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1991-097g wpdocs\1190030 ORDINANCE NO -0 9 2 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE PROVIDING FOR INTERIM WASTEWATER DISPOSAL SER- VICES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute the third Interim Wastewater Disposal Contract between the City of Denton and the City of Argyle, the original of which is attached hereto SECTION II That this ordinance shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this the day of 1991 CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVE AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY 0'9%i THIRD INTERIM WASTEWATER DISPOSAL CONTRACT BETWEEN N4~ THE CITY OF DENTON AND THE CITY OF ARGYLE, TEXAS WHEREAS, the City of Denton ("Denton") and the City of Argyle ("Argyle") previously entered into an interim agreement to provide wastewater services for the Argyle Independent School District (AISD) until Argyle can arrange for permanent wastewater treatment services with the Upper Trinity Regional Water District, and WHEREAS, the previous interim agreement has expired and Argyle has requested that Denton continue to provide interim wastewater services until January 1, 1992, and WHEREAS, Denton and Argyle are authorized to make and enter into this Contract under Article 4413-(32c), V A T C S , Now, Therefore, Denton and Argyle agree as follows I Wastewater Services Provided by Denton A Denton agrees to receive and treat at Denton's Pecan Creek Water Reclamation Plant located at 1100 Mayhill Road, Denton, Texas, the wastewater generated from AISD's educational facility located at 800 Eagle Drive, Argyle, Texas ("AISD Wastewater") B As between Denton and Argyle, Argyle shall be solely responsible for the transportation of AISD Wastewater to Denton's Pecan Creek Water Reclamation Plant AISD Wastewater shall be delivered to a discharge point or points at Denton's Plant as specified by Denton at the time of delivery Argyle shall cause AISD Wastewater to be delivered to Denton during normal business hours (8 00 A M and 5 00 P M Monday through Friday, excluding holidays) Any deliveries made outside of the times specified herein must be approved in advance by Denton C Argyle shall insure that AISD Wastewater shall be transported by a person or firm properly equipped and trained in wastewater transportation Argyle shall insure that each time AISD Wastewater is loaded at the AISD facility for delivery to Denton, the delivery vehicle contains no other waste materials or liquids from any other source AISD Wastewater shall be delivered directly to Denton's Reclamation Plant without receiving any wastewater or other waste materials or liquids from any other source A "Liquid Waste Transportation Trip Ticket", attached hereto as Exhibit "A", shall be completed by AISD and the AISD Wastewater transporter at the time of loading and supplied to Denton with each delivery of AISD Wastewater Denton may refuse to receive any delivery of AISD Wastewater which it determines, in its sole discretion, contains any hazardous metals or toxic substances, as defined by Denton's ordinances, as amended II Billing and Payment for Services A Denton shall bill Argyle each month and Argyle shall pay Denton within thirty (30) days after receipt of the bill for the wastewater treatment services provided herein the total sum of the following rates and charges (1) A Facility Charge of $50 00, (2) A Wastewater Treatment Charge determined as follows Capacity of Vehicle x Number of Deliveries x $1 95, 1000 (3) A Laboratory Analysis Charge of $120 00, (4) A Surcharge Treatment Fee of $0 000743 for each milligram per liter (mg/1) of biochemical oxygen demand (BOD), and $0 000751 for each milligram per liter (mg/1) of total suspended solids (TS) in excess of 250 milligrams per liter (mg/1), as the terms "BOD" and "TS" are defined by Denton's ordinances, as amended, and, (5) An Overtime Charge of $15 00 per delivery for any delivery of AISD Wastewater outside normal business hours as provided in this Agreement, if any B The Wastewater Treatment Charge provided for above shall be based on the capacity of the transporting vehicle at the time of delivery and discharge, without regard to the actual amount of AISD Wastewater delivered or treated III Term and Termination A This Agreement shall terminate on January 1, 1992 B In the event that Argyle fails to comply with any terms or condition pertaining to this Agreement, Denton shall give Argyle notice of said breach Should Argyle fail to correct the breach within fifteen (15) days following receipt of said notice, then Denton shall have the right to terminate this Agreement before January 1, 1992 PAGE 2 IV No Representation of Continued Service The intent of this Agreement is to provide for interim wastewater treatment services for Argyle until January 1, 1992, to allow Argyle sufficient time to arrange for permanent wastewater treatment services by contracting with the Upper Trinity Regional Water District In turn, Denton will exercise due diligence in negotiating a contract for wholesale wastewater treatment services with the Upper Trinity Regional Water District Argyle and Denton agree that it is not the intention or representation of either party to the other that by the making of this Agreement Denton would provide to Argyle or that Argyle would receive from Denton wastewater services in any manner beyond the term of this Agreement This contract is for the sole benefit of Argyle and Denton, and no other party, including Argyle, shall be considered to have any present or future right or obligation under this Agreement V Indemnification Argyle agrees to and shall indemnify and hold harmless Denton, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the performance of this contract regardless of whether such injuries, death, or damages, are caused in whole or in part by the negligence of Denton IN WITNESS WHEREOF, Denton and Argyle, acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original ,,-~/n EXECUTED this day of 1991 CITY OF DENTON, TEXAS BY BOB CASTLEBERRY, MA PAGE 3 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA DRAYOVITCH, CITY ATTORNEY c BY ATTEST SARAH E STONE, CITY SECRETARY F ~ 119003k