Loading...
1957-04-18 CC MinutesMINUTES OF A SPECIAL MEETING OF THE BOARD OF COUNCIL NEN FARMERS BRANCH, TEXAS APRIL 182, 1957 The City Council met in a Special Meeting on April 18, 1957s at the City Hall with the following present: Mayor Lawson Lewis Councilmen Thomas Reeder Janes Brodhead John Wilsey DeWayne White Councilman Mallon was absent. 1 i~ 1957 BOARD OF F~QUALIZATION resolution was passed appointing George Hixon, Robert Langdon and Edward Musselman as members of the 1957 Board of Equalization. MT. Hixon was appointed Chairman. This motion was made by Councilman Wilsey, seconded by Councilman Brodhead. BIDS ON DENTON DRIVE SEWER LINE & WATER LINE TO CABELL SCHOOL Mr. Clay P. Carey Company submitted the lowest bid for the sewer line-on Denton Drive and a water line to serve the school near Chapel Hill Addition. This company is to furnish all labor and material except fire hydrants. The unit prices are as follows: 1. 6" M. J. C. I. Pipe 2. M. J. Fittings 3. Wet Connection 4. 6" Gate Valves and Boxes 5. Install Fire Hydrants 6. 6" V. C. Sewer Pipe, 01-61 Cut 7. 6" V. C. Sewer Pipe, 61-18 Out 8. 8" V. C. Seger pipes 0t-6i Cut 9. 8" V. C. Sewer Pipe, 61-81 Cut 10. 8" V. C. Sewer Pipe, 81-101 Cut 11. 8" V. C. Sewer Pipe, 101-121 Out 12. Standard Manholes, 6' Depth 13. Extra Depth Manholes 14. Additional for Drop Manhole 15. 8" X, 4" Wes @$ 2.55 per L. F. 0 0.225 per Lb. ® 200.00 each ® 85.00 each 20.00 each ® 1.25 per L. F. 0 1.35 per L. F. ® 1.45 per L. F. 0 1.60 per L. F. ® 2.00 per L. F. @ 2.50 per L. F. @ 150.00 Each ® 25.00 per L. F. ® 40.00 Each 2.50 Each All workmanship and materials will be in accordance with the Specifications of our existing Contract for the "Construction of Sanitary Sewer Main and Sanitary Sewage Lift Station and Appertenances" and as directed by Joe J. Rady Co., Consulting Engineer. 37 If this proposal meets with your approval, please add this additional work to our existing Contract. The motion to accept the Carey Company bid was made by Councilman Brodhead, seconded by Councilman Reeder. All approved. T. R. A. CONTRACT The Trinity River Authority Contract on a Sewage Treatment Plant and Sewage System were discussed by Engineer Joe Rady, Attorney Otrthe City, Louis Nichols and Mr. Decker Jackson, of the T. R. A. Mr. Rady's letter of explanation is on the following page. Mr. Nichols told the Council that he had checked all the legal points of the T. R. A. Contract and found it to be satisfactory for the City of Farmers Branch. The ordinance and contract follows Engineer Rady's letter. After the Contract was signed the meeting adjourned at 10:15 P.M. I 1 38 City Secretary 4 D JOE J. RADY & CO. CONSULTING ENGINEERS 511.I5 INSURANCE BUILDING FORT WORTH 2. TEXAS April 18, 1952 Honorable Mayor and City Council City of Farmers Branch Farmers Branch„ Texas RE: Proprosed Contract betteen Trinity River Authority and City of Farmers Branch for Sewage Treatment. Gentlemen: In accordance with your instructions we have studied the pro- posed contract between the Trinity River Authority and the City of. Farmers Branch under which the former proposes to provide f acitlities for the transportation and treatment of all sewage from the City of Farmers Branch. The Authority proposda to provide the same service for the cities: of Grand Prairie and Irving and for a portion of the City of Dallas.. Under the contract the four participating cities would finance the construction and operation of the entire under- taking through payment of charges to the Trinity River Authority for the service rendered, at rates set up in the. contract. We:have also reviewed the Engineering Report covering this project prejkared by Forrest & Cotton for the Trinity River Authority. In the course of our study we had individual conferences with the City Managers of Grand Prairie and Irving and a general conference attended by Mr. James Cotton and Mr. Karl Hoefle, both of the firm of Forrest & Cotton, consulting engineers for the Authority; Mr. Decker Jackson, fiscal agent for the Authority; Mr. Graeser and Mr. Crossman, repre- senting the City of Dallas: and Mr. Nichols, attorney for your City. Basted on these studies we submit to you the following findings and recommendations: (1) We find that the maximum sewage flow allowance of 2.2 million gallons per day will be adequate to serve a population of approximately 25,000 at the expected per capita flow of sewage. This contemplates no large industrial. development in Farmers Branch. However, under the contract it will be possible to serve large industrial development and population in excess of 25,000 in two ways; namely, Farmers Branch contracting with one or more of the other participating cities for the purchase of any unused portion of, the facilities allocated to those cities, or (b) by Farmers Branch requesting the Authority to build additional facilities to be financed, as.far as possible, from the City's prorata share of the surplus funds: in the Authority's Contingency Reserve Fund. The contradt further allows the City to sub-contract with other cities for the use of any available capacity of 39 page 2-Farmers Branch the system allocated to Farmers Branch.. Thus it would be possible for Farmers Branch to contract to furnish sewer service to the City of Addison. (2) The contract provides that the City of Farmers Branch may obtain a second point of discharge of sewage to the Authori- tys system at a point between the Farmers Branch lift station now under construction and the Elm Fork of the Trinity River. (3) The provisions of the contract defining and limiting the strengthr quality and quantity of the sewage permissible to be diacharged.to the Authority's system are not unduly restrictive or to the disadvantage of the City. (4) We believe that the proportion of the capacity of the system allocated to Farmers Branch and the proportion of the capital and operating costs charged.to,Farmers Branch are not inequitable but rather somewhat more favor- able to Farmers Branch than to the other cities. We found that this opinion is shared by the officials of both Grand :Prairie and Irving. (5) We believe that the estimates of the construction and operating costs of the proposed system as set out in the Engineering Report of Forrest & Cotton are adequate and reasonable. (6) It is our considered opinion that the best interest of Farmers Branch will be servedd by entering into.this, contract with the Trinity River Authority. The City will save on capital expenditures and operating costs. Also, the City will be relieved of the difficult task of pro- ducing ate: all times a treated sewage effluent acceptable to the State Health Department as being in satisfactory condition to discharge