19-043DRIINANCE NO. 19-045
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING TH
EXPENDITURE OF FUNDS FOR PAYMENT BY THE CITY OF DENTON FOR TH
OPERATION AND MAINTENANCE FEE FOR WATER STORAGE AT LAKE LEWISVILL
AND LAKE RAY ROBERTS TO THE U.S. ARMY CORPS OF ENGINEERS; AN
1
PROVIDING AN EFFECTIVE DATE (WATER STORAGE O&M FEE IN THE TOTA
AMOUNT NOT TO EXCEED $123,000).
WHEREAS, on or about August 15,1980, the City of Denton ("City") contracted in
perpetuity with the U.S. Government for the use of water storage in Lake Lewisville and Lake Ray
Roberts Lake for the municipal water supply (pursuant to 43 U.S.C. 390(b) (the "Water Supply
Act"); and
WHEREAS, the Water Supply Act requires that all annual operation, maintenance, and
replacement costs for municipal water supply storage are reimbursed on an annual basis by the
City to the U.S. Government, Army Corps of Engineers and therefore the City of Denton is
required to pay the fees set forth in Exhibit A; and
WHEREAS, the City Manager recommends that the City Council approve and authorize
the yzy.-Arvmif, tk ie-se-reAv ired fees f* r w2ter st*r;-.gg *yP.r?&*ns 9 xt mo i:kw-x9.xce at L,?.ke L
and Ray Roberts Lake; NOW, THEREFORE
SECTION 1. That the expenditure of funds in the amount not to exceed $123,000 to be
[�,,aid to the U.S. Government, United States Army Corps of Engineers shown in Exhibit A, which
is attached hereto and made a part of this Ordinance for all purposes, is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to pay invoices related
to the Water Storage O&M fee pursuant to this Ordinance and to take any actions that may be
required, or permitted to be performed by the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by ... _jand
seconded by mm„the Ordinance was passed and approved by
the following vote q.
Aye Nay Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
. .......... . . ......
Keely G. Briggs, District 2:
. ..... .
Don Duff, District 3:
John Ryan, District 4:
. . .. . .....
Deb Armintor, At Large Place 5:
. . . . ........... .
Paul Meltzer, At Large Place 6:
. . ......... . —
PASSED AND APPROVED this the
..�day of ��'�� ....,, ..... 2019.
Cw N II S' WATTS, M, A YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
L..:.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: .w.
..
SUPPI ENTAL AGREEMENT NO. P00001
TO
CONTRACT NO. DACW63-80-C-0104
(THE CITY OF DENTON AND THE
CORPS OF ENGINEERS DATED 15 AUGUST 1980)
THIS SUPPLEMENTAL AGREEMENT, entered into this I f 4 day of " 1982,
by and between the Government, represented by the Contracting Officer executing
this agreement, and the City, WITNESSETH:
WHEREAS, on the 15th day of August 1980, the parties hereto entered into
Contract No. DACW63-80-C-0104 for Water Storage Space in Aubrey and Lewisville
Lakes.
WHEREAS, Public Law 96-384, 94 STAT. 1527, changed the name of Aubrey Lake to
Ray Roberts Lake, effective January 4, 1981.
NOW, THEREFORE, the parties agree as follows:
1. Contract ARTICLE 15 Water Conservation, is deleted in its entirety.
�. �.
2. All other terms and conditions of the original contract shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this supplemental agreement
as of the day and year first above written.
CITY OF DENTON, TEXAS - i <" lal`AITED SiA`��,RICA
7
By:1 car �. ^
d 0.-. _. _......
'i-ewaar Dod<�a 1.H b . Palladino
Mayor Colonel, CE
Contracting Officer
Charlotte Allen
I, 1KdMXjKW&X certify that I am the City Secretary of the City of Denton,
Denton County, Texas, named as City herein; that Richard 0. Stewart who signed
this supplemental agreement on behalf of the City of Denton was then Mayor of
the City of Denton, Texas; that said supplemental agreement was duly signed for
and on behalf of the City of Denton, Texas by authority of its governing body
and is within the scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said City
of Denton, Texas this 1 s t day of Anr i 1 , 1982.
Calotte Allen ..........
X
Secretary
City of Denton, Texas
CORPORATE SEAL
Contract No. DACW63-80-C-0104
CONTRACT BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR
WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS
_A
THIS CONTRACT, entered into thiskJ day of 1980, by and between
the United States of America (hereinafter called ent) , represented
by the Contracting Officer executing this contract, and the City of Denton,
Denton County, Texas (hereinafter called the City), WITNESSETH THAT:
WHEREAS, the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat. 1091)
authorized the construction, operation, and maintenance of Aubrey Lake including
modification of Garza -Little Elm Reservoir, since renamed Lewisville Lake, (here-
inafter called the Project) on the Elm Fork of the Trinity River in the State of
Texas; and
WHEREAS, in accordance with the authorized modification, Lewisville Lake
(located immediately downstream from the Aubrey Dam) will be modified to permit
the transfer of flood control storage from Lewisville Lake to Aubrey Lake for
an equivalent amount of water supply storage in Lewisville Lake for municipal
and industrial uses; and
WHEREAS, the City desires to contract with the Government for the use of
storage included in Aubrey Lake and the additional storage to be made available
in Lewisville Lake for municipal and industrial water supply and for payment
of the cost thereof in accordance with the provisions of the Water Supply Act of
1958, as amended (43 U.S.C. 390b); and
WHEREAS, the City is empowered so to contract with the Government and is
vested with all the necessary powers for accomplishment of the purposes of
this contract, including those required by Section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b);
NOW, THEREFORE, the Government and the City agree as follows:
ARTICLE 1. Water storage space.
a. Cxoject S c°n,stnict ion. The Government, subject to the directions of
Federal law and any limitations imposed thereby, shall design and construct the
Project so as to include in Aubrey Lake space for the storage of water by the
City and space for the storage of floodwaters which will permit the reallocation
of flood control storage in Lewisville Lake to municipal and industrial water
supply storage, a portion of which will also be utilized by the City.
b. Rights of the Citv..
