HomeMy WebLinkAboutContract 32439 . J J
TARY
COMPROMISE SETTLEMENT AGREEMENT
WHEREAS, on August 17, 1999, AquaSource Development Company
(AquaSource) filed an application with the Texas Natural Resource Conservation
Commission (TNRCC) for a Certificate of Convenience and Necessity (CCN) to provide
water service to the Chisolm Springs Development in Wise and Tarrant Counties
(Chisolm Springs), same being Application No. 32744-C;
WHEREAS, on August 17, 1999, AquaSource filed an application with the
TNRCC for a CCN to provide sewer service to Chisolm Springs, same being Application
No. 32745-C;
WHEREAS, the City of Fort Worth (City) filed an objection and protest to
Application Nos. 32744-C and 32745-C;
WHEREAS, on August 20, 1999, AquaSource filed an application with the
TNRCC for a CCN to provide sewer service to The Resort on Eagle Mountain Lake in
Tarrant County("The Resort"), same being Application No. 32763-C;
WHEREAS, the City filed an objection and protest to Application No. 32763-C;
WHEREAS Fort Worth's protests of The Resort and Chisolm Springs CCNs were
referred to the State Office of Administrative Hearings (SOAK for a hearing and have
been assigned Consolidated Docket No. 582-00-0117;
WHEREAS, at the March 30, 2000 preliminary hearing in SOAH Docket No.
582-00-0117, J. Michael Bray of Jackson-Shaw Company and Pace Communities and
Ronald Welborn of Global Universal, Inc. (collectively, the "Chisolm Springs
Developers"), representing the Chisolm Springs development, intervened and were given
party status in that docket;
WHEREAS, at the March 30, 2000 preliminary hearing in SOAH Docket No.
582-00-0117, Ross B. Calhoun and- Mehrdad Moayedi (collectively, "the Resort
Developers"), representing The Resort development, intervened and were given party
status in that docket;
WHEREAS, on August 17, 1999, AquaSource filed a request with the TNRCC
for the issuance of a TDPES Permit authorizing use of treated wastewater effluent from
The Resort on Eagle Mountain Lake for irrigation purposes, same being Permit
Application No. 14125-001;
WHEREAS, on August 24, 1999, AquaSource filed a request with the TNRCC
for the issuance of a TDPES Permit authorizing the discharge of treated was
effluent from.Chisolm Springs, same being Permit Application No. 14129-
`t 1T 'S d
WHEREAS, the City has filed an objection and protest to AquaSource's
application for TPDES Permit Nos. 14125-001 and 14129-001; and
WHEREAS, the City, AquaSource and the Chisolm Springs and Resort
Developers desire to resolve their differences in a manner that will permit Fort Worth to
withdraw its protests to AquaSource's CCN and TPDES applications for The Resort and
Chisolm Springs;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City, acting herein by and through Mike Groomer, its duly authorized
Assistant City Manager, AquaSource Development Company, acting herein by and
through Malcolm Bailey, its duly authorized president; Michael Bray, Jackson-Shaw
Company, Pace Communities, Ronald Welborn and Global Universal, Inc., for
themselves and on behalf of Chisolm Springs; and Ross B. Calhoun and Mehrdad
Moayedi, for themselves and on behalf of The Resort, do hereby agree as follows:
1. The terms of the settlement agreement related to AquaSource CCN Application
Nos. 32744-C and 32745-C for water and sewer service to Chisolm Springs and to
AquaSource's application for TPDES Permit No. 14129-001, are contained in Exhibit
"A", which is attached hereto and incorporated herein. Said Exhibit "A" is made a part
hereof for all purposes as if copied verbatim herein.
2. The terms of the settlement agreement related to AquaSource CCN Application
No. 32763-C for sewer service to The Resort on Eagle Mountain Lake and to
AquaSource's Application for TPDES Permit No. 14125-001, are contained in Exhibit
"B", which is attached hereto and incorporated herein. Said Exhibit "B" is made a part
hereof for all purposes as if copied verbatim herein.
3. By executing this agreement, the The Resort and Chisolm Springs Developers (1)
signify their concurrence with the terms set forth in Exhibits "A"and"B" to this
Agreement which create certain rights.and obligations as between AquaSource and the
City; (2) agree that they will not interfere with the performance of those terms; and (3)
further agree to be bound by the terms and conditions set forth in paragraphs 4 through 13
below.
4. The Resort and Chisolm Springs Developers agee to withdraw as parties from
SOAH Consolidated Docket No. 582-00-0117 upon Fort Worth's withdrawal of its
protests to the CCN and TPDES applications pursuant to this Agreement.
5. The decision to connect The Resort on Eagle Mountain Lake to the Fort Worth
sanitary sewer system and the timing of such connection shall be in the sole discretion of
Fort Worth.
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM,SPRINGS
6. The decision to connect Chisolm Springs to the Fort Worth water or sanitary
sewer system and the timing of such connection(s) shall be.at the sole discretion Of Fort
Worth.
7. The parties agree that the designation under this Compromise Settlement
Agreement of areas and customers to be served by water and sewer utility providers is
valid and enforceable and may be submitted to the TNRCC for approval at the
appropriate time pursuant to Section 13.248 of the Texas Water Code regarding contracts
designating areas to be served by retail public utilities.
8. Upon the City's election to connect its utility system to the Resort sewer system
or to the Chisolm Springs water or sanitary sewer system, the City shall deliver to the
TNRCC (or the agency with approval authority at that time) all required notices with
respect to the change in ownership, conveyance of the systems and any transfer of
deposits and obtain any approval, if required, of same. AquaSource and the Resort and
Chisolm Springs Developers shall cooperate and assist City to the extent reasonably
necessary in obtaining such consents or approvals.
9. If the Resort Developers engage or allow any utility other than AquaSource to
provide wastewater service to The Resort, then The Resort Developers will first
contractually obligate such provider to the terms and conditions of this Compromise
Settlement Agreement to the same extent that AquaSource is obligated.
10. If the Chisolm Springs Developers engage or allow any utility other than
AquaSource to provide water or wastewater service to Chisolm Springs, then The
Chisolm Springs Developers will first contractually obligate such provider to the terms
and conditions of this Compromise Settlement Agreement to the same extent that
AquaSource is obligated.
11. This Compromise Settlement Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective legal representatives, affiliates,
successors and assigns.
12. The parties acknowledge that each party and its counsel have reviewed and
revised this Contract and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or exhibits hereto.
13. This Compromise Settlement Agreement constitutes the sole and only agreement
of the parties with respect to the subject matter hereof and supersedes any prior
understandings or written or oral agreements among the parties concerning the subject
matter hereof.
Wherefore, premises considered, the parties hereto have executed this
Compromise Settlement Agreement on the f1iday of October, 2005
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRINGS
Page 3 of I 1
ATTEST: CI F T 0
By:
arty( endrix arc tt
City Secretary Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
AV,e vzi, Ax�
qty Attorney
ATTEST: AQUASOURCE DEVELOPMENT
COMPANY
By:
Corporate Secretary Malcotm Bailey
r-� President
Contract Authorization
�� l�- -,�n q Ross Calhoun, Individually
Date
Merhdad Moayedi, Individually
in T TG449AT G�
�P rra i VDT" �vvSapl-T
By:
Print Name:
Title:
Ronald Welborn, Individually
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRINGS
Page 4 of I I
r
ATTEST: CITY OF FORT WORTH r
By:
City Secretary Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
City Attorney
ATTEST: AQUASOURCE DEVELOPMENT
COMPANY
By:
Corporate Secretary Malcolm Bailey
President
Ross Calhoun, Individually �
�I7-b`
Merhdad Moayedi, Individually
2TCV Ti. a i i v—vr�v rzcvv a ivtr
By:
Print Name:
Title:
Ronald Welborn, Individually
f Jt 1 '-i�. �i v' �R!
