HomeMy WebLinkAboutOrdinance 6900 ORDINANCL NO.
AN ORDINANCE APPROVING THE FORM AND SUBSTANCE OF
A CONTRACT BETWEEN 17HE DALLAS-FORT WOR' 11 REGIONAL
AIRPORT BOARD AND TIIE TRINITY RIVER AU'T'HORITY OF
TEXAS ; PRESCRIBING THE FORM OF SAID CONTRACT;
ORDAINING OTHER PROVISIONS RELATING TO THE SUB-
JECT; DECLARING AN EMERGENCY; AND PROVIDING THAT
THIS ORDINANCE SI)ALL BE IN EFFECT FROM AND AFTER
THE DATE OF PASSAGE .
WHEREAS, the Board of Directors of the Dallas-Fort
Worth Regional Airport deems it advisable and in the best
interest of the Dallas-Fort Worth Regional Airport to enter
into a contract with Trinity River Authority of Texas for
waste disposal services ; and
WHEREAS, the Water Code of the State of Texas , as
amended, requires that the contemplated contract be approved
ordinance by the City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH, TEXAS :
SECTION 1.
That a contract in substantially the form and
substance as attached hereto and made a part hereof is in all
things approved.
SECTION 2.
That execution of said contract on behalf of the
Dallas-Fort Worth Regional Airport Board by its Chairman and
Secretary is hereby authorized and approved.
SECTION 3 .
That it is hereby officially found and determined
that a case of emergency or urgent public necessity exists
which requires the holding of the meeting at which this Ordi-
nance is passed, such emergency or urgent public necessity being
that the execution of the contract provided for herein will be
of great benefit to the City of Fort: Worth, for the immediate
preservation of public health, peace and safety ; and that said
meeting was open to the public , and public notice of the time ,
place and purpose of said meeting was given, all as required
by Vernon' s Ann. Civ. St. Article 6252.17 .
SECTION 4.
That this ordinance shall take effect and be in
full force and effect from and after the date of its passage ,
and it is so enacted.
APPROVED AS TO .FORM AND LEGALITY:„„
09 000 Iwo
V ee,1001144,detoq City Attorney of the City of
Fort Worth, Texas
STATE OF TI�,US
KNOW ALL 1IEN BY T11ESE PRESENTS :
COUNTIES OF DALLAS AND TAR ANT
WHEREAS ., there is a need to establish 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 Board presently operates and maintains at
the Airport waterworks and sanitary sewer systems ; and
WHEREAS, Board 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, Board and Authority are authorized to make this
contract under Articles 8280-188 and 1109i, Vernon' s Annotated Civit,
Statutes , and/or the Regional Waste Disposal 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
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Outstanding Bonds ; and that the revenues
under such contracts will be pledged to
such purposes; and
(b) It is anticipated that contracts similar to
this instrument will be executed betu-een the
Authority and the other Contracting Parties
and may, in the future-, be executed 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; and
(d) That the Authority is preparing to issue
and sell its Bonds to refund part of the
Outstanding Bonds and to provide funds to
enable it to construct extensions , improve-
ments and enlargements to the System;
(e) That Authority will issue Bonds from time
to time in the future to further extend,
enlarge and improve the System; and
(f) That Board 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 DALLAS-FORT WORTH REGIONAL AIRPORT BOARD
AND TRINITY RIVER AUTHORITY OF TEXAS do hereby contract and agree as
follows :
ARTICLE I
DEFINITIONS
Section 10010 , DEFINITION OF TERMS . Terms and expressions
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,
(c) "Annual Payment" means the amount of money to be
paid to Authority by Board as its proportionate
share of the Annual Requirement.
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(d) "Annual Requirement" means the total amount of money
required for Authority to pay all Operation and
Maintenance Expense of the System and to pay the
debt service on its Bonds and Outstanding Bonds ,
and to pay any amounts required to be deposited in
any special or reserve funds required to be estab-
lished and/or maintained 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 , transporting , 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 facil-
ities 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 Author-
ity' s facilities located within the boundaries
of the Dallas-Fort Worth Regional Airport and
defined as the "System" in the contract between
Authority and the Dallas-Fort Worth Regional
Airport Board dated July 16 , 1971, as amended,
Local Wastewater Facilities , any facilities con-
structed 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 designated 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 biochemical
oxidation of organic matter under standard labora-
tory procedure in five (5) days at 200 C . ,
expressed in milligrams per liter (mg 11) .
