2001-083 O r CENO
TEXAS PERT , TO CONSTR CTION, ST ATION, COS
THE~FOR, ~ PROVID~G AN EFFECTIVE DATE
THE CO~CIL OF THE CITY OF DENTON HE'BY O~A~S
I SECTION 1 That the Mayor, or in her absence the Mayor Pro Tem, ~s hereby
au~onzed to execute, on behalf of ~e ClW, ~ Interlocal Cooperation A~eement
be~een ~e C~ty of Denton, Texas ~d the C~ of ~le, Texas for the cons~ct~on,
installation, md cost p~m~pat~on of the ~avey~d Brach Gravay Flow Wastewater
Mmn, subst~tmlly m accordmce w~th the Interlocal Cooperation A~eement which is
attached hereto ~d ~nco~orated by reference here~n
SEC~ That the expen&t~e of f~ds as set fo~ ~n the Interlocal
Cooperation A~eement ~s hereby authorized
SECTION 3 That th~s ordmmce shall become effective ~edmtely upon ~ts
passage ~d approval
PASSED ~ ~PROVED th~s the ;~day of ,~~ , 2001
E~ BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
S \Our Do cumentlt\Ordln ance s\OO\Interlocal ASrmt'Clty of Argyle Graveyard Branch WW L~ne doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTER.LOCAL COOPERATION AGREEMENT BY AND BETWEEN TIlE CITY OF
DENTON~ TEXAS AND TIlE CITY OF ARGYLE~ TEXAS PERTAINING TO TIlE
CONSTRUCTIONs INSTALLATION~ AND COST PARTICIPATION OF TIlE
GRAVEYARD BRANCIl GRAVITY FLOW WASTEWATER MAIN
TIlIS AGREEMENT Is made and entered into by and between the City of Denton,
Texas, a Texas mumcipal corporation (hereafter "Denton"), whose pnnclpal offices are located
at 215 East McKanney Avenue, Denton, Texas 76201, and the City of Argyle, Texas, a Texas
mtmlclpal corporation (hereafter "Argyle"), whose pnnclpal offices are located at 506 Highway
377 North, Argyle, Texas 76226, each organized and existing under the laws of the State of
Texas, and acting by and through the anthonty of their respective govermng bodies and officials,
and
WIlEREAS~ Denton and Argyle are local governmental entities, both of whom have the
authority to perform the actlvitaes set forth in this Agreement individually, and who mutually
desire to enter into an lnterlocal cooperation agreement, as provided for in Chapter 791 of the
Texas Government Code (Vernon 1994) m order to maximize the benefits to the citizens of
Denton and Argyle to be derived from each taxpayer and/or ratepayer dollar expended, and
WItEREAS, Denton has planned, and intends to construct and install a wastewater
transmission line that is located m Denton and Argyle, in Denton County, Texas, in order to
provide wastewater infrastructure to existing and future developments, and this ProJect is called
the "Graveyard Branch Wastewater Man Project (hereafter the "Project"), and wi'ach Project
shall extend generally along the Graveyard Branch channel alignment from Crawford Road m
Argyle to Denton's Hickory Creek Wastewater Interceptor, and
WItEREAS~ Denton and Argyle, each m accordance with its respective ordinances,
desire to jointly implement the ProJect and jointly participate in the cost of constructing and
installing the Project, for the purpose of providing facilities to adequately receive, transport,
treat, and dispose ofwastewater, and
WIIEREAS, Denton has been and is willing to accept the responslblhty of providing
improved wastewater treatment and services to entities located outside of its corporate limits to
protect water quality and develop reuse potential, and Denton and Argyle intend to enter into a
separate contract entitled "Wholesale Wastewater Treatment Services Contract Between the City
of Denton, Texas and the Cxty of Argyle" (hereafter the "Contract"), wherein Argyle desires to
obtain wastewater treatment service on behalf of its customers, and Denton shall provide Argyle
with regional wastewater treatment service on a wholesale basis, and
WIIEREAS, Denton and Argyle desire to pool their respective financial resources to
avoid unnecessary or duplicltous costs and expenses, intend to coordinate the collection,
treatment, and reclamation of wastewater, and intend to attain mutual advantage and benefit by
achieving economies of scale, resulting m savmgs to the taxpayers and ratepayers of Denton and
Argyle, and
WHEREAS, Denton and Argyle, by this Interlocal Cooperation Agreement (hereafter
the "Agreement") express their mutual tmderstandmg that the relationship to be created by
implementation of Agreement is that of two local governmental entitles shanng the cost