into the Dallas, water supply. Respectfully submitted r 0 JJR:br JOE J. RADY & COMPANY Consul1inngg Engineers 40 THE STATE OF TEXAS COUNTY OF DALLAS CITY OF FARMERS BRANCH : On this the 16th day of April , 1957s the City Council of the City of Farmers Branch, Texas, convened in special Meeting, at the regular meeting place, with the following members present, to-wit: Lawson Lewis, Mayor Thomas Reeder, Councilman John Wilsey, Councilman Dewayne White, Councilman Janes Brodhead, Councilman and with the following absent: H. N. Mallon, Councilman , constituting a quorum, at which time the following proceedings were had: Councilman Wilsey introduced for the consideration of the City Council an ordinance. The ordinance was read in full by the City Secretary. Councilman Wilsey made a motion that the ordinance be passed. The motion was seconded by Councilman Brodhead . The motion carried by the following vote: AYES: Councilmen Wilsey, Reeder, Brodhead and White and Mayor Lewis NAYS: Councilmen None , The ordinance as passed is as follows: ORDINANCE -0 15 *x- Authorizing the designated official of the City of Farmers Branch (herein called "City") to execute a contract with Trinity River Authority of Texas, (herein called "Authority") in the form as incorporated herein, under the terms of which Authority will construct and 41 operate a Sewage Treatment Plant and other equipment and facilities and will perform services for the City in receiving, transporting, treating and disposing of Sewage in quantities, of quality and for the considera- tion expressed therein, prescribing the duties of certain officials of the City, ordaining other pro- visions related to the subject, and declaring an emergency. WHEREAS, the City owns its water and sanitary sewer system and is in need of additional service for the transportation, treatment and disposal of sewage; and WHO, heretofore the City, pursuant to a resolution adopted by the City Council did on December 17, 1956 execute a Letter of Intent which was accepted by Trinity River Authority of Texas on January 39 1957, under which the parties agreed to execute later a definitive contract obliga- ting the Authority to provide and operate and maintain sewage transportation, treatment and disposal services rich would serv6 City and three other cities (Dallas, Irving and Grand Prairie) and obligating City to make payments out of and constituting an operating expense against City's water and sewer revenues, to or for the benefit of Authority over a term of years; and WHEREAS, the form of such Contract has been prepared and has been considered by this body; and 11HER,EAS, the parties hereto recognize these facts: (a) That Authority will use the payments to be received under this Contract for the payment of its maintenance and operating expenses and for the payment of the principal of,and the interest on Authority's bonds and for the establishment and maintenance of reserves for such bonds; and that the revenues under this Contract will be pledged to such purposes; and (b) That contracts similar to this instrument will be exe- cuted between Authority and respectively the Cities of Dallas.. Irving and Grand Prairie, which cities will be served also and similarly by the Authority's System; and (c) That Authority is preparing to issue and sell its revenue bonds in the amount of $7065,000.00, to bear interest at the rate or rates, maturing, being subject to options of redemption, and supported by covenants which will be prescribed in Authority's resolution authorizing such bonds and in the Trust Indenture securing then, which Mattuments will not be authorized and executed prior to approval by the governing body of the City; and (d) That heretofore the City has combined and consolidated its water and sanitary sewer systems and since such action, and pursuant to authorizing election, has issued its revenue bonds supported by a pledge of the revenues from its combined system, thus rendering the fund of the system indivisible; and (e) That it is in the interest of the City and its inhabi- tants to provide: a more adequate means of preventing contamination of water supplies; an increase of the amount of water available for domestic and municipal use; that assurance by Authority that the service performed by it will meet the standards of all applicable State and Federal laws in reference to 42 stream pollution; and further economy in the treatment and disposal of sewage, all without the necessity on the part of the City to make the capital improvements involved; and WHEREAS, the City Council has considered the form of such proposed Contract as presented in the meeting; and WHEREAS, such instrument when executed will constitute the definitive contract between the parties as contemplated in the Letter of Intent; and WHEREAS, it is now proper that the Contract be executed; BRANCH: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS Section 1. The declarations and findings made in the preamble to this ordinance are expressly make a part of such ordinance with like effect as if appearing after the ordaining clause thereof. Section 2. That such instrument be executed immediately and whvn executed by Authority to constitute the act and deed of the City. Section 3. That said Contract as executed on the part of the City be incorporated herein,'to-wit: THE STATE OF TEXAS : COUNTY OF DALLAS : THIS CONTRACT (hereinafter called the "Contract" made and entered into as of the _18th day of April , 1957, by and between Trinity River Authority of Texas, an agency of the State of Texas and a water conserva- tion district, created by Chapter 518, Acts of the Regular Session of the 54th Legislature (hereinafter called "Chapter 518"), pursuant to Article 16, Section 59 of the Constitution (hereinafter called the "Authority"), and the City of Farmers Branch, Texas, a municipal corporation in Dallas County, Texas, acting under the laws of the State of Texas, and acting under its Home Rule Charter (hereinafter called the "City"); W I T N E S S E T H: WHEREAS, City owns its water and sanitary sewer system and is in need of additional facilities to serve a part of its area for the trans- portation, treatment and disposal of sanitary sewage, industrial waste and other wastes (hereinafter is Section 1 defined as "Sewage"); and WHEREAS, pursuant to a Letter of Intent executed by City and the authorizing resolution which itself is a part of such Letter of Intent, both dated December 17, 1956, accepted by Authority January 3, 19572 the parties agreed to enter a definitive contract under which Authority will provide the facilities, hereinafter more fully defined as "Authority's System" into which it will receive from City for transportation, treatment