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Agenda Packet
January 28, 1997
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Agenda No.ZL_S6L5...__
AGENDA Agenda Item
CITY OF DENTON CITY COUNCIL Dale- lq,
January 28, 1997 .
Closed Meeting of the City of Denton City Council on Tuesday, January 28, 1997 at
5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas,
at which the following items will be considered:
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE Sec.
551.074
Special Called Meeting of the City of Denton City Council on Tuesday, at 6:00 p.m.
in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the
following items will be considered:
1. Consider approval of a resolution authorizing the dissolution of the Economic
-,npment Corporation of Denton, Inc. VEDC"); assuming the EDC's
c-.,act with the Denton Chamber of Commerce for economic development
services and any other obligations of the EDC; directing the City Attorney to file
Articles of Dissolution with the Secretary of State; a<<:nk rizing the Mayor and
City Secretary to sign said Articles of Dissolution; and authorizing all other
things necessary to dissolve the EDC.
2. Consider approval of a resolution accepting the resignation of the Board of
Directors of the Economic Development Corporation of Denton, Inc.; and
expressing appreciation for these Director's service.
Following the completion of the Special Call Session, the Council will convene into a
Work Session at which the following items will bo considered:
NOTE: A Work Session is used to explore matters of interest to one or more City
Council Members or the City Manager for the purpose of giving staff direction into
whether or not such matters should be placed on a future regular or special meeting
of the Council for citizen input, City Council deliberation and formal City action. At ,
a work session, the City Council generally receives informal and preliminary reports
and information from City staff, officials, members of City committees, and the #
individual or organization proposing council action, if Invited by City Council or City J
Manager to participate in .he session. Participation by individuals and members of
• organizations invited to speak ceases when the Mayor announces the session Is being • p
closed to public input. Although Work Sessions are public meetings, and citizens have
a legal right to attend, they are not public hearings, so citizens are not allowed to
participate in the session unless invited to do so by the Mayor. Any citizen may sup-
ply to the City Council, prior to the beginning of the ses;,Ion, a written report
regarding the citizen's opinion on the matter being explored. Should the Council direct
the matter be placed on a regular meeting agenda, the staff will generally prepare a
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City of Denton City Council Agenda
January 28, 1997
Page 2
final report defining the proposed action, which will be made available to all citizens
prior to the regular meeting at which citizan input Is sought. The purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear
the views of their fellow citizens without having to attend two meetings.
1. Presentation of the Comprehensive Annual Financial Report for the year ended
September 30, 1996.
2. Receive a report, hold a discussion and give staff direction regarding the 1997-
98 City Council budget priority questionnaire.
3. Receive a report, hold a discussion, and give staff direction regarding the
proposed annexation of a 286 acre tract located north of Brush Creek Road and
east of HWY 377. (A-76)
4. Receive a report, hold a discussion and give staff direction regarding the
NASCAR Committee's activities surrounding the April 1997 NASCAR race at
the Texas Motor Speedway.
6. Receive a report, hold a discussion and give staff direction regarding the
extension of Scott Street.
6. Receive a report, hold a discussion and give staff direction regarding Robertson I
Street.
7. Receive a report, hold a discussion and give staff direction regarding
eddendums to existing contracts between the City of Denton and the Upper ,
Trinity Regional Water District (UTRWD):
a. Addendum to the Existing Water Treatment and Transmission
Contract for Treated Water Service ay Denton to the City of
Sanger and by the District to Corinth and Lake Cities Municipal
• Utility Authority (LCMAI.
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b. Addendum to the Joint Ownership and Operations Contract
Regarding Participation in the Sanger Transmission Line. I
CERTIFICATE
• C •
1 certify that the above notice of meeting was posted on the bulletin board at the City
Hall of the City of Denton, Texas, on the day of 1997 at
o'clock (a.m.) (p.m.l
CITY SECRETARY
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City of Denton City Council Agenda
January 28, 1997
Page 3
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S
OFFICE AT 588.8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1.800-RELAY-TX SO THAT A SIGN
LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
J. SECRETARY'S OFFICE.
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P:\MPDtr:6\A65\DI S50tvc.mc Agenda No.
Agenda Item S-~_
Date
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DISSOLUTION OF THE ECONOMIC DEVELOP-
MENT CORPORATION OF DENTON, INC. ("EDC"); ASSUMING THE EDC'S
CONTRACT WITH THE DENTON CHAMBEr OF COMMERCE FOR ECONOMIC DEVELOP-
MENT SERVICES, AND ANY OTHER OB',IGATIONS O'i' THE EDC, DIRECTING THE
CITY ATTORNEY TO FILE ARTICLES OF DISSOLUTION WITH THE SECRETARY OF
STATE; AUTHORIZING THE MAYOR AND CITY SECRETARY TO SIGN SAID
ARTICLES OF DISSOLUTION AND AUTHORIZING ALL OTHER THINGS NECESSARY
TO DISSOLVE THE EDC; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on April 9, 1996, the City Council passed Resolution
No. R96-017, authorizing the incorporation and formation of the
Economic Development Corporation of Denton, Inc. ("EDC") under
Section 4A of the Development Corporation Act of 1979, Article
5190.6, Vernons Tex. Rev. Civ. Stat. Ann., (Development Corporation
Act) approving the Bylaws and Articles of Incorporation of said
EDC; and
WHEREAS, the Articles of Incorporation of the EDC were filed
with the Secretary of State and the Secretary of State issued a
Certificate of Incorporation, providing the EDC charter number
01402099-01, and the EDC became a legally recognized development
corporation under the Development Corporation Act on May 23, 1996;
and
WHEREAS, on January 18, 1997, the voters of the City of Denton
defeated a proposition which would have approved the adoption of an
additional one-half of one percent sales and use tax within the
city to be used for the promotion and development of new and
expanded business enterprises under Section 4A of the Development
Corporation Act; and
WHEREAS, on January 21, 1997, the entire Board of Directors of
the EDC submitted -heir resignation, which resignation was accepted
by the City Council by resolution passed on January 28, 1997 to be
• effective when the actions by the EDC necessary for dissolution had
been completedt and
WHEREAS, due to the defeat of the additional one-half of one
percent sales and use tax by the voters, the Board of Directors of !
the EDC passed a Resolution on January 28, 1997, prior to the
Council accepting their resignation, determining that the EDC does
w not have the funds or means necessary to achieve its purposes as
' set forth in its Articles of Incorporation and Bylaws, that the
purposes for which the EDC was formed have been substantially
complied with or cannot reasonably be accomplished under these
circumstances, that no bonds have been issued and there is no
bonded indebtedness, and that the EDC should be dissolved in
accordance with Sections 35 & 36 of the Development Corporation
Act; and
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WHEREAS, the City Council deems it in the public interest that
the EDC sFould be dissolved; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That all of the recitals contained in the pre
ambles of this resolution are found to be true and correct and are
adopted as findings of fact by the City Council as part of its
official record.
SECTION II. That the City Council officially Binds and
determines that, as a result of the defeat of the one-half of one
percent sales and use tax to be used for the promotion and develop-
ment of new and expanded business enterprises by a substantial
majority of the votes at the January 18, 1997 election, the passage
of a dissolution resolution by the EDC in accordance with the
Development Corporation Act, and the resignation of the Board of
Directors of the EDC, that the purposes for which the EDC was
formed have been substantially complied with or cannot be accom-
plished under these circumstances and there is no longer any reason
to continue the EDC. Accordingly, the City Council declares and
directs that the EDC be dissolved in accordance with Section 8 of
the Articles of Incorporation, Sections 35 and 36 of the Develop-
ment Corporation Act of 1979, Article 6.05 of the Texas Non-Profit
Corporation Act, Article 1396-1.01 et. req., Vern. Tex. Civ. Stat.,
and all other applicable laws.
SECTION III. That the City Council hereby approves the
Articles of Dissolution of the EDC in substantially the form of the
attached Articles of Dissolution, which are made a part of this
resolution for all purposes as if written word for word herein. The
Mayor and the City Secretary are hereby authorized to execute the
Articles of Dissolution and any other documents necessary to
dissolve the EDC. The City Attorney is hereby directed to file
triplicate originals of the Articles of Dissolution with the
Secretary of State, to pay the filing fee for same, and to take all
other actions necessary to dissolve the EDC.
SEQ710N IV. That upon the issuance of a Certificate of Dis-
solutior by the Secretary of State, the EDC shall cease to exist i.
and the title to all funds and properties then owned by the EDC r
shall bo transferred to the City. The City shall assume all obli-
gations of the EDC, including without limitation, the assumption of
the existing contract between the EDC and the Denton Chamber of
Commerce for economic development services, which was executed on t
the 26th day of July, 1996. The Mayor, the City Secretary, and the • •
City Manager are hereby authorized to execute an assumption of all
obligations under the contract between the Denton Chamber of
Commerce and the EDC in substantially the form of the Assumption of
the contract between the Economic Development Corporation of
Denton, Inc. and the Denton Chamber of Commerce for Economic
Development SEivices attached to and made a part of this resolution
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for all purposes. The City Manager and the City Attorney are
further authorized to take any and all actions necessary including,
without limitation, working with the Board of Directors of the EDC,
to complete the dissolution of the EDC and to assure that all just
debts and obligations of the EDC are fully paid and that title to
all funds and property of the EDC are transferred to the City.
S E ION V, That if any section, subsection, paragraph,
CT
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would ha,,e
enacted such remaining portions despite any such invalidity.
SECTION VI. That the City Council has found and determined
that the meeting at which this resolution is considered is open to
the public and that notice thereof was given in accordance with the
provisions of the Texas Open Meetings Law, Tex. Gov't Code ch. 551,
as amended, and that a quorum of the City Council is present.
SECTION VII. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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ARTICLES 01 DISSOLUTION
or
THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC.
A TEXAS NON-PROFIT CORPORATION
STATE OF TEXAS S
COUNTY OF DENTON §
We, the undersigned Mayor and City Secretary of the City of
Denton, Texas, pursuant to Sections 35 and 36 of the Development
Corporation Act of 1979, as amended, Tex. Rev. Civ. Stat. Ann. art.
5190.6 and in accordance with art. 6.05 of the Texas Non-Profit
Corporation Acts Article 1396-1.01 et seq. Vernon's Texas Civil
Statute; Section VIII of the Articles of Incorporation of the
Economic Development Corporation of Denton, Inc., a Texas Non-
Profit Corporation, and all other applicable laws, with the
approval of the governing body of the City of Denton, Texas
("City"), as evidenced by the resolution attached hereto and made
a part hereof for all purposes, da hereby adopt the following
Articles of Dissolution.
1. The name of the corporation is the Economic Development
Corporation of Denton, Inc. On April 9, 1996, the City authorized
the incorporation and formation of this development corporation
under Section 4A of the Development Corporation Act of 1979 by
passage of Resolution No. R96-017, approving the Articles of
Incorporation and the Bylaws of the corporation.
2. The charter number of the corporation is 01402099-01.
3. A resolution authorizing the dissolution of the corpora-
tion, Resolution No. a copy of which is attached to
and made a part of these Art of Dissolution for all purposes,
was, in accordance with Sections 35 and 36 of the Development
Corporation Act of 1979, adopted by a majority vote of the City
Council of the City of Denton on January 28, 1997 at a special
meeting of the City Council, at which a quorum was present, after
the defeat of an election to adopt a sales and use tax for the
• promotion and development of new and expanded business enterprises
under Section 4A of the Development Corporation Act of 1979. A
resolution to dissolve was adopted at a meeting of the Hoard of
Directors of the Economic Development Corporation of Denton, Inc.,
held on January 28, 1997 at which a quorum was present, determining
that the purposes for which the corporation was formed have been
substantially complied with or cannot be accomplished and that no f
• bonds have been issued by the corporation and that there is no •
bonded indebtedness. The corporation's resolution to dissolve, a
copy of which is attached to and made a part of this Article of
Dissolution, received at least two-thirds of the votes which
members present were entitled to cast.
4. All debts, liabilities, and obligations of the corporation
have been paid, satisfied, discharged, or adequate provision has
been made therefor.
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5. All the remaining property and assets of the corporation
have been trans erred, conveyed, or distributed to the Cily of
Denton, Texas, the governing entity which authorized the creation
of the corporation in accordance with Section 36 of the Development
Corporation Act of 1979, Article VIII of the Articles of Incorpora-
tion, and the provisions of the Texas Non-Profit Corporation Act.
6. There are no suits pending against the corporation in any
court.
Executed this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMt
HERBERT L. PROUTY, CITY ATTORNEY
BY-
STATE OF TEXAS S -
COUNTY OF DENTON S
BEFORE ME the undersigned authority, a Notary Public in and
for said State of Texas, on this day personally appeared Jack
Miller, known to me to be the Mayor of the City of Denton and the
person who signed and executed the foregoing Articles of Dissolu-
tion of the Economic Development Corporation of Denton, Inc., A
Texas Non-Profit Corporation, and acknowledged to me that this
instrument was executed for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of _
• ' 19 O O
Notary Pu c In an or the
State of Texas
My Commission Expires
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STATE OF TEXAS S
COUNTY OF DENTON S
BEFORE ME the undersi,)ned authority, a Notary Public in and
for said State of Texas, on this day personally appeared Jennifer
Walters, known to me to be the City Secretary of the City of Denton
and the person who signed and executed the foregoing Articles of
Dissolution of the Economic Development Corporation of Denton,
Inc., A Texas Non-Profit Corporation, and acknowledged to me that
this instrument was executed for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
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Notary Public in an or the
State of Texas
My Commission Expires:
STATE OF TEXAS g
COUNTY OF DENTON S
BEFORE ME the undersigned authority, a Notary Public in and
for said State of Texas, on this day personally appeared Herbert L.
Prouty, known to me to be the City Attorney of the City of Denton
and the person who signed and executed the foregoing Articles of
Dissolution of the Economic Development Corporation of Denton,
Inc., A Texas Non-Profit Corporation, and acknowledged to me that
this instrument was executed for the purposes and consideration
therein expressed.
GIVEN UNDER i•iY HAND AND SEAL OF OFFICE this the day of
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Notary Public in an or the
State of Texas
My Commission Expires:
9 AWPDOCS \K0RX\DIMLV1. MT
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STATE OF TEXAS 5
COUNTY OF DENTON 5
ASSUMPTION 01 THE CONTRACT BETNEEN
THE ECONOMIC DMIrOPNENT CORPORATION OF DENTON, INC.
.UM THE DMM I CHAMBER OF COOBRCE FOR
ECONOMIC DMILOPl@IT BERVICSB
WHEREAS, the City Council of the City of Denton ("City*) and
the Economic Development Corporation of Denton, Inc. (EDC) passed
resolutions avthorizing the dissolution of the EDC, and directed
that Articles of Dissolution be filed with the Secretary of State;
and
WHEREAS, the Board of Directors of the EDC have all resigned
and their resignations have been accepted effective upon the
dissolution of the EDC; and
WHEREAS, upon the filing of the Articles of Dissolution with
the Secretary of State and the issuance of a Certificate of
Dissolution, the EDC will be dissolved and cease to exist and the
title to all the funds and properties of the EDC will pass to the
City, in accordance with Section 36 of the Development Corporation
Act of 1979, Article 5190.6, Vern. Tex. Civ. Stat.; and
WHEREAS, the City wishes to assume all the outstanding
obligations of the EDC and to make provision for the payment and
discharge of all the EDC's debts, liabilities, and obligations,
including the assumption of the contract between the EDC and the
Denton Chamber of Commerce for economic development services.
WITNESSETH:
SECTION I
That the City hereby assumes all the terms, conditions, and
obligations of that certain contract dated the 26th day of July,
1996 between the EDC and the Denton Chamber of Commerce ('Chamber")
• for economic development services as set forth herein, and shall be
entitled to all the benefits and hereby assumes all the obligations
of said contract.
SECTION II
That the ChaRber shall, from the date of execution of this
• Contract, provide all services under that Contract directly to the •
City through its City Manager cr his designee.
SECTION III
That the City Manager, or his designee, the Director of
Economic Development, shall be in charge of administering the
contract and keeping the Council Informed of the Chamber's
performance under that Contract.
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SECTION IV
That within ten (lo) days of their receipt of this docu!',ient,
the Chamber and the Economic Development Corporation of Denton,
Inc. will have their duly authorized officials execute an accep-
tan-e of this assumption of all the terms, conditions, and
obligations under the Contract.
Executed this the day of 1997.
CITY OF DENTON, TEXAS
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Accepted by the Denton Chamber of Commerce by the undersigned
duly authorized official on the day of 1997.
0 BY:
Title:
s
Accepted by the Economic Development Corporation of Denton,
Inc. by the undersigned duly authorized official on the ti
• day of 1997. M i
BY: Harry Hall
Title: President
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ATTEST:
ED SMITH, SECRETARY
BY:
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Agenda Item &iZ
Date.---
RESOLUTION NO.
A RESOLUTION ACCEPTING THE RESIGNATION OF THE BOARD OF DIRECTORS OF
THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC.; EXPRESSING
APPRECIATION FOR THESE DIRF.CIJRS' SERVICEI AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 18, 1997, at a special election called by
the City Council, the voters of the City of Denton overwhelmingly
rejected a proposition that would have approved the adoption of an
additional one half of one percent sales and use tax within the
city to be used for the promotion and development of new and
expanded business enterprises under Section 4A of the Development
Corporation Act of 1979, Article 5190.6 of Vernons Tex. Civ. Stat.
Ann.; and
WHEREAS, on January 21, 1997 the Board of Directors of the
Economic Development Corporation of Denton, Inc. ("EDC"), Harry
Hall, President, Carl Anderson, Vice President, Troy LaGrone,
Treasurer, Ed Smith, Secretary, and Richard Hayes submitted their
resignation as members of the Board of Directors; and
WHEREAS, the City Council desires to accept the resignation of
the Board of Directors of the EOC and to express its sincere
appreciation for their service in this capacityl NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES%
SECTION I. That the resignation of the Board of Directors of
the EDC is hereby accepted, such acceptance to be effective when
the Secretary of State has isaued a Certificate of Dissolution for
the EDC or when all actions by the EDC necessary to dissolve the
EDC have been completed, which ever event first occurs.
SECTION II. That the City Council expresses its sincere
appreciation for the public service rendered by the members of the
Board of Directors, Harry Hall, Carl Anderson, Troy LaGrone, Ed
Smith, and Richard Hayes, and directs the City Manager to provide
each of the Directors with a true and correct copy of this
resolution.
} SECTION III. That this resolution shall become effective a
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1497. •
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
x'r HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda NO-Jz.x_:~-
Agenda Ite
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CITY of DEMON, TEXAS MUNIOPAL BOLDING ~ 215 E MCKINNEYo DENTON, TEXAS 76201
(817) 566.8200 DFW METRO 434.2529
MEMORANDUM
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DATE: January 23, 1997
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TO: Honorable Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance a
SUBJECT: COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
The Audit Committee will meet at 3:00 p.m. on Tuesday, January 28, 1997, to receive the
report from the external auditors on the Comprehensive Annual Financial Report (CAFR) for
the year ending September 30, 1996. The committee will then forward the report to the City
Council. Staff will distribute the CAFR, Auditors Management Letter and Single Audit to City i;
Council Tuesday evening for the presentation. : y
Please let me know if you have any questions.
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• NOT91 The above documents have been microfilmed separately, • •
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Agenda No._1L.f1Gr~---
Agenda Item
Date
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C177OfDffiff ,TEXAS MUNICIPAL BUILDING 2f5EMcKINNEY DENTON, TEXAS 76201
(817) 566+8200 DFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
9
DATE: January 24, 1997
SUBJECT: RECEIVE CITY COUNCIL DIRECTION ON 1997-98 BUDGET PRIORITIES
QUESTIONNAIRE
s
s'
RECOMMENDATION:
Not applicable at this time.
SUMMARY:
Please review the attached list of possible service areas to be Included In the 1997-98 Budget Priority
Questionnaire, and be prepared to make any suggestions, additions or deletions on January 28, 1997.
The Budget Priority Questionnaire will be distributed to City Council on January 31, 1997 and will be
due back to the budget office by February 7, 1997. We plan to review the results with City Council on
February 25, 1997.
BACKGROUND:
The attachment includes all items listed on 199697 Budget Priorities Questionnaire.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Not applicable at this time,
4 FISCAL IMPACT!
Not applicable at this time. w rY
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City Council Report t "
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Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED: r, %
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Ted Benavides
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Prepared by: City Manager,
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Executive Director of Finance
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PRIORITY QUESTIONNAIRE SERVICE AREAS
Public Safety Type Services
Police Patrol
Crime Investigation
Drug Abuse/Enforcement Programs
Community Oriented Policing (COPS)
Parking/Traffic Enforcement
Fire Prevention
Emergency Medical (Ambulance)
Fire Suppression
Emergency Preparedness (Management)
Environmental Health (Inspections, Etc.)
Animal Control
Municipal Court
Juvenile Justice System
Children Oriented Safety Programs
Auto Theft Prevention Programs
Public Works Type Services
Street Maintenance/Repair
Street Construction/Rebuilding
Street Sweeping
Traffic Signal ization/Engincefing
Airport Development
Community Development Type Services
A Public Transportation (SPAN, Etc.)
Neighborhood Services (NICE, Etc.) r
Downtown Redevelopment (Main St., Etc.)
Low & Moderate Income Hou!ing
Long Range Comprehensive Planning
Development Review Process
City Beautification
(Parks, Facilities, Medians)
Code Enforcement
Demolitions of Substandard Bldg.
Sign Violations
High Weeds/Debris Violation
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1997- 1998 ;
Priority Questionnaire Service Areas
Page 2
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Community Development Type Services (continued)
Building Inspection
Historical District Preservation
Internal Type Services
Legal Services
Info/Data Processing Services
Risk Management
Internal Audit Services
Personnel Recruitment
Employee Training/Development
Workforce Diversity
Parks and Leisure/Library Type Services
New Parks/Park Expansion
(In Neighborhood, Community)
Park Maintenance
(Athletic Fields, Medians, Mowing)
New Athletic Fields
Bicycle/Hiking Trail Development
Greenbelt System Planning/D.velopment
Recreation Center Programs
Senior Citizen Programs
Youth Recreation Programs
New Athletic Programs
Civic Center Maintenance
i Library Programs (In General)
Library Expansion f,
Library Youth/Children's Programs i
Library Reference Services E..
Library Audio/Visual Services r
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1997- 1998
Priority Questionnaire Service Areas
Page 3
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Utility Type Services
Landfill sR >
Solid Waste Collection
Storm Drainage Improvements
Wastewater Treatment Plant
Water Storage/Reserves
i Litter Programs
Recycling Efforts
Electric Service
Telecommunications System
Infitl Policy Development yy
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Other Servicesllsues w~.
Contributions To Human Services Agencies ,
Current Hotel/Motel Tax Contributions
l Employee Pay Plan Adjustments/Benefits
Economic Development
Incentives for Development
(Tax Abatement, Etc.)
Utility Incentive Rates
Utility Incentive Lines
f'jr `yr
Develop University Relations ',r!1
for Cohesive Community Policies x
Workforce Training Partnership with
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Universities and D.I.S.D.
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Agenda No. 97 DOS'
Agenda Item
Date
CITY COUNCIL. REPORT
TO: Mayor and Members of City Council
FROM: Ted Benavides, City Manager
DATE: January 21, 1997
SUBJECT: Receive a report, hold a discussion and give direction to staff with regard to the
proposed annexation of a 286 acre tract located north of Brush Creek Road and
east of HWY 377. (A-75)
RECOMMENDATION:
Staff recommends approval
SUMMARY•
Realty Capital Corporation proposes to develop approx. 305 acres located north of Brush Creek
Road and east of HWY 377 to accommodate a single family large lot subdivision. The site is
shown on site map included in attachment NI. Part of this tract ubutting HWY 377 is located in
the City limits of Denton. Planning and Zoning Commission approved a preliminary plat on .
December 11, 1996, showing 142 single family iu,s and 2 nonresidential lots. (Attachment #2)
In accordance with the annexation policy, (Section 34.35 of the Subdivision and Land
Development regulations) the City will "assess on case by case basis the annexation of cress in
the extraterritorial jurisdiction (ETJ) when significant developments are proposed". Staff
conducted an annexation study of the proposed development in accordance with the policy
guidelines. The study and a fiscal impact calculation is included in attachment 43.
A summary of the pros and cons of the proposed annexation is included in attachment 04. A
schedule for public hearings consistent with the requirements of State law is included in
attachment #4.
•
r BACKGROUND: r `
Realty Capital Corporation is in the process of purchasing the subject property for the purpose of
developing a 142 lot single family estate type subdivision, Planning and Zoning Commission
approved a preliminary plat for this development on December 11, 1996.
• •
' PROGRAMS DEPARTMENTS OR GROUPS AFFFCTED•
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All city service departments including Police, Fire and EMS, Engineering, Utilities, Solid Waste, r
Parks and Recreation, Library, Planning and Development, Animal Control and Environmental
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Health.
FISCAL IMPACT:
The developer will be required to address the infrastructure needs on this site at the time of
platting to include water, wastewater, drainage, access and perimeter street improvements
including sidewalks. As this tract is developed in the future, the revenue benefits will exceed
costs for municipal services. A fiscal impact calculation for a ten year period 1999-2008
( assuming that development occurs as planned) shows that the City will collect a total of
$1,310,432 in tax revenues and expend $930,701 for municipal services with a net gain of
$379,731. (See attachment #3, enclosure # 1)
RESPECTFULLY SUBMITTED:
ed Benavides
' City Manager
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Prepared by:
N.
Harry N. saud, MRTPI, AICP
Senior Planner
Ap oved b
Ric MIA
Deputy City Manager
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ATTACHMENTS:
x
(1) Site map
(2) Preliminary plat 1
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(3) Annexation study
(4) Pros and cons of the proposed annexation
(5) Annexation Schedule
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PROPOSED ANNEXATION A•75
~ ATTACHMENT 2
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• The Hills of Argyle
A IAZ LOT S,NCLE rAMrLY -j . ,
DETATCHED DEVELOPMENT ON B 17.Lj(=C E +
301.07 ACRES IN THE 7. SEVERE SURVEY A-1161- r Iw• . •r *T, SUR&I
DENTON. DEMON COUNTY, TCSA3 Dw"
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1•'rR`I PRELIMINARY PLAT •r"' r.vr •.n wL
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ATTACHMENT #3
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ANNEXATION STUDY f~ 751
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Name and address Masterex Property'rexas Ltd., 15851 Dallat P.ky, Ste.1120, Dallas
of Owner: Texas 75248,
Name and address
of deveiuptr: Realty Capital Corporation, 210 Park Boulevard, Suite 100,
Grapevine, Texas 76051.
Location and size: Approx. 286 acres located in Denton's extraterritorial jurisdiction
(ETJ) North of Brush Creek Road and East of HWY 377 in the J.
Severe Survey Abstract A-1164 and shown on attached site map.
Existing Land Use: Vacant
Surrounding land use: East - Vacant; ETJ
West - Existing single family housing, ET7
North - Vacant; ETJ
South - Vacant; ETJ
Proposed development: Single family estate type development is proposed. The Planning
and Zoning Commission approved a preliminary plat of "the Hills
of Argyle" on December 11, 1996. The plat shows two non
residential lots along HWY 377 and 142 single family lots varying
in size between one and four acres.
Analysis:
The Subdivision and Land Development regulations require staff to conduct an annexation study
when single family developments of over five lots are proposed in the ETJ and for City Council
• to make a determination as to whether the City should proceed with annexation. This analysis
follows the guidelines as set out in Section 34-35 (c ) 1-5 of the code of ordinances. j
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(1) The ability of the City to fumish normal city services equal to other comparable areas
inside the city limits. Water and sewer system capabilities are considered, but lines for
individual areas are normally not the City's financial responsibility. ti•
• • •
' When development occurs in this area, the City will provide the following services at the
same level of service as are currently furnished to comparable areas within the City.
A. Police services.
Attachment # 3, page l
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B. Fire and EMS services.
C. Water and waste water services in accordance with section 34.18 of the code of
ordinances. It is the developer's responsibility to extend water and wastewater
lines to serve the proposed development.
D. Solid waste collection.
E. Maintenance of streets and roads: Developer will construct streets in accordance
City specifications to serve the proposed development.
F. Environmental health and code enforcement.
0. Planning and development.
11. Organized recreation and athletic programs.
1. Miscellaneous street names and signs: Developer will furnish street signs initially
to serve the proposed development.
Use of publicly owned facilities: libraries etc.
J. Capital Improvement Program.
(2) The reliability, capacity and future public cost, if any, of current and planned provisions
for community facilities such as roads, drainage, utilities etc. Private facilities wilt be
considered.
City senices to be extended to the tract as development occurs. Additional cost
for providing
services
A. PoIi-e services will be provided using existing resources. Response
time for emergency calls is estimated at 10.16 minutes and 15.23
minutes for non- emergency calls. $0.00
B. Fire ar i EMS services wi6 be provided using existing resources.
Site is to v serviced `-rom Station #6 and Station #3. Average
response I he is e~5mated at 7 - 8 minutes. $0,00
C. Water,md sewer services: The Developer will install 8" and 6"
water lines to serve the proposed development in accordance with City
of Denton ! peci fi cations. Water will be supplied by the City of
i Denton through the Argyle Water Supply Corporation. The developer
will provide sewer service through private onsite disposal systems.
$0.00 ;
D. The City will extend solid waste collection to this site using existing
° equipment and personnel. $0.00
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E. Maintenance of streets and roads. The developer will be required
to construct streets to serve the proposed development in accordance
with City of Denton specifications. Minimal cost for maintenance
of streets is anticipated in the first 10 years. US Hwy 377 is
maintained by the State and Brush Creek Road is maintained by the
County. The developer will be required to construct 24 feet wide road
improvement to Brush Creek Road in accordance with city
specifications along the entire frontage of the property. $0.00
F. Environmental health and code enforcement will be provided using
existing resources. $0.00
G. Planning and development services will be provided using existing
resources. $0.00
H. Organized recreation and athletic programs will be provided using
existing resources. $0.00
1. Miscellaneous services including the use of publicly owned facilities. $0.00
J. Capital improvement program. The C1P plan will include this area
upon annexation. $0.00 J
Total additional costs $0.00
3) The need and quality of land use and building controls. Private controls will be
considered.
Upon annexation zoning, land use development and building controls will be initiated in
accordance with the policies of the Denton Development Plan and other development
standards as required by the code of ordinances.
(4) Impact on City, both current and long range, including at a minimum
•
(a) Fiscal cost and benefits:, `
The developer will be required to address the infrastructure needs on this site at
the time of platting to include water, wastewater, drainage, access and perimeter
street improvements including sidewalks. As this tract is developed in the future, i• ,
0 the revenue benefits will exceed costs for municipal services. A fiscal impact ~ ~ •
V calculation for a ten )-car period 1999.2008 ( assuming that development occurs as
planned) shows that the City will collect a total of S 1,310,432 in tax revenues and
expend $930,701 for municipal services with a net gain of $379,731. (See
enclosure 1)
Attachment 0 3, page 3
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(b) Traffic:
The proposed single family development will not create a traffic problem. The
preliminary plat shows one access to HWY 377 and another to Brush Creek Road,
The developer will be required to construct 24 feet wide road improvement to
Prush Creek Road in accordance with city specifications along the entire frontage
of the property.
(c) Roads, utilities and other commanity facilities:
The developer will be required to comply with the Subdivision and Land
Development regulations with regard to the quality, size and type of roads and
utility services.
(d) Safety or health:
The City codes and ordinances including land use zoning, environmental health
and code enforcement services w be applicable to the development of this tract
after annexation.
(e) Building and development quality:
The City codes and ordinances including the uniform building and fire codes will
be applicable to the tract after annexation,
(f) Aesthetic quality:
Single family development is proposed.
