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20-2004
ORDINANCi'i NO.20-2004 AN ORDINANCE OF TIIE CI'l'Y Ol? DENTON. TEXAS. A ’1-1:XAS [lOME-RUI,E MUNICIPAL CORPORA’1-10N. AtJ'FIIORIZIN(3 TIIE EXPENDI’I-URE OF FUNDS FOR PAYMENT TO THE U.S. ARMY CORPS OF ENGINEERS FOR TIIE ANNUAL MAJOR CAPITAL REPAIR ("MCR’') AND OPERATIONS AND MAINTENANCE (O&M’-) FEES FOR WATER STORAGE AT I JAKE LEWISVILLI! AND LAKE RAY ROBER’I-S; AND. PROVIDING AN EFFECTIVE DATE (WATER STORAGE MCR AND O&M FEllS IN ’I'lIE rOTAL AMOUNT NOT TO EXCEED $200,000). WI-IEREAS, pursuant to the federal Water Supply Act. 43 U.S.C. 390(b). on or about August 15, 1980, the City of Denton contracted in perpetuity with the U.S. Government for the use of the federally-constructed and maintained Lake I.cwisville and I.akc Ray Roberts for storage of the City's municipal water supply; and WHEREAS. the Water Supply Act requires that all annual operation, maintenance, and replacement costs for municipal water supply storage on federally-constructed and maintained lakes are reimbursed on an annual basis by the municipal user to the U.S. Government, Army Corps of Engineers; and will:RnAS, and City of Denton. by using Lake Lcwisville and Lake Ray Roberts for municipal water storage, is required to pay the water storage major capital repairs and operations and maintenance fees which are shown in the attached 1 Exhibit 1 and estimated in the attached Exhibit 2; and WlILiRI iAS, the City Manager recommends that the City Council approve and authorize the City’s payment to the U.S. Government, Army Corps of Engineers, of these required fees fOI water storage major capital repairs and operations and maintenance at 1.akc I.cwisvillc and Lake Ray Roberts for the City's use of the same for municipal water storage; and Wl-IEREAS, the City Council finds that it is in the best intcrcst of the City to approve payment of the required annual federal water storage major capital repairs and operations and maintenance fees. NOW, TIIEREFORE rHE CITY COUNCIL OF ’l'I III CITY 01: DEN'l'ON III.:REBY ORDAINS SECTION 1. The recitals contained in the preamble of this ordinance are incorporated into the body of this ordinance are true and correct SEC'1-10N 2. The City Manager. or his designcc. after receipt of the annual invoice, is authorized to expend funds in an amount not to exceed $200.000.00 for payment to thc U.S. Government, Army Corps of linginccr, for the required annual federal water storage major capital repairs and operations and maintenance fees related to the City-s municipal water storage at Lake Lewisvillc ,ind 1.akc Ray Roberts. SECTION 3. This ordinance shall become effective immediately upon its approval . passage and s c c o 1 1 d =1 :y I n=;1$11:4 acp P r o X) :: : r{i n a 1 1 c c was may 51 : yo iiI 1 in : :is st=Mda : J the following vote [ ? - O ]: Aye Nav Abstain Absent Chris Watts, Mayor: Gerard Hudspeth. District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 John Ryan. District 4 : Deb Armintor. At Large Place 5 Paul Melt;ccr. At Large Place 6: V &J a J +1/ J 2020 ROSA RIOS, CITY SECRETARY __/#/% __ A222 APPROVED AS TO LIEGAL 1:ORM: AARON I'EAL,. CITY A'i-TORNriY By : EXHIBIT “ 1 “ EXHIBI'T I //- Contract No. DACW63-80-C-0104 CONTRACT BETtTEEN THE UNITED STATES OF AMERICA ARD THE CITY OF DENTON, TEXAS FOR WATER STORAGE SPACES IN AUBREY AND LEWISVILLE LAKES , TEXAS THIS CONTRACT, entered into this\s E day of NK„A 1980, by and between the United States of America (hereinafter called the Gdvernment) , 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- inaf ter called the Project) on the Elm Fork of the Trinity River in the State of Texas ; and WHEREAS , in accordance wIth the authorized nodification, Lewisvi11e Lake (located ianlediately downstream from the Aubrey Dan) wi11 be modified to permit the transfer of flood control storage fran Lewlsvl11e Lake to Aubrey Lake for an equivalent amount of water supply storage in Lewisvi11e 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 Lewisvi11e Lake for uunicipa1 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.Co 390b) ; and WHEREAS, the City is empowered so to contract with the Govertment and is vested with 811 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-Sb) ; NOW, THEREFORE, the Government and the City agree as follows : ARTICLE 1.Water storage space. a. Project construction. 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 Lewisvi11e Lake to nunicipal and industrial water supply storage, a portion of which will also be utilized by the City . b. Rights of the City. (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 leve1 , which total storage space is estimated to contain 799 ,600 acre-feet gross storage, including storage for sediment deposits, and (b) an tmdivided 26,0 percent (estimated to contain 46,200 acre-feet gross storage, Including storage' for sediuent deposits) of the total storage space in Lewisvi11e Lake between elevations 515,0 feet above mean sea level and 522.0 feet above mean sea level, whIch tota1 storage space Is estimated to contain 177,600 acre-feet gross storage, Including storage for sedIment deposIts. The storage space in Lewi9v111e Lake is to be used to inpot=rd water for present demand or need for munlcipa1 and industrIal water supply; and the storage space in Aubrey Lake is to be used to inpotmd water for present and anticipated future demands or needs for municipal and industrial water supply . In Aubrey Lake, 52 percent (an esti=rated 108,100 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. (2)shall have the rIght to withdraw or transfer water fromle Cit'or transfer water Into eithee two lakes , or to OJdeU€,.tq:ks in th9Ji4PS, subject to thelh the outletle b'be t nnRe' irovisions of Article le and to the extent the aforesaid storage spaces will provide. The City shall have the right to construct a11 such works , plants s pIpelines , and appliances as may be necessary and convenient for the putpose of transfers or withdrawals, subject to the approval of the Conttacting Of fleet as to design and locationo The grant of rights-of-waY across , in, and upon land of the Government at Aubrey Lake and at Lewl8Ville Lake shall be bY 6epatate Instr Iwent in a form satIsfactory to the Secretary of the AIUY9 without adcIi- tiona1 cost to the City, under the authority of and in accotdance with the provisIons of 10 U,S .C, 2669. Subject to the conditions of such gtants8 the j;ity shall have the right to use so much of Aubrey Lake and Lewisville Lake tarGs as may reasonably be required in the exercise of the rIghts and pEIV11ege$ hereIn granted+ I n ][ui ; e