HomeMy WebLinkAboutLAKE RAY ROBERTS CONTRACTS
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ME(ICANTILI'. IIANY GUILDING
DALLAS. THNAN ?M.M
rgANN J.Mr.DANICN
,rro~ wcr re[eourt August 14, J980 12141 7426461
Colonel DoN.11d J. Palladino
District Engineer-•U.S. Army
P. 0, Box 17300
- Fort Worth, Texas 76102
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Re: Aubrey Lake - Contract Between the United
States of America and the City of Denton,
Texas, Relative to Water Storage Space
(Contract No. OACl63-90-C-0104)
Dear Colonel Palladino:
Relative to the above Contract, we have been requested to address the
financial burden to be imposed on the City of Denton on the basis of
payments to be assumed by the City ur:der the Contract with respect to
annual capital and operation and maintenance expenses.
By way of introduction, we are happy to advise that we have represented the
City as its financial advisor since 1956 relative to bonds, contracts,
etc., which have been sold or otherwise executed to construct and/or
acquire capital improvements in and for the City of Denton,
Froin the year 1956 to the present, the City has issued in excess of
rl $75,000,000 of bonds for various City improvements, including more than
i j $12,000,000 for water an-f sewer system improvements, Approximately
$46,000,000 of this indebtedness has been subsequently paid on a periodic
basis and we are not aware of' an default
1 any or any delay in the pay r.
when due of any principal or interest on any of the bonds, As a matter of
fact, there is no record of any kind of default of any City indebtedness
since its incorporation.
We understand that the deliberate impoundment of this reservoir is tenta-
tively scheduled for about the year 1990, at which time the City would be
required to begin capital and maintenance costs based on costs allocated to
present ifse water storage. We further understand that such cost alloca-
tions would result in total annual payments by the City beginning in 1990
of not more than $1,600,000, which amount also includes an annual payment
of $173,095 for recreation development.
}+lRti1' S'O(C< IW641' COMPANY
Colonel Donald J. Palladiro
August 14, 1980
page 2 i
The City's current production cost of water has been calculated at $1.00
per III gallons. Projected costs for the year 1990 is estimated at approxi-
mately $2.05 per' IM gallons. On this basis, the present value cost (at 8%
discount) is equal to 95¢ per 1M gallons, and the rate increase equates to
10.5% per annum at 8%.
A review of past history reveals that during 1970 the average cost of water
was slightly less than 47d per 114 gallons. During 1979, the average cost
was 95¢ per 114 gallons an increase of approximately 112% over the 10-
year period.
In light of the foregoing, it appears clearly evident that increases in
water rates necessary to accommodate payments to the government, under the
proposed contract for the constructiofl of Aubrey Lake and Reservoir, would
be normal and routine and in nowise infringe on the City's ability to
provide water service to its citizens at affordable and competitive
prices.
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The City's outstandirg debt' obligations are rated "A" and "A 1" by the
major bond rating agencies and are always favorably received in the market
place when offered for sale. The bonds which are rated "A" possess favor-
able investment attributes and factors which, are considered adequate for
the security and payi,ent of principal and interest.
ours very t u ,
I j Frank J. Medan c
FJM:dp
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~ DEPARTMENT OF THE ARMY
11a.
It FORT WORTH DISTRICT, CORPS OF ENGINEERS
p. O. BOX 17300
FORT WORTH, TEXA5 76102
REPLY 70
ATTENVON OPi
sWFBD-•DC
G E3 ;)CG 1919
Honorable Joe Mitchell
Mayor, City of Denton
215 E. McKinney
Denton, TX 76201
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Dear Mayor Mitchell:
Inclosed for yoclr review are two copies each of the draft water supply
j and recreation contracts for the Aubrey 1,Ake project, Changes to the
contracts reflneting the results of various meetings between your staff
and mine have been incorporated into the drafts.
Request you review the draft contracts and furnish us your commenks as
soon as possible. If you have any questions, please contact Mr. Ray
Losornio, 817/334-2317.
Sincerely, _
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2 Tncl (dupe) DONALD J. PALLADINO
As stated Colonel, CE
District Engineer
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0C 3 11979
CITY Or DENTON
MANAGER'S OFFICE
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COntraet NO, I)~-VW63-8o-C_
CONTRACT BETWEEN THE UNITED STATES OF ADfERICA
AND
THE CITY OF DENTON, TEXAS
FOR
WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS fr f!{
THIS CONTRACT, entered into this
between the United States o£ America day of l
represented by the Contracting Officerhereinafter called the Government),
City Of Denton, Denton County, Texas (hereinaftiertcallednthecCity),
WITNESSETH THAT: , and the
WHEREAS, the River and Harbor Act of 1965 (Public Law
1091) authorized the construction, operation, and maintenance of Aubrey Lake
including modificati
Lewiavill on of Garza-Little Elm Reservoir 89-298' 74 Stat,
e Lake, (hereinafter called the , since renamed
Trinity River in the State of Texas Project) on t
, and he Elm Fork of the
WHEREAS, in accordance with the authorized modification, Lewisville Lake
(located Immediately downstream from the Aubrey
permit the transfer of flood control storage f )
Lake for an equivalent amount of water suPPly storage in will. Lbeewismodiville modified to
Wunieipal and industrial urea; and
to for
iior
WHEREAS, the Cat
at^'age included in y deesires to contract with the Government fpr the use of
Y a e and the additional storage to be made
a' ilable in Lewisville Lake for municipal and industrial wafer su l
t-.r Payment of the coat thereof
SuPPIy Act of 1958, as amended 43 accordance with the provisions ofthenWater
(+3 U,S,C, 390b); and
is WHEREAS, the City is empowered so to contract with the Government and
vested with all the necessary
of this contract, including Powers for accomplishment of the
Act of 1910 (42 those required by section 221 of purposes
I~ U,S,C, 1962 6-5b)~ the Flood Control
NOW, THF12EFORE, the Government and the City agree as follows=
ARTICLE 1, Water stern e s ace.
LL. Pro ect construction,
Federal law and any limitations mre Go ernmen s posed the project so as to include in imbre ' subject to the directions
the Cit Y, shall design and construct
and space for the storage of f.1
y Lake apace for the storage of water by
reallocation of flood control storage inoLewisvillel~Lakewtolmunipermiciptal th and
industrial water su e
the city. pP1Y storage, a portion of which will also be utilized by
t
b. Ri h -
.8 of the City.-
(l) The City shall have the right
Percent (estimated to contain have the to utilize eet ercen for sediment deposits (s) art undivided 26,0
of the total storagees storage, including
g pace in n Aubrey Lake below
r
elevation 632.5
estimated to feet above mean sea level, which total. storage space is
con Cain 799,600 acre-feet gross storage, including storage for
sediment deposits, and (b) an undivided 26.0 percent (estimated to contain
46,200 acre-feet gross storage, including storage for sediment deposits) of
the total storage space in Lewisville Lake between elevations 515,0 feet above
meansea
level and 522.0 feet above mean sea level. which total. storage space
Is estimated to contain 177,600 acre-feet gross ecorage, including storage for
sediment deposits. The storage space in L. wia•.ille Lake is to be used to
impound water for present, demand or need for municipal and industrial water
supply; and the storage ;?pace in Aubrey Lake is to be used to impound water
for present and anticipated future demands or needs for municipal and industrial
water supply, In Aubrey Lake, 51 percent (an estimated 106,000 acre-feet) of
the pace. hye ch the C+.ty has a right to utilize is for present use water
storage percent (an estimated 101,900 acre-feet) is for future use wafer
storage,
(2) The City shall have the right to withdraw or transfer water from
or transfer water into either or bath of the two lakes, or to order releases to
be made by the Government through the outlet works in the dams, subject to the
provisions of Artl,cln le End to the extent the aforesaid storage spaces will
Provide, and ahall have the right to construct all such works, plants, pipelines,
and appliances as my be necessary and convenient for the purpose of transfers
or withdrawals, subject to the approval of the Contracting Officer as to
design and location. The grant of easements for right-of-way across, in, and
upon land of the Government at Aubrey Lake and at Levisvi.ll.e Lake shall be by
separate instrument in a form satisf.1etory to the Secretary the Army,
without additional coat to tale City, under the authority of and in accordance
with the provisions of 10 U.S.C, 2669. Subject to the cc,nditions of such
easements, the City shn.11 have the right to use so much of Aubrey Lake and
Lewisville Lake lands as may reasonably be required in-the exercise of the
rights and privileges herein granted.
I
c, R3 hts reserved. The Government reserves the right to lower the
water in Aubrey Lake to elevation 632.5 feet above mean sea level and to
lower the water in Lewisville Lake to elevation 522,0 feet: above mean sea
level during such periods of time as is deemed necessary, in its sole
discretion, for flood control purposes. The Government further, reserves
the right to take such measures as may be necessary in the operation of
Aubrey Lake and Lewisville Lake to preserve life or property,
d, guuli pr availat~~ y_ of water, lite City recognizes that this
contract provides storage spaces for raw watut only, The Government makes no
representations with respect to the quality or availability of water and
assumes no responsibility therefor or for the treatment of water,
ARTICLE; 2, Regulation of_ and right to use of water, The regulation of
the usn of water withdrawn or released from or transferred to or from the
aforesaid storage spaces shall. be the sole responsibility of the City, The
City has the full responsibility to acquire in accordance with State laws and
regulations, and if necessary to establish or defend, any and all water
ri.ght:s needed for utilization of the storages provided under 0iia The Government shall not be responsible for withdrawals, transfers,oorract.
diversic,is by others, nor will it become a party to any controversies
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involving the use of the storage spaces by the City except as such contro-
versies may affect the operations of the Government,
ARTICLE 3. Operation and maintenance, The Government shall operate and
maintain Aubrey Lake and Lewisville Lake, and the City shall pay to the
Government n share of the costs of such operation and maintenance as provided
in Article 5e. The City shall be responsible for operation and maintenance of
all installations and facilities which it may construct for the transfer into
or out of or withdrawal of water from either or both of the two lakes and
shall bear all costa of construction, operation, and maintenance of such
installations and facilities,
ARTICLE 4. Measurement of withdrawals and releases, The City agrees to
furnish and instaTf ,without cask to the Goveiiunent, suitable meters or
measuring devices satisfactory to the Contra ti.ng Officer for the measurement
1. of water which is transferred into Aubrey Lake or Lewisville Lake or is with-
drawn or transferred from Aubrey Lake or Lewisville Lake by any means other
than through Aubrey Lake or Lewisville Lake outlet works, The City shall
furnish to the Government monthly statements of all such withdrawals or trans-
fern. Releases from the water supply storage spaces through Aubrey Lake or
Lewisville Lake outlet works shall be made in accordance with written schedules
furnished by the City and approved by the Contracting Officer and shall. be Sub-
ject to Article le, The memsure of all such releases shall be by means of a
rating curve of the outlet works or by such other suitable means as may be
agreed upon prior to use of the water supply storage space or spaces,
ARTICLE S. Payment . In consideration of the right to utilize the
aforesaid storage spaces in Aubrey Lake and Lewisville Lake for municipal and
industrial water supply purposes, the City shall pay the following sums to
the Government:
a, Project investment costs.
(1) The City shall repay to the Government, at the times and with
inttsreat on the unpaid balance as hereinafter specified, the amounts stated
below which, as shown in Exhibit A of this contract, constitute the entire
estimated amount of the construction costs, including interest during con-
struction, allocated to the water storage rights acquired by the City under
this contract, The interest rate to be used for purposes of computing interest
during construction and interest on the unpaid balance will be determined by
the Sceretary of the 'treasury as of the beginning of the Government fiscal year
in which ^onstruction of the Project is initiated on the basis set forth in the
Water Supply Act of 1958, as amendnd. Such interest rate at the time of
negotiation of this contract (Government fiscal year 1980) is 7,210 percent.
The City shall repay:
26 pe;:ceat of the construction cost of specific water
supply facilities, estimated at $ 56,700
18.91 percent of the total Project ;Joint use
construction rest, estimated at 320924,900
Interest during construction, estimated at y 4 759 'total estimated amount of Project investment cost
allocated to 26 percent of the water supply $370741,100
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~,r, _ 5SY►t1AiiY7~'
indicated in (2) The Project investment cost allocated to the storage e
g Provided for present demand is currently
estimated at, $l9f625,4001onatheebAais of the coats
st PresenCed
storagethiss for contract. The amount of the Project investment cost in F~callocahib,tedit A
to the
the first of which~she~llabe du~e11be paid in S0 consecutive annual
isPaymen
notified by the Contracting Officeand r. khatb the 2 ProjJanuary fnwlethe i and
operational l for water supply purpose>.s, Annual payments s cthoereafter will be
due and payable on 2 January of each aucceedin
payment, which will be aPPlIe g year. Except for the first
payments shall include accrued d 60101Y interest oonhtheeunp id balanc~eiatithe+al
provided above. The year annual
when due to assure re a payment shall br, adjusted upward ur downward
storages for present demand with°ll of the investment cost allocated to the
n 50 years,
(3) The Project investment coat allocated to the re inin
of the storage apace, that provided in Aubrey lake for future
estimated at $18 115 $ Portion
this contract, No prin0~i.pAlto}r inasis of terest kie costs uae~ is, currently
for future water supply is required interest be presented i Exhibit s of
Puagent with respect t to this s storage
following the date thc: Project is operati nileforrwaterllsupplYyt P 10 osesy
unless all or a portion of such storage is used for PurposePs P of withdrawal
of water from or transfer of water into or from Aubrey Lake during this a iod,
The amount to be paid for any Po
_
determined by multiplying the parcentago Aucthet totfll which isfused s4ai.1 be
water supply which is pyticed in use by the total amount of the
investment cost allocated to future water supply tire
I Interest
provided above will be charged on the amount of the Project invesr Proje c t
tmentecost
allocated to the storage for future water supply which is, not being used
from the tenth (10th) Year following the date the project is operational for
water snPPlY Purposes until the time when such storage is first used, The
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City ~y at its option
Citereat to accumulate pay the
in until interosst e as it becomes due or allow the
exercised, the interest will be compounded sannuallYlandhaddedktorthetprinelpal
amount. When any portion of the storage for future water suPP1Y is used
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the amount of the Project investment cost allocated thereto plus interest,
applicable to such portion as provided above will he due and payable on the
date of first use of ouch portiou,
the life of the Project In not to exceT amount due ste Paid ~eds50 consecutive anraiualbpayments
beginning on the next anniversary date established in acrordnce with thehin
provisions of Article 54(2) above, Annual payments thereafter for auch
portion will be due and payable on said anniversary date. For any portion payments shall include accrued i[atereat on the unpaid balance at'the
rate
provided above, with interest accruing from the said date of first use of
such portion. The last annual payment for any portion shall be adjusted
upward or downward when due to assure repayment of all
allocated to such portion within the repayment period ,
the inyestlgent cost
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(4) An estimated schedule of annual, payments for the storages
provided for present demand 13 attached as Exhibit b of this contract
aruwal pa}Rnenta as provided therein shall be made until an interim estimated
determination of. cost or a final determination of cost is made as The
Article 6, payment schedules for the stora e ,
demands will be furnished b
y r g provided for future such provided
supply
is started, and if based onestimated ~costs gwill ibersuwhen b,jectstooreviueion,oas
provided in Article 6, until actual costs are known,
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the indebtedness T euCity shallArave file right at any time it so elects to prepay
interest thereon to the date of such whole or in
_ .1 prepayment, Party with accrued
b. Ma or ca ital re lacement costs, The city will be r~qu red to to npay to
the Government 26 percent "the cos-t-
t fOZ any major capital replacement of
specific water supply facilities at Aubrey Lake, In addition, the Cit shall
Pay to the Government 11,835 percent of the costs of joint Ilse m y
replacement items at Aubrey
ajor capital
Lake such a the orae water supply is used. As thestorage lprovidedmforsfuturetwater supply future
is used, the share of the joint use major capital replacement items costs,
I~ which the City 14111 be required to pay in addition to the major capital
replacement costs of the specific water supply facilities, will be increased
commensurate with the percentage of the total water supply
up to a total of 22, storage being used
in lump sum on demand6atptheetimefsuchhcostseare incurred or annually with
interest on the unpaid balance Payment shall be made either
paid within the life of the Pro
, If ject inl notntoaexceed h25Cconsecutive annualbe
Payments beginning on the next anniversary date established in accordance with
the provisions of Article 5a(2) above following the date demand is made for
payment of said major capital replacement costs, Annual
will be due and payable on said anniversary dare All Paym
payments thereafter
accrued interest on the unpaid balance at the rate determinedrbysthel include
Secretary of the Treasury on the basis of the Water Supply Act of 14583 as
amended, for use in the Government fiscal year in which the said demand for
payment is made, with interest accruing from the dace said demand for payment
is made, The last annual payment shall be adjusted upward or downward when
due to assure repayment of all the incurred costs within the repayment period,
c. AAtnual o erstiori and mai_ nt nance costs,
(1) The City will be required to pay to the Government 26 percent
of the annual experienced operation and maintenance costs of specific water
supply facilities at Aubrey Lake
Government 7,774 percent of the annual.sexperiencedajoint useloperation and
maintenance c;a pay to the
to of Aubrey Lake until such time as the storage for future water
au;ply is fire, used. As the storage provided for future water supply
demands is vsed, the share of the annual experionced joint use operation
and maintenance costs, which the city will be required to pay in addition
to the operation and maintenance costs of the specific water supply
will be Inc):eased commensurate with the percentage of the total water asupplyes,,
storage being used up to a total of 14,450 percent of such costs, The first
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payment for operation and maintenance costs of present use water supply
storage in Aubrey Lake will be due and payable in advance within 30 days
after the Contracting Officer notifies the City that the Project is completed
and operational for water supply purposes, will be for the period beginning
on the date the Project is operational for water supply purposes and ending
on 30 September following, and will amount to the sum of the first payment
for specific water supply facilities costs and the first payment for joint
use costs, Annual payments thereafter, for each Government fiscal year ending
30 September, will be due and payable in advance on 2 January following the
close of the prior C07ernment fiscal year.
