1986-041NO gd - 51/
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE INTERIM SALE
OF WHOLESALE TREATED WATER BETWEEN THE CITY OF DENTON AND LAKE
CITIES MUNICIPAL UTILITY AUTHORITY, AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the City Council of the City of Denton, Texas, auth-
orizes entry into a contract between the City of Denton and Lake
Cities Municipal Utility Authority providing for the interim
sale of wholesale treated water
SECTION II
That the City Council authorizes the Mayor to enter into the
contract attached hereto and made a part hereof
SECTION III
That this ordinance shall become effective immediately upon
its passage and approval A-
PASSED AND APPROVED this the /~,7'
L_~day of 1986
RICHARD 0 S , MAYOR
CITY OF DENTON, TEXAS
ATTEST
lvl"6~eo~ , CITY SE
t ER 3FY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
~
L
BY ,
i13lOL
THE, STATE OF TEXAS $ CONTRACT BEfWEEN CITY OF DENTON
AND LAKE CITIES MUNICIPAL UTILITY
COUNTY UN DENTON AUfHURITY FOR THE INTERIM SALE
OF WHOLLSALE TRhATED WATER
This Agreement made this ~ day of 1986,
by and between the City of Denton, a Municipal orporation
organized under the laws of the State of Texas (hereinafter
referred to as "DENTON"), and the Lake Cities Municipal Utility
Authority, a Municipal Utility Authority organized under the
general laws of the State of Texas (hereinafter referred to as
"LCMUA"),
WITNESSETH
WHEREAS, LCMUA desires to purchase wholesale, treated,
potable water from DENfON, and
WHEREAS, LCMUA desires the option to purchase future water
capacity from DENTON, and
WHEREAS, DENTON desires to make provisions to supply, treat
and deliver wholesale, treated, potable water to LCMUA until
such time as a jointly owned water treatment facility becomes
operational,
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained the parties agree as follows
1.0 Conditions for Interim Water Sales
1.1 DENTON agrees, as a condition of LCMUA purchasing a mini-
mum of one million gallons per day of treatment plant capacity
as set forth in Section 11 0, to sell and deliver wholesale,
treated, potable water to LCMUA from DEMON'S existing water
treatment plant on an interim basis until such time as water is
available from the new water treatment plant, subject to the
terms and conditions stated herein LCMUA shall have the option
to participate in future expansion of such water treatment
plant Should LCMUA fail to enter into a contract with DENTON
to jointly own or participate in the ownership or operation of a
future water plant, this contract may be terminated by DENTON,
upon DENTON'S giving LCMUA one year's written notice of such
intent to terminate
1 2 LCMUA agrees to purchase wholesale, treated, potable
water from DENi'UN subject to the terms and conditions stated
herein
1 3 DENTON agrees to provide sufficient water to meet the
rate of flow and volume requirements of LUIUA under the terms
and conditions and subject to the limitations stated herein
1 4 All treated, potable water that LCMUA receives from
DENTON under this agreement will be untreated water that DENTON
purchases from the City of Dallas and treats at DENTON'S water
treatment plant(s) Delivery of water to meet the volume and
demand requirements of LCMUA under this agreement is expressly
subject to and limited by the available supply of water from
Dallas, and the ability of DENTON to treat and deliver water, as
determined by DENT014 DENTON shall exercise due diligence to
assure that the supply, treatment and deliverability of water is
PAVE 2
maintained to meet LCMUA's water requirements as set forth
herein Should DENTON need to curtail the supply of water to
its other customers, because of drought, system or delivery
failure or malfunction, contamination, acts of God, civil
disturbances, war or other causes beyond its control, DENTON may
curtail the supply of water to LCMUA without being in default of
this agreement
1 5 It is expressly understood that water delivered to LCMUA
pursuant to this agreement is contingent on water DENTON
purchases or receives from the City of Dallas and this agreement
does not obligate DENTON to utilize any of its water rights
granted to DENTON by any regulatory agency in the furnishing of
water to LCMUA
2 0 Volume and Demand Determined for Each Water Year
2 1 DENTON and LCMUA agree that the delivery of water to
LCMUA by DENTON shall be based upon the volume and demand
established for each water year as set forth herein
2 2 Not less than one hundred and twenty (120) days before
the beginning date of the first and each successive water year
(June 1), LCMUA shall give notice to DENTON, in writing, of
LCMUA's requested volume and demand for tae first water year,
and the projected volume and demand for each successive water
year during the term of this agreement The format of the
notice shall be in accordance with Exhibit "A", attached hereto
and incorporated herein by reference Each successive year's
PAGE 3
notice shall be dated, signed by representatives of both
parties, and shall be attached hereto as an exhibit to this
agreement and incorporated herein by reference Such exhibits
shall be designated by the year for which they are given, i e
A-86, A-87, etc DENTON may, in its sole discretion, waive the
one hundred and twenty (120) day notice requirement at the
request of LCMUA Such request and waiver shall only be
effective if done in writing
2 3 Volumes requested by LCMUA in each notice for any one
water year, shall not be less than the volume requested in any
prior water year, except where LCMUA gives notice of its intent
to reduce or cease taking water in accordance with Section 10 0
3 0 Definitions
3 1 "Demand," as used herein, means the maximum daily rate
of flow of water, in gallons, that would, if maintained
consistently through a period of twenty-four (24) hours, provide
the maximum quantity of water required by LCMUA in any one day
of a water year
3 2 "Volume," as used herein, means the quantity of water,
in gallons, that LCMUA requests DENTON to supply in a water year
3 3 "Water Year," as used herein, shall mean the period of
time from June 1 to May 31 of the succeeding year, for which the
annual water requirements of LCMUA shall be determined and
established
3 4 "Plant Manager" shall mean the person, firm or
corporation designated for the planning, design, construction,
PAGE 4
operation and maintenance of the new water treatment plant
3 5 "Plant" means the proposed water treatment plant that
the City of DENTON will construct to provide water from Lake Ray
Roberts
3 6 "Owner's Committee" shall mean the committee composed of
two (2) representatives of the parties involved in purchasing
Plant capacity
4 0 Water Rates, Charges and Payments
4 1 The cost of water sold to LCMUA under this interim
agreement will be based on the cost of providing potable water
from the six (b) million gallons per day (MGD) expansion of the
existing DENTON Water Treatment Plant
4 2 The water rates to be paid by LCMUA to DENTON in
performance of this agreement shall be in an amount as
established by ordinance of the City Council of DENTON, and as
from time to time amended The initial schedule of rates and
revised rates shall be attached hereto as Exhibit "B" and
incorporated herein by reference and each successive schedule
shall also be attached as an exhibit to this agreement and
incorporated herein by reference DENTON shall give LCMUA
ninety (90) days notice of its intent to revise existing rates
for any water year Revised rates shall become effective
forty-five (45) days after passage of the ordinance establishing
the revised rates