participation of the ProJect, and there is a valid governmental purpose served by this Agreement
by Denton and Argyle to prowde for construction and installation of the ProJect, and
WHEREAS, Denton and Argyle represent that all payments made in connection with
governmental funettons provided for by this Agreement, shall be made from revenues available
to Argyle m accordance with the provisions of Section 791 01 l(d)(3) of the Texas Government
Code, and that the payments received by Denton hereunder are adequate and fmrly compensate
Denton for the services, functions, or activities performed, in accordance with the prowslons of
Section 791 01 l(e) of the Texas Government Code, and
WHEREAS, the Interlocal Cooperation Act, now contained m Chapter 791 of the Texas
Government Code (Vernon 1994), authorizes Denton and Argyle to enter Into tl~s Agreement for
the purpose of achieving the governmental functtons and provldmg the services, functions, or
activities represented by ttas collective, cooperative undertaking, and
NOW, THEREFORE, Denton and Argyle, for and m consideration of the prem,ses and
the mutual promises and covenants set forth m this Interlocal Cooperation Agreement, and
pursuant to the authority granted by the respective governing bodies of each of the parties hereto,
m accordance with Section 791 01 l(d)(1) of the Texas Government Code, do hereby AGREE as
follows
I
ADOPTION OF PREAMBLE
All matters and recitations stated in the preamble of thru Agreement are true and correct and are
hereby Incorporated by reference into the provisions of this Agreement for all purposes pertinent
II
DEFINITION OF TERMS
In addmon to the defimtlons stated m the preamble hereof, the terms and expressions as
hereinafter used in this Agreement, unless the context clearly mdlcates otherwise, shall have the
following meamngs
(a) "Average Day Wastewater Flow" means the dally average flow rate computed by
chvldmg the total quanmy of wastewater flow generated over a calendar year by
365 days per year
(b) "Project" means the Graveyard Branch Wastewater Main Project
(e) "Bonds" as used herein, means the issuance of debt, including pnnclpal and
interest, by Denton for the purpose of financing the Project
(d) "Interest Factor" as used hereto, means the rate utilized herein which consists of
Danton's average interest cost prod to retire the ~ssuance of debt pertmmng to the
ProJect
(e) "Force Mmn Project" means an existing Argyle-owned slx (6)qnch diameter
plpehne that can transport wastewater under pressure from Argyle to Denton's
Hickory Creek Wastewater Interceptor For purposes of thru Agreement, the
Force Main Project has a capacity of 560 L~wng Umt Equivalents
(f) "LUE" means hwng umt equivalent On a dally average basis, one (1) LUE
generates 320 gallons per day (GPD) of wastewater flow
(g) "Max~mmn Day Flow Rate" means the expected maximum wastewater quantity
generated over a 24-hour day For purposes of this Agreement, the maximum day
flow rate equals to the average day flow rate t~mes two (2)
(h) "Peak Hourly Flow Rate" means the expected maximum wastewater quantity that
could occur ~n any given 60-m~nute penod For purposes of th~s Agreement, the
peak hourly flow rate equals to the average day flow t~mes four (4)
0) "ProJect Costs" means all capital, construction, planning, eng~neenng, surveying,
easement/right-of-way acquisition, financing, and other typical costs assocmted
w~th the ~mplementatlon of the Project, including without hmltatlon, the bond
issuance costs, bond insurance premiums, underwnter's d~scount, and deposits to
the deposit reserve fund
O) "Parties" means Denton and Argyle referred to collectively
(k) "SFE" means single-family equivalent, for purposes of this Agreement "SFE"
means the same as "LUE"
III
TERMS AND PROVISIONS OF THE AGREEMENT
1 Denton shall design, install, and construct the ProJect which includes, but is not
hmlted to, approxunately 20,000 linear feet of 15qnch, 21-1nch, 24qnch, 30-1nch, and 36qnch
diameter sewer p~pe, along with all necessary appurtenances thereto (including, without
hm~tation, metenng station, manholes, etc ), as generally shown on Exhibit I, attached hereto and
~ncorporated herein by reference The ProJect shall commence at the current downstream
terminus of an existing sewer main located ~mmed~ately upstream of Argyle's Lift Stataon No 1
