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.
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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