and disposal of certain "Sewage" under the terms and conditions to be more fully prescribed in such definitive contract; and 43 WHEREAS, this instrument constitutes the definitive "Contract" between the parties as contemplated in said Letter of Intent; and WHEREAS, the parties hereto recognize these facts: (a) That Authority will use the payments to be received under this Contract for the payment of its maintenance and operating expenses and for the payment of the principal of and the interest on Authority's bonds and for the establishment and maintenance of reserves for such bonds; and that the revenues under this Contract will be pledged to such purposes; and (b) That contracts similar to this instrument will be executed between Authority and respectively the Cities of Irving, Dallas and Grand Prairie, which cities will be served also and similarly by the Authority's System; and (c) That Authority is preparing to issue and sell its revenue bonds in the amount of $7,365,000.00, to bear interest at the rate or rates, maturing, being subject to options of redemption, and supported by covenants which will be prescribed in Authority's resolution authorizing such bonds and in the Trust Indenture securing them, which instruments will not be authorized and executed prior to approval by the governing body of the City, all of such bonds and any refunding bonds issued in lieu thereof being hereinafter referred to as the "Bonds"; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, AUTHORITY AGREES TO PROVIDE AND CITY AGREES TO PAY FOR TRANSPORTATION, TREATMENT AND DISPOSAL SERVICES for "Sewage" (as defined in Section 1), upon terms and conditions and for the consideration hereinafter set forth, to wit: 1. Definitions. Terms and expressions as used in this Con- tract, unless the context shows clearly otherwise have meanings as follows: "Authority's System" means the facilities for collecting, pumping, treating and disposing of "Sewage" (as defined in this Section) which Authority is obligated to receive under the terms of this Contract, as described in the Engineering Report, dated November 22, 1956, of Forrest & Cotten, Author- ity's Consulting Engineers, (a copy of which, indentified on the final page thereof by signatures of John Gray, City Manager, and James A. Cotten, having been filed in the office of the City Secretary) under Scheme 2 of Phase I thereof, involving the construction of interceptor sewers and pump stations estimated to cost $2,751,000.00, a sewage treatment plant estimated to cost $4,199,000.00 and providing for interest during construction estimated at $415,000.00, making a total estimated capital expenditure of $7,365,000.00. Authority's System as described in the Engineering Report will be enlarged by the addition of a 30 inch interceptor in Bear Creek Valley from a point on the West Fork Interceptor to the Rock Island Railroad provided construction cost of Authority's Systems is less than estimated by an amount sufficient to permit such addition without exceeding the amount to be included for construc- tion in the $7065,000.00 bond issue. "Sewage" means a combination of the water-carried wastes from residences, business building, institutions, and industrial establishments, together with such infiltration water as may be present. "Sewage Treatment Plant" being a part of Authority's System, means any arrangement of devices and structures used for treating Sewage. "Sanitary Sewage" means Sewage discharged from the sanitary conveniences of dwellings and other buildings. "Industrial Waste" means the liggid wastes from industrial processes, as distinct from Sanitary Sewage. "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce. "Properly Shredded Garbage" means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. "B.O.D." (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 200 C., expressed in parts per million by weight. "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Suspended Solids" means solids that gather float on the surface or are in suspension in water, Sewage, or other liquids, and which are removable by laboratory filtering. "Grease" means fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and other non-fatty materials. "Infiltration" means the water which leaks into a sewer through defective 36ints, breaks in pipes, or porous walls. "Meter" means any weir, nozzle, flume or other device used to measure Sewage discharged to the Authority's interceptors, "Trunk Sewer" means any sewer in which Sewage from collecting and lateral sewers is concentrated and conveyed to the Authority's interceptors or pump stations. "Shall" is mandatory; "May" is permissive. "Basic Annual Operation and Maintenance Expense" shall be the annual cost of administration, labor, power, chemicals, engineering and legal expense and any other supplies and services necessary for the proper operation and maintenance of Authority's System when it is receiving the "System Base Quantity" (as defined in Section 2). "Incremental Operation and Maintenance Expense" shall be the cost per 1,000 gallons of pumping, transporting, treating and disposal of Sewage in excess of the "System Base Quantity" (as defined in Section 2). 45 "Contract Year" means the 12 months period commencing on the date that Authority's System is ready and able to receive City's "Base Quantity" of Sewage and each succeeding 12 months period during the term of this Contract. 2. Base Quantity, In consideration of the base or minimum payments to be made by City under Section 7 hereof, City is entitled to discharge into Authority's System at the "Points of Entry" as defined in Section 4 hereof, Sewage during any calendar year while this Contract is effective, acceptable as to quality under the terms of Section 3 hereof, in the quantity of an average of 989,000 gallons per day for an annual total of 360,895,000 gallons, which constitutes "Base Quantity" of City. The City will be charged for such minimum service irrespective of the amount within said allowance which may be delivered by the City. An additional charge will be made to the City to cover Authority's operating and maintenance costs for receiving and handling quantities in excess of the base quantity specified hereinabove in this Section; such charges to be determined in the manner here- inafter set out in Section 7. "System Base Quantity" shall be the sum of the Base Quantities of the several Constituent Cities. 