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HomeMy WebLinkAboutResolution No. 04-33 RESOLUTION NO. 04- '~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE TEMPORARY SEWER SERVICE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT FOR SEWER COLLECTION AND TREATMENT SERVICES ON A TEMPORARY BASIS FOR THE AUSTIN RANCH DEVELOPMENT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and the NORTH TEXAS MUNICIPAL WATER DISTRICT (NTMWD) have entered into an Agreement such that the NTMWD is to provide the following services: SEWER COLLECTION AND TREATMENT SERVICES ON A TEMPORARY BASIS FOR THE AUSTIN RANCH DEVELOPMENT; and WHEREAS, thc City has determined that it is in the best interest of the City to enter into an Agreement with THE NORTH TEXAS MUNICIPAL WATER DISTRICT, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, the City of The Colony is agreeing to pay for such services as set out in the Agreement. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Agreement, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of Thc Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 17th day of May, 2004. ~_.hn Dillard, Mayor A~T~z~ ~~ {,/City o f The Colony, Texas Clm"~-e Wilson, City Secretary 63918 [CITY SEAL] APPROVED~/ 63918 STATE OF TEXAS § § TEMPORARY SEWER SERVICE AGREEMENT COUNTY OF DENTON § This agreement ("Agreement") is made by and between the City o£ The Colony, Texas (the "City"), and the North Texas Municipal Water District (the "District"), acting by and through their duly authorized representatives. RECITALS: WHEREAS, the District owns and operates a Regional Wastewater System and an Upper East Fork Interceptor System that can provide temporary customer (non- member) service; and WHEREAS, the City has requested District to provide, on a temporary basis, sewer collection and treatment services £or the development o£ approximately three hundred (300) acres in the Austin Ranch Development generally located south of McKamy Road within the City; and WHEREAS, in order to control water pollution, to protect, to improve and to enhance the water quality of the East Fork o£ the Trinity River and the water supplies impounded therein, District has provided City temporary sewer collection and treatment service £or the Austin Ranch Development for a limited time; and WHEREAS, City requests that District continue to provide City temporary sewer collection and treatment service for the Austin Ranch Development; and WHEREAS, it is deemed necessary and advisable by the parties hereto that this Agreement be executed so that the relationship between the District and the City with respect to temporary sewer service £or the Austin Ranch Development be set forth in this Agreement; Temporary Sewer Service Agreement - Page 1 64774 NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein and other valuable consideration the sufficiency and receipt of which, are hereby acknowledged the City and the District agree as follows: ARTICLE I PURPOSE District shall provide temporary sewer collection and treatment service to allow City to serve the limited geographic area called Austin Ranch Development, with City having the total responsibility to construct a system meeting all state and federal regulations and law necessary to transport and discharge City's sewer into District's wastewater system at the Indian Creek Lift Station located at the intersection of McKamy Trail and the Burlington Northern Railroad. District shall then transport the City's sewer through District's Upper East Fork Regional Interceptor System where District shall be responsible for treating the sewer in accordance with state and federal regulations and law. ARTICLE II RESPONSIBILITIES 2.1 City. A. All costs for the construction of the sewer collection system to serve the Austin Ranch Development, including facilities to transport and to connect to a point of access to District's wastewater system, metering vault stations, meters and contracts for power shall be the responsibility of the City. Ownership of the meters shall be vested with the District. B. Charges for service shall be calculated based on the greater of (1) an agreed minimum annual flow of 58,616,000 gallons or (2) City's actual Temporary Sewer Service Agreement - Page 2 64774 annual flow times the current unit cost per thousand gallons to member cities. C. Payments shall be made based on 1/12 of the Annual Budget or Adjusted Annual Budget as approved by District's Board of Directors. The first monthly payment due each fiscal year shall be twice the calculated monthly payment with no payment due during the last month of the fiscal year except that caused by adjustment based on actual flow or system expense. At the end of each fiscal year, any deficit shall be billed to City and any credit shall be applied to the billing for the next fiscal year. D. Invoices will be mail to City on the 1st of the month and should be paid by the due date of the 20th of the month. If the invoice has not been paid by the 1st of the following month, then it shall be considered delinquent and a ten percent (10%) additional charge will be added. In the event payment is not made within thirty (30) days from the date such payment becomes due, District may at its option discontinue service to City until amount due District is paid in full with interest as herein specified. E. All operation and maintenance costs on the system constructed by the City shall be the responsibility of the City. District shall be responsible, after testing and acceptance, for operating and maintenance (O&M) costs on the meters only. F. City shall provide District access to meters and controls on the meter station sites. Temporary Sewer Service Agreement - Page 3 64774 G. City shall be responsible for all permits and certificates required by the regulatory agencies for facilities built by City up to District's meter vault. 