4 3 LCMUA agrees to purchase or pay during any one water
year, the greater of (1) the volume of water requested for that
PAGE 5
current water year, as shown on the applicable exhibit for such
year but not less than five hundred thousand (500,000) gallons
per day (GPD), (2) the volume of water requested in any prior
water year, or (3) the volume of water actually used in any
prior water year If LCMUA does not require or receive all
volume requested for a current water year as shown on the
exhibit furnished in accordance with then applicable Exhibit
"A," where DENTON was willing and able to deliver such requested
volume, LCMUA shall pay DENTON for such volume of water
requested, but not received, at the "readiness to serve" rate
set forth in Exhibit "B," or, at such time Exhibit "B" is
amended, in accordance with such amended exhibit, which shall be
the amount charged to DLNTON by Dallas for volumes DENTON
requested from Dallas on LCMUA's behalf LCUA shall not be
obligated, in any current water year, to pay for that water
volume requested but not received, if such failure to receive
such volume was due to DENTON'S inability to deliver such water
4 4 Water rates shall exclude, for the term of this
contract, any return on the investment resulting from the
capital cost of the 16" water line, meter, meter vault, rate of
flow controller, and other associated appurtenances which LCMUA
is required to furnish and dedicate to DENTON as a requirement
to receive water from DENTON
4 5 LCMUA, for any water year, may request an increased or
decreased demand from any prior water year, but the demand
charge for any current water year, shall be based upon the
PAGE 6
greater of (1) the demand for the current water year, but not
less than five hundred thousand (500,000) gallons per day (GPD),
or (2) the highest demand for any of the prior five water years
during the term of this agreement
4 6 If DENTON fails to make available the requested demand
during LCMUA's peak usage period for seven (7) or more
consecutive days, the demand charge for such days shall be
calculated by using the maximum rate of delivery for such days,
times the current annual demand charge, divided by 365, times
the number of days of reduced flow
4 7 If DENTON fails to make available the requested demand
for any current water year during the period of time from May 1
to October 31 for thirty (30) or more consecutive days, the
adjusted annual demand charge for that water year shall be
calculated by using the maximum rate of delivery for such days
divided by the requested demand, times the current annual demand
charge
4 8 DENTON shall mail or deliver monthly bills for water
charges incurred by LCMUA under this agreement by the tenth
(10th) day of each month Bills shall be due and payable upon
receipt by LCMUA and shall be considered delinquent if not paid
by the twenty-fifth (25th) day of the month, mailed or
delivered DENTON shall charge, and LCMUA agrees to pay, an
additional five percent (5%) of the total monthly bill, or five
PAGE 7
hundred dollars ($500 00), whichever is less, for all monthly
bills not paid by the twenty-fifth (25th) day of the month
4 9 For all delinquent monthly water charges billed which
remain unpaid after the last day of the month, DENTON shall
charge, and LCMUA agrees to pay, in addition to the amount
provided for in Section 4 8, interest on such unpaid balance
equal to the auction average rate quoted on a bank discount
basis for a 26-week treasury bill issued by the United States
government, as published by the Federal Reserve, for the week
prior to the date such bill or bills are delinquent, or ten
percent, whichever is less
4 10 it is agreed that the parties, in providing for
penalties or interest on delinquent amounts owed, as set forth
in Sections 4 8 and 4 9, intend to contract for a rate of
interest that is not in excess of the rate allowed by law
Should, for any period of time to which Sections 4 9 or 4 10
apply, it be determined that such interest is in excess of that
allowed by law, the parties agree that such rate of interest
shall not apply, but be reduced to the maximum rate allowed by
law
5 0 Delivery Locations, Metering and Conditions
5 1 DENTON agrees to deliver the water contracted for herein
at delivery point(s) as shown in Exhibit "C," attached hereto
and incorporated herein by reference, and at any other such
points as maybe mutually agreed upon by both parties The cost
PAGE 8
of acquiring, designing, installing and constructing all water
delivery and monitoring equipment or facilities necessary to
fulfill this agreement, including, but not limited to, water
lines to metering points, meters, meter vaults and associated
valves, shall be borne by LCMUA, provided, however, that DENTON
shall furnish and install all necessary meters, the costs of
which shall be paid by LCMUA All plans for needed water
delivery or monitoring facilities shall conform to DENTON'S
requirements and be submitted to DENTON for its written approval
prior to installation LCMUA shall enter into a pro rata
agreement with DENTON and be reimbursed, on a per linear foot
basis, for any connections by any customer of DENTON to any
water lines within DENTON or its extraterritorial jurisdiction,
the cost of which has been paid for by LCMUA and conveyed to
DENTON
5 2 All water furnished shall be measured by meters
installed at the point(s) of delivery DENTON agrees to
maintain said meters and to cause such repairs and adjustments
as may, from time-to-time be necessary, to be promptly made
Such repairs shall be made at no expense to LCMUA, unless it can
be shown that the necessity for such repairs was brought about
by an improper act or the neglect of LCMUA DENTON agrees to
test the meter(s) annually Upon the request of LCMUA, DENTON
shall test the meter(s) more frequently than annually, but such
additional test(s) shall be at LCMUA's expense, unless an error
PAGE 9
in metering is found to be in favor of LCMUA If a meter is
found to be in error by more or less than two (2%) percent,
adjustments shall be made accordingly In the event a meter is
discovered to be malfunctioning, the amount of water that has
passed through the meter will be estimated for each day the
meter was not functioning correctly by taking an average of the
two preceding readings of such meter(s), exclusive of readings
during the time of any malfunction of the meter
5 3 LCMUA agrees that after final inspection and written
acceptance of delivery facilities by DENTON, LCMUA will convey
title of those facilities and rights of way in conjunction
therewith to DENTON Upon conveyance of title to delivery
facilities by appropriate instrument(s), DENTON shall be
responsible for operation and maintenance thereof
5 4 LCMUA agrees to provide ingress and egress for DENTON
employees and agents to all premises inside LLMUA's boundaries
to install, operate, inspect, test, and read meters and maintain
facilities owned and maintained by DENTON within the city limits
of LCMUA
5 5 DENTON agrees to provide ingress and egress for LCMUA's
employees and agents to all premises inside DENTON'S boundaries
to install, operate, inspect, test, and maintain facilities, and
read meters owned or maintained by LCPNA within the city limits
of DENTON
PAGE 10
5 6 A rate-of-flow controller shall be installed at each
point of delivery of water from DENTON to LCMUA Such
rate-of-flow controller shall be paid for by LCMUA, but all
future maintenance or replacement costs shall be the
responsibility of DENTON
5 7 LCMUA shall provide sufficient ground or overhead
storage and pumping facilities in accordance with the standards