(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 .
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M "Bonds" means any bonds to be issued by the Auth-
ority pursuant to this contract to refund Outstand-
ing Bonds and for the acquisition, construction,
expansion, improvement or completion of the System,
whether one or more issues , or any bonds issued to
refund same .
(J ) "Board" means the Board of Directors of the Dallas-
Fort Worth Regional Airport.
(k) "Contracting Party" or "Contracting Parties" means
one or more of the following : Arlington, Bedford,
Carrollton, Dallas , Dallas-Fort Worth Regional
Airport Board, Euless , Farmers Branch, Grand
Prairie and Irving, and any city or other party
as defined in Article 7621g, Vernon ' s Annotated
Civil Statutes , which, prior to the issuance ,
sale and delivery of the initial issue of Bonds,
makes a contract with the Authority for receiving,
transporting, treating and disposing of Wastewater
through the Authority ' s System.
(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 , en-
titled 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 con-
tracts for improvements, additions and enlargements
to the System or as modified and changed by change
orders issued after execution of such construction
contracts .
H "Fiscal Year" means the twelve (12) month period
beginning December 1 of each year and applies
only to Authority (i.e . , Fiscal Year 1973 is the
twelve ( 12) month period ending November 30, 1973 ,)
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or such other twelve (12) month period as may be
established in the future to constitute Authority ' s
Fiscal Year,
(o) "Garbage" means solid wastes from the preparation,
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 .
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"Infiltration Water" means water that has migrated
from the ground into the System.
(s) "Local Wastewater Facilities" means the facilities
of Contracting Parties and Additional Contracting
Parties for transportation of Wastewater to Points
of Entry and any facilities used exclusively 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 Authority ' 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, accounting, auditing, legal services,
and any other supplies , services , administrative
costs and equipment necessary for proper operation
and maintenance of the Authority ' s System, and
payments made by Authority in satisfaction of
judgments resulting from claims not covered by
Authority ' s insurance or not paid by -one particu-
lar 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 Bonds are
payable. Depreciation shall not be considered 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 of the System as
it exists as of the date of execution 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 Wastewater
enters Authority ' s System.
(y) "Properly Shredded Garbage" means Garbage that has
been shredded to such degree that all particles
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will be carried freely under the flow conditions
normally prevailing in public sewers, with no
particle greater than one-half (1/2) inch in any
dimension.
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(z) "SS" (denoting Suspended Solids) means solids
removable by laboratory filt:erinc, expressed in
milligrams per liter (mg/1) 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 .
(aa) "Trustee" means the Republic National Bank of
Dallas , Dallas , Texas .
(bb) "Trust Indenture" means the Trust Indenture be-
tween Trinity River- Authority of Texas and
Republic National Bank of Dallas, dated as of
June 1, 1957 .
(cc) "Wastewater" (sewage) means Domestic Wastewater
and Industrial Waste, together with such Infil-
tration Water that may be present .
(dd) "Airport" means the Dallas-Fort Worth Regional
Airport.
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 Board and others Authority will design and construct extensions,
improvements and enlargements to its System and will own, operate,
maintain and from time to time expand the System.
ARTICLE III
DISCHARGE OF WASTEWATER AND METERING
Section 3 .01. Board shall have the right to discharge
Wastewater into the System under this contract on the effective
date of this contract.
Section 3 . 02. DISCHARGE. In consideration of the payments
to be made under this contract , Board shall have the right to dis-
charge Wastewater into the System meeting the requirements for
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quantity set forth in this Article of the contract , and the require-
ments for quality as set forth in Article IV.
Section 3 . 03 . POINT OF ENTRY. Board shall discharge its
Wastewater at a Point or Points of Entry designated for Board 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. Board covenants that it will discharge all
Wastewater generated in such minimum area of service into each
designated Point of Entry for Board during the term of this contract,,
to the extent Authority has provided capacity to that service area,
unless Board and Authority mutually agree that like service can be
provided elsewhere in the System, Whenever additional Points of
Entry are established and provided for Board, a minimum service area
for such Points of Entry will be established in the Engineering
Report for such Points of Entry and Board 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 Board, and whenever
expanded, such expanded service area shall be included in the
Engineering Report and Board shall. discharge all Wastewater generated
in such expanded service area into Authority ' s System, at the appro-
priate Point of Entry, during the term of this contract,
Section 3 . 04. CONVEYANCE TO POINT OF EN,Iuy It shall be
the sole responsibility of Boardincluding 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 Point or Points of Entry
shall be metered and the total annual contributing flow of Waste-
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water received during any Fiscal Year shall be used to determine
Board' s Annual Payment and the Basic Charge for service as set forth
in Article V.
