
't0(' toot eflatat ~ .
OW ftt beet YtlRN to Oee4M "4141141 Cleotria lltlll eterelo take, ""T)etN{
oea net tnelod Hole 01111M for rw water fullltlH; 604 to Like eay Roberti M6 Ca►etwetlon
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DENTON/UTRWD PARTNERSHIP/PARTICIPATION
IN
PIPELINES AND BOOSTER STATION
a
o Denton to Own at Least 51% of Lines
t= o UTRWD to Own up to 49% of Lines
x ' o UTRWD Needs May be Less than 49%
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o Denton Enter Participation Agreement with UTRWD for
Capacity Represented by Difference Between UTRWD's
f
Needs and 49% Ownership
o UTRWD Then Allocates $1 Million of Texas Water
Development Board Funds for Demon's Benefit
o Denton Becomes Participating Member of UTRWD
o Lines. Include
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4 t`i Raw Water Line (Lake to Plant) $110 M
c 361' Line (Plant to Denton) $2.0 M
30" Line (1-•35/Loop 298 to old $1.4 M
Alton)
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U`PRWD PARTICIPATION IN DENTON'S WATER TREATMEN'P PLANT
{
}o Dentoh's Water Treatment Rsc~uiremsnts
2015 Graph
v 1990 TO
plant phases & Participation
o R. Roberts
4 Y R size _ Da0n_ iJTRWD
? 4,9 MGPD
C ti 1993 10 MOD 5{1
} 2 'S 2.4 MGPD
{ 2002 5
7.4 MGPD
{ 2008 15 7,6
3U 14,'1 MOPD
15,3
4 Interim Bales Contract To UTRWA of Excess
o
f
capacity
{ ~ Up to 403 MGb from 1993 to 1996/97
-Rate eased on pro Rata Share Oft
975,000/MGD
of New Plant 0
yg Rol
' operation & Maint
ip _ chemical costs I
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DENTON'S FUTURE RAW WATER REQUIREMENTS/SUPPLIES
o Existing Supplies
c - Lewisville- 4.6 MGb
Ray Roberts- 1918 MGD
Total 24,4 MGD
~4y 0 Requirements for Drought Conditions
r
200 Gal, per person per day
0 supply Sufficient For 122,250 People
- To 2013 with 2,58 per year growth
To 2002 with 5,08 per year growth
Denton's Growth 1980-1990 was 3,58
' 0 Alternatives
F Buy from Dallas ~
- 1Yprice. may get high
f Their piping pumping costs to increase
f-They have supplies to 2030+ 1
t is
!a Sulpher River Basin f
r Commerce water is relatively low cost
-Heed to participate with others j
-Will be legal battles
3 Puturo developments/participation certain
d
meKOma
Quality is bad
-Dallas will resist or prohibit
S -water is very low cost -
,J Re-use
-.Least cost
-will be legal battles
4 -public may not accept concept E
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iy COOPER RESERVOIR WATER
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_ o Owned By- North Tex MWD 39,3 MGD
s -Irving 39,3
Y -Sulphur River MWD
28-0
-Commerce 11 .7
-Sulphur Springs 13 2
-Cooper 311
o UTRWD & Commerce Have Signed Agreement
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' -Commerce to bell UTRWD 11.7 MGD for 50
j Yrs,
o UT'RWD's EST, 191 Budget ;
-payment to Commerce
-payment to Corps $so,oo0
-Legal Ffeea 63e241
Ongineerinq Peasihility study 8t; 759
I D, 000 i
o UTRWD's Anticipated Source of Funds
-Denton 331/38 - 83,325 j
-Lewisville
33.1/38 - 53325
-'Highland Village 16-1/b%
-DPWD 01 - 41,663 ;
161/68 - 41663
o Future Guranteed Share of Water r
-Denton 2 MOD
-Lewisville 2 MUD
-Highland Village 1 MOD l
-DPWD 01 1 MOD
UTRWD
5.% MGD
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j ADVANTAGES/DISADVANTAGES OF COOPER RESERVTOR WATER
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i o Water Is Relatively Low Cost
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I + 0 Will Provide Water For 10x000 People
o Will Give Denton opportunity to Develope A
Presence in Other Regional Water Sources
I 0 Will Be Legal Battles
( f -NTMWD Would Like to Retain Water
f Other SUlphur River Cities May Want Water
-Tex, Wtr, Commission Must, Authorize Trahsfer
o -If Denton Does Not Participate Other Denton Co.
Cities Will Assume Denton's share
o If Successful, 1TRWD Will Reimburse $420000
o if Unsuccessful Denton Will Not xoooup $83,3.25
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RPM
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MILLION GALLONS PER DAY
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_ ,1,903 r,
U _ --------1993
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I G lip 10071 q..
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2008
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UPPER,rRINITY Regional Water District
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OVERVIEW
UPPER TRINITY REGIONAL WATER DISTRICT
A Strategy for Regional Cooperation
JUNE 14, 1990
i
I In 198§, twenty five local entities from the Dohton County
area develoued a master lan and a set of stra te are
foritthe futre water and pwastewater needs of the ciiti es to prep
cites, towns and utilities with assistance from Count an The
d Ste
3 government banded together to develop a cooperative plan~ba
those p:remises+
sedaon
(1) Regional cooperation can produce efficienclee not
available if each community develops an independent -strategy for
} water and wastewater service, i
(2) To comply with water,
wastewater and solid waste
I regulations being implemented by state and federal regulatory
agencies, communities must ;loin together to develop systems w th
economy of scale
e (3) A cohviction that an abundant water supply and an
qu?~Ily adequate wastewater system are npoessary to sustain
t quality growth and to protect the environment in Denton Count
y
Since the 1986 Weter -and s at btu -W
e
la{L><~r a e4x 2 10 was developed, the number of participating
entl tlas had. inareaaed to 32. The following "entities are
participating on a Stedring Committee to oversee implementation
of the plane
Argyle WaC City of prieco
City of Arggyle City of Highland Village
City of Aubrn
;Bartonville Wk City of Jt~pt eujo n
Town of Bar onville City of K~iagerville
8ladkroak'WfIC city of Krum
City of Catio)lton Lake o?tfbs MUA
city of Cbl"na City of Lewi sVI
vi l l e
dawn of Co er Canyon Town of Little Elm
City of Corinth tan WSC
'own o Northldke
Dallas Water Utilities perare Water Coo
Denton County City of Pilot Point
City of Denton
Denton Town of ponder
n Co
Town of bauble Oak -Town of Prosper
Town of Flower Mound City of Sanger
City of The Colony
I
Li-Et:rr'--,
UPPER TRINITY Regional Water District
Th(l Steering Committee developed legislation to create a ~ uti ongaovol(Antarytbasig~rov he Tewhol xaseLegislaturoeenacteanHB 31ities
June, 1989, and the Upper Trinity Regional Water District2was 1 In
I former!, The new District can provide water, wastewater and solid
waste services to members whose boundaries lie wholly or
partially in Denton County,
The. legislation provides that entities may elect to Join the
+ District, as Participating Members, as Contract Members or all
~I CustoAaers, A Participating Member is a
contracts with the District for a gpecificvservive~l entity that f Meihber inn a governmental entity that contracts for an Aoptonato
I rtteive services in the ;suture, A Customer is a nonce
I entity that contracts for a specific service. Theglegislation
( specified a 2•-year; organizational eriod each ontity an opportunity to Join, Current nmgembershiplac
includes; ty
to ive
tivity
rt c i `dt i n~,bera ; Exe d Cop ct
w., 1. Town of Little Elm
f >~rticinntinc____ M rg~ Contracts e M
I' 1, City of Argyle
2, - City of Aubrey
3, City of Renton
4, City of Highland Village
5r City of Krum
6, City of krugerville
7Lake Cities Municipal. Utility Authority
S, City of Pilot point
9, City of Sanger f
10, City of Corinth
1 Custoaser .^^traats Aetna Nec~et~ ~
1. 184 tonville Water Supply Corporation
2• Mustang Water Suply Corporation
3, Argyle Water SuppFy Corporation
1, City of Celina
2, City of Highland Village
3, City of Justin
4r city of Pilot Point
5, Town of Ponder
~ r2Y
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A e4-,9AV.~~
UPPER TRINIbry Regional Water District
f
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The remaining members of the Sheering committee have
membership contracts under consideration for prior to June, 1991, a final decision
j The District is a conservation and reclamation district
= created pursuant to Article XVT, Section 59 of the Constitution
of, the State of Texas, The District is a subdivision of the
f State but has no taxation powers,
/ revenues for services rendered to membe~rspandtcustomersYely from
I The Dibtrict is governed by a Board of Directors, Initial
members of the Board were designated in the Act and will serve
for the 2-Year period, Permanent members of the Board will be
appointed by the governing body of each Contract Member and each
Participating Membee, Each Contract Member and each
I ParticipatingyMember, is entitled to aoint one Board, The l.ounty acting through its Commissioners Court,tsha11
appoint one miftber to the Board, To secure the right to appoint
f a member to tho Board, an entity must become a Member within
f
years of the tffective date of the Act (June 16, 1989), After
that date, membership may or may, not be opened by 'the Board, and
if authorized, may be on different terms from Charter Members,
! Current projects of the District includes
i (1) Development of A regional water supply system with
the City of Denton,
(2) Explore acquisition of raw water supply for the
future, i
+
' (3) Construct an interim regional` Wastewater Treatment
Plant serving the Town of Little E1m,
(4) Implement wastewater service for City of Argyle in
cooperation with City of Denton, +
(5) Consideration of Joint program for solid waste)
(6) Development 'of contracts for District membership, ±
(7) Development of a regional program for water
conservation,
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(g) A Joint elevated water tank with the City of Highland
village, !
In the near future,
the District expects to initiate n ~
regional wastewater pro.iegt, Beyond that, the program of the,
Distriat will be limited only by the vision and needs of Its
` :members,
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Adopted by SoaLrd of btrectors
June 22, 1989
BYLAWS Page 1 of 6
OF
UPPER TRINITY REGIONAL WATER DISTRICT
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ARTICLE T
POWERS AND PURPOSES
Section 1,1. The Art, The District shall have and
exercise all of the powers and purposes ascribed to it in H,B,
i 3112, as passed and enacted by the 1989 Texas Legislature and
signed by the Governor on June 161 1989 (to become effective on
June 16, 1989), as the Same may hereafter be amended, (the
"Act"), Capitalized terms used but not defined herein have the
meanings set Furth in the Act.
Section 1,2, $Qoks and Re o d~~ _Review of 9~nanai•.t
Statements, Tha District shall keep correct and complete books
E and records of account and shall also keep minutes of the
proceedings of its Board of Directors and committees having any
i of the authority of the Hoard of Directors. All books and
records of the District may, be inspected by any director or his
or her ;agent or attorney for any proper purpose at any
1 reasonable time; and at all times the Contract Members and the
rsrticipants. will have access to the books, records 'and
financial' statements of the District.
Section 1 .3, state F na.ions, Staff functions for the f
District may be performed by an executive director, a general
manager, staff director or administration retained by the Board
or by such others as the Board shall direct,
ARTICLE 11
JOARD OF DIRECTORS
Section 2,14
anointment Po ry Number ax~rerm a
ithe qualification; appointment, number and term of
office of the Board of Directors shall be as `get forth in the
Act and these eyLaws, The Board of Directors shall exercise
all of the powers of the District,' subject to the restrictions
imposed by law, the Act and theme gylawal
section 2,2, Init;ai oszxa {on, Entities represented
on the Steering Committee for Denton County Water and
Wastewater Study "as of the effective date of the Act and whose
fin0holh l assessments ere paid current are eligible to join the
District as Partigipants or Contract Membera pursuant to
provisions of the Act within two years of the effective date of
the Act, The term of office of the directors that 'served on
the board of directors of Upper Trinity Municipal Hater
a
3
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Authority, Inc; (the "Corporation"), shall expire two years
after the effective date of Athe Act a their ll othernddirecto rs s shells serve
not be filled thereafter.
terms ending on May 31 of their fourth year of service, except
that Board members first appointed by a participating entity
(participant, Contract Member or County) shall serve staggered
terms as follows. Newly appointed directors shall be
designated, in sequence of their appointment, as "Group A
Directors" and ,Group B Directors". Group A Directors shall
May 311 1991 and every our years rve
serve terms expiring
rms May 31 terf and Group. e yearns thereafter The sequenceiOf
May `31, 1993 and every four
appointment shall be establish bodyn ofh each rder of the
intingd entity£
me
appointment by the governing
lot.
In theei ent two or more of appointments share all appointed on by same
day, th ointed
f All directors r shall their esuoterm for which they are aess rs have been appoint d and
and thereafte
qualitied, In the event a director is appointed to a term
expiring less than six months aEatr thee t mee afE surh
r.
rve
appointment, the governing body,
appointment, may term esignate ofand fioeppcf iAgeneiesdiwhichr aresenot
the succeeding
Participants or Contract' Members for.. water or wastewater
solid waste Care not eligible for Yrepfor other services such as
resentation on the Board of
solid
Directors,
~ s~+er Passacse of the ;
~ ,,wen►• Two -
Section 2,3. 4ma
II The Board may from time to time, in its discretion, adopt
k arid~ amend rules for the admission to the Board of
li Representatives ears after entities; that 01 then Act, as toontemplated 1
more than two years
by yeotion 6(d) of the Acto
ator~~ Vaaancv. Any
Section 2.4. $gt~4Y~1
appointed director
tity may appointing eHuch 'die tor, bfor hcausev oern riat
body
will, of t Any hvacancy (other than a vaaahay with respect t bye the
the initial directors) shall be filled by appointment
that brigiriaily
governing body of the entity Any
member for th appointed tths
s unexpired term of the vacant positio on hat
vacancy with respect to one of the directors that se rved
appoofintment directors of the Bo of the Corporation shall be filled d for the unexpired berm of thevaaant -
board
position,
f ir55.~r,~ {r~denerai,
any place
section 2650 ~d j~~ The Teo -1 d o is fneetinas at
rom y time
Board ze Directors may such ard
of' determination b mineAprovidedhthatt in the rabsencemof fan
de time deter)
, l b# etermination' by the Baazd" of nirector&, the meetxhe Board of
held at the principal office of the District,
Directors shall post notice of and conduct its meetings in
0455X 2
. 1
accordance with the requirements of the Act and
Meetings Act. the Texas Open
Section 2.6, Regular Mee in . Regular meetings of the
Board of Directors shall be held at such times and places as
shall be designated, from time to time, by resolution of the
Board of Directors.
Section 2.7. L and Emergency Meetings, Special
and emergency meetings of the Board of Directors shall be held
i whenever called by the president, by the secretary or by a
majority of the directors then in office upon giving and
posting of notice as required by law,
! ( a Section 2,9. awl m= _of Hugine At the meetings of
the Board of Directors, matters pertain in to the
the District shall be considered in such order as frouoses of
mptime to
time the Board of Directors may determine. By -resolution, the
Board of Directors may establish rules to carry out the intent
of Section 7 of the Act concerning weighted votes for capital
projects,
Section 2,9, compensation of War`s Pars,
Directors shall
3 not rceive any compensation from the District for their
j services as directors except that they shall be reimbursed for
their actual reasonable expenses necessarily incurred on behalf
of the District or in the performance of their official duties,
Section 2, 10, fig
cal, Matters Subject to the Act and
applicable laws of the State of Texas, the Board of Directors
shall establish policies and procedures for the deposit,
I investment and disbursement of funds and accounts of the
District, and the designation of persons authorized to act for
i the District in respect thereof, No person or entity shall
hold, invest or disburse funds or accounts of the District
unless expressly so authorized by resolution of the Board,
LJ i
Section 2,11. BiulaAtA,' on or before September 15 of
1 each year, the Board of Directors shall adopt a capital budget
and an operating budget for the ensuing fiscal year, On or
before June 1 of each year, the District shall furnish to each
Participant and Contract Member a preliminary estimate of the
annual payment required from each participant and Contract
Member. After -adoption, the Board of Directors may amend the
operating budget at any time to transfer funds from one account
or fund to another account or fund so long as such transfer
does not increase the total budget. Yn the event of an
emergency or special circumstance declared in a resolution, the
Board of oirectors may, in accordance with its agreements with
Contract Members and Participants, increase the budget for any
account or fund even if such action may cause the total amount
of the annual' operating budget to be exceeded.
0455X
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Section 2, 12, R&t.gy~_ ChaLaes and Fees, The Board of
Directors shall establish rates, charges and fees according to
r^~
generally accepted -cost of service principles for services
rendered to Participants and Contract Members and to customers
of the District. Such rates, charges - and fees may be
established by classes of customers, by proJeet, or by area, of
service, In general, service rates -shall be established by
cost centers for service areas identified by the Board of
Directors from time to time. The Board of Directors may
establish different rates for members and nonmembers to the
extent permitted by law, The Board shall permit all agencies
which participated in and which contributed to the cost of the
original Denton County Study and Master Plan to obtain service
at member rates if said agencies have paid the same cost
participation applicable to Contract Members. By resolution,
the Board of Directors from time to time shall establish
policies concerning participation in the administrative and
planning costs of the District by Contract Members.
k
j ARTICLE III
OFFICERS
Section 3,1.
T,{,t1es and 'gym of '~F~a,.e, The officers of
the District shall be a president, one or more vice presidents,
a secretary, and a treasurer, and such other officers is the
Board of`pirectors may from time to time elect or appoint in
accordance with the Act, One porson may hold more then one
office, except that the president shall not hold the office of
secretary. The president and any vice presidents shall be
elected by the, Board from its members, Each officer shall be
appointed annually by a majority vote of the directors then in
office and shall hold office for a term ending on May 31 of
each year, and until his or her successor is elected or
appointed,
All officers shall be subject to removal from office with
or without cause, at any time by a majority vote of the
directors then in office,
A vacancy in any office shall be filled by appointment by
a majority vote of the directors then in office for the
unexpired term of the vacant office,
section 3,2, Pres ent, The president al%611 be the
chief executive officer of the District and sha11_preside over
meetngo of the Board. In furtherahce of the purponea of this
District, 'tho president may, sign and exacute all contracts,
conveyances, franchises, bonds, deeds, assignments, mortgages,
notes and other instruments in'the°name of the `District.
Section 3.3, Vice president, The vice presidents' shall
have such powers and duties as may be assigned by the Board of
0455X _
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,y
Directors and shall exercise the powers of the president during
the president's' absence or inability to act, Any action taken
by a vice president. in' the performance of the duties of the
president shall be conclusive evidence of the absence or
inability of the president to act at the time such action was
taken.
Section 3.4. Treasure-E. The treasurer shall have
custody of all the funds and securities of the District that
come into his or her 'hands, When necessary or proper, the
treasurer may sign or endorse, on, behalf of the District, for
collection or payment, checks, notes and other obligations and
shall deposit any funds received to the credit of the District
in such bank or banks or depositories as shall be designated by
the Board of Directors. Whenever required by the Board of
Directors, the treasurer shall render a statement of the
treasurer's cash, account. The treasurer shall enter or cause
to be entered regularly in the books of the District to be kept
by the treasurer for that purpose full and accurate amountm of
all monies received and paid out ou account of the District.
j The treasurer shall perform all acts incident to the position
i of treasurer subject to the control of the Board of Directors.
! The treasurer, if required by the Beard of Directors,' shall
p give such bond for the faithful discharge of his or her duties
in such form as the Board of Directors may require.
Section `3.5, 6ecretarv, The secretary sha11, keHp the
minutes of all meet~'.ngs of the Board at;d all offid~ al recordt
! of the Board and may certify as to the accuracy or' authenticity
of any actions, proceedings, minutes or records of the Board.
j The secretary shall attend to the giving and serving of all
noticed, may attest the signature of any officer; of the
District to any contract, conveyance, franchise, bond, deed,
assignment, mortgage, note or other instrument of the District.
j The secretary shall have charge of the corporate books and
records and such other instruments as the Board of Directors
may direct, all
of w
hir
.h shall at all. reasonable times be open
to inspection upon application at the office of the District
during business hours; and the secretary shall in general
perform all duties incident to the office of secretary subject
to the control of the Board of Directors,
ln` the absence of the secretary, the president may
appoint any person other than the president, to act as
secretary or assistant secretary during such absence,
Section 3,6. Bxecutive`UTACtI. The Boards of Directors
may appoint a person to perform the dutlas of executive
director. When so appointed, the executive director shall
function as the chief operating oft'icer of the District and
shall be in general charge of the properties and affairs of the
District. The executive director shall have such other duties
and powers as the Board of Directors may assign,
f
0455X
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o
Ahr.dcw'::.' ~
ARTICLE IV
PROVISIONS REGARDING BYLAWS
Section 4.1. Amendme U_t 8ylawn These Bylaws may be
amended at any time and from time to time by majority vote of
the directors then in office.
Section 442. aw These Bylaws
shall be liberally construed to effectuate the purposes set
forth herein. If any 'word, phrase, clause, sentence,
paragraph, section or other, part of these Bylaws, or the
application thereof to any person or circumstance, ,shall ,ever
be held to be invalid or utsconstitutional- by any court of
competent jurisdiction, the remainder of these Bylaws and the
application of such word, phrases clause, sentence, 'paragraph,
section or other part of these Bylaws to any other person or
circumstance shall not be affected thereby,
ARTICLE V
GENERAL PROVISIONS
{
111 Section 5.1, Incareoration of the Aa The Act is
{ hereby incorporated by reference herein, and shall be deemed a
part of theseBylaws, The operations and affairs of the
Corporation not. addressed herair) Shall be governed and
controlled by the'Act. In the eve11t of a conflict between the
Act and these ByLawR, the Act shall control.
Section 5.2. Princieal Offi.A4 The principal office, of
the District shall, be located at 1100 N,'Xealy,Street Suite C,
Lewisville, Texas 75067 or at such other location as the Board
i may 'determine,
Li Section 5,3. Eiteml ,Y,gu, The fiscal year of the
District shall be October l to September 30 or such other
poriod as may be determined by resolution of the Board of
I Directors,
Section 5.4. ,l". The seal of the District shall be as
determined by the Board of Directors,
f
i
0455X
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BOARD Ott DMECTORS
UPPER TRINITY kmot[,L yA ER DISTRICT
ADDRESS LIST 3/9
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Nr; Aust~i,oi Ad&= (214)) 221-.4323 (H) Prtsidtnt C
Riahlan4 Vi I&baJ T% 75067 (214) 401«4080 (8)
Nr; E, Nilson, Uaoutivs Dir, 1811) 566.5230 (8) Viao-PreaiUat C'
Banton 11tii1itiaa , ,
21S t. NaRinna .
Gtleen, T$ 7641
tbt, 8t~ an Li 9aophvr, DiractoK (213) 219.3SO1 (l) Saa/Troaa, C
twnt
$ DsPar
Publio arY1p•
(41 of LcceWtsVtll•
PP., do TX
Nf. 1be Gltnb (214) 242-3273 (N) C
2000 P410 Alto
_ Carrolltoal-.T% ?W6
Nk.,David.pwrra)r (2145 221«6742 f,,4)' A
I
948't{igl+lstld'Vllli~tikoMd
Hishlandlvlliasa, T1t 7S067
Nit Jdl Ns+it1ten, City tia►a8sr . (81j) 456r793b"(X)
Cit y? ttin
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~4►i 2nat to r (~14) 436,8510 N)
~ba N1.'J Ob
405
Litr Willa, T " 7l
' •~i;~~J, .919 Tiu~aroraak ~
~ TOM k 4rak (all) 686.2x68 (N)' A
City of Plot ;olrlt
P. . 0lox. 357
Pilot Point, TX 76268
tl4lt ;417. H, Waldott'
' Mr, 7 1' r~`'~Ja' (31k) 2k8,-+3153;•(1): '.C '
Glt~ 217! 1o C6. 7!0!A
` Meed`{ WttE ik> y~*4061 (b -'1faC3ro A
28un 18~'l~ tlil . 14> 9WOO
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pr 'L
Cx4up A + eYN +►xpirar Nay 3tJ''19 4, ahd aYAi'¢titt'(( 4) yarra tharµlgrr,
„`4 Ctetlp PI~l ++iptree MAY'll 19u+d 's-119': I64S`(!4) yflthat of0
, Cso+yM d + a>< itia ~unr 1Ai 1991'( Mt+ YeAra `a tier aft!' $aoiva *
tihR,ieE)
' " ` i 4 ! r
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BOARD OF DIRECTORS
UPPER TRINITY REGIONAL WA ER DISTRICT
ADDRESS r.IST 3/4p
wrrrwwrw~wY~rrr.wwrwww~wrrwrrrrrwrYwVrrrrrrrrrrurwwrkrwrrw~rLwwrrprrrrrrrr~rrrr •
Hr; Austin D, Adtau
4323 N
122 etookdrle (21 (214) 4) 401 - 221- 4080 l
Preeldw a ,
Highland Village,- TX 15069
R, B. Nelson, Exiautiva Dir. (817) 566-8230 19)
Denton Utllitiee Vlce•Praeident C
211 Z. Maginne
Ddn ols, TX, 76201
PCabl, Urviaer ~iyirrmi,irootor (213) 814-3501 (l) Sic/Trees. G. 1
City 0f Lndwville
P, :O, sox 299002
Lew;evilla,'TX 1$029
ion CIL
24b0; (214) 24:;•g27y (N)
Pw10 A to
Cerrdl'lt0n, 2TX- 7560 C'
1 Nr, David racXYY
(210) 221-6742 (e) A
948,kShlend Vili'e a k6a4
hljhkAod Vil}agar 7Sbb1
r'Jahn Nari'l1tJ~n, City K4041Ser (817) 456-~P930
t~l of'9e$~er C -
tax S7 `
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94 ~flsr, Tx 762`66
Av 1's it T* "LC
lox eti eye
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' J'uttl`xli TX 70447 6464
K4jjje r 1~ y (ez>) 616w2i 6s ~ej =1
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9 x
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Oityy of .°~1ot Point (817) 606-2068 (N) A
lox3S7 " i
~J Pllot P*W TX 7675
411 W, i16 4ott
(214) 208.0133 (3)
Olt yTo
P. 0 Cclogy Metro C
04S Si~Mt! s
The ~:o11htY, TXX 75056
Mrr, Weodoy k!t (210) 2 4.4081 ( iMtro
t MM7wa O Liktla~ la f ( 14).2 2.149 A
,•ti'"tittle r>rr-!X`'$5460
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r P'A 1 TraM axp~get'MeY 21; 199 end= every fdux' 14) geit8 kh~*eatter:
1 Li1~aup teiti►:.tpirN'May 2~ 1042 Am
rwry toWt' yea,f they'd lea.' '
oue Teri i*44 June 1991('Mo (2) yteYi,i Cer ! dtifvr ~l;
r cf ~ the AoF`,) 4
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OFFICERS WHO A(iE NOT HOARD M2,y8E1iS '
Ns,.J4&n4tto Wohks* 214) 219.1226
((e) Mst, 9acrdcary
Uppsr Trinity Nssional Watar Aistriot (214) 221-4066 (N)
1g6 W, m
m(n, 9u[ta 102
Lwisvilla, U, 15047
saridono4465vruas`
Ong FRAWNy'I{CE13 FAolls
Nr,l Fras* Wi"Aldh (214) 953-4020',0),
F rit 5outhwost Cb tny.
S~o First City Cancan
_ _ • -1700 FacifiG rivunw
J
Dallas, TX 7520.1
17
IS "
Mrs, La + Walklr X03 6995 IS)
E County Odsddssioasr goo $46'31w4 6),
417 Old 'j4o4tin !"i" 617 4647410 ssrn)
Arsyla, Tx 16226, I
Wr,.'Jehp lr UY►r, (2x14) 7346611 (s)
( Nutdhlsen soyyl"wrodks,.d Fisiur
7900 1'irs4 01 Oancdr '
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Mr, Thowl s,'7/y tor,"asndiral ftr, ((914 215.12 s'(s)
l*Lty Agono4l W4tjr District (214 :344.19 9'(H)
# 96 : s }I/in, bfiita 102
r (i4 'M' I Oil
" d11f) 162.6114
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54190k121
f t Dintan, t.t)t~6202
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tidy
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P6 WF mtn~ 'sult,5 502
f 0 04wax'305
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1 PP LIMINKRY DRAFT
UPPER TRINITY REGIONAL WATER DISTRICT
BUDGET WORKSHEET
j MAY, 1990
EX 1990-91
Estimated Preliminary
1989-90 Budget Admn, + Projects
kk 1) Clerical & Admrf
Admn,'Asst, 11,300 15,912 10,343 (65%) 5;569 (35%)
Clerical 11950 8,700 6,525 (75%) 2.175 (205%)
Rtserve _ x,462 1.687 77A
Total Clerical 6A Admn 13,250 27,073 18,555 6,518
! 2) Tax 66
Medicare 1,45% 203 393 269 124 }
Unemployment 1.10% 154 298 204 94
4~?
Retir'ementi 7,65% 2,071 1,419
Total Taxes 357 2,762 11892 670
Total Peraonnel Services 13,607 29,835 20,447 9,368
Pro~lo0Al Services
1) Manager's Contract
a) Direct Cost 50,400- 50,400 32,760 (65%) 17,640 (35%)
b) Indirect Cost- 21,600 21,600 14,040 (65%) 7,560 (35`)
2) Staff Engineer 4,000 21,000 21,000 (100%)
3) Accounting Services 2,050 51000 3,250 (65%)- 1,750 (35%)
4) Legal Services 15,800 ?16,000 14,400 (90%) 1,600 (la%)
Total Professional
Services 33,850 114,000 64,450 49,550
k6tiCfe{.+{
1
Estimated Preliminary'
1989-90 Budget - Admn + Projects
s Office Expense
1) Telephone
a) Office 1,972 2,700
b) Cellular Phone L 200
To~e1 Telephone 1,972 3,900
2) Poataye, Supplies, E
v and Printing E
F a) postage 10200 1.800
y
b) Office Supplies 950 1,200
{ c) Printing (station-
ery, business
cards) 1,150 1.440 J
j Total 3,300 4,440 1
j
3) Equipment & Puen: E
a) Purchase 3,200 900
J I `b) Service 250'..
c) Rental
Total
3,480 1,500
E~ 4) Office Laaae 51280 51900
'T'otal Office ExpetiRia 14,032 15,740 10,230 (65%) 5,510 (35%)
~ Other ilxnenae
j
1) Travel & Meetings,
d) Auto Allowance - 3,600 2420 (70%) 1,080 (30%)
b) Conferences 900 21000 11600 (80%) 400 (20%)
C) Travel, General 1,000 2,000 11000 (50%) 11000 (50%)
a) Mileage 1,200 11000 500 (50%) Soo. (50%7
e) Meetings Expense ,
--..w ...mod 330 (70%)
(30%)
Total `ravel 3,100 90100 51570 3,130
2) Memberships & Dues 250 500 325 (65%) 175 (35%)
A
tpit'tJV 1
fi Estimated Preliminary
1 1989-90 Budget r 11dmn, +
3) Public Information Project
2.000 1.300 (65%) 700 (35x)
Insurance
a) General Liability 320 1.500
b) Non-Owned Car Ina. 77 BO
c) Prop, Insurance 43 80
d) Errors ,
6
lions 1,900
Cm i a
3,500
e) Workers Comp
Total Insurance 2,406 5.380
3.500 1.880
f 5) Miscellaneous
a) Little Elm permit 150
J
b) Other
2.350 L000
3.25b 1. 50
{ Total Miscellaneous 11500 5,0(}p 3,230
j i 1,750
Total Other Expense 7,256
21,980 14,345. 7,635
I Total 8xpenae 128,745 182,555 309,472
72,083
f Year End Car
i ryover-
' Reserve0 5
Total 128,745 191,555 115,972
75,583
• _ WWII
Y
h'M
Souraee of Funds
Carry Forlvard 12,500 4,800
r~
terest Income 2,961 5,000
Capital Reimbursement
i
a) Little Elm 12,720
b) Othore
12,900
l Total 25,620 75,583
{
Oteerinq Committee 71000 2,000
Member Contributions 85,492 104,172
Total 133,5731 191,555
i
i
i
i
1
{
A A14 1
I
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i
3
hC4"I~NV,q 1
"•I4Y9t
i
WIN TRINITY M109U WTIR DIMICT
NAY 15, 1990
rNorom BUDOCtsa CONI lumlp{e
IV ff=INO comirm W13132"
rm Lkr2316x or AONINIrmnoli mm rL mma
►l/CAL VW 1100-91
Pro 00
Mkigatad lobe-sr "0 -11 1
1N0 Population Contribution llud6et Contribution
i,low at 1:~y0 Z 350 $00 125
oy, c
City , ity of 1 200 2,364 650 ~0p
Mrtenvili• tf1C 34392 9,901 1,646 11696
>lattonvllla, TeYn of 103 1,120 402 402
•lsokroek we 600 1,901 400 400
relivar VIC 31120 3,022 11110 --0-
Carrollton (1looton Co) 17,122 13,311 101140 131 Leo
i Celina, City of 11100 2,504 too 97$
tee~~pp~er Canyon, Town of 619 1,249 444 445
Corinth, City of $1700 - 21910 1,750 11690
Dorton, city of 76,290 22,840 14,071 17, 3
Donton;Co, rM/D 30 11003 290 250
Double Oak, Town of 11700 2,346 900 150
{ flower NC ttr of of 1$1700 3D 71°S41 ~,200
ifithland vilsq•,City 1,000 4,613 3,000 $14003 2.206 4n
stin, city of } K"Orvillc City of 743 1,169 310 3xx2
i Cnrl, City Af 1,400 21351 625 700
We Cltioo WA 7,7"x' 5,134 54472 N,730
LawiW4'11a, City of 46,146 36,160 111120 14,`34
E Little 9116, Town of 1,290 1,322 sit butanq'MIe 1,160 2404 "0 400
I NertAlAka, Town of 169 1,699 IN 950
rorare Water Co. 300 1,072 290 250
Pilot !oink, City of 21790 21714 1,270 11270
Pander, 'town at 350 1,015 200 250
Prosper, Town of 1,060 1,274 467 525
eenger, City of 4,100 3,092 11065 2,050
The Colony, City of 19,300 9,225• 7,575 6,035
eked -
6Ult)?tAt 240,114 71,6?7 191493
Loin Continganey A1lowaneo 11,977 18,721
` Total Nmber Contributions 69,100 71,172
Donlon County Contribution 60,000 101000 33,000
Total Projooted Contributions 69,100 464,172
Other Rovanua and Transfers 49,200 67,313
Total PeOhOtod Panda 6133,400 11191,$99
"Contribution rorrulol Niniwa • 6250
lot $000 a 6.50/06!416
next 30,000 1,4$/oabita
over 25,000 6.13/0601ta
4 S2iS'YJ Y'~
r
I~
r `t
Y 1s 1990 - DfiAFT
WORKSHEET FOR
RECOUPMENT OF PROJECT COSTS
F 1 90-91 BUD(~~r
OPERATING BUD
Project Costa included in the Operating Budget of the District
Management & Professional
Clerical & Administrative $28,5$0
Engineer $ 9,388
Office & Genera] l21,000
AL O, 545
~ $75,583
± Clerical is 33% of Management & Professional,
Office and General is 28% of 411 Other costs,
Use these percentages as guides.
' ~ ~ ~ OC TION OF PRO txr~r p
`9RTION OF OPERirrt~•, BUDGET
IpIC PROJ CTS
i ~
kf PROJECT COSTS
Little Elm
1 Direct Supervision
( Management $ 7.80b
Clerical & Administrative $ 11000
Office & General $ 1,000
Argyle $11,800
Management
Clerical & Administrative $ 550
J Office & General $ 450
$ 1,350
Sulphur River Water
Management
( Project Engineer $ 4,900
Clerical &'Administrative $ 1,004
Office & General $ 11600
0
,
Regional Water Project $ 9;400
Management
Project Engineer $11$11,500
Clerical & Administrative ,200
Office & General : 4,900
10 0
M $42,700
,
I
Page 1 of 4
s"
b
J
Other Projects
Management a 51000
Project Engineer S 11000
Clerical & Administrative $ 11500
Office & General S 2.833
0 3 3
$75,583
8ecional Water Protec --Encineel}^ina & Related os a
f To prepare final engineering drawings, to prepare for bidding,
financing an3 construction and to oversee construction is
expected to cost approximately $2.9 million over the next'3
years, of which $1,4 to expected over the next two years. It'is
proposed to, acquire an interim loan for $1.4 million and to
f apportion the principal and interest among the participating
entities, then later refinance the interim loan with the bond
Issue for construction,, It is further assumed that 1/3 of the
interest can be recouped from temporary deposits of the loan
proceeds, It is further assumed that the above amounts would
include approximately $50,000 to refund the Project Development
Fund for initia? costs,
During FY 1990-91 and FY 1991-92, the debts service on $1.4
I million is estimated as follows
i Year to o t Princical
J FY 1991
F ~ FY 199 132,656 0
106,125 0
FY 1993 103,688 65,000
Interest to be recovered in `FY 1990-°91 from Participants;
132,656 x 0,667 - $88,462
I
Allocate in proportion to project participation,
f Pioeling System
Denton 2.1 million - 10%
District Total project 21 million
F The Project includes participation by Denton in certain
I pipelines, The balance of the project, including treatment plant
is shared proportiondtely by all other participating members,
! Denton will pay directly for its share of the treatment works.
Assume Denton's share of the total project is 10% for the
pipelines,
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Debt Service, on Engineering Loan
Recoup Prc,ieat, Portion of Operating Budget 48'782
Total to be recovered p
X131,182
9G
Participants othor than Denton 1
! X118,064
Denton Portion 10* x 131,182
! 13,128 ,
c
Assume Denton's portion will be handled an a credit against
E f what UTM will owe them as Velmbureem6nt of engineering fees for
I the plant) J
}
it C cit
boat S-~9
~ , Sanger 110
Pilot Point 0,3 12,833
{ Mustang WSC 0,3
3,$0
f Aubrey 0,2 3,880
67
Krum 0,2 2,5
50
Lake Cities Lo 2,567
: Argyle W5C 013 12,833
Bartonville wSC
3,850
11
Highland Village 410 12,833
Krugerville 60314
9,2 mgd $118,064
Denton
13 1 8 ,
Total
$131,182
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SULPHUR RIVER
RAW WATER PROJECT
Can rat Im _1ementon Cost FY 19. 40-91
Ropay City of Commerce, 50,000
~~~1 Request permit change for
I Intbrbaein Transfer t 50,0
i 111 First year payncent to COE 00
1 Engineering Feasibility Report 75'x00
UTRWD Allocated expense $ W 600
400
Preliminary Estimate of Cost
; ~ - s25a,QOo
Allocation " of Cne
h Four duara t o sore
,
Denton 2 mgd $ f3,333
Lewisville
f Highland Village l mgd $ 83,333
Denton Co, FWSD 41,667
d L,4L1, 667
' 6 mgd $250,000 f
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~ Balance 5,72 mad * I
j Total 12.72
i *Other entities who benefit from the project water from the Upper 'Trinity Regional l Water Di aDietriraat will will repay
1 r.
the guaranty sponsors on a pro rata basis at a future date,
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UPPER TRINITY REGIONAL WATER DISTRICT
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AGREEMENT FOR CONTRACT MEMBERSHIP
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THE STATE OF T8XAS X
COUNTY OF DE14TON X
THIS AGREEMENT FOR CONTRACT MEMBERSMP (the "Contract") is
made and entered into as of the
day of. , 19 (the
"Contract Date")' by and between UPPER TRINITY REGIONAL WATER DISTRICT
(the District."), which District is a condervation and reclamation district pursuant to
Article XVr, Section 59 of the Constitution of the State of Tex", {e a governmental
JJ agency, a body corporate and politic and a political subdivision of the State, and i
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f (the "Member"). F
WITNL5 H1
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WHEREAS the District was created by House Bill 3112 (the an
Act of Legislature of the state of Texas, which was adopted by the Legislature in its '
regular seusloo in 19891 which bill was signed by the Governor and became effective
+ June 16, 1989) and
WHEREAS the Bill provides' for both Contract and Participating
Members of the District and for representation on the Board of Directors of the ~
Districts and
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{j7`J[{ INSAISUZ3~
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WHEREAS the Bill provides for a two-year period during Which eligible
entities may elect to become members of the District; and
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WHEREAS the Member desires to become a Contract Member of the
District, to enjoy all the benefits and obligations of being a Contract Member; and
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WHEREAS the Member is a governmental entity that provides retail util-
ity service and Is currently operating under the Constitution and laws of the State of
Texas; and
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I WHEREAS the District proposes to acquire and construct a regional
j water and wastewater system to serve Participating Members within the watershed
of drainage area of the Upper Trinity River
, generally located in Benton CountyO
Texas (the "System"); and
f r
WHEREAS the Member desires to preserve the option to become a Par-
ticlpating Member within the 10-year period provided In the Sill, which period ends
I June 16p 1999; and
W14EREAS the Member desires to participate in the planning and policy
making activities of the District and to enjoy the benefits thereof; and
WHEREAS the District and the Member agree that the District has and
will have administrative and planning costs that are unrelated to capital projects to
be financed by the District; and
WHEREAS the Member hereby agrees to pay an annual pro rata share of
said administrative and planning i;osts of the District, which costs will be shared
with all other Contract and Participating Members of the District; and
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WHEREAS the Member hereby expresses its intet,t, but without obliga-
tion, to become a participating Member, as hereinafter defined, within the time
frame established herein;
E
fI NOW, THEREFORE, in consideration of the mutual covenants and agree_ menns herein contained, the District and the Member hereby agree to the terms
an
i conditions as hereinafter set forth, to with and
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DEFINITION OF TERMS
I
The following terms and expressions as used in this Contract, unless the
context clearly shows otherwise, shall have the following meaningst
11 "Additional Contract Member" means any other party with which
the District makes a contract similar to this Contract, provided that after execution
of any such contract] such party shall become one of the Contract Members for all
( purposes of this Contract, unless otherwise specifically provided herein.
2. "Adjusted r ~ Payment"
means the Administrative Payment as adjusted
during or after such Annual Payment Period, as provided by this Contract,
a
a. "Administrative Payment" meatu the amount of money to be paid
to the District by each of the Contract Members during each Annual Payment '
Period as its proportionate share of the Administrative and Planning Expenses of the
District.
4. "Administrative and Planning 9xpenses" means the general over-
head and expenses of managing the District, but not including expenses related to
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capital projects financed by the District; such expenses shall include the adminis-
tration of the District's general office, the activities and meetings of the Board and
{
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the planning activities of the District, to the extent such programs and activities
! shall be for the general welfare of the Districts activities and programs for the
benefit of specific parties and for specific capital projects shall, unless otherwise
j authorized, be the responsibility of the benefltting parties. Administrative and
I Planning Expenses shall include the cost of special services provided for the benefit
of Contract Members.
5. "Annual Payment period" means the District's Fiscal Year, which
currently begins on October 1 of each calendar year and ends on September 30 of
the next calendar yearp and the first Annual Payment Period under this Contract is
October 1, 1989 through September 309 1990.
6. "Annual Administrative Requirement" means the total amount of
! money required for the District to pay all Administrative and Planning Expenses of
the District
71 "Bill" means H.B. 3112 as identified in the preamble to this
Contract.
i
8. "Board" means the governing board of the District.
9. "Bonds" means all bonds hereafter issued by the District and the
interest thereon, to acquire and construct a regional utility system,
10. "Contract Member" means one or more of the entitles that con-
tracts with the District to retain the option to become a Participating Member and
to pay a pro rata share of the Administrative and Planning Expenses of the District.