and requirements of the State of Texas or its regulatory
agencies, so that LCMUA can meet the water requirements of its
customers without drawing upon DENTON'S water system at a
greater demand in any water year than set forth in the current
Exhibit "A" reflecting water demand
5 8 LCMUA shall receive water from DENTON, either through an
open discharge into a ground storage tank, or into a supply line
into the ground storage tank Appropriate backflow preventor
check valves shall be placed by LCMUA in the delivery line to
assure that no flow of water from LCMUA's system can return to
DENTON'S system
5 9 LCMUA shall abide by the service conditions for treated
water customers adopted by Dallas, endorsed by DENTON, as listed
in Exhibit "D," attached hereto and incorporated herein by
reference
6 0 Sewage Treatment and Return Flow
6 1 Delivery of water by DENTON to LCMUA, at the requested
volume and demand for any current water year, assumes adequate
PAGE 11
sewage collection facilities to accommodate the volume and
demand taken by LCMUA LCMUA agrees that, if its sewage
collection facilities prove to be inadequate, DENTON may
decrease the volume or demand of water supplied to a level that
may be accommodated by LCMUA's sewage collection system
6 2 LCMUA agrees that water purchased by LCMUA is for use by
LCMUA, except as allowed under Section 7 0 herein This
contract conveys no rights to the return wastewater flows
resulting from the use of water purchased hereunder In the
event LCMUA develops or secures wastewater treatment services
other than from DLNfON, LCMUA agrees that all wastewater
treatment effluent discharges will be returned to the Elm Fork
of the Trinity River above Lewisville Lake Dam
7 0 Resale
7 1 The distribution of DEMON water by LCMUA shall be
limited to the area within the limits of LCMUA's service area as
shown on Exhibit E, except that LCMUA may be permitted to supply
water to such specific customer or areas beyond its limits as
from time-to-time may be approved in writing by DENTON, on
written application from LCMUA
8 0 Water System Standards and Supply
8 1 For the protection of the health of all consumers
supplied with water from the water system of DENTON, LCMUA and
DENfUN agree to comply with State of Texas Department of Health
standards and to guard carefully against all forms of
PAGE 12
contamination to its water system, and that, if at any time
contamination should occur, the water supply to the area or
areas affected shall be immediately shut off or isolated and
remain so until such conditions shall have been abated and the
water declared again safe and fit for human consumption by the
properly constituted governmental health agencies having
jurisdiction thereof
8 2 DENTON expressly reserves the right to discontinue
temporarily, after notice to LCMUA, the supply of water to any
of the pipes laid or to be laid by LCMUA whenever it is
necessary to do so to insure proper operation of the DENTON
water system, or for non-compliance with any provision of this
agreement No claims for damages for such discontinuance shall
be made by LCMUA against DENTON
8 3 It is understood and agreed that LCMUA will not, under
any circumstances, permit water from any other source or supply
to enter into its water system, or any part thereof, or to be
mixed or mingled with water from the water system of DENTON,
other than State approved potable water from existing or future
water wells owned and operated by LCMUA, without prior written
approval of the Director of Utilities of DENTON
9 0 Transportation to Other Entities
9 1 The purpose of this section is to recognize the benefits
and encourage the cooperation of all water suppliers in the area
to jointly share costs and benefits of major water supply
PAGE 13
facilities in the interest of providing reasonable cost of water
to all citizens of the area
9 2 DENTON encourages LCMUA to cooperate to the extent
possible, to make available to other governmental entities any
excess water transmission capacity in its water system, for use
in transporting wholesale, treated, potable water from DENTON to
such entity The determination of whether excess capacity is
available rests entirely with LCMUA Such excess transmission
capacity shall be considered temporary only and shall not commit
LCMUA to any long-term obligation to provide such transmission
capacity
9 3 Entities utilizing such temporary excess transportation
capacity shall be responsible for payment of such transportation
service at a rate determined by applying the general guidelines
included in Appendix "A" of Exhibit "D "
9 4 When water is transported from DENTON to such entity
using mains of LCMUA, DENTON shall collect the agreed
transportation charge and credit the account of LCMUA for such
transportation services
10 0 Reduction or Termination of Water Requirements
10 1 If, within the term of this agreement, LCMUA should
wish to construct and operate its own water treatment plant
facilities or purchase treated water from another source, LCMUA
shall give DENTON written notice of its intent to reduce or
cease taking water at least five years prior to such time it
PAGE 14
will reduce or cease to take water from DENTON The notice
shall specify the date that LCMUA shall cease to take or receive
water from DENTON, which shall be no sooner than the beginning
of the fifth water year after the current water year in which
such notice is given If LCMUA intends to reduce the volume of
water it is required to take or request under this agreement,
the notice shall specify the date or dates and water years when
such reduction or reductions shall occur, wh3.ch shall be no
sooner than the beginning of the fifth water year after the
current water year in which such notice is given, that LCMUA
intends to reduce the water requested or received and the amount
of reduced volume and demand for each remaining water year
during the term of this agreement
10 2 LCMUA recognizes that DENTON has entered into a long
term contract to purchase a water supply from Dallas, and has
included in such purchase, a volume of water on behalf of LCMUA,
in order to supply LCMUA with its water needs in accordance with
this agreement LCMUA also recognizes that DENTON, in order to
supply LCMUA and its other water customers with the volume and
demand required over the term of this agreement, must incur
certain capital costs so as to maintain, improve and expand its
water supply facilities
Should LCMUA give notice of its intent to reduce or cease
taking water from DENTON under this agreement, DENTON may, but
is not obligated to, waive or reduce at the beginning of the
PAGE 15
fifth water year after the notice in Section 10 1 is given, any
or all of LCMUA's obligations to take, receive, request or pay
for water in accordance with this agreement, after determining
to what extent DENTON will be able to recoup all costs in
purchasing water and all capital costs incurred to insure
delivery capability to fulfill this agreement by supplying and
delivering such water to other customers
10 3 If, in accordance with Section 10 2, DENTON determines
that such requested discontinuance or reduction in water
delivery would not in any water year allow DENTON to recoup all
cost and expense incurred in insuring the water supply required
by this agreement by supplying other customers, DENTON shall
give notice in writing, at least one year prior to such time
such discontinuance or reduction of water delivery is to become
effective, of the reduced volume, if any, DENT014 shall allow
LCMUA to take or request from DENTON for all successive water