(b) At each Point of Entry,Boa-rd may deliver Wastewater
at a Maximum Discharge Rate, defined as a rate in MGD, which,
if continued over a period of twenty-four (24) hours would not
exceed 3 .50 times Board' s estimated annual contributinc,CD flow ex-
pressed as a daily average in MGD.
(c) Board' s Maximum Discharge Rate for Fiscal Year 1973
at each Point of Entry is designated in the Engineering Report.
(d) For the Fiscal Year 1974, and each succeeding Fiscal
Year thereafter.Board ' s Maximum Discharge Rate shall be redeter-
mined in the manner described in (b) above .
(e) If during any Fiscal Year Board' s annual contributing
flow is redetermined ,Board ' s Maximum Discharge Rates shall also be
redetermined to the mutual satisfaction of Board and Authority.
(f) The Authority will periodically redetermine , if
necessary , the Maximum Discharge Rates to assure that said Rates
are adequate to allow Board to discharge a reasonable Wastewater
flow into the System.
Section 3 . 06 . LIABILITY FOR DAMAGES AN-D RESPONSIBILITY
FOR TREAT14ENT AND DISPOSAL OF WAS=4A'FER. Liability for damages
arising from the reception, transportation, delivery and disposal of
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all Wastewater discharged hereunder shall remain in Board to Points
of Entry, and upon passing through Authority' s meters installed at
Points of Entry liability for such damages shall pass to Authority,
As between the parties , each party hereto agrees to save and hold
the other party harmless from all claims , demands , and causes of
action which may be asserted by anyone on account of the reception,
transportation, delivery, and disposal while Wastewater is in the
control of such party. This covenant is not made for the benefit of
any third 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 . IIIETERING. 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 measuring
properly all Wastewater to be discharged under this agreement .
Such meters and other equipment shall remain the property of the
Authority . Board shall have access to such metering equipment at
all reasonable times for inspection and examination, but the read-
ing, calibration, and adjustment thereof shall be done only by
employees or agents of Authority in the presence of a representative
of the Board if requested by the Board. All readings of meters will
be entered upon proper books of record maintained by the Authority.
Upon written request Board may have access to said record books
during reasonable business hours .
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Not more than three times in each year of operation,
Authority hall calibrate its meters if requested in writing by
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Board to do so ,, in the presence of a representative of Board, 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,
registration thereof shall be corrected for a period of time
extending back to the time when such inaccuracy began, if such
time is ascertainable, and if such time is not ascertainable, then
for a period extending back one-half (1/2) of the time elapsed
since the date of the last calibration, but in no event further
back than a period of six (6) months .
Board 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 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 Board.except during any period when
a check meter may be used under specific written consent by Author-
ity 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.
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Section 3 . 08 . UNIT OF MEASUREMENT. The unit of
measurement for Wastewater delivered hereunder shall be 1, 000
gallons , U. S . Standard Liquid Measure .
ARTICLE IV
QUALITY AND TESTING
Section 4. 01 . GENERAL. Board agrees to limit discharge
into Authority ' s System to wastes defined herein as admissible dis-
charges , and 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 or of any governmental body having
legal authority to set standards for such
effluents ; and
(b) the System is not damaged to the extent to cause
unnecessary repairs or replacements resulting in
increased Operation and Maintenance- Expense .
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, cer-
tain solids , liquids and gases are hereby prohibited from entering
Authority ' 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
requirements 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 Board; however, enforcement and
effect of the revision shall not be-in for ninety (90) days following
written notice to Board of such change.
