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1992-032¢o?~nth o ORDINANCE NO ~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO A WHOLESALE WATER SUPPLY AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF CORINTH, TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute the attached amendment to a wholesale water supply agreement dated May 14, 1985 between the City of Denton and the Town of Corinth, Texas under the terms and conditions contained within said amendment, a copy of which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the/~dayJ~'~ of ~~~. ~ , 1992 BO~B~ ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA A DRAYOVlTCH, CITY ATTORNEY ORIGINAL AMENDMENT OF AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF CORINTH, TEXAS Recitals On May 14, 1985 the City of Denton (Denton) and the Town of Corinth (Corlnth) entered ~nto an agreement (the Contract), a copy of which is attached, providing for Denton to supply wholesale treated water to Corinth For the water year 1991 (June 1, 1991 to May 31, 1992), Corinth's requested demand was established at 1,250,000 gallons per day (1 25 MGD) Corinth is now proposing to provide for peak water demand by drilling one or more water wells to serve lts water supply system and would like to reduce its demand below what would otherwlse be requlred under the Contract Denton ls agreeable to allowlng for a reduction in demand consideration of Corinth committing itself to ultimately obtalnlng · ts wholesale water supply from the Upper Trinity Regional Water Dlstrlct or some water supply source other than the Clty of Denton AGREEMENT The partles agree to amend the Contract as follows 1 That paragraph 2 3 ("Water Year") is amended to read as follows 2 3 "Water Year" shall mean the period of time from June 1 to May 31 of the succeeding year, for which the annual water requlrements of Corinth shall be determined and establlshed, except as otherwise provided for in this Contract 2 That Sectlon 3 0 ("Volume and Demand Determlned for Each Water Year"), is amended by adding a new paragraph 3 4 to read as follows 3 4 Notwithstanding any other provision of th~s seotion 3 0, beginnlng on October 1, 1992, Corinth's rec~ested demand shall be set at 1,000,000 gallons per day (1 O0 MGD) and shall remain at that level until September 30, 1993 At least 120 days prior to October 1, 1993, Corinth shall make its written request for demand for the period of time from October 1, 1993 to May 31, 1994, but the requested demand shall not be less than 750,000 gallons per day (0 75 MGD) The demand as requested by Corinth for the per~od of t~me from October 1, 1993 to May 31, 1994, shall establish the demand Denton will make avallable to Corinth for water year 1994 and each water year thereafter 32 Paragraph 4 4 is amended to read as follows 4 4 Corinth shall pay the demand charge established by ordinance on the specified demand in accordance wlth the following schedule Demand June 1, 1991, to September 30, 1992 1 25 MGD October 1, 1992, to September 30, 1993 1 00 MGD October 1, 1993, to May 31, 1994 As requested Beginning with the 1994 water year (June 1, 1994, to May 31, 1995), the demand charge for that water year and all subsequent water years shall be based on the demand requested for the period of time from October 1, 1993, to May 31, 1994 3 Paragraph 4 6 is amended to read as follows 4 6 If Denton falls to make available the requested demand that applies to a water year during the perlod of time from June i to September 30 for thirty (30) or more consecutive days, the adjusted annual demand charge for that water year shall be calculated by using the maximum rate of delivery for such days divided by the requested demand, times the current annual demand charge 4 This amendment shall take effect on ~~~_, 1992 Signed ~~~,~, 1992 CITY OF DENTON JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON PAGE 2 APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY CITY OF DENTON TOWN OF CORINTH, TEXAS SHIRLEY SPE~.LER~Ei~G, MAYOR / ATTEST CITY SECI~ARY, TOWN O~ CORINTH, TEXAS 109121C ~AGE 3