(1) The City shall have the right to utilize (a) an undivided 26.0
percent (estimated to contain 207,900 acre-feet gross storage, including
storage for sediment deposits) of the total storage space in Aubrey Lake below
elevation 632.5 feet above mean sea level, which total storage space is
estimated to contain 799,600 acre-feet gross storage, including storage for
sediment deposits, and (b) an undivided 26.0 percent (estimated to contain
46,200 acre-feet gross storage, including storage'for sediment deposits) of
the total storage space in Lewisville Lake between elevations 515.0 feet above
mean sea level and 522.0 feet above mean sea level, which total storage space
is estimated to contain 177,600 acre-feet gross storage, including storage for
sediment deposits. The storage space in Lewisville Lake is to be used to im-
pound water for present demand or need for municipal and industrial water supply;
and the storage space in Aubrey Lake is to be used to impound water for present
and anticipated future demands or needs for municipal and industrial water supply.
In Aubrey Lake, 52 percent (an estimated 1,08,100 acre-feet) of the space which
the City has a right to utilize is for present use water storage and 48 percent
(an estimated 99,800 acre-feet) is for future use water storage.
y the right to withdraw or transfer water from
or transfer )water into either hor�b1
m o tia of the two lakes, or to oKde ,._r,.ql ea$es _ to
be made by the C y.,ernmont,_th ou$h the ou�t.9 e t orks n the da i , subject to the
provisions of Article lc and to the extent the aforesaid storage spaces will
provide. The City shall have the right to construct all such works, plants,
pipelines, and appliances as may be necessary and convenient for the purpose of
transfers or withdrawals, subject to the approval of the Contracting Officer as
to design and location. The grant of rights -of -way across, in, and upon land
of the Government at Aubrey Lake and at Lewisville Lake shall be by separate
instrument in a form satisfactory to the Secretary of the Army, without addi-
tional cost to the City, under the authority of and in accordance with the
provisions of 10 U.S.C. 2669. Subject to the conditions of such grants, the
City shall have the right to use so much of Aubrey Lake and Lewisville Lake
lands as may reasonably be required in the exercise of the rights and privileges
herein granted.
c. Y &]2is reserved. �The Government reserves the right to lower the water
in Aubrey Lake to elevation 632.5 feet above mean sea level and to lower the
water in Lewisville Lake to elevation 522.0 feet above mean sea level during
such periods of time as is deemed necessary, in its sole discretion, for flood
control purposes. The Governuent further reserves the right to take such
measures as may be necessary in the operation of Aubrey Lake and Lewisville
Lake to preserve life or property.
d, i u r„°.l.a t or av ailaba.l..ity (yC` water. The City recognizes that this con-
tract provides storage spaces for raw water only. The Government makes no
representations with respect to the quality or availability of water and
assumes no responsibility therefor or for the treatment of water.
of and � eit_to use of water. The regulation of
the useTofLwater witherawnno� �s from o r released from or transferred to or from the
aforesaid storage spaces shall be the sole responsibility of the City. The
City has the full responsibility to acquire in accordance with State laws and
regulations, and if necessary to establish or defend, any and all water
rights needed for utilization of the storages provided under this contract.
The Government shall not be responsible for withdrawals, transfers, or
diversions by others, nor will it become a party to any controversies
4
involving the use of the storage spaces by the City except as such controversies
may affect the operations of the Government.
ARTICLE 3��' and maintenance.
mm_ ce.. The Government shall operate and
maintain AubreyLake and Lewisville L�_,_.
O � a,.�;ation
Lake, and the City shall pay to the Government
a share of the costs of such operation and maintenance as provided in Article 5c.
The City shall be responsible for operation and maintenance of all installations
and facilities which it may construct for the transfer into or out of or with-
drawal of water from either or both of the two lakes and shall bear all costs of
construction, operation, and maintenance of such installations and facilities.
ARTICLE 4. Measurement of withdrawals and releases. The City agrees to
furnish and install, without cost to the Government, suitable meters or measuring
devices satisfactory to the Contracting Officer for the measurement of water
which is transferred into Aubrey Lake or Lewisville Lake or is withdrawn or
transferred from Aubrey Lake or Lewisville Lake by any means other than through
Aubrey Lake or Lewisville Lake outlet works. The City shall furnish to the
Government monthly statements of all such withdrawals or transfers. Releases
from the water supply storage spaces through Aubrey Lake or Lewisville Lake
outlet works shall be made in accordance with written schedules furnished by the
City and approved by the Contracting Officer and shall be subject to Article lc.
The measure of all such releases shall be by means of a rating curve of the
outlet works or by such other suitable means as may be agreed upon prior to use
of the water supply storage space or spaces.
ARTICLE 5. Payments. In consideration of the right to utilize the aforesaid
storage spaces in Aubrey Lake and Lewisville Lake for municipal and industrial
water supply purposes, the City shall pay the following sums to the Government:
a. Proiect investment costs.
(1) The City shall repay to the Government, at the times and with
interest on the unpaid balance as hereinafter specified, the amounts stated below
which, as shown in Exhibit A of this contract, constitute the entire estimated
amount of the construction costs, including interest during construction, allo-
cated to the water storage rights acquired by the City under this contract. The
;interest rate to be used for purposes of computing interest during construction
and interest on the unpaid balance will be determined by the Secretary of the
Treasury as of the beginning of the Government fiscal year in which construction
of the Project is initiated on the basis set forth in the Water Supply Act of
1958, as amended. Such interest rate at the time of negotiation of this contract
(Government fiscal year 1980) is 7.210 percent. The City shall repay:
26 percent of the construction cost of specific water
supply facilities, estimated at $ 56,700
18.39 percent of the total Project joint use
construction cost, estimated at 32,663,500
Interest during construction, estimated at 4µ718,200
Total estimated amount of Project investment cost
allocated to 26 percent of the water supply $37,438,400
I
A U G 1 5 1980
(2) The Project investment costs allocated to the storage space
indicated in Article 1(b)(1) as being provided for present demand is currently
estimated at $19,641,600, on the basis of the costs presented in Exhibit "A".
The amount of the Project Investment costs allocated to the storage for
present demand shall be paid in 50 consecutive annual installments, the first
of which shall be due and payable within 30 days after the City is notified
by the Contracting Officer that the Project is completed and operational for
water supply purposes. Annual installments thereafter will be due and payable
on the anniversary date of the first payment. Except for the first payment
which will be applied solely to the retirement of principal, all installments
shall include accrued interest on the unpaid balance at the rate provided
above. The last annual installment shall be adjusted upward or downward when
due to assure repayment of all of the investment costs allocated to the storage
for present demand within 50 years.