11. "District" means the Upper Trinity Regional Watt+r District as
defined in the preamble to this Contract.
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12, "Member" means the entity defined in the opening paragraph of
f this Contract, which entity is also defined to be one of the Contract Members.
. 1
13, "Operation and Maintenance Expenses" means all costs and e
see apen-
k of operation and maintenance of the District including (for greater certainty, but
11 without limiting the generality of the foregoing) repairs and replacements for which
no special fund is created in the Bond Resolutions, operating' personnel, the cost of
utilities, auditing, legal services, supplies, services, administration of the District
including the District's general overhead expenses attributable to the District,
i insurance premiums, equipment necessary for proper operation and maintenance of
the District, and payments made by the District in satisfaction of judgments result-
E I ing from claims not covered by the District's Insurance arising in connection with
the operation and maintenance of the District.
1
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14, "Participating
Member" means a governmental entity that provides
f retail utility service within the entity's
boundaries and that contracts with the
District for the acquisition, construction, Improvement or enlargement, 'and pay-
ment for the water or wastewater projects to be financed from time to time by the
f ! District,
Section 1, BOARD MEMBERSHIP.
a, Initial members of the Board designated In the Bill shall serve on
the Board together with other qualified persons appointed by the governing body of
each Contract Member and each Participating Member, When an entity becomes a
Contract Member or a Participating Member, such entity shall be entitled to appoint.
i one member to the Board, The County, acting through its commissioner$ Court,
shall appoint one member to the Board and may, upon the approval of the Board, ap-
point one additional member to the Board if the Board deems such additional ap-
pointment to be In the beat Interests of the District, To secure the right to appoint
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a member to the Board, a Contract Member asset beeorae A Cpn#tact Memt
the effectfre date of the Bfll, ,{hy entlt5' th~lt rcit>rin
after June 16, 1991 shall be entitled to re `met X rneMbrt
the procedures established b Are santatfon dr the Baird ml
priced T the Board for the adtpissian at y purgoo t 0
ores may from time to 1111-le be amended, Board [embers A. sash '
_ i
/ b Mea►bery
the Board Pating Members shall al~inted by the da
of
entiftled to
be 1*trhtttg llaiir.at l'Artfci•
Members of the Beard Vote on all
a[+l►olnted matters coming halite the
by the govrrnl llut►rd,
are not Putt
Cip "jag Members shall n6 body of Cantkaot MamlaeM arhlClt
Board except tho entitled to ante on All w
Se matters that req Atlers batdre the
rules for the Implementation of A s sire a v►elghlad vote.
i The Uard ah,~l establtrh
authorizatfoa of y°ten° of weighted votes top taatlers
and financial cost ~attceridnp
f ! mitments for capital
proJtot$,
c. 7vfembers of
I the Board shall serve st'
I ,,r cordance with Procedures established b ++tigerdd four-year ter
Y the Board, ►n► trt`tit
i sgrve consecutive terms. Members of ihtt ISaitrd May
I d. The Board may establish a
1 who will not be votfug members of the B p1a~Altfcation of ex»Gffielu #1tymbeeN
ties as oard but who will hava 8110h other duthim Alld
responslbflf detertnlned by the Board.
(
j e. The District will not com
Board, but rosy reiacbua Baud M penaate Board Members for carving nn the
incurred on embers tot Actual reasonable ekpan+►
behalf of the District
as naoa~~lly
or In the discharge of oftJcial dutleb,
Section Z - MEM
BER_SERWCES ANT) ggNEFITS,
a• As a Contract Member the
In all activities, decisions ' Member Ia entitled trs Pull
and actions of the Y pprflalp«ta
f Board, other than those JnAtinxA ihBt
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require a weighted vote as provided In the 9111. Accordingly, the `Member may
participate in establishing the general policies of the District and in planning the
j
services, budgets, master plans and capital improvement programs of the District,
i
b, Annually, the District will request the Member to provide an up-
date of its projected needs for waters wastewater and solid waste service over the
next five (b) years. The District will take the Member's account In planning for services to be projected needs into
provided by the District and in the develo
{ meat of its capital im ro
j P vamenta program. p-
When a project is being developed by the District that a
' correlate with the projected needs of the Member, the District will notify the
Member and give the Member as Opportunity to participate in the project. As com-
pared with nos-m*'
mber; customers, the Member shall have a priority; of r! ht to
{ services and water supplies of the Distr g f
{ which such service or suPp1Y is provided to Participating tM msbers liar to terms under
i
The Member shall enjoy a continuing option to contract with the
District to become a Participating Member of the District within the 1b-yiar period
provided in the 9111, which period shall
end June 16, 1999. Such contract for terms and conditions similar to those enjoyed b other shat!
Members y
Participating
s and shall provide for riBhts an itir, privileges and benefits equivalent to ' an iaitta!
Participating Member r j ges fu
governmental eg~ of of l that loccur fromtime chan cost circumstance and
1
associated with the passage of time. to time and which are generally
Section 3 FISCAL pitovist6m.
The Annual Administrative Requirement will be allocated among the
Contract Members and Participating Members as hereinafter provided) and the
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Annual Administrative Requirement for each Annual Payment Period shall be
provided for in each Annual Budget and shall at all tiaras be not less than an amount
sufficient to pay or provide for the
payment of all Administrative and Planning
Expenses of the District. Such expenses are part of the Operation and Maintenance
Expenses of the Dfstrfct.
Section 4 - ANNUAL BT)DGET.
Each Annual Budget for the District shall always provide for amounts
sufficient to pay the Annual Administrative. Requirement and the Operation and
Maintenance Expense.
The Annual Budget of the District for all or any part of the
Annual Payment Period during which the District is in operation shall be prepared by
the District, On or before June 1 of each year, comtuencing June 1, 1990, the
District shall furnish to each Contract Member a preliminary estirattte of the Ad
' winistrative payment required from each Contract Member for the next following
Annual Payment Period,
_ Not less than forty days before the commencement of the
t 9,nntal Payment Perfou after dune 11 1990, and not less than forty days before the
cominoncoment of each Annual Payment period thereafter, the District shall cause
to bo l,repved as herein roAded its preliminary btcdget for the next ensuing Annual
Payment Periods which u+tdget shall specifically include the Annual Administrative
! j.equiraraent and the Operation and Maintenance Expenses of the District, A copy
of sltr'z prelltnfnarbeta
y 'Get sholi be filed with each Contract Member for review
before adoption by the Board, , Any Contract Member may submit comments about
the preliminary budget directly to the Board, The Board may adopt the preliminary
budget or make such amendments thereto as it may deem proper. The budget thus
approved by the Board shall be the Annual Budget for the next ensuing Annual
Payment Period. The Annual Budget may be amended by the District any time to
transfer funds from one account or fund to another account or fund. The amount for
+i any account or fund, or the amount for any purpose) in the Annual Budget may be
! increased through formal action by the Board even though such action might cause
the total amount of the Annual Budget to be exceeded: provided that such action
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shall be taken only In the event of an emergency or special circumstances which
shall be clearly stated in a resolution at the time such action is taken by the Board.
Section 5 - PAYMENTS BY CONTRACT MEMBERS.
a. Each Contract Member shall pay a proportionate share of the
Annual Administrative Requirement which shall be determined as herein described
and shall constitute a Contract Member's Administrative Payment. Each Contract
M ! Member shall pay its part of the Annual Administrative Requirement for each
Annual Payment period directly to the District) in a lump sumj by January l of each
year or in accordance with 'a schedule of payments furnished by the District,
3 } b, For each Annual Payment Period each Contract Member's propor-
J donate share of the Annual Administrative Requirement shall be determined by the
i Board in accordance with this Contract and the By-Lams of the District. After the
total amount. of the Annual Administrative Requirement is determined
~ by the Board,
the Board shall proportion the amount among both Contract and Participating
j Members. The Board shall generally prorate the amount according to population or
number of. custorr,ers Served, but may adopt an allocation formula that varies with
size of the entity, Furthermore, the share to be pro rated fora Contract Member
may not exceed 50 cents per capita (based on the most recent estimate of popula-
tion available to the Board) unless otherwise agreed to by at least 75 percent of the
Contract Members having, collectively, at least 75 percent of the popalatioa
represented by all of the Contract Members, which agreement shall be determined
by a vote of the Board Members representing Contract Members.
CA All contracts with Additional Contract Members shall provide for
equitable payment oft
he Ann
a1
u Administrative Requirement consistent with the
l provisions of this Contract,
9
Inl ..1 r J(taatY
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d. Notwithstanding the foregoing, the Annual Administrative Require-
ment, and each Contract Member's share thereof, shall be redetermined, after con-
sultation with each of the Contract Member's representative on the Board, at any
time during any Annual Payment Period, to the extent deemed necessary or advis-
able by the Board, if unusual, extraordinary or unexpected expenditures' for Admin-
istrative and Planning Expenses are required which are not provided for in the
District's Annual Budget or if such expenses are substantially less than estimated. If
i such budget revision is of such magnitude to significantly alter the Annual Admin-
istrative Requirement, the Board may adopt an Adjusted Payment and notify all
Contract Members accordingly.
j e. Each Contract Member hereby agrees that it will make payments
11 to the District in accordance with the schedule provided by the District. If any
Contract Member at any time disputes the amount to be paid by it to the District,
such complaining party sball nevertheless promptly make such payment or payments,
but if it is subsequently determined by agreement or court decision that such
disputed payments made by such complaining party should have been less, or more,
the District shall promptly rovise and reallocate the charges among all Contract
} Members in such manner that such complaining party will recover its overpayment
owing to the
or the,District will reooner the amount. due ,it. All amounts due and
District by each Contract Member or due and owing to any Contract Member by the
District shall, if not paid when duet bear interest at the rate of ten (10) percent per
annum from the date when due until paid.
f. The District shall, to the extent permitted bylaw, discontinue the
services of the District te. my Contract Member which remains delinquent in any
payments due hereunder for a period of sixty (60) days,' and shall not resume such
services while such Contract Member is to delinquent. It is further provided and
agreed that if any Contract Member should remain delinquent in any payments due
hereunder for a period of one hundred twenty (120) days, and if such delinquency
continues daring any period thereafter, for the purpose of calculating and
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f redetermining the percentage of each Administrative Payment to be paid by the
non-delinquent Contract Members, the District shall redetermine such percentage in
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( such event on a basis so that the non-delinquent Contract Members collectively shall
be required to pay all of the Annual Administrative Requirement. However, the
District shall pursue all legal remedies against any such delinquent Contract
Member to enforce and protect the rights of the District, the other Contract
Membera, and the holders of the Sonds, and such delinquent Contract Member shall
not be relieved of the liability to the District for the payment of all amounts which
would have been due hereunde,,in the absence of the next preceding sentence. If
j any amount due and owing by any Contract Member to the District is placed with an
i attorney for collection, such Contract Member shall pay to the District all attorneys
fees, in additiosi to all other payments provided for herein, Including interest,
,I
j g. rf, during any Annual Payment Period, any Contract Member's Ad-
J ministrative Payment is redetermined iu any manner as provided at required in this
E Section, the District will promptly furnish such Contract Member with a schedule of
E Its Adjusted Payment reflecting such redetermination.
f
Section 6 - SPECIAL, PROVISIONS,
a. The District will continuously operate the system in an efficient
manner, and in accordance with good business and engineering practices, and at
reasonable coat and expense,
k
b. Each of the Contract Members, respectively, represents and coven-
ants that all payments to be made by it under this contract shall constitute reason-
able and necessary "operating expenses" of its combined waterworks and sewer
system, as defined in Vernon's Ann, Civ, St, Article 1,113, and that all such payments
will be made from the revenues of
its combined waterworks and sewer system.
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y'~G31?3 WWW
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C. The Member may cease being a Contract Member upon giving
written notice to the District at least 120 days prior to the end of a fiscal year or by
giving l2-months notice at any time and upon full payment of all financial
s
obligations to the District for the remainder of said fiscal year or 12-month period,
respectively. If such Member ceases to be a Contract Member after giving notice or
because of contract default, the Member will lose standing as "a charter member of
the District and may not again become a Contract Member of the District, It a
r
Member ceases to be a c,ontr ct Member, such entity may request service as a I
customer' of the District' at some future date, and if approved by the Board could
j j
receive service on terms approved by the Board,
I ,
Section 7 - STATE OR FEDERAL LAWS, RULES, O,RDI"R$ OR REGULATIONS.
j This Contract is subject to all applicable Federal and State laws and any
II+ applicable permits, ordinances, rules, orders and regulations of any local, State or ~
~1 Federal governmental authority having or asserting jurisdiction, but nothing con-
I
tained herein shall be construed as a waiver of any right to question or coatest any
such law, ordinance, order, rule or regulation in any forum having jurisdiction.
J Section 8 - SEVERABILITY. {
The parties hereto specifically agree that in case an one or more Y of the
sections, subsections, provisions, clauses or, words of this Contract or the application
of such seotiona, subsections, provision, clauses or words to any situation or cir-
cumstance should be, or should be held to be, for any reason, invalid or uncon-
stitutional, under the laws or constitutions of the State or the United States of
America, or in contravention of any such laws or constitutions, such invalidityi
unconstitutionality or contravention shall not affect any other sections, subsections, '
,
provisions, clauses or words of this Contract or the application of such sections,
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subsections, provisions, clauses or words to any other situation or circumstance, and
it is intended that this Contract shall be severable and shall be construed and ap-
plied as If any such invalid or unconstitutional section, subsection, provision, clause
or word had not been included herein, and the rights and obligations of the parties
hereto shall be construed and remain in force accordingly.
Section 9 - REMEDIES UPON DEFAULT.
It is not intended hereby to specify (and this Contract shall not be con-
sidered as specifying) an exclusive remedy for any default, but all such other
{ remedies (other than termination) existing at law or in equity maybe availed of by
any party hereto and shall be cumulative. Recognizing, however, that the District's
undertaking to provide and maintain the services of the System is an obligation,
failure in the performance of which cannot be adequately compensated in money
damages alone, the District agrees, in the event of any default on its part, that each i
Participating Member shall have available to it the equitable remedy of mandamus
and specific performance in addition to say other legal or equitable remedies (other
than termination) which may also be available, `Recognizing that failure in the
performance of any Participating' Member's obligations hereunder' could not be ade-
quately compensated in money damages alone, each Contract Member agrees in the
{ event of any default on its part that the District shall have available to It the
equitable remedy of mandamus and specific performance in addition to any other,
E legal or equitable remedies (other than termination) which may also be available to
the District, Notwithstanding anything to the contrary contained in this Contracts
any right or remedy or any default hereunder shall be deemed to be conclusively`
waived unless asserted by a proper proceeding at law or in equity within two (2)
years plus one (1) day after Vie occurrence of such default. No waiver or waivers of
any breach or default (or any breaches or defaults) by any; party hereto or of per-
formance by any other party of any duty or obligation hereunder shall be deemed a
waiver thereof in the future, nor shall any such waiver or waivers be deemed or
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construed to be a waiver of subsequent breaches or defaults of any kinds c aracter
h
or descriptions under any circumstances.
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Section 10 - VENUE.
All amounts due under this Contract, including, but not limited to, pay 'r
} ! ents due under this Contract or damages for the breach of this Contract, shall be
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aid and be due in Denton County, Texas, which 1e the County in which the principal
administrative offices of the District are located. It is specifically agreed among
the parties to his Contract that Denton County, Texas, is the place of performance
of this Contracts and in the event that any legal
al {
this Contractor an Y g proceeding is brought to enforce
any provision hereof, the same shall be brought in Denton
Texas, nton County,
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IN WITNESS WHEREOF, the parties hereto acting under authority of
their respective governing bodies have caused this Contract to be duly executed in
several counterparts, each of which shall constitute an orlginai, all as of the day and
year first above written, which is the date of this Contract.
I
UPPER TRINITY REGIONAL
WATER DISTRICT
By
President, Board of Directors
f ATTESTi
Secret
~ +u`yr Board of Directors ?
(DISTRICT SEAL)
f"'r APPROM) AS TO FORM
' 4_...? AND LEGALITY
Course or the District
By
ATTESTt
f
APPROVED AS TO FORM
AND LEGALITY
Counsel for
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UPPER TRINITY REGIONAL WATER DISTRICT
REGIONAL WASTEWATER TREATMENT SERVICE
PARTICIPATING MEMBER CONTRACT
(DENTON SYSTEM PROJECT)
THE STATE OF TEXAS S
S
COUNTY 'OF DENTON S,
THIS REGIONAL WASTEWATER TREATMENT CONTRACT (Denton
System Project) (the "Contract") made and entered into as of
the day of 19 (the- "Contract
Date"), by and between UPPER TRINITY REGIONAL WATER DISTRICT,
(the "District"), a conservation' and reclamation
i created pursuant to 'Article XVI, Section 59 of the ConsVit
ptian
j of the State of Texas, and the City of Argy1e0 Texas ("Argyle").
W I T N _E S S E T Ho
WHEREAS, Argyle has requested that the District provide
wastewater treatment service for the initial 'installment phase
E
1 of its local wastewater collection and transportation systftl
l and
WHEREAS, the Denton County Water and wastewater Study
~J Regional Master Plan prepared in March, 1588 by Espey, tfuston i
Associates, Inc. recomm*nds that regional wastewater treatmnt
services for Argyle and certain other consunities by ;provided
through the City of Denton System; and
WHEUM? Argyle, as a participating Member as herein,
defined, is a governmental entity which his taken and is taking
definitive steps to provide a retail utility service: to its
E customers and is currently operating under the-Constitution and -
laws of the ;3tste of T*x&s) and
WHEREAS, the District has contracted with the City of
S
Denton for wastewater treatment services based on interim use
of surplus capacity and the option for future participation
expanded treatment capacityf and
WHEREAS, Argyle proposes to finance, construct, own and
operate the outfall pipeline (Trunk Sewer) to transport the
wastewater from the Argyle collection system to the Denton ,
wastewater interceptor in Hickory Creek; and
WHEREAS, the District will function as the planning and
managing agency for the regional wastewater treatment service
provided Argyle, including, the responsibility to assureE
€ permanent and continuing capability for wastewater treatment,
whether such service is provided throughr or separate from, the
City of Denton systeml and.
WHxPUS, Argyle proposes to"construct the, pipeline, pump
M ~ station, soterirlq facilities and associated improvements
described in an engineering report entitled M
1990= and,
WHgRSAS, the District agrees that Argyle shall continue
to own and operate. the internal` wastewater collection :and
pumping facilities and the outfall pipeline (Trunk Sewer),;and
Denton°ahall own and operate the pipelines and treatment works
which &"r t4 be used for, providing the interim servioss
provided fot herein and
91HH MA$ the Partios ' hereto adknowledgo that. other
ontitier may becose parties to the regional wastewater
treatment services provided by the District through the City of
0631x .2.
r
Denton System; and
WHEREAS, it is expected that Argyle will issue an
installment of bonds to provide funding to construct the
facilities necessary to collect, transport and measure
wastewater from Argyle to the Point of Entry; and
WHEREAS, Argyle desires tc maintain control over and
access to its outfall line (Trunk dower) and to serve retail
customers along the route of the Trunk Sewerl and
NOW, THEREFORE, in consideration of the mutual covenants
and agreements heroin contained, the District agrees to provide
j wastewater treatment services of the System to Argyle' under
this Contract, subject to the terms and conditions hereinafter
set forth, to-wit:
ARTICLE I
The following terms and axprassions as used in this
Contract, unless the context clearly shows otherwise, shall
have the following mianingst
16 _ "Additional Participating, Member" means any party
other than Argyle with which the District makes.& contract
similar to this, Contract.,
2. "Administrative Payment" moans the amount of.s►oney,
to be paid to the District by each oP' the Contract Nembers
during each Annual Payment Period as its proportionate share of
administration and planning. expanses of the District, :which
expanses are unrelated to the operating costs of any contract
or capital projects , managed bythe District for specific
.3-
0631x
i
entities,
3. "Adjusted Annual payment" means the Annual payment
as adjusted during or after such Annual Payment Period, as
provided by this Contract.
4. "Annual Payment" means the amount of money to be
paid to the District by each of the participating Members
during each Annual Payment period as its proportionate share of
(r _ the Annual Requirement.
5. "Annual Payment Period" means the District's
Fiscal Year, which currently begins on October 1 of each
calendar year and ends on >September 30 of the next calendar
year, and the first Annual Payment Period under this Contract I
is estimated to be for the period of October `1, 1990 through
September 30, 1991, but may be for a partial year.
! 6. "Annual Rwpireaent"~ . means the total amount of
; i
t
money required for the District to pay all Operating and
f Maintenance Expenses of the ,'System" all as further described
I
herein....
7. "District" means the Upper Trinity Regional aster
District, a conservation and reclamation district pursuant' to
Article ZV1, Section 59 of the Constitution of the State of
Texas created by the 'Texas Legislature in 1909 by passage of
House gill 31196
8. "Board" means the governing board of the District,
90 "Board members" scans a member or members of the
Board.
40. "S.0.D," (denotinq' Bioahemidal Oxygen Dsoand)
.4-
0631x
y
means the quantity of oxygen utilized in the biochemical -
.
oxidation of organic matter under standard laboratory procedure
in five days at 200c,, expressed in milligrams per liter.
11., "Bond Resolution" means any resolution of the
District which authorizes any Bonds,
12, "Honda" means all bonds hereafter issued by the
District and the interest thereon, to acquire and construct the
i
System (including all bonds issued to complete the acquisition
and construction of the System), and/or all bonds issued
subsequently to improve and/or extend the System, and any Wndi
k issued to refund any Bands or to refund any such refunding
bonds,
13. "Contract Member" means one or more, as the aase
may be, of the entities that 'contract with the District to
I i retain the option to become a participating Member.
160 "County" means Denton County, Texas,
15. "Customer" means any wholesale user of the
wastewater services provided by the District which user
provides retail utility xervioe within its boundaries.
16, "Customer Advisory Council" or "Council" means the,
coltmittee to be created to consult with and advise the District
i
with respect to the $yetea as provided in this Contract@
lit "gpd" means gallonw per day,
18. "Garbage" means solid wastes from the preparation,
cooking, and dispensing of food, and from handling, storage,
and sale of produce.
19. "Grease" 'means fats, waxes, oils, , and other
0631x r
1
similar nonvolatile materials in wastewater,
20, "Industrial User (IU)" means any person, including
but not limited to, any individual, firm, Partnership,
corporation, association, or any other group or combination
acting as a unit, or any other legal entity, who discharges or
desires to discharge industrial wastes into the system.
21, "Infiltration water, means rainwater or ether ,
water which leaks into a sewer.
22, "m9
/1" means milligrams
par liter,
j
23, "Operation and maintenanco Bxponses" paeans all
costs and expenses Of operation and' maintenance oP the system
including (for greater certaSnt
y ~)u1, without limiting the
generality of the foregoing) repbi,rs Ond, rOPlacoments'for which
no special fund is crated in the I?Ond ReoOlutions, operating
personnel, the cost. of utilib 64, ttae odot m of supervision,
engineerin , aa~acu
q rating, auditing, TfAy,p?, 44te +ii:es, supplies,
services, administration of t.)ut ,gysitem, including the
Dimtrict's general overhead expenses attributable to the
System, insurance premiuma, equipment necessary for proper
operation and maintenance of the'Sy~tam, and payments made by
the District in satisfaction of judgment* resulting from claims
not covered by the Distriot,s insurance arising in connection
with the operation and maintenance Of the System, The term
does not include depreciation
214 "Pertioipating MoMber" means one or
sore, as the
case may be, of the governmental entities which provides retail
utility service within its boundaries that contracts pursuant
0631x ..t. ;
y
to this Contract for the acquisition, construction,
improvement, enlargement, and payment of the System to be
financed from time to time by the District,
250 "pH" means the common logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of solution.
266 "project" means the contracts and contractual I
v \ responsibilities established pursuant to this Contract as may
1
be necessary to provide the services committed herein through
the City of Denton Wastewater Collection and Treatment System.
276 "POTW" means a Publicly Owned Treatment Works as
j
j defined in 40 CPR 403,
284 "Properly Shredded Garbage" means garbage that has
been shredded to much
particles will be carried
f degree that all
freely under the flow conditions' normally prevailing in public
I sewers, with no particle greater than 1/2 inch in any dimension$
29, "Significant Industrial User (SIU)" means any
~ i
j industrial user who is connected or desires to connect to a
governmental entity's domestic wastewater collect~gn system and
meets at least one of the following criteria
(i) Average industrial wastewater discharge
rate greater than SOr000 go,
(ii SOD and/or suspended solids concentrations
in industrial wastewater greater than 250 mq/i.
(iii) industrial category. regulated byy National
Pre-treatment Standards as promulgated by thu United
States Inviron"ntal Protection Agency,
30, "Suspended Solids" means solids that either float
on the surface or are in suspension in rater, sewaga, or other
liquids, and which are removable by laboratory filtering,
expressed in milligrams per liter,
063ix
r
31, "State" means the State of Texas,
320 "System" means the regional wastewater system, not
including krgylels Trunk Sewer, and all improvements and
additions to and extensions, enlargemants thereto, and
replacements thereof which are deemed necessary and feasible by
the District in order to receive, treat, and dispose of
Wastewater from any Participating Member receiving service
through the City of Denton Wastewater system under similar
contracts as this one and to comply with the requirements of
the regulatory' agencies of the State of Tuxes and the United
States of America, Said term does not include any facilities
acquired or constructed by the District (i) with the proceeds
from the issuance of "Special Facilities sonde," which are
j
hereby defined &A being revenue `obligations of the District
which are not secured by or payable from payments made under
this Contract and similar contracts with Additional
Participating Members, and which are payable solely from other
sources, or (ii) for Customers not res:ilving service through
the City of Denton Wastewater system
33, "Total Toxic Organics" mr ,d the sum of all
detected concentrations greater than 10 micrograms per liter
for all organic compounds classified as priority pollutants by
the United States Invtronmental Protection Agency,
34. "Trunk Sewer" Means any sewer in which sewage from
collecting and lateral sewers is received and conveyed to the
System,
35, "Wastewater" means sewage, industrial waste,
0631x .g.
municipal waste, recreational waste, and agricultural waste, as
defined in the Texas Mater Code, together with Properly
Shredded Garbage and such Infiltration Water that may be
present,
ARTICLE II
Board Representation
I 1, The Board of Directors shall be composed of those
mcAbers'that were designated by the legislation oreating the
District, plus one member appointed by the governing body of
each Contract Member, each participating Member and the County
of Denton, Terms of ataa►bors dos,ignated in the legislation
j
shall expire June 16, 1991, Denton County, eating through its
Comatiesionera, Court, shall appoint one member to the Board and
may, upon the approval of the. Board, appoint one additional
I
member to the Board if the Board deems such additional
appointment to be in the best interests of the District,
` 26 Members of the Board appointed by the governing
body of Participating,Xembers shall be entitled to vote on all
matters coming before the Board, !!embers of the Board
appointed by the governing body of Contract Kembers shall be
entitled to vote on all matters before the Board except those
matters that require, a weighted voto, The Board shall
establish rules for the implementation of a system of weighted
votes for matters concerning authorization of and financial
commitments for capital projected
30 Members of thy, Board shall serve staggered terms
in accordance with procedures established by the goardj
0631x ..g.
Y
provided, however, that no Board member shall serve for a term
in excess of lour (4) years, Members of the Board may serve
consecutive terms,
i
4. The Board may establish a classification of
ex-officio members who will not be voting members of the Board
but who will have such other duties and responsibilities as
determined by the Board,
ARTICLE III
Section 3,01, Consulting Enginerrse enstruotion ut
i
Siesta The District and the Participating Members agree that
the District will choose` the Consulting Engineers for the
System' and may change Consulting Engineers at the option of the
District. The District may issue its Bonds
r payable from and
secured by Annual Payments made pursuant to contracts with the
I
District, to acquire, construct, extend, enlarge, rspair,
renovate, equip' and otherwise improve the System, and agrees
that such improvement' will be made in general accordance with
generally accepted engineering
practices. Each bend Resolution
of the'Oistriot shall 'specify the exact principal amount of the
Ronde to be issued thereunder, -which shall mature within the
maximum period, and shall' bear interest not exceeding the
maximum allowable rates, permitted by lave and each bond
Resolution shall creste and provide for the maintenance of a
revenue 'fund, an interest and sinking fund, a debt service
reserve fund, and any other funds deemed advisable, all in, the
manner and "ounts as provided in such Bond Resolution.
Section 3 , 01, Quantity and Points Of -212tX i, (6) Except
MIX -lOM
for reasonably small fringe areas which could be more
effectively served by other means, Argyle agrees that during
each Annual Payment Period while the system is in operation, it
shall be obligated to transport and discharge into the System
at its Point of Entry, all of the Wastewater which is generated
and collected within its boundaries, subject to the
restrictions hereinafter stated,
(b) The combined maxim" hourly rate at which
wastewater is discharq*d by Argyle at its Point of Entry shall
not exceed a rata which, if icontinued for a period of
twenty-four hours would equal 3,5 times the estimated average 1
daily contributing flow of Wastewater for the then current
Annual Payment Period, The totalquantity of Wastewater
discharged into the System shall never exceed the amount which
the System it capable of receiving, treating, and disposing,
j unless approved by the soard, subject to the term, and
j I conditions to be established by the District. Notwithstanding
the foregoing, no Participating Member shall ever maka any
discharge into the System which would cause the System to be
overloaded or be in violation of its permits from the state
and/or the United states of America
(c) Wastewater meeting the quality requirements of
Section 3*03 of this Contract will be received into the system
at the Point of ltntry, shown on Exhibit A hereto, which Exhibit
is attached hereto and incorporated herein for all purposes,
<,or Argyle, or at such other Points of entry that may be
established by mutual agreement between the District and
0631x .1.
Argyle, if such other Points of Entry Ara determined by the
District to be economical and beneficial to the system, and if
Argyle pays the costs thereof,
(d) It is the intention of the parties hereto that the
System "shall be acquired, construoted, extendad, and improved
so that at all reasonable times it will be capable of
receiving, transporting, treating, and diaposing of all
eligible Wastewater generated within the `collection system of
each Participating Member which such Participating member
(:slivers to its Point of Entry, With prior written approval of
i
Argyle, the bisirict will'from time to time issue its Bonds in
f
such ;amoun~;r at are, within its Judgment and disoretion,
sufficient to'achievs such results
Section 3,43 ,delay, The obligation of the District
to receive into the System such wastewater depends upon
4 compliance by Argyle with the provisions of this Section,
General Objectives of Quality rte +i mend,
in order to permit the District to properly treat and
dispose of Argyle's Wastewater; to protect' the public health;
and to permit cooperation with other agencies which have
requirements for the protection of the physical, chemical, and
bacteriological quality of public waxer and water courses, and
to protect the properties of the system, Ar;rjle agrees that
(A) Admissible gisaharges into Dist . t' s syste
m.
Dischargws into the System shell consist only of Wastewater and
other waste frse from the prohibited constituents listed on
Exhibit h, and limited in 840,04, Suspended golide, dissolved
-12.
MIX
y
sulfides, and pH as provided in said Exhibit s, which is
attached hereto and incorporated herein for all purposes,
(b) prohibited Discharn• *.smtr,.~+3.~"s 3ubieat
chat, Notwithstanding the foregoing provisions of this
Section, this parties hereto agras and understand that the +
District has a responsibility to operate the System in a
cost-•ifeative, environmentally safe manner and that federal
and state regulatory agencies periodically modify standards on
prohibited dischargesf thorefore, revisions to, additions to,
or deletions from the items listed or incorporated in this
Section may become necessary in the future to comply with the
requirements applicable to the District and such revised
standards, it is the intention of this Contract that
prohibited discharge requirements be reviewed periodically by
the District and 'revised in accordance with the latest
A
standards of any federal or state regulatory agency having
it jurisdiction over such standards, any required revisions shall
be made and written notice thereof given to each Participating
Member, Each Participating Member shall be responsible for
integrating such changer into the local industrial waste
ordinance, rtsdlution or regulation and notifying all affected
users of the change within ninety days follwoinq written notice
to the participating Member of such changes. Any such change
shall automatically be incorporated in Exhibit a hereto, to the
extent applicable,' unless an objection from a participating
member shall be tiled with the District within' 60 days, in
which case the District shall hold a hearing relating to such
•13~
0631x
change or changes prior to incorporating such change or changes
in Exhibit B.
(a) To determine normal quality of Wastewater, the
District will collect samples of Wastewater at each Point of
Entry and cause saaoe to be analysed in accordance with testing
procedures as set forth in the latest edition of standard
Methods a EMLMI.,.,iOn ~Vwt..r and Wastgw_atar, published by
American Public Health Association, Inc,, or by such other
procedures as may be established or authorised- by the Board,
Composite samples may be taken monthly, or at other intervals
as necessary to determine Wastewater quality, Such Wastewater
shall not exceed the limits of concentration' specified in
Exhibit ,8 -for Normal Wastewater,
Should the analysis disclose concentrations higher than
those listed, the District immediately will inform Argyle o!
the violation of this Section, and such discharges, shall cease
j immediately, However, with the approval of the District,
i
J Wastewater with concentrations of SOD and TS8 greater than
specified above may be discharged by argyle into the System on
an omergepcy and temporary basis, subject to the payment of a
surcharge (in addition to all other payments required by this
Contract), which surcharge shall be determined by the District
and shall be in an &Wunt sufficient to cover and, pay for all
additional costs of transportation, treatment, and disposal
related to such excess concentration discharges,
Section 3,04, Motgring of,yA tewa are Argyle agrees to
furnish and install at its own expense at the Point of Entry ,
-14» .
0631x
f
standard type' devices and equipment and related facilities for
measuring and sampling all wastewater to be discharged into the
System,- The design and construction of such enters shall
conform to the requiremAnts of the District, or its designee,
and plans therefore shall be submitted to the District for
prior approval, Upon completion of construction and acceptance
by the Distriot, the ownership of the mater facilities shall
be conveyed to the District or its designee. The District, or
its designee, will operate and maintain at its expense the
measuring equipment and devices so install*d, accepted and
conveyed, Such meters And _other equipment shall remain the
property of the District or its designee. The District or its
designee may from time to time inspect, calibrate, and adjust
its motors as necessary to maintain accurate measurements of
the Wastewater entering the System, Argyle shall have access_
J to the metering equipment at all reasonable timer for
inspection and examination, but the reading, calibration, and
adjustment thereof shall be done only by employees or agents of
the District or its designee, If requested, Argyle may witness
such reading, ;calibration and adjustment of meters. All
read,ings< of motors will be entered upon proper books of record
maintained by the District or its designee4 Argyle may have
access to said record books during normal business hours.
Argyle may request, in writing, that the District calibrate its
meter or motors. The District will make or cause to be made up
to two such calibrations in any fiscal year at ng chargo to
the requesting . Participating Member, AllaL requested
0631x
S
calibrations in excess of two (2) will be made at the expense
of the requesting Participating Member, except when the
accuracy of the meter is beyond the limits specified herein, in
which case the District shall bear such expense. If, for any
reason, any mater is out of service or out of repair, or if,
upon any test, the percentage of inaccuracy of any meter is
found to be in axceas of fives (56) percent, registration
1 thereof shall be corrected for e
period of time extending back
to the time when such inaccuracy began, if such time is
ascertainable, and if not asoertainabl_e, that for a period
extending back one-half '(1/2) of the time elapsed since the
daLo of the lest calibration, but in no event further back than,
a period of six (6) months, Any Participating Member may, at
E its option and its- own axpenae, install and operate a check
meter to check each meter installed by the Distriot, but the
measurement for the purpose of this Contract shall be solely by
i
the Districts meters, except as in this section specifically
provided to the contrary, All such check meters shall be of
standard make, shall be installed in a location approved by the
District or its desigr►ee, and shall be subject at all
reasonable timer to 'inspection and examination by any employ"
or agent' of 'the District, but the`readinq, calibration, and
adjustment thereof shall be made only by Argyle, except daring
Any period when a 'check meter may be used under specific
written consent by the District for measuring the 'a0ount of
Wastewater delivered into the System, in which care the
reading, calibration, and adjustment thereof shall be made by
0631x
9
the District or its dasignee,
Section 3.08., Unit of Meer:romant, The unit of
measurement for Wastewater discharged into the system hereunder
shall be 1,000 gallons, U,S. Standard Liquid Measure,
Section 3,06, Title to and yid
flea naibtl4 4
R° - tY o Treatment and of■ o Wast~~•~~
Liability for damages arising from the transportation,
delivery, reception, treatment, and/or disposal of all
Wastewater discharged into the System hereunder shall remain
Argyle's to the Point of Entry, and title to such West*watar
shall be in the name of Argyle to the Point of Entry, and upon
i
F passing through Point of Entry, title to such Wastewater and
liability for such damages shall pass to the District. As
between the District and Argyle, each party Agrees to indemnify
and to save and hold the other party harmless from any and all
claims, demands, causes of action, damages, losses, coats,
li fines, and expenses, including reasonable attorney's fees,
which may arise or be asserted by anyone at any time on
Y account
of the transportation, delivery, reception, treatment, and/or
disposal while title to the wastewater is in such party, or on
account of a prohibited diaoharge by a Participating Member
The; District has the responsibility as between the parties for
the proper reoeption, transportation, treatment, and disposal
of all Wastewater discharged into the System, but now for
prohibited discharges by any party at any Point of Entry, The
District may after treatment of much Wastewater reclaim and
sell the water, Any net revenues and other benefits of such
0631x X17•
is
reclamation and sale shall be fairly apportioned among the
m4mbers and customers of the District.
Section 3.074 AtQ~ctinc Re t...~,.«.
(a)
Approximately thirty days after the end of each Annual payment`
Period, Argyle shall furnish in writing to the District the
following informitioni
(1) The number of active domestic aewer connections
tributary to the System and which will be served by the System;
(2) The number of commercial
. and business sewer
connections to be nerved by the system;
0) The number of industrial connections to be served
by the System, with name and location of each.`
(4) An i
flow into the estimate of the projected annual wastewater
System by the Participating Member g mbar for. the next'.:
i five (6) years
E The `purpose of this provision is to permit the pistrict
to accumulate statistical data which will enable it to
R plan for
I adequate service and facilitate plans for betterment and future
~J facilities expansion.
n
(b) rndLatriaY r
A&". The off *eta of certain typos of
industrial waste upon sewers and sewage treatment processes' are
such as to require that careful consideration be wade of each
industrial connection. To aoo'Aplish the purpose of the
National Industrial waste' Control prograa,'when Argyle has an
industrial duetoger, Arent shall obtain approval by the u.g,
Environmental Protection Agency of it#s industrial waste
pretreatment program or contract with the District or its
0631x .,l8.,
designee to administer the program for Argyle, If Argyle
chooses to adminioter its own program, it shall regulate by
permit the discharge of industrial waste generated by a SIU
into its sewer system, and will authorize discharge of
industrial waste into its sewers suhject to the 'general
provision that no harm will result from such discharge and
subject to the filing by applicant industry of a-statement,
copy of which shall be forwarded to the District, containing
the following informations
(1) Name and address of applioantl
(2) Type of industry
(3) Total quantity of plant waste produced)
(4) Quantity of plant wastes proposed to be discharged!
(5) Typical analysis of the waste;
(6) Type of pre-treatment proposed.
To facilitate inspection and control of industrial waste,
Argyle will require industries - to separate industrial waste
from sanitary sewage until such industrial waste has passed
through a monitoring portal which shall be located so as to be
accesslble at all -timt to inspectors of Argyle and the
! District. if inspection indicates that - damage might result
from the discharge the permit shall be revoked unless and until
the industry promptly , establishes acceptable remedial
Measures, As deaessAry and indicated, the District will
collect and analyse samples of all wastewater in accordanoe
with Section 3.03 at eanh point of Entry, Such Wastewater
i
shall not contain prohibited constituents or exceed the limits
-19
4631%
of concentration specified in Section 3,03 of this Contract,
Should the analysis disclose prohibited constituents or
concentrations higher than those stipulated the District
immediately will inform Argyle of such unauthorised wastes, it
shall be the obligation of Argyle to require the offending
originator of said pasta to immediately initiate and undertake
- \ remedial pre-treatment or other legal means' before further
} discharge into such Participating Members sewers,
(c) Drainancem Baaalutins ordU, Argyle agrees
that it has enacted or will enact on a timely basis ordinances,
resolutions, or orders, as appropriate, as necessary to include
the following provisionsi
(1) For each existing and future SIU, Argyle shall
require said user to complete and submit a
permit application
containing information
specified in a sample application farm
k to be furnished by the District, The District shall be
provided a copy of the permit application within thirty days
after receipt by Argyle, The District shall provide,written
comments to Argyle regarding said application within thirty
daps of receipt, Failure to comment shall be construed as .
concurrence by the District
Alter approval of the Permit ,application; by Argyle,
Argyle shall issue~ a discharge permit Uontaining standard
requirements as specified in a sample permit form to be
furnished by the District, Said discharge: permit shall be
required of all SIU's before said user will be allowed to
discharge industrial wastes into the swage system$ The
-Z0
0631x l
Y
s
District reserves the right upon notice to Argyle to review all
permit Applications and the proposed permit before issuance,
In the absence of such notice, such review and issuance shall
be accomplished by Argyle without the necessity for District ,
review and approval, subject to periodic inspection of records
by the District. It is mutually agreed that unless Argyle
f obtains approval by the U,S. Environmental Protection Agency of
its industrial Pretreatment Program that it will contract with
the District or its designee to administer said pretreatment
program and will pay the cost of such program, including all
monitoring, sampling and testing or will cause said cost to be
paid by the affected industry.
(2) Argyle shall require Significant Industrial Users
+ to oomply with applicable Federal Categorical pre-treatment
j
Standards as well as any applicable state and local standards,
(3) Argyle shall maintain certain information
contained in permit
applications as confidential at SIU'x
,
I request.
(4) Argy!+ a shall- not allow a user to employ dilution
as a means of reducing pollutant concentrations in an 8IU's
waste stream.
(6) Argyle and the District or its designee shall be
authorised to enter SIU premises at any tiaa for independent
monitoring, inspection, or.; review of applicable records to
determine compliance
(6) Argyle shall develop and require adherence to S%U
compliance schedules.
-21-
0631x
y
(7) Argyle shall require self-monitoring and reporting
at SIU's expense,
(9) Argyle shall choose or approve laboratory to
analyse industrial waster,
(9) Argyle shall require SM s to pay applicable fees
fora
(i) sampling and testing to determine
compliance)
-(ii) disconnection/reconnection of service
resulting from noncompliance?
(iii) excess concentrations above the criteria
E for Normal wastewater!
(iv) additional costs incurred by Argyle or the
District in ; transporting or treating
I wastes ,and , / .
(v) filing, revision, or renewal' of Permit
j Application
1 i (10) Argyle shall provide prompt notification to the
permit holder and the District for instances of violation,
(11) Argyle shall deny/revoke permit$
disallow/disconnect service, arsass civil or criminal
pendlties, and seek other available legal and equitable
remedies against AID for#.