CITY OF ARGYLE, TEXAS BY PAGE 4 ORDINANCE NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE PROVIDING FOR INTERIM WASTEWATER DISPOSAL SERVICES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute the Second Interim Wastewater Disposal Contract between the City of Denton and The City of Argyle, the original of which is attached hereto SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this theO day of Ak-, 1990 ATTEST- JENNIFER WALTERS, CITY SECRETARY BY gj APPR ED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY 11900 61 rd SECOND INTERIM WASTEWATER DISPOSAL CONTRACT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE, TEXAS WHEREAS, the City of Denton ("Denton") and the City of Argyle ("Argyle") previously entered into an interim agreement to provide wastewater services for the Argyle Independent School District (AISD) until Argyle can arrange for permanent wastewater treatment services with the Upper Trinity Regional Water District, and WHEREAS, the original interim agreement has expired and Argyle has requested that Denton continue to provide interim wastewater services until June 1, 1991, and WHEREAS, Denton and Argyle are authorized to make and enter into this Contract under Article 4413-(32c), V A T C S , Now, Therefore, Denton and Argyle agree as follows Wastewater Services Provided by Denton A Denton agrees to receive and treat at Denton's Pecan Creek Water Reclamation Plant located at 1100 Mayhill Road, Denton, Texas, the wastewater generated from AISD's educational facility located at 800 Eagle Drive, Argyle, Texas ("AISD Wastewater") B As between Denton and Argyle, Argyle shall be solely responsible for the transportation of AISD Wastewater to Denton's Pecan Creek Water Reclamation Plant AISD Wastewater shall be delivered to a discharge point or points at Denton's Plant as specified by Denton at the time of delivery Argyle shall cause AISD Wastewater to be delivered to Denton during normal business hours (8 00 A M and 5 00 P M Monday through Friday, excluding holidays) Any deliveries made outside of the times specified herein must be approved in advance by Denton C Argyle shall insure that AISD Wastewater shall be transported by a person or firm properly equipped and trained in wastewater transportation Argyle shall insure that each time AISD Wastewater is loaded at the AISD facility for delivery to Denton, the delivery vehicle contains no other waste materials or liquids from any other source AISD Wastewater shall be delivered directly to Denton's Reclamation Plant without receiving any wastewater or other waste materials or liquids from any other source A "Liquid Waste Transportation Trip Ticket", attached hereto as Exhibit "A", shall be completed by AISD and the AISD Wastewater transporter at the time of loading and supplied to Denton with each delivery of AISD Wastewater Denton may refuse to receive any delivery of AISD Wastewater which it determines, in its sole discretion, contains any hazardous metals or toxic substances, as defined by Denton's ordinances, as amended II Billing and Payment for Services A Denton shall bill Argyle each month and Argyle shall pay Denton within thirty (30) days after receipt of the bill for the wastewater treatment services provided herein the total sum of the following rates and charges (1) A Facility Charge of $50 00, (2) A Wastewater Treatment Charge determined as follows CaRacity of Vehicle x Number of Deliveries 1000 x $1 95, (3) A Laboratory Analysis Charge of $120 00, (4) A Surcharge Treatment Fee of $0 000743 for each milligram per liter (mg/1) of biochemical oxygen demand (BOD), and $0 000751 for each milligram per liter (mg/1) of total suspended solids (TS) in excess of 250 milligrams per liter (mg/1), as the terms "BOD" and "TS" are defined by Denton's ordinances, as amended, and, (5) An Overtime Charge of $15 00 per delivery for any delivery of AISD Wastewater outside normal business hours as provided in this Agreement, if any B The Wastewater Treatment Charge provided for above shall be based on the capacity of the transporting vehicle at the time of delivery and discharge, without regard to the actual amount of AISD Wastewater delivered or treated III Term and Termination A This Agreement shall terminate on June 30, 1991 B In the event that Argyle fails to comply with any terms or condition pertaining to this Agreement, Denton shall give Argyle notice of said breach Should Argyle fail to correct the breach within fifteen (15) days following receipt of said notice, then Denton shall have the right to terminate this Agreement before June 1, 1991 PAGE 2 11 / IV No Representation of continued Service The intent of this Agreement is to provide for interim wastewater treatment services for Argyle until June 1, 1991, to allow Argyle sufficient time to arrange for permanent wastewater treatment services by contracting with the Upper Trinity Regional Water District In turn, Denton will exercise due diligence in negotiating a contract for wholesale wastewater treatment services with the Upper Trinity Regional Water District Argyle and Denton agree that it is not the intention or representation of either party to the other that by the making of this Agreement Denton would provide to Argyle or that Argyle would receive from Denton wastewater services in any manner beyond the term of this Agreement This contract is for the sole benefit of Argyle and Denton, and no other party, including Argyle, shall be considered to have any present or future right or obligation under this Agreement V Indemnification Argyle agrees to and shall indemnify and hold harmless Denton, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the performance of this contract regardless of whether such injuries, death, or damages, are caused in whole or in part by the negligence of Denton IN WITNESS WHEREOF, Denton and Argyle, acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original EXECUTED this day of , 1990 CITY OF DENTON, TEXAS BY CASTLEBERRY, MA PAGE 3 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA DRAYOVITCH, CITY ATTORNEY BY CITY OF ARGYLE, TEXAS BY N RM THOM S, MAYOR ATTEST KANDI WATERSTREET, CITY SECRETARY t W--a'e' A 7~ 74--e-, ARAN E S E, CITY SECRETARY 119003-11/7/90