(3) The Project investment cost allocated to the remaining portion of
the storage space, that provided in Aubrey Lake for future use, is currently
estimated at $17,796,800 on the basis of the costs presented in Exhibit A of
this contract. No principal or interest payment with respect to this storage
for future water supply is required to be made during the first 10 years following
the date the Project is operational for water supply purposes unless all or a
portion of such storage is used for purposes of withdrawal of water from or
transfer of water into Aubrey Lake during this period. The amount to be paid
for any portion of such storage which is used shall be determined by multiplying
the percentage of the total storage for future water supply which is placed in
use by the total amount of the Project investment cost allocated to future water
supply. Interest at the rate provided above will be charged on the amount of
the Project investment cost allocated to the storage for future water supply
which is not being used from the tenth (loth) year following the date the Project
is operational for water supply purposes until the time when such storage is
first used. The City may at its option pay the interest as it becomes due or
allow the interest to accumulate until the storage is used. If this latter
option is exercised, the interest will be compounded annually and added to the
principal amount. When any portion of the storage for future water supply is
used, the amount of the Project investment cost allocated thereto plus interest
applicable to such portion as provided above will be due and payable on the date
of first use of such portion. The said amount due shall be paid within the life
of the Project in not to exceed 50 consecutive annual payments beginning on the
next anniversary date established in accordance with the provisions of Article
5a(2) above. Annual payments thereafter for such portion will be due and payable
on said anniversary date. For any portion, all payments shall include accrued
interest on the unpaid balance at the rate provided above, with interest accruing
from the said date of first use of such portion. The last annual payment for
any portion shall be adjusted upward or downward when due to assure repayment of
all the investment cost allocated to such portion within the repayment period.
(4) An estimated schedule of annual payments for the storages provided
for present demand is attached as Exhibit B of this contract. The annual pay-
ments as provided therein shall be made until an interim estimated determination
of cost or a final determination of cost is made as provided in Article 6.
Payment schedules for the storage provided for future water supply demands will
4
be furnished by the Contracting Officer when use of such storage is started, and
if based on estimated costs will be subject to revision, as provided in Article
6, until actual costs are known.
(5) The City shall have the right at any time it so elects to prepay
the indebtedness under this Article 5a, in whole or in part, with accrued
interest thereon to the date of such prepayment.
b• �q` c, t l r�atTy��� nt cots and re eclimeaitation surveys costs. The
City will be required to pay to the Government 26� percent of the cost for any
major capital replacement of specific water supply facilities at Aubrey Lake.
In addition, the City shall pay to the Government 6.760 percent of the costs of
joint use major capital replacement items at Aubrey Lake until such time as the
storage for future water supply is first used. As the storage provided for
future water supply is used, the share of the joint use major capital replace-
ment items costs, which the City will be required to pay in addition to the
major capital replacement costs of the specific water supply facilities, will be
increased commensurate with the percentage of the total water supply storage
being used up to a total of 13.000 percent of such costs. The City will also
be required to pay to the Government 10.155 percent of the costs of sedimenta-
tion resurveys at Aubrey Lake until such time as the storage for future water
supply is used. As the storage provided for future water supply demands is
used, the share of the sedimentation resurveys costs which the City will be
required to pay will be increased commensurate with the precentage of the total
water supply storage being used up to a total of 19.528 percent of such costs.
Payment shall be made either in lump sum on demand at the time such costs are
incurred or annually with interest on the unpaid balance. If paid annually, the
City's share shall be paid within the life of the Project not to exceed 25 con-
secutive annual payments beginning on the next anniversary date established in
accordance with the provisions of Article 5a(2) above following the date demand
is made for payment of said major capital replacement costs and resedimentation
surveys. Annual payments thereafter will be due and payable on said anniversary
date. All payments shall include accrued interest on the unpaid balance at the
rate determined by the Secretary of the Treasury on the basis of the Water Supply
Act of 1958, as amended, for use in the Government fiscal year in which major
capital replacement is initiated, with interest accruing from the date said
major capital replacement is initiated. The last annual payment shall be
adjusted upward or downward when due to assure repayment of all the incurred
costs within the repayment period.
c. Annual operation and maintenance co
sts.
(1) The City will be required to pay to the Government 26 percent of
the annual experienced operation and maintenance costs of specific water supply
facilities at Aubrey Lake. In addition, the City shall pay to the Government
7.759 percent of the annual experienced joint use operation and maintenance
costs of Aubrey Lake until such ttnie as the storage for future w"iter supply is
first used. As the storage provided for future water supply demands is used,
the share of the annual experienced joint use operation and maintenance costs,
which the City will be required to pay in addition to the operation and mainte-
nance costs of the specific water supply facilities, will be increased
commensurate with the percentage of the total water supply storage being used
5
AUG
up to a total of 14.921 percent of such costs. Twelve months prior to the ex.�
pected date that the Contracting Officer shall notify the City that the Projec
-4_
is complete and operational for the water supply purpose, the Government s'1ial
provide the City an estimate of the first advance payment for operation and
maintenance costs. The first payment for operation and maintenance costs of
present use water supply storage in Aubrey Lake will be due and payable in
advance within 90 days after the Contracting Officer notifies the City that
the Project is completed and operational for water supply purposes, will be for
the period beginning on the date the Project is operational for water supply
purposes and ending on 30 September following, and will amount to the sum of
the first payment for specific water supply facilities costs and the first pay-
ment for joint use costs. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on 2 January
following the close of the prior Government fiscal year. Payment by the City
and payment adjustments by the Government shall be in accordance with Exhibit A,
IV, B.