(i) discharge to $average system resulting in
violation of applicable I~fnp discharge
permit conditions
022
0631x
9
{ii) hazard to health or life of p0'1^W personnel
or users of receiving waters:
(iii) violation of any applicable ordinance or
i
regulationt and
(iv) false information transmitted to Argyle
through permit Application, monitoring
reports, etc. I
Argpla shall furnish to the District all documents and records,
in addition to those outlined herein, as necessary to
demonstrate compliance by all industries,
Section 3408. Other PoatrAct
(a) The District
reserves the right to enter into contracts to provide the
Wastewater services of the systam to Additional Participating
Members under contracts similar to this Contract. Laoh contract
with any kdditional participating Member Shall comply with the
t requirements of this Contract, shall substantially restate the
essential provisions of this Contract, and shall be structured
to be similar hereto to the fullest extent applicable and
practicable, with such additions or changes as are necessary to
most the actual circumstances, with the effect that each
Additional Participating Munber will substantially adopt the
i
provisions of this Contrast, as supplemented and necessarily
changed
by its contract, However, the District shall not
obligate itself to receive wastewater into the System from a
future Additional Participating Member if, in the judgment and
discretion of the District, such obligation would jeopardiss
the District's ability to - most its obligation to receive,
-23
0632x -
1
r;
A
j1
J
transport, treat and dispose of t, .tswator discharged into the
system by prior Participating Moms a, including specifically
Argyle,
(b) It is further recognized and agreed that in the
future the District may provide services of the system to
parties_ which are not Additional Participating Members,
provided that all such services of the System to parties which
are not Additional Participating Members shall in all respects
be subordinate to the prior rights of the Participating
Members, and all contracts _or` other arrangements relating to
such services shall reaognise# and be made subordinate to, such
prior rights,
(a) The parties hereto rocognise;and acknowledge that
it is the policy and practice of the District that any other
party that desires to receive service from the System shall
contract directly with the District to become a Customer of the
District or a Participating Member, However, in exoeptional
circumstudes Argyle may propose, and with the approval of the
District, may negotiate- and enter into subcontracts with
another city or other entity for wastewater service, Any such
Wastewater to be discharged into the system under such
subcontract shall be "nerated within the planned boundaries of
the System, but outside the boundaries of Argyle* and shall ba
discharged into Argyle's sewers, to be transportW- into the
systep► at Argyle Iis point of antry along with Argyle's
Wastewator, In such case the additional Wastewater shall be
regarded as, being Argyla,s wastewater for all ¢urposos`of this
0631x "?4`
Contract, If 'such arrangement is approved by the District, the
consideration as between or among such cities or other entities
may be determined by Ouch parties, but no such transaction
shall relieve Argyle of its obligations to the District under
the terms of this Contract,
(d) The District reserves the right to contract with
contract Members.
Section 3009, Customer Adyi.nriv no,aw, (a) The
governing Body of each of the Participating Members annually
may appoint one of the members of its governing body or one,of
I
4 its employees as a member of the Customer Advisory Council for
i ,
the District, which Council is hereby `created And established$
j '
The Council, at its first meeting, shall elect a C?Airman, e
Vice Chairman, and a Secretary, The Council may establish
I ,
bylaw governing the election of officers, s"ting' dates and
other matters pertinent to its function, The Council shall
E consult with and advise the District and the Board with regard
to the.following matters
pertaining to the Distrioti
(1) The issuance of Bonds
(ii) The operation and maintenanceof the District and
the Systeal
i (kii) Contraots'for cervices to Customers)
1 (iv), The District's Annual Budget, prior to its
submission to the Board
(v) Reviev,of the District's annual audit)
(vi) All other pertinent matterst relating to operation
of the District and the Systemp and
4631x -2b"
improvements and extensions of the System,
The Council shall, have access
reasonable to and may
inspect at any
times all physical elements of the
records and accounts of the District System and all
fb) The pertaining to the system,
term of membership on the Council shall be at
the Pleasure of each
governing body represented, respectively,
and each member shall s
body All ex erva until replaced by such governing
j under expenses of the Council In discharging its dutiem
this Section shall
haintenance tx considared as an
Pense of the District, Operation and
Section 3,14.
Pisaa f p , ,
terms and (a) Subject to the
previsions of this Contract
i provide or contract for and + the District will
pay for the coat of the 3yyte00_ It
ie acknawledQed and agreed that
payments to be amide
Contract and similar contracts under this
with Additional participating
! Members, if any' will be the prima
District i'Y sourai available to this
i ~ to provide the Annual R
the District's duty ~Niresant.. In 0001plisnce with
Y to fix and from time to time to revise
rates and charges for services the..
Of the System, the Annual
Requirement maY.change from tlsw to tiaw, Each s
Requirement shall uch -J►nnual
be allocated among the Partici
ae hereinafter provided Wtiaq Members
, and the Annual Re
Annual Payswnt Period qutreswht fore. each`.
shall be Provided for in each Annual
Audget and shall At all hero be not less th
sufficient to pay or provide for the an an amount
payment of,
(A) An Aftunt equal to the amount paid or Payable
all 0"tAtlan and haintenanae b for
xpensea t and
063ix »25,.
y
t
(B} An amount deemed appropriate and necessary by the
Board to be required as a special reserve for
operation and maintenance expenses of the System
or for capital improvements. Any such reserve
shall be used as operating capital for Operation
and Maintenance Expenses, for emergency expenses
and a fluctuating reserve for 'additions to or
shortfalls in the annual revenues of the System.
The normal level of such reserve shall not exceed
254 of the annual operation and Maintenance
r
Bxpenses (estimated to be approximately three (3)
I months expenses),
Section 3,11, Annual Budget, Lach Annual Budget for the
System shall always
provide for amounts sufficient to pay the
Annual Raquirement, The Annual Budget for the System for all
or any part of the Annual Payment Period during which the
1 System is first placed into operation shall be prepared by the
District based on estimstes made by the District. On or before
Li '
June 1 of each year after the System is first placed in
operation, the District shall furnish to each Participating
Member a preliminary estimate of the Annual Payment retuirsd
r
from each Participating Member for the next following Annual
Payment period, Not less than forty drys before the
commenosment of the Annual Payment Period after the System is
first placed into operation, and not less than forty days
before the commencement of each Annual Payment Period
thorlafts'r, the District, shall cause to be prepilvd as herein
-2
063!,x 7-
y
provided its preliminary budget for the System for the next
ensuing Annual Payment Period, A copy of such preliminary
budget shall be filed with each Participating Member for review
before action by the Board, Any Participating Member may
submit comments about the preliminary budget directly to the
Board. The Board may adopt the preliminary budget or make such 1
amendments thereof as to it may m4em proper. The budget thus
approved by the Board shall be the Annual Budget for the next
ensuing Annual Payment Period. The Annual Budget (including
the first Annual Budget) may be amended 16y the District at any
time to transfer funds from one account or fund to another
j account or fund so long as such transferwill not increase the
total budget., The amount fox any account or fund, or the
amount for any purpose, in the Annual Budget may be increased
through formal action by the Board even though such action
r
alight cause the total amount of the Annual budget to~ be
M
sxoeededj provided that such action shall be taken only in the
' event of an emergency or s
peoial circumstances whit^It shall be
;`.--,j clearly stated in a resolution at the time such ac~...on is taken
by the board,
Section 3411. Pamats by JMrt,t Q1O. ing (a)
ror the Naetovatez services to be provided to the participating
Xisabers under this Contser')t, each of the Participating KeMb#vla
aura to payo at the time and in the manner hereinafter
provided, its proportionate share of the Annual Requirement,
Mach of the Participating Members shall pay its part of the
Annual Acquirement for each Annual Payment period directly to
0631x
the District, in monthly installments in accordance with the
r. y
schedule of payments furnished by the District, as hereinafter
provided.
(b) Mach Participating Member shall pay a
proportionate share of the Annual Requirement according to the
relative flow contribution it makes to the total System flow,
The District shall estimate its cost per 1,000 gallons of flow
and shall establish a prise per 1,000 gallons of flow for
purposes of determining the monthly payment to be made by each
Participating Member,
(a) it is provided, however, that in estimating costs
for services the District is specifically authorised, in its
discretion, to include in such estimate of costa reasonable
contributions to reserve funds, This fiscal policy is
expressly approved by the Participating. Members and is -deemed
h by the parties hereto to be beneficial in the fiscal management
of the system, and will assure the timely availability of funds
i
even under unexpected circumstances# Upon receipt during soy
i
Annual Payment Period of an amount sufficient to meet irtOhe then
current _ Annual Budget of the System for the remainder of she
then currant Annual Payment Period, the District shall deposit
subsequent revenues received into, appropriate reserve or
contingency accounts, unless otherwise specifically hereinafter
provided in the bvent of unexpected or additional Annual Bud"t
regnirom*nts, If there is a shortfall in ravanuea; the
District may withdraw from the ressrves, adjust: the Annual
Requirement, revive -the payment schedule or do any coubination
.29-
0631x
thereof.
(d) All such payments for each Annual payment Period r._
shall be made in accordance with a written schedule- of payments
for the appropriate Annual Payment Period which will be
supplied to each of the Participating Mamb~rs by the District.
Such schedule of payments may be based on the use of monthly
flow volumes as determined by meter readings or estimates of
flow or may be based on other factors determined by the
_i District, but in no case shall a Participating 'Member's Annual
Payment requirement exceed its pro rata share of the System
f cost. At the close of each Annual Payment Period the District
shall d*termine the actual metered number of gallons of
contributing flow of Wastewatar discharged' into the System by
i
each Participating Member during said period and wake
adjustmsAts in billings that may be indicated.
(e) notwithstanding the foregoing, the Annual
Requirement, and each Participating Member's share thereof,'
shall be redetermined, aftor consultation with each of the
Participating' Members, at any time during any Annual Payment'
Period, to the *xtont deemed necessary or advisable by the
District, ifY
(i) The District commences furnishing ssrvices of the
System to an Additional Participating Member or
Participating xemborsr
(ii) unusual, extraordinary, or unexpected expenditures
for operation and maintenance expenses' are
required' which are not provided for in the
-30-
MIX
District's Annual Budget or reserves for the
SystvO f
(iii) OparLtion and maintenance expenses of the System
are substantially less than estimated;
(iv) The City of Argyle authorizes the District to
rr issue gondst or
(v) The District receives either significantly more or
significantly less revenues or other amounts than
{ those anticipated.
-
During each Annual< Payment Periods all revenue
I received by the District from providing services of the System
to parties which are not Partict•e,'-ing Members shall be used to
help cover the costa of the System, all payments made by
{ Contract Members and all surcharges collected frog any -.'ustomer
or Participating Member under Section 3.03 of this Contract
i~
i shall be used to cover other costs of the System and of the
District.- Under any of the provisions of this - Subsection (f),
l~
the revenues, payments and surcharges shall 'not be used to pay
expenses which are the obligation of Argyle under this Contract,
(q) Each Participatipg Member hereby agrees that it
will make payments to the District required- by this Contract
within, 20 days of the data a bill for service is tendered, Zf
any participating Member at any time disputes the amount to be
paid by it to the District, such compl&ining party shall
nevertheless promptly make such payment or paymentat but if it
is subsequently determined by agreement or court decision that
such disputed payments mada by Argyle should have been lass, or
.31
0631x
more, the District shall promptly revise and reallocate the
charges to Argyle in such manner that Argyle will recover its
overpayment or the District will recover the amount due it.
All amounts due and owing to the District by each Participating
Member or due and owing to any Participating Member by the
District shall, if not paid when due, bear interest at the rate
/ of ten (10) percent per annum from the date when duo until paid.
f
(h), The District shall, to the extent permitted by
i
law, discontinue the services of the System to any
Participating Member which remains delinquent in any payments
I
due hereunder for a period of sixty days, and shall not resume
such services while` such Participating Member is to
delinquent. However, the District :hall pursue all legal
I-
remedies against any such delinquent Participating Member -to
j onforce and, protect the _rights of the Districts the other
Participating Members, and the holders of the Bonds, The .
1 delinquent Participating Member shall not be relieved of the
' liability to the District for the payment of all amounts which
would have been due hereunder had no default occurred. If any
amount due andowing the District by any Participating Member
is placed with •n attorney for colloction, such Participating
Member shall `pay to the District all attorneys, feast in
addition to all other payments provided for herein, including
int~rast~
(i) if, during any Annual Payment Period, any
Participating Member's Annual Payment is rodeterminod in, any
manner as provided or required in this Section, the District
•32-
063lx
{l
S
will promptly furnish such Participating Member with an updated
schedule of sonthly.payments reflecting such redetermination,
Section 3.13, Miscellaneous Provis oni,, (a) The
District will continuously operate and maintain the System in
an efficient manner and in accordance with good business and
engineering practices, and at reasonable cost and expanse.
(b) Argyle `agreos to carry fire, casualty, public
liability, and other insurance on the Trunk Sewer and other
facilities used to pump and transport the wastewater` to the
System for purposes and in amounts which ordinarily would be
carried by A privately owned utility company owning' and.
operating such facilities, except that Argyle `shall not bs
required to carry liabilityinsurance except to insure itself
against risk of
loss
. . due to claims for which it can, in the,
opinion of its legal.counsal, be liable under the Texas Tort
S claims ' Act or any similar law or judicial decision, Such
insurance will provide, to the extent feasible and practicable,
for the restoration of damaged or destroyed properties and
equipment, to minimiso the interruption of the services of such
facilities,
(c) It is the intent of the parties that the Project
will be placed in operation as soon as practicable, and Argyle
agrees to proceed diligently with the design and construction
of the Trunk' Sewer and metering facilities and that the
District will expedite the Project to moot such oihedule,
subject to the other terms and conditions in this Contract, xf.
Argyle is unable toy or is prevented from, completing the Trunk
W33
-0631x
Y
s
Sewer in a reasonable period of time, this Contract is subject
to renegotiation by all parties thereto,
(d) Argyle represents and covenants that all payments
to be made by it under this contract shall constitute ,
reasonable and necessary operating expenses of its sewer system
within the scope of the provisions of Vernon's Ann, civ, _St,
i
Article 1113, and that all such payments will be made from the
system revenues or any other lawful sources, including ad
valorem taxes, Argyle represents and has determined that the
services to be provided by the system are necessary and ;
j essential to the present and future operation of its City and
wastewater -systems and that the System constitutes the best
long-term method for discharging, receivingr treating, and
disposing of its wastewater, and, accordingly, all payments
required
C by this Contract to be made by Argyle shall "Constitute
reasonable.and necessary operating expenses of Its systomo
reapectively, as described above, with the effect that the
obligation to make such
j payments from any lawful source,
including ad valorem taxes, or revenues of such system,, shall
have priority over any obligation to make any payments from
such lawful source, including ad valorem taxes or revenues of
principal, interest, or otherwise, with respect to all bonds or
other obligations heretofore or hereafter issued by Argyle,
(f) Argyle agrees throughout the tarn of this Contract
to continuously operate and -maintain its sewer system and to
fix and collect such rates and charges or taxes for sewer
services to be supplied by its wastewater system as will
-0b31x ~3~4
F,
produce revenues in an amount equal to at least (1) all of the
' expenses Of operation and maintenance expenses of
or such 'pystem
systems, Including specifically its payments under this
Contract, and (ii) all other
amount as required by law and the
Provisions of the '
ordinance or resolutions authorising its
- revenue bonds or
1 other ob2l9ations
j now or hereafter
outstanding, Including the amognta required
principal of and interest on such bonds to pal` all
'I, and other obligations.
(g) The District covenants and agrees that the moneys
paid to it pursuant to this Contract will not
purposes,' except those directly relating t used for any
to 'the system. Each
of the ;Participating Members covenants and agrees that it will
not use or pormit the us* of the System in an
I would cause the interest on any of the bonds of manner that
e itstriat,or
of the City of Denton to be ar become subject to federal income
-taxation under the Code or any amendments thereto in effect on
the date of iasue of such bonds,
i
(h) Each Participating. Xembex hereby grants to the
District without additional cost to the District, the perpetual
use of the streets, eases►ents
control for the construction o , and righta~of•way under its
peration# and maintenance of the,
5yst*m and the Project.
(i) The Parties hereto acknowledge and agree to the
` Special Provisions which are -eet forth in Exhibit c hereto
which Exhibit is incorporated herein for All purposes$
Section 3.11,
Z2XU-.,.YA4SU"~ xf by reason of force
maf*ur* any party hereto shall be rendered unable wholly. or in
b631x -3S•
Nor-
part to carry out its obligations under this Contract, other
than the obligation of each participating Member to make the
payments required under section 3.12 of this Contraot, then if
such party shall give notice and full particulate of such force
majoure in writing to the other parties within a reasonable
time after oocurranoe of the event or cause relied on, the
obligation of the party giving such notice, so far as it, is
affected by such force majeure, shall be suspended during the
continuance of the inability than claimed, but for no longer
period, and any such party shall endeavor to remova or overcome
The term "force
a:toh inability with all reasonable dispatoh~
strikes,
xajeure" a sAlployed herein shall mean :eta of Clod,
lookouts or ; other industrial' disturbances, iota of , public
enemy, orders of any kind. of the Government of the Uftited
States or the State of Texas, or any Civil or :military
I
insurrection, riots, epid*mics, landslides,
~ authority,
i lightning, earthquake, fires, hurricanes, storms') floods,
washouts, droughts, arrests ' restraint of government and
I
people, civil disturbances, explosions, breakage or accidents
to machinery# pipelines or canals, partial or entire failure of
water supply# or on account of any other causes not reasonably
within the control of the party claiming such inability.
Section 3sl5 ^""dit~one/hut re eGA" I
To provide the services and to perform the obligations
contamplated in this Contract, it is the intent of.both Argyle
and the District to make interim use of surplus capacity in
pipelines, treatment horks and other facilities of City of
.36-
063lx
Y
Denton, To that and, the District has entered into a contract
with the City of Denton, a copy of which is incorporated herein.
60 Exhibit D, it is expressly understood that the Denton
Contract may require the District to participate with the City
of Denton in the construction of expanded or additional
pipelines, 'treatment works or additional facilities in order to
1 assure the capability to transport and treat the wastewater to
j be discharged by Argyle into the System. The District retains
the right and option to 'construct its own facilities br to
contract with parties other than the City of Denton, if in the
District's judgment such other' facilities or contracts would
allow the District to provide- more dependable or economical
service to Participating Members.
if the District determines that it will pe neoessary to
construct capital facilities in order to fulfill its
obligations under this Contract, the District will notify
Argyle and will discuss alternatives with Argyle. Yf the
construction of such facilities requires the sale and issuance
of bonds, it is understood and Argyles agrees that it will enter
into an amended, acceptable contract with the District lsgally
and factually sufficient to allow the District to issue the
District's Bonds, The District will make its best- and
reasonable efforts to sell said Bonds, The District will make
use of the temporarily surplus facilities of the City of Denton
as long as such facilities are adequate, available and
advantageous to the District and Argyle, However] because this
Contract is for an extended period of time and because Argyle
.37
0631x ~
j •
+1
it
desires assurance of service for the entire term of the
Contract, the District reserves the right and recognises its r
duty to take such action es may be necessary to fulfill the
requirements of the Contract. Argyle recognizes and agrees
that the District can behalf of Argyle, and other Participating
Members, may have to develop and implement plans not
contemplated at the date of execution of this Contract,
Accordingly, Argyle agrees to enter into an amended contract on ,
reasonable terms as may be required to allow the District to
fulfill its obligations hereunder, Otherwise, the District may
declare the contract to be in default and to give reasonable
j notice of termination of service hereunder.
section 3,16, Term cf c_ cntractti Modifications Noticarr'
State or radaral laws, Rules. Crdarr or Recu_lationr, (a) This
I Contract shall be effective on and from the Contract Date,.aod
i
shall continue in forgo and effect until September If 20101,
provided, hoaaver, the term of the Contract and the expiration
date may be extended for a'period not to exceed 20 years at the
option of Argyle, upon the mutual agreement of Argyle and the
District as to the terms and conditions The District's
obligation to provide the contracted for services _shall
commence from the date that the District, in writing, deems the
System operational and functional to receive, treat,; and
dispose of wastewater from any Participating Member. This
Contract 'constitutes thw sole agreement between the parties
hereto with respact.to the Project,
(b) Modi oa ton, No- changet amendment or
-38-
0631k
rl
modification of this Contract shall be made or be effective
which will affect adversely the prompt payment when due of all
moneys required to be paid by Argyle and no such change,
amendment or modification shall be made or be effective which
would cause a violation of any provisions of any eusequent Bond
Resolution,
(c) Addresses and Notice, Unless otherwise provided
herein, any notice, communication, request, reply or advice
i
(herein mover ally and collectively, for convenience, called
"Notice" herein
provided- or `permitted to be given, made or '
accepted by any party to any other, party must be in writing and
may be given or be served by depositing the came in the United
f states mail postpaid and rsgi■tored or certified and addressed
to the party to be notified, with return receipt requested, or
{ by delivering the same to an officer of such party, or by
h
prepaid telegram when appropriate, addressed to the party to tie
notified, Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be
E
effective, unless otherwise stated herein, from and after the
expiration of three days after it is so deposited. Notice
given in any other manner shall be effective only if and when
received by the party to be notified, For the purposes of
notion, the addresses of the parties shall, until changed as
hereinafter provided, be as follows:
it to the District, tol if to Argylo, toy
upper Trinity Regional City of Argyle
water District p.01 Sax 1035
394 N, ;Main Street Argyle, Texas
76424
p.'0. Draver 306
lAwisvillo, Texas 75067-
.39-
0431x
1
The parties hereto shall have the right from time to time
and at anytime to change their respective addresses and each
shall have the right to specify as its address any other
address by at least fifteen (15) days, written notice to the
other parties hereto,
(d) State or Federal Laws. RU128, Ordsrs or
RagUlations, This Contract is subject to all applicable
Federal and state laws and any applicable permits, ordinances,
rules, orders and regulations of any local, state or federal
governmental authority having or asserting jurisdiction, but
f nothing 'contained heroin shall bz construed as a waiver of any
right to question or contest any such law, ordinance, order,
i
{ rule or regulation in any form having jurisdiction,
Section 3,'17, kemedies trncn Default, Yt is not intended'
hereby to specify (and this Contract shall not be considered as
specifying),an exclusive remedy for any default, but all such
other remedies (other than termination) existing at law or in
4
equity may be availed of by any party hereto and ''shall be
cumulative, Recognizing however, that the Oistriotls
undertaking to provide and maintain the services of the System
is an obligation, failure in the performance of which cannot be
adequately cos"nsated in money damages alone, the District
agrees, 'in the event of any default on its part, that each
Participating M&Wmr shall have Available to it the equitable
remedy of mandaa►us and specific performance in addition to any
other legal- or equitable remedies :(othoar than termination)
which may also be available. Racogni:ing that failure in the
performance of any participating Member's obligations hereunder
r4Or
0631x
could not be adequately compensated in money damages alone,
each participating !!ember agrees in the event of any default on
its part that the District shall have available to it the
equitable remedy of mandamus and specific performance in
addition to any other legal or equitable remedies '(other than
termination) which may also be available to the District.
Notwithstanding anything to the contrary contained in this,
Contract, any right or remedy or any default hereunder, except
the right of the District to receive the Annual payment which
i
shall never be determined to be waived, shall be deemed to be
conclusively waived unless assorted by a proper proceeding at
law or in equity within two (2) years plus on (1) day after the
? occurrence o£ such default, No waiver or waivers of any breach
or default (or any breaches ordefaults) by any party hereto or
{ of performance by any other party of any duty or obligation
hereunder shall be deemed a waiver theroof in the future, nor
j shall any such waiver or waivers be doomed or construed to be a
waiver of subsequent breaches or defaults of any kind,
character or description, under any circumstance.
Section 3,18, 9axagabi itv. The parties hereto
specifically agree that in case any Pao or more of the
snations, subsections, provisions, clauses or words of this
Contract or the application o~ such sactions, subsections,
provisions, clauses or words to Any situation or circumstance
should be, or should be held to be, for any reason, invalid or
unconstitutional, under the laws or constitutions of the state
or the United States of America, or in contravention of any
41-
-
063lx
t
such laws or constitutions, such invalidity, unconstitution-
ality or contravention shall not effect any other sections,
subsections, provisions, clauses or words of this Contract or
the application of such sections, subsections, provisions,
clauses or words to any other situation or circumstance, and it'
is int*nded -that this contract shall be severable and shall be
construed and applied as if any such invalid or unconstitu-
tional section, subsection, provision, clause or word had not
been included herein, and the rights and obligations of the
parties hereto shall be construed and remain in force
accordingly,
Venue, All amounts due under this
Section 3:19.
t Contract, including, but not limited to, `payments duo under
this Contract or damages for the breach of this Contrsot, shall
l ~
be paid and be due in Denton County, Texas, which is the County
in which the principal administrativeoffices of the Authority
j are located, it is specifically`agrred among the partira to
w
j this Contract that Denton County, Texas, its the place of
performance of this Contract3 and in the event that any legal
proceeding is brought to enforce this Contract or any provision
hereof, the same shall be brought in Denton County, Texas.
IN VIM BS WMZ01P0 the parties hereto ` acting under
authority of their respective governing bodies havw caused this
Contract to be, duly executedin several counterparts, each of
-42.
063lx
F
11
which shall constitute an original, all as of the day and year
first above written, which is the date of this contract.
UPPER TRINITY REGIONAL
WATER DIS'T'RICT
BYt
President, Board of Directors
ATTEST s,
Secretary, Board of,Direotors
(AUTHORITY SEAL)
i ~
I
APPROVED AS TO FORM AND LEGALITYt
E
{ Counsel for the Dist-riot CITY OF 'ARGYLE, TEXAS
i
Bye'
Mayor, city of Argyle, Texan
ATTESTt
[ City Secretary, City of
Argyl*, Texas
i' APPROVED AS TO ?OftM t
.
City Attorney
City of Argyle, Texas
w43
0631x -
t
EXHIBIT A
Point of Entry for Argyle
(TO HE SUPPLIED)
i
I ~v~
i
i. I s
-44-
463Lx
s
EXHIBIT B
smulsified oils and Gasolinet cleaning solvents; non
sand greases t mineral oils) eshe4t cinders;
mulsiftgravel] tart asphalt; ceramic waetest 'plasticsj other
viscous substances) featherst_ hair; rags; Metal; metal filirt e;
glass; wood shavings; sawdust; unshredded garbage; toxic,
corrosive, explosive or malodorous gases; acetylano generation
sludge; cyanides or cyanide or cyanogen compounds capable of
liberating hydrocyanic gas on acidification in excess of 2 mg/1
by weight as CN; radioactive materials which will permit a
transient -concentration higher than 100 micxocurles per liter;
~u l emulsified oil and grease, eXclusive of soaps analyysis an average of 100 mg/l of ether-soluble matter;nacids
or alkalis having s pH value lower than Co or higher then
10.0; and wastewater containing specific pollutant
i concentrations in excess of any of the _numerical limitations
;lamed hereunder shall be prohibited from discharge to the
systems
Maximum Allowable
1111tarit Coned
ntrat~~.+
Arsenic 100`
Barium 1,000
Cadmium so
Chromium
t Copper 500
Lead 500
Manganese
i Morcury 1,coo
Nickel 5
Selenium 1x000
± Silver 0
Zinc 11000
Total Toxic Organics 1,000
Raggiv-2mantt fo" Normal Wastewater
(a) 91~hamiCal exva.n Denfand (.'a.n.~ 8,0ID. Of
Wastewater delivered to tha Systeaa, as determined by standard
methodsi _shall not exceed 250 tag/1d
(b) Total su•n.ndsd 5n ida, t'otal' Suspended Solids
delivered to the Systeta as determined by Standard Method;;,
shall not exceed 250,00/1,
o The pH of
waotewatar del vexed to the system shall not be ewer than 6.0
nor higher than 1.0.0. No acids shall be disohtarged into the
System unless neutralized to a pH of 6.0 or afore.
(d) fide ~onaantra Dissolved
sulfides in Wastewater at the point of delivery to the System
shall not exceed 0,1 mg/1,
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(e) In the event, there, is any conflict between this
Exhibit a and applicable ordinances or regulations of the City
of Denton, those of the City of. Denton shall govern r~
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EXHIBIT C
Special Provisions for the City of Argyle, Texas
The provisions of this Exhibit C form a part of the
Contract and are applicable to the District and to Argyle as if
set forth in the body of the Contract,
1) 'In this Contract, the terip "Trunk System„ shall
mean the wastewater outfall pipeline used to, transport
wastewater from Argylo's collection system to City of Denton's
yastowater interceptor in Hickory Creek, which pipeline shall
be constructed, owned, operated and maintained by, at the
expense of and for the benefit of Argyle,
21 The District and Argyle agree that subject to the
approve of any city having jurisdiction over such customer,
j Argyle may contract with retail customers along the route of
the Trunk System at Argyle's expense, Unless otherwise agreed
in writing, such customers shawl be coneidored to. be oustw"rs I
of Argyle whether in or out of the City of Argyle and Argyle
shall take full responsibility for the wastewater -quantity and
C4umlity and for enforcement of the provisions of this
contract, 'rho flow for such customers shall be included in the
41o+w moterod'at the point of Entry and shall be included in all
bills rendered to Argyle.
3) Performance of this Contract by both parties will
necessarily be accomplished in phases and will require the
utmost in cooperation, trust, goodwill and due diligence,
i Subsequent phases will require additional or
amended
agreements. Nonetheless, it is the intention and commitment of
I both parties that this Contract will provide the basis for
long-term wastewater treatment services adequate for Argyle's
€ future noods, growth and economic development,
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4) Phase r is defined herein as the project. Argyle
has the responsibility under Phase 1 to'construct# operate and
maintain a Trunk System to connect to the Donion Interceptor in
Hickory Creek to make available the services of the System se
defined herein. The District has the responsibility to
nogotiato rates and charges with the City of Denton, to plan
for future needs of Argyle, to coordinate the needs of services
for Argyle with other customers of the District and System, and
upon' notice from the City of Denton, to negatiate a Joint'
Development Contract for permanent treatment plant capacity for
argyle and other Partioipating Members of the aystes, and to
represent Argyle,e interest in regulatory proceedings as may be
indicated.
5) The District acknowledges its duty under the
Contract to carry out its responsibilities with due diligence
and in a proficient manner so that the services provided will
.,47-
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be adequate and at reasonable costs, Argyle recognizes_ its
duty to pay its prorata share of costs associated with the
contract between the District and Denton, and to pay other
direct expenses •the District associated with providing the
service provided for in this Contract, and together with all
Participating Memb*rs, Contract Members and Customers of the
District to pay a pro rata share of the general administrative
and planning costs of the District,
parties acknowledge that "Denton County Water
and Wastewater o Study --r Regional Master Plan for the Year 2010"
indicates an intention to serve a small area south and
southwest of argyle through a common wastewater line through
Argyle connecting with the Denton Hickory Creak Interceptor.
H6wever, both parties agree that such service is not provided
for in this Project. If such service is proposed at a future
date, any use of the Trunk System being constructed by Argyle
as part of this Project will xequirt, agroatent by Argyle and
appropriate compensation'to Argyle.
7) Argyle agrees to use its la:reul powers to require
parties to connect to a wastewater' oollection system under
reasonable rules as such collection system may be extended from
time to tistie.
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AI'AtM
Y
INTaRi1R WASTEWATER TUATUM SERVICES CONTRACT
BETWEEN TIE CITY op DENTCNO nZ" MM
TU appaR TltrxrTy naiom WATER DISTRICT
This Agreement is made between the Upper Trinity Regional
i
Water District (the bistrict) , a conservation and reclamation'
district created pursuant to Article xvi, Section 59 of the
i Constitution of the State of Texas
, and the City of Denton
(Denton), a municipal corporation of the state of Texas.
E hE
The District proposes to develop a regional wastewater system `
k ; in the Denton County area and ' I propose
s to enter into contracts with
entities (participating Metabers) to provide regional wastewater €
services to those entities. Denton owns and operates a wastewater I
' I f
1 collection, treatment, and disposal system in Denton County, Texas,
and the District desires to utilize the excess capacity of the
Denton system for the collection, treatment, and disposal of the
membersI wastewater.
The "Denton County Water and Wastewater Study-Regional Master
plan for the Year 9010", recommends that certain portions of Denton
county be provided regional wholesale wastewater service through
the Denton wastewater system, Denton has agreed to provide
wastewater services for the District on an interim basis, with the
expectation and on the condition that the District will in the
future enter into another contract with Denton to provide for the
joint planning, funding, and ownership of additional wastewater
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collection and treatment facilities to serge the future wastewater
requirements of both the District and Denton,
In consideration of the recitals and the mutual promises of
each, {bs District and Denton agree as follows:
ARTICLA I
QZUP L
1.1. Defiaitioas, ~
"Mayor Industrial/Commercial User" shallmean any user of a
l participating Kembtrts wastewater system that:
(a) discharges 50,000 p
gallons or more' of wastewater per average work day t
(b) is regulated by the categorical Pretreatment Stan
` dardst or
(c) it found by Denton to discharge wastewater which can
cause deterioration of the sewer system facilities or
is detrimental to the biological process of the
treatment,plant.
"Participating Member" or "Member" shall seen any entity that
contracts with the District to provide wastewater treatment and
disposal services, all or part of which are to be provided by
Denton under this Agreement.
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"Pretreatment service Program" means:
1
(1) Wastewater treatment by 'a major industrial/ commercial
I
s user before it is discharged into a public sewage system
when necessary to comply with Federal or state laws or
i
regulations;
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(2) The monitoring, testing, and inspection of a user's
wastewater discharger to insure the discharges do not
violate Federal, state, or, local laws or regulations
1 {
regarding wastewater discharges or cause Denton to be in
violation of any required wastewater, operatinch
y treatment, or discharge permitst and
E (3) Ordinancas,;rules, or r lations
e9u isposed by a Member
with lawful regulatory authority over all persons
discharging wastewater into a Fts~rbsrls system that
provide penalties, remedies, or other enforcement
mechanisms to insure compliance with state, and federal
laws and regulations regarding wastewater discharges.
"Point of Entry" means the location or locations where
wastewater from. the District is delivered to the Denton system, as
shown in Exhibit B.
"service Aram means the land area served with wastewater
collection facilities by any Participating Member of the District
whose wastewater is to received by Denton under this Agrooment.
"SUO" or "Sewer use ordinance" means Ordinance No. 82-390 as
enacted by the City Council of Nnton, as aaended, and codified as
PAGE 3
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Article VZTT of Chapter 25 of Denton's Code of Ordinances,
providing for the regulation of wastewater discharges into the
Denton system.
"Wastewater System" or "System" means any property, equipment,
or facilities used for receiving, transporting, treating or
disposing of, wastewater.
i
1.2. fthibits. All exhibits attached to this Agreement are
tats and correct copies of the originals and are incorporated
J herein for all purposas.
ARTXOLB 11
J~ VUTXI~IITSa 89"1028 TO RN PAMOND
2.1, easeral. The District shall deliver and discharge `
wastewater into the Denton,wastawatsr system and 'Denton shall
transport, treat, and dispose of-the wastewater' received from the
1
biatriot, in accordance with this Agreement.
2.2. prior Member Approval. The District shall not allow or
cause wastewater from a Participating Member to be discharged into
the Denton system without first obtaining the written approval from
the Executive Director of tltiiitiss.' The Director's approval shalt
be given it, in the judgment of the Directoro the discharge of the
Member's wastewater into the Denton System would not violate any
provision of this Agreement. The nireotor's written approval shall
be limited to the cities of Corinth, Argyle, CorrAl City, Hickory
Creek and Krum, which are or may become Participating' Members of
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the District.
1 2.3. servioos Limited to ssoess Capacity. ~
E (a) The wastewater services provided by Denton to the District
shall be solely from the excess wastewater collection and treatment
capacity of the Denton system, as of the effective date of this
Agreement. A minimum of 300,000 gallons per day shall be made
available to the district from the excess capacity- of the Denton
j ; system.
f } (b) As the wastewater collection and treatment demands of the
Denton system increase, Denton will be required to either make usp
of the excess capacity being allocated to the District under this
4 Agreement, or construct additional wastewater treatment facilities.
i
' However, Denton may not be able to afford to construct sufficient
J wastewater facilities to meet the future wastewater requirementt of
1 both Denton and the District unless the District enters into a
contract with Denton to provide for the joint planning, funding,
and ownership of additional wastewater collection and treatment
facilities.
(a) This Agreement, therefore, contemplates that continued
performance of the collection and treatment of wastewater by Denton
for the District throughout the term of this Agreement is based
upon the expectation and condition that the -parties will enter into
a separate contract to provide for the cost of additional waste-
water collection an4 treatment facilities to greet the future
wastewater needs of both parties
PROS 5
C11(d) If, at any time during this Agreement, Denton determines
that it will need the excess wastewater collection or treatment
capacity allocated to the District to serve the requirements of the
Denton system or proposes to review or accept engineering proposals ,
for the construction of additional wastewater treatment facilities, ~
Denton shall give written notice to the District.
i
(e) if, within one year after the date the written notice is
sent by Denton to the District, the parties fail to enter into a
separate contract for the planning, funding, and construction of
additional wastewater treatment facilities as contemplated in thip
Agreement, Denton may terminate this Agreement at any time after
one year from the date the notice was sent, by giving the Diatrict
1 a notice of termination at least one year prior to the termination
date specified inthe notice of termination.
► I 2.4, Distriet0s RoVest for taareased Capacity.
(a) if, prior to thr time Denton gives notice under
section 2.3, the District determines that it will need a minimum
level of services in excess of the 300,000 gallons per day
allocated to the District under this Agreement, the District shall
give Denton written notice of t1i%t deter&ination,
(b) if, within one year after the date the written notice
is sent by the District to Denton, the parties fail to enter into
a separate contract for the planning, funding, and construction of
additional wastewater treatment facilities as contemplated in this
Agreement, the District may terminate this Agreement at any time
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after one year from the date the notice was sent, by giving Denton
notice of termination at least one f year
prior to the termination
date specified in the notice of termination.
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"TICLE III
MUTER PUN AND ZW7UT01%V
+ j 3.1, Master Plans* The District shall provide Denton a written
i
master plan, prepared by a registered professional engineer, for
each Participating Member, containing the information required in
I
Exhibit A, before the wastewater of the Participating Member is
j
discharged into the Denton system.
3.2., updates. An
updated master plan for each Participating
1 Member shall be submitted to Denton within five years of the date
the Member
began wastewater discharges into the Dentoh ryrtem
3.3. A"ual inventory. The District shall provide to 'Denton in
writing; by February 1 of each year, as to each Participating
Mamber, the followings
(a) The number of domestic users being served under this
Agreements
(b) The number of industrial/commercial users being served
under this Agreement; and
(o) The name and address of each major industrial/
commercial user being served under this Acgreement.
PACE 7
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AATICLZ IV
YAOILI IS an PORT Op NMTAY ~
4.1. District tO Provide facilities and Property. The District
shall provide all lines, lift stations, and associated facilities
and shall acquire all property' interests, licenses, and permits
1 J that are necessary to collect and transport wastewater from each
i
Participating Member to the Denton system.'
4.2. Facilities Within Denton, Any lines and facilities
constructed by or for the District within the corporate limits of
Denton shall become the property of Denton when approved any
accepted by Denton in writing.. All property interests required for
the facilities shall be acquired in the name of Denton or assigned
to Denton. AUy wastewater facilities required to be constructed by
f the District which tyre to become the° property of Denton shall
E comply with Denton's_ordinance■ and specifications.
4.3. District to Convey to Point of 'But y, It shall be the
`--.-J sole responsibility of the District to convey and deliver the
wastewater from each Participating Member to the Point of Entry
designated in Exhibit B. A Point of Entry may be changed, or
additional Points of Entry added upon the approval of Denton, which
shall be indicated by wwrxirent of -Exhibit B, signed by the agents
of the both parties. The District shall pay for any change in the
location of a Point of Entry, if the change was requested by the
District,
4.4. Control Manholes, The District shall construct, install,
PAGE 8
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and maintain for each Point of Entry a
control manhole to allow
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Denton to monitor the wastewater received from the District. The
j control manholes shall be located and constructed in accordance '
{
with specifications approved by Denton, so an to allow Denton to
have unrestricted access at all reasonable times. The control
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'manholes shall be owned, maintained and repaired by the District.
I
1 ARVIOLt V.
3arrsRXma
5.1. Installations The District; agrees to furnish and install
at its own expense at each Point of'Lntry, the necessary equipment
and devices, as approved by Denton, for measuring all wastewater to
be discharged by the District into Denton 0 s system. Denton may
approve alternative metering locations' it motoring facilities
cannot be located at each
paint of entry because of engineering
applications.
5.2. Ownership. All the wastewater meters and associated
equipment shall become and remain the property of Denton upon
installation and acceptance by Denton and shall thereafter be
operated, xainSained, and repaired by Denton.
5.3. Inspection and Reading. The District shall have access to
the metering equipment at all reasonable times for inspection, but
the reading, calibration, and adjustasnt shall be done only be
employees of Denton. If a District inspection determines that a
meter is not functioning properly, it shall notify Denton within 48
PAdE 9
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hours of the determination.
5.4 calibration. Denton shall calibrate each motor a minimum
of twice a year unless requested in writing by the District to
calibrate more frequently. If the District requests Denton to
calibrate a point of Entry meter more often than twice a year and
j Denton finds the percentage of inaccuracy to be 'five percent or
loss, the District agrees to pay for the cost of the calibration.
j ~ 7►yNl'1~Ct~t Vi
t Riavra►s=ox or W"2 2M22 aM&cssues=as
6.1. Denton$$ Yerer Use ordinance. Denton must receive,
1 tresto and discharge wastewater in accordance with federal and
State laws and applicable regulations imposed by Federal and stets
agenoies. To 'insure compliance with these laws and regulations,
E
F Denton has onacted'a sewer Use ordinance or "StIO," a copy of which
is attached hereto as Exhibit C. To proporly regulate the
wastewater discharges received by Denton frox the District, the
following provisions of the srlo shall 'apply to this Agreements
Soo* 25-132, Defihitions.
Sao, 25-133. Administration.'
Sao. 25-136. Deteraininq'the-Character and Concentration
of wasto►•atsr.
Soo. 25"160. Discharge Prohibitions.
Soo. 25-161. Hazardous NttAls on'Toxio Substartoes.
$ec. 25-162. Discharge of waters Not Containing Sewage.
PACE 10
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6.2. Application and interpretation of suo Provisions. The
j I
provisions of the SUO applied to this Agreement shall be inter.
prated to apply as follows:
i
(a) A "prohibited" or "unlawful" wastewater discharge
1 shall mean that the District is contractually pro-
hibited from making suoAh a discharge into the Denton
system.
I I i (b) Any provision which relates to or requires a discharge
i.
permit, shall be interpreted to, apply without regard
to the permit.
I r ,
(o) "Major Industrial/Commercial User" as defined in
section 25-132, shall have the meaning as defined in
this Agreement.
6.3 • Amendments to AQO.
(a) The parties recognize that federal and state laws and
regulations concerning wastewater treatment and discharges may
periodically change during the term of this Agreement# requiring
Ij revisions in the SVO, It is the intent of this Agreement that the
suo be reviewed periodically by Denton and revised in accordance
with the latest laws a;xi re
Vlations of federal and state agencies
having jurisdiction over wastewater treatment and discharges.
(b) Denton shall give written notice to the District at
least 90 Mays prior to the effective date of any &"ndment of the
sUO that amends a provision of the 8110 that applies to this
Agreement, or that adds a new provision to the suo that Denton is
PAGE 1.1
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required to apply to wastewater received by Denton under this
Agreement. The District shall be responsible for giving notice of
the proposed amendment to any of its participating Members affected
by the amendment.' Upon the effective date of the amendment to the
1
sUo, it shall be considered an amendment to this Agreement and
shall be attached to Exhibit co showing the amendment made.
Failure of Denton to give the notice required herein shall not,
r i however, relieve the District or any Participating `Member from the
responsibility of complying with the amendment as of the date it
becomes effective.
