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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 PAGE 1 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- c \wpdocs\k\waste-di arg CITY OF ARGYLE, TEXAS BY 1 I +o NORM THOMAS,-MAYOR PAGE 4