(2) When each and any portion of the future water supply storage is
placed in use, the first payment of the additional amount of the joint use
operation and maintenance costs required to be paid for such storage use will
be due and payable in advance within 30 days after first use of such storage
and will be for the period beginning on the date of said first use and ending
on 30 September following. Annual payments thereafter, for each Government
fiscal year ending 30 September, will be due and payable in advance on
2 January following the close of the prior Government fiscal year.
d. Charges for delinquent payments. If the City shall fail to make any of
the aforesaid payments when due, then the overdue payments shall bear interest
compounded annually until paid. The interest rate to be used for overdue pay-
ments due under the provisions of Articles 5a, 5b, and 5c above shall be that
determined by the Secretary of the Treasury on the basis of the Water Supply Act
of 1958, as amended, for use in the Government fiscal year in which each period
of delinquency occurs. The amount charged on payments overdue for a period of
less than one year shall be figured on a monthly basis. For example, if the
payment is made within the first month after being overdue (31 to 60 days after
the anniversary date of the date of notification) one month's interest shall
be charged. This provision shall not be construed as giving the City a choice
of either making payments when due or paying interest, nor shall it be construed
as waiving any other rights of the Government, at law or in equity, which might
result from any default by the City.
e. Assurance of funds for contract payments. The City warrants that all
payments contracted hereunder shall be secured by a pledge of surplus revenues
of the City's combined Waterworks and Sanitary Sewer System remaining after
payment of all expenses of operating and maintaining such system and after
providing for payment of all debt service, reserve, or other requirements in
connection with the City's Waterworks and Sanitary Sewer System Revenue Bonds now
outstanding or those hereafter issued on a first lien basis or on such other
basis as may be approved by the Contracting Officer, piq ided, that in the event
such surplus revenues may become or are insufficient to meet the payments
contracted hereunder, the City shall fix and collect such rates and charges for
services of said combined system as will make possible the prompt payment of
R
all the aforementioned requirements including payments contracted hereunder.
Payments made by the City as Project investment cost and as major capital re-
placement costs shall be regarded as capital expenditures.
ARTICLE 6. Construction_ cost adjustments. All construction cost dollar
amounts in this contract including
g those in the Exhibits, are tentative only
based on the Government's best estimates. They will be adjusted upward or down-
ward by the Contracting Officer when final construction costs become known, and
the contract will be modified to reflect the adjustments. Within two years
after the Project is completed and operational for water supply purposes, the
Contracting Officer shall make a revised interim estimated determination of
construction costs, including interest during construction and taking into
account the actual costs to the extent they are then known. In like manner,
further interim determinations shall be made at two year intervals until all
actual costs are known, at which time the Contracting Officer shall prepare a
final cost determination, including interest during construction. On each
occasion of an interim determination, or on final determination, the annual
payments thereafter due shall be changed so as to provide for the payment of
the balance due in equal payments during the remaining life of the repayment
period; and a revised schedule, or schedules as necessary, of annual payments
shall be furnished to the City.
ARTICLE 7. Duration of contract. This contract shall be effective when
approved by the Secretary of the Army and shall continue in full force and effect
for the life of Aubrey Lake and Lewisville Lake. Both Aubrey Lake and the addi-
tional storage to be made available in Lewisville Lake have been formulated on
the basis of 100 years economic life.
ARTICLE 8. Permanent rights to storage. Upon completion of payments by
the City as provided in Article 5a herein, the City shall have a permanent
right, under the provisions of the Act of 16 October 1963 (Public Law 88-140,
43 U.S.C. 390e), to the use of the water supply storage spaces in Aubrey Lake
and Lewisville Lake as provided in Article 1, subject to the following:
a. The City shall continue payment of its share, as provided in Article 5c,
of the annual operation and maintenance costs allocated to water supply.
b. The City shall bear 26 percent of the costs allocated to (1) water
supply for Aubrey Lake and (2) the total storage space between elevations 515.0
feet above mean sea level and 522.0 feet above mean sea level for Lewisville
Lake of any necessary reconstruction, rehabilitation, or replacement of Aubrey
Lake or Lewisville Lake features which may be required to continue satisfactory
operation of Aubrey Lake or Lewisville Lake. Such costs will be established
by the Contracting Officer and repayment arrangements shall be in writing in
accordance with the terms and conditions set forth in Article 5(b) for major
capital replacement costs.
c. Upon completion of payments by the City as provided in Article 5a
herein, the Contracting Officer shall redetermine the storage space for munici-
pal and industrial water supply in Aubrey Lake, taking into account such
equitable reallocation of lake storage capacities among the purposes served
7
by Aubrey Lake as may be necessary due to sedimentation. Such findings, and the
storage space allocated to municipal and industrial water supply, shall be de-
fined and described in an exhibit which will be made a part of this contract.
Following the same principle, such reallocation of lake storage capacities may
be further adjusted from time to time as the result of sedimentation resurveys
to reflect actual rates of sedimentation and the exhibit revised to show the
revised storage space allocated to municipal and industrial water supply.
d. The permanent rights of the City under this contract shall be continued
so long as the Government continues to operate Aubrey Lake and/or Lewisville
Lake. In the event the Government no longer operates Aubrey Lake or Lewisville
Lake, such rights may be continued subject to the execution of a separate con-
tract, or supplemental agreement, providing for:
(1) Continued operation by the City of such part of the facility
as is necessary for utilization of the water supply storage spaces allocated
to it;
(2) Terms which will protect the public interest; and
(3) Effective absolvement of the Government by the City from all
liability in connection with such continued operation.
ARTICLE 9. Release of claims. The City shall hold and save the Government,
.._..._._....�.._.�.....-�.._.
including its officers, agents, and employees, harmless from liability of any
nature or kind for or on account of any claim for damages which may be filed or
asserted as a result of the storages in Aubrey Lake and/or Lewisville Lake, or
withdrawal or release of water from or transfer of water to or from Aubrey Lake
or Lewisville Lake made or ordered by the City, or as a result of the construc-
tion, operation, or maintenance of the features and appurtenances owned and
operated by the City, �yided, that this shall not be construed as obligating
the City to hold and save the Government harmless from damages or liability
resulting from the sole negligence of the Government or its officers, agents,
or employees and not involving negligence on the part of the City or its
officers, agents, or employees.
ARTICLE 10. Assignment. The City shall not transfer or assign this con-
tract or anrights
�-.._..........._�._
y ri ght s acquired hereunder, nor, sub -allot said water supply storage
spaces or any part thereof, nor grant any interest, privilege, or license
whatsoever in connection with this contract, without the approval of the
Secretary of the Army, lrx..)vv:tded, that unless contrary to the public interest,
this restriction shall not be construed to apply to any water that may be
obtained from the water supply storage spaces by the City and furnished to
any third party or parties, nor any method of allocation thereof.