3. Quality. The obligation of Authority to receive into Authority's System such Sewage depends upon compliance by City with the provi- sions of this Section. A. General Objectives of (duality Requirements. In order to permit the Authority to properly treat and dispose of the City's Sewage; to protect the public health; and to permit cooperation with other agencies which have requirements for the protection of the physical, chemical., and bacteriological quality of public water and water courses, City agrees: (a) To prohibit either or both volumes and rates of flow of sewage into the Authority's System in excess of that permitted under Sections 4 and 7 of this Contract; (b) To prohibit the contribution of Sewage which may cause maintenance difficulties in the Authority's System; (e) To prohibit the contribution of Sewage which may cause operating difficulties at the Sewage Treatment Plant of the Authority; (d) To prohibit the contribution of Sewage which require for treatment at such plant greater expenditures than are required for equal volumes of raw and domestic sewage; (e) To require the treatment before introduction into the Authority's System of such wastes as may otherwise impair either or both the strength and durability of the structures and facilities of Authority's System by direct or indirect chemical action. B. Admissible Discharges into Authority's System. Discharges into the Authority's System shall consist only of 46 Sewage, Properly Shredded Garbage, Industrial Waste and other waste free from the prohibited constituents listed in Sub-section C and limited in B.O.D., Suspended Solids, dissolved sulfides, and pH as hereinafter provided. C. Wastes Not Admissible. Gasoline; cleaning solvents; oils; greases; mineral oils; ashes; cinders; sand; gravel; tar; asphalt; ceramic wastes; plastics; other viscous substances; feathers; hair; rags; metal; metal; metal filings; glass; wood shavings; sawdust; unshredded garbage; toxic, corrosive, explosive or malodorous gases; acetylene generation sludge; cyanides or cyanogen compounds capable of liberating hydro-cyanic gas on acidification in excess of 2 ppam by weight as CN; radioactive materials which will permit a transient concentration higher than 100 microcuries per liter; emulsified oil and grease; exclusive of soaps; exceeding on analysis an average of 100 ppm of ether-soluble matter; acids or alkalis having a pH value lower than 6 or higher than 10.0; salts of the heavy metals in solution or suspension exceeding 3 ppm of the following metals: Chromium as Cr., Copper as Cu., Zinc as Zn., Nickel as Ni. and cadmium as Cd. D. Biochemical Oxygen Demand B.O.D. B. 0. D. of Sewage delivered to Authority's System, as determined by standard methods, shall not exceed 250 ppm. E. Suspended Solids. Suspended Solids delivered to the Authority's Systems as determined by Standard methods, shall not exceed 300 ppm. F. H o en Ion Concentration (pH) The pH of Sewage delivered to Authority's System shall be not lower than 6.0 nor higher than 10.0. No acids shall be discharged into Authority's System. Acid wastes must be neutralized to a pH of 6 or more. G. Hydrogen Sulfide Concentration. Dissolved sulfides in Sewage at the point of delivery to the Authority's System shall not exceed 0.1 ppm. 4. Points of Entry and Rates of Delivery. Sewage meeting the requirements of Section 3 will be received into Authority's Elm Fork Interceptor only at the Farmers Branch Lift Station an average rate of 2.20 million gallons per day and a maximum of 9.63 million gallons per day. By mutual consent of Authority and City, The Point of Entry as set forth hereinabove may be changed, provided that the proposed change is within the design capacities of the interceptors affected by the change and do not adversely affect the rights of other Cities. For convenience in this Contract the expression Points of Entry and Point of Entry are used interchangably. 5. Metering of sewage. Authority will furnish, install, operate and maintain at its 47 own expense at each Point of Entry the necessary equipment and devices of standard type for measuring properly all Sewage, to be discharged under this agreement. Such meters and other equipment shall remain the property of the Authority. City shall have access to such metering equipment at all reasonable times for inspection and examination, but the reading, calibration, and adjust- ment thereof shall be done only by employees of agents of Authority. All readings of meters will be entered upon proper books of record in the office of Authority. Upon written request City may have access to said record book in the Office of Authority during reasonable business hours. Not more than three times in each year of operation, Authority shall calibrate its meters if requested in writing by City to do so, in the presence of a representative of City , and the parties shall jointly observe any adjustments which are made to the meters in case any adjustment is found to be necessary. If, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five (5%) per cent, registration thereof shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. If, for any reason, any meters are out of service or out of repair so that the amount of Sewage discharged cannot be ascertained or computed from a reading thereof, the amount of Sewage discharged during the period such meters are out of service or out of repair shall be estimated and agreed upon by the parties hereto on the basis of the best data available. City may, at its option and its own expense, install and oper- ate a check meter to check each meter installed by Authority, but the measure- ment for the purpose of this agreement shall be solely by Authority's meters, except in the cases hereinbelow in this Section specifically provided to the con- trary. All such check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of Authority, but the reading, calibration and adjustment thereof shall be made only by City, except during any period when a check meter may be used under specific written consent by Authority for measuring the amount of Sewage de- livered into Authority's System, in which case the reading, calibration and adjustment thereof shall be made by Authority with like effect as if such check meter or meters had been furnished or installed by Authority. 6. Unit of Measurement. The unit of measurement for Sewage delivered hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure. 7. Payments and Terms. A. The City of Farmers Branch shall pay to the Trinity River Authority, for services rendered by Authority, the following minimum amounts: For the first year of operation the monthly payments hereunder shall be 1/12th of 4.79% of the Basic Annual Operation and Maintenance Expense estimated to be $131,000.00 plus 1/12th of 5.160% of 1.5 times the principal and interest requirements on the bonds. 