(b) The following information shall govern prohibitive
discharges :
M Board shall not discharge any of the following into
the System at a Point of Entry : 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, Board shall
prevent it from entering the System until the
character of same is satisfactory to Authority,
(c) Board 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;
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(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 ,
feathers , 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 640 ,
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 hiuuans or animals , or to
create any hazard in the receiving waters of the
Wastewater Treatment Plant ;
(x) Any wastes or waters exceeding the concentrations
listed below:
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1. Antimony greater than 0.01 mg/l
2 . Arsenic greater than 0005 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 (11exavalent) greater than 0 .05 ing/l
9 . Chromium (trivalent) greater than 5d0 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
M 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/1
25 . Uranyl-Ion greater than 500 mg/1
26e Zinc greater than 5 .0 mg/l
(d) Board 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/1 (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 ; or,
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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 ,
(iii) Cyanides or cyanogen compounds capable of liberating
hydrocyanic gas on acidification in excess of 0. 2
mg/1 by weight (as CN) .
(iv) Materials which exert or cause :
1. 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 BO 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 of Water and Waste-
water, 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 Waste-
water shall not exceed the limits of concentration specified for
Normal Wastewater as follows :
Normal Wastewater Concentration
BOD 250 mg/l
SS 250 mg/l
pH, not less than 6 nor greater than 10
Hydrogen Sulfide 0. 1 mg/l
1-5
Should the analysis disclose concentrations higher than
those listed, Authority will at once inform Board of such disquali-
fication. It shall be the obligation of Board 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 Board in reaching a satisfactory solution
but will not undertake to specify the measures that will be employed
to bring those over-strength discharge concentrations within acceptable
limits . In some cases of over-strength Industrial Waste , the industry
discharging the over-strength waste, and Board, 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 Board
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:
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SC = (Q) (8. 34) (a(BOD-250) + b (SS-250) )
where :
SC = surcharge based on excessive con-
centrations of BO and/or SS (dollars
per month)
Q = flow (million gallons per month)
a = annually adjusted unit cost of treatment,
chargeable to BO (dollars per pound of
BO 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 BO 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 BO
and/or SS in samples collected at the Wastewater treatment plant
or at a Point of Entry will prompt an intensive 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 BO and SS values
measured during these four (4) days will be considered as representa-
tive 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 overstrength 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 overstrength Wastewater.
At any time that Authority determines that any service here-
under should be suspended because Board' s Wastewater does not meet
17
standards herein established or that a surcharge will be applied )
Authority shall furnish to Board the data and expert opinion on which
such determination was based prior to cessation of service or appli-
cation of a surcharge.
Section 4006 . 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 Board. Accordingly , Authority , upon re-
quest by Board,will work jointly in processing applications for
discharge of Industrial Waste into any sewers ultimately discharging
into Authority ' s System. The Board 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,
An industry in Board in an area being served by Authority' s
System seeking to connect to the Board' s Domestic Wastewater system
shall make an application to the Board 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 .
Board will allow Authority access to Board records to gather
information and data that will be useful to Authority as statistical
data for planning the operation, improvement and expansion of
Authority ' s treatment facilities.
18
ARTICLE V
FISCAL PROVISIONS
Section 5 . 01 . FINANCING. Authority will pay for the
cost of construction of the improvements contemplated herein,
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 similar
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 Board hereunder so
that the Annual Requirement shall at all times be not less than an
amount sufficient to pay or provide for the payment of:
(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 amount 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 .
19
Section 5 . 03 . PAYMENTS BY BOARD. (a) For services to
be rendered to Board by Authority hereunder, Board agrees to pay ,
at the time and in the manner hereinafter provided, its propor-
tionate share of the Annual Requirement ., which shall be determined
as follows and shall constitute Board' s Annual Payment :
For the Fiscal Year 1973, the Board' s proportion-
ate share of the Annual Requirement shall be a
percentage obtained by dividing Board' 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 1973:
Estimated
1973 Annual Con- Percentage
tributing Flow of
— CONTRACTING PARTY (1, 000 gallons) Total
Arlington 1p769 ,975 12. 38
Carrollton 1,050, 833 7. 35
(includes Coppell)
Dallas 1,544,081 10. 80
D/FW Airport 364,575 2. 55
Euless 1:1193 > 804 8.35
Bedford 514,694 3. 60
Farmers Branch 15318, 188 9 . 22
(includes Addison)
Grand Prairie 21277 , 520 15 . 93
Irving 4 , 263 ,380 29. 82
145297 ,050 100. 00
Board' s Annual Payment for the Fiscal Year 1973 shall be
calculated by multiplying Board' s percentage from the above tabula-
tion times the Annual Requirement . Board' s Annual Payment shall be
made to Authority in twelve (12) equal monthly installments . In the
event Authority is unable to offer service unJer this contract to
Board for the complete Fiscal Year of 1973 , Board ' s Annual Payment
shall be reduced to the prorata portion of the Fiscal Year for which
service is provided . Such payments shall be made in accordance with
and at the times set forth in a Schedule of Payments for 1973 which
20
which will be supplied to Board. At the close of the 1973 Fiscal,
Year, Authority shall redetermine Board' s percentage by dividing
Board' s actual metered contributing flow to the System by the total
actual metered contributing flow to the System, by all Contracting
Parties . Board' s Adjusted Annual Payment shall be calculated by
multiplying Board' s redetermined percentage times the Annual Require-
ment . The difference between the Adjusted Annual Payment and the
Annual Payment , if any, when determined., shall be applied as a
credit or a debit to Board' s account with Authority and shall be
credited or debited to Board' s next subsequent monthly payment or
payments .
