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19-2648o�nvarrcE rro. 19-2648 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENT BY THE CITY OF DENTON FOR THE ANNUAL MAJOR CAPITAL REPAIR (MCR) AND OPER.ATIONS AND MAINTENANCE (O&M) FEES FOR �d'�°.I I:1� ��C�:�1��1� ,��C �.,�;.��, i..,r��"�1�...�.,1^ �+�wC�7 L�r'�I�,�": 1�� .C)��T��i"� "�� '��"l�F L„�,�. ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE (MCR AND WATER STORAGE O&M FEES IN THE TOTAL AMOUNT NOT TO EXCEED $190,000). 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 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 1 and estimated in Exhibit 2; and WHEREAS, the City Manager recommends that the City Council approve and authorize the payment of these required fees for water storage major capital repairs and operations and maintenance at Lake Lewisville and Lake Ray Roberts; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS� SECTION 1. That the expenditure of funds in the amount not to exceed $190,000 to be paid to the U.S. Government, United States Army Corps of Engineers as shown in Exhibit 1, 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 MCR and O&M fees 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 ��'� ��wy� �"��'.� �� .'� and seconded by mmmmmmmmmti� �;�,�'�'�� ,�� w_w_ ��, the ordinance was passed and approved by �1��, ��1��a�� t;� � "�._ � � ...Sa Aye Nay Abstain Absent Mayor Chris Watts: � Gerard Hudspeth, District 1: �'� Keely G. Briggs, District 2: '�°'' Jesse Davis, District 3: °� John Ryan, District 4: �/ Deb Armintor, At Large Place 5: �'� Paul Meltzer, At Large Place 6: � I��,��ET:� ��f� �1'E'��(,�� %l�� . ��.��, c��a� �� -��".,�''�� '' � � 2019. � ` �� „�;� � �" �� °'� � �� `"� �� _�...._. �..::. ,� ��...�� ............. � . CHRIS �h"�'T�", MAYOR ATTEST: � ��"�� ROSA RIOS CITY SECRETARY �;��'�� '�� , �� u. �� p� �°;,� ��F�� "�M��.,�"� ''�„ d � ° W p "^pw��u;✓�im�� . . . "� �„' ��. ��,., N �"� �x� �� Cm� F� mi�� .� � � �� BY ��,,�� ',�.,�....�,�.,��_ �...��...�w � "� a� ��'' F,�'�" ��.��,w M��u"��°� ��,�� , �d APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� , B : � � �� Y ��.., � �. � .._..�..... .. . � ._ A , � ��-� �:: � ::i::a�:r..s :l �, �" " Contract No. DACW63-80-C-0104 �,�.a... CONTRACT BETIdEEN THE UNITED STATES OF AMERICA AND T!� CITY OF DENTON, TEXAS FOR WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES, TEXAS � TRIS CONTRACT, entered into this�� day of �„, 1980, by ��tc� between the United States of America (hereinaftex called �:�� °�r�ent), repr��ented by the Contracting Officer executing this contract, and the City of Denton, Denton County, Texas (hereinafter called tl�e City), WITNESSETH TAAT: WHEREAS, the River and Harbor Act of 1965 (Public Law 89-298, 79 Stat. 1091) authorized the construction, opexation, and maintenance of Aubrey Lake including modification of Garza-Little E1m Reservoir, since renamed Lewiaville Lake, (here- inafter called the Project) on the Elm Fork of the Trinity River in the State of Texas; and WHEREAS, in accordance wiCh 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 aupply storage in Lewisville Lake for municfpal and industrial usea; and WHEREAS, the Citq desires to contract with the Goverinnent 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 coet thereof in accordance with the provisions of the Water Supply Act of 1958, as ameaded (43 U.S.C. 390b); and WHEREAS, the City is empowered so to contract with the Government and is veeted with a11 the necessary powers for accompliahment of the purposes of this coneract, including those required by Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-Sb); NOW, THEREFORE, the Government and the City agree as follows: ARTICLE 1. Water storage �p�►��. a. �"�� +�� a��st�a��,ca�a. The Government, s�al��ect to the directions of Federal �.�� .a��^ ��s�.��:�as imposed thereby, ��11 design and construct the Project so as to include in Aubrey Lake space for the atorage of water bq the City and space for the storage of floodwaters which will permiC the reallocation of flood control storage in Lewiaville Lake to municipal and industrial water supply storage, a portion of which will also be utilized by the City. b. hit�hts of the City. (1) The City ehall have the right to utilize (a) an undivided 26.0 percent (esti.mated to contain 207,900 acre-feet gross storage, including storage for sediment deposits) of the total storage space in Aubrey Lake below elevatfon 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 acxe-feet gross storage, including storage'for sediment deposits) of the total storage space in Lewisville Lake between elevations 515.0 feet above meaa sea level and 522.0 faet above mean sea level, which total storage space is estimated to contain 177,600 acre-feet grosa storage, including storage for aediment 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 eupplq. Im Aubrey Lake, 52 percent (an estimated 108,100 acre-feet) of the epace whi.ch the City has a right to utilize ia for present use water etorage and 48 percent (an eatimated 99,800 acre-feet) is for future use water storage. �� "�i� �,t� ��,�.� �x�i�r� �� 1'rut t�r r�.s��+�� a��,� �� '�a�a c�� 1��°�,�.��r ��+�r ��a ��.�� +a� bo� �� t��+� �t� �� cu� °�� acd�s � :�, �a '�� _ �� i�'� 1�'�� % �� .�� r�cs�� th,�.��.� �� i�� Cl�� re��r��.�� +�� t��+� �.;c ��e� �ra �� t'�� c��.� ��c�� +�� .��. provide. The Citq sha11 have the right to construct al]. such works, plants, pip��.�z��, �ra�l appl�.�m�ces �� be nece��ry ��d ��:��ient �a�r �� purpo�� of trax��'�� w�.thdr��r�ls, �u�a;��t to the ��pro�r�� r� ��a� Con�a��.c��„ Offic,�;� as to �d��aa �d �,ocat�„v�. "�� nt of ri,�in�s-o��-�,�� rsa, �.r�,, �� upon l�d of the Government at Aubrey iake and at Lewisdi.11e Lake ahall be by separate instrumieat in a form satisfactory to the Secretary of the Armq, without addi- tional cost to the City, under the authority of and fn accordance with the provieions of 10 U.S.C. 2669. Subject to the conditions of such grants, the City shall have the right to use so much of �.�rt��ey Lake and Lewisville Lake lands as may reasonably be required in the ��+�ise o£ the rights and privileges herein granted. �� ]��. �� +��. The �v��°�e��at �°��°�r�� .�� '�� 1�er in ��°�� lL�l�� r��.on 63�.� �� r�^� �a� �� 1�^��. ��I o�c� �.��a�� wate�� I.�«r��^�� i�� to el��°��.+�� .d� �'�� r��v� ��are ��a �.�u+�� c��a��„ such periode of time as is deemed necess�.�� :�:^� �� rl� d�L�+��'�t�� '��d control purposes. The Governmeae furthe� ��+�°�� a� �� !� �� '�''�� measures as may be necessary in the operation of Aubrey Lake and Lewisville Lake to preserve life or property. d, ��,� �,� �,��,�,� ��' ��,��r. The City recognizes that this con- tract pr��r��d�� .�� sr��r �w�� c�� '�"s� Go�r�� '�es no repxes��n��tions with respect to the qua��.�� a�' ��°�3�.��ility c�� and assume� �� responsibility there£or or f�a� �� t�a��'t o�' ��'� ARTICLE 2. i�� +�.��.