COMPROMISE SETTLEMENT AGREEMENT �� „j:��',U � �n
AQUASOURCE RESORT CHISOLM SPRINGS +' '' f6� ��Le
Page 4 of[
ATTEST: CITY OF FORT WORTH
BY
Gloria Pearson Mike Groomer
City Secretary Assistant City Manager
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
ATTEST: AQU S DEVELOPMENT
CO
rA,)
By:
ASS'. rporaxe ecretary David Be Vico- esident
Ross Calhoun,Individually
Mcrhdad Moayedi,Individually
PAVEWAY CONSTRUCTION
By:
Print Name:
Titic:
Ronald Welborn, Individually
COMPROMISS SETTLEMENT AGREEMENT
AQUASOURCR RESORT CHISOLM SPRINGS
Pop 4 of I I
90•d E17:CT OOOZ SZ }zo S6T8-1L8-2-T8:xe
d "1d3Q 2131tIM H1210m 12104
r
GLOBAL UNIVERSAL, INC.
By:
Print Name:
Title:
ichael Bray, Individually
PACE COINCvfUNITIES, a Division
of Jackson-Shaw Company
By:
Prin ame: J, Mje-j4'f*-j-
Title:
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRINGS
D,.;.Q�F I I
STATE OF TEXAS §
COUNTY OF TAR.RANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on.this day personally appeared;1am A-otr , known tome to be the person whose
name is subscribed to the foregoing Compromise Settlement Agreement, and acknowledged
to me that the same was the act of the City of Fort Worth and that he executed the same as
the act of said City of Fort Worth for the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this S"day of October,
2005
otary Public in and for the
State of Texas
My Commission expires: p'7_,2 6 Notary's name printed:
��TT�•e �a�e
HETTIE LANE
'y of COMMISSION EXPIRES
JUIy 26,2007
Ctj /06
COMPROMISE SETTLEMENT AGREEMENT
A UASOURCE RESORT CHISOLM SPRINGS
Pave 6 of I I Lill
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared David Beyer,known to me to be the person whose
name is subsc'bed to the foregoing instrument, and acknowledged to that he cxecuted the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4 yday of October,
2000.
IBRUNDA A.LAWLA"
'' b Notary lic is and for the
comb 1P,Zoos State of Texas
My Commission Expires: 3`i 9 f 0 3 Notays name printed:
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRWGS
Pogo 9 of I I
60'd £b:ZT OOOZ
S6I8-TL8-LT8:xp3 'Id3l 83188 H1210fq 121013
r,
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned notary public in and for the above designated county
and state, personally appeared Ross Calhoun, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, day of October,
2000.
,, .5! + DIANE RADCLIFF
Air Notary Notary Public,State of Texas
My Commission fres
�'�,���+� July 14,zoom Notary Public ' and forth
State of Texas
My Commission expires:_Z� Notary's name printed:
�ltnlC �,Ply
C� lr=F
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRINGS
Page 8 of 11
STATE OF TEXAS §
COUNTY OF TARRANI' §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Merhdad Moayedi, known to me to
be the person whose name is subscribed to the foregoing Compromise Settlement
Agreement, and acknowledged to me that the same was the act of the Paveway
Construction and that he executed the same as the act of said Paveway Construction
for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this,3 day of
October, 2000.
I J,141
"'va 0O." DIANE RADCLIFF
-! "t Notary Public.State of Texas
' My Commission Expires
July 14,2004_ Notary Public in and for the
State of Texas
My Commission expires: 7 / p Notary's name printed:
iW
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRINGS
Page 9 or I I
r
STATE OF TEXAS §
COUNTY OF TARR.ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Ronald Welborn, known to me to be the person
whose name is subscribed to the foregoing Compromise Settlement Agreement, and
acknowledged to me that the same was the act of the Global Universal, Inc. and that he
executed the same as the act of said Global Universal, Inc. for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October,
2000.
Notary Public in and for the
State of Texas
My Commission expires: Notary's name printed:
COMPROMISE SETTLEMENT AGREEMENT
AQUASOURCE RESORT CHISOLM SPRINGS
Page.10 of 1 I
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared J. Michael Bray, known to me to be the person
whose name is subscribed to the foregoing Compromise Settlement Agreement, and
acknowledged to me that the same was the act of the Pace Communities, a Division of
Jackson-Shaw Company and that he executed the same as the act of said Pace Communities,
a Division of Jackson-Shaw Company for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October,
2000. ;/•'
NIAICAELA J. SPRAGUEjjh
_
STATE of Twos
M,CO,, EXP11-1 8-202 Nsttary Pubic and or the
State of Texas
My Commission expires: j a- Notary's name printed:
J• ,r y
COMPROMISE SETTLEMENT AGREEMENT f ,✓ ^'�
AQUASOURCE RESORT CHISOLM SPRINGS
FOR SETTLEMENT PURPOSES ONLY
September 21, 2000
Malcolm Bailey
President
AquaSource Development Company
11100 Brittmoore Park Drive
Houston, Texas 77041
Re: Chisolm Springs Subdivision (Chisolm Springs); Application of AquaSource
Development Co. (AquaSource), Texas Natural Resource Conservation Commission
(TNRCC) Docket Nos. 1999-1439-UCR and 1999-1440-UCR
Dear Mr. Bailey:
This letter contains the terms of agreement for our settlement on Chisolm Springs, and is based
on the agreement previously reached for The Resort. The primary difference between this letter
of agreement and the one for The Resort is the addition of terms covering the water system
because this agreement also settles Fort Worth's protest of the AquaSource water CCN for
Chisolm Springs. I believe the terms of Attachment 1 incorporate the oral discussions and
agreements we have reached at various settlement meetings.
Agreement Terms:
1. The City will withdraw its opposition to (1) AquaSource's proposed CCN
applications in the referenced TNRCC Dockets and (2) the associated wastewater
discharge permit No. 14129-001 with the changes in the draft permit recommended
by the City as outlined in Attachment 1;
2. Subject to the following terms and conditions, the City will agree not to oppose any
future applications that are both necessary for, and consistent with, AquaSource's
proposed interim utility service and wastewater system for Chisolm Springs (as
presently designed and as modified pursuant to the draft permit changes in
Attachment 1);
3. When the City has constructed any lift stations and sewer mains necessary to serve
Chisolm. Springs, then the City will connect Chisolm Springs' collection system to
the City's system at no cost to the developer or AquaSource for the extension, lift
station or connection;
4. When the City has constructed any water lines and related water service facilities
necessary to serve Chisolm Springs, then the City will connect Chisolm Springs' .
water system to the City's system at no.cost to the developer or AquaSource for the
extension or connection;
Exhibit "A"
: 4
Page 1 of 10 f V .'' : 5;'ri YZ
tf L a
5. Fort Worth will agree to waive its normally-required wastewater engineering study
and design requirements for Chisolm Springs subdivision plat approval, provided that
AquaSource will convey the Chisolm Springs wastewater collection system to the
City for a purchase price of $10, as well as provide the City with the names,
addresses, and monthly water meter readings from all wastewater system customers,
plus any wastewater customer deposits, at the time of takeover of the wastewater
system. In addition, at the time of takeover of the wastewater system, Fort Worth will
purchase from AquaSource at Net Book Value (as defined in Attachment 2) all
nonleased wastewater facilities, including additions and/or modifications to any
facilities that were contributed by developers or financed with other contributions in
aid of construction, so long as such additions and/or modifications were reasonably
and necessarily paid for by AquaSource. With respect to "leased" wastewater
facilities, Fort Worth agrees to reimburse AquaSource for lease payments that
AquaSource has not previously recovered from wastewater connections at the time of
the takeover of the wastewater system by Fort Worth, pursuant to the methodology
and based on the assumptions set forth in Attachment 2;
6. Fort Worth will agree to waive its normally-required water system design
requirements for the Chisolm Springs' subdivision plat approval and will approve the
system as currently proposed by AquaSource and the developer, provided that
AquaSource will convey the Chisolm Springs' water distribution system to the City
for a purchase price of$10, as well as provide the City with the names, addresses, and
monthly water meter readings from all water system customers, plus all water
customer deposits, at the time of takeover of the water system. In addition, at the
time of takeover of the water system, Fort Worth will purchase from AquaSource at
Net Book Value (as defined in Attachment 2) all water treatment facilities including
additions and/or modifications to any facilities that were contributed by developers or
financed with other contributions in aid of construction; so long as such additions
and/or modifications were reasonably and necessarily paid for by AquaSource.