(ii) For the Fiscal Year 1974 , and each succeeding
Fiscal Year thereafter, Board' s proportionate
share of the Annual Requirement shall be a per -
centage obtained by dividing Board' 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 1974 and each succeeding Fiscal Year there-
after shall be determined in the manner described
in (i) above.
(b) If , during any Fiscal Year, Authority begins pro-
viding services to an Additional Contracting Party or Parties,
Board' s Annual Payment for such Fiscal Year shall be redetermined
in the following manner :
(i) Such Additional Contracting Party or Parties
estimated contributing flow to the System for
such year, or portion thereof, shall be
determined by Authority;
Board' s proportionate share of the Annual. Require-
ment shall. be a percentage, redetermined by
0
dividing Board' s estimated annual contributing flow
21
Go 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) Board' s Annual Payment shall be redetermined by
multiplying Board' s redetermined percentage times
the redetermined Annual Requirement,
(c) Board' 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
0
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) Board' 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 Board' s Budget, and
consequently Board' s Annual Payment to Authority.
(d) The Annual Payment set forth in this section shall
be considered the Basic Charge for service hereunder, and Board
shall pay a surcharge for excess BO and/or SS determined in the
manner set forth in Section 4.05 .
(e) Recognizing that the Authority will use payments
received from Board to pay, secure and finance the issuance of the
Bonds , it is hereby agreed that upon the effective date of this con-
tract .Board shall be unconditionally obligated to pay its propor-
tionate share of the debt service on the Bonds ,- regardless of whether
22
or. not the Authority is actually receiving Wastewater hereunder,
or whether or not Board actually discharges Wastewater hereunder ,
whether due to Force Majeure or otherwise . In such event , the
amount due shall be a percentage of the debt service on the Bonds
for the period of such failure of service hereunder. Such per-
centage shall be determined by dividing the amount of Wastewater
actually discharged into the System by Board in the month preceding
cessation of service hereunder by the total amount of Wastewater
discharged into the System by all Contracting Parties and Addi-
tional Contractine, Parties for the same period. In the event
service hereunder is never begun, the percentage of Debt Service
for Bonds outstanding at the time of such failure of service here-
under for Board shall be 4. 74%.
(f) On or before August 1 of each year Authority will
furnish Board with an estimated schedule of monthly payments to be
made by Board for the ensuing Fiscal Year. on or before November 1
of each year, Authority shall furnish Board with a finalized schedule
of the monthly payments to be made by such Board to the Authority
for the ensuing Fiscal Year. Board 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 Board at any time disputes the
amount to be paid by it to Authority , Board 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 payments made by Board should have been
less , Authority shall promptly revise and reallocate the charges
among all parties then being served by Authority in such manner
23
th,'IL Board will recover Us OVOfpa}tTrient: . In the event Board is
assessed a surcharge for excess BOD and/or SS , Authority will bill
Board for such surcharge on or before the fifth (5th) day of the
month following the determination of the Surcharge and Board 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 Board' s Annual Payment is redetermined as is
herein provided, Authority will promptly furnish Board with an
updated schedule of monthly payments reflecting such redetermination.
(h) All interest income earned by the investment of any
Funds created in the Bond Resolution shall be taken into account in
determining the Annual Requirement.