y 1:t E: : s t : e : : : : : : ; o n 1rE : 2 1:1! vi ::Tel: o :: s :: :rs :l: el : : E : taE St :wiiw ; ref:: : ter water in Lewl8vi11e Lake to elevation 522 .0 feet above mean sea level _dut IPg _ such periods of time as is deemed necessarY, in Its sole disctetio fl, fot. flood ::: : :: : s P : : P = ;; s i e :: : e : : :i ;1::n E h : u : :: : : tiES e = e :utE : yr i : : :: d tiES i : : 21 e Lake to preserve life or propertY• tract \roSS::It::a::a:::::i: ITo:a:at::r :::y:it;hEeg:::::1=EhSk::i=can- r:presentations with respect to the quality or availab+lltY of watet andasswes no responsibility therefor or for the tteatlaent of watet• ARTI(.,LE 2. Regulation of and rIght to use of water• The tegulation of rights needed for utilization of the storages ptovided undet this conttact•Th: Government shall not be responsible for withdrawals , transfers , or diversions by others , nor will it become a pattY to anY conttovetsies 2 involving the use of the storage spaces by the City except as such controversies may affect the operatIons of the Governnent . ARTICLE 3. OperatIon and uaintenance. The Government shall operate and maIntain Aubrey Lake and Lewisv111e Lake, and the CIty shall pay to the Government a share of the costs of such operatIon and maintenance as provided in ArtIcle Sc.The City shall be responsIble for operation and nalntenance of all installatIons and faciIIties whIch it may construct for the transfer Into or out of or with-drawa1 of water from eIther or both of the two lakes and sha11 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 ueters ot measuring devices satIsfactory to the Contracting Officer for the measurement of waterwhich is transferred Into Aubrey Lake or Lewisvi11e Lake or is withdrawn or transferred f ron Aubrey Lake or Lewisville Lake by any means other than through Aubrey Lake or Lewi6vi11e Lake outlet works . The City shall furnish to the Government monthly statements of all such withdrawals or transfer8 . Releases from the water supply storage spaces through -Aubrey Lake or Lewisvi11e Lakeoutlet works sha11 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 811 such releases shall be by means of a tating cutve of the outlet works or by such other suItable means as maY be agleed upon ptiot to useof the water suppIy storage space or spaces . s t o r at:T : : :: e : • InP :E:: : s ; ak : n a::n ::: : : iii : : : :k :hi o : IiI: iE : P : : 1 :jie :: Ss : : : i sat;;ter-sup;ly purposes I Lhe City shall pay the following sims to the Government: a. Project investment coSts • (1) The CIty shall repay to the Government , at the t:tues and with interest on the unpaia balance as hereinafter specifIed, the alnounts stated below £ich9 as shown in'Exhibit A of this contract, constitute the entire estimatedamount of the construction costs , including interest during consttuction, allo: cated to the water storage rights acquiled bY the CitY undet _th}s conttact• . . The ; ii;e;; rite- ii–be Lea'’for ;urpose; of couputing interest during construction 26 percent of the construction cost of specific watet supply faciIItIes, estImated at 18.3l- percent of the total Project joint use construction cost, estImated at Interest during construction, estImated at Total estimated amount of Project investment cost allocated to 26 percent of the watet suppIY $ 56 , 700 32 , 663 , 500 4 1 718 1 200 $37,438 ,400 3 / / AUG 1 5 1980M'/-"'-\, (2) The Project lavestnent costs allocated to the storage space b Indicated in Article 1(b) (1) as beIng provIded for present demand is currently7 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 dmand shall be paid in 50 consecutIve annual insta11uents , the fIrstof whIch shall be due and payable wIthIn 30 days after the City is notified by the ContractIng Officer that the Project 18 completed and operational for water supply purp06esa 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 installmentsshall include accrued interest on the Impala balance at the rate provided aboveo The last annual in6ta11nent shall be adjusted upward or downward when due to assure repayment of all of the Investment c08ts allocated to the storage for present demand wIthin 50 years , (3) The Project inve8tnent cost allocated to the remaIning portIon of the storage space, that provided in Aubrey Lake for future use, is currently e8tinated at $17,796,800 on the basis of the costs presented in Exhibit A of this contract. No principa1 ot 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 aportion of such storage is used for purposes of withdrawal of water from or transfer of water into Aubrey Lake durIng thIs perloda The anotmt to be paId for any portion of such storage whIch is used shall be detennlned by multiplying the percentage of the total storage for future water supply which is placed in use by the total anotmt 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 c08t allocated to the storage for future water supply which is not beIng used from the tenth (10th) year followIng the date the Project Is operationa1 for water supply purposes ural the time when such storage is first u6edo The City may at its option pay the interest as it becomes due orallow the interest to accumulate ural the storage is usedo if this latter option is exercIsed, the Interest wIll be compounded annua11y and added to the principal amount, When any portion of the storage for future water supply is used, the amnwrt of the Project Investment cost allocated thereto Plus Interest applicable to such portion as provided above wi11 be due and paYable on the dateof first use of such portIon, The said moult due shall be paId wIthin the IIfe of the Project in not to exceed 50 consecutIve annual payments beginnIng on the next annIversary date establi8hed in accordance wIth the provIsions of Article Sa(2) above, Annual payraent6 thereafter for such portion wIll be due and paYable on said anniversary date+ For any portion, all payments sha11 Include accrued Interest on the unpaid balance at the tate provided above, wIth interest accruingfrom the said date of first use of such portion. The last annual paWent for any portion shall be adjusted upward or downward when due to assure repaWent ofall the investment cost allocated to such portion within the tepaWent period • +/ ! (4) An estimated schedule of annual payments for the stotages provided for present denand 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 a Payment schedules for the storage provided for future water supply demands will 4 /BUn / i 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, Major capital replacenent costs and resedimentation surveys