(termed the "Point of Beginning") The Project shall terminate at Denton's existing Hickory
Creek Wastewater Interceptor Main (termed the "End-Point")
2 The Parties agree that the ProJect at its End-Point with Denton's Hickory Creek
Wastewater Interceptor Mmn shall have a capacity of conveying 20 67 mllhon gallons per day
3
(MGD) of wastewater flow For purposes of this Agreement, the Parties further agree that they
shall each have the following average day, maxlmttm day, peak hourly flow capacities, and LUE
capacity
CITY AVERAGE MAXIMUM PEAK HOLrR LLrE
DAY PLOW DAY FLOW PLOW CAPACITY
CAPACITY CAPACITY CAPACITY
Argyle 0 512 1 024 2 048 1,600
Denton 4 655 9 311 18 622 12,898
TOTAL 5 167 10 335 20 67 14,498
3 Prior to the beginmng of construction of the Project, Denton shall obtain, as part of
the ProJect Cost, all necessary permits, licenses and easements The easements, deeds, plats, and
other documents so obtained by Denton shall be reviewed and approved as to form and substance
by Argyle prior to the beglnmng of construction If Denton is unable to acquire any needed
easements, Denton shall provide Argyle with information and any requested documentation of its
efforts to obtmn such easements, including evidence of the negotiations and offers made to the
affected property owners Any easements for the ProJect obtained by Denton within the City of
Argyle shall be assigned to Argyle, if easements are not already acquired in Argyle's name, prior
to acceptance of the ProJect
4 Argyle's share of the Project shall be 1,600 SFE's Argyle's share of the Project
Costs shall be as set forth in Exbablt II, attached hereto and incorporated herewith by reference
a Segment One - Commencing at the Point of Beginning located at the
manhole at Station 192+98 39, and en&ng immediately upstream from the manhole at Station
168+00, as shown in Exhibit I attached hereto and incorporated by reference herewith, and
further as shown on the plans accepted by the Parties prepared by Halff & Associates, dated
September 14, 2000 Segment One shall contain Project improvements (e g, sewer mains,
metenng station, manholes) that are exclusively used and useful to Argyle Segment One shall
be solely owned by Argyle
b Segment Two - Commencing at the manhole at Station 168+00 0 e,
where Argyle's metering station is located), to the Hickory Creek Interceptor Line also as shown
in Exhibit I
5 Denton's share of the ProJect Costs as between Denton and Argyle shall be
computed as the difference between the total Project Costs and Argyle's share of the ProJect
Costs Each party's respective share of the Project Costs shall be based upon final audited
numbers for each ProJect segment, following the procedural example in Exhibit II hereto
6 Pending final au&ted Project Costs, Argyle's portion of the ProJect Costs for the
Project is currently estimated and projected to be $687,518 00 (termed the "Pnnmpal Component
Amount"), as computed by the procedure and methodology as set forth in the "Contract Payment
4
Schedule" which is marked Exlublt II, and is attached hereto and xncorporated herewith by
reference The Pnnmpal Component shall xnclude Argyle's share of the capxtal cost for the
ProJect plus Argyle's share of the po~on of the other Project Costs, as defined m paragraph
II 0 ) heremabove Argyle shall also pay ars share of the pomon of such other and further costs
and expenses, af any, as calculated by Denton to Argyle that are reasonably incurred and are
associated w~th the construction and mstallatxon of the ProJect, that are mutually agreeable
between the Part, es
7 Argyle shall pay Denton a "Repayment Amount" as may be adjusted herein, for
Argyle's share of its capital costs assocmted w~th the ProJect, plus ~nterest as though Denton was
financing Argyle's Pnnc~pal Component Amount as a mortgage with level payments The
Repayment Amount shall be calculated as the Pnnc~pal Component Amount plus the total
~nterest earned on the Pnnclpal Component Amount financed at a rate of 5 61 percent (termed
"Interest Factor" that represents the ~nterest rate prod by Denton on the Bonds issued to finance
the ProJect) over a period of twenty (20) years By way of example, the Repayment Amount on
the projected Pnnmpal Component Amount of $687,518 ~s $1,152,535 42, as computed and set