(g) Community character:
This issue will be addressed at the time of zoning and platting.
(5) Conformance with or need to ensure conformance with the officially adopted master
plans of the City.
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Upon annexation of this tract zoning and land use development well need to
( conform with the policies of the Denton Development Plan.
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Enclosure #1
FISCAL IMPACT CALCULATION FOR H PROPOSED ANNEXATION OF 296.22
ACRES LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF IM 377.
METHODOLOGY:
The per resident costs of municipal services are computed based on a total City budget
expenditure figure of $33.1 million. The $33.1 million represents only that portion of total
expenditures which are attributable to the provision of city services through the general funds.
The total general fund expenditure includes general debt service and motor pool costs but
excludes utility transfers.
(a) Cost of municipal services per resident:
Impacted general fund expenditures: $33,076562
Expenditures allocated to residential tax payers (72.4%) $23,947,431
Estimated total population of City (1996) 70,450
Municipal costs per resident $339.92
(b) Cost of municipal services per single family home:
Current average household size for single family homes 2.76
Cost of municipal services for the average single family home $938.18
{ c) Assessed value for "break even" in municipal cost/revenue:
Current tax rate per $100 of assessed value .5284
Assessed value of single family home for break even" $177,551
ASSUMPTION&
(a) The calculations are based on an average household size of 2.76
(b) The current tax rate of.5284 per $100 assessed value has been used in calculating the
"break even" in municipal cost/revenue for a single family home.
(c) It is assumed that the site will accommodate 142 single family homes to be phased and
constructed at 20 units per ycar commencing in 1998. The average assessed value is
estimated at 5250,000 per unit. i
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FISCAL IMPACT CALCULATIONS FOR 10 YEARS 1999-2008 EXHIBIT I
REVENUE CALCULATIONS
YEAR _ 1999 2000 2001 2002 2003 20041 2005 2006. 2007 2908 TOTAL
NUMBER OF HOMES 20 40 60 80 100 _ _120 140 142 142 142 142
ASSESSED VALUES 5000000 10000000 15000000 20000000 25000000 30000000 35000000 35500000 35500000 35500000 46500000
CITY TAXESj1)___ ` 28420 52840 79260 105660 132100 158520 184940 167582 187582 187582 1302506
MUNICIPAL COSTS
YEAR _ 1999 2000 2001 2002 2003 2004 2005 2008 2007 2008 TOTAL
O EST. POPULATION 56 _ 111 166 221 276 331 387 39? 392 392 392
MUNICIPAL COSTS( 19036 37731 56427 _ 74782 _ 93818 112514 131849 133249 133248 133219 925602
NE7 GAIN {LOSS) 7384 _ 15109 22833 30898 98262 46008 83391 $43331 64339 64933 378904
Notes:
t i (1)The current tax rate o1.5284 is assumed to be constant through the period 1998-2008
• I (2) A per capita cost of $339.92 multiplied by estimated population as development is phased. Average household size is 2.76
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Attachment #4
PROS AND CONS OF THE PROPOSED ANNEXATION
Pros• 11
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1. Increase in tax revenues.
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2. City limits extend south of this site.
3. Increase demand for growth in the south west corridor.
4. Easter to annex before development occurs.
6. Denton's services will enhance the quality of life.
6. Part of this site Is located in the city limits.
.I
Cons:
1. Higher than average response time for fire and EMS. .
2. Site Is isolated from the developed area. ?
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Attachment #5
AhJUA11 N SCHEDULE. A75 F'. .
January 21, 1997 City Council receives a report and give direction to staff with regard to
the proposed annexation.
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I February 4, 1997 City Council considers approval of a schedule for public hearings.
February 6, 1997 Notice published in Denton Record Chronicle for first public hearing.
Service plan is prepared.
February 18, 1997 City Council holds first public hearing.
February 20, 1997 Notice published in Denton Record Chronicle for second public hearing.
March 4, 1997 City Council holds second public hearing.
March 12, 1997 Planning and Zoning Commission holds a public hearing and considers
making a recommendation to the City Council.
?March 25, 1997 City Council Institutes annexation. First Reading of annexation
ordinance.
March 28, 1997 publication of Annexation ordinance in Denton Record Chronicle.
r'
May 6,1997 Final action by City Council. Second Reading and adoption of the
annexation ordinance. ;
Meetings in bold require four-fifths vote at City Council° }
¢ OMarch 25,1997- Special called meeting.
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Agenda No. f
Agenda Item
Data
DATE: January 28,1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: NASCAR Project Committee
SUMMARY: In October 1996, a community committee was formed to address the
various impacts of the Texas Motor Speedway. The committee was a joint effort of the
City of Denton Economic Development Office, Police Department and the Denton
Convention and Visitor Bureau.
The committee formed two subcommittees to develop strategic plans in the following
areas: marketing, promotion and education, chaired by JoAnn Ballantine and traffic
and transportation, chaired by Jeryl Golden. The master plan of each subcommittee is
attached.
In addition, the committee contracted with Janice Butler of Butler Communications to
provide consultation services. Ms. Butler has extensive experience in marketing race
related events. Her expertise has already proved to be an invaluable resource to the
community.
Sgt. Lloyd Burns of the Police Department Is part of a group of regional law
enforcement officers who have been meeting to address traffic and transoortation
issues. While traffic problems are expected, we really will not know the extent of the
traffic back-ups until we have experienced one event. Sgt. Burns prepared a report on
the fiscal impact on the Police Department for Chief Jez. His information is attached. r
Sgt. Burns will be present at the Council meeting to answer any questions or concerns
regarding traffic issues.
Other exciting AIASCAR news: Miller of Denton has agreed to be the signature sponsor
for a major special event, the First Annual Miller Lite Race Fest. Scheduled for March
29 In the parking lot of Golden Triangle Mall, the event will kick off Raceweek In the
• Metroplex.
r
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Economic Development,
` Police, Denton CVB, area businesses, Denton citizens l
FISCAL IMPACT: City Economic Development Department, Chamber of Commerce c
• Economic Development Department, and the Convention and Visitor Bureau are jointly •
funding the consultant contract. Police Department preliminary fiscal impact analysis
attached. !
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Cky counco Repon
NACAR -
eW=
Prepared by: Respectfully submitted: ,
ane Ted Benavides
opment Officer City Manager
Approved:
Linda Ratliff
Director of Economic Dev opment
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NASCAR Project Committee
Kathleen Behrhorst Jeryi Golden Judy Smith
M Denton Police Dept. Rose Costumes & Vmtage Clothing
P.O. Box 299019-362 601 E. Hickory 521 N. Elm
Lewisville, Tx 75029-9019 Denton, Tx 76201 Denton, Tx 76201
Shirley Cagle Andrea Derneurisse Fred Crossett
Denton Record-Chronicle Chick-FH-A/Golden Triangle Mall Gossett Enterprises '
P.O. Box 369 2201 S. Interstate 35E 600 S. Elm St.
Denton, Tx 76202 Denton, Tx 76205 Denton, Tx 76201
Darin Weyer Jo Ann Ballantine Christine Studdard
Exposition Mills Convention & Visitor Bureau Chamber of Commerce
5800 N. Interstate 35 P.O. Drawer P P.O. Drawer P
Denton, Tx 76207-1440 Denton, Tx 76202 Denton, Tx 76202
Lt, Lloyd Burns Leonard Wendt Sandra Harvey
Denton Police Dept. Jim's Diner K - Double - K
601 E. Hickory 110 Fry Street 2921 Hugo Court
Denton, Tx 76201 Denton, Tx 76201 Flower Mound, Tx 75028
Veronica Rolen Linda Ratliff Russell Williamson
City Manager's Office Office of Economic Development Advantage Rent-A-Car
215 E. McKinney 215 E '.&'cKinney 505 N. Elm Street
Denton, Tx 76201 Denson, Tx 76201 Denton, Tx 76201
Jane Jenkins Jody Hanson Mark Nelaon .n
City of Denton - Main Street Anderson Hanson City of Denton - Airport
221 N. Elm Street 5757 Alpha Tower, Suite 521 5000 Airport Road
Denton, Tx 76201 Dallas, Tx 75240 Denton, Tx 76201
Janice Butler Ken Burdick Dick Fisher
Butler Communications, Inc. P.O. Drawer P I.4dler of Denton
13375 N. Stemmons, Suite 110 Denton, Tx 24211-35 W. North I n"
Dallas, Tx 75234 76202 Denton, Tx 76207 "
Denisha Williams Bill Gillette Julie Glover `r
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• City of Denton/ Main Street 248 S. W. Pkwy, #1414 City of DemonlMain Street
221 N. Elm Lewisville, Tx 221 N. Elm
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Denton, Tx 76201 75067 Denton, Tx 76201
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NASCAR PROJECT COMMITTEE
MASTER PLAN
MARKETING/PROMOTION/ JoAnn Ballantine,
EDUCATION chair
JoAnn Ballantine, Shirley Cagle, Christine Studdard, Jane Jenkins,
Jody Hanson, Jane Jenkins, Andrea Demeurisse, Sandy sub-comm. chair-
Harvey Education
Media
• informing travel professionals, i.e. agents, trade Jody /Janice Jan. 1 Jan. 31
publications etc.
• general press release Jody/Janice Jan. 1 Jan. 31
• official NASCAR directory JoAnn Ballantine done Dec. `96
• print and electronic media Jody /Janice Jan. 1 April 6 1
P.R. Plan Jody
Information Centers Denton CVB
i` • more staffing at VIC March April 6
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• kiosk at GTM Jan. I April 6
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Denton Airport Jan. 1 April 6
• tent at the track (state participation?) Advantage Rental Jan. 1 April 6
Derrick Hartstield
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i NASCAR PROJECT COMMITTEE
MASTER PLAN
Printed bfaterials
• tabloid Shirley C^gle Jan. Mar. 25
This piece will include: usable fun map, restaurants, (publish)
hotels, local and regional attractions, shopping
opportunities, track and special event schedules
• graphics package (special logo) Janice Butler Jan. I Jan. 15 Jan. 15 Will be used on all
publicity and advertising
specialties
• distribution
local Shirley Cagle Jan. April 6 Advantage & Miller will
regional JoAnn Ballantine Jan. April 6 assist
Signage
• business marquees CVB March I April
r d • CVB billboards (3) Robin Myles Jas. April
• Banners and Flags Denisha Williams Feb. 1 April Banters across streets
and around the Square
only.
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NASCAR PROJECT COMMITTEE
MASTER PLAN
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Events
Kickoff at Chamber Breakfast Janice / Christine Dec, '96 Feb. 14 sponsored by T.U.
Present community plan and traffic plan Electric. Program wifl
include: details of Face
Fest, hospitatility,
traffic, marketing, what
to expect four visitors,
economic impact.
First Annual Miller Lite Race Fest at Golden Janice / Julie / Sarah Jan. 15 Mar.29 Outdoor event with
Triangle Mall Texvea, Dick Fisher racing displays,
merchandise, games,
karting races,
entertainment, food, race
cars and vintage cars
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i. NASCAR PROJECT COMMITTEE
MASTER PLAN
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Education
• General Information Packet Andrea Demeurisse Jan. I Feb. 1 11
This packet will include: race and track information,
local tips for coping and marketing, hospitality
opportunities
• Personal contacts Jane Jenkins Jan. 15 Jsr„ 15 Target groups: hotels,
identify strategic businesses Feb/Mar Mar. 21 restaurants, night spots,
schedule visits Feb. 1 April 4 convenience/gas stores,
organize speakers bureau auto parwsupply
• Hospitality Training JoAnn BalIantine Jan. 1
Planning Feb.1 Mar. 28
Training j
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SPECIAL NOTES
•
Non-profit groups will be given the opportunity to operate food concessions at the track.
2
t` Veronica Rolen at the City of Denton has access to volunteers through a program at Texas Woman's University
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k NASCAR PROJECT COMMITTEE
MASTER PLAN
PERSON BEGIN END DATE
p ACTIVITY RESPONSIBLE DATE DATE COMPLETED RESULTS
TRANSPORTATION. Jeryl Golden,
Jeryl Golden, Mark Nelson, Drin Chair
Weyer, Veronica Rolen, Linda
Ratliff
Shuttle Serytcer 1. The City of Denton is
prohibited from providing
L Review FTA guidelines to see if Veronica Rolen September 1996 January 1997 any charter service with
the City could provide shuttle FTA funded equipment as
service from the airport to the long as there is at least one
Raceway. private operator willing
able to provide the
and
2. Con act other race cities with Veronica Rolen September 1996 October 1996 service. Currently, the
City does not have funds
public transportation systems to we
if they provide shuttle service. or equipment available to
provide this service.
3. Other ground transportation Mark Nelson January 1997
Y 2. Sever-l race cities were I'
contacted: Rockingham,
• N.C., Richmond County,
Va., Southern Pines, N.C., '
Charlotte. These cities do`
k not provide shuttle service.
t Transportation, where
provided, is coordinated by
• private vendors. f'
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3. AlrDenton is
investigating possibility of {r
providing ground
transportation tbrough a
(~f private shtntle bus service.
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NASCAR PROJECT COMMITTEE
MASTER PLAN
PERSON BEGIN END DATE
ACTIVITY RESPONSIBLE DATE DATE COMPLETED RESULTS
Renlad Cars Mark Nelson September 1996 December 1996 AirDenton has arranged to
have 10 - 15 rental cars
available during race
weekends.
Helicopter Shut* 1. Approximately 7 airport
managers and FSO's were
1. Contact other airports to Mark Nelson September 1996 October 1996 contacted. No public
determine level of service provided. transportation was
provided but in many cases
private shuttle service was
provided by an FBO.
Rental cars were available
at most locations,
2. A charter service based
at Dallas Love Field has
tentatively agreed to t_
reserve 2 trips for
passengers at Denton's
airport. The air craft seats
t 34 passengers. Cast is
$200 per person or $50 per
passenger.
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NASCAR PROJECT COMMITTEE
k MASTER PLAN
i PERSON BEGIN END DATE
ACTIVITY RESPONSIBLE DATE DATE COMPLETED RESULTS
Traffic Manateme 1,t Issues Lloyd Burns June 1996 1. Denton PD will provide
additional personnel
L Staffing (civilian and sworn) for
race day activities.
2. Traffic Control
2. Denton PD will increase
patrol on 35E, 35E North,
35W, US 377, FM 1830
and US 380 East and West
during race weekends.
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10 a.m. - 6 p.m. ,
Golden Triangle Mall • .
Denton Texas
Racing Displays, Merchandise & Games
Karting Races
Entertainment & Food
Race Cars & Vintage Cars
• For more information c~11: ! •
Julie at 817-566-8529
4 6 0 0 6 4 4 0 4 4 0 41 41 0
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PRELIMINARY
BUDGET ITEMS FOR RACE TRACK APRIL 3, 4, 5, & 6, 1997
Submitted 11-22-96 by Sgt. Loyd Bums
Thur Apr 3--3 additional officers evening shift........ ....24 hrs X *$26 hr 3624.00
Fri Apr 4--2 additional officers evening shift ..................16 X 26.................416.00
Sat Apr 5--10 additional officers (modified day & eve) ...,.,,.80 X 26.......•• ......2080.00
event supervisor during entire day ..............16 X 31................496.00
1 additional jailer ............................•.....,10 X 13.................130.00
1 additional dispatcher .............................16 X 18.... ............288.00
*01 additional arraignment by judge ....................................106.00
6 Reserves (3 two-man cars)
i
Sun Apr 6--13 additional officers (modified day & eve),_ .104 X 26 ..............2704.00
1 event supervisor during entire day 16 X 31 ................496.00
additional jailer ........10 X 13...............130.00
1 additional dispatcher . ..............16 X 18 ................288.00
additional duty officer ........................16 X 13 ................208.00
I additional arraignment by judge ...................................106.00
6 Reserves (3 two-man cars)
These officers will be responsible for traffic related problems on Ill 35, IH 35E, IH 35W,
US 377, and US 380W. All personnel listed above will be in additional to the full
complement of officers, jailers, dispatchers, and judge normally scheduled.
Courtesy Patrol-- I additional officer Sat & Sun 10 firs ea day...20 X 26 ................520.00
This officer will assist motorists with minor vehicle repairs or wrecker services, ,
This position is non-essential--could be staffed by Parks or Equipment Services.
Portable sign rental--2 ea delivered and picked up for use on 1H 35E Sat & Sun.S1280.00
Flares 100 ea.. .........................................•..........................176.00
Cones 100 ea ..............376.00
• Reflective Traffic Vests. . .....300.00
Cellular phone 7 `
Personnel costs $8380.00 (does not include cost of additional judge)
Equipment costs 2132.00 _
• average hourly overtime rates
• * provided on P. D, request as needed--per Judge Ramsey
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Agenda No. 7 - Jr
Agenda Item _
Oata~ o?~- % 7
CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307
Ofte of the City Manager ,
MEMORANDUM
1 i
TO: Ted Benavides, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: January 22, 1997
SUBJECT: Scott Street
As Council is aware, we have had two neighborhood meetings on Scott Street. I have attached previous
irforroation that Jerry Clark or I have provided to the Council on those meetings. Staff has made further
! reviews of the two options and would recommend the western option and the connection at Newton
Street. If the Council chooses to move ahead with this project, we think this connection would make it
rr little bit easier to control traffic and woulu give Scott Street, and the surrounding neighborhoods, a
direct route to Tomas Rivera Elementary School and the MIX Center which we believe would be major
destination points.
t
If the Council decides not to build Scott Street, then staff would recommend that the construction money
and the right-of-way money ($133,000) be used for other projects In this neighborhood or area of the
city. Staff is aware of a number of options that the Council might want to consider. Included in those
are improving the drainage structures at Lakey and Skinner. This would work particularly well since the
Council is considering major drainage improvements to Robertson Street which is just up stream from
these two crossings. These two crossings v :re major concerns in recent community development block
grant project hearings held at MLK. A second type of project would be either a linear park and/or
walkways for the Scott Street neighborhood. Those paniculu kinds of improvements were mentioned
at the two neighborhood meetings that were held in conjunction with Scott Seat.
` If the Council wishes to consider any of these altentativ: projects, staff would be able to develop
4 • estimates for them in a short period of time. We would be able to return with those options at the
Council's convenience, if they so desire. If the Council has other questions, or needs further information, `
3 please contact me.
i _
Rick Svehla r r
Deputy City Manager
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xc: Mayor and Members of the City Council /
'Dedicated to Qwaufy Service"
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MEMO
To: Ted Benavides, City Manager
From: Jerry Clark, P.I
Subject: Scott Street Me trg 12-5-96
Date: December 6, 1996
There were 17 attendees of meeting. I have enclosed the sign in sheet which also lists the ballot
tabulation from the vote taken at the end of the meeting. After a short briefing by me on the
purpose of the meeting and some basic technical facts, the floor was opened for discussion.
Councilperson Young summarized the need for the project including better emergency access,
access to the school for the children, and a better quality of life in the subdivision.
Fran Morgan and Willie Sellers described in detail the concerns they had like opening up the road
which will probably function like a short cut. They felt the safety of children would be the greatest
risk but also mentioned things like noise, speeding and increased traffic, and a negative impact on
the church. They also asked that the elderly residents be protected since they had very few
options. Discussions of whether this road would add value to the area were brought up and who
should decide the issues. Many of the homes in the area are rental properties.
f
Councilperson Young stated that this is a campaign issue that all the residents had talked to him
asking for the extention. He talked about being in the area 3 to 4 times a week after Mr. Sellers
asked that the residents who five there be allowed to give the primary input.
Fran Morgan recommended that the f nal decision be based on what the permanent residents and
not the landlords want. Neighborhood integrity and consistency with new neighborhoods that are
mostly cul-de-sacs should also be considered. The Bolivar sidewalk project was mentioned as
where a neighborhood got a sidewalk project relocated to Carroll as fistening to neighborhood
input.
1
Drainage was raised as the primary concern of most of the residents. They mentioned flooding
• areas like the Kerley culvert and Robertson Bell underpass as major needs. Staff briefed them on
the status of the two projects. Both are in the CIP with Kerley about to be bid, receive around
January 16, 1997, and Bell-Robertson going to a City Council workshop in early January 1997 for
a funding decision. Staff also showed how inlets could be added if the money was used for
drainage in conjunction with the channel and culvert improvements on Kerley.
• Louis Simpson discussed whether this project would leave enough property for his church to
develop on. Staff showed how about 400' x 200' would be left if the eastern option was selected. •
The other option would not affect the church. Councilperson Young discussed how the church
was for the eastern option including the minister. J
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Page 2 c~4°rC
Decem 6, 1996
Several people asked why this project was originated. Staff described that Councilperson Young
had asked that the project be placed in this years operating budget.
Mr. Ebron talked about traffic going too fast and the safety of the children He and otk! felt that
r,
the money should be spent on drainage problems first. Ms. Hardin asked that the children be
protected from the cut through traffic that would come.
Chief Jez then discussed crime statistics. He also asked that the neighborhood work together to
solve the crime issues like the Fred Moore Park area had so successfully done. He stated that the
Fire Department response for fires and ambulances would improve up to I minute but the Police
response depended on where the car was coming from. He stated the crime problem could be
solved with or without the road.
The final issue was one the width of the roads. Staff discussed how the existing part of Scott is a
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residential street and has one sharp curve. The width of the new street was discussed as an issue
i.
when can are puked on both sides r.'
since only 'a!o^g the
one will be open in the middle
one law
existing street. The meeting was adjourned after several issues were restated in a final summary by `
several speakers. Staff thanked everyone for conuog to this second public form and stated that
the details of this taming would be forwarded to City Council in January if they desired to take N`
action then. Residents expressed a desire to attend and participate in that meeting. SJ
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01TYOF DENTON? TEXAS MUNICIPAL BUILDING • DEN70N, TEXAS 76201 • TELEPHONE (817) 566.8307
Orrice of fhe City Manager
MEMORANDUM
TO: Ted Benavides, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: October 24, 1996
SUBJECT: Report on Scott Street Meeting at MLK
Thursday evening, we met with a number of citizens at MLK to discuss Scott Street. Twenty-
four people signed in which included Council Members Beasley. Brock, Cott and Young.
We started the discussion asking for input for people who wanted Scott or who did not
want Scott Street.
Sev^ral of the attendees spoke against building Scott Street through to Morse. Mr. Willie
sellers, 930 Scott S.; Mrs. Harder, 1212 McDonald; and Mr. John Catlin, 1228 McDonald I
spoke against the street extension. Their main concerns were additional traffic, an l minor
concerns were safety of children, bash, width and peace tod quiet. Council Member Young
spoke in favor stating the need for access would help the delivery of emergency services, better
access, and fuel savings. There was also talk of substituting a sidewalk and playground
equipment instead of building the street.
Afecr about thirty minutes of discussion, a vote was taken. Two of those present were in favor,
three were against, and six were undecided. There were also several members of St.
Emmanuel's Baptist Church present. They came strictly to find out information as to whether
the road was going to be built and then which alignment was going to be used. They felt it was ti
not appropriate for them to discuss whether the road should be built of not since they came to
gain information. If the road is built, they would like to address which alignment they favored.
Since the vote was so inconclusive, there was a lot of discussion about talking to the
V • neighborhood which would include Scott Street, Reed Street, and McDonald Street. There was
5 j
'Ocdkaud to Quality Servke" 5 {4
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October 24, 1996
Page 2
also debate on whether owners or renters should be consulted. The Council has several options
that range from building a connection, to not building or substituting other projects. Please
advise us so we can take appropriate action.
i`
Rick Svehla
Deputy City Manager
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AMMW8D9
cc; Mayor and Members of the City Council
Jerry Clark, Director for Engineering/Transportation
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Agenda Item
. Data
CITY OF DENTON, TEXAS MUNICIPAL BU1LDWO • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307
Office of the City Manager
MEMORANDUM
TO: Ted Benavides, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: January 22, 1997
SUBJECT: Additional Information or, Robertson Street
Last week the Council asked for additional information on the Robertson Street underpass.
Council Member Young and other council members were particularly concerned about fire
response and safety for that particular area of town. L have attached our original briefing
materials as well as Chief Chadwick's first response to Engineering's inquiries about vehicle
clearance. 1 have also included a second memo from Chief Chadwick to provide a little bit more
information about the response order of the Fire Department and other options that they might
use.
Staff has also done more research on the use of a shorter crown span to facilitate the existing
clearance at the Robertson Street underpass, and the carrying capacity of such a structure. At
this time, we are finalizing those numbers with our consultant. Part of our problem arises from
the fact that we believe that we cannot order the crown spans in one-half foot sections. Our first
choice would have been to use S th foot high sections and as we now understand the information,
those are not made. However, in our efforts to continue to look at other alternatives, we may
have found a way to use the seven foot crown spans and do additional work downstream in the
channel to allow the whole structure to be lowered. This would be the preferred option of the
staff. We will not be able to finish those design calculations and gather all the appropriate
information by the time the agenda materials will be delivered on Friday evening. However,
we believe that by Tuesday evening we will be able to provide much more detailed information
for the Council, and we would propose to do so.
The staff is still committed to finding a way to eliminate all the water in this intersection. Not e O
only would a flooding situation still remain for the general public, but Chief Chadwick has
expressed serious concerns about sending engines through this area if substantial flooding still
remains. We believe significant flooding would occur given the information that we have now.
"Dedicated to Quality Service"
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Memo to Mayor and Members of the City Council
January 22, 1997
Page 2
If we are able to fetish our research earlier than Tuesday night, we would propose delivering
that information to the Council then. If not, we will provide all of our findings at Tuesday
night's meeting. ►I any of the Council has further questions, I would be happy to try and
respond to them in the interim.
Rick Svehla s '
Deputy City Manag?r ,
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Agenda No._ 97
. Agenda Item
Date ~ ~
CITYOF DENTON, TEXAS MUNICIPAL BUILDING • DENTON TEXAS 76201 • TELEPHONE (617) 566.8307
Office of the CO Manager
MEMORANDUM
TO: Ted Benavides, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: January 9, 1997
SUBJECT: Briefing on Robertson Street: Options and Costs
In this memo we will try to review the following topics with Council: (1) The options for the
drainage structure; (2) The cost of each option; (3) The funding options; (1) Recommendations.
CURRENT STATUS
0 Project approved in the C.I.P. as the Robertson Street DrainagelDownlown
Drainage Study.
Cost $260,900 ($200,000 Robertson Street - $60,000 Drainage Study)
• Consultant Hired
Binkley and Barfield $29,600, Fred Balster, Principal
PRELIMINARY DESIGI
Mr. Balster looked at two compo;ienls: (1) piping water around and under the railroad overpass;
• (2) piping the water under Bell Avenue and the railroad crossing. Three types of options were
looked at. The first was an open channel, the second was a box culvert, and third was a crown
span. Fach option has disadvantages. The open channel would eliminate Rrbertson Street and
the vehicular crossing of the railroad in the Robertson Street area. The bda culvert would have
no impact on the vehicular traffic or change the height capacity of die railroad underpass.
However, it would only carry about a third of the water of a hundred year storm. The crown _ j
• span design plus the existing pipes carry almost all of the water. However, it would restrict the 0
height Capacity of the underpass to 10 1/2 feet.
The reason an option to cross the railroad and Bell was looked at was because of Utilities' desire
to lay a large water main along and under the Robertson Street overpass as well as Bell
3
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Robertson Street Memo
January 9, 1997
Page 2
Avenue this year. Their options were either to bore under Bell Avenue or to open cut Bell
Avenue. If Bell Avenue was open cut, Utilities can save somewhere in the range Cr $lW'000.
If Bell Avenue is open cut, we think the ultimate drainage facility and the water line should be
built at the same time. If the Council chooses to open cut Dell Avenue, then any of the three
scenarios could be built. Staff would recommend that the section under Bell Avenue be a crown
span. Crown spans are already fabricated and preformed and could be installed the quickest.
COSTS
The staff had Mr. Balstater estimate each of the options for building the Bell Avenue crossing
as well as railroad drainage improvements. The cost of the channel option is $285,000. The
cost of the box culvert is $350,000. The cost of the crown span section is estimated to be
$500,000. As mentioned previously, the bond issue provides $200,000 for the drainage
structure. However, there is also an additional $100,000 of Good Samaritan funding that is
available since the developer and staff were able to make or propose improvements needed on
the Good Samaritan Project without using this money. In addition to that, the Utilities have
available approximately $200,000 that coL;i be used to fund the drainage improvements. Part
of that comes from the savings of not having to bore BeEI Avenue and rest is from bond funds
that are available. Finally, in the sixth (unfunded) year of the existing C.I,P., there is an
additional $200,000 for channel improvements at Robertson, ie. the Bell Avenue crossing.
RECOMMENDATIONS
The staff reviewed all of this information and recommended the following to the Oversight
Committee.
• That a drainage structure be built across Bell Avenue and the railroad as one
project.
• That the crown span section be used in conjunction with the existing pipes to
carry almost all the water in a hundred year storm.
(Requiring the height capacity of the railroad overpass to reduced to 10 112 feet.)
• That we use the $200,000 of available furding from the Robertson Street
Drainage Project plus $100,000 from the Good Samaritan Drainage Project and I V
a loan of approximately $200,000 from the Utility Department to fund the 11
• project.
• •
• Refund the $100,000 from the Utility Department with the $200,000 in the sixth
year of the C.I.P. (This would require some kind of funding agreement from the
General Fugd to the Utility Funds that is approved by Council.)
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Robertson Street Memo
January 9, 1997
Page 3 "
The Oversight Committee considered this recommendation at tMir November 19, 1 mettin+S.
They agreed with staff on the total crossing and using the crown span. However, the Oversight
Committee thought it was important to provide the Council with more flexibility on die
repayment and suggested that the loan be reimbursed from debt service to be determined by the
council. The committee's thought was that bond funds, one time funding, or other options ; .
should be explored by Council in the future and Council should have the prerogadvc to decide
which is the most prudent.
CONCLUSION ~i
Staff and the Oversight Committee are recommending the crown span to be designed and let for Y
bid in March or April of this year. We would recommend using the existing funding plus the
extra funding from the Good Skmaritan Project as well as Utility money to build the structure. w
Finally, the Council would continue to review its refunding options from all sources as time goes
on.
If you or the Council has any further questions, I would be happy to try to answer them at yo v
convenience.
Rick Svehla
Deputy City Manager
RS:ct i
AMMOOM
Attachments
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B1nkley & Bonfield, Inc., Consulting Engirmra
12860 Htllczed Road, suits 277 O Dallas, Texas 78230 7.
(972) 788.2111 Fax (972)788.2193
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October 29, 1996
Re: B131 Job i 66700
BBI File 1 19000 z
RobertsoruSell Culvert
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Mr. Jcny Clark, P.E.
221 N. Elm
City Hali West
` Denton, Texas 76201
Dear Mr. Clark:
I am enclosing a copy of the preliminary cost estimate for the RobensoNBell
Culvert. The estimate includes the project cost for three (3) different options.
If you have any questions or if we can be of further assistance, please call us
at (972) 788.2111.' .
Sincerely,
BINKLEY do BARFIELD, INC.
