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Miuntes June 26, 19905 8 CITY OF DENTON CITY COUNCIL MINUTES June 26, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Ayer, Gorton, Hopkins and Trent. ABSENT: Council Member Alexander 1. The Council received reports and discussed issues relating to the Upper Trinity Regional Water District. Bob Nelson, Executive Director for Utilities, stated that the purpose of his presentation would be to review the history and purpose of the Upper Trinity Regional Water District, to alert Council to pending action relating to the Upper Trinity Regional Water District which included membership in the Upper Trinity Regional Water District, the Sulpher River Water Resolution and the interim wastewater contract with the Upper Trinity Regional Water District for service to Argyle, the Ray Roberts Water plant joint ownership agreement and Denton's participation in selected pipelines with the Upper Trinity Regional Water District. He asked that Council provide direction to either confirm previously established positions or receive additional direction regarding membership to the Upper Trinity Regional Water District, joint ownership, pipeline participation, long-range water supplies, and a review of the schedule for the Ray Roberts water plant. Nelson reviewed the history of the Ray Roberts water system. As the Ray Roberts plant was started in the early 1980's, many of the area communities asked Dallas and Denton for water. Denton had established a position that it wanted to retain its own water. It did not want to get into the business of selling water rights. All of the cities were in need of water as they were all on ground water and needed to get on surface water. Dallas had taken the approach in the early 1980's that they would provide the raw water or treated water to the river basin which included all of Denton County except for a small portion. As the years went along, Dallas began wanting to back off of the commitment. Denton's concerns regarding being a regional water supplier included (1) water rights - possible loss of water rights to customer cities, (2) the high cost of a new plant, (3) rate disputes, and (4) the risks involved with customer cities. Denton's options included being a regional water supplier, being a customer of a regional water supplier or encouraging the development of a regional water system to be a partner with Denton in a new plant. In the winter of 1986-87, a county-wide steering committee was developed with 25 members which obtained funding from the committee. In the Spring of 1987 a consulting engineering firm was hired to assess the regional needs and in the Spring of 1987 Denton applied to the Texas Water Development Board to fund half of the study. At that time, Denton was asked to be the contracting entity to do the study. City of Denton City Council Minutes June 26, 1990 Page 2 By the Spring of 1988 the report was received and in the Summer of 1988 a citizens task force was formed to present the concept to the region. Denton and Lewisville created the Upper Trinity Municipal Water Authority and the steering committee continued to serve a guiding role. Legislation was developed in the Fall of 1988, approved by area cities and adopted in the Spring of 1989. In June of 1989 the Upper Trinity Regional Water District was formed and the Upper Trinity Municipal Water Authority was dissolved. The purposes of the Upper Trinity Regional Water District were: county-wide regional water planning, development of long-range raw water supplies, assistance in securing return flow water rights for Denton County entities, provided water treatment and pipeline systems, provided wastewater treatment and pipeline systems, regional sold waste facility, regional hazardous/liquid waste facility, storm water facilities, control and monitoring, services available only if city requested, and participation in Upper Trinity Regional Water District as voluntary. A major issue was who owned the rights to the return water flow. Council Member Hopkins asked if the decision would be within the courts or a legislative decision regarding return flow rights. Nelson replied that the Legislature would probably force the decision on the Texas Water Commission. He continued that there were two types of memberships in the Upper Trinity Regional Water District. A contract membership provided a two year eligibility, membership on the Board and provided an option to become a participating member. The participating membership was for entities participating in projects, provided for membership on the Board and was also for entities participating in special facility bonds. Board members consisted of eight members carried over from the Upper Trinity Municipal Water Authority, one Board member for each contract member and one board member for each participating member. The term of office was four years and were appointed by the City Council. The County had one at-large member with an option for one additional member if the Board requested. Voting control consisted of one vote per member on general issues and a weighted vote on projects. Cities with population over 50,000 had one additional vote. Upper Trinity Regional Water District major activities included (1) Little Elm Wastewater Treatment Plant, (2) Denton's Water Plant project, (3) Sulphur River Water, (4) Argyle Wastewater contract, and (5) Ground Water Study Committee. 59 60 City of Denton City Council Minutes June 26, 1990 Page 3 Nelson stated that the Upper Trinity Regional Water District's service plans consisted of serving 10 entities, participating in Denton's 10 MGD Ray Roberts Plant, building/participating with Lewisville in a south plant, participating in Denton's water line to Denton and in Denton's booster station, and building pipelines. Denton's future raw water requirements and supplies, requirements for drought conditions and water supply for growth were review by Nelson. Alternatives presented included (1) buying from Dallas which might mean too high price for water, piping pumping costs to increase and a supply only until 2030, (2) Sulphur River Basin with a relatively low cost of Commerce water, the need to participate with others, future legal battles, and future developments/participation, (3) Texoma which had poor quality water, Dallas would resist or prohibit and the water cost was very low, and (4) re-use water which would cost very little, involve legal battles and the public might not accept the concept. Nelson then reviewed the Cooper Reservoir water. The water was owned by North Texas Municipal Water District, Irving, Sulphur River Municipal Water District, Commerce, Sulphur Springs, and Cooper. Commerce and the Upper Trinity Regional Water District had signed an agreement for Commerce to sell 11.7 MGD for 50 years. Nelson presented the estimated 1991 budget for the Upper Trinity Regional Water District and the anticipated source of funds. Advantages and disadvantages of the Cooper Reservoir Water included (1) the water's relatively low cost, (2) it would provide water for 10,000 people, (3) it would give Denton an opportunity to develop a presence in other regional water sources, (4) there would be legal battles, (5) if Denton did not participate other Denton County cities would assume Denton's share, (6) if successful, the Upper Trinity Regional Water District would reimburse the City $42,000 and (7) if unsuccessful, Denton would not recoup $83,325. Nelson stated that in his opinion, it was the worth the risk to try and get the Cooper Reservoir water. Council Member Hopkins felt that it was necessary to talk about the Cooper Reservoir pros and cons and perhaps needed superior legal advisement in Austin. Was what Denton would get worth the cost. Mayor Castleberry asked when an answer was needed. Nelson replied approximately one month. City of Denton City Council Minutes June 26, 1990 Page 4 The Council then convened into the Special Call Session at 7:00 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Ayer, Gorton, Hopkins and Trent. ABSENT: Council Member Alexander 1. The Council discussed and considered approval of a recommendation from the Park and Recreation Board concerning a request from the St. Emmanuel Baptist Church to hold a bazaar in Fred Moore Park. (The Park and Recreation Board considered the request at its meeting of June 25, 1990.) Lloyd Harrell, City Manager, stated that the Parks Board considered the request on June 25 and recommended to Council that permission be granted and that the fee be waived. Hopkins motioned, Gorton seconded to grant the request. On roll vote, Trent 'aye," Hopkins 'aye,' Gorton "aye,' Ayer "aye,' Boyd "aye," and Mayor Castleberry "aye." MOtion carried unanimously. 2. The Council convened into the Executive Session to discuss legal matters (considered agreement in Golden Triangle Joint Venture & Pep Boys Manner Moe & Jack vs. Cit~), real estate, and personnel/board appointments (held a discussion and considered appointments to all City of Denton Boards and Commissions). No official action was taken. With no further business, the meeting was adjourned. 6! C~TY SECRETARY CITY OF DENTONv TEXAS 3281C