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CERTIFICATE FOR
ORDINANCE AUTHORIZING CONTRACT
THE STATE OF TEXAS
COUNIT OF TARRANT
CIIT OF NORTH RICHLAND HILLS
\.Je, the undersigned officers of said City, hereby certify
as follows:
1. The City Council of said City convened in
REGULAR MEETING ON THE 27TH DAY OF MAY, 1975,
at the City Hall, and the roll was called of the duly consti~
tuted officers and members of said City Council, to-wit:
Dick Faram~ Mayor Winnie Barclay, City Secretary
(Va'cancY') . . J .F. Ca to
Norman Ellis Tom Newman
George Conant, Jr. Jo Ann Goodnight
John Lamond
and all of said persons were present~ except the following
absentees:
thus constituting a.quorum. Whereupon, among
the following was transacted at said Meeting:
ORDINANCE AUTHORIZING CONTRACT
,
other business,
a written
was duly introduced for the consideration of said City Council
and read in full. It was then duly moved and seconded that
said Ordinance be passed; and, after due discussion, said
motion, carrying with it the passage of said Ordinance,
prevailed and carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye".
, .
NOES: None.
2. That a true, full and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certifi-
cate; that said Ordinance has been duly recorded in said City
Council's minutes of said Meeting; that the above and fore-
going paragraph is a true, full and correct excerpt from said
City Council's minutes of said Meeting pertaining to the
passage of said Ordinance; that' the persons named in the
above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of said City Council as indi-
cated therein; that each of the officers and members of said
City Council was duly and sufficiently notified officially and
personally, in advance, of the time, place and p~rpose of the
aforesaid Meeting, and that said Ordinance would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
said Meeting for such purpose; and that said Meeting was open
to the public, and public notice of the time, place and pur-
pose of said Meeting was given, all as required by Vernon's
Ann. Civ. St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the
City Secretary of said City have duly si.gned said Ordinance;
and that the Mayor and the .City Secretary of said City hereby
declare that their signing of this Certificate shall consti-
tute the signing of the attached and following copy of said
Ordinance for all purposes.
SIGNED AND SEALED the 27th day of May,/i975.
1
v1J~~~/V/, kAq
City Secretary ð
n~!d-?71/
, ./e Mayor
(SEAL)
AN ORDINANCE
AUTHORIZING THE MAKING OF A CONTRACT
BETWEEN THE CITY OF NORTH RICHLAND HILLS,
TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS
THE STATE OF TEXAS
COUNTY OF TARRANT
.
.
CITY OF NORTH RICHLAND HILLS
WHEREAS, a contract between said City and Trinity
River Authority of Texas should be entered into; and
WHEREAS, the execution of such contract should be
authorized by this City Council;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS:
Section 1. This City shall enter into a contract
with Trinity River Authority of Texas in substantially the
form attached hereto and made a part hereof for all purposes.
Section 2. That the said contract shall be signed
on behalf of this City by its Mayor and attested by its City
Secretary.
Section 3. That the ordinance heretofore passed
by the City Council on April 28, 1975, authorizing a contract
with the Trinity River Authority of Texas, is hereby repealed
and rescinded.
~--------------------
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
WHEREAS, there has been established in the Upper Trinity
River Basin, generally in the area outlined in the Engineering
Report, a Regional Wastewater System for the purpose of
providing facilities to adequately receive, transport, treat
and dispose of Wastewater in such area; and
WHEREAS, the City of North Richland Hills presently owns,
operates and maintains its waterworks and sanitary sewer systems;
and
WHEREAS, City is desirous of discharging Wastewater into
the Central Wastewater Treatment System of the Trinity River
Authority of Texas in order to achieve efficiencies of costs
and operation; and
wHEREAS, the Authority has heretofore entered into
contracts with other parties, defined as Contracting Parties
in said contracts, which permit the Authority to contract
with Additional Contracting Parties, as defined in said
contracts; and
WHEREAS, the City of North Richland Hills is such an
Additional Contracting Party under said contracts and will become
a Contracting Party under this contract; and
wHEREAS, City and Authority are authorized to make
this contract under Articles 8280-188 and 1109i, Vernon's
Annotated Civil Statutes, and/or the Regional Waste Dis-
posal Act (compiled as Chapter 25 Water Code of Texas); and
WHEREAS, the parties hereto recognize these facts:
(a) That the Authority will use the payments
to be received under this and similar con-
tracts for the payment of Operation and
Maintenance Expense of the Authority's
System and for the payment of the princi-
pal of and the interest on its Bonds and
Outstanding Bonds and for the establish-
ment and/or maintenance of reserves and
other funds as provided in the Bond
Resolution and in resolutions authorizing
Outstanding Bonds; and that the revenues
under such contracts will be pledged to
such purposes; and
(b) That contracts similar to this instrument
have been executed between the Authority
and the other Contracting Parties and the
Authority may execute contracts with
Additional Contracting Parties; and
(c) That Authority has Outstanding Bonds which
were issued to finance construction of the
System as it exists as of the date of exe-
cution of this contract, to refund previous
indebtedness and to provide funds to en-
able it to construct extensions, improve-
ments and enlargements to the System; and
(d) That Authority will issue Bonds from time
to time in the future to further extend,
enlarge and improve the System; and
(e) That City and Authority are subject to all
valid rules, regulations and requirements
of the Texas Water Quality Board, the
Environmental Protection Agency and such
State and Federal laws as now exist or may
be enacted during the term of this agreement;
NOW,' THEREFORE, the City of North Richland Hills and
TRINITY RIVER AUTHORITY OF TEXAS do hereby contract and agree
as follows:
ARTICLE I
DEFINITIONS
Section 1.01. DEFINITIONS OF TERMS. Terms and ex-
pressions as used in this contract, unless the context
clearly shows otherwise, shall have the fOllowing meanings:
(a) "Additional Contracting Party" means any party
not defined as a Contracting Party with whom
Authority makes a contract for receiving, trans-
porting, treating and disposing of Wastewater
through the System.
(b) "Adjusted Annual Payment" means the Annual
Payment, as adjusted due to service to
Additional Contracting Parties and/or as
required during or after each Fiscal Year.
2
" (c) "Annual Payment" means th,c amount of money
to be paid to Authority by City at its
proportionate share of the Annual Requirement.
(d) "Annual Requirement" means the total amount of
money required for Authority to pay all Opera-
tion and Maintenance Expense of the System and
to pay the debt service on its Bonds and Out-
standing Bonds, and to pay any amounts required
to be deposited in any special or reserve
funds required to be established and/or main-
tained by the provisions of the Bond Resolution,
and in resolutions authorizing Outstanding Bonds.