+�� ^� �� "��" M The regulation of the use of water w3thdrawn or released �°��r� �r� ��'�°��"d to or from the aforesaid storage spaces shall be the sole responsibility of the City,. The City has the full re��rr�nsibility to acquire in accordance with State laws and regulations, and if ��ssary to establish or defend, any and all water rights needed for utilization of the etorages provided under this contract. The Government shall not be responsible for withdrawals, transfers, or diversione by others, nor w311 it become a paxty to any controversies 2 � involving the use of the storage spaces by the City except as such controversies may affect the operations o£ the Government. '�"�� w ��'�� ,��:�a��:��. The Government shall operate and ��'� ��" �� ,�;�� ,� and the City shall pay to the Govexnment ��'�"'� �� ' �� .�� d� maintenance as provided in Article Sc. �^� ��' �� 1�� `��^��°��L� �� a�a��,�n and maintenance of all iastallatione ��.�.�� r'��.�1� �� r �ra�� ,��° the transfer into or out of or with- drawal of water from either or both of the two lakes and shall bear all coste of construction, operat3on, and maintenance of such installations and facilities. ARTICLE 4. Measurement of withdr��r;��.� �d �!��.�� The City agrees to furnish and iastall, without cost to the Government, suitable meters or measuring devices satiefactory to the Contracting Officer for the measurement of water which is traneferred into Aubrey Lake or Lewisville Lake or ie withdrawn or transferred from Aubrey Lake or Lewieville Lake by any means other than through Aubrey Lake or Lewisville Lake outlet works. The City shall furnish to the Government monthly etatements of all such withdrawals or tranefers. Releasee from the water supply etorage apaces through'Aubrey Lake or Lewiaville Lake outlet works aha11 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 ahall be bq means of a rating curve of the outleC works or by euch other euitable means as may be agreed upon prior to use of the water supply storage space or spaces. ARTICLE 5. '�� . In consideration of the right to utilize the aforesaid etorage spaces in Aubrey I.ake and Lewisville Lake for municipal and induatrial water supplq purpoaes, the City shall pay ehe following sums to the Government: a. Proiect �:��r+��m�� costs. (1) The City shall repay to the Government, at the times and with interest on the unpaid balance as hereinafter spec3fied, the amounts stated below which, as shown ia Exhibit A of thie contract, conetitute the entire estimated �� of t�l�� a��tructi�� i��lud�� i�r��a�,�� z��.�� t�r��,��,�a��, ��'.Yr�- �,��dl to t�� ,�� atora,�+� °��.�"�� a�q�ui�� "�,� �� :��a� �'�:�� ra��c�,� "�."t�e �.��x�st �� t� �ae used �oa� ��►��o�� o�' �c� ��.r�� .��:r�� v��,°�� +�r��rra��:�r� ��s� �.�ter�� e unpa�.d '��.��;�e c��.11 �r�, �1�� ta�� 1�� ,1h� ��r�1��y �f �"�� Treasury as of the beginning of the Governmeat fiscal year in which construction of the Project is 3aitiated on the basis set forth in the Water Supply Act of 1958, as amended. Such interest rate at the time of negotiation of thie contract (Government fiscal year 1980) is 7.210 percent. The City sha11 repay: 26 percent of the construction cost of specific water supply facilities, estimated at 18.39 percent of the total Project joint use construction cost, estimated at Interest during construction, estimated at Total estimated amount of Project investment cost allocated Co 26 percent of the water supply 3 $ 56,700 32,663,500 �,4,�'��200 $37,438,400 e . AUG 1 S 1980 ; �.��,,�, � ��"� (2) The Project investment costs allocated to the storage space iadicated in Article 1(b)(1) as beiag provided for preaent demand ia currently estimated at $19,641,600, on the basis of the coste preaented in Exhibit "A". The atnount of the Project Inveatment costs allocated to the storage for preaent demand ehall be paid in 50 coasecutive annual installments, the first of which shall be due and payable within 30 daqs after the City is notified by the Contracting Officer that the Project is completed and operational for water supply puxposas. Annual inetallments thereafter will be due and payable on the aaniversarq date of the first p�,��t. Except for the first payment which will be applied solely to the retirement of principal, all installments ehall include accrued interest on the uapaid 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 witihin 50 yeara. (3) The Project iavestment cost allocated to the remaining portion of the atozage space, that provided in Aubrey Lake for future use, is curxently eetimated at $17,796,800 on the basis of the costs presented in Exhibit A of thie contract. No principal or interest payment with reapect to this storage for future water supplq is required to be made during the firet 10 years following the date the Project is operational for water supply purposes unless all or a portion of such atorage is used for purpoees of withdrawal of water from or transfer oi water iato Aubrey Lake during this�period. The amouat to be paid ��`{ for any portion of such storage which is used ehall be determined by multiplying � the percentage of the total storage for future water supplq which is placed ia "" use bq the total amount of the Project investment coat allocated to future �vater supply. Iaterest at the rate provided above will be charged on the amouat of the Project investment coet allocated to the storage for future water supply whieh is not being used from the tenth (lOth) year following the date the Project is operational for water eupplq purposes until the time when such storage is first used. The City may at ite option pay the interest as it becomes due or allow the iaterest to accumulate tmtil the storage is used. If this latter option is exercised, the interest arlll be compounded annuallq and added to the principal amount. When any partion of the storage for future water supplq is used, the amotmt of the Pro�ect investment cost allocated thereto plus interest applicable to such portion as provided above wi11 be due and payable on the date of first use of such portioa. The said amount due sha11 be paid withi.n the life of the Project in not to exceed 50 consecutive annual p��ts beginning on the next anniversary date established in accordance with the proviaions of Article Sa(2) above. Annual paymeats thereafter for euch portion will be due aad payable on said anniversary date. For any portion, all paymente shall include accrued intereat on the unpaid balance at the rate provided above, with interest accruiag fram the esid date of first use of such poreion. The last annual payment for any portion sha11 be adjusted upward or downward when due to sesure repayment of all the investment cost allocated to such portion within the repayment period. (4) An estimated achedule of annual payments for the storages provided for preaent demand is attached ae Exhibit B of this contract. The annual pay- ments as provided therein ahall be made until an iaterim estimated determination of cost or a final determination of cost is made as provided in Art3cle 6. Payment schedules for the etorage provided for future water supply demands will 4 ��,iv..wm� 4 � be furnished by �'�e Contr��t��,z�� Officer when use of such storage ie etarted, and ..