6.4. Xamberts pretreatment service 'rr"ttia.
(a) The parties recognize and acknowledge that for Denton
to properly treat and dispose of the wastewater received under this
Agreement, it will be necessary for major industrial/commercial
users of a Participating Member's system that. will be discharging
r its wuetewator into the Denton. system to have an established
pretreatment service program in order to satisfy the requirements
of state and Federal laws and regulations and the requirements and
conditions of Denton0s wastewater permits.
(b) The Executive Director of utilities shall not give
the written approval' required by this Agr"mant to serve a'
Participating Member if the Member has any major industrial/
commercial customer which requires wastewater pretreatment until
the Member has established a satisfactory pretreatment service
program.
PAGE 12
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(c) A Participating Member may establish its own pretreat-
went service program or contract with another party to provide for
all or part of the required program for the Member. If the Member
establishes its own program, it must be approved by the Environ-
mental Protection Agenoy, or its successor agency. If all or part
of a pretreatment service program is to be provided to the Partiol-
4
gating Member by an entity other than Denton, the pretreatment ser-
vice program must be approved by Denton as a condition to beginning
and continuing the discharge of any wastewater into any system that
i 1
f will be received by the Denton system. (e) if requested by the
f
k District, Denton will contract with the District to develop and
IIII
administer pretreatment service for any participating !Member.
6.5, Votiae of Violation. The Executive Director of Utilities
1
shall send written notice to the District.ir he determines that a
` Member is failing to provide a satisfactory pretreatment program or
LJ a discharge by the District is in violation of the SUO` or this
Agreement-. The notice shall contain the followings
(1) the nature and description of the violation t'
(2) the provision of the suo or of this, Agreement
violatedt
(3) the corrective action that must be takenl and
(4) the time in which the corrective action must be taken.
Denton and the District shall cooperate to determine the source of
any wastewater discharge violation and agree to cooperate in
remedying the violation, but the District shall be responsible for
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insuring that the violation is properly and timely corrected. The
Distriot's failure to have the violation aorreoted in the time
specified shall be a breach of this Agreement for which Denton may
terminate this Agreement.
AXT2aLM vtI
° PATIN MM BZLLIMa
Appliaabl♦ Pats.
7,1. The District shall be charged and
shall pay Denton for the metered wastewater received by the Denton
system at the rate established by the applicable Rata Soheduie
approved by ordinano• of the City Council of Denton. The initial
Rate schedule is shown in Exhibit D, The rate charged the District
shall always be
Just and reasonable, without unlawful discrimi-
nation, and consistent in application to the class and type of
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service provided the District under this Contract. The rate
charged the District shall be developed in accordance with the
iuethodology used or approved by the Texas Water Commission and
shall include the cost of operation and maintenande, depreciation,
a return on the applicable rate base of approximately 1, 5#, and
interest on outstanding waste wastewater system revenue bonds, The
District shall have access to all data used to calculate the `rate
charged and the District may review and comment on any proposed
rate changes.
I 7.2, Amendment of Rat*. The rate charged the District shell
i increase or decrease in accordance with any amendment to the Rate
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Schedule applicable to the District, as approved by ordinance of
the City Council of Denton. At least ninety (90) days prior to the
effective date of any proposed amendment of the rote charged to
District, Denton shall send written notice of the proposed rate
amendment to the District, If Denton fails to give written notice
{
{ i at least ninety (90) days prior to the effective date of the
amended rate, the amended rate shall become effective, as it
E applies to the District, on-the ninety-first (91) day after the
written notice, is rant. Upon amendment of the applicable Rate
schedule, Exhibit D shall be amended by attaching a copy of thN
amended Rate schedule.
743 billing and Payment,
(a) Denton shall bill and the District shall pay for the
j I wastewater services provided for in this Contract, in accordance
with the procedures and requirements of the applicable Rate
schedule and ordinances of Denton, except as otherwise provided in
this Agreement.
(b) 'Denton shall bill the District monthly for the ser-
vices provided and the District shall pay the bill within thirty
days of the date of mailing.
(c) Xf the District disputes the amount of any bill, it
shall still pay v4xm bill. If the parties agree or a court decides
that the District was incorrectly billed, Denton shall credit that
amount to the District on the next monthly bill or bills,
pl1GS fS
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7.4 Corrections in Billing.
(a) if a meter completely tails or the percentage of
inaccuracy of any meter to in excess of five percent, the amount
billed to the District shall be corrAated for a period of time
extending back to the time when the failure or inaocuraoy began, if
known, but if not, then for a period extending back to the date of
the last calibration or six (6) months, whichever in lose,
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(b) in the case where a meter is determined to be reading
inaccurately by more than five percent, a correction to the billing
shall be made as follower
(1) Take the number of gallons measured by the meter
I since the last calibration or six months, whichever it
1 less! C.
(2) Multiply that amount by the percentage of
inaccuracy to obtain the total number of gallons not
properly rogisterodt
(3) Multiply the gallons by the applicable rate at the
time of the iriacouraoy to got the amount to be debited
or credited, as appropriate,
(e) In the case where a motor completely fails,, a
correction shall be made by using the average of the gallons of
wastewater billed for the prior three months to obtain a daily
average, which shall be applied to the days for which the mater was
not working.
PAGE 16
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f (d) Any adjustments in billing provided in this section, I
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whether a credit or debit, may be satisfied immediately or made in
equal installments over the time equal to the time for which the
failure or inaccuracy was calculated.
f
AXTIOLN VIZZ
j MI8(muJ1nOtyi
! i e.l. Term. This Agreement shell beooma effective beginning on
i
1950, and terminate on December 31, 1999,
I 8 .2, Xotiaes, Any notice required under
f ~ this Agreement shal ;l
f be in writing And dent by certified mailr return reoei t requested,
postage prepaid and addressed as followar
Notice to Dentont No
' i tioe to the District=
Rxeoutiva Director of Utilities General Manager
Utilities Administration Upper Trinity Regional Water
p 216 S. McKinney street District
Denton, TX 76201 P.O. 'Draper 305
396 W, Main, Suits 0102
14wisville, Tx 76067
8.3. Termination.
(a) X6**d1ee than "faults This Agroem*nt 1.1, )ot
intended to specify an exclusive remedy for any default, but all
such other remedial (other than termination) existing at law or in
equity may be availed of by either party and shall be cumulative.
Recognizing, however, that the failure of either party to perform
cannot be adequately compensated in money damages alone, both
parties agree that in the event of any default on its pert, the
other shall hove available to it the equitable remedy of mandamus
PARR 17
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and specific performance in addition to an other legal or equitablo
remedies (other than, termination) which may be available. The
remedy of termination for default precluded by this paragraph does
not include and deem not prohibit Denton from terminating this
r Agreement in accordance with section 2.3, or for failure to remedy
a violation under section 6.4 or 6.5.
(b) Mo waivers The failure of either party to exercise
any right of termination or their failure toseek enforcement or
performance of any provision at any time, shall not be construed to
I be a waiver of the performance of any provision, or the waiver gt
E
k the right of either party to exercise its right of termination, or
k E
to seek enforcement or performance of any provision of this
i
Contract. (c) Payrsents Due. The termination of this Contract shall
not release the District from its obligation to make payments for
services rendered under this Contract prior to the date of
termination.
8.4 Pores xaieu7re.
(a) If by reason of „force majeure", either party it
unable~to perform any obligation of this Contract, it shall give
notice of the force majeure to the other party in writing within
ten days of the ocourrenae relied upon. The obligation of the
party giving the notioe, to the extent and for the period of time
affected by the force majeure, shall be suspended. The party
giving notice shall endeavor to remove or overcome the inability
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5
with all reasonable effort. In no case, however, shall the
District's obligation to makes payments for wastewater already
r
delivered to Denton be suspended.
(b) "Force Majeure" shall mean acts of Ged, landslides, I
{
lightning, earthquakes, hurricanes, storms, floods, or other
j natural oeourrencesl strikes, lookouts, insurrections, riots, wars,
f l or other civil or industrial disturbanoest orders of any kind of
the Federal or state government or, of any civil or military
authorityt explosions, fires, breakage or accidents to moohinery,
lines, or equipment, or the failure of the system or water ■upp3W
systomt or any other cause not reasonably within the control of t1*
party claiming the disability.
8 ,5. Liability and. =>tdeosaifiaatiion. i
(a) Liability for damages arising from the reception,
1 transportation, delivery and disposal of all wastewater covered by
{ this Contract shall, as between the parties, remain with the
4 District until delivered into the Denton system at the Point of
Entry,
(b) The District agrees to hold harmless and defend
Denton, its officers and employees, from any claims for injuries,
damages or losses thet arise from any act, omission or negligence
of the Dintriot,' its officers or employees, arising hots the
i
performance of this Agreement. Denton agrees to hold harmless and
defend the District, its officers and employees, from any claims
for injuries, damages or losses that arise from any dot, omission
PAc~L 19
s
r.~
or negligence of Denton, its offioare or employees, arising from
the performance of this. Agreement.
8.6. subject to Laws and Regulations, The Agreement is -tads
and shall be,subjeot to the laws of the United States and the State
of Texas and all applicable regulations or rules of any regulatory
II ~ authority having jurisdiction of the subject matter of this
w Agreement
8.7, severabilit , Yf an
~ Y provision of this contract is by any.
{ court hold to be illegal or in conflict with any law or regulation,
the validity of the remaining provisions of this Contract athaii no4t
be affeoted, and the rights and obligations of the
parties shall be
construed and enforced as if the contract did not Contain the
particular provision held to be invalid,
8 , 8 s Assigarteat, Neither
party shall assign nor, trdnsfsr in
i whole or in part the rights and privileges granted in this contract
without first obtaining the written consent of the other.
8.9, Matirt Agreeatient. Thiat Contract embodies the whole Agree-
menu of the parties. There are no promisee, terms, conditions( or
ob.ligatIone other than those contained herein. This Contract shall
supersede all previous commrnnications, representations, or agree-
ments, either verbal or written; between the parties, and all
modifications of this Contract shall be in writing avid approvod by
both parties,
8,306 Roadings, All headings in this Contract are used for
convenience only and are not intended to define, or to limit the
PACs 20
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scope of any provision.
The parties' authorized officers have executed this Agreement
in multiple originals as of the date given above,
j Signed this the day of , 1990.
I
BOB CASTLEBERRY, MAYO
,I I
ATTESTt
3'ENNIFER WALTERS~ CITY SECRETARY
i
BY s
APPROVED AS TO LEGAL FORMt
4R`ti DEBRA ADAMI DPAYOVXTCH, CITY ATTORNEY
i i sY
UPPER TRINITY REGIONAL WATER
DISTRICT
BYE
BOW
BOARD 010 DIRECTORS
ATTESTi
1WTARY, BOARD OF' DxRECTOft i
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EXHTBTT LIST ,
Exhibit A, MAUter Plans !or Members
Exhibit 8, Points of Entry
Exhibit C, Denton Sewer Use Ordinance
Exhibit D, Current RAt• schedule
work\29060\6\7\90
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PAGE 22
This Applicatlon of the Upper trinity Regional 'Hater District (the "District"), a governmental agency of the State of Texas and
the Town of Little P m, Texas (the Town a political subdivlslon located In Denton County, together wltn attathmenls, is
provided as an Application for t tnanclal Assistance from the Texas Water plveiopment Board under the other In altnce program
nd the Water Quality Enhancement vnd; Fund as permitted In Arlicle III, Sections 4 c and 49d ol,the Cnnstitution
i axes, or the Water Loan Assistance pon of the State of
THE DISTRICT 11 DE510NANDMAS
,IOU
1 t " Ind
4 A p
APPLICATI TO TEXAS WATER t) VBOPMaNT BOARD
Rela dng to
1
UPPER TRINITY K $Q+"AliL VAftR DISTRICT
TOWN Of L I'LL! 9LM PROJECT
WATERWORKS AND Sf fill SYSTEM REYBNUE AONDSO srrK S 1989
~ [)atedr December 10 ll,if i
Dues February I, as shown below
interest on the $110,000 Upper trinity Raglonal Water District the "District') Town of Llttie Elm
Project, Waterworks and Sawar System Revonue bonds, Seeles 196 (the "flotlbs")'1, r f m ha
I yy
d r and will be pa ablo February I and August ( of each year# tommenc nr e uAt , 1 j
l an `w I ca culated on the basis of a 360-day year of twelve )0-day months, dr1 yy
be Issued only as tally registered bonds In the denominstlon of $,,1000 f any:intagral multiplte th bf. will
Those Bonds are beinj Issued ppuuriuust to the provislons of an Act of Jun 16a 191190 Chapter 107), Tax,
Salsa Law Sarv, 4269 {Vernon) (tM "Act")t and other app(laebla 18wh Uhder'tM ConsUtutlon and Lawa of
the stela of 709401 Including the Act, the,Uppet Trinity Regional Water DUtrot at Yexas (the "Dlstriot")
has specific Author ty to construot, own at.J Operate W.
make contracts in reference thereto with municipalities and othertantitlaY d scrlbid Insthd Ams, ct, The
District has entered into a Wastewater Treatment Contract (the "Contract") with the Town of_Llplo Alm the
"Town
rove pthe of'thepTown,Nthe Bonds, And Int restttheroon, a e secured dand existiable wfrom esfeWe ai c ntract
I payments to be received by the Dlstrlct under thb terms of the Contract wyhich eo ltltutet nnOperat on
and maintenance expense of the Water and Sewer System of the Participating Member (seo "Security for
the Bonds hereln), The Participating MAMber, is unconditionally cbllglted to make contract payments to
the District sufficient to pay as that' coma duel all pelnclel and Interest en the Bonds, and any additional
i parity bonds which tram time to time may be lsswd (see Security for the Bonds"),
I~ The initial Paying~{{ Agent/Registrar shall be MTrust Corp, National Assoelatlon, Austlnj Talus (see "Paying
Agent/Registrar"),
MATURITY SCHEDULE
• .i.i.T Si. •
Atutitv • Ilk yield r
:~~,V
10,000 2.1•f993 2l,b00~ 2•!•200)
1!,000 2.1,1994 5b,0aQ 241M 004
13,000 2.1.1993 30,000 2.1603
13,000 2• G1996 33r 00 2.1.2006
13,000 2.1.1!!7 3,000 2.1.200°
13,000 2.1.1991 X00000 0.142001
20,000 2.1.19!9
20000 00000 2.1.2000 43;000 2.1.3010
2
1.2001 30,000 2.1,2011
The Olstr)ct eoaeeves the right, at Its option, to redeem Bonds having stated maturlilea on and alter
February 1 2001, In whole or in part and in inverse order Of maturity and by lot within a matutity,tt less
than Ali all the Bends at that maturity are called for redemption, on February 1 10001 or Any data
thereafter; at the ar value thereof plus accrued Interest to the date fixed for radomption (see
"RadeMption of Beat"),
the Bonds are offered for delivery when, as And if issued and received byHthe purchaser And subject to the
Ap Protwilo at CorporAt on, Bo ddCO sel$ Oallat,aTet°ais4 Theelegal Opinion of 1104 COOUA041 Will be
printed on or attAchtd to the Bends.
DeUwtyt r r> l91l,
UPPER TRINITY REGIONAL WATER DISTRICT
Board of Directors
Position Term
Ex at o
in ams presZ ant une , 9
R, E, Nelson Vice President June 16, 1991
Steven L. Bacchus Secret ary/Tfeasurer June 16, 1991
Don Kline Director June 160 1991
John Hamilton Director June 16, 1991
Martin Hlghbaugh Director Juno 46, 1991
Ann Pomykel Director May 31, 1993
Tom W, Porter Director June 16, 1991
Tommy Turner Director Jun. 16P 1991
I
Woodrow Witt olrectwr May 1l, 1991
MaAttgernatt Oftleera
Nalpot
Thomas aylor .Huai , onasl on
j ger
Glenn Jaspers Assistant Secretary
„John P, Aoyler Jr,
Ctftiersi Counsel CenwltIAM MW Advisors
Bond Counsel and General Counsel , ....................,.Hut0hbon Boylo $rooks 4r Mlsher
A Professional Corporation
ballas, Texas
Engineers Espey, Hutton & Aisoclatet,Inc,
Dallas, Texas
PlnanWal Advisor .First Southwest Company
Dala;p Texas
Poe additional Information regarding the Dlsttlet, pleap,contaeti
Thomai E, Taylor David k, Medanlch N,)ke Meek
General Maea at Patti gl&1 tl, Gallaher Et y Hutton Ac Auoetates, Ina,
Uppar trinity a la~a1 water plhi Southwest Company 1111 w~atervlew Parkway
lstrlot $001'lfat City center Oahu, rixu 13335
P, o, Drawer 343 1100 Paalild Avenue
Lewlsville, Tex4 73067 ballas, Texan M01
(214)119.3336 (314)933.4000
INTRODUCTORY STATEMENT
This Appllcatlon of the Upper Trinity Regional Water District, a govaromental agency of the State of
Texas (the "Dlstrlct" is provided to futnlsh Information In connection with the We of the District's
$310,000 Town of Little Elm projeot, waterworks and Sewer $ystem Revenue Bonds) Series 19$9 (the
"Bonds"),
The Appllcatlon was prepared to present to the purchaser of the Bonds Information concerning the Bonds,
the revenues pledged to the Bonds, the dourlption of the rev:m w base, factors that may affect pledged
revenues, and other pertinent data, all as more fully described hereln.
Source of payment
The Bonds are special obligations of the District fplyable, both as to princlpal and interest, and secured by
a first lien on and pledge of not revenues of the District under the Contract from the T own of Little Elm,
as provided In the Resolution authorizing the Issuance of the Bonds,
1 Optl" Redemption
The Bonds rnsluring on and after February L, 2001, are wb)eot to redemption prlot to maturity, at the
optlon of the District, un February 11 2000, or any date thereafter, at the par value thereat plus accrued
interest to the date fixed for redemption,
r A ' QeNIlled 7a><~tasmpt ObUgatkrxs
The District will designate the Bonds as "Qualified Tax-Exempt Obligations" for financial Inltltutions.
' I
pupae
The proceeds of the' bonds will be used by the Dlstrlct to expand and Improve the existing wastewater
treatment punt at the Town of Little Elm (see "The project" hereln),
t
Payment Record
Neither the District nor the Town has ever defaulted,
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Transfer, Exchange and Registration
The Bonds may be transferred and exchanged on the registration books of the Paying AgentMegistrar only
upon presentation and surrender, thereof to the Paying AgentJReglstrar and such transfer or exchange
shall be without expense or service charge to the registered owner, except for any tax or other
ggovernmental charges required to be paid with respect to such registration, exchange and transfer. A
and may be assigned by the execution of the assignment form on the Bond or by any other Instrument of
Iranifer and assignment acceptable to the Paying AgeotlReglstrar. A: new Bond or Bonds will be delivered
by the Paying ASent/ Reglstrar,In lieu of the Bond being transferred or exchanged, at the principal
corporate office of the Paying Agent/Registrar, or sent by United States mall, first class, postage
prepaid, to the new regletered owner or his deslgnee. To the extent posilble, new Bonds Issued in an
exchange or transfer of Bonds will be delivered to the registered owner or assignee of the registered
owner In not more than three business days after the receipt by the Paying Agent/Registrar of the Bonds
to be cancelled, and the written Instrument of transfer or request for exchange duly executed by the
registered owner or his duly authorized agent, In form satisfactory to the Paying Agent/Registrar New
Bonds registered and delivered in an exchange or transfer shall be in any Integral multiple of $!1000 for
any one maturity and for a like aggregate principal amount as the Bond or Bonds surrendered for exchange
j or transfer.
Limitatlon on Tranafer of Sods Gaffed for Redemptten
Neither the District nor the Paying Agent/Re lstrae shall be required to transfer or exchange any Bond
called lot redemption, in whole or In part, w~thin 30 days of the date fixed for redemptlanf provided,
however, such limitation of transfer shall not be applicable to an exchangd by the registered owner of the
uncalled principal balance of a Bond.
Record Date for Interest Payment
The record date ("Record Cate") for the Interest payable on any Interest payment date means the close of
business on the 13th day of the precndlnff month.
Aa v Fuod Roquiretttettt
The Bond Resolution pruvldea that, at the done of Issuance of these Bonds, there shrif be est#bllshad e
ReseNe Fund, which when fully, funded shall be In an amount egwl to the average annual ptlnclpai aril
interest requirements on the Bonds (the "Rasetve Fund Requirement"), The Reserve Fund Requirement
shall be built and mafntsined from the Net ReVenues of the Clstridt reeelved In tocotdance with the
f contract over a 60•month perlcd with equal monthly deposits bag~ning when construction Is complete.
'i he funds and Irivettmenti required to be oalntalned on deposit In t Reserve Fund shall be in an amount
equal In market value to the average annul debt service on the Bonds#
j It the deserve Fund Is depleted blow the Remtve Fund acquirement, th" the amount of such depletion
shall be restored in equal monthly deposits within f years. the Reserve Pund may only be used for finStly
retiring any Bonds or additional parity btnda, or for paying the principal and Interest on any Bonds or
additional parity bonds to the extent that the amount In the Interest and Sinking Fund Is Insufficient to
pay such amounts,
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The Project
The Southeast Denton CountyentonRegioCounalnSystemThe
wastewater systems to serve D
regional
ty, (therecommendation"Protect") !sisoneencoo!mthreepassed in the Denrecommendedton County
WsuAater and Wastewater Itaster Plan adopted by Denton County and twenty.lour area cities and water,
ply corporations,:
The lnitlal phase 0f the Project will serve the Town of Little Elm and subsequent phases will be
constructed to serve up to nine additional cities in the service area. The f{rst phase will serve
temporarily until dernand warrants construction of the permanent regional facility, which is planned At 'a
more centrally located site within the service region.
The Project will consist of Improving and expanding the existing wastewater treatment Plant of the Town
of Little Elm, The Towns existing plant 1s a 100,080 gallon par day
stabilizatlan, actlvatod sludgge package treatment plant which will be ("r 6UitatedlAnd antadditional
treatment unit with a 100to 0 gpd capacity will be added to the existing plant, Aft(;, coniplotlon the
plant's treatment capacity will be 200' 000 d, A breakdown of estimated
t ~ g pd, costs Is listed belowt
Additional Treatment Unit $243,000
Existing Plant Rehabilitation 60,000
Additional Drying feeds 99,000
Construction Contingency 94,400
Easement Acqulsltloti J Desll!n Engineering )3)ood
;000
Sldding Phau Engineering
WQEL Engineering Asslaunce 4,000
Preliminary z6gineering 30000
Surveying Cosu 9,000
Administration and 04M Man ?.000
C0nstru;tIon ual Costs 13,000
'
MAP000on Cost: 210000
Administrative and Project Management Coats 1~1 00a
NOW and Legal Costs
Construction an the Pr4lect is estimated to be c" toted Odtobar 1990, It is pta(a dd! the increased
treatment ca~city of the treatment plant will be sutficlent until 2003.
LJ
' pees Incurred on behalf of City of Little Kim Project by tM.UTRWD,
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The Sewer System
Presently the Town owns and operates a wastewater treatment plant and collectlon system, The
treatment plant Is a contact stabilization activated sludge package treatment plant with a,capacity of 100,000 gallons per day, The.collectlon system consists
of lines ranging In size from 6 Inches to 10 Inches,
The Town has contracted with the Upper Trinity Regional Water District to operate Its treatment plant.
The District is planning to upgrade and expand the existing plant to a capacity of 200,000 gallons per day.
The District anticipates the Increased capacity to be ruffle ant through 2001,
Monthly Sewer Rata (affecUva 4-1-89)
Residential Ins; a City LI Its OutsMde Ctt Limits
Irst 2,00 a ona 1 M nimum l-11h 40 in mum Flat ate
Over 2,000 Gallons 1540 Flat Rate 30,00 Flat Rate
Commerca lostClt Iml Outside Cl 41
rs t , Ions n mum at aN , n rnum at ate
aver 11000 Galiom 0114/M Oallons 0,34/M oallons
rip FM
j Ins; C t L ml s OutAide-Cliv Limits
Water 490 : Sewer 400 700 1104
Autherlsatd l!)st Unloved Revenue !lards
The town has no authorized but unissued revenue bonds,
Ad Valaent Tax Law
The ap sisal of property -within the Town Is, the responsJbUlty of the Benton County Appralsai District,
ItMcl n agrlcul ural said gpen.sppaacce land, which may be taxed on the basis of productivd capadityj the
Apprelm 0 stria is requjrhd under the Property Tax Code to 4ppr41% All pro ety within tho Appraisal
i Distelct on the basis of'l00la dl Its market value and is prohibited from Applyht~ any assessment ratios, ;
The value placed upon property wlthlit the Appralsal District Is subject to rovlew by th# Apprel al Review
9osrd, consisting o! three members appolnted by the Board of Dleacton of the Appeases District, The
Appta)se) District Is required to review the voJuo of property *)thin the AW&1$ 1 Mstrict *very lour
years. The Town may require annual review at Its own expanse, and is entitled to challenge the
determination of appraised vaJue of property within the Town by petition Wed with the Appt*IW review
board,
Refarence Is made to the Property Tax Code, VATCS, for identification of property subject to taxatloq
property exempt or which may be ex*mptod from taxation, if oiafinedt the appetfa of proppeer~ty for 44
valorem taxation purposes; and the procedures and ItmltYtions applicable to the levy and co)1eet10n of ad
valorem taxes,
Article Vill of the State Constltutlon (OArtbalo Vill") and State law provide for ortaln txemptlons from
property taxes, the valuation of agricultural and open-space fends at productivity value, AM the
exemption of certain personal property from ad valorem taxation,
Under Section l-b, Article Vttt, and State law, the governing body of a political subdlvlsion, at its eptlodp
may grants
(1) An exemption of not less than $3$000 of the market valve of the residence homestead of persons
6$ you$ oi are or older and the disabled from all ad valorem Was thereafter levied by the
polltlcsi subdlvisionJ
(2) An exemption of up to 20% of the market value of residence homesteadst minimum exemption
$l,d00,
State law and Section 2, Article VtUp mandate an additional property tax exemption for disabled veterans
or the surviving spouse of children of a deceased veteran who died while an WIN* duty in the armed'
foraNt the exompthin pplios to either real or pe rsonai'property with the ainount of assessed valuation
exempted ranging from 11,300 to a maximum of $3,000,
Article Vitt provides that eligible owners of both a riculeurait land (Section 1-d) and open-space land
(Section 1-d-1), lhniuding open space land devoted to farm or ranch purposes or opoMSpsce hind devoted
to timber production, may elect to have such peopertyY'appralsed'for proppeertyy taxation on the basis of Its
productive capacity, The same land may not be qualifled under both Section I•d and I-4-14
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Property within the Town is assessed as of January ( of each year) taxes become due October I of the
same year, and become delinquent on February 1 of the following year, Split payments are not permitted,
Dlleounts are not allowed,
Charges (or penalty and Interebt on unpaid balance of delinquent taxes are made as followsl
_ _ Penalty Interest Total
February 696 146
March 7% 2% 9%
April S% J% 11%
MAY 9% 4% 13%
June 10% 3% 13%
July 12% 6% 18%
Ten Larpst TaxFayerr
1954•x9 4b 4f Total
TaxAbla Taxable
Name of T r N r o P Valuation uessed A (sassed
4 4 toper
etropo tan avin``a n Mobile We 52 Southwestern Sall elephond Company Telephone Utility 1,399111! 4,30%
Woodrow Witt Shopplnf( Center and
Commercial properties 11303049 4120%
Preston on the take Lend 1,24!196! 4400%
Ii, L. Contsch ResidsntiAl and Rental Properties 410150 2.A%
baymer Corporation Land 404 1* 1 1 00%
Midland Color Corporation material Cutter Business 291) 167 0.96%
tavter Monao Land 2tl 173 0.73%
Francis Lee Raldentlal 2 6,677 0.11%
Jack Dlnsler Land 2 1115y
Tart NA* Llmltttlep
All taxable property within the Town Is subject to the assessment, levy and 00110 ttoA b 'the Town of A
j E eootinuin6r direct annual ad valorem tax sufficient to proVida for the payment of prlflcipat of and Interest
I on all ad vaiorem tax debt within the limits prescribed by law. Article X1, leetloA"4t of 04 Texas
Conttitutten is applicable to the Town, and llmlu Its maximum Ad valorem tax tau to SI,SO per SiOo
Assessed V41041* for all Town purposes,
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1 By each Up4mbet) or as loon thrtralfer a practlClble the Town CO"I Ad"" A tax rata or $100
taxable value for the current ydar. The tax rise cundstl of two compowtst (l) a rate fat (undfnill of
malnunAnce and operatlon expenditures, aqd (2) a rate fee debt service.
Under the Tax Codas
The Town mutt Arimuilly calculatd and 001101*6 its 0000 IV4 tex rate'+ 0 "toelbslek tax rata", Town
Council a nay not adept A tart rate that eaceodn" tM loWer`df the rollback tax Vase, or 10391 of the atikl'tlve
tax rate until It had held a KW144 h44010 1 tM proposed Increase foliowlAS notice to tha taxpayer, and
otharWlsd doropplled with this TAll C44, fi fire adopted tax rate exahatt the rollback tax race t4 gwllflyd
voters of:tM Town by petition may rrguke *it an eiectlon be hold to'desermfne whethsr.'or not to reduce
the tax rate adopted for the oarrent year so the rollback tax race,
111"tivo tax tatea means ttia rate that w111 produce fat yeAes total tax Iwy (0)usted) from thlp yd&rrs
total taxable volumitl (adjwted), "Adluate means lost values u4 not Included lA the calcidatloA of last
year`s taxes and new values are not Included in this year's taxable values,
"Rollback tax rate'm, n,r;ans the rate that will produce last year's miintMAtta and operation tt'x levy
(adiwted) frorn this y ac's relax (Adjusted) tnultlpiled by I A plus A rue that wiii produce this year's debt
service from this yeas values (unadjusted) divided by the anticipated tax collection rate,
The Tax Code provides that cetuln cities and countlet in the State may submit a pr sltlon to ihM voters
to authorize An additional oe*-half ant saes tax on retall sales of taxAblo Items. IIthe addltit" tax Is
Ievlod, the tffeotlye tax rue and the rollback tax eate caldulatlgAs are required to be otfs4t by the
edvanue that w111 be generated by the tales tax in the current year. The Town Joel not collect the
addlilonel one-half cant Was tax.
Referenda Is made to the tax Cade foe definitive requirements for the levy and coi*:tlon of ad valorem
taxes and the calculation of the venous def re," tax rates.
e,3,
ADDITIONAL INPOPMATtON
Tax Rxemptlen
The goods, 10 the opinion of Bond Counsel, wlll not be eqrAnca 5ection 141(a) of the Internal Revenue Code of 19861 as amended (the "CO em)asA clordinglyi
sim nteresg on
thost
Code as applicable to (ndlvlduais and corpoations
orn # except that Interestvonmthe goodtawillrbe Included In
the "adjusted net book Income" or the 'adjusted current earnings" of certain corporations for purposes of
computing the alteet, tlve,minlmum tax and the environmental tax Imposed on such eorporations,
Furthermore, In the oplnlon of Bond Counsel, Interest On the Bonds will be ekeludable from gross Income
under Sectlon 101(x) of the Code, The statutes, applicable ee ulatlons, published rulings of the Internal
Revenue Servlee and court decisions on which such opinions are ased are subject to change.
These opinions are dependent In part on future compliance by the Town with certain
post-Issuance
requirements of the Code, including the arbitrage rebate requirements, pallure to comply with such
/ requlrements may causa the Interest on he Bonds to be Includible in gross Income r4teoactlve to the date
o! Issue. In this connection, various covenants and representations will be made by the District and the
Towns In the documents authorizing the Issuance of the bonds that are dealgned to provld► assurance of
cc'" 4nco with such requirements, and for purposes of Its,opinlonst Bond Counsel wll
by the Town therewlth, in addition such opinions are "4 upon rapresentetlons and oertif catlomA of the
!
District and the Town pertaining to the use, expenditure and investment of the proceeds of the Bonds,
Bxcept ai deai,rlbed:abover Bond f;ounsel expresses tic opinion with respaat to any other federal, state of
local tax r,Onrequences under present law or proposed letlshtlbn resulting from the recelpt or accrual of
interest oh, of the acqulsitl;on, ownership or till position of, the a"
Pros tlve. purchaavrs at the Bonds thot,ld be aware that tho ownership of tax-exempt obligations such as
the om may resoit in, collateral federal tag consit"Aces to, Smoot others, Gnanalal Inttltut)ona,
ropoety,gd casualty lniiiiance companies certain healgn corporations do(nt buainHa In the,tJnlt►d
Cates, In Iv ow reClpidnts of Social 4ec4elty or ltallroad ltetlremsnr benefiti
t tag
de+med io'hav► Incurred or cgntlnusd lndebadness to arch~ or carry payeta who may be
stockholders of coeporatlans racelvlnt or Accruing tax-exempt lntereat and S coorrporitlo ss wPth ibltkh4pte
C earnings and profits. pros 1
Pent ve puechaaers shoVld consult their own tax advisors a to this
applicability to Mesa and other such collateral conseQUenas to tWt Pertlcular alrc umatances,
quis"lfdrak-ba mpt obUkeWrl►
5ection 2041 the Code, as amtooled, pr4vldes, in Ale that Interest expense Incurred to acqulte or
Corry W-exempt cUilgailons Is not deducti4le from the
roglitered owners that are "flnanclal lootitutlons" within the a of tht r at sued owner, ?of c+rtaln ont,c
lote
dlsadowanp'e of such 'expense would apply eo taxable y►a:e betlnnln il~ ditvobetr 3i10 1019 pwith
resrec~tt toslto tax•exempt obUtrtlons acquired a1'ter Autust y'r l9ga, Seddon 26!{b} of the Cade provides an
j exesptl this rule !ae Interest expense lnewrk! byy llnanclal institutlpia to carry
\ obUtatlont (other than priwte activity batch) which err d►sltnated by an iuuw, such is the Obtrlct as
" pray emit
"gwUtled E x- exempt obllgatlona". l
ex+mpt ob sµr~ mayy ally desltrfate an lout as an Issue of "qua11ll►d +tx•
cal tlons" whets oat more An that X10 million of tax-exempt obU)leciona are suued by his laiwr
durJnt the cal+ndar yelr.In which th• Uwe 0 deal rated is issued. ls,
1...
1. MN f
,
UPPER
'VTRINITY
t , ; j~ Regional Water District
4111111111111011
WATER IMPLEMENTATION PLAN
' I
{ SUPPLEMENTAL STUD
{
{ Executive Summary '
THESE DOCUM6NT$ AR9 FOR INTERIM REVIEW Final Dra ft
AND ARE NOT MENDED FOR CONvRuc1'w, f
BIDDING, OR POMIT PURPOSES, du21tl 1 90 i
A, LEE HEAD, nI r
TEXAS P1 E. 01 44552
DATE,
j '
.Alai Flurnme r and Associates, Inc.
CM>,It<NV1114N1flKMAL kk00fJCtlhl+Altt2N01~0!!-AG117l1FiONY WORM MM
'!CF51;
UPPER TAINITY REGIONAL MATER DISTRICT
MATQ'IMPURENTATION PLAN - SUPPLEMENTAL STUDY
E1fECUTIyE SUMl1AAY
i
In June 1989 the Texas Legislature created the Upper Trinity Regional Mater District
to provide for the water, wastewater, and solid waste needs of the Denton County Area,
Twelve entities within the County expressed an initial interest in participating in a
regional water system, This Supplemental Study is an update of the November 1989
Mater 1mplementAtion Plan which recommended facilities and developed costs for a
regional water, system. The objective of this Supplemental Study Is to
I y
update
the
schedule and cost for the regional water project based on the latest projections of
I
water use for the entities participating In the regional water system,
Each of the entities, known as Participating Agencies (PAs), was asked to review and
update their water needs so the
regional fadLifties could be aaw accurately planned.
t l The partieitating Agencies in the regional Water system are thet
City of Aubrey Uke City Municipal Utility Authority
City of Highlaed Village Argyle Water Supply Corporation
f City of'Kr+perville krtonville Water Supply' Corporation
City of Kean Mustang Mater Supply Corporation
City of Pilot Point
City of Sanger
The City; of Denton and the District will be partners In the Lake Ray Roberts Meter
Tregteent Plant MP)# Denton will not be a custoor of the regional water.systeia,
but the City of Denton dose intend to be A District participant' in the raw water
delivery facilities at Lake No Roberts and In the treated,water transmission lines
No the Lake Ray Roberts WTP to Denton and from panto:, to Old Alton, The City of
lewlsville does not plan to participate in the Initial prtiect,
f
E-2
Using the Interregional' Transfer Plan recommended in the Water Ieplementstion Plan,
several refinements and options were evaluated to efficiently provide for the
projected water demands Opinions of probable capital cost and annual operating cost
were then developed. The Interregional Transfer Plan consists of developing the
initial water treatment facilities at Lake Ray Roberts and temporarily transferring
treated water through the City of Denton's system to supply customers In the
District's south region.' As demands increase, a new water treatment facility would be
developed at Lake Lewisville in the mid to late 1990's to permanently supply the south
region,
I This study was performed by Aldn Plummer and Associates, Inc„ in coordination with
the Participating Agenoies, the City' of Lewisville and several other interested
entities.
i Ypeeltir Nrdlnlls aMei ~pemendatiab:
Following the evaluations, theta ware the findings and recommendation:,
1 The peak4ty drought demands' (peak day demands x 1,16) for the 10 regional
water system (WS) PA9 are projected to increase from approxi"tely 14 million
gallons per day (HOD) in 1990 to Approximately 39 MID in 20100 an increase of
over 280 portent. The City of Denton's peak-day drought dwAWs am projected
to increase Pram 26 NO in 1990 to 43 KO in 2410 end the City of Lewisville
front 23 NO in 1990 to 47 420 in 2010. The total 2010 dowdn for the 10 RIIS
PAs aft eesentially the seen as projeoted Ao the Mater ta01e004tion plan,
The City Of Lewitville's dowds have increased appraxioataly 0o and the City
of Denton's demands have decreased approximately 26h. (Sae fable t•3.)
4
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Y V y
M Y
E-3
1
2. The projected demands for the 10 RWS PAs will exceed the available supply by
approximately the year 1993,
3, The updated water use projections reveal that over 8 NO of additional supplies
will be required in 1996 if all existing facilities are operated at 100 percent
capacity and approximately 12 NO of additional supplies will be needed by
1998, In order to reduce reliance on existing groundwater supplies and to
provide greater dependability in service, the 10 RW$ PAs have requested 9.2 MOD
of treated water to be available in 1993 to meet their needs through 1996c 1,6
i f MOD for public agencine and 1,1 MOD for private non-profit water supply
I corporhtions, ($ee Table E-4.)
4, The City of Denton has offered the District the opportunity to participate in
the construction of a new water treatment I plant
at Lake Ray Roberts and has
offered to transport up to 10 NO through its water distribution system on an
interim basis for use by the District to supply customers south of Denton,
i
f 6, The District should participate vith the City of Denton in the development of r
i 10-MAD water treatment plant and raw water facilities en lake tlpy Roberts and
construction of a 36-Inch pipeline to Denton and 30-inch pipeline from Denton
(near Loop 2W &M 1-38E) to Old Alton, The District should proceed with
facilities to deliver, treated water to Sanger, Pilot Point, Aubreyt
Kr garvilleo Kroo Highland Villageo the Argyle Wgo the wkrtonville MSC, the
Mustanq WXI and the Lake Cities `MUA, (phase 1A lmppmoments) (See-Figure
..gip S
6,_ The City of Denton intends to own 6,1 NO of the initial 10 90 Lake Ray
Roberts WTP with the District owning 4,9 W, the City of Denton's water use
projections indicate that Denton will have excess capacity in the Lake Ray
F
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r V 'C35
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E-4
Roberts WTP which' can be made available to the District through 1997, To
provide the balance of the District's needs, it is recommended that the
District purchase excess treated water from Denton to meet short-term peak
demands above 4,9 MGD. While the City of Denton will not be a customar of the
regional water system, Denton will be a District participant in the raw water
pipeline and pump station and transmission tines to Denton and to 01d Alton,
(See Table E-2,)
i
r
E
7. A $-M80 expansion of the Lake Ray Roberts WTP will be required in 1996 to
continue to meet the projected demands of the 10 AWS PAs through 1997, (Phase
is improvements)
f
j s. The City, of Lewisville is currently planning to construct a new water treatment
plant co Lake Lewisville (or expand their existing water treatment plant) by
1994. Lewisville is ;planning to further expand their treatment capacity lit'
i approximately 1998. The capacity of the Lake Ray Roberts 11TP and the proposed
I pipeline to Highland Village are expected to be exceeded in 1998, the District
should plan to participate with the City of Lewisville in the development of
additional treatment capacity near Lake Lewisville and a new raw water pump
station in 1998 in order to supply the District's southern region, (Phase It
Improvements)
to An opinion of probable cost for the initial► 'Phase IA improvements Is
approximately $28 millloa ($23 million in 1990 dollars), Approximately
$ 00►000► or 2,4 percent of the estimated capital cort is for oversi=inq
Phase IA water lines to provide for the needs of potential future customers.
The 20-inch lima to the Lake Cities Municipal Utility Authority will allow the
Authority's increased demands to be supplied through this second delivery point
(the first point delivery point being the existing delivery point from 0enton's
system) as well as future demands for Hickory Cmk. The 30-inch pipeline from
r
~j
E-b
Denton to 01d Alton will have sufficient capacity to supply the City of Corinth
should Corinth decide to participate in the project. (See Table E-1.)
10. The Taxes Water Development Board (TW0B) may temporarily purchase` up to $10
million of excess capacity in the
reylonii' project for up to 10 years. It is
recommended that the District pursue this arrangement with the TWDB, Even
though this amount will have to be repaid wit,, interest, participation by the
NDB in the project will lower the initial cost of the systw for the initial
' participants until the dwunds increase and the cost can be spread over a
I larger customer base
~ ! I
f f
11, The unit cost of water for each participant will depend on the amount of water
{ used by the participant and the overall annual utilization, or load factor, of
if the regional systamf
i
l 120 rho total annual cost for the regional water system will be made up of two
componentst fixed cost and `variable coat, The fixed cost relates to the
' amount of system capacity available and the variable cost 'depends on the actual
IIIi amount of water suppllod by the system, The initial fixed cost for public
agency participants in 1993 assuming TM participation' is estimated to be
i
approxivAtely ;200,000 per year, per MW of capacity reserved 4175,000/140 in
1990 dollars), the initial variable cost Is estimated to be approximately
I X0,70/1000 gallons in 1993 ($043/1000 gallons in 1990 dollars). (See Table
~ E.6)
E
f 13, BAsed on full utilization of the District's treatment capacity with the
i euitoeer's existing facilities used for poking, a system-wigs average cast for
public Agency participants, assuming participation by the. TWDif, of
Approximately $1,73 por 1000 gallons (in 103 dollars) is sy;atod for initial
I
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t~
a
3
y)
E-6
development of the regional system ($1,52/3000 gallons in 1990 dollars),'
Without TwDB participation the average cost in 1993 is expected to be
approximately $2,28/1000 gallons 02,08/1000 gallons in 1990 dollars), The
actual unit cost for each individual customer will depend on the amount of
water they use each ,year, (See Table E-6,)
14, In order to maintain the tax exempt status of the District's bonds, it may be
necessary to issue separate bonds for the
percentage of the project used to
supply the three water supply corporations. The interest on these bonds is
j ~
expected to be approximately 2 percent higher than the tax-exempt bonds issued
for the remainder of the ro ect. The higher interest
p payments for these bonds
would be added to the annual fixed cost for the water supply corporations,
resulting in an initial- Mod cost'of approximately $220A* per year per WD
i
of capacity reserved, The variable cost would not be effectod, this" could
result to an Average cost of approximately $1,77 per 1000 gallons for the water
j supply corporations, As in alterhative to paying the Additional interest
surcharge, one or more of the water supply corporations could convert to a
'sub-district' or othow public entity, (Soo Table E-6,}
166 A tong-term level of service policy of delivering the customer's peak-day
amount into the customer's storage tank should be developed by the District,
Sneoial use bonds or other methods of financing can be utilized on in
individual basis to eohstruot customer storage and pupplog facilities; hoover,
each customer should be responsible' for the maintenance of its storage and
pumping facilities, Tho District should encourage point use of tactiltfea
betweNn individual customers and between the District and its customers in
order to develop an sconomfol system and reduce overall costs is much as
possible, Joint development of the elevated storage tank near Highland Villago
by the District and the City of Highland Village is an example of this type of
1
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E-7
1 .
