1990-186NOTE: Amended by Ordinance No. 2000-011.
ORDINANCE NO. *-196
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE UPPER TRINITY REGIONAL WATER DISTRICT PROVIDING FOR INTERIM
WASTEWATER TREATMENT 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
Agreement for Interim Wastewater Treatment Services between the
City of Denton and the Upper Trinity Regional Water District, 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 the /gd/day of , 1990.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: A-1 14 f%%IIA A
0
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: - WV~"1
x
119026 0
INTERIM WASTEWATER TREATMENT SERVICES CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND
THE UPPER TRINITY REGIONAL WATER DISTRICT
This Agreement is made between the Upper Trinity Regional
Water District (the District), a conservation and reclamation
district created pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas, and the City of Denton
(Denton), a municipal corporation of the State of Texas.
Recitals
The District proposes to develop a regional wastewater system
in the Denton County area and proposes to enter into contracts with
entities (Participating Members) to provide regional wastewater
services to those entities. Denton owns and operates a wastewater
collection, treatment, and disposal system in Denton County, Texas,
and the District desires to utilize the excess capacity of the
Denton system for the collection, treatment, and disposal of the
Members' wastewater.
The "Denton County Water and Wastewater Study-Regional Master
Plan for the Year 201011, recommends that certain portions of Denton
County be provided regional wholesale wastewater service through
the Denton wastewater system. Denton has agreed to provide waste-
water services for the District on an interim basis, with the
expectation and on the condition that the District will in the
future enter into another contract with Denton to provide for the
joint planning, funding, and ownership of additional wastewater
collection and treatment facilities to serve the future wastewater
requirements of both the District and Denton.
Agreement
In consideration of the recitals and the mutual promises of
each, the District and Denton agree as follows:
ARTICLE I
GENERAL
1.1. Definitions.
"Major Industrial/Commercial User" shall mean any user of a
Participating Member's wastewater system that:
(a) discharges 50,000 gallons or more of wastewater per
average work day;
(b) is regulated by the Categorical Pretreatment Stan-
dards; or
(c) is found by Denton to discharge wastewater which can
cause deterioration of the sewer system facilities or
is detrimental to the biological process of the
treatment plant.
"Participating Member" or "Member" shall mean any entity that
contracts with the District to provide wastewater treatment and
disposal services, all or part of which are to be provided by
Denton under this Agreement.
PAGE 2
"Pretreatment Service Program" means:
(1) Wastewater treatment by a major industrial/ commercial
user before it is discharged into a public sewage system
when necessary to comply with Federal or State laws or
regulations;
(2) The monitoring, testing, and inspection of a user's
wastewater discharges to insure the discharges do not
violate Federal, State, or local laws or regulations
regarding wastewater discharges or cause Denton to be in
violation of any required wastewater, operating, treat-
ment, or discharge permits; and
(3) Ordinances, rules, or regulations imposed by a Member
with lawful regulatory authority over all persons
discharging wastewater into a Member's system, that
provide penalties, remedies, or other enforcement
mechanisms to insure compliance with state and federal
laws and regulations regarding wastewater discharges.
"Point of Entry" means the location or locations where
wastewater from the District is delivered to the Denton system, as
shown in Exhibit B.
"Service Area" means the land area served with wastewater
collection facilities by any Participating Member of the District
whose wastewater is to be received by Denton under this Agreement.
"SUO" or "Sewer Use Ordinance" means Ordinance No. 82-39, as
enacted by the City Council of Denton, as amended, and codified as
Article VIII of Chapter 25 of Denton's Code of Ordinances,
PAGE 3
providing for the regulation of wastewater discharges into the
Denton system.
"Wastewater System" or "System" means any property, equipment,
or facilities used for receiving, transporting, treating or
disposing of wastewater.
1.2. Exhibits. All exhibits attached to this Agreement are
true and correct copies of the originals and are incorporated
herein for all purposes.
ARTICLE II
WASTEWATER SERVICES TO BE PROVIDED
2.1. General. The District shall deliver and discharge
wastewater into the Denton wastewater system and Denton shall
transport, treat, and dispose of the wastewater received from the
District, in accordance with this Agreement.
2.2. Prior Member Approval. The District shall not allow or
cause wastewater from a Participating Member to be discharged into
the Denton system without first obtaining the written approval from
the Executive Director of Utilities. The Director's approval shall
be given if, in the judgment of the Director, the discharge of the
Member's wastewater into the Denton System would not violate any
provision of this Agreement. The Director's written approval shall
be limited to the cities of Corinth, Argyle, Corral City, Hickory
Creek and Krum, which are or may become Participating Members of
the District.
PAGE 4
2.3. Maximum Daily Flow Specified for Each Service Year.
(a) The maximum amount of wastewater to be treated by
Denton under this Agreement shall be established for each Service
Year based on maximum daily flow, in gallons per day. A Service
Year shall be the period of time from October 1 to September 30,
except for the first Service Year, which shall be the time from the
date wastewater service begins to the next September 30. The daily
flow shall be measured at the location or locations where the
wastewater is metered.
(b) For the first Service Year the District may discharge
wastewater into the Denton system at a maximum daily flow of 300
gallons per day. The estimated average daily flow for the first
service year is 10,000 gals. Not less than 120 days prior to the
beginning of the second Service Year and the beginning of each
successive Service Year thereafter, the District shall give written
notice to Denton of the District's requested maximum and average
daily flow for the following Service Year and the projected maximum
and average daily flow for each successive Service Year during the
term of this Contract.
(c) Each notice required to be given by the District of
its maximum and average daily flow requirements for each Service
Year shall be designated as Exhibit E, be signed by the authorized
agents of both parties, and attached hereto and be incorporated
herein by reference.
(d) Should the District fail to give timely notice of its
wastewater treatment requirements for any Service Year, the maximum
PAGE 5
daily flow for the succeeding Service Years shall be the same as
that established by the prior notice properly given.
(e) Denton, may, but shall not be obligated to receive or
treat any wastewater in excess of the maximum daily flow specified
by the District in its written notice for each Service Year.
Denton shall never be required to receive or treat more than
300,000 gallons of wastewater per day from the District except as
provided for in paragraph 2.5. The obligation of Denton to receive
and treat District wastewater shall also be subject to the
provisions of 2.4 regarding the use of excess capacity of the
Denton wastewater system.
2.4. Service Limited to Excess Capacity.
(a) The wastewater services provided by Denton to the
District shall be solely from the excess wastewater collection and
treatment capacity of the Denton system.
(b) As the wastewater collection and treatment demands of
the Denton system increase, Denton will be required to either make
use of the excess capacity being allocated to the District under
this Agreement, or construct additional wastewater treatment
facilities. However, Denton may not be able to afford to construct
sufficient wastewater facilities to meet the future wastewater
requirements of both Denton and the District unless the District
enters into a contract with Denton to provide for the joint
planning, funding, and ownership of additional wastewater
collection and treatment facilities.
PAGE 6
(c) This Agreement, therefore, contemplates that continued
performance of the collection and treatment of wastewater by Denton
for the District throughout the term of this Agreement is based
upon the expectation and condition that the parties will enter into
a separate contract to provide for the cost of additional waste-
water collection and treatment facilities to meet the future
wastewater needs of both parties.
(d) If, at any time during this Agreement, Denton
determines that it will need the excess wastewater collection or
treatment capacity allocated to the District to serve the
requirements of the Denton system or proposes to review or accept
engineering proposals for the construction of additional wastewater
treatment facilities, Denton shall give written notice to the
District.
(e) If, within one year after the date the written notice
is sent by Denton to the District, the parties fail to enter into
a separate contract for the planning, funding, and ownership of
additional wastewater treatment facilities as contemplated in this
Agreement, Denton may terminate this Agreement at any time after
two years from the date the notice was sent, by giving the District
a notice of termination at least one year prior to the termination
date specified in the notice of termination.
2.5. Districtfs Request for Increased Capacity.
(a) If, prior to the time Denton gives notice under
section 2.4, the District determines that it needs more capacity
than the maximum 300,000 gallons per day volume allowed under this
PAGE 7
Agreement, the District shall give Denton written notice specifying
the new maximum gallons per day limitation being requested.
(b) If, within one year after the date the written notice
is sent by the District to Denton, the parties fail to enter into
a separate contract for the planning, funding, and ownership of
additional wastewater treatment facilities as contemplated in this
Agreement or Denton fails to agree in writing to a new maximum
volume above 300,000 gallons per day as requested by the District,
the District may terminate this Agreement at any time after two
years from the date the notice was sent, by giving Denton notice of
termination at least one year prior to the termination date
specified in the notice of termination.
ARTICLE III
MASTER PLAN AND INVENTORY
3.1. Master Plans. The District shall provide Denton a written
wastewater master plan, prepared by a registered professional
engineer, for each Participating Member, containing the information
required in Exhibit A, before the wastewater of the Participating
Member is discharged into the Denton system.
3.2. Updates. An updated master plan for each Participating
Member shall be submitted to Denton within five years of the date
the Member begins wastewater discharges into the Denton system.
3.3. Annual Inventory. The District shall provide to Denton in
writing by February 1 of each year, as to each Participating
Member, the following:
PAGE 8
(a) The number of domestic users being served under this
Agreement;
(b) The number of industrial/ commercial users being served
under this Agreement; and
(c) The name and address of each major industrial/
commercial user being served under this Agreement.
ARTICLE IV
FACILITIES AND POINT OF ENTRY
4.1. District to Provide Facilities and Property. The District
shall provide all lines, lift stations, and associated facilities
and shall acquire all property interests, licenses, and permits
that are necessary to collect and transport wastewater from each
Participating Member to the Denton system.
4.2. Facilities Within Denton. Any lines and facilities
constructed by or for the District for the purposes of carrying out
this Agreement which are located within an area for which Denton
holds a certificate of public convenience and necessity to provide
sewer utility service shall comply with standards and
specifications approved by Denton. For those lines, Denton may
require that the lines or portions thereof be oversized pursuant to
a separate participation agreement with the District, if Denton
agrees to pay for the increased cost of the oversizing. Denton
shall have the right to approve the location of any oversized
lines. Upon completion of an oversized line and payment by Denton
of its participating share, the District shall transfer to Denton
PAGE 9
ownership of the oversized line and associated easements and
property interests.
4.3. District to Convey to Point of Entry. It shall be the
sole responsibility of the District to convey and deliver the
wastewater from each Participating Member to the Point or Points of
Entry approved by Denton and designated in Exhibit B. A Point of
Entry may be changed, or additional Points of Entry added upon the
approval of Denton, which shall be indicated by amendment of
Exhibit B, signed by the agents of the both parties. The District
shall pay for any change in the location of a Point of Entry, if
the change was requested by the District.
4.4. Control Manholes. The District shall construct, install,
and maintain for each Point of Entry a control manhole to allow
Denton to monitor the wastewater received from the District. The
control manholes shall be located and constructed in accordance
with specifications approved by Denton, so as to allow Denton to
have unrestricted access at all reasonable times. Upon completion,
the control manholes shall become the property of Denton and shall
be maintained and repaired by Denton.
ARTICLE V
METERING
5.1. Installation. The District agrees to furnish and install
or cause to be furnished and installed at its own expense at each
Point of Entry, the necessary equipment and devices, as approved by
Denton, for measuring all wastewater to be discharged by the
PAGE 10
District into Denton's system. Denton may approve alternative
metering locations if metering facilities cannot be located at each
point of entry because of engineering applications.
5.2. Ownership. All the wastewater meters and associated
equipment shall become and remain the property of Denton upon
installation and acceptance by Denton and shall thereafter be
operated, maintained, and repaired by Denton.
5.3. Inspection and Reading. The District shall have access to
the metering equipment at all reasonable times for inspection, but
the reading, calibration, and adjustment shall be done only be
employees of Denton. If a District inspection determines that a
meter is not functioning properly, it shall notify Denton within 48
hours of the determination.
5.4. Calibration. Denton shall calibrate each meter a minimum
of twice a year unless requested in writing by the District to
calibrate more frequently. If the District requests Denton to
calibrate a Point of Entry meter more often than twice a year and
Denton finds the percentage of inaccuracy to be five percent or
less, the District agrees to pay for the cost of the calibration.
ARTICLE VI
REGULATION OF WASTEWATER CHARACTERISTICS
6.1. Denton's Sewer Use ordinance. Denton must receive,
treat, and discharge wastewater in accordance with Federal and
State laws and applicable regulations imposed by Federal and State
agencies. To insure compliance with these laws and regulations,
PAGE 11
Denton has enacted a Sewer Use Ordinance or "SUO," a copy of which
is attached hereto as Exhibit C. To properly regulate the
wastewater discharges received by Denton from the District, the
following provisions of the SUO shall apply to this Agreement:
Sec. 25-132. Definitions.
Sec. 25-133. Administration.
Sec. 25-136. Determining the Character and Concentration
of Wastewater.
Sec. 25-160. Discharge Prohibitions.
Sec. 25-161. Hazardous Metals or Toxic Substances.
Sec. 25-162. Discharge of Waters Not Containing Sewage.
6.2. Application and Interpretation of SUO Provisions. The
provisions of the SUO applied to this Agreement shall be inter-
preted to apply as follows:
(a) A "prohibited" or "unlawful" wastewater discharge
shall mean that the District is contractually pro-
hibited from making such a discharge into the Denton
system.
(b) Any provision which relates to or requires a discharge
permit, shall be interpreted to apply to the District
and its discharges without regard to a permit.
(c) "Major Industrial/Commercial User" as defined in
section 25-132, shall have the meaning as defined in
this Agreement.
PAGE 12
6.3 Amendments to SUO.
(a) The parties recognize that federal and state laws and
regulations concerning wastewater treatment and discharges may
periodically change during the term of this Agreement, requiring
revisions in the SUO. It is the intent of this Agreement that the
SUO be reviewed periodically by Denton and revised in accordance
with the latest laws and regulations of federal and state agencies
having jurisdiction over wastewater treatment and discharges.
(b) Denton shall give written notice to the District at
least 90 days prior to the effective date of any amendment of the
SUO that amends a provision of the SUO that applies to this
Agreement or that adds a new provision to the SUO that Denton is
required to apply to wastewater received by Denton under this
Agreement. The District shall be responsible for giving notice of
the proposed amendment to any of its Participating Members affected
by the amendment. Upon the effective date of the amendment to the
SUO, it shall be considered an amendment to this Agreement and
shall be attached to Exhibit C, showing the amendment made.
Failure of Denton to give the notice required herein shall not,
however, relieve the District or any Participating Member from the
responsibility of complying with the amendment as of the date it
becomes effective.
6.4. Members Pretreatment Service Program.
(a) The parties recognize and acknowledge that for Denton
to properly treat and dispose of the wastewater received under this
Agreement, it will be necessary for Participating members discharg-
PAGE 13
ing wastewater from major industrial/commercial users into the
Denton system to have an established pretreatment service program
to satisfy the requirements of State and Federal laws and
regulations and the requirements and conditions of Denton's
wastewater permits.
(b) The Executive Director of Utilities shall not give the
written approval required by this Agreement to serve a Partici-
pating Member if the Member has any major industrial/ commercial
customer which requires wastewater pretreatment until the Member
has established a satisfactory pretreatment service program.
(c) Participating Member may establish its own pretreat-
ment service program or contract with another party to provide for
all or part of the required program for the Member. If the Member
establishes its own program, it must be approved by the Environ-
mental Protection Agency, or its successor agency. If all or part
of a pretreatment service program is to be provided to the Partici-
pating Member by an entity other than Denton, the pretreatment ser-
vice program must be approved by Denton as a condition to beginning
and continuing the discharge of any wastewater into any system that
will be received by the Denton system.
(d) If requested by the District, Denton will contract
with the District to develop and administer pretreatment service
for any Participating Member.
6.5. Notice of Violation. The Executive Director of Utilities
shall send written notice to the District if he determines that a
Member is failing to provide a satisfactory pretreatment program or
PAGE 14
a discharge by the District is in violation of the SUO or this
Agreement. The notice shall contain the following:
(1) the nature and description of the violation;
(2) the provision of the SUO or of this Agreement
violated;
(3) the corrective action that must be taken; and
(4) the time in which the corrective action must be taken.
Denton and the District shall cooperate to determine the source
of any wastewater discharge violation and agree to cooperate in
remedying the violation, but the District shall be responsible for
insuring that the violation is properly and timely corrected. The
District's failure to have the violation corrected in the time
specified shall be a breach of this Agreement for which Denton may
terminate this Agreement. The District agrees to pay Denton the
costs Denton incurs in the investigation of any wastewater
discharge violation.
