2000-270AN O~ANCE OF THE CITY OF DENTON, TE~S ~PROV~G ~ ~E~MENT
TO THE EXIST~G ~TE~M WASTEWATER T~ATMENT SERVICES CONTACT
BETWEEN THE CITY OF DENTON, TE~S ~ THE ~PER T~TY ~GION~
WATER DIST~CT HE~TOFO~ EXECUTED ON NOVEMBER 20, 1990, EXTE~G
THE TE~ THE~OF FOR ~ ~DITIONAL S~ MONTH PE~OD, AUTHO~G
THE CITY M~AGER TO EXECUTE SAID ~E~MENT, PROVID~G FOR
~TROACTIVE EFFECT OF S~D ~E~ME~, A~ PROVID~G ~ EFFECT~E
DATE
~E~AS, by Ordm~ce No 90-186, passed by the C~ty Co~ml on November 20,
1990, ~e C~ Co.cfi au~onzed ~e Mayor to execute ~ "Interim Wastewater Trea~ent
Se~me Contract Be~een the C~ty of Denton, Texas ~d ~e Upper Tnmty Regional Water
D~smct" (~e "Contract"), thereaRer ~e C~ty of Demon (the "City") ~d the Upper Tnmty
Regional Water D~s~ct (~e "UTR~") executed ~d entered into smd Con.act on November
20, 1990, ~d
~E~AS, ~e C~ty ~d the UTR~ have operated under the terns ~d provmons of
smd Con~t continuously mnce November 20, 1990 However, ~mle VIII, Section 8 1 of the
Contract prowdes that ~e Con~act will te~mate on December 31, 1999, ~d
~E~AS, by Ordinate No 2000-011 passed ~d approved by the C~ty Co.cd on
J~u~ 4, 2000, the Con.act was extended for ~ additional s~x-month t~, effective from
Janu~ 1, 2000 ~ough J~e 30, 2000,
~E~AS, because ~e C~ty ~d the UTR~ ~e cu~ently negotmt~ng ~e terns for a
new wholesale wastewater ~ea~ent semce con.act, ~t is ~e mutual desire of ~e C~ty ~d the
UTR~ to extend the te~ of the Con~act for ~ ad&t~onal s~x (6) months, to mmntmn the
status quo, so ~at the Contract will continue ~n full rome ~d effect ~d wall temmate ~nstead,
on December 31, 2000, ~d ~e C~ty ~d the UTR~ mutually desire that the existing Con.act
continue m ~11 fome ~d effect, w~out lapse, expiration, or ~ntemptlon while ~e~r respective
governing bo~es approve ~d enter into ~ "~ended Interim W~tewater Treament Se~mes
Con~act Be~een the C~ty of Denton ~d the Upper TnnlW Regmnal Water Dm~ct" (the
"~ended Contract") prov~&ng for such ad&t~onal s~x (6) month extensmn of t~me, ~d
~E~AS, the C~ty Council deems ~t in ~e pubhc ~nterest to enter ~nto the ~ended
Contract ~ the UTR~ by ~s ordm~ce m~fests ~ts desire to extend ~e cu~ent tern of
the Contract for ~ ad&txonal six (6) month period, NOW THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~S
SECTION 1 That the City M~ager is hereby authorized to execute ~ "~endment to
· e Exmtmg Interim W~tewater Trea~ent Seduces Contract Be~een ~e City of Denton,
Texas ~d ~e Upper Tnmty Regional Water D~strmt Heretofore Executed on November 20,
PAGE 1
1990" substantmlly m the form of the amendment to contract attached hereto and ~ncorporated
herewith by reference
SECTION 2 That the Caty Secretary ~s hereby directed to affix a copy of th~s Orthnance
to Orchnance No 90-186, as well as to Ordinance No 2000-011, and inscribe thereon the
notaUon that the Contract has been amended by the adoption of th~s Ordinance
SECTION3 That th~s Amended Contract ~s hereby ratffied, confirmed, and
retroaeUvely approved, and shall be effecUve from and after July l, 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, w~thout lapse or ~ntermpUon
SECTION 4 That except as otherwise provided ~n Section 3 here~nabove, th~s Ordinance
shall become effeeUve ammedmtely upon ~ts passage,and approval
PASSED AND APPROVED thls the /~ '~ day of dd/~d~(./J~ ,2000
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
By
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Doeuments\Ordmances\00\UTRWD - COD WW Amend Agrmt Ord 7-2000 doc
PAGE 2
STATE OF TEXAS )(
)(
COUNTY OF DENTON )(
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 C~ty of Denton, Texas (hereinafter the "CITY"), a Texas Municipal
Corporation, and a Home-Rule C~ty under the laws of the State of Texas, heretofore entered into
an "Intenna Wastewater Treatment Services Contract Between the City of Denton, Texas and the
Upper Tnmty Regional Water District, a conservation and reclamation district created pursuant
to Article XVI, Section 59 of the Constitution of the State of Texas (hereinafter the "UTRWD")
on the 20~h day of November, 1990, which contract ~s hereinafter referred to as the "Original
Contract," and which Original Contract was approved by the Denton City Council by Ordinance
No 90-186, passed on the 20th day of November, 1990, and
WHEREAS, at the time that the Original Contract was entered Into in 1990, ~t was the
UTRWD's objeet~ve to develop a regional wastewater system in the Denton County area and to
enter into contracts with entities wlueh were "Participating Members" of the UTRWD to prowde
regional wastewater services to those entitles The CITY at that time, and at the present, owns