� if based on est�r��ted cost� �:�,1 be subject to revision, as provided in Article 6, until actual �,a�sts are 1f��. �,. (5) The City shall have the right at any time it so elects to prepay the indebtednesa uader this Article 5a, in whole or in part, with accrued intereet thereon to the date of such prepayment. b. � �a°� ��. �� ,��a�� a�� ,�,�d ��d�.�ar�� urc~�� r��. The City wil�, �� r��W �cr ��^ �� "�� r�r�� a�� 2�r �+��ra�. �iE �i�� c�� 'rr�r a��` major capital replacement of apecific water supplq facilities at Aubrep Lake. In addition, the City ahall pay to the Gov.ernment 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 eoata, which the City will be required to pay in addition to the major capital replacement costs of the epecific water supply facilities, will be increaaed commensurate with the percentage of the total water eupply storage being ueed 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 coets of sedimeata- tion resurveys at Aubreq Lake until such time as the etorage 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 co�enaurate with the precentage of the total water supply storage being used up to a total of 19.528 perceat of such costs. Payment shall be made either in lump s� on demand at the time such costs are iacurred or anaually wi.th intereat on the uapaid balance. If paid annually, the Citq'e ahare shall be paid within the life of the Project not to exceed 25 con- secutive anausl payments beginning on the next anniversary date establiahad in accordance with the provisions of ArCicle Sa(2) above following the date demand is made for paymeat of said major capital replacement coets aud resedimeatation surveys. Annual paymente thereafter will be due and payable on eaid anniversary date. All paymenta 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 ia initiated, with intereat accruing from the date said major capital replacement is initiated. The last annual paym�ent shall be adjueted upward or downward when due to assure repayment of all the incurred coate withia the repayment period. c. �a,+��, cr ��.r�� d �ac��i��.��u��ce costs . (1) The City will be required to pay to the Government 26 percent of the annual experienced operation and maintenance cosCs of specific water supplq facilities at Aubrey Lake. In addition, the City shall pay to the Government 7.759 percent of the aanual experienced joint use operation and maintenance coets of Aubrey Lake until such time as the storage for future water supplq is first used. Ae 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 requ3red to pay in addition to the operation and mainte- nance costs of the specific water supply fa�ilities, wi11 be increased commensurate with the percentage of the total water supply storage being used S AUG 1 �;� � ��.� up to a total of 14.921 percent of such costs. 1�,ielve months prior to the +�� pected date that the Contracting Officer shall notifp the Citq that the Proj�� is comp],ete and operational for the water supply purpoae, the Government ��. provide the City an eatimate of the first advance payment for operation aad mainteaance costs. The first payment for operation and maiatenance costa of preeent use water supply storage in Aubrey Lake wi11 be due and payable in advaace within 90 days after the Contracting Officer notifies the City that the Project is completed and operational for water supplq purposes, will be for the period beginning on the date the Project ie operational for water supply purposes and ending on 30 September following, and will amotmt to the sum of the first payment for specific water supply facilities costs and the first pay- meat for joint use costa. Annual paymenta•thereafter, for each Government £iecal year ending 30 September, will be due and payable in sdvance on 2 January following the close of the prior Government fiscal year. P� �a�t bq the City and payment adjustments by the Government sha11 be ia accordance with Exhibit A, IV, 8. (2) When each and any portion of the future water eupply storage is placed in uee, the firet payment of the additional amount of the joint use operation aad maintenance coste required to be paid for such storage use wfll be due aad payable ia advance within 30 days after first use of such storage aad wi11 be for the period beginning on the date of said first use and ending on 30 September following. Annual paymente thereafter, for each Governmeat fiecal year ending 30 September, will be due and payable in sdvance on �„��""" 2 Januarq following the close of the prior Government fiscal qear. d. �x �� c d+��„�.� �a�t�� . If the City sha11 fail to make any of the aforesaid paqments when due, thea the overdue payments shall bear interest compounded aaaually 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 delinquencq ocaure. The amount charged on payments overdue for a period of lese than oae qear shall be figured on a monthly basis. For example, if the p� rnt is made wifihin the firet month after being overdue (31 to 60 days after the anniversarq date ot the date of notification) oae month's interest ehall be charged. Thia provisioa sha11 not be conetrued ae giving the City a choice of either making payments when due or paying interest, nor ehall it be construed as waiving aay other rights of the Government, at law or in equity, which might result from any default by the Citq. e. Aseurance of funds for contract ��;��. The City warrante that all payments contracted hereunder shall be secured by e pledge of surplus revenues of the City's combined Waterworks and Sanitary Sewer System remaining after paymeat of all expenses of operating and maintaining such sqsCem aad after providing for payment of all debt service, reserve, or other requiremente in connection with the City's Waterworks and Saaitary Sewer System Revenue Bonds now outstandiag or those hereafter issued on a first lien basis or oa such other basis as may be approved by the Contracting Officer, ,�,��v�.d��, that in the event such surplus revenues may become or are insufficient Co meet the paymenta contracted hereunder, the City sha11 fix and collect such rates and charges for services of said combined system as will make possible the prompt payment of 6 ,�'"� , all the aforementioned requirements including payments contracted hereunder. Payments made by the City as Project investment cost and as major capital re- plscement coats shall be regarded as capital expenditures. ARTICLE 6. d��t��,�� tments. All construction cost dollar amotimte in this contract, including those in the Exhibita, are tentative oalq 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 