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ORDINANCE NO 60-a I
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 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, 1990 However, Article VIII, Section 8 1 of the
Contract provides that the Contract will terminate on December 31, 1999, and
WHEREAS, by Ordinance No 2000-011 passed and approved by the City Council on
January 4, 2000, the Contract was extended for an additional six-month term, effective from
January 1, 2000 through June 30, 2000,
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, to maintain the
status quo, so that the Contract will continue in full force and effect and will terminate instead,
on December 31, 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 additional 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 by this ordinance manifests its desire 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 "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,
PAGE 1
1990" substantially in the form of the amendment to 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, as well as to Ordinance No 2000-011, and inscribe thereon the
notation that the 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 July 1, 2000, so that the Contract
heretofore executed by the City and the UTRWD on November 20, 1990, shall remain and
continue in 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 passage and approval
PASSED AND APPROVED this the ! 6—�k day of 2000
& 40L
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
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0
STATE OF TEXAS )(
)(
COUNTY OF DENTON )(
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 20s' 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`n 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 Council of the City of Denton, Texas passed and approved
Ordinance No 2000-011 on January 4, 2000 providing and authorizing a six-month extension of
the Original Contract, effective January 1, 2000 through June 30, 2000, 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, to be effective, ratified and retroactive
from July 1, 2000 through December 31, 2000, 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
Page 2
November 20, 1990" (hereinafter the "Amended Contract') which provides that the term of the
Original 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
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 1 That Article VIII, Section 8 1 of the Original Contract is hereby amended
to read as follows
"This Agreement shall terminate on December 31, 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 20`h 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 authorized officials and officers of the CITY and
the UTRWD, in two (2) original counterparts, on this the day of 2000
"CITY"
CITY OF DENTON, TEXAS
IV
_,/�� p%_
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
ATTEST
"UTRWD"
UPPER TRINITY REGIONAL WATER
DISTRICT
V i
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By / r t
BOARD 6F DIRECTORS
APPROVED AS TO LEGAL FORM
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RECEIVED SEP 2 2 2000
REGIONAL WATER DISTRICT
(972) 219 1228 Fax (972) 221 9896
September21, 2000
Mr Howard Martin
Assistant City Manager/Utilities
City of Denton
215 E McKinney St
Denton, TX 76201
Re Extension of Wastewater Contract
Dear Howard,
Enclosed for your records is an executed copy of the contract extension approved by the
Denton City Council on August 15, 2000 and by the Upper Trinity Regional Water District Board
of Directors on September 7, 2000 With this agreement, the expiration date of the wastewater
services contract has been extended from June 30, 2000 to December 31, 2000
1 understand that Denton and Argyle are in negotiations regarding a direct contract for
wastewater treatment services Accordingly, UTRWD will stand aside on this matter unless
requested by either party Please let me know if we can assist in any way
Sincerely,
T omas Taylor
Executive Director
TET/lw
Encl Executed Contract Amendment
Yvonne Jenkins, Mayor, City of Argyle
Tom Waller, Board Representative, City of Argyle
Blake English, President, UTRWD