Consulting EngineeA
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t r 1, ♦
Fred Balster, P.E.
a ~ y
Engineer-Manager t
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Houston and Dallas
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ROBERTSON/BELL CULVERT ~ -
PRELIMINARY ESTIMATES
OPTION 1 •6'x6' CULVERT
ITEM QUANTITY UNITS PRICE TOTAL
REMOVE & REPLACE PAVEMENT 935 SY $25,00 $23,375.00
RELOCATE 8" WATER MAIN 345 LF $40.00 $13,800.00
RELOCATE 10" SANITARY SEWER 75 LF $80.00 $6,000.00
MANHOLE 2 EA $2,500.00 $5,000.00
EXCAVATION 2500 CY $3.00 $7,500.00
CONCRETE CULVERT 645 CY $350.00, $225,750.00
CONCRETE CHANNEL LINING 450 SY s:..00 $15,750.00
CONTINGENCY (15%) 1 LS $44,576.25 $44,576.25
TOTAL $341,751.25
OPTION 2 • CROWN SPAN UNIT
ITEM QUANTITY UNITS PRICE TOTAL
REMOVE & REPLACE PAVEMENT 1600 SY $25.00 0000.00
RELOCATE 8" WATER MAIN 345 LF $40.00 $13,800.00
RELOCAI E 10" RANI i ARY SEWER 75 LF $80.00 56,000.00
MANHOLE 2 EA $2,500.00 $5,000.00
EXCAVATION 4600 CY $3.00 $13,800.00
CONCRETE CROWN SPAN 550 CY $350.00 $192,500.00
CONCRETE BRIDGE 60 CY $350.00 S21.000.CO
CROWN SPAN FOOTING 290 CY $350.00 $70,000.00
INSTALLATION 260 LF $40.00 510,400.00
CONCRETE CHANNEL LINING 1730 SY $35.00 $60,550.00
CONTINGENCY (15%) 1 LS $64,957.50 $64,957.50
TOTAL $498,007.50
OPTION 3 - CONCRETE CHANNEL
ITEM QUANTITY UNITS PRICE TOTAL
RELOCATE 8" WATER MAIN 345 LF 0.00 $13,800.00
RELOCATE 10" SANITARY SEWER 75 LF 580.00 $6,000.00
MANHOLE 2 EA $2,500.00 $5,000.00 f
4 EXCAVATION 4600 CY $3.00 $13,800.00
CONCRETE CHANNEL LINING 1950 SY $35.00 $68,250.00 _
BRIDGE 3150 SF 545.00 $141,750.00
CONTINGENCY (15%) 1 LS $37,290.00 $37,290.00
' TOTAL 285,890.00
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DRAFT
1996 OVERSIGHT COMMITTEE MINUTES
November 19, 1996, 11:30 a.m.
The committee convened at 11:30 a.m. on Tuesday, November 19, 1996, in the Civil
Defense Room of City Hall. Lunch was served at the beginning of the meeting.
Present: Joe Mulroy, Roni Beasley, Margaret Smith, Brent Thornton, Jesse Coffey,
Jerry Clark, Ed Hodney, Rick Svehla, Kathy DuBose, and Kathy Brooks.
A. MINUTES
11 Committee Meeting
Minutes were discussed, and no corrections were noted.
S. ITEMS FOR CONSIDERATION
1! 11119!96 Miscellaneous Drainage
Jim Christel bridge rebuild and funding solutions
Rick Svehle overviewed the options.
21 11119/96 Pecan Creek Drainage near Robertson Street
Review alternatives for drainage solution and receive
staff recommendation
Rick Svehle overviewed the options. ,
3) 11/19196 Entrance Markers
Receive a report and staff recommendation for
• contract of design and bid documents
Rick Svehla and Ed Hodney discussed the plans.
41 11119i96 Other Projects
• Loop 288 R•O-W L'
Rick Svehle discussed future plans.
f I ~ f ,,f
5! 11/19/96 Economic Development
Rick Svehle lead the discussion on this topic.
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1996 Oversight Committee
Minutes for November 19, 1998
Page 2
B. ACTION ITEMS
1) 11/19/96 Miscellaneous Drainage (Jim Christal Bridge)
Staff recommendations were approved 6-0.
2) 11/19/96 Pecan Creek Drainage (Near Robertson Street)
F Staff recommendations were approved 6-0 with the
stipulation that the funding now be reimbursed from
future debt service as determined by the City
Council.
3) 11/19/96 Entrance Markers
Staff recommendations were approved 6-0.
4) 11119/96 Other Projects (Loop 288 R-O-W)
No action was taken.
C. FUTURE MEETINOS
1) January 13, 1997 Changed from January 6.
2) March 31, 1997
3) June 30, 1997
4) September 29, 1997
•
D. OTHER BUSINESS
5 c
i Meeting was adjourned.
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DENT'ON FIRE DEPARTMENT
M•nwmndum
TO: Jerry Clark, P.E., Director of Engineering
FROM: Ross Chadwick, Fire Ch¢P/L
DATE: November 19, 1996 //lG
SUBJECT: Fin D"arbnont VoWls Cloarancos tlor So Robertson
at "I Railroad Bdd"
As we have discussed, the Issue of the railroad underpass at Robertson and Boil is a
serious community Issue due to flooding. The Denton Fire Department uses this
underpass as a bypass of the railroad for the second In engine company from Central
Fire Station to the mostly residential area In Southeast Denton. Currently, the
responding unit (Quint 531) Is about 11' 6". The first in engine company and
ambulance come from Fire Station 2 on East McKinney, so this underpass Is not critical
In their response.
If the City's priority Is for flooding mitigation in this area, then the slight Increase in
response time for the second In engine company (if taller than 10 feet) can be pre-
planned for response another way. Therefore, the Fire Department supports a
reduction in the clearance for this bridge. However, If at all possible, I would feel better
using 1016" as the minimum ciearance for this bridge. Our Peterbilt Fire Engines are
right at 10 feet In height, so a few more Inches more than 10 feet would guarantee safe
access for all our fire engines with the exception of the Snorkel and Quint and future
large trucks.
Flooding in this area Is also a major concern to the Fire Department and we support the
City's successful mitigation of future flooding problems. Let me know if there is
anything else I can do to help.
Copies: Mike Jez, Executive Director of Publk Safety ,
Deputy Chief James Thomason ,
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DENTON FIRE DEPARTMENT
Memorandum
TO: Mike Ju, Executive Director of Public Safety
FROM: Ross Chadwick, Fire Chief/ C
DATE: January 24, 1997
SUBJECT: FIRE DEPARTMENT RESPONSE
TO ROBERTSON STREET
The Fire Department has agreed to accept a tower clearance at the railroad overpass
on Robertson Street due to needed flood control. Currently, all of our apparatus will
pass under the railroad tracks. However, there Is a proposal to Install flood control at
that intersection which will lower the clearance, We have recommended a minimum
clearance of 10 feet 6 Inches to accommodate all of our apparatus other than the Quint
and the Snorkel.
All of the response into the mostly residential area on the other side of the railroad
tracks Is the first response district of Fire Station 2, Including the engine company and
the ambulance company. Therefore, the only disadvantage of a lower clearance than
currently available is the response from the second-In unit to a fire: in this case the
Quint from Central. The Fire Department's normal response to a structure fire is four
engines, one ambulance and the Shift Commander.
Preplann!r,g $ response Into the area will give the Fire Departmant the opportunity to
respcnd with the Quint on another route. Even with this detour, the Quint will still be
within our respunse guidelines of less than a 5 minute response In most cases. The
only time this would not be true would be if a train were on the tracks blocking response
irfto this area other than the underpass. In case of a fire and if the tracks were blocked,
the fire engine from Fire Station 2 and ambulance would still be unhampered and the
• other two engine companies responding to the fire, engines from Fire Stations 6 and 4,
and the Shift Commander from Central, would also be unimpeded.
Due to the critical nature of Improving the flood control In this area, the Fire Department
feels we can accept a slightly longer response time (usually less than 1 minute) of one
(second-in) unit for a very small percentage of calls. The slight risk Justifies our
0 recommendation and the community's need to Improve this area from any future ` • •
disasters.
Copy: Rick Svehle, Deputy City Manager
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15
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Agenda No,
Agenda No
Date
1
January 28, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBER OF THE CITY COUNIL
FROM: Ted Benavides, City Manager
SUBJECT: CONSIDER APPROVAL OF THE FOLLOWING ADDENDUMS TO EXISTING
CONTRACTS BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY
REGIONAL WATER DISTRICT (UTRWD):
1. Addendum to the Existing Water Treatment and
Transmission Contract for Treated Water Service by
Denton to the City of Sanger and by the District to
Corinth and Lake Cities Municipal Utility Authority
(LCMA).
2. Addendum to the Joint Ownership and Operations
Contract Regarding Participation In the Sanger
Transmission Line
RECOMMENDATION:
The Public Utilities Board recommends approval of the two interrelated Addendums required to
provide wholesale water service to UTRWD for resale to the City of Sanger.
SUMMARY:
The City of Denton and the District entered into the 1992 Contract for Water Treatment and
Transmission Service for the purpose of providing treated water to the District and transmission
services of the District's treated water to the City of Sanger. The original concept was to "wheel"
or transport the District's water through the Denton system to the City of Sanger.
i
In the interest of water quality and system integrity, the original concept of transporting the
District's water through the Denton system is being modified. The proposed Addendums work
in conjunction to provide direct delivery of the D+'strict's treated water to Corinth and LCMUA
and provide for the delivery of Denton's treated water to the City of Sanger.
•
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Page 2
UTRWD Contract
Major issues addressed in the Addendum (See Exhibit 1) to the existing Water Treatment and
Transmission Contract (July 21, 1992) are as follows:
1. Maintains water quality integrity of the Denton water system by maintaining system
separation.
I
2. Provides District treated water service directly to Corinth and LCMUA.
3. Transfers Denton's transmission facilities required to serve Corinth and LCMUA to the
District in exchange for equivalent capacity in the Lillian Miller pipeline.
4. Establishes the initial water volume to Sanger at 0.5 MGD with the maximum volume
limited to 1.25 MGD based on Denton's ability to serve.
5. Identifies a commitnent by the District to provide revenues to Denton equal to the treated
water sales revenues !hat would have been realized by Denton in the existing contract.
6. Establishes an emergency connection between Denton and the District systems.
Major issues addressed in the Addendum (See Exhibit III) to the existing Joint Ownership and
Operations Contract (May 6, 1993) are as follows:
1. Establishes Denton's participation in the Sanger Transmission Line and share of the
Regional Treated Water Project.
2. Identifies the capacity and proportionate cost of the Sanger Transmission Line for each
entity
3. Reaffirms the agreement to sell treated water to the District for delivery and resale to
Sanger on a wholesale basis.
• 4. Establishes provisions for early payment of capital costs in the Sanger Transmission Line
and the Lillian Miller pipeline.
5. Establishes the reciprocal use of easements and right of ways
6. Identifies the point of delivery to Sanger on the north and east side of Milam Road and
135.
• • •
7. Denton is responsible for acquiring the necessary easements and right of way from the
point of connection to the point of delivery.
0
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•
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Page 3
UTRWD Contract
PROGRADUDEPARTAIENT OR GROUPS AFFECTED:
Citizens of Denton, City of Denton, Water Department, Upper Trinity Regional Water District,
City of Sanger
FISCAL IMPACT:
Based on the financial analysis (See Exhibit V) of capital cost, Option A provides the lowest net present
value at $797,245.55. The Public Utilities Board recommends Option A as the best financing alternative
for participation in the Sanger pipeline.
Respectfully submitted,
Ted Benavides, City Manager
Prepared by
R.E. Nelson, Executive Director
Utilities
•
Exhibit 1: Addendum To Water Treatment and Transmission Contract
Exhibit Q: Existing Water Treatment and Transmission Contract r
Exhibit III: Addendum to Joint Ownership and Operations Contract
Exhibit IV: Existing Joint Ownership and Operations Contract
Exhibit V: Pipeline Capital Financing Options
• Exhibit VI: Calculation of Revenue Requirements
Exhibit VII: Calculation of Asset Value and Capacity Transfer • •
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ADDENDUM
TO CONTRACT
BETWEEN
e>G CITY OF DENTON
AND
UPPER TRINITY REGIONAL WATER DISTRICT
FOR WATER TREATMENT AND TRANSMISSION SERVICES
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
TN$ Addendum (the'Addendurn') to an existing contract styled as CONTRACT FOR WATER
TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1992, (the 'Contras') by and
between UPPER TRINITY REGIONAL WATER DISTRICT, (the 8096W), a conservation and
reclamation district created pursuant to Article XVt, Section 59 of the Constitution of the State of
Texas, and the CITY OF DENTON fDenton'), a municipal corporation, is made and approved as of
the day of , 1996 (the 'Date of Addendum').
lmIMESSETH;
WHEREAT. Denton and District entered Into the July 21. 1992 Contract for Water Tmdnw <
and Transmission Services to provide for sale of treated water by Denton to District and for
transntission and delivery by Denton of limited amount of District treated water from spedfred points
to certain customers of District, including City of Sanger ('Sanger''): and
0 WHEREAT, said Contract provides In Section 6.4 thereof that:
To provide such service to Sanger, District shall have the option to purctase treated
water from Denton at its
posted price for wholesale traded water, if such rats exists,
or at Demon's rate for large industrial customers, or to request Demon to transport
District's water according to the provisions of this Agreement,% and
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EXHIBIT I
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AOOe OLN TO CONTRACT 5E1WE471 Cm OF OENTON AND UTN'M ,
FOR WATER TMTMNT AND TRANMSS" SMACES
FADE!
WHEREAS, in lieu of Denton transporting District Water for delivery to Sanger, District
desires to purchase water on a wholesale basis from Denton for resale and delivery to Sanger, and
Denton agrees to develop a wholesale rate for treated wet: r; and
WHEREAS, said Contract provides for transmission of District water by Denton not only to
Sanger but also to City of Corinth ('Co(inth') and to Lake Cities Municipal Utility Authority ('LCMUA')
for District; and
WHEREAS, in general, Denton and District agree that direct delivery by District of its own
water is to be preferred over any such transmission of District water by Denton; and
WHEREAS, Denton and District agree to cooperate on an alternative strategy that wN enable
District to deliver its treated water directly to Corinth and LCMUA without transmission by Denton
through its water system.
NOW. THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree to supplement the Contract with this Addendum as hereinafter set font,
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to-wit:
AGREEMENT
Station 1.6. Preamble ln*2M=I*
That the meders stated In the preamble hereof are We and correct and are incorporated Into
the body of this Addendum as if copied in their entirety.
• Secilon I.I. Scone of Addendum
That the provisions of the Contract shall remain in full force and effect as supplemented by
this Addendum. Further, Denton and District agree to add the provisions herein to provide for
continued purchase of treated water by District from Denton on a wholesale basis and to facilitate
the provision of direct treated water service by District to Corinth and LCMUA.
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ADDENDUM TO COM ACT BETMEN CRY Of DENTON AND UTRWO
FOR WATER TAFArwmT AND TRAN AISS*N AENYICE7 ,
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Section 1.2. Exercise of Option to Purchase Treated Water
As provided in Ssdion 6.4 of the Contract, District does hereby elect to exercise its
' ...option to purchase treated water from Denton at its posted price for wholesale treated water...'
for resale to Sanger. Further, Denton agrees to make available such treated water for delivery and
sale to District at the agreed delivery point (specified in separate contract) for the Sanger
Transmission Line. Denton will make reasonable capacity available and will deliver water to said
delivery point at Demon's operating pressure normally maintained for that sector of its transmission
and distribution system.
Section 1.3. Quan ' to be Delivered
For the first Water Year of operation during which water is delivered under the contract to
the designated delivery point for the Sanger Transmission line, the initial amount of treated water
to be delivered by Denton shop not exceed ons-half million gallons per day (0.50 mgd). After the
W Water Yew of operations, District may request Increased quantity up to a maximum of one and
on&quarter (1.25) mgd to be delivered by Denton. District stWl give written notice to Denton at
least one hundred twenty (120) days prior to the beginning of a Water Yew concerning the Peak
Daily Vdums of treated water being requested Denton may, at As sots disuetion, waive the written
notice requirement upon written request of District.
If the requested Peak Daily Voknns exceeds or&4mW million gallons per day (0.50 mgd),
Denton shall dstwrnirte d arch additional water and such cope* to deliver 0% water are available.
If, for the upooming Water Yew. Denton determines there Is sufficient additional capacity and
sufficient aukitional water to provide the District with the requested Peak Daily volume, Denton may,
under terms of this Addendum and ft Contract, provide such additionaf volume (or any portion
thereof) for that Water Yew.
• Section 1A. Batas that Wholaaala Treated Wafer ttlervioe
The posted rates for wholesale treated water service provided under this Addendum may be j
expressed as a volume charge per thousand gallons plus a facility charge and an annual demand
charge per unit of peak day usage, or may be expressed as a total unit price per thousand gallons
of water delivered and metered for each Fiscal Year. The posted rates for wholesale treated water f
• ! e e
service shall include the cost of raw water, the cost of treatment, opeation and maintenance
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ADDENDUM TO CONTRACT BETWEEN CRY OF DENTON AND VTRVM
FOR WATER TREATMUEttT AND TRANSMSS*N SERVICES
PAGE 4
expenses of the TransmissiSystem, pumping and energy costs, depreciation expense, and a
return on Demon's applicable rate base. The rate base shall be Denton's actual net investment in
that portion of its water system reasonably allocated to wholesale service, which net investment
shall be equal to original coat less depreciation reserve. The authorized return shall be equal to the
weighted average irterast rate on all outstanding debt for Denton's Water Utility System plus one
and one-half percent (1.5%). A street rental fee equal to four percent (4%) of total operation and
maintenance cost may be included in operation and maintenance expenses. Depreciation expense
will be based upon the original cost of all capital facilities, both invested and contributed capital,
which faorkes are expected to be replaced by Denton at a future date in order to maintain service.
Pipelines and other facilities paid for by the District, Corinth, LCMUA or others shall riot be included
in Denton's investment cost for calculating a return but may be included when calculating operating
and maintenance expense. Cot's to transport water shall be calculated on a system wide basis,
excluding distribu!ion facilities, and shall be limited to the Transmission System which shall not
include the cost of transporting water through lines smaller than twelve (12) inches in diameter.
The test year for establishing the rate for wholesale treated water service shall be the
pnrjeded year for which the rate is proposed to be applicable. Test year data shall be obtained from
actual data of the second year prior to the test year with adjustments made for known or verifiable
changes.
Soodon IA ffisfaqffin2duft to
Denton shall give timely notice to District with opportunity to comment on Denton's cost
analysis in each year that it proposes to nwise rates for service provided herein. Such notice end
such opportunity, to comment on the cm, analysis provided shall confomn to the provisions of
Section 7.4 and 7.5 of the Contract.
Seetk m 1.6. Traeamissiom Line 1m LCMUAlCorintlt
District desires to construct a transmission pipeline to allow District to deliver treated water
directly to LCMUA and Corinth without relying or, DerAon to transport District water through Denton's
Transmission System. A certain transmission line being used by Denton to deliver treated water to
• LCMUA and Corinth was paid for by the users, was dedicated to Denton, and is now the properly 1
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of Denton. Denton agrees to convey to District said pipeline facilities and related appurtenances.
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ADO0MXW TO CONTRACT BETWEEN CITY OF DENTON AND UTRVM
FOR WATER TREATMENT AND TRANSMNgN SERVICES
PAGE 7
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The property to be conveyed shall be that portion of the transmission line and related facilities shown
on Exhibit C, which Exhibit is attached hereto and incorporated herein for atl purposes. As
consideration, District agrees to grant to Denton an increased interest in the Joint Transmission Line
pursuant to the May 6, 1993 Joint Ownership and Operations Contract (as supplemented) As
additional consideration for the facilities being convoyed, District agrees to relieve Denton of its
obligation to provide long-term Transmission Service for District water to LCMUA and Corinth.
Denton and District agree to coordinate and cooperate on necessary pipeline improvements by
District to enable the District to use said pipeline being conveyed for direct delivery of District treated
water to LCMUA and Corinth. The efferxrve date for transfer of ownership of said pipeline from
Denton to District shall be the day that District first uses the pipeline to deliver its water to LCMUA
or Corinth. Said date shall be confirmed by District to Denton by written notice.
Seotlon 1.7, Ermergln4y Conneation
In om*rnction with the oonvm,Ianoe of the LCMLWCorinth pipeline as provided in Section 1.e
hereof, District shall pay for and arrange for improvements approved by Denton to enable an
Emergency Connection at the approximate location shown on Exhibit C. The Emergency
Connection shel be established by and maintained for the mutuet benefit of Denton and District far
the Primary Term of the Contre . The Emergency Connection normally shall be closed. In the
event of a water system condition which gen wally wand be regarded as an emergency In the water
utility Industry, and upon the request of ei her party, the parties may rr.Awllyy agree to open the
emergency connection.
Examples of a system condition to be considered an emergency shall Include (without
limiting the scope of such conditions):
• A disruption in while, or in part, of either perl's water supply,
• An electrical dotage, which adversely affects water service,
• 0 Contamination of either panes water supply. or
• Failure of a major system component such as a pipeline or pump.
Failure to plan for an adequate water supply does not constitute an emergency. During the time of
such emergency, the requesting party will expedite efforts to overcome the emergency; and, the
other party will supply water to the extent reasonably available and prudent under the cir umstance.
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AOOBWmTO omrrwT eeTNAtEiI err d oorroN AND a rR wo
/OlttMwTa TPMTMW AND TRgAPU ION$OWES '
PAN i
With approval of the supplying party, the benefitting party will be responsible for any necessary
improvements, arrangements or facilities to deliver and receive the water,
The party supplying the water under emergency conditions provided for in this Section shag
be compensated for the water delivered. If the volume of water delivered during the emergency
conditions is not determined by meter, the parties shell use the best information readily available to
develop an estimate of such volume. The benefiting party shah compensate the supplying party
as mutually agreeable. i
aeotlon 1.111. Ula of Treated Wslsr '
The Ca*W provides for Denton to sell treated water to District for resNe to certain parties
aC 1
t durfng the hD'al Period of the Contract (through Water Year 1946), Other provisions of the Contract
notwifhelAndirp, Denton agrees that Distriol may reduce or dsconW%* purchase of treated water
from Denton during the Mal Period. If such reduction or discontinuance is rotated to the District's
own water beft oft plyd and delivery facilities becoming operational, then OW be no lmposMon
of the AA nlmum Water Volume provisions of Section 3.3; provided that the fatal revenue reo"
by Denton from District for purchase of both treated water and untraW raw water shaA be *"a ti
to or greater then the revenue (not includrtg Variable Coss) the Dalton world otherwise have
received if District had oo &Rad purdtaing o* treated %*w thrtxtgh the 1947 Water Yea '
Wsuanl to the Contact.
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tlesllort 1.9. Tam ~of A
This Adderxilum shell be elfedtw an and from the Dab of Addendum. The AddwA n shall
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continue for the Primary Term of the Contract and for any renewals thereof. ,
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ADDENDUM TO CONTACT 9FTYMEN CITY Of DENTON AND UTWM
FOR WATER TNEATWW AMID MM36166ION SERVICES 1
PAGE T
IN WITNESS WHEitEOF, the parties hereto acting under authority of their respective
governing bodies have caused this Addendum to be duly executed in several counterparts, each of
which shall constitute an original, all as of the day and year first above written, which is the Dale of
Addendum.
UPPER TRINITY
REGIONAL WATER Dt.3TRICT
Richard Huckeby
President, Board of Director
ATTEST:
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e l3nJ = Follow 304
' actors _
APPROVED AS TO FORM AND.LEGALM:
John F. Boyle, Jr., Counsel far tM District
CITY OF DENTON, TEXAS
Ted Bsnavides, City Manager
ATTEST:
Jennifer Walter, City SecMary <
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APPROVED AS TO LEGAL FORM: l
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' Herb Prouty, City Attorney
O DENTOWCONTMCTVCawrl IDS
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EXHIBITS A and B
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bbibits A and a as contained in ttio original Contrail remain valid ia this effect. t Said
F rbits are modified or supplemented only to the e~dent provided
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ALL00297
DUPLICATE
THE STATE OF TEXAS S CONTRACT BETWEEN CITY OF DENTON
S AND UPPER TRINITY REGIONAL WATER
S DISTRICT FOR WATER TREATMENT AND
S TRANSMISSION SERVICES
This Agreement made this a/ day of , 1992
Jim OF
by and between the City of Denton, a Municipal C pore ion organi-
zed under the laws of the State of Texas ("DENTON"), and the Upper
Trinity Regional Water District, a conservation and reclamation
District created pursuant to Article XVI, Section 59 of the Con-
stitution of the State of Texas ("DISTRICT");
WHEREAS, DISTRICT was created by the Texas Legislature to
servo various regional water utility purposes including providinq
wholesale treated water service to participating cities and uti-
lities of Denton County and adjacent areas; and
WHEREAS, DENTON has an existing water treatment plant, known
as the spencer Water Treatment Plant, and such plant has Treatment
Capacity sufficient to serve DENTON'3 current water treatment
needs, plus capacity to serve additional wholesale customer water
treatment needs for a limited period of tine; and
WHEREAS, DISTRICT desires to contract for the use of water
• treatment plant services; and
WHEREASO the treatment capacity of DENTON'S existing and pro-
posed water treatment plants that is surplus to DENTON'S current
needs is available for use by DISTRICT; and t
• WHEREAS, DENTON has water transmission lines with sufficient • •
capacity to serve DENTON'S current needs, plus sufficient trans- +
mission line capacity for the Primary Term of this Agreement to
deliver up to 4.5 mgd of treated water to the DISTRICT; and
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L3 EXHIBIT II
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WHEREAS, DISTRICT is managing a phased development of its Mas-
ter Plan and has scheduled the first phase of its wholesale water
transmission system to be operational within two years= and
WHEREAS, DISTRICT desir.-)s to enter into a contract with DENTON
for the use of water treatment and water transmission service in
accordance with the terms and provisions set out herein;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the Parties agree as follows:
ARTICL! I
DDIYITIOxe .
1.1 "Bonds" means all bonds hereafter issued by the District,
whether in one or more series or issues, and the interest thereon,
to acquire, construct and complete its Regional Water Project,
and/or all bonds issued subsequently to improve, extend, operate or
maintain the project, and shy bonds issued to refund any bonds or
to refund any such refunding bonds.
1.15 "censamter Wee Isdoxv means the Consumer Price Index ror
All urban consumers, CPI-U, (all items, published by the United
1 States Department of Labor, Bureau of Labor Statistics 1992-1984 "
100) published by the United States Department of Labor, Bureau of
Labor Statistics or any successor to such agency. if publication
of the agency is discontinued, CPI-U shall refer to comparable eta-
tistics with respect to the cost of living for all urban consumers
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• published by any agency of the United States government and mutual- • •
ly agreed to by DISTRICT and DENTON. ,
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1.7 "DMO11,15 Transmission system" or „Transmission Bystm"
means all of DENTON'S water lines twelve (12) inches in diameter or
'lar.ba..
Ali'
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larger used to transport treated potable water to its customers.
1.3 "D=N Mlt Treatment System" or "Treatment system" means
the spencer Water Treatment Plant, and the Ray Roberts Water Treat-
ment Plan, when constructed, including all appurtenances thereto
and all existing raw water transmission facilities from the water
source to the water treatment plant.
1.33 "DS>1M14 Rater Utility system" or "uatsr Utility sys-
tem" means all existing and future facilities utilized to provide
water to DMMNIS retail and wholesale customers, including, but
not limited to, Water Treatment Systems, Transmission System, wa-
ter storage facilities, distribution system and administrative and
personnel buildings.
1.8 "Fiscal Year" means the period of time from October 1 of
each calendar year through September 30 of the next following cal-
endar year.
14 "initial Feried" means the period of time that DISTRICT
will receive temporary or interim water trestmant or transportation
service out of DI TONJIS excess capacity, which period of time shall
commence on the effective date of this Agreement and continue
through midnight, May 310 1998.
i.s 031W. is an abbreviation for "million gallons of water
per day■.
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1.49 "leak Day Tolums" means the highest quantity of water
used or requested by DISTRICT, whichever is t •
greater, for any single
day throughout any Water Year. Peak Day Volume is determined by
measuring the cumulative maximum outflow from all points of deliv-
ery.
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1.7 "Point(s) of Deliverylt means the point(s) designated in
this Agreement or by subsequent agreement where water will be de-
livered to DISTRICT from the DENTON Transmission System.
1.9 "Take or Pay" shall mean an obligation to pay for the
amount of water Treatment Capacity specified in the Agreement,
without regard to the amount of water Treatment Capacity actually
used under this Agreement.
1.01 "dotal Peak Day Transmission volume" means the total peak
day volume requested of the Denton Water Transmission system which
shall include the City of Denton's peak day volume, the District's
Perk Day Volume delivered from Denton's Water Transmission System
and any other Denton water transmission customers' peak day volume
delivered from Denton's Water Transmission System.
1.00 "Transmission operatiag costs" means those costs associ-
ated with the normal maintenance and repair of the Water Transmis-
sion System.
1.9 "Treatment Capacity" means the maximum daily capability
to treat raw water, expressed in gallons, that would, if maintained
consistently through a period of twenty-four (24) haws, provide
the maximum quantity of potable water in any one day of a Water
'e
Year.
1.10 "Variable Costs" manna those costs that vary according ~
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to the quantity of water treated, pumped or transported, including
~ cost of electricity, chemicals, variable mechanical costs, and like • •
charges that vary with the volume of water.
loll "volume" means quantity of water, in gallons, that DIS-
TRICT requests or actually receives from DENTON.
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1.12 "Water Year" means the period of time from June 1 of each
calendar year through May 31 of the succeeding year.
ARTICLE It
INITIAL PERIOD FOR WATER TREATMENT AND TRAN8NI88ION envICRS
2.1 Treatment and Transmission services
During the Initial Period, DENTON agrees to treat water
for DISTRICT in DENTONOS Water Treatment System, and to transport
such treated water to the Point(s) of Delivery subject to the terms
and conditions stated herein. DISTRICT agrees to contract for the
use of water treatment services and for the use of water transmis-
sion services from DENTON subject to the terms and conditions
stated herein.
222 Ear Water Te is snnelied By Distr{et
All raw water to be treated by DENTON on DISTRICT"S be-
half under the terms of this Agreement shall be provided by DIS-
TRICT at its sole expense. Such raw water shall be provided out of
sources under contract to DISTRICT and delivered or made available
to DENTON by DISTRICT in Lake Ray Roberts or Lake Lewisville. This
provision specifically includes raw water that is under contract to
DENTON and DISTRICT out of cooper Reservoir in Sulphur River Basin,
• which water may be. made available to Lake Ray Roberts or Lake t
Lewisville, if authorised by separate agreement with Dallas. Ds-
livery of any other water from outside the Ray Roberts - Lewisville
• Lake system for treatment by DENTON under this Agreement will re- • •
quire the written permission of DENTON. Except for Cooper Reser-
voir water, DENTON shall have no obligation under this agreement to
treat any water delivered by DISTRICT from outside the Ray Roberts-
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Lake Lewisville Lake system and DENTON may refuse to accept any
other such water at its treatment plants.
2.3 Temoorary Bale of Raw Dater
The provisions of this Article notwithstanding, DISTRICT
agrees that DENTON has the right of first refusal to sell raw water
on a temporary basis to DISTRICT according to the terms of a sepa-
rate raw water agreement.
2.4 Availability of Treatment and Traaaalssion ■eryicem
Treatment of raw water provided by DISTRICT under this
Agreement is expressly subject to and limited by the available sup-
ply of raw water from DISTRICT. DENTON shall exercise due dili-
gence to assure that the treatment and deliverability of water is
maintained.
Should DENTON need to curtail treatment or transportation of
water for its customers, DENTON say impose a like curtailment on
treatment or deliveries of water under this Agreement to DISTRICT
without being in default of the Agreement. Such curtailments shall
be limited to the extent that such supplies and service are cur-
tailed due to a lack of raw water supply or because of system fail-
ure or malfura-tion, contamination, acts of God, civil disturbances,
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war or other causes beyond DENTONIS control. DISTRICT will cooper- r
ate by imposing like curtailment measures upon its sales.
243 Baikal* Restrictions
• To the extent DffiiTON imposes restrictions relating to the • •
Y
curtailment of water delivery and availability, DENTON agrees to
impose such restrictions in a non-discriminatory fashion.