(e) "Authority" means the Trinity River Authority of
Texas.
(f) "Authority's System", "Regional System",
"Regional Wastewater System","Central Wastewater
Treatment System" or "System" means all of
Authority's facilities for receiving, trans-
porting, treating and disposing of Wastewater
generally in the area described in the first
preamble hereto, together with any improvements,
enlargements or additions to said facilities
and any extensions or replacements of said
facilities constructed or otherwise incorporated
into said facilities in the future. Said terms
shall include only those facilities which are
used for, constructed or acquired, or the use of
which is arranged for, by the Authority to afford
service to the Contracting Parties 'and Additional
Contracting Parties which can economically and
efficiently be served by said System. Said terms
do not include Authority's facilities located
within the boundaries of the Dallas-Fort Worth
Regional Airport Board dated July 16, 1971, as
amended, Local Wastewater Facilities, any facil-
ities constructed or acquired with proceeds of
Special Project Bonds, as defined in the Bond
Resolution, or obtained by Authority acting as
a signatory to the State of Texas Water Pollution
Control Compact, or any of the facilities desig-
nated as Authority's Ten Mile Creek System, or
Walker-Calloway Project.
(g) "BOD" (denoting Biochemical Oxygen Demand) means
the quantity of oxygen utilized in the biochem-
ical oxidation of organic matter under standard
laboratory procedure in five (5) days at 20 deg. C.,
expressed in milligrams per liter (mg/l).
(h) "Bond Resolution" means any resolution of the
Board of Directors of the Authority authorizing
the issuance of Bonds and providing for their
security and payment, as such resolution(s) may
be amended from time to time as therein permitted.
3
(i) "Bonds" means any bonds to be issued by the Auth-
ority pursuant to this contract for the acquisition,
construction, expansion, improvement or completion
of the System, whether one or more issues, or
any bonds issued to refund same.
(j) "City" means the City of North Richland Hills, Texas.
(k) "Contracting Party" or "Contracting parties"
means one or more of the following:
Arlington
Bedford
Carro11ton
Dallas
Dallas/Fort
Worth Airport
Euless
Farmers Branch
Grand Prairie
Hurst
Irving
Co11eyville
Grapevine
Nansfie1d
North Rich1and Hills
(1) "Domestic Wastewater" (sanitary sewage) means
liquid and water-carried waste discharged from
sanitary conveniences of dwellings, business
buildings, institutions and the like, including
Properly Shredded Garbage.
(m) "Engineering Report" means a report of Forrest
and Cotton, Inc., Consulting Engineers, entitled
Regional Wastewater System, dated December, 1971,
as such report may be amended, modified and
changed by Authority or at its direction at any
time prior to the execution of construction
contracts for improvements, additions and en-
largements to the System or as modified and
changed by change orders issued after execution
of such construction contracts.
(n) "Fiscal Year" means the twelve (12) month period
beginning December 1 of each year and applies
only to Authority ({'.e., Fiscal Year 1975 is the
twelve (12) month period ending November 30,
1975), or such other twelve (12) month period as
may be established in the future to constitute
Authority's Fiscal Year.
(0) "Garbage" means solid wastes from the prepara-
tion, cooking and dispensing of food, and from
handling, storage and sale of produce.
(p) "Grease" means fats, waxes, oils, and other
similar materials in Wastewater, as determined
by procedures specified in the latest edition of
Standard Methods of Examination of Water and
Wastewater, published by American Public Health
Association, Inc.
(q) "Industrial Wastes" means the liquid wastes from
industrial processes as distinct from wastes in
Domestic Wastewater.
,
(r) "Infiltration Water" means water that has m~grated
from the ground into the System.
4
(s) "Local Wastewater Pacilities" means the facilities
of Contracting Parties and Additional Contracting
Parties for transportation of Wastewater to
Points of Entry and any facilities used exclu-
sively or primarily for the pre-treatment of
Industrial Wastes.
(t) "Month" means calendar month.
(u) "Operation and Maintenance Expense" means all
costs of operation and maintenance of the Auth-
ority's System including, but not limited to,
repairs and replacements for which no special
fund is created in the Bond Resolution, the cost
of utilities, supervision, engineering, account-
ing, auditing, legal services, and any other
supplies, services, administrative costs and
equipment necessary for proper operation and
maintenance of the Authority's System, and pay-
ments made by Authority in satisfaction of
judgments resulting from claims not covered by
Authority's insurance or not paid by one
particular Contracting Party or Additional
Contracting Party arising in connection with
the operation and maintenance of the System.
The term also includes the fees of the.bank or
banks where the Outstanding Bonds and the Bonds
are payable. Depreciation shall not be con-
sidered an item of Operation and Maintenance
Expense.
(v) "Outstanding Bonds" means all bonds issued by
Authority prior to the date of this contract to
provide funds for construction, enlargement,
extension and improvement of the System which are
outstanding on the date of this contract.
(w) "pH" means the logarithm of the reciprocal of the
hydrogen ion concentration. The concentration is
the weight of the hydrogen ions, in grams, per
liter of solution.
(x) "Point of Entry" means the point at which Waste-
water enters Authority's System.
(y) "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 s.ewers, with no
particle greater than one-half (1/2) inch in any
dimension.
(z) "SS" (denoting Suspended Solids) means solids
removable by laboratory filtering expressed {n
milligrams per liter (mg/l) as determined by
procedures specified in the latest edition of
Standard Methods of Examination of Water and
Wastewater, published by American Public Health
Association, Inc.
5
(aa) "Wastewater" (sewage) means Domestic Wastewater
and Industrial Waste, together with such Infil-
tration Water that may be present.
ARTICLE II
CONSTRUCTION OF FACILITIES BY AUTHORITY
Section 2.01. FACILITIES. In order to provide services
for receiving, transporting, treating and disposing of Wastewater
for City and others, Authority will design and construct extensions,
improvements and enlargements to its System, as described in the
Engineering Report, and will own, operate, maintain and from time
to time expand the System.
ARTICLE III
DISCHARGE OF WASTEWATER AND METERING
Section 3.01. City shall have the right to. discharge
Wastewater into the System under this contract upon completion of
the facilities necessary to provide service to city.
Section 3.02. DISCHARGE. In consideration.of the pay-
ments to be.made under this contract, City shall have the right
to discharge Wástewater into the System meeting the requirements
for quantity set forth in this Article of the contract, and the
requirements for quality as set forth in Article IV.