mcdi.fied to reflect the adjustments. Withia two years after the Project ia completed and operational for water aupplq purpoaes, the Contracting Officar shall make a rev3sed interim estimated detexwination of construction costa, including interest dufing construction aad taking into accoimC the actual costs to the extent they are thea kaown. In like maaaer, further interim determinations shall be made at two year intervals until all actual costs are known, at which time the Contracting Officer sha11 prepare a fiaal cosC determination, including interest during conatructioa. On each occasioa of an interim determination, or on final determination, the aunual payments thereafter due shall be changed ao as to provide for the payment of the balance due in equal payments during the.remaining life of the repaymeat period; and a revised schedule, or achedulee as necessary, of annual payments ehall be furnished to the City. ARTICLE 7. Durat3on of contract. Thie contract shall be e£fective whea approved by the Secretary of the Army aad shall continue in fu11 force and effect for the life of Aubrey Lalce aad Lewiaville Lalce. Both Aubrey Lake and the addi- tional storage to be made available ia Lewiaville Lake have been formulated on the basis of 100 qeara economic life. ARTICLE 8. Permeuieat riAhts to storage. Upon completion of payments by the Citq as provided in Article 5a herein, the City ahall have a permanent right, under the proviaions of the Act of 16 Ocrober 1963 (Public Law 88-140, 43 U.S.C. 390e), to the use of the water eupply 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 Sc, of the annual operation and maintenance costs allocated to water supply. b. The City ehall bear 26 percent of the coats allocated to (1) water supply for Aubreq Lake aad (2) the total storage epace between elevatioas 515.0 feet above mean sea level and 522.0 feet above mean aea lavel for Lewieville Lake of any neceasarq reconstruction, rehab3litation, or replacement of Aubrey L�t�� or Lewisville L�� features which �� be required to continue satiafactory o��ation of Aubrey �,�;1�� or Lewisville T�a�e. Such costs will be established by the Contracting Officer and r��„t arrang��a��ats �"��11 be in writi�,� in accordaace with the terms and ��+��.��s aet fo�r�:� in ��icle 5(b) for �or capital replacement costs. c. Upon completion of payments by the City as provided in Article 5a herein, the Coatracting 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 purposea served 7 by Aubrey Lake as may be necessary due to sedimentation. Such findings, and the etorage space allocated to municipal and industrial water supply, shall be de- ilned and described in aa exhibit which will be made a part of this contract. Following the same principle, such reallocation of lake storage capacitiee maq be further adjusted from time to time se the result of sedimentation resurveqa to reflect acCual ratee of sedimentation and the exhibit revised to show the revised storage epace allocated to municipal and industrial water supply. d. The permanent rights oi the City imder this contract ehall be continued so long se the��m��t con��:��s to operate �,aa�wrey ��.'�� and/or ��r�,��r��le Lake. In the ��,� �� Gove ��t no longer o�a�r�ates ��rey Lake �� +��sville Lalce, euch righta may be continued aubject to the execution of a separate con- tract� or supplemental agreemeat, providing for: (1) Continued operation by the Citq of such part of the facilitq as is necessary for utilization of the water supply etorage epaces 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 claime. The City shall hold and save the Government, including its of��„��°�� ,��,, � employees, harmless from 13ability of anq nature or kind for or on account of any claim for damages which maq be filed or asserted as a reault of the storages in Aubrey Lake and/or I,ewisville Lake, or withdrawal or release of water from or trans£er of water to or from Aubrey Lake or Lewisville Lake made or ordered by the City, or se a result of the construc- tion, operation, or maintenance of the features and appurtenances owned and operated by the City, p�c��,�,��,',, that this shall not be consCrued se obligating the City to hold and save the Government harmless from damages or liability resu].ting from the sole negligence of the Government or its officers, agents, or employees and not involving negligence on the part of the Citq or its officers, agents, or employees. ARTICLE 10. �,��. m��. The Citq shall not transfer or aesign this con- tract or any rights acquired hereunder, nor, aub-allot said water supply storage apacee or any part thereof, nor grant sny interest, privilege, or license wt�atsoever in conaection with th3s contract, without the approval of the Secretary of the Army, ��r�+�'��, that unleas contrary to the public intereet, this restriction shall not be construed to apply to any water that may be obtained from the water supply storage spaces bq 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 Co�issioner, ahall be admitted to any share or part of this contract or to any benefit that may arise herefrom; but this provision shall aot be coa- etrued to extend to this contract if made with a corporation for its general benefit. 8 � �°'"�m �°q, � ��, ,: �"�ICLE 12. ��a�+�a�� a�� s��.� ��a1� �"��.� , �"i�+� ��.�� +��;�rran�� that no perso�m c�r sell�r�� ,�,�� "�� ,��y�� +�� .�ec� �� or �ecure this �+��tract ��a�ra� �.�,��r�a�� c�r ��.�.�,� �� ; c�a ��,, �erc��tage, bro'��ra�+�, o� ��'��t fee except�.�,� �r�,a ��,+�� p��e� �r '��a�aa ��.�e est��li��ned �� ,�,� or selling ��c:�� ,��a�r��s� �� "�� ,�� f€�� the pur�w�se �f s�� "� iness. For ��a��; �� .�1��.r�� f ��i� ��rr��n�y, the ��'� �1� �is�l�, 1��°� the �;�.��,� �� „ this �.,��ract �.��s� liabi,�� in �.�� .��t�a�� ,�� to �"�� w�ice or ��side��:i��a �wx othe �� e- fee�� fu��. v�s�� of �u��"� �+� ��+��, perc��tage, ��a��, or +��:�:��ent 7C�� . ��.'w�.a��nm��,�� ro��.�.^� , "Dur�..�� ^ ��c��ion, �a�a�rat��r�a� �� ,�r�� "�� a� ��.i�� ' ��► �E�+��,iities � ,��c�.�"�+� �+��a�s wi1,1. "�e t��a� to �t�t�� i��r��. �� :��c� ��uld r+��'.�: �r�a�m ��+��a� activi��r and i�� +�c� ;1,� ��,�1� applicable Federal, State, and local lawe and regulations conceraiag ��a�C.�caa��.�,�1 pollution. Particular attention ehould be given to (1) reduction of �,�a� pollut�.a� b� ��wt�r��. of b��air��, �u�.��.s�.��ion ��' a1�;�d�� c�a��a��:� ��' ch��.�;al vapo��, d ��r��r�;� of ��i�;� �a��a�� ,�ses ��d ��r¢a�� r�w�a ��a��rrs� he��s; (2) �+��d��i�� c��' ��ter �ar��.l��l�� 1�� tro1 v� ��a��.1��a� ;��+��.