7. Once Chisolm Springs is connected to Fort Worth's water or sewer system,
AquaSource will cease providing that water or sewer utility service to Chisolm
Springs, and the City shall have no further obligations to AquaSource with regard to
the costs, operation, equipment" removal or site restoration of AquaSource's
operations of that utility at Chisolm Springs; and
8. AquaSource will agree not to protest any water or sewer CCN or sales-transfer-
merger applications filed by the City to serve Chisolm Springs or to serve areas which
will be served by the main water or sewer line connecting Chisolm Springs to Fort
Worth's system.
Exhibit"A"
Page 2 of 10
. f
Upon receiving your signature agreeing to these terms, we will prepare a more formal agBement
document for review by you and your attorney and will make every effort to set the approval of
those formal agreements for the Fort Worth City Council's October 10, 2000 agenda. Please
contact me with any objections to this agreement as soon as possible.
Dale A. Fisseler, P.E., Director
Fort Worth Water Department
Agreed:
Malcolm Bailey, President
AquaSource Development Company
cc: Mr. Ron Welborn
Mr. Mike Bray
Mr. Mark Zeppa
Mr. Mike Groomer
Ms. Susan Zachos
Exhibit"A"
Page 3 of 10
ATTACHMENT 1
The Chisolm Springs wastewater discharge permit should include provisions substantially
similar to the following:
a The permittee shall be required to tie onto the City of Fort Worth's municipal wastewater
system at such time as the City of Fort Worth's system is extended to the Chisolm Springs
subdivision. The terms and conditions of the transfer of wastewater service shall be as
agreed by the permittee and the City of Fort Worth subject to applicable rules of the TNRCC.
b. The Interim Phase 1, Interim Phase 2, and Final Phase daily average effluent limitations shall
be as follows:
5-day carbonaceous biochemical oxygen demand: 5 mg/l
Total suspended-solids 5 mg/l
Ammonia-nitrogen: 2 mg/l
Total phosphorus: 1 mg/1 _
Minimum dissolved oxygen: 5 mg/l
c. The permittee shall sample the receiving stream between its outfall and Eagle Mountain Lake
on a quarterly basis to monitor the transport and fate of nitrogen and phosphorus from its
discharge and to identify whether nutrients from the plant are reaching Eagle Mountain Lake.
Exhibit "A"
Page 4 of 10
ATTACHIZENT 2 +
1. For purposes of Paragraphs 5 and 6, with respect to water and wastewater facilities reasonably
and necessarily paid for by AquaSource (including"nonleased"wastewater facilities), "Net Book
Value" is the original cost to AquaSource of purchasing or constructing the nonleased facilities
(not to exceed the fair market value in Tarrant County for facilities of the same type and
specifications), less accumulated depreciation (calculated following generally accepted utility
ratemaking practices), contributions in aid of construction, and accumulated deferred income
taxes, all at the time of purchase by Fort Worth.
2. With respect to "leased"wastewater facilities,Fort Worth agrees to reimburse AquaSource for
lease payments not previously recovered from wastewater connections at the time of the takeover
of the wastewater system by Fort Worth. The Parties agree that the first phase of wastewater
treatment plant facilities will be constructed to serve 500 connections and the annual lease
payment will be$62,111 calculated based on an original fair market value of$400,000, a 9.5
percent annual interest rate, and a payout period of 10 years. The annual lease payment for any
subsequent leased wastewater facilities will be based on the original fair market value of the
facilities (not to exceed the fair market value in Tarrant County for facilities of the same type and
specifications), the"prime"borrowing rate at the time placed into service, and a 10-year payout
period. The Parties further agree that the example set forth in Attachment 2A fairly and
accurately represents the Parties'understanding of the methodology that will be used to calculate
the amount of Fort Worth's reimbursement to AquaSource for leased wastewater facilities
(adjusted for actual numbers).
3. By the 31st of January of each year, AquaSource will provide to Fort Worth in writing a schedule
similar to that contained in Attachment 2A through December 31 of the preceding year reflecting
actual connections. In addition, AquaSource will also provide to Fort Worth in writing influent
and effluent flow volumes for each month of the preceding calendar year.
4 AquaSource will notify the Fort Worth Water Department in writing at least 90 days before
incurring any additional lease obligations for any wastewater treatment plant facilities. Fort
Worth shall have the right to verify the necessity for and fair market value (not to exceed the fair
market value in Tarrant County for facilities of the same type and specifications) of
AquaSource's proposed lease obligations by obtaining competitive bids from third party suppliers
or contractors. If Fort Worth responds with,a written notice to AquaSource stating that it
disagrees with the proposed additional lease•obligation and stating the basis for its disagreement,
then the Parties will work together in good faith during the remainder of the 90-day period to
attempt to resolve the disagreements over.the protested additional lease obligation. If the parties
cannot agree, then the protest shall be settled exclusively by arbitration, to be conducted in
accordance with the Commercial Arbitration Rules then in force of the American Arbitration
Association.
5. AquaSource will be responsible for removing any leased facilities and equipment that may be on
the property at the time Fort Worth takes over the wastewater system. At a minimum,if
requested by Fort Worth, AquaSource will bear the costs of decommissioning, dismantling, and
hauling off the wastewater treatment plant and equipment owned or abandoned by AquaSource or
by an AquaSource-affiliated entity. The disposal of any associated waste present, at the time of
purchase,will be carried out in accordance with all applicable federal, state and local regulations
and shall be the responsibility of the City of Fort Worth, whose expense to perform such duties
shall be capped at$30,000. Any cost in excess of$30,000 shall be the responsibility of
AquaSource.
Exhibit"A"
Page 5 of 10
' t
ATTACHMENT 2A
(For Example Only) -
Assumptions:
Original Fair Market Value of Package
Plant: $400,000
Prime Borrowing Rate: 9.5%
Number of Connections Served by Package Plant: 500
Years to Build-out: 10
Monthly Lease Payment(10-year payout period at prime borrowing rate): $5,175.90
Lease Payment per Month per Connection ($5175.90/500 connections): $10.35
Recovered Monthly Unrecovered Lease Payments
Lease Lease
Year Month Connections Payments Payments Monthly Cumulative
1 1 4.166667 4 $41.41 $5,175.90 ($5,134) ($5,134)