2.2 District. A. District shall bill City based on the current unit cost per thousand gallons to member cities. B. The meters shall be maintained by District in accordance with District's Standard Maintenance Policy for meters with City having the fight to request verification of the accuracy of the meters by witnessing District calibrations. Should disagreement arise regarding the accuracy of the meters, City has the fight to have an outside meter company evaluate the meters with District personnel once in any six (6) month period. Any meter adjustment shall not be for a time period greater than six (6) months. C. District shall operate the system in accordance with the North Texas Municipal Water District Upper East Fork Wastewater Interceptor System contract dated the 26th day of July 1984, and the North Texas Municipal Water District Trinity East Fork Regional Wastewater System Contract dated the 1st day of October 1975. D. District shall provide a point of access to connect to the system at the Indian Creek Lift Station; in the event that another point of access to the system is deemed appropriate, the parties will agree to such point of access. ARTICLE III LIMITATIONS 3.1 Thc following limitation shall apply to City: Temporary Sewer Service Agreement - Page 4 64774 A. The land area being served shall be only the area of the Austin Ranch Development. B. City agrees that the sewer discharged into District's wastewater system shall not exceed an average day flow of 660,667 gallons per day or a maximum day flow of 2,000,000 gallons per day. C. The sewer discharged into the District's wastewater system shall never exceed the following Normal Wastewater Concentrations: (1) 275 milligrams per liter BOD (Biological Oxygen Demand); (2) 300 milligrams per liter TSS (Total Suspended Solids); (3) pH, not less than six (6) or greater than nine (9); (4) 0.1 milligrams per liter Hydrogen Sulfide. D. The member cities of the North Texas Municipal Water District Regional Wastewater System shall have prior rights to the service of the system. ARTICLE IV OTHER 4.1 Title to all sewers shall be in City tmtil discharged into District's wastewater system, at which point title to such sewer shall pass to District. District has the right between parties to reuse wastewater discharged into District's wastewater system. To the extent that effluent produced by District's wastewater system is discharged to water courses of the State, the right of City to reuse such effluent is terminated and District shall have the right between parties, pursuant to necessary authorization of the State, to reuse such discharged effluent. 4.2 City agrees to provide District a copy of the City's Wastewater Master Plan prior to any future request for sewer collection and treatment service. Temporary Sewer Setwice Agreement - Page 5 64774 4.3 City and District acknowledge that City has discharged a total of 155,900,000 gallons of sewer into District's wastewater system from November 1, 2000 through March 31, 2004. City and District also acknowledge that City has not compensated District for providing temporary sewer collection and treatment services for such sewer discharged by the City into District's wastewater system. Therefore, it is agreed between the parties hereto that City shall make payment to District in the amount of Two hundred five thousand, three hundred and forty-one dollars and no cents ($205,341.00) for such temporary sewer service previously provided by District to City. City shall compensate District for its services as set forth in Section 2.1 (B) beginning on April 1, 2004. 4.4 It is specifically agreed and understood that upon execution of this Agreement, that this Agreement will supersede all contracts, agreements, and arrangements between the parties hereto with respect to sewer collection and treatment service for the Austin Ranch Development and that all such previous contracts, agreements, and arrangements shall be void and of no force or effect except for payments due as set forth in Section 4.3. ARTICLE V TERM 5.1 The effective date of this Agreement shall be the date that this Agreement is approved by the North Texas Municipal Water District Board of Directors and shall terminate upon the earlier of (1) four (4) years from the date of this Agreement, or (2) upon completion of construction of necessary facilities by the City to accommodate the sewer flows set forth in this Agreement. Should this Agreement not be executed by City by June 1, 2004, this agreement shall be Temporary Sewer Service Agreement - Page 6 64774 declared null and void and any and all temporary sewer collection and treatment services provided by District for City shall be discontinued. THIS AGREEMENT APPROVED BY THE NORTH TEXAS MUNICIPAL ~.ATER DISTRICT BOARD OF DIRECTORS at its Regular meeting on the ~ [:lay of  2004, with authorization for execution by the President and Secretary of the NORTH TEXAS MUNICIPAL WATER DISTRICT THIS AGREEMENT REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY in a Regular meeting on the / '~ day ofa~e~e 2004, with authorization for the Mayor and City Secretary to execute the t on behalf of the City of The Colony. CITY OF THE COLONY, TEXAS CHRISTIE WILSON, City Secretary DALE CHEATHAM, City Manager APPRO~)RM: By: ~,~'/~f. ~~/ RO'~ERT 1~. l-l~:C~-ty Attorney Temporary Sewer Service Agreement - Page 7 64774 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the /7 day of /~ v jj , 2004 by Dale Chcatham, City Manager of thc City of The Colony, Texas, on behalf of said municipality. My Commission Expires: ~/~- DIST~CT'S AC~O~EDGMENT STATE OF TE~S cow or This ins~t w~ ac~owledged before mc on ~c ~Q~y of ~ , 2004 by M~in Fuller, President of thc Nodh Texas M~cipal Water Distdct, on behalf of said DisMct. Notary Public, State of Texas My Commission Expires: Temporary Sewer Service Agreement - Page 8 64774