1
(2) When each and an I
_ any portion of the future water supply storage is i
placed in use, the first payment of the additional amount of the joint use
1 operation and maintenance costa required to be paid for such storage use will
be due and payable in advance within 30 days after first use of such storage
and will be for the period beginning on the date of said first use and ending
on 30 September following. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on
2 Januar/ following the close of the prior Government fiscal ,/ear,
(3) For the purpose of this contract and repayment requirements
by the City, costs associated with sediment resurvoya and surveys and
monumentation shall be considered an operation and maintenance expense,, and
those construction costs are capitalized and funded with Government Oaf
general funds, shall be considered as Project investment costs, and shall be
subject to repayment requirements as set forth.in Article 5a, The City will
be required to pay to the Government 10,155 percent of tine costs, of
sedimentation resurveyn at Aubrey Lake until such time as the storage for
I future water supply .s used, As the storage provided for future water supply
demands is used, the share of the sedimentation resurvey costs which, the City
i will be required to pay will increase commensurate with. the percentage of the,
total water supply storage being used up to a total of 19.,52$ percent of
such costs , Repayment shall be uutde either in lump sure on demand at tinge,
if such costa are Incurred or annually a,?.th interest on the unpaid balance, All
payments shall. Include accrued interest on the unpaid balance at the gate
determined by the Secretary of the Treasury on the basis of the Water Supply
Act of 19580 as amended, for use in the Government fiscal year in which the
said demand for payment is made, with interest accruing frim the date said
demand for payment is mado, The last annual payment shall be adjusted upward
or downward when clue to assure repayment of all the incurred costa within
the repayment period,
d. Charges for delis uc„t_payments, If the City thall fail to make
any of the aforesaid payments when due, then the overdue payments shall bear
interest compounded annually until paid, The interest rate to he used for
overdue payments due under the provisions of Articles 5a, 5b., and 5c above
shall be that determined by the Secretary of the Treasury on the basis of
the Water Supply Act of 19.58, as amended, fol: use in the Government fiscal.
year in which each period of delinquency occ.,;"). The amount charged on
payments overdue for a period of less than one year shall be figured on a
monthly basis, For example, if the payment is made within the first month
after being overdue (31 to 60 days after t;ie anniversary date)., one month is
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Interest shall be charged, This provision shall not be construed as giyi.ng
the City a choice of either making payments when due or paying interest, ror
shall it be construed as waiving any other rights of the Government, at law
or. in equity, which might result from any default by the City,
e. Assurance of funds for contract~arments. The City warrants that
all payments contracted hereunder shall be secured by a pledge of surplus
revenues of the City's combined Waterworks and Sanitary Sewer System
remaining after payment of all expenses of operating and maintaining such
system and after providing for payment of all debt service, reserve, or other
requirements in connection with the City's Waterworks and Sanitary Sewer
System Revenue Bonds now outstanding or those hereafter issued on the. same
basis or on such other basis as may be approved by the Contracting Officer,
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rovided, that in the event such surplus revenues are not available to meet
the
ratesaandnchar,~gesrforeservicesdof,sathe City id shall fix
will possible
I ~ the payment prompt of all the aforementioned requirements including payments
contracted hereunder, Payments made by the Cit- as Project investment cost
and as major capital replacement costs and sedi,)~ntation resurveys costs
shall be regarded as capital expenditures.
ARTICLE 6. Construction cost ad ustments, All construction cost dollar
amounts in this con ect, __neluding those in the Exhibits, are tentative only
based on the Government's best estimates. They will be adjusted upward or
downward by the Contracting Officer when final construction costs become knowu,
and the contract will be modified to reflect the adjustments. Within two
years after the Project is completed and operational for water supply pur-
poses, the :ontracting Officer shall make a revised interim estimated
determination of construction coats, including interest during constra,l„ton
and taking into account the actual costs to the extent they are then known,
In like manner, further interim ueterminations shall be made or: two year
I intervals until all actual costs are known, at which time the Contracting
Officer shall prepare a final cost determination, including interest during
construction, On each occasion of an interim determination, or on final
determination, the annual payments thereafter due shall be changed so as to
provide for the payment of the balance due in equal ascents
remaining life of the repayment period, and a sd schedule, during the
as necessary, of annual paymentsshallbefurnishedtotheCity or schedules
ARTICLE 7, Duration of contract, This contract shall be effective
when approved by tie Serq of the Army and shall continue in full force
and effect for the life of Aubrey Lake and Lewisville Lake. Both Aubrey Lake
,viand the additional storage to be made available in Lewisville Lake have been
v, formulated on the basis of 100 years economic life.
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! ARTICLE 8. Permanent rights to storage, Upon completion of payments
by the City as provided in Article 5a herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law 88-140,
43 U.S,C. 390e), to the use of the water supply storagc spaces in Aubrey Lake
and Lewisville Lake as provided in Arti-le 1, subject to the followingI
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et. The C1ty shall continue paymenC of its share, as provided in
AYtici.a 5c, of thr~ annual operation and maintenance cos CE allocated to water
supply.
b, The City shall bear 2F percent of ttie costs allocated Co (1} water
supply for Aubrey Lake and (2} tae total storage space between ele~~ations
515.0 feet above mean sea level and 57.2.0 feet above mean sea level fog.
Lewisville Laka of any necessary reconstruction, rehnhilitation, or re1~lace-
ment of Aubrey Lake or Lewisville L,al;e features which may be. rcgikirad Co
continue satisfactory operation of Aubrey Lake or. Lewisville Lake.. Suoh costs
will be established by Che Contracting Officer. Repayment arrangements,
including schedules, will be in writing and will be ~n.ade a part of this
II',, contract.
c. Upon completion of payments by the City as provided 1u ttrtic3.n 5n
herein, thu Contracting Officer shall redet.c:rmine the storage space iur
municipal and industrial water supply iu Aubrey Lake, taking into account
p'' ~ .such equitable reallocation of lake storage capacities among the pu~'poaes
aexved by Aubrey Lake as may be necessary due to sedimentation. Such
findings, and the storage space allocated to municipal and industrial water
~ ' ~ supply, shall be defined and described in an exhibit which will be made a
past of this contract. Fallowing the same principle, such reallocation of
lake eCaraga capacities nay be further adjusted from time to time na Che
result of sedimenCACion reaurveys to reflecC actual rates of sedimentation
and the exhibit revised to ah~w the revised storago apace allocated to
municipal and industrial waCCr aupp].y.
~ d. The permanent rights the City under this contract shall he
continued so long as the Government continues to operate Aubrey lake and/or
Lewisville Lake, Tn Che event the Covarnmant no longer operates Aubrey Lake
j i or Lewisville Lake, such rights may be continued st~b,ject to the execution of
a separate. contracC, or aupplemnnCal agreement, providing fort
~ (1) Gontinued operation b~ the City of such parC of the facility
j j As is necessary for uti].izaCion of the ~aaker supply storage BpACes allocated
~J to it;
' (2) 'Perms which w.ll1 protect the public interest; and
(3) laffecCive abeolvement of Che Government by Che City from all
liability i,n connection with such continued aparation. ,
ARTICLE 9, Release of. claims. The City shall hold and Savo the
Government, including its oEficere, abents, and employees, harmleso Erom
liability of any nature or kind for ur on account of any claim for damagos
which may ba filed ar asserted ns a result of Che storages in Aubrey Lake and/or
Lewisville Lake, or withdrawal or release of water from or transfer of water to
or from Aubrey lake or Lewisville Lake made ar ordured by the City, ur ae a
result of the construction, operation, or mninCennnce of Che features and
appirtenancea owned and operated by the City, provided, Chat this shall not be
construed as obligating Che City Co hold and save Che Covarnmant harm.leas
- _ r
y
from damages or liability resulting from the
or its officers, agents, sole negligence of the Government
or employees and not involving negligence on the
oP t part
he City or its officers, agents, or employees.
ARTICLE 10, Assignment, The City shall not transfer or assign this
contract or any rights acquired hereunder, nog sub -all,,t said water supply
storage spaces or any part thereof, nor grant any interest, Privilege,
license whatsoever in
restri c connection with this contract, without the a
the Secretahirysof the Armtio or
interest yn, rovided, that n Iles,: contrary to the ubroval of
t shall not be construed to a p li,,
may be obtained frorn the water supply storage spaces apply to any water that
the to any third party or parties, nor any method City and
' d of allocation thereof.
1 ARTICLE 11, Officials not to benefit. No membe or Congress, or Resident Commissioner, shell be admittedrtofany share or to
of this contract or to any benefit that may arise herefrom; but this
provision shall not be construed r part
corporation for its general benefit extend to this contract if made with e
ARTICLE 12, Covenant agates- Wt continent fees, The City warrants that
no person or selling; agency has been employed or retained to solicit or
secure this contract upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee excepting bona fide employees or bona
fide established commercial or srlling agencies maintained by the City for
the purpose of securing business,
For breach or violation of this warranty
the Government shall have the right to annul this contract without liability
,
or in its discretion to add to the contract price or consideration or
onccontingentofee,the full amount of such commission, percentage, brokerage,
i ARTICLE 13, environmental
and maintenance by the City op e_yafjt facilities any construction o
E to control, environmental , P cifi.c actions willp be eration'
POllutIOT1 which comply with applicable Federal, State,oanddlocal llawsoanduregulations and
concerning environmental pollution, Particular attention should be given to
(l) reduction of air pollution by cnt containment of chemical vapors, andocontrolfofuengine exhaust gases and
d+noke from temporary heaters g, minimization of dusk,
i (2) reduction of water
Wuritary facilities, stera&e of fuels and other contaminants, and control of
turbidity and siltation from erosion, Pollution by control of
evels;
(4) onsite and offsite disposal of waste)andnspoil; a n nd o(5) f S) noise lvention of
landscape defacement and damage.
P a
ARTICLE 14. Federal anti State laws.
a• In acting under its rights and obligations hereunder, the city
agrees to including butpnotwl.teited topth~able Federal and Stets and (40 U, S, C. 276a et se Provisions of the Davis-Bacon Actgulationa,
(40 U,S.C, 327.333 q')' the Contract Work Hours and Safety Standards Act
and Title 299 Code of Federal Regulations, Part 3.
9
b. The City furnishes as part of this contract an assurance
(Exhibit C) that it will comply with Title VI of the Civil RightsAc
1964 (78 Stat, 2411 42 U.S.C. 2000d et seq.) and Department of Defensteof
Directive 5500,11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations,
ARTICLE 15. Definitions,
a. Joint use costs. The costs of features used for any two or more
Project purposes,`
b• Project investment costs. The initial coat of the Project, Including: land acquisikio
the value e of land n; construction; interest during construction on
the val, labor, and materials used for planning and construction
of the Project
c• SPdCif Ic costs, The costs of Project features normally serving; only
one particular Project purpose.
d. Interest durins-construction. An amount of interest which accrues
on expenditures for the establishment of Project services during the period
between the actual outlay and the time the Project is first made available
to the city for water storage,
ARTICLF, 16. Aa roval, This contract is subject to the written approval
of the Secretary of the Army, and it shall not be binding until so approved.
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IN WITNESS W11EREOF, the parties hereto have executed this contract as of
the day and year first above written.
APPROVED:
THE UNITE) STATES OF AMERICA
Secretary of the Arm "Donald J, Palladino
y Colonel, CE
\ Contracting Officer
- 1 Date
CITY OF DENTON, TEXAS
By~
J j Joe tc a
Mayor
i
I, Brooks Holt, certify that I am the City Secretary of the City of Denton,
Denton CounCys Texas named as City herein, that Joe
rfit
che7.1 who
Signed this contract on behalf of the City of Denton was then Mayor of the
City of Denton, Texas; that said contract was duly signed for and on behalf
of the City of Denton, Texas by authority of its governing body and is
I within the scope of its legal, powers.
i
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said
City of Denton, Texas this day of
Brook got t
Secretary
City of Den,to;;, Texas
CORPORATE SEAL
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Contract No, DACW6340-C..
I AUBT REYYAND LEWISVILLE LAKES '
EXHIBIT A
II- LAKE STORAGES
Aubrey Lake
Gross Percent Percent of
/ Elevation storage of gross water supply
Feature
(fee (acre-feet) sty oru~ge stogy
_to t)
Flood control 632,5-640,5 265,000 24,892
Water supply below 632,5 799,600 75,108 100.0
(City of Dallas) below 632,5 (5910700) (55.580) (74,0)
(City of Denton) below 632,5 (207 900) (19,528) (2610)
Totals
1. 60 6 0 10000
i
Lewisville Lake
i
Gross Percent Percent of
11" Elevation storage (1) of gross water supply
I Feature feat msl (acrd-feet) storage(2) etora_ ge
Flood control 522.0-532,0 336,100 65,427
Water supply 515 ,0-522 ,0 177 ,600 34t573 100,0
(City of Dallas) 515 ,0: 522 ,0 (131,400) (25,584). (74.0)
(City of Denton) 515.0-522.0 (46 200) (8,9891 (26,0)_
Totals 13, (2) 10,000
(1) 1985 condition,
(2) Between elevations 515,0 and 532.0 feet mel.
II - PROJECT ESTIMATED CONSTRUCTION INVESTMENT TO BE ALLOCATED
Federal construction chat $211,2090000
Nonreimbureablo costs (unallocable) (1) 9,.t~8,2~6 ~0~00
Project cost to be allocated ,Jtl3,0VO
Interest during construction on allocable cost (2) 1-91068 000
1 Project construction investment to be allocated r451,'o00
(1) Relocation of roads above replacement-in-kind standards,
(2) Interest rata for Federal share of recreation - 3,25/,
Inter~;st rate for water supply and nork-Federal share of recreation
7.210%.
A-1
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TIT - &,OOCATION ON ESTIMATED CONSTRUCTIv,q INVES7MENT
-6--- r~.__ fits
Separable coatemaining benefits ;nethod) t•--'~
`
Water
sI'PPLIL Recreation Totals
1. Speci.:tc facilities cuet; $ 2182000 $27,0520000 $ 27,270,000
Aubrey Lake (218+000) (230471,000) (23,6890000)
Lewisville Lake (0) (3,581,000) (30581,000)
2. Joint use facilities coat; 126,628,000 47,485,000 174,113000
Aub-:;.y Lake (122,442,100) (45,925,200) (168,367,300)
Lewisville Lake 4,185,900) (10559 800
Subtotals - cost $126,846,000 M7$,537,DOO) (5745,,70)
3. Interest during ,01 ,383 ~000
construc0,on ; 18 ,312 0000 (j.) 10 0756 ,000 29 ,068 ,000
Aubrey Lake (1717079700) (10 401 000) (28;108,800)
Lewisville Lake (604,300) (354~900 )
4. Total allocation - - . _L_ (9599200. 1
investment; $145,158,000 (2) $85,2939000 $230,4510000
Aubrey Lake (140,367,800) (82)478,300) (2220846)100)
Lewisville Lake (4,790,200) C20814,700) (7,6040900).
f (1) Interest rate for water supply - 7,210% (fiscal year 1980), Interest rate
for reimbursement for water supply storage will be set as of the beginning
of the Government fiscal year in which construction of the project is started.