2 4.166667 8 $82.81 $5,175.90 ($5,093) ($10,228)
3 4.166667 13 $134.57 $5,175.90 ($5,041) ($15,269)
4 4.166667 17 $175.98 $5,175.90 ($5,000) ($20,269)
5 4.166667 21 $217.39 $5,175.90 ($4,959) ($25,227)
6 4.166667 25 $258.80 $5,175.90 ($4,917) ($30,144)
7 4.166667 29 $300.20 $5,175.90 ($4,876) ($35,020)
8 4.166667 33 $341.61 $5,175.90 ($4,834) ($39,854)
9 4.166667 38 $393.37 $5,175.90 ($4,783) ($44,637)
10 4.166667 42 $434.78 $5,175.90 ($4,741) ($49,378)
11 4.166667 46 $476.18 $5,175.90 ($4,700) ($54,078)
12 4.166667 50 $517.59 $5,175.90 ($4,658) ($58,736)
2 1 4.166667 54 $559.00 $5,175.90 ($4,617) ($63,353)
2 4.166667 58 $600.40 $5,175.90 ($4,575) ($67,929)
3 4.166667 63 $652.16 $5,175.90 ($4,524) ($72,452)
4 4.166667 67 $693.57 $5,175.90 ($4,482) ($76,935)
5 4:166667 71 $734.98 $5,175.90 ($4,441) ($81,376)
6 4.166667 75 $776.39 $5,175.90 ($4,400) ($85,775)
7 4.166667 79 $817.79 $5,175.90 ($4,358) ($90,133)
8 4.166667 83 $859.20 $5,175.90 ($4,317) ($94,450)
9 4.166667 88 $910.96 $5,175.90 ($4,265) ($98,715)
10 4.166667 92 $952.37 $5,175.90 ($4,224) ($102,938)
11 4.166667 96 $993.77. $5,175.90 ($4,182) ($107,120)
12 4.166667 100 $1,035.18 $5,175.90 ($4,141) ($111,261)
Exhibit"A"
Page 6of10
3 1 4.166667 104 $1,076.59 $5,175.90 ($4,099) ($115,361)
2 4.166667 108 $1,117.99 $5,175.90 ($4,058) ($119,418)
3 4.166667 113 $1,169.75 $5,175.90 ($4,006) ($123,425)
4 4.166667 117 $1,211.16 $5,175.90 ($3,965) ($127,389)
5 4.166667 121 $1,252.57 $5,175.90 ($3,923) ($131,313)
6 4.166667 125 $1,293.98 $5,175.90 ($3,882) ($135,195)
7 4.166667 129 $1,335.38 $5,175.90 ($3,841) ($139,035)
8 4.166667 133 $1,376.79 $5,175.90 ($3,799) ($142,834)
9 4.166667 138 $1,428.55 $5,175.90 ($3,747) ($146,582)
10 4.166667 142 $1,469.96 $5,175.90 ($3,706) ($150,287)
11 4.166667 146 $1,511.36 $5,175.90 ($3,665) ($153,952)
12 4.166667 150 $1,552.77 $5,175.90 ($3,623) ($157,575)
4 1 4.166667 154 $1,594.18 $5,175.90 ($3,582) ($161,157)
2 4.166667 158 $1,635.59 $5,175.90 ($3,540) ($164,697)
3 4.166667 163 $1,687.34 $5,175.90 ($3,489) ($168,186)
4 4.166667 167 ,$1,728.75 $5,175.90 ($3,447) ($171,633)
5 4.166667 171 $1,770.16 $5,175.90 ($3,406) ($175,039)
6 4.166667 175 $1,811.57 $5,175.90 ($3,364) ($178,403)
7 4.166667 179 - $1,852.97 $5,175.90 ($3,323) ($181,726)
8 4.166667 183 $1,894.38 $5,175.90 ($3,282) ($185,007)
9 4.166667 188 $1,946.14 $5,175.90 ($3,230) ($188,237)
10 4.166667 192 $1,987.55 $5,175.90 ($3,188) ($191,426)
11 4.166667 196 $2,028.95 $5,175.90 ($3,147) ($194,573)
12 4.166667 200 $2,070.36 $5,175.90 ($3,106) ($197,678)
5 1 4.166667 204 $2,111.77 $5,175.90 ($3,064) ($200,742)
2 4.166667 208 $2,153.18 $5,175.90 ($3,023) ($203,765)
3 4.166667 213 $2,204.93 $5,175.90 ($2,971) ($206,736)
4 4.166667 217 $2,246.34 $5,175.90 ($2,930) ($209,665)
5 4.166667 221 $2,287.75 $5,175.90 ($2,888) ($212,554)
6 4.166667 225 $2,329.16 $5,175.90 ($2,847) ($215,400)
7 4.166667 229 $2,370.56 $5,175.90 ($2,805) ($218,206)
8 4.166667 233 $2,41-1.97 . $5,175.90 ($2,764) ($220,970)
9 4.166667 238 $2,463.73 $5,175.90 ($2,712) ($223,682)
10 4.166667 242 $2,505.14 $5,175.90 ($2,671) ($226,353)
11 4.166667 246 $2,546.54 $5,175.90 ($2,629) ($228,982)
12 4.166667 250 $2,587.95 $5,175.90 ($2,588) ($231,570)
6 1 4.166667 254 $2,629.36 $5,175.90 ($2,547) ($234,116)
2 4.166667 258 $2,670.77 $5,175.90 ($2,505) ($236,622)
3 4.166667 263 $2,722.52 $5,175.90 ($2,453) ($239,075)
4 4.166667 267 $2,763.93 $5,175.90 {$2,412) ($241,487)
5 4.166667 271 $2,805.34 $5,175.90 ($2,371) ($243,857)
6 4.166667 275 $2,846.75 $5,175.90 ($2,329) ($246,187)
7 4.166667 279 $2,888.15 $5,175.90 ($2,288) ($248,474)
Exhibit "A"
Pale 7 of 10
8 4.166667 283 $2,929.56 $5,175.90 ($2,246) ($250,721)
9 4.166667 288 $2,981.32 $5,175.90 ($2,195) ($252,915)
10 4.166667 292 $3,022.73 $5,175.90 ($2,153) ($255,068)
11 4.166667 296 $3,064.13 $5,175.90 ($2,112) ($257,180)
12 4.166667 300 $3,105.54 $5,175.90 ($2,070) ($259,251)
7 1 4.166667 304 $3,146.95 $5,175.90 ($2,029) ($261,280)
2 4.166667 308 $3,188.36 $5,175.90 ($1,988) ($263,267)
3 4.166667 313 $3,240.11 $5,175.90 ($1,936) ($265,203)
4 4.166667 317 $3,281.52 $5,175.90 ($1,894) ($267,097)
5 4.166667 321 $3,322.93 $5,175.90 ($1,853) ($268,950)
6 4.166667 325 $3,364.34 $5,175.90 ($1,812) ($270,762)
7 4.166667 329 $3,405.74 $5,175.90 ($1,770) ($272,532)
8 4.166667 333 $3,447.15 $5,175.90 ($1,729) ($274,261)
9 4.166667 338 $3,498.91 $5,175.90 ($1,677) ($275,938)
10 4.166667 342 $3,540.32 $5,175.90 ($1,636) ($277,573)
11 4.166667 346 $3,581.72 $5,175.90 ($1,594) ($279,167)
12 4.166667 350 $3,623.13 $5,175.90 ($1,553) ($280,720)
8 1 4.166667 354 $3,664.54 $5,175.90 ($1,511) ($282,232)
2 4.166667 358 $3,705.95 $5,175.90 ($1,470) ($283,702).
3 4.166667 363 $3,757.71 $5,175.90 ($1,418) ($285,120)
4 4.166667 367 $3,799.11 $5,175.90 ($1,377) ($286,497)
5 4.166667 371 $3,840.52 $5,175.90 ($1,335) ($287,832)
6 4.166667 375 $3,881.93 $5,175.90 ($1,294) ($289,126)
7 4.166667 379 $3,923.33 $5,175.90 ($1,253) ($290,378)
8 4.166667 383 $3,964.74 $5,175.90 ($1,211) ($291,590)
9 4.166667 388 $4,016.50 $5,175.90 ($1,159) ($292,749)
10 4.166667 392 $4,057.91 $5,175.90 ($1,118) ($293,867)
11 4.166667 396' $4,099.31 $5,175.90 ($1,077) ($294,944)
12 4.166667 400 $4,140.72 $5,175.90 ($1,035) ($295,979)
9 1 4.166667 404 $4,182.13 $5,175.90 ($994) ($296,973)
2 4.166667 408 $4,223.54 $5,175.90 ($952) ($297,925)
3 4.166667 413 $4,27.5.30 $5,175.90 ($901) ($298,826)
4 4.166667 417 $4,316.70- $5,175.90 ($859) ($299,685)
5 4.166667 421 $4,358.11 $5,175.90 ($818) ($300,503)
6 4.166667 425 $4,399.52 $5,175.90 ($776) ($301,279)
7 4.166667 429 $4,440.92 $5,175.90 ($735) ($302,014)
8 4.166667 433 $4,482.33 $5,175.90 ($694) ($302,707)
9 4.166667 438 $4,534.09 $5,175.90 ($642) ($303,349)
10 4.166667 442 $4,575.50 $5,175.90 ($600) ($303,950)
11 4.166667 446 $4,616.90 $5,175.90 ($559) ($304,509)
12 4.166667 450 $4,658.31 $5,175.90 ($518) ($305,026)
Exhibit"A'
Page 8 of 10
10 1 4.166667 454 $4,699.72 $5,175.90 ($476) ($305,502)
_ 2 4.166667 458' $4,741.13 $5,175.90 ($435) ($305,937)
3 4.166667 463 $4,792.89 $5,175.90 ($383) ($306,320)
4 4.166667 467 $4,834.29 $5,175.90 ($342) . ($306,662)
5 4.166667 471 $4,875.70 $5,175.90 ($300) ($306,962)
6 4.166667 475 $4,917.11 $5,175.90 ($259) ($307,221)
7 4.166667 479 $4,958.51 $5,175.90 ($217) ($307,438)
8 4.166667 483 $4,999.92 $5,175.90 ($176) ($307,614)
9 4.166667 488 $5,051.68 $5,175.90 ($124) ($307,738)
10 4.166667 492 $5,093.09 $5,175.90 ($83) ($307,821)
11 4.166667 496 $5,134.50 $5,175.90 ($41) ($307,863)
12 4.166667 500 $5,175.90 $5,175.90 $0 ($307,863)
11 1 500 $5,175.90 $0.00 $5,176 ($302,687)
2 500 $5,175.90 $0.00 $5,176 ($297,511)
3 500 $5,175.90 $0.00 $5,176 ($292,335)
4 500 $5,175.90 $0.00 $5,176 ($287,159)
5 500 $5,175.90 $0.00 $5,176 ($281,983)
6 500 $5,175.90 $0.00 $5,176 ($276,807)
7 500 $5,175.90 $0.00 $5,176 ($271,631) .