Section 3.03. POINT OF ENTRY. City shall discharge its
Wastewat~r at a Point or Points of Entry designated for City in
the Engineering Report, or at such additional Points of Entry as
may be mutually agreed upon by the parties hereto. The Engineering
Report establishes and will establish a minimum area to be served
by each Point of Entry. City covenants that it will discharge
all Wastewater generated in such minimum area of service into each
designated Point of Entry for City during the term of this contract,
to the extent-Authority has provided capacity to that service area,
unless City and Authority mutually agree that like service can
be provided elsewhere in the System. It is the intent of Authority
6
to provide facilities to receive and dispose of all Wastewater
generated by City in each service area. Whenever additional Points
of Entry are established and provided for City, a minimum service
area for such Points of Entry will be established in the Engineering
Report for such Points of Entry and City shall discharge all Waste-
water generated in such area into such Points of Entry during the
term of this contract. All such minimum areas of service may be
expanded by mutual agreement of Authority and City, and whenever
expanded, such expanded service area shall be included in the En-
gineering Report and City shall discharge all Wastewater generated
in such expanded service area into Authority's System, at the
appropriate Point of Entry, during the term of this contract.
Section 3.04. CONVEYANCE TO POINT OF ENTRY. It shall
be the sole responsibility of City, including any liability incurred
in connection therewith, to convey such Wastewater to the Point
or Points of Entry.
Section 3.05. QUANTITY AT POINT OF ENTRY. (a) The
quantity of Wastewater conveyed to the Points or Points of Entry
shall be metered and the total annual contributing flow of Wastewater
received during any Fiscal Year shall be used to determine City's
Annual Payment and the Basic Charge for service as set forth in
Article V:
(b) At each Point of Entry, City may deliver Wastewater
at a Maximum Discharge Rate, defined as a rate in MGÙ, which,
if continued over a period of twenty-four (24) hours would not
exceed 3.50 times City's estimated annual contributing flow expressed
as a daily average in MGD.
(c) City's Maximum Discharge Rate for Fiscal Year 1976
at each Point of Entry is designated in the Engineering Report.
7
(d) For the Fiscal Year 1977, and each succeeding Fiscal
Year thereafter, City's Maximum Discharge Rate shall be redetermined
in the manner described in (b) above.
(e) If during any Fiscal Year City's annual contributing
flow is redetermined, City's Maximum Discharge Rates shall also
be redetermined to the mutual satisfaction of City and Authority.
(f) The Authority will periodically redetermine, if
necessary, the Maximum Discharge Rates to assure that said Rates
are adequate to allow City to discharge a reasonable Wastewater
flow into the System.
Section 3.06. LIABILITY FOR DAMAGES AND RESPONSIBILITY
FOR TREATMENT AND DISPOSAL OF WASTEWATER. Liability for damages
arising from the reception, transportation, delivery and disposal
of all Was~ewater discharged hereunder shall remain in City to
Points of Entry, and upon passing through Authority's meters installed
at Points of Entry liability for such damages shall pass to Author-
ity. 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 reception,
transportation, delivery, and disposal while Wastewater is in
the control of such. party. This covenant is not made for the benefit
of any thi~d party. Authority takes the responsibility as between
the parties hereto for the proper reception, transportation, treatment,
and disposal of all such Wastewater received by it at Points
of Entry.
Section 3.07. METERING. Authority will furnish, install,
operate and maintain at its own expense at each Point of Entry
the necessary equipment and devices of standard type for
B
measuring properly all Wastewater 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 adjustment thereof shall be done only
by employees or agents of Authority in the presence of a represent-
ative of the City if requested by the City. All readings of meters
will be entered upon proper books of record maintained by the Auth-
ority. Upon written request City may have access to said record
books "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, for any reason, any meters are out of service or out
of repair, or if, upon any test, the percentage of inaccuracy
of any meter is found to be in excess of five (5%) per cent, reg-
istration thereof shall be corrected for a period of time extending
back to the time when such inaccuracy began, if such time is as-
certainable, and if such time is not ascertainable, then for a
period ex~ending back one-half (1/2) of the time elapsed since
the date of the last calibration, but iL no event further back
than a period of six (6) months.
City may, at its option and its own expense, install and
operate a check meter to check each meter installed by Authority,
but the measurement 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 contrary. All
9
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 Wastewater delivered into the 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.
Section 3.08. UNIT OF MEASUREMENT. The unit of measure-
ment for Wastewater delivered hereunder shall be 1,000 gallons,
U. S. Standard Liquid Measure.
ARTICLE IV
QUALITY AND TESTING
Section 4.01. GENERAL. City agrees to limit discharge
into Authority's System to wastes defined herein as admissible
discharges, ~nd to prohibit entry into the System of any wastes
that have the characteristics of prohibitive discharges, also
described herein.
Section 4.02. ADMISSIBLE DISCHARGES. Wastes discharged
into the System shall consist only of Wastewater, Properly Shredded
Garbage, and other wastes which the System is capable of handling,
so that:
(a) effluent from the System meets the current
legal standards of the Texas Water Quality
Board of any governmental body having
legal authority to set standards for such
effluents; and
(b) the System is not d~maged to the extent to cause
unnecessary repairs or replacements resulting in
increased Operation and Maintenance Expense.
10
Section 4.03. PROHIBITIVE DISCHARGES.
(a) To enable
the highest degree of treatment in the most economical manner
possible, and to comply with Federal and State regulations, certain
solids, liquids and gases are hereby prohibited from entering Auth-
ority's System in excess of standards as set by said Federal and
State regulations. The prohibitive discharges listed below shall
apply at the Points of Entry.
Federal and State Regulatory Agencies periodically modify
standards on prohibitive discharges; therefore, revisions to,
additions to, or deletions from the items listed in this section
will become necessary to comply with these latest standards. It
is the intention of this contract that prohibitive discharge re-
quirements be reviewed periodically by Authority and revised. in
accordance with the latest standards of any Federal or State Agency
having regulatory powers. Any required revisions shall be made
and written notice thereof given to City; however, enforcement
and effect of the revision shall not begin for ninety (90~ days
following written notice to City of such change.
(b) The following information shall govern prohibitive
discharges:
(i) City shall not discharge any of the following into
the System at a Point of Lntry: storm water,
ground water, roof run-off, sub-surface drainage
or water originating from down spouts, yard drains,
yard fountain and ponds, or lawn sprays. In cases
where, and in the opinion of Authority, the
character of the Wastewater from any manufacturer
or industrial plant, building or other premises is
such that it will damage the System, or cannot be
treated satisfactorily in the System, City shall
prevent it from entering the System until the
character of same is satisfactory to Authority.