ARTICLE 11. Officials not to benefit. No member of or delegate to Congress,
or Resident Commissioner, shall be admitted to any share or part of this contract
or to any benefit that may arise herefrom; but this provision shall not be con-
strued to extend to this contract if made with a corporation for its general
benefit.
ARTICLE 12. Covenant against contingent fees. The City warrants that no
person or selling agency has been employed or retained to solicit or secure
this contract upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the City for the
purpose of securing business. For breach or violation of this warranty, the
Government shall have the right to annul this contract without liability or in
its discretion to add to the contract price or consideration or otherwise re-
cover the full amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE 13. Eavironmental__quj "During any construction, operation,
and 111a litenance by 0-Wfa.t, of any facilities, specific actions will be taken to
control environmental pollution which could result from such activity and to
comply with applicable Federal, State, and local laws and regulations concerning
environmental pollution. Particular attention should be given to (1) reduction
of air pollution by control of burning, minimization of dust, containment of
chemical vapors, and control of engine exhaust gases and smoke from temporary
heaters; (2) reduction of water pollution by control of sanitary facilities,
storage of fuels and other contaminants, and control of turbidity and siltation
from erosion; (3) minimization of noise levels; (4) onsite and offsite disposal
of waste and spoil; and (5) prevention of landscape defacement and damage.
ARTICLE 14. Federal and State laws.
a. In acting under its rights and obligations hereunder, the City agrees
to comply with all applicable Federal and State laws and regulations, including
but not limited to the provisions of the Davis -Bacon Act (40 U.S.C. 276a et
seq.); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333);
and Title 29, Code of Federal Regulations, Part 3.
b. The City furnishes as part of this contract an assurance (Exhibit C)
that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241,
42 U.S.C. 2000d et seq.) and Department of Defense Directive 5500.11 issued
pursuant thereto and published in Part 300 of Title 32, Code of Federal
Regulations.
ARTICLE 15. Water conservation. There is a strong Federal interest in the
efficient use of Federal projects, and this objective may be served by effective
management of the use of water from the system into which a Federal project is
integrated. Therefore, prior to the first use of storage space indicated in
Article l(b)(1), the City shall submit to the Contracting Officer for his approval
a management plan which incorporates loss reduction measures and demand
management practices which insure that the available supply is used in an
economically efficient and environmentally sensitive manner. The plan shall
contain a program for implementation of specific time -phased measures. At not -to -
exceed five-year intervals, the City and the Contracting Officer shall review and
modify the plan as the results of the implementation of measures are made apparent
and as the system supplies and user demands change.
ARTICLE 16. Definitions.
a. Joint use costs. The costs of features used for any two or more
Project purposes.
b- Prrr ect investment costs. The initial cost of the Project, including:
land acquisition; construction; interest during construction on the cost of
land, labor, and materials used for planning and construction of the Project.
c. S cost's. The costs of Project features normally serving only
one particular Project purpose.
d. Interest d,,in� construction. An amount of interest which accrues on
expenditUres for the establishment of Project services during the period between
the actual. out Jay and the time the Project is first made available to the City
for water stol'age.,
ARTICLE 17. Apprt. val, This contract is subject to the written approval
of the Secretary of the briny, and it shall not be binding until so approved.
10
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written.
APPROVED: THE UNITED STA1OF CFI
Assista�nt
Dods add :Palladino
Secretary of the Army (CW) Colonel, CE
Contracting Officer
6 SEP 1980
Date Date
CITY OF DENTON, TEXAS
I, Brooks Holt, certify that I am the City Secret��1" pr,e. City of Denton,
Denton County, Texas, named as City herein; that" i7f rl "" who signed
this contract on behalf of the City of Denton was tienWiw
dor of the City of
Denton, Texas; that said contract was duly signed for and on behalf of the
City of Denton, Texas by authority of its governing body and is within the
scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said
City of Denton, Texas this ,:5- day of 1980.
CORPORATE SEAL
1�*j cwc 1 aa1�� r1q] i.e
ati.on
BrooksHolt�__.._��...._......�....m��.m.�.................._...r
Secretary
City of Denton, Texas
M
Contract No. DACW63-80-C-0104
AUBREY AND LEWISVILLE LAKES
EXHIBIT A
__ f A (E STORAGES
Aubrey Lake
Gross
Percent
Percent of
Feature
Elevation
feet msl)
storage
(acre-feet)
of gross
water supply
st:ora �.
storage
�..��. .,—
Flood control
632.5-640.5
265,000
24.892
Water supply
below 632.5
799,600
75.108
100.0
(City of Dallas)
below 632.5
(591,700)
(55.580)
(74.0)
(City of Denton)
below 632.5
�(207.900)
19.528)
(26.0)
Totals
1,064,600
100.000
Lewisville Lake
('Goss
Percent
Percent of
Feature
Elevation
(, feet
�
of g
gross
water supply
�.
.._....
msl) _
y_)
( acre- s c t
storaRe(2)
... M
storage
Flood control
522.0-532.0
336,100
65.427
Water supply
515.0-522.0
177,600
34.573
100.0
(City of Dallas)
515.0-522.0
(131,400)
(25.579)
(74.0)
(City of Denton)
515.0-522.0
(46,200)
8.994)
(26.0)
Totals
513,700(2)
100.000
(1) 1985 condition.
(2) Between elevations
515.0 and
532.0 feet msl.
PROJECT
ESTIMATED CONSTRUCTION INVESTMENT
TO BE ALLOCATED
Federal construction cost $211,234,000
Nonreimbursable costs (unallocable) (1) 9,826,000
Project cost to be allocated $2014 0"6',000
Interest during construction on allocable cost (2) 23,991,800
Project construction investment to be allocated $225,399 9,800
(1) Relocation of roads above replacement -in -kind standards.
(2) Interest rate for Federal share of recreation - 3.25%.
Interest rate for water supply and non -Federal share of recreation -
7.210%.
AUG 1 5 1980
ALLO(ATION
OF ESTIMATED
'�,os�s
CONSTRUCTION INVESTMENT
(Se5ara—ble
emaiidfngbenefits method))
Water
Recreation Tot i3,ls
1.
