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HomeMy WebLinkAbout1964-4RESOLUTION WHEREAS, the City Council of the City of Denton, Texas, has authorized a program of construction of sewerage works at an estimated cost of 220,300.00 and the United States Government, acting through the Public Health service, has offered a Federal grant in the amount of $66,090.00 as designated on Part A, Offer and Acceptance, now under consideration by this body. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Denton, that said offer as submitted, together with the terms and conditions thereof, is hereby accepted and approved; and that Warren Whitson, Jr., Mayor of the City of Denton is hereby authorized and directed to sign said offer and Acceptance and any other necessary documents required to complete the project on behalf of said City. BE IT FURTHER RESOLVED that the City of Denton has or will procure a fee simple or such other estate or interest in the site of the project, including the necessary easements and rights-of-way, as to assure undisturbed use and possession for the purposes of construction, operation and maintenance of the works for the estimated life of the project; and that in the event such title, estate, or interest in such site, easements or rights-of-way may in the future be contested, the City of Denton will defend and maintain its title in such site and hold the United States Government blameless in such action; and that before any Federal payment is requested pursuant to said grant, said City will provide certification as to the sufficiency of such estate or interest. PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Denton on the day of November, 1963. 2~~1 Warren Whitson, Jr. Mayor, City of Denton ATTEST: rooks Holt City Secretary AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE /~2~.._ DAY OF ., A. D. 1964. RESOLUTION WHEREAS, the City of Carrollton, Texas, under date of November 12, 1963, transmitted to the Texas Water Commission an appli- cation for a permit to appropriate public waters from Garza-Little Elm Reservoir and the proposed Aubrey Reservoir; and WHEREAS, the application was received by the Texas Water Commission November 14, 1963, but has not been accepted for filing; and WHEREAS, the City of Carrollton makes application for the diversion of 53,000 acre feet annually; and WHEREAS, under Paragraph J, which reads as follows: "If a permit for the appropriation ~s granted, e~ther in whole or ~n part, construction work w~ll be begun w~th~n 365 days after such permlt is issued. The proposed work w~ll be prosecuted diligently and continuously and w~ll be completed w~thln 3 years from date of issuance of permit. If all or part of these waters ~s obtained from proposed Garza- Little Elm or Aubrey Reservoir, construction would necessarily need to be delayed until construction of these projects begins."; and WHEREAS, there is attached to said application a supplement which reads as follows: "The C~ty of Carrollton ~n this application applies for a permit to appropriate public water from the unappropriated waters ~n the existing and proposed enlarged Garza-L~ttle Elm Reservoir and the proposed Aubrey Reservoir. These are a part of the available waters and reservoirs proposed ~n%he Corps of Engineers Compre- hensive Survey Report on Trinity R~ver and Tributarles - Texas, dated June, 1962. The subject water ~s to be from the available conservation storage as existing and addi- tionally proposed conservation storage ~n these reservoirs. The first portion of the appropriation of 53,000 acre feet per year is to be taken from the unappropriated yield of Garza-Little Elm reservoir, as existing and additionally proposed wlth necessary additional water, for a total appropriation of 53,000 acre feet per year being taken from the proposed Aubrey Reservoir. Necessary water from the Aubrey Reservoir would be released to the downstream Garza- L~ttle Elm Reservoir, and then released from Garza-Little Elm Reservoir lnto the suction line of a pump station at location shown in application. .Final location of diversion dam and pump station is subject to m~nor change to correspond with channel ~mprovements planned ~n the above mentioned Corps of Engineers Report."; and WHEREAS, the City of Denton, Texas, under Application No. 1590, filed November 24, 1948, was granted a Permit, No. 1706, dated June 21, 1954, by the Texas Water Commasslon for the annual diversion of 11,000 acre feet annually and the storage of 21,000 acre feet an Garza-Lattle Elm Reservoir; and WHEREAS, the City of Denton, Texas, under date of December 11, 1953, entered into a contract with