costs+ The Iii:: :: : : :: : 1 ::: : i ; i}[][]1 ;i : : i : P !! e :: : Ii::iii::iE :y : ? ; ; iii : L :Foil i : y : iI; of joint use major capital replacement items at Aubrey Lake until such time as the;torage for future water supply is first used. As the storage provided tot ::::Fjt::Ie to::::1:l3:uK:’ cFI :Iiieb:frI::liZjn:ou;;yETio:d:: iE:lt:eth:ce- lmjor capital replacement costs of the specIfic water 8uPPIY faciIIties , will be increased cowensurate wIth the percentage of the tota1 watet suppIY stotage beIng used up to a total of 13.000 percent of such costs . The CitY will also be r;quited Io pay to the Government 10+155 +ercent. of the costs of sedimenta- tIon resurvey8 at Aubrey Lake untII such tIme as the 8tot8ge fot {utule Weter =L= E: ty t: : :i : 3 : o } s t:: e s : : ::: : : a t : = =1L : : Su : :: yEa : : : jshTEI Ehs ::Elite ; aT $ { : required to pay will be incre88ed comen9utate wIth the ptecentage of ,the total water supply storage beIng used UP to a total of 19.528 petcent of. such costs• ::B:::: E d s : : 1 :1t: : a::: e = t :h :: t :: e : :1: tls :leo = : ::iaea i :nEE : t PP :: Sha:: : : it ; : e the coLts within the tepaynent perIod. If Le Arurual operation and naintenance costs • nance costs of the specific water suppIY facilities , will be inc:tea Fee , co££nsurate with the percentage of the total water suppIY stotage beIng used 5 IUG Nsw UP to a total of 14.921 percent of such costs pected date that the Contracting Officer shall is complete and operational for the water ptovide the City an estimate of the first advance Davnent for naintenance costs . The first payment for operation and present use water supply storage in Aubrey Lake will be due and payable in advance withIn 90 daYS after the Contracting Officer notifies the aity thatthe Ptoject is coqpleted and operational for water supply putDoses , will be for the petiod beginning on the date the Project is operatIonal for water supplypuIposes and ending on 30 Septedber following, and will awlmt to the SIG- ol the fitst paWent for specific water supply facIlities costs and the first pay- ment foI jolat use costs. Annual payments, thereafter, for each Government fiscal Yeat ending 30 Septedber, will be due and payable in advance on 2 Januaryfollowing the close of the prior Goverrunenq fIscal year. Payment by the city and paWent adjustments bY the Government shall be in accordance with Exhibi1 A, I Twelve months prior to the notify the City that the Pr supply purpose, the Government s operation andmaiLntpnnnnn nnaFa IIf (2) When each and any portion of the future water supply storage is placed in use, the first paWent of the addItional auotmt of the joint use opetation and n8latenance 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 fot the period beginnIng oa the date of saId fIrst use and endIng on 30 September following. Annual paynelrts 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. a• aEgEAn o if the City shall fail to make any of the aforesaid payments when due, then the overdue payments sha11 bear interest compounded annually until palde The interest rate to be used for overdue pay-ments due under the provisions of Articles Sa, Sb , and Sc above shall be that detenrdaed 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 aalount charged on payments overdue for a period of less than one year shall be figured on a monthly basis , For example, if thepayment is made within the fIrst month after beIng overdue (31 to 60 days afterthe annIversary date of the date of notIfication) one mathIs Interest shall be chatgede This provisIon shall not be construed as givIng the City a choice of eIther uaklng payments when due or paying Interest, nor 8ha11 it be construedas waiving any other rights of the Goverument , at law or in equIty, which might result frou 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 Cityts combined Waterworks and Sanitary Sewer System remaining after paynent 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 Cityts Waterworks and Sanitary Sewer System Revenue Bonds now outstanding or those hereafter issued on a first IIen basIs or on such other basis as may be approved by the ContractIng Qf ficer, provided , that in the event such surplus revenues may become or are insufficient to ueet the payments 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 ;La 1:1[1[11 :: : s ali: : : 1[1[T= t :: : e : 1 :; q : : 1 : ::: : : ti: : ::: :: LEa :: : t = : o : : I= ; : : : : : i :: je : : placement costs shall be regarded as capital expenditures , ’ ‘ ARTICLE 6• Construction cost adjustments . All construction cost dollar :mou:ts in. this conttac!, Mbe Exhibits, are tentative only pased. on the Government 's best e8tiuate8 . They will be adjwted upward or diva_ WFtd bY the Coattacting Officer when fInal construction costs become known, and tIe contract will be wdified to reflect the adjustuents . WIthIn two year;aftet the Project is completed and operatIonal for water supply purp08b8 , the Conttactlng Officel 8ha11 Blake a revised InterIm estImated detellalnation of consttuctlOn costs , including interest dufing constructIon and takIng into account the actu81 costs to the extent they are then knowne in like mannersfutthet intetin deternlnatlons shall be made at two year Intervals untII all actual costs ate known, at which time the ContractIng Officer shall prepare afinal cost deterninatlon, includIng interest during construction. On each occasion of an interim determinatIon, or on fInal determination, the annual p8Wents thereafter due shall be changed so as to provide for the payment of the balance due in equal paynents during the .remaining life of the repayment period; and a revised schedule, or schedules as necessary, of annual paymentsshall be furnished to the City, ARTICLE 76 Duration of contract + This contract shall be effectIve when approved bY the Secretary of the Army and shall continue in full force and effectfor the life of Aubrey Lake and Lewlsvi11e Lake. Both Aubrey Lake and the addi- tiona1 storage to be made available in Lewjgvllle Lake have been formulated on the basis of 100 years economic life. ARTICLE 8. Peruaneat rights to storage. Upon completion of payments by the City as provided in Article 58 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.Ce 390e) , to the use of the water supply storage spaces in Aubrey Lake and Lewisvi11e Lake a8 provided in Article 1, subject to the followIng: a. The City shall continue payment of its share, as provided in Article Sc, of the annua1 operation and maintenance cost8 allocated to water supply, be 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 .0feet above mean sea level and 522 ,0 feet above mean sea level for Lewlsvl11e Lake of any necessary reconstruction, rehabilitation, or replacement of Aubrey Lake or Lewisvi11e Lake features which may be required to continue satisfactoryoperation of Aubrey Lake or LewIsville Lake, Such costs w111 be established by the Contracting Officer and repayment arrangements sha11 be in writIng in accordance wIth the terns 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 SahereIn, the Contracting Officer shall redetetmine the storage space for nunici- pal and industrial water supply in Aubrey Lake , takIng into account such equitable rea11ocatlon of lake storage capacIties among the purposes served 7 bY AUbteY Lake as may be necessary due to sedImentation, such findings s and the stotage space allocated to munIcipal and Industrial water supply, shai1 be de- fIned and described in an exhibit which will be nbade a part ot his contract + Following the same principle, such reallocation of lake storage capacIties may be futthet adju8ted from time to thEe as the result of sedImentation resurveysto reflect actua1 rates of 8edlaentatlon and the exhibit revIsed to show the‘ tevlsed storage space allocated to munIcIpal and industrial water supply. d• The penaanent rights of the City WIder this contract shall be continued so long as theGoverbl@at continues to operate Aubrey Lake and/or LewlsvilleLake• in the event the Governnent no longer operates Aubrey Lake or Lewisvi11e Lakes 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 faciIIty as is necessary for utilization of the water supply storage spaces allocated it ;10 (2)Terms which will protect the public interest; and (3) Effective absolveuent of the Government by the City from all IIability in connectIon with such continued operation, ARTICLE 90 Release of claIms , The City shall hold and save the Government , including its officers , agents , and employees , harule ss from liabIlity of anynature or kInd for or on accowlt of any claim for damages which may be fIled or asserted as a result of the storages in Aubrey Lake and/or Levisvi11e Lake, or wIthdrawal or release of water Iron or transfer of water to or from Aubrey Lakeor Lewisville Lake made or ordered by the City, or as a result of the construe tion, operation, or maintenance of the features and appurtenances owned and operated by the City, provIded, that this sha11 not be construed as obIIgating the City to hold and save the Government hannless from damages or IIabiIItyresulting fron 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 eKployees . ARTICLE 10, AssIgnment. The CIty shall not transfer or assign this con- tract or any rights acquired hereunder, noT sub-allot said water supply storagespaces or any part thereof , not grant any interest, privilege, or license whatsoever in connection with this contract , without the approval of the Secretary of the Army, ptovidedl 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 funUshed to my third party or parties , nor any method of allocation thereof . ARTICLE 11. Officials not to benefit,. No member of or delegate to Congtes s , or ResIdent Comissloner, sM be admItted to any share or part of this conttact or to any benefit that may arise heref rom; but this provisIon shall not be con-strued to extend to this contract if made with a corporation for its general benefit 8 // "'\. PF T s o :1B:b: : 1:: : 1 ! !: 8 : : :::; n: a : 8: :: : tel:: :: ; : ie : : :: : : in e :hE oC : : itS ? : : t : eEI: : no fhi? conttact upon agreenent or tndetstanding for a comds6ionp percentages broketagep Of contIngent fee exceptIng bona fide employees or iona fi;;"o-’ established coHmerci81 or selIIng- age;cies aulntain Li i;– ihi–c;;-fi;'- ihe ;!:: ;;=1:11 : : L ; E : :: 1 : :Y: t1:i: : i ;h t F : : ::: ::ht: : su: : : : : : :: Still iii :: : : : b :: ehits disctetion to add to the contract price or consIderation or ot.he={;e re_ F: let the full aRlount of such coMd6slon, percentage, brokerage, or contIngent I A§TICLE 13• Envitonnenta1 quality+ 'Duting any construction, operatIons and maIntenance bY the CitY of anY facilities , specific actions will be tak g A contfol enyitonnenta1 pollution whIch could result from such activity ald to canTIY wIth ?ppl}:able Fedetal, State, and local laws and regulatIons concerningeTvuonnental pollution• PartIcular attention should be given to (1) reduct.. loneof alt pollution bY conttol of burnIng, minimIzation of dust, contaiwent of Fhemical y:?ots9 and conttol of engine exhaust gases and smoke from temporary heaters; (2) reduction of water poilution by. control of sanitary facilii..Ie;:‘etolage of fuels and other contaminants, and control of turbidity and siltatioa from erosion; (3) minimIzation of noise levels; (4) onsite aId o}fsite disposal of smste and SPoil; and (5) prevention of landscape defacement and damage, I ( ARTICLE 14 .Federal and State laws , a• in acting under it8 rIghts and obIIgations hereunder, the city agrees tO COnwly wIth all applicable Federal and State laws ard regulatIons 9 inciudingbut not liuited to the provisIons of the Davis-Bacon Act (46 u.s.c. £76a et seqe ) ; 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. 2419 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 ISo Water conservatloae There is a strong Federal Interest in the efficient use of Federal projects, and this objective may be served by effectivenanageurent of the use of water from the system into which a Federal project isintegratedo Therefore, prior to the first use of storage space 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 supply is u8ed in an economically efficient and environmentally sensitIve manner , The plan shall contain a program for implenentatlon of specIfic time-phased measures . At not-to- exceed five-year intervals, the City and the Contracting Officer sha11 review and modify the plan as the results of the iraplenentation of neasures 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. 9 .