years during the remainder of this agreement Such reduced
volume allowed by DENTON shall be shown in the exhibit
applicable for that year for requested demands attached hereto
and incorporated by reference DENTON may, but is not obligated
to, allow further reductions in volume in any successive water
years as alternative customers for such water are found
10 4 If DENTON, upon the request of LCMUA, agrees in writing
that LCMUA shall be allowed to cease taking water from DENTON
for all or part of the remaining water years during the term of
PAGE 16
this agreement, this agreement shall terminate and neither party
shall have any further obligation to the other hereunder at the
time such water deliveries cease
11 0 Future Water Plant
11 1 LCMUA agrees to purchase one million gallons per day of
water treatment plant capacity from the new DENTON Water
Treatment Plant
11 2 LCMUA agrees to participate in plant construction by
entering into a Joint Ownership Agreement prior to plant
construction and that such agreement shall supercede the terms
of this contract
11 3 DENTON agrees that LCMUA shall have title to the Plant
as tenants in common and shall, as co-tenants with an undivided
interest, and subject to the terms of a Joint Ownership
Agreement, own the plant and shall have the rights and
obligations, including payment therefore, based on the purchased
percentage share of the plant capacity
11.4 LCMUA agrees, in order to provide unified management of
the Plant, DENTON shall be authorized and designated as Plant
Manager The Plant Manager shall be solely responsible for the
design, construction, operation, and maintenance of the Plant
11.5 LCMUA and DENTON agree as a means of securing effective
cooperation, interchange of information, and consultation on a
prompt and orderly basis, to establish an Owner's Committee
PAGE 17
11 6 LCMUA agrees that failure to participate in the funding
of the plant construction releases DENTON from all obligations
to furnish treated water to LCMUA
12 0 Termination and Default
12 1 Should LCMUA fail, refuse or neglect to pay any bill
for water within sixty (60) days of the date due or should it
refuse, neglect, or fail to comply with or perform any of the
conditions on its part required to be complied with or performed
hereunder, and if after such failure DLNTON shall deliver to
LGMUA, addressed to the General Manager of LCMUA, a notice in
writing of its intent to terminate the supply of water on
account of such failure, refusal or neglect, then DENTON shall
have the right to terminate the water supply at the expiration
of ten (10) days after the giving of such notice and to
terminate this agreement, unless within such ten (10) days LCMUA
shall make good such failure, refusal or neglect The
termination of water service or termination of this agreement,
as provided herein, shall not release LCMUA from its obligation
to make payments of any amounts due or to become due in
accordance with the terms hereof
13 0 Force Majeure
13 1 If, because of flood, drought, fire, explosions, civil
disturbance, war, water system failure or malfunction, acts of
(.od, or other causes beyond the control of either party, either
party is not able to perform any or all of its obligations under
PAGE 18
this agreement, then the respective parties' obligations here-
under shall be suspended during such period
14 0 Liability and Claims
14 1 No claims shall be made by either party hereto against
the other and neither shall be liable to the other for any
damages or loss of any kind resulting from the interruption,
curtailment or reduction of the supply of water, or for the
failure to receive or pay for requested water not received,
which results from the causes listed in Sections 1 4, 6 1, 8 1,
12 1, or 13 0 of this agreement
14 2 DLNTON agrees to hold harmless and defend LCMUA, its
officers and employees, from any claim for injuries, damages or
losses that arises from any act, omission or negligence of
DENTON, its officers or employees, arising from the performance
of this agreement
14.3 LCMUA agrees to hold harmless and defend DENTON, its
officers and employees, from any claims for injuries, damages or
losses that arises from any act, omission or negligence of
LCMUA, its officers or employees, arising from the performance
of this agreement
15 0 Applicable Laws and Regulations
15.1 This agreement is made and shall be subject to the laws
of the United States and the State of Texas and all applicable
regulations or rules of any regulatory authority thereof having
jurisdiction of the subject matter of this agreement
PAGE 19
15 2 Should this agreement, or any provision, thereof be, or
found to be, in violation of any such applicable law or
regulation, either party, upon reasonable notice to the other,
may terminate this agreement, or, upon the mutual consent of
each party, this agreement may be amended so as to be in
compliance with such law or regulation
16 0 No Verbal Agreement
16 1 This contract contains all commitments and agreements
of the parties hereto and no verbal or written commitments shall
have any force or effect if not contained herein
17 0 Benefiting Parties
17 1 This agreement shall inure to the benefit of and be
binding upon the respective parties hereto, their successors and
assigns
18 0 Prior Agreements or Service
18 1 This agreement shall supercede and control over any
prior agreements or understanding, whether written or verbal,
concerning the supply of water by DENTON to LCMUA except as
otherwise provided for herein
19 0 Term
19 1 This agreement shall become effective for the first
water year beginning June 1, 1986, and shall terminate on June
1992 or at such time as a jointly owned water treatment plant is
operational, unless earlier terminated under the provisions
PAGE 20
contained nerein, provided, however that in no event shall this
agreement be in effect in excess of ten (10) years
20 0 Notices
Any notice required under this contract shall be in writing
and sent by certified mail, return receipt requested, postage
prepaid and addressed as follows
NOTICE TO DENTON NOTICE TO LCMUA
Director of Utilities
Utilities Administration
215 East McKinney Street
Denton, Texas 76201
21 0 Amendments
21 1 This Agreement embodies the complete agreement of the
parties hereto, superseding all oral or written previous and
contemporary agreements between the parties and relating to
matters in this Contract, and except as otherwise provided
herein cannot be modified without written agreement of the
parties to be attached to and made a part of this Contract
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective duly-authorized
officers in multiple originals as of the date and year first
above written
CITY OF DENTON, TEXAS
BY
CHARD 0 ST , MAYOR
PAGE 21
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY na ~&uw
LAKE CITIES MUNICIPAL UTILITY
AUTHORITY
BY: e h
President of the Board of Directors
PAGE 22
EXHIBIT "A"
REQUESTED VOLUMES & DEMANDS FOR WATER YEARS
ANNUAL WATER
AVERAGE DAILY
DEMAND
WATER
VOLUME REQUESTED
USAGE
REQUESTED
YEAR
(MG)
(MGD)
(MGD
1986
312
.860
.500
1987
333
.910
.600
1988
354
.970
.730
1989
375
1.030
.838
1990
396
1.090
.944
1991
417
1.140
1.037
1992
438
1.200
1.139
1993
459
1.260
1.237
1994
480
1.320
1.334
1995
501
1.370
1.420
1996
522
1.430
1.460
1997
543
1.490
1.520
1998
564
1.540
1.570
1999
585
1.600
1.630
2000
606
1.660
1.820
2001
627
1.720
1.880
2002
648
1.780
1.940
2003
669
1.830
2.130
2004
690
1.890
2.190
2005
711
1.950
2.250
2006
732
2.000
2.300
CITY OF DENTON
ATTEST:
(yx~wx e~ BY:
CI E 'T Y
DATE : 9
ATTESS
OWN 5 CRETAR
LAKE CITIES MUNICIPAL UTILITY
AUTHORITY