the U. S. Government, No. DA-41-443-eng-1098, for the right to use an undavlded 4.8% of the conservation storage space ~n the Garza-Little Elm Reservoir; and WHEREAS, the City of Dallas, Texas, under a s~m~lar contract and permit, has the rights to 95.2% of the conservataon storage space in the Garza-Little Elm Reservoir; and WHEREAS, under date of January 7, 1955, the Texas Water Commlss~on accepted for faling Presentation No. 1331 by the City of Denton covering the proposed Aubrey Dam Site and Reservoir, which presentation was continued an full force untal January 7, 1958, the full legal period an whlch the presentation could be maintained in effect; and WHEREAS, under date of June, 1962, the Corps of Englneers comp~ted a "Comprehensive Survey Report on ~rin~ty River and Tributaries - Texas" which report ancludes as a Federal project the proposed Aubrey Reservoar together wath the modification of the existing Garza-Lattle Elm Reservoar; and WHEREAS, at a public hearing held ~n Austin, Texas, July 30, 1963, by the Texas Water Commission on the above captioned report the C~ty of Denton publicly advised the Texas Water Co~ission and all other anterested partaes of Denton's need, anterest in, and contemplated plans for the Aubrey Reservoir and modifled Garza-L~ttle Elm Reservoir; and WHEREAS, at the same public hearang the Clty of Denton made specific requests of the Texas Water Commission to take such action as would ~nsure "Denton's right to negotiate wlth the Corps of Engineers for the purchase and ownershap of not less than 26% of the conservatlon storage space to be made available by the construction of the Aburey Reservoar; and WHEREAS, the Cities of Dallas and Denton, the owners of 100% of the conservation storage space ~n Garza-L~ttle Elm Reservoir, recognaz~ng the need and desarab~l~ty to have the proposed Aubrey Reservoir constructed to its optimum potential which development necessitates an exchange of storage space an the Garza-Llttle Elm Reservoir and the proposed Aubrey Reservoir, entered into a contract under date of November 19, 1962, whereby the City of Denton agrees to pay for and own 26% and the City of Dallas s~m~larly agrees to pay for and own 74% of the additional conservataon storage space to be made available by the construction of the Aubrey Reservoar together with the necessary interchange of storage space in that reservoir with that ~n the exastlng Garza-Little Elm Reservoir; and WHEREAS, the C~ty of Denton in its long range planning depends upon the Garze-L~ttle Elm Reservoir and the proposed Aubrey Reservoir all as set forth in the above mentioned contract with the C~ty of Dallas; and WHEREAS, there is no unappropriated water or storage space ~n the Garza-L~ttle Elm Reservoir; and WHEREAS, the proposed Aubrey Reservoir w~ll be constructed by the Corps of Engineers; and WHEREAS, the proposed Aubrey Reservoir w~ll not be constructed until 1980; and WHEREAS, the C~ty of Carrollton recognizes under Paragraph J of their appllcation, which paragraph is quoted above, that it would be impossible to commence construction in the immediate future; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that the City of Denton formally requests the Texas Water Commission to reject the application of the City of Carrollton, Texas, for the storage of water in reservoirs existing and to be constructed on the Elm Fork of the Trinity R~ver and divert therefrom 53,000 acre feet annually, all as set forth in the application of the City of Carrollton, Texas, received by the Texas Water Commission November 14, 1964; and BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the City of Dallas, Texas. PASSED AND APPROVED THIS /~ DAY OF ~t ~-- , A.D. 1964. Warren Wh~tson, Jr., Mayor C~ty of Denton, Texas ATTEST: Br~ks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: yQ. Barton, C~ty Attorney of Denton, Texas RESOLUTION DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : BE IT RESOLVED AND ORDERED BY THE COUNCIL OF THE CITY OF DENTON: 1. The City Secretary is directed to issue a Notice of ~ale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS 800,000 GENERAL OBLIGATION BONDS 200,000 PARK IMPROVEMENT BONDS 250,000 WATER AND SEWER SYSTEM REVENUE BONDS The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building in the City of Denton until: 10:30 AM, CST, Tuesday, June 9, 1964, for the purchase of: 800~000 General Oolisation Bonds, to be dated July 15, 1964, and to mature serially July 15 each year 1965 through 1982, inclusive; 200~000 Park Improvement Bonds, to be dated July 15, 1964, and to mature serially July 15 each year 1965 through 1982, inclusive, and 250~000 Water and Sewer System Revenue Bonds, to be dated July 15, 1964, and to mature serially on July 15 each year 1965 through 1984, inclusive. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, Czty of Denton, Texas", and must be submitted on the "Official Bid Form" to be provided by the Czty przor to the date of sale. Ail sealed bids will be publicly opened and tabulated before the Council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about May 18, 1964, by First Southwest Company, 927 Mercantile Bank Building, Dallas 1, Texas, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. BROOKS HOLT City Secretary City of Denton, Texas" 2. The said Notice shall be published in The Bond Buyer in New York, New York one time. The said Notice shall also be published in the f'Denton Chronicle", designated the official newspaper of the City of Denton. The publication in each of said papers shall be at least thirty days prior to the day set for receiving bids. CERTIFICATE FOR RESOLUTION DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE! STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : We, the undersigned, Mayor and City Secretary, respect- ively, of said City, hereby certify as follows: 1. That the attached and following is a true, full, and correct copy of a Resolution Directzng the Issuance of Notzce of Sale of Bonds duly. adopted by the City Council of said City at a Az.~~ Meeting held at the regular meeting place on the 8~h~y~of April, 1964,.which Resolution has been duly recorded znlthe minutes of said Czty Council. 2. That the following are the members and officers of said City Council: Warren Whitson, Jr.: Mayor Tom W. Laney S. Allen Self : Councilmen Ray E. Lagleder H.R. Pemberton : Brooks Holt: City Secretary and all.said persons were present at the time of adoption of said Re!solutzon except the following absentees: · 3o That said Resolution was introduced for the con- sideration of said City Council by its preszding officer and r~ad in full, and upon motion duly made and seconded, said Resol- ution was adopted by the following vote: AYES: All Councilmen present voted "Aye." NOES: None. 4. That each of the members and officers of said City Council was duly and sufficiently notified officially and per- sonally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced amd considered for adoption at said Meeting, and each of said members and officers consented, in advance, to the holding of said Meeting for such purpose. 5. That the Mayor of said City has approved, and hereby approves, said Resolution; that the Mayor and the City S~cretary of said City have duly signed said Resolution; and that said Mayor and City Secretary hereby declare that their signing of this Certificate shall constitute the signing of the attached ahd following copy of said Resolution for all purposes. his the 28th day of April, 1964. i ~y Secretary Mayor SEAL) ......................................................... I, the undersigned, City Attorney of the City of Denton, Texas, hereby certify that I approved as to legality the attached and following Resolution prior to_its adoption as aforesaid. City ~ttorne~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 28th DAY OF APRIL, A.D. 1964. RESOLUTION WHEREAS, the City Englneer recommends the use of the Delta-Seal type joint for Vztrifzed Clay P~pe, smnce a great per- centage of mnf~ltratlon xs ~n service lmnes; and WHEREAS, it is necessary to change Sectmon 7, Subsectmon 4 of the Standard Specifmcatlons for Water, Sewer and Streets mn the City of Denton, on fmle mn the City Engineers offmce, to read as follows: 7-4 Joints: Sewer pmpe 3olnts shall be factory fabricated 3ointing connectmons, using materIals havmng res~lment properties. These propertmes must conform to all specifications of A.S.T.M., Desmgnatmon C-42~'-60T. This p~pe shall be laid strmctly mn accordance with the manufacturer's recommendations. The contractor must have suitable experience mn laying th~s type of joint. No type joint shall be made when water ms mn the trench, nor shall water be allowed to r~se around the p~pe before the ]oint has set. The pipe and bells shall be cleaned when laid and shall be so laid and centered as ~ form a concentrlc ]oint wlthout offsettmng the mntermor of the pipe; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, that the above change in samd Spec~flcatmons is hereby approved and zs to supercede the fzrst two paragraphs of Sectzon 7, Subsectmon 4 thereof. PASSED AND APPROVED THIS ~ DAY OF APRIL, A.D. ~964. Warren Whztson, Jr., Mayor C~ty of Denton, Texas Bro~Holt, City Secretary C~ty of Denton, Texas o~ ~e~ ~xtaysAtt°rney