��e�� stoa�� oi fue].s a� other cont ��;�ts, and control of t��°lb�dity and sil��.v�a fro� ,��sion; (3) ��imization �� :se levels; (4) onsit� �,d offsite di��w+��, of waste and spoil; and (5) prevention of landscape defacement and damage. ARTICLE 14. �"�d�� r��l. ��,�� ,�,,,��. a. In actiug uader its rights and obligat3ons hereunder, the City agrees to comply with all applicable Federal and State lawe 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); a.nd Title 29, Code of Federal Regulations, ParC 3. b. The Citq furnishes as part of this contract an assurance (Exhibit C) that it will comply with Tit1e VI of the Civil Rights Act of 1964 (78 Stat. 241, 42 U.S.C. 2000d et seq.) and Department of befense D3rective 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations. ARTICLE 15. Water conservation. There is a atrong Federal intereat in the efficient use of Federal projects, and this objective may be served bq effective management of the use of water from the system into which a Federal project is iaCegrated. Therefore, prior to the first use of storage apace indicated in Article 1(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 aupply is used in an economically efficient and environmentally sensitive manner. The plan shall contain a program £or 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 3mplementation of ineasures are made apparent and as the system supplies and user demands change. ARTICLE 16. Definitiona. a. Joint use costs. The coats of features used for any two or more Project purposes. 9 � m � .; • ,�. x� � : - . ._ , . • . . . � . � , � _ , ,� � . � _ - , �� . � ,_ _ . , _ . , - .� . � � � , �� .,� .,�. ..; . �� . �,�, � � „w, . - .: =; • . - - , . _ �� a. ��:' , :_� �� . _ w r � p � _ ,.� ,� , . ; ,. . � .� � �� , � : �� - �W � - -- . , _ . . � .. � ,. , � � • ,„ � , �� . .; ., .- - . . . „ . . » w ,� � .. . � �, �r. �: . , =`„ w . �� f w M .:. , . w . � . �n � r ♦ „R ! 1 ' : r : ■ ' ' !i. - ' f i ( • : I + � 11 � " "". " :� � !, , . , J — - • � 1 ' � i 1 •' ^ � �� ! ! � : ' r. . m IN WITNESS WHE[tEOF, the perties hereto have executed this contract as of the day and year first above written. � � �i� ,��^"'' ��I�iV�� „,� �w; _, _ _ . : , . �a�� , g SEP 1980 THE UNI STA � �M�" � ��. , ��.�.�d�.�a� Colonel, CE Contrac��,� Officer D�te �;� 1 � CITY OF DENTON, TEXAS � � �� I w � � � � � �� , ,+.,, a � . �' ,/" � � . �. ..+w�r�iA1W..��, � , �1 �� M� � , Mi itl� � "� wM � �i �:X �u ��+ w � y �� , q , „ , � ;� � r � � ' ; �T � � ► . y w : r� i � a �, �a 1 r " , .. � �z � - :,e � ;, ,� � • , . w� • _ , ., , : , , . 1 . >_ , , � - -. - � ;.. • . •. . � �•� . � r� ��•.� : .: - .� � - •- .. . _ . IN WITNESS WH�REOF, I have hereunto City of Denton, Texas this ,� day .�1� �� 7�� ` � w w ^ *" � A' � w ` �' � � 'F '.,: ��d � �� w ,� � City of ��,�on, who si�� of the �� of behalf of �he �8 W'�.t111ri t�'1@ „ ��, . : . _ _ , __ , . �r' "� , • � � � �1��.. �„�� IP�� r �rM"„ , G +r � . . 1 - s - : s m �,. W li A .M�i �.. ., �M I ��,� � � M I . �• , � Flood control WaCer supp].q (City of Da].las) (City of Denton) Totals �„, Elevation (feet me1) 632.5-640.5 below 632.5 below 632.5 below 632.5 �+ . j, . :�, � f ; � Ar�� 1�� Gross Percent storage of gross �� 265,000 799,600 (591,700) �� 1,064,600 ��.�� '�� Elevation ��,�� ,�� (f�� ms1) �+��,� 522.0-532.0 336,100 515.0-522.0 177,600 515.0-522.0 (131,400) 515.0-522.0 �� 513,700(2) (1) 1985 condition. (2) Between elevations 515.0 and 532.0 feet ms1. 24.892 75.108 (55.580) �.� .5�� 100.000 Percent of groes ��a�� 65.427 34.573 (25.579) .�... �.�'��a� 100.000 Percent of water supply �torage 100.0 (74.0) (26.0) Percent of water supply s��r�� 100.0 (74.0) (26.0) " � � r, � �w � : � � w� � w Federal conetruction cost Nonreimbursable costs (unallocable) (1) Project coat to be allocated Interest during construction on allocable cost (2) Project construction investment to be allocated $211,234,000 9,826.000 � 2�� ,� 4� �, C�f��i �� . �� " (1) Relocation of roads above replacement-in-kind atandards. (2) Interest rate for Federal share of recreation - 3.25X. Interest rate for water supply and non-Federal share of recreation - �. uox. A-1 � ,. ��`� � �� ° AUG 1 5 1980 i��s�`�� costs - remaining ��fits method) 1. Specific facilities cost Aubrey Lake Lewisville Lake 2. Joint use facilitiea cost Aubreq Lake Lawiaville Lake Subtotals - cost 3. Interest during constructioa Aubrey Lake Lewieville Lake 4. Total allocation- investment Aubreq Lake Lemisville Lake Water supply $ 218,000 (218,000) (0) 125,629,000 (124,413,200) � �� .� � � �� 7' � V��}C� 18,147,100 (17,971,800) 1175.300) $143,994,100 (142�603,000) (1,391,100) Recreation $23,566,000 (19,985,000) (3,581,000) 51,995,000 (51,491,800) _ (503,200) $75,561,000 5,844,700 (5,437,400) �� $ 81,405,700 (76,914,200) (4,491,500) Totals $ 23, 784, d�t9� y �" (20,203,000) (3,581,000) 177,624,000 (175,905,000) �� 4�� w� � �qi� 23,991,800 (23,409,200) (582,600) $225,399,800 (219,517,200) (5,882,600) (1) Intereet rate for water supply - 7.210% (fiacal year 1980). Intereat rate for reimburaement for water eupply storage will be set as of the beginning of the Government fiscal year in which construction of the Project is started. (2) Inves�u��,�, cost to be repaid by: City �� ,a�las - 74X Present water supplp Future water supply City of Deaton - 26X Preseat water supply Future water supplq Totals Lewisville Lake $1,„�C��"��.�� (1,029,400) (0) 361,700 (361,700) (0) $1,391,100 �� .�� , �� 4�� (54,873,700) (50,652,600) 37,076,700 (19,279,900) �� a��,� ��.�� i I� � �� e �� n . a y � A. Allocation of estimated total annual costs: Water supply l. Specific cost $ 70,400 2. Distributioa of joint use cost (percent) 57.39 3. Allocated joint use coat �,��„M�,�� 4. Total allocation ��;��p Totals $106,555,700 (55,903,100) (50,652,600) 37,438,400 (19,641,600) ��, �' � i"��„��Y�� '� Recreation Total $642,000 42.61 75,800 $717,800 To be paid bq the City of Denton: 26X of specific cost for water eupply facilities Aubrey Lake joint use cost: Present use w/s storage (0.52 x 0.26 x 0.5739 x$177,900) Future use w/s atorage (0.48 x 0.26 x 0.5739 x$177,900) Total A-2 $�i2,400 �� i� w� � � �. 18,300 13,800 �.� � �� i�,„��i� � " � ' B. Annual payment adjustment: ��rarm��a� �ca� �&�+� Ci�� a�� s��; �f L.�� r�aa.�� a�p��,�;��r� �� .��;�a�� +c��s �,�.�.+��+� �� ,t�� wp�� ,� ;�c��c ��1� ��a�r� �.�zt ��. ��,a�° ��.�� b� �� w� �� it� �� aa3�r,��+� cw� � �",��r�� a��,�.�� ;�a�� ;� ��,or ��r� �� ;�c��, �r��r� �"�a� ��a� ro��+� ��a� supply st+��tge, the first p�y��,�t �,�� uch co�� will be est�.��,�ed based on �� Contracting Of��'s ��waal est�, tes therefor� ,��orated �� a��a� for � ��°�� °��r of �� cwp��a�;�. ]��a�� 1 �� ti� ��aft��c �.� �:�+��u+��. (1) �u� �d�r�.n�� a� ��t ��r �1�� rrent �;��;��» ,��a�, est�. ��d �a��,d a�� the �� a��.�� anafl �..��r��ce "��'�^�� ""�"� �� '�� d�r�� cal year (except as noted for �"'��" "��"�t'�� «� �� a� u�t (plus or minus) to adjust the �°�� '�� '�"��'�+� �� +��' �� eceding fiscal year for the actual �� '��"�"�+� ��" ��"� �a��dCl��° ��,�cal year. For future use water �'��"��' �"��"��'�� '�� w��a�� wi11 be estimated based on the ��'��° "��"��"�� ^� ��a ��a�ts incurred for the precediag fiscal �'�� (��at as noted for particular ��c�itiona) . The first ad�r�,��e �� n� �,�,1 be prorated as necessary �c�;� a partial qear of sto�� use; 8nd each annual payment thereafter will include an advance p��r;�at for the current fiscal year and an amount (plus or minus) to adj�.