Ge eral Manger
BY:
DATE : March 11, 1986
PAGE 23
utsvuv
ary of DENTON
DENTON, TEXAS 70201
MEMORANDUM
DATE May 7, 1987
TO Jennifer Walters, City Secretary
FROM Gay Racina, Sr Secretary-Util Adm
RE CONTRACT BETWEEN COD $ LAKE CITIES MUNICIPAL UTIIITY
AUTHORITY FOR THE INTERIM SALE OF WHOLFSALE TREATED WATER
Attached please find Exhibt "A", Requested Volumes & Demands for
Water Years, for the above-referenced contract
Please place this Exhibit "A" with the original contract on file
with the City Records, approved by the City Council on February 18,
1986
4~~2~2 I
aci a, Sr Secretary
cc R E Nelson, Executive Director of Utilities
Debra Drayovitch, City Attorney
David Ham, Dir of Wtr/WW Utilities
Howard Martin, Environ Serv Adm
file
Attachment Exhibit A
488OU 2
EXHIBIT "A"
REQUESTED VOLUMES & DEMANDS FOR WATER YEARS
WATER
ANNUAL WATER
AVERAGE DAILY
DEMAND
YEAR
VOLUME REQUESTED
USAGE
REQUESTED
(MG)
(MGD)
(MGD)
- -1987
r
182 5
500
500
1988
219 0
600
600
1989
266 5
730
730
1990
305 9
838
83B
1991
344 5
944
944
1992
378 5
1 037
1 037
1993
415 7
1 139
1 139
1994
451 5
1 237
1 237
1995
486 9
1 334
1 334
1996
518 3
1 420
1 420
1997
532 9
1 460
1 460
1998
554 8
1 520
1 520
1999
594 9
1 630
1 630
2000
664 3
1 820
1 820
2001
686 2
1 880
1 880
2002
708 1
1 940
1 940
2003
777 5
2 130
2 130
2004
799 5
2 190
2 190
2005
821 3
2 250
2 250
2006
839 5
2 300
2 300
ATTEST
/CATY S 1R ARY
ATTEST
SECRE Y
CITY OF DENTTYON
BY f C
DATE /
LAKE CITIES MUNICIPAL UTILITY
AUTHORITY
BY
General Manager
DATE ~/LU / p~ /g87
CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE(817)5668200
MEMORANDUM
DATE MARCH 11, 1989
TO Jennifer Walters, City Secretary
FROM Gay Racina, Adm Secty
RE Lake Cities Municipal Water Authority
Exhibit A- to Wholesale Treated Water Contract
Please attach the enclosed and updated Exhibit A to the
"Contract Between City of Denton and Lake Cities Municipal
Utility Authority for the Interim Sale of Wholesale Treated
Water", dated 2/18/86 Exhibit A is updated annually for this
contract Thank you
cc Lloyd Harrell, C Mgr
David Ham, Dir Wtr/WW Services
Legal Department
Howard Martin, ESA
file
LCMUA EXA
002
RMET/M W,- n r
March 3, 1989
Mr Howard Martin
City of Denton
215 McKinney
Denton, Texas 76201
Dear Howard
Enclosed is our projection of water use as required by
Exhibit A of our contract for treated water
Please see that this is distributed to proper channels
in your organization
Respectfully,
LAKE CITIES MUNICIPAL UTILITY AUTHORITY
~1X~
Martin L Highbaugh A ~
General Manager
MLH PF
encls
Akwif /r1AkoM
PO BOX 355 LAKE DALLAS TEXAS (817) 497 2999
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E
E)GiIBIT p
CONDITIONS OF SERVICE
FOR
TREATED WATER
WHOLESALE CUSTOMERS
DALLAS WATER UTILITIES
January 1985 f4
CONDITIONS OF SERVICE
FOR
TREATED WATER
WHOLESALE CUSTOMERS
TECHNICAL STANDARDS & APPENDICIES
ADOPTED by the DALLAS CITY COUNCIL
on DECEMBER 19. 1984
DEVELOPED by the
WATER MANAGEMENT ADVISORY COMMITTEE
and DALLAS WATER UTILITIES STAFF
cJC11k1511JC11@r utdlftes
my of ciNOs
January 1985
c~da~ water VIEWS
City HMO.OaIM& Tom 75277 • (214)670.3146
February 12, 1985
Members of Water Management Advisory Committee
Dallas Water Utilities is extremely proud of the system it has developed
and the manner in which we provide water and wastewater services to the
citizens of Dallas and municipalities and other entities in the region.
In a cooperative effort to maintain high standards and excellence in the
system, we along with the members of the Water Management Advisory
Committee, have developed conditions and guidelines for 'new customers
requesting service from Dallas Water Utilities.
The "Conditions of Service for New Treated Water Wholesale Customers" was
developed and endorsed by a subcommittee of the Water Management Advisory
Committee in August 1984 and adopted by resolution of the Dallas City
Council in December 1984. These conditions not only establish guidelines
and minimum system requirements for new customers, but serve to also
protect and enhance the system and its ability to continue delivering
safe, dependable, economical water service to all customers participating
in the system.
Dallas Water Utilities is constantly seeking ways to improve the quality
of our service and operate more efficiently and economically. The
development of these conditions of service will enhance our ability to
reach and maintain that goal.
We are very appreciative of the time, work, and
development of these guidelines and conditions.
each member of the New Customer, Subcommittee,
exemplary effort and the truly fine product that
Sin1cerely,
Thomas E. Taylor
Director
spirit that went into the
I would like to thank
and my staff for their
resulted from their work.
trh
TABLE OF CONTENTS
Front Cover
i Frontispiece
ii Foreword
iii Table of Contents
iv Approving Resolution
v Conditions of Service for New Treated Water Wholesale Customers
Appendix "A"
Guidelines for Calculating Water Transportation Costs 1
Appendix "B"
Water System for Wholesale Treated Customers
Appendix "C"
Wastewater Systems for Wholesale Customers 5
A. Soil Percolation Tests 7
B. Absorption Trench Area 8
C. Minimum Residential Lot Size 9
Appendix "D"
Water and Wastewater Master'Plan Data 10
Back Cover
iii
COUNCIL « a 8 4 4 011
December 19, 1984
WHEREAS, the City of Dallas presently provides wholesale treated water
service to 16 cities and water districts and to the Dallas/Fort Worth
Airport; and
WHEREAS, the City of Dallas maintains a willingness to sell treated water
to other entities within the water service area defined by the Peat,
Marwick, Mitchell and Company study, "Analysis of Water Service Area
dated May 9, 1980; and
WHEREAS, it is advisable to revise the "Conditions of Service for Treated
Water Customers", as adopted by Council Resolution 80126, dated April 30,
1980, for prospective new customers; and
WHEREAS, a subcommittee of the Water Management Advisory Committee has
developed and proposed for Dallas' adoption detailed service conditions
for new wholesale customers; and
WHEREAS, it is desired that the attached "Conditions of Service for
Treated Water. Customers" be adopted by Dallas; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS=
Section 1. That the City of Dallas reaffirms its willingness to sell
treated water to entities within the water service area defined by the
Peat, Marwick, Mitchell and Company study, of May 9, 1980, "Analysis of
Water Service Area" and adopts the attached "Conditions of Service for
Treated Water Customers."
Section 2. That the Director of Dallas Water Utilities is authorized to
develop rules and technical standards for implementing the "Conditions of
Service for New Treated Water Wholesale Customers."
Section 3. That this resolution shall take effect immediately from and
after its passage in accordance with the provisions of the Charter of the
City of Dallas and it is accordingly so resolved.
0122g/trh
APPROVED BY
CITY COUNCIL
OEC 19 1984
after/
Cox
"a" OF OVA Out CTOR Os tjNA„C,s ~~Ty
8$% 1M~ iv 14
84401
COI11Di1'ZO~rs Ot 32 C2 FOR DIEM TREATED MATER WHOLESAj,a CUSTC14ZRS
BACKGROUND
The Dallas water system currently serves 16 wholesale customer cities and
the Gallas/lost Worth Airport. The water Management Advisory Committee,
made up of representatives from each Of the wholesale customer cities and
D/FM Airport, has developed proposed miniaum guidelines for new wholesale
water customers. Dallas anticipates that future growth and development
in the service area defined by the May 9, 1960, Peat, Marwick, Mitchell
and Company study, "Analysis of Water Service Area" will necessitate
sales to new wholesale customers.