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MMMAMM
2,6 Use of Wells
Nothing in this Agreement shall be construed to impair or
affect DISTRICTS right to use any existing water wells or any we-
ter wells it may drill in the future.
ARTICLE III
WATER swrcE
3.3 Vole-e et TrPlgt_ and Transmission servia to be
Provided for the Initial Period
The volume of treatment and transmission service to be
made available to DISTRICT by DENTON during the-Initial Period for
each water Year shall be established annually as described in this
Article. DENTON will make available to DISTRICT, for the Initial
Period, up to 4.5 mgd of water treatment and transmission services
for water treated by DENTON. DENTON will not transport any water
for the DISTRICT during the initial Period other than water treated
in DENTONIS Treatment System.
3.2 D"triat to-Give notice
Not less than one hundred and twenty (120) days before
the beginninq of the first and each successive Water Year, DISTRICT
shall give written notice to DENTON concerning the Peak Daily Vol-
•
use of Treatment Capacity and transmission service being requested.
h DENTON may, at its sole discretion, waive the one hundred and '
twenty (120) day notice requirement upon the written request of
• DISTRICT. Such request and waiver shall be effective only if done C
in writing. If the requested volume exceeds 4.50 mgd, DENTON shall
determine the capacity in DENTONIS Treatment and Transmission Sys-
tem expected to be surplus to OENTON'S needs. If, for the upcoming
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Water Year, DENTON determines there is surplus capacity in DENTON'S
Water Treatment and Transmission System above 4.50 mqd to provide
the DISTRICT with the additional requested treatment and transmis-
sion services, DENTON may, under the terms of this Agreement pro-
vide such additional treatment services for that Water Year. Tt.e
parties agree that Exhibit ^A", as described in Article 4.1 hereof
shall be supplemented each year of the Primary Term of this Agree-
ment to reflect the Peak Daily Volume DISTRICT has requested for
each Delivery Point.
The first Water Year or any portion thereof under this Agree-
ment shall be the first year that water is actually delivered by
DENTON under this Agreement and taken by DISTRICT. For the first
Water Year, the one hundred and twenty (120) day notice referenced
above shall be interpreted to mean one hundred and twenty (120)
days prior to the date actual delivery of water is requested to
begin. Prior to the flrat Water Year, DISTRICT and DlENTON shall
coordinate on a regular basis the activities necessary to plan for
and commence delivery of treated water. Thereafter, prior to Jute
1 of each year, DISTRICT shall provide an estimate of the treatment
and transmission services it expects to request for the succeeding
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three-year period.
t 3.2VOltse
DISTRICT agrees, during each Water Year of the Initial
• Period, to pay DENTON, on a take or pay basis, for a Minimum slater • •
Volume based upon the Peak Day Volume of treatment and transmission
capacity requested or taken, whichever is greeter, by DISTRICT for
each Water Year. The Minimum Water Volume shall be calculated
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using the following .^ormula:
Minimum Water Volume a Peak Day Volume multiplied by 365 multiplied
by the applicable percentage*.
*The applicable specified percentage for each year of the initial
Period shall be:
710.4~ 719}5 619016 515}7 515}e
During the Initial Period, each water Year's Peak Day Volume shall
not be less than any prior Water Year's Peak Day Volume.
ARTICLI IV
DRLIVR:T, LOCATION, Nfi'RRIrm connions
4.1 Deliverv and N!teaing
DENTON agrees to deliver the treated water hereunder at
Delivery Point(s) shown in Exhibit A, attached hereto and incorpo-
rated herein by reference, and at any other such points as may be
mutually agreed upon by DISTRICT and DENTON. The cost of acquir-
inq, designinq, installinq and constructing all water delivery and
metering equipment or facilities necessary to fulfill this Agree-
ment, including, but not limited to, water lines to metering
points, meters, meter vaults and associated valves, shall be borne
• by DISTRICT. Upon completion of construction and acceptance by
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DENTON, DISTRICT shall dedicate the metering facilities, including
the rate-of-flow controllers, to DENTON prior to the initiation of
` services hereunder. All plans for metering facilities and pipe- ti
lines related thereto shall conform to DENTONIS requirements and
shall be aulmittad to DENTON for its written approval prior to
installation, which approval will not be unreasonably withheld.
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However, it is antic r ipated that the existing Points of Delivery for
DENTON'S existing wholesale customers will be sufficient if Corinth
and LCXUA receive water from the DISTRICT during the Initial Pori-
od. This Agreement does not contemplate the installation of dupli-
cate metering facilities to measure the water being transported and
delivered. Nevertheless, if such additional metering abilities are
determined by the Parties to be necessary, they shall be installed
under mutually satisfactory terms.
DISTRICT represents and covenants that it has acquired, or
will acquire, prior to the installation of metering equipment, the
necessary easements or right-of-way on which the metering facili-
ties and associated appurtenances for all points of delivery will
be placed.
4.2 MMaintena_aee M Calibration of Motors
All water furnished shall be measured by meters installed
at the Point (a) of Delivery. DENTON agrees to maintain said meters
and to cause such repairs and adjustments to be promptly made.
DENTON shall test the meter(s) annually. The costs of meter re-
pairs and testing shall be included in the Variable Costs.
Upon the request of DISTRICT, DENTON shall test the meter(s)
more frequently than annually, but such additional test(s) shall be
r
k at DISTRICT'S expense, except when an error in metering is found to
3 ~
exceed 21. If a meter is Wind to be in error by more than plus or
O minus two percent (21), adjustments shall be made accordingly. 0 O
If either Party at any time observes an apparent error in
meter registration or readings, such Party will promptly notify the
other Party. DENTON shall arrange for a calibration test and joint
19
i'
•
.S
observation of any adjustment and the same meter or meters shall
than be adjusted to accuracy. DENTON shall give DISTRICT at least
forty-eight (48) hours notice of the time of all tests of meters so
that DISTRICT may conveniently have a representative present.
If for any reason any meters are out of repair so that
the amount of water delivered cannot be ascertained or computed
from the reading thereof, the water delivered during the period
such asters are out of service or out of repair shall be estimated
and agreed upon by the Parties hereto upon the basis of the best
data available. For such purposes, the best data available shall
be deemed to be the registration of any check aster or motors if
the sane have been installed and are accurately registering.
Otherwise, the amount of water delivered during such period may be
estimated (i) by correcting the error if the percentage of the er-
ror is ascertainable by calibration tests or asthematical calcula-
tion, or (it) estimating the quantity of water by doliveries during
the preceding periods under similar conditions when the rooter or
meters were registering accurately.
4.3 Unit of wsssure
•
The unit of measure for water delivery under this Agree-
sent shall be 1p000 gallons, U.S. Standard Liquid Xoasure.
i~ 4.4~
Each Party agrees to provide ingress and ogress for the
• employees and agents of the Party that owns the meter to all its •
premises inside Party's boundaries as required to install, operate, ,
inspect, test and maintain motor facilities.
20
. a3 f`
r;
4.5 late of )low Controller
Except as provided below, a rate-of-flow controller shall
be installed at each Point of Delivery of water from DENTON to DIS-
TRICT where peak rate of flow is expected to exceed 0.5 mgd. DIS-
TRICT shall pay for the required rate-of-flow controllers and main-
tenance costs. Each rate-of-flow controller shall be set at the
DISTRICT'S Peak Day Volume as requested for each Point of Delivery
as provided in Article III herein, and shall be set on June 1 or
later of each stater Year. The total of all Peak Day Volume set-
tinqs requested by DISTRICT shall not exceed the Peak Day Volumes
requested in accordance with Section 3.2. DENTON and DISTRICT
recognize the temporary nature of the treated water service pro-
vided for herein. Accordingly, both parties agree to consider
achieving the results desired under this paragraph without the ex-
pense ordinarily associated with installing a rate of flow
controller for such temporary period.
494
DISTRICT shall receive water from DENTON, either through
an open discharge into a ground or elevated storage tank, or into
a supply line. If delivered into a supply line, an appropriate
backf low preventor check valve shall be placed by DISTRICT in the
i delivery line to assure that no flow of water from DISTRICT'S
system can return to DENTONIS system. y
ARTICLI O
RATIR RIORTS
S.1 No coaveXaaoe of Ratar Rights
DENTON and DISTRICT acknowledge that nothing in this
21
q
Agreement is intended to sell, transfer, or Convey any water rights
from DENTON to DISTRICT or any other entity and no such rights are
sold, transferred, or conveyed. DISTRICT is responsible for making
its own provisions for raw water supply and agrees to do so by se-
parate action, contract or agreement. If this Agreement is ever
construed to effect a sale, transfer, or conveyance of water rights
from DENTON to DISTRICT, then it shall be null and void.
S.7 hater svlY
DENTON and the DISTRICT, individually and respectively,
will be responsible for their respective raw water supply needs.
ARTICLS VI
L01f0-TSRN RATSR TRRMSMISSION SSMVICSS
4.1
Water transmission services for the Initial Period shall
be provided for in conjunction with water treatment services in ac-
cordance with the terms and conditions provided in Articles II and
III.
DENTON agrees to sell provide the DISTRICT long-term water
transmission services from the date of termination of the Initial
Period for the remainder of the Primary period designated in Sec-`
1 ,
tion 12.30 subject to the DISTRICTIS compliance with the require-
ments of Section 6.7. Such transmission service shall be available _
• to and through the delivery points as listed in Exhibit A, unless L • •
other delivery points are agreed to in writing. DENTON agrees to •
provide up to 1.5 mgd of transmission service to the Corinth meter-
ing point and 1.0 mgd of transmission services to the Lake Cities
22
•
Municipal utility Authority (LCMUA) metering point, each location
as shown on Exhibit A. Said maximum amounts shall be increased to
4.50 mgd collectively for Corinth and LCNUA upon the completion of
DENTON'S otherwise planned expansion of that portion of DENTON'S
System, it being agreed that DENTON will not be required to expand
such transmission capacity solely for Corinth and LCMUA, unless
otherwise needed for DENTON'S System. DENTON shall not be obli-
gated to provide such increased maximum amounts unless DISTRICT
first pays for the construction of any oversized pipeline for the „
expansion to serve Corinth and LCMUA, based upon DISTRICT'S pro-
portionate share of the overall transmission capacity of the line.
4.3 ~1tLtiet to dive 1lotiee
Two years before the beginning of the first and each
successive water Year beginning with Mater Year 19980 DISTRICT
shall give written notice to DENTON concerning the peak Daily Vol-
ume of transmission service being requested. DEMN may, at its
sole discretion, waive the two-year notice requirement upon the
written request of the DISTRICT.
If the requested amount exceeds that amount listed in Exhibit
A, DZMW shall determine if such additional capacity is available.
•
If, for the upcoming water Year, DENTON determines there is suffi-
cient additional capacity in Denton's Water Transmission System to
provide the DISTRICT with the additional requested transmission
• services, DENTON may, under the terms of this Agreement, provide •
such additional transmission services for that Water Year.
4.4 service For saucer
If during the Primary Term of this Agreement, the DIS-
23
•
0
•
TRICP proposes to serve the city of Sanger through a pipeline ex-
tension from the northwestern portion of DENTON'S water distri-
bution system generally along Interstate 35, DENTO'A will make rea-
sonable capacity available, in accordance with Exhibit A for the
Primary Term of this Agreement. DENTON may participate, at its
option, in the capital and operating cost of said pipeline bas-J
upon its proportionate share of the overall transmission capacity
of the line, up to the limits of DENTON'S extraterritorial juris-
diction. If DISTRICT determines at any future time that such
pipeline to the City of Sanger is no longer needed, DENTON shall
have an option to purchase DISTRICT'S portion of said pipeline at
the original cost thereof, less accumulated straight-line depre-
ciation. To provide such service to Sanger, DISTRICT shall have
the option to purchase treated water from DENTON at its posted
price for wholesale treated water, if such rate exists, or at
DENTONIS rate for large industrial customers, or to request DENTON
to transport DISTRICT'S water according to the provisions of this
Agreement.
gas Rights to RIBLixamission astam
DENTON and DISTRICT acknowledge that nothing in this
0 Agreement is intended to transfer any rights to water transmission
service from DENTON to DISTRICT or any other entity.
4.6 1[iniaum it rsmissioa volume
• DISTRICT agrees, during the 1999 water Year, and each water • 0
Year thereafter, of the Primary Term of the Agreement, to pay
DENTON, on a take-or-pay basis, for a Minimum Transmission volume
based upon the Peak Day Volume of transmission service requested or
24
taken, whichever is greater, by DISTRICT for each Water Year.
During the Primary Term, or any extension thereof, each water
Year's Minimum Transmission Volume shall not be less than the pre-
vious Water Year's Minimum Transmission Volume.
The Minimum Transmission Volume for any water year shall be
not leas than the DISTRICT'S Peak Day Volume multiplied by 365
times Sol.
ARTICLS VII
RATSS AXD CIMOSS VoS SSAVIcs
7.1 hater Treatment S*Lyice - initial ?agree
DENTON and DISTRICT agree that the services being con-
tracted for herein for the Initial Period are limited to tespora-
rily surplus capacity and do not contemplate any investment by
DENTON to provide services requested by DISTRICT. DEWrON and DIS-
TRICT agree that existing raw water facilities, existing Treatment
Capacity and existing transmission facilities were constructed for
the long-term needs of DENTONfS customers, not including the DIS-
TRICT. Therefore, DISTRICT will have no right to firm, long-term
use of any of said facilities or capacity except as provided in
Sections 6.2 and 6.4 and such capacity shall be available through
the Primary Term of this Agreement.
74 S~laraea per Water Treateeat,,_id Tr asoor atiem ■ rviee
3
Initial period
W DISTRICT agrees to pay for the temporary services during ti
the Initial Perri in the following manner:
a) Variable costs for use of DENTONIS Water Treatment
Capacity in proportion to DISTRICT'S use of the
25
~g is
•
Treatment Capacity required by DENTON'S retail and
wholesale customers; plus
b) Variable Costs for use of DENTON'S water Transmis-
sion capacity in proportion to DISTRICT'S use of
the transmission capacity required by DENTON'S
retail and wholesale customers; plus
c) A Transmission Service Fee of ten cents (1010) per
thousand gallons and a Treatment Fee of forty-five
,
cants (450) per thousand gallons of treated water
delivered to DISTRICT. These service fees shall be
subject to an annual adjustment on or about October
1 of each year, commencing October 1, 1491, to re-
fleet increases or decreases in costs according to
the Consumer Price Index. The current index shall
refer to the last bimonthly (if available, it not,
the last quarter) index published prior to the date
of adjustment. Subject to the specific exception
in the next sentence, "Previous index" shall refer
to the last bimonthly (if available, if not, the
last quarterly) Index published just prior to the
•
previous date of adjustment. With respect to the J `
first adjustment, the "Previous index" shall refer 1
to the last bimonthly (if available, if not, the
• last quarterly) Index published prior to the ef-
ti
fective date of this Agreement. These fees shall
be adjusted by multiplying the applicable fee times
a fraction (the CPI Adjustment Formula), the numer-
26
7" 7%
• ' xf i Y 1 ~ :~F '
.,tiy ypyfr ~r `'r i ,7 Y e.~, Yr ; ~.y e r.;,y d S„L.
i
a~
ator of which is the Current Index and the denomi-
nator of which is the Previous Index.
The charges outlined in this paragraph will be expressed
as a total unit price per thousand gallons to be effective for each
Fiscal Year. Prior to May 1 of each year, DENTON shall provide to
DISTRICT a cost analysis based on actual data for the most recent
12-month period for which such data are available; costs shall be
projected to the forthcoming Fiscal Year. DISTRICT shall be grant-
ed access to DENTONtS books and records at reasonable times upon
reasonable notice to review the cost analysis provided. DENTON may
choose to bill DISTRICT each month based on estimated Variable Cost
for the month and correct for actual costs in the billing for the
succeeding month.
7.3 gss for Loma-Term Transmission service
The charges outlined in this paragraph shall be expressed
as a total unit price per thousand gallons to be effective for each
Fiscal Year. Transportation costs for long-term service shall in-
clude operation and maintenance expenses of the Transmission Sys-
test pumping and energy costs, depreciation expense, and a return
• on DENTON&IS applicable rate base (DENTON'S actual net investment in
4
the Transmission system equal to original cost less depreciation
reserve) in its Transmission System, which return shall be equal to
the weighted average interest rate on all outstanding debt for
• DENTON's Water Utility System plus one and one-half percent (1.5t). • O I
A street rental fee equal to four percent (0) of total transports-
ti
tion cost, may be included in operation and maintenance expenses.
Depreciation expense will be based upon the original cost of all
27
..JV ;
a;
•
capital, invested and contributed, which must be replaced by DENTON
at a future date in order to maintain service. Pipelines and other
facilities paid for by the DISTRICT, Corinth and LCMUA shall not be
included in DENTON'S investment cost or calculation of depreciation
expense but may be included when calculating operating and mainte-
nance expense. Coats to transport water shall be calculated on a
system-wide basis, excluding distribution facilities, and shall be
limited to the Transmission System which shall not include the cost
of transporting water through lines smaller than twelve (12) inches
in diameter.
The test year for establishing the transportation rate shall be
the projected year that the rate is applicable. Test year data
shall be obtained from actual data of the second year prior to the
test year with adjustments made for known or verifiable changes.
The proportion of applicable rate base for which the DISTRICT shall
pay a rate of return shall be as follows
Dlatrlct's proportion of rats be" District's Volu"
Total Peak Day Transetasion Volume
7.4 s1lQeatiem e! 'trsaoissien hest
• Operatinq and maintenance expenses of the combined trans-
i
mission and distribution system shall be apportioned, after deduc-
tinq expenses unrelated to the transportation function, including
such activities as retail metering, retail meter shop services, i" -
• • •
fire hydrants, firs protection, pressure maintenance, customer con-
nections or taps. to the Transmission System on an inch-mile basis,
taking into account all of the pipelines in DENTON'S system. A
28
1
•
unit price for transportation of water through the Transmission
System shall be calculated by taking into account the total volume
pumped by DENTON on an annual basis for all of DENTON'S retail and
wholesale customers, including DISTRICT. The charges outlined in
this paragraph will be expressed as a total unit price per thousand
gallons to be effective for each Fiscal Year.
Prior to May 1 of each year, DENTON shall provide to DIS-
TRICT a cost analysis based on actual data for the most recent 12-
month period for which such data are available; costs shall be pro-
jected to the forthcoming Fiscal Year.
7.5 Notice/Onsortnnity to cosset
DENTON shall notify DISTRICT by May 1 of each year of any
intent to change any rates or charges provided for in this Article.
DISTRICT shall have at least 60 days notice to review and comment
on proposed rates prior to submission of such proposed rates to
DENTON City council for approval. !
District shall have access to
i
DENTON'S books and records at reasonable times upon reasonable
notice to review cost analyses and proposed rates. Revised rates
shall become effective in accordance with DENT0N15 ordinance estab-
lishing such revised rates.
7.6 1~11s Mien to Purchase Interim water
DISTRICT hereby agrees upon reasonable notice to allow
DENTON to purchase interim water out of surplus treatment capacity
• to be constructed in future by DISTRICT and for transmission ser-
vice related thereto. This option may be exercised by DENTON to
allow it to defer construction of its own treatment capacity or to
minimize the amount of reserve capacity constructed in connection
29
~M~.!Mwf^r~y~.MR~I• ~ T , _l L 1 1 f° r lr ~
1
r:
therewith. The terms and conditions of such sale by DISTRICT to
DENTON shall to the extent applicable be the same as herein, but
may be modified by mutual agreement according to the conditions and
circumstances then existing.
ARTICLS VIII
TRAUSYRR 07 CQSTO1UM$
$,I Transfer of Corinth and LCnQA
The DISTRICT acknowledges that the City of Corinth ("Co-
rinth") and the Lake Cities municipal utility Authority ("LCMUA")
are existing wholesale customers of DENTONIS water system. DENTON
acknowledges that Corinth and LCMUA have contracted to be Partici-
pating Members of DISTRICT'S Regional Hater Supply System. DSMTON
and DISTRICT will cooperate to achieve an orderly transfer of Co-
rinth and VMWA to DISTRICT'S System when the DISTRICT is ready to
serve them, but no sooner than when the DISTRICT installs its first
pipeline to serve a participant in the Regional Water Supply Systu
other than Corinth or LCMUA, or June 1, 1994, whichever date is
later.
4.2 DSO to Tramsmart Water
• rather, DSMTOM agrees to continue for the Primary Term of
this Agreement to transport water through existing pipelines, to r
Corinth and LCKUA for DISTRICT if requested by DISTRICT and in ac-
cordance with the provisions of Section 6.2 and at volumes not to
• exceed those enumerated in Exhibit A. • •
L
8.3 Prereauisites of Transfer
DENTON shall not transfer its service to Corinth and LCMUA
to DISTRICT unless and until Corinth and LCMUA request that DENTON
30
•
i
terminate their respective water purchase contracts with DENTON and
that they be transferred to DISTRICT as DISTRICT'S customers. Such
transfer shall also not take effect if there is, at the time of the
proposed date of transfer, any existing or threatened litigation or
active disagreement between DISTRICT and DENTON concerning any pro-
vision in this or in any other agreement between the two parties,
or any existing or threatened litigation or active disagreement be-
tween DENTON and Corinth or LCHUA regarding any matter.
AATICLR I=
NATU SYSM BTANDARM AND MV"LY
9.1 Due Diligence to rivet Realth standards
For the protection of the health of all consumers supplied
with water from the water system of DENTON, DISTRICT and DENTON
agree to use due diligence to comply with State of Texas Department
of Health standards and to guard carefully against all forms of
contamination to their respective water systems. If at any time
contamination of DENTON'S Treatment or Transmission System should
occur, to the extent that city, state, or federal regulators be-
lieve that human health is affected, the water supply to the area
• or areas affected shall be immediately shut off or regulated and
remain so until such conditions shall have been abated and the we-
ter declared again safe and fit for human consumption by properly
constituted governmental health agencies having jurisdiction there-
of. If at any time contamination of DISTRICT'S treatment or trans- • •
mission system should occur, to the extent that city, state, or
federal regulators believe that human health is affected, DENTON
may temporarily discontinue flows from DISTRICT and the water sup-
31
.
ply to the area or areas affected shall be immediately shut off or
regulated and remain so until such conditions shall have been
abated and the water declared again safe and fit for human consump-
tion by properly constituted governmental health agencies having
f jurisdiction thereof. During such temporary discontinuance, DENTON
may provide water supplies from DENTON'S plants, to DISTRICT's cue-
tomers receiving water service through DENTON$$ Transmission Sys-
tem. Such supply shall be subject to DENTON'S determination, at
its discretion, of its ability to provide such service. DISTRICT
agrees to pay for such supplies at a price per thousand gallons
equal to the average price of DENTON'S largest retail water
customer.
DENTON expressly reserves the right to discontinue tea-
porarily, after notice to DISTRICT, the supply of water to any of
the pipes laid or to be laid by DISTRICT whenever it is necessary
.I
to do so to insure proper operation of the DEN'TON water system, or
for noncompliance with any provision of this Agreement. In such
instance, no claim for damage for such discontinuance or curtail-
sent shall be made by DISTRICT against DENTON.
AB'TIOLB Z
BILLING AMU PATNIMUT
d
1001 Bills Aesdezed
0
DENTON shall render bills monthly for treatment and trans-
mission charges incurred by DISTRICT under this Agreement by the
"
tenth (loth) day of each month. Bills shall be due and payable
upon receipt by DISTRICT.
32
J. A.
s r r
10.2 Prom * Ymsnt and Disputed Bills
DISTRICT shall make payments to DENTON within 20 calendar
days of the date a bill for service is rendered. If DISTRICT at
any time disputes the amount to be paid by it to DENTON, DISTRICT
shall nevertheless promptly make such payment or payments; but, if
it is subsequently determined by agreement or court decision that
such disputed payments should have been less, or more, the amount
shall be promptly adjusted. The charges shall be adjusted in such
manner that DISTRICT will recover its overpayment or DENTON will
recover the amount due it. All amounts due and owing to any Party
shall, if not paid when due, bear interest at the rate of ten per-
cent (10t) per annum from the date when due until paid.
ARTICLN YI
OESOLAL P&WISIOSiS
11.1 Isioressmitatia" of the Parties
DINTON and the DISTRICT hereby covenant and agree as fol-
lows:
a) Each Party to this Agress:ent warrants that its
actions in executinq and entering into this Agree.
meet have been duly authorised in a manner that
follows the laws applicable to it.
b) Each Party to this Agreement warrants that it shall
promptly and with all due diligence, acting jointly
or individually as may be appropriate, take all S
necessary actions and endeavor to obtain all requ-
latory approvals, licenses, orders and permits
necessary to carry out its obligations under this
33
f,~=T1I'SL. ty A'A.~~t~rifig y>#,•i~ rr~,~~}k Ni`'nr~•n'.~~~, 94
•
Agreement.
11.3 ■e ice lssential and Necessary
DISTRICT represents and warrants to DENTON that the ser-
vices to be rendered by DISTRICT to its customers as result of
this Agreement are essential and necessary to the operation of its
customers. DISTRICT agrees to require in all of its contracts with
its customers, the language contained in Exhibit B, which language
is intended to protect the tax exempt status of future revenue
bonds to be issued by DENTON and DISTRICT.
11.3 Termination and Default
Should DISTRICT fail, refuse or neglect to pay any bill
for water treatment services or water transmission services within
sixty (60) days of the date due or should it refuse, neglect, or
fail to comply with or perform any of the conditions on its part
required to be compiled with or performed hereunder, the DISTRICT
Mall be in default. If after such default, DENTON shall deliver
to DISTRICT, addressed to the Executive Director of DISTRICT, a
notice in writing of its intent to terminate the treatment or
transmission of water on account of such failure, refusal or
ne- glect, then DENTON shall have the right to terminate the treatment
'i
and transmission of water at the expiration of thirty (30) days
after the giving of such notice and to terminate this Agreement,
unless within thirty (30) days DISTRICT shall make good such
• failure, refusal or neglect. If DISTRICT pays or performs within •
the thirty-day (30) period thn default shall cease to exist. The !
termination of this Agreement, as provided herein, shall not re-
lease DISTRICT from its obligation to make payments of any amounts
34
39
4
,
. r
F•,
i
due or to become due in accordance with the terms hereof.
ii.{ Fares Naisure
If, because of flood, drought, fire, explosions, civil
disturbance, war, water system failure or malfunction, acts of God,
or other causes beyond the control of either Party, either Party is
not able to perform any or all of its obligations under this Agree-
ment, then the respective Party's obligations hereunder shall be
suspended during such period.
11.3 Liability and Claims
Except for the actions or inactions described and dis-
claimed in paragraph 11.6. which are expressly excluded from this
indemnity, DENTON agrees to hold harmless and defend DISTRICT, it
officers and oaploy*es, from any claim of injuries, damages or
losses that arises from any act, omission or negligence of DENTON,
its officers or employees, in the operation of any facilities arced
by DENTON and used under this Agreement, unless said injuries, daa-
ages or losses result from the negligence of DISTRICT.
DISTRICT agrees to hold harmless and defend DENTON, its
officers and amployess, from any claims for injuries, damages or
losses that arises from any act, omission or negligence of DIS-
•
TRICT, its officers or employees, arising from the performance o.
their Agreement, unless said injuries, damages or losses result
from the sole negligence of DENTON.
•
11.6 AlQy,lations ot.„9tber agencies
• •
DENTON shall not be liable in any event for the non-
availability of treatment services hereunder due to the inability
of DENTON to perform any obligation under this Agreement for rea-
35
err.
sons beyond its control, including rules or regulations or other
governmental agencies.
11.7 Beverability
Should this Agreement, or any provision thereof be, or
found to be, in violation of any applicable law or regulation,
either Party, upon reasonable notice to the other, may terminate
this Agreement, or upon the mutual consent of each party, this
Agreement may be amended so as to be in compliance with such law or
regulation.
11.a aaawet"
Neither DENTON nor the DISTRICT shall assign or transfer
in whole or in part the rights and privileges granted in this
Agreement without first obtaining the written consent of the other
Party.
U of Burl s=s ~areememt~ Tbdifieation
This Agreement embodies the whole agreement of the Par-
ties. There are no promises, terms, conditions, or obligations
other than those contained herein. This Agreement shall supersede
all previous communications, representations, or agreements, either .
verbal written, between the Parties, and all modifications of
•1 '
this Agreement shall be in writing and approved by both Parties. `
11.10
All amounts due under this Agreement shall be paid and be
• due in Denton County, Texas. It is specifically agreed among the
l
Parties that Denton County, Texas, is the place of performance of
this Agreement. In the event that any legal proceeding is brought
to enforce this Agreement or any provision hereof, the same shall
36
•^4 Vt 1 ~y^ h'l l ~4 ,~'a€iJ R'~' k ) ^j
x tip. s ~Pi,~.V~~r s^.u yd ♦ tub l~~fY ~V w"~ ~i 'lj~
110 11
i
Q ,1
i
i
be brought in Denton County, Texas.
11.11 No Third Party Beneficiaries
This Agreement is solely intended for the benefit of the
Parties hereto and is not intended to and shall not be construed to
be for the benefit of any individual or create any duty on behalf
of DENTON or DISTRICT to any third party.
11.12 Notices
Any notice, request for information or other document to
be given hereunder to any of the Parties hereto by the other Party
shall be in writing and shall be hand-delivered or sent by certi-
fied or registered sail, postage prepaid, requesting evidence of
receipt as follows:
a) If to DENTON, Addressed tot
City of Denton
Attentions City Manager
215 East McKinney
City of Denton, Texas 76201
b) It to DISTRICT, Addressed to:
Upper Trinity Regional Mater District
Attention: Executive Director
Post Office Drawer 305
Lewisville, Texas 75067
Either Party may change the address for notice above by
certified wail to the other Party at any time.
11.13 Sdp~p•t
The captions of the various sections and paragraphs herein
are intended for convenience or reference only and shall not define • •
• `
or limit any of the terms or provisions hereof.
11.14 Gavernina Laws
This :;regiment shall in all respects be governed by and
construed in accordance with the laws of the State of Texas, in-
cluding all matters of construction, validity and performAnce.
11.15 Governmental Ismunity Not Waived
Neither DEMON nor DISTRICT waives, nor shall be deemed
hereby to waive, any immunity or defense that would otherwise be
available to it against claims made or arising from any act or
omission resulting from the Agreement.
11.14 Nomvaiver
The waiver by DENTON of any breach of any provision con-
twined in this Agreement shall not be deemed to be a waiver of such
provision for any subsequent breach of the sass or any other
provision.
Al THE !II
I= or CONTRACT
li.l Ntt•etive Date
upon execution by both Parties, this Agreement shall be-
come effective upon the date first written above.
1209 t•ra ter ~sssierarv. iatoxin services
The provisions for temporary or interim services shall
terminate according to the applicable sections of this Agreement
and the definition of Interim Period in Article I.
19.3 lriaarv T•rs
The Primary Term of this Agreement shall be twenty (20)
ti
• years and shall terminate twenty (20) years after the date of this
Agreement. This Agreement may b3 renewed for a subsequent twenty
(20) year period (the Renewal Term) if agreed to in writing by both
Parties at least five (5) years prior to the termination dater pro-
38
I aa,
.
IN~L.iNyw.L.Www-s y.yyu`L.la~ L •
vided that either party may terminate the Renewal Term at any time
during the Renewal Term by giving the other party five yoarst no-
tics.
IN WITNESS WHEREOF, the Parties hereto have caused this Agree-
ment to be executed by their respective duly-authorized officers in
multiple originals as of the date and year first above written.
CITY OF DEMM, TEXAS
Bob Castleberry, Mayor
ATTEST-
Jennifer Walters, City Secretary
r
BYs '
APPROVED AS TO LEGAL FORMS
Debra A. Drayovitch, City Attorney
BY:
APPROVED AS TO LEGAL FOM:
Lloyd, , Fowler, levins
Xa , .