\ / / '\b. Project investnent costs. The inItial cost of the Project, includlng:land acquisition; construction; interest during construction on the cost of land, labor, and materIals used for planning and construction of the Project, cB SpecIfic costs . The costs of Project features normally serving only one partIcular Project purpose. do Interest during constructIon. An amount of Interest which accrues on expenditures for the establishment of Project services durIng the period between the actual outlay and the time the Project is fIrst made avaIlable to the City for water storage, ARTICLE 17. Approval, This contract is subject to the written approval of the Secretary of the Array, and it shall not be binding until so apptovedB 10 IN WITNESS WHEREOF, the parties hereto have executed thIs contract as ofthe day and year fIrst above wrItten, APPROVED :THE UNITHD STAIrS OF A /.id -4/ Assistant Secretary of the Army (CW) Q(I I Panadino Colonel , CE Contracting Officer A \a\'GJDate \C N Date 16 SEP 1980 CITY OF DENTON9 THtAS : :T: = = t: 1L1:: ; : 9 T : : : : : : 111a[IE: S t 11aU: iTt ;hEe ! ! ! ! ; sEE : tH!in JeT ci:IooS iBS on 9this contract on bell;lf of the City ii–De;to:--was ttte§Pq£}or of--th;–Eity ofDenton, 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 City of Denton, Texas this S day md and the seal of saId 1980 Brooks Holt Secretary City of Denton, Texas CORPORATE SEAL !iT:=!;:=@T’'‘ 11 /r- -- \ \Contract No . DACW63-80-C-0104 AUBREY AND LEWISVILLE LAKES DUIBIT A 1 - LAKE STORAGES Aubrey Lake. Gross storage (acre-feet) Percent of gross storage Percent of water supply storageFeature Elevation (feet msI) Flood control Water supply(City of Dallas) (City of Denton) Totals 632 . 5-640 . S below 632 ,5 below 632.5 below 632.5 265 ,000 799 , 600 (591 , 700) (2071900) 1 ,064 , 600 24 . 892 75 . 108 (55 + 580) (19 . 528) 100 . 000 100 . 0 (74.0) (26.0) Levisvi11e Lake Feature Elevation (feet msl) Gross storage (1) (acre-feet) Percent Percent of of gross water supply storage (2) storage Flood control Water supply (CIty of Dallas) (City of Denton) Totals 522 . 0-532 . 0 515 + 0-522.0 515 .0-522 .0 515 . 0-522.0 336 , 100 177 ,600 (131 ,400) (46 , 200) 513, 700 (2) 65.427 34 . 573 (25 .579) (8.994) 100 + 000 100 e 0 (74 . 0) (26 . 0) (1) 1985 condItion,(2) Between elevations 515.0 and 532,0 feet nsl, II - PROJECT ESTIMATED CONSTRUCTION INVESTIDENT TO BE ALLOCATED Federa1 construction cost Nonreidbursable costs (una11ocable) (1) Project cost to be a11ocatedInterest during constructIon on allocable cost (2) Project construction investment to be allocated $211 , 234 , 000 9 p 826l000 $201 ,408 , 000 23 ,991 , 800 $225 , 399 , 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-Federa1 share of recreation 210%7 A-1 e I AUG 1 5 1980Ill - ALLOCATION OF ESTn(ATHD CONSTRUCTION nTVEsnmT (Separable costs - remaining benefits method) • e r Water supply Recreation ““== -X $ 23,784,000/ L (20 , 203 , 000) (3,581 ,000) 177 , 624 ,000 (175 ,905 ,000) (1 , 719 , 000 ) $201 , 408 , 000 1.SpecIfic facilities cost Aubrey Lake Lewisvi11e LakeJoint use fac11itie8 cost Aubrey LakeLewlsvl11e Lake Subtotal8 - cost Interest durIng construction Aubrey Lake $ 218 , 000 (218 , 000) (0) 125 , 629 , 000 (124 ,413 , 200) (1 1215 p 800) $125 , 847, 000 $23,566 ,000 (19 , 985 ,000) (3,581 , 000) 51 , 995 , 000 (51 , 491 , 800) (503 , 200) $75 ,561,000 2. 3. 18 , 147 , 100 (17 , 971 , 800) (175 1 300) 5 , 844 , 700 (5 ,437,400) (407 , 300) 23 , 991 , 800 (23 , 409 , 200) (582 , 600) 4. Lewisville Lake Total allocation- investment Aubrey LakeLewisvi11e Lake $143, 994 , 100 (142 , 603 , 000) (1 , 391 ,100) $ 81,405 ,700 (76 , 914 , 200) (4 , 491 ,500) $225 , 399 , 800 (219 , 517 , 200) (5 , 882 , 600) (1) Interest rate for water supply - 7,210% (fiscal year 1980) . Interest ratefor reImbursement for water supply storage will be set as of the beginning of the Government fisca1 year in which construction of the Project is started, (2) Investment cost to be repaid by: City of Dallas - 742 Present water supply Future water supply City of Denton - 262 Present water supply Future water supply Totals Levisvi11e Lake $1,029 , 400 (1 , 029 , 400) (0) 361 , 700 ( 361 , 700) lg) $1 , 391 , 100 Aubrey Lake Totals $105 ,526,300 $106 ,555 ,700 (54,873,700) (55,903,100) (50,652,600) (50,652,600) 37 ,076 , 700 37 ,438 ,400 (19,279,900) (19,641,600) (17,796,800) (1717961800) $142,603,000 $143,994 ,100 TV - ALLOCATION OF ESTIMATm OPERATION AND MAINTENANCE COSTS Aubrey Lake A, Allocation of estimated tota1 annual costs : Water 8upply $ 70,400 Recreation Total 1, Specific cost 2, Distribution of joint uae cost (percent)3, Allocated joInt use cost4. Total allocation $642,000 $ 712 , 400 57 . 39 102 ,100 $172 ,500 42.61 75 t 800 $ 717 , 800 100 + 00 1777900 $890 , 300 To be paid by the City of Denton : 26% of specIfic cost for water supply 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/9 storage (0.48 x 0.26 x 0.5739 x $177 ,900)Total 18 , 300 13 , 800 12l700 $ 44,800 A- 2 -\ \B+ Annual payment adjustment : Payment for the City of Denton is 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 fisca1 year . For present use water supply storage, the first payment for such costs wIll be estimated based on the Contracting Officerts annual estlnates therefor, prorated as necessary for a partIal year of Project operation, Each annual payneat thereafter will include (1) an advance payment for the currentfiscal year, estimated based on the actual operation and maIntenancecosts incurred for the preceding fiscal year (except as noted for particular conditions) , and (2) an amount (plus or mInus) to adjust the estiInated advance payueat for the preceding fiscal year for the actual costs incurred for such preceding fIscal year, For future use water supply storage, a11 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 payueat wIll be ptorated 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 theestimated advance payment for the preceding fIscal year for the actual costs Incurred for such precedIng fIscal years A-3 r V - ALLOCATION OF ESTIMATED MAJOR CAPITAL REPLACEUBNTS COSTS AND SEDIMENTATION RESURVWS COSTS A+ Major capital teplacenents costs : (1) Aubrey Lake Water supply Recreation Total lo Specific cost $21,900 2+ DIstrIbution of joint use cost (percent) 50,00 3e Allocated joint use cost 7l10049 Total allocation $29,M $133 ,00050.00 7 p 100 $140 , 100 $154 , 900 100 . 