ARTICLE VII
RATES AND BILLING
7.1. Applicable Rate. The District shall pay Denton for the
metered wastewater received by the Denton system at the rate
established by the applicable Rate Schedule approved by ordinance
of the City Council of Denton. The initial Rate Schedule is shown
in Exhibit D. The rate charged the District shall always be just
and reasonable, without unlawful discrimination, and consistent in
application to the class and type of service provided the District
PAGE 15
under this Contract. The rate charged the District shall be
developed in accordance with the methodology accepted by the Texas
Water Commission and shall include the cost of operation and
maintenance, depreciation, a return on the applicable rate base
equal to the interest on outstanding wastewater system revenue
bonds, plus one and a half percent interest (1.5%), and other
reasonable expenses. The District shall have access to all data
used to calculate the rate charged and the District may review and
comment on any proposed rate changes.
7.2. Amendment of Rate. The rate charged the District shall
increase or decrease in accordance with any amendment to the Rate
Schedule applicable to the District, as approved by ordinance of
the City Council of Denton. At least ninety (90) days prior to the
effective date of any proposed amendment of the rate charged to
District, Denton shall send written notice of the proposed rate
amendment to the District. If Denton fails to give written notice
at least ninety (90) days prior to the effective date of the
amended rate, the amended rate shall become effective, as it
applies to the District, on the ninety-first (91) day after the
written notice is sent. Upon amendment of the applicable Rate
Schedule, Exhibit D shall be amended by attaching a copy of the
amended Rate Schedule.
7.3 Billing and Payment.
(a) Denton shall bill and the District shall pay for the
wastewater services provided for in this Contract, in accordance
with the procedures and requirements of the applicable Rate
PAGE 16
Schedule and ordinances of Denton, except as otherwise provided in
this Agreement.
(b) Denton shall bill the District monthly for the ser-
vices provided and the District shall pay the bill within thirty
days of the date of mailing.
(c) If the District disputes the amount of any bill, it
shall still pay the bill. If the parties agree or a court decides
that the District was incorrectly billed, Denton shall credit that
amount to the District on the next monthly bill or bills.
7.4 corrections in Billing.
(a) If a meter completely fails or the percentage of
inaccuracy of any meter is in excess of five percent, the amount
billed to the District shall be corrected for a period of time
extending back to the time when the failure or inaccuracy began, if
known, but if not, then for a period extending back to the date of
the last calibration or six (6) months, whichever is less.
(b) In the case where a meter is determined to be reading
inaccurately by more than five percent, a correction to the billing
shall be made as follows:
(1) Take the number of gallons measured by the meter
since the last calibration or six months, whichever is
less;
(2) Multiply that amount by the percentage of
inaccuracy to obtain the total number of gallons not
properly registered;
PAGE 17
(3) Multiply the gallons by the applicable rate at the
time of the inaccuracy to get the amount to be debited
or credited, as appropriate.
(c) In the case where a meter completely fails, a
correction shall be made by using the average of the gallons of
wastewater billed for the prior three months, or some other
mutually agreeable method, to obtain a daily average, which shall
be applied to the days for which the meter was not working.
(d) Any adjustments in billing provided in this section,
whether a credit or debit, may be satisfied immediately or made in
equal installments over the time equal to the time for which the
failure or inaccuracy was calculated.
ARTICLE VIII
MISCELLANEOUS
8.1. Term. This Agreement shall become effective beginning on
1990, and terminate on December 31, 1999.
8.2. Notices. Any notice required under this Agreement shall
be in writing and sent by certified mail, return receipt requested,
postage prepaid and addressed as follows:
Notice to Denton: Notice to the District:
Executive Director of Utilities General Manager
Utilities Administration Upper Trinity Regional Water
215 E. McKinney Street District
Denton, Tx 76201 P.O. Drawer 305
396 W. Main, Suite #102
Lewisville, Tx 75067
PAGE 18
8.3. Termination.
(a) Remedies Upon Default. This Agreement is not intended
to specify an exclusive remedy for any default, but all such other
remedies (other than termination) existing at law or in equity may
be availed of by either party and shall be cumulative.
Recognizing, however, that the failure of either party to perform
cannot be adequately compensated in money damages alone, both
parties agree that in the event of any default on its part, the
other shall have available to it the equitable remedy of mandamus
and specific performance in addition to any other legal or
equitable remedies (other than termination) which may be available.
The remedy of termination for default precluded by this paragraph
does not include and does not prohibit Denton from terminating this
Agreement in accordance with section 2.4, or for failure to remedy
a violation under section 6.4 or 6.5, or for the failure of the
District to pay for the services received.
Should the District default in the performance of any provision
for which Denton is entitled to terminate this Contract, Denton
shall give written notice to the District of the provision
breached. For failure to pay for services rendered in accordance
with this Agreement, Denton may terminate this Agreement thirty
(30) days following the date notice of nonpayment is sent unless
payment is made by the District within that time. For other
violations for which termination is authorized, Denton may
terminate this Contract after sixty (60) days following the date
the notice was sent, unless the District shall perform the
PAGE 19
conditions or obligations specified in the notice within the sixty
(60) day period.
(b) No Waiver. The failure of either party to exercise any
right of termination or their failure to seek enforcement or
performance of any provision at any time, shall not be construed to
be a waiver of the performance of any provision, or the waiver of
the right of either party to exercise its right of termination, or
to seek enforcement or performance of any provision of this
Contract.
(c) Payments Due. The termination of this Contract shall
not release the District from its obligation to make payments for
services rendered under this Contract prior to the date of
termination.
8.4 Force Majeure.
(a) If by reason of "force majeure", either party is
unable to perform any obligation of this Contract, it shall give
notice of the force majeure to the other party in writing within
ten days of the occurrence relied upon. The obligation of the
party giving the notice, to the extent and for the period of time
affected by the force majeure, shall be suspended. The party
giving notice shall endeavor to remove or overcome the inability
with all reasonable effort. In no case, however, shall the
District's obligation to make payments for wastewater already
delivered to Denton be suspended.
(b) "Force Majeure" shall mean acts of God, landslides,
lightning, earthquakes, hurricanes, storms, floods, or other
PAGE 20
natural occurrences; strikes, lockouts, insurrections, riots, wars,
or other civil or industrial disturbances; orders of any kind of
the Federal or State government or of any civil or military
authority; explosions, fires, breakage or accidents to machinery,
lines, or equipment, or the failure of the system or water supply
system; or any other cause not reasonably within the control of the
party claiming the disability.
8.5. Liability and Indemnification.
(a) Liability for damages arising from the reception,
transportation, delivery and disposal of all wastewater covered by
this Contract shall, as between the parties, remain with the
District until delivered into the Denton system at the Point of
Entry.
(b) The District agrees to hold harmless and defend
Denton, its officers and employees, from any claims for injuries,
damages or losses that arise from any act, omission or negligence
of the District, its officers or employees, arising from the
performance of this Agreement. Denton agrees to hold harmless and
defend the District, its officers and employees, from any claims
for injuries, damages or losses that arise from any act, omission
or negligence of Denton, its officers or employees, arising from
the performance of this Agreement.
8.6. Subject to Laws and Regulations. The Agreement is made
and shall be subject to the laws of the United States and the State
of Texas and all applicable regulations or rules of any regulatory
PAGE 21
authority having jurisdiction of the subject matter of this
Agreement.
8.7. Severability. If any provision of this Contract is by any
court held to be illegal or in conflict with any law or regulation,
the validity of the remaining provisions of this Contract shall not
be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Contract did not contain the
particular provision held to be invalid.
8.8. Assignment. Neither party shall assign nor transfer in
whole or in part the rights and privileges granted in this Contract
without first obtaining the written consent of the other.
8.9. Entire Agreement. This Contract embodies the whole agree-
ment of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein. This Contract shall
supersede all previous communications, representations, or agree-
ments, either verbal or written, between the parties, and all
modifications of this Contract shall be in writing and approved by
both parties.
8.10. Headings. All headings in this Contract are used for
convenience only and are not intended to define or to limit the
scope of any provision.
The parties' authorized officers have executed this Agreement
in multiple originals as of the date given above.
Signed this the jO) day of Q 1990.
BO Ar"TLEBERRY, MAYOR
PAGE 22
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ L"M
APPRO AS T LEGAL FORM:
DEBRA A AMI DRAYOVITCH, CITY ATTORNEY
r
BY:
UPPER TRINITY REGIONAL WATER
DISTRICT
BY : i
PR S DENT
BOARD OF DIRECTORS
ATTEST:
SECRETARY, BOARD OF DIREC S
APPROVED AS TO LEGAL FORM:
ATTORNEY FOR THE TRICT
EXHIBIT LIS`
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
C
A,
B,
C,
D,
E,
Master
Points
Denton
Curren
Annual
Plan Information
of Entry
Sewer Use Ordinance
t Rate Schedule
Wastewater Requirements
K\29060\11\02\90
PAGE 23
EXHIBIT A
WASTEWATER MASTER PLAN INFORMATION
A. Existing and Future System
1. Written Description of Present System
a. Past Experience
b. Demands
C. Collection System
d. Type of Treatment
e. Future Improvements
f. Goals
2. Map of System
a. Entity's Owned Facilities
b. Contracted Wastewater Disposal Facilities
C. Sewer Mains
d. Effluent Location
3. Flow Data
a. Peak Flow
b. Average Daily Flow
4. Treatment
a. Entity's Owned Facilities
b. Contracted Wastewater Disposal Facilities
c. Type of Treatment
d. Type of Discharge Permit
2978L
EXHIBIT B
POINT OF ENTRY
DENION WASTEWATER TREATMM CONIRACT
444
Exhibit C
NO. Rat 39
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, 1966, AS AMENDED, BY DELETING THEREFROM DIVISION
1 OF ARTICLE III "SANITARY SEWERS" OF CHAPTER 25, SECTIONS 25-35
THROUGH AND INCLUDING SECTION 25-48, BY ADDING A NEW ARTICLE
VIII TO CHAPTER 25, PROVIDING FOR REGULATION AND USE OF AND
DISCHARGE INTO SANITARY SEWERS; PROVIDING FOR PERMITS AND FEES
FOR CERTAIN DISCHARGES; PROVIDING FOR CERTAIN USER CHARGES;
PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS
($200.00) FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
PART I.
That the Code of Ordinances of the City of Denton, Texas, as
amended, 1966, is further amended by deleting therefrom Division
1 of Article III "Sanitary Sewers" of Chapter 25, Sections 25-35
through' and including Section 25-48.
PART II.
That Chapter 25 of the Code of Ordinances of the City of
Denton, Texas, 1966, as amended, is further amended by adding
thereto a new Article VIII, Section 25-130 through and includinq
Section 25-180 which shall read as follows:
ARTICLE VIII.
REGULATION OF DIRECT AND INDIRECT DISCHARGE
INTO SANITARY SEWAGE SYSTEM.
DIVISION 1
GENERAL PROVISIONS
SECTION 25-130. PURPOSE
The purpose of this Article is to regulate and control
wastewater disposal facilities and practices within the City so
as to protect the health, welfare and property of its citizens
and to insure that all wastewater disposal facilities and
practices are in compliance with state and federal laws, rules
and regulations.
SECTION 25-131. SCOPE
This Article shall apply to the direct or indirect discharqe
of all water-carried wastes in the City of Denton and shall,
PAGE
445
among other things provide for the regulation of sewer
construction in areas within the Jurisdiction of the City of
Denton, the- approval of plans for sewer construction, the
quantity and quality of wastewater discharged, the degree of
wastewater pretreatment required, the issuance of
Industrial/Commercial Wastewater Discharge Permits and of other
miscellaneous permits.
SECTION 25-132. DEFINITIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this Article shall be as follows:
1. "ABNORMAL STRENGTH WASTEWATER" shall mean any
wastewater having a suspended solid, BOD, COD
chlorine demand or total phosphate concentration
in excess of that found in normal strength
wastewater.
2. "ACT" shall mean Public Law 92-500, as amended, as
enacted by the United States Congress and known as
the Federal Water Pollution Control Act or Clean
Water Act.
3. "BOD" (denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days at
200C, expressed in milligrams per liter.
4. "BUILDING" is any structure used or intended for
supporting or sheltering any use or occupancy.
5. "BUILDING DRAIN" is that part of the piping of a
building drainage system which receives the
discharge of all soil, waste, and other drainage
from inside the structure and conveys the same to
the building service line outside the foundation
wall of such building.
6. "CATEGORICAL PRETREATMENT STANDARD" shall mean
wastewater discharge limits applicable to a
specific category of major commercial/industrial
users as promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act.
7. "CHLORINE DEMAND" shall mean the difference
between the amount of chlorine added to water,
wastewater or industrial wastes and the amount of
residual chlorine remaining at the end of a twenty
(20) minute contact period.
8. "COD" (denoting Chemical Oxygen Demand) shall mean
the measure of the oxygen equivalent of that
portion of the organic matter in a sample that is
susceptible to oxidation by a strong chemical
oxidant.
9. "COMMITTEE" shall mean the Environmental Appeals
Committee.
PAGE
446
10. "COMPOSITE SAMPLE" shall mean a mixture of grab
samples collected at the same sampling point at
different times.
11. "CONTROL MANHOLE" shall mean an opening giving
access to a service line at some point before the
service line discharges to the sewage system.
12. "COOLING WATER" shall mean the water discharged
from any system of condensation such as air
conditioning, cooling or refrigeration.
13. "DIRECT DISCHARGE" shall mean the conveyance of
wastewater from a service line uninterrupted to a
City public sewer.
14. "DIRECTOR OF UTILITIES" shall mean the Chief
Executive Officer of the Utility Department of the
City of Denton or his authorized deputy, agent or
representative.
15. "DOMESTIC USER" shall mean any user who is not an
Industrial User or Commercial User.
16. "DRY CLOSET" is an indoor room or an outdoor privy
used as a toilet but lacking water for conveyance
of waste.
17. "EPA" shall mean the United States Environmental
Protection Agency or its successor agencies.
18. "FLOW RATE" shall mean the quantity of wastewater
that flows past a particular point in a certain
period of time.
19. "GRAB SAMPLE" shall mean a sample collected at a
particular time and place, representing only the
composition of the source at that time and place.
20. "INDIRECT DISCHARGE" shall mean the conveyance of
wastewater to a public sewer by any means other
than direct discharge.
21. "INDUSTRIAL/COMMERCIAL USER" shall mean any
industrial or commercial establishment which uses
the sewage system of the City and falls under a
standard industrial classification.
22. "INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
PERMIT", referred to herein as "Industrial/
Commercial Discharge Permit", shall mean a permit
required of a major industrial/commercial user to
deposit or discharge waste into any sewage system
under jurisdiction of the City of Denton.
23. "INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE" shall
mean a charge, as set forth in the latest edition
of the City of Denton Code of Ordinances levied on
industrial/commercial users of the sewage
treatment works for the additional cost of
treating wastewater discharges of abnormal
strength wastewater.
24. "INTERFERE" shall mean inhibition or disruption of
the sewage system which contributes to a violation
of any requirement of this Article.
PAGE
44 25. "MAJOR INDUSTRIAL/COMMERCIAL USER" shall mean a
user of the sewage system that: (a) discharges
25,000 gallons or more of wastewater into the
sewage system per average work day; or (b) is
regulated by the Categorical Pretreatment
Standards; or (c) is found by the City of Denton
to discharge wastewater which can cause
deterioration of the sewer system facilities or is
detrimental to the biological process, either
singly or in combination with other contributing
wastewater, on the treated sewage system or upon
the quality of the discharge from the sewage
system.
26. "mg/1" shall mean milligrams per liter.
27. "NATURAL OUTLET" shall mean any outlet into a
watercourse ditch, lake, or other body of surface
water or groundwater.
28. "NORMAL STRENGTH WASTEWATER" shall mean wastewater
which, when analyzed, by the City, shows by weight
a daily average of not more than 2,085 pounds per
million gallons (250 milligrams per liter) of
suspended solids, and 2,502 lb/mg (250
milligrams/1) of BOD (Biochemical Oxygen Demand),
and 2,085 lb/mg of COD (250 mg/1), and not more
than 75.1 pounds per million gallons (9.0
milligrams per liter (mg/1) of chlorine demand,
and 41.7 pounds per million gallons (5.0 mg/1) of
phosphorus, and which is otherwise acceptable into
a public sewer under the terms of this Article.
29. "NPDES PERMIT" shall mean the National Pollution
Discharge Eliminations System (NPDES) permit as
issued pursuant to Section 402 of the Act (33
U.S.C. 1342).
30. "OBJECTIONABLE WASTE" shall mean any wastewater
that can harm either the sewers, sewer treatment
process, or equipment, have an adverse effect on
receiving stream, or otherwise endanger life,
health, or property, or constitutes a nuisance.