BY:
.'ry
VPPER TRIWM'Y REGIOXM
• ; WATER DIATRICT r4
r,
Jim Karlovich, President
I Board of Directors
• ° ATTESTS
Tom Harpool, Secretary
'
Board of Directors
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APPROVED AS TO LEGAI FORK:
John F, Boyle, Jr., Attorney
Hutchison, Boyle, Brooks i Ficher
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RUISIT
POINTS OF DSLIVSRY
Location De~li~wirabilite
Interstate Highway 35 i Loop 288 4.0 mgd
U.S. Highway 380 i Loop 288 1.0 mgd
Interstate Highway 35 i U.S. Highway 77 .5 mqd
New Denton Water Plant at Lake Ray Roberts 4.0 mqd
(When Complete)
V. S. Highway 377-6 AT i SY Railroad 1.0 mqd
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Existing Delivery Point for Corinth 1.5 mgd
Existinq Delivery Point for Lake Cities HUA 1.0 mqd
Any changes to the above volumes or delivery points or any addi-
tional allocation of transmission service volumes and deliveries
shall be subject to written approval by DENTON. The maximum
deliverability at each Point of Delivery does not represent the
cumulative deliverability for all Points of Delivery.
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assess a
.Each of the Participating Members, respectively, represents and
covenants that all payments to be made by it under this Contract
shall constitute reasonable and necessary "operating expenses" of
its combined waterworks and sewer system, as defined in Vernon's
Ann. Tax. Civ. St. Article 1113, and that all such payments will be
made from the revenues of its combined waterworks and sewer system
or any other lawful source. Participating Members, respectively,
represent and have determined that the treated water supply to be
obtained from the System, including the Project and other System
facilities, is absolutely necessary and essential to the present
and fu+;ure operation of its water system and that the System is the
best long-term source of supply of treated water therefore, and
accordingly, all payments required by this Contract to be made by
each Participating Member shall constitute reasonable and necessary
operating expenses of its respective system as described above,
with the effect that the obligation to make such payments from
revenues of such systems shall have priority over any obligation to
make any payments from such revenues (whether of principal,
interest, or otherwise) with respect to all bonds or other
obligations heretofore or hereafter issued by such Participating
Member.
Each of the Participating Members agrees throughout the term of
this Contract to continuously operate and maintain its waterworks
system, its wastewater (sewer) system. or both, and to fix and
collect such rates and charges for water services, wastewater
(sewer) services or both to be supplied by its system or systems as
aforesaid as will produce revenues in an amount equal to at least
(i) all of the expenses of operation and maintenance expenses of
such system or systems, including specifically, its payments under
• this Contract, and (it) all other amounts as required • •
by law and
the provisions of the ordinance or resolutions authorizing its
revenue bonus or other obli,-aticnq now or hereafter outstanding,
including the amounts required to pay all principal of and interest
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on such bonds and other obligations.
The District covenants and agrees that neither the proceeds
from the sale of the Bonds, nor the moneys paid it pursuant to this
Contract, nor any earnings from the investment of any of the fore-
going, will be used for any purposes, except those directly relat-
ing to the System, and the Bonds as provided in this Contract] pro-
vided that the District may rebate any excess arbitrage earnings
from such investment earnings to the United States of America in
order to prevent any Bonds from becoming "arbitrage bonds" within
YA
the meaning of the internal Revenue code of 1986 (the "Code") or
any amendments thereto in effect on the date of issue or such
ti'; Bonds. Each of the Participating !(embers covenants and agrees that
,01 it will not use or permit the use of the
System in any manner that
would cause the interest on any of the Bonds to be or become sub-
,
ject to federal income taxation under the Code or any amendments
thereto in effect on the date of such Bonds.
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43 - .sccz- y: 1 k 7 't ":Y yy~yA~.,ri:~,~Y'«,. .♦"".`•',3'S F 1 ~yE1~ir M?,4•' '
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ADDENDUM TO
JOINT OVVKtRSHIP AND OPERATIONS CONTRACT
BETWEEN
CITY OF DENTON
AND
UPPER TRINITY REGIONAL WATER DISTRICT
REGARDING PARTICIPATION IN SANGER TRANSMISSION LJNE
THE STATE OF TEXAS §
4
COUNTY OF DENTON §
This Addendum (the 'Addendum') to an e>asting contract styled as JOINT OWNERSHIP AND
OPERATIONS CONTRACT, dated May 6, 1983, (the'Contrae) by and between UPPER TRI.14TY
REGIONAL WATER DISTRICT, (the 'District'), a conservation and reclamation district created
pursuant to Article XVI, Section 59 of the Constitution of the State of Texas, and the CITY OF
DENTON ('Denton'), a municipal corporation. Is made and approved as of the day of
1896 (the oDate of Addendum').
WffrNE&SETH&
WHEREAS, Denton and District entered into the May 6, 1993 Joint Ownership and
Operations Contract (the 'Contract') to jointly develop and operate a water transmission fine (the
'Joint Transmission Line') from the vicinity of Lillian Miller Parkway and Interstate 35E, and
exterxkV generally akxV Lillian Miller Parkway to the vicinity of Old Altar Road now the south city
(units of Denton; and
WHEREAS, construction of the Joint Transmission Line has been oomplated and the line is
u operating satisfactariiy; and
44
47 EXHIBIT 111
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L~ ~ i~~.~'4~`x~~7C~y~E •~r•ir`~"~'~
iD
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AA/6r.Mw to C MP&wl btvnr C" of OwAft W YTRWD
R*W&n {eyo TrwanM Ow Um
►y* S f~
WHEREAS, the District is planning to construct another transmission line (the 'Sanger
Transmission Line') that will conned to the north portion of the Denton water distribution system in
the vicinity of Loop 288 and Interstate Highway 35, extending generally along IH35 to the City of
Sanger; and
WHEREAS, the Sanger Transmission Line and its connection to the Denton system are
authorized under a certain contrad for Water Treatment and Transmission Services dated July 2 f,
1992 between Denton and District; and, according to said connect,
'Denton may participate, at its optiM In the capital and operating cost of said pipeline used
upon its proporbonMe share of the overall transmission capacity of the line, up to the frmit
of Denton's extraterritorial jurisdiction.'
WHEREAS, in said July 21, 1992 oontrad, Denton agreed to provide transmission service
for District water through the Denton water system to the Sanger Transmission line and to other
delivery points on Denton's water system; and
WHEREAS, Denton desires to participate in the capacity and proportionate cost of the
Sanger Transmission line to be constructed by the DIAM; and
WHEREAS, Denton and District desire to enable such partidpatieon in the Sanger
Transmission line by this Addendum to the Conbid; and
WHEREAS, Denton has agreed by separate ov*ael to convey to Distrid certain pipeline
facilities associated with water service to City of Corinth and Lake Cities Municipal Utility Authority,
and Denton and District desire to increase Denton's share of the Joint Transmission Una in ldfian
is
Miller Parkway as consideration for said property being conveyed; and
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WHEREAS, Denton and District desire to implement such other =Arad provisions as will
• enable joint pertiapetion in the Sanger Transmission Line and to provide for the District to purchase • •
treated water from Denton for resale to Sanger.
45
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A6&"r ro CewtM WIw CRy of DwA" MA YTRM
aawr~ fear TreorWeeke LMe
Pep i i'
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the District agrees to use its best efforts to design, constnXI and complete the Sanger
Transmission line upon and subject to the terms of the Contrail and this Addendum as hereinafter
set forth, to-wit:
(AGREEMENT
Section 1.0. Preamble Ina_erooralled
That the matters stated in the preamble hereof are true and correct and are incorporated Into
the body of this Addendum as if copied in their entirety.
8eolbn I.I. So apt of AddwWum
The provisions of the Contract shall ternain in full force and effect as supplemented by this
Addendum. Further, Denton and District agree to add the provisions of this Addendum to provide
for joint participation by Denton and District in the Sanger Transmission Una and to increase
Denton's share of the Joint Transmission line as reflected In Exfu'blt A (Revised) attadNd hereto
and incorporated herein for Al purposes.
Section 1.2.
Oistrict and Denton agree that Denton's participation in the Sanger Transmission line wit!
increase Dorton's participation in the Regional Treated Water Project as specified in the Contract
only as provided herein. _
a) DentoWs participation In the Regional Treated Water Project will ktcraase by the
defined limits of its participation in the Sanger Transmission I.kte, and
b) Denton will gain a greater share of the Regional Treated Water Projet2 by the ,
agreement herein to increase Denton's share of the Joint Transmission line.
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Section 1.3. Participation in Samar TransMMilon line
Denton will participate on a pro rate basis in the Sanger Transmission Line in accordance
with the limits, size and capacities specified in Exhibit C and with cost participation as specified in
Exhibit D, hereto, which Exhibits are incorporated into this Addendum and the Contract for all
purposes The Sanger Transmission line shall be designed and constructed by the District.
46
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"/Oman Y Cwaal eNwaaa CRY of D"W" W UTRWD
R"are" $09W Traw"bowe Lim
►ap •
Seabon IA. Extent of Participation
District agrees to provide for the Sanger Transmission Line between the points and along
the general We and for the capacities delineated in Exhibit C. Denton may transport water for
its own use through the Sanger Transmission Line up to the peak day capacities provided for
in Exhibit C.
section 1.$. $peotal Provisions
Dorton and District ackrawledge and agree to the speaai provisions related to the Sanger
Transmission Line which are set forth in the attached Exhibit D, which Exhibit is incorporated into
this Addendum and the Contract for all purposes.
tleotien t.f. sals orwaw
As provided in the July 21, 1992 owdrad between Denton and District, Denton reaffirms As
agreemert to son wholesale treated water to District for delivery and rssak to Sanger. Such ssk
of water by Denton shall be on a wholesale basis in aoooMsrxe with said July 21, 1992 Contract,
as amended or supplemented.
good" 1.7 Eadv Pavnssat
Derxort may prepay or pay the remaining belarca of its shots of capita cost participation in
the Sanger Transmission Um or the Joint Transmission L km st any time. The amount of such ssr<y
payment will be equal to the unpaid balance InGuding any defamed amounts.
Section 1.9. Term of Addsadum ;
• This Addendum shall be effective on and from the Date of Addendum. The term thereof
shatl be the some as the term of the Contred and any renewals thereof.
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A"WAM b CW*sd sd~ coo d D~Meey/ V"tM
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IN WITNESS WHEREOF, the parties hereto acting under authority of their respective
governing bodies have caused ttus Addendum to be duly exewted in several counterparts, ends of
which shall constitute an original, all as of the day and year firs. above written, which Is the Data of
Addendum.
UPPER TRINITY
7NAWA ER DIST CT
Richard Huckaby
President, Board of Directors
of Dire Ors toa~as«o
AP VEDAS TO FO
John FF..)BBoyie,, Jr., Counsel the DNArid
CITY OF DENTON, TEXAS
Ted Benevides, City Manager
ATTEST:
Jennifer Waken, City Secretary
APPROVED AS TO LEGAL FORM:
• Herb Prouty, City Attorney
48
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EXHIBIT B
Exhibit 8 as contained In the original Contract shall remain valid and in effect Said
Exhibit is modified or supplemented only to the extent provided in this Addendum. :t
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~ Canmscal
20' Pamsrwnt
27" DIA. ~o'tansdvcl on
p ° 14.3 MGD y4 GPo.v4
pwwwZt
o' C= tfvclMn
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NOT TO SCALE
cx P,..:a«,ee
20' Cembvctlo"
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u+E ROl 20"
GENERALLY ALONG LILLIAN MILLER PKWY/ 0 a D6 5 MGO
FM 2581 FROM INTERSTATE HIGHWAY WE ~
AorO 'ti
TO OLD ALTON *YAM
PPC„ dtf
27' DIA. FROM IH 35E TO FM 2181 a
HS0BN90M IHOnO
204 DIA. FROM IM 2181 TO RYAN ROAD
Igo DIA. FROM RYAN ROAD TO OLD ALTON
CALCLILATED CAPACITY t'1F ?Y Q A. PIPE:
TOTAL = 14,3 MOO 1LO.rr i
DENTON SHARE = 72.7X (10.4 MOD)
UTRNO SHARE a 27.3X (3.9 MOD) 18" DIA.
20?
r.~ n■ A1fD cAPAa~oF 2D' aA e>QE p = 4.9 MGD
TOTAL 6.5 MCO
DENTON SHARE = 39.9X (2.6 MOD)
UTRWO SHARE = 60.1% (3.9 MOO) Naarr CKM ao~D
!'.I C MED CAPACITY Of 78' OLA_ PIPE_
TOTAL = 4.9 MOD
DENTON SHARE OX (0.0 MOD) DELIVERY ;
UTRWD SHARE = 100% (4.9 MOD) POINT
1
APPROXIMATELY 3,600 IF of 27' aA. ;
APPROXIMATELY 5.400 LF OF 20' D1A.
V
o APPROXIMATELY 6,500 Lf OF 18' aA.
p o
W yr. ~
V
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EXHIBIT A REVISED"
JOINT TRANSMISSION LINE
UPPER TRINITY REGIONAL WATER DISTRICT
REGIONAL TREATED WATER F28JECT
PHASE 1A PIPELINELS
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EXHIBIT B
eG
Exhibit 8 as contained in the original Contract shall remain valid and in effect Said
Exhibit is modified or supplemented only to the extent provided in this Addendum.
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SANGER TRANSMTSSION LINE
'A%SociAn'S. INC. FM 1J55
SANGER
_ O
0 5000 SCALE
SANGER DELIPOINT
PIPEL1NF_ ROUTE:
NORTH FROM LOOP 286 ON THE
EAST 9DE OF INTERSTATE HWY
35 TO JUST SOUTH OF RECTOR 1
ROAD, EAST ON THE SOUTH
SIDE OF RECTOR ROAD, THEN
NORTH ALONG THE EAST SIDE
OF 00WU1.J ROAD NORTH TO R£C R 12" DIA. PIPE
THE SANGER DELIVERY POINT. ROAD
PI 92f-
-
160 DIA. FROM CONNECTION PONT
TO DELIVERY POINT. 12' OIA. FROM 4
MILAM ROAD TO SANGER DELIVERY.
I
F~ SQL DELIVERY POINT
rau~aLA_TEe cAPAaTY OF METER}
16 dA l
INITIAL TOTAL, - 3.25 MOD
oENTON SHARE - 59x (1.92 uoo) bAlIL M (FM 3163
UTR1IC SHARE . 41% (1.35 MOO)
R AO
M
PIPELINE~ LENGTH; x
APPX 17,000 LF OF 16' OIA. PIPE -
APPX 16,500 LF OF 12' DIA. PIPE GANZER
HOTEL ROAD
THIS
APPROXMATE ROUTE AOF~7HEE 16't DIA PIPE a
PROPOSED PIPELINE. ALONG THE S /
GENERAL ROUTE SHOWN, ACTUAL '
LOCATION OF THE PIPELINE MAY
= VARY FOR ENGINEERING OR OTHER
TECHNICAL REASONS. X ACTUAL
PIPELINE SIZES OR LENGTHS
VARY, BY MUTUAL AGREEMENT, A/ tir
THE S`tARE PERCENTAGES SHALL •
H REMAIN THE SAME, 173 1j 100P 288
i55 C~
EXhIBIi c p \ f
PIPELINE LIMITS s' DENTON CONNECTION POINT
AND CAPACITIES INITIAL 0 = 3.25 IJGO
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a 2
EXHIBIT D
.d.
TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY
REGIONAL WATER DISTRICT FOR PARTICIPATION IN
THE SANGER TRANSMISSION LINE
SPECIAL PROVISIONS REGARDING PARTICIPATION
The provisions of this 'Exhibit V form a part of the Contract and are applicable to the
Upper Trinity Regional Water Disttict (the'Districtl and to the City of Denton ("Denton? as if set
forth in their entirely in the body of"Contract.
1. The District will construct the Sanger Transmission Line as a part of the Project
as defined in the Contract. The District will own the Sanger Transmission Una, irtciuding the
right-of-way, except as otherwise provided herein for Demon's sham of the line. The District will
coordinate routing, design and right-of-way, acquisition with Denton. Within the City Limits of
Denton, the District's Improvements shall not unduly oonW with any Demon roaster plan for land
development. District and Denton agree to coordinate future joint use of said riyhts-of-way within
Denton for underground utirilies, District and Denton agree to coordinate arrangements for
parallel or adjoining easemwo and other rights-of-wey, including reettxowd use of such
sasemems and rights-of-way for temporary use during construction, routine operational
maintenance and for other moutuay beneficial purposes.
2. It Is mutually agreed that, within Its share of the easement or right-ofAM for the
Sanger Transmission Line, Demon shall have the right to install and maintain other water peas,
as well as sewer. underground electric and telecommunication facilities uwned by Demon.
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3. The District will provide the funds to design the Sanger Transmission Una,
Including acquisition of rights-of-way. The size of the line and capacities in the line for Demon
and District, respectively, shall conform to the requirements of Exhibit C, hereto,
a ' ` s
4. After design of the Sanger Transmission Line has been completed and after
approval by Denton, the District shall lake competitive bids for construction. After receipt of bids
and before a contract (or contracts) for construction is awarded, the District shall give Denton
53
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A"Galkm M Cwnd sah, n CRY of oany,~d LITRwo
Repro" Samar Tmftoftslon Loa
►pa!
written notice of the District's recommendation regar61g award of contract(s) and of Demon's
share of the proposed contract to be awarded. Unless Denton elects the financing option
described in Paragraph 5 following, Denton shall deposit with the District, within forty-five (45)
days, its pro rata share of the proposed construction cost for the Sanger Transmission Una plus
the cost of special appurtenances, if arty, requested by and for Denton. The funds so deposited
by Denton for construction shall be placed in an Interest bearing construction account by District
The District may withdraw funds from the construction account as required to make progress and
final payment according to the constriction contract awarded for the Sanger Transmission Una.
The District shall maintain an accounting of all direct expenditures for rights of way and for design
and constriction of the Sanger Tran"ssion Una, including engineering and geotecfwtical
services during construction. Upon completion of construction, Denton agrees to pay its sham,
if any, of contract change orders, direct services during constriction, or extra costs required to
complete the Sanger Transmission Line. After payment for change ceders, services during
constriction or extra costs, any surplus funds remaining in the interest bearing account shall by
returned to Denton at completion of the contract(s).
6. At Denton's option, Oistrld will provide funds to construct Denton's sham of the
Sanger Transmission Una according to this paragraph. Subject to the terms of the Contract and
this Addendum, District will provide and pay for the cost of the aoquisltlon, design, constnic6on
and improvement of the Sanger Transmission line, by Issuing its Bonds In amounts which will
be suffident to accomplish such purposes. Denton WN make payments as required to pay its pro
rota share of the Annual Requirement, as provided in Section 5 01 of the Contract' and this
Addendum. To determine DentoWe sham of the Annual Requirement for do Sanger
• Transmission Line, District :viii calculate the Capital Component of cost for Denton's sham
described in Paragraph 4 hereof based on actual costs of completion and the following schedule:
Year 1; Capital Component of Cost will be 4ased on the incremental cost (minimum
• amount for total incremental cost equals $260,000) to oversize the pipetine from "No '
• s
(12) inch diameter to sixteen (16) Inch diameter for the Interval Indicated in Exhibit C.
Years 2 through 9; Capital Component of Cost will be based on a graduated scale in even '
increments to transition to a full pro rata cost participation in the tenth (loth) year, i
57 54
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es~ea D
A %Mftd ~ W eawrace @*%. a Coy of Daoar~ti UTWWD
Repo" Mayer Tmftvn" a Lima at
Pap J
Year 10 to Retirement of Bonds: Capital Component of Cost will be based on pro rata
share of capacity as indicated in Exhibit C. Said capital cost will include an interest
component (at a rate equal to the Interest rate applicable to the Bonds issued to construct
the tine) for the amount of pro rata cost deferred under this schedule.
Subject to mutual agreement in writing, Denton may pay its share of the Annual Requirement
according to an alternative schedule developed by the District. After Denton has paid its full pro
rata share and after retirement of Bonds, the Capital Component of Cost will no longer apply,
If requested in writing by the District and agreed to by Denton, Denton may acquire
or purchase easements or right"Uway within the City Umits of Denton on behalf of the District
for the Sanger Transmission Line. Specifically, Denton agrees to acquire or to arrange for the
dedication of necessary rights-0f-way or easements in the interval from the Denton Connection
Point to the Delivery Point near Milam Road. The Distrid will reimburse Denton for all direct cost
associated with Denton's efforts to acquire said easement regardless of whether the easement
Is adually, purcha,ad. If requested by District and agreed to by Denton, Denton may exercise
its power of eminent domain on behalf of the District.
7. On behalf of Denton and Distrid, Denton agrees to operate that portion of the
Sanger Transmission Une up to the Delivery Point (meter) and to be responsible for normal and
routine maintenance of said portion of the Sanger Transmission Une according to the standards
of Denton's own water transmission and distribution system. Denton will maintain records of the
actual cost of such maintenance and will send periodic reports of cost to District for
reimbursement of cost in proportion to respective share of rated capacity of the pipeline according
to Exhibit C. District shall have reasonable caess to Denton's records to verity such costs.
District hereby agrees that it will make payments to Denton according to the provisions of sections
40 5.08 and 5.07 of the Contract, which sections are otherwise applicable to Denton. If, in the
opinion of Denton, extraordinary maintenance such as pipeline replacement exceeding 1% of the
J length of the pipeline is required, Denton shall give vv itten notice of such needed replacement
55
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Bid We
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1b'
AN"/re bCMyIA %3MHI CIyd C*nlr14~1 YTRWO
RpRNYy MnyN Tn~nhsbn iM fv~
to Dislrid, and District and Denton shall mutually determine which party shall take appropriate
steps to accomplish such extraordinary maintenance.
0. Prior to completion of constwction of the Sanger Transmission Line, Denton's
Executive Director of Utilities s?taN develop a mutually satisfactory written procedure for
coordinating the operation and maintenance of the Sanger Transmission Una and for each party
to notify the ott ar pasty of any activities which may affect the operations of the other party's
system.
9. The Delivery Point for water by Denton shall be at a mutually agreeable WcWw
at a mid point on the Sanger Transmission Una at the approximate location shown on Exhibit C.
10. All meter facilities for the Sanger Transmission Una shall conform to Section 4.03,
'Metering Equipment' of the Contract. District shall pay for and install appropriate meter facilities,
including rate of flow controller and bock-flow, prevention device at the Delivery Point. District will
own the metering facilities and Denton will provide normal maintenance and calibration, the costs
of which are eligible for indusion in service rates.
11. Denton may purchase the Ootrld's rights, in whole or part, In the Sanger
Transmission Line if District, at any future time, gives notice that its share of the One Is no longer
needed for District purposes. The peke to be paid by Denton to District to purchase any portion
of the District's share of the Sanger Transmission Line under this paragraph sMN be equal to
the original cost thereof for no District's stare, less accumulated depredation plus a credit (not
• to exceed said purchase prkx) for revenues, it any, received by District from Denton and other
public utilities for use of the rights-of-way Included in the Sanger Transmission Una. Depredation 1
expense will be computed on a straight line basis over a period not to exceed thirty (30) yeah
for that portion of the pipeline owned by Oisterd. For that portion of the pipeline owned by TWOS
• under r Slate Participation Agreement, depreciation expense shall start when the District • A
purchases the TWDB's interest or No (5) years from date pipeline was first used for public
service, whichever date occurs first.
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Am"" 4p.r fonwrosOm car
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12. If Denton purchases the District's share or any portion thereof of the Sanger
Transmission Una under the provisions of this Exhibit, District shall continue to enjoy certain
rights in connection therewith: (1) to receive water from Denton; (2) to deliver water to Denton;
and (3) to-deliver water to intervening customers of District along the line as may be provided by
contract; and (4) to have the right of emergency exchange of water between Denton and District
through the pipeline.
13. If Denton desires and requests the District to construct Improvements or Install
appurtenances for Denton as part of the Sanger Transmission Line, which Improvements or
appurtenances are not oft *m needed by District, Denton shall be responsible for the entire
cost of such improvements cc appurtenances installed for the sole benefit of Denton.
14. In a separate contract dated July 21, 1992 for WATER TREATMENT AND
TRANSPORTATION SERVICES (as supplemented), District agreed to increase Demon's sham
of the Joint Transmission Una, as considerallon for certain property being oonveyed to District.
Said increased share shall not cause an Increase In the amount to be paid by Denton for its sham
of the Annual Requiremem for the Joint Transmission Line. Rather, the Inaeased sham will
result In Donlon having larger capacity In the Joint Transmission Line and a corrospon*V
smaller sham to acquire from the District wMn and H Denton acquires 4» District's sham of the
Joint Transmission Una under the terms of the Contract. See Exhibit A (Revised) for the mussed
respective shams of the Joint Transmission Una.
15. Notwithstanding any provision In this Addendum and the Contract, Demon shat
have no responsibility for any portion of the Regional Treated Water Project otter than Ute Joint
1
Transmission Una and the Sanger Transmission Una.
i 5
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oenror~cor+riucn~oo+rn ua
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• . v yt1~a T,, .~e,r~.~ Y1,1':' a~nr,~~,p ~4,r re .ty lFYr {~~~sK ~~"4 r~ G~~~~~.~r~~ir ,Jry~P1~./}~!a'~ `'~nf.K K
UPPER TRINM REGIONAL WATER DISTRICT
REGIONAL TREATED WATER M11DA
CONTRACT FOR ADDITIONAL PARTICIPATING M MER
WITH CITY OF DENTON
THE STATE OF TEXAS ;
i
COUNTY OF DENTON ;
THIS JOW OWNERSHIP AND OPERATIONS OONTRACT (the'Coatraq') made and
entered into u of the day of , I9D (the 'Contract Date, by and between
UPPER TRDMN REGIONAL WATER DISTRICT, (the Miatrict% a conservation and
rectamation district created Pursuant to Artkie M Section 39 of the Constitution of the State of
Test's, and the CITY OF DENTON ('Denton'), which patty may be referred to herein a'Additiooal
Participating Member' (or Member}
WITNES9ETTE
WHEREAS, Denton Is a duly boorporated dry of the Staon of Tema operating under the
Constitution and laws of the State of Tom; and
WHEREAS, Denton is a governmental entity In Dentoo County that provides mall udit
service to customers within Its service ates; and
WIIERF.AS, one of the purposes far which the District was created was to provide water
• transmission seivioe to does sad water distr%utlon utWtias of the Deetoo Om" Kea, and
WHEREAS, the District proposes to develop a regional treated water system for Participating
Members and Customers, which system is plaooW to include raw water tranwaission lines, water
ti
• treatment plants, pump stations, treated water transmission lines, storage Mal and mettring facilities; • •
and
rP&HBaran.t 58
EXHIBIT IV
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WHEREAS, the District proposes to develop the regional treated water system for
Participating Members either-by constructing mnd owning such facilities, or through contracts with
others; sod
WHEREAS, Denton desires to participate in one of the transmbsioo lima being built as part
of the regional treated water system, which transmission be is referred to herein as the 'Joint
Transmission IIW, and
WHEREAS, District has entered into prior contracts with Participating Members (Contract
dated November 13, 1990) sod with participating Utilities (Contract dated November 2, 1990 under
which contracts the District is authorized to enter into contrasts with additional parties such ar this
Contract; and
WHEREAS, the District well manage and operate, or cootraet with others for the
managemaot and operation of the Joint Transmission Line, sod
WHEREAS. District proposes to construct or develop Phase I of its regional treated water
"Stem in general acoordaone with the cones ft reports prepared by Ain Pluatmer and Associates,
Ur. in 1992 and prior yam, herein rektred to as the'Ptoject'; and
WHEREAS, Denton has heretofore a wd a Row Water Supply Contact dated June 10,
1991 with the District, is a Participating Member of the DiWkt; and
WHM AS, Denton dais to become an'AdditkAW Participating Membee for this Joint
Tramminioo Use ar de fted in this Contract; sod
• WHEREAS, Denton wi0 provide for its own treated a:.x aeevke from its own souron wh1rh
are independent of the District; sad f.
WHEREAS, the District and Denton an authorized to enter into this Contract pursuant to
• the District's enabling statute, RD. 3112 (1989 regular smioa of the Texas Legislature) (the 'Act j ` •
' and Vernon'% Ano. Tex CIv. St. Ankle 4413 (32c) (the %tuiocal Cooperation Act j, sod other
applicable law:; and
srat+ear.on.r 59
WHEREAS, the Initial Participating Members heretofore agreed that the District may enter
into such a contras as this 0' atract with Additional Participating Members and other Customers;
and
WHEREAS, it is cipected that as soon as practicable after the esecrstion of this Contract,
the District will issue an installment of Bonds to provide part of the money to acquire and construct
the Project, including the Joint Traosmiuioo Line, sad thereafter will issue a subequeot installment
or instalkneots of Bonds to complete the acquisition sad cmftuction of the Project, including the
Joint Transmission Line, with all of said Bonds to be payable from and secured by Annual Payments.
NOW, THEREFORE, in coraideratioa of the mutual covenants and "meats herein
contained, the District agrees to provide transmission auvioe of the Project to Denton ruder this
Contract, and use its best efforts to issue its Boads and to acquire, coasaw and complete the
Project, including the Joint Transmission Line, upon and subject to the terms and conditions
hereinafter set forth, to-wit:
ARTICLE I
~ajl~nt
Section 1.1. The following terms and atpmasioos sa tried In this Contract, ua1eas the
contest clearly shows otherwise, shag have the foiteowing meaniap:
1. 'Ad' means H.B. 3112 adopted by the Isgislature of the State of Tama in the 1969
I regular session, whkh was signed by the Governor and bem ne of loWn June 16, 1989.
• Ii Z 'Additional Participating Membee means Denton and any party otbee than the laitial
PwWpatiag Members listed herein with which the District mates a contract sfaasilm to this Cootrad
for supplying treated water from the Project, provided that after execution of any such contract such
• party -,hall become one of the Participating Members for all purposes of this Coatract. Additional ` 0 0
Pamir ipating Members also include Town of Flower Mound and Denton County Fresh Water Supply
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District No. 1, both of whom executed contracts with the District afar the contract with Initial
Participating Members.
3. 'Administrative Payment' mean the amount of money to be paid to the District by
each of the Participating Members, Participating Utilities, Additional Participating Members, Contract
Members and Contract Utilities during each Annual Payment Period as their proportionate share of
Administration and Planning Expenses of the District.
4. 'Adjusted Annual Payment' mean the Annual PsW=t as adjusted by the Board
during or after such Annual Payment Period. as, provided by this Contract.
5. 'Administrative and Planning Expenses' mesas the general overhead cat and expeaon
of managing the District, but not including eapenses related to capital projects financed by the
District; such espeases shall include the administration of the District's general office, the activitea
and meetings of the Board and the planning attiviti s of the District, to the assent such program and
activities shsil be for the general welGrr, of the District; activities and peognma for the benefit of
specific parties and for apecdc capital pm bets &W, runless otherwise authorized, be the respoesUlly
of the beoefitting potties.
6. 'Amual Payment' means the amount of money to be paid to the DWzW by Denton
during each Ahnual Payment Period as its proportiiooate share of the Annual Requirement, which
proportionate share will be limited to the Joint Transmission Line.
7. 'Annual Payment Period' room the District's &W year, which ant+eotly begins on
October I of each calendar year said ends on September 30 of the snarl Wowing caieader year, but
•
which may be any twelve consecutive month period teed by the DisteW; ad the fist Annual
Payment Period tinder this CDntraa is estimated to be the period of October 1, 1991, through
L.