PUS E
These minimum conditions will help to insure that the provision of water
service is equitable: that issues related to the public health and
well-being are addressed; that water resources in the 'service area are
protected and maintained for the benefit of those who depend on themt and
that adequate infrastructures within the Dallas water system are built
thus protecting the level and quality of service to existing as well as
new customers.
In addition, these guidelines are provided to assist entities in their
planning, financing and political actions in as far as water resource and
water supply issues are concerned.
SERVICE CONDITIONS
The essential service conditions shall be:
Now cus omers bear up-front costs for all delivery and metering
No new customers be accepted for service if unplanned expansions of
the system would be required. .
Rates are to be established by Dallas.' cost-of-service studies and
will be charged on either a two-part or flat rate basis.
Transportation charges (when applicable) shall be negotiated
separately with customer entities, shall be in addition to the rates
established for water, and shall be subject to approval by Dallas.
New customers must have an adequate water storage and distribution
system and adequate wastewater collection and treatment facilities or
definitive plans therefor.
Water and wastewater. master plans must be provided and revised at
least every five years.
V
844011
service will.. be provided only to legally constituted entities
authorised by the state of Texas to provide potable water service,
The entity must have the authority to exert or contractual
relationship for control over land use and development and the
necessary ordinances must be in effect prior to the effective date of
acontract.
Now customers shall have and maintain operator certification for an
"approved" water supply as required by state regulations.
Delivery facilities, metering stations, and rights-of-way shall be
dedicated to Dallas. Upon dedication, Dallas will assume maintenance
responsibility for these facilities.
Service shall be subject to the availability of water.
Resale of Dallas water is prohibited without Dallas' prior approval.
Transportation charges, when applicable, will be collected by Dallas
and credited to the appropriate customer account.
Ezcess capacity in the transmission mains shall be available, to
Dallas for system transportation use.
Customers shall be required to convert to the two-part rate when
•their daily water demand reaches 1 MGD (million gallons per day).
Before Dallas will provide water service to a customer entity located
within the corporate boundaries of a municipality, the customer must
first obtain agreement from that municipality if that municipality
also provides water service within its corporate Loundaries.
vi
SERVICE CONDITIONS
FOR
TREATED WADER CUSTOMERS
I. SERVICE AREA
Within the Service Area defined by Peat, Marwick, Mitchell i Company
"Analysis of Water Service Area" May 9, 1980.
Also public entities adJacent to Eastern Reservoirs (Hubbard, Tawakoni,
Palestine, an Late Fork) if adequate water supplies are not otherwise
available. (Untreated Water)
II. DEFINITION a SUPPORT - It is recognized that all the inhabitants of
service area will eventually become dependent on the supply of surface
water. Minimum requirements must be established and maintained to insure
that this transition is equitable, that the related public health and well
being issues are addressed, and that the water resources of the area are
protected and maintained for the benefit of,those who depend on thee.
These minimum requirements will, by necessity, become the obJ ecti ve of any
responsible entity seeking surface water. For many entities, achieving
the minimum requirements will require time, political action and
substantial financial resources. It is therefore essential that the
requirements are uniformly administered and relatively stable so this
process can take place.
III. MINIMUM REQUIREMENTS
A. FINANCIAL
1. New custoa~rs to bear up-front costs necessary to make servi e
available (normally delivery facilities and metering stations.
Facilities to be sized for foreseeable future.
2. No new customers that would necessitate unplanned expansion of
treatment and transmission facilities.
3. Rates shall be ;as established by the most recent cost-of-service
study As adopted for each customer class exclusive of
transportation charges.
(a) Treated water rates are classed as either (i) two-part rate
or (ii) flat rates.
Two-part rates are charged based on a volume component
and demand component. Customers on two-part rates have
an opportunity to optimize their average cost for water.
Flat rates are charged based only on volume of water
supplied.
ID) Where water is transported through one or more customer
entities,. transportation charges should be negotiate#
separately with such entities, and will be in addition to
the rates established for water. Appendix "A" may be used
as a guide to estimate the cost of this service.
B. TECHNICAL
1. The entity requesting service should have an established water
storage and distribution system as defined in Appendix "B".
2. The service area of the entity requesting service shall have
its sanitary waste collection and treatment systems subject to
a responsible governmental agency having minimum requirements
as defined in Appendix "C".
3. The entity requesting service shall have a water and wastewater
master plan as defined in Appendix "0". Master plans shall be
updated periodically, but at not less than 5 year intervals.
C. ORGANIZATION
Service may be provided to legally constituted entities who can
validate their ability to meet other service conditions and are
authorized by the State of Texas to provide potable water service to
a specifically defined area. Ability of the entity to effectively
assert control over land use and development and provide adequate
wastewater collection and disposal will be of paramount importance
in considering new customers. Service to municipalities or entities
which serve within the corporate boundaries of municipalities is
envisioned. However, service to others is not precluded.
Requesting entity shall have and maintain operator certification as
required by the Texas Department of Health for an "approved" water
system.
IV. OTHER REQUIREMENTS
A. Delivery facilities; metering stations, and rights of way to be
dedicated to-Dallas. Dallas to assume maintenance responsibility.
B. Service shall be subject to the availability of water.
C. Resale of water is prohibited except with prior approval of Dallas.
0. Base rates for resale may be the Dallas two-part or flat rate, as
appropri ate. Transportation charges will be additive and also
subject to Dallas approval.
Iv: OTHER REQUIREUENTS (continued)
E. When Dallas transports water to a Dallas customer using mains of
other customers, Dallas shall collect the agreed transportation
charge and credit the account of the customer providing the
transportation services.
F. Ordinance and other legal bases for land use and development control
shall be in effect prior to contract effective date.
G. Temporary excess capacity in transmission mains shall be available
for system transportation use.
H. Customers shall be required to convert to two-part rates upon
reaching 1 MGD maximum demand.
1. Agreement for Dallas to serve an entity proposing to operate within
the corporate boundaries of a municipality must be obtained from the
municipality if the municipality provides water service within its
corporate boundaries.
I.
APPENDIX "A'
u e nes
for
Calculating Treated Wa er Trans oration Costs
or se en n y Transports i r
Thru Their Systm For Another Entity)
Calculations to determine treated water transportation costs should
consider the following elements of cost:
A. Costs Proportional to Demand
(1) Distribution System Amortization
(2) Pumping Facility Amortization
(3) Physical Plant Maintenance
(4) Administration Overhead
B. Costs Proportional to Volume
(1) Electrical Service for Pumping
(2) Distribution System Water Losses
(3) Chemical Retreatment (If Required)
II.