31. "PERSON" shall mean any individual, firm, company,
association, society, corporation or entity,
including a city, county, town, village, or sewer
district.
32. "pH" shall mean the degree of acidity or
alkalinity of a solution, expressed as the
logarithm of the reciprocal of the hydrogen ion
concentration in gram equivalents per liter of
solution.
conveyance a or vessel discerniblef
33. OPOINT P S Hiscrete shall
confined and d from
which wastewater may be discharged into a public
waterway or public sewage system.
34. "POLLUTED WATER" shall mean any water, liquid or
gaseous waste containing any of the following:
soluble or unsoluble substances of organic or
inorganic
depositsi grease e and oils; dsflathat ting as
slud olids
PAGE
448
which may cause unsightly appearance; color;
phenols and other substances to an extent which
would impart any taste or odor to the receiving
stream; and toxic or poisonous substances in
suspension, colloidal state, solution or gases.
35. "PRIVY" is an outhouse or similar type small
building used as a toilet where wastes are either
buried on site or collected and disposed of
elsewhere.
36. "PRETREATMENT" shall mean the treatment of
wastewater before introduction into a sewage
system.
37. "SANITARY SEWER" shall mean a sewer intended to
receive domestic wastewater and admissible
industrial/commercial wastewater but to which
storm, surface and groundwaters are not
intentionally admitted.
38. "SEPTIC TANK" shall mean any covered water-tight
tank not connected to the sewage system and which
is designed for the treatment of sewage.
39. "SERVICE LINE" shall mean that part of the
horizontal piping of the building drainage system
beginning at the outside foundation wall and
terminating at its connection with the sewage
system.
40. "SEWER" shall mean a pipe or conduit for carrying
wastewater.
41. "SEWAGE SYSTEM" shall mean all facilities which
are owned by the City of Denton for collecting,
carrying, treating and disposing of wastewater.
42. "SLUG" shall mean any discharge of wastewater
which in concentration of any given constituent or
in quantity of flow exceeds for any period of
duration longer than fifteen (15) minutes, more
than five (5) times the average twenty-four (24)
hour concentration of flow during normal operation.
43. "STANDARD INDUSTRIAL CLASSIFICATION" (SIC) shall
mean a classification pursuant to the Standard
Industrial Classification manual issued by the
Executive Office of the President of the United
States, Office of Management and Budget, 1972, or
latest edition.
44. "STANDARD METHODS" shall mean the latest edition
of "Standard Methods for the Examination of Water
and Wastewater" prepared and published jointly by
the American Public Health Association, American
Waterworks Association and the Water Pollution
Control Federation.
45. "STATE" shall mean the State of Texas.
46. "STORM DRAIN" (sometimes termed "storm sewer")
shall mean a public drainage pipe which carries
storm and surface waters and drainage, but is not
intended to carry wastewater other than unpolluted
cooling water.
PAGE
149
47. "STORMWATER" shall mean rainfall or any other
forms of excess water which are derived from
precipitation.
48. "SUSPENDED SOLIDS" shall mean solids that either
float on the surface of, or are in suspension in
water, wastewater, or other liquids, and which are
removable by acceptable laboratory procedures as
set forth in Standard Methods.
49. "TOTAL DISSOLVED SOLIDS" shall mean the material
left in the vessel after evaporation of a sample
and its subsequent drying in an oven at a defined
temperature.
50. "TOXIC SUBSTANCES" shall mean any substance
whether gaseous, liquid or solid which, when
discharged to the sanitary sewer in sufficient
concentrations, as determined by the Director of
Utilities, may be hazardous to sewer maintenance
and personnel, tend to interfere with any
wastewater treatment process, or to constitute a
hazard to human beings or animals, or to inhibit
aquatic life, or to create a hazard to recreation
in the receiving waters of the effluent from a
wastewater treatment plant.
51. "TRANSPORT TRUCK DISCHARGE PERMIT" shall mean a
permit to deposit or discharge septic tank,
cesspool or seepage pit wastes into the City of
Denton sewage system.
52. "TRAP" shall mean a device designed to skim,
settle, or otherwise remove grease, oil, sand,
flammable wastes, or other harmful substances from
wastewater before entering sewage system.
53. "USER CHARGE" shall mean a charge levied on users
of the sewage system for the capital cost, as well
as the operation and maintenance of such works as
set forth in the City of Denton code of ordinances.
54• shall mean rejected,
substances in liquid, gaseous, or
solid form resulting from domestic, agricultural,
or industrial activities.
55. "WASTEWATER" shall mean the water-carried wastes
which are discharged into the sewage system.
connected to
56. e"WATER quipped with CLOSET* toilet shall thatnis a properlym o
the sanitary sewer and has the means for
mechanical discharge.
SECTION 25-133. ADMINISTRATION
Except as otherwise provided herein, the Director of
Utilities of the City of Denton, or his designee, shall
administer the provisions of this Article.
PAGE
450
SECTION 25-134. PROCEDURES FOR ABATEMENT OF VIOLATIONS
1. Notice and Order. Whenever the Director of Utilities has
determined that any person has violated any provision of this
Article or that such violation is continuing, reoccurrinq or may
reoccur, he may, in addition to any other remedy provided for in
this Article, issue a notice and order directing that such
violation be corrected or such other order as is necessarv to
prevent the violation from continuing or reoccurring.
Such notice and order shall state:
(a) The nature of the violation and the provisions of
this Article which have been violated.
(b) The corrective action that must be taken to
correct or abate the violation.
(c) The amount of time within which the violation must
be corrected.
(d) That the person to whom the notice and order are
issued may appeal from the notice and order to the
Environmental Appeals Committee by filing in
writing with the Director of utilities an appeal
and filing fee within ten (10) days of the service
of the notice and order.
(e) That failure to comply with the notice and order
and failure to file a timely appeal may result in
termination of sewer service.
2. Service of Notice and Order. Any notice and order
issued under this Article shall be in writing and served in
person or by registered or certified mail on the record user or
users of the sewage system or other persons determined to be
responsible for such violation.
3. Appeals. Any person may appeal the notice and order of
the Director of Utilities by filing a written notice of appeal
with the Director of Utilities on forms provided by the Director
of Utilities and by paying a filing fee of $10.00. Such notice
of appeal shall be filed and filing fee paid within ten (10)
days of service of the order.
PAGE
451
4. No Appeal Filed, If no timely appeal and filing fee are
filed, the Director of Utilities may, if a violation is
continuing or reoccurring or may reoccur, terminate sewer
service to the person ordered to correct or abate such violation
if such violation has not been corrected or abated within the
time specified in such order.
5. Hearing and Determination.
(a) An Environmental Appeals Committee is hereby
established and authorized to hear and decide
appeals from any order issued by the Director
of Utilities pursuant to said Article. The
Committee shall be composed of the Citv
Manager, or Assistant Citv Manager, the
Director of Utilities and the City Attorney or
their designated representative.
(b) The Committee may call and hold hearings,
administer oaths, receive evidence at the
hearing, issue subpoenas to compel the
attendance of witnesses and the production of
papers and documents related to the hearing,
and make findings of fact and decisions with
respect to administering its powers herein.
(c) Upon the hearing, the Committee shall determine
if there is substantial evidence to support the
Director of Utilities' determination and
order. The decision of the Committee shall be
in writing and contain findings of fact. If
the Committee determines that there is
substantial evidence to support the
determination and order of the Director of
Utilities, the Committee shall, in addition to
its decision, issue an order (i) requiring
discontinuance of such violation or condition,
(ii) requiring compliance with any requirement
to correct or prevent any condition or
violation, or (iii) suspending or revoking any
permit issued under the Article.
(d) In any decision and order issued by the
Committee, the order shall specify the time in
which the compliance with the order must be
taken. A copy of the decision and order shall
be delivered to the appellant or person to whom
the order is directed in person or sent to him
by registered or certified mail.
(e) Should the appellant fail to comply with the
order of the Committee within the time
specified therein, if any, the Director of
Utilities, in addition to any other remedv
provided for in this Article, may terminate
sewage service to the appellant.
SECTION 25-135. PENALTIES
A person who violates any provision of this Article is
guilty of a misdemeanor and upon conviction is punishable by a
PAGE
452
fine of up to Two Hundred Dollars ($200.00) for each act in
violation of any provision of this Article and for each day anv
violation of this Article occurs.
In addition to proceeding under authority of subsection (1)
of this section, the City is entitled to pursue all other
criminal and civil remedies to which it is entitled under
authority of statutes or other ordinances against a person
continuing prohibited discharges or violating any other
provision of this Article.
SECTION 25-136. DETERMINING THE CHARACTER AND CONCENTRATION
OF WASTEWATER
The wastewater discharged or deposited into the sewage
system shall be subject to periodic inspection and sampling as
often as may be deemed necessary by the Director of. Utilities.
Sampling shall be conducted according to customarily accepted
methods, reflecting the effect of constituents upon the sewage
system and determining the existence of hazards to health, life,
limb, and property.
The examination and analyses of the characteristics of
waters and wastes required by this Article shall be:
(a) Conducted in accordance with the latest edition of
"Standard Methods", and
(b) Determined from suitable samples taken at the
control manhole provided or other control points
authorized by the City.
The determination of the character and concentration of
industrial/commercial wastewater shall be made by the Director
of Utilities at such times and on such schedules as may be
established by the Director of Utilities.
Any person determined to be discharging wastewater in
violation of this Article shall compensate the City for the cost
of sampling and monitoring the discharges until such time as the
discharged wastewater is in compliance with this Article. The
Director of Utilities shall determine the number of samples and
the frequency of sampling necessary to maintain surveillance of
the discharges.
PAGE
453
SECTION 25-137. APPROVAL OF PLANS, ISSUANCE OF PERMITS AND
CERTIFICATION OF FINAL INSPECTION
1. Sewage Svstem Work Permit Required. It shall be
unlawful for any user of the sewage system to construct,
reconstruct, modify, enlarge or alter any equipment, device,
machinery apparatus or facility or system or component thereof,
which is used or is intended to be used to treat, process,
measure, or convey any wastewater which is or will be discharqed
into the sewage system without first obtaining a Sewaqe Svstem
Work Permit from the Director of Utilities.
2. Requirements for Permit. A Sewage System Work Permit
shall be issued when all plans, drawings and specifications are
submitted in such detail as the Director of Utilities' may
require and the Director of Utilities has determined that the
work to be done will result in adequate treatment, processing,
measuring, and conveyance of the wastewater discharged into the
sewage system in accordance with the provisions of this Article.
3. Certificate of Final inspection upon Completion
(a) Upon completion of the work to be done under
the Sewage System Work Permit, the Director of
Utilities shall inspect the work; and if done
in accordance with the permit, the Director of
utilities shall issue a Certificate of Final
Inspection to the permit holder.
(b) If the completed work does not comply with the
plans and specifications submitted for which
the permit was issued, the Director of
Utilities shall require such correction as
necessary before a Certificate of Inspection
is issued.
(c) No person receiving a Sewage System work
Permit shall utilize or make use of any
equipment, device, machinery, apparatus or
facility covered by the permit until a
Certificate of Final Inspection is issued in
accordance with this Article.
4. Right to Inspect. No person shall refuse the Director
of Utilities the right to inspect any work done or required to
be done under this Article.
SECTION 25-138. INSPECTIONS
Representatives of the City of Denton, the Environmental
Protection Agency, the Texas Department of Water Resources, and
n wnv
454
the Texas State Health Department, or any successor agency
bearing proper credentials and identification, shall be
permitted to- enter upon all properties for the purpose of
inspection, observation, measurements, sampling and testing of
the sewage system or any wastewater discharged into the sewage
system.
SECTION 25-139 thru SECTION 25-149. RESERVED
DIVISION 2
SANITARY FACILITIES REQUIRED
SECTION 25-150. CONNECTIONS REQUIRED
Any owner/occupant of every building where such building is
within one hundred (100) feet of any City sanitary sewer and is
utilized as a dwelling or residential unit shall construct, or
cause to be constructed, a suitable water closet upon such
property, and shall connect or cause the same to be connected
with such sanitary sewer in accordance with all ordinances of
the City regulating such construction and shall, within thirty
(30) days after written notice to do so from the Director of
utilities, abate and cease to use any septic tank, dry closet,
or privey upon such premise.
Any owner/occupant of every building where such building is
within three hundred (300) feet of any City sanitarv sewer and
is utilized as a business or commercial establishment
discharging wastewater exceeding the limits established by this
ordinance shall construct, or cause to be constructed, a
suitable water closet upon such property, and shall connect or
cause the same to be connected with such sanitarv sewer in
accordance with all ordinances of the City regulating such
construction and shall, within thirty (30) days after written
notice to do so from the Director of Utilities, abate and cease
to use any septic tank, dry closet, or privy upon such premise.
The owner or occupant of any such property shall keep and
maintain such water closet and all connections in good condition
and free from any obstructions.
DA(- .
flaw s
SECTION 25-151. SEPTIC SYSTEMS
Septic tanks shall be installed in accordance with the
provisions of the latest edition of the "Construction Standards
for Private Sewage Facilities", as published by the Texas
Department of Health.
SECTION 25-152. DRY CLOSETS PROHIBITED
It shall be unlawful for any person or persons to build, use
or maintain any privy, or dry closet on any lot of land within
the corporate limits of the City except for portable sanitary
privies utilized temporarily.
SECTION 25-153. CONSTRUCTION OF SANITARY SEWERS
AND CONNECTIONS
The construction of sanitary sewers and connections thereto
shall be as provided in the Ordinances of the City of Denton.
SECTION 25-154. OWNER RESPONSIBLE FOR MAINTENANCE OF
SANITARY SEWER SERVICE LINES.
The City shall not be responsible for the maintenance of any
building drains or service lines and such maintenance shall be
the responsibility and duty of the owner of the premises
serviced by any such service line.
SECTION 25-155. COMPLIANCE WITH PLUMBING REGULATIONS
REQUIRED.
Sanitary sewer service shall not be furnished to any Premise
where the plumbing thereof has not been installed in accordance
with the building regulations or any other provisions as
provided in the Ordinances of the City of Denton.
SECTION 25-156 thru SECTION 25-159. RESERVED
DIVISION 3
USE OF PUBLIC SEWERS
SECTION 25-160. DISCHARGE PROHIBITIONS
It shall be unlawful for any person to discharge or cause to
be discharged into the sewage system or into a natural outlet,
materials, waters, or wastewater, if such substances may
interfere with the facilities, operation, or performance of the
sewage system, or have an adverse effect on the environment, or
may otherwise endanger life, health or property, or constitute a
PAGE
456
Public nuisance. In determining the acceptability of substances
for discharge into the sewage system, the Director of Utilities
shall give consideration to such factors as the quantities of
subject substances in relation to flows and velocities in the
sewer system, materials of which the sewer system is
constructed, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, degree of
treatability of the substances in the wastewater treatment plant
and such other factors which may be pertinent to such evaluation.
Substances specifically prohibited from being discharged
into the sewage system are as follows:
(a) Any liquids, solids or gases, including but not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides or any
other substances which are a fire or other hazard
to the system, which by reason of their nature or
quantity are, or may be, sufficient either alone
or by interaction with other substances to cause
fires, explosions, or be injurious in any other
way to the facilities or operation of the sewage
system.
(b) Any substance which causes two successive readings
on an explosion hazard meter, to be more than five
percent (53) or any single reading over ten
percent (103) of the Lower Explosive Limit MEL)
of the meter as measured at the point where the
wastewater is discharged into the sewage system.
(c) Any wastewater having a pH less than five (5),
greater than ten (10), or any wastewater having
any other corrosive property capable of causing
damage or hazard to the sewage svstem or any
person.
(d) Any wastewater containing toxic substances in
sufficient quantity that may, either singly or by
interaction with other substances, injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect in the receiving waters of the sewage
system, or exceed the limitation set forth in the
Categorical Pretreatment Standards. A toxic
substance shall include but not be limited to any
substance identified pursuant to Section 307(a) of
the Act.
(e) Any substance discharged into the sewage system
such as residues, sludges, or scums, which
interferes with the reclamation process, or anv
substance which causes the sewage system to be in
non-compliance with sludge use or disposal
guidelines or regulations developed under Section
405 of the Act, or any guidelines, or regulations
PAGE
457
affecting sludge use or disposal promulgated
pursuant to the Solid Waste Disposal Act, the
Clean Air Act, and the Toxic Substances Control
Act as amended by the U.S. Congress.
(f) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees Fahrenheit,
(650C). If, in the opinion of the Director of
Utilities, lower temperatures of such wastewater
could harm either the sewage system, wastewater
treatment process, equipment, or have an adverse
effect on the receiving stream or could otherwise
endanger life, health or property or constitutes a
public nuisance, then the Director of Utilities
may prohibit such discharges.