September 30,19n
• 8 'Annual Requirement' mean the total amount of money required for District to pay • •
all Operatioc and Ma+otensace. Expenses of the foist Transmission fine, and to pay the [food '
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Service Component of the Annual Requirement as described hereinafter including debt service on
its Bonds, and any sums rgO&W to pay or restore any amounts required to be deposited in say
special or reserve funds required to be established and/or maintained by the provisions of the Bond
Resolutions.
9. 'Board' means the governing body of the District
10. 'Boardmember' means a member of the Board
It. 'Bond Resolution' means any resolution of the District which authorizes any Booda.
12 'Bonds' means all bonds bereafter kAwd by the District, whether in one or more
series or issues, and the interest thereon, to acquire, construct and complete the Project. and any
bonds issued to refund any bonds or to refund any such refunding bonds.
13. 'C mina Member' means an entity that provides rain utility service or Is taking
definitive step to provide retail utility service to customers within its boundaries, that contracts with
the District to preserve the option to become a Participating Member prior to June 16, 1999, and
that agrees to pay an annual pro rata share of the Administrative and Panning Expienses of the
District
14. 'Count' means Denton Coumty, Tessa.
15. 'LQ stomer' means any wholesale user of the water savioes provided by the District
which user provides retail utility service within its boundaries.
1 16. 'Qxtomer Advisory Counal' at 'Cum? means the committee to be mated te)
• consult with and advise the District with resy;.M to the Project as provided in this Coatract
17. Mistrial means the Upper Trinity Regional Water District, a conservation and
reclamation district pursuant to Article XVL Section 59 of the Constitution of the State of Twat
created in accordance with the Act
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YM!~• _ _ _ 'A +t~Vi/Ir..~W.lf1.-Y L1:1.~ bt t . _ _ _
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I& 'Initial Participating Member(s)' means those governmental entities who executed a
contract dated November 13, as amended, namely, City of Corinth, City of Highland Village,
Lake Cities Municipal Utility Authority, and City of Sanger.
14. 'Joint Transmission line' means the proposed water transmittion line and relax
facilities (including auociated easements god rights of way) that will connect to Denton's existing
water distributiou system near Interstate Highway 35E and will be extended generally along Ls7liaa
Miller Parkway to the vicinity of Old Alton Road as set forth in Enhibit A to this Contract
20. 'MOD' is an abbreviation for 'million gallom of water per days.
21. 'Operation and Maintenance Expeases' mesas all administrative and planning
expenses and all costs and eapeases of operadoa and maintenance of the Joint Traaamissioa Lice,
Including (for greater certainty but without limiting the poerality of the fotegoing) repairs and
replacements, operadog personnel, the cost of utilities, the costs of supervision, eogineetiog,
wcounting, auditing, legal services, imursace premiums, supplies, seivim sdmioistrstbo of the Joint
Transmission Liar, Admioistrstive and Planning Expenses, and equipment necessary for propa
opendoe and maintenance of the Joint Trasw issioo Lion, and Memo made by District in
adsfaction of judgments resulting from claims not covered by District's Gsursoce arising in
counectioo with the soquisitioo, wastruction, operation, and maintenam of the Joint Traossawoo
Line. The term also isdudes the charges of the back or banks acting as paying agt:nta armor
registrars for any Bonds. The term does tat W u& de pmdadoe estr 1- P
• 22. Tartidpsting Member mean a governmeatal a" that proddes mw utility service
or Is taking deBnitlve step to provide retail utility service to trstomm within its boundaries that
contracts with the District for the s quisitkA oonatructioo, improvement, enlargement, and payment
• for the water projects to be financed from time to time by the District, and specifically includes
- • •
Denton and those entities identified as Initial Participating Members in this Contract
J
rrsrxaar.oct.x 63
23. 'Project' means Phase I of the District's regional treated water system, geoerally as
outlined in the engineering repent prepared by Alga Plummer and Associates, Inc. dated June 1942
24. 'State means the State of Texas.
2S. 'Water Year means the period of June I of each ealeadat year through May 31 of
the next following caleadar year.
ARTICLE 11
Boar,d of Directors
Section 201. Board Rl;X=tatiM The governing body of rack tbntracl Member, each
Participating Member and the County are entitled to appoint a qualified person to serve on the
Board. Deawn is specifically induded in this provision.
Section 202 Board Vwn Boardntembers appointed by the governing body of Participating
Members shall be entitled to vote oa all matters coating before the Board. Boardmemben appointed
by the governing body of Coatraa Members dmU be entitled to vote oa d matters before the Board
twept those matters that require a weighted vote. The Board has eatablMW rues for weighted
votes in accordance with the Aix for matter cooeerniag authoftdon at and (laud l commitments
for capital projects.
Section 2.03. Tai. Boardmemben shall servo stanned four (4) year terms in sooordanoe
with procedures established by the Btard. Boardmemben may nave coosecutive team. A
Boardmember may be removed at my time by the governing body of the soft that appointed that
• Boardmember.
Section 2.04. Bond QmqOUW& The DbtrW will col compensate Boardmemben for
serving on the Board, but may reimburse Boardmembers for actual reasonable expenses necessarily
incurred on behalf of the District or in the discharge of oEi" dutiest'
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Section 205. Board Member Ouslificatioaa A Board member must be a qualified voter who
resides in the District and maypot be an elected official of any =ovemmental entity that has the
authority to appoint a member of the Board.
ARTICLE III
Construction and Issuance of Bondi
Section 3.01. Concubine En& The Board will choose the Consulting Engineers; for the
Project and Joint Tnummission Iioe sod may shame C^,oosulting Engineers at the option of the
Board.
Section 3.02. Construction of BWIW and Joint Tranumbsion Lim 7be District WM to
tae Its best efforts to issue its Boods, payable from sod secured by Aonasl Psymeata made under tiais
Contract, to acquire and construct the Project% includin= the Joint Transmission lice, wbee and as
healed, as dete:mined by the District, to supply transmission service to Deowe and treated water
to other Participating Members and other Customers. It b anticipated that such acquWtion and
construction of the Project will be in phstaw acct that emb phase will be dnsaoed by the Diitriet
tbrou;h the issuance of one or nbre oaks or issues of its Book and the Diaries aBrsa to use its
but efforts to iaae its Bonds for such pi-pow. Bolds abo atsy, at the discretion of the Diarict. be -
iswed to refund any Bonds, and be Issued to easead, edsr'e, t epsir, noovate, eq* Wru%
maintain and otherwise improve the Project. DYaict span that such impror'amoto wM be made
• in accordance with generally accepted enosee iq pracdoea It Is antkpated that itch improvaaeot
will be fmsowd by the District through the issuance of one or more series or Issues of its Beads
payable from and secured by Annum payments shade under this Contrast.
District and Denton agree that Denton Is participstial only in that part of the Project
• •
referred to herein as the Joint Transmission Liao and accordingly, Denton shall Gave oo fuuocial
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responsibility under this Contract for Bonds or for other expenses of the District other than those
misted to the Joint Trsumistiom Ilne,
Section 3.03. Bond The proceeds from the sale and delivery of such Bonds may
be used to fund to the extent deemed advisable by the District a debt service reserve fund, a
contingency fund, and interest on the Bonds during construction; and such proceeds also will be used
for the payment of the Distria'a expenses and cats In connection with the Project (including all
engineering and design oats and expenses and the coat of the land wad interests therein related to
the Project) sad the Bonds, including, witbout limitation, all Qmancsng, legal, printing, and other
expenses and coats related to the issuance of such Bond, and the Project.
Section 3.04. @2pd,$MIWIp Each Bond Resolution of the District da specify the exact
principal amount of the Booda to be issued thereunder, which shag autum within the medmum
period, and shall bear interest at sot to exceed the maximum most then permitted by law, and each
Bond Resolution shall aeate and provW far the maintenance of a nmvmmum fund, an iaterest and
siaiwtg fund, a debt service save fund, and any other funds doeesed adviuirk, all in the man=
and amounts as provided in loch Bond Resakdoo. Dentoo grans that if and when such Hooch am
actually lsaued and delivered to the purchaser thereof, bt thm pttrpoae of acquiring and consuvctiag
the Joint Transmission Line, the Bond Resolution authorizing the Bonds shall for Ali purposes be
deemed to be in compliance with this Contract in all respects , ad the Boo& lusted tistrounda will
constitute Boodr as defined in this Contract: for all purpowL
• Section 3.OS. jBjp+ litanaeaiaefea Line District and Denton agee that Dentaa's
participation in Project Is limited to the Joint Tmnsmission Lice planned by the District to connect
to the Denton water distnbatioo system at Lillian Muller Parkway sad Interstate 35E. Denton will
participate on a pro rata buis in ovenizing the line in accordance with the limit, size and capacity
• • o
' outlined is Exhtbit'A', which is attached hereto and incorporated Into this Contract for all purposes.
The Joint Transm::3oc Line delineated in FAWbit A hereof shatl be constructed and financed by
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District. During design and construction, District shall have sole possession and control of the Joint
Transmission line. _
ARTICLE rV
C)gMtinff Reauiremeats
Section 4.01. Water Sales. In separate contracts, District has agreed to deliver potable water
to Customers other than Denton. However, no sales of water by District to Denton are
contemplated in thin Contract
Seettoo 4.02 District agrees to provide for the Joint Transmission line
between the points and along the general route and with the capacity delineated in EahM A
attacbed beretm Denton may transport water owned by Denton through the Joint Transmission Line
up to the peak day capacity provided for in E xhtbit W.
Section 4.03. jldfdGgptt'giljp~t
(a) Denton will Nrahh, install, operate, and maintain at its expense the oeo mmy
equipment and devioes of standard type required for measuring the total quantity of treated water
delivered through the Joint Transmisdon Use for Demon's benefit The District will furnish, install,
operate, and maintain at its expense the oeoewasy equipment and devices of standard type required
to measure the quantity of waa delivered to Customers other than Denton. Such meter and other .
equipment so installed by Denton a DWA dball remain the property of Denton and the District
respecth*. Each Party shah inspect, eaMrste, and adjust its meten a lent annually as aeoemy
• to maintain aoetsate messwe■ena of the gwntity of treated want being dalh ed. Bach Member
shall have access to the metering equipment for measurement of its water at all reasonable times for inspection sad eaamleation, but the read+'og, calibration, and adjustment
thereof shall be done only
by employees or ageets of the owner of the meter. U requested, the atfeeted poly may witness such
• • •
reading, calibrodoo and adjustment of meters. All readings of meters will be entered upon proper
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books of record maintained by Denton and the District. Either party may bave access to mid record
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books during normal businestbouts.
(b) Either Denton or the District may request, in wtidng, that the other party calibrate
any meter or meters affecting its cat of charges under this Contract is the praeace of the requesting
party. Either party will matte up to one (1) such c«lbrations in any fiscal year at no charge to the
requesting party. Ail requested cabbradom in excess of one (1) will be made at the C"M of the
requesting parry, wept when the socurary of the meta is beyond the limits of commercial accuracy
in which cue the owner shall bear such expense. u for any room any mats is out of service of
out of repair, or 4 upon any test, the peocentage of inaccuracy of any meter is found to be in euseeu
of commercial accuracy (which unless otherwise agreed to shat be considered to be plus or minus two
(t 2%) petxat, registration thereof shall-be corrected for a period of time exten"S back to the
time wben such inaccuracy began, if such time is ucertdnsble,
and if not ascertainable, then for a period extending back one-half (M) of the tune elapsed done the
date of the last calibration, but in no erect further beck than a period of d: (6) months.
(c) ff either party at any time observes an apparent error In meter rodaaadoo or reading,
Mich parry will promptly w* the other party. Wben agreed, the pardes bereto shat then cooperate
to procure an immediate calibration test and joint observadoo of any adjustment and the name meow
or metes shall then be adjusted to axuracy. Each pasty"Siva the other party fo 4*t (49)
hours' coda of the time of all teats of metes so that the other party may cooveniv* have s
• repraeatative preseat.
(d) If for any reason coy metes are out of repair so that the amount of water delivered
cannot be ascertained or computed from the reading thereof, the water delivered through the period '
• such meters are out of service or out of repair shall be estimated and greed upon by the parties L •
hereto upon the basis of the but data available. For such purpose, the best data available shall be
deemed to be the registrddon of any check meter or m. tea if the same have been insta3ed sod are
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accurately regWerinj. Otbe~ the amount of water delivered during web period maybe estimated
by correcting the errs "Ise pereentage of the error is aroertaiasbie by ahbmtion tau or
mathematical akulatioo, or (u) estimuiog the quantity of delivery by delivedea during the pfewdiog
periods under sim>1ar eooditioma when the meter or meter were registering aaurately.
Section 4.04. Unit of Measurement. The unit of measurement for treated water delivery
from the Jolmt Transmission Line hereunder oW be l,00J gaUam, U.S. Standard Liquid Meawee.
Section 4.0.5.
(a) Denton agrees to provide ingress and egraa for Disuiv employees and Meats to all
its premInside Demon's boundaries to install, operate, inspect, test, and maintain faalities owned
or maintained by District within corporate or jurisdictional limits of Member.
(b) District Wm to provide Ingress and egress for Dentomis employees and agaots to
all Precision under contrd of the District to Wstall, operate, unspent, test, and maintain hailities, and
read metes owned or maintained by Denton
Seaiow 406
(a) The governing body of em b Cuataena annually may appoint one of the semi of
its governing body or one of Los employees as a member of the Cstosow AdAmy Council fa the
District, which Cajod is bereby treated and established The Cbunudl sW Went a (beirmao, a Vice
Cbairmao. mad a Statuary. Tim Caswell may establish bylaws pv nft 6e n wdm of olLloesa,
meeting dates and Odw seam perch t to its llrwodmw. Thw Cowell dW on" wMh ad advise
• the District wish regard to the 6ol miq mattes pertaining to *e DMft
m TIM issuance of l3ondis-,
(b) The operation mad mainteaaace of the Prot, including Joint Tmaimbsioo Line,
(ib) Contracts for aefvices to Oistomen;
(iv) The D'istrict's, Annual Budges, prior to its submission to the Board; and
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(v) Improvements and extensions of the Project The Council shall have access to and
may inspect &jreasonable times all physical elements of the Project and all records
and accounts of the District pertaining to the Project
(b) The term of membership on the Cousin shag be at the pleasure of each governing
body represented, respectively, and each member shall serve until replaced by such governing body.
AU expenses of the Couaca7 in discharging its duties under this Section shall be considered as an
Operation and M&Wtena= Eapease of the Project
Section 4.07. Water CosM Wdon Plan and Drought °"It°gc"L"
(a) Denton and District agree that water transmission servim may be limited or ctutatiled
by either Parry in its respective share of Joint Tra ssmfnion Line in the event of an emergency or
drought Denton and District agree to coordinate the implementation of any action to limit
trammissioo services to mialmiae adverse impact on either pates operation, and oc adequacy of
service, and to promote public understanding of the need fa and terms of such lhnitatioo or
curtailmeat
(b) It is the policy of the District to prepare, adopt and maintain a regioml water
conservation plan which incorporates Ica; reduction meaaa ve and demead management practiosa
which insure that the available supply of water is used in an ocossomicany efficient and
eaviroomeatalllr sensitive manner. Similarly, it Is the policy of the Lionel to propate3, adopt and
maintain a drought and emerpsatcy eontiagency plea fat water mqo* to Qtctomma. &4 Member
• that purehaaes treated water from the Projeta apes to coopmate in the implementation of both
plans and to adopt and enforce arch or similar plans for use within their reapeedve jurWkdoos,
Section 4A Qm2malm Denton and District agree to provide for and to include in .
the Joint Transmission Line and featies connected thereto, adequate aas connection control t
• • e
measures as necessary to meet regulatory requitemea4, to protect the health of customer and to
conform to generally accepted industry standards
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ARTICLE V
Fwal Provisions
Section 5.01. eapyhd Requirements Subject to the fermi and provision of this Contract,
the District wail provide and pry for the oat of the acquisition, coortruction and improvement of the
Joint Transmission We, by bsvhag its Bonds in mnounts which wail be suTiicient to accompibh such
purpom It Is sclumAedged and agreed that psymenn to be made under this Cootmct and sim0mr
contracts with other Customers and Additional Participating Members, hf any, will be the primary
source avat'l" to the Districi to provide the Annual Requirement In mapWnce with the Districts
duty to fu and from time to time to mvbe the rata mad charges !or servioms of the Joint T msmbdoo
litre, the Annual Requirement any change from time to des. Each such Annual Requirement shall
be allocated between Dentoo and other Customers of the District m barshmAer provided, and the
Annual Requirement for each Annual Payment Period shall be provided for in each Annual Budget
and shall at al them be not less than an amount r:mciaat to pay at provide for the payment ob
(a) An %V mdoo and Maintenance Coopoaaot' agwl to the smonot paid or payahb
for a0 Opetedon and Mdotaaaaoe apmes of the Joint Tram "as lim nerd
(b) A %ki" OmpotseW related to the Joint TlrstaanWm Une equd to
(t) the priocipei oG redemption proeitm, If soy, ad b►taeat on, in Bank a
&A pbci* premitm If any, and blstmt becoes due, Imes
faun to be paid out of mood promA or 6ow other ww m if permitted
by may Doed Resobstkwe ad d srotmts rrsgsstnd lo ertL--m am Doeds prior
to maturity who and a presided In may Bood Reaobttioo, phu the fee,
1 ewpeamm and cbarga of each paying agenftpstrar for paying the prbcipd a -
• of and interest on the Bonds, and for autbeadcatiog, regbteriag and
transferring Bonds on the registration books; and
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(2) the proportionate amount of any special, contingency or reserve funds
requirecko be accumulated and maintained by the provisions of any Bond
Resolution; and
(3) an amount in addition thereto sufficient to restore any deficiency in any of
such funds required to be accumulated and maintained by the provisions of
any Bond Resolution; and
(c) An amount deemed appropriate and necessary by the Board to be required as a
special reserve for operation and maintenance ergxases of the Joint T rommissba
Line or for capital improvements. Any such reserve shall be used as operating capita
for Operation and Maintenance Expenses and for emagency expense 'Ibe normal
level of such reserve shall not es~eed 1376 of the annual Operation and Maintenance
Expense (estimated to be approgmatey three (3) moods expenses)
It is speeiScally agreed that Denton's Share of Annual Requirement thaw be limited to that
portion applic" to Denton's shan of Joint Tranwisdo s Use.
Section S.U QOa{lil Bach Annual Budg~tt of the District shag always pry for
~Jldr>~
amounts sufficient to pay the Annual Requ i eaeot. The Antoci &Wpt for the Joint TlremAnion
Lice for dl or coy put of the Annual Pgmeat Paiod &a* which the Joist Tranamidou Use is
first planed into opmdoo shall be prepared by the District based no estinow studs by the District.
On or before June IS of each you sha the Joist T,ammboloo Lisa b one placed in open doo the
• District shall finish to Denton a p dwdouy etim ue of the Annuai Payss of mqudted Eroo each
Member for the oats following Annual Payment Palo& Not lots than ferry days before the `
commencement of the Annual Payment Paw after the Joint Transmission Liao is am placed into
• operation, and not less than forty days before the commencement of each Annul Payment Petlad L • •
i
thereafter, the District shall cause to be prepared as herein provided its preliminary budget for the j
Joint Transmission Line and the Project for the next ensuing Annual Payment Period. A copy of
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such preliminary budget shall be flied with cub 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 amendments thenxo M
the Board may deem proper. The budget thus approved by the Board shall be the Annual Sudga
for the aead ensuing Annual Payment Period. The Annual Budget (in Wing the .ire Annual
Budget) may be amended by the District at any time to transfer funds from one account or fund to
another account or fund so long as such transfer will not increase the total budget. The amount for
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 tool amount of the Annual
Budget to be eameeded; provided that such action "be taken only in the event of as esser>ency
or special circumstances which shall be clearly mated in a resolution at the time rich action Is taken
by the Board
Section S.03. Pavmeats bX Quiorl For the services to be provided to Denton under this
contract, Denton arm to pay, at the time grad in the matoer berewafter prwided, itr proportionate
share (Annual Psymont) of the Annual Requirement Denton AA pay its pert of the Annual
Requitement Sor each Annual Payment Period dhndy to the District, in moatby loWlawls to
accordance with the scbe&* of payments furnished by the DbWck as hKeinaRa provided
Sect 3.04. Fiscal . It it provided that In adoadog code for setvioaa, the Dbbkt Is
rpedfially authaieed, in its discretion, to iodide In arda eulmae of costs room" woulbudm
• to Resaw Prods or to wane that the Annual Payment Period may cog wove average opentioo
and maiateaaoa enpenae due to weather or other radon costa. Thk final Policy is
exprosly approved by the Participating Members and Is deemed by the parties hereto to be beneficial
• in the fiscal management of the Project, and will enure the timely r ailablUty of hods even under • •
unexpected circumstances. Upon receipt during ray Annual Payment Period of an rarouat sufficient
to meet the then cur rent Annual Budget of the Project for the remainder of the then c,..aent Annual
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Payment Period, the District shall deposit subsequent revenues received into appropriate reserve or
contingency accounts, unins,Qtberwise specifically hercinafter provided in the event of uoeq=ted
or additional Annual Budget requirements. If there is a shortfall in teveoues, the District may
withdraw from the reserves, adjust the Annual Requirtsoent, revise the payment schedule of do any
combination thereot
Section 3.03. Redetermination of The Annual Requirement, and each
Member's share thereof (Annual Payment), shall be redetertaioed, alter oomuha W with each
Member, at any time during any Annual Payment Period, to the extent deemed neoaury tx advisabb
by the District, if
The District commences furnishing services of the Project to aA Additional
Participating Member or Qsstoote,
(b) Unun4 essraor*sM, or w=poed expendidsros for opersdoo and sseiatmaooe
expenses are mquked which are not provided for in the Diabb's Annual Budget of
reserves for the Project;
(ih) Opentice and maintenance expenses of the Project we substuW* leas than
estimated-
(i) District boa Bonds which require to iaesnne is the capita flompooeot of the
Annual Payment; at
(v) The District tsuod either aigoiOandy saare or sipidosaily Ism sevan+rea or other
• amounts than those anticipated
IT the Annual Regaoresaent is redetermined, Member will be advised of the Adjusted Annual
Payment.
Sectfoo SZ Denton bereby ageen that it will make ti
• • •
• payments to the Distsin required by this Contract within 20 days of the data s b01 for service is
rendered If De-rein at any time disputes the amour0 to be paid by it to the District, Dentnn shall
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nevertheless promptly make such payment of payments; but if it is subsequently detetmined by
agreemeat of court decision thiat.such disputed paytents should have been less, or more, the District
shag promptly revise and reallocate the charges is such manner that Denton will recover its
overpayment or the Dist:ia will recover the amount due it Ail amounts due and owing to the
District by Denton or due and owing to Denton by the District shall, if not paid when due, bear
interest at the rate of tea (10) perre t per annum from the date when due uoW paid.
Section 5.07. Dsh&=LB& The District shag, to the extent permitted by law, suspend
the delivery of services under this Contma to any Member which remains deiino tin soy payments
due hereunder for a period of slaty daps, and shag not resume delivery of savicea while such Member
is so delioquemt. However, the District shag pursue all legal imago against my mxb degaqueat
Member to enforce acct protect the rights of the District, the other Members, and the holders of the
Bonds. The de Uogtseot Member shall not be relieved of the Wbility to the District for the payseast
of all amounts which wmW have beam due haetmder had an, de&A ocavad at the peeoeotap had
not been redetermined err provided In this Section. It is understood that the kwegoiog provisions are
for the be wilt of the bolders of the Boods so a to insure that all of the A=W Regtdtee mat win
be paid by the ooode ioqueot Members during each Annual Psymeat Pe s regardless of the
delinquency of a particular Member. If any noomt due and owing the District by any Member is
placed with an attorney for ooikeeio % such Memb r shall pay to the District aS attorneys fem, in
addition to all other payments presided for bwals, Including laterait.
• Seam SAS R during any A=W Payment Period, any
member's Annual Payment h redetermined in any mormer as provided or required In the torogoiog j
sections, the District wig promptly furnish such member with an updated schedule of monthly i
payments reflecting such redetermination :r
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ARTICLE VI
Mistallamus Prmisk" and Special Conditions
Section 6.01. Ooeration and Mein roe of Protect, Tice District will oontinuously operate
and maintain the Project in an efficient manner and in accordance, with good business and
engineering practices, and at revocable coat and expense. The D'utr;a reoopita its right tad duty
to operate the various facilities of the Project in the most prudent and economical manna for the
benefit of all Customers.
Section 602. P roiect Sched_!e It is the intent of the parties that the Project, including the
Joint Transmission Line, will be placed in operation as soon as practicable, and the District afros
to proceed daigeatly with the design and construction of the Project to meet such scbedrrle, subject
to the other terms cad conditions of this Contract
Section (L03. PetmhL Financing L„d &M 'mil, Laws. It is understood that coy obligations
on the part of the District to acquire, oomtruct and complete the Project and to provide traced
water from the Project to the Members shat! be. (i} conditioned upon the District's ability to obtain
all necessary permits, material, labor, cad equipment; (o) conditioned upon the ability of the District
to finance the cat of the Project through thin acdsd sale of the District's Book- and (iii) subject to
all praeot and future valid lava, orders, rules, and regulations of the United States of America, the
Slate of Tana, cod r.;w mph" body bsviog jurhdictim
Section 604. 7UW to aG won its the Joint Tranmisdoo
• Liao shah be in the District and Denton respecth* in the propostioas tr "itely "vexed to
Denton and to other Automas out of water carried In the Joint Tnmriasioo UnL The District
r"
and Denton shall save said boil each other harmless from all claims, demands, aW causes of action
' which may be averted by sayooe on account of the tramporutioo and delivery of Bald watts while y
• • •
title remains in such party.
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Section 6.05. Payments Solely From Revenues. The District shall never have the right to
demand payment by Denton of-aay obligations assumed by it or imposed on it under and by virtue
of this Contract from funds raised or to be raised by taws, and the obligations under this Contract
shall never be construed to be a debt of such kind as to require Denton to k°vy and collect a tax to
discharge such obligation. Nonetheless, Denton may make payments from t: water and wastewater
(sewer) system revenues, or frrm any other lawful source.
Section 6.06 y►+ g EMnses. Denton represents and covenants that all payments to
be made by it under this Contract shall constitute reasonable and necessary 'operating atpeosea' of
its combined waterworks and sewer system, as defioed in Vernon's Ann. Tar. Clv. St. Article 1113,
and that all such payments wW be made from the revenues of its combined waterworks and sewer
system or any other lawful source. Denton represents and his determined that its participation In
the Joint Transmission Lne is absolutely necessary and essential to the praeot and future operation
of its water system, and, accordingly, all payments required by this Cootrad to be made by Denton
shall constitute reasonable and oeoestary operadug estpenses of its rra wWre ryatem as described
above, with the efYeq that the obligation to orate :itch payments from tevenua of suds ryatams shall
have priority over any ob6p6m to make any paymena farm such revenues (whether of priocipel,
interest, or otherwise) with raped to all bonds or other obbptioos beretoforxe or bereafter issued
by Denton
Section 6.07. Denim agrees througbout the term
• of this Coatrad to oonttauoudy operate and mafatain its wataworb system, III wastewater (Sewer)
system or both, and to Q~ and collect such rata and charges for water services, wastewater (sewer) '
services or both to be supplied by its system or systems as aforesaid a will produce je ues In as
amount equal to at least (i) all of the expenses of operation and maintenance expense; of such rystem _
• • of
or systems, including tpeciCually, Its payments under this Contact, and (ii) all other amounts as
required by law and thz provisions of the ordinanw o. resolutions authorizing its revenue bonds or
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other obligations now or hereafter outstanding, including the amounts required to pay all principal
of sad interest on such boods4nd other obligations.
Section 6.06. Use of Funds and Pro ject The District covenants and agrees that neither the
proceeds from the sate of the Bonds, not the moneys paid it pursuant to this Contract, nor any
earnings from the investment of any of the foregoing, will be used for any purposes, acopt those
directly relating to the Project, including the Joint Transmission Line, and the Bonds as provided in
this Contract; provided that the District may rebate any escas arbitrage arninp from such
investment earainp to the United States of Ameri a in order to prevent say Bonds from becoming
"arbitrage bonds' within the meaning of the lnteraai Revenue Code of 1986 (the 'Code' or any
amendments thereto in effect on the date of issue of such Hondo Denton ooveoaats and agrees that
it will not use or permit the use of the Joint Transmission Uw in any mama that would awe the
interest on any of the Bonds to be or become subject to federal income ta>suioo under the Code or
say amendments thereto in effect on the date of isnte of such Bolds.
Section 6.09. Rijn-o[.Wav. Denton bereby gsmu to the District without additional sat
to the District, the perpetual use of the streets, eamments, and rigltta;4-% y under its control for the
omtructh m4 operation, and maintenance of the Joint Transmisdon LJae purwmt to a usched F:hbit
"A plus 1' a line proposed to be connected therm to ttavs the City of Clorioth and Labe Cities
Municipal Utility Authority. As a condition of tmw of such weld, eaaPM 11 : sad to"-way,
District shy I mate the mpaiu to restore the street, WWp or pub do rVa of way to tbelr
• original condition.
Section MO. RecogAing the reset that Denton , .
desires the facilities and services of the Joint Traosmistion Line, end that tueh facilities and service
are essential and neceaury for actual use sad for standby purpotet, and reoopWag the fact that the j
• •
District wig use payments received from Denton to pay and secure its Bonds, it Is hereby agreed by ~
Denton that it shall be unconditionally obligt:ed to pay, without offset or counterclaim, its
1P6►~atacii
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;-;,&4 N Ron MOM 41
•
proportionate share of the Annual Requirement, as provided and determined in this Contract
regardless of whether or w0he District actually acquires, constructs or eomplztes the project,
including the Joint. Transmission Line, or whether or not the District or Denton is able to deliver
water through the Joint Transmission Line, whether due to Force Majeure or any Meer ressoo
whatsoever, regardless of any other provisions of this or any other contract or agreement between
any of the parties hereto. This covenant by Denton shall be for the benefit of sad enforceable by
the holders of the Boods as well ss the District.
Section 6.11. jpi oM The District agrees to tarry and arrange for fire, casualty, public
li"ty, and for other insurance, inducting self insuraooe, on the project for purposes and In amounts
which, as determined by the District, ordinarily would be carried by a privately owned utility oDmpany
owning and operating such facilities, exeoept that the District shall not be required to provide U" q
insure ice except to insure itself against risk of loss due to daims for which it an, In the opinion of
the District's legal counsel, be liable under the Texas Tort Claims Act or soy similar law or judicial
decision. Sueh insurance will provide, to the extent feasible sad pcaWcabbr, for the remmdon of
damaged or destroyed ptoperties and equTment, to mWmbe the interruption Of the secviees Of PA
facilities. All premiums for such insurance shall constitute as Operation ad Maintenance Fapense
of the Project.
Section 612 $ Tire p riles hereto admowle* and agree to the Spedai
Provisions whM are test froth In BthM B bK to which BIbit Is inoarporOW betels for all
purposes. The SpacW Proviiom for this Contrad teaect ekamtstaaoes a less fur Dental which
may be different from those at other Outomers and therefore comtidnte a modi8ad a of or
requirement in addition to the standard provisions otberwie contained in this Contras.