11
(c) City shall not discharge any of the following sub-
stances, materials, waters or wastes into the System:
(i) Any liquid having a temperature higher than 150
degrees Fahrenheit (65 degrees Centigrade);
(ii) Any water or wastes which contain wax, grease, oil,
plastic or other substance that will solidify, or
become discernibly viscous at temperatures between
32 degrees to 150 degrees Fahrenheit;
(iii) Any solids, slurries or viscous substances of
such character as to be capable of causing
obstruction to the flow in sewers, or other
interference with the proper operation of the
Wastewater System, such as ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags,
feath~rs, tar, plastics, wood, whole blood,
paunch manure, hair and fleshlings, entrails,
lime slurry, lime residues, slops, chemical
residues, paint residues or bulk solids;
(iv) Any solids, liquids, or gases which by themselves
or by interaction with other substances may cause
fire or explosion hazards, or in any other way be
injurious to persons, property, or the operators
of the Wastewater System;
(v) Any garbage that has not been properly comminuted
or shredded;
(vi) Any noxious or malodorous substance, which either
singly or by interaction with other substances is
capable of causing objectionable odors, or hazard
to life, or forms solids that will cause obstruc-
tions to flow, or creates any other condition
deleterious to structures or treatment processes,
or requires unusual provisions, alteration, or
expense to handle such substance;
(vii) Any waters or wastes having a pH lower than 6.0,
or higher than 10.0 or having any corrosive pro-
perty capable of causing damage or hazards to
structures, equipment, or personnel of the Waste-
water System;
(viii) Any wastes or waters containing suspended or
dissolved solids of such character and quantity
that unusual attention or expense is required to
handle such materials in the Wastewater System;
(ix) Any waters or wastes containing a toxic or poison-
ous substance, such as plating or heat-treating
wastes, in sufficient quantity to injure or inter-
fere with any wastewater treatment process, to
constitute a hazard to humans or animals, or to
create any hazard in the receiving waters of the
Wastewater Treatment Plant;
12
(x) Any wastes or waters exceeding the concentrations
listed below:
1. Antimony greater than 0.01 mg/l
2. Arsenic greater than 0.05 mg/l
3. Barium greater than 5.0 mg/l
4. Beryllium greater than 0.01 mg/l
5. Bismuth greater than 0.5 mg/l
6. Boron greater than 1.0 mg/l
7. Cadmium greater than 0.02 mg/l
8. Chromium (hexavalent) greater than 0.05 mg/l
9. Chromium (trivalent) greater than 5.0 mg/l
10. Cobalt greater than 1.0 mg/l
11. Copper greater than 1.0 mg/l
12. Cyanides greater than 1.0 mg/l
13. Fluorides greater than 1.5 mg/l
14. Hydrogen Sulfide greater than 0.1 mg/l
15. Iron greater than 0.3 mg/l
16. Lead greater than 0.1 mg/l
17. Manganese greater than 1.0 mg/l
18. Mercury greater than 0.005 mg/l
19. Molybdenum greater than 1.0 mg/l
20. Nickel'greater than 1.0 mg/l
21. Phenol greater than 0.005 mg/l
22. Selenium greater than 0.02 mg/l
23. Silver greater than 0.1 mg/l
24. Tin greater than 1.0 mg/l
25. Uranyl-Ion greater than 5.0 mg/l
26. Zinc greater than 5.0 mg/l
(d) city shall not discharge into the System waters
or wastes containing:
(i) Free or emulsified oil and grease exceeding
on analysis, an average of 100 mg/l (834 pounds
per million gallons) of either, or both, or
combinations of free or emulsified oil and grease,
if, in the opinion of Authority, it appears
probable that such wastes:
1. Can deposit grease or oil in the sewer lines
in such manner to clog the sewers;
2. Can overload skimming and grease handling
equipment;
3. Are not amenable to bacterial action or other
treatment processes then being employed by
Authority and will, therefore, pass to the re-
ceiving waters without being affected by normal
wastewater treatment processes; o!
4. Can have deleterious effects on the treatment
process due to excessive quantities.
(ii) Any radioactive wastes greater than the allowable
releases as specified by current United States Bureau
of Standards handbooks dealing with the handling of
and release of radioactivity.
13
(iii) Cyanides or cyanogen compounds capable of liberating
hydrocyanic gas on acidification in excess of 0.2
mg/l by weight (as CN).
(iv) Materials which exert or cause:
I. Unusual concentrations of solids
or compounds; as, for example, in
total SS of inert nature (such
as Fuller's Earth) and/or in total
dissolved solids (such as sodium
chloride or sodium sulfate);
2. Excessive discoloration;
3. Unusual BOD or immediate oxygen
demand.
Section 4.04. TESTING QUALITY. To determine quality
of Wastewater, Authority will collect twenty-four (24) hour composite
samples of Wastewater at each Point of Entry and cause same to
be analyzed in accordance with testing procedures as set forth
in the latest edition of Standard Methods of Examination bf Water
----
and Wastewater, published by American Public Health Association,
Inc. Composite samples will normally be taken once a month, or
at more frequent intervals if necessary to determine Wastewater
quality. Such Wastewater shall not exceed the limits of con centra-
tion specified for Normal Wastewater as follows:
Normal Wastewater Concentration
BOD
SS
pH, not less than
Hydrogen Sulfide
250 mg/l
250 mg/l
6 nor greater
0.1 mg/l
than 10
Should the analysis disclose concentrations higher than
those listed, Authority will at once inform City of such disqual-
ification. It shall be the obligation of City to require the
offending discharger of said highly concentrated materials to
undertake remedial measures to bring discharge concentrations
within acceptable limits. The Authority will cooperate with
City in reaching a satisfactory solution but will not undertake
14
to specify the measures that will be employed to bring those
over-st~ength discharge concentrations within acceptable
limits. In some cases of over-strength Industrial Waste,
the industry discharging the over-strength waste, and City, may
be desirous, and Authority may be agreeable to negotiate terms
under which Authority will accept and treat the over-strength
wastes, but Authority makes no commitment to perform such service.