forth, by way of example, m the Contract Payment Schedule shown ~n Exhibit II
8 Argyle shall pay Denton the Repayment Amount in accordance w~th the
following terms and prows~ons
a On each January 1 and July 1 following execution of thru Agreement, and extending
to the termination of th~s Agreement, as prowded for below, Argyle shall pay 1/40
(termed the "Contractual Payments") for the Repayment Amount projected to be
$28,813 38 (e g, $1,152,535 42 d~wded by 40), whmh ~s one-half the annual level
payment amount computed on a Pnnmpal Component Amount financed at 5 61
percent interest for a period of twenty (20) years It ~s agreed that the first such
contractual payment shall be due and payable from Argyle to Denton on July 1, 2001
b Argyle may prepay part or all of its contractual obhgat~ons arising hereunder to
Denton, w~thout penalty, at any time after the fifth anmversary date of this Agreement
by paying Denton a portion or all of the remmnmg Pnnclpal Component Amount
Argyle shall not~fy Denton a minimum of one (1) year in advance of the final payoff
If follovang the fifth anmversary of th~s Agreement Argyle prepays a port~on of the
Pnnc~pal Component Amount, such payments shall reduce the remmmng Pnnmpal
Component Amount correspondingly, as ff the Contract Repayment Schedule
attached hereto m Exhth~t II were a mortgage debt pnnc~pal payment 0 e, the
additional pnnmpal pa~d by Argyle shall be deducted from the pnnc~pal due at the
"back end of the note") Under th~s scenario, Argyle shall continue to pay Denton
semi-annual payments as scheduled and set forth ~n paragraph 8 a above until the
remtunmg Pnnclpal Component Amount is paid m full
In addition, Argyle may prepay one hundred (100%) pement of the Pnnc~pal
Component Amount as ~f the Contract Payment Schedule attached hereto as Exhthlt II
were a mortgage debt being prepmd The Contract Payment Balance shall be
5
determined at any time as the remaining Pnncipal Component Amount (as may have
been reduced by partial pre-payment of pnnc~pal amount) plus interest prorated
through the date of the Pnnelpal Component Amount payoff
c Further, when Argyle pays, whether via any pre-payment or full payment options set
forth above, its contractual obligations at any time following the fifth anmversary date of the
execution date of this Agreement, the Contract Payment Amount shall be adjusted to mclude a
credit from Denton to Argyle to reflect Denton's bond selling costs that are included in the
Repayment Amount These bond selhng costs are associated with the bond deposits placed by
Denton m conjunction with the bond debt ~ssued by Denton to finance the Project (see example
calculations of the credit amount shown m Exhibit II) The amount to be credited to Argyle shall
be the cumulative amount paid by Argyle at the t~me of contract payoff that relates to bond
deposit costs, plus cumulative interest earned on these annual payment amounts at the same rate
Denton receives on ~ts investments The total credit shall be apphed to the pnnclpal balance
owed by Argyle at the time of Contract payout
9 To determine the final Project Costs of the Project, Argyle shall have the right to
inspect any and all records of Denton, its agents, employees, contractors or subcontractors, and
shall have the right to require Denton to submit any necessary information, documents, ~nvo~ces,
receipts or other records to verify the final audited ProJect Costs of the Project
10, Argyle will deliver wastewater to the Denton wastewater system at one or both of
the followmg "Points of Entry"
a To the Project at the terminus of Segment One, as defined in Paragraph III
4 a heremabove
b To the H~ckory Creek Interceptor Main at the point where Argyle currently
discharges wastewater from ~ts Force Main
11 Under th~s Agreement Denton agrees to receive wastewater from Argyle
totaling no more than 1,600 SFE capacity wa the Project, and 560 SFE capacity ~n the Force
Main Project The Parties agree that Argyle's contractual right respecting the foregoing amount
of capacity shall survive the payment and/or prepayment of this Agreement, and ~s a contractual
property right owned by Argyle that survives the termination of this Agreement
12 Argyle will pay one hundred (100%) percent of the cost to construct
wastewater metenng stations, meeung Denton criteria, to measure the quantity and rate of