ARTICLE W • j
Section 7.01. Fora Maieura if by reason of force majeure any party hereto shall be
rendered unable wholly or in part to carry out its obhgations under this Contract, other than the
ns►rasrana 79
82
obligation of each Participating Member Fo tnalte the payments required under this Contract, then
if such party sball give notice sled, full particulars of such force majeure in writing to the other parties
within a reasonable time after occurrence of the event or awe relied oa, the obligation of the party
giving such notice, so far as it is affected by such fora majeum shag be suspended during the
continuaace of the inability then claimed, but for no longer period, and any such party shall endeavor
to remove or overcome such iaab>Yity with all reasonable dispatch. The term 'Force Majetm' a<
employed bereia sball mean acts of God, strikes, lockouts or other industrial disturbances, acts of
public enemy, orders of any kind of the Government of the United States or the State of Taos, or
any Civil or military authority, lourrectioa, riots, epidemics, landslides, lightning, earthquake, foes,
hurricaaa, storms, floods, washouts, droughts, arrests, restraint of government and people, cK
disturbances, cgkWooa, breakage or w:cideats to ma*Ioery, pipelim or cui* partial a eodre
(allure of water supply, or on account of any other causes not raaooably, within the control of the
party cUlmiag such inability.
1
Sextioo 7.M Term of Cootraet M Ceahaet shall be effective oo and from the t =Wwt
Date, sad shag coatiove in force sad effect for thirty (A years or for such period of time that Hoods
issued by the District W the Joint Transmission Lice resnan outstaading, whichewx Is greats;
provided, bowever, the term of the Coohaet and the atphatiuo date may be adaaded for a period 1
not to esaeed 20 yeah at the option of the Participating Mosher, upon the msttual apmeniW of the
Participating Member ad the Dishier as to the two ad omWkkm The DtgrWe obliptim to
• provide the contracted for services shag commence boat the date that the Dbakt, in wrkfog, deems
the Joint Transmission Line to be operational ad kwcdoaA 'Ibis Contract conaitutes the sole
agreement between the partes hereto with respect to the Joint Traosmision Line.
Section 7.03. hjgdWQjM No change, amendment or modification of this Contract shall
• • O
be made or be effective which wig affect adversely the prompt payment wbea due of all moneys
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required to be paid by Denton under this Contract and no such cbaagr, amendment or modification
1 shall be made or be effective 4h would cause a violation of any provisions of any Bond Resolution.
Section 7.04. Addresses and Notice. Unless otherwise provided herein, my notics,
communication, request, reply or advice (herein severally and collectively, for conaeuience, called
'Noticel herein provided or permitted to be liven, made or accepted by say party to any other party
must be in writioj and may be liven or be served by depositinj the mace in the United States mall
postpaid and m&tered or certified anal addressed to the party to be notified, with return reodpt
requested, or by delivering the same to an officer of sueh party, or by prepaid te>nram when
appropriate, addressed to the party to be notified. Notice deposited In the marl in the manna
bereinabove described shall be conclusively deemed to be effective, unless otherwise stated herein.
from and attu the expiation of three days after4 is so deposited. Notion Oven in any other Maw
shall be effective only if sal when received by the party to be notified For the purposes of ooft
the addresses of the parties shall, until changed as hereinafter provided. be as foiloas:
U to the District, to
Upper Trinity Rgional
Water District
3% w. Maio Street
P. O. Drawer 303
Lewirvive, Tatar 730ti/
U to City o(DOGIM W.
Mom" Direct" of Utilities
My of Da tea
• 213 last MaM" Serest
Denton, Taos 76201
r
The patties hereto don have the riSht from time to dm anal at any time to cbser tbeir
respective addresses anal each shall have the ttgkt to spa* as its address any other address by at
• least fifteen (M days! written notice to the other patties hereto. L • •
Section 7.03. auto or Federal Laws. Rules. Q&O or Resyla 71W Contract is subject
to all applicable Federal and state Iaws and soy applicable permits, ordinsaas, rules, orders and
j
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regulations of any local, state or federal governmental authority having or asserting jurisdiction, but
nothing contained berein sh" construed as a waiver of any right to question or contest any such
law, ordloanoe, order, rule or regulation in any forum having jurisdiction.
Section 7.06. Remedies Upgo Defaul It is not intended bereby to specify (and this Contra
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 equity may be availed of by any party hereto and shall
be cumulative. Recognizing however, that the District's undertaking to provide and maintain the
Project Is an obligation, failure in the performance of which eauoot be adequately eompemted in
money damages alone, the District agrees, in the event of any default on its part, that each
Participating Member shall have available to it the equitable remedy of mandamus and spec&
performance in addition to any other leSW or equitable remedies (other than termination) which may
also be available. Iteoogomng that failure in the performance of soy Participating Member's
obligations hereunder could not be adequately compensated in money damages tone, each
Participating Member agrees in the event of any defauh oa its pat thin the District shill ban
available to it the equitable remedy of mmdamts and specido per6onamoe In addition to any other
legal or equitable rweatedies (other than uxmioation) which may din be rva0a61e to the Disbid.
Notwithstanding anything to the contrary contained In thk Contract, my tight or remedy or any
default hereunder, except the right of the District to teeelwe the AwW Prysarht whieb shall ttnver
be determined to be waived, snail be doomed to be eoodudveiy waited tdm waged by a proper
0 proceeding art low or In equity within two (2) yarn phis an (1) day after the oorw Pnoe of snub
default. No waiver or waivers of any breach or d drA (or toy breaches or doom") by any Party
hereto or of performance by any other party of any duty or obligation heteuodec shall be deemed a
waiver thereof in the future, nor shall any such waiver or waivers be deemed or construed to be a
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waiver of subsequent breaches or defaults of any kind, cbaracter or description, under any
circumstance.
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Section 7.07. Smrsbaity. The parties hereto speciScaUy &V= that in can any one or mart
of the sections, subsections, p~evisiom, clauses or words of this Contract or the application of such
sections, subsections, provisions, clauses or words to any situation or cimum Lance should be, or
should be held to be, for aq reason, invalid or unconstitutional, under tbs lawn at o mdtudom of
the State or the United States of America, or in cmu vadom of any such lawn or constitutions, such
imv"i% unconstitutionality or contravention shall not affect arty other- sections, a&ecdom,
provisions, dausn or words of this Contract or the Application of suci: sections, subsections,
Provisions, dames or words to any other situation or circumstance, and it is intended that this
Contract shah be severable and shall be construed and applied = d any such invalid or
tuoomtitudonal section, subsectk% Ptovmkxk clause or word had not been included berein, sad the
rijhtr and ompti0m Of the parties beretasha0 be construed and remain in force aeoordf
Section 70t YpyD, AD amounts due under this Com rset, ioehtdin f, but not Draited to,
Payments due under this Contract or damasea for the brerh of this Cb•rract, shall be paid and be
due in Deatom County, Tetas, is the Comy in which the primdpd adasinistrWwe afliaa of the
District are located It is specl&Wly appaeed assrrtj the pectim to this Cmum that Denton Cana,
Tetras, b the Plane of p ftesnom of this Comma; and is the ev" dat auy lepl 1 m P I I dittd Y
brouibt to aatorne this Contras cc any provision ba*A the snore sW be Isrousht In Denton I
County, Tenon.
W Wn?= W WF, tM pwdw Isarato ae* uadsr a stbaritp of their respada
owm inn bodies bae creed this Contract to be duly meeuted in rowaral ooaobrpw% each of w6idt ,
shall constitute m on final. all as of the day amd year Mt abowe writtaq which is the date of this
ContrwL
,
rt~tasar.osr.e
p83
l_ J ;gyp r Z,, l .r1`,
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arUPPER 'IRI UN REGIONAL WATER
DISTRICr
BY: !2~
ATT7:ST: Praidea4 Baud of Dirwim
/ d~✓lt' ~aa7~7~dr~
S9 and of omam
/
(AUTHORITY SEAL)
APPROVED AS TO FORM AND LEOALITY:
Coumel for the Diitiee
CITY O IIVTON.
ATTEST.
JIM ER WAL7ERS, CITY SECRETARY
OVM) AS TO LEGAL FORM:
DEBRA A. DRAYO
VfTCK QTY ATTORNEY
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EXHIBfT B
1 TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY
REGIONAI,VATER DISTRICT FOR PARTICIPATION IN A
JOINT TRANSMIMON LINE
SPECIAL PROVISIONS
The provisions of this Eahebit B form a part of the Contract and are applicable to the Upper
Trinity Regional Water District (the 'District j and to the City of Denton ('Denton] an if set forth
in their entirety in the body of the Contract
1. The District well construct the Joint Transmission Une a a part of the project as
defined in this Contract The District well owe the Joint Transmission Live, including the right-of-
way, en xpt as otherwise provided herein. The District will coordinate routumg, design and rightof•
way acquisition with Denton, Within the City Limits of Denton, the District's improvements shall
not unduly oooW with any Denton meta plea for land development District and Dentoo agree
to coordinate future joint use of said rights-d-way, within Denton for underground utaities. District
and Denton agree to coordinate arrangements for W&M or adjoining emements and other rights-of-
way, including reciprocal use of Ouch easements for temporary use during omutructioo and for other
mutually beneficial purposes.
2. The District will provide the fttads to design and coostract the Joint lion
Line, including rightaof way. The Annual Payment by Denton to District will be based oo Denton
Participating in the Joint Thosmissioo line on a proportionate bask of rated capacity of the pipeline
according to EtdtM A. The balance of the Annual Requirement related to the Joint Transmission
Line will be paid by other Cbtomess of the District
3. Capita owls wM be assigned to Denton and the other Customers in proportion to
respective shares of rated capsoit) of the pipeline according to Eshabit A.
1. In aooordaaoe with the contract between Denton and District Lied July 21, 1992,
Treatment and
the Transmission SavW Initial Period (n the Joint Mined aid contract) shall be included
in the cat of water cha pd, to District. No additional com associated with this Joint Transmission
Line well be included in aid coat eJmpd to District.
3. Alta the labial Pw&4 District shall compensate Dogma for traaaportir l water
through the Joint Thnsmkdoo Line in accordance with acid July 21, 1M contract.
• or pwcbme aaemea or rWhis- dA within the City I of Doom an behalf of the District
the Joint Traaambsion Line. The District will raimbusse Denton for all direct oost associated with
Denton's e1% 1 to acquire the meow reprdkn of whether the easement is actually purchased
by either party. If requested by District and agreed to by Denton, Denton may exercise its power
of eminent domain on behalf of the District.
• 7. On behalf of Denton and District, Denton agrees to operate the Joint Transmosion • •
Line and to be respowible for normal and routine maintenance of the Joint Transmission Lice .
according to the standards of Denton's own water transmission and distribution system. Denton will
maintain reCO,-& of t*.e actual Cott of such maic'eMZCC and well send periodic report of cost to
District for reimbursement of cost in proportion to respective share of rated capacity of the pipeline
rr8tl8BP,0021 '
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according to E-Jubit A. District shall have reasonable scow to Denton's records to verify such costa
1 District hereby Wm that it will make payments to Denton according to the provisions of Sections
5.06 and 5.07 of this oontractFtihicb sections ue otherwise applicable to DeatoQ It in the opinion
of Denton, extraordinary maintenance sucb as pipeline replacement aseoding 1% of the length of
the pipeline is :equjred, Denton shall give written notice of such to District and District and Denton
shall mutua y determine which party shall take appropriate steps to awomplish such estmordinsry
8 Prior to completion of construction of the Joint Transaabsion L1W, Denton's
E=utive Director :ball develop a mutually satisfactory written procedure for coordinating the
operation and maintenance of the Joint Transmission floe and for notifying each other of any
activities which may affect the operations of the other party's system.
9. Until approximately 1996, Denton apects to deliver treated water to District through
the Joint TrmamLsioo Line for the benefit of otba Clstomm of District. 7Laeafter, the Dbtsict
expects to deliver treated water to Denton for transmission through Denton's tranm"ioe and
d'utdbution art= to City oof Corinth, Wee Chia Municipal Utility Authority, ad other Custom=
of District. In either case, the point of delivery of such water shall be at a mutually, agreeable
location at the south end of the Joint Transmission line at the apprardmaie location shown cc
Exhibit A.
10. Through the useful life of the Joint Tnuismissioo Lice, Denton and District agree to
mate the capWq of the pipeline nod" for emergency exchange of water for tba mutual beneR-
ot both parties. To tmpkmeat arrangements for emergency mmtbange of water, Denton's Emwtive
Director of Utilities sad District's Executive Director shall develop a mutusk saddactory written
protocol for such emergency eaehatir of water.
11. Usti the od&d capital cow are luny retired, Deotoa &aa pay itt am of the
Capital Component (as defined to Section 5.01 of this Cbotract) of the Joint Tnoaaissioo Lhu;
including future capital k 9rosaneota a ropbomnemts misted therew Mar rich caphal costa are
~ Pa Denton sW thereafter eontmue to pay IN share of as otbar cults defined to be part of
1L Denton ma purchase the Distria'i rights is the Joint Transmission Une aoooadiog
to the Wowing a Mnstasca and cooMoos:
that Its ahue of the
(a) Upo reasMag ~ hefroin District at aded for District purhi, - , dm poses; at
Joint 7lmaon Line Is m to
(b) Alter the District compides coasbuetioo atilt own water tratmeot plant, and
the District is so longer pu+chsdag treated water from Denton. Ica suds twee, Denton must = f
give notice of its duke to purchase the District's share of the Joint Transtabdoo Uoe from
District
13. Denton 9M purchase the rights of the District in the Joint Transmission Ube
• according to the following tirelmstancea sad conditions: •
(a) When Denton needs or uses more capacity in the Joint Transmission L1se
than its share according to Exhibit A, it :ball purchase the District's entire :bare of the
pipeline, unless otherwise agreed to by Denton and District
86
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(b) At the end of the initial term of this Contract, Denton shaU purchase the
Distda's entire dhuwe of the Joint Tran mbsioc Flee.
14. Mw price to be paid to District by Denton to pumbne the D istria's share of the JoW
TrInsmission
share,, Um Under puavs 6t 12 or 13 :boas sW be equal to the od&i cost tbered for the lei ubud depreciation pba► a cradle (cot to sacred said pwdma price) for
revenues received by District from Denton and orbs public ut!lidm for use of the
included in the Joint Trimmi m Lim Depredation eaFense will be computed on as shmal tf ~
basis oval a period not to mead thirty (A yeah, pot thu pmdoe of the pipeline owsed by
District, demoted to Pdit senior, For that porch of the pipeline owned by TWDB tinder a
pa tkipation averment, depeeciatim asperse sbatl slut item the District pt dummes she TWDWs
interest or five (S) yeah fiam date pipeline wet first used for puNk sewiee, whicbevar date Doan , '
Ent.
ik•
13. U Denton purchases the District's sbra of the Joint Tmnmai d m Floe tinder nay of ~
the p of dA Etbibit % District shag ooadoue to aujoy the r4m provided in this coatw
or
to deliver water a Denton; I D~ mod F Wit (1) to raeaisa water from Denton;
Pipes (3) to bra the right of ttoerpasrya of water through
the
16 if Demon dedea sod requests eha District to comew improvements ot Fostdd
swateoanca for Deame m part of the Joint Ttmash = Lb% which ar
appurtemnoes IN ON othatwYe assedtd by District, the Distort shay im a Ms Bends "A
improvements; end, Deafen sIW pay the entire Aamml itequinamem amoeiabd with arch
improv tin at amwtmmoes imtaeed for the sob beneQt of Daotm
17. Noft*b audios any psevybo in this Compract, Draft Ad bsaa no respood Nq
for nay potdm of the Project other dm thn Joint Tmosmt m Um
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SA LAGER PIPE LINE - FINANCING OPTIONS
• DENTON OPTION OPTION OPTION
FINANCE A B C
1997 $4,676.80
1998 577,149.59 S8,067.54 510,295.27 $1,632.41
1999 577,149,59 65,432.98 47,222.83 13,239.90
2000 577,149.59 65,560.20 47,304.72 19,285.14
2001 $77,149.59 65,415.76 52,313.68 25,379.46
2001 577,149.59 74,104.49 56,255.05 31,471.34
2003 $77,149.59 73,992.16 60,017.56 37,567.86
2004 $77,149.59 74,017.59 63,858.51 43,596.34
2005 S77,149.59 73,945.07 67,643.65 49,693.94
2006 S77,149.59 73,993.05 84,556.07 55,739.75
1007 $77,149.59 73,924.95 84,517.26 61,774.85
2008 577,149.59 73,958,78 84,536.54 67,879.24
2009 $77,149.59 74,078.18 84,604.57 127,249.49
2010 $77,149.59 74,045.01 84,585.67 127,216.32
2011 $77,t49.59 74,076.41 84,603.56 127,247.72
2012 $77,149,59 73,952.03 84,532.69 127,123.33
2013 $77,149.59 73,890.78 87,267.27 127,062.07
2014 571,149.59 74,097.53 87,328.13 127,26814
2015 $77,149.59 74,099.29 87,439.75 127,270.61
2016 577,149.59 73,893.22 87,205.66 127,064.50
2017 $77,149.59 74,165.08 87,277.04 127,336.40
2018
73 960.55
86,975.67 127,131.84
2019 73,982.66 86,828.13 127,153.96
2020 73,981.55 86,935.60 127,152.85
2021 73,942.86 86,130.65 127,114.15
2022 44,642.66
2023 44,345.58
2024 44,165.41
2025 43,959.29
NET PRESENT VALUE 5834,811.04 $7979245.55 $837,804.71 $8079717.94
(CONSTRUCTION COST ONLY)
NOTES: .
1. Net present value based on 6% interest rate
2. Denton option based on 6nancieg debt at 6% interest rate
3. Option A - Partial Denton flow it crtased to ultimate over 10 years.
Ultimate District flows, no state participation. 1
4. Option B - Ultimate flows for both City and District, State participation.
5. Option C - Ultimate District flow, no State participation. Denton's costs based
on oversize costs in first year, increased to full costs over ten years. Difference
repaid with interest.
hahom6%%cnglldo&sanger_fwk4 88
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91 EXHIBIT V
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SANGER WATER LINE
FINANCING OPTIONS
140
120
cr) (A
100
c .
w 80 _
00 0 60
~ 40 -
• 20
0o I
o
2000 2004 2008 2012 2016 2020 2024
YEAR
DENTON OPTION A OPTION B OPTION C
_ _ _ _Q..at=. a ,n,+'C ti ~ L~ ~ ' ~ l ~~1 ~ 4 J A ~ ~ ~ ~•h ~ f 1 4 ~ ~~Kh { l ~ r v
~ y . I . q~„,3~.}~' ~kNNpp~ I"[}~P ' y~~' ~ ~ C gs'~i t t~. y, ~`qG~ r2§' , ' ~,~~7y~!' ~t.'~.y
•
UTRWD PROJECTED FLOWS
FOR THE 1997 WATER YEAR
i
Jun 97 60,535,605
-Jul 82,395,306
Aug 71,468,940
Sep 54,123,408
Oct 62,994,665
Nov 48,949,565
Dec 47,175,886
Jan 98 50,796,338
Feb 48,504,330
Mar 49,803,766
Apr 50,931,287
May 98 72,005,985
Total Gallons 700,685,081
Water Year Volume (Gals) 700,685,081
Projected Water Revenues
Costs/1,000 Gals. Revenue
Raw Water $0.40 $281,535.27
Variable $0.30 $210,205.52
Fixed $0.62 S434,424.75
Total Revenue $926,165.54
Raw Water $0.40 5281,535,27
Treated Water $0.62 5434,424.75
Raw Water Volume Required by UTRWD (Gallons) 700,685,081
~Raw +W~yatteer Volume Needed Tyo~Proivide Wa`t~e~r~ Revenue t,081,196,491
4
9J~46w q~1R,y~►/,( r1iiele r+l /F.yy,~,. a ' t{iit''Y+~r
1,Q~i1 ~Y l{iflRit~~i ~VM~~' ~ td n,a ~qjy ~+^~t ~ ~ R22PP xv~';wFSNR` ~'~AS n'~h ~ q 2fra ..r., v..
• ANALYSIS SUMMARY
Total Treated Water Loss From FY 97 (4 months or 122 days) 269,523,259
Treated Water Revenue Loss From FY 97 5167,104
FY 97 Raw Water Sales Required to Satisfy Revenue Requirements 415,889,548
FY 97 Raw Water Sales Required to Satisfy Revenue Requirements (MGD) ` I,I39 c"
• Total FY 97 Raw Water Sales 1,055,734,548 • •
Total FY 97 Raw Water Sates (MGD)
3.892
Iota] Treated W..;cr Loss From FY 98 (8 months o. 243 days) 431,161,822 i
Treated Water Revenue Loss From FY 98 $267,320
FY 98 Raw Water Sales Required to Satisfy Revenue Requirements 665,306,943
FY 98 Raw Water Sales Required to Satisfy Revenue Requirements (MGD) T 1323 4 O
Total FY 98 Raw Water Sales 1,410,271,43
Total FY 98, Raw Water Sales (MGD)
_ _ i. u:o s... a 41'L~LLG{►4~.~.~...~.....w+...z - _ _ _
DRAFT: ONLY FOR DISCUSSM
Calculation of Asset Value and Capacity
To be Transfered to Denton
As Consideration for Donation of Pipollnes Serving Corinth and LCMUA
Denton Denton UTRWD UTRWD
Combined Denton UTRWO Percentage Capacity Percentage cap"
TOTAL Cost Cost Cost Capacity (Moo) Capacity (MOD)
27 Inch Equivalent Poo 521,264,19 344,03438 177,229,82 "An 9.439 34.00% 4.9112
20 Inch Poo 501,991.63 145,497,91 436,493.73 28.00% 1.925 76100% 4.818
18 Inch Pope 567,14217 0.00 567,142,17 0.00% 0.000 100.00% 4.900
Denton Improvements 42 659, 32 42 650 32 000 100.00% 0.000 000% 0.000
Toil
1,713,057.31 532,191.50 1,100,665,72
UTRWD Asset Current Value UTRWD Cowcoy
UTRWD Shore (MOD) Velue per Ta00
27 Inch Equivalent Pipe 177,229.82 466 30,482.04
20 Inch Pipe 438,493.73 4.118 89,837.17
18 Inch Pipe 567,142.17 4.90 116,743.30
_Denton improvements 0,00 000 000
Total 1,100,065.72
Asset Value Asset Value Corresponding
TOTAL Cradled Debited capacity
t~ 27 Inch Equivalent Pipe 34,847 38 (34,647.38) 0 958
.v 20lnchfoe 88,75982 (68,759.62) 0969
"O 16 inch Pipe 000 000 0000
- Denton Improvements 000 0 00 0000
i~ roar 121,607.00 (111,807.00)
I r I Revised Revised Rwhed Denton Donlon RMsed UTRWO Revised UTAWD
Combined Denton UTRWD Percentage Capsetty Percentage Capacity
TOTAL Cost Cost Cost Capacity (MOD) Capacity (MGD)
27 Inch Equtvaler}1Poo 521,284.19 318,691.74 142,362.44 72.68% 10.394 27.31% 3.806
I 20 Inch Pipe 561,991183 232,257 53 349,73411 30.01% 2.804 60.09% 3.806
I& Inch Pipe 581,142.17 0 D0 567,142,17 0.00% 0.000 100.00% 4.900
Donlonlmprovements 42,859.32 42859.32 000 10000% 8.000 0.00% 0.000
Total 1,713,057.31 653,7911.59 1,059,258,72
Denton Denton Assort Volut Denton j
Asset Asset Value Acquired Asset Value
TOTAL Value Donated Per Contract oumwwbeg
27 Inch Equivalent Pipe 376,881.74 34,847 38 71107.38 336,686.96
20 Inch Pipe 232,257.53 66,759.82 3,031,21 142,466,70
16 Inch Pipe 0.00 0.00 0.00 0.00
Denton Improvements 42,65912 000 868.74 41."M
Total (153,79859 121,607+10 11,007.33 621,104.26
es
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Si \NPDOCS \ORD\~71'RN~.OkD
Agenda No.JE14Q~--
Agenda Item
Date
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL ADDENDUM TO CONTRACT BETWEEN THE
CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER
TREATMENT AND TRANSMISSION SERVIC^S; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("the City") and the Upper Trinity
Regional Water District ("the UTRWD") entered into a July 21, 1992
Contract for Water Treatment and Transmission Services ("the
Contract") to provide for sale of treated water by City to UTRWD
and for transmission and delivery by City of limited amount of
UTRWD treated water from specified points to certain customers of
UTRWD, including the City of Sanger ("Sanger"); and
WHEREAS, said Contract provides in Section 6.9 thereof that:
"To provide such service to Sanger, UTRWD shall have the
option to purchase treated water from City at its posted
price for wholesale treated water, if such rate exists, or
at City's rate for large industrial customers, or to
request City to transport UTRWD's water according to the
provisions of this Agreement", and
WHEREAS, in lieu of City transporting UTRWD water for delivery
to Sanger, UTRWD desires to purchase water on a wholesale basis
from City for resale and delivery to Sanger, and City agrees to
develop a wholesale rate for treated water; and
WHEREAS, said Contract provides for transmission of UTRWD water
by City not only to Sanger, but also to the City of Corinth
("Corinth") and to the Lake Cities Municipal Utility Authority
("LCMUA") for UTRWD; and
WHEREAS, in general, City and UTRWD agree that direct delivery
by UTRWD of its own water is to be preferred over. any such
• transmission of UTRWD water by City; and
WHEREAS, City and UTRWD agree to cooperate on an alternative r
strategy that will enable UTRWD to deliver its treated water
directly to Corinth and LCMUA wit:iout transmission by City through
its water system; and
• WHEREAS, City and UTRWD wish to supplement the July 21, 1992 •
Contract For Water Treatment And Transmission Services; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an "Addendum to Contract between the City of Denton and the
/ I
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Upper Trinity Regional Water District For Water Treatment and
Transmission Services", a copy of which addendum to contract is
attached hereto and incorporated by reference herein.
SECTIQN Ii. That the expenditure of funds as required in the
attached addendum is hereby a,:thorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1997,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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S
ADDENDUM
TO CONTRACT
BETWEEN
CITY OF DENTON
AND
UPPER TRINITY REGIONAL WATER DISTRICT
FOR WATER TREATMENT AND TRANSMISSION SERVICES
THE STATE OF TEXAS
COUNTY OF DENTON 3
This Addendum (the'Addsndixn') to an existing contract styled as CONTRACT FOR WATER
TREATMENT AND TRANSMISSION SERVICES, dated July 21, 1892, (the 'ConftW) by and
betwoen UPPER TRINITY REGIONAL WATER DISTRICT, (the 'District'), a owamation and
reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of
Teams, and the CITY OF DENTON ('DenDon'), a municipal oorporation, is made and approved as of
the day of . 19W (the 'Date of Addendum').
I
)~i37.NES0EIH:
WHEREAS, Dorton and Distid entered into the July 21, 1992 Contrad for Water Treatment
and Transmission Services to provide for sale of treated water by Denton to Oidrid and for
transmission and delivery by Denton of "ad amount of District treated water from specified points
to certain customers of District, Including City of Sanger ('Sa)ger'); and
• WHEREAS, said Contract provides in Section 8.4 thereof that:
To provide such service to Sanger, District shall have the option to purchase treated f
water from Denton at its posted price for wholesale treated water, if such rate exists,
or at Denton's rate for large industrial customers, or to request Denton to transport
S District's water according to the provisions of this Agreement.'; and
3
1
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.
•
ADMOM TO CONTRACT BVrMBEN GTT Of DENTON AND YTRMe
FOR WATER TREATMW AND TRAROMSIWN 7ERMEE
PAGE 1
WHEREAS, in lieu of Denton transporting District Water for delivery to Sanger, District
desires to purchase water on a wholesale basis from Denton for resale and delivery to Sanger, and
Denton agrees to develop a wholesale rate for treated water, and
WHEREAS, said Contract provides for transmission of District water by Denton not only to
Sanger brit also to City of Corinth ('Cotnth') and to Lake Cities Municipal Lkility Authority ('LCMUA')
for District; and
WHEREAS, in general, Denton and District agree that direct delivery by District of its own
water is to be preferred over any such trensmission of District water by Denton; and
WHEREAS, Denton and District agree to cooperate on an ekes, abys strategy that will enable
District to deliver its treated water directly to Corinth and LCMUA without transmission by Denton
through its water system.
NOW. THEREFORE, in consideration of the mutual covenants end agreements herein
contained, the parties agree to supplement the Contract with this Addendum as hereinafter set forth,
to-wit,
arSRFFYIFYT
Section 1.0. PreambM tnooraeretrd
That the matters stated in the preamble hereof ern true and correct and are inoaporated into
the body of this Adde Tdum as if copied in their entirety.
Section 1.1. Scope of Addendum
That the provisions of the Contract shall remain In fun force and effect as supplemented by
this Addendum. Further, Denton and District agree to add the provisions herein to provide for
continued purchase of treated water by District from Donton on a wWesale basis and to facilitate
the provision or direct treated water service by District to Corinth and LCMUA. t
f"
C'±s-'~"'~,...1 , w a' ' w .t• ,pi~ is ,h ~ Y w;~ ~ x~~ , a~, a7, KTsn~i ~ 4"'~3r-~. GF
ADDENDUM 10 CONTRACT WrMIFN CITY OF DENTON AND UTRM
FOR WATER TREATMENT AND TRANSMSSN)N SERVICES
PAGE 3
Scallion 1.2. Exercise of Option to Purchas* Treated Water
As provided in Sectiun 6.4 of the Contract, District does hereby elect to exercise its
option to purchase treated water from Denton at its posted price for wholesale treated water,
for resale to Sanger. Further, Denton agrees to make available such treated water for delivery and
sate to District at the agreed delivery point (specified in separate contract) for the Sanger
Transmission Line. Denton will make reasonable capacity available and will deliver water to said
delivery point at Denton's operating pressure nomtally maintained for that sector of its transmission
and distribution system.
Section 1.3. Gwn to be Do1hrsred
For the first Water Year of operation during which water is delivered under the contract to
the designated delivery pant for the Sanger Transmission Line, the Intel amount of treated water
to be delivered by Denton shall rod exceed om~ million gallons per day (0.50 mgd). After the
W Water Year of operations, District may request Increased quantity up to a maximum of one and
on"uarter (1.25) mgd to be delivered by Denton. District shall give written notice to Denton at
least one hundred twenty (120) days prior to the beginning of a Water Year concerning the Peak
Daily volume of treated water being requested. Denton may, at its sole discretion, waive the written
notice requirement upon written request of District.
If the requested Peak Daily Volume exceeds one-hall million gallons per day (0.50 mgd),
Denton shall determine if such additional water and such capacity to deliver the water are available.
If, for the upcoming Water Year, Denton determines there is sufficient additional capacity and
sufficient additional water to provide the District with the requested Peak Daly volume, Denton may,
under terms of this Addendum and the Contract, provide such additional volume (or any portion
thereof) for that Water Year.
• Section 1.4. Rates for Wholesale Treated Water Servioe
The posted rates for wholesale treated water service provided under this Addendum may be 1
expressed as a volume charge per thousand gallons plus a facility charge and an annual demand
r
charge per unit of peak day usage, or maybe expressed as a total unit price per thousand gallons
of water delivered and metered for each Fiscal Year. The posted rates for wholesale treated water
• • 0
- service shall include the cost of raw water, the cost of treatment, operation and maintenance
• • ,a
ADDENDUM TO CONTRACT BETWEEN GTY OF DENTON AND VTRAV '
FOR WATER TREATT.ENT AND TRANSMESION SERVICES
PAGE
expenses of the Transmission System, pumpinI and energy costs, depreciation expense, and a
return on Denton's applicable rate base. The rata base shall be Denton's actual net investment in
that portion of its water system reasonably allocak d to wholesale service, which net investment
shall be equal to original cost less depreciation reserve. The authorized return shall be equal to the
weighted average interest rate on all outstanding debt for Denton's Water Utility System pf,js one
and one-half percent (1.596). A street rental fee equal to four percent (4%) of total operet", and
maintenance " may be kxkuded in operation and maintenance expenses. Depreciation expense
will be based upon the original cost of all capital facilities, both invested and contributed capital,
which facilities are expected to be replaced by Denton at a future dale in order to maintain service.