48 For the second year of operation, the monthly payments here- under shall be 1/12th of 5.13% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 5.590% of 1.5 times principal and interest requirements on the bonds. For the third year of operation, the monthly payments here- under shall be 1/12th of 5.57% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 6.020% of 1.5 times principal and interest requirements on the bonds. For the fourth year of operation, the monthly payments here- under shall be 1/12th of 6.07% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 6.440% of 1.5 times principal and interest requirements on the bonds. For the fifth year of operation, the monthly payments here- under shall be 1/12th of 6.49% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 6.88% of 1.5 times principal and interest requirements on the bonds. For the sixth year of operation, the monthly payments here- under shall be 1/12th of 7.05% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.777% of 1.3 times principal and interest requirements on the bonds. For the seventh year of operation, the monthly payments here- under shall be 1/12th of 7.21% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the eighth year of operation, the monthly payments here- under shall be 1/12th of 7.29% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the ninth year of operation, the monthly payments here- under shall be 1/12th of 7.36% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the tenth year of operation, the month3.y payments here- under shall be 1/12th of 7.45% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the eleventh year of operation, the monthly payments hereunder shall be 1/12th of 7.48% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bones. For the twelfth year of operation, the Mpnthly paents hereunder shall be 1/12th of 7. of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. 49 For the thirteenth year of operation, the monthly pay- ments hereunder shall be 1/12th of 7.52% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the fourteenth year of operation, the monthly pay- ments hereunder shall be 1/12th of 7.52% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the fifteenth year of operation, the monthly pay- ments hereunder shall be 1/12th of 7.52% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the sixteenth year of operation, the monthly pay- ments hereunder shall be 1/12th of 7.52% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the seventeenth year of operation, the monthly pay- ments hereunder shall be 1/12th of 7.52% of the Basic Annual Operation and Maintenance Expense plus 1/12th of 7.78% of 1.3 times principal and interest requirements on the bonds. For the eighteenth year and each year thereafter so long as any of the bonds issued hereunder are outstanding, the monthly payments shall be 1/12th of 7.33% of the Basic Annual. Operation and Maintenance Expense plus 1/12th of 7.33% of 1.3 times principal and interest requirements on the bonds. B. (a) The above and foregoing payments shall continue as set forth above until such time as there is accumulated in the Reserve Fund for Bonds (See Section 12) a sum which, together with funds received from the other cities, shall be equal to the principal and interest requirements cal- culated to ultimate maturity of the Bonds on the outstanding Bonds. (b) For the above minimum payments, Authority will provide service consisting of its readiness to receive from City and City will be entitled to deliver Sewage, complying with the requirements of Section 3 into the Authority's System at the rate of 360,895,000 gallons annually; amounts delivered into the system in excess thereof in any one year shall be paid for at the Incremental. Operation and Maintenance Expense estimated to be 1¢ per 1,000 gallons for the first Contract Year, such amount to be payable within fifteen (15) days after the close of each year, being an anniversary of the date of commencement of operation. C. The maximum quantity City will be entitled to deliver into the Authority's System is 802,744,000 gallons annually. D. (a) Payment of the minimum annual service charges specified hereinabove in this Section 7 shall be made by City to Authority for each year in twelve equal monthly installments, except that payment for the excess over and above the minimum annual service shall be paid during the first month following the Contract Year in which such excess service is ±iendered. 50 The statement as to the amount of such excess service shall be rendered by Authority to City on or before the 5th day of such month and payment of such amount shall be made by City on or before the 25th day of such month. As to the payment of monthly installments of the charge made for minimum service Authority, prior to commencement of service, shall inform City of the total payment to be made for the twelve months comprising the first Contract Year. Not later than the 5th day of the month following the close of the first Contract Year Authority will inform City in writing as to the amount of the expense of operation and maintenance of Authority's System for the preceding year which figures shall be controlling for the current Contract Year of operation in determining the monthly payments to be made by City to Authority on account of operation and maintenance expense. The remittance to be made by City during the first month of each Contract Year shall be made on or before the 25th day thereof. All other monthly remittances shall be made on or before the 10th day of the month following that in which the service shall have been rendered. The amount to be paid by City on account of maintenance and opera- tion expense of Authority's System shall be determined as provided in Paragraph (c) of the Sub-section D. Authority shall give City not less than 30 days written notice of the date on which City will be authorized to release Sewage at the Points of Entry. Liability for making payments as herein set forth shall commence on the date ea fixed irrespective of the date thereafter when City shall avail itself of such privilege. The first payment shall be due by City on or before the 10th day of the month following the month in which such service shall have become available and for the fractional part of the month remaining after such date. The first statement to be rendered by Authority shall reflect the amount to be remitted by City taking into consideration the fact that service may have been rendered for a fractional part of a calendar month. (b) In the event that City shall fail to make any such monthly payment or annual payment within the time herein in this Section 7 specified, interest on such amount shall accrue at the rate of 5% per annum from the date such payment becomes due until paid in full with interest as