Section 4.05. ADMISSION OF DISCHARGES CONTAINING
CONCENTRATIONS OF BOD AND/OR SS GREATER THAN THOSE PRESENT IN
NORMAL WASTEWATER. If Wastewater at the Point or Points of Entry
contains concentrations of BOD greater than 250 mg/l and/or SS
greater than 250 mg/l, approval must be obtained from Authority
prior to discharge of the Wastewater into the System. Charges
made to City will include the Basic Charge as outlined in Article
V of this ·contract, plus a surcharge for excess BOD and/or SS
calculated in accordance with the following formula:
SC = (Q) (8.34) (a (BOD-250) + b (SS-250»
where:
SC = surcharge based on excessive con-
centrations of BOD and/or SS (dollars
per month)
Q = flow (million gallons per month)
a = annually adjusted unit cost of treatment,
chargeable to BOD (dollars per pound of
BOD introduced to System)
b = annually adjusted unit cost of treat-
ment, chargeable to SS (dollars per
pound of SS introduced to System)
The value of BOD and/or SS concentrations in this calcula-
tion will be the average of values determined by testing procedures
as defined in Section 4.04, TESTING QUALITY, except for the following
condition: Observation of unusually high values of BOD and/or
SS in samples collected at the Wastewater treatment plant or
15
at a Point of Entry will prompt an intqnsive sampling and testing
program to determine the Contracting Party responsible for these
high values. Once the source of high concentration of BOD and/or
SS has been determined, the responsible Contracting Party will
be notified and samples will be collected and tested for four
(4) continuous days. The average of the BOD and SS values measured
during these four (4) days will be considered as representative
of the Wastewater being discharged to the System and will serve
as the basis of the surcharge during the month of. observation.
Any surcharge for over-strength Wastewater which Authority has
agreed to accept shall not be allocated among Contracting Parties
discharging normal Wastewater, but shall be applied only to the
Contracting Party discharging such over-strength Wastewater.
.At any time that Authority determines that any service
hereunder shou1ò be suspended because City's Waste\later does
not meet standards herein established or that a surcharge will
be applied, Authority shall furnish to City the data and expert
opinion on which such determination was based prior to cessation
of service or application of a surcharge.
Section 4.06. INDUSTRIAL WASTES. The effects of certain
types of Industrial Waste upon Wastewater and Wastewater treatment
processes .are such as to require that careful consideration be
made of each industrial connection. This is a matter of concern
both to Authority and to City. Accordingly, Authority, upon request
by City, will work jointly in processing applications for discharge
of Industrial Waste into any sewers ultimately discharging into
Authority's System. The City covenants that it will have in effect
and will enforce an industrial waste ordinance acceptable to Federal
and State agencies or departments having lawful jurisdiction to
set standards for waste discharges.
16
:~
An industry in City in an area being served by Authority's
System seeking to connect to the City's Domestic Wastewater system
shall make an application to the City 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.
~
City will allow Authority access to City records to
gather information and data that will be useful to Authority as
statistical data for planning the operation, improvement and ex-
pansion of Authority's treatment facilities.
ARTICLE V
Section 5.01. FINANCING. Authority has heretofore
issued the Outstanding Bonds and will pay for the cost of construc-
tion of the improvements specified and to be specified in the
Engineering Report, and will issue its Bonds, from time to time,
in amounts necessary which, together with other available funds,
will be sufficient to accomplish such construction.
Section 5.02. ANNUAL REQUIREMENT. It is acknowledged
and agreed that payments to be made under this contract and sim-
ilar contracts with other Contracting Parties and Additional
Contracting Parties will be the only source available to Authority
to provide the Annual Requirement; and that the Authority has
a statutory duty to establish and from time to time to revise
the charges for services to be rendered and made available to
City hereunder so that the Annual Requirement shall at all times
be not less than an amount sufficient to payor provide for the
payment of:
17
(a) The net amount paid or payable for all Operation
and Maintenance Expenses;
(b) the principal of and the interest on Outstanding
Bonds and Bonds, as such principal and interest
become due, less interest to be paid out of Bond
proceeds as permitted by the Bond Resolution and
less any other funds on hand for payment of
principal and interest on the Bonds and Outstanding
Bonds;
(c) during each Fiscal Year, the proportionate part
of any special or reserve funds required to be
established and/or maintained by the provisions
of the Bond Resolution and/or any resolution
authorizing Outstanding Bonds; and
(d) an ~mount in addition thereto sufficient to re-
store any deficiency in any of such funds or
accounts required to be accumulated and maintained
by the provisions of the Bond Resolution and/or
any resolution authorizing Outstanding Bonds.
Section 5.03. PAYMENTS BY CITY. (a) For services to
be rendered to City by Authority hereunder, City agrees to pay,
at the time and in the manner hereinafter provided, its pro-
portionate share of the Annual Requirement, which shall be
determined as follows and shall constitute City's Annual
Paym,ent:
(i) For the Fiscal Year 1977, the City's proportion-
I'
ate share of the Annual Requirement shall be a
percentage obtained by dividing City's estimated
annual contributing flow to the System by the
total estimated annual contributing flow to the
System by all Contracting Parties. The following
tabulation shall apply for 1977:
CONTRACTING PARTY
Estimated
1977 Annual Con-
tributing Flow
(1,000 gallons)
Percentage
of
Total
Arlington
Bedford
Carrol 1 ton
Dallas
D/FW Airport
Eu1ess
Farmers Branch
Grand Prairie
J;,rving
Mansfield
Grapevine
Colleyville
Hurst
North Richland Hills
4,015,000
568,670
1,157,415
547,500
440,920
1,039,155
957,760
2,557,190
3,788,700
334,340
184,690
339,450
67,160
97,090
16,095,040
24.94
3.53
7.19
3.40
2.74
6.46
5.95
15.89
23.54
2.08
1.15
2.11
.42
.60
100.00
18
City's Annual Payment for the Fiscal Year 1977 shall
be calculated by multiplying City's percentage from the above
tabulation times the Annual Requirement. City's Annual Payment
shall be made to Authority in equal monthly installments for
the pro rata part of the Fiscal Year 1977 commencing on the date
of the initial discharge hereunder, or on the date on which Auth-
ori ty is capable of receiving Hastewater from City, vihichever
is sooner. Such payments shall be made in accordance with and
at the times set forth in a Schedule of Payments for 1977 which
will be supplied to City. At the close of the 1977 Fiscal Year,
Authority shall redetermine City's percentage by dividing City's
actual metered contributing flow to the System by all Contracting
Parties. City's Adjusted Annual Payment shall be calculated
by multiplying City's redetermined percentage times the Annual
Requirement. The difference between the Adjusted Annual Payment
and the Annual Payment, if any', 'l.vhen determined, shall be applied
as a creditor a debit to City's account with Authority and shall
be credited or debited to City's next subsequent monthly payment
or payments.