wastewater bemg dehvered at each Point of Entry to the Denton wastewater system Upon
construction and completion of the metenng stauons, Denton shall own and operate these
facilities Denton shall cahbrate these facilities with regard to flow measurements at least once a
year, or more often if required The cost of cahbrat~on of these faciht~es shall be borne by
Argyle as part of the operations and maintenance ("O&M") costs set forth ~n paragraph III 13
hereto If the wastewater metenng station that measures Argyle's wastewater flows being
conveyed through the ProJect ~s located at a point other than at the downstream terminus of
SegmentI One as defmed m paragraph III 4 a above, then Argyle and Denton shall develop and
agree on a procedure and methodology to estimate the monthly wastewater flows that Argyle
may contribute now or m the future into that portion of Segment One that is located downstream
6
of the metenng station Alternatively, Argyle and Denton may jointly agree that any Argyle
wastewater contributions to Segment One downstream of the wastewater meter may be sub-
metered by future Argyle customers
13 Argyle shall pay Denton O&M costs as shall be determined and to be set forth
and provided for ~n a separate wastewater treatment services contract to be entered ~nto ~n the
near-term by and between the Parties
14 Under tlus Agreement, Argyle ~s purchasing and acqumng a contractual nght and
~nterest ~n and to the equivalent of 1,600 SFE of wastewater service capamty within the Project
and shall have an exclusive right to ret~un such capacity Th~s contractual right and ~nterest ~n
and to such capamty shall survive the termination of th~s Agreement Argyle reserves the right to
sell, trade, transfer, or assign to any other entity all or a part of ~ts 1,600 SFE capacity ~n the
Project, prowded that such transfer meets the following four (4) conditions
a Only wastewater, as defined m Denton's Sewer Use Ordinance, ~s dehvered
to the Denton wastewater system, and
b Wastewater can only be dehvered at e~ther or both of the two pmnts of entry
described ~n paragraph IH 10 here~nabove, and
c Quantity and rate ofwastewater dehvery shall not exceed those specffied ~n
paragraph III 2, above, and
d Denton prowdes written approval for any such transfer or assignment of
Argyle's ownership ~n the contractual rights and wastewater capacity rights
acqmred pursuant to th~s Agreement Denton agrees that ~t shall not
unreasonably w~thhold ~ts approval of any such transfer or ass~gmnent, if the
proposed transfer or asmgnment does not wolate the intent or sprat of th~s
Agreement
15 This Agreement may be terminated by Argyle at any t~me after the fifth
anmversary date of the execution of tlus Agreement by Argyle paying and/or pre-paying the total
amount due and owing Denton as determined by paragraphs III 7 and III 8 here~nabove, and as
set forth in Exhibit II attached hereto In the event of such terra,natron, Argyle's rights and
~nterests respecting the 1,600 SFE of wastewater capamty, as described ~n paragraph III 14
here~nabove, shall surwve and shall not be terminated
16 Dunng the ProJect design and construction phases, Argyle and Denton shall hold
construction meetmgs at least once per month, and more often, as may be necessary and
appropriate, ~n order to coordinate their actlwt~es on the ProJect
17 Thru Agreement embodies the entire agreement of the part,es hereto and there are
no promises, terms, cond~tmns, understandtngs, or obhgat~ons other than those contmned or
~ncorporated herem Thru Agreement shall supersede all prewous eommumcatlons,
representatmns or agreements, whether verbal or written, between the part, es hereto with respect
to the subJeCt matter of tlus Agreement
18 This Agreement is subject to modfficatlon, waiver, amendment, addition, or
deletion, only by means of a written document duly executed by both of the Partaes hereto
19 Thas Agreement shall not be assigned by Denton without the express written
consent of Argyle, which consent shall not be unreasonably withheld
20 Any and all suits for breach of this Agreement, or any other stat pertalmng to or
ansang out of this Agreement, shall be brought m a court of competent jurlsdmtaon ~n Denton
County, Texas This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas
21 The paragraph headings contmned an this Agreement are for convemence only
and shall m no way enlarge or limit the scope or meaning of the various and several paragraphs
hereof
22 Both of the Parties hereto have actively participated in the negotaat~on and
preparation of tins Agreement and the Exhlbats attached hereto, and the Parties accordingly agree
that tins Agreement shall not be construed either mom or less strictly against or for e~ther party
hereto
IV
EFFECTIVE DATE AND TERM
Th~s Agreement shall become effectave as of the date of execution hereof by both Parties,
following the approval of their respectave governing bodies This Agreement shall be for a term
of one (1) year, from and after the date that this Agreement as approved by the governing bodies
of Denton and Argyle (hereafter the "Effectave Date"), and shall be automatically renewable,
without further action by Denton and Argyle for successive one (1) year terms thereafter, as
provided by and as permitted under applicable State law Notwithstanding the foregoing,
Argyle's payment obhgatlon hereunder shall terminate upon payment of all sums due and owing
in accordance wath this Agreement All other terms of thru Agreement shall survive the payment
obhgatxon
V
MUTUAL HOLD HARMLESS COVENANT
1 To the extent allowed by the Constitution and statutes of the State of Texas, and
without Wmvlng any immunity or hmltatlon as to hablhty, Argyle agrees to and shall lndcmmfy
and hold harmless Denton, ~ts officmls, officers, agents, employees, attorneys, and its
~ndcpendcnt contractors from and against any and all clmms, damages, causes of action, lawsuits,
and reasonable attorney's fees and costs of court, for anjury or death of any person, or for
damages to any property, real, personal, or mixed, arising out of or ~n connection with the
constructaon, anstallatlon, and operataon of the ProJect, where the ~njury or death or property
damage is caused by thc ncghgcncc of Argyle, its officials, officers, agents, employees,
attorneys, or xts independent contractors, except that Argyle assumes no habthty for the sole
neghgent acts of Denton, its officials, agents, employees, attorneys, and its independent
contractors
8
2 To the extent allowed by the Constitution and statutes of the State of Texas, and
w~thout wtuvmg any lmmumty or hmatat~on as to habfl~ty, Denton agrees to and shall mdemmfy
and hold harmless Argyle, its offiemls, officers, agents, employees, attorneys, and ~ts
~ndependent contractors from and against any and all clmms, damages, causes of actmn, lawsmts,
and reasonable attorney's fees and costs of court, for ~njury or death of any person, or for
damages to any property, real, personal, or mxxed, arising out of or ~n connection with the
construction, mstallataon, and operation of the ProJect, where the injury or death or property
damage ~s caused by the neghgence of Denton, ~ts officials, officers, agents, employees,
attomeys, or ~ts independent contractors, except that Denton assumes no habfilty for the sole
negligent acts of Argyle, its officmls, agents, employees, attorneys, and ~ts ~ndependent
contractors
VI
FORCE MAJEURE
1 Denton shall construct and shall prowde Argyle w~th use of a fully-functional
Graveyard Branch Wastewater Mmn ProJect The Part,es agree that Denton shall not be liable
for any damages, costs, or losses, ff such wastewater transmission line should fml, should use of
the line be ~ntermpted or reduced, should the wastewater transmission hne become defective, be
seriously ~mpacted by an Act of God, a catastrophic d~saster, action of the elements, a serious
floodmg condition, accidents, strikes, labor problems, the breakdown of eqmpment, arising out
of a lawful order or action of a governmental anthonty having jurisdiction over the wastewater
transmission hne and the Part,es, or for any other cause beyond the reasonable control of Denton
2 The Parties agree that m no event shall Denton be hable m consequentml damages
to Argyle hereunder for any fome majeure event, as set forth in this paragraph VI
VII
NOTICE PROVISIONS
1 Any notme, request or other commumcat~on made by e~ther party pursuant to th~s
Agreement shall be g~ven m wntmg and shall be deemed to have been given by e~ther party to
the other party at the addresses shown below upon any of the following dates