(2) Investment cost to be repaid by; Lewisville Lake Aubre Lake Totals
City of Dallas - 74% $544,700 $143,872,200 $10 ,41 ,900
Present water supply (3,544,700 (52 312 1100) (55,856,800)
Future water supply (0) (51 (51 1100)
City of Denton - 26% 05600100) ,560
1,2450500 360495,600 370744,100
1 Present water supply (11245,500) (180977,700 (201223,200)
Future water supply (0) (17 517 900) (171517 900)
Totals $ l , 140,36 0800 $ 45,15 ,000
IV - ALLOCATION OF ESTIMATED OPk.RATION AND MAINTENANCE COSTS
Aubrey
Lake
e
A. Allocation of estimated total annual costs;
I
i Water
sate, Recreation Total
1, Specific cost $'70,400 $642,000 $712,400
2. Distribution of joint use
coat (percent) 57,50 42,50 100.00
3. Allocated joint use cost 102,300 75 600 177 900
4, Total allocation X172,700 x'717 600 X890 3300
To be paid by the City of Denton;
26% of specific cost for water supply facilities $180300
Aubrey Lake joint use cost;
Present use w/o storage (0.52 x 0,26 x 0,5750 x $177,900). 13800
Future use w/o storage (0.48 x 0,26 x 0,5750 x $177 900) 12 800
Total 4,9 0
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Payment for the City of Denton's share of the annual operation and
maintenance costs allocated to water supply storage for each Government
fiscal year will be made by the City in advance on 2 January following
('lose of the prior Government fiscal year, For present use water
supply storage, the first payment for such costs will be estimated
based on the Contracting Officer's annual estimates therefor, prorated
as necessary for a partial year of Project operation, Each annual
payment thereafter will include (1), an advance payment for the current
fiscal year, estimated based on the actual operation and maintenance
costs incurred for the preceding fiscal year (except as noted for
particular conditions), and (2) an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year. For future use water
supply storage, all advance: payments will be estimated based on the
actual operation and maintenance costs incurred for the preceding fiscal
year (except as noted for particular conditions), The first advance
payment will be prorated as necessary for a partial year of storage use,
r and each annual payment thereafter will include an advance
payment for
the current fiscal year and an amount (plus or minus) to adjust sL• the
estimated advance
payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year,
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V , ALLOCATION OF ESTIMATED MAJOR CAPITAL RFPLACLTIENTS
COSTS AND SEDItf>;NT TION 'SURVEYS
Major capital replacements costs; (1}
Aubrey Lake
Water
!~PP1Y Recreation Total
1, Specific cost $7.60400 $1290000 $145,000
2, Distribution of joint use cost (percent) 87,55 12,45 100,00
3, Allocated joint use cost 21 100 31200 24,100
4, Total allocation 3 ,100 ,fi132,000 X169,100
To be paid by the City of Denton;
1 26% of specific cost for water supply facilities $40160
Aubrey Lake joint use cost;
Present use w/s storage (0,52 x 0,26 x 0,8755 x $24,100 20852
Future use w/a storage (0,48 x 0,26 x 0,8755 x $24,100 (2) 2 633 {
{ Total 9,645
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(1) Estimates of average annual charges are used for determination of
allocated percentages, All charges will be based on the indicated per-
centages of actual coats if and when they are incurred,
(2) Additional amounts of joint use cost required to be paid as future water
supply storage is used will. be computed as fullowst
Percent of future w/s
stye placed in use x 0,48 x 0,22763 x actual joint use cost
100 I i
B. Sedimentation resurveyg costs,
.iu. breY :,akc~
f Sedimentrtion resurveys costs allocated to water supply and to be paid by
the City of Denton in accordance with Article 5c(3> are based on the
percentage of the gross storage in Aubrey Lake represented by the storage
right of the City - see section I of this Exhibit A.
Present use water supply storage 0,52 x 19,528% a 7.0.155%
Percent of future w/a
Future use water supply storage store a Y00ced in use x 4.,.373%
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VI - COMPUTATIONS FOR ANNUAL PAYMENTS FOR INTEREST AND AMORTIZATION
Ptesent use water supply store;
Amount to be amortized;
I,ewisvil.le Lake $ 4,790,200 x 0,26 $ 10245 ,500.
Aubrey Take $140,367,800 x 0,26 x 0,52 18,977,700
Total $.0,200'
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 7,210 percent,
P - (A r P) (i + c) Where; P - annual payment
P - (A - P)(,074560241.9P) A - amount to be repaid - $20,223,200
P - .0745602419A - 0,0745602419P i - interest rate - 7,210%
1,0745602419E - 0.0745692419A (i+c) - interest rate plus amortization
p „ ,0745602419($20,223 2, 00) coefficient for 49 years b 0,0745602419
" 1 0745602419
P m $1,4030222,10
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aunnux r.+u.r.
EXfIIBIT B
Al. E{A.
PMT, F'AYME:N'I' TO PAYME:N'I' TU I (1T
F'OTAN'I L ANC:E: AN !R
N0, IN1'F:R1 v F•'}2INCIPAL DUE
:202'23200. UO
a > `'7
1 O,OU 14U;3:...:..1t) 1203:,.,,,.,, 10 1801977,70
6301,69 140:32.22. 10 1[3773676.:21
2 1:3,x69'20.41 4 140'5:!2.2.10 187240:36.16
3 1353'513:!.05 4630196AO UU9 14U322 2,10 1E3670817.07
4 13°;0003,01. c_570'1"fi, 19 9 1403:''2:!,10 :I£361.;3760.Of3
1:`,4616.;>91
6 13420`1 !.16 61169,94 1203:?2 ?,'l(; 1f3,.'rS<?;:i'i0, 94
7 133'%64:1 #01 6551:30,29 14032'22 , :10 1 £348 %010. 6`i
x()309 63 1403222,10 18416702.02
8 133:;!913,4'7 1.40:3:':!:!,14 1!1341.324,14
9 1327844.22 7., 577.8!1 ,
10 13:!2409.47 190812.63 1.403'9,.:_:..:10 10260 11,1`;1
11 131.6°i8:!,t1E3 1166;39,:!1403222.10 101.7-i£17:!,,,,9
131U33fa,:ly 98!3:3,91 1403222 .:kt) 1!10!10986,3£1
2>
1,1 130;36;3';.9958:?, 90 1.403222, 1.0 9.7YU9.403,40
14032:2'2.1.0 17874640,49
14 1:.''964"i9.1'i 1.U676k!,9t
1.1.4460,"ei.' 14032:.'.'!,10 17760:179,9'7
15 19,?!11:1761.51.1 17637466.!'15
- 16 1.![10'1,0£3,91;3 1:?,'.'71.;3,'1? J,40322.2. 14
1 U6 1
1
i% 127 1.661. , 36 1'31.560,'74 1 1.4032::!:12 10 1 1.7736 4413 `1'7 , J.410A6. 27 . 4 03 . . 114
J.8 1162'175,1:13 22.10 17:!13644,:1.5
19 J.?;5:!006,39 1.403
19 1241103 .74 16'21111 ,;36 14032:22,1.0 17!);:11 , '7'7
r :1403"? 22 1 Q 16U777'18, 60
21 12..:941'5.01 1'73007,47 !22
11363'3U0 .140 1.0
3':. .'J.0 166913W) 1: .1681:13 ..x.,- ~ 1.6491606 ,
22 i 1
U
7,3 .2,03420.51 .1997T3, ~.,7 1403222,1
1403 22,10 162Y7429.:'4
2,} 1109044 , 01'33 14
:2.'41.7'%
96',19,4"•1 1.4o;i222,10 1,604-/009#79
25 117;3602.6;:, ~ 14(73:?:+!!.lp 15!1016:34.70
26 1'157047.09 24fta.75 .01 15537710.E'1
,c 26;39.!4,:!;.3 14010
27 113777.£37 •2 .1403222+10 1,`.;21547`57,38
20 1120'2'68,9,7;3 ;39,.9,.,,3.17
:-,1U 149;'; 1 405 , .!9
29 1099060,0:1. ;:303354,09 5443 22
1403:+!:-'2,10 146261-0 37
30 1077996 .1.0 32 32:' [3674. 9 2 2 140;3222 ,10 142'7'7[;02.66
31 1.054547 , 39 1.403222 0 13903689 ,50
32 10:!'7407.94 :.373014.16 J.:iSU.'.9:? 2 „34
00'766.16 140',Q22 , :1.0
j 33 1()0:?4°;5.94 4 y 140 i'.:!t!.• 1U 13073260, 94
'34 ?7-xw)0.70 429661.40
y 4f.>()h39 .99 1403'222,10 126 J. 2620, 95
35, H49,,y01 kl r ~"a 1403:22::?.1U 1:21J.E1768,02
36 909569, 97 4 73812, 13 140322:'., 10 11..5!39309, 9U
527458 , 8'7
37 67'.3763.?3
38 Cl;i`,"i5EJ9,~!`.i `~6%6~K<',8;3 14U;3!:?~?. 10 1106.56'77,1.0
CC, 140,3222,10 1041311%,9'2
j 39 7r71662#92 6U8,~,,,',lEl 976U6BI,62
6524;36.30 1403:-'S' ,:lU
40 71078`5 , !10
1403'222,10
41 70374,`.3,14 9061204,66
699409,24 , 14 03 2 2 , 1
42 6`53312 , 06 749'7: 4 8317 37;;17 t-/2
43 59,?244,40 £30397'7,'%0 14035-10 7501'7.7..
861944,49 14032'22,lU 664`;373."3
44 X417.7/.6'1 9124090, 69 14U:3~'.~'.:?•'1.O ;57:?1202,54
4J 4791:11,,41 (?90717,63 14032:...'•22,'.k0 4730564,91
46 4t2504,47 ,22,1U 3668416,54
47 34107-3 .7:3 106:!148,37 1401403222#10 µ~,1U
2S29607#27
46 264492,8;3 113[37'9,:'7 140:.322 ,,2 130!18;5,62
49 1w..!:i90,45 1.!20831,fa:i 1403: ,10
0600
1;30!3!b2 :1403!:4
SU 74368.47
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I Contract No. DACW63-80-C-
AUBREY AND LEWISVILLE LAKES
EXHIBIT C ,
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE. VI OF T11E CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, 'T'exas (hereinafter called "Applicant-
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
1 or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
-issued pursuant to that title, to the end that, in accordance with title VT
of that Act and the Directive, no person in the United States shall, on
„ the ground of race, color, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
j under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U. S, Army Corps of rriginePrs and
HEREBY GIVES ASSURANCE THAT it will immediately take any measured necessary
to effectuate (.his agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
the U. S. Army Corps of Engineers, assurance shall. obligate the Applicant-
Recipient, or in the case of any transfer of such property, any tr.ansfaree,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for au:.cher
purpose involving the provision of similar services or benefits. If auy
personal property is ao provided, this assurance shall obligate the
Applicant-Recipient for the period during which it retains ownership or
I possession of the property. In all other cases, this assurance shall
obligate the Applicant-Recipient for the period during which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers,
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any an(? all Federal. grants, loans, contracts, property, discounta,
or other Federal financial assistance extended after the date hereof to the
Applicant-Recipient by the Department, including installment payments after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal assistance
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
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judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and tha
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
Dated By
oe to to ~
Mayor
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f Brooks Holt
Secretary
City of Denton, Texas
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Contract No. DACW63-80-C-
AUBREX AND LEWISVILLE LAKES
EXHJIT D
OPINION OF COUNSEL,
I have reviewed ano approved contract number DACW63-80-C- between
the United States of America and the City of Denton, Texas.
f } Particularly I have considered the effect of Section 221 Of Public Law 91-611
! (42 u.S.C. 1962d-5b) and am of the opinion that the City of uenton, Texas
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
I ! ,
1 Dated
Paul C. Isham -
j City Attorney
City of. Denton, Texas
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Contract No, DACW63-BU.-C-0000
CONTM- CT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OI' DENTON, TEXAS';" 1
FOR
RECREATION DEVELOPMENT
AT
AUBREY AND LEWISVILLE LAKES, TEXAS
THIS CONTRACT, entered into this
between the United States of day of
America (hereinafter called the 19 p by and
Government), by the Contracting Officer executing this contract, and the
WITNESSETH City of Denton, Denton County, Texas (hereinafter called the City), '
\ THAT;
1 WHEREAS, construction of Aubrey Lake (hereinafter called the Project)
wa79sStat auth,oriz1091)ed by the River and Harbor Act of 1965 (Public Law 85~-298,
I ; and ~
WHEREAS, construction of the Project includes a reallocation of store e {
apace in Lewisville Lake (immediately downstream from the Project) and a g
substantial increase in the surface area of the conservation pool of
Lewisville Lake; and
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WHEREAS, said increase in the conservation pool of Lewisville Lake will
make necessary the development of additional recreation areas and facilities
at Lewisville Lake to meet the increased recreation potential of the larger
lake; and
f WHEREAS, the aforesaid requirements at Lewisville Lake are hereby
included in the recreation development described in this contract for
j Aubrey Lake, the term Project when used hereinafter shall ba. understood to
include these additional requirements at Lewisville Lake; and
WHEREAS, the City io authorized to administer Project land an
water
are for recreation purposes and to operate, maintain, and replace er
facilities provided for such purposes and is empowered to contras, in these
respects ; and
WHEREAS, the Government is authorized by the Federal Water Project
Recreation Act (Public Law 6y-72, 16 U,S,C, 460E-12 et aeq,) to make
contracts with non--Federal public bodies for development, management, and
administration of the recreation resources of Federal water resources
projects,
NOW, THEREFORE, the Government and the City agree as :ollowe;
ARTICLE 1, Definition of terms, For the purposes of this contract,
certain te,,me are leffined as follows;
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a. Joint costs. The total cost of the Project minus the sum of the
separable costs for all Project purposes,
b, First costs, used interchangeably with the terms "capital costs"
and "Project costs", is the initial capital cost of the Project, including:
engineering, design, supervision, and administration; land acquisition;
construction; and interest during construction.
c• tearable costs, as applied to any Project purpose, meana the
difference between the capital cost of the entire multi-purpose Project
and the capital cost of the Project with the purpose omitted.
d. Interest durinj-construction consists of an amount of accrued
Interest computed on and added to expenditures for establishment of 1
Project services during the period between the actual outlay and the time
` the recreation services become available.
}
ARTICLE 2, Lands and facilities.
a. The Govercmc)nt agrees to design, construct, and operate the Project
-r to provide for optimum enhancement of general recreation consistent with
maximum utilization a£ water supply and flood control in the Project.
Details on lands necessary for such enhancement are shown in the Prnject
RECREATION RESOURCES APPENDIX to DESIGN MEMORANDUM NO, 2, as concurred in
by the City and incorporated herein by reference,
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b. In addition to the lands to be acquired for the other authorized
purposes, the Government will acquire certain lands specifically to enhance
the recreation potentials of the Project. The lands anticipated to be
acquired for all Project purposes, including recreation, are those lands
shown on Plates I-1, I-2, and I-3 of the above referenced approved
I RECREATION RESOURCES APPENDIX to DESIGN MEMORANDUM NO. 2,
r. The City, in cooperation with the Government, will prepare a
mutually acceptable "Phan of Recreation Development and Management" which
will depict and identify the types and quantities of facilities which the
City and the Government will construct in accordance with this contract.
The presently estimated cost of facilities to be so provided is contained in
Exhibit A, entitled "Estimated Separable Recreation Coats", attached hereto
and made a part hereof. Such estimate of facilities coat is subject to
rea.anable adjustment as appropriate upon approval of the above mentioned
"Plan of Recreation Development and Management" and completion of construction.
d. The facilities as shown in Exhibit A, as it may be adjusted in
accordance with paragraph c above, shall be conatrticted jointly by the
parties through mutually satisfactory division of responsibility for
construction which takes into account direct and indirect cost savings which
may be gained by the parties in the public interest for, certain specific
facilities, provided, that the facilities to be constructed by each party
shall be formally agreed upon by the two parties prior to construction,
conetatent with the provisions of Article 3.
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e• The Government will make available by lease t
instrument to be incorporated herein as an exhibit, t
administration, the use and for to
occupancy of approximately City 8,370 aAresofnlandd
and water areas (more full described in
and ManageroenC") Y the "Plan of Recreation Development
constructed ' together with facilities located thereon and acquired or
includin pursuant to his contract No provis
g this paragrapht
ion o£ this contract,
shall merge into any such lease, but each and every
obligation of each party hereto shall, remain in full forte and effect unless
'.ltered by mutual agreement or Article 10 hereof,
f• Title to all lands and facilities specifically acquired, developed,
or constructed by or with Government assistance to enhance the recreation
potentials of the Project shall at all times be In the United States,
g. The performance of any obligation or the the Government under this contract is contingent e expenditure o Congress an
the necessary appropriations and funds being allocated andmade available
for the work required hereunder,
s
ARTICLE 3, Consideration and oa eat, Each
or. contribute in kind fifty percent (50%) of the separable costs of initial +
recreation development and fift o party hereto will, pay
y percent (50%) of the separable costs of
future development of that portion of the total development
by the City. In addition, as between the P Participated in
be specified to the contrary in any separate
crontractabetweand enathePt as may
the Government will, pay one hundred percent (cone
Project allocated to recreation, of parties,
the joint costs of the
a. Initial develo meat.
separable costs Of init e1 recreation Fifty perce p
nt men t of the estimated rti
cipat the Cat is
separable is costs shall estimated be be $2,494,500, The City's shat ofs in es
paid to the Government asfollows~ such estimated
(1) There shall be deducted from the City's share an amount equal to
the sum of the fair market value of any lands or facilities
City (such value being computed as of the date a Provided by the
were provided and net including uch lands facilities enhancement due to the ProjecL) candany
cash expenditures nude the City toward separable costs of the Project.