00 14 , 200 $169 ,100 To be paid by the City of Denton: 26% of specific cost for water supply facilitIes Aubrey Lake joint use cost : Present use w/s storage (0,52 x 0,26 x 0,5000 x $14 ,200) Future use w/s storage (0©48 x 0.26 x 0,5000 x $14,200) (2)Total 5 ,700 1 , 000 900 $ 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 amwt8 of joint use cost required to be paId as future water supply storage is used wi11 be conputed as follows : Percent of future w/s stotage p+:Red in use x 0.48 x 0.13000 x actua1 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 Sc(3) are based on the percentage of the gross storage in Aubrey Lake represented by the storage rIght of the City - see section 1 of this Exhibit A, Present use water supply storage = 0.52 x 19,528% = 10.155% Percent of future w/s Future use water supply storage = stotage pigBed in use x 9.373% A-4 AUS 1 s 1330 VI - CO}@UTATIONS FOR ANNUAL PAYWNTS FOR EHTEREST ANDAMORTIZATIO Present use water supply storage: AIID Int to be amttlzed: Lewisvi11e Lake $ 1,391,100 x 0826 Aubrey Lake $142,603,000 x 0.26 x 0,52Total $ 361,700 19 1 279 ,900 $19 , 641 , 600 Based on 50 equal paynent8 , 49 of whIch bear Interest on the Impala balance at the rate of 7, 210 percent, P = (A - P) (1 + c) Where : P = annual payment P = (A - P) (n0745602419P) A = amormt to be repaId = $19,641,600 P = +0745602419A - 0o0745602419P i = interest rate = 7,210Z 1.0745602419P = 0.0745692419A (i+c) = Interest rate plus mrtlzatioa p = 90745602419($19,641,600) coeffIcIent for 49 years = 0,0745602419' 1.0745602419 P = $1,362,866.77 A= 5 E]UIBIT B f - INT + i a+ PAYMENT TO INTEREST PAYMENT TO PRINCIPAL TOTAL PAYMENT BALANCE DUE 1 2 3 4 5 6 7 8 9 10It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 O + OO 1317896 + 67 1314654 + 32 1311178 + 20 1307451 , 46 13(>3456 + Ol 1299172 + 50 1294580 + 14 1289656 , 68 1284378 + 23 1278719 + 20 1272652 + 16 1266147 + 69 1259174 + 25 1251698 + Ol 1 243682 + 75 1 235089 + 58 1225876 + 84 1215999 + 87 1205410 + 77 1194058 + 19 1181887 + 09 1168838 + 46 t 154849 + Ol 1139850 + 93 1123771 + 49 1 :106532 + 72 I 08805 1 + Q4 I0682:36 + 82 1046994 +OO 1024219 + 58 999803 + 1 1 973626 + 22 945561 + 98 915474 + 31 883217 + 3 :1 848634 + 58 811558 + 44 771809 + 1 1 729193 + 85 683506 + Q4 634524 + 13 S820 IO + 62 52571 O+90 465351 + 96 40064 1 + 14 3:31264 + 67 256886 + 16 177144 + 96 91654 + 42 1 362866 , 77 44970 + tO 48212 + 45 51688 + 57 55415 + 31 59410 + 76 63694 + 27 68286 + 63 73210 + Q9 78488 + 54 84147 + 57 90214 + 61 96719 + 08 IO:3692 + 52 111168 + 76 119184 +02 127777 + 19 136989 , 93 146B66+90 157456 + 00 168808 + 58 180979 + 68 194028 + 31 208017 + 76 223015, 84 239095 + 28 256334 + OS 274815 + 73 294629 + 95 315872 + 77 338647 + 19 36:3063 + 66 389240 + 55 417304 + 79 447392 + 46 479649 + 46 514232 + 19 551308 + 33 591 C>57 + 66 633672 + 92 679360 + 73 728342 + 64 780B56 + 1 S 837155 + 87 897514 + 81 962225 + 63 I03 1602 + IO ll0598C> + 61 1185721 + 81 1271212 + 42 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1:362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 77 1362866 + 84 19641600 , 00 18278733 + 23 18233763 + 13 18185550 + 68 18133862 , 11 18078446 , 80 18019036 , 04 17955341 , 77 17887055 , 14 17813845 , 05 17735356 + 51 17651208 + 94 1 7560994 + 33 17464275 + 25 173605B2 + 73 17249413 + 97 17 IBC>229 + 95 17002452 , 76 16865462 + 83 16718595 , 93 16561139 + 93 16392331 + 35 16211351 , 67 16017323 , 36 15809305 + 60 15586289 + 76 153471 94 + 48 15090860 + 43 14816044 , 70 14521414 + 75 14205541 , 98 :13866894 + 79 135038:31 + 13 131 1459C) + 58 12697285 + 79 12249893 + 33 11770243 + 87 1125601 1 + 68 I0704703 + 35 IOI 13645 + 69 9479972 + 77 8800612 + Q4 8072269 + 40 7291413 + 25 6454257 + 38 5556742 + 57 4594516 + 94 3562914 + 84 2456934 + 23 1271212 + 42 O + OO / 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 B-1 Contract No , DACW63-80-C-0104 AUBREY AND LEWISVILLE LAKES EXHIBIT C ASSURANCE OF COMPLIANCE WITH THE DHPARTMENT OF DEFWSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The City of Denton, Denton County, Texas (hereinafter called 11Applicant- Recipient") HEREBY AGREES THAT it will comply with tItle VI of the CIvII RIghts Act of 1964 (PubIIc 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 VIof that Act and the Directive, no person in the United States shall, on the growrd of race , color, or national origin be excluded from partIcipation in, be denied the benefits of , or be otherwise subjected to discrimination WIder, any program or actIvity for which the Applicant-RecipIent receIves Federal financIal assistance from the U, S, Arny Corps of EngIneers and HEREBY GIVES ASSURANCE THAT it will hzuediately take any measures necessary to effectuate this agreement . If any real property or structure thereon is provided or illjproved with theaid 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 Ofpossession of the property. In all other ca8e8 , this assurance shall bbllgate the Applicant-Recipient for the period during which the Fedeta1 financial assistance is extended to it by the U+ S. AnU ColPS of Engineels • THIS ASSURANCE is given in consideration of and for the purpose of obtainIng any and all Federal grants I loans , contractS , propettY9 discounts 9or other Federal financial assistance extended after the date heFeof to the Applicant-Recipient by the Department , including installment paWents af tet such date on account of arrangenents for Federal financial assistance which were approved before such date. ILe Applicant-Recipient recognizes and agrees that such Federa1 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 theApplicant-Recipient , its 6uccessors , traasferees , and 86$ignees ; and the person or persons whose signatures appear below are authorized to sIgn this assurance on behalf of the Applicant-Recipient . THE CITY OF DmiTON, TWAS sIdES mnob ATTEST : r foRt Hilt Secretary City of Denton, Texas Contract No . DACW63-80-C-0104 AUBREY AND LEWISVILLE LAKES E]UIBIT D OPINION OF COUNSEL I have reviewed and approved contract nu=lbet 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-Sb) and an of the opinion that the City of Denton, Texas has the requisite legal authority to enter Into and couply with this agreeaent as required by the aforementioned statute, 5Dated]ig q Hal\al AttorneyCity CIty of Denton, Texas D-1 rr-"'-'=.I H/ EXHIBIT F STANDING INSTRUCTIONS TO PROJECT HANAGER IEWISVII£E IAKE 1 M 1 a ++1 Ins a b / E)aiIBIT F STANDING INSTRUCTIONS TO PROJECT MANAGERIEWISVII£B LAnE T CIO !TEIILS PARAGRAPH TITIE PAGE I - GENERAL 1 tructions Regulation instructionsData reporting instructions c , Reporting unusual events d , Warnings e , Frequency of gate changes F-1 P n 1 F W 1 F = 2 IB = 2 F = 2 II - REGUIATION PROCEDURES 1 2 Nornal Regulation Procedures BInergency Regulationsa, During communIcations outage b , During energency events F M 3 F = 3 F = 3 F = 3 TABIB INDEX TITIBTABIE F-1 PAGE FI n 4 Ehnergency Flood Control Regulation Schedule b E}aIIBIT F STANDING INSTRUCTIONS TO PROJECT MANAGER IJEWISVII£E LAKE I o GENERAL 1, Instructions , Detailed instructions to the projectpersonnel at Inwisville Inke are presented below: a . Regulation instructions . During flood periods , thelake will be regulated in accordance with the normalregulations for flood control as directed in Chapter 7 of thisnanua1 or paragraph 2 of this exhiblto Instructions for thestorage and discharge of floodwater will be issued by