8 500 $5,175.90 $0.00 $5,176 ($266,455)
9 500 $5,175.90 $0.00 $5,176 ($261,280)
10 500 $5,175.90 $0.00 $5,176 ($256,1-04)
11 500 $5,175.90 $0.00 $5,176 ($250,928)
12 500 $5,175.90 $0.00 $5,176 ($245,752)
12 1 500 $5,175.90 $0.00 $5,176 ($240,576)
2 500 $5,175.90 $0.00 $5,176 ($235,400)
3 500 $5,175.90 $0.00 $5,176 ($230,224)
4 500 $5,175.90 $0.00 $5,176 ($225,048)
5 500 $5,175.90 $0.00 $5,176 ($219,872)
6 500 $5,175.90 $0.00 $5,176 ($214,696)
7 500 $5,175.90 $0.00 $5,176 ($209,521)
8 500 $5,175.90 $0.00 $5,176 ($204,345)
9 500 $5,175.90 $0.00 $5,176 ($199,169)
10 500 $5,175.90 $0.00 $5,176 ($193,993)
11 500 $5,175.90 $0.00 $5,176 ($188,817)
12 500 $5,175.90 $0.00 $5,176 ($183,641)
13 1 500 $5,175.90 -$0.00 $5,176 ($178,465)
2 500 $5,175.90 $0.00 $5,176 ($173,289)
3 500 $5,175.90 $0.00 $5,176 ($168,113)
4 500 $5,175.90 $0.00 $5,176 ($162,937)
5 500 $5,175.90 $0.00 $5,176 ($157,762)
6 500 $5,175.90 $0.00 $5,176 ($152,586)
7 500 $5,175.90 $0.00 $5,176 ($147,410)
8 500 $5,175.90 $0.00 $5,176 ($142,234)
Exhibit"A"
Page 9of10
r�
9 500 $5,175.90 $0.00 $5,176 ($137,058)
10 500 $5,175.90 $0.00 $5,176 ($131,882)
11 500 $5,175.90 $0.00 $5,176 ($126,706)
12 500 $5,175.90 $0.00 $5,176 ($121,530)
14 1 500 $5,175.90 $0.00 $5,176 ($116,354)
2 500 $5,175.90 $0.00 $5,176 ($111,178)
3 500 $5,175.90 $0.00 $5,176 ($106,002)
4 500 $5,175.90 $0.00 $5,176 ($100,827)
5 500 $5,175.90 $0.00 $5,176 ($95,651)
6 500 $5,175.90 $0.00 $5,176 ($90,475)
7 500 $5,175.90 $0.00 $5,176 ($85,299)
8 500 $5,175.90 $0.00 $5,176 ($80,123)
9 500 $5,175.90 $0.00 $5,176 ($74,947)
10 500 $5,175.90 $0.00 $5,176 ($69,771)
11 500 $5,175.90 $0.00 $5,176 ($64,595)
12 500 $5,175.90 $0.00 $5,176 ($59,419)
15 1 500 $5,175.90 $0.00 $5,176 ($54,243)
2 500 $5,175.90 $0.00 $5,176 ($49,068)
3 500 $5,175.90 $0.00 $5,176 ($43,892) .
4 500 $5,175.90 $0.00 $5,176 ($38,716)
5 500 $5,175.90 $0.00 $5,176 ($33,540)
6 500 $5,175.90 $0.00 $5,176 ($28,364)
7 500 $5,175.90 $0.00 $5,176 ($23,188)
8 500 $5,175.90 $0.00 $5,176 ($18,012)
9 500 $5,175.90 $0.00 $5,176 ($12,836)
10 500 $5,175.90 $0.00 $5,176 ($7,660)
11 500 $5,175.90 $0.00 $5,176 ($2,484)
12 500 $5,175.90 $0.00 $5,176 $2,691
Exhibit"A"
Page 10 of 10
FOR SETTLEMENT PURPOSES ONLY
September 8, 2000
Malcolm Bailey
President
AquaSource Development Company
11100 Brittmoore Park Drive
Houston, Texas 77041
Re: The Resort on Eagle Mountain Lake (The Resort); Application of AquaSource
Development Co., Texas Natural Resource Conservation Commission (TNRCC)
Docket No. 1999-1467-UCR
Dear Mr. Bailey:
Thank you for the quick response on the agreement regarding The Resort and Chisolm
Springs developments. I agree that we are "set to go" and have amended the agreement with
your recommended changes. In order to simplify section 5 of Attachment 2, we changed the
wording to provide for the removal of any waste at any time to be accomplished in accordance
with applicable law.
Agreement Terms:
1. The City will withdraw its opposition to (1) The Resort's proposed CCN application
in the referenced TNRCC Docket and (2) the associated wastewater discharge permit
No. 14125-001 with the changes in the draft permit recommended by the City as
outlined in Attachment 1;
2. Subject to the following terms and conditions, the City will agree not to oppose any
future applications that are both necessary for, and consistent with, The Resort's
proposed interim utility service.and wastewater system (as presently designed and as
modified pursuant to the draft permit changes in Attachment 1);
3. When the City has constructed any necessary lift stations and sewer mains necessary
to serve The Resort, the City will connect The Resort's collection system to the City's
system at no cost to the developer or AquaSource for the extension, lift station or
connection;
4. Fort Worth will agree to waive its normally required wastewater engineering study
and design requirements for The Resort subdivision plat approval, provided
AquaSource will convey The Resort's wastewater collection system to the City for a
purchase price of$10 at the time of takeover and agree to provide the City with the
names, address, and monthly water meter readings from all system customers, plus
customer deposits. In addition,Fort Worth will purchase from AquaSource at Net
Book Value(as defined in Attachment 2) all nonleased wastewater facilities,
including additions and/or modifications to facilities that were contributed by
Exhibit "B"
Page 1 of 9
developers or financed with other contributions in aid of construction, so"long as such
additions and/or modifications were reasonably and necessarily paid for by
AquaSource. With respect to "leased"wastewater facilities, Fort Worth agrees to
reimburse AquaSource*forlease payments that AquaSource has not previously
recovered from wastewater connections at the time of the takeover of the wastewater
system by Fort Worth, pursuant to the methodology and based on the assumptions set
forth in Attachment 2;
5. Once the Resort is connected to Fort Worth's sewer system, AquaSource will cease
providing sewer utility service to The Resort, and the City shall have no further
obligations to AquaSource with regard to the costs, operation, equipment removal or
site restoration of AquaSource's utility operations at The Resort; and
6. AquaSource will agree not to protest any sewer CCN or sale-transfer-merger
applications filed by the City to serve The Resort or to serve areas which will be
served by the main line connecting The Resort to Fort Worth's system.
We are prepared to take this agreement forward to the City Council and will be
sharing information on this arrangement with affected developers. Please contact me with
any objections to the attached agreement by September 11, 2000, prior to our first
opportunity to discuss it with Council on Tuesday, September 12th. Thanks for your
assistance with this agreement.
Dale A. Fisseler, P.E., Director
Fort Worth Water Department
cc: Ross Calhoun
Mr. Mark Zeppa
Mr. Mike Groomer
Ms. Susan Zachos
Exhibit`B"
Page 2 of 9
ATTACHMENT 1 -
The Resort wastewater discharge permit should include the following provisions:
a. The permittee shall submit a report describing the proposed crop system including a
discussion of the adaptability of the crop to the particular soil, climatological, and wastewater
sensitivity conditions that will exist at the waste disposal site.
b. The evapotranspiration values and evaporation rates used in the water balance study shall be
adjusted to use appropriate night time factors rather than the daylight irrigation assumption
implicit in the applicant's water balance study.