(ii) For the Fiscal Year 1978, and each succeeding
Fiscal Year thereafter, City's proportionate
share of the Annual/'Requirement shall be a per-
centage obtained by dividing City's estimated
contributing flow to the System for such year
by the total estimated contributing flow to the
System by all Contracting Parties and Additional
Contracting Parties being served at the beginning
of each such year. Calculation of Annual Payment
as determined herein and Adjusted Annual Payment
for 1977 and each succeeding Fiscal Year there-
after shall be determined in the manner described
in (i) above.
(iii) Provided, should service to City begin prior
to Fiscal Year 1977, Authority will bill City
for its pro rata portion of the Annual
Requirement 0
(b) If, during any Fiscal Year, Authority begins
providing services to an Additional Contracting Party or Parties,
City's Annual Payment for such Fiscal Year shall be redetermined
in the following manner:
19
(i) Such Additional Contracting Party or Parties
estimated contributing flow to the System for
such year, or portion thereof, shall be
determined by Authority;
(ii) City's proportionate share of the Annual Require-
mentshall be a percentage, redetermined by
dividing City's estimated annual contributing
flow to the System by the total estimated annual
contributing flow to the System by all Contract-
ing Parties, including that estimated for the
Additional Contracting Party or Parties for the
remaining portion of such Fiscal Year;
(iii) Authority shall redetermine the Annual Requirement,
taking into consideration any costs incurred on
account of the Additional Contracting Party or
Parties;
(iv) City's Annual Payment shall be redetermined by
multiplying City's redetermined percentage times
the redetermined Annual Requirement.
(c) City's Annual Payment shall also be redetermined, in
the manner set out above, at any time during any Fiscal Year
if:
(i) Additions, enlargements or improvements to the
System are constructed by Authority to provide
continuing service which in turn requires
a redetermination of the Annual Requirement;
or
(ii) Unusual or extraordinary expenditures for oper-
ation and maintenance are required which are not
provided for in the/'Annual Budget or in the Bond
Resolution; or
{iii} City's contributing flow to the System, after
the beginning of the Fiscal Year, is estimated
to be substantially different from that on which
Annual Payments are based as determined by
Authority, to the extent that such difference in
flow will substantially affect City's Budget, and
consequently City's Annual Payment to Authority.
(d) The Annual Payment set forth in this section
shall be considered the Basic Charge for service hereunder, and
City shall pay a surcharge for excess BOD and/or 55 determined
in the manner set forth in Section 4.05.
{e} Recognizing that the Authority will use payments
.
received from City to pay, secure and finance i:he issuance of
20
Bonds ~nd to pay the Outstanding Bonds, it is hereby agreed
that upon commencement of discharge of Wastewater hereunder,
or on the date on which Authority is capable of receiving Waste-
water, whichever is sooner, City shall be unconditionally obligated
to pay its proportionate share of the Annual Requirements.
(f) On or before August 1 of each year Authority
will furnish City with an estimated schedule of monthly payments
to be made by City for the ensuing Fiscal Year. On or before
November 1 of each year, Authority shall furnish City with a
finalized schedule of the monthly payments to be made by such
City to the Authority for the ensuing Fiscal Year. City hereby
agrees that it will make such payments to the Authority on or
before the 10th day of each month of such Fiscal Year. If the
City at any time disputes the amount to be paid by it to Authority,
City shall nevertheless promptly make the payment or payments
determined by Authority, and, if it is subsequently determined
by agreement, arbitration or court decision that such disputed
pay~ents made by City should have been less, Authority shall
promptly revise and reallocate the 9harges among all parties
then being served by Authority in such manner that City will
recover its overpayment. In the event City is assessed a sur-
charge for excess BOD and/or SS, Authority will bill City for
such surcharge on or before the fifth (5th) day of the month
following the determination of the surcharge and City shall pay
such surcharge on or before the tenth (10th) day of the month
of receipt of any such bill. Any such surcharge collected by
Authority shall be applied by Authority against the total cost
of Operation and Maintenance Expense of the System.
. (g) If City's Annual Payment is redetermined as is
herein provided, Authority will promptly furnish City with an
21
up(l.:.Itcd sc11l'dulc of monthly pùymcnU'; reflecting such rcdcterminùtion.
(h) All interest income earned by the investment of
any Funds created in the Trinity River Authority of Texas Series
1973 Bond Resolution shall be taken into account in determining
the Annual Requirement.
(i) In addition to the Bonds specified heretofore to
be issued by Authority, Authority will issue its Trinity River
Authority of Texas - City of North Richland Hills (Little Bear
Creek Project) Bonds, Series 1975 (hereafter called the "Little Bear
Creek Bonds"), in the amount of $260,0000 From the proceeds of the
sale of the Little Bear Creek Bonds, there shall be deposited in a
construction fund the amount of $225,000, to be used in constructing
the facilities described in an amendment to the Engineering Report
entitled Engineering Report on Little Bear Creek Interceptor, dated
April, 1975, prepared by Knowlton, Ratliff, English & Flowers. In
consideration of Authority's issuing the Little Bear Creek Bonds,
and in addition to payments to be made to Authority by City under
other provisions of this contract, City agrees to make the following
payments to the Authority, as additional consideration for services
rendered, while any of the Little Bear Creek Bonds, or any bonds
issued to refund same, are outstanding:
(a) Such amounts, payable semiannually on or
before the 10th day preceding each interest
payment date on the Authority's Little Bear
Creek Bonds, as are necessary to pay (1) the
principal and/or interest coming due on said
Bonds on the next succeeding interest payment
date, plus the fees and charges of the Paying
Agent for paying or redeeming said Bonds and/or
interest coupons appertaining thereto corning
due on such date, and (2) a fixed semiannual
charge of ~500000 to cover and reimburse the
Authority for its administrative and overhead
expenses directly attributable and chargeable
to Little Bear Creek Bonds, plus the actual
cost of any routine annual accounting audits
to the Authority in connection with the Little
Bear Creek Bonds, and any extraordinary or
unexpected expenses or costs reasonably and
necessarily incurred by the Authority in con-
nection with the Little Bear' Creek Bonds, such
as expenses of litigation, if any.
22
(b) Such amounts as are necessary to pay, during
each Fiscal Year, any special or reserve
funds required to be established and/or
maintained by the provisions of the Little
Bear Creek Bond Reso1utiono
(c) Such amounts as are necessary to pay, in
addition to (b) above, any deficiency in any
of such funds or accounts required to be
accumulated and maintained by the provisions
of the Little Bear Creek Bond Reso1utiono
It is hereby agreed by City that upon delivery of
the Little Bear Creek Bonds, City shall be unconditionally
obligated to make the payments set out herein in connection
with the Little Bear Creek Bonds, regardless of whether or not
the Authority actually provides such facilities and services, or
whether or not the City actually receives or uses such facilities
and services, and the holders of the Little Bear Creek Bonds shall
be entitled to rely on the foregoing agreement and representation,
regardless of any other agreement between the Authority and the
City.