ARTICLE VI
GENERAL PROVISIONS
Section 6 . 01 . CONSTRUCTION. Authority agrees to proceed
promptly with the construction of the facilities necessary to the
performance of its obligations hereunder. Authority shall not be
liable to the Board for any damages occasioned by delay in the
commencement of such service to Board. After Authority has notified
Board of readiness to accept such Wastewater, at the Point or Points
of Entry, Authority shall, subject to other terms and conditions of
this contract , continually hold itself ready, willing and able to
supply such service to Board. Liability of the Authority under this
covenant shall be subject to the provisions of Section 6 . 02 of
this contract.
Authority agrees to maintain and provide service to Board
with existing facilities until such time as construction of
C)
additional or replacement facilities are completed.
24
Section 6 . 02 . CONDITIONS PRECEDENT. It is expressly
understood and agreed that any obligation on the part of the
Authority to complete and operate, the said facilities shall be
conditioned upon the following :
(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 necessary for
completion of the System.
(c) Execution of contracts in substantially the form
of this contract with Arlington, Bedford, Carrollton,
Dallas , Dallas-Fort Worth Regional Airport Board,
Euless , Farmers Branch, Grand Prairie and
Irving;
(d) Release by the Trustee of the Trust Indenture .
Section 6 . 03 . OBLIGATIONS OF BOARD. Authority shall
never have the right to demand payment by Board of any obligation
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 Board
hereunder are to be made from the revenues and income received by
Board from funds derived from payments made to it by the airlines
served by the Airport and any other funds available to it for the
payment of Operating Expenses.
Section 6 . 04. PAYMENTS TO CONSTITUTE OPERATING EXPENSES
BY BOARD. Board represents and covenants that the services to be
obtained pursuant to this contract are essential and necessary to
the operation of the Airport , and that all payments to be made
hereunder by it will constitute reasonable and necessary "Operating
25
Expenses" of the Airport , as such term is defined in the 1963
Regional Airport Concurrent Bond Ordinance which authorized "Dallas-
Fort- Worth Regional Airport: Joint Revenue Bonds , Series 1968."
Section 6 . 05 . BOARD TO ESTABLISH ADEQUATE RATES . Board
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, and the prompt payment of the prin-
cipal of and interest on its obligations , if any , payable from the
revenues of the Airport.
Section 6 .06 . USE OF PUBLIC PROPERTY. By these presents ,
Board authorizes use by the Authority of streets and general utility
or sewer easements of Board for construction, operation and maintenance
of the Authority ' s System, so long as such use by the Authority does
not interfere with any lawful use by the City, and subject to all of
City' s Ordinances respecting the manner of such use and restoration of
lands, pavement or improvements resulting from exercise of the rights
provided in this section, including the cost of relocation as an expense
of the Authority' s System. Authority will work with City and cooperate
in the timing, planning and installation timetable of all facilities to
be constructed and installed by Authority.
Section 6 . 07 . USE OF REVENUES OF SYSTDI. All revenues
received from any source whatsoever by Authority by reason of its
ownership of this SyF;t-em shall , to the extent permitted by law,
26
be credited to the funds of the System as established in the Fond
Resolutions . To the extent permitted by law, if the Authority
receives income from the use of treated Wastewater, prior to its
discharge into a public stream of the State of Texas , the Authority
will apply said income against the Operation 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 con-
tracts , 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 . 08 . FORCE MAJEURE. 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 agreement, 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 Board to
make the payments required in Section 5 .03 (e) hereof, shall be
suspended during the continuance of the inability then claimed,
but for no longer periods , and any such party shall endeavor to
remove or overcome such inability with all reasonable- dispatch.
27
The term "Force Majoure" as empl.oyed heroin, 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, earth-
quakes , fires , hurricanes , storms , floods , washouts , droughts ,
arrests , restraint 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
Board to provide water necessary for operation of its water and
Domestic Wastewater 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 en-
tirely 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 . 09 . INSURANCE . The Bond Resolution will
contain appropriate provisions requiring Authority to carry in-
surance for purposes and in amounts which would ordinarily be
carried by a privately owned utility company under contract to
perform services similar to those undertaken by Authority in this
contract. Such provisions will be so designed as to afford pro-
tection not only for the holders of the Bonds but to assure and
facilitate , to the extent feasible and practicable , the restoration
28
of damag,,_,d or dost:royod properties and to minimize the interruption
of service to Board and others .
Section 6 . 10. FXGU7LATORY BODIES . This contract shall
be subject to all valid rules , regulations and laws applicable
hereto passed or promulgated by the United States of America, the
State of Texas or any governmental body or agency having lawful
jurisdiction or any authorized representative or agency of any of
them.
