22-1728DocuSign Envelope ID: 67B93B33-8763412D-B532-BOD50BB73792
ORDINANCE NO. 22-1728
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITYMANAGER OR DESIGNEE TO FULFILL THE RESPONSIBILITIES OF THE CITY THEWATER STORAGE IN LAKE LEWISVILLE AND LAKE RAY ROBERTS FOR THE
ANNUAL MAJOR CAPITAL REPAIR (MCR) AND OPERATIONS AND MAINTENANCEPURSUANT TO 43 U.S.C. 390B FOR THE ANNUAL OPERATION, MAINTENANCE, AND
REPLACEMENT COST FEE (ACOE Fee); INCLUDING PAYING ANY AMOUNTSREQUIRED BY THE UNITED STATES ARMY CORPS OF ENGINEERS (ACOE) ANDFUNDED IN THE ANNUAL BUDGET; DECLARING AN EFFECTIVE DATE.
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. 390b. (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 theCity to the U.S. Government, Army Corps of Engineers and therefore the City of Denton is
required to pay; and
WHEREAS, City budgets annually for costs and fees associated with the obligations setforth in the ACOE Fee; and
WHEREAS, the City Manager recommends that the City Council approve and authorize
the payment of these required fees to continue operation of water storage in Lake Lewisville and
Lake Ray Roberts; and
WHEREAS, the City Council has determined that it is in the public interest to authorize
the City Manager to make payments required for the annual ACOE Fee Pursuant to 43 U.S.C.
390b; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The recitals contained in the preamble of this ordinance are true and correct
and are incorporated herein by reference as findings of the City Council,
SECTION 2. The City Council approves and authorizes the City Manager or designee
to make payments for the required annual ACOE Fee where funds are available in the budget
without further authority, guidance, or direction from the City Council, and is further authorized
to carry out the rights, duties, obligations, and responsibilities of the City under ACOE Fee upon
receipt of the annual invoice.
SECTION 3. The City Council approves and authorizes the City Manager, or designee, to
take such additional actions as the City Manager or designee determines to be necessary and
advisable to continue to effectuate the purpose, terms and conditions of the ACOE Fee.
SECTION 4 This ordinance shall become effective immediately upon its passage and
DocuSign Envelope ID: EID706E5-FC8F4CCC-A2FA-F18F317BDF55
approval
„cond,Hy'-otio@H\'“UUi"ance "a;
the following vote [ b - U:Aye
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made by
the ordinance was passed9 Id approved by
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee,At Large Place 5 :
Chris Watts, At LargePlace 6:
PASSED AND APPROVED this the ltS+\ day
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of 2021
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GEI IT)'SO
ATTEST:
ROSA RIOS, CITY SECRETARY At\111111
JasVanVaaWb
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APPROVED AS TO LEGAL FORM:
rAUl} CITY ATTORNEY