theReservoir Control Section. In the event of connunication6 with the Forth Worth District Office are disrupted, the lakewill be regulated in accordance with the schedule of mergurcyregulations for flood control (see Chapter 7 of thIs manual orparagraph 3 of thIs exhibIt) e. In addition, the ProjectManager will Innediately make every effort to reestablishconrnunications with the Fort Worth District Off ieee b, Data reporting instructIons. Daily lake data (exarapleon plate 5-6) will be 6ubnittled to the Reservoir ControlSection , Hydrology-Hydraulics Branch , District Office (telephone (817) 334-2214 or facsinile (817) 334-2176; or VHF-FM radio, call signal WUI-6) , The Reservoir Control Sectionis nanned fran 7 : 45 a,m, to 4,45 p,no daily and 7:30 a,m, to11: 30 a.n. on weekends and holidays (except Christnas Day) .In the event that unusual conditions arise during nonvorking hours, one of the persons listed on page i of this nanua1should be contacted. The following data should be included inthe daily report. ./ r (1) e As of 8 a.n. NwIIber of conduit gates open, withthe height of openings ; opening in degrees of the low flowgates ; and precipitation in inches for the past 24 hours (8 a.ne to 8 a.n. ) , (2) , Each gate operation, Date and tille of gateoperation, nrnnber and anount of gate openings before and after operation , (3) . During flood periods. In addition tosubparagraphs (1) and (2) above, reports as specified byReservoir Control Section. J /f- ((4) , Rainfall reports a made as follows : Rainfall reports shall be (a) , At 8 anne all precipitation that hasoccurred during the preceding 24 hours, 8 aonB to 8 a,n, (b) , Report at once the occurrence of 2 , 00 inchesor more of precipitation that occurs during a period of 6hours or less, During nonworking hours, the report should be made to one of the persons listed on page i, c, LeLo£r Events or conditions notnormally encountered in the routine operation of the dam and lake which might endanger the dam or necessitate tenporary orpermanent revision of the Qperating procedures such as settlenent, novenent:, or cracking of the earth eMbankment or abutnents ; unusual change in seepage rates or development ofnew seepage areas ; mechanical naI function or failure ; structural 6ettlenent novment, cracking, or vibrations ; landslides , rockslides, or indication of an inI>endingnovenent ; or an occurrence indicating any degree of jeopardyto the safety of the dan or to the safety of the public shallbe reported promptly to the Reservoir Control Section, Hydrology-Hydraulics Branch a I L do Warnings. It is the responsibility of the ProjectManager and the proj ect personnel authorized to nake gatechanges ; to maintain a list in current status of residents , and/or property , which would be endangered or inconveniencedby large and/or prolonged releases ; and to give adequate warning of such inF>endIng releases . NotificatIon wIll be madeby whatever means are available, This includes radio,televIsIon, telephone, cItIzen band radio, use of lawenforcenent , and Civil Defense agencies and theirconmunication 6ysten, National Guard and Reserve Units,supplemented by oral warning from Corps’ enployee6 inGoverrunent vehicles. IN every case, when a change in releaserate is nade, a warning horn is blown to notify peopledownstream within hearing distance, ee Frequency of gate changes . During flood period, gatechanges are to be directed by the Reservoir Control Section atany time. When the floodwaters have significantly risen intothe flood control pool , gate changes nay occur every halfhour+ Only under the nest unusual clrcunstances wIll gate changes be ordered nore frequently than once every half hour .Frequency of gate changes during low flow operation willgenerally be less than once a day. F W 2 b t/’'- i \\II . REGULATION PROCEDURE$ Normal Regulation Procedures , Under nornal procedures ,instruction for storage and release of water for conservationand flood control will be issued by the District OfficeReservoir Control Section. The inplenentatlon of theinstructions are to be confirmed back to the Reservoir Control Section as soon as the required action is coupletled,Instructions originating fron any other source should not be processed , 2 . Ernerqencv Regulations , a, During comunications outage, When comunioation with the Fort Worth District Office is disIupted, the ProjectManager will, on his own initiative, direct regulation of thelake in accordance with the following schedule until comunioation is restored. In addition , the Project Managerwill make every effort to reestablish communication with theFort Worth District Off ieee The conduit gates shall beoperated at a uniforn opening, (See Table F-1) , The Pro j ect Manager nayBIq e B tenDorarilv deviate fron the current release rates in the event an innediate short tern departure is deemed necessaryfor mergenay reasons to protect the safety of the dan, or toavoid serious hazards to life. Such actions shall be immedIately reported by the fastest nean6 of connunicationavailable, Actions shall be confirmed in writIng the sane dayto the Reservoir Control SectIon and shall Include justifIcation for the act:Iono Continuation of the devIationwill require the express approval of the Reservoir ControlSection F-3 + A (--TABIE F-1 EMERGENCY REGULATION - IJBWISVILIE DAM IAKE STAGE POOL CONDITIONS HOBAm A , BelowElevation 522 oO RisingStandingor Falling Continue the releases tron the conservation pool aspreviously instructed by theDistrict Office, Bv lake level between elevation 522 e O and 532 e O RisingStandingor FaIling Maintain releases in effectat the time comunicatlons was losto The Project Man-ager will initiate gate closing operations as soonas one of the following conditions occurs : (1 ) should the Project Managerhave knowledge of pendingflood condition on the BIn Fork below the project; or(2) two or more inches ofrain has been recorded at the dan in a two hour periodor less; or (3) six hoursof time has elapsed afterloosing communications, f/' f \ \ C + Above elevation 532 oO Rising Standingor Falling Close gates , and leaveclosed until comunications have been restored withDistrict Office in Fort Worth + NOTE : Gate changes are linitled to a naxinun rate of half afoot per half hour, Once the gates have been closed, theywill remain closed until comunlcations has been restored withthe DIstrict Office. F W 4 SUPPL .ENTAL AGREWENT NO . POOOOI TO CONTRACT NO. DACW63-80-C-0104 (THE CITY OF DENTON AND THE CORPS OF ENGINEERS DATED 15 AUGUST 1980) THIS SUPPLm@NTAL ACREnaNT, ,.t,,,d i.t, thi, Ifa d,y ,£ MaH 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 fo11ows : 1, Contract ARTICLE 15, Water Conservation, is deleted in its entirety. 