Transportation costs may be calculated by the following formula:
Formula for estimating the monthly cost of transporting water
through an entity, plus a mark-up of 10 percent:
TCI
TCM = Total
CAFC = Total
ET = Total
CWW = Total
M CAFC + ET + CWW 1.1
12
monthly transportation charges at 109 markup.
annual fixed cost
electric service cost for Q delivery
water loss cost for Q delivery
1. CAFC CCA__ + 0.02 CCAP + 0.01 CCAP
i
CCAP Z Capital cost of pumping and distribution plant for
transport of peak demand desired (see tables)*
i = Interest rate of debt service expressed as a decimal
N = Term of bonds or loan in years
0.02CCAp = Annual maintenance cost
0.01CCAp = Annual administrative cost
2. CCAP = OL (Cost/Mile/MW)* + (cost of pumping plant/MGO)* 1+ L 8
8
0 = Maximum annual demand setting in MGO
L = Number of miles from pump station to delivery point (minimum
value of L is 8 in the second part of this equation)
3.
4.
* see tables for 1984 estimated values
ET 1.5 + 1.5 (L + 1.5(- H ) EQ
8 160
L = Number of miles from pump station to delivery point (minimum
value of L is 8 in this equation)
H = Elevation difference in feet between pump and point of
delivery expressed as a positive or negative value
E = Average electrical cost per KWH at pump station expressed
in dollars
Q = Volume of delivery in gallons/1000
CWW = Q (0.15) (Dallas water commodity cost in s/1000 gallon)
WATER TRANSPORTATION CAPITAL COST TABLES
Capital cost per mile of one MGO capacity system
PIPE SIZE COST/MILE/MGO COST OF PUMPING PLANT/MGO
8"
$40,000.
12"
40,000.
18"
35,000.
20"
31,000.
24"
21,000.
30"
16,000.
$10,000
SAMPLE CALCULATION
Asswe: 1 = 0.08 E _ $0.06
N • 30 years H = 0
L = 6 miles Q ' 15,000 •
0 0.5 NGO 24" pipe site
Dallas Water Comodity Cost/1000 gal. _ $0.22
TC14 CAFC + ET + CWW 1.1
12
CCAP = DL (21,000) + 10,000 (1) _ (0.5)(6)(21,000)+109000 = 73,000
CAFC 73,000 + 0.03 (73,000)
= 73 00000 + 0.03 (73,000) = 6484.28 + 2190 = $8,647.28
ET = 1.5 + 1.5 (8-8) + 1.5 (0) (0.06) (15,000)
8 (160
= 1.5 (0.06) (15,000) = $1,350
Cyw _ (15,000) (0.15) (0.22) _ $495.00
TCM = 8674.28 + 1350 + 495 722.86 + 1350 + 495 = $2,567.86
12
Average Cost/1000 gal. transported =14;A
1.1 = $0.1883
Assistan
ce in application of the formula is available from Dallas Water
Utilities.
APPENDIX "B"
WATER SYSTEMS FOR WHOLESALE TED WATER CUSTOMERS •
All wholesale customer water systems shall, as minimum, comply with the
prevailing requirements of the MRules and Regulations for Public Water Systemsm
as established by the Texas Department of Health. However, the rules and
regulations do not address concerns of the Dallas Regional Water Supply System
regarding economic and water conservation considerations, thus they are not all
inclusive for the purpose of considering the adequacy of potential customer
water systems.
Following are considerations to be addressed in addition to State standards:
I. Distribution system constructed by acceptable methods and of acceptable
materials to convey water to internal customers considering...
water distribution loss reduction Engineering studies shall
validate system average loss in distribution of less than 155.
potential contamination during distribution.
adequacy of pressures for fire protection and customer
convenience (normally minimum pressure shall be 35 p.s.i.
operating and 20 p.s.i. residual).
II. Conservation Plan and Practices...
all accounts (including municipal) metered.
published contingency plans for conservation during water
shortages, peak demand periods, emergencies.
III. Minimum ground and elevated storage shall be constructed or planned to
i nsure.. .
total storage equal to .75 times average day consumption.
maximum demand on the system shall not exceed 3 to 1 ratio
maximum day to storage.
elevated storage equal to 50 percent of average daily
consumption or 55 gallons per capita, whichever is less,
with a maximum of; 5.0 MG required in each pressure zone.
IV. Permanent connections, in excess of 5 years operating off Dallas' pressure
wi 11 not be made. (Temporary connections normally shall not be made
for periods in excess of five years).
V. Air gaps for ground storage and backflow preventers for elevated storage
shall be provided. Approved backflow preventers are required for all
temporary connections.
V1. Pumping system capable of moving water into storage and into distribution
system shall be in place or planned so as to insure compatibility with an
optimum utilization of storage and distribution system.
VII. Treatment facilities shall be available if supplementary water requiring
additional treatment is to be used.
VIII. If system improvements are necessary to meet minimum service requirements,
evidence of ability to finance the improvements must be provided.
APPENDIX "C"
WASTEWATER SYSTE14S FOR SALE CUSTOMERS
All wholesale customer wastewater systems shall, as a minimum, comply with the
prevailing Design Criteria for Sewerage Systems" as established by the Texas
Department of Health.
Following are additional considerations to be addressed:
1. Interconnected wastewater collection
the percent of customers residing
indicated by the following graph:
gR
and transmission system must serve
within the corporate boundaries as
II. Wastewater disposal for residents not on established wastewater collection
and transmission systems shall, as a minimum, comply with applicable...
local ordinances
county ordinances
State of Texas standards
In the absence of equal or, more stringent standards, Attachment 1 to
this Appendix C,"shall be considered the minimum standard for private
sewage facilities. Primary considerations for evaluating private
sewage facilities shall be (1) a valid percolation test, (2) adequate
absorption field and (3) satisfactory construction. Enforcement
authority for these considerations must be evidenced.
III. The collection and transmission system shall be constructed according to
acceptable methods and of acceptable materials.
IV. The system in use shall not exceed the life expectancy cycle as outlined
for the Dallas Water Utilities wastewater collection, transmission and
treatment system.
V, Treatment Plant, if operated by customer, shall be permitted by
Environmental Protection Agency and approved by applicable State authority
and shall...
be adequately sized and maintained to meet permit requirements.
be operated by qualified operators meeting minimum State
certification requirements.
be in satisfactory condition to serve future requirements.
have an approved Master Plan for future expansion.
V1. If treatment service is to be provided by others, the service shall be
evaluated according to the same standards as if customer proposed to
operate the plant.
VII. Where areas are being served by septic systems or small unit treatment
systems, a master plan .for development of the collection system and
connecting customers to the collection and transmission systems must be
available.
VIII. It is recognized that local, county and State requirements for septic
systems and other private sewage facilities are general rather than
specific. The authority of Dallas to impose requirements for wastewater
collection and disposal based on the specific situation being evaluated is
recognized.
1
ATTACHMENT I
EXHMT C
A. PRIVATE SEWAGE FACILITIES - SOIL PERCOLATION TESTS
1. Minimum of 2 test holes unif0mly spaced over absorption field
site. Four holes may be required, depending on results of 2 holes
tests, per Texas Department of Health publication.
2. Test hole should be 12-15 inches in diameter to the depth of the
proposed trench.
3. Sides and bottom of hole must be roughened to remove slick,
smeared surfaces.
4. Saturation of the soil to establish swelling during wet weather is
required for a minimum period of 24 hours prior to percolation
test.
5. Percolation test requires a water depth of 12 inches. The drop in
water level is measured over a 30 minute period.