(g) Any wastewater containing fats, wax, grease, or
oils, whether emulsified or not, in excess of
fifty (50) mg/l or containing substances which may
solidify or become viscous at temperatures between
thirty-two (32) degrees Fahrenheit, (OoC), and
one hundred fifty (150) degrees Fahrenheit,
(65oC).
SECTION 25-161 HAZARDOUS METALS OR TOXIC SUBSTANCES
1. It shall be unlawful for any person to discharge into
the sewage system unless such discharge is allowed under the
provisions of Section 25-174, "Industrial/Commercial Wastewater
Surcharge":
(a) Any wastewater containing hazardous metals to such
degree that any such material received at the
point of discharge into the sewage system exceeds
the limits established below:
NOT TO EXCEED
Daily
Grab
Metal
Average
Composite
Sample
Arsenic
0.1
0.2
0.3
Barium
1.0
2.0
4.0
Cadmium
0.05
0.1
0.2
Chromium
0.5
1.0
5.0
Copper
0.5
1.0
2.0
Lead
0.5
1.0
1.5
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel
1.0
2.0
3.0
Selenium
0.05
0.1
0.2
Silver
0.05
0.1
0.2
Zinc
1.0
2.0
6.0
(b) Other metals not listed above which will, in the
opinion of the Director of Utilities, damage the
sewage system or interfere with the treatment
process.
(c) Any wastewater that contains phenolics in excess
of 0.1 milligrams per liter (mg/1) by weight.
(d) Any radioactive wastes or isotopes into the public
sewers without permission of the City.
PAGE FOURTEEN
458
(e) Quantities of flow, concentrations, or both, which
constitute a "slug" as defined herein.
(f). Materials or Substances which cause:
(1) Concentrations of inert suspended solids
exceeding 250 mg/l or total dissolved solids
in concentrations greater than 800 mg/l and
sodium sulfate in concentrations greater than
500 mg/1.
(2) Concentrations of BOD exceeding 250 mg/l, COD
requirements exceeding 250 mq/l, chlorine
requirements exceeding 9.0 mg/l or phosphorus
concentrations exceeding 5.0 mg/l.
(3) Discolorations, such as, but not limited to
dye waters and vegetable tanning solution.
(g) Any wastewater with a concentration of cyanide the
total of which is in excess of 1.0 mq/1.
2. In cases where a user wishes to discharge any wastewater
having characteristics exceeding maximum permissible limits
stated-'above, the Director of Utilities may, pursuant to an
Industrial Commercial Wastewater Discharge Permit granted to
such user, after conducting necessary evaluation of the
wastewater, permit such discharge if:
(a) the wastewater will not cause damage to the
sewage system;
(b) the wastewater will not impair the City's
treatment process; and
(c) the user discharging the wastewater complies
with any pretreatment process and/or
requirement imposed by the Director of
Utilities.
SECTION 25-162. DISCHARGE OF WATERS NOT CONTAINING SEWAGE
It shall be unlawful for any person to discharge unpolluted
waters into the sewage system. Except with the approval of the
Director of Utilities, or as otherwise provided in this Article,
no storm water connection from any building or yard, nor any
drain from any catch basin, lake, swamp, pond, or swimming cool,
nor any outlet for surface water, storm water or ground water of
any kind shall be connected to the sewage system.
Within any area served by a separate sanitary sewer and a
storm sewer, no storm water shall be allowed to enter the
PAGE
459
sanitary sewer from waste or vent pipes of any building. Within
any such area no down spout, roof leaders, gutters, other pipes,
or drains such as channels which may at any time carry storm
water surface drainage derived from hydraulic pressure or from
well points, or lake water, shall be connected with any sanitarv
sewer.
SECTION 25-163. DISCHARGE TO A NATURAL OUTLET
it shall be unlawful for any person to discharge polluted
water to any storm sewers or natural outlet within the area
served by the City except where suitable treatment has been
provided in accordance with the provisions of this Article, and
except where a Federal National Pollutant Discharge Elimination
Systems (NPDES) Permit has been duly issued and is currently
valid for such discharge. A valid copy of such a permit and any
modifications thereof must be filed with the Director of
Utilities.
SECTION 25-164. WASTEWATER DISCHARGES REOUIRING TRAPS
All persons discharging oil, grease, sand, flammable wastes,
or other harmful substances in amounts that, in the opinion of
the Director of Utilities, will impede or stop the flow in the
sewage system shall install a trap before the point of discharge
into the sewage system. Any person responsible for discharges
requiring a trap shall, at his own expense and as required by
the City:
(1) cprovide euiment and apacity approved by he facilities of a type and
(2) locate the trap ccessibility manner for at cprovies leaning ready
and easy a and
inspection; and
(3) maintain the trap in effective operating condition.
SECTION 25-165. WASTEWATER DISCHARGE FROM TRANSPORT TRUCKS
All persons owning or operating a vacuum truck, "cesspool"
pump truck, liquid wastewater transport truck, or other vehicle,
shall not discharge or unload any septic tank, seepage pit,
inceptor or cesspool contents from such vehicle without first
PAGE
460
having received a valid Transport Truck Discharge Permit (TTD
Permit).
TTD Permits shall be issued by the Director of Utilities
upon proper application and payment of a Fifty Dollar (S50.00)
permit fee. All TTD Permits shall be valid for one (1) year.
No person holding a TTD Permit shall unload or discharge any
waste or wastewater except in a manner and at a place as
specified by the Director of Utilities. Before discharging
under a TTD Permit, the Director of Utilities may require the
person holding such permit to furnish a sample of the contents
of the material to be discharged as a prerequisite to
discharging into the sewage system. The Director of Utilities
may refuse permission to discharge abnormal strength wastewater
into the sewage system.
Any person discharging or unloading normal strength
wastewater under a TTD Permit into the sewage svstem shall be
charged at the regular commercial sewer rates.
Any person discharging abnormal strength wastewater under a
TTD Permit into the sewage system shall be charged an
industrial/commercial surcharge rate.
SECTION 25-166 THRU 25-169. RESERVED
DIVISION 4
INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
SECTION 25-170 INDUSTRIAL/COMMERCIAL WASTEWATER
DISCHARGE PERMIT REQUIRED
It shall be unlawful for any major industrial/commercial
user to connect to the sewage system or to discharge wastewater
to the sewage system without first obtaining an Industrial/
Commercial Wastewater Discharge Permit from the Director of
Utilities.
All major industrial/commercial users discharging wastewater
directly or indirectly into the sewage system prior to the
effective date of this Article may continue that discharge one
hundred eighty (180) days after the effective date of this
PAGE
161
Article. Prior to the expiration of the one hundred eighty
(180) day period, the major industrial/commercial user shall
apply for art Industrial/Commercial Wastewater Discharge Permit
from the Director of Utilities.
SECTION 25-171. PROCEDURE FOR OBTAINING: A PERMIT FOR
INDUSTRIAL WASTEWATER DISCHARGE
1. Permit Application. Major industrial/commercial users
required to obtain an Industrial/Commercial Wastewater Discharge
Permit shall complete and file with the City, an application in
the form prescribed by the City, and accompanied by a fee of
Twenty-Five Dollars ($25.00). New major industrial/commercial
users shall apply at least ninety (90) days prior to connecting
to or contributing to the sewaqe svstem for an
industrial/Commercial Wastewater Discharge Permit. In support
of the application, the major industrial/commercial user shall.
submit the following information:
(a) Name, address, and location (if different from the
address).
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended.
(c) Wastewater constituents and characteristics
including but not limited to those mentioned in
this Article as determined by a reliable
analytical laboratory, sampling and analvsis shall
be performed in accordance with procedures
established by the EPA pursuant to the Act and
contained in 40 CPR, Part 136, as amended.
(d) Time and duration of contribution.
(e) Average daily wastewater flow rates, including
daily, monthly and seasonal variations if any.
(f) Site plans, floor plans, mechanical and plumbing
plans and details to show all service lines, sewer
connections, and appurtenances by the size,
location and elevation.
(g) Description of activities, facilities and plant
processes on the premises including all materials
which are, or could be, discharged.
(h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by
any City law or regulation, or by the State or
Categorical Pretreatment Standards, and a state-
ment regarding whether or not the pretreatment
standards are being met on a consistent basis.
PAGE
4s?
(i) If additional pretreatment and/or O&M will be
required to meet the Categorical Pretreatment
Standards, the shortest schedule by which the
major industrial/commercial user will provide such
additional pretreatment. The completion date in
this schedule shall not be later than the
compliance date established for the applicable
Categorical Pretreatment Standard. The following
conditions shall apply to this schedule:
(1) The schedule shall contain increments of
progress in the form of dates for the
commencement and completion of major events
leading to the construction and operation of
additional pretreatment required for the major
industrial/commercial user to meet the
applicable Categorical Pretreatment Standards
(e.g., hiring an engineer, completing
preliminary plans, completing final plans,
executing contract for major components,
commencing construction, etc.).
(2) No increment referred to in paragraph (1)
shall exceed nine (9) months.
(3) Not later than fourteen (14) days following
each date in the schedule and the final date
for compliance, the major industrial/
commercial user shall submit a progress report
to the Director of Utilities including, as a
minimum, whether or not it complied with the
increment of progress to be met on such date
and, if not, the date on which it expects to
comply with this increment of progress, the
reason for delay, and the steps being taken by
the major industrial/commercial user to return
the construction to the schedule established.
In no event shall more than nine (9) months
elapse between such progress reports to the
Director of Utilities.
(j) Each product produced by type, amount, process or
processes and rate of production.
(k) Type and amount of raw materials processed
(average and maximum per day).
(1) Number and type of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment svstem.
(m) Any other information as may be deemed by the City
to be necessary to evaluate the permit application.
2. Permit Modifications
Within nine (9) months of the promulgation of a Categorical
Pretreatment Standard, the industrial/commercial Wastewater
Discharge Permit of major industrial/commercial users subject to
such standards shall be revised to require compliance with such
standard within the time frame prescribed by such standard.
Where a major industrial/commercial user, subject to a
PAGE ,
463
Categorical Pretreatment Standard has not previously submitted
an application for an Industrial/Commercial Wastewater Discharge
Permit the major industrial/commercial user shall apply for an
Industrial/Commercial Wastewater Discharge Permit within one
hundred eighty (180) days after the promulgation of the
applicable Categorical Pretreatment Standard. In addition, the
major industrial/commercial user with an existing Industrial/
Commercial Wastewater Discharge Permit shall submit to the
Director of Utilities within one hundred eighty (180) days after
the promulgation of an applicable Categorical Pretreatment
Standard the information required by paragraph (h) and (i) of
Section 25-171 (2. Permit Application).
3. Permit Conditions. Industrial/Commercial. Wastewater
Discharge Permits shall be expressly subject to all provisions
of this Article and all other applicable regulations, major
industrial/commercial user charges and fees established by the
Code of Ordinances of the City of. Denton. Permits may contain
the following:
(a) The unit charge or schedule of industrial/
commercial user charges and fees for the
wastewater to be discharged to the sewage system.
(b) Limits on the average and maximum wastewater
constituents and characteristics.
(c) Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization.
(d) Requirements for installation and maintenance of
inspection and sampling facilities.
(e) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number types, and standards for tests and
reporting schedule.
(f) Compliance schedules.
(g) Requirements for submission of technical reports
or discharge reports.
(h) Requirements for maintaining and retaining plant
records relating to wastewater discharge as
specified by the City and affording city access
thereto.
PAGE
464
(i) Requirements for notification of the City of any
new introduction of wastewater constitutents or
any substantial change in the volume or character
of the wastewater constituents being introduced
into.the wastewater treatment system.
(j) Requirements for notification of slug discharges.
(k) Other conditions as deemed appropriate by the Citv
to ensure compliance with this Article.
4. Permit Duration. Permits shall be issued for a
specified time period not to exceed three (3) _years. A permit
may be issued for a period less than a year or may be stated to
expire on a specified date. The major industrial/commercial
user shall apply for permit reissuance a minimum of one hundred
eighty (180) days prior to the expiration of the major
industrial/commercial user's existing permit. The terms and
conditions of the permit may be subject to modification by the
City during the term of the permit. The major
industrial/commercial user shall be informed of any proposed
changes in his permit at least thirty (30) days prior to the
effective date of change.
5. Permit Transfer. Industrial/Commercial Wastewater
Discharge Permits are issued to a specified major
industrial/commercial user for a specific operation. An
Industrial/Commercial Wastewater Discharge Permit shall not be
reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the
approval of the Director of Utilities. Any succeeding owner or
major industrial/commercial user shall also comply with the
terms and conditions of the existing permit.
S. Reporting Requirements for Permittee.
(a) Compliance Date Report
Within ninety (90) days following the date for
final compliance with applicable Categorical
Pretreatment Standards, any major industrial/
commercial user subject to Categorical
Pretreatment Standards shall submit to the
Director of Utilities a report indicating the
nature and concentration of all pollutants in
the discharge from the regulated process which
are limited by Categorical Pretreatment
Standards and the average and maximum daily
PAGE
465
flow for these process units in the
industrial/commercial facility. The report
shall state whether the applicable Categorical
Pretreatment Standards are being met on a
consistent basis and, if not, what additional
08M and/or pretreatment is necessarv to bring
the industrial/commercial user into compliance
with the applicable Categorical Pretreatment
Standards. This statement shall be signed by
an authorized representative of the
industrial/commercial user and certified to by
a qualified professional.
(b) Periodic Compliance Reports
(1) Any major industrial/commercial user
subject to a Categorical Pretreatment
Standard, after the compliance date of
such standard, shall submit to the
Director of Utilities during the month of
June, unless required more frequently in
the Categorical Pretreatment Standards or
by the Wastewater Industrial/Commercial
Discharge Permits, a report indicating the
nature and concentration of pollutants in
the effluent which are limited by such
Categorical Pretreatment Standards. At
the discretion of the Director of
Utilities and in consideration of such
factors as local high or low flow rates,
holidays, budget cycles, etc., the
Director of Utilities may agree to alter
the months during which the above reports
are to be submitted.
(2) The Director of Utilities may impose mass
limitations on major industrial/commercial
users which are using dilution to meet
applicable Categorical Pretreatment
Standards or in other cases where the
imposition of mass limitations are
appropriate. In such cases, the
compliance report shall indicate the mass
of pollutants regulated by Categorical
Pretreatment Standards in the effluent of
the major industrial/commercial user.
These reports shall contain the results of
sampling and analysis of the discharge,
including the flow and the nature and
concentration, or production and mass
where requested by the Director of
utilities, of pollutants contained therein
which are limited by the applicable
Categorical Pretreatment Standard. All
analysis shall be performed in accordance
with procedures pursuant to Section 304
(g) of the Act and contained in 40 CPR,
Part 136 and amendments thereto, or with
any other test procedures approved by the
Director of Utilities. Sampling shall be
performed in accordance with the
techniques approved by the Director of
Utilities.
PAGE
466
SECTION 25-172. PRETREATMENT OF INDUSTRIAL WASTEWATER
Industrial/commercial users shall provide necessary
wastewater treatment as required to comply with this Article and
the Categorical Pretreatment Regulations. Any facilities
required to pretreat wastewater to a level acceptable to the
Director of Utilities shall be provided, operated, and
maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be
submitted to the Director of Utilities for review before
construction of such facility. The review of such plans and
operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce
an effluent acceptable to the Director of Utilities under the
provisions of this Article. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported
to and be acceptable to the City prior to the user's initiation
of the changes. All records relating to compliance with the
Categorical Pretreatment Standards shall be made available to
officials of the Environmental Protection Agency or City upon
request.
SECTION 25-173. CONTROL MANHOLE
As a prerequisite to receiving an Industrial/Commercial
Wastewater Discharge Permit, the Director of Utilities may, when
necessary to monitor wastewater discharged into the sewage
system, require an industrial/commercial user to install a
suitable control manhole together with such meters, equipment
and appurtenances as deemed necessary by the Director of
utilities, in order to adequately sample and measure such
wastewater. All required control manholes shall be located so
as to permit unrestricted access by the Director of Utilities or
his representatives.
SECTION 25-174. INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE
If abnormal strength industrial/commercial wastewater is
PAGE
467
acceptable for discharge into the sewage system under the
provisions set forth under the Industrial/Commercial wastewater
Discharge Permit, an industrial/commercial wastewater surcharge
shall be added to the base sewer charge to cover the additional
cost of treating abnormal strength wastewater. Such surcharge
shall be calculated as follows:
Cu-VU [(Bu - 250) B + (Su-250) S) + (XU-250)X)
Where:
Cu is the surcharge for user x.
