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! .