GovernmentThe amoInterv9t on unt remaining after such deduction shall be paid to the
after the recreation facilities aunpaid re first lavailable iforiuseful operation.
Such repayment will fifty (50) Years
be made annually i such equal amounts as to complete
repayment within such fifty (50) (50) year period.
shall aInterest during dconst construction and interest on the unpaid balance
Uhall States r of the beginrmi y the Secretary of the Treasury of the
coi,atructien is initiated g Of the Government fiscal year ;
of the Water 18 1 Pursuant to the formula preacri.bed by Sectionh301(b~ct
PP Y Act of 1958 (Public Law 85-500, 43 U.S.C. 390b(b)), Such
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interest rate shall not change during the repayment period, The interest
rate in effect at the time of negotiation of this contract (Government
fiscal year 1980) is 7,210 percent,
(4) The estimated schedule of repayment for this Project, based on the
current estimate of separable costs, the interest rate in effect on the
date of execution hereof (7.210%), and 50 year repayment, is contained
in Exhibit B of this contract. This repayment schedule will be recomputed
by the parties upon completion of construction on the basis of actual
separable costs incurred, the interest rate in effect for the Government
fiscal year in which Project construction is initiated, and the amount of
the City's share remaining unpaid at the time the Contracting Officer
notifies the City in writing that the lands and facilities are available 1
for useful operation. Interest during construction shall. be paid over a ,
period of years as part of the separable costs of the Project, but subsequently
1 accruing interest shall be paid with the installment due at the end of the
period in which such interest has accrued,
(5) The initial payment shall be due and payable within sixty (60)
days after the City is notified in writing by the Contracting Officer that
the lands and facilities are available for useful operation. Subsequent
payments shell be due and payable to the Treasurer of the United States
within sixty (60) days of the yearly anniversary date of such notice. If
the City shall fail to make any of the aforesaid payments when due, then the
j overdue payments shall bear interest compounded annually at tloe rate provided
above until paid. The amount charged on payments overdue for a period of
less than one year shall be figured on a monthly basis. For example, if the
payment is made within the first month after being overdue (61 to 90 days
after the anniversary date), one month's interest shall be charged. This
provision shall not be construed as giving the City a choice of either making
payments when due or paying interest, nor shall it be construed as waiving
any other rights of the Government, at law or in equity, which might result
from any default by the City.
(6) The City may, without penalty, prepay at any time or times any
part or all of the principal and interest due and payable under this
contract. Interest with respect to any prepaid principal shall accrue
only through the date of repayment.
b. Future development.
(1) Fifty percent (50%) of the estimated separable costs of future
recreation development to be participated in by the City is currently
estimated to be $1,274,700,
(2) Future recreation development as provided in this contract shall
be contingent upon the availability of Government fuuida therefor,
(3) In the event there shall not be available sufficient funds to
provide the Government's share of future development as the need arises,
the City may develop or continue to develop the necessary facilities
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provided prior approval of such development is received in writing from
the Government, Upon receipt of notice that Government funds are again
available for such development, the City may withhold payment of additional
amounts until such time as the payment of funds from each party is balanced
at fifty percent (50%) of the total separable construction expenditures
for this purpose to that time,
development at its own If the City has completed the future
expense due to the unavailability of Government
funds, upon such Government funds again becoming available the Government
shall. reimburse the City for the
expense. Nothing herein shall be >nstrued assobligatingctheeGovernment to
appropriate or allocate funds, or r., obligating either party to make
in excess of funds appropriated or allocated by the Government, for this
particular purpose or as authorizing the City to withhold making installment
paraRre;,h a of this Article,
1 (4) when Government funds are mado available, and to the extent the
City may not already have provided equal amounts under the provisions of
Article 3b(3), the City shall be obligated to
development and to balance the funds provided byothedGovernmentriforrthisation
combicular purpose fo The City amay nnprovide its share of funds by one or a
market value thereof at the time provided; (2) a cash contkind at the fair ributio construction; (3) a cash payment Immediately followingcompletionr~ofrior
to
construction; or (4) repayment to the Government, with interest on the unpaid
balance, within the life of the Project in not to exceed 50 consecutive
equal annual payments. For options (3) and (4) above, the amount to be
repaid shall include, in addition, interest during construction computed at
the rate specified in Article 3a(3), For payment option (4) above, the
provisions of Articles 3a(5) and 3a(6) apply, payment schedules will be
furnished by the Contracting Officer as required and will be attached as
an exhibit to this contract and become a part hereof without further action
by either party.
c. OtKir Federal funds, No repayment credit of any kind whatsoever
will be allowed the City for expenditures financed b consistin of, either in whole or in io involving, or
g ' pare, contributions or r grants of
assistance received from any Federal agency in providing any lands or
facilities for recreation hereunder.
d, Ad ustments to reflect costs, The dollar amounts set forth in
this Article are based upon tlre'GGovern'ment's beat estimates and are subject
to adjustments based on the costs actually incurred. Such estimates are not
to be construed as representations of the total financial responsibilities
of each of the parties,
e. Allowable coots, Allowable costs by the City shall include all items
of expense 'properly-'chargeable to the development of recreation facilities
under the "Plan of Recreation Development and Management," including but not
limited to engineering, labor, materials, transportation, insurance, overhead
charges properly allocable to the work, supervision, surveys, permits, rental
5
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of tools and equipment and machinery employed in the work, together with such
other items of expense as should, in the opinion of the Contracting Officer,
be included in the cost of the work, For the purpose of determining
expenditures made by the City, the City shall provide at the end of each
Government fiscal yeQr properly certified invoices, in quadruplicate,
supported by such evidence of payment made by the City as may be required by
the Contracting Officer, All. original timecards or payrolls, material records,
and accounts for all charges and expenditures by the City, which are subject
to equalization, shall be available at all reasonable times to allow the
Government to check and audit the invoices submitted by the City, So far as
practicable, separate records shall be maintained by the City on all items
and accounts which shall constitute the basis of information from which the
invoices shall be prepared.
ARTICLE 4. Construction and operation of additional facilities.
Certain types of facilities, including but not necessarily limited Co
restaurants, lodges, golf courses, cabins, clubhouses, overnight or
Vacation type stYuctures, stables, marinas, swimming pools, coi=issaries,
chairli.fts, and such similar revenue producing facilities, may be constructed
by the City or by third parties and may be operated by the City or by third
parties on a concession basis, Any such construction and operation of these
types of facilities shall. be compatible with all. Project purposes and shall
be subject to the prior approval of the Contracting Officer, To the extent
that such facilities satisfy elewents of the overall recreation plan, the
City shall receive credit for costs of such facilities against amounts due
under Article 2; however, facilities provided for which the City is not
given credit shall not be deemed to have been developed or provided with
Government assistance for purposes of Article 2f.
ARTICLE 5, Fees and ehary,es, The City may assess and collect reasonable
fees for entrance to developed recreation areas and for use of the Project
facilities and areas leased by the City as shown in Exhibit C of this contract,
Prior to opening of the recreation lands for use by the public and not leas
often than every five years thereafter, the City shall submit a proposed
fee schedule to the Contracting Officer for approval, Said proposed fee
schedule when approved shall supersede Exhibit C without the necessity of
f modification of this contract, The Contracting officer shall approve said fee
1~.._J) schedule if he finds the proposed fees to be reasonable, In making such
determination, the fees shall be judged by the principle that the fees
collected should, to the extent possible consistent with optimizing attendance,
retire the investment by the City over a 50--year period and pay operation and
maintenance and replacement costs, including depreciation.
ARTICLE 6. Federal and State laws,
a. In acting under its rights and obligations hereunder, the City
agrees to comply with all applicable: Federal and State laws, and regulations,
including but not limited to the provisions of the Dayis-Bacon Act
(40 U.5,C. 276x-a(7)); the Contract Work Hours and Safety Standards Act
(40 U,S,C. 327-333); and Part 3 of Title 24, Code of Federal Regulations,
6
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b• The City fuishes as
(Exhibit D) that it wilrnl tom part of this conkrart an
1964 (78 Stat, 241) 42 P1y With Title 4I of the an assurance
U civil
Directive 5500,11 issued,S•C' 2000d et se Rights Act of
Title 32, Code Of Federal pursuant theretogandand Department of Defense
obtain such assuraucea
Pns, eallaofoits Published in Part 300 of
from The City agrees also that it will
oncessionaires,
It The City furnishes as part of this contract an assurance
E) that it Relocation Assistance ill comply with Sections 210 and 305 of the Uniform
} (Public Law 91-{46) and Real Property Acquidition Policies Act of 1970
ARTICLE 7. Operation
and ma nnteiianc
a• The city shall be responsible replacement, W thout cost for Op
support Project recrea to the Government of ationp maintenance) and
areas leased by opportunihties in+areas1 fat facilities developed to
and facilitieainha City' the City by the City, t lands, Y sall maintain all tin Of ter awaters,
pursuant to the manner satisfactory to the Contracting
into between theproviaiona of any lease t~rhirh 8 Of and here operation of the Project structuresth tdeaexcep may subsequently be entered
exception a lands required for
b• For the lands and waters in paragraphs below.
contract, the City will maintain sgoebinmade Ile Recreation Development and Nana accordancebsitPuehe uant to this
geanentr,
proYided f plan of
for in Article 2c herein,
c'1 The Government or its'asgignees will o
Landso structures and
works required ' facilities such as d estate and maintain those ams, for control and regulation o t dikea0 spillways, and outlet
the access road to the dami and f the waters stored in the
In conjunction with theseworks. any T3e GoYear
r lake,
visitor facilities constructed
debris removal for a period of two years after init .11 accomplish shoreline
water to elevation 632,5 feet mean sealevel inAubi' Lake and
mean sea level in mpoundment of
Lewisville Lake. Y 522,0 feet
ARTICLE B.
E-01~0480 Of claims
a. The Government and its officers and
in any manner to the City for or on account of damn able
development o employees shall. not be li
Pro peration, and maintenance of the recreae tionsfacilitiea o
the~Goyernmene~ t h and extent that it may legally do so$ the City hereby rele e the
from all damages agrees to hold it free and harmless and Inds ases
operation, end ' claims, or demands that may result from development,
nit
the maintenance of the recreation areas
y, except with respect to those f and f
unctions teas tiegunder paragraph c of acilites leased t
Article 7, rued to the Government
t
b, The City shall require its concessionaires to
insurance company, licensed in the State of Texas and aebeain from an I
°v$50 00 operaperson In indemnity insurance providing tPinie to the
' any one claim l er tpinirgum limits
an aggregate- lilrAt of
7
$150,000 for any number of
with respect to bodily in~urpers or
iesoor deathaims arisiu
for d 1 e t from any one incident
B Co property suffered or alleged have etoo have therefrom, find $25,000
person or persons resulting from o e been suF£ered by any
the City and Its concessionaires P rations under any agreement between
ARTICLE n Transfer or assigcunent, The City shall not
astern this contract n" or any rights acquired hereunder transfer or
contract, nor grant fe
interest, privilege, or license whatsoever in connection with this
,
authorized representativerexceptfashe Secretary of the Arne
ARTICLE 10. without the a Default y
provided in Y or his
Article 4 of this contract,
Its, obligations und In the event the City fails Co
er. this meet any of
whale or an agreement, the Government may terminate the
any Part of this
accomplishing the contract and
purpose of this agree any lease granted City
to the for
r City who are not in default of. Cheer aum1>1 ent. Holders of sublease a r
the
such termination and who will execute n new eases
reem> from the City the O1A time of
or a new Same p-
lessee of the _nt with,the Goyernigent
the City shall be continuedGoverin Possession ss on es the sion of theirsre their rights sublease from
be exclusive and are remedies in additionotor anment ny o peoyided i a
n this iArticle shall not
by law or under this contract. Y other rights and remedies proyided
ARTICLE 11, Examination of
shall maintain book recorda, The Government and the City
s, records, locum the the
costa and expenses incurred under and other evidence pertaining to tail
de
this contract to the extent aecndt inof
or, as will Properly reflect all not ste, direct and indir,
such
labor, materials, equipment supplies cc
expenses of whatever nature involved therain~fihetCo vne rnmc othnter coats and
and the City
shall mike avinaspilecabletion atan td heir audit Offices
by ces an at reasonable ble repretime,senttahetive acc of tile
ounCen
recordpartiess to for this contract during the period this contract is iti ef• g
ARTICLE tect,
12. Relationahi of
act in an independent acen pcity in thetThe performance paofrties their to this
respective contract
functions under this contract and neither party is to be considered the
officer, agent, or employee of the other,
ARTICLE 13. ias~a Lion, The Government shall at all times have the
right to make inspections concerning the operation and maintenance of the
lands and facilities to be provided hereunder,
ARTICLE 14, Officials not to benefie,
the Congress, or Resident Commietioner, shallNbamAdmtrted to anyasharetor
part of this contract or to any benefit that may arise herefrom; but this
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit,
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ARTICLE 15, Covenant a ainat contingent fees. The City warrants that
no person or selling agency has been employed or retained to solicit or
secure this contract upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the
City for the purpose of securing business, For breach or violation of
this warranty, the Government shall have the right to annul this contract
without liability or in its discretion to add to the contract price or
consideration or otherwise recover the full amount of such commission,
pevicentage, brokerage, or contingent fee,
ARTICLE 16. Environmental quality, 1
a, In furtherance of the purpose and policy of the National
f Environmental Policy Act of 1969 (Public Law 91•-190, 42 U.S.C, 4321,
4331-4335) and Executive Order 11514, entitled "Protection and Enhancement
of Environmental Quality", March 5, 1970 (35 Federal Register 4247, March 7,
1970)0 the Government and the City recognize the importance of preservation
and enhancement of the. quality of the environment and the elimination of
environmental pollution. Actions by either party will be after consideration
of all possible effects upon the Project environmental. resourcaq and will
incorporate adequate and appropriate measures to insure that the quality
of the environment will not be degraded or unfayorably altered,
i
b. During construction and operation undertaken by either party,
specific actions will be taken to control environmental pollution which
could result from their activities and to comply with applicable Federal,
State, and local laws and regulations concerning environmental pollution.
Particular attention should be given to (1).reduction of air pollution by
f control of burning, minimization of dust, containment of chemical vapors,
and control of engine exhaust: gases and smoke from temporary heaters;
(2) reduction of water pollution by control of sanitary facilities,,
storage of fuels and other contaminants, and control of turbidity and
siltation from erosion; (3) minimization of noise levels; (4) onsite and
offsite disposal of waste and spoil; and (5) prevention of landscape
defacement and damage.
ARTICLE 17. Value of land and facilities. If the parties hereto
cannot agree on the fair market value of any lands or facilities and cannot
kotherwise resolve such differences, each party shall name an appraiser and
the two appraisers ao named shall name a third appraiser, and the decision
of at least two of such three appraisers as to the fair market value shall
be final and conclusive upon both parties.
ARTICL 18. Effective date, This contract shall take. effect upon
approval by the Secretary of the Army or his authorized representative..
ARTICLE 19, Alternate local sponsor, The City and the Government
hereby recognize that the State of Texas, by its Parks and Wildlife Department,
9
may desire the use of all or a portion of the recreation facilities of the
Project, The City agr°us that the Government may negotiate a separate
contract between the Government and the State for this purpose. Upon any such
separate contract coming into force and effect, the Government shall delete
from this contract and the lease described in Article 2e such payments and
responsibilities as have been contracted for by the State. Notification
mailed to the City that such deletion has been affected, together with any
revised exhibits, schedules, and leases, shall serve to modify this contract
without further action by either party.