Vu is the billing volume for user x.
Bu is the tested BOD level for user x or 250 mg/1,
whichever is greater.
B is the unit cost factor for treating one unit of BOD
per 1,000 gallons.
Su is the tested SS level for user x or 250 mg/l,
whichever is greater.
S is the unit cost factor for treating one unit of SS
per 1,000 gallons.
Xu is the tested pollutant level for user x or 250
mg/1, whichever is greater.
X is the unit cost factor for treating one unit of
pollutant per 1000 gallons.
SECTION 25-175. SUSPENSION OR REVOCATION OF PERMIT FOR
COMMERCIAL/INDUSTRIAL WASTEWATER DISCHARGE
1. Permit Not Vested Right. A permit issued under this
Article does not become a vested right in the person holding the
permit.
2. Grounds for Suspension or Revocation of Permit A
permit issued under this Article may be revoked or suspended
upon any of the following grounds:
(a) The permittee has or is violating one or more
provisions of this Article.
(b) The permittee has failed or is failing to
comply with one or more conditions of a permit.
(c) There is a change in conditions which requires
elimination or modification of the discharge
covered by a permit.
(d) Revocation or suspension is necessary in order
to prevent harm or damage to the sewage system
or treatment process or is necessary to
PAGE
468
protect the health or welfare of persons,
animals or property.
(e) The permit was obtained by misrepresentation
or failure to disclose all relevant facts.
3. Procedure for Suspension or Revocation of Permit. The
Director of Utilities may issue an order suspending or revoking
a permit issued under this Article upon the grounds specified in
this Article. Such order shall state the grounds therefor and
shall be served upon the permittee in person or by certified or
registered mail. Such order of suspension or revocation shall
become effective after five (5) days from the date of service,
unless the permittee within such five (5) day period files an
appeal and filing fee in accordance with Section 25-134 of this
Article.
4. Procedure for Appeals From Order of Revocation or
Suspension. Appeals from the order of the Director of Utilities
suspending or revoking a permit shall be processed and heard in
accordance with procedures for other appeals as set forth in
Section 25-134.
SECTION 25-176. SUSPENDED OR REVOKED PERMIT
Any permittee who receives an order from the Director of
Utilities revoking or suspending a permit shall discontinue any
discharge covered by the permit after five (5) days from notice
of such order, unless within such five (5) day period the
permittee appeals such order to the Committee. Any permittee
who has been notified by the Director of Utilities of a
suspension or revocation of a permit and does not timely appeal
such order or any permittee who has been notified of the order
of the Committee, after a hearing, of the revocation or
suspension of a permit and who continues a discharge covered by
a permit after the effective date of the revocation or
suspension of the permit may have sewage service terminated by
the Director of Utilities.
SECTION 25-177. REINSTATEMENT OF SUSPENDED OR REVOKED PERMIT
The Director of Utilities shall reinstate a suspended
Industrial/Commercial Discharge Permit upon satisfactory proof
469
to the Director of Utilities of corrective action of the
permittee of the conditions or discharge for which the nermit
was suspended.
A user whose Industrial/Commercial Discharge Permit has been
revoked must apply for a new permit and comply with all
provisions and conditions required as though a permit had not
been issued for such user.
SECTION 25-178 through 25-180. RESERVED.
PART III.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
PART IV.
That this Ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this Ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
44
A
PASSED AND APPROVED this the day of1982.
ITCYARD O. ST , MAYOR
CI OF D TON, TEXAS
ATTEST:
C E ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C.J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
EXHIBIT D
SCHEDULE S3
(Effective Date 10-10-89)
WHOLESALE SEWER TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY, DIVISION OR SUBDIVISION
APPLICATION
Applicable to any municipal corporation, or other governmental
agency or subdivision which operates a sewer collection system and
contracts with the City of Denton for sewer treatment service.
NET MONTHLY RATE
(1) Facility Charge $125.00/30 days
(2) Volume Charge $1.95/1,000 gallon of effluent
Billing shall be based on one-hundred (100x) percent of actual
gallons measured by meter at one point.
MINIMUM BILLING
$125.00/30 days
INDUSTRIAL SURCHARGE
In addition to the above charge for commercial and industrial,
there will be added to the net monthly rate an industrial surcharge
based on the following formula:
Cu-Vu ([Bu-250] B + [Su-2501 S1)
Where: Cu is the surcharge for user X.
Vu
is the billing volume for user X.
Bu
is the tested BOD level for user X
or 250
mg/1,
whichever is greater.
B
BOD per 1,000 gallons ($0.000743)
is the
unit
cost factor for treating one unit.
Su
is the tested SS level for user X
or 250
mg/l,
whichever is greater.
S
($0.000751) is the unit cost
factor
for
treating one unit of SS per 1,000 gallons.
EXHIBIT D
SCHEDULE SSC
[Effective 1-1-911
WHOLESALE SEWER TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY, DIVISION OR SUBDIVISION
APPLICATION
Applicable to any municipal corporation, or other governmental
agency or subdivision which operates a sewer collection system and,
contracts with the City of Denton for sewer treatment service.
NET MONTHLY RATE
(1) Facility charge
(2) volume charge
(3) Surcharge
$125.00/30 days
$2.10/1,000 gallon of effluent
10.001386/mg/l of SOD
0.001715/mg/1 of Ss
Billing shall be based on one-hundred (1001) percent of actual
gallons measured by meter at one point.
MINIMUM BILLING
$125.00/30 days
INDUSTRIAL SURCHARGE
In addition to the above charge for commercial and industrial,
there will be added to the net monthly rate an industrial surcharge
based on the following formula:
Cu=VU ([BU-2501 B + [Su-250) S))
Where: Cu is the surcharge for user X.
Vu is the billing volume per 1000 gallons for user
X.
Bu is the tested BOD level for user X or 250 mg/l,
whichever is greater.
B is the unit cost factor ($0.001386) for
treating one unit of SOD per 1,000 gallons.
Su is the tested SS level for user X or 250 mg/l,
whichever is greater.
S is the unit cost factor ($0.001715) for
treating one unit of SS per 1,000 gallons.
EXHIBIT E
REQUESTED WASTEWATER COLLECTION & TREATMENT VOLUMES REQUIREMENTS
SERVICE
YEAR
AVERAGE DAILY
FLOW
(MGD)
MAXIMUM DAILY
FLOW
(MGD)
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
O 03
2979L
UPPER TRINITY REGIONAL WATER DISTRICT
REGIONAL WASTEWATER TREATMENT SERVICE
PARTICIPATING MEMBER CONTRACT
(DENTON SYSTEM PROJECT)
THE STATE OF TEXAS S
S
COUNTY OF DENTON S
THIS REGIONAL WASTEWATER TREATMENT CONTRACT (Denton
System Project) (the "Contract") made and entered into as of
the 6 day of December , 19_90 (the "Contract
Date"), by and between UPPER TRINITY REGIONAL WATER DISTRICT,
(the "District"), a conservation and reclamation district
created pursuant to Article XVI, Section 59 of the Constitution
of the State of Texas, and the City of Argyle, Texas ("Argyle").
W I T N E S S E T H•
WHEREAS, Argyle has requested that the District provide
wastewater treatment service for the initial installment phase
of its local wastewater collection and transportation system;
and
WHEREAS, the Denton County Water and Wastewater Study
Regional Master Plan prepared in March, 1988 by Espey, Huston &
Associates, Inc. recommends that regional wastewater treatment
services for Argyle and certain other communities by provided
through the City of Denton System; and
WHEREAS, Argyle, as a Participating Member as herein
defined, is a governmental entity which has taken and is taking
definitive steps to provide a retail utility service to its
customers and is currently operating under the Constitution and
laws of the State of Texas; and
WHEREAS, the District has contracted with the City of
F ~
Denton for wastewater treatment services based on interim use
of surplus capacity and the option for future participation in
expanded treatment capacity; and
WHEREAS, Argyle proposes to finance, construct, own and
operate the outfall pipeline (Trunk Sewer) to transport the
wastewater from the Argyle collection system to the Denton
wastewater interceptor in Hickory Creek; and
WHEREAS, the District will function as the planning and
managing agency for the regional wastewater treatment service
provided Argyle, including the responsibility to assure
permanent and continuing capability for wastewater treatment
whether such service is provided through, or separate from, the
City of Denton system; and
WHEREAS, Argyle proposes to construct the pipeline, pump
station, metering facilities and associated improvements
described in an engineering report entitled "
, 1990";
and
WHEREAS, the District agrees that Argyle shall continue
to own and operate the internal wastewater collection and
pumping facilities and the outfall pipeline (Trunk Sewer), and
Denton shall own and operate the pipelines and treatment works
which are to be used for providing the interim services
provided for herein; and
WHEREAS, the Parties hereto acknowieage LnaL L/LIICL
entities may become parties to the regional wastewater
treatment services provided by the District through the City of
-2-
063lx
P I
Denton System; and
WHEREAS, it is expected that Argyle will issue an
installment of bonds to provide funding to construct the
facilities necessary to collect, transport and measure
wastewater from Argyle to the Point of Entry; and
WHEREAS, Argyle desires to maintain control over and
access to its outfall line (Trunk Sewer) and to serve retail
customers along the route of the Trunk Sewer; and
NOW, THEREFORE, in consideration of the mutual covenants
and agreements herein contained, the District agrees to provide
wastewater treatment services of the System to Argyle under
this Contract, subject to the terms and conditions hereinafter
set forth, to-wit:
ARTICLE I
Definitions
The following terms and expressions as used in this
Contract, unless the context clearly shows otherwise, shall
have the following meanings:
1. "Additional Participating Member" means any party
other than Argyle with which the District makes a contract
similar to this Contract.
2. "Administrative Payment" means the amount of money
to be paid to the District by each of the Contract Members
during each Annual Payment Period as its proportionate share of
administration and planning expenses of the District, which
expenses are unrelated to the operating costs of any contract
or capital projects managed by the District for specific
-3-
0631x
entities.
3. "Adjusted Annual Payment" means the Annual Payment
as adjusted during or after such Annual Payment Period, as
provided by this Contract.
4. "Annual Payment" means the amount of money to be
paid to the District by each of the Participating Members
during each Annual Payment Period as its proportionate share of
the Annual Requirement.
5. "Annual Payment Period" means the District's
Fiscal Year, which currently begins on October 1 of each
calendar year and ends on September 30 of the next calendar
year, and the first Annual Payment Period under this Contract
is estimated to be for the period of October 1, 1990 through
September 30, 1991, but may be for a partial year.
6. "Annual Requirement" means the total amount of
money required for the District to pay all Operating and
Maintenance Expenses of the System, all as further described
herein.
7. "District" means the Upper Trinity Regional Water
District, a conservation and reclamation district pursuant to
Article XVI, Section 59 of the Constitution of the State of
Texas created by the Texas Legislature in 1989 by passage of
House Bill 3112.
8.
"Board"
means the governing board
of the District.
9.
"Board
members" means a member or
members of the
Board.
10. "B.O.D." (denoting Biochemical Oxygen Demand)
-4-
063lx
I i
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure
in five days at 20*c., expressed in milligrams per liter.
11. "Bond Resolution" means any resolution of the
District which authorizes any Bonds.
12. "Bonds" means all bonds hereafter issued by the
District and the interest thereon, to acquire and construct the
System (including all bonds issued to complete the acquisition
and construction of the System), and/or all bonds issued
subsequently to improve and/or extend the System, and any bonds
issued to refund any Bonds or to refund any such refunding
bonds.
13.
"Contract Member" means one or more, as the case
may be, of
the entities that contract with the District to
retain the
option to become a Participating Member.
14.
"County" means Denton County, Texas.
15.
"Customer" means any wholesale user of the
wastewater
services provided by the District which user
provides r
etail utility service within its boundaries.
16.
"Customer Advisory Council" or "Council" means the
committee
to be created to consult with and advise the District
with respe
ct to the System as provided in this Contract.
17.
"gpd" means gallons per day.
18.
"Garbage" means solid wastes from the preparation,
cooking,
and dispensing of food, and from handling, storage,
and sale of produce.
19.
"Grease" means fats, waxes, oils, and other
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similar nonvolatile materials in wastewater.
20. "Industrial User (IU)" means any person, including
but not limited to, any individual, firm, partnership,
corporation, association, or any other group or combination
acting as a unit, or any other legal entity, who discharges or
desires to discharge industrial wastes into the System.
21. "Infiltration water" means rainwater or other
water which leaks into a sewer.'
22. 40mg/1" means milligrams per liter.
23. "Operation and Maintenance Expenses" means all
costs and expenses of operation and maintenance of the System
including (for greater certainty but without limiting the
generality of the foregoing) repairs and replacements for which
no special fund is created in the Bond Resolutions, operating
personnel, the cost of utilities, the costs of supervision,
engineering, accounting, auditing, legal services, supplies,
services, administration of the System, including the
District's general overhead expenses attributable to the
System, insurance premiums,. equipment necessary for proper
operation and maintenance of the System, and payments made by
the District in satisfaction of judgments resulting from claims
.not covered by the District's insurance arising in connection
with the operation and maintenance of the System. The term
does not include depreciation.
24. "Participating Member" means one or more, as the
case may be, of the governmental entities which provides retail
utility service within its boundaries that contracts pursuant
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to this contract for the acquisition, construction,
improvement, enlargement, and payment of the System to be
financed from time to time by the District.
25. "pH" means the common logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of solution.
26. "Project" means the contracts and contractual
responsibilities established pursuant to this Contract as may
be necessary to provide the services committed herein through
the City of Denton Wastewater Collection and Treatment System.
27. "POTW" means a Publicly Owned Treatment Works as
defined in 40 CFR 403.
28. "Properly Shredded Garbage" means garbage that has
been shredded to such degree that all particles will be carried
freely under the flow conditions normally prevailing in public
sewers, with no particle greater than 1/2 inch in any dimension.
29. "Significant Industrial User (SIU)" means any
industrial user who is connected or desires to connect to a
governmental entity's domestic wastewater collection system and
meets at least one of the following criteria:
(i) Average industrial wastewater discharge
rate greater than 50,000 gpd.
(ii) BOD and/or suspended solids concentrations
in industrial wastewater greater than 250 mg/1.
(iii) Industrial category regulated by National
Pre-treatment Standards as promulgated by the United
States Environmental Protection Agency.
30. "Suspended Solids" means solids that either float
on the surface or are in suspension in water, sewage, or other
liquids, and which are removable by laboratory filtering,
expressed in milligrams per liter.
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31. "State" means the State of Texas.
32. "System" means the regional wastewater system, not
including Argyle's Trunk Sewer, and all improvements and
additions to and extensions, enlargements thereto, and
replacements thereof which are deemed necessary and feasible by
the District in order to receive, treat, and dispose of
Wastewater from any Participating Member receiving service
through the City of Denton Wastewater System under similar
contracts as this one and to comply with the requirements of
the regulatory agencies of the State of Texas and the United
States of America. Said term does not include any facilities
acquired or constructed by the District (i) with the proceeds
from the issuance of "Special Facilities Bonds," which are
hereby defined as being revenue obligations of the District
which are not secured by or payable from payments made under
this Contract and similar contracts with Additional
Participating Members, and which are payable solely from other
sources, or (ii) for Customers not receiving service through
the City of Denton Wastewater System.
33. "Total Toxic Organics" means the sum of all
detected concentrations greater than 10 micrograms per liter
for all organic compounds classified as priority pollutants by
the United States Environmental Protection Agency.
34. "Trunk Sewer" means any sewer in which sewage from
collecting and lateral sewers is received and conveyed to the
System.
35. "Wastewater" means sewage, industrial waste,
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municipal waste, recreational waste, and agricultural waste, as
defined in the Texas Water Code, together with Properly
Shredded Garbage and such Infiltration Water that may be
present.
ARTICLE II
Board Representation
1. The Board of Directors shall be composed of those
members that were designated by the legislation creating the
District, plus one member appointed by the governing body of
each Contract Member, each Participating Member and the County
of Denton. Terms of members designated in the legislation
shall expire June 16, 1991. Denton County, acting through its
Commissioners Court, shall appoint one member to the Board and
may, upon the approval of the Board, appoint one additional
member to the Board if the Board deems such additional
appointment to be in the best interests of the District.
2. Members of the Board appointed by the governing
body of Participating Members shall be entitled to vote on all
matters coming before the Board. Members of the Board
appointed by the governing body of Contract Members shall be
entitled to vote on all matters before the Board except those
matters that require a weighted vote. The Board shall
establish rules for the implementation of a system of weighted
votes for matters concerning authorization of and financial
commitments for capital projects.
