1988-2072582L
NO
AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO 1 BETWEEN THE
CITIES OF DALLAS AND DENTON, AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, 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 1
between the Cities of Dallas and Denton regarding the use of the
City of Dallas' Lewisville Lake Outlet conduit and water flows
and the City of Denton's proposed Lewisville 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 the City Council authorizes the expenditure
of fun as n t e manner and amount as specified in the agreement
SECTION III That this ordinance shall become effective
imme ate y upon its passage and approval
PASSED AND APPROVED this the,&4 day of 1988
c.0--
Y ST ENS, MAYOR
ATTEST
6 ERS, CI SECR~ ARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY All -s / -xi Q
SUPPLEMENTAL
TO UNTREATED
BETWEEN THE CITIES
AGREEMENT NO 1
WATER CONTRACT
OF DALLAS AND DENTON
Exhibit F to the original Contract, dated August 7, 1985, is amended to
add the following Paragraph 2A
Regarding the use of the CITY OF DALLAS' LEWISVILLE LAKE OUTLET CONDUIT
AND WATER FLOWS and the CITY OF DENTON'S Proposed LEWISVILLE HYDROELECTRIC
TURBINE, the Cities of Dallas and Denton agree to add the following
operational conditions
Dallas will not exercise its right to transport water through the
proposed pipeline from Lewisville Lake to Elm Fork Water Treatment
Plant until the year 2005
Dallas will not object to Denton's installation of a hydroelectric
turbine generator on Dallas' Lewisville Lake Outlet conduits for
operation in 1990
Dallas will continue to have complete and total control over
determining the water releases from Lewisville Lake including water
releases passing through Denton's hydroelectric turbine Such water
releases shall be for the purpose of providing a supply of water to
Dallas' water plants. 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 will
take into consideration the needs of the hydroelectric plant where
feasible
D Dallas will obtain a "non-consumptive water right from the Texas Water
Commission for the hydroelectric turbine Any permitted right will be
the possession of Dallas but Dallas will allow Denton's use of such
permits for hydroelectric generation use 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' right
to use water for municipal purposes, in the event Dallas' need for
municipal purposes requires it, Dallas may require Denton to cease
hydroelectric operations
E. 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 Lewisville Lake or upstream
reservoirs.
F In the interim, Dallas will construct a raw water intake and pumping
facility for the Elm Fork Water Treatment Plant in lieu of constructing
the pipeline However, additional energy costs will be required for
Dallas to use the intake facility instead of the pipeline, and Denton
will compensate Dallas for this energy in the following amounts
From initial operation to December 31, 1995 1,250,000 KWH/yr
From January 01, 1996, to December 31, 2000 2,000,000 KWH/yr
From January 01, 2001, to Installation of 2,500,000 KWH/yr
Pipeline
Denton's obligation will continue until the delayed pipeline is placed
in operation or Denton decommissions the hydroelectric unit, whichever
occurs first, at which time Denton will no longer be required to
compensate Dallas Dallas will be responsible for all other costs
related to the intake structure The compensation for the above
amounts of electricity shall be based on the average cost per KWH that
Dallas pays for electrical power at the Elm Fork pump station.
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.
Dallas may, at its sole option, construct and/or connect the pipeline
at any time during or after year 2005, providing Dallas notifies Denton
of its intent to construct and/or connect the pipeline at least one
year in advance.
Denton agrees to provide at no cost to Dallas a blind flange connection
at least equal in size to the existing Dallas connection upstream from
the hydroelectric unit for Dallas to connect a pipeline for Dallas'
future use Denton shall obtain Dallas' approval of the design for the
blind flange connection before it is constructed. Denton will transfer
title to the piping from Dallas' Lewisville Lake Outlet conduit to the
blind flange connection, including the blind flange connection, to
Dallas whenever Dallas connects the pipeline to the blind flange
connection.
The above operational conditions are agreed to pursuant to Paragraph 2 of
Exhibit F of the original Contract
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 1 shall be
construed together as a single contractual agreement
PASSED AND APPROVED THIS /y day of ~on1 n / n 19
APPROVED AS TO FORM
ANALESLIE MUNCY, City Attorney
By
ATTEST
BY n. uL I NUS
City ecre r
APPROVED AS TO FORM
By (D. ~uyv^
7 Attorney
CITY OF DALLAS
RICHARD KNIGHT, JR , City Manager
Assistant y orney ss s y anager
Submitted to City Atto
CITY OF DENTON
By kt~Aai~-~
~C,
COUNCIL CNAM91A
December 14, 1988- 839 4 7
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 1", and
WHEREAS, the amendment will provide for specific details regarding the use
of the City of Dallas' Lewisville Lake Outlet Conduit and Water Flows and the
City of Denton's Proposed Lewisville Hydroelectric Turbine, and
WHEREAS, the City of Denton desires to install a hydroelectric turbine
generator on Dallas' Lewisville Lake Outlet conduits for operation in 1990,
and
WHEREAS, the City of Denton will provide a connection for Dallas to
connect a future pipeline and will compensate Dallas for additional energy
costs required due to the installation of the hydroelectric turbine, and
WHEREAS, the City of Dallas will not transport water through the future
pipeline until the year 2005 but will, in the interim, construct a raw water
intake and pumping facility in lieu of constructing the pipeline, 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 1"
after approval of the amendment by the City Attorney
as invoiced under this and directed
Section
to agreement
deposit reeiptsthfrom i the City ofin Denton is
to Dallas Water Utilities Operating Fund
FUND AGENCY ORG ACTIVITY
100 DWU 7312 624T
Section 3. That this resolution shall
passage in accordance with the provisions
and it is accordingly so resolved
OBJECT CODE
5021
take effect from and after its
of the Charter of the City of Dallas
APPROVED BY
CITY COUNCIL
DEC 14 1988
/
City Secretary
r
PMIOYW APPpOVW
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