Pipelines and other facilities paid for by the District, Corinth, LCMUA or others shall not be included
in Derdon's irnvestmeM cost for calculating a return but may be In ciuded when calculating operating
and maintenance expense. Costs to transport water shall be calculated on a systemwide basis,
excluding distribution foolities, and shall be limited to the Transmission System which shall not
inwlude the cost of transporting water through lines smaller than twelve (12) Inches In diameter.
The test year for establishing the rate for wholesale treated water service step be the
mocted year for which the rate is proposed to be applicable. Test year date shall be obtained from
actual date of the seoond year prior to the test year with adjustments made for known or verifiable
changes.
Seolion 1.5. NotioefORoorlunNy to Cemmen!
Denton shall give timely notice to District with opportunity to comment on Denton's cost
analysis in each year that t proposes to revise rates for service provided herein. Such notice and
such opportunity to comment on the cost analysis provided shall conform to the provisions of
Section 7.4 and 7.5 of the Contract,
0 Section 1.6. Transmission Line to LCMUAICorinth
District desires to constrict a transmission pipeline to allow District to deliver treated water
drecty to LCMUA and Corinth without relying on Denton to transport District water through Denton's
Transmission System. A certain transmission line being used by Denton to doliver treated water to
d LCMUA and Corinth was paid for by tha users, was ded sated to Denton, and is now the properly
of Denlon, Denton agrees to convey to District said line fad [Ries and related a
Y P~Pe ppurlenance3.
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ADDENDUM TO CONTRACT KnAUN CITY OF DENTON AND uTAWD ,
FOR WATER TRZA-ETR AND TRANWASS" SERVES
RAGE S
The property to be conveyed shall be that portion of the transmission Me and related facilities shown
on Exhibit C, which Exhibit is attached hereto and incorporated herein for all purposes. As
consideration, DiW d agrees to grant to Denton an increased interest in the Joint Transmission Lint
pursuant to the May 6, 1993 Joint Ownership and Operations Contract (as supplemented). As
additional consideration for the facilities being conveyed. District agrees to relieve Denton of its
obligation to provide longaerm Transmission Service for District water to LCMUA and Corin,h.
Denton and District agree to coordinate and cooperate on necessary pipeline Improvements by
District to arable the District to use said pipeline beirg oorrveyed for drrod delivery of District treated
water to LCMUA and Corinth. The effective date for transfer of ownership of said pipefrne from
Denton to District shall be the day that District fast uses the pipeline to deriver its water to LCMUA
or Corinth. Said date shall be confirmed by District to Denton by written notice.
Seotlon 11. noy Conneado
in coryundion with the conveyance of the LCMILWC.ork" pipeline as provided in Section 1.8
hereof, District shall pay for and arrange for Improvements approved by Dorton to enable an
Emergency Connection at the approximate location shown on Exhibit C. The Emergency
Connection shall be established by and maintained for the mutual benefit of Denton and District for
the Primary Term of the Contract. The Emergency Connection roxtnally shall be dosed. In the
evert of a water system condition which generally would be regarded as an emergency in the water
utility industry, and upon the request of either poly, the parties may mutually agree to open the
emergency connection.
Examples of a system condition to be considered an emergency shat! Include (without
IimAing the scope of such conditions):
• A disruption in whole, or in part, of either party's water supply,
• An electrical outage, which adversely affects water service,
• Contamination of either partys water supply, or
• Failure of a major system component such as a pipeline or pump.
Failure to plan Van adequate water supply does not constitute an emergency. During the time of
such emergency, the requesting party will expedite efforts to overcome the emergency; and, the
other party will supply water to the extent reasonably available and prudent under the circumstance.
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ADOEMN To CONTRACT serwriElr CITr of DWON AM IITWV .
fon YMTm nVAT60R AW TRMIN"sm Er WAI ,
PAGES
i
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i
With approval of the supplying party, the benefiting party will be responsible for any necessary
improvements, arrangements or facilities to deliver and receive the water.
The party supplying the water under emergency conditions provided for In this Section shag
be compensated for the water delivered. If the volume of water delivered during the emergency
conditions is not determined by meter, the parties shell use the best Information readily available to ~4
develop an estimate of such vohxner The benefiiting party shat) compensate the supplying party
as mutually agreeable.
Sesllom 1.a. Sale of Tna1N Wafer
The Cantrad provides for Denton to sop treated water to Distrid for resale to amain parties
during ft Ir" Period of ft Cattrad (t mo Water Year 19N) Other provisions of the Contrail
notwithstanding, Denton agrees that District may retiree or disoonthn purdt•sa of treated water
from Dorton during the Initial Period. If such nkk dfon or daoon(IrK we is related to ft Datrict's
own water frsatment plant seat delivery faneft" boooming operatlor>wl, then shag be rte k►Kwsitlon
of the Minimum Water Volwns provisions of Section 3.3; provided OW ft t" revenue reatved
by Donlon from District for purchase of both treated water and untreated raw water shop be equal
„ e
to or greater than the revenue (nil incloft Variable Costs) UM Denton work! ottwwlse have
s
racblved if District had oon inwd purcl►asing only treated wailer thrrxryh the 1997 Water Year }
pursuant to the Contract.
$"Von 1.9. Term af,ddaadum
This Addendum sW be effective on and from the Date of Addendum. TM Addendum shop
continue for the Primary Terre of the Contract and for any renewals therod. {
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ADOENMMTO CONTRACT BETWEEN CITY OF DENTON AND ORWO
FOR WATER TREATMENT AND TRANSMSSION SERWAS
PAGE?
-
IN WITNESS WHEREOF, the parties heroic acting under auttarity of their respective
governing bodes have caused this Addendum to be duty executed in saveral counterparts, each of
which shall oonstitute an original, ail as of the day and year first above written, which is the Date of
Addendum.
UPPER TRBIITY
REGIONAL WATER DISTRICT
Richard Hu&jby
President, Board of Dirsefors
ATTEST:
L/
I~ sw 1
Y
~ d
APPROVED AS TO FORM AND ALITY:
John F. Boyle, Jr„ Counsel r the District
CITY OF DENTON, TEXAS
Ted Benavides, City Manager
ATTEST: i.'
r ,s
•
Jennifer Wafters, City Secretary
.
APPROVED AS TO LEGAL FORM:
Herb Prouty, C Attomey
c~ DoNTDFroaNTR+cnADOwsEr.lau _
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EXHIBITS A and 8
EAlibits A and a as contained in the original Cortitract remain valid and in effect Said
odoas are nvxWed or suPPWnO ted only to the eAw t Provided in this Addendum
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MEMORANDUM
REGIONAL WATM DISTRICT
TO: Howard Martin
Dir r of Environma peretfeons, City of Denton
FROM: Thom r, Executive Director
DATE: November 12, 19"
RE: Contract Addendums
On November 7, the Board of Directors approved both Contract Addendum. Enclosed ere 3
executed originals of each Addendum. Your scheduling the Addendums for ConsidenWon by
the City Council will be appreciated, Upon approval, please execute the documents and return
2 originals of each document to me.
Based on my discussion with both you and Tim Fisher, I understand that one Issue is still being
discussed • the matter of how Dentonb share of the Sanger Transmission Una will be
reimbursed. The provisions of the Addendum provide for 8exibN* however, N you deske a
different method of repayment to be specified, plea" let me know as soon as possible. I can
provide a substitute page for inser ion In the Addendum.
Howard, I appreciate your help and Cooperation in preparing these documents. This Is another
example of how cooperation and creativityy Ivoduoe good benefits for both Denton and the
District. Call me N you have any questions.
c: Mr. Robert E. Nelson, Executive Director of Utilities, City of Denton
Enck (t) Addendum to Joint Ownership and Operations Corltraot Between City of Denton
and UTRWD • Regard ng Pertlcipetion fn Saner Transmission Una
• (2) Addendum to Contract Between City of Denton and UTRWD - For Water
Treatment and Transmission Services J
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- - - - - - - - - - -
J:\"FD005\0RD\SANGER.0R0 Agenda r--_~_^ ^
Agenda Item_~l2_ _
Date __/w7
7- 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL ADDENDUM TO JOINT OWNERSHIP AND
OPERATIONS CONTRACT BETWEEN THE CITY OF DENTCN AND UPPER TRINITY
REGICNAL WATER DISTRICT REGARDING PARTICIPATION IN THE SANGER
TRANSMISSION LINE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton O the City") and the Upper Trinity
Regional Water District (the "UTRWD") entered into a May 6, 1993
Joint Ownership Contract (the "Contract") to jointly develop and
operate a water transmission line (the 'Joint Transmission Line")
from the vicinity of Lillian Miller Parkway and Interstate 359, and
extending generally along .Lillian Miller Parkway to the vicinity of
Old Alton Road near the south city limits of Denton; and
WHEREAS, construction of the Joint 'iransmisaion Line has been
completed and the line is operating satisfactorily; and
WHEREAS, the UTRWD is planning to construct another transmis-
sion line (the "Sanger Transmission Line") that will connect to the
north portion of the city's water distribution system in the
vicinity of Loop 288 and Interstate Highway 35, extending generally
along IH35 to the City of Sanger; and
WHEREAS, the Sanger Transmission Line and its connection to the
City of Denton's system is authorized under a certain contract for
Water Treatment and Transmission Services dated July 21, 1992
between City and UTRWD; and, according to said contract:
"Denton may participate, at its own option, in the capital and
operating cost of said pipeline based upon its proportionate
vhare of the overall transmission capacity of the line, up to
the limit of Denton's extraterritorial jurisdiction."
WHEREAS, in said July 21, 1992 contract, City agreed to provide
• transmission service for UTRWD water through the City water system
to the Sanger Transmission Line and to other delivery points on l
City's water system; and '
WHEREAS, City desires to participate in the capacity and '
proportionate cost of the Sanger Transmission Line to be construct-
ed by the UTRWD; and
• • •
' WHEREAS, City and UTRWp desire to enable such participation in
the Sanger Transmission Line by an Addendum to the Contractj and
WHEREAS, Cicy has agreed by separate contract to convey to
UTRWD certain pipeline facilities associated with water service to
the City of Curinth and Lake Cities Municipal Utility Authority,
.
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and City and UTRWD desire to increase City's share of the Joint
Transmission Line in Lillian Miller Parkway as consideration for
said property being conveyed; and
WHEREAS, City and UTRWD desire to implement such other contract
provisions as will enable joint participation in the Sanger
Transmission Line and to provida for the UTRWD to purchase treated
water from City for resale to Sanger; and
WHEREAS, UTRWD agrees to use its beat efforts to design,
construct and complete the Sanger Transmission Line as provided in
this addendum to contract; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS2
SECTION I. That the City Manager is hereby authorized to
execute an addendum to the Joint Ownership and Operations Contract
Between the City of Denton and Upper Trinity Regional Water
District Regarding Participation in the Sanger Transmission Line,
a copy of which addendum to contract is attached hereto and
incorporated by reference herein.
SECTION II• That the expenditure of funds as required in the
attached addendum is hereby ai.rhorized.
ECTION IIi. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
r' • ATTEST:
JENNIFER WALTERS, CITY SECRETARY
y'1
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5 BY.
v
~ APPROVED AS TO LEOA:, FORMS
HERBERT L. PROUTY, CITY ATTORNEY
i
BY:
21
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ADDENDUM TO
JOINT OWNERSHIP AND OPERATIONS CONTRACT
BETWEEN
CITY OF DENTON
AND
UPPER TRINITY REGIONAL WATER DISTRICT
REGAR~NG PARMM119N IN SANG11 18MAMIMN uNE
THE STATE OF TEXAS §
§
COUNTY OF DENTON
4
This Addendum (the •Addendum') to an *Asft contra styled as JOINT OWNERSHP AND
OPERATIONS CONTRACT, doted May 8, 1993, (the 'Ca &*W) by and between UPPER TRINITY
REGIONAL WATER DISTRICT, (the 'District'), a conservation and reclamation dk*kt created
pursuant to Article XVI, Section 59 of the ConsWrtion of ft State of Texas, and the CITY OF
DENTON ('D"on'), a mxati*d corporation, is made and approved as of the day of
1998 (the 'Dote of Addendum').
tfifITNE88ETH:
WHEREAS, Denton and District entered into the May 8, 1993 Joint Ownership and
Ope.,*Ions 0a1trail (the 'Contrail') to jointly develop and operate a water transmission line (the
'Join T ransmUskm Line') from the vicinity of Lillian Miller Parkway and InterstMe 35E, and
e)dendng generally along Lillian Miller Parkway to the vicinity of Old Afton Road now the south city
limits of Canton; and
i
WHEREAS, lion of the Joint Transmission Line has been completed and the fine is
operating satisfactorily, and
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Adele" n r COMM s.Lrr... City of o.wM W u nano
ahw+ra aw,pw TrrwWv&Wa Lbe
WHEREAS, the District is planning to construct another transmission line (the 'Sanger
Transmission Line') that will connect to the north portion of the Denton water distribution system in
the vicinity of Loop 21:18 and Interstate "ghway 35, extending generally Wong IH35 to the City of
Sanger; and
WHEREAS, the Sanger Transmission Line and its connection to the Denton "am are
authorized under a oeRain oorked for Water Treatment and Transmission Services dated July 21,
1992 between Denton and District; and, acoordng to said oorrtrad,
Banton may parttopate, at arts option, in the capital and operating cost of said pipefrrte based
upon its proportionate share of the overall transmission capacity of the line, up to the Amil
of Denton's extrallmritorid jurisdiction.'
WHEREAS, in said July 21. 1992 contract, Denton agreed to provide Wvwnlasion service
for District water through the Denton water system to the Sanger Tn rsmission Lire and to other
delivery points on Denton's water system; and
WHEREAS, Denton desires to participate in the opacity and proportionate cost of the
Sanger T,. ansnission Line to be constructed Ly the District; and
WHEREAS, Denton and District desire to enable such participatia: in the Sanger
Transmission Line by this Addendum to the Contract; and
WHEREAS, Denton has agreed by separate oontrect to convey to Distrrd certain pipeline
• facilities associated with water service to City of Corinth and Lake Cities Munici* Utility Authority,
anal Denton and District desire to increase Denton's share of the Joint Transmissi m Line in Lillian
;i!!s Parkway as consideration for said property being conveyed; and
WHEREAS, Denton and District desire to implement such other contract provisions as will y
enable joint penicipatk n in the Sanger Transrndss!on Line and to provide for the District to purchase • •
treated water from Denton for resale to Sanger.
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For 7
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the District agrees to use its best efforts to design, con" and complete the Sanger
Transmission Una upon and st4sd to the terms of the Conrad and this Addendum as hereinafter
set forth, to-wt:
AGREEMENT
Ssotion 1.0. PreanAk
That the matters stated in the preamble hereof arc true and coned and are incorporated into
the body of this Addendum as if copied in theft entirety.
section 1.1. ARM of
The provisions of the C**vd shat rsmain in full force and effect as supplemented by this
Addendum. Further, Denton and Disbid agree to add the provisions of this Addendum to provide
for join participation by Denton and DisMd in the Sanger Transmission Uirw and to hoease
Denton's share of the Joint Transmission'._ine as reflected in E;xhM A (Revised) attached hereto
and incorporated herein for ad purposes.
Section 1.2. Pardobill2a in Raoianaf Treallad itllalar,Prolaet
District and Denton agree that Denton's participrtion in the Sanger TrenarNssion Line will
increase Denton's participation in the Regional Treated Water Project as specified In the Conrad
only as provided herein.
a) Denton's participation in the Regional Treated Water Project will iroeese by the
defined limits of its participation in the Sanger Transmission Lire, and
b) Denton w Ol gain a greater share of the Regional Treated Water Project by the -
agreement herein to increase Denton's share of the Joint Transmission Line.
Section 1.3. Partiojgallon in Sanger Transmission Una L
0 Dentnn will participate on a pro rata basis in the Sanger Transmission Line in accordance •
with the limits, size and capacities specified in Exhibit C and with cost participation as speed in
Exhibit D, hereto, which Exhibits are kxxw orated into this Addendum and the Contract for all
purposes The Sanger Transmission Line shah be designed and constwoled by MA District.
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Sean IA. Extent of lRaffickaft
District agrees to provide for the Sanger Transmission Line between the points and along
the general route and for the capacities deFneated in Exhibit C. Denton may transport water for
its own use through the Sanger Transmission Une up to the peak day capacities provided for
in Exhibit C. ;
Section 1.6. AMISI Provisions
Denton and tlisMd acknowledge and agree to the special provisions related to the Sanger
Transmission Una which are set forth in the attached Exhibit D, which Exhibit Is Inoorporated into
this Addendum and the Contract for all purposes.
8 eotion1.41. BaladttYalsr
As Movidod in the July 21. 1992 contract between Denton and DL*lct, Denton rsaffams its
agreement to sell wholesale treated water to District for delivery and resale to Sanger. Such sate
of water by Denton shall be on a wholesale basis in aouordance with said July 21, 1tf92 Contract,
as amended or supplemented.
Section 1.7 Ejfy Payer
Denton may prepay or pay the remaining balance of its share of capital cost participation in
the Sanger Transmission Une or the Joint Transmission t ne at any lime. The amount of such early ,
payment will be equal to the unpaid balance inducing any deferred amounts,
Seotlon 1.$. Term p}Aditfw m
''his Addendum shall be effective on and from the Date of Addendum. The tern thereof _
shall ri the same as the term of the Contract and any renewals thereof
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IN WITNESS WHEREOF, the parties hereto acting under authority of their respective
governing bodes have caused this Addendum to be duly executed in several omwderparts, each of
which shah con*Me an oriWW, all as of the day and year first above written, which is the Date of
Addendum.
UPPER TRINITY
RE MA WAT R DISTRIC
J1 el /g ~ A 10--l
Richard Fludcaby
Press lent, Board of Directors
ATT BT:
town aw ,
80 of o
VEDAS RM A
John F. Boyle, Jr., Coun the District
MY OF DENTON, T'ElU8
Ted Bsnavldes, City Manager
ATTEST:
Jennifer Waiters, City Secretary
a
AP~A~ROVE AST ZLrALFORM: - ' '
Heft Prouty, City • ey •
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AO/MYFw M Cast ~Mw~n qy M DWd" And UMM
obpo dN p Swgw y l Woib1l Lim
EXHIBIT B
Ex hibN B as -ontained In the original Contrary shall remain valid and in etfed. S?Id
Ui bit is modified or supplemented only to the extent provided in this Addendum.
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All. *I
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ROW.
ConrnorcW
20' Prrnnawrt
27" aA. \°r ; ,wow,
0-14.3MGDs P.O.W.
4
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Or Cw"trwt+on
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NOT TO SCALE a0M
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PIPELINE ROUTL* Y 2D" aA C--'
GENERALLY ALONG ULLIA4 WM,'l PKWY/ 0 e 6.5 MGD a
FM 2181 FROM INTERSTATE HK21WAi _',rF
TO OLD ALTNN
Itrwt Ineo , i .
OIPfi s m,
27' DU, FROM I♦ 35C TO FM 2181 LOAD
20' DIA. FROM FM 2181 TC RYAN ROAD
18' DIA. FROM RYAN ROAD TO OLD ALTNN
CALaxATED CAPACITY OF 27* OIA. PIPE:
TOTAL - 14.3 WOO
DENTON SHARE 72.7% (10.4 MCC) I RMraN%RuMmlid
UTRW1' ME 27.3% (3.9 MGO) J 21r Pw"wvmt
ru Ctl ATYn CAPACITY OF 20' DIA. PIPE' 0 OIA.
TOTAL - 6.5 MOO Q = 4.9 MGD
CANTON SHARE = 39.9% (2.6 MGD) '
UTRWD SHARE a 601% (3.9 MGD) MCKORY CRM Rwa
< Ni CLJ ATFO CAPACITY OE 18' DIA. PIPE:
TOTAL - 4.9 MOD
DENTON SHARE - 0% (0,0 MGD) DELIVERY -
UTRWD SHARE _ +00% (4.9 MOD) POINT '
PIPELINE LENGTHS
APPROXIMATELY 3,600 LF OF 27' DIA.
d APPROXIMATELY 5,400 LF OF 20' DIA.
o APPROXIMATELY 6,500 LF OF 18" DIA.
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EXHIBIT "A REVISED"
JOINT TRANSMISSION LINE
UPPER TRINITY REGIONAL WATER DISTRICT
REGIONAL TREATED WATER PROJECT
PHASE 1NES
i4
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F
EXHIBIT S
Exhibit B as contained in the original Contrad shall remain valid and ism effect Said
F)dubR Is modified or supplemented only to the *)dent provided' this Addendum.
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•
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At 10, PLUNINIFR SANGER TRANSMISSION LINE
1 FAQ X455 j/
11 SANGER
0 5000 I'-
SCALE
1 SANGER DELIVERY
POINT
NOR7WE IIL- ~ x
NORTH FROM COOP 288 ON THE ~
EAST SIDE Of INTERSTATE HNT
35 TO JUST SOUTH OF RECTOR l
ROAD, EAST ON THE SOUTH
SIDE OF RECTOR ROAD, THEN
NORTH ALONG THE EAST SIDE
OF OOMUNG ROAD NORTH To REC 12" DL4 PIPE
THE SANGER DELIVERY POINT. ROAD
PIPE 97L
l FROM CONNECTION PONT
TO DELIVERY POINT. 12' DIA. FROM r
MILAM ROAD TO SANGER DELIVERY. r
E~ DELIVERY POINT 1
16 OLA. PIPES METER)
NITLAL TOTAL . 125 MOD
DENTON SHARE " 59X (1.92 MOO) IL M (FM 3163
UTRTIO SHARE " 41% (1.33 MOD)
R AD
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M
g PIPELINE LENGTH; _
APPX 17,000 Lf OF 16' CIA. PIPE
APPX 18,500 LF OF 12• DIA. PIPE GANZER
ROAD
THIS EXHIBIT PPROXIMATEAROUTE AOF THEE 16" DIA. PIPE a
• A
RR PROPOSED PIPELINE. ALONG THE - 5 ~ •
S GENERAL ROUTE SHOWN, ACTUAL
a LOCATION OF THE PIPELINE MAY 4
VARY FOR ENGINEERING OR OTHER
TECHNICAL REASONS, IF ACTUAL
PIPELINE SIZES OR LI NGTHS _
ID VARY, BY MUTUAL /GREEMENT, e5/~
3 THE SHARE PERCENTAGES SHALL 0
REMAIN THE SAME. 1173 yy LOOP 288
EXHIBIT C Jo j
PIPELINE LIMITS 1 OENTON CONNECTION POINT
AND CAPACITIES 1 INITIAL Q = 3.25 MGD
0
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EXHIBIT D
TO CONTRACT BETWEEN CITY OF DENTON AND UPPER TRINITY
REGIONAL WATER DISTRICT FOR PARTICIPATION IN
THE SANGER TRANSMISSION LINE
SPECIAL pBfMSIONS BF.2ARDING PARTICIPATION
The provisions of Ws "Exhibit D" forth a part of the Contract and are applicable to the
Upper Trinity Regional Water District. (the "District') and to the City of Denton r"Denton*) as if set
forth in their entirely In the body of the Contract.
1. The District wil construct the Sanger Transmission Line as a part of the Project
as defined in the Contrail. The District will awn the Sanger Transmission Line, including the
right-of-way, except as otherwiss prov'ded herein for Denton's shah of the kA. The District will
coordinate routing, design and right-of-way aequis" with Denton. Whim the City Limits of
Donlon, the DM Ws improvsrn b shat nrt unduly conflict with any Donlon master plan for land
development. District and Denton agree It, coordi„tals futre roW use of said rights-of-way within
Denton for underground utilities. District and Denton agree to ooordinate arrangements for
parallel or adjoining easements and other rights-of-way, hdudirng reciprocal use of such
easements and rights-of-way for temporary use during construction, routine operational
mafntenonos and for other mutually beneficial purposes.
2. It is mutually agreed that, within its share of the easement or right-of-way for the
Sanger Transmission Line, Denton shall have the right to install and maintain other water lines,
as well as sewer, underground otectric and telecommunication facilities awned by Denton.
•
3. The Distrid will provide the funds to design the Sanger Transmission Line,
including acquisition of rights-of-way. The size of the fine and capacities in the line for Denton
and District, respectively, shall conform to the requirements of Exhibit C, hereto.
After design of the Sanger Transmission Line has been completed and after
approval by Denton, the District shall take competitive bids for construction. After receipt of bids
and before a contract (or contracts) for construction is awarded, the District shall give Denton
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written notice of the District's recommendation regarding award of contrad(s) and Of Demon's
share of the proposed contrail to be awarded. Unless Denton elects the financing option
described In Paragraph 5 following, Denton shalt deposit with the District, within forty-five (45)
days, its pro rota share of the proposed construction cost for the Sanger Transmission line plus
the cost of special appurtenances, if any, requested by and for Denton. The funds so deposited
by Denton for construction shag be placed In an interest bearing construction account by District.
The District may withdraw funds from the construction account as required to make progress and
final payment according to the constriction contract awarded for the Sanger TranstWst'on Line.
The District shall maintain an accounting of all direct expenditure i for rights of way and for design
and constriction of the Sanger Transmission Ins, including engineering and potschnical
services during construction. Upon compilation of construction, Denton agrees to pay its share.
If any, of contract change orders. direct services during constriction, or extra costs required to
complete the Sanger Transmission Una. After payment for dwrtgs orders, services during
construction or extra costs, any surplus funds remaining In the Interest bowN account shag be
returned to Denton at completion of the contract(s).
5. At Denton's option, Distrid will provide funds to construct Demon's share of the
Sanger Transmission Una according to this paragraph. Subj xi to the terms of ft Contract and
this Addendum, District will provide and pay for the cost of the acquisition, design, construction
and improvement of the Sanger Transmission Una, by issuing its Bonds In amounts which will
be sufficient to accomplish such purposes. Denton will make payments as required to pay its pro
rata share of the Annual Requirement, as provided In Section 5.01 of the Contrad'wW this
Addendum. To determine Dentor's share of the Annual Requirement for the Sanger
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Transmission Line, District will calculate the Capital Component of cost for Denton's share
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described in paragraph 4 hereof based on actual costs of completion and the following schedule:
Year 1: Capital Component of Cost will be based on the incremontat cost (minimum
• amount for total incremental cost equals $260,1)00) to oversize the pipeline from twelve • •
(12) inch diameter to sixteen (16) inch diameter for the interval Indicated In Exhibit C.
Years 2 through 9: Capital Component of Cost wig ba based on a graduated scale in even
increments to transrtion to a full pro rata cost participation In the tsrth (10th) year.
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Year 10 to Retirement of Bonds: Capital Component of Cost will be based on pro rata
share of capacity as indicated in Exhibit C. Said capital cost will include an interest
component (at a rate equal to the interest rate applicable to the Bonds issued to construct
the line) for the amount of pro rata cost deterred under this schedule.
Subject to mutual agreement in writing, Denton may pay its share of the Annual Requirement
according to an alternative schedule developed by the District. After Denton has paid its full pro
rate share and after retirement of Bonds, the Capital Component of Cost will no longer apply.
6. If requested In writing by the District and agreed to by Denton, Denton may acquire
or purchase easements or rights-of-way within the City Limits of Denton on !behalf of the District
for the Sanger Transmission Una. Specifically, Denton agrees to acquire or to arrange or the
dedication of necessary rights-of-way or easements in the Interval from the Donlon Connection
Point to the Delivery Point near Milam Road. The District will reimburse Denton for all duct cost
associated with Demon's efforts to acquire said easement regardless of whether the easement
is actually purchased. If requested by District and agreed to by Denton, Denton may exercise
its power of eminent domain on behalf of the District.
7. On behalf of Denton and ristrlcl, Denton agrees to operate that portion of the
Sanger Transmission Line up to the :relivery Point (meter) and to be responsible for normal and
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routine maintenance of said portion of the Sanger Transmission Line according to the standards
of Denton's own water transmission and distribution system. Denton will maintain records of the
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actual cost of such maintenance and will send periodic reports of cost to District for
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reimbursement of cost in propW;-A to respective share of rated capacity of the pipeline according
to Exhibit C. District shall have reasonable access to Denton's records to verify such costs.
District hereby rgrees that it will make payments to Denton according to the provisions of sections
• 5.06 and 5.07 of the Contract, which sections are otherwise applicable to Denton. if, in the • •
opinion of Denton, extraordinary maintenance such as pipeline replacement exceeding 1% of the
length of the pipeline is required. Denton shall give written notice of such needed replacement
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to District, and District and Denton shall mutually determine which party shall take appropriate
steps to occompfish such extroordmary maintenance.
9. Prior to oompletioa of construction of the Sanger Transmission Lie, Denton's
Executive Director of Utilities shay develop a mutually satisfactory written procedure for
coordinating the operation and maintenance of the Sanger Transmission tine and for each party
to notify the other party of any activities which may affect the operations of the other party's
system.
9. The Delivery Point for wafer by Denton shat be at a mutually agreeable boation
at a mid point on the Sanger Transmission fine at the approximate location shown on ExtM C.
10. AN meter facilities for the Sanger Transmisabn Line shag conform to Section 4.03,
'Metering Equipmem' of the Contract. District shag pay for and install appropdMo meter fwK*s,
Including rate of flow conVo9er and back-flow prevention device at the Delivery F'oinL District will
own the metering facilities and Denton will provide normal maintenance and ca'ibration, the orats
of which are eligible for inclusion In service rates.
11. Denton may purchase the District's rights, in whole or part. In the Sanger
Transmis?ton Line if Disbid, at any future time, gives notice that its share of the One is no longer
needed for District purposes. The price to be paid by Denton to District to purchase any portion
of the District's share of the Sanger Transmission Lana under this paragraph shall be'equal to
• the original cost thereof for the District's share, less aceumutated depredation plus a credit (not
to exceed said purchase price) for revenues, if any, received by District from Denton and other
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public utilities for use of the rights-of-way included in the Sanger Transmission Line. Depredation
expense will be computed on a straight line basis over a period not to exceed thirty (30) years
for that portion of the pipeline owned by District. For that portion of the pipeline owned by TWDS
• under a State Participation Agreement, depreciation expense shag start when the District A •
purchases the TWDB's Interest or five (5) years from date pipeline was first used for public
service, whichever date occurs first.
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12. If Denton purchases the District's share or any portion thereof of the Sanger
Transmission line under the provisions of this Exhibit, District shall continue to enjoy certain
rights In connection therewith: (1) to receive water from Denton; (2) to deliver water to Denton;
and (3) to-deliver water to Intervening customer of District along the line as may be provided by
contract; and (4) to have the right of emergency exchange of water between DeMon and District
through the pipeG;:e.
13. If Denton desires and requests the District to construct improvements or install
appurtenances for Denton as part of the Sanger Transmission Line, which Improvements or
appurtenances are rot otherwise needed by District. Denton shag be responsible for the entire
cost of such improvements or appurtenances installed for the sole benefit of Denton.
14. In a separate contrad dated July 21, 1992 for WATER TREATMENT AND
TRANSPORTATION SERVICES (as supplemented), 04bict agreed to InereaM I7enlon's share
of the Joint Transmission line. as consideration for certain property being conveyed to District.
Said Increased share shall not cause an Increase In the amount to be paid by Denton for its share
of the Annual Requirement for the Joint Transmission Line. Rather, the increased share will
result in Denton having larger cap&* in the Joint Transmission Line and a correspondkv
smaller share to acquire from the District when and if Denton acquires the District's share of the ,
Joint Transmission Line under the terms of the Contract. See Exhibit A (Revised) for the revised
respective shares of the Joint Transmission Line.
15. Notwithstanding any provision in this Addendum and the Contract, Denton shall
have no responsibility for any portion of the Regional Tresied Water Project other than the Joint
Transmission Line and the Sanger Transmission Line.
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