3. Members of the Board shall serve staggered terms
in accordance with procedures established by the Board;
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provided, however, that no Board member shall serve for a term
in excess of four (4) years. Members of the Board may serve
consecutive terms.
4. The Board may establish a classification of
ex-officio members who will not be voting members of the Board
but who will have such other duties and responsibilities as
determined by the Board.
ARTICLE III
Section 3.01. Consulting Engineers; Construction of
System. The District and the Participating Members agree that
the District will choose the Consulting Engineers for the
System and may change Consulting Engineers at the option of the
District. The District may issue its Bonds, payable from and
secured by Annual Payments made pursuant to contracts with the
District, to acquire, construct, extend, enlarge, repair,
renovate, equip and otherwise improve the System, and agrees
that such improvement will be made in general accordance with
generally accepted engineering practices. Each Bond Resolution
of the District shall specify the exact principal amount of the
Bonds to be issued thereunder, which shall mature within the
maximum period, and shall bear interest not exceeding the
maximum allowable rates, permitted by law, and each Bond
Resolution shall create and provide for the maintenance of a
revenue fund, an interest and sinking fund, a debt service
reserve fund, and any other funds deemed advisable, all in the
manner and amounts as provided in such Bond Resolution.
Section 3.02. Ouantity and Points of Entry. (a) Except
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for reasonably small fringe areas which could be more
effectively served by other means, Argyle agrees that during
each Annual Payment Period while the system is in operation, it
shall be obligated to transport and discharge into the System
at its Point of Entry, all of the Wastewater which is generated
and collected within its boundaries, subject to the
restrictions hereinafter stated.
(b) The combined maximum hourly rate at which
Wastewater is discharged by Argyle at its Point of Entry shall
not exceed a rate which, if continued for a period of
twenty-four hours would equal 3.5 times the estimated average
daily contributing flow of Wastewater for the then current
Annual Payment Period. The total quantity of Wastewater
discharged into the System shall never exceed the amount which
the System is capable of receiving, treating, and disposing,
unless approved by the Board, subject to the terms and
conditions to be established by the District. Notwithstanding
the foregoing, no Participating Member shall ever make any
discharge into the System which would cause the System to be
overloaded or be in violation of its permits from the State
and/or the United States of America.
(c) Wastewater meeting the quality requirements of
Section 3.03 of this Contract will be received into the System
at the Point of Entry, shown on Exhibit A hereto, which Exhibit
is attached hereto and incorporated herein for all purposes,
for Argyle, or at such other Points of Entry that may be
established by mutual agreement between the District and
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I
Argyle, if such other Points of Entry are determined by the
District to be economical and beneficial to the System, and if
Argyle pays the costs thereof.
(d) It is the intention of the parties hereto that the
System shall be acquired, constructed, extended, and improved
so that at all reasonable times it will be capable of
receiving, transporting, treating, and disposing of all
eligible Wastewater generated within the collection system of
each Participating Member which such Participating Member
delivers to its Point of Entry. With prior written approval of
Argyle, the District will from time to time issue its Bonds in
such amounts as are, within its judgment and discretion,
sufficient to achieve such results.
Section 3.03. ua 't . The obligation of the District
to receive into the System such Wastewater depends upon
compliance by Argyle with the provisions of this Section.
General Objectives of Quality Recuirements.
In order to permit the District to properly treat and
dispose of Argyle's Wastewater; to protect the public health;
and to permit cooperation with other agencies which have
requirements for the protection of the physical, chemical, and
bacteriological quality of public water and water courses, and
to protect the properties of the System, Argyle agrees that:
(a) Admissible Discharges into District's System.
Discharges into the System shall consist only of Wastewater and
other waste free from the prohibited constituents listed on
Exhibit B, and limited in B.O.D., Suspended Solids, dissolved
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sulfides, and pH as provided in said Exhibit B, which is
attached hereto and incorporated herein for all purposes.
(b) Prohibited Discharge Limitations Subject to
ange. Notwithstanding the foregoing provisions of this
Section, the parties hereto agree and understand that the
District has a responsibility to operate the System in a
cost-effective, environmentally safe manner and that federal
and state regulatory agencies periodically modify standards on
prohibited discharges; therefore, revisions to, additions to,
or deletions from the items listed or incorporated in this
Section may become necessary in the future to comply with the
requirements applicable to the District and such revised
standards. It is the intention of this Contract that
prohibited discharge requirements be reviewed periodically by
the District and revised in accordance with the latest
standards of any federal or state regulatory agency having
jurisdiction over such standards. Any required revisions shall
be made and written notice thereof given to each Participating
Member. Each Participating Member shall be responsible for
integrating such changes into the local industrial waste
ordinance, resolution or regulation and notifying all affected
users of the change within ninety days following written notice
to the Participating Member of such changes. Any such change
shall automatically be incorporated in Exhibit B hereto, to the
extent applicable, unless an objection from a Participating
Member shall be filed with the District within 60 days, in
which case the District shall hold a hearing relating to such
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change or changes prior to incorporating such change or changes
in Exhibit B.
(c) To determine normal quality of Wastewater, the
District will collect samples of Wastewater at each Point of
Entry and cause same to be analyzed in accordance with testing
procedures as set forth in the latest edition of standard
14ethods of Examination of Water and Wastewater, published by
American Public Health Association, Inc., or by such other
procedures as may be established or authorized by the Board.
Composite samples may be taken monthly, or at other intervals
as necessary to determine Wastewater quality. Such Wastewater
shall not exceed the limits of concentration specified in
Exhibit B for Normal Wastewater.
Should the analysis disclose concentrations higher than
those listed, the District immediately will inform Argyle of
the violation of this Section, and such discharges shall cease
immediately. However, with the approval of the District,
Wastewater with concentrations of BOD and TSS greater than
specified above may be discharged by Argyle into the System on
an emergency and temporary basis, subject to the payment of a
surcharge (in addition to all other payments required by this
Contract), which surcharge shall be determined by the District
and shall be in an amount sufficient to cover and pay for all
additional costs of transportation, treatment, and disposal
related to such excess concentration discharges.
Section 3.04. Metering of Wastewater. Argyle agrees to
furnish and install at its own expense at the Point of Entry ,
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standard type devices and equipment and related facilities for
measuring and sampling all Wastewater to be discharged into the
System. The design and construction of such meters shall
conform to the requirements of the District, or its designee,
and plans therefore shall be submitted to the District for.
prior approval. Upon completion of construction and acceptance
by the District, the ownership of the meter facilities shall
be conveyed to the District or its designee. The District, or
its designee, will operate and maintain at its expense the
measuring equipment and devices so installed, accepted and
conveyed. Such meters and other equipment shall remain the
property of the District or its designee. The District or its
designee may from time to time inspect, calibrate, and adjust
its meters as necessary to maintain accurate measurements of
the Wastewater entering the System. Argyle shall have access
to the metering equipment at all reasonable times for
inspection and examination, but the reading, calibration, and
adjustment thereof shall be done only by employees or agents of
the District or its designee. If requested, Argyle may witness
such reading, calibration and adjustment of meters. All
readings of meters will be entered upon proper books of record
maintained by the District or its designee. Argyle may have
access to said record books during normal business hours.
Argyle may request, in writing, that the District calibrate its
meter or meters. The District will make or cause to be made up
to two (2) such calibrations in any fiscal year at no charge to
the requesting Participating Member. All requested
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calibrations in excess of two (2) will be made at the expense
of the requesting Participating Member, except when the
accuracy of the meter is beyond the limits specified herein, in
which case the District shall bear such expense. If, for any
reason, any meter is out of service or out of repair, or if,
upon any test, the percentage of inaccuracy of any meter is
found to be in excess of five (5%) percent, registration
thereof shall be corrected for a period of time extending back
to the time when such inaccuracy began, if such time is
ascertainable, and if not ascertainable, then for a period
extending back one-half (1/2) of the time elapsed since the
date of the last calibration, but in no event further back than
a period of six (6) months. Any Participating Member may, at
its option and its own expense, install and operate a check
meter to check each meter installed by the District, but the
measurement for the purpose of this Contract shall be solely by
the District's meters, except as in this Section specifically
provided to the contrary. All such check meters shall be of
standard make, shall be installed in a location approved by the
District or its designee, and shall be subject at all
reasonable times to inspection and examination by any employee
or agent of the District, but the reading, calibration, and
adjustment thereof shall be made only by Argyle, except during
any period when a check meter may be used under specific
written consent by the District for measuring the amount of
Wastewater delivered into the System, in which case the
reading, calibration, and adjustment thereof shall be made by
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the District or its designee.
Section 3.05. Unit of Measurement. The unit of
measurement for Wastewater discharged into the System hereunder
shall be 1,000 gallons, U.S. Standard Liquid Measure.
Section 3.06. Title to and Liability for Damages and
Responsibility for Treatment and Disposal of Wastewater.
Liability for damages arising from the transportation,
delivery, reception, treatment, and/or disposal of all
Wastewater discharged into the System hereunder shall remain
Argyle's to the Point of Entry, and title to such Wastewater
shall be in the name of Argyle to the Point of Entry, and upon
passing through Point of Entry, title to such Wastewater and
liability for such damages shall pass to the District. As
between the District and Argyle, each party agrees to indemnify
and to save and hold the other party harmless from any and all
claims, demands, causes of action, damages, losses, costs,
fines, and expenses, including reasonable attorney's fees,
which may arise or be asserted by anyone at any time on account
of the transportation, delivery, reception, treatment, and/or
disposal while title to the Wastewater is in such party, or on
account of a prohibited discharge by a Participating Member.
The District has the responsibility as between the parties for
the proper reception, transportation, treatment, and disposal
of all Wastewater discharged into the System, but not for
prohibited discharges by any party at any Point of Entry. The
District may after treatment of such Wastewater reclaim and
sell the water. Any net revenues and other benefits of such
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reclamation and sale shall be fairly apportioned among the
members and customers of the District.
Section 3.07. Reporting Requirements. (a)
Approximately thirty days after the end of each Annual Payment
Period, Argyle shall furnish in writing to the District the
following information:
(1) The number of active domestic sewer connections
tributary to the System and which will be served by the System;
(2) The number of commercial and business sewer
connections to be served by the System;
(3) The number of industrial connections to be served
by the System, with name and location of each.
(4) An estimate of the projected annual wastewater
flow into the System by the Participating Member for the next
five (5) years.
The purpose of this provision is to permit the District
to accumulate statistical data which will enable it to plan for
adequate service and facilitate plans for betterment and future
facilities expansion.
(b) Industrial Waste. The effects of certain types of
industrial waste upon sewers and sewage treatment processes are
such as to require that careful consideration be made of each
industrial connection. To accomplish the purpose of the
National Industrial Waste Control Program, when Argyle has an
industrial customer, Argyle shall obtain approval by the U.S.
Environmental Protection Agency of it's industrial waste
pretreatment program or contract with the District or its
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designee to administer the program for Argyle. If Argyle
chooses to administer its own program, it shall regulate by
permit the discharge of industrial waste generated by a SIU
into its sewer system, and will authorize discharge of
industrial waste into its sewers subject to the general
provision that no harm will result from such discharge and
subject to the filing by applicant industry of a statement,
copy of which shall be forwarded to the District, containing
the following information:
(1) Name and address of applicant;
(2) Type of industry;
(3) Total quantity of plant waste produced;
(4) Quantity of plant wastes proposed to be discharged;
(5) Typical analysis of the waste;
(6) Type of pre-treatment proposed.
To facilitate inspection and control of industrial waste,
Argyle will require industries to separate industrial waste
from sanitary sewage until such industrial waste has passed
through a monitoring portal which shall be located so as to be
accessible at all times to inspectors of Argyle and the
District. If inspection indicates that damage might result
from the discharge the permit shall be revoked unless and until
the industry promptly establishes acceptable remedial
measures. As necessary and indicated, the District will
collect and analyze samples of all Wastewater in accordance
with Section 3.03 at each Point of Entry. Such Wastewater
shall not contain prohibited constituents or exceed the limits
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of concentration specified in Section 3.03 of this Contract.
Should the analysis disclose prohibited constituents or
concentrations higher than those stipulated the District
immediately will inform Argyle of such unauthorized wastes. It
shall be the obligation of Argyle to require the offending
originator of said waste to immediately initiate and undertake
remedial pre-treatment or other legal means before further
discharge into such Participating Member's sewers.
(c) Ordinances Resolutions, Orders. Argyle agrees
that it has enacted or will enact on a timely basis ordinances,
resolutions, or orders, as appropriate, as necessary to include
the following provisions:
(1) For each existing and future SIU, Argyle shall
require said user to complete and submit a permit application
containing information specified in a sample application form
to be furnished by the District. The District shall be
provided a copy of the permit application within thirty days
after receipt by Argyle. The District shall provide written
comments to Argyle regarding said application within thirty
days of receipt. Failure to comment shall be construed as
concurrence by the District.
After approval of the Permit Application by Argyle,
Argyle shall issue a discharge permit containing standard
requirements as specified in a sample permit form to be
furnished by the District. Said discharge permit shall be
required of all SIU's before said user will be allowed to
discharge industrial wastes into the sewage system. The
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District reserves the right upon notice to Argyle to review all
Permit Applications and the proposed permit before issuance.
In the absence of such notice, such review and issuance shall
be accomplished by Argyle without the necessity for District
review and approval, subject to periodic inspection of records
by the District. It is mutually agreed that unless Argyle
obtains approval by the U.S. Environmental Protection Agency of
its Industrial Pretreatment Program that it will contract with
the District or its designee to administer said pretreatment
program and will pay the cost of such program, including all
monitoring, sampling and testing or will cause said cost to be
paid by the affected industry.
(2) Argyle shall require Significant Industrial Users
to comply with applicable Federal Categorical Pre-treatment
Standards as well as any applicable state and local standards.
(3) Argyle shall maintain certain information
contained in permit applications as confidential at SIU's
request.
(4) Argyle shall not allow a user to employ dilution
as a means of reducing pollutant concentrations in an SIU's
waste stream.
(5) Argyle and the District or its designee shall be
authorized to enter SIU premises at any time for independent
monitoring, inspection, or review of applicable records to
determine compliance.
(6) Argyle shall develop and require adherence to SIU
compliance schedules.
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(7) Argyle shall require self-monitoring and reporting
at SIU's expense.
(8) Argyle shall choose or approve laboratory to
analyze industrial wastes.
(9) Argyle shall require SIU's to pay applicable fees
for:
(i) sampling and testing to determine
compliance;
(ii) disconnection/reconnection of service
resulting from noncompliance;
(iii) excess concentrations above the criteria
for Normal Wastewater;
(iv) additional costs incurred by Argyle or the
District in transporting or treating
wastes; and
(v) filing, revision, or renewal of Permit
Application
(10) Argyle shall provide prompt notification to the
permit holder and the District for instances of violation.
(11) Argyle shall deny/revoke permit,
disallow/disconnect service, assess civil or criminal
penalties, and seek other available legal and equitable
remedies against SIU for:
(i) discharge to sewerage system resulting in
violation of applicable POTW discharge
permit conditions;
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(ii) hazard to health or life of POTW personnel
or users of receiving waters;
(iii) violation of any applicable ordinance or
regulation; and
(iv) false information transmitted to Argyle
through Permit Application, monitoring
reports, etc.;
Argyle shall furnish to the District all documents and records,
in addition to those outlined herein, as necessary to
demonstrate compliance by all industries.
Section 3.08. Other Contracts. (a) The District
reserves the right to enter into contracts to provide the
Wastewater services of the System to Additional Participating
Members under contracts similar to this Contract. Each contract
with any Additional Participating Member shall comply with the
requirements of this Contract, shall substantially restate the
essential provisions of this Contract, and shall be structured
to be similar hereto to the fullest extent applicable and
practicable, with such additions or changes as are necessary to
meet the actual circumstances, with the effect that each
Additional Participating Member will substantially adopt the
provisions of this Contract, as supplemented and necessarily
changed by its contract. However, the District shall not
obligate itself to receive Wastewater into the System from a
future Additional Participating Member if, in the judgment and
discretion of the District, such obligation would jeopardize
the District's ability to meet its obligation to receive,
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transport, treat and dispose of Wastewater discharged into the
system by prior Participating Members, including specifically
Argyle.
(b) It is further recognized and agreed that in the
future the District may provide services of the System to
parties which are not Additional Participating Members,
provided that all such services of the System to parties which
are not Additional Participating Members shall in all respects
be subordinate to the prior rights of the Participating
Members, and all contracts or other arrangements relating to
such services shall recognize, and be made subordinate to, such
prior rights.