6: Sandy soil tests require other procedures.
NOTE: This information is from Texas Department of Health's
"Construction Standards For Private Sewage Facilities".
B. PRIVATE SEWAGE FACILITIES - ABSORPTION TRENCH AREA FOR 3 BEDROOM
SINGLE FAMILY RESIDENCES
60
SO
40
Z
~ 30
20
/O
AVERAGE PERCOLATION RATE (MIN./INCH)
SAND 1-5 SILTY CLAY 31- 43
SANDY LOAM 6-15 CLAY LOAM 46 - 60
SANDY CLAY 16 - 30
FE40 woo IN FEET
NOTES:
1. Absorption trench is not allowed for gravel and clay soils where
percolation rate is less than 1 min. /inch or greater than 60
mi n. /i nch.
2. Area shown is for an absorption trench in irregular terrain which
is larger than an absorption trench in level terrain.
3. Chart is based on Texas Department of Health's "Construction
Standards for Private Sewage Facilities".
4. Calculations for chart are based on:
Trench width of 1 foot with roughened sides and bottom.
Spacing between parallel trenches of 5 feet.
Maximum trench length of 60 feet.
Minimum trench bottom areas per Texas Department of Health's
publication referenced.
Pipe in parallel trenches must be level.
5. Each additional bedroom shall increase the area requirement of
absorption trench by 33% of that shown in the table.
0 100 200 300 400
C. MINIMIM RESIDENTIAL LOT SIZE - PRIVATE SEWAGE FACILITIES - DIAGRAM OF
MINIM ABSORPTION TRENCH AREA FOR 3 BEDROOM RESIDENCE
I
I j
Ofsir j
F
\l--
I I~
a
I
10' MIN. FROM -of
PROPERTY LINE
i~
SOIL ABSORPTION
SYSTEM (TRENCH
ON SLOPE )
jr
s~nrc ~
STANK
f7JTlAlit' S'1':SlEAI
-----------_j
SPACE
r._- RESERVED FOR
j DUPLICATE A8WRPTION
SY EM (TO ACCOMODATE
R MW BEDROOMS OR
V REPLACEMENT OF
3 I DAMA= SYSTEM
LENGTH L)
To determine the required minimum lot size multiply lot length by width:
Length = Building set-back from property line + house depth +
distance from house foundation to septic tank (minimum 5') +
septic tank installation + distance from septic tank to soil
absorption system (minimum 5') + *length or width of future
soil absorption system (from chart) and 10' minimum
clearance + length or width of soil absorption system (from
chart). + distance to property line (minimum 10')
Width Distance from property line to soil absorption system
(minimum 10') + length or width of soil absorption system
(from chart) + *length or width of future soil absorption
system (from chart) and 10' minimum clearance + distance
from soil absorption system to property line (minimum 10')
*Duplicate space must be allowed within the length and width of the
lot for a future absorption system to accomodate house expansion and
replacement of a damaged absorption system.
0. A maintenance requirement shall be in effect such that any standing
surface seepage observed 24 hours after rainfall in the immediate area
of the absorption-system shall be repaired by the owner within 30 days
after notification or it will be repaired for him at his expense.
APPENDIX D
WATER AND WASTEVATERER PLAN DATA
I. WATER
A. Existing System
1. Written Description of Present System
a. Past Experience For The Previous 5 and 10 Year Periods
1. Average day water demand
2. Maximum day water demand
3. Population
4. Gallons per day per capita
b. Demands
C. Supplies
d. Distribution
e. Storage
f. Land Use
g. Future Improvements
h. Goals
2. Map of System
a. Entity's Owned Facilities
b. Purchased Water Facilities
c. All Transmission and Distribution mains
3. Entity's Owned Facilities
a. Types of Facilities
1. Wells
2. Water Treatment Plants
3. Storage Facilities
4. Pumping Stations
b. Hydraul it Capacity-
4. Purchased Water Facilities
a. Water Supplier
b. Types of Facilities
c. Hydraulic Capacity
1.
B. Future Systm
1. Map of Future System
a. Future Owned Facilities
b. Future Purchased Water Facilities
c. Future Transmission and Distribution Mains
d. Future Points of Delivery
2. Owned Facilities
3. Purchased Water Facilities
C. Area to be Served by City of Dallas
1. Map of Service Area
a. Present Boundaries
b. Anticipated Future Boundaries
0. Population
1. Present Area Population
2. Population Projected; 5, 10, 15, 20, 25 years minimum
E. Water Requirements
1. Present
a. Average Maximum Daily Demand
b. Maximum Daily Demand
C- Maximum Hourly Demand
2. Projected Water Requirements; 5, 10, 15, 20, 25 years minimum
a. Average Maximum Demand
b. Maximum Daily Demand
C. Maximum Hourly Demand
II. WASTEWATER
A. Existing and Future System
1. Written Description of Present System
a. Past Experience
b. Demands
c. Collections System
d. Type of Treatment
e. Future Improvements
f. Goals
2. Map of System
a. Entity's Owned Facilities
b. Contracted Wastewater Disposal Facilities
c. Sewer Mains
d. Effluent location
3. Flow Data
a. Peak Flow
b. Average Daily Flow
4. Treatment
a. Entity's Owned Facilities
b. Contracted Wastewater Disposal Facilities
c. Type of Treatment
d. Type of Discharge Permit
(copy
CITY of DENTON, TEXAS 215 E. WKINNEY/ DENTON, TEXAS 762011 TELEPHONE (817) 566.8200
February 7, 1990
Johnny Harris
General Manager
Lake Cities Municipal Utility Authority
P.O. Box 355
501 N. Shady Shores Road
Lake Dallas, Tx 75065
Dear Mr. Harris:
The City of Denton is currently updating the raw and finished water
requirements for the Denton system. Each year Exhibit A of the
Denton/LCMUA water contract must be updated and revised to establish
treated water requirements for the LCMUA as per section 2.2 of the
contract.
The City of Denton is requesting that the LCMUA submit, in writing, the
following information:
1. The projected treated water volume requirements for the water year
June 1, 1990 to May 31, 1991.
2. The maximum daily demand setting to be utilized at the rate
of flow controller for the water year June 1, 1990 to
May 31, 1991.
Your prompt response concerning this request would be greatly appreciated.
If you have any questions or need additional information, please contact
Howard Martin of my staff at (817) 566-9327.
Respectfully,
C. David Ham, Director
Water/Wastewater Utilities
cc-. R.C. Nelson
H. Martin
File:PT:D:LCMUA290
WATER
YEARS
WATER DEMAND FOR YEAR ENDING MAY 31, 1991
ANNUAL WATER AVERAGE DAILY DEMAND
VOLUME REQUESTED USAGE (MGD) REQUESTED
(MGD)
1991
182.5
500,000
500,000
1992
200.7
550,000
550,000
1993
219.0
600,000
600,000
1994
237.25
650,000
650,000
1995
237.25
650,000
650,000
C IES MUNICIPAL UTILITY AUTHORITY
Johnny ar is, General Manager
Feb. 12, 1990