2. A11 other terms and conditions of the original contract shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this supplemental agreementas of the day and year first above written. _UNITED STA'ICA B 1lh 7;iT?a;To3 Colonel Contracting Officer Charlotte Allen I, xxw6xKaw certify that I am the City Secretary of the City of Denton, Denton County, Texas , named as City herein; that Richard O. 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 lega1 powers . IN WITNESS WHEREOF, I have hereunto affIxed my hand and the seal of said City of Denton, Texas this lst day of ADTi 1 , 1982 . CORPORATE SEAL EXHIBIT “2“ SiT Q) 4th It,1a DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P. 0. BOX 17300 FORT WORTH, TEXAS 76102-0300 July 27, 2020 Mr. Frank Pugsley City of Denton Water Production Department 1701-B Spencer Rd. Denton, Texas 76205 Dear Mr. Pugsley: Please find enclosed your 3rd Quarter FY21 Operations & Maintenance (O&M) and Major Capital Repair (MCR), also known as Repair, Replacement, & Rehabilitation (RR&R) Financial Status Report for all applicable water storage costs. Your O&M expenditures are based on the approved FY20 President’s Budget which is listed in column (1). The billing estimate listed in column (2) is based on the FY20 expenditures multiplied by the O&M cost share percentage shown in your Water Supply Agreements. The RR&R estimates listed in column (3) are the lump sum payment estimates for Lewisville Dam Major Rehabilitation Construction efforts. Terms of the RR&R cost share percentages and eligible payment terms were outlined in the “City of Denton DS RR&R Cost Share” memorandum dated January 14, 2020. Columns (4) through (6) list expenditures through the 3rd quarter, remaining percent to be expended, and the estimated carryover of FY20 expenditures. After calculating remaining funds to be expended, we anticipate some late 4th quarter contract awards which will delay expenditures and carry funds forward, adding to your FY22 Water Supply estimates. We anticipate having your final estimate and exact amount of carryover funds after the second week of October 2020. 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. Sincerely , Kab£hCMla Kathleen M. Spillane Chief, Civil Project Management Branch Enclosures CITY OF DENTON: LEWISVILLE LAKE WATER SUPPLY CONTRACT: DA-41-443-CIVENG-1098 Ql Q2 Q3 Excludable Joint Costs FLOOD DAMAGE REDUcrioN Operation of Structures for (FDR) Studies & Surveys: Non-Navigation Dam Safety: Engineering Analysis for FDR Formal Periodic Inspections & Reports DS Water Management (Control & Quality) Water Management (Control/Quality) Ops Real Estate Manage Comply/Utilization Enviromental Compliance Manage FRM Pest and Invasive Species Management Cultural Resource Manage/Curation FRM Facility Security Assessments for FDR Facility Security Guards/Monitor Activities Environmental Stewardship Recreation Water Supply Total Operations Expense 602XX 60210 60221 60231 60232 60241 60242 60250 60260 60263 60264 60291 60292 604XX 605XX 608XX $ $ $ $ $ $ $ $ 346,691.93 $ $ $ $ $ $ $ $ 123,638.79 258,077.62 $ $ $ $ $ $ $ S 728,408.34 9,968.313,322.13 (0.66) 31,923.06 44,802.27 67,836.33 19,431.44 32,721.88 (0.66) 120,346.16 66,003.01 47,667.58 20,721.34 59,825.53 40,755.52 479.40 63,176.93 $ 190,838.79 1,223.99 77.7048.25 80.80 $ 206.75 $ $ $ $ $ 4,686.15 $ 952,371.63 Joint Costs 185,630.02 233,061.79 1,451.43 914,766.55 Ql 279,675.29 288,520.01 237.32 830,334.97 Q2 166,891.92 346,171.13 2,997.40 899,283.05 Q3 $ 632,197.23 $ 867,752.93 $ 1,690,788.95 Excludable FLOOD DAMAGE REDUCTION Maint of O&M-funded Structures FDR Real Estate-Land Acquisition/Disposal DS Remediation of Deficiencies FDR Maint of Mitigation Activities for FRM Facility Security Physical Improve FDR Facility Security Maint/Replace FDR Facility Security Physical Improve FDR Environmental Stewardship Maintenance of Recreation Facilities Total Maintenance Expense Quarterly Total O&M Expence Total O&M Expense 612XX 61211 61230 61251 61261 61290 61291 61292 614XX 615XX $ 425,950.33 S - $ - $ - $ 892,920.65 $1,043,143.23 S -$ $ -$ S -$ $ 2,362,014.21 $ $ $ 0 $ 21,611.40 $ 7,262.24 $ - $ 88,672.33 $ 543,496.30 $ 1,458,262.85 $ 19,291.50 $ 17,422.20 $ 1,907.04 $ 569.16 $ 46,139.20 $ 47,362.53 $ 93,501.73 $ - $ - $ 88,672.33 $ 960,258.39 S1,108,497.12 $ 182,174.06 $1,790,593.36 $2,007,780.17 $ 1,790,593.36 $ 1,872,963.01 Estimated Year to Date Total: $ 58,325.10 $ 9,738.44 $ 2,430,077.75 $3,382,449.38 $ 33,824.491.000% * CITY OF DENTON: RAY ROBERTS LAKE WATER SUPPLY CONTRACT: DACW63-80-C-0104 Ql Q2 Q3 Exdudable Joint Costs FLOOD DAMAGE REDUcrioN Operation of Structures for (FDR) Studies & Surveys: Non-Navigation Dam Safety: Engineering Analysis for FDR Formal Periodic Inspections & Reports DS Water Management (Control & Quality) Water Management (Control/Quality) Ops Real Estate Manage Comply/Utilization Enviromental Compliance Manage FRM Pest and Invasive Species Management Cultural Resource Manage/Curation FRM Facility Security Assessments for FDR Facility Security Guards/Monitor Activities Environmental Stewardship Recreation Water Supply Total Operations Expense 602XX 60210 60221 60231 60232 60241 60242 60250 60260 60263 60264 60291 60292 604XX 605XX 608XX 340,229.07 212,427.34 179,513.89 $ $ $ $ $ $ $22,637.98 $ $ $ $ $ $85,016.82 58,155.15$ $ $ 165,809.95 Excludabte $ $ $ $ $ $ 732,170.30 3,115.90 3,990.59 37,539.18 17,383.45 9,809.63 3,040.06 40,291.27 36,267.50 47,966.96 6,566.48 6,626.42 23,137.32 31,288.97 20,392.57 6,261.87 2,314.24 12,782.38 67,419.18 105,095.65 85,742.98 $ $ $ $ $ $ $ $ 1,892.51 $ 1,013,344.78 Joint Costs 2,314.24 10.18 16.40 15.60 5,885.36 42.18 5,885.36 19,062.55 11, 150.70 1,008.24 443,299.49 Ql 28,785.65 6,384.91 884.27 382,630.84 Q2 37,168.62 40,619.54 353,224.40 Q3 FLOOD DAMAGE REDUCTION Maint of O&M-funded Structures FDR Real Estate-Land Acquisition/Disposal DS Remediation of Deficiencies FDR Maint of Mitigation Activities for FRM Facility Security Physical Improve FDR Facility Security Matnt/Replace FDR Facility Security Physical Improve FDR Environmental Stewardship Maintenance of Recreation Facilities Total Maintenance Expense Quarterly Total O&M Expence Total O&M Expense 612XX 61211 61230 61251 61261 61290 61291 61292 614XX 615XX 74,609.55 110,625.31 2,856.61 77,000.00 12,688.04 $ 4,493.10 S - $ 20,037.75 3,708.796,005.40 86,714.19 86,714.1979,856.61 523#j56gj0 93,302.99 475,933.83 44,217.65 397,442.05 130,663.06 $ 252,524.14 S1,144,o07.84 Estimated Year to Date Total: $ 88,763.577,759% +