herein specified. In the event such payment is not made within sixty (60) days from the date such payment becomes due Authority may at its option discontinue such service to City until the amount due Authority is paid in full with interest as herein specified. (c) The Basic Annual Operation and Maintenance Expense is estimated to be $131,000.00. It also is estimated that the Incremental Operation and Maintenance Expense will be 1¢ for each 1,000 gallons of Sewage received by Authority's System in excess of the System Base Quantity. These costs shall be used in establishing City's payment for the first Contract Year. At the end of the first Contract Year and annually thereafter.. Authority shall review the cost of operation and maintenance and establish rates for the current Contract Year both for the Basic Annual Operation and Maintenance Expense and the Incremental Operation and Maintenance Expenae which shall be submitted to and approved by City. Approval by the City shall not be unreason- ably withheld and action by the City shall be within fifteen (15) days after receiving advice of such rates. Such rates shall be sufficient to permit proper and adequate operation and maintenance of Authority's System. City shall have the right to examine the books and records of Authority for the purpose of satisfying itself as to the correctness of the rates thus fixed by the Authority in the event of a dispute to 96ek a review 51 of the rates by the Authority and, if considered necessary by City, it reserves the right to seek a judicial review. Meanwhile the rates thus fixed by the Authority, until and unless revused will remain in effect. (d) After all bonds and interest thereon are paid the Board of Directors of Authority shall in like manner on or before five days following the close of each Contract Year fix rates which shall be applicable for the then current Contract Year in an amount sufficient to assure payment of maintenance and operation expenses of Authority's System and to pay for such improvements and extensions as in the opinion of Authority after con- ference with City and the other Constituent Cities be deemed advisable. 8. Special Conditions. (a) Authority agrees to proceed promptly with the construction of the facilities necessary to the performance of its obligations hereunder. It is not in position to guarantee the date on which it will be able to receive the first Sewage from City. But Authority is making a delegent effort to have its facilities completed to Points of Entry so as to provide such service to City Eighteen (18) months after the sale and delivery of Authority's Bonds. Authority shall not be liable to the City for any damages occasioned by delay in the commencement of such service to City. After Authority has notified City of readiness to accept such Sewage, at Points of Entry, Authority shall, subject to other terns and conditions of this Contract, continually hold itself ready, willing and able to supply such service to City to the extent of the maxima amount specified herein. Liability of the Authority under this covenant shall be subject to the provisions of Section 10 of this Contract. (b) Title to all Sewage, supplied hereunder shall remain in City to Points of Entry, and upon passing through Authority's meters installed at Points of Entry title thereto and to all effluent therefrom shall pass to Authority. As between the parties, each party hereto agrees to save and hold the other party harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the transportation, delivery and disposal while title remains in such party. This covenant is not made for the benefit of any third party. (c) Authority takes the responsibility as between the parties hereto for the proper transportation, treatment and disposal of all such Sewage received by it, in accordance with law, and the responsibility of and right to ownership of the effluent fran such operation. (d) It is expressly understood and agreed that any obliga- tion on the part of the Authority to complete and operate the said facilities shall be conditioned upon the following: (1) The execution of similar contracts with the Cities of Dallas, Grand Prairie and Irving; (2) Sale of Bonds in an amount to assure construction of Authority's System; (3) Authority's ability to obtain all material, labor and equipment necessary for completion of Authority's System; 52 (e) Authority shall never have the right to demand payment by City of any obligation assumed by or imposed on it under and by virtue of this Contract from funds raised or to be raised by taxation. City's obligation under this Contract shall never be construed to be a debt of City of such kind as to require it under the Constitution and laws of this State to levy and collect a tax to discharge such obligation, it being expressly understood by the parties hereto that all payments due by the City hereunder are to be make from water and sanitary sewer revenues received by City. (f) City represents and covenants that all payments to be made hereunder by it shall constitute "Operating Expenses" of its waterworks and sanitary sewer system as authorized by the laws of Texas, including legislation which may be passed during the current Session of the 55th Legisla- ture and as defined in Article 1113 of the Revised Civil Statutes of Texas as amended. (g) City agrees to fix and collect such rates and charges for water and sanitary services to be supplied by its waterworks and sanitary sewer system as will make possible the prompt payment of all expenses of operating and maintaining its waterworks and sanitary sewer system, including all payments contracted hereunder, and the prompt payment of the principal of and interest on its obligations payable from the revenues of its waterworks and sanitary sewer system. (h) All revenues received by Authority from the operation of Authority's System shall be credited to the funds of the System.. Authority will operate such system in accordance with accepted good business practices. 