a The date ofnotme by telecopy or other s~mdar telecommunmat~ons, the receipt of
which ~s confirmed promptly m writing by the recipient,
b The date of receipt stated on the return receipt showing the mmllng thereof by
U S Mml, postage prepaid (as shown by the post office receipt ffmmled to the other party hereto
by means of registered or certffied mml, return receipt requested),
c The date of actual receipt of notice by the other party hereto, ~f not prowded
pursuant to V 1 a or V 1 b heremabove
2 The addresses of the Part, es for the purpose of providing the other party notices
under this Agreement shall be as follows, unless written notification of a change of address is
provided by e~ther or both Part,es to flus Agreement
City Manager
City of Denton, Texas
215 East MeKanney Street
Denton, Texas 76201
Mayor
City of Argyle, Texas
P O Box 609
Argyle, Texas 76226-0609
VIII
MEDIATION AND ALTERNATE DISPUTE RESOLUTION
The Part, es agree that ff any d~spute arises under flus Agreement, that they will, ~n good
faith, attempt to resolve such dispute ~n a reasonable and expedient manner The Part,es
recogmze that they should strongly consider setthng any such d~spute by submitting the d~spute
to mediation or some other form of d~spute resolution No mediation or other form of alternate
d~spute resolution act~wty ansang out of, or relating to th~s Agreement, may be reqmred or forced
by one party upon the other party, w~thout the Part, es' mutual agreement In the event that the
Parties agree that methat~on or some other form of alternate dispute resolution ~s appropriate,
then they hereby agree to expedite such mediation or other alternate d~spute resolution acuwty,
and further agree to each be responsible for one-half of all mediation or other alternate d~spute
resolution activity fees and expenses incurred
IX
SEVERABILITY
If any clause, provision or paragraph of flus Agreement should be held illegal or invalid
by any court, the mvahd~ty of such clause, prowslon or paragraph shall not affect any of the
remaimng clauses, prows~ons or paragraphs hereof, and th~s Agreement shall be construed and
enforced as ff such illegal or invahd clause, provision or paragraph had not been contained
here~n
IN WITNESS WHEREOF, the Part,es have executed flus Agreement m duphcate
original counterparts..b~ ,mad through thee d, uly-authonzed officials and officers of Denton and
Argyle, on flus the r3~(./l~, day of ~./MZgM'/f/2~..~ ,2001
l0
"DENTON"
CITY OF DENTON, TEXAS
A Texas Mumc~pal CorporaUon
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
"ARGYLE"
CITY OF ARGYLE
A Texas Mumc~pal Corporation
ATTEST yVONNE A~JEI~MAYOR
DEBBIE E MILLICAN, CITY SECRETARY
APPROVED AS TO LEGAL FORM
PATRICIA ADAMS, CITY ATTORNEY
%- n= '~Y.,'"
11
CONTRACT PAYMENT SCHEDULE
GRAVEYARD BRANCH WASTEWATER LINE
'Start Date
{ 7/1/01 ] [ CITY OF ARGYLE
Annual
Pmnt Start of Interest Scheduled Actual Scheduled
# Period Rate Balance Balance Payment Interest Portion Principal Portion
I 07/01 5 61% 687 518 00 687,518 00 ! (28,813 39) (19,284 88)1 (9 528 51)
2 01/02 5 61% 677 989 49 ' 677,989 49 (28,813 39) (19 017 61) (9 795 78
3 07/02 5 61% 668,193 71 668,193 71 (28 813 39) (18 742 83) (10 070 55)
4 01/03 5 61% 658,123 16 658,123 16 (28 813 39 (18 460 35) (10 353 03)
5 07/03 5 61% 647,770 13 647,770 13 (28 813 39 (18,169 95) (10,643 43)
6 01/04 5 61% 637,126 70 637,126 70 (28,813 39) (17 871 40) (10 941 98)
7 07/04 5 61% 626,184 72 626,184 72 (28 813 391 (17 564 48) (11 248 9(3
8 01/05 5 61% 614 935 8t 614 935 81 (28,813 39] (17 248 951 !11 564 441
9 07/06 5 61% 603,371 38 603,371 38 (28,813 39) (16,924 57) (11 888 82)
10 01/06 5 61°/~ 591,482 56 591,482 56 (28,813 39) (16,591 09) (12 222 30)
11 07/08 5 61% 579,260 26 579,260 26 (28 813 39) (16,248 25 (12,565 14)
12 01/07 5 61% 566,695 12 566,695 12 (28,813 39) (15,895 80) (12 917 59)
13 07~07 5 61% 553,777 54 553,777 54 (28 813 39) (15 533 46) (13 279 93)
14 01/08 5 61% 540,497 61 540,497 61 (28 813 39) (15,160 96) (13,652 43)
15 07/08 5 61% 526,845 18 526,845 18 (28,813 39) (14 778 01) (14 035 38)
16 01/09 5 61% 512,809 80 512 809 80 (28 813 39) (14 384 32) (14 429 07)
17 07109 5 61% 498,380 73 498,380 73 (28,813 39) (13 979 58) (14 833 81)
18 01/10 5 61% 483 546 93 483 546 93 (28,813 39 (13,563 49) (15,249 89)
19 07/10 5 61% 468,297 03 468,297 03 (28,813 39) (13 135 731 (15,677 65