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-TAM
k
IN WITNESS WHIMEOV, the parties hereto have executed this contract as of
the day and year first above written,
APPROVED; THE UNITED STATES OF AMERICA
. B
yDona"ld Jam,' Palladino
Secretary of the Army Colonel, CE
Contracting Officer
Date
CITY OF DENTON, TEXAS
By_
i Mayor
i
I, Brooks Holt, certify that I am the City Secretary of the City of Denton,
Denton County, Texas, named as City herein; that who
signed this contract on behalf of the City of Denton was then Mayor of the
City of Denton, Texas; that said contract was duly signed for and on behalf
k f of the City of Denton, Texas by authority of its governing body and is
within the scope of its legal powers,
~ f
j IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said
City of Denton, Texas this day of 19 ,
f
i
Secretary
City of Denton, Texas
i
CORPORATE SEAT, '
DRAH
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Contract No. DAC'463-80-C-ooo0
AUBREY AND 1,74TSVI'LLE LAKES
EXHIBIT B +
PAYMENT SCHEDULE INITIAL DEVELOPIMNT
PMT. PAYMENT 'F(1 PAYMENT 10 TOTOL fw.ONCE
N04 INTEREST F' R, IN(:IFA1. PAYMEN'1' DUE,
?494 ,00.00
1 0000 173005.2,.1 1730825 2 3'21414 , 711
2 167374.00 5711173085025 231.5/03 150
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.i
Contract No, DACW63-80-C-0000
AUBRE'i AND LEWISVILLE LAKES
EXHIBIT C
FEE SCHEDULE
1, Entrance permit - annual (12-month sticker) $12,00
2, Day use - entrance fee (~.e „ sightseeing, picnick+.ng,
swimming, water skiing, etc.)_ per car or vehicle per day $1,00
1 3. Overnight camping - no facilities (1.e,0 self-contained,
or nearly so, camper) per vehicle per 24-hour period $1100
4. Overnight camping - basic unit (table w/shelter, trash
s can, fireplace, water, surfaced camp pad)-(first come, {
first served basis), per yehicl.e unit per 24-hour period $1.50
5. Overnight camping - basic unit plus electrical outlet
(first come, first served basis)_ per Vehicle unit per 1
24-hour period $2,OU
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Contract No, DAM63-.80-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT D
ASSURANCE OF COMPLIANCE WITH TH1?
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texas (hereinafter called "Applicant- j
- Recipient") HEREBY AGREES MAT it gill comply with title VI of the Civil
1 Rights Act of 1964 (Public Law 88-352)_ and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500,11, December 28, 1964
issued pursuant to that title, to the end that, in accordance with title VI
of that Act and the Directive, no person in the United States shall; on
the ground of race, color, or national origin be excluded from participation
in, be denied the beneflts of, or be otherwise subjected to discrimination
under, any program or activity for which the Applicant-Recipient receives
Federal financial assistance from the U, S, Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement,
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant-Recipient by
the U, S. Army Corps of Engineers, assurance shall obligate the Applicant-
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for another
purpo se involving the provision of similar services or benefits, If any
property so provided, this assurance shall obligate the
Applicant-Recipient for the period during which it retains ownership or
possession of the property, In all other cases, this assurance shall.
obligate the Applicant-Recipient for the period during which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers,
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal. grants, loans, contracts, property, discounts,
or other Federal financial assistance extended after the date hereof to the
Applicant-Recipient by the Department, including installment payments after
such date on account of arrangements for Federi4 financial assistance which
were approved, before such date.
The Applicant-Recipient recognizes and agrees that such Federal assistance
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
D-1
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Judicial enforcement of this assurance. This assurance is binding on the
Applicant-Recipient, its successors, transferees, and assignees; and the
person or persona whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant-Recipient.
THE CITY OF DENTON, TEXAS
1
Dated gy
r--ten,.-.--,-'•_.r..~~-~-_-.
Mayor
ATTEST p
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1 Brooke Nolt
Secretary
City of Denton, Texas
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Contract No, DACW63-80-C-0000
AUBREY AND LEWISVILLE LAKES
EXHIBIT E
ASSURANCE OF C0*,%1PLIANCE WITH SECTIONS 210 AND 305
OF THE UNIFORM RELOCATION ASSISTANCE ANP REAL, PROPERTY
ACQUISITION POLICIES ACT O~ 1970 (PUBLIC LAW 91-646)
As a part of Contract No, DACW63-80-C -0000 and pursuant to the below cited
provisions of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Public Law 91-646, 84 $tat, 1894 (hereinafter cited as
\ the Act), the City of Denton, Texas, hereby agrees to;
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1. Provide fair and reasonable relocation payments and assistance for
displaced persons, as are required to be provided by a Federal agency under
Sections 202, 203, and 204 of the Act,
A 2,
Provide to such displaced persons relocation assistance programs
offering the services described in Section 205 of the Act,
3. Assure that within a reasonable period of time prior to displacement,
decent, safe, and sanitary replacement dwellings will be available to dis-
placed persons in accordance with Section 205(c)(3) of the Act,
4, Be guided, to the greatest extent practicable under State law, by
the land acquisition policies in Section 301 of the Act and the provisions
of Section 302 of the Act, and,
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5. Pay or reimburse property owmers for necessar
in Sections 303 and 304 of the Act, y expenses as specified
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j THE CITY OF DENTONP TEXAS
Dated By
Mayor
ATTESTt
j.
Brooks Holt
Secretary
City of Denton, Texas
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Contract No. DACW63-80-C4000
AUBKEY AND LEWISVILLE LAKES
MJBIT F
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-80-C-0000 between
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the United States of America and the City of Denton, Texas,
Particularly I have considered the effect of Section 221 0£ Public Law 41411
(42 U.S.C. 1962d-5b) and am of the opinion that the City of Denton, Texas
has the requisite legal authority to enter into and comply with.thls
I` agreement as required by the aforementioned statute, 1
Dated
Paul C. laham
City Attorney
City of Denton, Texas
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L~nr (l~fhvl
l1oo'n-1 ANC) I_LOYo
907 CA191AI N7,lIONAI HANK b0t PING
mi"Im, 1EXAS 7e701
TELEPHONE (512) ")a 9S06
FRANK It iWOT)i
R09C F1 r I I. I.t.c7YL)
` JAMrsA, BA:trn'P.or April ll~ 19'75
I
b1.. .7im 1~hit.e
City Mana(JOV
Municipal Y,ui.ldi rzg
Denton, 'J'exas 76201
Dean: Jim:
rnrl.osecl is ;,11 edited version of the contract I sent: you
antler rover letter dated April. 9 r 1975.
The drait contract covers all of our discussions to the
best. of: my knowledge an(, should he acceptable generally to Dallas.
for
soc no purpose to be gained in reLyping the coirrown. or editorial.
your
changes since I expecL you will have a few of
In leneral' thi:z draft contract divides the water in the two
project:;:; by:
1. Guarantooing Denton 25.7 MGT) unless a later re-calculation
of yield indicates a gz:eater figtire.
24 willas may over use its yield under permit: from the.
Pc.xas Water Right", Conuurssion, but llrnt,on's 25.7 MGD
rl:ust be protr.ctod and Denton may over tae, its yic-ld in
the future upon mutual agreement with Dallas.
3, uallm; gets the increased yield benefits from return
,`low, but in return Denton may reuse its own return
flows and is guaranteed 25.7 MGD yield.
i ~ ma use the r.eservoi.rs foz' transit , st2oraJ,ge 7 of
water from other niGD
q, Dally y source:; so long as Denton s is protected and
nd Denton may do the same: i.n the fut.ul:o
by mutual agreement.
5. This contract replaces the 1962 contract unless it fails
for lack of consent by the Wator Rights Commission or
Contract with the Corps. Denton will, continue: to yet
water under the 1962 contract until Aubrey is comploted.
If the Imps project falls through either party may go
masame intained. zl watCr
will. be the
sharing foxward
forward v.ision'-and i cost both go
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Mr. Jim White
April 11, 1975
PacJe 2
I will. be availa,ile for such f:ur-ther service as you request
in completing this matter., I suggest that I be present at any
future negotiating sessions With Dallas and hope Dallas will
have its special attorney, Jim Wilson present.
Very Lruly yours,
1-'rank R. Booth
PRB:bjs
);ncl.os(Ire
cc: Mr.. Paul. Isham
4 Nr. Robert Gooch
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1"M I : c s
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'fill?. STATE, 01' TEXAS X
X KNOf4 ALL MEN BY THESE' PRESENTS THA'T':
COUNTY OF DALLAS X
WHEREAS, on November 19, 1962, the Cities of Dallas and
Denton entered into a contract, a true copy of which is
attached hereto and marked Exhibit "A," in which the Cities
agreed among other things upon the safe drought: yield of
Dentoil's share of Lewisville Reservoir and a plan of Water.
Development of the Elm Fork of the 'T'rinity River above
Lewisville Reservoir, which included plans for joint construe-
Lion and use of. Aubrey Reservoir; and
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WHEREAS, in said contract, Dallas and Denton agreed
that in the program for joint construction of Aubrey Reser.-
voir, Denton would finance up to twenty-six (26%) percent of
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the construction costs of the Reservoir and would receive
twenty-six (260) percent of the increased safe yield of
f Aubrey Reservoir and Lewisville Reservoir; and
WHEREAS, it is now contemplated that Aubrey Reservoir
j Project will be built by the U.S. Corps of Engineers with
Dallas and Denton entering into a contract with the U.S.
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Corps of Engineers regarding the cost and use of the pro-
1
posed reservoir project and the financial contribution to be
I made by each City; and
~ f WIiEREAS, the U.S. Corps of Engineers has calculated the
` J increased hydrological. safe yield under 1985 conditions from
the construction of Aubrey Reservoir and the transfer of
flood control storage from Lewisville reservoir to be 81.4
MGD, which yieldCOgnputation does not take into account the
rights of downstream appropriators I if any, or return flows
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from sewerage treatment plants into either reservoir; and
WHEREAS, tho Cities of Dallas and Denton, in conteripla-
tion of entering into contracts with the U.S.Corps of Ingineers
regarding the construction of Aubrey Reservo:i.r. Project: and
transfer of stor.aclo from Lewisville Reservoir, dcs:i.l-(- to
settle sl.l. issues c r.i:;t.i.m1 betwecu them regarding the extent
of diversion and appropriation of waiver by vach City out of
Lowi.;svi.l.le and r\ubrcy 110oervo.ir5;
NOW 'I'FIIaFtfsl OR1?:
IV7'TN]?SSFTIt
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"he 'The parties hereto, the CITY OF DALLAS and the CITY OF
DENTON, do hereby agree that upon cons tn:urtion and filling
of Aubrey Reservoir. Project- and such additional construction
as may be contemplated by the U.S. Corps of Lrgi:ieer.s at.
Lewisville Reservoir and transfer of storage to Aubrey
Reservoir, the City of Denton shall have the right to divert
for municipal and industrial purposes from the two said res-
ervoirs an average of 25,700,000 gallons per day (MGD) of
water for an annual total. of 9,380,500,000 gallons. This ,i
r 25.7 MGD includes all diversion rights that Denton presently
holds in Lewisville Reservoir and represents WwA- those
diversion rights plus an amount equal to twenty six (26%)
percent of the increased yield of 81.4 MGD resulting from
the construction of the Aubrey Reservoir Project, as cal-
culated by the U.S. Corps of Engineers. Such 25.7 MGD diver-
Sion will he allocated between the reservoirs at Danton's
descretion, but in no event shall Denton's total. diversion
I from both reservoirs exceed an average of. 25.7 MGD in any
year unless herein otherwise stated or unless otherwise a-
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greed to by the City of Dallas. Any recitation in any U,;.
Corks of Engineer contract executed by the City of Denton or
the City of Dallas regarding the amount
or percent: of storage
space owned or held by either City in either Aubrey or
Lewisville Reservoirs or the right of either City to use or
utilize a certain amount or percent of storage space in
either reservoir to the contrary notw.iflistanding, Denton
shall be entitled to sufficient storage in the said reser.-
voi.rs to yield the annual diversion herein agreed upon, and
as may he authoris.ed under paragraph 3 of this contract, and
Dallas ohall have the, right to the remaindor of the storago
and the use thereof in such manner as may be authorized by
parinit.s it may have Or tmcty obtain from the :Pews Water R.i.ghts
Comnission or other appropriate agency.
7..
Both parties further agree that they will seek a permit or
permits frouL the Texas Water Rights Cominission or other appro-
priate agency, or if a permit or permits have already been is-
sued they will seek to have such amended, to conform to the pro- {
visions of this contract.
3.
(a) Both parties recognize that Dallas may find it desir-
able in the management of its water resources to introduce water
into Lewisville or Aubrey Reservoirs front either or both Lake
Ray Hubbard or `Pawakoni or from some other source. Denton hereby
consents to such use of the reservoirs provided the quality of
water from such source for municipal purposes is not decreased,
Denton agrees that it will not claim the right to use any water
so introduced by Dallas except to the extent necessary to produce
Denton's 25.7 MGD diversion right herein established.
t
(b) Both parties recogni?e that Denton may find it desirable
in the management of its water resources to introduce water into
Lewisville or Aubrey Reservoirs from some other source which Den-
ton may acquire in the future. Dallas hereby consents to such
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use of the reservoirs provided the quality of water from such
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source for municipal purposes is not decreased. Dallas agrees
that it will not claim the right to use any water so introduced
by Denton, provi.dod that the introduction of any such water in,-
to either reservoir by Denton is in accordance with an operation
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plan which protects the rights of Dallis under this contract
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and in any water right which Dallas may acquire from the Texas Water_
Rights Commission or other appropriate agency in connection with
this contract, Both parties recognize that the approval of the
Texas Water: Rights Commission or other appropri.ttt:e agency will be
required to introduce water from some other source into T.aWifi-
vill.e or. Aubrey Reservoirs and that mutual agroc.,ment on operation
plans !it connection thor.ewi.th will not-. unroasonak)l.a5 Ciit111101d.
_ 3...
y ,:may
k.
(a) 13oth parties further agree ghat Dcillas may overdraft the
safe yield of Aubrey and L,ewi.svi.l.le Reservoirs to the Oxtent. it
may be authorized to do so under its existing permits or under
future permits it may obtain from the Texas Water Rights Conul"-
lion or other appropriate agency and Dallas may transfer water
from Aubrey Reservoir to Lewisville Reservoir at: its discretion,
provided that.:
(1) Denton's right .t:a dives-1-~Q?' an r,rt of d-t3
25.7 MGD from either Aubrey or Lewis vi) e 4r`
voir_s shall not be impaiLreclL are d
(2) Dallas shall give due consideration to existing
recreational facilities and recreational contracts
uwAivaAt- at Aubrey Reservoir.
(b) Both parties agree chat: Denton may overdraft its 25.7 MGD
safe yield established by this contract under such conditions and
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circumstances as may be mutually agreed upon between the parties
and and w,irs,c,~h agreement shall not unreasonably be w,`.thheld.
5.
Denton agrees that any sewerage effluent returned ly Denton
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to the Elm Fork of the Trinity River or any of its tributaries
yha].l be returned upstream from Lewisville Dam and shall be treated
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in the manner required by the Texas Water Quality Board, the U.S.
Environmental Protection Agency or ether appropriate agency having
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~ agrees that all con-
jurisdiction over the subject matte;.'. Denton 3a
tracts it may enter into to supply water to other public or pr.i-
vats entit.ies or persons shall. contain this requirement and pr.o-
this ~•viF~ions cufficient to enforce this requirement. While return of
sewage effluent from any source m<-iy increase the total yield of.
Aubrey and Lewisville Reservoirs, Denton agrees that such increase
I in yield shall not: increase Demon's 25.7 Mel) diversion right in
the two reservoirs.
a :0
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Both parties agr.ec that the s-cfe yield of the two r.esor.voi.r.'s
is an empirical ficlur(-, which may ;suffer dohroci.ati.on or apprccia-,
Lion through record drought or changed hydrological conditions.
The hydrological safe yield figures referred to above in the reci-
tations have been calculated on the basis of information available
at this time from the 1950--1957 drought under projected 1985 can-
dit..ions, including projected improvements on the watershed above
the reservoirs but wit),iNut consi.dl,ring any releases to honor down-
stream rights or any incciease in yield, by virtue of return flows.
In the event of a more severe drought than is of record at this
time or in the event of material changes in hydrological conditions
or in any event no later than the year. 2000 the parties agree that
the hydrological safe yield of the 1lburey and Lewisville Reservoirs
shall be recalculated on the same basis without regard to down-
stream rights or effluent returns to the lakes. If the parties j
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can agree upon a recognized authority in the field to perform
such recalculations, such will be done by such authority and pre-
rented to the Texas Water Rights Commission for approval, in
the event the parties cannot agree upon a recognized authority
to perform such recalculations, the mattes will be submitted to
the Texas Water. Rights Commission and the CommissAon may be re-
quested by either party to recalculate such safe yield of Lewis-
ville and the increased safe yield which resulted from the con-
struction of Aklbr.Cy Lake and transfer of storage from Lewisville.
