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1989-0162626L NO ?J-9 to AN ORDINANCE APPROVING SUPPLEMENTAL AGRFEMENT NO 2 BETWEEN THE CITIES OF DALLAS AND DENTON, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and author zes t e Mayor to execute Supplemental Agreement No 2 between the Cities of Dallas and Denton regarding the City of Denton's proposed Ray Roberts Hydroelectric Turbine, under the terms and conditions contained in said supplemental agreement, a copy of which is attached and made a part hereof SECTION II That this ordinance shall become effective imme ate y upon its passage and approval PASSED AND APPROVED this the day of , 1989 6' RAY ST -Ae N AYOR ATTEST J F+ R , CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY / SUPPLEMENTAL AGREEMENT NO 2 TO UNTREATED WATER CONTRACT BETWEEN THE CITIES OF DALLAS AND DENTON 1 Exhibit F to the Original Contract, dated August 7, 1985, is amended to add the following Paragraph 2B Regarding the use of the CITY OF DALLAS' RAY ROBERTS LAKE OUTLET CONDUIT and WATER FLOWS and the CITY OF DENTON'S Proposed RAY ROBERTS HYDROELECTRIC TURBINE, the Cities of Dallas and Denton agree to add the following operational conditions A Dallas will not object to Denton's installation of a hydroelectric turbine generator on Ray Roberts Lake Outlet conduits for operation in 1991 B. Dallas will continue to have complete control over determining Dallas' water releases from Ray Roberts Lake through Denton's hydroelectric turbine Denton will continue to have complete control over determining Denton's water releases from Ray Roberts Lake through subject hydroelectric turbine Such water releases shall be for the purpose of providing a supply of water to the downstream Lewisville Lake water supply reservoir and the water supply for water plants dependent on the water therein The generation of electricity by the hydroelectric unit will be incidental to the water supply releases The conservation of water for the municipal water system's use is the primary and paramount purpose of water releases, however, Dallas and Denton will take into consideration the needs of the hydroelectric plant where feasible C Dallas and Denton will each obtain a separate "non-consumptive water right" from the Texas Water Commission for the hydroelectric turbine Dallas and Denton will have permitted rights for their respective releases, but Dallas will allow Denton's use of its permit for hydroelectric generation as required by Denton's FERC permit and as herein agreed Any costs incurred by Dallas to secure such permits and any annual or other periodic permit fees shall be paid by Denton Any such permitted right shall be subject to Dallas' and Denton's right to use water for municipal purposes, in the event Dallas' need for municipal purpose requires it, Dallas may discontinue discharge of its water releases which may cause Denton to cease hydroelectric operations D Denton shall work with and support Dallas, if any actions are initiated by the Federal Energy Regulatory Commission or its successor agency and/or other bodies that may attempt to impose jurisdiction or any criteria on Denton or Dallas, resulting from Denton's hydroelectric project, which would have the effect of diminishing Dallas' and/or Denton's water rights or safe yields of Ray Roberts Lake E Ownership of the hydroelectric plant will stay with the City of Denton, and Denton will not sell or sublease to any other organization without the prior agreement of Dallas 2 The above operational conditions are agreed tQ pursuant to Paragraph 2 of the Exhibit F of the Original Contract 3 All other terms, provisions, conditions and obligations of the original Contract between Dallas and Denton, dated August 7, 1985, shall remain in full force and effect, and said original contract, as same may have been previously amended, and this Supplemental Agreement No 2 shall be construed together as a single contractual agreement PASSED AND APPROVED THIS 25th day of January 1989 Approved as to Form CITY OF DALLAS ANALESLIE MUNCY, City Attorney RICHARD KNIGHT, JR , City Manager By By v - Assistant City Attorney :Assi s nt C ity Manager Submitted ro + CITY OF DEATTEST By~ COY SECR.TARY APPROVED AS TO FORM By C Y ATTORNEY By 1&_ 1 MAYO R By COUNCIL CHAMBERS 90 3 9 8 January 25. 1989 WHEREAS, the Cities of Dallas and Denton desire to amend Exhibit F of the August 7, 1985 contract for the sale of untreated water to the City of Denton by the City of Dallas with "Supplemental Agreement No. 2", and WHEREAS, the amendment will provide for specific details regarding the use of the Ray Roberts Lake Outlet Conduit and Water Flows and the City of Denton's Proposed Ray Roberts Hydroelectric Turbine, and - WHEREAS, the City of Denton desires to install a hydroelectric turbine generator on Ray Roberts Lake Outlet conduits for operation in 1991, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS Section 1, That the City Manager be and is hereby authorized to enter into an amendment to Exhibit F of the existing August 7, 1985 contract for the sale of untreated water to the City of Denton with "Supplemental Agreement No. 2" after approval of the amendment by the City Attorney. Section 2 That this resolution shall take effect from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved ARROV0 BY CITY ColiNCIL JAN 25 1989 MANAGER . . e! .