20 01/11 5 61% 452 619 38 452,619 38, (28 813 39) (12,695 971 (16 117 41
21 07/1 t 5 61% 436 501 97 436,501 97 (28 813 39) (12 243 88] (16 569 51
22 01/12 5 61% 419,932 46 419 932 46 (28 813 39) (11 779 11) (17,034 28
23 07/12 5 61% 402,898 18 402 898 18 (28 813 39) (11 301 29) (17 512 09
24 01/13 5 61% 385,386 09 385,385 09 (28,813 39) (10 810 08) (18 003 31
25 07/13 5 61% 367,382 79 367,382 79 (28 813 391 (10,305 09) (18,508 30)
26 01/14 5 61% 348,874 49 348,874 49 (28,813 39 (9 785 931 (19 027 461
27 07/14 5 61°/~ 329,847 03 329 847 03 (28 813 39}' (9,252 21 (19,561 18
28 01115 5 61% 310,285 86 310,285 86 (28,813 39) (8,703 52 (20,109 871~
29 07/18 5 61% 290 175 99 290,175 99 (28 813 39) (8 139 44 (20 673 95)
30 01/16 5 61% 269,502 04 269,502 04 (28,813 39) (7 559 53 (21,253 85)
3t 07/16 5 61% 248,248 19 248,248 19 (28 813 39) (6 963 36) (21,850 02)
32 01/17 5 61% 226 398 16 226,398 16 (28 813 391 (6 350 47 (22,462 92)
33 07/17 5 61% 203,935 25 203,935 24 (28 813 39) (5 720 38 (23,093 00)
34 01/18 5 61% 180,842 24 180,842 24 (28,813 39) (5,072 62 (23 740 76)
35 07/18 5 61% 157,101 48 157,101 48 (28,813 39} (4 406 70) (24,406 69)
36 01/19 5 61% 132 694 79 132 694 79 (28 813 39 (3,722 09) (25 091 30)
37 07/19 5 61% 107,603 50 107 603 50 (28,813 39 (3,018 28] (25 795 11)
38 01/20 5 61% 81,808 39 81,808 39 (28,813 39) (2 294 73)' (26 518 66)
39 07~20 5 61% 55,289 73 55,289 73 (28,813 39) (1,550 88) (27,262 51)
40 01/21 5 61% 28,027 22 28,027 22 (28,813 38) (786 16) (28,027 22)
flnance\whlsaletww~ar~yle final ww debt amort table xts
ARGYLE PAYMENT SCHEDULE - 5 61% INTEREST RATE $ 687,618
Scheduled Principal
Payment Interest Port~on Port,on Interest Pnnc~pal
Z8,813 39) 19,284 88) 9,528 51)
28,813 39) 19,017 61) 9,795 78) (38,302 49) (19,324 29)
Z8,813 39) 18,742 83) 10,070 55)
28,813 39) 18,460 35) 10,353 03) (37,203 19) (20,423 58)
28,813 39) 18,169 95) t0,643 43)
28,81339) 17,871 40) 10,941 98) (36,041 36) (21,58541)
28,813 39) 17,564 48) 11,248 90)
28,813 39) 17,248 95) 11,564 44) (34,813 43) (22,813 34)
28,813 39) 16,924 57) 11,888 82)
28,813 39) t6,591 09) 12,222 30) (33,515 65) (24,111 12)
28,813 39) 16,248 25) 12,565 14)
28,813 39) 15,895 80) 12,917 59) (32,144 05) (25,482 72)
28,813 39) 15,533 46) 13,279 93)
28,813 39) 15,160 96) 13,652 43) (30,694 42) (26,932 35)
28,813 39) 14,778 01) 14,035 38)
28,813 39) 14,384 32) 14,429 07) (29,162 32) (28,464 45)
28,813 39) 13,979 58) 14,833 81)
28,813 39) 13,563 49) 15,249 89) (27,543 07) (30,083 70)
28,813 39) 13,135 73) 15,677 65)
28,81339) 12,69597) 16,11741) (25,831 71) (31,79507)
28,813 39) 12,243 88) 16,569 51)
28,813 39) t 1,779 11) 17,034 28) (24,022 99) (33,603 79)
28,813 39) 11,301 29) 17,512 09)
28,81339) 10,81008) 18,003 31) (22,111 37) (35,51540)
28,813 39) 10,305 09) 18,508 30)
28,813 39) ;),785 93) 19,027 46) (20,091 02) (37,535 75)
.)8,813 39) ;),252 21) 19,561 18)
28,813 39) E~,703 52) 20,109 87) (17,955 73) (39,671 04)
28,813 39) B,139 44) 20,673 95)
Z8,813 39) 7,559 53) 21,253 85) (15,698 97) (41,927 80)
28,813 39) 6,963 36) 21,850 02)
28,813 39) 6,350 47) 22,462 92) (13,313 83) (44,312 94)
28,813 39) 5,720 38) .)3,093 00)
28,813 39) 5,072 62) 23,740 76) (10,793 01 ) (46,833 76)
28,813 39) 4,406 70) 24,406 69)
28,813 39) 3,722 09) 25,091 30) (8,128 79) (49,497 99)
28,813 39) 3,018 28) 25,795 11)
28,813 39) 2,294 73) 26,518 66) (5,313 00) (52,313 77)
.)8,813 39) 1,550 88) 27,262 51)
28,813 38) (786 16) 28,027 22) (2,337 04) (55,289 73)
(1,152,535 42) (465,017 42) (687,518 00) (465,017 42) /687,518
CITY OF ARGYLE - GB
GRAVEYARD BRANCH WASTEWATER LINE
Old Versus New Debt Payments
QLD. ~ DIFF
Project Cost $ 599,761 $ 642,000 $ 42,239
Bond Financing Costs $ 42,523 $ 45,518 $ 2,995
Total Project Cost $ 642,284 $ 687,518 $ 45,234
7 Year Payment Total $ 376,847 $ 403,382 $ 26,535
Payoff balance after 7 Years $ 492,182 $ 526,645 $ 34,463
Less P/I on bond deposit $ $ (24,070) $ (24,070)
Less Interest earned $ $ (5,896) $ (5,896)
Less Bond deposit balance ~ $ (31:437) $ (31,437)
Total Payoff Amount $ 492,182 $ 465,242 $ (26,940)
Net Cost (7 year payments
plus payoff) $ 869,029 $ 868,624 $ (405)
Note Bond deposit amount $ 38,325 $ 41,024 $ 2,699
Other bond selhng costs $ 4,198 $ 4,494 $ 296
$ 42,523 $ 45,518 $ 2,995
flnance\whlsale\w~Argyle old versus new payments