(c) The parties hereto recognize and acknowledge that
it is the policy and practice of the District that any other
party that desires to receive service from the System shall
contract directly with the District to become a Customer of the
District or a Participating Member. However, in exceptional
circumstances Argyle may propose, and with the approval of the
District, may negotiate and enter into subcontracts with
another city or other entity for wastewater service. Any such
Wastewater to be discharged into the System under such
subcontract shall be generated within the planned boundaries of
the System, but outside the boundaries of Argyle, and shall be
discharged into Argyle's sewers, to be transported into the
System at Argyle's Point of Entry along with Argyle's
Wastewater. In such case the additional Wastewater shall be
regarded as being Argyle's Wastewater for all purposes of this
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Contract. If such arrangement is approved by the District, the
consideration as between or among such cities or other entities
may be determined by such parties, but no such transaction
shall relieve Argyle of its obligations to the District under
the terms of this Contract.
(d) The District reserves the right to contract with
Contract Members.
Section 3.09. Customer Advisory Council. (a) The
governing Body of each of the Participating Members annually
may appoint one of the members of its governing body or one of
its employees as a member of the Customer Advisory Council for
the District, which Council is hereby created and established.
The Council, at its first meeting, shall elect a Chairman, a
vice Chairman, and a Secretary. The Council may establish
bylaws governing the election of officers, meeting dates and
other matters pertinent to its function. The Council shall
consult with and advise the District and the Board with regard
to the following matters pertaining to the District:
(i) The issuance of Bonds;
(ii) The operation and maintenance of the District and
the System;
(iii) Contracts for services to Customers;
(iv) The District's Annual Budget, prior to its
submission to the Board;
(v) Review of the District's annual audit;
(vi) All other pertinent matters relating to operation
of the District and the System; and
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(vii) Improvements and extensions of the System.
The Council shall have access to and may inspect at any
reasonable times all physical elements of the System and all
records and accounts of the District pertaining to the System.
(b) The term of membership on the Council shall be at
the pleasure of each governing body represented, respectively,
and each member shall serve until replaced by such governing
body. All expenses of the Council in discharging its duties
under this Section shall be considered as an Operation and
Maintenance Expense of the District.
Section 3.10. Fiscal Provisions. (a) Subject to the
terms and provisions of this Contract, the District will
provide or contract for and pay for the cost of the System. It
is acknowledged and agreed that payments to be made under this
Contract and similar contracts with Additional Participating
Members, if any, will be the primary source available to the
District to provide the Annual Requirement. In compliance with
the District's duty to fix and from time to time to revise the
rates and charges for services of the System, the Annual
Requirement may change from time to time. Each such Annual
Requirement shall be allocated among the Participating Members
as hereinafter provided, and the Annual Requirement for each
Annual Payment Period shall be provided for in each Annual
Budget and shall at all times be not less than an amount
sufficient to pay or provide for the payment of:
(A) An amount equal to the amount paid or payable for
all Operation and Maintenance Expenses; and
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(B) An amount deemed appropriate and necessary by the
Board to be required as a special reserve for
operation and maintenance expenses of the System
or for capital improvements. Any such reserve
shall be used as operating capital for Operation
and Maintenance Expenses, for emergency expenses
and a fluctuating reserve for additions to or
shortfalls in the annual revenues of the System.
The normal level of such reserve shall not exceed
25% of the annual Operation and Maintenance
Expenses (estimated to be approximately three (3)
months expenses).
Section 3.11. Annual Budget. Each Annual Budget for the
System shall always provide for amounts sufficient to pay the
Annual Requirement. The Annual Budget for the System for all
or any part of the Annual Payment Period during which the
System is first placed into operation shall be prepared by the
District based on estimates made by the District. On or before
June 15 of each year after the System is first placed in
operation, the District shall furnish to each Participating
Member a preliminary estimate of the Annual Payment required
from each Participating Member for the next following Annual
Payment Period. Not less than forty days before the
commencement of the Annual Payment Period after the System is
first placed into operation, and not less than forty days
before the commencement of each Annual Payment Period
thereafter, the District shall cause to be prepared as herein
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provided its preliminary budget for the system for the next
ensuing Annual Payment Period. A copy of such preliminary
budget shall be filed with each Participating Member for review
before action by the Board. Any Participating Member may
submit comments about the preliminary budget directly to the
Board. The Board may adopt the preliminary budget or make such
amendments thereof as to it may seem proper. The budget thus
approved by the Board shall be the Annual Budget for the next
ensuing Annual Payment Period. The Annual Budget (including
the first Annual Budget) may be amended by the District at any
time to transfer funds from one account or fund to another
account or fund so long as such transfer will not increase the
total budget. The amount for any account or fund, or the
amount for any purpose, in the Annual Budget may be increased
through formal action by the Board even though such action
might cause the total amount of the Annual Budget to be
exceeded; provided that such action shall be taken only in the
event of an emergency or special circumstances which shall be
clearly stated in a resolution at the time such action is taken
by the Board.
Section 3.12. Pa,, ents by Participating Members. (a)
For the Wastewater services to be provided to the Participating
Members under this Contract, each of the Participating Members
agrees to pay, at the time and in the manner hereinafter
provided, its proportionate share of the Annual Requirement.
Each of the Participating Members shall pay its part of the
Annual Requirement for each Annual Payment Period directly to
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the District, in monthly installments in accordance with the
schedule of payments furnished by the District, as hereinafter
provided.
(b) Each Participating member shall pay a
proportionate share of the Annual Requirement according to the
relative flow contribution it makes to the total System flow.
The District shall estimate its cost per 1,000 gallons of flow
and shall establish a price per 11000 gallons of flow for
purposes of determining the monthly payment to be made by each
Participating Member.
(c) It is provided, however, that in estimating costs
for services, the District is specifically authorized to
include in such estimate of costs reasonable contributions to
reserve funds as provided in Section 3.10(B). This fiscal
policy is expressly approved by the Participating Members and
is deemed by the parties hereto to be beneficial in the fiscal
management of the System, and will assure the timely
availability of funds even under unexpected circumstances.
Upon receipt during any Annual Payment Period of an amount
sufficient to meet the then current Annual Budget of the System
for the remainder of the then current Annual Payment Period,
the District shall deposit subsequent revenues received into
appropriate reserve or contingency accounts, unless otherwise
specifically hereinafter provided in the event of unexpected or
additional Annual Budget requirements. If there is a shortfall
in revenues, the District may withdraw from the reserves,
adjust the Annual Requirement, revise the payment schedule or
do any combination
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thereof.
(d) All such payments for each Annual Payment Period
shall be made in accordance with a written schedule of payments
for the appropriate Annual Payment Period which will be
supplied to each of the Participating Members by the District.
Such schedule of payments may be based on the use of monthly
flow volumes as determined by meter readings or estimates of
flow or may be based on other factors determined by the
District, but in no case shall a Participating Member's Annual
payment requirement exceed its pro rata share of the System
cost. At the close of each Annual Payment Period the District
shall determine the actual metered number of gallons of
contributing flow of Wastewater discharged into the System by
each Participating Member during said period and make
adjustments in billings that may be indicated.
(e) Notwithstanding the foregoing, the Annual
Requirement, and each Participating Member's share thereof,
shall be redetermined, after consultation with each of the
Participating Members, at any time during any Annual Payment
Period, to the extent deemed necessary or advisable by the
District, if:
(i) The District commences furnishing services of the
System to an Additional Participating Member or
Participating Members:
(ii) Unusual, extraordinary, or unexpected expenditures
for operation and maintenance expenses are
required which are not provided for in the
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District's Annual Budget or reserves for the
System;
(iii) Operation and maintenance expenses of the System
are substantially less than estimated;
(iv) The City of Argyle authorizes the District to
issue Bonds; or
(v) The District receives either significantly more or
significantly less revenues or other amounts than
those anticipated.
(f) During each Annual Payment Period, all revenue
received by the District from providing services of the System
to parties which are not Participating Members shall be used to
help cover the costs of the System. All payments made by
Contract Members and all surcharges collected from any Customer
or Participating Member under Section 3.03 of this Contract
shall be used to cover other costs of the System and of the
District. Under any of the provisions of this Subsection (f),
the revenues, payments and surcharges shall not be used to pay
expenses which are the obligation of Argyle under this Contract.
(g) Each Participating Member hereby agrees that it
will make payments to the District required by this Contract
within 20 days of the date a bill for service is rendered. If
any Participating Member at any time disputes the amount to be
paid by it to the District, such complaining party shall
nevertheless promptly make such payment or payments, but if it
is subsequently determined by agreement or court decision that
such disputed payments made by Argyle should have been less, or
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more, the District shall promptly revise and reallocate the
charges to Argyle in such manner that Argyle will recover its
overpayment or the District will recover the amount due it.
All amounts due and owing to the District by each Participating
Member or due and owing to any Participating Member by the
District shall, if not paid when due, bear interest at the rate
of ten (10) percent per annum from the date when due until paid.
(h) The District shall, to the extent permitted by
law, discontinue the services of the System to any
Participating Member which remains delinquent in any payments
due hereunder for a period of sixty days, and shall not resume
such services while such Participating Member is so
delinquent. However, the District shall pursue all legal
remedies against any such delinquent Participating Member to
enforce and protect the rights of the District, the other
Participating Members, and the holders of the Bonds. The
delinquent Participating Member shall not be relieved of the
liability to the District for the payment of all amounts which
would have been due hereunder had no default occurred. If any
amount due and owing the District by any Participating Member
is placed with an attorney for collection, such Participating
Member shall pay to the District all attorneys fees, in
addition to all other payments provided for herein, including
interest.
(i) If, during any Annual Payment Period, any
Participating Member's Annual Payment is redetermined in any
manner as provided or required in this Section, the District
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will promptly furnish such Participating Member with an updated
schedule of monthly payments reflecting such redetermination.
Section 3.13. Miscellaneous Provisions. (a) The
District will continuously operate and maintain the System in
an efficient manner and in accordance with good business and
engineering practices, and at reasonable cost and expense.
(b) Argyle agrees to carry fire, casualty, public
liability, and other insurance on the Trunk Sewer and other
facilities used to pump and transport the wastewater to the
System for purposes and in amounts which ordinarily would be
carried by a privately owned utility company owning and
operating such facilities, except that Argyle shall not be
required to carry liability insurance except to insure itself
against risk of loss due to claims for which it can, in the
opinion of its legal counsel, be liable under the Texas Tort
Claims Act or any similar law or judicial decision. Such
insurance will provide, to the extent feasible and practicable,
for the restoration of damaged or destroyed properties and
equipment, to minimize the interruption of the services of such
facilities.
(c) It is the intent of the parties that the Project
will be placed in operation as soon as practicable, and Argyle
agrees to proceed diligently with the design and construction
of the Trunk Sewer and metering facilities and that the
District will expedite the Project to meet such schedule,
subject to the other terms and conditions in this Contract. If
Argyle is unable to, or is prevented from, completing the Trunk
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Sewer in a reasonable period of time, this Contract is subject
to renegotiation by all parties thereto.
(d) Argyle represents and covenants that all payments
to be made by it under this Contract shall constitute
reasonable and necessary operating expenses of its sewer system
within the scope of the provisions of Vernon's Ann. Civ. St.
Article 1113, and that all such payments will be made from the
system revenues or any other lawful sources. Argyle represents
and has determined that the services to be provided by the
System are necessary and essential to the present and future
operation of its City and wastewater system, and that the
System constitutes the best long-term method for discharging,
receiving, treating, and disposing of its wastewater, and,
accordingly, all payments required by this Contract to be made
by Argyle shall constitute reasonable and necessary operating
expenses of its system, respectively, as described above, with
the effect that the obligation to make such payments from any
lawful source, including revenues of such system, shall have
priority over any obligation to make any payments from such
lawful source, including revenues of such system, of principal,
interest, or otherwise, with respect to all bonds or other
obligations heretofore or hereafter issued by Argyle.
(f) Argyle agrees throughout the term of this Contract
to continuously operate and maintain its sewer system and to
fix and collect such rates and charges or taxes for sewer
services to be supplied by its wastewater system as will
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produce revenues in an amount equal to at least (i) all of the
expenses of operation and maintenance expenses of such system
or systems, including specifically its payments under this
Contract, and (ii) all other amount as required by law and the
provisions of the ordinance or resolutions authorizing its
revenue bonds or other obligations now or hereafter
outstanding, including the amounts required to pay all
principal of and interest on such bonds and other obligations.
(g) The District covenants and agrees that the moneys
paid to it pursuant to this Contract will not be used for any
purposes, except .those directly relating to the System. Each
of the Participating Members covenants and agrees that it will
not use or permit the use of the System in any manner that
would cause the interest on any of the bonds of the District or
of the-City of Denton to be or become subject to federal income
taxation under the Code or any amendments thereto in effect on
the date of issue of such bonds.
(h) Each Participating Member hereby grants to the
District without additional cost to the District, the perpetual
use of the streets, easements, and rights-of-way under its
control for the construction, operation, and maintenance of the
System and the Project. .
(i) The parties hereto acknowledge and agree to the
Special Provisions which are set forth in Exhibit C hereto
which Exhibit is incorporated herein for all purposes.
Section 3.14. Eorce Maje= If by reason of force
majeure any party hereto shall be rendered unable wholly or in
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part to carry out its obligations under this Contract, other
than the obligation of each Participating Member to make the
payments required under Section 3.12 of this Contract, then if
such party shall give notice and full particulars of such force
majeure in writing to the other parties within a reasonable
time after occurrence of the event or cause relied on, the
obligation of the party giving such notice, so far as it is
affected by such force majeure, shall be suspended during the
continuance of the inability then claimed, but for no longer
period, and any such party shall endeavor to remove or overcome
such inability with all reasonable dispatch. The term "Force
Majeure" as employed herein shall mean acts of God, strikes,
lockouts or other industrial disturbances, acts of public
enemy, orders of any kind of the Government of the United
States or the State of Texas, or any Civil or military
authority, insurrection, riots, epidemics, landslides,
lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents
to machinery, pipelines or canals, partial or entire failure of
water supply, or on account of any other causes not reasonably
within the control of the party claiming such inability.
Section 3.15. limitations and Conditions /Future Bonds.
To provide the services and to perform the obligations
contemplated in this Contract, it is the intent of both Argyle
and the District to make interim use of surplus capacity in
pipelines, treatment works and other facilities of City of
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Denton. To that end, the District has entered into a contract
with the city of Denton, a copy of which is incorporated herein
as Exhibit D. It is expressly understood that the Denton
Contract may require the District to participate with the City
of Denton in the construction of expanded or additional
pipelines, treatment works or additional facilities in order to
assure the capability to transport and treat the wastewater to
be discharged by Argyle into the System. The District retains
the right and option to construct its own facilities or to
contract with parties other than the City of Denton, if in the
District's judgment such other facilities or contracts would
allow the District to provide more dependable or economical
service to Participating Members.
If the District determines that it will be necessary to
construct capital facilities in order to fulfill its
obligations under this Contract, the District will notify
Argyle and will discuss alternatives with Argyle. If the
construction of such facilities requires the sale and issuance
of bonds, it is understood and Argyle agrees that it will enter
into an amended, acceptable contract with the District legally
and factually sufficient to allow the District to issue the
District's Bonds. The District will make its best and
reasonable efforts to sell said Bonds. The District will make
use of the temporarily surplus facilities of the City of Denton
as long as such facilities are adequate, available and
advantageous to the District and Argyle. However, because this
Contract is for an extended period of time and because Argyle
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desires assurance of service for the entire term of the
Contract, the District reserves the right and recognizes its
duty to take such action as may be necessary to fulfill the
requirements of the Contract. Argyle recognizes and agrees
that the District on behalf of Argyle and other Participating
Members, may have to develop and implement plans not
contemplated at the date of execution of this Contract.
Accordingly, Argyle agrees to enter into an amended contract on
reasonable terms as may be required to allow the District to
fulfill its obligations hereunder. Otherwise, the District may
declare the contract to be in default and to give reasonable
notice of termination of service hereunder.
Section 3.16. Term of Contract; Modification; Notices;
state or Federal laws Rules Orders or Reaulations. (a) This
Contract shall be effective on and from the Contract Date, and
shall continue in force and effect until September 1, 2010;
provided, however, the term of the Contract and the expiration
date may be extended for a period not to exceed 20 years at the
option of Argyle, upon the mutual agreement of Argyle and the
District as to the terms and conditions. The District's
obligation to provide the contracted for services shall
commence from the date that the District, in writing, deems the
System operational and functional to receive, treat, and
dispose of wastewater from any Participating Member. This
Contract constitutes the sole agreement between the parties
hereto with respect to the Project.
(b) Modification. No change, amendment or
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modification of this Contract shall be made or be effective
which will affect adversely the prompt payment when due of all
moneys required to be paid by Argyle and no such change,
amendment or modification shall be made or be effective which
would cause a violation of any provisions of any susequent Bond
Resolution.
