Loading...
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 PAGE 1 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 PAGE 2 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 Page 2 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 Page 3 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 Page 4