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1
cooperation. (See Table E-7,)
16, In order for the facilities to be 'on-line` by the summer or 1993, finding
arrangements, design, and easement acquisition should begin immediately, ($ee
Figure E-2.)
17. A layout of recommended improvements is shown in Figure E-1 and
a recommended
schedule of project Implementation is shown in Figure E-2, A listing of
recommended Phase IA improvements with I I' opinions of probable cost is shaven in i
Table E-1 with a summary of cost sharing with the City of Denton shown in Table
j E-2. Projected water use for each participating agency is shown in table E4,
{ 1996 Available Water Supply for each PA Is shown In Table E-40 ; the 1493
{ Estimated Annual Cost for the regional water supply protect is shown in Table
~ E-5, an estimate of the Initial annual cost of each of the IO RWS PAs< 1s spawn
in Table E-60 and an estimate of initial annual of cost for facility
! participation by the District for Denton and Highland Village is shown in table
I ~
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.:.•~pz,.t
I
TALE E-1
LINER TRINITY REGIONAL WATER DISTRICT
WATER IMpLEMEMTATION PLAN SOK MENTAL STUDY
RECOMMEADED PHASE IA INPWVDOT1
(MAY 1990)
Oaeriptlon Opinion of
probable tOaN
1 Wilton)
4.9 ~qo tako R.y Robartr w" (of w M60)
j Intake Conduit (vrfto!a ;har1)° S 341 f '1 7. 43
RAY Mater A" Stat;ton 4M Pipo1Ina` 0.Z4 1114 4 -4
'
i I + 20-fifth pipollM to So6004 6.91 7 j
i 36.1neh Pipolfpo to Dint on (Urmm shores` 1.0
j I t0~lneh plpilt*a to Pilot Mlnt 161 i t
Ef lt•inCA plpollMO AuOiyy/Knq~r,filo~ t.JO
1 rl~lnth plpeltno 0ontaA to KM 0.71
,#O-fAOh I►10611M 0000e to Old Altos` 0. Sr
j 27~1noh pipollna Old Alton to Highland Vil lags 1 ?I f, d a
1o-ineA pipoiin0 to hrtonrillrlg0 1,p0
l 20-inch 910011M to APOle WW 0.11
j td•lnth ptpotlno to Leka Gibes MLW 0646
0,6'Mi rromw otorw, Hlot hint 14
f 1 ,
i t,b IMi elevat" 1tOrjV0- 01010A Y1116W 4446
I 600
tar
PrM 4lion,
Drnton : UT 2.16
( Rho,j oharo
l f J 14
i j EatiMated mfttruttton Cott
tnglnolrlM~ sarwylnt, taatlnq, lnypktlon, att., tI8.1!
j i at t0 poreont
j total eplnirn of probaDlo tonotrwtion eat
! laid And Ruarrnt atlownW ttt.67
Flnanaial aad l"Al at 4 poreln! LOI
Total op10100 of goat
(1910_dell4rs) t24.M
cou 1<2t.l4
ohan M414 eN Fall 1M1 bid data r!!h Mari' pawl Inflation.
' Ot of coot e110ated to Lff".
' 614 dMtal 4% 10 PM.
' Hadhr %t" cwt"m.
test alloaw to U•tAw (of IJTRMD'a eharo 64t allatatod to Denton, 164 to tM 10 PM).
` lot 10'M, 24t Doetoe
' 604 16 N: 664 1"016M Village.
` 10 of tat 111scat" to jam,
o~444o Pn~;~ 4 s? alt o
' s04 10 pho 10 Doetan,
• ' v;, t ow I'd
IN IU,lyvO Sri,:
It
4
RIM*
INpR&+1 C
YAWN
TABLE E•Y
UPPER TRINITY REGIONAL LfATER DISTRICT
WATER IWLEPWATION PLAN - SUiKDWAL STUDY
COST SI4ANING 111TH CITY OF 0"
(PULLIORS 3)
1190 1991
"Oct Capacity EstiMeted Estimited VAND City of Denton
lose' Cost' W (1)
uka Illy Roberts Intakes 32.OS1 = 1.00 $0.21 $0.12
(24161) (76.61)
LAW My Roberts MTP 10 WD 8120' 0401 447 4,64
(1911 (611)
i
I Laid Rsy Roberts WTi Site 0.38 0.41 (40420 0021
i
0) (611)
36-loth riprtiM 1Ak4 by Roberts to MOD 3.73: 4,ot 1.91 2.04
MCP to OMtoR (i9y) {it1}
1 *160 Plooline ea amat 0.2U 0421 `4.111' 0#11
1 krtley field And 0eostar tuep 10 MOD 2.2x' 2.39 0.37 cof
Station f 16.61) (Nl p1)
j Include 20Y EhOinwrim, SurrRyinpa Yoiltin0, AM IRswtian.
1001en at i1 (or 11 Months (lid dates for We 1001),
EOM rat Nlocstd to DentOR Muniaipa) Ilee00 Utility, 601 to Iglu Ray Retorts MTP. Conntruatiori 000144d.
i I Does not include $1.12 Milloe for raw wits? `161itiu.
1 Does not include storage tanks.
i
c41Wyr;
I
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TABLE E.3
UPPER TRINITY REGIONAL WATER DISTRICT
WATER IMPLEMENTATION PLAN . SUPPLEMENTAL STUDY
UPDATED PEAK DAY DROUGHT WATER USE PROJECTIONS
FOR RSW PAs► DENTON* AND LEWISVILLE
(MGD)
1990 1993 1996 1998 2005 2010
f
North Region
Singer O.bO
Pilot Point 0.63 1OdO .30 1.71 2,04 3.37 4160
Mustang WSC' 0.9 1 1'28 1.43 1.83 2.08
C Aubrey 14 1.44 2112 2.56
Krugerville 0.46 046 0.47 0.48 0453 Or56
K 0623 0:27 0.31 0.34 0.41 0.58
Like Cities *A 0129 0.39 0.36 0.39 0.46 0,66
1684 24 2163 2489 3.71 4.49
South Region
. j
Argyle MSC
Aartonv111e 0099 1425 1.57 1484 2199 3.83
WSC 2109 2.46 2187 3.19 4651 6.29
j Nighlend Village 5,82 1,19 8.63 9.53 12,48 14,53
total la RWS PAs
13.89 16685 20.97 23;57 3237 39,10
~ Denton'
25.61 2733 29085 3140 38.14 43.00
Lewisville
! 23.43 28.49 35035 37.77 44,38 47,23
1naludu B1;ak Rack C
includes Corinth
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TABLE E-4
UPPER TRINITY REGIONAL WATER DISTRICT
WATER IMPLEMENTATION PLAN - SUPPLEMENTAL STUDY
1996 AVAILABLE WATER SUPPLY. PROJECTED DEMANDS,
MD REQUESTED SUPPLEMENTS
FOR REGIONAL WATER SYSTEM PARTICIPATING AGENCIES
Total available Updettad Required Requested
_Description water supply demands supplement' supplement=
I (MAD) (?%D) (MOD) (MGD)
f ,
-I -
North Service Area
0.7` 147 1*0 160
Pilotr
Pilot Point 1.1 113 0.2 043
Musranq WSC 1.0 111 041 b,3
0.2
Aubrey 047 005
'`0,2
0,1
0.3
Krugerville 002
,
i Kra 0.7 004 0 2
Lake Cities MUA 112 2.6 1.4 1.0 .
s '
South Service Area
Argyle WSC 1.7 116 0,4
Bartonvill• WSC 2.5 2.4 0.4 110
Highland Viliage 2.3' 816 6.3 446
Totalso 10 RWS PA's 15.1 2110 8.4 9.2
Denton 3010 2919 - -
Lewisville 27.5 35,4 73
' Based an 100 percent'utillration of OWN water supplies with, n0 standby.
Requested supplement includes provisions for "eting water requirwnts,
water' i
1 providiraq syeters redundancy, sand for -reducing dependence of ground
suppNOs, `
' Does not include supplies from Lewisville.
j
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TABLE E-6
i
UPPER TRINITY RE410MAL WATER DISTRICT
WATER IMPLEMENTATION PLAN - SUPPLEMENTAL STUDY
ESTIMATED 1993 ANNUAL COST
(10 RMS PAS)
+ 1 1993
Total Estimated Capital Cost $240700,000
i
Total Estimated TWO$ Participation 10,000,004
Capital Cost Allocated for Facility Participation 4,200,000
i '
TWDB participation Allocated to Facility Participation 1,600►Q00
f ~
I~
Capital Cost Allocated to 10 Pits $20,6006000
i
3
TWOS Participation Allocated to 10 PAs B,6M1.000
Effective Capital Cast (IOPAs) 51200000000
r
l Annual Cost
I Fixed Cost
Dobt Service 1/2 * 0 20 yrs) 51,2700004 I
Administrative Cost (104 debt service) 1276000
NTP OW 330,000 _
f Pipeline 0W 60,000
1 Storage/Pwf Station 0W
j Total EstintW Fixed Cost t1► ►
Total Capacity, `M40 912
Estimated Fixed Castlmo (1990 5y' $2000000 (51760000)
r
(S+~j h f;sxA
1
TABLE E-S (Cont.)
UPPER TRINITY REGIONAL WATER DISTRICT
WATER IMPLEMENTATION PLAN SUPPLEMENTAL STUDY
ESTIMATED 1943 AMNUAL COST
(10 NS PAs)
i
v
arf eb
1e Cost
RAW Water Pupping
j WTP 00 $ 10,000
j pupfng to Denton 110,000
1 Pumping to Sanger 396400
i Ping to mot point 4x000
24,000
j Cost of Transportation thra Demon's Syst«p
P"I'nO to Krim
# 4,000
Pping to LOW
F"100 to South `Region 16,000 f
Trsitisportstion Cherges 1]2,000
i
(#.ObS/1000 gallons) 76,000
Total Cost
Total Annual Flow, NOD 247,000
Cost/1000 gallons 3,83
0.15
854,000
PAW TreatedeWatercpurchase,($1.641,00 igallons)
W--__12.0~00
Total Estimted Variable Cost
$10210,000
Total Estimted Uae, NCO
4.42
Total Estinted Variable Cost/1000 gallons (1940
#4.70 (#0.53)`.
Total EMAW1ed Annual 'Cost (#106420000 + 3112700000)
Total Estimated Avg. Cost/Iwo gallons '(199o 3# ]121p00
.73 (#1.52).:
Non•pub iC entitiee any sabaeot to a sureha a t0
borrowing 'tf participation of non-public entitle, is `ggroater thane ofcthe
pro,(eet. Used on 16.48+4 of total cast Allocated to YSC 1,
difference bdtww 10 ]/2y and a'1/24 interest rate for 201#7 the ) and the
a
expected to be approxiMately #360000 per Year or approximately $20000 p~Y~ per
NO of capeCity reserved (#0.07/1000 gallons).
rugi
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TASTE E-6
UPPER TRINITY REGIONAL WATER DISTRICT
WATER' IMPLEMENTATION PLAN • SUPPLEMENTAL STUDY
ESTIMATED 1993 CUSTOMER COST - 10 RWS PAS
Capacity Estimated
Estimated 1942
Reserved 1993 Annual Cost' Annual Use from UTw
Participant , (M60) (;1000) (M60)
Sanger 1.0
$ 261 -0.24
l Pilot point 0.3 137
i , 0.30
E Mustang WSC 0.3 143 043Q
Aubrey 0.2 a
76 0,15
{ Krugervil1* 0.2 60 0.08
I Krum 0.2 66 0.10 t
Lake Cities MIA 1.0 417 0.96
Argyle WfSC 0.4 190 0,40
I lartonvllle ku 110 407 0.73
Highland Village
Total 9.2
:3,126 4.90
daucd_on 2200,000 per WO for Public Agencles, $220,600 per MOD for Water Supply
CoMyorationf,: and 30,70/1000 gallons (ail 1493 costs)o includes $10 arttlfon ra
Participation to total project,
a~
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TABLE E-7
UPPER TRINITY REGIONAL WATER DISTRICT_
WATER IMPLEMENTATION PLAN - SUPPLEMENTAL STUDY
ESTIMATED 1993 FACILITY PARTICIPATION COST
i
c 10 R Denton Highland
Facility' (million Village
(million (million
I Lake Ray< Roberts WTP
Raw Water Facilities S0.45
U-inch transmission
f linty to Denton 0126 I 1,38
30-Inch transmission
line to Old Alton 097 0.31
2 NG Elevated Storage tank
Estimate Construction cost
~y $2,I5 21,08
EnOineering, surveying,0,43
testing$ inspecttion, etc. 0022
at 204
Land at Easement Allowance 0111
0400
Financial and legal at 4a
TOTAL; OPINION OF COST (1993
s2,i10 i1435
'
TWO Participatior? 1, 0456
TOTAL ESTIMATED CAPITAL COSY
~ :1.A0 $0686
r'"
5
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TABLE E-7
(Continued)
UPPER TRINITY REGIONAL WATER DISTRICT
WATER IMPLEMENTATION PLAN SUPPLEMENTAL. STUDY
ESTIMATED 1993 FACILITY PARTICIPATION COST
I
i 10 RWS Denton Highland
i
PAS Village
Facility'
j (million (million ll} (million i)
4
Annual Cost
i
f I
~ Debt Service (8 I/24 1 20 yrs) =190,260 >i 89,850
j Ad*iniatrative Cost, (104 debt service} 19,030 8,9yO
Pipeline OM I2900
Storage Tank OW
j I Total Annual Cost >r222,190 s137~840
}
I ` See Table E-It
$1sSOOo000 nroportiornM 674 Denton, 33* Hiohland Village
}
4-
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1I
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j
• o
010
004 00 i.,
I ♦ ♦
1♦♦ai••♦~••j♦uiua(uaa♦ d
~ g.x «
00
m 41
i
j -a0 A,■od
~ G *I v v 0
h w°~ ' a !
8-4 ZZ PC
" CJ y ~ 3 C z ~ ~ r+~ N~r
f
,i4lilap~
Year
5990 1- _.10ft 10"
19Y~
Project Aotldt► AN SLILY lAN JULY IAN JULY JAN 1lfLY
• Lake Ray Roberts WIP
Detailed Design !4
Advertiae/Award
Construction
• 2 MO Elevated Storage Tank, Highland Village'
Eoeement Aquisltlon
Detailed Design
Advertise/Award
i Construction. i
e 20--Inch Pipoiine to Songer/Pilot Point
Eoeement Aqulsitlon ;
Detailed Design
Advertise/Award
Construction
• 30 Inch Pipelino Denton To Old ton
Easement Aqulsltlon
I Detailed Design
1 AdverUee/Award ,
~i
Construction
• 20-Inch Pipeline to Argyle WSC/Laks Cltlei M,UA. '
Easement Aquisitlon ...~.y,.y
Oetallad Design
Adwrtise/Award I i
i Construotlo, ? +r 1 i
I
FIGURE E-Z
UPPER TRINITY REGIONAL WATER DISTRICT
RECOMMENDED SCHEDULE REGIONAL WATER SYSTEM
Year 11
Project Aotirity rttt nrtY J,wT rur t9f►2 3?ea
_ 10NLY ;AN JULY
• 3fi Inch Pipe to Denton
Easement Aquleltion
Detailed Design
Advertise/Award
Construction
• 27/18-inch Pipeline Old Alton to Hlghiand Vlifage/9artonvpte
Easement Aqulsltfon
Ostafled Oeefgn
Advertise/Award
Construction
I f • 0.5 MO Ground Storage Tank, Pilot Point
f I I Easement Aquleftion
r ; Detailed Oetign~
i
3 Advertise/Award
Construction
i • 8-Inch Pipeline to Krum
r
Easement Aqulaition
I{ Detailed Design
Lj Advertisb/Award'„"r '
Construction
0 12!-Inch Pipeline to Aubrey/Krvgervilis
Eosement Aqulsltlon i
Detailed Dailp 'wow
Advertise/Award w..rr
t Construction
S
FIGURE E-2 `(CONTINUED)
UPPER TRINITY REGIONAL WATER DISTRICT
RECOMMENDED SCHEDULE REGIONAL, WATER SYSTEM
Y!
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RESOLUTI
RELATED To CON'T'RACT FOR RAW WATER SUPPLY FROM SULP
PURSUANT TO A ' F{UR RIVER BASIN..
CONTRACT BETWEEN UPPER TRINITY REGIONAL WATER
DISTRICT AND THE CITY OF COMMERCE.
WHEREAS, the City of Commerce has rights to approximately
million gallons per day of water which In excess to its current 1
needs In Cooper Reservoir on the sulphur Riverr and
WIMEAS, the City of Commerce Approached the
Regional Water District regarding its interest in purchasingnthe
I E excess water for use in Denton Countys'and
I E
WHEREAS, the 'Water Master Plan for Denton County identifies the
sulphur River Basin as a
f probable future source at. water for
~ Denton'Countyr and
WHEREAS, the District has determined-that-t
ha•cost
Cooper Reservoir is vary favorable y'Narn in
L sourdesr and , compared to altei~nata`
I WHEREAS, the District is negotiating a contract with the City of
Commerce that is under consideration and which provides for
apurrchase of water by the District for up to one hundred-
yeersr
WHEREAS, terms of the Coreat ra'
the City of Commerce its cost andto~pay thhecost f obtaining
regulatory approval to authorize interbatin transfer of the water
to Denton Countyr and
' WHEREAS, the D
ct to financialtobl gationsrcunderrtheacontract Isstfrom contracill'ith
member- entities to purchase the water and to with
querantee pay"
__Lit i and
WHEREAS, the District proposes to apportion some of the water to
certain entities on the condition than they provide interim
financing to implement the contract,
i
WORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DO}~V'TONTRMAS Fi
SECTION 1. That the City of Denton hershy expresses its
support to the
Upper steps it is taking torassure RanioadequaterandDistrict reliable rwatthe
supply for the region,
er
s
ANl4 Rt
x`35 Y)r:]
SECTION 2, That the City Council of Denton hereby indicates
its intention to enter into a contract with tho District to
purchase and guarantee payment for at least two (2) million
gallons per day of the,water_to be obtained under the proposed
contract between the Diistrict and the City of Commerce,
SECTION 3. That in return for this senior right-to obtain
water from this projects the City of Denton together with certain
other entities will provide a pro rata `share of interim financing
expected to be necessary over an approkimate 3-year period to
implement the contract, obtain regulatory approval, and prepare
an engineering report regarding alternatives for transporting the
water, which interim financing will within a reasonable period of
time be assumed and repaid''by all participating entities on a,pro
r rata basis.
SECTION 4. Theht this. Recolution shall become effective
immediately upon its passage and approval.
bULY PASSED AND APPROVED THIS THE _ DAY 'Or
G `
} 1990.
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;or is, 1999
Potential for Purchase of Water yrom
city of Commerce in Cooper Reservoir
Bopkins and Delta Counties
Approximately 70 Niles last of Denton
I. Three parties contracted with the Corps of IbutuAers (COl) in 1968
^1ff to build Cooper Reservoir on the Sulphur River.
a. North Texas Municipal hater District,
b, city of 11Yia=,
C. Sulphur ]liver Municipal Water District.
f ~t
2. Ths Sulphur liver Municipal water District is composed of$
j a. City of Caumorcao
b. City of Sulphur SpringsO City of Cooper,
The approximate-rights: held
f ' 3. by eaol►.-psrty -ai U
his=
Irvin$ 39.31 "d
11,72 std
Sulphur Springs 13.18 094
Cooper j 3 * 1 x su84
Because of delays in completion of the project. the City of Commerce
s rsde alternative rrraags«nts for a water supply out of Itaka Tswa-
kani. Corwrea aatieipete no a6ed-lov.the water iu1,we foreseeable
iutatel tttara!'ors, they have to°dieated an interest in sellins all or
a portions cf the Utter undar terns tbat,ailo*;-them. sceeso to, tho
_
Water In the future.
. "Vi2 discussions about the water have trkaus plaee'batreen the
Cfty o
:4,l 1 f Commerce and the upper trinity Munieipai slater Authority,
1 Inc, iAC0 November 17o lots. The City of Commerce has retained a
conswltin8 entiraer to "slat them in iindin$ a buyer Agencies
other than UTWA alxo have been contacted.
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Potential for Puxchase of Water
January 1$# 19119
6. The project has a favorable interest 'rata (lass than 4x) committed
in the COX contract. It is anticipated that the federal loverm"At
will honor the interest rate upon completion of the project, sche-
duled for 1991.
/ 7. Used on Code of It linears estimates provided to the City of Can-
mares the cost p, secluding annual-debt-service. and OAK expense for
Its 11 71 mgd yield, will bat
Annual past $Jim a
Years 1 to 10 $ 63,241 $0.015 i
f Years 11 to, SO 255,625 06060 l
I Yeara,51 to 60 192,385 0.045
j Thug costs are for rpm water is the reservoir and do not include
pumping# tr6nwisaii3n or traatowty 'Phase costs are subject to
chant based on actual costs for the project.
So The Board of I MM is of the opinion that. ""Isitioa of this voter
resoures for Dentan County is amaistent with the msr~.er plan and is
' in the beat, interest of all participants in"tho regional system.
Megotiatiosun with Casmwrce are underway to determine if a mutually
beneficial agreement. tab~be auto.
f 9. If an agreement to obtain. this water can be negotiat4d, other notion j
will need to follow.
a. Evaluate alternatives for trsnsporting the water to Denton
County.
b. Obtain oomwitaMntr from one or more ntities ini~ Denton County
to $uarantee payment for the water: auk to participate with
UhMA in arrangements for transportation and use.
10. The firat,Payment for the water will to due upon completion of the
project, sabeduled for 199t.
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MOVtMitA
ALLOCATION OF WATER RIGHTS
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WATER BALE CONTRACT
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ARTICU I
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2610 Quality et llatnr 16
2►il Price.............:.....`......... 17
Li o , 6
17
ARTICYA III
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I~ttnr Bnrvia~ t Ea~re~nerv Mr atn; ~,5~ !w Ce~n..r.+.
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•Ird ~'r~rirination eben RS' tt--n.OA
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but Friar to Ful Ylraiam of Thies
20
3.06 Non-avail ility Diaaontinuanae o
Curtallfl/nt 6t, NatU Byte e # Y r . r r . • • . • $g
3.07 Cation for Purchase of rnta !!t in aka i*
or thtar raailiula 31Fsn Rx afar o
T"aation ontional...... r......Ye........,. Zg
3605 sationa in Evant of nn.rt
.amain Pray,
iiana of Cantraat...•••.•r•..•••
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3.32 Autoss 32
tit~-Fria! 11~(iuatarnt watld to-UtAx
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4.02 Batft-22y! +ri - ...e..e.•••..•.• 31
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This water sale contract (the "Contract") by and between the
City of Commerce, Texas ("roanoroe")► a hogs rule. City, and the
Upper Trinity Regional Mater District
DR'RND )a political
subdivision of the state of Texas organised and
operating under
Article 16, Section 54 at he Texas constitution, is nad6 as of
the day of , 14x4,
RUITALS
VXZRUS, the United States Army Corps of Xnq iralbors N
1 (thy "COt) {
i to in the process at
cso»etruct
ing Cooper Reservoig. (the
j "Reservoir") on the Sulphur River, which :;Reservpi :,~r 11 have
kk storage capacity to. impound approximately 404,400 acre-tat of
I
water, including 273, 000. acre-feet of wat*r for. municipal and
industrial water supply purposes (betweU,*levations 41566 and
440*0 feet ssl) and 121,400 acre-testy of water for hood control
storage (between elevations 44040 and 446«Z-test m4l).1
WHMMS, the 002 has entered into agreements with worth Texas
Municipal 'water District (,"ltorth Texas"), the City at Irving
("Irving") and the Sulphur River Municipal Mater District (*BRMMb")
whereby said entities collectively have agreed to purchase one
hundred percent of the water storage apace in the Reservoir for
smioipal and Industrial water supply purposes, copies of said
,f
agreements being attached hereto as Exhibits "AM, "DO and «C«
respectively). ,
, to evidence its purchase of said water storage s ce
BRMWp has entered into an a pa
9r+oaent with the CON (Contract go. _
DACN29-68-A-101 suppleaented and asendad
Noel on July 15, 1976 (joints r Bupp1etal Agraeaiant
Y► the COB/SRS contractM), a COPY
_ of which Is attached hereto as
Exhibit No*, or for E a total of 71,760 acre-foot of water storage space in the
} Reservoir for municipal and industrial
purpasos, obligating spjwD
. to pay (during years 1-1jO after
cosplstion at construction of the
Reservoir) tctr 17,780 acre-foot of said water s
t forage space in the
~ Reservoir as • scarce of initial
zmioipal and Industrial water
supply ("SRIMIS Initial Mater Sta
' Years 11-60 attar u rage 1tightFw)' and to pay `(during
omPletion Of Construction of the ltearz.yair) for
an additional 340000.aoro-Moat or said water storm a r
j Reservoir as a q pace in the
404rne at faturw wnicipel' And ftiduotriai
' ! eu p7.y t"S.'~Ifi~c+r Yuturo wdtor Storage Mater
Riq~ltaM) t
thn ASR dRkWh contract
provides that SRMwD wAY,
the fools o?~tis~n oe S",'), accelar*t at
t~ e Ilia time'o! pays+nt for, and
i right to use at, 9M00's Riture Water Storage Rights:
1
*11~, the,tottl annual diversion
perms,ed. by
Water Comiaission " ` the Texan
(tom TWC") from the Reservoir
Texas and xrir by SRflMb, North
lnq is 146,520 acre-toot per &mum
meunici (130,• ~~);0 being
70# for P41 use and 30t for industrial
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WHZREAS, firm yield studies performed by various engineers
have indicated the firm yield of the Reservoir to be 106.64 acid or
91,521 of the to*~a1 annual diversion amounts permitted by the r.4C
to m Ms North Texas and Irving, colloctivelyt
M1iE LU# S MO has obtained approval of and authorization for
storage, diversion and use of water available from its water
storage space in the Reservoir under Certificate of Adjudication
/ - No. 03-4797 ("Ck goo 03-4797* )p a copy of which is attached hereto
~a 14 as RXhibit "E", and Permit Not, , a copy of which is
!
attached hereto as sxhibit "r", from the Wes
rJ WHZXW, CA No. 03-4797 authorises 8RMM1D to divert and use
i
30,520 acre-foot of water per annum from the Reservoir for
municipal and i„dustrial purposes (being 104 for municipal use and
30% for industrial use)t
~II MiMmot mu Ma has entered into agroosants with, Commero-i,
I the city of Sulphur Springs ("Sulphur Springs") - and the. Allity of
~ r -
Cooper ("Cooper") (copies of said agreements bsir4 attaohad hereto
as Lxhibits "C", "HO and "I", respectively). whereby said cities
F
collectl.vely have contracted to purchase one hund"d,peroent of the
water stored and rude available for diversion and useby BrOM's
Initial and Future Mater storage Rights in the Reservoir
` VHVI 1S, Commerce,,. pursuant to the agresaant attached as
Zxhibit "G" (the "Commeroo/SRMwD Contract") has agreed to purchase
30,000 acre-Meet of BRMM 's Initial and Future Mater storage Rights
! in the Reservoir, which 304000 acre-foot consists" of `tOOO
-3-
!
F`
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a`acre-foot of SRKWD's Initial Water Storage Rights ("Commerce's
initial Water Storage Rights") and 22,000 acre-foot of 9 M 's
Future Mater storage Rights ("Commeraela future Water Storage
Rights") ar
MHRUM P Comllerao is entitled to 41.812% of SO MD's 71, 750
r acre-foot of Initial and Future Water storage Rights in the
Reservoir and is therefore entitled under inn No. 03-4797 to the
I
diversion and use of a total of 16plOd acre-loot of water
~ Per year
from the Rcserv'oir (4,294 acre-foot par year under its -Initial
{
i Water Storago Rights and an additional 11,911 acre-feat under its
i
Future Water storage Rights), being 70% for municipal use and 304
for industrial use ("Commarce~s Available Periaitted Mater")_
MRIAS, Commoroe's portion, of the Reservoir's firm yield is
i a total 'oil. 13 s 122 acre-foot per yoaz (3,498 * ra-fast per year
under its'1ftitial Water Storage Rights and an additional 9,624
i acre-feet p*r year under, its 1►uiuro Mater Storage Ri9his
f ~ being,
f 708 for mud otpal'use and 304 for industrial wm (MComerce's
' Available hiks Y1e140)t
WHZRWI it presently estimated by engineers that the fire
yield of the Reservoir could possibly be incrsased by approximtely
f 139 by socuring permission from the COS and TYC to utilise the
f 37,000 acre-tort of sediment storage space in the Reservairt
NUMM 11, Comoros is willing to soli rater from the Reservoir
on r toWnrary, intorim basis, only with the clear and unequivocal
agreement and understanding between Comoro* and Umm as provided
t
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In this Contract that Commerce may terminate or, curtail, either
partially or who7,ly► the sale of such pater to M 7M for the
masons, at the times, to the extent of and under the, terms and
provisions provided in this Contract and may enforce such
termination or curtailment by mandemug or other remedy as provided
herein or by applicable lawt
WHERRUt OTRMD (and its predecessor, the
upper Trinity ,
KunIcipal Water Authority& inc.) have caused various engineering
studies to be made to determine the ~ availability and
cost of
various potential' raw ester supplies to CTRVD and its member'
cities?
I Vie, UTRWD intends to obtain additional water from other
sources at later times to matt this f u r t h e r needs of ito, customers
l and agrees to timely replace the supply of water 'provi" under
this Contract at such times as Water:sexvioe.under-- this Contract
say be curtailed or, terminated, either wboll or
` Y partials and. in
{ that aorinection► tM"D agrees to timely undertake MW oooplate the ~
reasonable planning and construction .efforts to obtain such
additional replacement water supplisat
NHER $s UTRt1D desires to acquire water from Commerce from
the Reservoir on a tmrpor"p interim basis under the terms and
provisions of this Contraott and
Commerce desires to sell to GTRYD water from the
Reservoir on a temporary, interim basis under the. terms and
provisions of this Contaractt
a_
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NON, TMMFORE, for and in Consideration of tae promises and
the Mutual Covenants and undertakings of the
parties hereto, the
sufficiency of which is hereby Ocknovledged and a
greed .upon, the
parties hereto agree as follower
ARTICLE 2
1.01
"Additional Term" seam a+ period of time
Of the Third Term and thereafter continu I9inning at the and
years. continuing !or a period of 50 "CA
r~
Udi Issued oNthe°Sulphur RaverC1~ aiW Natar jDi torict tlon 110* 03 Taxab
Water Co=ission, by the Texas
j
! "COs» means the Finites! States Army Corps of 2"inearse..
"COL'/S Mi1D Contract*
seam ao
a
'coement (Contract No. „ _ 2l~Ctiv~ly, that
` auppen (d and asrodid CbNy29 6t A0101) Mated March 39, 1968#40
! - July If# 1976 between the Unitod Sta tl ant flo t Cared
Army Corps at
the Sulphur River Municipal water District-tar t sneers &W
total of 71,750 acre-feet of `rater storage apace of a
Reservoir by the Sulphur River kuniolW water Districts;--yCooper
I Commerce" moans the, a ty of Caauwroe, Texas.
"Commerce's Available Piro Yield* moans Cormeraeas
that amount of water which can be continuously supplied !r Cooper
share
Reservoir on an annual basis through' thd'worst 'drought t ~ ecorr
said amount presently being estimated.to be 130121 acre-foot per
year.
"Coftsree's Available permitted WaterM Means C
s a
of the amount at water of Adjudication
No. 03- Wrritted under Certificate of 4797 for diversion and use for eutsici 1
purposes,, said amount being 16,106 acre-foot ~ aid iiiustrial
per year.
"CosimaroaOs Future Water Storage Rights" means
additional. =share of the available municipal and Cl wet s
storage capacity in industriaal avatar
~ Cos/sRMND Contract b Cooper Reservoir for future use under the
construction dz Cooy payment rV ir ysors at 11-60cAltar
h earlier tbo
4
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fCommerce and Sulphur River Municipal Water District may request,
said amount being 22,000 acre-toot.
"Commerce's Initial Termination option" means the right of
Commerce under suction 3.02 of this Contract to partially terminate
service to the tipper Trinity Regional slater District in an amount
up to twenty-five percent (250) of the water otherwise comitted
hereunder.
"Commorests Initial Water Storage Rights" moans Comtweroe's
share of the available municipal and industrial water storage
capacity in Cooper Reservoir for initial use under the CON/sRM
Contract by payment in years 1-50 after completion of construction ,
of Cooper Reservoir, said amount presently estimated to be s,o0o
acre-feet.
"Commerce 0a second Termination Option" weans the right. of
commerce under Section 9.03 of this contract to partially terminate
r 1' service to the upper Trinity Regional Water District in an "cunt
fifty
hereunder percent ($Ot) of the water otherwise committed
"Cowmercels Third Termination Option« Means the .right of
j Commerce under Section 344 of this Contract to partially .or
totally terminate service. to the Upper Trinity Regional,,Water
District
in an
amount up to all of the
water otherwise oomM
itted
hereunder.
~ of construction Date" Means the. eariie>~. of the date of onosplstian r
Army Corps of Cooper Reservoir as certified by the united
states
seA Engineers or. the. data. upon which eke, corps of
permits water in Cooper Ras*r%+bir to be diverted and used
by sulphur River Municipal Water; ginUict or cooirwerce..
"Contract" seams this contracts
"Cooper" means. the City of.000per,.Texas.f. "Delivery point" moans the point or-points on the perimeter
of Cooper Reservoir or as otherwise agreed heirein at which Commerce
agrees to provide vater under this contract, to the upper.Trinity
Regional 'slater District.
"Mutton" manna the City of Denton, Telcas.
""emergency" means a sudden unexpected happenings an untorseen
occurrence or conditions a sudden or w*xpeoted owasion for
actions *xi encyi pressing nooessitys or a relatively 'permanent
condition of insufficiency of service or facilities resulting in
social disturbance or distress.
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"1►iscal Year" means the period beginning each October i and
ending the next September 30.
"Initial Tara" deans a period of time be9innin9 on the
completion Date and thereafter continuing for fifty (so) Years.
"Irving" sonnw the City of Irving, Texas.
"Lewisville" means the city at Lwiwills, Texas.
"Mater" means the notor, facility, or mechanism mutually
agreeable to the parties to measure the amount of rater provided
to UTRWD hereunder.
"North Texas" means North Texas Municipal Water District.
"Reservoir" means Cooper Reservoir on the Sulphur River.
Msscond Term" means a period of time ocaawmcing upon
expiration of theinitial Term and thereafter continuing -for
twenty-five (25) Years.
"BRXWDO means the sulphur River Municipal Water bistrict
0810 D's Future Water st4raga Ri ts• wars
` Municipal Water Dist i r sulphur River
~ r ct, al additional sham of the available
i municipal and industrial water storage capacity in Cooper'rtasirvoir
for future use under the COS/80M Contract by payment in years
1 iat-60 alter the oorpletiots Of construction of Cooper Reservoir or
at such earlier time as sulphur River Municipal, Water District may
request, said amount being $4,000 aors-tat.
1 "sxW.WDis Initial dater storage 919bts" mtano SRMDM's share of
the available, municipal and industrial water storage capacity in
Cooper Reservoir for initial use under the COE/SRM contract by
payment in years 1-150 after completion of construction, of Cooper
Reservoir, said amount being 17,750 acre-lost.
"Suipbur springs" means the City of Sulphur Springs,' Texas.
I
"Termination Date" means the date upon which the obligation
of Commerce toprovide water to
Upper Trinity R ionai Water
District under this Contraot will totally terminate by reason of
action or inaction at the parties hereto as provided heroin.
1 "Termination options- soars Comseroe+s Initial Termination
option, Commeroe's Socond Termination option and Coaamsrce's Third
Termination option.
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th"Third Tornio wens a period of time o! e second Term and thereafter contis
yeere. u~enc
uq upon exxppiration
inq for twenty-five (23)
MTMCM wens
the Texas water Co"ission.
«"ID" **"a the upper Trinity R ional Mater
Distrust.
Jkll
correct exhibits attached hereto are
o"las of the originals of 043" and are her true and
by reference
heroin for all intents on i orporated
purposes.
2.01
s Commerce agrees to sell to U27M and
hereby agrees to purchase from fT1'AwD
Comserce an asount of raw
the Reservoir equal to _ water from
is entitled free Costere total amount Of water Mis1oh Com10 es
Initial Nator St
water storage Fdobts ore
its gs Rights and ~t~~
the R"Qrvoir
CJ1 xos 03-4107 under and the poh/sbR1ID
the contract,
with r and CO~r'o/Sam Contract in 'ate
rdance
~
the to provision, and for . all
such interis
i~ period, set forth its this Contract , ~ tbporary
by# the tears and all snbj to,
and provisions and limited
No. 03-4797 a! the Cpl/BRIMp Contract,
i
and the Coseeeroe/sFp Contract.
Z CA
.OZ
Sections 3.02 M"UU8. Subject to the provisions
- 3s0a of this Contract of
Date, Coe ski to soli to ti'i'R1fD "o inq on the Completion
from a at the Dolive ~IfD egress to purchase
rY Point from CoMnreraa,s tnttiai arb/or,
as appropriate, Future water store o
the Cosserae g Rfgbts in the ~ervoir Under
a /sR1ltID Contract,, the COL/BRMtID Contract and CA 64w47970
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a total maximum amount of is,lod acre-feat per year of permitted
diversion or 13,139 acre-feet per year of estimated firm yield of
the Reservoir.
9.03 Timing of sales of Water from Commeraats Initial and
~tur• Mater storagg Rights, The water agreed to be sold to CTRMD
by Commerce under this Contract is based on Commerce's Initial and
i_. future water storage Rights in the Reservoir. Collectively, the
COX/SRMND ` Contract and the Commaroe/8RXWD Contract provide that
i Commerce will pay for its share of principal,, interest and
maintenance expensas of the Reservoir for its initial Mater Storage
Rights in annual installments during the first fifty (50) years
attar completion of construction of the Reservoir &@I certified by
1 the COX and for its Future hater storage Rights in.-years eleven
(11) through sixty (60) after completion of-ther Assarvoir as
certified by the COX (the. "Coopletion-Data").. however', Commerce
has the right under , the.Ccsa4taros/SF MDt Contract: to• ropirti $NOD,
pursuant to the Cox/MOD Contract, to accelerate access, to.and use
of Commerce's Future Mater Storage Rights in the Reservoirs and,
3
f
in the event of such, aoaeleration0 payments by Comineroerto SOW J
' and from SRMMD to the COX are accelerated.
'CMD hereby agrees that the amount of, water- to `which.. it is
entitled under this Contract during the first ten years after the
Completion Date shall be limited to water made available by
1 Commerce's Initial Mater storage Rights (40994 aore-fast per year
of permitted annual diversion or 3,448 aors-feet per year of
F
yprRi!d!
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' esti~aated lira YielA ,
) unless vTMM notifies
desires to accOl*rate access to and use of c co rms that it
Storage Rights daring water
the initial ten-year period after the coapla.,
ch event Comerc„
a!►al2 accelerate ite right to
lhrture Water Storage Rights in
the Reservoir under the Cca_
aNrae/s1imp contract
(and, ',Ctirrespondttply~ eKK11D shall aec
its right to Coareraeo■ Fut elerate
are Water Storage
Reservoir under the ops/sRMND Riots In the
Contract). In the,
ace,leration, event of such
~ UTRWD agrees to accelerate Its ,
i 48' hereinafter provided for Payments to coerce
water made available
Future Witter Storage Rights. by Comarrce~s
2.04
Com aerce i s right . to divert and use water as" available' by' its
rnitial and Future Water storage 1
Rights are deal ~
In the sulphur River Basin S1ted for use only
and are specified as
(704) for runioipai we and there seventy percent }
Y percent (304) for industrial Use
in the C+ox/SmmD Contrast
" .in CA to. OwOj$7.
=urther
Provided in section 4.04 hereof As,
to r Co"srce and VTM hereby agree
Jointly use reasonable ettorts
necessary, to saoure.. approval, if
by the COE, , 8R1MD~ r_the . TMC. r»q
gove:'~►ehtal or other UY.:..other appropriate
entities of a dv
of Of ~gR in the place and purpose
such water to add authorit to
in the Trinit Y divert the later for use
Y River
basin within the District or its
up to one hundred pelt (loot environs for
■unloipal pux'pose.
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2.06 Agrlament to Rrauest Vi2-2 t Water troy Air1.~..a Q4
Commerce and -UTRWD agree to jointly use reasonable efforts to
explore and disbuss With, and to obtain approve, of, gM Mt1, Cos,
TWC and other appropriate entities for Commerce to utilise and sell
to VTRWD Water made available by accessing Commercess pro rata
share of any sediment storage capacity in the Reservoir for
municipal' purposes for an interim or other period of time. tul
I
reasonable exponsos of such efforts, the amount or which shall be
agreed upon prior to e
.1 xpenditure thereof, shall bs,paid by UTRifD.- 1
' sRKWDOs share of such sediment storage is presently estimated to
be 0720 acre-feett Commerce's pro rata share would thus be
4064 More-feet (414124 of 9720 aore-feetr•'. If: Commercial .
successful in obtaining approval to utilise water made available
from Commorae f s pro rata share of sediment= storage space in the
i
Reservoir, then any such additional water shall bs•:aad* available
i by commerce to t1Tn1/D under the torso and conditions of and for the
interims tempora
j I
ry period provided irr,, this Contract: TkM: only
additional consideration to be
paid by CTRMD-. ..for any such
additional water shall be to reimburse Commerco for any expenses
inourrod by commerce in obtaining and providing such water,, if
any such additional water is obtained, the parties agree! to enter
1 into a supplement to, and amendment of, this Contract in order to
I further evidenoo the sale of such additional water to UT M by
Commerce as provided herein
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9.06 Delivery Point. Water provided by Cameros to UnWD
under this Contract shall be provided at a point or points
(collectively# the "Delivery Point") Mutually agreeable to the
parties hereto and subject to the approval of the cost sy4MD and
any applicable rwplatory authorities.
2.07 Damian and Const=ction of nixa 1o and Tr nabor}~~;
f~~~ ~'aailities.
I ~
(a) UTRWD, at its solo expenso,'shalr install all facilities
necessary to divert, transport, treat and- except for the
E Reservoir, store water provided by Comeras under this Contract.
! 7111 such facilities (other than the Reservoir) shall be initially
1
oonstruotod, owned, operated, maintained, repaired and replaced by
!
