1990-187ORDINANCE NO. //:4~?
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 thep /day of 1990.
BOB CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
11900 Ord
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:
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 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
it 1991.
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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:
PAGE 3
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA DRAYOVITCH, CITY ATTORNEY
BY:
CITY OF ARGYLE, TEXAS
Z.,
BY:
N RM THO S, MAYOR
ATTEST:
KANDI WATERSTREET, CITY SECRETARY
ARAH E. S E, CITY SECRETARY
119003-11/7/90