C. The permittee shall conduct representative soil sampling to establish preoperational soil
concentrations of pH, total nitrogen, potassium, phosphorus, and conductivity. See 30 TAC
§ 309.20(b)(4) which requires that these baseline values be furnished in the technical report
submitted with the application.
d. The second sentence of Special Provision No. 4 of the draft permit (page 17) should be
modified to read:
"Prior to operation of the treatment facilities, the permittee shall submit to
the TNRCC Wastewater Permits Section for review and approval as-built
drawings of tailwater control facilities designed to prevent the discharge of
any wastewater from the irrigated land. The Permittee shall at least once
during the term of this permit clean out debris, sludge and sediment
buildup in the tailwater control holding ponds to maintain full ponding
capacity. Disposal of materials cleaned out of the ponds shall be in
accordance with sludge disposal and reporting provisions of this permit."
e. The following additional provisions should be added to Special Provision No. 7:
"Within 3 years of the effective date of this permit, the applicant will (1)
complete a sediment study of the holding ponds to evaluate the facility's
compliance with the permit and applicable TNRCC rules, in particular
those pertaining to holding pond capacity and operation and(2) submit a
report of the study to the TNRCC Water Quality Management Information
Systems Team (MC 224) of the Enforcement Division TNRCC and the
TNRCC Regional Office (MC Region 4). If the sediment study identifies
any condition of noncompliance, then the permittee will take appropriate
action to remedy any deficiencies."
Exhibit `B"
Page 3 of 9
j�
September 7, 2000
ATTACHtNT 2
1. For purposes of Paragraph 4, with respect to wastewater facilities reasonably and necessarily paid for
by AquaSource ("nonleased"wastewater facilities), "Net Book Value"is the original cost to
AquaSource of purchasing or constructing the nonleased facilities (not to exceed the fair market value
in Tarrant County for facilities of the same type and specifications), less accumulated depreciation
(calculated following generally accepted utility ratemaking practices) and less contributions-in-aid-of-
construction, all at the time of purchase by Fort Worth.
2. With respect to "leased"wastewater facilities, the Parties agree that the first phase of wastewater
treatment plant facilities will be constructed to serve 250 connections and the monthly lease payment
will be$3,234.94, calculated based on an original fair market value of$250,000, a 9.5 percent annual
interest rate, and a payout period of 10 years. The monthly lease payment for any subsequent leased
wastewater facilities will be based on the original fair market value of the facilities (not to exceed the
fair market value in Tarrant County for facilities of the same type and specifications), the "prime"
borrowing rate at the time placed into service, and a 10-year payout period. The Parties further agree
that the example set forth in Attachment 2A fairly and accurately represents the Parties' understanding
of the methodology that will be used to calculate the amount of Fort Worth's reimbursement to
AquaSource for leased wastewater facilities (to be adjusted for the actual number of connections, and
for the monthly lease payment, capacity and interest rate for subsequent leased wastewater facilities
as set forth above).
3. By the 31"of January of each year,AquaSource will provide to Fort Worth in writing a schedule
similar to that contained in Attachment 2A for the period through December 31 of the preceding year
reflecting actual connections. In addition, AquaSource will provide to Fort Worth in writing the
influent and effluent flow volumes for each month of the preceding calendar year.
4. AquaSource will notify the Fort Worth Water Department in writing at least 90 days.before incurring
any additional lease obligations for any wastewater treatment plant facilities. Fort Worth shall have
the right to verify the necessity for and fair market value(not to exceed the fair market value in
Tarrant County for facilities of the same type and specifications) of AquaSource's proposed lease
obligations by obtaining competitive bids from third party suppliers or contractors. If Fort Worth
responds with a written notice to AquaSource stating that it disagrees with the proposed additional
lease obligation and stating the basis for its disagreement, then the Parties will work together in good
faith during the remainder of the 90-day period to attempt to resolve the disagreements over the
protested additional lease obligation. If the parties cannot agree, then the protest shall be settled
exclusively by arbitration,to be conducted in accordance with the Commercial Arbitration Rules then
in force of the American Arbitration Association.
5. AquaSource will be responsible for removing any leased facilities and equipment that may be on the
property at the time Fort Worth takes over the wastewater system. At a minimum, if requested by
Fort Worth, AquaSource will bear the costs of decommissioning, dismantling, and hauling off the
wastewater treatment plant and equipment owned or abandoned by AquaSource or by an
AquaSource-affiliated entity. The disposal of any associated waste present, at the time of purchase,
will be carried out in accordance with all applicable federal, state and local regulations and shall be
the responsibility of the City of Fort Worth,whose expense to perform such duties shall be capped at
$20,000. Any cost in excess of$20,000 shall be the responsibility of AquaSource.
Exhibit«B„
Page4of9 !r1
�.
ATTACHMENT 2A
Assumptions:
Original Fair Market Value of Package Plant: $250,000
Prime Borrowing Rate: 9.5%
Number of Connections Served by Package Plant: 250
Years to Build-out: 10
Monthly Lease Payment(10-year payout period at prime borrowing rate): $3,234.94
Lease Payment per Month per Connection ($3,234.94/250 connections): $12.94
Recovered Monthly Unrecovered Lease Payments
Lease Lease
Year Month Connections Payments Payments Monthly Cumulative
1 1 2.083333 2 $25.88 $3,234.94 ($3,209) ($3,209)
2 2.083333 4 $51.76 $3,234.94 ($3,183) ($6,392)
3 2.083333 6 $77.64 $3,234.94 ($3,157) ($9,550)
4 2.083333 8 $103.52 $3,234.94 ($3,131) ($12,681)
5 2.083333 10 $129.40 $3,234.94 ($3,106) ($15,787)
6 2.083333 13 $168.22 $3,234.94 ($3,067) ($18,853)
7 2.083333 15 $194.10 $3,234.94 ($3,041) ($21,894)
8 2.083333 17 $219.98 $3,234.94 ($3,015) ($24,909)
9 2.083333 19 $245.86 $3,234.94 ($2,989) ($27,898)
10 2.083333 21 $271.73 $3,234.94 ($2,963) ($30,861)
11 2.083333 23 $297.61- $3,234.94 ($2,937). ($33,799)
12 2.083333 25 $323.49 $3,234.94 ($2,911) ($36,710)
2 1 2.083333 27 $349.37 $3,234.94 ($2,886) ($39,596)
2 2.083333 29 $375.25 $3,234.94 ($2,860) ($42,455)