UTRWD. such facilities shall include *'s ter'or other facility or
{
Mechanisx acceptable to both
parties (the Motor") for the purpose
of measuring the amount of `water ,
provided to OTRND urwor this. i
j contract to areure coooliance with the term of this Contract and
to allow Commerco and BRIM' to accurately report the amount of
water diverted and used from the Reservoir.
(b) It is the statid"intshtion and clear prefirance of UTRWD
to enter into an interlocal igree"nt with North Texas and/or
others to finance, construct# operate and Maintain joint diversion
and transportation facilities, which facilities may or my not
traverse Comoro* or be located in close proximity to Commerce. 1'n
such ovent, UTMM will provide Comerce-with the location, design
and construction plans and specifications, of such facilities,
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including the Motor, in advance of tinalitinq such plans or
commencing such construction, for any com>.ents and observations as
Commerce may have. In the event the Motor is shared with Worth
TOXas or other diverters, the parties shall agree, 'prior to
diversion by UTRwD, to a method of allocating UTRKDIs use of water
under this contract as a portion of "a total diversion through the ,
Meter. {
' (c) In the event UTM to unable to consummate an agreement
I~
as 'described in Bection 2,07(b)• UTAWD will coordinate with
A
Comoro* the location, design and construction at facilities,nosded
to utilise the water sold heroin, including the route of
anY, new
water transmission main to be constructed: Comoros will assist
UTM with any approvals rwV1.,NW tar r1vhtx+otA--vari. within
f Commerce0a city limits. Design o!
r puns snQ-speoilicstion for and a
I construction of the raw water intake, raw water pump*# motor and
f raw water: transmission gain, or any replacements, improvements or
i betterments thereot, tram the Aeservoir throw Coasmetaots city
limits *hall be subject to,prior inspection, review and approval
by Commerce, which approval shall not be unreasonablr withheli or
delayed.
Prior to ooatmenainq construction of any such facilities, U'nm
shall provide at least sixty (60) days written notice to Commerce
aaco"Paniad by a copy at the plane and specifications for such
improvements. commerce shall have the right to review and approve
any such plans and specifications (and any subsequent changes to
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or deviations therefrom), which approval. shall not-be unreasonably
withhold, prior to coaxencin
g any such aonstruot3onr tJTRWD shall
give cosm►erce at least thirty (ia days notice of its
aosrsenc• such construction and easa,•r intent to
ce shall have the right to
Periodically inspect, and a '
pprove such construction to assure its
conformity to the approved plans and specifications
shall not ; which approval
be Unreasonably withheld or delayed.
1 (d) To facilitate Coas•roe+r having emergency ac
portion of access to a
the water in accordance with Section 3109, of
Contracnt this
t1TRWD agrees, as part of its original construction
install in its ► to
pip•Iin•
At ~ a
location >tutualiy acceptable to r1'I'R1/D
end Coxaeran, an 'ppropriate connection
, tap or flange.. The exact .
~ location, rise, nature end configuration Of the cUSnaotion, tap or
y ,aubr•quen,t engineering, study, which
study will be Made «yailabU to Ca
j
mm•ro
r which approval rhail not be for-review and approval, !JY.,
Unreasonably withhold i ~ taetiitfr. or.d•la
Yed. Any
dsrired or no•ded by comaroo, ei
} a later date ther initially or at
o in addition to the connection, tap or flange to be
I provided by UTR" shall be provided, paid for)"owned andropsret
by Comerce. ed
LOSS X41x6 The ttet•r nay
Y be calibraat•d,;at any reasonable
tiw by either party to this Contract
saki r provided that the party
ng the calibration rhAll notify the other
f3) weeks in a party at least two
4van00 and allow the other party to witness the
calibration. Further, the H•tar shall be tasted for accuracy bY►
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and at the expanse of► MWD at least once each calendar
intervals of appromisately twelve (12) aonths and a report of such
test shall be rurnishad to Coamoroe.
However, in the .avant any
question %risos at any time as to the accuracy of the Meter, the
Meter shall be tested proaptly upon den" of Copmerce, the 60ense
of such test to be borne by Comoro* if the Motor is found to be
within 5% accuracy and by Ul'RvD if the Motor is found to not be
I within at of accuracy.
If# as a result of any test, the, Motor is found to be
rogistori tig inaccurately (in excess of 5t 0t accura
raadi cY), the
rigs of the Slater shall be corrected at the. rata of its
inaccuracy for any period which is definitely known or agreed upon
or# if no such period is known or a oat u
gr poi7, t.lae.tehortear,;of>t.
(i) a period extending back either sixty.(so) days froa the
date of doaand for ths,test or, if no-destand for the test was
i
j zado, sixty (60) days frou the date of the tes
tt or
1 (ii) a period extending back halt of the tixe al&psed since
the last previous tGott
and the records of readings shall be adjusted accordingly.
2sbh
s title to, and
possessi OA and control a!, the water provtOod bx,Cca zarce under
this Contract shall rein with Comoro* (or, as appropriate, sVft
i
or the COY) whllc it is in the Reservoir& Title to, and possession
and control o!, the water shall pass to'Ut9ft at the Delivery
points
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L } The water auppiied
hereunder shall be raw, ~ Coaaerve
. untreated water in its natural condition
in the Reservoir. hater
provided by Comoro* to UTRND !roar the
Reservoir under this Contract is
provided AS Is, MUM YS, AND
WITHOUT ANY MARIt11NTYllS O! WMTSO
rM NATURE, XXpRESSID OR
IT $LINC THE YK''ENTION 0! CO rWLYED,
C3 AND UTM TO >371P1t"BLY MM U
i AND EXCLUDE A" N
AMtAWZXs, YNCLUDINCJ WITHOUT, CITATION, Ta
YKPLYED WARRMMXXS OF If00I1 WABILITY, FITNESM VOX ANY p
J PtJItPOBE AND RICHTIrtTY, 1ytTYCUL~11t
+ TRA onm CONTAX"D IN Olt ="Tab by.Tu TEXAB
UNY!'ORN CO.
NRCIAL CORE.
2*11
1' AQ# In consideration for Comaraef
~ provide water s agreement to
under this Contract, UTRWD hereby
Comoro* the followings a4frees to 1~Y to
(1) the sum of 450,000 to reifturso comero, for
j ~ its costs in developing and acbrinistoring its m
participation in the Reservoir to, the data of
Contract. The $300000 shall be this
within six paid by, .UTRND. to Comm
earoe
(6). months after the..
txeouti
a
n of
f Contracts _ this
C21 All rugs
(including engineering, legal
administrative, travel, telephone and other out-of`f+ooket
Costs) expended by Coperca in attempting to obtain the
regulatory approvals referenced in Section C04 of this
Contract, whether or not such approvals are ob
tail%ed t
Provided however, a proposed budget for such expenditure
Ir
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shall be first submitted to the Advisory Committee
created pursuant to Section 4 6 09 of this Contract for its
review and 'approval and all subsequent expenditures O.hall
be submitted to said Advisory Cc=ittee for review prior
to payments
(l) Such amounts, at such times and in such
installments, as hecassary to enable commerce
i to times
pay to SMWD All" Y
+urounts owed by cce to S under
the Commeroe/gR Mt) Contract for Coameroe's rnitial and
Future Mater Storage Rights in the Reservoir, including
J ;
all amounts to pay=
M CwamarceIs
pro rats share Of annual
j prinalW and interest payments owed by 83tilND
f to the CON under the Colt/Si Contraott, 1
41) CommeroeIa pro rata share of all amounts
{ owed by BRIM to the Cox, for maintenance
expenses of the Reservoir under the-CON/Sam
Contracts and
(iii) all amounts w+M;Ay Cobmerae to 81, as-
a principal and interest reserve tand and/or
maintenance, reserve fund under the
Comweroe/SRMfD Contract for Cowmaroe's pro
rata share of SPi twos share of the principal
and interest and/or maintenance expenses of
the Reservoir under the Slab/COx contract.
"low
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.3
All payments required to wade under this sub.
paragraph 3 shall be made in installments so that at
least thirty (30) days prior to the time that Comgeroe
must sake such payments to aRXWD, it will have sufficient
funds availablo. Commerce shall provide UTRIID with a
schedule of such payments by september 30 annually for
the fiscal year beginning October I in order to notify
VTRWD of the. amount and timing, of such payments,
j provided, howevor, that such schedulo, may bw. eodifJod-
i j
during the year as necessary to coincide with Commercials
obligation to $NM I
(4) All reasonable and necessary-costs incurred by
Commerce directly or through,. BRIM is for i administering -
Commerce's Initial and Future Water Storage, Rights4 VTMM
I
shall not be obligated to pay to Coamroar or any other
person costs for any project or activity of such person
1 except those costs which Are directly related to
Commerce's Initial and ftt ik hater. Storage (lights that
are the subject matter of- thlsContract: Commerce shall
submit a statement. to- UTAND at the conclusion of each
fiscal year of fierce detaili,:►g the direct costs to be
paid by 11TM under this subsections It CMD disputes
the amount of costs to be paidby it to Commerce, UTRWD
shall nevertheless pay such costs, but if it is
subsequently determined by mutual agreement or otherwise
M1Ay t,
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that the amount of such disputed costa shauid have been
more or less, Commerce shall promptly revise and
reallocate such costs in accordance
dstermiinationt and with such
(a) Annually an or before December 31 of each year
a stta equal to five 1
percent (51) of UTM,s
l under Section and (ii payments
1 ) and (a) above for the
previous riscal Year,
iutvithstndinq anything herein to the contrary, however, UTRpD,
Obligation to make s
paYments to Commerce under this l be unconditional and independent of whether or not any water from
the Reservoir is actually provided or
diverted or made available top or
used by, V72" pursuant to
this contract. •
3,f1Z
I On or before J'uns - I of each
Commerce shah establish a preliminary `Year,
by and budget Of costs to be paid
sr
I this
i contract for the next
p ensuing twelve month
eriod beginning October 1. MRifb shall have thirty 30
~ attar receipt of raid roe ( ) days
p lbsed budget to file its comments thereon
with `Commerce, After receipt of raid a
adopt a tina2 bud omma9ts,-Commerce shall
get for raid period by september 30 of each
the final budget shall establish year..
amounts r periodic +►rounts, including any
equired to be paid Wader Section 3oi1 ' to be
i Mid by RPD
for the uuuing one year period beginning each
October 1, Ccu"erae
24Y amend the budget during a 1►lacal Year if 11eceavary to adjust
It for any unforeseen batters related to
E the Payments under
1
Section 2,11(3) (1) and (ii) above. Any such adjustment shall be
adopted only upon reasonable notice to UTRWD under the
circumstances which shall normally be at least thirty.(3o) days
written notice with opportunity for UTRWD to comment on any such
change prior to approval theraols payment of each periodic amount
shall be due in accordance with the approved budget. All late
payments shall bear interest at the lesser of fifteen percent (16%)
per annum or the maximum allowed by law from the due date until
paid. VrMM shall be solely'responalbie for billing .&M collecting
from its water wietomere. Failure to collect from its customers
will not affect M WD's obligation to make all
i Daunts due to
Commerce.
j Should t1'rRWD tail to make any payment. as, required hersundert
then Commerce shall utilise the reserves maintained by it on behalf
of VrWD to make such payment to the extant funds are available in
such reserves. to addition to all other. r*quirot. payments
I
hereunder, to the extent such reserves are so us*4#,UTAWD shall be
l obligated to, immediately pay to Comoro* an equal.. amount to
replenish the reserve fund so depleted.
ARTIOU III
Tarsi manawait Cntfanal Orareinatiant durttiisant ge
1[iter_Aerviaet Wmardanav totter Use Ly Ce
3.01 JAM#
(a) initial Term. This Contract shall become effective upon
execution by Commerce and tJ'fRWO► and thereafter, water thall be
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provided hereunder for an initial term of fifty (so) years (the
"Initial Term") commencing with the completion Date.
(b) Second Term. ;f, and to the extent that, this Contract
or water service hereunder not be previously terminated, either I
partially or wholly, by either party hereto, aM subject to
Commbroe's Initial Termination Option as hereafter provided
commencing upon expiration of the initial Term, tTrRMD shall have
E the right and obligation to continue to purchase the remaining
available water from Commerca~s Initial and Future Water storage
Rights in the Reservoir for up to an additional twenty-five (25)
years (the "second Term") unless UTRND gives written notice to
Commerce no later than five (s) years prior.to_.tbe expiration of
` the initial 'fern of UTMOs desire to terminate of Contract.
1►ailure of UTRND' to provide timely notice of such elovtion to
tsrslAate shall bo deemed to be notice by CTRND of. its intent to
extend this Contract for the secand Term at the end of the Initial
(i Term. The purchase and salt of water under this Contract during
i the second Tarr shall be under the same terms and conditions as are
oontained'in this Contract for the Initial.Term.
I
(c) Third Term. If, and to the extent that, this Contract
or water service hereunder not be previously terminated, either
partially or wholly, by either 'party hereto, and subject to
Comarce0m continuing rights under the second Termination option
as hereinafter provided, commencing upon expiration of the Second
Term V12WO shall have and is hereby granted by Commerce the right
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and obligation to continue to purchase the remaining available
water from CO"arce's Initial and Y►uture dater storage Rights in
the Reservoir under the
an wale tarps
contained in this Contract for
additional period of twenty-five (Zs
) Years (the "Third Term")
unless Mtt+to gives written notice to Commerce no later
(s1 Years prior to the than live
expiration of the second Term of UTRni
desire to terminate the Contract$ s +
failure of 1dTR1fD to provide
timely notice of such election to terminate shall be de
notice of continuation of the contract at deemed to be
the end of the second
Term. The purchase and sale Of rater under this
Contrast during
the Third Term Mall be
under the sash terms and conditions as era
? contained in this Contract for the initial fiery.
(d) Additional Term. tt. and to
thw extent that., this
I Contract or water service hereunder not be
yrevie>usly terminated,
4 either partially or wholly, by either
party heroto, and subject to
Commerce+s Third Termination
option as hereafter provided,
commencing at the and Of the Third Tara Mao shall
granted by Commerce pursuant to section. 3. pd hereof
first retual2 to use an a. right of
_Y portion of the remaining water from the
Reservoir under tat=s
similar to this contract for an additional
Period of 50 years (the "Additional Tdrs"). The provisions of an
contract considering such extension of the rights of Y
UTM
during
the Additional Term which will be subject to negotiation
th
e end
Of the Third Term shall be limited to the price of water.
j
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(e) Effect at termination by u"No. Yt a'PRftD exercises
right to terminate and cancel its
its obligations under this
section 3.010 . it abaci have
no obligation to pay any further
amount. under this contraatt
provided, however, that UTRND will
Pay to Comore* any suss which had accru
before ed to Commerce hereunder
the effective data of such termination
3.o2 a»d cancellation.
v
! anYthi Notvithstami
rW herein to the contrary, Commerce hereby reserves the
option and UTRWD hereby grants the option to
Co""", to terminate
Comoro" obligation to provide water tq
VIMM under this Contract
in an count up to P a total of twe»tywliw.
water available percent (254) of the
under this..Contraot"comrencinq upon expiration of
IE the Initial term er
( Commexce~• Initial Toraination option*
said
option *Ay W exercised once at any time after expiration of-
I Ynitial TOM Gaserae must Vivo written notice to.VTMM the
! at least
! ten (10) years Vries to
the exercise of suoh,"o
I Coaweroe exercises its x»itial Termination ptian: At the time
agrees to option, Commerce hereby
Pay to UTRwD, for the proPortionate
it reacquires the right to use of water which
share of all under this option, the~pro rata
Principal payments (as provided it the CCjg/S
Contract eftectively We by UTmM as a result of this contract
prior to the effective data of C
oanaarae r exercise of the x+ption.
The amount to be paid by commerce under this section shall not
e
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li' y
1 of
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Include interest or operation and maintenance expenses (as provided
in the COZ/SRJMD Contract) effectively wade by VTRwD#
From and alter the effective data of
Commerae#s initial Termination any ex}~roise of
option, payments by t1TRMD to
Commerce under this contract shall be reduced for all payments,
j including principal,
interest and m-'Itenanae e
attributable to that
portion of the water no longer sold by
4 COMoroe to tJxM bereunder.
j
9.61.E
By C nor
I LPercent 1601 c.t Cn~ ,
-AW=t• Commerce hereby reserves
the further option, and'C"WD hereby grants the further option to
commerce, to torminete Comm6rce+s obligation to provide water to
pTRND under this Contract in an amount up to `4a total of fifty
percent (504) of the water available under this Contract.
' of water, if, Any, (inclusive
L 'previously rewsoquired by,CO"4rco by exercising
Its initial Terminatiion
option) once at-'any time upon or attar
expiration of the Second Term
of this Contract e'
Termination ommeroe0s Second
optionw (C ) o Comoro* must give written notice to U'TJIWD
at least ten (10) years prier to the effective date of the" axartiise
of the option.
At the time commerce exercises its Second Termination 7ption,
Comoro* hereby agrees to pay to v for the
proportionate
amount of water which it reacquires the right to use under this
option, (1) one«half of the
pro rata share of all principal
payments (ar provided In the Cot'/sP.MMtp Contract) effectively wade
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v
by UTRHD as a result of this Contract prior to the effective data
of Commeroets exercise of t,'te option and (ii) the proportionate
amount of the principal costs of any Reservoir improveaents made
by the COXo SPAWD or other entity, as aPProPriato
i ,and effectively
j pad by tr wD during the last twenty (2o)
yews Of the Beoond Term,
The amount to be paid by commerce
under this section shall not
include interest or operation and maintenance e r
xPenses (a$ provided ~
f in the cow/sRWD Contract) effectively wade
I by q'12n. The
Reservoir improvements, if any, which are within the scope of this
section are those improvements (not including, routine operation
and
maintenance expenditures) which are comaiderad
by the CdE or any
successor thereof as betterments or improvements'that extend the
life of the Reservoir or increase the available water'supply in the
4
Reservoir.
{ From and after the effective date of any exercise of
Commercets seaonc! Termination
option, payments by tTtR" cinder this contract shall be reduced for all td Commerce
Payments, including,
principal, interest and operation and maintenance expenses
` attributable to that portion of th6-'water no longer sold by
Commerce to
CITRWD hereunder,
3.04 Third To
R• Comore* hereby reserves tb.,t further option, and Umm
hereby grants the further and final option to commerce, to
terminate Commoroels obligatton to provide water to under
this Contract in an amount up to one hundred percent (1004) of the
-2d-
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water available under this Contract in one or more installments
from time to time at any time upon or after expiration of the Third
Term of this contract (ocommercets Third TerminationDOption$,).
Commerce must give written notice to UTMM at lost ten (10) Years
prior to the effective data of any exercise of the option. At the
time Commerce exercises its Third Termination option, Commerce
hereby agrees to pay to UTMW for the proportionate amount of water '
which it reacquires the right to use under this option,
(i) one-third of the pro rata share of all principal Pe
Ymentr (as ;
r, provided in the CCL/SXM contract) effectively made by UTmm as
i
a result of this contract prior to the effective date of comaeroete
exercise of the option and (ii) tha proportioriata'oao
' anti
of the
principal costs of any Reservoir improvements grade°bi"Oo Cot,
SPJ MD or other entitys as aPPrdPriate
p and ettsotlvslY'aiade for by
I UTRWD during tho last twenty (20) years of the Third'
amount to be paid by `Come roe under this section shall 'not 'inalude
j interest or operation and maintenance expenses (as'provided in the
Cot/SJUM Contract) effectively paid by VrM* The Reservoir
improvements, if any, which are within the scope of thin section
ere those improvements (not includinq~'routine oParatidn and
maintenance expenditures) which are considered
by the COX or any
successor thereof as bettotatnts or improvements that sxtend the
life of the Reservoir or increase the available water supply in the
Reservoir.
f
f
"27w
4
n
i$
3005 We of waterer rxoirstion of Third Morm bu* Prior
to toll 2yaraiaa of ThirJ 'termination, oo JSin• After expiration of
the Third Term of this contract and prior to Commerceos full
exercise of its Third Termination Option, UTRxD shall have a
continuing right of first refusal to continue to purchase the
remaininq available water from commercets Initial and Future Hater
Storage Rights in the Reservoir under the same terms and provisions
contained in this Contract for the Additional term of fifty (50)
years commenoing upon expiration of the Third Term of t~~is
Contract) provided, however, that the price of said Mater shall be
I
_subject to mutual agreement of the parties and the provision of
such water service is in all respects subject to Com oroels right
€ to exercise from time to tist, in instaiim mts 'or otherwise, its,
rights
under the Third Termination Option. Should UTM desire to
exercise it's right of first°r*fusal, it shall give notice of the
F exercise of such right t to .o
mmerce at least one
1 ~ (1) Year. prior. to
the expiration of the Third Tear of this Contract.
3.06
Ara . - 111i
Aaryis@. Notwithstanding anythi►iq herein to the contrary, it is
*pacifically understood and agreed between the partiis that the
obligation of Coassroe to provide water to UTIM pursuant to this
Contract is subject to the availability of water to Comoro* from
the Ro"rvoir pursuant to, in conformity with, and subject to all
1
conditions and restrictions: conWned in, the Commerce/SRWD
Contract, the CoE/SVJW Contract and CA No. 03-4797, and is also
1
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subject to inability to
provide water due to amargency, forc"S
aajeure, the geed to curtail water se
improvements to rviae to cause repairs or !
be made to the Reservoir
the public health p or the need to protest
safety or weltare.
Commerce In any Of such events,
(or its agents, includi ~
the Com , without limitation, 8FJM
shall have the right, attar reasonable notice to or
iaider the oircumatanaes to ~'Ri/D
curtail or limit water service to WAND
under this Contracts
provilUd. that
limitation shall be itaited In any such curtailment
or
amount and duration to the minimum
amount necessary.
f 3,07
t i
that
1 Cofterces upon the exercise of ,any of its ftrainat~Rli'D agtyas
have the option ion iL One Mall
{
ty'~"RND of and right to acquire
from iD upon pa
the depreciated not book value Yet by to
~ # 4 proportionate, ownergbi
Interest or other right of use In, p
laailitieeand appropriate title to, any
f , Capacity in facilities or contract or rights in facilities
by limitation the raw water intake, raw, ~ Including without
' water pumps mat
water transmission vain (and easements and raw
p''cpertY interests assooiat0d ~ permits, 1iCenses or real
therewith) from the Delive
tO the point an Delivery Point
the transmission line where commerce diverts the
raw rater. tar its
own uset provided, however VTMM
required to oonve # shall be
y aAy such interest only to the extent of its then
existing 1e141 title, rights and abilities,
'1"be parties shall
i
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agree on an acceptable standard Of placing such value on said
facilities which shall be consistent with appropriate depreciation
techniques under water utility ratemakinq standards of the National
Association of Regulatory utility commissioners Uniform System of
Accounts. to WD shall execute any documents Y tents necessary or ,
appropriate to reflect the transfer or ownership of any such
{r~ facilities or interest therein to Cowwroe.
At each time, as
Commerce becomes the majority owner
of said facilities it shall
have the further and additional option of beoosmi
»q the operating
manager of such facilities with the costs being apportioned between
the arties
P . Capital costs and operation and maintenance expenses
shall be allocated as follovss
(1) capital 'costs based,
on percentage' at cater
allocatedi and
(R) operation and maintenance oxpenaa, inoludi
sV:•.casb
of pumping f "a" on va" r,. ""a
At least six (6) months prior to the transfer of title of said
facilities or any interest tfierein, MWD shall install a new motor
(thereafter, the "Meter") at which point water -shat
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thereafter be
metered and provided by Comore* to VTMW under this Contracts The
` cost. of purohasi
nq and installing said Motor shall be prorated
between the parties based on
j percent of water allocated to each.
Metering, billing and psysent related to the facilities used by the
' non-operating party shall be, on a monthly basis In an amount
sufficient to pay the non"operating party's prorate, share ton the
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FBI
is
(i
it
bases provided hereinabove) of the operating party'
Is capital costs
and expanses incurred in providing service to the non.operating
party.
3.0• ~tion~ 1n 1lyrrt of tlnrntnrerslsi
Q.r+al«
Pssuti■ienr er Notwithstanding anything herein to the
contrary, if it is aver determined by any governmental or
requlstary authority that provision of water by Commerce under this
Contract, or curtailment, limitation or tes~aination of water
service by Commerce under this contract, is in violation of
1 applicable law, then Commerce, at the prole option of Commerce, say
take such action as will beat effectuate the intent of the parties
in agreeing to this Contract and comply with applicable law -or, if
required or
` permitted by law, may terminate .
j tl~ia• Ccntzact.
i 1.09 ~snOV SuetllV do Comf~.rn.,
If at any tine during
I: I the Initial Term, deoond Tafto Third Tern or Mditional Tern of
this Contract, Commerce incurs an ` sera an
~ of s+hiolt interrupts Its
rats water supply from. Comoro* Water DistricNt$ groundwater or other
sources, Commerce nay request that UTM
provide avatar to Comoro* i
on • temporary basis during such Emmerganay from the water provided
to10TRw'D hereunder. It so requested,UTRmp agrees to use its best
efforts to make. available to Commero& ands to the extent so made
availabloo Commerce Mall be entitled to ~
Purchase from C''1'RttD water
necessary to alleviate said 'xae en
~ QYs To the. extent avatar is
provided to Commerce under this section, Comarcw shall pay UTR110
j the full cost incurred or agroed under this Contract to be incurred
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by C'I`RWD aPplicublp to such water for .
such other reasonable e* period at such use plus
xponses, it anYr as on" say incur in
delivering such 'Water to Commerce. "s•rgoncY0 Commerce agrees to t~srboa the period of any such
use its best efforts
said Z4erq4nay or to minimize the to alleviate
oonsoy~,ation deficiency of water
dovolopaant of through
aeans. alternate water supplies
both parties agree to coo o or other
ensure cooperate during said that Cogexa•ls r•asonabio nods d for water are seMwergency to
t and t met and that
~Rt~b'r supply of raw rater is not hat
~ J
f 3410 unreasonably mired.
!upon receipt of notiticatton b
of Y Coaa•rce that it is
its Termination options, VTJtVD +xuroisingr aft
' preparation of shall i~diatel
necessary studies 4n4, Y aadet~oo
other consultants to plans ,.its, ~inssrs and
obtain replac•wnt, water su
water to be obtained b pplies for the
option. Y commerce in the euorcihs of
Within one year attar any such
. roa•iviny M any such
notification
,
approval by its Board
at Directors of a specific course of rottoh for obtaining nQ04884
replacement water
ry
supplies- including a copy of. an
studies or y engineering
F 1 plane related to such replacement rates
construction or acquisition of additional fac'''t supplies. rf
iss,lr needed. in
ceder to salts Available
the replacement
water supplies, such
acquisition or Construction shah
years f be Co~aenced within lour (4)
from the date a!-rooeipt of notification by V2 M a
c acquisition or Conat nd rush`
r
ruction Shall be completed Within sight (e
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years from. the date of receipt of such notification. After receipt
of notification,. UTM shall report in writing to Comoro* at
least once every six months on the progress of its efforts to
obtain replacement water supplies,
If UTRWD fails to meet any of the deadlines provided in this
section for action to secure replacement water supplies, or should
f UTRwD be unable or unwilling to allow Commerce to timely and
completely exercise any, of its Termination options, than VTRWA
agrees to promptly pay Commerce an am.cunt of money sufficient to
obtain alternate water supplies of equal amount and quality to
p
! those which commerce is otherwise entitled to under any of its
exercises of such options.
3.11 Automata Price kdiustaaac Rat ate to Water from take
Tiyaka1. Notwithstanding anything herein to the contrary; if it
j is ever determined by Comoro* that the price per acre-foot of raw Ems `
water available to Commerce fro
from Lake Tawokankis greater than the r
I
am.vnnt otherwise required to be paid par acre-foot, by UTMM to
Commerce under this Contract for water from and at the Reservoir,
then# in such event, UTM shall pay a price for water from and at
the Reservoir which is equivalent to average price per acre-foot
of water from both such sources as calculated by Commerce wW
reviewed and approved by UTRWD) which approval shall not ba
unreasonably withheld or delayed.
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ARTICLE IV
llisael laneous
4.01 pmts are garating m M&nsas, UTRND represents,
covenants and agrees that all payments to be made by it shall
constitute reasonable and necessary "operating expenses" of its
i
J water and, if appropriate, wastewater system and that CTX" Mil-------- require each of its customers to agree that each such entitye
s
payments to UTRWD shall also constitute reasonable and necessary
"operating "no*#* of each respeotivo entity's water and, as
appropriate, wastewater system$ as referenced in Article 1119,
I
Vernon0a Texas Civil Statutes, as amended, or other appropriate
law. gush payments will be **de from the revenues `of the water
and, it applioabie, wastewater systems 4! VTM and each such
E customer of UTM with the effect that the obligation to make such
f payments shall be treated as an
I operating-
expense of each said
system and shall have priority over any obligation to make any,
payments from such revenues whether
~ principal, interest or
otherwise) with respect to all bonds, and other obligations
Li I
heretofore or hereafter issued by UTRND or any of its customers,
` as applicable, payable from such revenues.` y
f
46OZ Bate Cov n et, UTM hereby *gvoos that throughout the
tern at this Contract it will continuously fix and dolleat such
rates and charges for water and wastewater services as will produce
revenue, in an amount sufficient to at least pay all of the
~.:.1 -3,
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payments required under this contract
related to its water and, it a rc and its' other
xPenses
pp priate,
443 Wastewater system.
agree to establish an advisory ooftComerc.,ate VUWD '
itt.e regarding operations of
each party under this contract. ~
oomposeq of s!x ■ The advisory coaaitt.s shall
aaberst three from each
serving at the party appointed .by and
pleasure of the gcv.rninq body of each res
l partys taoh party and the adviso p.otivo
± } notice of 1'Y committee will be given tie
agendas and'me.tings .iy
interest■ Of each of the others where the rights or
under this Contract are to
each will have the be discussed so that
j j opportunity to attend and
partlcipat*. Before
any budgets of GaMna.r°e ore81RWD affecting what
..this Contract Or* adopted, ti1'RND
"all pay in
be given opportunity Rwta and the advisory O°mmitt« rhaIl
' to re'visW and
4.04
r
commerese
shall be responsible for obtaininq
s i r or' this Contract by the approval if any be
authorities. '1'Ifc or with other regulatory
Tiro►s cOOperation
appropriate ~ Co mere. Will initiate the
tiling through epXWD
M Kc. O1-474y for an em•ndm.nt to
v in substantially the fo
lkhibit M M rm attached hereto
suthoriring the divgrrion
in this and use of water ar as
provided
QontraQt from the iterervoir for
the District or its Municipal purpor0s within
environs, go"# Cow"rce
AA4 tii'MM will
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support said application with data and testimony as*maY be suitable
and appropriate to effect a good faith applications
if within twelve (12) months of the effective dare of this
Contract the regulatory or other approvals contemplated b ~
section are not obtained or by this
VTRWD does not determine a feasible
method to transport the water from the Delivery point to the
District, t7TM reserves the right to terminate this contract upon
the giving of written notice to Commerce within three (l) mouths
thereafter or such later time as the
parties may agree to in
L writing,
in the event, but only in the event, that at
the ehd of
fifteen (15) months from date of execution of this. Contract, the
. , , required regulatory or other approvals have, not been obtained,
UTRWD may notify Commerce that tft D desires to extend the period,
b. f for exercising its termination option provided previously in this
f section for an additional one (1) Year period.
. extended one During such
O Year period
f + U'1'Rpa agrees to make all payments
required under this Contract. During said sxtended one (1) year
F
period, UTOM shall have the right to exercise the aforementioned
termination
option until the earlier of (1) the end of said
extended one (i) year
period or (ii) within three months after
1 receipt of all required r
~ egulatory or other approvals. It dozing
said extended one (1) Year
period, rrrRwD exercises any right to .
terminate this Contract under this section either
for the
aforementioned reasons or for the reason described below in this
•aa-
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E
:ftlt
.4
section ~1TRitD shall
after such termination, nonetheless continue
to be obligated to
aa)ce all payments
for an additionAi one required under this
Contrast
(2) year period from the date or t
inoludinq all
to use abounts sacra#nq to trmination
8eotlOn 2.12 Commerce as donoribed in
}1 Provided, however, in such event Commerce
good faith e
!torts to lfnQ agrees
contemplated to be sold another buyer for the w'
+~t
in this contract and any ter
such a buyer Burin Y PaYments
1 q said one Mde by
shall offset (1) year period altar to
PaYmants to be otherwise termination
made by pTM
' Both parties reserve bersundor.
the. right to termirata
the event the re4ulato this Contract in
Y'Y or other aPprovaie
f Provisions that its the opinion of either party hereto subs
impair the water rights
or the
Y
ab
ii
Its obligations itY Of either party to and responsibilities Y carry out
f Notwithstandi under this
ng' anything herain to Contract,
ac
tion to be keroisa4 the contrary, any termination
Pursuant to this soot 'rtion Alkali, be axe
f tbraa (3) months of receipt rod
' '!f final
approval or such Tatar time as the r"ulatary or other
by gtvio Parties may agree to In writi
g written - notion t the , other
exercises its riqht to terminat &te party. ng
rz (1) VTRWp
and ca
this seotian within fifteen (28 ncel its obligations under
Of this Co ) Months from the datM oit ax
ntraot or (ii) C acution
ommercb sxarcrisas #t8 tight to terminate
under !1181 action at any time,
11 ;AND ■ha12 have
WY any further no obligation to
mounts Under this COntrac{
that in either Of such events ~M'RWb provided, ham►avsx,
will p4y to commerce any sues
i
a
lljj s
9
G'
t
Which had accrued to Commerce hereunder before t2is efts
of such termination and cancellation. "five date
{.oa
• UTRwD agrees to fully indemnify and
hold harmless Comoro* and its officers,
contractors and related interests from and ap~~ ~n agents,
claims, losses, damages* any and all
daaands, judgments
and caused r suits, liabilities
of action of whatsowor nature, Whether known or
un)MOVno fixed or contingent
(inciudinq, but not limited to,
Attorneys, fees, litigation and court costa
° settlement and amounts r amounts paid in
paid to discharge directly or indirectly resulting from or arioi
dste_of execytiort of out of, after the
this Contracts
I !l) WD's failure to comply with this Contracts
. (2) the actions of
persons or things other
~ than Commerce
affecti
"g the water Supplied by commerce ~ to
D •tter,snob water reaches .
the Delive
(3) the. into r'Y 1Pointl a»d
rruption, curtailment or limitation of service
" by Commerce to
UTIM or customers served by or to be
served by UTjtVD as
provided in section 9604 at this
Contract.
4.06
1><. Hth*r party hereto @hall be
entitled to terminate this Contract u
to the other con thirty days written notice
pertY It, at the time of su teraination
,the other
Party is in breacb Of a material term of this Contract
breach has been a0ntinuing and uncured for the shorter which
,of(i) a
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tj ra.c..at.r
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• 'f
period of six (6) consecutive months or (ii) in the event of
failure to pay a monetary obligation, than at such tines as them
are no reservow-tc pay said amount. w
The tern material !provisions,
shall include, without limitation, the requirement of U'T3WD to pay
money to Commerce hereunder. 4
It is not intended hereby to opacity (and this Contract shale
not be considered as specifying) aft exclusive remedy
detault, but ail such other remedies existing at law or in equity
nay be availed of by shy party hereto and shall be
cumulative. In
addition thereto, the parties specifically a
h
` grN that in the event
I of any such default, the non-defaulting parties shall be entitled
to obtain a writ of mandamus from a
court otcompetent jurisdiction
ordering and compalling the defaulting Wai'tY, and its ofliaarr'or
f; representatives, to take such action as may be necessary or
I appropriate to cure such default and otherwise
comply with the M'1
provisions of this Contract.
4607 Burnlu■ Mater nr c4&V
it U'1'Ri1D shall have
surplus water or idle capacity in any of its facilities to
transport water under this
Contract, UTRWD agrees to negotiate in
good fraith a transportation and sale agreement for said water to
Commerce with compensation therefor at actual cost plus a
reasonable return on its investment in facilities so wed.
4.00
tuft&* Comer" shall have the
right to after into other water supply contracts from ate other
water supply sourceat provided, however, Commerce agrees not to
I
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it i ;.e .888
enter into any contract$ other than this contract, to supply water
from Cooper Reservoir to any customer located gore than fifty (60)
miles from Cowwroetn then existing city limits. Nothityq in this
contract shall be convtrued as 'granting any right, title, interest
or claim to VTRWD or its customers in any water 'systems or rights
owned or used by Commerce, other thanthe right to purchase water
from commaree from the Reservoir pursuant to the terms of this
contract. UTMM shall have the right to enter into contracts to
supply water to its customers; provided, however. UTRtirD Mail not
sell water.. to an
i y person or entity located within fifty (50) Niles
r
of Commerce+s then existing city limits.
4.09 NYlaulra. %f either party is rendered unabl*,
' wholly or in
Y part# by lose sajcure to carry out any of its
s obligations under this Contract other than an obligation to pay or
provide money, than such obligations of that
party to the 'extent ~
affected by such force majeurs and to the extent that due diligence
is being used to resume performance at the earliest practicable
tile, shall be suspended during the continuance of any inability
Li
so caused to the extent provided but for no longer period. Such
i
cause$ as far as possible, shall be resedied with all reasonable
j
diligence. The term "tore* majeura,* as used herein, shall scan
acts of Cod, strikes, lookouts# or other industrial disturbances,
acts at thus public d»esy, orders of any kind of any governmental
entity or any civil or military authority, acts, orders or delays
thereof of any regulatory authorities with jurisdiction over the
"40"
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parties, insurrections, riots, epidemics, landslides.. lightning,
earthquakes, 'fires, hurricanes, floods, washouts, droughts,
arrests, restraint of
government and people, civil disturbances..
Okplosions, breakage or accidents to machinery, pipelines or
canals, or any other conditions which are not within the control
of such party. It is understood and agreed . that the settlement of ;
strikes and lookouts shall be entirely within the discretion of
either party hereto, and that the
above requirements that any force '
E majeure shall be remedied with all reasonable ~ dispatch
shall not
require the settlement of strikes and lockouts
r by **coding to the
demand of the opposing party or
parties when such settlamer►t is f
unfavorable to it in the judgment of either +
party ..hereto.
4.10- m3sverab3Lt*X~
The provisions of this contract are
swayable, and if any provision or part of this Contract or the
1 application thereof to any person or circumstance gM~'
~ shall wen by held by any ageisoy or court of competent jurisdiction to be invalid
or unconstitutional for any reason
i o the remainder of this Contract
and the application of such provision or
part of this Contract to
LJ other persons or circumstances shall not be affected thereby
4.11 This Contract shall be subject to change
or, codification :only with the mutual written conso$1t of Commerce
and tTrRpp.
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` 4.12 Addlrasson and Ho ices, unless otherwise notified in
writing by the other, the addresses of Commerce and OTWD are and
shall remain as 'follows t
Commerce:
City of Commerce
Attns Mayor
UTRWDS j
Upper Trinity Regional Water District
Attns president, Board of Directors
f
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4413 A■sitmability, This Contract shall be assignable by
I
either party with the written consent of the other party, whigh
i
consent shall not ba unreasonably withheld or delayed.
4.14 Time of the resanna, Time is of the
"nos with
respect to all Batters covered
f ~ bY' this e9rreeaent.
4a15 Authority a ps311es rAficut s ng -..,...,"a By their
execution hereof, each of the undersigned parties' represents and
' I warrants to the parties to this document that he or she has the
authority to execute the document in the capacity shown on this
document.
4.16 SARU & The captions appuring at the first of each
numbered section or paragraph in this Contract are inserted and
included soiely for convenience and shall never he considered or
liven any offset In construing this Contract.
X42-
IN 1/ITNEBS WHEREOF, the parties hereto havs executed this
Contract in multiple copies, each of which shall be deemed to be
an original and of equal force and effect, effective
i 2989.'
i
Executed: CITY Or COM=Czj TEXl18
1989
eYt
Mayor
f ATTEBTs
{
city Secretary
{
i t SrALy
•f f
ftecuted t UPPn TRINITY =ION" YAM .
P DISMICT
~ r 1949
By$
f Pres dent, Boa o
Directors
ATTUT i
_i
i
Ncretary0 SUM Of Directors
(SUL)
1w1wr+..~, nr
b4,r
r
4
r
D R A 7 T
i 09/IS/89
ZXHTATT
Exhibit A - cos/xorth Texas Contract
Exhibit B - COX/irvinq Contract
Exhibit C - COE/SRKWD Contract
Exhibit D - supplemental Cps/sp-wo contract
Exhibit 2 - CA No. 03-4797
+ Exhibit r - Permit No.
I
Exhibit 0 - Ccm Bros/gfd&D Contract
Exhibit IK sulphur springs/9WlIWD Contract c
I E Exhibit x - Cooper/SWM contract
i Exhibit J - Application to Amend CA xo. 03.4797
y1
f 1eo~~wasf,itr
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THE CITY OF DENTON
f
REPORT ON
LONG - RANGE WATER SUPPLY
1982
{
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u f: REELSE AND NICHOLS, `INC,
82 c 10 CON8ULTINQ ENGINEERS
rGdli-A r'.'vp fa3.
3r,9')y AU
10
CITY OF DENTON
' REPORT ON LONG-RANGE WATER SUPPLY it
JUNE 1982
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2. INTRODUCTION
The City of Denton
currently obtains its water supply from nearby J
Lake Lewisville on the Elm Fork of the Trinity River, The reservoir
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(formerly known as Garia-Little Elm) is a multi-purpose federal project,
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I j operated by the Ur Army Corps of Engineers for flood control, recrea- f
tion and water supply, Denton participates in the project as a local
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sponsor, repaying 4.81 of the non-federal share of the construction' cost
and part of the `annual cost of maintenance and operation in return for
use of 4.8% of the conservation storage space. The City of Dallas is
I the local sponsor for the other non-federal costs and has use of the re-
maiming conservation storage.
In 1962, Denton and Dallas enter ,
ed into a contract by which they
!
agreed to work Cogather toward development of Lake Ray Roberts (formerly
the Aubrey Reservoir site), a proposed Corps of Engineers project on the
Elm Fork watershed upstream from Lake Lewisville, In the case of Lake
Ray Roberts and an associated increase of conservation capacity at Lake '
Lewisville, the two cities again agreed to share the local sponsorship
obligations, with Denton repaying 26% of the local interests' share of
the initial cost and having use of that same percentage of the added
storage space, Denton and Dallas were officially designated by the
Texas Water Rights Commission in 1969 as local sponsors to cooperate
with the federal government in building the Ray Roberts peoject, In
1975, both cities filed applications for water rights permits covering
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(Inr,Yl'al)
their respective portions of the Ray Roberts project Supply; and after IS
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lengthy hearing, the requested permits were granted by the Water Rights
Comp Ission in June of 1976,
At about the time that the water rights permits were 'issued, the
City of Dallas indicated a need to re-examine the potential benefit of
the Ray Roberts project as related to the over-all Dallas water supply
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system. For approximately three years, the project remained largely
inactive, pending a decision by Dallas as to whether the reservoir
j should be constructed or deferred until some later date. In the summer
of 1979, Denton and Dallas decided to retain the services of a con-
sultant to evaluate the economic feasibility of the proposed development
and the relative cost per thousand gallons of additional water supply in
comparison with other possible alternative sources. The management con-
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suiting firm of LWFW, Inc,, was retained for this assignment in Soptenw
bar of 1979.
during the summer of 1979, after the decision had been made to
G undertake a new study of the economic feasibility of the Ray Roberts
i project, the City of Denton also requested that Freese and Nichols,
Inc,, review and update the Report on Long-Range Water Supply which had
been prepared for Denton in 1975 (1), These evaluations included pro-
Jections of the raw water requirements for Denton and its customers and
analyses of how to best meet the water requirement with alternative
surface water and groundwater supplies,
The study by LWF'W, Inc;, was completed, and the findings were
(1)Numbsrs in parentheses correspond to references listed to Appendix A.
