2000-011 ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT
TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL
WATER DISTRICT HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING
THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD, AUTHORIZiNG
THE CITY MANAGER TO EXECUTE SAID AMENDMENT, PROVIDING FOR
RETROACTIVE EFFECT OF SAID AMENDMENT, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, by Ordinance No 90-186, passed by the City Cotmml on November 20,
1990, the City Cotmcd authorized the Mayor to execute an "Interim Wastewater Treatment
Service Contract Between the City of Denton, Texas and the Upper Tnmty Regional Water
D~stnct" (the "Contract"), thereafter the City of Denton (the "City") and the Upper Tnnlty
Regional Water Dmtnct (the "UTRWD") executed and entered into said Contract on November
20, 1990, and
WHEREAS, the City and the UTRWD have operated under the terms and provisions of
said Contract continuously since November 20, 1999 However, Article VIII, Section 8 1 of the
Contract provides that the Contract will terminate on December 31, 1999, and
WHEREAS, because the City and the UTRWD are currently negotiating the terms for a
new wholesale wastewater treatment service contract, ~t is the mutual desire of the City and the
UTRWD to extend the term of the Contract for an additional slx (6) months, so that the Contract
will continue m full force and effect and will terminate instead, on June 30, 2000, and the City
and the UTRWD mutually desire that the existing Contract continue m full force and effect,
without lapse, expiration, or mten'uptlon while their respective governing bodies approve and
enter into an "Amended Interim Wastewater Treatment Services Contract Between the City of
Denton and the Upper Tnmty Regional Water District' (the "Amended Contract") providing for
such six (6) month extension of time, and
WHEREAS, the City Council deems it m the public interest to enter into the Amended
Contract with the UTRWD to extend the current term of the "Contract" for an additional slx (6)
month period, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute an "Amended
Interim Wastewater Treatment Services Contract Between the City of Denton and the Upper
Tnmty Regional Water District" substantially m the form of the Amended Contract attached
hereto and incorporated herewith by reference
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SECTION 2 That the C~ty Secretary ~s hereby d~rected to affix a copy of this Ordinance
to Ordinance No 90-186, and ~nscrlbe thereon the notation that the Amended Contract has been
amended by the adoption of th~s Orchnance
SECTION3 That th~s Amended Contract ~s hereby ratffied, confirmed, and
retroactively approved, and shall be effective from and after January 1, 2000, so that the Contract
heretofore executed by the C~ty and the UTRWD on November 20, 1990, shall remmn and
continue m full force and effect, without lapse or ~ntermpt~on
SECTION 4 That except as otherwise provided in Section 3 here~nabove, tlus Ordinance
shall become effective ~mmed~ately upon ~ts passage and approval
PASSED AND APPROVED this the /-~-Z~rL day of ~ , 2000
J~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmances\99\UTRWD COD WW Amend Agrmt Ord doc
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AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT
SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE
UPPER TRINITY REGIONAL WATER DISTRICT HERETOFORE EXECUTED ON
NOVEMBER 20, 1990
WHEREAS, the Clty of Denton, Texas (hereinafter the "CITY"), a Texas Mumclpal
Corporatmn, and a Home-Rule City under the laws of the State of Texas, heretofore entered into
an "Interim Wastewater Treatment Servmes Contract Between the City of Denton, Texas and the
Upper Tnmty Regional Water District, a conservatmn and reclamation d~stnet created pursuant
to Article XVI, Section 59 of the Constitution of the State of Texas (hereinafter the "UTRWD")
on the 20t~ day of November, 1990, whmh contract is hereinafter referred to as the "Original
Contract," and wtuch Original Contract was approved by the Denton City Council by Ordinance
No 90-186, passed on the 20* day of November, 1990, and
WHEREAS, at the t~me that the Original Contract was entered into m 1990, ~t was the
UTRWD's objeet~ve to develop a regional wastewater system m the Denton County area and to
enter into contracts with entlt~es which were "Participating Members" of the UTRWD to provide
reg~enal wastewater services to those ent~t~es The CITY at that time, and at the present, owns
and operates a wastewater collectaon, treatment, and d~sposal system in Denton County, Texas,
and the UTRWD, at the time of the Original Contract, and at the present, desires to utilize the
excess capamty of the Denton system for the collection, treatment, and disposal of the UTRWD
Members' wastewater, and
WHEREAS, the "Denton County Water and Wastewater Study --- Regional Master Plan
for the Year 2010," recommended that certmn portions of Denton County be provided regional
wholesale wastewater service through the CITY's wastewater system In smd Original
Agreement, the CITY agreed to prowde wastewater services for the UTRWD on an interim
basis, with the expectation that, and on the eon0at~on that the UTRWD would ~n the future enter
mto another and further contract w~th the CITY to provide for the joint planning, funding, and
ownership of additional wastewater collection and treatment facilities to serve the future
wastewater requirements of both the CITY and the UTRWD, and
WHEREAS, Article VIII, Seetxon 8 1 of the Original Contract prowdes that the Original
Contract shall expire by its own terms on December 31, 1999, and
WHEREAS, the CITY's Wastewater Utlhty Department currently has a wholesale
wastewater contract w~th the UTRWD, and the CITY and the UTRWD are currently negotiating
acceptable terms for a new wholesale contract, while at the same time consadenng the needs of
other customer c~ties and/or dastncts being added to the wastewater system in hght of the rap~d
growth and development aet~wt~es m the H~ekory Creek Basra, and m order to mmntam the
status quo, and m order to allow sufficient Ume for completion of the negotiations between the
CITY and the UTRWD, the CITY and the UTRWD mutually desire to extend the term of the
Original Contract for an adcht~onat s~x (6) month period, and
WHEREAS, the C~ty Council deems ~t m the pubhe interest for the CITY to enter rotc
tbas "Amendment to the Existing Interim Wastewater Treatment Services Contract Between the
C~ty of Denton, Texas and the Upper Tnmty Regional Water District Heretofore Executed on
November 20, 1990" (hereinafter the "Amended Contract") which prowdes that the term of the
Onganal I Contract shall be extended for an additmnal SlX month period of time, pending their
good-faath negotiation of a new Contract, and to keep said Original Contract ~n eontmuous force
and effect, w~thout lapse
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NOW, THEREFORE, for good and valuable consideration, and in further consideration
of the mutual promises and covenants of the parties, the CITY and the UTRWD do hereby
AGREE as follows, to w~t
SECTION 1 That Article VIII, Section 8 1 of the Original Contract ~s hereby amended
to read as follows
"Tlus Agreement shall ternunate on June 30, 2000"
SECTION 2 That in all respects, except as specifically and expressly amended by flus
document, the sa~d Ongmal Contract heretofore duly passed and approved by the C~ty Council of
the City of Denton, Texas on the 20th day of November, 1990, shall remain and continue m full
force and effect, w~thout lapse or lnterruptmn, for all purposes pertinent
EXECUTED by the undersigned duly-authorized officials and officers of the CITY and
the UTRWD, m two (2) original counterparts, on flus the o}O/o[~ day of
CITY OF DENTON, TEXAS
tI~IIeHAEf W JF~, CI~Y MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By
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APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
UPPER TRINITY REGIONAL WATER
DISTRICT
ATTEST
By
SEC~TA~¥, ~OA~ O~ OI~CTO'~S
APPROVED AS TO LEGAL FORM
S \Our Document~Contracta\99\UTRWD Amend WW Agrmt - Argyle Hicko~y Crk Basra d~c
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