3 2.083333 31 $401.13 $3,234.94 ($2,834) ($45,289)
4 2.083333 33 $427.01 $3,234.94 ($2,808) ($48,097)
5 2.083333 35 $452.89 $3,234.94 ($2,782) ($50,879)
6 2.083333 38 $491.71 $3,234.94 ($2,743) ($53,622)
7 2.083333 40 $517.59 $3,234.94 ($2,717) ($56,340)
8 2.083333 42 $543.47 $3,234.94 ($2,691) ($59,031)
9 2.083333 44 $569.35 $3,234.94 ($2,666) ($61,697)
10 2.083333 46 $595.23 . $3,234.94 ($2,640) ($64,336)
11 2.083333 48 $621.11 $3,234.94 ($2,614) ($66,950)
12 2.083333 50 $646.99 $3,234.94 ($2,588) ($69,538)
3 1 2.083333 52 $672.87 $3,234.94 ($2,562) ($72,100)
2 2.083333 54 $698.75 $3,234.94 ($2,536) ($74,637)
3 2.083333 56 $724.63 $3,234.94 ($2,510) ($77,147)
4 2.083333 58 $750.51 $3,234.94 ($2,484) ($79,631)
5 2.083333 60 $776.39 $3,234.94 ($2,459) ($82,090)
6 2.083333 63 $815.20 $3,234.94 ($2,420) ($84,510)
Exhibit "B"
Page 5 of 9
7 2.083333. 65 $841.08 $3,234.94 (52,394) ($86,903)
8 2.083333 67 $866.96 $3,234.94 (52,368) ($89,271)
9 2.083333 69 $892.84 $3,234.94 ($2,342) ($91,613)
1-0 2.083333 71 $918.72 $3,234.94 (52,316) ($93,930)
11 2.083333 73 $944.60 $3,234.94 ($2,290) ($96,220)
12 2.083333 75 $970.48 $3,234.94 (52,264) ($98,484)
4 1 2.083333 77 $996.36 $3,234.94 (52,239) ($100,723)
2 2.083333 79 $1,022.24 $3,234.94 ($2,213) ($102,936)
3 2.083333 81 . $1,048.12 $3,234.94 (52,187) ($105,123)
4 2.083333 83 $1,074.00 $3,234.94 (52,161) ($107,284)
5 2.083333 85 $1,099.88 53,234.94 (52,135) ($109,419)
6 2.083333 88 $1,138.70 $3,234.94 (52,096) ($111,515)
7 2.083333 90 $1,164.58 $3,234.94 ($2,070) ($113,585)
8 2.083333 92 $1,190.46 $3,234.94 ($2,044) ($115,630)
9 2.083333 94 $1,216.34 $3,234.94 ($2,019) ($117,648)
10 2.083333 96 $1,242.22 $3,234.94 (51,993) ($119,641)
11 2.083333 98 $1,268.10 $3,234.94 ($1,967) ($121,608)
12 2.083333 100 $1,293.98 $3,234.94 (51,941) ($123,549)
5 1 2.083333 102 $1,319.86 $3,234.94 (51,915) ($125,464)
2 2.083333 104 $1,345.73 $3,234.94 ($1,889) ($127,353)
3 2.083333 106 $1,371.61 53,234.94 ($1,863) ($129,216)
4 2.083333 108 $1,397.49 $3,234.94 ($1,837) ($131,054)
5 2.083333 110 $1,423.37 $3,234.94 (S1,812) ($132,865)
6 2.083333 113 $1,462.19 $3,234.94 ($1,773) ($134,638)
7 2.083333 115 $1,488.07 53,234.94 ($1,747) ($136,385)
8 2.083333 117 $1,513.95 $3,234.94 (51,721) ($138,106)
9 2.083333 119 $1,539.83 $3,234.94 (51,695) ($139,801)
10 2.083333 121 $1,565.71 $3,234.94 (51,669) ($141,470)
11 2.083333 123 $1,591.59 $3,234.94 (51,643) ($143,114)
12 2.083333 125 $1,617.47 $3,234.94 ($1,617) ($144,731)
6 1 2.083333 127 $1,643.35 $3,234.94 (51,592) ($146,323)
2 2.083333 129 $1,669.23 $3,234.94 ($1,566) ($147,888)
3 2.083333 131 $1,695.11 $3,234.94 (51,540) ($149,428)
4 2.083333 133 $1;720.99 $3,234.94 (51,514) ($150,942)
5 2.083333 135 $1,746.87 $3,234.94 ($1,488) ($152,430)
6 2.083333 138 $1,785.69 $3,234.94 ($1,449) ($153,880)
7 2.083333 140 $1,811.57 53,234.94 ($1,423) ($155,303)
8 2.083333 142 $1,837.45 53,234.94 ($1,397) ($156,700)
9 2.083333 144 $1,863.32 $3,234.94 ($1,372) ($158,072)
10 2.083333 146 $1,889.20 $3,234.94 ($1,346) ($159,418)
11 2.083333 148 $1,915.08 $3,234.94 ($1,320) ($160,738)
12 2.083333 150 $1,940.96 $3,234.94 ($1,294) ($162,032)
7 1 2.083333 152 $1,966.84 $3,234.94 ($1,268) ($163,300)
2 2.083333 154 $1,992.72 $3,234.94 ($1,242) ($164,542)
3 2.083333 156 $2,018.60 $3,234.94 (51,216) ($165,758)
4 2.083333 158 $2,044.48 53,234.94 ($1,190) ($166,949)
5 2.083333 160 $2,070.36 $3,234.94 ($1,165) ($168,113)
6 2.083333 163 $2,109.18 $3,234.94 ($1,126) ($169,239)
Exhibit"B"
Page 6 of 9
r-
7 2.083333 165 $2,135.06 $3,234.94 ($1,100) ($170,339)
8 2.083333 167 $2,160.94 $3,234.94 ($1,074) ($171,413)
9 2.083333 169 $2,186.82 - $3,234.94 ($1,048) ($172,461)
10 2.083333 171 $2,212.70 $3,234.94 ($1,022) ($173,483)
11 2.083333 173 $2,238.58 $3,234.94 ($996) ($174,480)
12 2.083333 175 $2,264.46 $3,234.94 ($970) ($175,450)
8 1 2.083333 177 $2,290.34 $3,234.94 ($945) ($176,395)
2 2.083333 179 $2,316.22 $3,234.94 ($919) ($177,313)
3 2.083333 181 $2,342.10 $3,234.94 ($893) ($178,206)
4 2.083333 183 $2,367.98 $3,234.94 ($867) ($179,073)
5 2.083333 185 $2,393.85 $3,234.94 ($841) ($179,914)
6 2.083333 188 $2,432.67 $3,234.94 ($802) ($180,717)
7 2.083333 190 $2,458.55 $3,234.94 ($776) ($181,493)
8 2.083333 192 $2,484.43 $3,234.94 ($751) ($182,244)
9 2.083333 194 $2,510.31 $3,234.94 ($725) ($182,968)
10 2.083333 196 $2,536.19 $3,234.94 ($699) ($183,667)
11 2.083333 198 •$2,562.07 $3,234.94 ($673) ($184,340)
12 2.083333 200 $2,587.95 $3,234.94 ($647) ($184,987)
9 1 2.083333 202 $2,613.83 $3,234.94 ($621) ($185,608)
2 2.083333 204 $2,639.71 $3,234.94 ($595) ($186,203)
3 2.083333 206 $2,665.59 $3,234.94 ($569) ($186,772)
4 2.083333 208 $2,691.47 $3,234.94 ($543) ($187,316)
5 2.083333 210 $2,717.35 $3,234.94 ($518) ($187,833)
6 2.083333 213 $2,756.17 $3,234.94 ($479) ($188,312)-
7 2.083333 215 $2,782.05 $3,234.94 ($453) ($188,765)
8 2.083333 217 $2,807.93 $3,234.94 ($427) ($189,192)
9 2.083333 219 $2,833.81 $3,234.94 ($401) ($189,593)
10 2.083333 221 $2,859.69 $3,234.94 ($375) ($189,969)
11 2.083333 223 $2,885.57 $3,234.94 ($349) ($190,318)
12 2.083333 225 $2,911.45 $3,234.94 ($323) ($190,641)
10 1 2.083333 227 $2,937.32. $3,234.94 ($298) ($190,939)
2 2.083333 229 $2,963.20 $3,234.94 ($272) ($191,211)
3 2.083333 231 $2,989.08 $3,234.94 ($246) ($191,457)
4 2.083333 233 $3,014.96 $3,234.94 ($220) ($191,677)
5 2.083333 235 $3,040.84 $3,234.94 ($194) ($191,871)
6 2.083333 238 $3,079.66 $3,234.94 ($155) ($192,026)
7 2.083333 240 $3,105.54 $3,234.94 ($129) ($192,155)
8 2.083333 242 $3,131.42 $3,234.94 ($104) ($192,259)
9 2.083333 244 $3,157.30 $3,234.94 ($78) ($192,337)
10 2.083333 246 $3,183.18 $3,234.94 ($52) ($192,388)
11 2.083333 248 $3,209.06 $3,234.94 ($26) ($192,414)
12 2.083333 250 $3,234.94 $3,234.94 $0 ($192,414)
11 1 250 $3,234.94 $0.00 $3,235 ($189,179)
2 250 $3,234.94 $0.00 $3,235 ($185,944)
3 250 $3,234.94 $0.00 $3,235 ($182,709)
4 250 $3,234.94 $0.00 $3,235 ($179,474) --
5 250 $3,234.94 $0.00 $3,235 ($176,239)
6 250 $3,234.94 $0.00 $3,235 ($173,005)
Exhibit`B"
Page 7 of 9 j ➢ ��
7 250 $3,234.94 60.00 $3,235 ($169,770)
8 250 $3,234.94 $0.00 $3,235 ($166,535)
9 250 $3,234.94 $0.00 $3,235 ($163,300)
10 250 $3,234.94 $0.00- $3,235 ($160,065)
11 250 $3,234.94 $0.00 $3,235 ($156,830)
12 250 $3,234.94 $0.00 $3,235 ($153,595)
12 1 250 $3,234.94 $0.00 $3,235 ($150,360)
2 250 $3,234.94 $0.00 $3,235 ($147,125)
3 250 $3,234.94 $0.00 $3,235 ($143,890)
4 250 $3,234.94 $0.00 $3,235 ($140,655)
5 250 $3,234.94 $0.00 $3,235 ($137,420)
6 250 $3,234.94 $0.00 $3,235 ($134,185)
7 250 $3,234.94 $0.00 $3,235 ($130,950)
8 250 $3,234.94 $0.00 $3,235 ($127,715)
9 250 $3,234.94 $0.00 $3,235 ($124,480)
10 250 $3,234.94 $0.00 $3,235 ($121,246)
11 250 $3,234.94 $0.00 $3,235 ($118,011)
12 250 $3,234.94 $0.00 $3,235 ($114,776)
13 1 250 $3,234.94 $0.00 $3,235 ($111,541)
2 250 $3,234.94 $0.00 $3,235 ($108,306)
3 250 $3,234.94 $0.00 $3,235 ($105,071)