F 112 I-.,/
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submitted to Denton and Dallas (2), eased on in-depth cost analyses,
LWFW found that (a) the Ray Roberts water supply would be more economi-
cal' than .the'other alternatives considered and (b) the proposed federal
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project at the Ray Roberts site would be more favorable financially than
a non-federal Ray Roberts Reservoir built by the local interests without
the Corps' participation.. In general, the main findings and conclusions
reached by LWFW were incorporated into the final draft of the Report on
Long-Range Water Supply so that the over-all-results 04 the Freese and ;I
' Nichols investigation were consistent with the LWFW study, The final
draft of the report by Freese and Nichols was submitted to the City of
Denton in March of 1980 for review, Since `final contractual negotia-
tions with the City of Dallas and with the Corps of Engineers concerning
Ray Roberts Reservoir were ttill pending, no action was taken to
finalize and print the draft report at that time, I
In September of 1980, the Corps of Engineers and the City of Denton
signed a contract under which Denton is to participate in the cost of
I construction of the Ray Roberts project. Under the Agreement, the City
of Denton will have the use of 26% of the conservation storage space in
Ray Roberts Reservoir and 26% of the increased capacity at Lewisville 1
i, and will thus receive 26% of the increased yield of the two reservoirs
when operated as a coordinated system. As determined in calculations
prepared by Freese and Nichols in May of 1981, Denton's share of this
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yield will be 23,918 acre-feet per year, or 20,7 MGD, These calcu-
lations are further documented in Chapter 40
f Negotiations between the Cities of Denton and Dallas are on-going
concerning the required water supply from Lake Lewisville during the
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!AIDE AMO NCHOd, 1W - -
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estimated construction and filling period of lake Rai Roberts and for a
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reasonable period thereafter to account for any delays in construction
or filling, In those negotiatons, Dallas also has tentatively agreed to
supply the balonce of Denton's requirements for raw water in excess of
the Ray Roberts Project supply for a period of 30 yearsr
In October of 1981, the `City of Denton authorized Freese and
Nichols to update the previous final draft report submitted in 1980,
including the results and conclusions of the Intervening negotiations
and engineering analyses. The scope of work outlined in the contract
authorizing this supplemental study included the following principal
3 items;
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a. Projection of future Denton water requirements through the year
j 2030.
b. Evaluation of the water supply available to Denton from the
existing Lake Lewisville.
c. Evaluation of the additional supply that could be provided from the
proposed Ray Roberts project, including the associated increase in
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conservation storage capacity at Lake Lewisville.
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d. Examination of other potential sources of new supply on the East
Fork of the Trinity River or in the Red River, Sulphur River,
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Cypress Creek or Sabine River Basins,
e, Investigation of the issues involved in securing a contract for a Ilf
long-term water; supply,
f, Review of the quality of water available from the more promising i
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sources,
g. Estimation of the initial cost and the annual cost W obtain water
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from the more promising alternative sources,
j h. Preparation. Of a written report covering the basic data, cost
estimates, findings and recommendations of the study, j
I. Examination of the availability of groundwater to me
j et a portion of
the future water requirements of Denton.
There are three serious alternatives for raw water supply, insofar I
1 as another future increment of independent supply for Denton, after
implementation of the Ray Roberts project is complete; (a) diversion of
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water from Lake Texoma, (o) development of the New Bonham Reservoir
(formerly referred to as the Bois d'Arc Creek Reservoir) on Bois d'Arc j
Creek in Fannin County, and (c) participation with Dallas In the George
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Parkhouse II project, The advantages and disadvantages of these sources
` are covered in Sections 5, 6 and 7, respectively, of this report. The
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discussions of these alternatives are followed by an analysis in Section
8 of ; the probable phasing of a new supply and the g1,estion of interim
availability of adequate water while a
permanent source is being
de- veloped, Finally, Section 9 presents conclusions and. recommendations as
to the preferable course of action for the City of Benton,
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9. SUMMARY OF FINDINGS
Table 9..l.. summarizes the projected probable future water require-
ments for Denton under normal and drouth conditions through the year
2030, together, with the amounts that Denton may provide to CorlO h and
Argyle, It is estimated that the City's water needs will rise by more
than 5.6% per year during the current decade and that by 2000 the
f !
! average demand will increase to approximately 2.7 times what it was in
1980, Tables 2r7 through' 2.10, in Section 2, also show anticipated
maximum and minimum projections for the same period of time. In view of
f
the uncertainty of the forecasts beyond about ten years into the future, E
it will be important to review and adjust these projections from time to
time in the light of actual experience, preferably following completion
S of each federal census.
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Denton's water rights at Lake Lewisville entitle the City to divert
up to 11,000 acre-feet per year (equivalent to an annual average demand j
of 9.8 ~ MGD) from that source. This is approximately the amount that
Denton would potentially need in an unusually dry year at the present t
i Li time. When Lake Ray Roberts is completed, Denton will have the use of i
26% of the new storage space, and the increase in dependable yield made
available by that portion of the project is estimated at 20,7 MGD.
The Ray Roberts project will not be completed for several years,
the Corps of Engineers anticipates that construction will require
j
approximately four years, so that deliberate impoundment could begin in
about 1986 (22) Allowing time for capture of a significant volume of
water in the lake, the additional water supply might not be available
before 1989 or 1990. By that time, Denton's requirements, including
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Table 9.1
Summary of Projected Probable Future Water Requirements
Annual Average Demand in MG0
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Year Denton Corinth Total
Requirements And Ara_vle Reouirements j
Requirements Under Normal Conditions;
1480 7.7 4
8.1
1990 13,3
.7 14.0
2000 20. ,
6 1.2 21,8 :
2010 28.7
. ~ ~ 1.7 30.4 1
r 2020 39, 4 2,'3 1
41.7
I 53i 5 3':2 ~
2030 56;7
f i Re ufrements Under Drouth Conditions:
19$0 8.4 4 8.A I~
1990 14.5
.7 15.2
2000
j 22.4 1.2 23.6
2010 31.0 1.9 32.9
2020 42.5 2145.0
2030 57.7 3.4
( 61.6 j
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water for `Corinth and Argyle, are predicted to be a
ro
! p xis~ately 14.0 P ,0
M0D
for norsial conditions and 15,2 WO in drouth conditions, Until the pay
Roberts pr0*t is in service, Denton will continue to need a source of
supply to supploWnt the Mount that can be obtained front the existing
Lake Lewisville.
Under terms of a contract between Denton and Dallas from 1962 to
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1980, Denton was entitled to purchase up to 13,0 MGD from the Dallas
share of the Lake Lewisville supply, and in return Denton agreed that it
would calculate its own share of the Lewisville water on the basis of
4.8% of the estimated dependable yield of the reservoir rather than the
full amount of the water right permit, As a result, Denton paid Dallas
for any use from Lake Lewisville in excess of an annual average of 4.5
MOD, and in exchange Denton was assured of a total average annual supply
of as much as 17,5 MGD. Although that
contract expired in 1980, the two j
j cities have since continued to operate on a similar basis without a
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I fo-mal agreement, and Denton is presently paying Dallas' established raw
water rate for the annual average pumpage in excess of 4.5 MGD, Denton I
i and Dallas are
negotiating sting a new contract and expect to finalize the ;E
contract in the F&ll of 1982. By continuing to purchase water from
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Dallas, Denton can provide the balance of its requirements between now
and the time when yield can be obtained from the Ray Roberts project,
Denton's proportional share (4.8%) of the Lewisville yield is now i ..4,
a ~
estimated at 4,6 *D, In normal conditions, this wouldleave the amount
needed from Dallas at around 3.5 MGD as of 1980, increasing to some 9,4 j
u
MGD in 1990, based on the prnJected probable needs of Denton, Corinth
and Argyle. For drouth conditions, the corresponding purchases from
Dallas would range from 412 MGD as of 1980 to 10.6 MOD in 1990.
Dallas has also, proposed that the renewed contract should remain in
effect fora period of 30 years, This would have the affect of holding ~
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Denton to the agreed limit on its part of the yield of the original Lake
Lewisville, which at present would be 4,6 MOD and which might increase
slightly in the future as greater return flows of reclaimed wastewater
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are discharged into streams leading to the lake. After the Ray Roberts
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yield becomes.available, Dentoo would need to continue to buy water from
Dallas for some time, since the city will probably elect to defer pay
ment of 0% of the project's cost for a period of 10 ears, '
I~ Y The City s
water requirements will grow to equal the combined yield of around 25,3
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MGD from the present Lake Lewisville (4,6 MOD) plus the full Ray, Roberts
project (20.7 MGO) in about 2003 under nor
!r mal :weather. conditions and {
possibly earlier if „drouth conditions recur. Denton would need to
3 f continue to purchase supplies from Dallas or to have developed a new
' source to meet the water requirements in excess of 25,3 MGD.
The three most promising alternatives for additional supply after
Lake Ray' Roberts are (a) diversion of water from Lake Texoma (b)
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participation in development of the New Bonham Reservoir site on Bois
! d'Arc Creek in the Red River Basin, or (c) 'participation in t
Parkhouse Reservoir, project on the Sulphur River,, table he George
9,2 summarizes ;
the estimated costs for Denton to obtain 40 MOD of new supply from those
sources and use them to meet the projected incremental needs from 2001
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through 2030. The costs in the table are based on 1981 price level
rather than on anticipated future inflated prices, so that they can be
. i.
Interpreted in relationship to Denton's current cost of water, The
Texoma project was examined for three alternative systems of delivery,
of which the most economical would be to divert the water into Lake R
Roberta, then release it into Lake Lewisville and finall
y PUMP It from
there to the existing filter plant site, The rapidly rising price of
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energy is causing pipeline distances and total pumping heads to be
increasingly important in the economic comparisons. Primarily because
t
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rAf CBC AND 4CM0L. s, lit
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f Table 9.2
!l Com arison of Estimated Costs for Alternative Sources
OT aw a er or a en on erv ce rte
Values in 1981 Dollars -
IE
'I $ystem Capital Average Average Cost
Cost Annual Cost per 11000 Gal. +
i;1 000 S1 000 (Dollars)
Lake Texoma pumped directly $38,355 $ 51302 ,94
to Denton
Lake Texoma - diverted to 24,074 31633 64
Lake Ray Roberts and then
pumped to Denton
{ j
3,490 ,62
Lake Texoa - diverted to 21,749
Lake Ray Roberts released
into Lake LAwlsv111e and
then pumped to Denton
r New Bonham Reservoir - diverted 76,098 91972 1.76
to Lake Ray Roberts and then
pumped to Denton
George Parkhouse 11 Reservoir = 77,314 10,364 1,83
diverted to Lake Lewisville
and then pumped to Denton
Notes. a, All estimates are based on systems of 40 MGD capacity,
b. The unit costs per thousand gallons represent averages over
the 30-year period from 2001 through 2030,'based on 1981 ;
price levels without adjustment for future inflation.
the l c Gegeass ked thatrofects1woUld ds of the New Bonham and
be developed and that
oUse Denton would pay pits proportional share for 40 MGD out of ;
the total yield in each case.
of that factor, the more remote sources such as Now Bonham
George Parkhause Reservoir are now estimated to be significantly more
expensive than the Lake Texoma alternative. +
The unit costs of supply shown in Table 9.2 are based on the anti-
cipated needs of Denton, Corinth and Argyle and represent over-all
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gHIXHHy c: ry1 , tj
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Table 9r2
Coma_r_i_son~of Estimated Costs for Alternative Sources -
ofiKaw a ter or the enton erv ce P07
Values in 1981 Dollars
System Capital Average Average Cost
Cost Annual Cost per 11000 Gal,
` ($1,000)
$1 000 (Dollars}
Lake Texoma pumped directly $38,355 $ 5,302 $ ,94
to Denton
I, Lake Texoma - diverted to 24,074 3,633 64`
j Lake Ray Roberts and then
1 r ! Pumped to Denton
f { Lake Texoma - diverted'to 21,749 31490 ,62
Lake Ray 'Roberts ' released
into Lake Lewisville and
then pumped to Denton
t I New Bonham Reservoir - diverted 769098 90912 1.76
LbLake'Rayy Roberts and then
a pumped to Denton
George Parkhouse II Reservoir - 77,314 10,354 1,83
diverted to Lake 'Lewisville
and then pumped to Denton
~j Notes: a. All estimates are based on systems of 40.NG0 capac ty.
b, The unit costs per thousand gallons represent averages over
the 30-year period from 2001 through 2030, based on 1981
{ price levels without Adjustment for future inflation.
I c. :It is assumed that the full yields of the New Bonham and
George Parkhouse projects would be developed and that
Denton would pay its proportional share for 40 MGO out of
the total yield in each case;
of that factor, the more remote sources such as. New Bonham Reservoir and
` George Parkhouse Reservoir are now estimated to be significantly more
expensive than the Lake Texoma alternative, l
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The unit costs of, supply shown in Table 9,2 are based on the anti-
cipated needs of Denton, Corinth and Argyle and represent over-all
.i
9.5
rornc ..ro rcHUs .K .
~ e .HWffl%
averages for the 30-year period indicated, They are intended for pur-
poses of comparison only and do not reflect differences in unit costs
I from year to year or the possible impact of inflation between now and
then. Nor do they reflect whatever differences there may be between the {
costs of supplying water to Denton and the costs associated with service '
j to the customer cities.
If the proposed new contract with Dallas is finalized this year and
1 if it is effective for a 30-year term, it would be available as a backup
i
for supplying requirements not met by the Elm fork sources through the
,j year 2012. Thus, Denton 'could elect to meet its needs by buying water
from Dallas for a period of some 11 years after the requirements are 1
t r projected to equal Denton's share of the Elm fork yields without
l~ developing' another additional source, However, at the and of the can-
4 tract, after which water would no longer be available from Dallas, f
Denton would be faced with an immediate shortage of approximately 10.0
MGD, Unless plans have been made long before to have available a major
' new source at that time, a shortage of that magnitude could only be met r
by drawing on the Elm Fork reservoirs in excess of Denton 's safe yield f
amounts.
Of the alternatives developed in this study, the most promising
option is clearly the diversion of water from lake Texoma to`augme.nt the
t yield of the Elm fork system. The City of Denton should-continue to
work 'on this alternative, with the intentionof developing the Texoma
diversion supply some time prior to the year 2000. The City should
discuss with the Red River Authority of Texas and the Tulsa District of f
the Corps of Engineers its desire to be included in the Corps evaluation
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Of future allocation of Lake Texoma water, As a backup for the Lake
Texoma sources Denton should also continue to explore Possibilities for
Joint development with others of either the New Bonham Reservoir or the
George Parkhouse Reservoir, In order to allow sufficient time for
permitting, design and construction, it will be desirable to reach a
definite decision as to the next source of supply after Lake Ray Roberts
by about the year 19904
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9.7 I 4NLE9E 4hC NAG NO~fy ME
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210 d, Moxwdov~r A0~1 TOM* /w
LONG-RANGE WATER SUPPLY PLAN
1990-2050
TO THE CITY OF DALLAS, TEXAS
DALLAS WATER UTILmES
f
1
1 DD)
DecrAw i
,f .
wr/r ea . KANNM
MAS AUSTIN ! DALLAS) MAY WORTH ~ FjOUS7oN ColoKAM 0("M
immmi
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SECTION I EXECUTIVE SUKWy
1.1 GBIVggAL
the The City of Dallas has provided water to its citizens since 1881 with
has purchaso of a supply system consisting Solely of groundwatet. This system
been expanded to include seven major reservoirs 'currently serving 'a
population of almost 1.8 million persons, The City of Dallas has provided a
leadership role in planning for and providing water supplies to not only its
own citizens, but a major portion of the metropolitan area.
To identify its long range water supply needs, the City of Dallas has
I~ previously conducted two long range water supply studies, the first in 1959 and
the second in 1975. Many of the recommendations contained in these earlier
l plans have been implemented Including completion of tray Roberts, Lace and
f acquisition of Lake Palestine.
To ensure a continued ability to provide for its future needs, the Cit
of Dallas, with financial assistance from the Texas Vater Development Board,,
I has undertaken an update of Its long range water supply plan. This update
reflects changes that have occurred since the last major revision prepared in
1975.
The information contained in this report is intended to assist the City
of Dallas in reaching decisions on ca ital f
. use re lotions. P unding, rate structures, and water
gu These decisions will provide a cost effective water supply
system to meet planning area demands through 2050. This report includes
specific findings and recommendations
The objectives of this plan were to review current conditions, analyze
' the need for revisions to the current planning area, update population and
water demand projections, analyze the impact' of water conservation on demand
planning, compare -alternative supply sources and treatment facilities needed to
meet deatand, and to recommend a plan of action that would 8210v the City of
Dallas to provide for the needs of its customers.
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1.2 PLAhI M
The existing planning area is defined as followai
° All of Dallas county not served by other wholesale suppliers;
° All, of Denton County east of Denton Creek not served by the City of
Denton;
f o ,
That portion of Collin County included in the drainage basin of`the
Elm Fork of the Trinity River, and
That portion of Cooke and Grayson counties included in the drainage
basin of the Elm Fork of the'Trinity _River.
s.
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The current planning area includes a rte'
entities are also conducting water su 1 portion for which other planning
includes both treated water and raw Paster studies, customers he current planning area
clear definition of which portions of the currently unnerved area are to be
served with treated versus raw. Water, However, there is no
of the currently unserved area would impose an palmost tIS
areas. aped seater all
. Rercent greater
capital requirement on the City of Dallas than providing only rev water to new
It is recommended that the current planning area be revised by deleting
Cooke and Grayson Counties to eliminate duplication of planning_eff6rts.
revised planning area, illustrated in l
County not provided figure l-i, include all Dalas
he
p water by other wholesale suppliers; Denton County feast2of
{ Denton Creeks Collin County Included in the Elm Fork of the Trinity River
Basini and the corporate limits of all existing customer cities.
'
population, of the. recommended planning area isProjected to increase from ih8
million in 1908 to 3.2 million b
I ~ Y Year 2050._
It is further recommended that a specific treated voter serviet area be
defined which includes all current treated voter customers plus 0a11a3 county
tovnm not supplied by another provider. This recommended treated voter service
area is presented on Figure 1-2, Th
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water, a remaining area vou'ld be provided only rev
j 1.3 VAIU t;WSMUTrOIf/01toum, CONTIMENCY PLAN
h As a result of this population
demjndsp the City 'of Dallas does not h ld vadequate iwatera*upiIles per, to capita
meet
f p o acted demands through 2050. Ther3iors, a reduction in prortleted demand,
J acquisition of additional supplies, or a combination of the tvo roust be
1 achieved to meet the needs of the area,
The current DVU water conservation plan includes all elements ra u
by the Texas Voter Development Board fired
Hoe ~
demands eve
rs o
eater :r~ve been observed. It is estimated that~anr ductioncofo seven
percent in annual demands could be achieved if an enhanced voter conservation
program were adopted, A ten portent reduction in peak-day drought weather
demands should be achievable through implementation of a drought contingency
plan.
It is recommended that the City of Dallas formally adopt both the
enhanced Water Conservation Plan and the Drought Contingency Plan contained in
Appendix D. The recommended Water Conservation Plan includes the folloving
elements)
° Conduct a comprehensive television media campaign to inlorro the
public about the benefit and need to reduce voter consumption
through conservation,
° Promote recyoling and reuse of water through the media campaign as a
potential substitute for surface water supplies,
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° Offer free or minimal cost household water-use audits and retrofit
kits (at cost) to the public,
° Alter the water rate structure to further encourage non-priority
water conservation.
° Promote dual metering to enhance conservation.
Promote water conserving landscaping by use of native and drought
tolerant plants for all city facilities.
° Consider offering rebates to the ~ ,
(t drought tolerant plants. Public .or purchasing native or
l I
° Establish an electronic leak detection program to reduce annual
system water losses. J
° Set an example on every step of the conservation program by
initially implementing all practices within City departments
The Drought Contingency Plan includes restrictions.' in, landscape
watering' to oncewin-five, days during periods; of drought. It Is also
recommended that Diitl- coordinate its conservation and drought contingency
programs with Its wholesale and industrial customers to ensure achievement of
the projected reduction in demand,
1.4 WATBIt VAAWS
With recommended water conservation and drought contingency measures
implemented, average-day demands to be 'provided by OVU are I projected to
increase from 411 mgd in 1940 to 738 mgd in 2,050, Without conservation
meaaures, the demand in 2050 of projected to be 787 mgd, an increase of almost
50 mgd above the demand with conservation measures. Peak-day drought weather;
demands, considering water conservation and drought contingency meeaures, are
projected to increase from 704 mgd in 1090 to 11?5 mgd in 2050. Vithout
conservation measures, the demand was projected to be 1462 mgd in 2050; almost
150 mgd greater peak-day demands. The current dependable supplies held by the
City of Dallaat will be approximately 54 mgd short of the 2050 projected' demands
even with conservation measures -implemented,
1.5 TRU?NW PACTLITTBS
The City of Dallas has current treatment plant capacity of 700 mgd, and
it'hae contracted for an additional peak suppply of 15 mgd from North fakes
Municipal Rater District (NTMWD). To meet the immediate, need for additional'
treatment and transmission capacity, it is recommended that the City of Dallas
award construction contracts to enlarge the 81m Fork uTP by 115 mgd, upgrade
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TABLE 1-1 I-s
Recommended Alternative
Elements and Costs
Pipe Capacity Design capita! i
Size Increment Capacity Cost
Element Year (Inches) (mgd) (mgd) (Million s) (1)
Bachman WTP Existing 115
Elm Fork WTP
Existing _ ..185
\jt Elm Fork Channel Existing N.A.
I Eastslde W7P Exlsting 400 1
Lake Pay Hubbard Pipeline ' Exlsting 90 176
Lake Towakonl Pipeline Exlsting 72 & 84 276
Eamolds WTP Expansion 1991 40 440 (2)
I Lake gay Hubbard PUMO Upgrade 1991 26 200 (2)
Elm Pork WTP Expansion 1993` 115 300 (2)
PakWns to Southeast WTP Pipellne 2001 84 120 120 $19213
Southeast WTP - 2001 100 100 $103.6
Lake Forst to 7awakOni Pipeline 2008 $4 120 120 $8810
rawekoni to blvereloo Structure, 2008 102 200 200 $11919
+ PIPOA a With Balancing Peservolr
l Dlve(elon Structure to Easttide WIP 2008 84 115 116 $7,8 r'
~ I PlpWine '
I Eeistside WTP Expansion 2008 100 540 $101,7
Esats(de WTP Expansion 2018 60 890 $60.0
I Diversitlrt Structure to Southeast WTP 2023 90 180 180 $67,9
{ plwne
Southeast WTP ExWslon 2023 - - 100 200 $101.8
Southskie WWTP to Ray Hubbard 1035 84 100 100 574,8
Pipenew
Ray Hubbard to Diversion Structure 2039 72 100 too $1 o 6'
PIpWIM
Southeast WTP Expansion 2035 too 300 5101 8
Total Capital Cost M0.8
Ave" Annual Cast $20.4
Total NPV (3) $370.6
(1) AU aoW My In Y000 aleAvs,
(2)1he maneyhla beer. committed by DWCt. Thess casts are not inoluded
IA the trl*** of th1a,411004tive since tundlnq is assumed to be available,
(3) Not Prowl V41ve , w
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Figure 1-2
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SECTION vrir - SUPPLY SOURCES/TRF•ATKWr FACILITIES VIII-i
r~
8.1 GENITitAL
As indicated in Section VII, the projected water demands of the DVU
planning area will approximately double during the next 60 years, For the City
of Dallas to continue adequately serving this growing area, reliable supply
sources must be identified to meet projected demands.
This section evaluates the projected yields of the City's existing and
potential future supply sources and evaluates the facilities needed to meet
I projected demands, These future supply sources and treatment needs are
I subsequently used to develop alternatives to aid the City in meeting projected
raw and treated voter demands.
I
E 8.2 SEDINWATIONiYIBLD STUDIES
i
Reservoir yield data for 1990, from hydrological studies of each existing rrervoiir. th III, were developed
These studies made use
of revised hydrologic information prepared by nenbaum Engineering
Corporation, revised area-capacity information on Lewisville Lake, Lake Ray
j j Hubbard, and Lake Palestine developed as part of this study, and data prepared
1 in previous OVU long-range planning'studiea, Yield computations` were made by
DyU14, staff using this information for 2980, 2000, and 2050 conditions,
,i
I
I I 8.2.1 Sedimentation and Area-Capaoity Data
~ o
Over time, reservoir storage capacity is reduced by deposits of
i sediment carried 'by tributary streams. AnAual sediment accumulation rates of
1 the three reservoirs that were ee-surveyod as ;part of this study vote
determined and future accumulation rates were projected to estimate potential
reservoir losses for year 2000 and year 2050. The surface area and storage
capacity at various ulevations'were adjusted accordingly. Appendix B presents
the area-capacity data for these three reservoirs for 1980, 2000, and 2050,
previous surveys did not exist for Laken Ray Hubbard or Pslestina, and
potential problems were indicated with the original capacity computations for
those two reservoirs. As a result, projections beyond 2000 have not been made
for these lakes. Rather the data for year, 2000 have been used for projected
yields beyond 2000 for both lakes, It is recommended that Lake, Ray Hubbard and
Lake Palestine be resurveyed within the next 10` years to determine more
accurate sediment deposition rates.
8.2.2 Reservoir Yields
The revised stand alone yields forthe existing reservoir, supplying
Dallas for, 1980,7000, and 2050 conditions era presented in Take 8-1. These
yields represent all supplies which can be obtained on A dependable basis for
all permitted users, Table 8-2 presents the City of Dallas Shari of these
supplies in ten year intervals for the period 1990 through 200. Other ourxent
water supply,soureas held by the City are also included on this table. The
{ projection of return flow quantities will be discussed in the subsequent
i
tF-
e
VIII-2
paragraphs. Examination of this table indicates that the existing supply
sources can meet planning area demands until approximately 2036. Another 54
mgd of dependable supply must be obtained to meet demands through 2050,
8.3 R87M FLOV
Return gflows are 'waters that have been withdrawn from rivers,
reservoirsa f '
~ ate for Tan his report r purposest and
flows returned a the
surface waters of the are defined as
discharge of treated wastewater effluent into watershed stro"s and lakes,
Figure 8-1 presents 'the return flow cycle as it relates to wastewater
discharge. The concept of return. flow has been recognizetl.:silica the j
developaent of the first savage treatment processes over 100 years ago,
Classic examples of the use of return flow include many 'cities along the Ohio
and Mississippi Rivers which use river water that includes discharges from
upstream wastewater treatment plants as a source of supply,
The City of Dallas
' presently utilizes ..return. flow from cities
discharging treated wastewater in the northern portions of the Elm Fork and
East Pork watersheds, In fact, the adequacy of the City's supply and its
commitment to serve the customers in Denton County is dependent upon these
return flows. The following paragraphs present information concerning return
f flow projections, water 'rights, and water quality for the study period
1990-2050,
1
8.3.1 Return plov projections
The quantity of return flow varies widely from one area to another with
E an average of approximately 60 percent statewide. To determine a reasonable
p average for the DVU planning area, City water production and wastewater
E treatment records were analyzed for the period 1953 through 1987, Although the
areas served by the supply system and wastewater system are slightly different,
it was felt that this information would 'produce A reasonable value for
establishing dependable return flow, Table 8.3 presents a tabulation of the
water consumption, treated wastewater effluent, and perchntage return flow for
the 35-year period,
As -shown, the data in Table 8-3 indicate that return flows decrease
dratatically during
drou ht
This loss of return flow can be attributed
to the larger quantity of water srequired for consumptive use (egt irrigations
foundation uaeying, and landscaping) during drought years. 'Reduoed inflow and
infiltration of ground water into the wastewater collection 'system also
decreases the return Elous in.droughi years. The lowest 'return flow indicated
was 57.4 percent during the drought year 1956, Considering this information
and that the statewide average for return floe is:Approxlkstely 60 percent, a
value of 60 percent of voter production was established for this study to
estimate dependable return flows, This figure is significantly less than the
35 year average of 80,6 percent, but the lesser return flows are'all-that can
be dependable during drought periods, The following paragraphs pro act 'the
voluae of return flow into the City of Dallas, water supply sources based' on
this value.
L. .f.!(. ~~~F III
i
yrrl-3
8,3.2 Elm Fork Return Plow Projections
Return flow to the Elm Fork consists, primarily of treated wastewater
discharged into area streams flowing into Ray Roberts Lake, Lewisville Lake,
Grapevine Lake and the Elm Fork above PCAzier Dam, The entitle considered,to
be major contributors of return flow to the Elm Fork include the cities of
Argyle, Collinsville, Corinth, Denton, Flower Mound, Gainesville, Grapevine,
Gunter, Highland Village, Levisvilla, `Muenster, Tioga, Valley_ View and the
rural sections of Denton County, Considering the for
these entities, total return flow from this area willjbetapproximatelyn26 mgd
in 1990 and should increase to approximately 92 mgd by 2050.
I information on the quantity of flow discharged by each entity is Specific
Appendix E~ y presented in
i
Return flow included as a dependable supply for the City of Dallas was
determined for each supply source' considering
of the reservoirs receiving return flovs wateritrightaa 2imitations,orand of te se
i existing contracts. The City of Dallas has rights to 52.7
the
conservation storage space in Grapevine Laka, 95,2 percent of the storage of
in Lewisville Lake; and 74 percent of the storage space in.Ra
However, for accounting purposes 'd y Roberts Lake.
Gainesville is established byocontracts between the Citiesd f Denton and Dallas.
rnitiallyi-the division is'0.11 mgd for Denton and the 'remainder for :Dallas u
to a total of 2.33
atgd return flow froM'Gaitles7iile, Raturn flove abdva Z 33
j mgd are divided between Denton and ballas b
rights in Ray Roberts Lake. The City of Dallae fsralso limited by p rmit totan
18 mgd annual diversion from Elm' Fork channel flows. Table 8.4 PP resets the
i dependable supply of the return flow for the City of Dallas for these sources
as well as the other sources discussed below.
I
83.3 Bast Pork Return plow Projections
Return flov from the East Fork watershed
treated wastevater discharged into Lake Ray Hubbard# primarts of the
Thelcitiesidischarg ng
into Lake Ray Hubbard are Garland,, Heath, NurrhyI Rockval3, Rovlett,:Sachs*$
Vylie,'and portions of Plano And Richardson, biversion`of the `flows from the
City of Garlandts Rowlett Creek wastewater plant to the Duck Creek vastevater
plant is planned prior to year 2000. Thus return flows frost uarland was
eliminated in calculating return flows to Lake ,<ay Hubbard after 1990,Total
return floe to Lake Ray Hubbard could reach approximately 32 mgd by 1990, but
the City of Dallas can only 'take 28,3 mgd "in 1990 due to permit limitations,
Return flovs vill be approximately 27 mgd, by 2050, lean than the current return
flows because of the City at Garland's diversion, has
Thus the
total City of Dallas cabE them make full use of rthe raturnkolovytouLabksd, Ray Hubbard
through !2050 subject to provisions-of its existing water rlghts.of a uwimum
authorized annual diversion of 80.1 mgd.
i
f
I
Fr{~
r~::itYd•Yl 'a
VIII-4
8.3.4 Other Return Flow
The return flow to the other existing reservoirs, Lake Tovskont, Lake
Fork, and Lake Palestine, along with future reservoirs) will `represent
relatively small portions of the total yield, The City of Tyler presently has
a return flow of 7.4 mgd to Lake Palestine. The City of Tyler currently has no
plans for expanding its wastewater treatment facilities and has shown only a
small historic lhcrease in return flow. Therefore, 'Eyler is projected to
dischsrge less than 9 mgd of return flow to Lake Palestine through' the year
2050. However, because of limiting provisions in the City of Dallas' water
` rights, these flows are not included as a source of supply for planning
I purposes.
The City of Greenville had discharges of 3.28 mgd, during 1488, of
treated wastewater into Lake Tavakoni, A projection by the city predicts the
j return flow from Greenville will escalate 'to 6.58 mgd by the year 2007. Table
8-4 presents this supply also. These flows, are limited by the 'city of Dallas'
diversion rights in Lake Tawskoni. There are no significant discharges into
Lake Fork.
f
The Trinity River Navigation Project, addressed in the Long Range Hater
Supply Plan in 1975 by ORS/Porrest and Cotton, is not currently' active. The
j project proposed the use of return flow and navigation locks to suppl*"nt the
natural flow, In tha. Upper Trinity River and-allow- navigation service for the
1 Notith Texas area. The plan, however, has been deauthoriaed and has little
I chance of construction. Therefore, no further examination of the project is
pursued within this report.
8.3.5 Hater Rights Considerations
I
Return flow is presently governed under the apppropriation doctrine of 1
Li water 'rights. The appropriation doctrine was developed in and and semi-arid
-environments where water had to be captured, stored and transported., to the area
where it was to be used. Most rights under this doctrine are subject to two
major constraints, The first constraint requires that the appropriated:water
be put to beneficial use. The tens "beneficial use" has been interpreted to
include planning for use of the water in the future as well as the water
presently coritted. Secondly, water rights are managed in a-priority system
whereby the earliest documented users of the water have preferred status over
other ussrs. At the present time, Dallas 'fulfills each of the doctrine's
requirementa for obtaining and maintaining rights to the return flow to the Elm
Fork and East Pork of the Trinity River,
Under guidelines presently used by the TVC,'return 'flow is`regulated.by
-
an additional constraint. This constraint 'dictates that the original'-dater
rights 'holder has the first right to reuse treated vaetevater in lieu of ,
potable water. This constraint enforce&'Dallas' position for rights' of the
majority. of the return flow to the Elm Pork, but could jeopardise the use of
return flow to the East Pork of the Trinity River if the original supplier
chooser to divert them, as is the case with the City of Garland.
j ,
3
lit
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r.. [eJffkrr•
l
VIII-5
Considering the escalating demand for water in the North Central Texas
area, the competition for available water rights has increased, Return flow is
being considered as an unclaimed commodity by some area water providers. This
position by some providers may require the City of Dallas to pursue specific
written legal rights to the return flow that it presently enjoys and that are
recognized in its authorized diversions.
8.3.6 Quality Considerations
The quality of treated wastewater has consistently- improved as
k i technology and understanding of contaminants has increased. Advances 'In _the
knowl.gdge of the impacts contaminants in wastewater have on receiving streams
has resulted in a higher level of treatment and control of these pollutants.
This upgraded treatment is especially important in the UpperTrinity `River I
basin due to the limited amount of dilution which takes place and the need tv
j protect water supply reservoirs. Stringent controls now govern
any wastewater
plant discharging effluent within five miles of a water supply reservoir to
ensure that raw water quality is maintained,
F
i
8.3.7 Return plow Sum ary
Return flow to City of Dallas supply source of raw water for,the planning artcan provide dependable
of
;return flow for the, City `oE Dallas, considering 50, the depenndable supply
pply r°^
limitations, will total apprOximstely' 108.5mgd, approximately or cpoirgeptuo~
,the planning area demand. Presented in Appendix E are tables which indicate
total return flow-into DWU's supply sources and tho:ie that are considered as a
dependable supply for the City of Dallas I
The abil+,ty of the City of Dallas to retain its current usage of this
supply is:Mandllory, It is recommended that the City of Dallas plan for the
long-term use cf this supply and aggressively guard against others who may
maintain a position that the City has no right for use of chase flows.
8.4 WATER RRU51t
Water reuse is not a new concept. 8ssentially all water has been used
over and over as a result of the hydrologic cycle (see Pigure 8-2), nature's
reuse eyetsat. Water consumed, flushed, or used for watering lsvns`all re-enter
the water cycle, This method of reuse is indirect and essentially unplanned.
However, throughout regions of the !United States water reuse is, now,
purposefully being planned and implemented.
Planned reuse considers the reclaiming, or recycling, of trotted
vastevater effluent instead of discharging this water to become return flows.
As water supplies become increasifIly limited, the rouse of treated wastewater
must be considered as a valuable resource for future water supply.
1
ti '
Jal r..f~
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PPP`
..~°y4 ¢1
tY..;e Ck 21 `!1a~773
I` [
VIII-6
{
'This .sect ion discusses several conc3pts 'that should Me given careful
consideration, Both economic and scientific. approaches are issues in seeking ! '
new. water resources. Included in Appendix S are $ttachments describing various
.symposiums, prototypes, or requirements referenced in this .section,
.8.4.1 'Gyps of Meuse
Reuse is generally classified into two major catrgoriest potable end
non-potable, Non~Potable reuse utilizes the wastewater plant effluent directly
for irrigation/industrial uses, Nan-Potable reuse `is thr most comaon fora of
~ 1 reuse and `has been accepted Eor ovrr- a hundred years. Potable reuse can be
- ~ j eithrr direct vr`indiract, Direct Potable reuae is the im~oediate treatment of
f wastewrter plant efElurnt by a water treataent Facility for publi.a con~uaptian~
i Indirect Potable reuaa ` s titre`treatment of dilutrd, wastewater planteffluent
after r:etural mixing with surface water 'supplies for soles-period of time.
j I Aquifer recharge, detention pond mixing,` or mixing with water in large
reservoirs are examples of this concept.
Figure 6-3 presents some of the coe~mon reuse options,
3 8.4,2 Duality
~ The wastawrtar'piant effluent'being discharged frow' he Ci y of T►e21aa'
+ Central end Southside S7astewatar 'Prratrent Plante (W'i'P) is required to mret
fi ~ so~ae of thr most stringent reQuire~►ei,ts in the nation, State standards:
~ required for efEluent~ frd"r the city's plants are 7 a6/1 ;darbonrceous j
1 bioeheaical oxygen deaand (800) and 15 mg/1 total susprnded solid (~'SS), the
i Southside iJNTP was averdtd the 4~ater Duality Award of 8xcellanee in 1997,...
~ tables 9-5 and 8-6 indicnti various, quality levels observed in .existing
supply reservoirs, antfcipated_levels in proposed supply reaarvoirs, and the
~ Ctty of OAllea' Southdide VesteWater Tretttalent Plant, Aa. can be seen,
dischargsa fror this plant fal> within the: peraissible'lrvils established by
Chapter 307 of the 'Texss Adsinistratfve Code and era eompatlble with tree water
supply sources.
~ Thr potrntial exists Eor unecceptab2a conoentxation aE tract eleaents
~ in water-supply sources Using reclaimrd diachargea, Physiolo~ieal' effaats of
E direct avatar route rte being studied by a'numbar of entit eb. Prelignary
raaults of • `two-year- chronic toxicity end car~inoganioity study, being
conducted for the Denver 1~ater`'bepartment, xeporta that nn significant effaots
of :any kind non be datarrined Eros the reuse of wastewater, A second part of
tit.. herlth effraty study began in mld-1489, 'this portion will exarina .the'
j reproductive toxicity aspects of consuming xeclaired watrr';oowpared to Oenver
drinking `.water, Conaiderlnqq the quality obtained, at th+ City of Dallas'
~ " existing u41'l'P's .and the' pralid~insry results of the thnvar study, raoleiaed
dischargra present an ekcrilent poten ial 'Yeaource'Ebr future water supply,
However, psciEic'atudiey which`consider the quantities of reclaiaed dischArges
and the potential'£or trlca element conceBtratian should br candUcted prior to
initiation of xeclaimrd dischat~ge use.
' ~ ,'~rJ
1 f
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it
. VIII-7
8.4.3 Education and Reuse
Public education of water reuse is an important factor for the
successful reclamation of wastewater for water supply, Generally, the water
supply is viewed with two perspectives, linear and circular. Linear, the more
common perspective, uses and disposes of water, For this process, a new supply
source must be sought unless the previous source is replenished, The public
has general knowledge of linear reuse. Ao illustrated on Figure 8-4, a water
supply is treated, stored,'distrlbuted, used and disposed. After the process
is complete, a_tremendous potential resource has been lost,
A circular perspoetive.(see`Figure 8-4) is a process that reclaims this
resource. Before effluent is discharged, it is diverted to a reuse system.
Once water is reclaimed, it can again be treated) stored, distributed and
reused. This cir(t:,lar perspective is theoretically a never ending cycle and is
a mimic of natures hydrological cycle (see `Figure 8-2). This untapped
resource can successfully be, reclaimed if a reuse system is in operation.
At the recent Reuse symposium IV, held in Denver,' Colorado, an
3 impromptu survey was conducted about reuse' concepts. As illustrated on Figure
8-51 reuse of wastewater has a high rate of approval for most uses except for
I human consumption. This area of reuse is the most tontroversiala therefore,
j public education on this phase is essential.
Informing the public about reuse and the circular perspective is a
major step that mutt be a long-ters commitment that should begin immediately.(
This 'education process may take years to receive public acceptaoce of potabl; C,
reuse, Information contained in the paragraph on quality and on existing
prototypes, contained in the following paragraphs, may be of value in this
1 education process.
8.4.4 Prototypes
Several reuse prototypes have been in operation and have demonstrated a
high success rate for reclaiming vastevater. A listing of several of these
prototype systems follows,
Direct Potables
Uty of elnvr, CO Denver Potable Reuse Demonstration Plant
City of Dallas, TX Dallas Pilot Potable Reuse plant
(rouse concept proven feasible in
the 1970's converted to research
facility for improving VVTP processes)
Indlirect Potable
CITY 09 91 aso,, TX aquifer recharge
City of ballast TX use of return flove
North Texas_Hunicipal
Water District - Wilson Creek"stli'fP (returns treated
Most il5 Cities wastewater to original supply soured)
- use of return flovs
!I 1Ye YSi i`+,
i4:<Y ll)
VIII-8
Non-Potable
tc~i y of Denton, TX - industrial cooling towers
city of St. `Petersburg, FL - municipal irrigation through a dual
line City of Alamonte Springs, FL - municipal e
Irrigation through a dual
line system
City of Irvine Ranch, CA - municipal irrigation through a dual
line system
City of Irving, TX -municipal irrigation through a dual I
line system
Orange County, FL - private irrigation for agricultural
i
users
Various other US Cities - industrial and municipal uses
{
E 8.4.5 " Distribution Concepts
As previously Indicated, the City of Dallas currently operates two
wastewater treatment plants, Central and,Southaide. Figure 8-6 presents the
approximate location of these two~Eacilities. The Central plant is located
near the center of Dallas County and the`Southaida plant is aitusted in the
southeastern quadrant. Distribution of treated -vastavater could require the {
following procedures for each of the reuse types within the City of Dallasi
Direct Po able`
rect pots Is reuse concept would, require transri8sion 1:4148 from
the Central or Southside WTP directly, to a water treatment plant.`
Treated 'wastewater effluent would - then be retreated to potable levels, 1
I along with raw ;vaear"surface supplies: i
i Indirect Potable
Aih irect pots le reuse concept would require transmission lines from
a vastevater treatment plant to a reservoir for dilution of treated
{ wastewater effluent with raw water sources. This combined source would
their be treated to potable levels.
