1989-178ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF ARGYLE PROVIDING FOR INTERIM
WASTEWATER TREATMENT SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor is hereby authorized to execute the
attached contract between the City of Denton and the City of Argyle
to provide for interim wastewater treatment services to Argyle
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval ^
PASSED AND APPROVED this the ~ day of i lOn k. 1989
RAY ST., H NS, AYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY Ch
'YV\ wy\. 1
INTERIM WASTEWATER DISPOSAL CONTRACT BETWEEN
THE CITY OF DENTON AND THE CITY OF ARGYLE, TEXAS
WHEREAS, the City of Denton ("Denton") and the City of Argyle
("Argyle") are municipal corporations of the State of Texas, and
WHEREAS, the Argyle Independent School District (AISD) is
constructing school facilities within the corporate limits of
Argyle which will require wastewater services, and
WHEREAS, Argyle desires to receive and Denton has agreed to
provide temporary wastewater treatment services for wastewater
transported from AISD's facility to Denton's treatment plant until
Argyle can arrange for permanent wastewater treatment services with
the Upper Trinity Regional Water District, and
WHEREAS, Denton and Argyle are authorized to make and enter
into this Contract under Article 4413-(32c), V A T C S Now,
Therefore, Denton and Argyle agree as follows
Wastewater Services Provided by Denton
A Denton agrees to receive and treat at Denton's Pecan Creek
Water Reclamation Plant located at 1100 Mayhill Road, Denton,
Texas, the wastewater generated from AISD's educational facility
located at 800 Eagle Drive, Argyle, Texas ("AISD Wastewater")
B As between Denton and Argyle, Argyle shall be solely
responsible for the transportation of AISD Wastewater to Denton's
Pecan Creek Water Reclamation Plant AISD Wastewater shall be
delivered to a discharge point or points at Denton's Plant as
specified by Denton at the time of delivery Argyle shall cause
AISD Wastewater to be delivered to Denton during normal business
hours (8 00 A M and 5 00 P M Monday through Friday, excluding
holidays) Any deliveries made outside of the times specified
herein must be approved in advance by Denton
C Argyle shall insure that AISD Wastewater shall be
transported by a person or firm properly equipped and trained in
wastewater transportation Argyle shall insure that each time AISD
Wastewater is loaded at the AISD facility for delivery to Denton,
the delivery vehicle contains no other waste materials or liquids
from any other source AISD Wastewater shall be delivered directly
to Denton's Reclamation Plant without receiving any wastewater or
other waste materials or liquids from any other source A "Liquid
Waste Transportation Trip Ticket", attached hereto as Exhibit "A",
shall be completed by AISD and the AISD Wastewater transporter at
the time of loading and supplied to Denton with each delivery of
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AISD Wastewater Denton may refuse to receive any delivery of AISD
Wastewater which it determines, in its sole discretion, contains
any hazardous metals or toxic substances, as defined by Denton's
ordinances, as amended
II
Billing and Payment for Services
A Denton shall bill Argyle each month and Argyle shall pay
Denton within thirty (30) days after receipt of the bill for the
wastewater treatment services provided herein the total sum of the
following rates and charges
(1) A Facility Charge of $50 00,
(2) A Wastewater Treatment Charge determined as follows
Capacity of Vehicle x Number of Deliveries x $1 95,
1000
(3) A Laboratory Analysis Charge of $120 00,
(4) A Surcharge Treatment Fee of $0 000743 for each
milligram per liter (mg/1) of biochemical oxygen demand
(BOD), and $0 000751 for each milligram per liter
(mg/1) of total suspended solids (TS) in excess of 250
milligrams per liter (mg/1), as the terms "BOD" and
"TS" are defined by Denton's ordinances, as amended,
and,
(5) An Overtime Charge of $15 00 per delivery for any
delivery of AISD Wastewater outside normal business
hours as provided in this Agreement, if any
B The Wastewater Treatment Charge provided for above shall
be based on the capacity of the transporting vehicle at the time
of delivery and discharge, without regard to the actual amount of
AISD Wastewater delivered or treated
III
Term and Termination
A This Agreement shall remain in effect for a period of nine
months from the date of execution and approval by both parties
B In the event that Argyle falls to comply with any terms
or condition pertaining to this Agreement, Denton shall give Argyle
notice of said breach Should Argyle fail to correct the breach
PAGE 2
within fifteen (15) days following receipt of said notice, then
Denton shall have the right to terminate this Agreement
IV
No Representation of Continued Service
The intent of this Agreement is to provide for interim
wastewater treatment services for Argyle for a maximum period of
nine (9) months to allow Argyle sufficient time to arrange for
permanent wastewater treatment services by contracting with the
Upper Trinity Regional Water District In turn, Denton will
exercise due diligence in negotiating a contract for wholesale
wastewater treatment services with the Upper Trinity Regional Water
District Argyle and Denton agree that it is not the intention or
represen-tation of either party to the other that by the making of
this Agreement Denton would provide to Argyle or that Argyle would
receive from Denton wastewater services in any manner beyond the
term of this Agreement This contract is for the sole benefit of
Argyle and Denton, and no other party, including Argyle, shall be
considered to have any present or future right or obligation under
this Agreement
V
Indemnification
Argyle agrees to and shall indemnify and hold harmless Denton,
its officers, agents, and employees, from and against any and all
claims, losses, damages, causes of action, suits, and liability of
every kind, including all expenses of litigation, court costs, and
attorney's fees, for in3ury to or death of any person, or for
damage to any property, arising out of or in connection with the
acts performed by Argyle, its officers, employees, agents, or
contractors, to the extent permitted by law
IN WITNESS WHEREOF, Denton and Argyle, acting under authority
of their respective governing bodies have caused this Agreement to
be duly executed in several counterparts, each of which shall
constitute an original
EXECUTED this ~ day of 1989
ATTEST
JENNIFER WALTERS, CITY SECRETARY
e
BY
CITY OF DENTON, TEXAS
y
BY I
~i
rv
RAY ST
NS, M
AYOR
PAGE 3
ATTEST
KANDI WATERSTREET, CITY SECRETARY
BY W2n,L 0 / l
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY I rV'V-
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CITY OF ARGYLE, TEXAS
BY 1 I +o
NORM THOMAS,-MAYOR
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