4 250 $3,234.94 $0.00 $3,235 ($101,836)
5 250 $3,234.94 $0.00 $3,235 ($98,601)
6 250 $3,234.94 $0.00 $3,235 ($95,366)
7 250 $3,234.94 $0.00 $3,235 ($92,131)
8 250 $3,234.94 $0.00 $3,235 ($88,896)
9 250 $3,234.94 $0.00 $3,235 ($85,661)
10 250 $3,234.94 $0.00 $3,235 ($82,426)
11 250 $3,234.94 $0.00 $3,235 ($79,191)
12 250 $3,234.94 $0.00 $3,235 ($75,956)
14 1 250 $3,234.94 $0.00 $3,235 ($72,721)
2 250 $3,234.94 $0.00 $3,235 ($69,486)
3 250 $3,234.94 $0.00 $3,235 ($66,252)
4 250 $3,234.94 $0.00 $3,235 ($63,017)
5 250 $3,234.94 $0.00 $3,235 ($59,782)
6 250 $3,234.94 $0.00 $3,235 ($56,547)
7 250 $3,234.94 $0.00 $3,235 -($53,312)
8 250 $3,234.94 $0.00 $3,235 ($50,077)
9 250 $3,234.94 $0.00 $3,235 ($46,842)
10 250 $3,234.94 $0.00 $3,235 ($43,607)
11 250 $3,234.94 $0.00 $3,235 ($40,372)
12 250 $3,234.94 $0.00 $3,235 ($37,137)
15 1 250 $3,234.94 $0.00 $3,235 ($33,902)
2 250 $3,234.94 $0.00 $3,235 ($30,667)
3 250 $3,234.94 $0.00 $3,235 ($27,432)
4 250 $3,234.94 $0.00 $3,235 ($24,197)
5 250 $3,234.94 $0.00 $3,235 ($20,962)
6 250 $3,234.94 $0.00 $3,235 ($17,727)
Exhibit`B"
Page 8 of 9
7 250 $3,234.94 $0.00 $3,235 ($14,493)
8 250 $3,234.94 $0.00 $3,235 ($11,258)
9 250 $3,234.94 $0.00 $3,235 ($8,023)
10 250 $3,234.94 $0.00 $3,235 ($4,788)
11 250 $3,234.94 $0.00 $3,235 ($1,553)
12 250 $3,234.94 $0.00 $3,235 $1,682
Exhibit"B"
Page 9 of 9
City of Fort Worth, Texas
M
'�ayoV and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/10/00 C-18287 60AQUA 1 of 3
SUBJECT APPROVAL OF COMPROMISE SETTLEMENT AGREEMENT WITH AQUASOURCE
DEVELOPMENT CORPORATION ON THE RESORT ON EAGLE MOUNTAIN LAKE
AND CHISOLM SPRINGS DEVELOPMENTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the Compromise
Settlement Agreement with AquaSource Development Corporation and the developers and owners of
The Resort on Eagle Mountain Lake and Chisolm Springs developments.
DISCUSSION:
AquaSource Development Corporation (AquaSource) filed permit applications with the Texas Natural
Resources Conservation Commission to provide wastewater service on two developments, The Resort
on Eagle Mountain Lake and Chisolm Springs. These developments are located on the northeast side
of Eagle Mountain Lake. The City filed protests to these applications because, among other things,
effluent from the proposed wastewater facilities would be discharged into or adjacent to Eagle Mountain
Lake, a primary source of the City's drinking water. The City has also protested the AquaSource water
Certificate of Convenience and Necessity (CCN) application for Chisolm Springs because the
development did not meet requirements for water utility construction in the Fort Worth extraterritorial
jurisdiction. Further, the developments are both adjacent to the City's pending water CCN application,
an area for which the City has applied to be the water provider and which service area would place the
City in a position to serve both developments in the future.
A settlement has been negotiated with AquaSource and the owners and developers for the two
subdivisions. The settlement provides for resolution of issues concerning the wastewater discharges
and the protection of Eagle Mountain Lake. The settlement also allows the City to ultimately be the
utility provider in these developments, while still allowing the developments to proceed with alternative
service from AquaSource in the interim. The basic terms of the settlement of each development are
detailed below:
The Resort on Eagle Mountain Lake
• Fort Worth will withdraw its opposition to the proposed sewer CCN and wastewater discharge
permit applications; and
• The discharge permit will be upgraded to meet higher standards; and
• Fort Worth will waive its normally-required wastewater engineering study and will not oppose
any future applications that are necessary for the development of The Resort on Eagle
Mountain Lake; and
City of Fort Worth, Texas
imayor And Council commul"'Cation
DATE REFERENCE NUMBER LOG NAME PAGE
10/10/00 C-18287 60AQUA 2 of 3
SUBJECT APPROVAL OF COMPROMISE SETTLEMENT AGREEMENT WITH AQUASOURCE
DEVELOPMENT CORPORATION ON THE RESORT ON EAGLE MOUNTAIN LAKE
AND CHISOLM SPRINGS DEVELOPMENTS
• Once Fort Worth's facilities are available to serve the development, Fort Worth may choose to
have AquaSource transfer the sewer CCN and the City may purchase the water and
wastewater systems from AquaSource as described in the Compromise Settlement Agreement.
Fort Worth would, if it elected to do so, purchase all non-leased wastewater facilities for net-
book value and reimburse AquaSource for non-recovered lease payments for leased
equipment; and
• AquaSource will agree not to protest any sewer CCN applications filed by Fort Worth to serve
areas which will be served by the water and sewer mains built to connect The Resort on Eagle
Mountain Lake to Fort Worth's system; and
Chisolm Springs
• Fort Worth will withdraw its opposition to the proposed water and sewer CCNs and the
wastewater discharge permit applications; and
• The discharge permit will be upgraded to meet higher standards; and
• Fort Worth will not oppose any future applications that are necessary for the development of
Chisolm Springs; and
• Fort Worth will waive its normally-required wastewater engineering study and its typical water
design requirements and will approve the system as currently proposed by AquaSource; and
• Once Fort Worth's facilities are available to serve the development, Fort Worth may choose to
transfer the water and sewer CCNs and to purchase the water and sewer systems from
AquaSource as prescribed in the Compromise Settlement Agreement. Fort Worth would, if it
elected to do so, purchase all non-leased water and wastewater facilities for net-book value and
reimburse AquaSource for non-recovered lease payments for leased wastewater treatment
equipment; and
• AquaSource will agree not to protest any water or sewer CCN applications filed by Fort Worth to
serve Chisolm Springs or to serve areas which will be served by the water and sewer mains
constructed to connect Chisolm Springs to Fort Worth's system.
Once Fort Worth water and waste water facilities are extended to the developments, and the City
desires to acquire the AquaSource facilities, another Mayor and Council Communiction will be brought
before the City Council for its consideration.
City of Fort Worth, Texas
4velljor And Council commum,eation
DATE REFERENCE NUMBER I LOG NAME PAGE
10/10/00 C-18287 60AQUA 3 of 3
SUBJECT APPROVAL OF COMPROMISE SETTLEMENT AGREEMENT WITH AQUASOURCE
DEVELOPMENT CORPORATION ON THE RESORT ON EAGLE MOUNTAIN LAKE
AND CHISOLM SPRINGS DEVELOPMENTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that approval of the Compromise Settlement Agreement will have no
material effect on City funds.
MG:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 10/10/00
Additional Information Contact:
Dale Fisseler 8207