Loading...
HomeMy WebLinkAbout2000-011ORDINANCE NO ADOD- Of 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT, PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No 90-186, passed by the City Council on November 20, 1990, the City Council authorized the Mayor to execute an "Interim Wastewater Treatment Service Contract Between the City of Denton, Texas and the Upper Trinity Regional Water District" (the "Contract"), thereafter the City of Denton (the "City") and the Upper Trinity Regional Water District (the "UTRWD") executed and entered into said Contract on November 20, 1990, and WHEREAS, the City and the UTRWD have operated under the terms and provisions of said Contract continuously since November 20, 1999 However, Article VIII , Section 8 1 of the Contract provides that the Contract will terminate on December 31, 1999, and WHEREAS, because the City and the UTRWD are currently negotiating the terms for a new wholesale wastewater treatment service contract, it is the mutual desire of the City and the UTRWD to extend the term of the Contract for an additional six (6) months, so that the Contract will continue in full force and effect and will terminate instead, on June 30, 2000, and the City and the UTRWD mutually desire that the existing Contract continue in full force and effect, without lapse, expiration, or interruption while their respective governing bodies approve and enter into an "Amended Interim Wastewater Treatment Services Contract Between the City of Denton and the Upper Trinity Regional Water District' (the "Amended Contract") providing for such six (6) month extension of time, and WHEREAS, the City Council deems it in the public interest to enter into the Amended Contract with the UTRWD to extend the current term of the "Contract" for an additional six (6) month period, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an "Amended Interim Wastewater Treatment Services Contract Between the City of Denton and the Upper Trinity Regional Water District" substantially in the form of the Amended Contract attached hereto and incorporated herewith by reference SECTION 2 That the City Secretary is hereby directed to affix a copy of this Ordinance to Ordinance No 90-186, and inscribe thereon the notation that the Amended Contract has been amended by the adoption of this Ordinance SECTION 3 That this Amended Contract is hereby ratified, confirmed, and retroactively approved, and shall be effective from and after January 1, 2000, so that the Contract heretofore executed by the City and the UTRWD on November 20, 1990, shall remain and continue to full force and effect, without lapse or interruption SECTION 4 That except as otherwise provided in Section 3 heremabove, this Ordinance shall become effective immediately upon its pa'ss/age//and approval PASSED AND APPROVED this the H ; day of , 2000 5ZI'4�1 � - JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 B, Y S \Our Documents\Ordmances\99\UTRWD COD W W Amend Agrmt Ord doc PAGE AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20,1990 WHEREAS, the City of Denton, Texas (hereinafter the "CITY'), a Texas Municipal Corporation, and a Home -Rule City under the laws of the State of Texas, heretofore entered into an "Interim Wastewater Treatment Services Contract Between the City of Denton, Texas and the Upper Trinity Regional Water District, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas (hereinafter the "UTRWD") on the 20`h day of November, 1990, which contract is hereinafter referred to as the "Original Contract," and which Original Contract was approved by the Denton City Council by Ordinance No 90-186, passed on the 20`h day of November, 1990, and WHEREAS, at the time that the Original Contract was entered into in 1990, it was the UTRWD's objective to develop a regional wastewater system in the Denton County area and to enter into contracts with entities which were "Participating Members" of the UTRWD to provide regional wastewater services to those entities The CITY at that time, and at the present, owns and operates a wastewater collection, treatment, and disposal system in Denton County, Texas, and the UTRWD, at the time of the Original Contract, and at the present, desires to utilize the excess capacity of the Denton system for the collection, treatment, and disposal of the UTRWD Members' wastewater, and WHEREAS, the "Denton County Water and Wastewater Study --- Regional Master Plan for the Year 2010," recommended that certain portions of Denton County be provided regional wholesale wastewater service through the CITY's wastewater system In said Original Agreement, the CITY agreed to provide wastewater services for the UTRWD on an interim basis, with the expectation that, and on the condition that the UTRWD would in the future enter into another and further contract with the CITY to provide for the joint planning, funding, and ownership of additional wastewater collection and treatment facilities to serve the future wastewater requirements of both the CITY and the UTRWD, and WHEREAS, Article VIII, Section 8 1 of the Original Contract provides that the Original Contract shall expire by its own terms on December 31, 1999, and WHEREAS, the CITY's Wastewater Utility Department currently has a wholesale wastewater contract with the UTRWD, and the CITY and the UTRWD are currently negotiating acceptable terms for a new wholesale contract, while at the same time considering the needs of other customer cities and/or districts being added to the wastewater system in light of the rapid growth and development activities in the Hickory Creek Basin, and in order to maintain the status quo, and in order to allow sufficient time for completion of the negotiations between the CITY and the UTRWD, the CITY and the UTRWD mutually desire to extend the term of the Original Contract for an additional six (6) month period, and WHEREAS, the City Council deems it in the public interest for the CITY to enter into this "Amendment to the Existing Interim Wastewater Treatment Services Contract Between the City of Denton, Texas and the Upper Trinity Regional Water District Heretofore Executed on November 20, 1990" (hereinafter the "Amended Contract") which provides that the term of the Original I Contract shall be extended for an additional six month period of time, pending their good -faith negotiation of a new Contract, and to keep said Original Contract in continuous force and effect, without lapse Page 2 NOW, THEREFORE, for good and valuable consideration, and in further consideration of the mutual promises and covenants of the parties, the CITY and the UTRWD do hereby AGREE as follows, to wit SECTION I That Article VIII, Section 8 1 of the Original Contract is hereby amended to read as follows "This Agreement shall terminate on June 30, 2000 " SECTION 2 That in all respects, except as specifically and expressly amended by this document, the said Original Contract heretofore duly passed and approved by the City Council of the City of Denton, Texas on the 20t° day of November, 1990, shall remain and continue in full force and effect, without lapse or interruption, for all purposes pertinent EXECUTED by the undersigned duly-authonzed officials and officers of the CITY and the UTRWD, in two (2) original counterparts, on this the a/d" day of Ad 2000 CITY OF DENTON, TEXAS a ATTEST; JENNIFER WALTERS, CITY SECRETARY MANAGER Page 3 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By / axw UPPER TRINITY REGIONAL WATER DISTRICT PRESIDENT (// BOARD OF DIRECTOR ATTEST By SECRETARY, BOARD OF DIRECTORS APPROVED AS TO LEGAL FORM S \Our Documents\Contracts\99\UTRW D Amend W W Agrrnt - Argyle Hickory Crk Basin doc Page 4