Noa-Potable
yotent a y, various treatment plants throughout the area, both the
City of lles' and the various plants serving the customer entities,
could Eurr`ish'non-potable water for irrigation of parks/golf courses or
for Indus&ries purposes in place of surface water supplies. Appendix E
lives a (retailed list of current and past non-potable users' within
exam,
I
The non-potable. oancept.wculd most easily_be installed in Callas for
areas that would have future ' pi '*lint construction: Several city parka and
municipal golf courses are located near the Central M? that could be sup lied
with lower cost, non-potable water as a pilot
reduced cost. City code allows customers to purchasernon potable voter ti,; O
I;
S
VIIY-9
percent of the untreated water rate. However, the customer must pay far the
construction of the required pipeline for the transmis-lion of this supply,
Because of this, only large volume users located adjacent to or within a fev
miles of the WTP's can afford the construction costs. Therefore, only minimal
use of this resource is anticipated.
8.4.6 Vater Rights
Preliminary discussions with the Texas Water Commission's Water Rights
and Uses Division have indicated that the original distributor of water to a
system has, the sole right to reuse crater as `long as it is used in lieu of
potable water. This concept has been considered in granting water rights in
Lake 'Livingston in the over Trinity River Basin. As referanced from Permit
1970 pertaining to the Trinity River Authority's share of yermitted water in
Lake Livingston, a municipality upstream from Lake Livingston may divert and
reroute return flows or reuse water for the
~ purpose ~f purification for
municipal and or industrial use, Considering this ir;formation, the city of
Dallas could begin using water from its VVTP's and make beneficial use of this
resource.
8.4.7 System Advantages and Disadvantages
Water reuse could provide a constant, obtainable, and economical
alternate source of water supply to the City of Dallas.
The concept of water p-^, r
( reuse could extend existing water supplies wall into the future, thus 'reducing
the need of financing projects to obtain new water sources for Dallas. Vithout
the high expense of developing future reservoirs and constructing
rate increases could be delayed or minimized. A list of advnta si~and
possible disadvantages follow for each type of reuses
ADVANTAUS
11 f
Direct Potable - The overriding advantage of 4.direct potable reuse
system is the ease of construction and the potential reduced costs !
of that construction. The existing distribution system would remain
intact; no dual system would be required. System modifications
voul.d include a pipeline from a wastevster treatment plant to e
water treatment plant and any 'modifications to either plant for
additional treatment and purification processes/capacities to meet
state standards,
e iadireet Potable This reuse concept voold also 'require minimal
modifications to the existing distribution system' and treatment
facilities, The existing distribution system would remain intact=
no dual system would be required. System modifications would
include a pipeline 'from a wastevater treatment plant to a,reservoir.
Increased conveyance from the reservoir to the water treatment plant
may also be required. This concept generally gains; greater public
acceptance than i'direct potable roust.
,i
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G9 MUM
l
VIII-10
• Hon-Potable This concept is readily accepted by the public.
Variations of this system have been used in different portions of
the country since the early 1900>s. The non-potable water could
provide low cost eater for high volume uses, such, as irrigation,
aesthetic ponds, industrial cooling' water, 'and, for such other
outside uses as car washing. In fact, low rates for non-potable
water from the City's WVTP should be an incentive for industries to
locate in the southern region of Dallas.
DISADV'ArAas
if a reuse concept is implemente(`, several disadvantages will accompany
3 ` each concept, For each of the three types of reuse they are as
follows {
Greet Potable
e Lowest public acceptance
Lowest water professional acceptance
a
Undefined long-term physiological effects
° Changes to treatment process that may be required {
Indirect Potable
• Moderate public acceptance
° Moderate water professional acceptance
Non-Potable ~ I
° High cost of implementing a dual distribution system for high volume
E uses
I ° 'Extended time period for implementation of dual system
I,
LJ 9.4.8 Water Nouao Sectary
If Implebsented, water rouse can provide a significant uonatant source
of potable or non-potable water supply for the City of Callas. Hovever, to use
this resource,, a public education 'program must be implemented,' Although
preliminary studios indicate no significant health `effects can be determined
from the reuse of, vtterj' research must be continued during this education
program to alleviate potential concerns.
Of the three types of water reuse, the non-potable concept could Most
easily be installed as a pilot, program to show the benefits of u10 lov'cost
j reuse water forirrigation/industrial purpose3. Hovevar, because o the ;high
costs to the customer for implementing -a dual. distribution system, 'only users
located adjacent to or within alfew miles oflthe wastewater plants could afford
the construction `costs,' Therefore, only minimal use of. this resource 'is
anticipated
H
f
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vzzz-il
Of the two remaining types of reuse, indirect potable reuse appears to
offer the greatest potential for public acceptance to meet future system water
demands. Therefore, the City of Dallas should consider the alternative of
using indirect potable reuse in planning for future supplies.
8.5 PbTOrlAL FUTURE SURFACE WATER SUPPLIES
All lakes within a 40 mile radius of Dallas have been committed as
supply sources to either the City of Dallae or to other voter authorities. For
this reason it was necessary to seek new surface voter sources i from Dallas, Some reservoirs have inherent conditions which mjtoea
r e further
City from considering them as water supply sources, Political considerations
regulatory concerns, location of demand, and economic considerations must all
be considered in selection of future supply sources,
f Reservoirs still in the planning stage offer the most potential to meet
long r*oge system demands. Figure 8-7, presents the locations of the existing
and potential water supply reservoirs in the North Central and East 'texas
i areas, Pertinent data on storage, drainage areas, spillvoys, and outlet works
for each potential reservoir are presented in Appendix 8,
F t
k 8.5.1 Existing Reservoirs
The following paragra hs
existing reservoirs considered for sent specific information concerning the
available yields and any potential problmsn with each. Table 8-7 summarixos
Joe Pool Lake
o~`~ Ml Lake, formerly Lakeview Reservoir, is a U.S. Army Corps
Imo. JI of Rngineersi project congtrueted for flood control, water supply,, and
recreation purposes, The dam is located about 3,1 miles upstream of
the existing Mountain Crook Dam and impounds voter from a drelnag* area
of 232 square miles, The lake, completed in 14961 has a capacity of
304,000 acre-foot and a yield'of 14,2 mgd. The full yield of Joe Pool
Lake is under contract to the Trinity River Authority of Texas,
Duncanville# Cedar Hill, Midlothian and Grand Prairie for water supply,
(Data obtained from the Fort Worth District, U,S, Army Corps of
Engineers.)
geftr l"Qrvoir
ooper Reservoir is a multiple purpose U.S, Army Corps of
Engineers, project located on the South Sulphur River in Delta and
Hopkins Counties of Northeast Texas, The reservoir hoe both flood
control and voter supply storage, Approximately 131,400 acre-foot is
authorized for flood control storage and 273,000 acre-feet for water
s
the Cooper upply with a proposed dependable yield of 107,1 mgd. Voter rights in
Dtstriet ermitted to of ttrving,h andSulphur NorthRiver
Texas MunicipaluniVo4pter
Slater District (NTMND).
a
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:I
VIII-12
water Permit No, 2336 authorizes SRMVD ty of Irv
dependable yield, or 28,1 mid. The remainintgo 73,718 26.2$2 percent of the
reservoir is equally divided between the Ciinrcent of the
Each entity has a permitted diversion of 48,2 mgd andg a and NTMmg
dependable yield, Plans are being developed to transport the raw water
d
from Cooper Lake to Lake Lavon, for use by NTtluA,
and to 39.5
Lake for subsequent treatment by DWq for the Cit,
Lewisville
of Truing,
Cooper Reservoir does not currently represent a potential
additional supply for the City of Dallas, The enties the reservoir have rev water needs which preclude theiabilityroftuaetl in
to obtain water rights, The potential benefit of the Cooper Reservoir
E to Dallas is the
proposed
convete from the a4lo
Parkhouse Reservoir and the Marvin tC, N
ichols VReservoir into Cooper
Raservoir, This plan would allow yields from the George Parkhouse
Reservoir and the Marvin C. Nichols Reservoir to be pumped from Cooper-
; Reservoir, This action, would reduoe the length and colt of pumping the
combined Yields of the lakes in the Sulphur River Basin to the City of
I Dallas. (Data obtained from the Fort rmy Corps
Worth
niD
g nears and from the 'Report on Water Resource Investigat on FS
Sulphur River Basin and Red River and Tributaries in Texa;a below
Denison DAmn, dated Februar 1966
f
Y prepared for the TWD9,)
Lake Vrii ht Patmw
Wt8 t~'tman Reservoir, formerly Lake Taxxrkana) was const
multiple, purpo a Corps of Engineers and was completed in tutted
I storage, The dam isalocatedo abouteel en ail son and E~ood control
? of Texarkana on the Sulphur River, The reservoir borders fBowie Cand
Cass Counties and extends into Morris, Titus and Red River Counties,
The total contributing drainage area is 30443 square mi
square miles are control miles of
{ led by the Cooper Reservoir, which 476
Lake Wright Padden is the eastern
Ri oa ttarv t
ver Basin Matter Plan, The Basin Has mer Plaren alosoir innludar n he Sulphur
Reservoirr, the
Nichols # the proposed deorge yyParkhoute RMrefvoir, and Marvin Cooper
C,
m d) and the approxmThe ately aI6S-mile adistanaedfromt the lake ate Dallas
a Oinates Wright Pathan as a water supply source
lakes in the basin Master Plan are day* lo ed until other proposed
"Report on Water Resource investigation -7 Sulphur River Bat nfand Red
River and Tributaries in Texas below Denison Dam„, dated February 1966,
Pr4pared for the TVDB.)
Laka 40 tl,a nines
`C<etii Pines Reservoir, locate on Cypress Creek in Marion,
Harrison, upshur, Morris, Camp and Titus Counties, Texat, was developed
pursuant to the comprehensive plan for flood control in the Red River
basin below Denison Dam, The dam I ppounds Cypress Creek about ei ht
miler west of Jefferson, Tekasi A full water suppply 0001, at elevat on
22C5 feet, was attained in November, 1960, -The dependable yield of +
the Lake 01 the Pines is 152 mgd.
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VIII-13
Because of the small unpermitted yield (about 43 mgd), Lake 0'
the Pines must be used in conjunction with either the proposed tiek
Cypress or Little` Cypress Reservoirs to provide sufficient quantities
of water to City of Dallas, The projected combined dependable yield of
the three reservoirs is 543 mgd and economically could be transported
the 45 miles to the Lake Fork Reservoir, From Lake Fork, pipelines to
transport the yields from Lake 01 the pines, Black Cypress, or Little
Cypress reservoirs to the city of Dallas could be constructed as water
( demands warrant. (Data obtained from the Fort Worth District, U.S.
I Army Corps of Engineers,)
4
Richland Chambers Reservoir
c an am ems eservoir is located on the Richland Creek and
Chambers Creek tributaries to the Trinity River in `Navarro County,
i south of Dallas. The reservoir, finis ed' in 19870 is currently
filling, The design capacity is 1.18 million acre feat with a
C conservation pool elevation of 315,0 feet, The yield is fully
permitted to the Tarrant County Water Control b Improvement District
No, 1 (TCWCID No. 1), (Data obtained from TCWCID No. 1.)
Toledo Bend Reservoir
o e o en eservoir was planned, Einencad° and constructed
jointly by the Sabine River Authority of Texas and the Sabine River
Authority of Louisiana. It is located in Novtons Sabina, Shelby and
Panola Counties, Texas and Sabine and Desoto Parishes, Louisiana, The
dams impounds the Sabine River and was completed in 1966, The roaorvoir'`
f has a drainage area of 71178 square miles, The project's purpose is
water supply, hydro-electric power, improvement to navigation, and
recreation.
The Toledo Bend Reservoir has a surface area of 181,600 acres and
I a capacity of 4,477,000 acre-feet, The yield is 1,964 `million gallons
~J per day, of which ona-half is owned by the Sabine River Authority of
Texas, A fraction of the yield from Toledo Bend would supply the City
of Dallas and its customer cities for many years, This supply is not
considered etonomically feasible, however, unless no other source can
be located due to the expense of en-185-mile pipeline required, to
transport the water to the City of Dallas, (Data obtained from the
Sabine River Authority's 'Report on Update of Master Plan for the
Sabina River and Tributaries in Texas", March 1985.)
t.mica raxosN
`"""`T~ti"'Cexoma Reservoir is formed by the impoundment of the waters
of the Red liver behind Denison Dam. The -reservoir wee constructed by
the U.S. Army Corps of Engineers as a flood control and hydroelectric
power project and was completed in 1944, For the Cityy of Dallas to
divert water from Lake Texoma for municipal use, it would be necesuary
to obtain authorization from the U,S, Army Corps of Rnsitteers for use
of the storage and to secure water rights from the Stata of Texas. At
the preswat time, nearly all of the store a in Lake Texoma is allocated.
to flood control or for the generation of hydroelectric power,
r
r
i
VIII-14
1501000 ions with Corps pmegdrsonnel whave indicated that as much as
150,000 acre-feet (133,9 ) of ater could be re-allocated for
municipal use, but it would be necessary to negotiate a contract for
payment of lost revenue resulting in the decrease in
power
(Data obtained from the Tulsa District, U. S. revenues.
Army Corps of Engineerses '
815,2 Proposed Reservoirs
The following paragraphs present information concerning the
reservoirs considered for potential
posed
Proposed
1 And the current status of each projectuse. , as do laedr bypeachrbasin authority,
yields
Roanoke Lake
Yi Roanoke Dam would be iodated about one mile northwest; of the
town of Roanoke, near the upper limits of the existing drapevine Lake
Or A ppr ximate y 40 miles northwest of Dallas.
the rect
Is Th lake b* S108 million, The estimated post of
control purposes only, This exetas flood wcontrol soperated ould allow for lood
the conservation storage in Qrapb
! acre-foot and produce vine Lake
' to increase
an additional 23,9 m d to 9721200
! project was deauthorized in, November, 1996,
4he~idislonl4 a o sliQht
majorereloc tioneofIntersitA a Highway ly 35p. to Dt to high cost and "the
Port worth District, U,S, Army Corps of Engineers.)a obtained from
the
Geor as Parkhouse Reservoir
c7ot`ge ar nusn esorvoir, Formerly Sulphur Bluff Reservoir, water is
northeast of Dallaspiny the ject to be lphur At ver 8osin pandxisately 100 miles
! Texas Water Plan. The dam site extends across two trib taryrforkstof
the Sulphur River, crossing, the South Sulphur at river mile 3,6 and the
North Sulphur at river mile 3,5, The dam site Is about 15 miles east
of Cooper, faxes, and the south abutment is About two miles north of
the Town of Sulphur Bluff, The project will be located within Hopkins,
Delta, and LaMar Counties, Planning documents indicate a scheduled
construction of 2010,
The total 'drainage area upstream from the site is apprw' Italy
1,026 square miles of which 645 square mills are in the south 'Sulphur
River basin and 381 square miles are in the North Sulphur River basin,
The Cooper Dam will intercept runoff from 476 square miles leaving an
uncontrolled drainage area of about 530square miles, maor
st Parkas are contemplated in tha'North Sulphur River watershed above
the Parkhouse Dam site,
{
The George Parkhouse projec N s topography is uniquely situated
for a two stage development although there is nothing to prevent
construction as a single phase, deor a Parkhouse I located on the
South Sulphur River arm, could be initially oonstruated with the George
Parkhouse II Reservoir constructed at a later date on the North Sulphur
River, barer demands in the North Central Texas area may diew e'the
development of the reservoir as a single project.
I
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VIII-15
The George Parkhouse project if fully constructed will have a
capacity of 8460960 acre-feet at elevation 401,0 feet, The proposed
yield of 227.4 mgd can be transported to Lake Cooper and pumped to the
City of Dallas, This process would eliminate approximately 16•miles of
pipelines, (Data obtained from the Fort Worth District, U,S, Army
Corps of Engineers and from the Report on Water Resource Investigation
Sulphur River Basin and Red River and Tributaries in Texas below
Denison Dam's, dated February 1966, prepared for the THDB,)
Marvin C. Nichols Reservoir
- v ~ te"jarvoir, also known as Naples Reservoir, is a
proposed water supply project in the Sulphur River Basin and is
1i3ncluded milesinorthe Texas Water theast of Dallas pand extends The Marvin 0. Nichols data site is
f
white Oak'Croak# The site is located about 43 miles southwest of
Texarkana with the south abutment is about can miles northeast of Mount
Pleasant, The reservoir will inundate parts of the following five
counties: Bowie, Red River, Morris, Titus, and Franklin.
The total drainage area upstream from the site is' approximately
20656 square miles of which 672 square miles are in the White Oak Creek
basin and 1,984 square miles are in the Sulphur River basin, The Water
I Resource Investigation, referenced for Cooper Reiervoir, proposes
construction of two major storage reservoirs Cooper Reservoir and
George Parkhouse Reservoir in the Sulphur River watershed above the/
`
Marvin C. Nichols Dam, No upstream projects are planned for the Whits`.
Oak Creek watershed,
The investigation states that the capacity potential of the
Marvin C. Nichols Reservoir site is "practically unlimited". As
proposed, Nichols Reservoir would have the _second largest resarvoir
volume in Texas following Toledo Bend, The proposed capacity would be
2.45 million sore-feet at elevation 322,5 feet. The dependable yield'
of the total Marvin C. Nichols is planned to be 746.63 mgd.
The investigation also details a plan to allow tike water from
Marvin C. Nichols Reservoir and George Parkhouae Reservoir to flow
wastvard into Cooper Reservoir, This plan: would allow the withdrawal
of 701 s d of the dependable yield from Cooper, Wright Patmanj Marvin
0. Nichols, and Georgge Parkhouse from the Cooper Reservoir, The
proposed' yield from the entire Sulphur Rivor Basin is 1,080 million
gallons per day, (bat•a obtained from the "Report on Water Resource
Investigation - Sulphur River Basin, and, Red River and Tributaries in
Texas belov Denison Dam", dated February 1966, prepared for the TWUB.)
Carl L. Estes Reservoir
ir . y Reservoir, fc►rmdrly Mineola Reservoir, is a
proposed, Corps of Engineers project for flood control, water supplyy,
and recreation, Located approximately 73 miles east of Dallas on the
Sabine River 34,8 miles downstream from the existing iron Bridge Dap, of
Lake Tawakont, the dam would impound 'water frox a drainage area of
1,146 square miles, The capacity of the lake would be,. 393,000
acre-feet and would produce a yield of 83,92 mgd.
. f~
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VIII-16
Preeonstrue tIon planning studies, completed in 1979, revealed
extensive lignite deposits underlying' the lake area, The project is
currently classified inactive by the Corps of Engineers. The updated
Master Plan for the Sabine River and Tributaries, March 1985, proposes
the completion of Waters Bluff Reservoir prior to the development of
Carl L, Estes, Operating in accordance with the plan, Carl L, Estes
Reservoir will be required to honor the water rights of Waters Bluff
Reservoir, This requirement would materially reduce the computed yield
of the Carl L, EStos Reservoir. (Data obtained from the Sabine River
Authority ,s "Report on Update of the Master Plan for the Sabina River
and Tributaries in Texas", March 1985.)
~ i
Big Sandy Lake
j glg`3~an~ y Lake would be located approximately 100 miles east of
Dallas on Big Sandy Creek about six miles northwest of Big Sandy,
Texas, The lake would be _contained in Wood County, with a small area
extending into Upshur County. The lake; is an authorized U.a, Army
f Corps of $ngineera project for flood control, water supply, recreation,
and redevelopment, Preconstruction planning was initiated in fiscal
year 1979 but terminated by, the Corps of Engineers in May 19820 The
environmental imppacts were; judged to be too
construction, The prupceed dear site was moved severe to consider for
five miles downstream
and the reservoir size adjusted to avoid destroying protected
environmental areas, The U,S, Bureau of Reclamation is currently
studying the Big sandy site for possible development as a Federal
project. (Data obtained from the Sabine River Authority's "An Analysis
of the Big Sandy Lake Project", January, 1983.)
I
Y,aater1_Blt f_f iteaervoir
Watara`$Iu~~ Dam and Reservoir Is a new pro,jeot introduced in
the "Update of the Master Plan for the Sabine River and Tributaries in
Texas", March 1985, The Waters Bluff Dam site Islocated approximately
f 120 (41142 east of Dallas on the Sabine River about 3,5 mules upstream
from the U,S. Highway 271 orossin of the Sabine River and about four
{ miles southwest of the City o Oladevstsr, in Smith and Upshur
Counties, Texas. The reservoir extends upp the Sabine River valley into
Wood County, about 21 miles to the vicini
it
conflurnee y of the Lake Fork Creek
with the Sabine River,
j
The total drainage area upstream of the site is approximately
20735 square miles. Lake Tawskoni and Lake, Pork Reservoirs are located
within the Waters Bluff Reservoir drainage area, controlling a total
area of 11249 square miles, The four Wood County lakes, Lake Holbrook,
Lake Quitman, Lake Hawkins, and Like Winnsboro, controlling a total
area of 105 square miles, are also located within the Waters Bluff
Reservoir drainage area, leaving an uncontrolled area of 1,187 square
miles above the Waters Bluff Dam site,
The Waters Bluff project, proposed with a water supply pool
elevation of 303.0 feet, will have a capacity of $75,160 acre-feet and
! a firm yield of 307 mgd. The in-basin needs Of the Sabina River basin
will allow only 128 mgd to be exported out of the basin from Waters
,
4 '
s
s,
{
F
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VIII-17
Bluff Reservoir, The location of waters Bluff allows the
transportation of water to the Lake Pork Reservoir, The yield could
then be delivered to the DVU system from Lake Pork, (Data obtained
from the Sabine River Authority's "Report on Update of the Master Plan
for the Sabine River and Tributaries in Texas", March 1985 and "Report
on Preliminary Feasibility Study - waters Bluff Dam and Reservoir",
March 1986.)
Carthage -Reservoir
Carthage Reservoir is identified as a "Long Range Reservoir
project" in the "Update of the Master Plan for the Sabine River and
Tri utaries in Texas,,, March 1985. This report indicates
implementation some time after th+ year 2030, proposed
The Carthage Reservoir site is located approximately 160 miles 1
east of Dallas on the mainstaa of the Sabine'Riverc in Panola, Harrison,
Rusk and Bragg Counties, was planned to yield approximately 479 mgd at
a conservation pool elevation of 244 feet and a capacity of 6511914
acre-feet (Forrest and Cotton, 1962).
f The proposed waters Bluff Reservoir, located u stream is l
for construct P planned
ion ahead of the Carthage project, waters Sluff Reservoir
would therefore have water rights superior to the Carthage Pro,lect, and
the planned yield of Carthage Reservoir would be reduced significantly,
ovate n Coleman county approximately 150 miles northoost of
Dallas on Pecan Bayou, approximately 17 miles north of Coled,an, Texas,
the lake would provide 91,900 ears-feet of conservation storagh at an
elevation of 1637,0 feat as an integral part of a plan to divort Red
River water. The Red River water would gravity flew into the Pecan
Bayou reservoirs, then flow through a tunnel to the proposed Marvin C.
Nichols reservoir. From the Nichols Reservoir the water may be
transported upstream to Cooper Lake for withdrawal, This project is
inactive ; and no funds have been appropriated to initiate
ppreoonetruation planning. (Data obtained from the Port Worth District,
U,S. Army Corps of Engineers.)
Bl r i hake
ae syproes Like is located approximately 160 Miles east of
Dallu on Blank Cypreas Bayou in Cuss and Marion Counties of East
Texas, With a proposed conservation pool elevation of 253.0 feet, the
Blank Cypress We would have conservation storage of 447,262
work-feet, The potential -iepandable yield of 150 mgd may be
transported through a channel by gravity flow to Lake 01 the Pines,
From the Lake Of the Pines, tha water may be piped to Lake fork for
transportation to the City of Dollea, (Data obtained from the Fort
Worth District, U.S, Army Corps of Engineers,)
t
i ,
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mr-18
Littla Cypress Lake
Locate approximately 150 miles east of Dallas on the Little
Cypress Bayou, Little Cypress Lake is south of the Lake 0l the Pines,
Proposed for a capacity of 700,000 acre-feet at a conservation pool
elevation of 255,0 feet, the yield of Little Cypress is projected to be
233 mgd, As with Black Cypress, water from Little Cypress may be
channeled to Lake 0' the Pines for transportation to the City of
Dallas, (Data obtained from the Port Worth District, U,5. Army Corps
1 of Engineers and from the Little Cypress Utility District's
"Preliminary Engineering Report for Little Cypress Reservoir, February
1986,)
Tennessee Colon Reservoir
i"nnTssee o ony eservoir is a proposed U.S* Army Corps of
ineers multiple purpose reservoir located on the mainstom,of the
Trinity River about 85 miles southeast of Dallas, The lake would Its
J primarily in Anderson and Freestone Counties,
Total drainage area above the dam site is 12,302 square miles of
which 7)999 square miles art controlled by existing upstream
E reservoirs, with it proposed conservation pool elevation of 275,0 feet,
the capacity of the reservoir is 2,02 million acre-feet, The proposed
yield of the Tenneasee Colony Reservoir would be 460 mgd
Several factors have delayed the construction of the Tennessee
Colony Reservoir, The lake is an integral part of the pproposed Trinity
r i River Navigation project and would Include navigation festures as well
j as flood control and water supply storage, The project proposed the
use of return flows and navigation otku to supplement the natural flow
` l in the Upper Trinity River and allow a4vigAtion service for the North
r Texas area. The plan, however, has been deauthorized which
significantly reduced the probability of the reservoir being
constructed,
Extensive lignite deposits also exist in, the lake area, If
commercially mined, the lignite would be 'exhauiited by the ywar 2030
when the water supply need of the area would reactivate interest in the
at, At the present time, the Tonntesso Colony Reservoir project
tssified as inactive by the U.S. Army Corps of Engineers, (Data
oo._.ned from the Port Worth District, U.S, Army Corps of Engineers and
the 1975, "Long Range Water Supply Flan", prepared by UR8/Forrast and
Cotton,)
Tahwossta Reservoir
a_uacana aservoir, located approximately 90 miles southeast of
Dallas on the Tahuacana Cesek tributary to the Trinity River, is the
proposed second stage of an integrated Richland Chambers - Tehuacana
project, The preliminary design criteria proposes a yield of 41,8 mgd,
As owner of the Richland Chambers Reservoir, the TCWOID No, i may gain
first rights to the yield from the Tehuacons Reservoir, The plans for
the rehuscans Reservoir have been delayed due to extensive lignite
deposits discovered under the proposed lake site, (Data obtained from
the TCWCTD No, 1,)
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VIII-19
8.6 V WU TRRATMW FACILIT19S
As indicated in Section IXI, the City of Dallas currently has three
wdtoe treatment plants. The combined treatment capacity of these facilities is
currently 700 mgd. expansions to these facilities need to begin as soon as
ossible to meet near-term peak-day demands. These expansions should provide
an increase in treatment capacity to 855 mgd by the mid-1990's. These
expansions include a 40 mgd upgrade to the eastside plant, a 119 mgd expansion
of the elm Pork plant, and a 25 mgd upgrade to the Lake Ray Hubbard supply
pum s, 'table 8-9 presents the current treatment plant capacities, projected
peak-day treated water demand, and projected treatment deficit for the period
1990 through 2050. As indicated, treatment demands are projected to increase
from approximately 704 mgd in 1990 to approximately 13116 mgd by 2050. with the
15 `mgd of treated water that can be purcl;ased from NTMWD lus present
rexpansions, the facilities can meet demands until approximately 2001.
l .
E
8.7 St1MMART
examination of the City of Dallas current water su 1 sources,
I t
including return flow, ' ndfcatad that 'plcnning ages demands oat% a met until
approximately 2036. Another 54 mgd must be connected to the supply system to
meet demands through 2050. The ability of the City of Dallas to retain its
current usage of return flow is mandatory.
Vater reuse can also provide a significant source of potable or,.
I non-potable water supplies to the City of Dallas. Indirect potable appears to
offer the greatest potential for large scale use to most projected water
! demands. It is reoommonded that the City of Dallas consider the alternative of
{ using indirect potable reuse in planning for future sappiies and that a public
educatiois program be implemented to inform the public of the rA;rantages of
reuse.
Of the suilace water supplies acnsidered, the four sources presented in
Table 8-10 appear to be the best candidates if additional rav water supplies
sre required. The amount of water Callas could obtain from these 'sources will
depend upon local and in-basin needs, previous commitments to others, and needs
of other out-of-basin entities, estimated costs of water from these reservoirs
are discussed and sumrarited in Section IX,
The ally of Dallas' current treatment plants, plus immediate expansions
needed at -8astsIde and Elm fork, and treated water purchased from NTMVD will
provide sulfioient treated water through 2001. expansions of current treatment
plants, or construction of new plants, totaling 446 mgd will be required by
2050. The location and capacity of specific expansions is dependent upon both
the system naeds and the location of future water supply sources, Alternatives
are presanted in Section IX.
I
F
ViIS-20
Table 8-1
Total Reservoir Ylekls
Rsaervoir Total Dependable Yield (mqd) (1)
1960 Conditions 2000 Oonditlons 2060 Condtlons
Con ected.
Grapevine lake 1913 19.1 10.3
Lewisville Laka/Ray Roberts Lake 18814 101,1 183,2
Lake Ray Hubbard 84,1 49.6 48.9
Lake Tawakonl 204,3 202,3 19816
Unconneded:
Lake Fork 10710 186.5
IAS.A
Lake Palestine 148 1801¢ 107 R
( Total 807.2 794,5 1x2,1
s I
E hl Reprsaants all suppllss which an be obtained on e
dependebte basis /or all psrmlttec'ussis.
I,
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TWO 8-2 VIII-21
Existing Water Supply Sources and Rowmmended Planning Area Demand
Dependable Suppfy available to the City of Deltas (1) (mqd)
Source 1990 2000 2010 2020 2030 2040 20lf0
OrapeOno Lake 10,2 1011 1010 9.9 9.8 0.7 91
Lswlsvllle Laker
Pay Roberta Lake 142.6 140,1 138,2 138,4 134,6 132,7 130,8
Lake Ray Hubbard 61,8 49.6 49.4 491 49,1 49A 484
Lake Tawakont 162,6 161,4 181.2 160.6 180,0 189.4 168,8
Lake PateatlMe (unoanneoted) 101.7 101,4 101,3 101.1 101,0 100.8 100.7
Lake Pork (uWnneoted) 107.0 107.0 107.0 t07.0 107,0 10-1,0 107.0
Elm Pork Of the 1010 10.0 10.0 10.0 10,0 10,0 10.0
Trinity Rlver (2)
NTMWD 10.0 1010 10.0 10.0 1010 1010 1010
Return Flow (3) 88.6 8711 8716 77,3 8Y.1 97.8 108,8
r ( TbtAi 3.
662.4 8462 8g4,1. 681,6 ' !3!l8.6 678.
~ 2 684.
i
PtAnnln Area Demand
l Total
410,8 432 2 617.6. seo,7 037.2
60&2. 738.6
Defloit
~ ,wn`lKC
(!1 Dep4nds6k SuANlea for reservoirs based on y/etd studles And refleot redwfion in yields due to
seoWrle MIYon when date were evaltable.
(2) D(OU f pyftddan dependable supplY ssUmsted by 0WU,
M E'sdfuted as dependable supply for the 01ty of DAllss.
3
t'
Table 0-3 V111-22
Estimate of Aetum Flow Percentages
r City of Dallas
t ,
Yea Water Troetad, Return
pratuauun (2) Weatewitef (2) E7ow (3)'
1
1964 (1) 77.1 47,9 963 (1) 64.1 37.8 68,9
1966 (1) 8.8 64,2 8
81
I 70.8.
1968 (1) 01.2
62,4
I 67.4
1967 82.8 83.6 78.8
1968 86.2 7914 93.2
1960 00.4 74,0 82.6
1900 92.7 79.2 864
tool 941 82.1 88.8
1002 96.9 80,3 82 9
1963 119.1 79.2 84.0
1944 111.8 84.2 76.4
f load 108.2 80.9 84.8
1986 107,8 9411 8716
1907 110.0
j I 1988 117.1 1194.3 4.4 70.3
1989 97.3
140.0 119.1 84,7
1970 142.4 12311
8 87,0
{ 1071 143.0 130.2 91.1
Li 1972 167.9 121.7 72.6
1973 162.0 149.7 98,6
1974 161,1,0 134,8 84,2
1978 100.7 132.5 82.8
1014 1810 134.9 82.8
1977 101.4 140,0 82.1
1978 194,8 161,1
77,6
1 1979 180.8 14710 90.2
1040 (1) 24.7 167,2 7118
1081 100.0 170.2 80.8
1082 100.2 173.3 87.0
1983 210.7 180.7 76.7
1084 MIS 186.8 7912
- 1086 241.8 104.9 80.0
{ 1086 230.2 192.6 80.0
E 1907 240.7 181,0 7612
Avers ;80,8;'
(t)Orought Yaera
(2},4lthouah the emes served by the supply mmm and wratewetsr
4WOM Vs VOW# It Wee oorlduded that thls Intormedorr woulry
produo w reasonable KVV# fa estAbt/shlnp dependablb return flow.
(9) A velue of to prrc#nt of Water pvaductlea Wee aatebllahed for lh/s study
fo ett/mefe dependable return tlow based on f08$-60 drought ondlNone.
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Table 8-4
Summary of ROM Flows VIII-23
Included as Dependable Supply
for ttlp City of Dalkas (mom
r~
i48tum F(ows to,, 19gp' 2000 2010 2020 2OW 2040 2060
Lake Tawakon) 3161 6126 6,32 8,48 6.64 8:80 e.$8
~ ( Ray Roberta Lake 1.61 1.83 1.78 1.91 9.05 2.24 2,46
~ i
Grapevine lake
( 044 0192 1113 1.30 1,43 1.63 1162
Lewisville We
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18.49 21.$$ 29.03 38,47 44,48 x3.30 82171
I
' film Fork of the
I Trinity River 7103 8100 8,00 8100. 8J00 8100 8100
E f We Ray Hubbard 28,30 19138 21,37 >t3110 24.60 2a17a 24.79
> G ~ Total Rehm Flows :108:53
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Table 8-7 vtn-zs
Poterttw Water Supply SW(CSs
' Existing Reas"Irs
ReeervaU Dspe►xW o
Yi~W ( Probiame
Joe Pool we 14,2 Yield Fully Permitted
Cooper Reservoir 107,1 Yield Fully Permitted
Like WrightPatman 10316 High Pumping Cost
Lake 0' The Pin" 16210 Limited Unpermltted Yield (1)
RichluM Chambers and High Pumping Coat
187.0 Yield Fully pernllttetl
Toledo bend 1964.0 High Pumping Coat
Texoma ..134.0 (2 High Mineral Content
~ ~ ± ((1 Dn/Y ~S nsac! unpermlttsd.
I Rr-RNOcoxtlort ul hyHroele ft power swam,
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Table 8-8
Potential Water Supply Sources
Proposed Reservoirs
Reservoir Dependable Status (1)
YWd (M (1)
Roanoke 23,9 (2) Inactlve
f peoroe Parkhouss (3) 217.4 proposed
f Marvin C. Nichols 748.8 proposed
Cart L. Sstes (4) 8319 Inactive
010 Sandy 6219 Inactive
II 1 Waters 91uN 307.0 Piopoaed
Canhaae' 479.3 (5) Proposed
P#00 Bayou 61713 Inactive
. 81aok Cypress 16810 proposed
1 ( Uule Cypress 233,0 Permitted (8)
Tennessee Colony 460,0 Inactive
Uhusoana 41,6 Ina cV"
,
j (Y) As kknNtlYd by aach bxeln RuNrorlry a Nw Corpr of ~nglnNra fdN text),
(2) PtopoW for Nood r anrrol only, Would alktw the cvnaervadon storage of
Qtappvlne Lske'to bo Irxwe*aed by 219 mqd,
(3) Fotmery 6V)*Ot r914111
f (4) Fcrmty M►neods~
O 6
YINd may be tsduol+d by oofishmcNor► of wrtsri Ndrl,
(Q) Curtootly pstrnltted /or tha cvnatruCtlorr of m roaerWt yWdYftq only 104 mqd, f
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I Findings and Recommoondatlons
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SECTION % - FINDINGS AND "COH?[MATIONS
9-1
;
10.1 G1L
The information contained in this report is intended to enable,
of Dalia regulationso reach decisions on capital funding, r
to m dement a lop ate struct res the City
r allow the i
farmumplem of a g^term water su 1 ands watar use
providing definitive schedulepforpfuturerpulannlnciions will
demands throadequate, cost effective water su
t g 0501 PP1Y system to meet 8 efforts in
recommendations were discuss Throughout this report, lanning area
1 . This specific findings and
^V i! section summarizesutPhosetf,jifos rmation required to make these
decisions recommendations,
10.2 PINDZNGS AND
f j IiEC0N![P.NDATI0N4 .
10,2,1
i ~ Plantflitg Area {
The current DvU la
' planning en(I tits are also cn dusgting bowater undary supply includes
s,areas for whic
Potentially oaltiF'liotfn This oYe h other
plnti an result in duplication of efforwaadceeof public f` ends, end
rlapping
both treated water and
f Also, the current Dt1U
~a vluater ` no cl
which pt)rtiony of the curve n customers, but there tl planning area inoludes
raw wAter,' Furthers the cost t to unnerved area vould b4 served vi h ft reiten° of
11
unnerved area would " imppo provide treated water d o
Y se an almost IS"Percent 'to all of the currently
! { the Cit of pollen than pravidin greater capital requirement on
g only raw water to new areas,
It is recommended that she ourren
Cooke and Grayson Counties t planning area, be revisad by
`n
revised planttl deleting
other wholesale supplfeOrsid Den toto elldmip$Countte of 4UPJJ~Atjon of
e~allas County not planning efforts, The ihCI* All , provided water by
included in the Rim Fork of the Trinity River Basin Denton Creek, Collin county
► of all existiisg'Customer ci,
ts
treated tie-10 4rervice'area _be defined which inludes'all cuhrentrhat a tr ate Ilmi specific
customerx and Ca.11aM'county ,Duna, STh+ remaining area could` be provided water
only
104.2 Conservation r
and thought Contingency ;
' . The
Increase Erowp1 81mi,12ion tf the o 1989r to o~a2 ndad Planning this population grovth and In
in per lion dam area is Arof'eeted to
capita by year 2010- As a result of
does ntst hold adequate wat ends,
or supplles to meet pro edted a through
Therefore, a reductions in _demand, acquisition of~ atil City of Dallas
combination of so or
the tea roust be achieved to meet the needs of the area. T'ha
current tter water oAnservatIbn plan includes all the elements',requirea or a i
Tax" Meter Developpment Board, Hovever, only nimal reductions have been'abset+va'd, It is estimated that a reduote o by the
rater
in Annual `demands could be achieved If ah enhanced iwa ion $$V in
a wete adopted and that a ten of an percent
y_~1 _ percent reduction in peek-day demands... could be
conservation n adhieved if a modified drought contingency plan rare adopted,
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1-2
It is recommended that the City of Dallas adopt the recommended
modifications to its Water Conservation Plan and Drought Contingency Plan.
Recommended changes include the following elementst ~
° Conduct a comprehensive television media campaign' to inform the
public about the benefit and need to reduce water consumption
through conservation,
° Promote recycling and reuse of water through the media campaign as a
potential substitute for surface water supplies.
° Offer free or minimal cost household water-use audits and retrofit
i kits (at cost) to the public,
° Alter water rate structure to further encourage non-priority water
conservation,
° Alter metering policies to promote dual metering,
° Promote, water conserving landscaping by use of native and drought
tolerant plants for all city facilities,
° Consider offering rebates to the public for purchasing native or
drought tolerant plants,
Establish an electronic leak detection program to reduce annual(
system water losses,
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° Set an example by initially 'implementing all practices of the
conservation program viihin City departments,
° Implement a program of Demand Level Planning to reduce peak-day
drought weather demand by 10 percent through restriotions in
landscape watering to once every ;five days during periods of
drought
It is also recommended that OWU coordinate its nonservstion and drought
contingency programs with its custo~ers, through its Water Management Advisory
Committees to insure capability and achievement of the proiewted reduetion in
demand`
10.2.3 Water De,tand
With conservation and demand level measures implemented, avers a-day
demands to br provided by DVU were 'projected to increase from approximataly 411
Mgd in 1990 to 738 mgd In 20500 Peeks-day drought weather demands were
projected to increade from 704 m d in 1990 to 1316 mgd in 2050, the current
dependable supplies hold by the City of Dallas Is'spproximately 54 Mgd short of
the 2050 projected demands, The currant dependable supplies ,of 'approxfmately
652 mgd include almost 57 mgd in return flows. These dependable supplies will
increase to approximately 684 mgd in 2050 `because of the increase in return .
tr
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flows to approximately 108 mgd, some area providers have indicated that these
return flows are being considered available for their use, four water supply
sourceni (3eorge Parkhouse) Waters Bluff, Little Cypress and Lake Texoma, were
identified as the best candidates to provide additional surface supplies,
i Depending upon publicacceptance and supporting technological evidenea, reuse
of water (reclaimed discharges) was Also identified as a reliable water supply
source to meet projected demands,
It is recommended that tha City of Dallas actively coordinate with
other water providers and state agencies to monitor the
proposedreserv
progress
of the
sirs which could be used for future supply sourcescifically
c(eorge Parkhouse, Waters Bluff, and Little Cypress.
also
i that Dallas concurrently promote the-co
Ace t of of implsmIt'is use recommended
discharges for water supply the necessary studies u to determine se reclaimed
and conduct the if
tha recommended quantity of use will have any adverse water quality im acts,
Finally, City of Dallas must confirm Its right of continued use of returnflows
or the additional water supply requirements will increase by another 108 med by
2050,
10.2.4 Treatment Capacity
i I The total current OWU treatment plant capacity It 715 mid, The City of
Dallas is cut-rentl designing facilities to increase the capacity oif' the ~
Rastaide and the Vlm Pork water treatment plants,
improvements would provide a treatment plant caacity of 870 mgudetion of these
To meet the immediate need for increased treatment capacity, It is i
recommended that fhe City of Dallas award construction contracts to enlargga the I
tIm Pork NTP by 115 mid, upgrade the Eastsida WTP by 40 mgd, and upgrade the
Lake Ray Hubbard supply pumps by 21 mgd, l
i
10.2.5 Plan aecoamdatioa
The existing connected water supp).tes are adequate to meet the needs of
the DWU system .through the year 2001, At that time, _an additional source will
be required, Additional treatment plant oa aoit i
p Y heater than 870 mgd will
also be required in the year ,.2041,
connooting Lake Palestine to the DO sThe ystem orande eonstructinr ~ie100 mSd ~
treatment plant at the proposed Southeast WTP site by the year 2001. Reclaimed
dischar n :could provide an additional; supply source by 2035. - Hovever, the
flexibility exists to substitute one of the identified reservoirs for reclaimed
discharger if conditions indicate that is desirable,
It is recommended that the City of Dallas adopt Alternative l as its
long-term plan and begin engineering
construction of the short-term 'recommendations. Alternative 5 t should Fbe` i'
considered as the primary alternative, if, by 2010, reuse is determined to be
unacceptable,
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rte. _
The City of Dallas should continue to closely monitor the development
of identified alternate surface, water supply sources, especially George
Parkhouse Reservoir. if 'other water providers initiate actions to acquire
' water rights•in these sources, the City of Dallas may need to reach a decision
on use of reclaimed dischargee prior to 2010, or these alternate supplies may
not be available, The City of Dallas may elect to acquire rights in one of the
alternate sources to provide flexibility for future options or to provide a
water supply source beyond the year 2050, in that event, the city should
participate in the development of the proposed' reservoir in coordination with
other area providers.
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