Specific facilities cost
$ 218,000
$23,566,000 $ 23,784,000i
Aubrey Lake
(218,000)
(19,985,000) (20,203,000)
Lewisville Lake
(0)
(3,581,000) (3,581,000)
2.
Joint use facilities cost
125,629,060
51,995,000 177,624,000
Aubrey Lake
(124,413,200)
(51,491,800) (175,905,000)
Lewisville Lake
(1,215,800)
(503,200) 719,000)
Subtotals - cost
$75,561,000 $201,408,000
3.
Interest during
construction
18,147,100
5,844,700 23,991,800
Aubrey Lake
(17,971,800)
(5,437,400) (23,409,200)
Lewisville Lake
(175,300)
(407,300) (582,600)
4.
Total allocation -
investment
$143,994,100
$ 81,405,700 $225,399,800
Aubrey Lake
(142,603,000)
(76,914,200) (219,517,200)
Lewisville Lake
(1,391,100)
(4,491,500) (5,882,600)
(1)
Interest rate for water
supply - 7.210%
(fiscal year 1980). Interest rate
for reimbursement for water
supply storage will be set as of the beginning
of the Government fiscal
year in which
construction of the Project is started.
(2)
Investment cost to be repaid by: Lewisville Lake AubrU! LaRt Totals
City of Dallas - 74%
$105,526,30O $106,5 . 55,700
Present water supply
(1,029,400)
(54,873,700) (55,903,100)
Future water supply
(0) (50,652,600) (50,652,600)
City of Denton - 26%
361,700 37,076,700 37,438,400
Present water supply
(361,700) (19,279,900) (19,641,600)
Future water supply
800)
(0) (17 X. 796 (17,796,800)
Totals
$1,391,100
$142,603,000 $143,994,l 0
IV - ALLOCATION OF
ESTIMATED OPERATION AND MAINTENANCE COSTS
Aql=_, Lake
A. Allocation of estimated total annual costs:
Water
supply
Recreation
Total
1.
Specific cost
$ 70,400
$642,000
$712,400
2.
Distribution of joint use
cost (percent)
57.39
42.61
100.00
3.
Allocated joint use cost
102,100
5
171
4.
Total allocation
$172,500
-7 IAN
$717,800
110
$890,300
To be paid by the City of Denton:
26% of specific cost for water supply facilities 18,300
Aubrey Lake joint use cost:
Present use w/s storage (0.52 x 0.26 x 0.5739 x $177,900) 13,800
Future use w/s storage (0.48 x 0.26 x 0.5739 x $177,900) 12.700
Total
,800
A-2
B. Annual payment adjustment:
Payment for the City of Denton's share of the annual operation and
maintenance costs allocated to water supply storage for each Government
fiscal year will be made by the City in advance on 2 January following
close of the prior Government fiscal year. For present use water
supply storage, the first payment for such costs will be estimated
based on the Contracting Officer's annual estimates therefor, prorated
as necessary for a partial year of Project operation. Each annual
payment thereafter will include (1) an advance payment for the current
fiscal year, estimated based on the actual operation and maintenance
costs incurred for the preceding fiscal year (except as noted for
particular conditions), and (2) an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year. For future use water
supply storage, all advance payments will be estimated based on the
actual operation and maintenance costs incurred for the preceding fiscal
year (except as noted for particular conditions). The first advance
payment will be prorated as necessary for a partial year of storage use;
and each annual payment thereafter will include an advance payment for
the current fiscal year and an amount (plus or minus) to adjust the
estimated advance payment for the preceding fiscal year for the actual
costs incurred for such preceding fiscal year.
A-3
ALLOCATION OF ESTIMATED MAJOR CAPITAL REPLACEMENTS
COSTS AND SEDIMENTATION RESURVEm
YS COSTS
- _ replacements A. Major capital re ents costs: (1)-
Aubrey_ 'P eke.
Water
.z y Recreation Total
1.
Specific cost
$21,900
$133,000
$154,900
2.
Distribution of joint use cost
(percent) 50.00
50.00
100.00
3.
Allocated joint use cost
7,100
7,100
14,200
4.
Total allocation
$29,000
$140,100
$169,100
To be paid by the City of Denton:
26% of specific cost for water supply facilities 5,700
Aubrey Lake joint use cost:
Present use w/s storage (0.52 x 0.26 x 0.5000 x $14,200) 1,000
Future use w/s storage (0.48 x 0.26 x 0.5000 x $14,200) (2) 900
Total $ 7,600
(1) Estimates of average annual charges are used for determination of
allocated percentages. All charges will be based on the indicated per-
centages of actual costs if and when they are incurred.
(2) Additional amounts of joint use cost required to be paid as future water
supply storage is used will be computed as follows:
Percent of future w/s
storage placed in use 100 x 0.48 x 0.13000 x actual joint use cost
B. Sedimentation resurveys costs:
Aubrey Lake
Sedimentation resurveys costs allocated to water supply and to be paid by
the City of Denton in accordance with Article 5c(3) are based on the
percentage of the gross storage in Aubrey Lake represented by the storage
right of the City - see section I of this Exhibit A.
Present use water supply storage = 0.52 x 19.528% = 10.155%
Percent of future w/s
sto1'..� '�,: d inuse
Future use water supply storage = --.__... 100 x 9.373%
A-4
P
-i
5 10
VI - COMPUTATIONS FOR ANNUAL PAYMENTS. FOR INTEREST AND AMORTIZA�"ION
Present use water supply storage:
Amount to be amortized:
Lewisville Lake $ 1,391,100 x 0.26 $ 361,700
Aubrey Lake $142,603,000 x 0.26 x 0.52 19,_279,900
Total
$19,641,600
Based on 50 equal payments, 49 of which bear interest on the unpaid balance
at the rate of 7.210 percent.