(c) Addresses and Notice. Unless otherwise provided
herein, any notice, communication, request, reply or advice
(herein severally and collectively, for convenience, called
"Notice") herein provided or permitted to be given, made or
accepted by any party to any other party must be in writing and
may be given or be served by depositing the same in the United
States mail postpaid and registered or certified and addressed
to the party to be notified, with return receipt requested, or
by delivering the same to an officer of such party, or by
prepaid telegram when appropriate, addressed to the party to be
notified. Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be
effective, unless otherwise stated herein, from and after the
expiration of three days after it is so deposited. Notice
given in any other manner shall be effective only if and when
received by the party to be notified. For the purposes of
notice, the addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the District, to: If to Argyle, to:
Upper Trinity Regional City of Argyle
Water District P.O. Box 1035
396 W. Main Street Argyle, Texas 76226
P. 0. Drawer 305
Lewisville, Texas 75067
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0631x
The parties hereto shall have the right from time to time
and at any time to change their respective addresses and each
shall have the right to specify as its address any other
address by at least fifteen (15) days' written notice to the
other parties hereto.
(d) State or Federal Laws Rules Orders or
Regulations. This Contract is subject to all applicable
Federal and state laws and any applicable permits, ordinances,
rules, orders and regulations of any local, state or federal
governmental authority having or asserting jurisdiction, but
nothing contained herein shall be construed as a waiver of any
right to question or contest any such law, ordinance, order,
rule or regulation in any forum having jurisdiction.
Section 3.17. Remedies Upon Default. It is not intended
hereby to specify (and this Contract shall not be considered as
specifying) an exclusive remedy for any default, but all such
other remedies (other than termination) existing at law or in
equity may be availed of by any party hereto and shall be
cumulative. Recognizing however, that the District's
undertaking to provide and maintain the services of the System
is an obligation, failure in the performance of which cannot be
adequately compensated in money damages alone, the District
agrees, in the event of any default on its part, that each
Participating Member shall have available to it the equitable
remedy of mandamus and specific performance in addition to any
other legal or equitable remedies (other than termination)
which may also be available. Recognizing that failure in the
performance of any Participating Member's obligations hereunder
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could not be adequately compensated in money damages alone,
each Participating Member agrees in the event of any default on
its part that the District shall have available to it the
equitable remedy of mandamus and specific performance in
addition to any other legal or equitable remedies (other than
termination) which may also be available to the District.
Notwithstanding anything to the contrary contained in this
Contract, any right or remedy or any default hereunder, except
the right of the District to receive the Annual Payment which
shall never be determined to be waived, shall be deemed to be
conclusively waived unless asserted by a proper proceeding at
law or in equity within two (2) years plus on (1) day after the
occurrence of such default. No waiver or waivers of any breach
or default (or any breaches or defaults) by any party hereto or
of performance by any other party of any duty or obligation
hereunder shall be deemed a waiver thereof in the future, nor
shall any such waiver or waivers be deemed or construed to be a
waiver of subsequent breaches or defaults of any kind,
character or description, under any circumstance.
Section 3.18. Severability. The parties hereto
specifically agree that in case any one or more of the
sections, subsections, provisions, clauses or words of this
Contract or the application of such sections, subsections,
provisions, clauses or words to any situation or circumstance
should be, or should be held to be, for any reason, invalid or
unconstitutional, under the laws or constitutions of the state
or the United States of America, or in contravention of any
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such laws or constitutions, such invalidity, unconstitution-
ality or contravention shall not affect any other sections,
subsections, provisions, clauses or words of this Contract or
the application of such sections, subsections, provisions,
clauses or words to any other situation or circumstance, and it
is intended that this Contract shall be severable and shall be
construed and applied as if any such invalid or unconstitu-
tional section, subsection, provision, clause or word had not
been included herein, and the rights and obligations of the
parties hereto shall be construed and remain in force
accordingly.
Section 3.19. Venue. All amounts due under this
Contract, including, but not limited to, payments due under
this Contract or damages for the breach of this Contract, shall
be paid and be due in Denton County, Texas, which is the County
in which the principal administrative offices of the Authority
are located. It is specifically agreed among the parties to
this Contract that Denton County, Texas, is the place of
performance of this Contract; and in the event that any legal
proceeding is brought to enforce this Contract or any provision
hereof, the same shall be brought in Denton County, Texas.
IN WITNESS WHEREOF, the parties hereto acting under
authority of their respective governing bodies have caused this
Contract to be duly executed in several counterparts, each of
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which shall constitute an original, all as of the day and year
first above written, which is the date of this Contract.
UPPER TRINITY REGIONAL
WATER DISTRICT
BY:'
Pre nt, rO of Directors
ATTEST:
Secretary, Board of Directors
(AUTHORITY SEAL)
APPROVED AS TO FORM AND LEGALITY:
Counsel for the Dist ct
CITY OF ARGYLE, TEXAS
By:
ayor, Ci y of Argyle, Texas
ATTEST:
City Secretary, City of
Argyle, Texas
APPROVED AS TO FORM:
City Attorney
City of Argyle, Texas
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EXHIBIT A
POINT OF ENTRY
CITY OF ARGYLE CONTRACT
EXHIBIT B
Wastes Not Admissible. Gasoline; cleaning solvents; non
emulsified oils and greases; mineral oils; ashes; cinders;
sand; gravel; tar; asphalt; ceramic wastes; plastics; other
viscous substances; feathers; hair; rags; metal; metal filings;
glass; wood shavings; sawdust; unshredded garbage; toxic,
corrosive, explosive or malodorous gases; acetylene generation
sludge; cyanides or cyanide or cyanogen compounds capable of
liberating hydrocyanic gas on acidification in excess of 2 mg/1
by weight as CN; radioactive materials which will permit a
transient concentration higher than 100 microcuries per liter;
emulsified oil and grease, exclusive of soaps, exceeding on
analysis an average of 100 mg/l of ether-soluble matter; acids
or alkalis having a pH value lower than 6.0 or higher than
10.0; and Wastewater containing specific pollutant
concentrations in excess of any of the numerical limitations
named hereunder shall be prohibited from discharge to the
Systems
Maximum Allowable
Pollutant
Concentration (ug11)
Arsenic
Barium
Cadmium
Chromium
Copper
Lead
Manganese
Mercury
Nickel
Selenium
Silver
Zinc
Total Toxic Organics
Requirements for Normal Wastewater
100
1,000
50
500
500
500
1,000
5
1,000
50
50
1,000
1,000
(a) Biochemical Owen Demand (B.O.D.). B.O.D. of
Wastewater delivered to the System, as determined by standard
methods, shall not exceed 250 mg/1.
(b) Total Suspended Solids. Total Suspended Solids
delivered to the System as determined by Standard Methods,
shall not exceed 250 mg/1.
(c) Hydrogen Ion Concentration (PH). The pH of
Wastewater delivered to the System shall not be lower than 6.0
nor higher than 10.0. No acids shall be discharged into the
System unless neutralized to a pH of 6.0 or more.
(d) Hydrogen Sulfide Concentration. Dissolved
sulfides in Wastewater at the point of delivery to the System
shall not exceed 0.1 mg/1.
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EXHIBIT C
Special Provisions for the City of Argyle, Texas
The provisions of this Exhibit C form a part of the
Contract and are applicable to the District and to Argyle as if
set forth in the body of the Contract.
1) In this Contract, the term "Trunk System" shall
mean the wastewater outfall pipeline used to transport
wastewater from Argyle's collection system to City of Denton's
wastewater interceptor in Hickory Creek, which pipeline shall
be constructed, owned, operated and maintained by, at the
expense of and for the benefit of Argyle.
2) The District and Argyle agree that subject to the
approval of any city having jurisdiction over such customer,
Argyle may contract with retail customers along the route of
the Trunk System at Argyle's expense. Unless otherwise agreed
in writing, such customers shall be considered to be customers
of Argyle whether in or out of the City of Argyle and Argyle
shall take full responsibility for the wastewater quantity and
quality and for enforcement of the provisions of this
Contract. The flow for such customers shall be included in the
flow metered at the Point of Entry and shall be included in all
bills rendered to Argyle.
3) Performance of this Contract by both parties will
necessarily be accomplished in phases and will require the
utmost in cooperation, trust, goodwill and due diligence.
Subsequent phases will require additional or amended
agreements. Nonetheless, it is the intention and commitment of
both parties that this Contract will provide the basis for
long-term wastewater treatment services adequate for Argyle's
future needs, growth and economic development.
4) Phase I is defined herein as the Project. Argyle
has the responsibility under Phase I to construct, operate and
maintain a Trunk System to connect to the Denton Interceptor in
Hickory Creek to make available the services of the System as
defined herein. The District has the responsibility to
negotiate rates and charges with the City of Denton, to plan
for future needs of Argyle, to coordinate the needs of services
for Argyle with other Customers of the District and System, and
upon notice from the City of Denton, to negotiate a Joint
Development Contract for permanent treatment plant capacity for
Argyle and other Participating Members of the System, and to
represent Argyle's interest in regulatory proceedings as may be
indicated.
5) The District acknowledges its duty under the
Contract to carry out its responsibilities with due diligence
and in a proficient manner so that the services provided will
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063lx
be adequate and at reasonable costs. Argyle recognizes its
duty to pay its prorata share of costs associated with the
contract between the District and Denton, and to pay other
direct expenses the District associated with providing the
service provided for in this Contract, and together with all
Participating Members, Contract Members and Customers of the
District to pay a pro rata share of the general administrative
and planning costs of the District.
6) Both parties acknowledge that "Denton County Water
and Wastewater Study Regional Master Plan for the Year 2010"
indicates an intention to serve a small area south and
southwest of Argyle through a common wastewater line through
Argyle connecting with the Denton Hickory Creek Interceptor.
However, both parties agree that such service is not provided
for in this Project. If such service is proposed at a future
date, any use of the Trunk System being constructed by Argyle
as part of this Project will require agreement by Argyle and
appropriate compensation to Argyle.
7) Argyle agrees to use its lawful powers to require
parties to connect to a wastewater collection system under
reasonable rules as such collection system may be extended from
time to time.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT
TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL
WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING
THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING FOR
RETROACTIVE EFFECT OF SAID AMENDMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 90-186, passed by the City Council on November 20,
1990, the City Council authorized the Mayor to execute an "Interim Wastewater Treatment
Service Contract Between the City of Denton, Texas and the Upper Trinity Regional Water
District" (the "Contract"); thereafter the City of Denton (the "City") and the Upper Trinity
Regional Water District (the "UTRWD") executed and entered into said Contract on November
20, 1990; and
WHEREAS, the City and the UTRWD have operated under the terms and provisions of
said Contract continuously since November 20, 1999. However, Article VIII., Section 8.1 of the
Contract provides that the Contract will terminate on December 31, 1999; and
WHEREAS, because the City and the UTRWD are currently negotiating the terms for a
new wholesale wastewater treatment service contract, it is the mutual desire of the City and the
UTRWD to extend the term of the Contract for an additional six (6) months, so that the Contract
will continue in full force and effect and will terminate instead, on June 30, 2000; and the City
and the UTRWD mutually desire that the existing Contract continue in full force and effect,
without lapse, expiration, or interruption while their respective governing bodies approve and
enter into an "Amended Interim Wastewater Treatment Services Contract Between the City of
Denton and the Upper Trinity Regional Water District' (the "Amended Contract") providing for
such six (6) month extension of time; and
WHEREAS, the City Council deems it in the public interest to enter into the Amended
Contract with the UTRWD to extend the current term of the "Contract" for an additional six (6)
month period; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute an "Amended
Interim Wastewater Treatment Services Contract Between the City of Denton and the Upper
Trinity Regional Water District" substantially in the form of the Amended Contract attached
hereto and incorporated herewith by reference.
D n rzr7 1
SECTION 2. That the City Secretary is hereby directed to affix a copy of this Ordinance
to Ordinance No. 90-186, and inscribe thereon the notation that the Amended Contract has been
amended by the adoption of this Ordinance.
SECTION 3. That this Amended Contract is hereby ratified, confirmed, and
retroactively approved, and shall be effective from and after January 1, 2000, so that the Contract
heretofore executed by the City and the UTRWD on November 20, 1990, shall remain and
continue in full force and effect, without lapse or interruption.
SECTION 4. That except as otherwise provided in Section 3 hereinabove, this Ordinance
shall become effective immediately upon its pass age and approval.
PASSED AND APPROVED this the ~t ~h day of 2000.
JAC LLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
n
By:
S `Our Documents\OrdmancesM\UTRW D - COD - WW - Amend Agrmt Ord.doc
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AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT
SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE
UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON
NOVEMBER 20, 1990
WHEREAS, the City of Denton, Texas (hereinafter the "CITY"), a Texas Municipal
Corporation, and a Home-Rule City under the laws of the State of Texas, heretofore entered into
an "Interim Wastewater Treatment Services Contract Between the City of Denton, Texas and the
Upper Trinity Regional Water District, a conservation and reclamation district created pursuant
to Article XVI, Section 59 of the Constitution of the State of Texas (hereinafter the "UTRWD")
on the 201h day of November, 1990, which contract is hereinafter referred to as the "Original
Contract;" and which Original Contract was approved by the Denton City Council by Ordinance
No. 90-186, passed on the 201h day of November, 1990; and
WHEREAS, at the time that the Original Contract was entered into in 1990, it was the
UTRWD's objective to develop a regional wastewater system in the Denton County area and to
enter into contracts with entities which were "Participating Members" of the UTRWD to provide
regional wastewater services to those entities. The CITY at that time, and at the present, owns
and operates a wastewater collection, treatment, and disposal system in Denton County, Texas,
and the UTRWD, at the time of the Original Contract, and at the present, desires to utilize the
excess capacity of the Denton system for the collection, treatment, and disposal of the UTRWD
Members' wastewater; and
WHEREAS, the "Denton County Water and Wastewater Study Regional Master Plan
for the Year 2010," recommended that certain portions of Denton County be provided regional
wholesale wastewater service through the CITY's wastewater system. In said Original
Agreement, the CITY agreed to provide wastewater services for the UTRWD on an interim
basis, with the expectation that, and on the condition that the UTRWD would in the future enter
into another and further contract with the CITY to provide for the joint planning, funding, and
ownership of additional wastewater collection and treatment facilities to serve the future
wastewater requirements of both the CITY and the UTRWD; and
WHEREAS, Article VIII, Section 8.1 of the Original Contract provides that the Original
Contract shall expire by its own terms on December 31, 1999; and
WHEREAS, the CITY's Wastewater Utility Department currently has a wholesale
wastewater contract with the UTRWD, and the CITY and the UTRWD are currently negotiating
acceptable terms for a new wholesale contract, while at the same time considering the needs of
other customer cities and/or districts being added to the wastewater system in light of the rapid
growth and development activities in the Hickory Creek Basin; and in order to maintain the
status quo, and in order to allow sufficient time for completion of the negotiations between the
CITY and the UTRWD, the CITY and the UTRWD mutually desire to extend the term of the
Original Contract for an additional six (6) month period; and
WHEREAS, the City Council deems it in the public interest for the CITY to enter into
this "Amendment to the Existing Interim Wastewater Treatment Services Contract Between the
City of Denton, Texas and the Upper Trinity Regional Water District Heretofore Executed on
November 20, 1990" (hereinafter the "Amended Contract") which provides that the term of the
Original Contract shall be extended for an additional six month period of time, pending their
good-faith negotiation of a new Contract; and to keep said Original Contract in continuous force
and effect, without lapse
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NOW, THEREFORE, for good and valuable consideration, and in further consideration
of the mutual promises and covenants of the parties, the CITY and the UTRWD do hereby
AGREE as follows, to wit:
SECTION 1. That Article VIII, Section 8.1 of the Original Contract is hereby amended
to read as follows:
"This Agreement shall terminate on June 30, 2000."
SECTION 2. That in all respects, except as specifically and expressly amended by this
document, the said Original Contract heretofore duly passed and approved by the City Council of
the City of Denton, Texas on the 201E day of November, 1990, shall remain and continue in full
force and effect, without lapse or interruption, for all purposes pertinent.
EXECUTED by the undersigned duly-authorized officials and officers of the CITY and
the UTRWD, in two (2) original counterparts, on this the c~ld t day of
2000.
CITY OF DENTON, TEXAS
By:
MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: hj, op"~
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
dy
UPPER TRINITY REGIONAL WATER
DISTRICT
By: avm' (
PRESIDENT L11 -
BOARD OF DIRECTOR
ATTEST-
By: -
SECRETARY, BOARD OF DIRECTORS
PPROVED AS TO LEGAL FORM:
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