�� the estimated �,r��ce �a��nt for the precedi�,� fiecal year for the actual costs incuac��c� for ��,� preceding fiscal ��r. A-3 w � ,• „ � � � � � � w � � A. °�, �a� ��u �.��. �� .��a�� :�: (1) �� Cc� Water su 1 Recreation Total . .-: �� : . + . : :, , _ , ; i d� 1 , � * , � ;� _ . � _ �IN� . ;: x � �: • �r , w, �1N To 1�� paid by the City of Denton: 26� �f specific cost for water supply facilitiea Aubrey Lake joint use costs Present use w/s storage (0.52 x 0.26 x 0.5000 x$14,200) Future use w/s etorage (0.48 x 0.26 s 0.5000 x$14,2Q0) (2) Total 5,700 1,000 900 $ 7,600 (1) Est�.�,tes of ��r�°�age �a�� chargea are used for dete;��,;��ion of allc��ted per��a��agee� �,�, charges w3.11 be based on �"�+� �.a°adicated per- centages of actual costs if and when theq are incurred. (2) Additional unte of joint use cost required to be paid as future water supply storage ia used will be computed as followss Percent of future w/s ��'� �� x 0.48 x 0.13000 x actual joint use cost �C�� , , �� ,� , AubreY Lake Sedimentation reeurveys coats allocated to water supply aad to be paid by the City of DenCoa in accordance with Article Sc(3) are based on the percentage of the gross storage in Aubrey Lake repreeented by the stora$e right of the City - eee eectioa I of this Exhibit A. Present use water supply storage = 0.52 x 19.528X � 10.155% Percent of future w/s �� ,��d �.�. �� Future use water eupply storage = �� x 9.373X A-4 r , �'i`�ia 1 5 1��0 � � ��.��:�� . ��: �� .. i� �x��tt�� u.�� °�� l �� : �- . t to be rtized: L s lle L e $ 1,391,100 x 0.26 $ 361,700 A rey L e $142,603,000 x 0.26 x 0.52 �,� �� q��p Total �� " � � f �M4� Based on 50 equ pa ts, 49 of which bear interest on the paid balance at the rate of 7.210 percent. • ��- - ;� ,�,�,- ,; � . • � .� .. . ,. , - .��. �� . .- -.. . - � ,i� . � � .� R, � � �� w � - _ �, � ,� r � .• _ .. _ . . , . . _ : , - :,�,.. - . � �� . « � �� .. ., � . ,.- : - � � .� � _ � M�, �� , �...... �, ��. � �� 1 2 3 4 5 6 7 8 9 10 �, i 12 13 14 iS ib 17. is 19 20 21 ,22 23 24 25 26 27 '�, 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A7 48 49 �0 PAY�iENT TO INTEREST 0.00 1317896.67 1314654.32 131117B.24 1307451.46 13b3456.01 1299172.50 1294580.14 1289656.68 1284378.23 1278719.20 1272652.16 1266147.69 1254174.25 1251698.01 1243682.75 1235089,58 1225876.84 1215999.87 1205410.77 1194058.19 1181867,09 it68838.46 1154@49.01 1139BS0.93 1123771.49 1i06532.72 1088051•04 1068236.8� 1046994.00 1024219.SB 999803.11 973626.22 9453b1.9B 915474.31 683217.31 @48634.SB 811558.44 771809.11 729193.85 683�06.04 63452A.13 582010.62 525710.90 4b5351.96 400641.14 331264.67 256B86.16 177144.96 916�4.4a EXHIBIT B PAYMENT TO P�INCIPAL 1362866.77 44970.10 48212.45 5168B•57 55415.31 59410.7b 63694.27 68286.63 73210.09 78488.54 84147.57 90214.61 96719.08 103692.52 111168.7b 1191@4.02 127777.19 136989.93 146866.90 157456.00 1688Q8.S8 180979.68 194028.31 208017.76 223015.84 239095.28 256334.05 274815.73 29A629.95 315872.77 338647.19 363063.66 389240.55 417304.79 447392.46 479649.4b 514232.19 551308.33 591057.66 633672.92 679360.73 728342.64 780656.i�i @37155.87 897514.81 962225.b3 1031602.10 ilOS980.61 118�7�1.81 127121�.42 70TAL FAYhiENT 13b2666.77 136286fi.77 1362866.77 1362866.77 13628bb.77 13628b6.77 1362866.7i 1362866.77 1362866.77 1362866.77 1362866.77 1362866.7i 1362866.77 1362866.77 1362866.77 136286b.77 1362866.77 1362866.77 1362866.77 13628fi6.77 1362866.7i 1362866.77 1362866.77 1362866.77 1362866.77 13628b6.77 1362866.77 1362866.77 1362866.77 13628b6•77 t362866•77 136286b.77 1362866.77 1362866.77 136286b.77 1362866.77 1362866.77 1362866.77 1362866.77 13b2866.77 t362866.77 t3b28b6.77 1362866.77 1362866.77 1362866.77 1362866.77 1362866.77 136286b.77 1362866.77 13li2666.84 B-1 E�ALANCE �UE 19641600.Op i8278733.23 18233763•13 181B5S50.68 18133862.11 18078446.80 18019036.04 179SS341.77 17887055.14 17813845.05 17735356.51 17651208.94 17560994.33 17464275.2� 173605@2.73 17249413.97 17130229.95 17Q02452.76 16865462.83 16718595.93 165b1139.93 16392331.35 16211351.67 16017323.36 15809305.60 15586289.76 15347194.48 15090860.43 14816044.70 14521414.75 14203541.98 �38b6894.79 13503831.13 13114590.SB 12697285.79 12249893.33 11770243.87 11256011.6@ 10704703.35 1011364�.69 9479972.77 8800b12.04 807a269.40 7291413.25 6454257.38 55567A2.57 4594516.94 3562914.84 2456934.23 1271212.42 0.00 � Contract No. DACW63-80-C-0104 ��T� �� E}�IBIT C ASSiTRANCE OF COMPLIANCE WITH THE DEPARTI�NT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The City of ��,p�, �,��on County, Texas (hereinafter called "Applicant- Recipieat") �;��' ��,�g �T it will comply with title VI of the Civil Rights Act of 1964 (Public Law 88-352) and a11 requiremente imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300, issued as Departmeat of Defenae Directive 5500.11, December 28, 1964) iesued pureuant to that title, to the end that, in accordance with title VI of that Act and the Directive, no persoa in �he United States shall, on the gro�md 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 £or which the Applicant-Reci.pient receives Federal finaacial assistance from the U. S. Army Corps of Engineers and HEREBY GYYES ASSURAPTCE THAT it will i�ediately take any measures neceseary �° 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 �or which Federal financial assistance is extended or for another purpose involving the provieion of aimilar services or benefits. If any pereonal property is so provided, this assurance shall obligate the Applicant-Recipient for the period during which it retains ownership or posseasioa of the property. In all other cases, this assurance ehall obligate the Appl3cant-Recipient for the period during which the Federal financial assistance is extended to it bq Che 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 .� � �� - . _ : — . .. _ ., . : ,�` ,� � . ..� . _ ::_ ; - = . . � ., . — _. _ :,_ — :�: •,�- . — .- � .� .— .:— — � — .- ., — .� —:� . �. — — � , „ � . .� 4 . �, .. � „ � �� r : � , ��'� �� , �" � �.��i�i�� wiu11�141�1� � �� i�l��l �� ,'�u,,,,, F � ;�� »� z � ; � � 1'�r �r. � �� wul�ll a � , ,, � M • �r �� , , � "� �� '�� r, d � , � �� w% � ,. r i» ► :' • 1` y : 1 1 1 a��' �' �e °��"�'��u� i+��r� �w : � �� ;� > .. . .. : . ... . .. . : ��- ► , �� ,- -. the United States of America and the City of Denton, Texas. Particularly I have conaidered the effect of Section 221 of Public Law 91-611 (42 U.S.C. 1962d-Sb) and of the opinion that the City of Denton, Te s hae the requieite legal authority to enter into and co 1y with this agreement as required by the afor eationed statute. �W � :�w1�w�. �� I� � ro�l�� A� �,� � „� , �: . .� %.. ,,r . , �,. . �- . �- . — — w �� " I:r ,1: y . � ,� � � ..� , , �. , , �N :' fl :��;�� m'��M � ��. .—;� --...