Upon such recalculation, Denton's total diversion rights shall
be adjusted by the percent change of the increased or decreased
i safe yield that tbo said .increased or decreased safe yield boars
to 01.4 MGD', the presently additional hydrological safe yield of
the combined reservoirs as computed by the Corps of Engineers;
provided, however, any such recalculation shall not reduce Donton's
diversion right of 27,7 MCD under this contract.
7.
The covenants and agreement:,, made by the parties herein Shall
y
be binding on thu parties anct their successors in interest: so long
as water is being diverted or appropriated from either Lewisville
La e or. Aubrey Reservoir by or uiider authority of either Denton
or Dallas.
8.
Both parties agree that the consideration received by each
consists of covenants and agreements made by the other and hence
the terms and provisions of this contract are not severable un-
less the same are disapproved by the Texas Water Rights Commis-
sion or the parties are unable to contract with the U.S. Corps
of Engineers. in this event, this contract shall be abrogated
and shall be of no £orce and effect. Both parties further agree
f
that after approval of this contract by all regulatory agencies
exercising jurisdiction of the subject matter of this contract,
the issuance by the Texas Water. Rights Commission of impound-
ment and diversion permit rights necessary to carry out. the tezmsk-
of this contract and the execution of contracts by both Dallas and
Denton with the U.S. Corps of Engineers, the terms and provisions
hereof shall be severable and if any provision hereof is held
E void or becomes legally impossible of,performance, then that pro
vi<<.ion shall become null and void, but the remaining provisions
1
shall remain in full force and effect,
9.
Both parties agree that this contract shall. supercede and
replace the contract between the parties dated November 19, 1962(
and attached hereto as exhibit "A," excopt as follows:
(1) This contract is abigatecl in the manner set forth in
paragraph U;
(2) Dallas agrees to continue to sell water to Denton in
accordance with the November 1.9, 1962, contract until
the. Aubrey Heserv by the U.S.
water
Corps of Lnginecrs and deliberate impoundment of
therein conutlences.
10.
T11e City of Denton hold:; Permit 1111.1900 dated June 17, 1.954,
y
granted by the State of 'Texas, and the city of Dallas holds
Cer.t.tfied Vi.lincl 11751, dated April 29, 19141 Permit. 117930 dated
August S, 1,924 Por.miL 1114 Gel, dat:od August 19, 1.9481 and Permit
N7.476, dated 7anuary 20, 1949, pertaining to ."1m fork and/or
Lewisville Reservoir.. ?clothing contained in this contract shall
con:,titute any recognition on the part of Dallas that the 25.7 MGD
diversion right- recognized in Denton under_ this contract represents
the diversion r.iglits to which Denton would be entitled in the
absence of this contract and the considerations obtained by
Dallas under this contract. Noth.i.nq herein shall constitute any
limitation or impairment on any right of Dallas under its above ex-
isting appr.opriative rights insofar as third !jar.ti.es are concerned.
To the extent that the diversion of 25.7 MGD which Dallas guaran-
tees to Denton under this contract may be determined to exceed
Denton's rights under the storage to which it is entitled under
its contracts with the U. S. Corps of Bng.ineers, then such diversion
shall be considered as being produced from the increased storage in
i
Aubrey and Lewisville Reservoirs accruing to Dallas by virtue of
the construction of Aubrey Reservoir and shall not result in any
I reduction in any rights Dallas may have under other permits and
Certified filings.
1 11.
1
Both parties further agree that if either of the parties is
a
E unable to execute a satisfactory contract with the U. S, Corps of
Engineers for construction of the Aubrey Reservoir Project, or if
the Corps of Engineers fcr any reason decides not to construct; the
project then it) such event hither party has the option to construct
1 the Aubrey Reservoir Praj~ct. In caucli event, both parties agree to
pursue joint construction of the project in the same manner con-
templaL-ed in this Contract but without the U. S. Corps of Engineers.
e
WITNESS, the s.idnatures oC the parties hereto tads L11
day of 1975, the Cities aigning by and through
',:heir respective City Manacrer and attested by their secretaries,
duly authorized by resolutions enoct.ed by the respective 9overn-
ing bodies of said Cities.
ATTEST: CITY OF DALLAS
City Secrctary Y 3
COUNTERSIGNPD: APPROVED AS-TO FOEU4:
- City Auditor City Attorney
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ATTEST: CITY OF DENTON
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C""''ity`Secretary City Manager
APPROVED AS TO FORM:
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J iiy Fillorney ,
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lulnrl.
AN OMWR in coluieI:.tioti with Aubxcy Rcscrvoir
Pro!ec.t. grant.inl] in part. AhpIicatioil Nos,
8113' C, 1590-A, 3527, and 3528; and denyiIt g
Ahplicati.oil Nos. 3526,'3535, 3541 and
3542.
on January 13, 1976 the Tcxas YaLet' Rights Ca;;u;issian convcnrd
hearings to consider applications for permits and amendments to
I
pern;its in connection with a proposed increase in conservation
storage in Lewisvi.-plc Lake oil the lilm Fork of the 'T'rinity River
in Denton Count.,v, 'texas. Also convened on that day were hearings to
consir?er applications for permits in connection with Aubrey Like which
is proj)oscd to be located upstream from Lewisville bake. The con-
struc:tion of Aubrey Lake and the increase in conservation storage in
Lewisville Lake would be done under the supervision of the U. S. Army
Corps of Gngincers which has ksignatcd thorn to be parts of the Aubrey
Project.
Under the Aubrey Project tile Corps woutd approve an increase in
;°c that an additional
the conservation storage ill I,ettiisvillc. Lake
j 177,600 acre-feet of water could be impokill) (ICd. The Corms of lingineers
would also construct Aubrey Lake so as to impound not to exceed 799,600
acre-feet of water. Competing applications were timely filed for the
proposed storage and diversion rights. to be created by the Aubrey
{ Reservoir Project, and the applications are summarized as follows;
Application No. 3527 by City of Dallas was received August 1.2, 1975,
seoking a. pormit to impound 591,704 acre-feet of water, or 74% of tho
storage capacity of the proposed Aubrey Lake. Additionally, the oppl.i-
cation requests authorization to use 591,704 acre-feet of {Water per an-
num for t,.unicipttl purposes to be diverted from applicant's diversion
facilities on the pet'.imeter of Aubrey L,1ke, er al tutnati.vuly trtuisportod
via. tite bed and banks of the 'T'rinity River for subsequent diversion
from aplilic-In L's diversion facilities on the perittteter of Lewisville
Lake or other diversion facilities authorized for applicttlit's mtunicipnl
purposes, Ilttving detc.•mincd that Applica(ion No, 3S2; '<as in proper
form and at:companied by required iniLial L'cas, the COMMIS5iol1 ,tCCeptrd d
it for filing on November 24, 1975, and set: hoaxing in the matter for
January 1.30 19'76. Writ.tcn protests complying with Rule 11.;9.03.05.001-.003
'Vero received from '"Ic Colony ~IuniciPal Utility District No. 1 of
Denton County, Textis, and from city of 1:1,I ";Co. G11tnabeI'S-Liberty
Counties Navigation District' submlttod a written protest but flailed
to Sorvo a copy t.n appl giant as required by tho aforesaid rule.
Application No, 643-(; by City of Dallas wo s rcccivocl August 12,
1975 sc^king a•- .uucnclmcnt to Permit NO. 798-A11 to authorize an increase
of 131,400 acre-feet in the conservation storage 1n Lewisville Lake,
which represents 74% of the proposed increase in conservation storage
capacity. The application also requests authorization to use an
additional 131,400 acre-feet of water per anluun for nnlni.Cipal purposes
to be diverted under the terms and conditions of Pormit. No. 798
as amended. Having determined Lhat Application No. 843-C was in proper
form and accompanied by required initial fees, the Commission accepted
it for filing on November 24, 1975, and set hearing in the matter for
January 13, 1976. A written protest complying with Rule 129.03.10S.001-
.003 was received from City of Frisco. Chambers-Liberty Counties
Navigation District submitted a written protest: but failed to serve
a copy on applicant as required by the aforesaid rule.
Application No. 3528 by City of Denton was received August 12,
1975, seeking a permit to impound 207,896 acro-feet! of water, -26% of
the storage capacity of ti,c proposed Aubrey Lake. Additionally, the
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application requests authorization' to use 207,896 acre-feet of Ivater
per annum, for municipal purposes to be transported from Aubrey Lake
f Vitt bed and banks of Bill Fork Trinity River to i.cwisv.ille Lake for
j diversion through applicant's divcrs.ion works authorized by hermit No.
1706. Having determined that Application No. 3528 was in proper form
and iccompanl0d by required itlitial fees, the Coulmi.ssioll accepted 1-
for filing oft November 24, 1975 and set hearing in the mrttter for
January 13, 1976. Writtelt protests complying With Rule 129.03.05.001-
.003 were received from The Colony Mualicipal Utility District No. 1
of Dentoll County, 'texas, and from City of Frisco. CI aIn bcrs-1,lbcrty.
'Countics Navigation District submitted a written proLcst but failed
to Serve a copy on applicant as required by the aforesaid rule.
Application No. 1590-A by City of Denton was received August 12,
19751 seeking an amendulcnt to Permit No. 1106 to authorize an increase
2
of 47,424 acre-feet of water in the conservation storage in Lowisville
Lake, which represents 26% of the proposed increase ill Coll, orvatiOil
storage capacity. The applicat.ion,"llso requests authorization to use
an additionaL 47,424 acre-Poet of WaLcr per mutton for municipal purposes
to be diverted from applicant's diversion facilities on the horimeter
of Lewisville Lake. Having, detormincd that Application No, 1590-A was
in proper form and accompanied by required initial fees, the Commission
accepted it for filing on November 24, 1975, ailed set hearing on the
matter for January 13, 1976. A written jrotost complying with'Rule
129,03.05.001-.003 was received from the CiLy of Frisco. Chambers-
Liberty Counties Navigation District submiLtod a written pl'otest but
failed to ,.c rvo a copy on applicant as required by tlt; aforesaid rule.
Application No, 3'.126 by City of Frisco was received October 28,
1975, seeking authorization to impound 68,000 acre-feet of water out
of the proposed increase in the conservation storzq!c capacity ill
Lewisville Lake. In the alternative, the application seeks autho-
rization to impound 68,000 acre-foot of wager ill the proposed Aubrey
Lake. City of Frisco also seeks authorization to use 9,000 acre-feet
of water for municipal purposes, (laving determined that Application
3 •
No, 3526 was in proper form and accompanied by required initial fees,.
the Commission accepted it for filing on November 24, 1975, and set
hearing in the matter for January 13, 1976. Written protests comply-
ing with (line 129.03.05.001-,003 were received from City of Denton
and City of Dallas, Chambers-Liberty Counties Navigation District
submitted a written protest but rai.lcd to serve a copy on applicant
as required for the aforesaid rule.
Application No. 3535 by ;"oliin-Denton County IVaLer and Sanitation
District war, received December 1, 1975, seeking <tuthoriuxtion to use
6,500 acre --feet of water per atuttu,t from the proposed Aubrey Lakc for
municipal purposes, The application also seeks, authorization to
transporL the Water 1'rom Atibroy Lake via 10ed and banks of l;lm fork
Trinity River to Lewisville Luke for diversion through applicant's
pumping facilities. having dcteVII inerl that,Chc -application was in
h proper form and accomp+ulied by ;t•quir•od initial fees, tho Commission
accepted it for filing; on December 151 19751 and set hearing; Ln the
4 matter for January 13, 1975, Written protests complying with Rule
f
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I29.03.05.001-.003 were received from City of 1?e11t.o1 111(1 City of
Dallas. Chambers-Liberty Counties Navigation District. submitto(I a
written protest but failed to serve a copy on applicant as required
by the aforesaid rule.
Application No. 3547. by City of Cainos\, i)le, 'T'exas, was received
December 8, 1975, seeking a permit to ilupuund 12,000 acro-feet of water
in the proposed Aubrey Lake, and to use 6,000 acre-feet of water there-
from for municipal purposes. (laving determined that the application
was in proper form and accompanied by required initial fees, the Com-
mission accepted it for filing on December 15, 1975, and set hearing
in fh matter for January 13, 1976. Written protests Complying with
Rule 1.29.03.05.001-.003 were received from City of Denton and City
of Dallas. Chambers-Liberty COUllties Navigation District. submitted
r l a written protest but failed to serve a copy on applicant as required
i
by the aforesaid rule.
Application No. 3541. by The Co.lonF Municipal Utility District
No. 1 of Denton County, •1'exas, was received December 10, X975, seeking
a pormit to impound 30,000 acre-feet of water in the proposed 799,600
F acre-foot capacity Abure), Lake. Additionally, applicant seeks autho-
ritation to use 4,285 acre-feet of water for municipal purposes.
The water would be transported from Aubrey Lake via bed and banks of
{ 11111 Fork 't'rinity River to Lowisvill,e Lake for diversion through appli-
cant's pumping facilities. Having determined that the application
was in proper form and Itccompaniod by required initial fees, tho Conl-
mission accepted it for filing oil December 15, 1975, and set hearing
in the matter for January 13, 1976. Writton protests complying with
Rule 129.03.05.001-.003 woro received from City of Denton and City
of Dallas, Chambers-Liberty Counties Navigation District; submitted
.
a written protest but failed: to servo a copy On applicant as required
.
by the aforesaid rule.
The COMMiSSion found that 110 injul-y would bo suffcrcdi if these
interrelated Matters lverr, consoli(late(1 and so, without objection from
,111y I)CI-SO11, the C0111111SS1011 dCLcI'111i11ef1 that a jOiilt 1'CCO1'd 0 1 11Ci11'illl;
Should be mode 1111(101' Rule 17.9.03.05.010.
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Clayton '1', Gzrt'isuti, lixecutivc Uircct.oy of TcxaS I'arlcs and Wild-
life Department conuncntcd writing regarding spcci;il conclit.ions which
the Dol)artinctit recouunended in connection with ally decision to grant
applications for Aubrey Reservoir 111.0jecL. His conuncnts) in letters
dated January 12, 1976 and January 23, 1976, were tcrvcd upon each
applicant:.
After hearing and considering the evielencu and written and oral
argument of counsel, the Commission makes t}he following 1)indings of
Pact and Conclusions of Law:
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FINDINGS OF PA(:T
1. All facts statcct in the .introduct.ory paragraphs of this order
nro true and correct
2. D'10 notice of the January 131 1976 hearing and each day of
continued hearing on Aubrey Reservoir Project was given to the secretary
of State,
3. Notice of the January 13, 1976 licaring was mailed to City
of Dallas, City of Denton and City of Frisco on November 28, 1975,
4. Notice of the January 13, 1976 ihcaring was mailed to The
Colony Municipal Utility District No, 1 of Dentoll County, 'I'c;xas and
City of Gainesville on Dec(,,mbor 10, 1.975.
5, Notice of the January 13, 1971 hearing was mailed to Collin-
/ Denton County Water Fh Sanitation District on Decembor 11, 1975,
1
6. All claimants and appropriators of record with the Commission
in the 't'rinity River Basi1r and all navigation districts within said
a
basin were mailed notices of each of the applications relating to 1
Aubrey Reservoir Project on Decembor 1S, 1975. 1
On December 16, 1975 and December 23, 1975, (tile notice of
I
the Janua)-}r 13; 1976 hearing of Application Nos. 843-C and 3527 was
published in the Dallas Movnillg Nelrs, a newspaper having general
circulation in Denton, Cooke, Collin and D;illas Counties, -in which
counties Aubrey Project and diversion facilities of City of Dallas
i are located.
8. On December 81 1975 and December 17, 197S, clue notice of the
January 1.3, 1976 hoaring of Application Nos.. 1590-A tmd 3528 was
published in the Denton_Ruc.ord•Chroniclc, a newspaper having goneral
circulation in Denton, Cooke and Collin Counties,
9, On 1)oce1111) er l1 , 1975 and Derember 18, 1975, duel notice of
tho January 13, 1976 hearing of Application No. 3526 was pub.liSho d
in the Dallas Morning N-il s and in the Fril:co Enterprise, a nowspaper
having gcncral circulation in. Ucnton. , CUOke a11~.1 CoIIi11 Co Uilt:ies
10, On Decembor 18, 1,975 and December 25, 1975, clue mot.i.ce of.
the January 13, 1976 I acing of Appiica):ion No. 3542 leas published in
the Unlltts Murnin~;_News,
I 1. On December 17, 1975 and December 24, 1975, duo notice of tl,e
Januar), 13, .1976 hearing of Application No. 3541 was published in the
Denton Record - Chronic.Ic.
12. On January 7, 1976, January 14; 1976 and January 21, 1976
notice of the January 13, 1976 licit ring of Application No, 3';35 was
published iia the Denton itc_cord-Clironi.cle.