P = (A - P)(i + c) Where: P = annual payment
P = (A - P)(.0745602419P) A = amount to be repaid = $19,641,600
P = .0745602419A - 0.0745602419P i = interest rate = 7.210%
1.0745602419P = 0.0745692419A (i+c) = interest rate plus amortization
p () 45602/il9 ($1.' ,64.L,600) coefficient for 49 years = 0.0745602419
1- 0745602419
P = $1,362,866.77
A-5
EXHIBIT B
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17,
18
19
20
21
22
23
24
25
26
27
PSm
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
PAYMENT TO
INTEREST
0.00
1317896+67
1314654+32
1311178.20
1307451.46
1303456.01
1299172+50
1294580.14
1289656+68
1284378.23
1278719.20
1272652.16
1266147.69
1259174.25
1251698.01
1243682.75
1235089.58
1225876484
1215999+87
1205410,77
1194058.19
1181887.09
1168838+46
1154849+01
1139850.93
1123771.49
1106532*72
1088051.04
1068236+82
1046994.00
1024219.58
999803.11
973626.22
945561+98
915474.31
883217.31
848634.58
811558.44
771809.11
729193.85
683506.04
634524+13
582010+62
525710.90
465351.96
400641.14
331264.67
256886.16
177144.96
91654,42
PAYMENT TO
PRINCIPAL
1362866+77
44970.10
48212.45
5168E+57
55415+31
59410+76
63694.27
68286.63
73210.09
78488+54
84147.57
90214+61
96719,08
103692.52
111168+76
119184,02
127777*19
136989.93
146866+90
157456*00
168808,58
180979.68
194028.31
208017.76
223015.84
239095.28
256334+05
274815.73
294629.95
315872.77
338647.19
363063.66
389240.55
417304+79
447392.46
479649.46
514232.19
551308.33
591057.66
633672,92
679360.73
728342.64
780856.15
837155.87
897514.81
962225,63
1031602.10
1105980.61
1185721.81
1271212.42
TOTAL BALANCE
PAYMENT DUE
19641600.00
1362866.77
18278733.23
1362866+77
18233763#13
1362866+77
18185550.68
1362866.77
18133862+11
1362866+77
18078446+80
1362866+77
18019036+04
1362866,77
17955341+77
1362866+77
17887055+14
1362866+77
17813845,05
1362866+77
17735356+51
1362866+77
17651208+94
1362866+77
17560994+33
1362866+77
17464275+25
1362866+77
17360582+73
1362866+77
17249413+97
1362866+77
17130229.95
1362866.77
17002452+76
1362866+77
16865462+83
1362866.77
16718595+93
1362866+77
16561139+93
1362866+77
16392331+35
1362866.77
16211351.67
1362866#77
16017323+36
1362866.77
15809305+60
1362866.77
15586289+76
1362866+77
15347194.48
1362866+77
15090860+43
1362866+77
14816044+70
1362866.77
14521414.75
1362866+77
14205541.9E
1362866+77
13866894+79
1362866477
13503831+13
1362866,77
13114590+58
1362866+77
12697285+79
1362866+77
12249893.33
1362866.77
11770243,87
1362866+77
11256011.68
1362866.77
10704703.35
1362866.77
10113645+69
1362866#77
9479972.77
1362866.77
8800612+04
1362866+77
8072269+40
1362866#77
7291413+25
1362866.77
6454257,38
1362866.77
5556742,57
1362866,77
4594516.94
1362866#77
3562914+84
1362866+77
2456934,23
1362866.77
1271212442
1362866.84
0.00
B-1
Contract No. DACW63-80-C-0104
AUBREY AND LEWISVILLE LAKES
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The City of Denton, Denton County, Texas (hereinafter called "Applicant -
Recipient") HEREBY AGREES THAT it will comply with title VI of the Civil
Rights Act of 1964 (Public Law 88-352) and all requirements imposed by
or pursuant to the Directive of the Department of Defense (32 CFR Part 300,
issued as Department of Defense Directive 5500.11, December 28, 1964)
issued pursuant to that title, to the end that, in accordance with title VI
of that Act and the Directive, no person in the United States shall, on
the ground of race, color, or national origin be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under, any program or activity for which the Applicant -Recipient receives
Federal financial assistance from the U. S. Army Corps of Engineers and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant -Recipient by
the U. S. Army Corps of Engineers, assurance shall obligate the Applicant -
Recipient, or in the case of any transfer of such property, any transferee,
for the period during which the real property or structure is used for a
purpose for which Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits. If any
personal property is so provided, this assurance shall obligate the
Applicant -Recipient for the period during which it retains ownership or
possession of the property. In all other cases, this assurance shall
obligate the Applicant -Recipient for the period during which the Federal
financial assistance is extended to it by the U. S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property, discounts,
or other Federal financial assistance extended after the date hereof to the
Applicant -Recipient by the Department, including installment payments after
such date on account of arrangements for Federal financial assistance which
were approved before such date.
The Applicant -Recipient recognizes and agrees that such Federal assistance
will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek
C-1
judicial enforcement of this assurance. This assurance is binding on the
Applicant -Recipient, its successors, transferees, and assignees; and the
person or persons whose signatures appear below are authorized to sign this
assurance on behalf of the Applicant -Recipient.
ATTEST:
Secretary
City of Denton, Texas
THE CITY OF DENTON, TEXAS
C-2
Contract No. DACW63-80-C-0104
Al.iSREY AND LEWISVILLE LAKES
EXHIBIT D
OPINION OF COUNSEL
I have reviewed and approved contract number DACW63-80-C-0104 between
the United States of America and the City of Denton, Texas.
Particularly I have considered the effect of Section 221 of Public Law 91-611
(42 U.S.C. 1962d-5b) and am of the opinion that the City of Denton, Texas
has the requisite legal authority to enter into and comply with this
agreement as required by the aforementioned statute.