�w. 9pq,�" I � �: � � .. • ., � �. ��:� ' �� ' < �ti�.9E��_a � � �..�bIP ,'��IA`.. riw.,: �'" � I'�4I .C, �!lu°..�C. «�;. _ • � ' • ' • • ' • �: ' _ ' • f •;: ' � + _�.. ' • • � � - � _ _ � ' • o . - ...��. � . _ ' � .�, � � � � ��: • n . - • ! '��: • :. i� � r,'= �• i• - k�� it`.. n r: ' •..:. . • - • �::: • = i i �: : : - - • �� „a„'�� `�-� er ency Flood Control Regulation Schedule � � � E7CHIBIT F STANDING INSTRUCTIONS TO PROJECT MANAGER LEWISVILLE LAI� � � �i " .%�, ��. 1. ��,�„ a:�a��. Detailed instructions to the projeat personnel at Lew3sville Lake are presented below: a. �t�.�a �� During flood periods, the lake will be regulated in accordance with the normal regulations for flood control �s directed in Chapter 7 of thie ma�nual or paraqraph 2 of this exhibit. Instructions for the etorage and diecharqe of floodwater will be iBsued by the Reaervoir Control Section. In the event of communications with the Forth Worth District Office are diBrupted, the lake will be regulated in accordancs with the schedule oi �y regulations for flood control (see Chapter 7 of ttiis manual or paraqraph 3 of thia exhibit).� In addition, the project Manager wil]. immediately make every effort to reestablish comanunications with the Fort Worth District office. b. Daily lake clata (example on plate 5-6) will be �ubmitted to the ReBervoir Control �' Section, Hydrology-Hydraulics Branch, District Office .� (telephone (817) 334-2214 or facsimile (817) 334-2176; or Vi�- FM radio, call siqnal WUI-6). The Reservoir Control Bection is manned from 7:45 a.m. to 4.45 p.m. daily and 7:30 a.m. to 11:3o a.m. on weekends� and holidays (except Christmas Day). In the event that unusual conditions arise darinq nonworking houre, one of the persons listed on paqe i of this manual should be contacted. The follo�vinq data should be included in the daily report. (1) • � �„„,�;�,�„ ,� Number of conduit gates open, with the height of openinqsj openinq in deqrees of the low flow gates; and precipitation in inches for the past 24 hours (8 a.m. to 8 a.m.). (2) . Date and time of qate operation, number and amount of gate openings before and after operation. (3). In addition to subparaqraph� (1) and (2) above, reports as specified by Reservoir Control Section. .. � Y �„,�. �� ° ( 4 ) . �a�� . , Rainfall reports shall be � made as follows: (a). At 8 a.m. all precipitation that has occurred during the preceding 24 hours, S a.m. to 8 a.m. (b). Rsport at once the oacurrence of 2.00 inche� or more of precipitation that ocaurs durinq a period of 6 hours or less. Durinq nonworkinq hours, the report should be made to one of the persons listed on page i. c. ~ Events or conditions not normally encountered in the routine operation of the dam and lake which might ��a��uc��r the dam or necessitate temporary or permanent revision of the operating procedures such as settlement, m�a��;, or crackfng of the earth embanlm�ent or abutments; unusual chanqe in seepaqe rates or devel��+�� of new seepaqe areas; mechanical malfunction or failure; struatural settlement ma�� +�nt, cracking, or vibrations; landslides, rockslides, or ��,,��°�ion of an imp+��,�.��r movement; or an occurrence is��,�,��,� any degree of je�w�� to the eafety of the dam or to the safety of the public shall be reported promptly to the Reservoir Control Section, Hydrology-Hydraulioe Branch. �� d. �, It is the responsibility of the Project Manaqer and the project personnel suthorized to make qate changes; to maintain a list in current status of residenta, and/or property, which would be endangered or inconvenienced �� .��e ��,��+'�� ;��a��i�;ec1 re].eases; and to give adequata ��, �i�� of ��a ��;��r��r releases. Notification will be made by �r�;�°��r ��u�� available. �,� inc�,��s radio, tel i�� +��a��a� � citizen band ��ic, ��a of law enforaement, and Civil Defense agencies and their conmauniaation system, National Guard and Reserve Units, supplemented by oral warninq from Corps� employees in ��^� �;� � �cles. IN ev+�� se, �� cha��+� in release ��+� ;�� +�, a warning �az��, is ��.��. to ��%iiy people downstream within hearinq distance. �. ��aa��r�� a�+�� w+�;��.��, gate �� ^�r� �� ;��: �^ � �� c��::� �� ion at �r i� �« +� ��.c� w� � have significantly risen into the flood control pool, qate chanqes may occur every half hour. Only under the most unusual circumstances will gate clianqes be ordered more f �l�* �s� onc� �� a�.�.;� hour. Frequency of gate changes ,�w�;�i�,� ��a�^ fl�a� ��a��.�� will generally be less than once a day. F-2 ��.�, a m � �' ,'� ". � � � � .,�� ' .�� ,� .� r^ rr : i y r � �` w ul w�.I:r ;� �. 1 �'��. . � . ic . . 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'� _ . �� . . � . � _ . . _ . . . � � . � ', - ; . �:- ._ . -. . _ . . � � , : . r . . - . . f + _�:_ . - �. � • ' i� _� - . ;,� _ - r . . _ .'. . . �rt5:i .... : .: ° _: �.� • - - •� • = - - r:. - - � - • ' _ r. �` • �� _ • • iui:r : �: • '.; '.: 1� • .: ._ ...: ��. � . ' _ • e: _ .� _ • ,... _ � !.. � :_ • � " :_. ..; • r .�:• ..: _ �'.. � . -. �� : ;: iY _ r�:: • :.�.. il . �� n ii'. . • � 7 : �- ,v � :• • :• _ ' � • • ��X.� w. Cw '� 'r"w e' ♦ :. �:�.: Ni w :��VN: 1 -. ..' Il. !'w =•I � fi "� ^ �...... ,�...,."� !� `��. .,.�.: 1M •,��.�N '�.. ' 1� �.�. � �� '� =: . � .�.• � � . SUPPL .ENTAL AGRE�4ENT N0 . P00001 ` TO ��w CONTRACT N0. DACW63-80-C-0104 �� (THE CYT3i OF DENTON AND THE ° CORPS OF ENGINEERS DATED 15 AUGUST 1980) THIS SUPP�°��"�"�� .��1W�.�, entered into this �� day of ,�� 1982, by and bei��r�� 1�� c��r��nt, represented by the Contract�,�� '�`icer executing this agreement, and the City, WITNESSETH: WHEREAS, oa the 15th day o# 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. ].527, changed the name of Aubrey Lake to Ray Roberts Lake, effective January 4, 1981. NOW, THEREFORE, the partiea agree as follows: 1. Contract ARTICLE 15, '��t�°� ��xa��a��.��, is deleted in ita entirety. 2. All other terms aad conditiona of the original contract ehall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this supplemental agreement as of the day and qear first above written. �: CITY OF DENTON, T � �i'�"�TED '�""�""� �,';��.� � BY �' �.� �:��, 1� � �� r;a, ,� � Pa��.,�+d��ca �;�,� '� Colonel, CE Contracting Officer Charlotte Allen I, B3(d�XBi�'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 eigaed thie supplemental agreement on behalf of the City of Denton was then Mayor of the City of Denton, Texas; that said supplemental agreement was duly si��d for and on behalf of the City of Denton, Texas by authority of its governin�„'�ody and ie within the ecope of ita legal powers. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of eaid City of Denton, Texas this 1 S t day of A� r i 1, 1982 . � � �.harlotte Allen � Secretary City of Denton, Texas CORPORATE SEAL J��I-1�I3��C' i DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P. O. BOX 17300 FORT WORTH, TX 76102 September 3, 2019 Mr. Ken Banks, General Manager of Utilities City of Denton Water Production Department 901-A Texas Street Denton, Texas 76209 Dear Mr. Banks; Please find enclosed your 3rd Quarterly Financial Status Report for FY20 joint-use water storage costs. The table below reflects your FY20 initial estimate provided January 17, 2019, summation of FY19 qualifying expenditures through June 30, 2019, and your revised FY20 estimates. Your share of joint-use costs are documented in your water supply storage agreements. Please make note that previously documented Repair, Replacement, & Rehabilitation (RR&R) costs have been moved to O&M expenditures and are no longer listed as RR&R expenses. Starting in FY21 the Fort Worth District will implement processes for budgeting, documenting, and tracking RR&R qualifying expenditures. Upon receipt of your FY21 Water Supply Initial Estimate, if RR&R costs have been budgeted, the District will open discussions to determine if your Agreement allows for amortization and which payment method you would prefer; amortization or payoff at billing due date. If amortization is available and selected we will need to make those determinations prior to tracking expenditures and work with the District Resource Management (RM) Office to generate a Long Term Agreement (LTA) for annual payment amounts. Fiscal Year 2020 Financial Status Joint-Use Cost Share % �� FY18 FY20 FY79 Jolnt- Bllling FY20 Budget Expend ro ProJect Agreement # Date 07 Oct 79 Expend Dlff �nitlal O&M 3 Qtr O&M Use Cost 30 Jun 78 07 Oct 19 30 Jun 19 i Dlff Lewlsvflle DA-41-443-ENG-1098 1/1/2020 $5,156,188 $2,434,699 52,721,489 $51,562 Sz4,347 $27,215 Ray Roberts DACW63-80-C-0104 1/1/2020 $1,695,194 $1,378,388 $316,806 E131,530 $106,949 524,581 We value the continuing relationship with your agency. If you have any questions regarding this matter, please contact Mr. Michael Kingston at (817) 886-1438. Enclosure ��N°��r�Py^� �'�. .�- �� SG,c�:�� Kathleen M. Spillane Chief, Civil Project Management Branch CITY OF DENTON: LEWISVILLE LAKE WATER SUPPLY CONTRACT: DA-41-443-CIVENG-1098 COST BASIS: FY19 Initial BILLING PERIO 1/1/2019 12/31/2019 BILLING DATE: 12/2/2018 BILLING %: 1.000% DUE DATE: 1/1/2019 OPERATIONS EXPENSE FLOOD DAMAGE REDUCTION Ops of Dams, Resvrs, Srv Facs, Equip Instrument, Data Collect and Analysis Formal Periodic Inspections & Reports Water Mgmt Activities - Analysis Water Mgmt Activities - Operations Real Estate Mgmt Environmental Compliance Mgmt ENVIRONMENTAL STEWARDSHIP RECREATION ATER SUPPLY TOTAL OPERATIONS EXPENSE MAINTENANCE EXPENSE FLOOD DAMAGE REDUCTION Routine Manintenance Specific Maintenance Carry Over Maintenance ENVIRONMENTAL STEWARDSHIP RECREATION TOTAL MAINTENANCE EXPENSE TOTAL O&M EXPENSE WORK CAT TOTAL 08�M EXCLUDABLE JOINT FY19 Initial Estimate dated January 17, 2019 602XX 604XX 605XX $ 1,580,000.00 $ - $ 1,580,000.00 $ .. � � $ ,. � _ $ � $ - $ � $ - $ 212,831.70 $ (212,831.70 $ � $ - $ - $ � 608XX $ 20,000.00 $ 612XX 614XX 615XX � $ 20,000.00 $ 1,600,000.00 $ 212,831.70 $ 1,387,168.30 $ 871,000.00 $ w $ 871,000.00 $ 1,930,000.00 $ - $ 1,930,000.00 $ 960,000.00 $ - $ 960,000.00 $ _ $ �. $ 3,761,000.00 $ - $ 3,761,000.00 $ 5,361,000.00 $ 212,831.70 $ 5,148,168.30 PreBud 2019 1.000% " $ 5,148,168.30 Estimated Total: ;� 51,481.68 CITY OF DENTON: LEWISVILLE LAKE WATER SUPPLY CONTRACT: DA-41-443-CIVENG-1098 COST BASIS: FY19 Initial BILLING PERIOD: 1/1/2019 12/31/2019 'BILLING DATE: 12/2/2018 BILLING %: 1.000% DUE DATE: 1/1/2019 WORK CAT TOTAL 08�M EXCLUDABLE JOINT FY19 3rd Quarter Estimate �PERATIONS EXPENSE FLOOD DAMAGE REDUCTION 602XX $ 1,494,663.33 Ops of Dams, Resvrs, Srv Facs, Equip ;� -$ �$ - Instrument, Data Collect and Analysis � �$ -$ � Formal Periodic Inspections & Reports � - $ - $ - Water Mgmt Activities - Analysis �a _ $ - $ � '��r� Mgmt Activities - Operations � - $ � $ - Real Estate Mgmt � - $ - $ � Environmental Compliance Mgmt � - $ - $ - ENVIRONMENTAL STEWARDSHIP 604XX $ � $ - IRECREATION 605XX $ - $ ._ � � WATER SUPPLY 608XX $ - $ - $ 10,615.75 $ � $ _ TOTAL OPERATIONS EXPENSE $ - $ � $ 1,505,279.08 $ _. MAINTENANCE EXPENSE $ � $ .. FLOOD DAMAGE REDUCTION 612XX $ 929,419.95 Routine Manintenance $ � $ - $ � Specific Maintenance $ - $ - $ - Carry Over Maintenance $ - $ � $ - $ _. ENVIRONMENTAL STEWARDSHIP 614XX $ - $ � RECREATION 615XX $ � $ - $ - TOTAL MAINTENANCE EXPENSE $ »� $ � $ 929,419.95 TC,��l�, 08�M EXPENSE $ � $ - $ 2,434,699.03 PreBud 2019 1.000% * $ 5,148,168.30 Estimated Total: � 24,346.99 Expenditures Year to Date as of 30 June 2019 ' � � :. ! �, ;� � �, � a � � � � 'y � � � ' �'��"�' BASIS;. FY19 Initial BILLING PERIOD 1/1/2020 12/31/2020 BILLING DATE. 12/2/2019 BILLING %: 7.759% DUE DATE: 1/1/2020 WORK CAT TOTAL O�M EXCLUDABLE JOINT FY19 Initial Estimate dated January 19, 2079 IC�PERATIONS EXPENSE FLOOD DAMAGE REDUCTION C,��r� of Dams, Resvrs, Srv Facs, Equip Instrument, Data Collect and Analysis Formal Periodic Inspections & Reports Water Mgmt Activities - Analysis '�'�t�r Mgmt Activities - Operations Real Estate Mgmt Environmental Compliance Mgmt ENVIRONMENTAL STEWARDSHIP RECREATION ?�ATER SUPPLY TOTAL OPERATIONS EXPENSE MAINTENANCE EXPENSE FLOOD DAMAGE REDUCTION Routine Manintenance ��a��s�i�'i� Maintenance Major Capital Replacement ��r��+ Over Maintenance ��&VIRONMENTAL STEWARDSHIP RECREATION 1"��"�►L MAINTENANCE EXPENSE "��T�� O&M EXPENSE 602XX 604XX 605XX 608XX 612XX 614XX 615XX $ 1,102,000.00 $ mm $ 1,102,000.00 $ - $ _ $ - $ _. $ . $ .. $ . $ . $ 21,805.90 $ (21,805.90) $ - $ - $ - $ � $ 15,000.00 $ 4 $ 15,000.00 $ 1,117,000.00 $ 21,805.90 $ 1,095,194.10 $ � $ �- $ _ $ 600,000.00 $ � $ 600,000.00 � _ � _ � � $ _ $ _ $ _ $ ,. $ � $ 600,000.00 $ � $ 600,000.00 $ 1,717,000.00 $ 21,805.90 � 1,695,194.10 PreBud 2019 7.759% *$ 1,695,194.10 Estimated Total: � 1��„��,�9 �1 CITY OF DENTON: RAY ROBERTS LAKE WATER SUPPLY CONTRACT: DACW63-80-C-0104 COST BASIS: FY19 Initial BILLING DATE: 12/2/2019 DUE DATE: 1/1/2020 FY19 OPERATIONS EXPENSE FLOOD DAMAGE REDUCTION Ops of Dams, Resvrs, Srv Facs, Equip Instrument, Data Collect and Analysis Formal Periodic Inspections & Reports Water Mgmt Activities - Analysis Water Mgmt Activities - Operations Real Estate Mgmt Environmental Compliance Mgmt ENVIRONMENTAL STEWARDSHIP RECREATION iNATER SUPPLY TOTAL OPERATIONS EXPENSE MAINTENANCE EXPENSE FLOOD DAMAGE REDUCTION Routine Manintenance Specific Maintenance Major Capital Replacement Carry Over Maintenance ENVIRONMENTAL STEWARDSHIP RECREATION TOTAL MAINTENANCE EXPENSE TOTAL O&M EXPENSE BILLING PERIOD; 1/1/2020 12/31/2020 BILLING %: 7.759% WORK CAT TOTAL O&M EXCLUDABLE JOINT 3rd Quarter Estimate C��ya:� 1 604XX 605XX 608XX $ $ 612XX $ $ $ $ 614XX 615XX $ 982,387.23 - $ 1,102,000.00 _ $ _ - $ � ,� � ,. _ � . _ � ,. _ $ �. 0 N• $ � $ 6,680.30 � $ � $ 989,067.53 $ 389,320.26 _ � _ p $ .. _ $ _ � $ _ 0 0 $ 389,320.26 $ 1,378,387.79 PreBud 2019 7.759% *$ 1,378,387.79 $ 106,949.11 Expenditures Year to Date as of 30 June 2019