2001-174ORDINANCE NO axl- /1~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE PAYMENT AND
SETTLEMENT OF CLAIMS AND DEBTS, THE ACQUISITION OF PROPERTY, AND
OTHER MATTERS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION t The City Manager is hereby authorized to execute on behalf of the City, an
Agreement by and between the City of Denton, Texas and the Upper Trinity Regional Water
District, a copy of which is attached hereto and incorporated by reference herein
CFCT1 2 The expenditure of funds as set forth in the Agreement is hereby
authorized
SECTION -1 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the / / day of , 2001
&J(4~ A-Orlk- -
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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SB Our Documents\Ordmance8\01\UTRWD Payment Ord doc
STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT
day of
S GREEMENT is made and entered into as of the /10
2001, by and between the City of Denton, Texas, a Texas Municipal
Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201
(hereafter "DENTON'~, and the Upper Trinity Regional Water District, a Conservation and
Reclamation District organized under Article XVI Section 59 of the Texas Constitution, and
operating under the laws of the State of Texas, with its principal office at 396 West Main, Suite
102, Lewisville, Texas 75067 (hereafter "UTRWD"), the parties acting herein, by and through their
duly-authotized representatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, and
for the considerations herein expressed, the parties hereto do mutually AGREE as follows, to wit
1 That DENTON owes UTRWD the sum of $900,756 20 for the UTRWD share of the Lillian
Miller Joint Transmission Line 1-A, pursuant to the contract dated May 6, 1993 [approximately
fifty (50%) percent of the UTRWD share of the pipeline is owned by the Texas Water
Development Board, who will be reimbursed by the UTRWD]
2 That DENTON owes UTRWD the sum of $428,626 44, on the remaining indebtedness owed
by DENTON to UTRWD for DENTON'S share of the Lillian Miller Joint Transmission Line 1-A
3 That it is DENTON'S intention to exercise its option to acquire the entire Lillian Miller Joint
Transmission Line 1-A at this time
4 That UTRWD owes DENTON the sum of $321,870 49 principal and interest, on the Cooper
Reservoir Project as a refund of DENTON'S share, as it has elected to withdraw from the Project
Accordingly, UTRWD will refund DENTON'S share at this time
5 That with respect to DENTON'S financial responsibility as to the Lake Cities Municipal
Utilities Authority Line, UTRWD and DENTON have an ongoing dispute UTRWD and
DENTON have by this document, settled their dispute for the payment of $18,87133 from
DENTON to UTRWD
6 That in summary, netting out the above amounts in numbers 1, 2, 4 and 5, DENTON shall
pc, UTRWD by March 1, 2001, the sum of $1,026,383 48 in order to settle and pay oil the
following matters
A Acquisition of the entire Lillian Miller Joint Transmission Line 1-A, and
B Refund of DENTON'S share of the Cooper Reservoir Project, and
C Settlement of any claim respecting the Lake Cities Municipal Utilities Authority
Line
S W V Oac.maunCamm~uWnoawn WRWD Ap Ift N N,man u 1
7 That DENTON and the UTRWD shall release and hold harmless the other, to the extent
authorized by law, trom any and all other claims for the three items set out in item 6 above
8 That if requested by the other party, DENTON and the UTRWD shall each cooperate in
signing and delivering such conveyances or other written documentation, within thirty (30) days of
the request, in order to facilitate the transfers thereof
9 That the payoff amount of $1,026,383 48 shall be effective through March 1, 2001 To the
extent that this matter is not closed and funded by April 15, 2001, the payoff balance shall be re-
calculated, using the same assumptions as this Agreement, on a daily basis, to date of payment
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in two (2)
original counterparts, by and through its duly authorized City Manager, and the Upper Trinity
Regional Water District has executed this Agreement by and through its duly authorized
undersigned officer on this the 17' jh day of 2001
"DENTON"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
HOWARD MARTIN
INTERIM CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
o"r~
APPROVED AS TO LEGAL FORM
HERBERTT PROTiTY CTTYATTOnNTT=v
By
s 1 u, o ummunCOmm"J%D MW D A9401m1 N Pa m104 tl 2
"UTRWD"
UPPER TRINITY REGIONAL WATER DISTRICT
By
Blake aLEnglish, ire ctors
ATTEST
By jy~'
tonic Romo, Secretary, Board of Directors
APPROVED AS TO FORM AND LEGALITY
John F Boyle, Jr , Counsel for a District