ARTICLE VI
Section 6.01. CONDITIONS PRECEDENT. It is expressly
understood and agreed that any obligation on the part of the
Authority to commence construction of facilities necessary to
serve City shall be conditioned upon the following:
23
(a) Sale of Bonds in an amount which, together
with other available funds, will be sufficient
to assure the construction of the System;
(b) The Authority's ability, or the ability of
the Authority's contractors, to obtain all
material, labor and equipment nécessary for
completion of the System;
(c) Deposit with the Authority by each of the
following cities of the dollar amounts
indicated below:
CITY
AMOUNT
...............
Bedford
ColleÝville
Euless
Hurst
$ 100,000
500,000
150,000
25,000
15% of the above amounts shall be deposited
with Authority at the time of execution of
this contract and the balance shall be de-
posited with Authority prior to the award of
construction contracts for the facilities
described in an amendment to the Engineering
Report entitled Engineering Report on Little
Bear Creek Interceptor, dated April, 1975,
prepared by Knowlton, Ratliff, English &
Flowers 0
(d) Delivery of the Little Bear Creek Bonds in
the amount of·$260,000.
Section 6.02. OBLIGATIONS OF CITY. Authority shall
never have the right to demand payment by City of any obligåtion
assumed or imposed on it under and by virtue of this contract
from funds raised or to be raised by taxation, it being expressly
understood by the parties hereto that all payments due by City
hereunder are to be made from the revenues and income received by
City from its waterworks and sanitary sewer systems, as authorized
by Section 3 of Article 1109i, Vernon's Annotated Civil Statutes.
Provided, the amount specified in Section 6.01 to be deposited
with Authority by City shall and may be made from any funds law-
fully available to City for such purpose.
,
24
Section 6.03. PAYMENTS TO CONSTITUTE OPERATING EXPENSES
I'
BY CITY. City represents and covenants that the services to be
obtained pursuant to this contract are essential and necessary to
the operation of City and its Local Wastewater Facilities, and
that all payments to be made' hereunder by it, except the amount
specified in Section 6.01, will constitute reasonable and neces-
sary lIoperating expenses 11 of City's waterworks and sanitary sevler
systems, within the meaning of Article 1113, Vernon's Annotated
Civil Statutes, and the provisions of all Ordinances authorizing
the issuance of all revenue bond issues of City which are payable
from revenues of City's waterworks and sewer systems.
Sectiòn 6.04. CITY TO ESTABLISH ADEQUATE RATES. City
agrees to establish and collect such rates and charges for
Waterworks and Domestic Wastewater services to be supplied by
its Waterworks and Domestic Wastewater systems as will make
possible the prompt payment of all expenses of operating and
maintaining its Waterworks and Domestic Wastewater systems,
including all payments contracted hereunder except the amounts
specified in Section 6.01, and the prompt payment of the
principal of and interest on its obligations, if any, payable
from the revenues of its Waterworks and Domestic Wastewater
systems.
Section 6.05. USE OF REVENUES OF SYSTEM. All revenues
received from any source whatsoever by Authority by reason
of its ownership of this System shall, to the extent permitted
by law, be credited to the funds of the System as established
in the Bond Resolutions. To the extent permitted by lavl, if
the Authority receives income from the use of treated Wastewater,
25
prior to its discharge into a public stream of the State of
Texas, the Authority will apply said income against the Operating
and Maintenance Expense of the System. Provided, that revenues
received by Authority from the Dallas-Fort Worth Regional Airport
Board under contract dated July 16, 1971, as amended, and any
revenues received under contracts~ the revenues from which are
pledged to the payment of special facility bonds, as permitted
in the Bond Resolutions, shall not be credited to said funds
of the System and will not be a part of the pledge of revenues
for payment of the Bonds. Neither shall any revenues received
by the Authority under contracts where the Authority is acting
as a signatory to the Texas Water Pollution Control Compact
be included as a part of the pledge of revenues for payment
of the Bonds. No funds derived from the Contracting Parties
shall ever be used for the benefit of any project the revenues
of which have-been excluded from the pledge for payment of the
Bonds hereunder or which may be so excluded in the future.
Section 6.06. FORCE 11AJEURE. In case by reason of
"Force Majeure" either party hereto shall be rendered unable
wholly or in part to carry out its obligations under this agree-
ment, then if such party shall give notice and full particulars
of such "Force Majeure" in writing 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, with the exception of
the obligation of City to make the payments required in Section
5.03(e) hereof, shall be suspended during the continuance of
26
the inability then claimed, but for no longer periods, and any
such party shall endeavor to remove o~ overcome such inability
with all reasonable dispatch. The term "Force l1ajeure" 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, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraint
I'
of government 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 Domestic
Waste\~ater system hereunder, or of Authority to receive Wastewater
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 requirement 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.
Section 6.07. INSURANCE. Authority will carry insurance
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.
Section 6.08. REGULATORY 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 authorized representative or agency
of any of them.
27
Section 6.09. ADVISORY CO~1ITTEE. The City's governing
body shall annually appoint one of the members of its governing
body or one of its officers as a voting member of the Advisory
Committee for the Authority's Central Wastewater Treatmen·t System.
Said Committee shall be comprised of one voting representative
of each Contracting Party and Additional Contracting Party. Ad-
ditionally, the Board of Directors of the Authority shall annually
appoint to j' of the Advisory Committee
serve as non-voting members
one of its Dallas County Directors and one of its Tarrant County
Directors. The Advisory Committee, at its first called meeting,
shall elect a Chairman, a Vice Chairman and a Secretary. The
Advisory comr.'ittee shall establish by-laws governing the election
of officers, meeting dates and other matters pertinent to the
functioning of the Advisory Committee. The Advisory Committee
shall consult with and advise' the Authority, through its .General
Manager, with regard to the following matters pertaining to the
System:
(i) .Future plans for expansion;
(ii) Methods for improved service;
(iii) The inclusion of Additional Contracting Parties;
(iv) The proposed Annual Budget, prior to its submission
by the Authority's General Manager to the Authority's
Board;
(v) Review of the Annual Report and Annual Audit;
and
(vi) All such matters as relate to its management,
operation and maintenance.
Said Committee shall inspect, no less than ånnually, all physical
elements of the System. A copy of the minutes of the meetings
of the Advisory Committee and all other pertinent data, shall be
provided to the Authority's President.