9. A. Approximately thirty (30) days before Authority determines that its facilities for service will be available to City it shall request City and City shall furnish to Authority under Certificate, information including the following: (a) The number of active domestic sewer connections tributary to Authority's System and which will be served by Authority's System; (b) The number of commercial and business sewer connections to be served by Authority's System; (c) The number of industrial connections to be served by Authority's System, with name and location of each. Thereafter not later than the 15th day of each succeeding month City shall furnish Authority a written list showing by category as listed above, the number of new services added since the last previous notification and the number permanently dis- connected, if any. The purpose of this provision is to permit Authority to accumulate statistical data xhich will enable it to render better service and facilitate plans for bettertent and future facilities expansion. B. The effects of certain types of Industrial Waste upon sewers and sewage treatment processes are such as to require that careful consideration be made of each industrial connection. It is a matter of concern both to Authority and to City operating lateral and collecting sewers. Accordingly, the engineers of Authority and of City will work jointly in processing applications for discharge of Industrial Waste into any sewers 53 1 ultimately discharging into Authority's System. The City will authorize discharge of Industrial Waste to its sewers subject to the general provisions that no harm will result from such discharge and subject to the filing by applicant industry of a statement, copy of which shall be forwarded to Authority, showing the average analysis of the waste it wishes to discharge. To facilitate inspection and control of Industrial Waste industries must separate Industrial Waste from Sanitary Sewage until such Industrial Waste has passed through an inspection manhole, the manhole to be located so as to be accessible at all times to inspectors of Authority and of City. If inspection indicates that damage may be resulting from the discharge the permit shall be revoked unless and until the industry promptly establishes seccessful remedial measures. An industry in City seeking to connect to City laterals will make an application for an Industrial Waste Disposal Permit and shall file therewith a statement containing the following information: (a) Name and address of applicant; (b) Type of Industry; (c) Quantity of plant waste; (d) Typical analysis of the waste; (e) Type of pre-treatment proposed. A copy of such application shall be transmitted immediately to Authority. At regular intervals Authority will collect twenty-four (24) hour composite samples of all Sewage at each Point of Entry and cause same to be analyzed by A.P.H.A. Standard Methods. Such Sewage shall not exceed the limits of concentration specified below: B.O.D. 250 ppm Suspended Solids 300ppn pH, not less than 6 nor greater than 10 Hydrogen Sulfide 0.1 ppm 1 Should the analysis disclose concentrations higher than those listed, Authority will at ones inform City of such disqualification. It shall be the obligation of City to require the offending originator of said highly concen- trated materials to undertake remedial pre-treatment before discharge into the City sewers. The engineers of Authority will cooperate with engineers of City in reaching a satisfactory solution but will not undertake to specify the pre- treatment process to be employed. In some borderline cases of excessive strength of Industrial Waste the industry originating, and the City may be desirous and the Authority may be agreeable to negotiating terms under which Suthority will accept and treat the over-strength waste, but Authority makes no cca nitment to perform such service. 10. Force Ma eure. either party hereto shall be rendered its obligations under this agreement 54 In case by reason of "Force Majeure" unable wholly or in part to carry out then if such party shall give notice and full particulars of such "Force Majeure" inwriting to the other party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such "Force Majeure", shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of goverment and people, civil disturbances, explosions, breakage or accidents to machinery, pipe lines or canals, partial or entire failure of water supply, and inability on part of City to provide water necessary for operation of its water and sanitary sewer system hereunder, or of Authority to receive Sewage on account of any other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above require- ment that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Force Majeure shall not relieve City of its obligation to make payments to Authority as required under Section 7, except for a pro rata reduction based on the number of days such service is not so rendered, each day being considered as 1/365 of a Contract Year. 11. Insurance. The Indenture which will secure the Bonds will contain appropriate provisions requiring Authority to carry insurance on its insurable properties for purposes and in amounts which would ordinarily be carried by a privately owned utility company under contract to perform services similar to those undertaken by Authority in this Contract. Such provisions will be so designed as to afford protection not only for the holders of the Bonds but to assure and facilitate, to the extent feasible and practicable, the restoration of damaged or destroyed properties and to minimize the interrup- tion of service to City and others. 12. Reserve Funds. The bond Resolution or the Indenture will provide for the creation of two Reserve Funds, one to assure payment of principal and of interest on the Bonds and the other as a Contingency Reserve which will be used for the following purposes, in the order named: (a) For maintenance of and additions and betterments to Authority's System, except as to enlarging capacities; (b) For enlarging capacities of Authority's System to the extent requested by City and to the extent that City has an equitable interest in such Contingency Reserve Fund; (c) To retire bonds prior to their maturity. 13. Contracts between Cities. City shall have the right to negotiate and enter into sub-contracts with any other city whether or not a Constituent City under which a portion of City's equitable ownership of capacity in Authority's System may be transferred to such Constituent City or City. The consideration as between or among such Cities may be determined by the contracting 55 parties but no such transaction shall relieve City of its primary obligation to Authority under the terms of this Contract. 14. Advisory Committee. Concurrently with executing this Contract City will appoint one of the members of its governing body or one of its officers or employees as a member of an Advisory Committee which will be composed of one member appointed by each on the 4 Constituent Cities. The function of this Committee will be to consult and advise with the representa- tives of Authority. 