13. No person appeared at the J;unuary 130 1976 hearing, or any
reconvening thereof, to protest app:ications for Aubrey Project,
except those persons who filed written p1'otesLS it, compliance with
Rule 129.U3,05.001-.003. Chambers-Liberty Counties Navigation w;s
not in attendance at the January 13, 1976 hearing or any continuance
flicreof.
14, vw commission named and admitted as parties to the consolidated
hearings on Aubrey Reservoir Project the fo.lIowiit g: City of Dallas,
City of Denton, City of Frisco, City of Gainesville, The Colony 611110-
cipal Utility District No. 1 of Denton County, Texas, and Collin-
Denton County Water and Sanitation District.
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f 15, All parties expressly stipulated to, ,.nd waived all rights
to object toithc Commissions assumption of jurisdiction to considoi.
Application No. 3535.
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16. Application Nos. 843.0, 1590-A, 3526, 3527 and 3526 were ac-
ceptcd for filing simultaneously on November 24, 1975.
17. By order dated August 21 19630 the Commission determined
1 Aubrcy Project, as described in the Comprehensive Survey Report on
Trinity River acid Tributaries, Texas, prcpavcd by the U, S. Army
Corps of Iingincers, to be a feasible Federal project under Water
Code Section o.073.
18. Based upoi, the evidence concorning water availability from
i
sources within Elm Fork Trinity River Basin, and upoA tiIfi.cial noLicc
tnj;en of the currant state of. engineering technology, and the current
economic conditions affecting water resource .d6veIopment, it is more
likely than not Lhat. the applications submitLed ill connection with
Aubrey Project conte»q>late the full dcvclopment of water rosourccs
Originating witll.in t.o basin for use as a dependablo source of supply
for domestic ❑1ul municipal purposes.
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19, lia(:11 of. the applicants provides water for douicstic Illkl Jill! Ili
cipal purposes ill cown)nities ill the Cotlotics of Dallas, Denton, Collin
or Cooke. liortsonabIo populit t.i.Oil projections for (itch of 1.110 conlrnUTI i
tics ind.ic,I Lc cOil Li Jill cd signific<uiC gro+~'t.h to b(1 a lik0ly 11 ossibiIity.
The cvideuco shows that cash of ehc applicants has dcmonstrtlLed the
1ik01_ihood LhaL tilt brewing population wiLhill its anticipated service
will need additional surface waLclr within tho next 20 to -10 )'oars.
The public. welfare wiII be promoted by allocation of State water ill
anticipation of projec.te'd population movement and growth.
20. Tho Commission took official notice of Lhe fact that a proli-
feration of perrnits in connection with the development: of Aubrey Project
would greatly comp.licat(, the neress,lry administrative, eco)lornic, legal.
and technical aspects of cooperation with Lh! ll. S.. Army Corps of
Erlg.ineers, and would frustrate and impede construction 11) colulect.ion with
the Project which should proceed on an expedited basis consistent with
holding costs to n nriirimium during this period of .iirfl,lLion.
21. The Commission found that. City of Dallas and City of Menton
])rive the necessary adnr:inist:rativo, lef"al and tochnica.l expertise and
that they 411-0 the entities most likely to fuliv 4,111d
) , uc.t_c,ssfull)
develop Aubrey Project,
22 City of llallns and City of llentou hnvo tho fiscal resources
necessary to adequately f.inancc their participation in Aubrey Project
its 14011 as the devalopmont of troatn+cnt and distribution facilities
! required for optimal utilization of the water by ci.tics within the
basin.
23, BY 01'(101' dated Juno 4, 1969, tho Comiui.ssion designated City
of Dallas and City of. Denton ns co-oporating local sponsors f.or Aubrey
Project pursunui; to Walter Code 50ction 1.1 The dcs,i);nat, Ins werc
mado subject to the understanding that distribution of Aubrey Project
water among all. tho conuuurlities in the area would be pvopor'y cone
sidored by t'.hc Colllllllssioll durinlt 1110 permit hearings;,
24. (Do you want a fact finding 0,11: flxes' the porcentages of
participation by City of I)allas and City of Uanton?)
25. Luappropr.itrtvd wntcr would be ;iva.iiable in the p'roposcd
Auhruy La kc duriJrg oCCa5ion11 years Of' wot01' StrrpiVS in s,uff.tcierlt
quantity to prov.iclo i'or the cJivorsiorl of 799,600 ;ICrc feot of
1~',ltcl'
per annum, prov.idcd that authorizations for the use of sakitwatez• aro
made subject to all Superior and senior water rights in the '1'rinlty
River Basin,
26, City of Dallas holds permits for reservoirs Wllidl,
when oporatod as a system, make available for authorized Intinicipal `t1`
purposes a coulbillcd safe yield in excess of 591,704 acre-foot per
annum.
127. City of Denton holds permits for reservoirs which, when
operated its a system, make available for authorized municipal purposes
a combined safe yield of acre-feet por anasuat• City of
Denton also utilizes significant underground 1vatar resources for
municipal purposes, T1)C currently available sarflice alld underground
writer resources of City of Denton are capable of. providing ill excess
of 207,896 acre-foci of water por annum for municipal purposes on
a dependable basis,
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I z8, Maximizing the oppropr.iation of Water from Aubrey I,ako
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during periods of occasion;ll surplus is reasonable and promotes the
public welfare because Aubrey Lake would provide a source of municipal
water which is relativcl), near the City of Dallas lend City of kilton and
substantial savings could be passod ail to tile, pubtiC due to the relative-
ly 101vor pumping costs for water used from this sour+
29. Diversion of the aforesaid quantity of water from Aubrey Jake
would not impair existing; water rights providing that releases of water
from A1lbrcy Lake and Lewisville Lake are made from ti1it al to time in
such quantities as may b0 necessary to 1) rov.ido water for ;111 superior
and senior walcr rights,
30, No additionai unappropriated water Mould be Ilaxio tlvail.able
for appropriati.oll ns a result of the proposed incroase in the con-
, l~
servlltloil.stovage of Leiwisvillo Lake as contomplated by Application
f Not, 843-0 and 1590-A, ~
31, 1'ho additional impo11 ndan`11t of 17"7,600 acre feet of hater os
a I'cSUlt of IICI'0a1;111g; the t:onservallon storage of Lewisvillc Lako
Wou.1d not impair ex istIng wiper rig;hls, providing that I'dIensvs of
water from 1,vwi'sville Lako arc mode froul time to t.imo ill StICl1 quallti -
ties it"' Intl)' bu I oquil'ed to pl'oV160 Wa(:el' I.01- Sill)C1'iol' 11114 Se11101' IJii'teY
rights,
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32. (Itcsarved for a r'1-111 yield fact: findinl; for Aubrey Lake.)
33• (Reserved for a fact fillding rclat:ive to subordillat.ing water
rights above firm yield to ,111 futtu-c permits, i,o,., with no priority,)
34. Thu: follo+vin+, policy, relnLing to Aubrey Project, was adopted
by the City COMICil of City of Dalllas ill its formal reso.lutioll of
April 28, .1.975; "BE IT 1l1iSl)I,VJi1) BY THE CITY OF DALLAS; That the
Long Mange program as recotnn,,m(lod by the Water Supply Advisory Com-
mittee be and is hereby adopted and the City Manager is insLruct.cd
to preccod with the implrmcntati.on of the plats insofar as the central.
city requi.rcments demand to develop future water resources for those
county conununit.i.cs olld commultitics in the area of origin }Which obli-
gato themselves by contract to participate fully in the cost of pro-
viding, such facili_ttos plus repayment for production and resources
development owned and paid for by the citi.zcns of Dallas dedicated
to t.ho,ir present tend future requirements."
f
35. It. would tic detriulonta1 to tllo public welfare fns- porulits.
to issue in connection with Aubrey hroject wiLhouL said permits being
j expressly subject to and conditions upon the entitlement of all
eoltlltll111-i.tieS of Cooke, Collin, Denton and Dallas Cc,,ntics , which arc
located ldthin Blau York THn.ity River Basin, to water for III un.ic:ipit I
1 ,
l purposes from Aubrey Project under A'aCcr Code Section 5,04.1,
36, ]t would be detrintental 4o Cher public tvalfaro for tile Com-
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mission to allow lut:urc sales of water from Aubrey ProjocL to be mnde
j
to entities other thtul the aforesaid commull[tier, or for purposos
OLIICr L'htllt municipal ar doulesLic, lvithout requiring that such sales
be made subject to pre-ontption for uluni.cipal or domestic purposes
by tho aforosaid connnunities
37. City of Dallas is the most feasible entity to,provdc scrvicu
to communitios, other 1:1)(111 Collin-Denton County Wilt:ev and Sanitation
Matrict, which arc locatod ill the comities o[,cooko, Coll.lll, tend
]iii 11 t1 ;i .
38. C.sty of' Denton .1s the mosL feasible untIty to provide
service to CO)Iiit - Dellton Colltlt)' Water {Ind Son ILntloil DiStt'ict, and to
conunutlitles within Dalton County.
.10-
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39. Tiu, ,July lE)'14 I final iinvironmcnitil JnipucC Strctcnu'nt, Aubrey
Lako, 1: 1.111 lark 'Trinity Rivcr, Tcxas, prepared by the U. S. Army Corps
of JJnginccrs was rec;cived into evidence.
40, Vic, Cominissiorl has assessed the effect: of granting Appli-
cation Nos. 1SPO-A, 3527 and 3528 on the bay's and eSU1,11-ios at
the mouth of the Tfinit)' Rivcr au4 filIdS that the granting of these
appJic,ztions SUbject to the terms and conditionS set out in the at`
tached permits and amendments to permits will have no significant
offect,
41. The consolidntvO hearings on application, for Aubrey project
were closed finally ors 1976.
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CONCLUSLO NS of i.nw
All Conclusions o~C ('im stated in the introductory paragrapils
of this ol'clor are :;tll)ported by the "foregoing 1'.indinf;5 Of F!Wt.,
2, All wat,cr +dhi.ch l: .lows in film Pork Tr Ill iIy River and its
tribllt.al',105 is State Water w!Lit ill the 1110:mrllg of Water Cot1e Section
2
lack of the applications sttbnlitted in connection with Aubvcy
Project Coll tomp)ntes an appropriation of Sfato Water for which a
permit or amindnlent to a pormit is required under Water C(Wo Sections
5,121 and 5,1211,
4, All required notices were published, postod and mailed so
that the Commission established jurisdiction ovor Application Nos,
943-C, 1590 A, 3526, :551.7, 3528, 3541 and 35,12 in Accordance with
41'atnr Code Section 5,121, ct, sock and 5.1211, and Chapters Two and
Six of the Rllles of the Texas A;ILol' Righi:s CelnnlisSion, 11976 Rcvisi.on.
J
~ 5, The Commission assumed jurisdiction over Application No.
3535,
6, 'Ali parties expressly slipulatod to, and waived all rights
to object to the Cowmi.ss.ion's assumption of jurisdiction to c.onsiclor
Application No, 3535,
{ 7. Tito only parties Co tJlc llca'rfugs on applications for Aubrey
Clay of
Project nro City of Pallas, CILy of Denton, City of Frisco,
GainesvU lo, Tho Colony Muuiciprll District No. 1 of Denton County,
'1',3xa5, ally Collin - D(3nton County Water and Sanitation 1)1St.riCt,
a, Unappropl'intod intor is rlvailablo in the sow-co of supply,
11, 11n fork TI'inlty River, to supply the a ppropr. latio115 mithorized
tlndor VIC terms rend conl.ltien5 sot out in the attnc}led permits and
amenttnlollts to ponlllt.s of City of fklllas rend Ci.t}. of Der.toll,
9, The tlppropriative rli;hts authol'ized In the attached permits
and amondmollts of City of Dallas and City of Uulltom
(a) ConLemptole the applicatlort of the wlller appropriated
to it bonciicial uso, Lo wit municipal ruid domestic W;ILaf
supply for the CIIStomers of City of D uiia, and City of
Delltull;
(b} tto slot, implir any cxisti1q, wider v.11"Ms or vet;Lott riparlan
ril;iltl',; and,
-l2°
(c) arc not dutriuicntol to tho public vcl.fare,
10. The consolidated heavinl3s oil applications for Aubrey Project
were closed finally on T _ -`-4------' 19
11. City of Dallas and City of Do;)ton havo r.ompj:icd +~.it1i all
reciu.ircments set out in the aforesaid statutes and rules so as to
support th-c t;ralltiIij; of the attached' permits and aaiundments.
12. 13y order dated Augusll 2, 1963, the Commission doterioined
Aubrey Project, as described ill the Comprehensive Survey Report: Oil
Trinity River and 'T'ributaries, Texas, prepared by the tl, 5, Army
Corps of Engineers, to be a feasible Federal project under 3t'aCcr
Code Section 6.073.
13. By order dated June 4, 1969, the, Commission designated City
of Dallas and City of Deniton as co-operati;g local sponsors for Aubrey
f- Project ptn'sMill t to IVii,ter Code Sect.i.on I1, 252„ The designations were
made subject to the understanding that distribution of Aubrey Project
water among all the communities in the area would be properly con-
j sidercd by tho Commission during; the perFU.it: hearings,
a.4. The attached pcrmi.ts and aoic1ulments to permits of City of J
j Dallas and City of Denton for the appropriation of State hater in con - 1
nection with Atibrcy project comply with Watur Code Section 11.251.(h) by
fully recognizing, the relative contributions of those ttgo cities in co
i operation as local sponsors in the planning and dcvolopmcnt of Aubrey
Projoct.
j 15. All crimmun.it.i.cs locatod within tho portions of Cooko, Collin,
Do It ton Fuld Dallas Counties within hlill Pork TI,i.nity Rivcx• Rusin are
entitled to roccive or use water for domestic and municipal, purposes
1111601, the provisions of. Ilatcr Codc Section S,011.
16. In accordance with 10tor Codc. Section 1.003 and 5,145 the
appropriation:; authorized by the attached pormiLs and a~gendmer~t:s will
not lie inlmic.nl to the maintenance of a proper ecological environment
in the buys and ost:uaries of Tows and the health of the Hving Marino
resources thereln.
17. Application Nos. 84;5 C, 15!70-A, 3527 and 3528 should be
grunted and permits 111(1 amendment:; to permits should be issued to City
of Dal.los and City of llonton with loans and c•.ondit:iens' os attached
borcto,
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8• I'Itis final duc.ision on the above- reforcnc'.ud applications
(Ioes; )lot determine or recognize an), right to priority on the part.
Of' any person, whether or not a porky to these prococdings Co the
use of any Ivater which may, sUbscduc:nt. to this ardor, bo auth01'120d
for diversion into l;lm Fork 'Trinity ltivcr.fr0111 N point eutsidc tliu
'rrinity jiver has in, whether such point is within or without the
State of Texas,
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NOW, 'I'Ii13RI:FQRIi, "J: I'1' OR01i10i1) BY •1'111; TEXAS WATER RIGHTS Cl1Tf~115510N
that Application Nos, 1343-C, 1500-A, 3527 till([ 3520 be granted in
accordance with the kJvms and conditio)ts contained in I:he a( tit che(I
i ts and ,(mcn<Imcnl ts and Lhat• A~>)II.cation Nos . 3526,
s o 3535,
pcrl;; 1) c rm i 35 it and 3511'2 be denied in all thing;.
The Secretary of the Commission is dirCCtQd to forward it cerlf-
fied copy of this or(lor and of the attached permits and tunendments
to permits to all parties, and, subject to the filing of motions for
re[zcaz•ing, to issue the attached permits tincl nmendmeItts to permits
and forward same to the County Clerks of Dallas, Denton, Cooke and
Collin Counties, Texas, for recording.
Executed and entered of record, this the clay of TEXAS WATER RMITS COMMISSION
Jot `(;;u, tcr, Chairman
hoc 1-Citi•i•oJ.l, Coitniiss oncr
llorsay I!, 11TldI 5mll Coininis.5
. onez
I ATTI ST:
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Cun 1c(: No.
IML'1'10 '13 0 OCz?0
hilNlt)?1' 1 + tt''
S`%111~13T'J nl,u
7n Aultrc}' r;v1c++
Orou;a lls;,bl.c I)ar(;ent of :v;ltcr
Y
1'1 ~t,rl;ior( ; torat;e c;tor;lf;c u:.nL]e uump'1
)'e t
_"aki l'o (Pat l (ICTe t
r'~' « _fC r ) (b i) )'U,:.(I
et) yaor„('e ...:_t,b1Y(!_C'
1
Mood Control 027.0 - G3b,0 257,1§:~0(~) 25, tW 2'x,619
Ytatar supply 55+0.0 - 0'2.'1,0 050,300(,) 600,100 70 .3`il 10010
(Cit,Y of Ds(1).:.e;) 5.'iO,0 - 02'1,0 (44,/,wo) (5,!m'J) (cm 0)
(Ci.i.} of Denton) 550.0 - 627,0 r
(1,6,,.0( r
3?].) (20.0)
- Potri].a tj~iT;Ta -8 C'}' y(iU.-603"
~ 1 (:t) 7»oluc)a;; S,OOU ncra-feet ;;edirnent rcaorrc,
{l.} 1'ncl.ut)en 4,9,b00 ttcrn•-feet sed;ilnent; re.^,ervc.