and operates a wastewater collection, treatment, and d~sposal system in Denton County, Texas,
and the UTRWD, at the t~me of the Original Contract, and at the present, desires to utihze the
excess capacity 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 certain portions of Denton County be provided regional
wholesale wastewater serwce through the CITY's wastewater system In smd Ong~nal
Agreement, the CITY agreed to prowde wastewater servmes for the UTRWD on an ~ntenm
bas~s, w~th the expectation that, and on the condmon that the UTRWD would ~n the future enter
~nto another and further contract w~th the CITY to prowde for the jmnt planmng, funding, and
ownership of adcht~onal wastewater collectmn and treatment factht~es to serve the future
wastewater reqmrements of both the CITY and the UTRWD, and
WHEREAS, Article VIII, Section 8 1 of the Original Contract prowdes that the Original
Contract shall expire by ~ts own terms on December 31, 1999, and
WHEREAS, the C~ty Council of the C~ty of Denton, Texas passed and approved
Ordinance No 2000-011 on January 4, 2000 prowd~ng and authorizing a s~x-month extension of
the Ongmal Contract, effective January 1, 2000 through June 30, 2000, and
WHEREAS, the CITY's Wastewater Utd~ty Department currently has a wholesale
wastewater contract w~th the UTRWD, and the CITY and the UTRWD are currently negot~atmg
acceptable terms for a new wholesale contract, wh~le at the same t~me cons~denng the needs of
other customer c~t~es and/or d~stncts being added to the wastewater system ~n hght of the rap~d
growth and development act~wt~es m the Hmkory Creek Bas~n, and ~n order to mmntam the
status quo, and m order to allow suffiment t~me for completmn of the negotmtmns between the
CITY and the UTRWD, the CITY and the UTRWD mutually desire to extend the term of the
Original Contract for an additional s~x (6) month period, to be effective, ratffied and retroactive
from July 1, 2000 through December 31, 2000, and
WHEREAS, the C~ty Council deems ~t m the pubhc ~nterest for the CITY to enter ~nto
th~s "Amendment to the Ex~stmg Interim Wastewater Treatment Servmes Contract Between the
C~ty of Denton, Texas and the Upper Tnmty Regional Water D~stnct Heretofore Executed on
Page 2
November 20, 1990" (hereinafter the "Amended Contract") which provides that the term of the
Original Contract shall be extended for an additional SlX month period of time, pending their
good-faith negotiation of a new Contract, and to keep said Original Contract in continuous force
and effect, without lapse
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 wlt
SECTION 1 That Article VIII, Section 8 1 of the Original Contract as hereby amended
to read as follows
"Th~s Agreement shall terminate on December 31, 2000"
SECTION 2 That in all respects, except as specifically and expressly amended by this
document, the said Original Contract heretofore duly passed and approved by the City Council of
the City of Denton, Texas on the 20th day of November, 1990, shall remain and continue in full
force and effect, without lapse or interruption, for all purposes pertinent
EXECUTED by the undersigned duly authorized officials and officers of the CITY and
,/
the UTRWD, in two (2)original counterparts, on this the ~ day of ~/~, 2000
"CITY"
CITY OF DENTON, TEXAS
Page 3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~PROVED AS TO LEG~ FO~
HE~ERT L PROUTY, CITY ATTO~Y
By ~~~
"UTR~"
~PER T~TY ~GION~ WATER
DISTraCT
ATTEST
By ~ARi~ F~Di~(T'~CTORS
APPROVED AS TO LEGAL FORM
S \Our Documonts\Cont~acts\99\UTRWD Amend WW Agrmt Argyle H~¢kory Crk Basra doc
Page 4
A PO Drawer 3053961-~WwlsM'~l~;en TS)~lt;e5~27
REGIONAL WATER DlaTRICT (972) 219 1228 Fax (972) 221 9896
September 21, 2000
Mr Howard Mart~n
Asmstant C~ty Manager/Utd~bes
C~ty of Denton
215 E McK~nney St
Denton, TX 76201
Re Ext®ns,on of Wastewater Contract
Dear Howard,
Enclosed for your records m an executed copy of the contract extension approved by the
Denton City Councd on August 15, 2000 and by the Upper Tnmty Regional Water D~stnct Board
of D~rectors on September 7, 2000 W~th th~s agreement, the exp~rabon date of the wastewater
services contract has been extended from June 30, 2000 to December 31, 2000
I understand that Denton and Argyle are ~n negot~abons regarding a d~rect contract for
wastewater treatment services Accordingly, UTRWD wdl stand aside on th~s matter unless
requested by e~ther party Please let me know ~fwe can assist ~n any way
S~ncerely,
T~lor
Executive D~rector
TET/Iw
Encl Executed Contract Amendment
c Yvonne Jenkins, Mayor, C~ty of Argyle
Tom Waller, Board Representative, C~ty of Argyle
Blake Enghsh, President, UTRWD