159 Authority's Resmsibility to City. Authority under- takes to provide from time to time additional capacity and facilities so as to receive, transport, treat and dispose of additional Sewage of City, over and above the maximum amount provided herein or all of City"s Sewage, after receiving such notice and request as will enable Authority to construct or acquire the needed additional facilities, and upon such assurances and contracts as will be required for financing such additional capacity and facilities. No such additional contract shall have the effect of impairing any rights under the Contracts or the contracts with the Constituent Cities. 16. Right of Authority to Fake other Contracts. Authority reserves the right to contract with other persons, natural or corporate, private or public to perform services similar to those to be performed under this Contract or other services, provided that Authority will do nothing under any such Contract which will impair the rights, or increase the cost, or infringe on the capacity of Authority's Systdm allocated to City under this Contract and the capacity allocated to the other Constituent Cities. 17. Term of Contract. This Contract shall continue in force and effect for a period of fifty 50 years from the date of tender fixed by Authority for readiness to receive from City at Points of Entry such Sewage and for the period of time in addition thereto while any of the Bonds are outstanding and unpaid. After the Bonds shall have been paid in full City and the other 3 Constituent Cities shall have equitable ownership of the capa- city of Authority's System and the rights to enjoy the benefits therefrom upon payment of the proper share of the cost of maintaining and operating the System. The parties hereto agree that prior to the expiration of such term they will enter into an extension agreement, which, in determining the consideration to be paid by City will take into account the amount of indebtedness, if any, then outstanding against Authority on account of Authority's System and the cost of such maintenance and operation. 18. Modification. This Contract may be changed or modified only with the consent of the governing bodies of both Authority and City. No such change or modification may be made which will affect adversely the Prompt payment when due of all moneys required to be paid by City under the terms of this Contract and no such change shall be effective which would cause a violation of any provision of the Resolution authorizing or the Indenture securing the bonds or (unless approved by such other cities) of Authority's Contracts with any of the other three Constituent Cities. 19. Reau~latory Bodies. This Contract shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Texas or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. 56 20. Remedies. In enforcing the performance of the provisions of this Contract both parties shall have the right to the exercise of all procedure available under the law including, but without limiting the generality of the right, application for mandatory injunction and the Writ of Mandamus. 21. Notices. All notiees or communications provided for herein shall be in writing and shall be either delivered to City of Authority, or if mailed, shall be sent by registered mail, postage prepaid, addressed to City at Farmers Branch, Texas, or until otherwise specified by the Authority in writing, to Authority at 718 Insurance Building, Fort Worth, Texas. L IN WITNESS WHEREOF, the parties hereto acting under authority of theri respective governing bodies have caused this Contract to be duly executed in several counter parts, each of which shall constitute an original, all as of the day and year first written above. ATTEST: Acting Secretary ATTEST: Naomi Goodnight City Secretary APPROVED AS TO FORM: H. Louis Nichols City Attorney THE STATE OF TEXAS COUNTY OF DALLAS TRINITY RIVER AUTHORITY OF TEXAS BY President CITY OF FARK0S BRANCH, TEXAS BY Lawson Lewis Mayor BEFORE Mg, the undersigned, Notary Public in and for Dallas 1 County, Texas, on this day personally appeared and , known to me to be the persons whose names are subscribed to the foregoing instrument and known to me to be, respectively the President and Acting Secretary of the Trinity River Authority of Texas, 57 and each acknowledged to me that he executed said instrument for the purposes and considerations therein expressed and in the capacity therein stated and as the act and deed of Trinity River Authority of Texas. Given under my hand and seal of office this the _„_,,,,Day of , 1957. Notary Public, Dallas County, Texas. (SEAL) THE STATE OF TEXAS COUNTY OF DALLAS : BEFORE ME, the undersigned, Notary Public in and for Dallas County, Texas, on this day personally appeared Lawson Lewis and Naomi Goodnight , each known to me to be the person whose name is subscribed to the foregoing instrument and each acknowledged to me that he had executed the same for the purposes and considerations therein expressed and in the capacity therein stated as the act and deed of the City of Farmers Branch, Texas. EXECUTED under my hand and seal of office, this the 18th day of April is 1957. Don E. L©ngshore Notary Public, Dallas County, Texas. Section 4. That the officers and employees of City be and they are hereby directed to do any and all lawful things to expedite the performance of City's obligation under the Contract and to exact of Authority its full performance. Section 5. This Ordinance is hereby declared to be an emergency measure, and its passage 3$ declared and found to be necessary for 58 the immediate preservation of the public business, property, health and safety; and that such emergency exists in that such Improvements cannot be acquired until the Authority's bonds are issued and sold and it is accordingly ordained that this ordinance shall be in effect immediately upon passage by the City Council. PASSED AND APPROVED this the _ 118 _ day of April , 1957. Lawson Lewis Mayor, City of Farmers Branch, Texas ATTEST: Naomi Goodnight City Secretary, City of Farmers Branch, Texas 1 i 59 THE STATE OF TEXAS : COUNTY OF DALLAS : CITY OF FARMERS BRANCH I, the undersigned, City Secretary of the City of Farmers Branch, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance passed by the City Council of the City of Farmers Branch, Texas (and of the minutes pertaining thereto) on the 18 day of April r , 1957, authorising the designated official of the City of Farmers Branch, Texas to execute a contract with Trinity River Authority of Texas Plant and other equipment and facilities and will perform services for the City in receiving, transporting, treating and disposing of sewage In quantities, of quality and for the consideration expressed therein, which ordinance is duly of record in the minutes of said City Council. EXECUTED UNDER MY HAND and seal of said City, this the 18 _ day of April 19570 Naomi odn t City Secretary, City of Farmers Branch, Texas (SEAL) I , 60