28
The term of membership on the Advisory Committee shall
be for twelve (12) months, beginning on December 1st of each
year and ending on November 30th of the succeeding year. A member
may serve more· than one (1) term if so appointed by the governing
body represented. The Authority's General Manager, or his designated
representative, shall serve ex-officio as a member of the Advisory
Committee without voting rights. All expenses of the Advisory
,
Committee shall be considered as an operating expense of the System.
Section 6.10. AUTHORITY CONTRACTS WITH OTHERS. The
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, however, that no contract will be made for
service within City's City limits or within the extra-territorial
jurisdiction of any City, as defined, in Article 970a, Vernon's
Annotated Civil Statutes, on the date of such contract, without
such City's written consent.
Section 6.11. ADDITIONAL CAPACITY AND FACILITIES.
As the responsible agency for the establishment, administration,
operation and maintenance of the System, the Authority will,
from time to time, determine when it is necessary to provide
additional facilities to receive, transport, treat and dispose
of additional Wastewater of the Contracting Parties and any Ad-
ditional Contracting Parties. In making the determinations called
for herein, Authority covenants that such determinations will
be made only after detailed studies of statistical data
available as to the need and feasibility have been made and after
consulting with the Advisory Committee, consulting engineers and
financial advisors. City will be kept advised at all times of
planning and proposed development of the System. In no event
shall any contract with an Additional Contracting Party be on
29
terms mare favorable than is available to City hereunder unless
the governing body of City shall approve such contract.
Section 6.12. CITY CONTRACTS WITH OTHERS. City shall
have the right to enter into contracts with other persons outside
the City limits of City, natural or corporate, private or public,
to receive Wastewater from such persons. City covenants that
it will advise Authority of all contracts under which Wastewater
will ultimately enter Authority's System and will, if requested
by Authority, furnish Authority with a copy of such contracts.
Section 6.13. ANNUAL REPORT AND AUDIT OF SYSTEM.
The Authority shall, at the close of each Fiscal Year, cause to
be prepared an Annual Report and Audit of the System. Such report
shall contain such matters and information as may be considered
necessary and usef~l by Authority and the Advisory Committee.
Section 6.14. PUBLICATIONS, REFERENCE WORKS, GOVERN-
MENTAL REGULATIONS. In each instance herein where reference
is made to a publication, reference work or Federal or State
regulation, it is the intention of the parties that at any given
time the then current edition of any such publication of reference
work or Federal or State regulation shall apply. If a publication
or reference work is discontinued or ceases to be the generally
accepted work in its field or if conditions change or new methods
or processes are implemented by the Authority, new standards shall
be adopted which are in compliance with State and Federal laws
and any valid rules and regulations issued pursuant thereto.
Section 6.15. OPERATION OF THE SYSTEM. Authority
covenants that it will operate the System in accordance with accepted
good business and engineering practices and in accordance with
requirements of the Federal Water Pollution Control Act, as amended,
and as said Act may be amended in the future, and any rules and
regulations issued and to be issued by appropriate agencies in
30
the administration of said Act. City and Authority agree that
their obligations hereunder shall include compliance with the
requirements made under said Act, and any rules and regulations
issued pursuant thereto. Upon sale of the first issue of Bonds,
Authority will immediately commence actions designed to eliminate
odors caused by the ponds of Author1ty's present Sy~tem. It is
the intention of Authority to proceed as rapidly as possible with
the design and construction of new facilities to eliminate all
known sources of odor.
ARTICLE VII
AUTHORITY ANNUAL BUDGET
Section 7.01. FILING WITH CITY. Not less than forty
(40) days before the commencement of Fiscal Year 1976 and not
less than forty (40) days before the commencement of each Fiscal
Year thereafter while this contract is in effect, Authority shall
cause to be prepared as herein provided its tentative budget for
the operation of the System only for the next ensuing Fiscal Year.
A copy of such tentative budget shall be filed with each Contracting
Party and Additional Contracting Party. If no protest or request
for a hearing on such tentative budget is presented to Authority
within ten (10) days after such filing of the tentative budget
by one or more Contracting Parties or Additional Contracting Parties,
the tentative budget for the System, when adopted by Authority's
Board of Directors, shall be considered for all purposes as the
"Annual Budget" for the next ensuing Fiscal Year. But if protest
or request for a hearing is duly filed, it shall be the duty of
the Authority to fix the date and time for a hearing on the tentative
budget before the Advisory Committee as constituted in Section
6.11 hereof and shall so advise all Contracting Parties and Ad-
ditional Contracting Parties in writing. The Advisory Committee
shall consider the testimony and showings made in such hearing
31
and shall report its findings to the Board of Directors of Authority.
The Board of Directors of Authority may adopt the budget or make
such amendments thereof as to it may seem proper. The budget
thus approved by the Board of Directors of the Authority shall
be the Annual Budget for the next ensuing Fiscal Year.
The Annual Budget may be amended to provide for transfers
of budgeted funds between expenditure accounts, provided however
. ,
that said transfers do not result in an overall increase in budgeted
funds as approved in the Annual Budget. The Annual Budget may
be increased through formal action by the Board of Directors of
Authority. Certified copies of the amended Annual Budget and
resolution shall be filed immediately by the Authority with each
Contracting Party and Additional Contracting Party.
ARTICLE VIII
EFFECTIVE DATE AND TERN OF CONTRACT
Section 8.01. EFFECTIVE DATE. This contract shall
become effective as of the date of execution hereof.
Section 8.02. TERN OF CONTRACT. This contract shall
continue in force and effect £rom the effective date hereof until
November 29, 2023, and thereafter shall continue in effect until
any Outstanding Bonds, Bonds, or any Bonds issued to refund same,
if any, have been paid in full. City shall have the right to
the continued performance of services provided hereunder for the
amortization of Authority's investment in the System, upon
payment of charges by City, reduced to take into consideration
such amortization.
IN WITNESS WHEREOF, the parties hereto acting under
authority of their respective governing bodies have caused
32
this contract to be duly executed in several counterparts,
each of which shall constitute an original, all as of the
28th day of May, 1975.
TRINITY RIVER AUTHORITY OF TEXAS
BY
David H. Brune, General Manager
ATTEST:
Secretary, Board of Directors
(SEAL)
/
~ITY OF. ~9iT. H~¡CH AND HILLS,
---- /~ . 11 1'} ;)
BY / /VA' ¿w. [/,;WN
v' Mayor
TEXAS
ATTEST:
/.>1,,1
~~'2-fuL_/:tef ~¿~t/
ci ty Secretary (j
(S EAL)
33