Dated
A
C. J. aylor
City Attorney
City of Denton, Texas
RMI
EXHIBIT F
STANDING INSTRUCTIONS TO PROJECT MANAGER
LEWISVILLE LAKE
F-1
EXHIBIT F
STANDING INSTRUCTIONS TO PROJECT MANAGER
LEWISVILLE LAKE
TABLE OF CONTENTS,
PARAGRAPH TITLE PAGE
I - (GENERAL
1 Instructions F-1
a. Regulation instructions F-1
b. Data reporting instructions F-1
c. Reporting unusual events F-2
d. Warnings F-2
e. Frequency of gate changes F-2
II - REGULATION PROCEDURES
1 Normal Regulation Procedures F-3
2 Emergency Regulations F-3
a. During communications outage F-3
b. During emergency events F-3
TABLE INDEX,
TABLE TITLE PAGE
F-1 Emergency Flood Control
Regulation Schedule F-4
EXHIBIT F
STANDING INSTRUCTIONS TO PROJECT MANAGER
LEWISVILLE LAKE
I. GENERAL
1. Instructions. Detailed instructions to the project
personnel at Lewisville Lake are presented below:
a. Regulation aljtuctions_ During flood periods, the
lake will be regulated in accordance with the normal
regulations for flood control as directed in Chapter 7 of this
manual or paragraph 2 of this exhibit. Instructions for the
storage and discharge of floodwater will be issued by the
Reservoir Control Section. In the event of communications
with the Forth Worth District Office are disrupted, the lake
will be regulated in accordance with the schedule of emergency
regulations for flood control (see Chapter 7 of this manual or
paragraph 3 of this exhibit). In addition, the Project
Manager will immediately make every effort to reestablish
communications with the Fort Worth District Office.
b. Data repor-Linq instructions. Daily lake data (example
on plate 5-6) will be submitted to the Reservoir Control
Section, Hydrology -Hydraulics Branch, District Office
(telephone (817) 334-2214 or facsimile (817) 334-2176; or VHF -
FM radio, call signal WUI-6). The Reservoir Control Section
is manned from 7:45 a.m. to 4.45 p.m. daily and 7:30 a.m. to
11:30 a.m. on weekends and holidays (except Christmas Day).
In the event that unusual conditions arise during nonworking
hours, one of the persons listed on page i of this manual
should be contacted. The following data should be included in
the daily report.
(1). As of 8 a.m. Number of conduit gates open, with
the height of openings; opening in degrees of the low flow
gates; and precipitation in inches for the past 24 hours (8
a.m. to 8 a.m.).
(2). Each ite o at�on. Date and time of gate
operation, number and amount of gate openings before and after
operation.
(3). During_ p" o rio_r . In addition to
subparagraphs (1) and (2) above, reports as specified by
Reservoir Control Section.
(4). Rainfall rgports. Rainfall reports shall be
made as follows:
(a). At 8 a.m. all precipitation that has
occurred during the preceding 24 hours, 8 a.m. to 8 a.m.
(b). Report at once the occurrence of 2.00 inches
or more of precipitation that occurs during a period of 6
hours or less. During nonworking hours, the report should be
made to one of the persons listed on page i.
c. Rq_pgXtinp unusual events. Events or conditions not
normally encountered in the routine operation of the dam and
lake which might endanger the dam or necessitate temporary or
permanent revision of the operating procedures such as
settlement, movement, or cracking of the earth embankment or
abutments; unusual change in seepage rates or development of
new seepage areas; mechanical malfunction or failure;
structural settlement movement, cracking, or vibrations;
landslides, rockslides, or indication of an impending
movement; or an occurrence indicating any degree of jeopardy
to the safety of the dam or to the safety of the public shall
be reported promptly to the Reservoir Control Section,
Hydrology -Hydraulics Branch.
d. Warnings. It is the responsibility of the Project
Manager and the project personnel authorized to make gate
changes; to maintain a list in current status of residents,
and/or property, which would be endangered or inconvenienced
by large and/or prolonged releases; and to give adequate
warning of such impending releases. Notification will be made
by whatever means are available. This includes radio,
television, telephone, citizen band radio, use of law
enforcement, and Civil Defense agencies and their
communication system, National Guard and Reserve Units,
supplemented by oral warning from Corps' employees in
Government vehicles. IN every case, when a change in release
rate is made, a warning horn is blown to notify people
downstream within hearing distance.
e. Ere g c oaf crate changgss - During flood period, gate
changes are to be directed by the Reservoir Control Section at
any time. When the floodwaters have significantly risen into
the flood control pool, gate changes may occur every half
hour. Only under the most unusual circumstances will gate
changes be ordered more frequently than once every half hour.
Frequency of gate changes during low flow operation will
generally be less than once a day.
F-2
I T . "U LAT U 'F' R
1. forma. Regfulation Procedur s Under normal procedures,
instruction for storage and release of water for conservation
and flood control will be issued by the District Office
Reservoir Control Section. The implementation of the
instructions are to be confirmed back to the Reservoir Control
Section as soon as the required action is completed.
Instructions originating from any other source should not be
processed.
2.IC
eaceru.latiors.
a. During cgmmunic tions outage.. When communication with
the Fort Worth District Office is disrupted, the Project
Manager will, on his own initiative, direct regulation of the
lake in accordance with the following schedule until
communication is restored. In addition, the Project Manager
will make every effort to reestablish communication with the
Fort Worth District Office. The conduit gates shall be
operated at a uniform opening. (See Table F-1).
b . Dur ina emeraenc _events. The Project Manager may
temporarily deviate from the current release rates in the
event an immediate short term departure is deemed necessary
for emergency reasons to protect the safety of the dam, or to
avoid serious hazards to life. Such actions shall be
immediately reported by the fastest means of communication
available. Actions shall be confirmed in writing the same day
to the Reservoir Control Section and shall include
justification for the action. Continuation of the deviation
will require the express approval of the Reservoir Control
section.
F-3
TABLE F-1
EMERGENCY REGULATION - LEWISVILLE DAM
LAKE STAGE
POOL CONDITIONS
OPERATION
A. Below
Rising
Continue the releases from
Elevation
Standing
the conservation pool as
522.0
or Falling
previously instructed by the
District Office.
B. Lake Level
Rising
Maintain releases in effect
between
Standing
at the time communications
elevation
or Falling
was lost. The Project Man-
522.0 and
ager will initiate gate
532.0
closing operations as soon
as one of the following
conditions occurs: (1)
should the Project Manager
have knowledge of pending
flood condition on the Elm
Fork below the project; or
(2) two or more inches of
rain has been recorded at
the dam in a two hour period
or less; or (3) six hours
of time has elapsed after
loosing communications.
C. Above
Rising
Close gates, and leave
elevation
Standing
closed until communications
532.0
or Falling
have been restored with
District Office in Fort
Worth.
NOTE: Gate changes are limited to a maximum rate of half a
foot per half hour. Once the gates have been closed, they
will remain closed until communications has been restored with
the District Office.
F-4