In Tfawinvi,lle 1nko
W poroent of
i Oro:io U,,mbl.e percent of ma tor
)slavat1011 otorn(;o sto)"l(;e unable nupply
Fcat'•,tb (feet 11101 (acre.-fuat
(acroWfeei;) etora(!!'._...etor-lr',e
)?'.to
ad contra). 522.0 532.0 34), 0 m ',06,700 34„&25
1'1+ttor m1pply 4131.0 522.0 64 8, 400 >141000 65.175
)?NIsti.nt; l.ako 4121,0 _ 51.5.0 (464) 500) (436,000) 019.506) 100.0
((Uy of Dal.l.n's) 4131.0 - 51.5.0 1+15,000 117,122 (95,2)
(City of Denton) 481.0 515,0 21-,000 2.301, (4,8)
)inisocl rr/s pool. 51.5.0 d 522.0 (1.53,900) (1.312,000) (15.669) 10o,0
(0i.by of Dnl1a 5)5.0 - 522,D 1010100 7.1.,59.3 74„0)
(City of Denton) 515.0 - 522.0 35 ,900 11,076 26.0)
~ Totrtae ~I~r1311~ ~E t~);'~U )7~ lUU.00~
(1) )'nctuclerf 3/,~(~Ofl acrd fiat oorlflnent reserve,
2) lnaludny WtOl) ncrc--feat sodiment rc5ervc.
77 pNOJE,CI' VNS RUCTMI COST
)',Miwtted Vedaral construction co.-,t (1) (E 10.1,000,000
l ct.i,nntud nonrc:i;:11>ursnb'!.e costs (unallocable) 4,,100 000
}stii,~ntecl pro;jeot cost to be all.oc;:tcd
)djtill;ntocl i.ntcrerit daring; construction on allocnblo coat 7,865,vocl )
}VNtim,ntod pro,jacb i.nveatmont to be Allocated
(1) Rnaucr141onn of z•oada nbovo replaoe9r,nls-•3n-kind 'IUTIfar-k ls.
(2} l'ntercut rate M 3,25N, lntrrout ratc wi tl ba ;let as of the brt'inninC of tile.
fiueal year in which construction of the, Project, in Dtarted.
+
Con lcl: Iro, i~ncrl63 7:3 C.•Ora)U
4lfPtiJ?l' JAS;,,
s;xlJnJT'r ~lr,~l
In h0wry Till:ll
Orr,sta U~ablc Noreen( o ° rrn txlr
M vat3on ;rtoragr st.oraf"O usabl.o : ul,Z) ly
You t.urc (feet'. 'ml) (ncrc foci)
'torlf!c'...
Flood control. 62'7.0 636,0 257J`"f0(1 r 25?. M 29,619
Water supply 550.0 627.0 650:,100 0 600 't0
, 1 /u, 3131 1.00.0
(Cit), of 11:11.ta;;) 5'n,0 627.0 (/,!,/,,5031) (>?,.OfY) ('74.0)
(city of Dolton) 550.0 W 627,0 (156,aoo) {1 F3,3-~1.) (26;n)
- Totals WiL-Im -ff~u -~5itT" y?;G`U'U3
(.l) T)o:Ludea 5,000 mere--feet ac.dirrent a,esorve,
(l.) Txwl.udca /49,600 acrc-feet sediment re.1crve.
In )p:rriiwill.a Take
r Porcent of {
Oross unable percent of wato>,
Blovati.on storage at0rraga (1.1110.0 : upply
I'etatu~r. (foet v1s1) (acra-ft:et) (acre;-foot) stovago stot't,ge
)`food control 522,0 532.,0 ,1,''100() .(16,'/00 34, M5 _
Natel, 1rupp).y 481..0 - 522.0 640,400(2 ) 5741000 65,1.75
J,`x:istinr( lnJxo 181,0 51.5,0 (464,500) (/436,000) (h 9.506) 100,o
(City of Dallas) /4311.0 57.5.0 4151000 117.1.n (95,2)
((aty of Donton) /,81.0 » 515.0 21,000 ?.3811 fl)
rt(A i,I cd V,/;) poo). 515.0 » 522,0 (1.83) 9',JG) (138)000) (15,660 100,0
(C,3ty of Ua1.'las) 515.0 52?..0 102,100 ?.1..593 74.0)
03.L.y o.f Danton) 51.5.0 » 522.0 315,900 1 .076 26.0)
)
Totals `~jG ;711"0 "-Mw IU .(fa;
1) Includes 34,00 acre-feet nediment reserve.
2) Includes 74,400 acre•-foot sedimc ;t reserve.
IT. - PROJECT CC?JSTMICTTOV COST
YM,A111,1ted 1'adaral. construction cant 101,000,OU0
h t,i~tated nonvoimburejab2a CoAa (unallocable) 4,1c?0,00()
}atimatt"d larojcci cost to be ❑llocated
(,~tlrn•ated intrrest during; construction on Olocabin coot 865,:y O )
wst3snatoct project i.nvostirsent to bo all.ocstec{
1) kelucitions o' ro,nds above rcplaeera0nl;-in-kind stcandai-d's,
f 2) Tntcrcr;t mate 3„?5%. 7ntermll, rsatc will, be set nv of the bopinning of the
fiscal yoar in w1lich coilstrucLiott of the Project is nt..'I•tcd,
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t
(:fll l,fl(r ltP1 (t~ lr~
£;t}iiri~Ga+ ~u,iL;>•~unri~n.inf' 1,<nctit,;iu;c~Ei-vcl)
lYatcr }iGCrcntion and
suppat' EI ilc3'E'i,
} +lirr,ntcd ,tpcuifio faci]i.l,ic~ cost n lr.
2. ) (t:rntrci oi, L 7;'.9,000 r
J -t Irrc f~Ctlatic;; oust 12, 00,000 t,
£~t1f)tOtt7ll -CGtii, J?,?'3/„O;rf) )..,~>?'),(t`;')
~ i,a:uuLGd S'4,7t1, 7,0Ur.1
~~1: cEuranG cr,nrri:ruo ' !1"t,°, n
,
/i. 1. L.i;;,~,t.ed Local t9orr 1, 5U3,200'%~ <JG,'ICI r'i"+';10
lluc'li.'iott 3,36 6
/itl 11 9
(1.) In trl•r ,t rate 3
l !i'rn~l v, 1rtLerp.,t rnt.c rr>77 bn ;,atl ;I o1 the
c br.pinrrin£; of t}tc
t in r,hir.Et ca,l rlr c#.ict c^ ia,e "ro,jccL t;; st,zrlrcl.
' (2) .7nvo;rtrrr^rtt co.s(• i:o be rr:ptt,d by; ,
(Ul"Y Of Dootolt S 346, 100
71,x,
15,5£31,00 _ 26~ .
ZU /iT,TIJOA',"iOEJ Ulr' i;39'1'~'riry'}')
OnF:~'A'f7pi1 1, 1,D !,'ATf~EalA!lCls C45T
i I lYat.er ltecrent•ion tmd
i f ~ , £zttpp?Y t?.ins}t rlnc' 1~2
1. ,Specifir. Cost. rr1 lifa Total
iun of Joint live 325,200 36.7 Wo
i coat (frer'rcnt)
3. A1.10;:4ted junt tl^ 50,0
cu.,1 50.0
I'ota'. ~G , 5£3/h(tp ,8 (OU ).0;),0
J ala,ucni.i-on ~
t)6~~UU ~ ytr3; --o 7..1'7,?.CO
TO be Fpaid J) y ~ If~;tiGC
~ y Caty of _};onton ~
2.6~ of uf~ocif.ic cost, of water supl n
19) of projoct jol.nt use cost p y 9076
`total. 1.5,2;16
» 5_,_..---
SA P5,0.1,2 e #6 ~0.1z
{jl ;b~jir x l0U 5.2119 of total nnntail operation and mnintenrtnoo cost,
• rn,'rirtv:t.llo r~,tia
}'loud Plater
control supply Total
1. Sp Icip'i(t coat
d7lucuted •ioitli, una co.>t 17,26)
.
3?". ~'oi11 nllocati.un 27 072 11,17U(2) R lF3tt+l2
r 281 6:1 t
(:1.) Opcrtttion r,url rnalntr.nttltao of outlet r>tzuctut'e cxclusi.voly for Dallas.
~i) )'sr.clur;ivu of opvr:,t.ivtt and ruair,tcnartect ousts fo
uti1.1:. ;burl, i 7and rnnnrcpernant and pttbl4c
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rises 17,;1 Y ]Otl „ '1.Cl;r, of taL:!] uunua] ul!~rntiun end ir l ntrrnrrnn!; coat
,
iraivCcl rr;:1. ::u+1).)~ pnnl. F.li,od lYrlter
cuni,ro] H 11) 1A y_ I'r)I
1. f>pecific roast S 1'1,%~>] ;1 24068~1~ r 14,324
A] luc.lly 41 O'.. 1; t. l1 e CU:it 2s,41~, 1~ 11162) 0~
4)
(Tot l aUc.-ILion 74(i~U i~ ) V-~ ..!'I/-
.f.
Operr4_t'inli and u,•i1ni.cnmcE, 0r oil 1.1 r.t .1 nwturo ex(A u "ive,]y for T11I r,.
V.;!kal, ,m , I y .11,U1 iIL' r.n t 4.lef,A I:Ioo]. 5'J4,Ci1.) ,
1'4.lty x11,1+]} Aln, ge' iri (I)J' ' ;tq p0o] 4..6,t)~tU 1. ±10>
11-,5'73 I,?)65 '',C16s
' 1a)
(3) ,3.5,210 f?]1-,558 26„ of 65f1 n
(11) l?r.olusi.vc of opond l.orl rand 1.ltailitonanco costs for land 111miapire'nt and inlbliu
utilir,,ti.o».
$ 1, 105
5: ]00 2.59'l'% of i;otn'i annu-il opcrat;ion and rrnintennncr, coat.
i
2.,597; ]..OUG ]..5/7J of t,atcs] annual operation and mainl,rrruico cost. alloca••'
ted to I)err,tins for opau'r.tlun and ii,, intenance of tho add.H,ionnl water supply stor-
l slats in Lcv,-Jco lle I;.lkca.
SodirwrOxti oil rc:rtlrvr;ya;
Ruxucd sraf.er aupp],y poo]. 6.1,60;
t<d.t,ting pro,joct uatar aupp]y poc]. 2./4001,
Difforcnco a]locatad to aulditional evnter tsupuly poO'i 7s,(50U.
E
Y ^ COMTUTA' Y)N S FC)±t- AWIilAT, PAY1MN"I`S POT? TNTI-P.Le1T ANI11 AIM11TI'/,ATTO
!lancd on 50 cyual jxlynwntrss 4.9 of which beat, intere;3t on the unpaid balamo at
tho rate: of 3.649 percent,
A - P Is annur l 1x1yrmllt
p A turlolrnt to bo repaid n 2115,51311000
1 9, r. intcre;tt rata a 3.6149
ID osurt,is:aticn coofficient for 49
P _ : ,111 (OU P years 0.00761770
U-; i0TRu 'J6
? 22.671TM3401' 15, 5111., 000 P
23.6,wirlw44w, 10,587.,000
1, r, S6581210 rounded to tho nearest one dollar.
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EX)ITITIT 1111'
Y111'„'!::;'!' TO TO TWh1, VAL411M
110. ]Nl'1.011,S~( 1'it.T11Ci1'kL PAY„1`1;U UU1;
1 0600 6540,10.0(} 65'311 0. On 1 47`)0, n~
1. !141.`13:;. 0O 1 1 36'7'7. l)•:) 6';.4;? 1,'). f)0 I4'iO1) i l 't. nn
1 3 S403 ;5.00 1 17 ;?5. 00 6DO 1 1691 nn
4 53601;5.00 I 00 G53?10.00 1156^Ile.1 .n0
S 531621) 00 I26S I.0) 65%S?10r0O 14AAp1) 'S0 .r
G 5"?7010 • il0 3 •91 3r) 00 65 8?1 (I. nl} 1 43 i 1 3'.2. nn
52??., 00 5 n r
7 13 0
51'1260.01) 1 40950. OD 6 5 3?10. 7)0 110 31A4;r. pn
9 511_1 1 7 00 11%1093. 00 65-3PI no 00 13%i ifl3!il • rl O
10 506735.00 1 11.42/J. 70 h5
ttia}Q, 7!) 1 371fiO?7.r) )
1 1 501 i.?60. 00 1 `.16950. 00 6S321 0. 0') 1 ;15771)77. r) )
n
I J2 49(,533.00 Ifs 25'7'7. 00 5a„e,.In•00
13 1 4.!) 13417(300. nn 469597.00 636 653?10 1
11 1&3115.00 174765 . U0 65r321r) on 11 17
3~^?.ry!1
15 47706'7.(1 O 1 31 1 43. 00 55 3 ;?10. 00 l 9?7 9. 0 ?
16 47(45,.4]0 1%37752. a0 Gvs~lO.gp tP. '/DSO1q,on
17 463606.00 194604.00 65%3?10.n0 1P5)0/.09.0
O
i 1 £S 15GSUS.(lp 20170!1.00 65b^10.00 3. 1)
1 19 449145.07 ?09() 65.00 6`.ir;?1 00 1P.n9905.1 n
20 411516.p0 216094.00 6552.10.00 I114?959,On
21 433609.00 (?24601.00 659?.10.00
2?. 42541 3. ] 2' • 1 16 5'1 1511 . ^(1
P
f 0 _.3'7 n . 7. n , 658 21 0.00 1 14'4,51161. n0
23 4169 9.00 ?,112.91.00 653210.00 111'14170.00
1 24 4001 1 4400 1.!i00gy, DO 65521 0.04 1091,11 71.0 ?
i5 391393$.00 2.59?.??..00 65S210.00 106749'Sq,1)0
PAGE: I
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NO. 4bf,4J' IIATAN,cF
Dull
?,G 3895?9.[{} ?b3G'1.0.7 is;010.00
27 3797 G ?S.OO > 1r14n/,a71,n1
7llo 11)
Si?1.1,+)0 1nIQTl •i.n.~
26 :369.'>6 r)r) )/147.110 F) or)
311'9, on
29 359Q3a.Op 4r71•;7.f10 / n J n
30 31r?31 1 3.00 ri 1 r1, rln 9$ 39<,?i7. nn
310097. -)0 6Srf I o.00 r n9c J r, •
-.lr 31 3317911, (?n 3n14I 00 65'?10.00 J n.0
32 3P.So;9.0 1 3331 41 , O0 6 5 t;?11 , oo `3 JO;tan. nn
33 3129 1 3. Qn 9'1 ) h.`i7!'>?0n, On
3.55 , no 55 5910, 0n
34 30031 3. 00 357si9'l. no C 30!) I nr)
35 2;'/253. U0 37 Q 9 r c S 7 'S•-i t n, 00 'ri7?I t E;. my
. n0 65".321 0. oo
36 27:171'7. n0 3%i 4493. On G 5 9,.. 1 0 7501 1 :.3 . ory
37 259637.00 3 J ~ , . 2 3 00 of 0 711,6 6 5, n0
. 0,
3$ 2/i=ii!'`a•00 hl:?O(>,i.llO 6 58 21 00 6'7 1 (31 /I1?. on
65~ir?1 f1. 00
3`+ 23007p. 0() 4?r138. 00 = n 6;10.077. no
4Q 2144.1; _ -5., 8 ,,.1 0. 00 'i 176 On
0.Oo 411.376,0, oo 65r3?1 (1.00 '
41 19;525 7. 00 h599oo 6ti Sj Oo /93:3179, r) o
4? 1£114'3.00 476737.01 r 7 ) ,,nr)
43 164077. 00 /i94133655210. OQ h49/i39, 0o
' 44 1 /1604 p 1100-_ f~(5G
r U 512164.00 G5fi210.n0 3490192. o+3
46 . 00
46 1 273:57. Oft 5301353, Of) 65321 0 29
. 00 5
1 p7nc;F . OII 5502.?.4. 00 9339, 00
47 879 (10 570301.n 65;?10.80 ?^09115.Oq
~ 46 G'109;S.nf) G'3?10,00 lf33i1i14.q^,
h4 45`',9.00 591112. 00 65,1?10.00 124770?. Or)
12631.00 6532.10.00 ,
5Q 2317.x, 0r) 6,35021 , 00 65131 93• o 6350?1 n0
Q
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