Section 6 . 11. ADVISORY COMMITTEE : The Board' s governing
0
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 Treatment System. Said Committee
shall be comprised of one voting representative of each Contracting
Party and Additional Contracting Party. Additionally , the Board of
Directors of the Authority shall annually appoint to serve as non-
voting members of the Advisory Committee one of its Dallas County
Directors and one of its Tarrant County Directors . The Advisory Com-
mittee ,, at its first called meeting, shall elect a Chairman a Vice
Chairman and a Secretary. The Advisory Committee 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
through
to the System:
C>
(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
C?
by thle Authority' s General Manager to the Authority ' s
Board;
29
(v) Rev iew 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 annually , all physical
elements of the System. A copy of the minutes of the meetings of
the Operating Committee and all other pertinent data, shall be
provided to the Authority ' s President,
The term of memberslLip on the Operating Committee shall
be for twelve (12) months , beginning on December 1st of each year
and endino,�D 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 Operating
Committee without voting g rights . All expenses of the Operating
CD
Committee shall be considered as an operating expense of the System,
Section 6 . 12. 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 ser-
vices .
Section 6 . 13 . ADDITIONAL CAPACITY AND FACILITIES . As
the responsible agency for the establishment , administration
operation and maintenance of the System, the Authority will , from
30
tiillc!" to time , determine when it is, riccessary to provide additional
facilities to receive , transport , treat and dispose of additional
14,1.,,towater of the Contracting Parties and any Additional Contract-
ing parties . In making the determinations called for herein,
C)
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 .
Board 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 terms more favorable than is avail-
able to City hereunder unless the governing body of City shall approve
such contract.
Section 6 . 14 . BOARD CONTRACTS WITH OTHERS . Board shall
have the right to enter into contracts with other persons outside
the limits of the Airport, natural or corporate , private or public ,
to receive Wastewater from such persons . Board covenants that it
will advise Authority of all such contracts and will ,, if requested
by Authority, furnish Authority with a copy of such contracts .
Section 6 . 15 . 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 useful by Authority and the Advisory Committee.
Section 6 . 16. PUBLICATIONS , REFERENCE WORKS , GOVERN-
MENTAL REGULATIONS . In each instance herein where reference is
made to a publication, reference work or Federal or State regula-
tion, 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 fic-ld or if conditions change or new methods
31
or processes are implemenLcd 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 . 17. 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 Fed-
eral 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 the administration of said Act,
Board 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 Authority ' s present System.
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 BOARD. Not less than forty
(40) days before the commencement of the second Fiscal Year 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 ensuino. 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
C)
Authority within ten (10) days after such filing of the tentative
budget by one or more Ccntracting Parties or Additional Contract-
32
ing 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
Additional Contracting Parties in writing. The Advisory Committee shall
consider the testimony and showings made in such hearing 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
EFFECTIV1.,, DATE AND TERM OF CONTRACT
Section 8.01, EFFECTIVE DATE. This contract shall
become effective as of the date and time of the release of the
Trust Indenture by the Trustee , as shown on said release , and
as communicated in writing to Board. Provided, the quality standards
specified in Article IV hereof shall not go into effect for a period
of one hundred twenty (120) days from the date the last of the Con-
tracting Parties executes a contract in substantially the form and
content of this contract. During such one hundred twenty (120) day
33
period; the quality standards to be in effect shall be those contained
in contracts executed in 1957 between Authority and the Cities of
Dallas , Farmers Branch, Grand Prairie and Irving. As of the date and time
of the release of the Trust Indenture by the Trustee , this contract shall-
constitute the sole and only contract between Board and Authority re-
garding Wastewater disposal services , except for contracts dated as
of December 15 , 1969 , as amended as of January 15 , 1970; and July 16 ,
1971, as amended as of February 11 , 1972 , between Board and Authority.
Board hereby recognizes and affirms its duty of making the payments
required under said contracts .
Section 8 . 02 . TER14 OF CONTRACT. This contract shall
continue in force and effect from the effective date hereof for a
period of fifty (50) years, 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. Board shall have the right to
the continued performance of services provided hereunder for the useful
life of the System after amortization of Authority ' s investment in the
System, upon payment of charges by Board, reduced to take into con-
sideration such amortization.
IN WITNESS WHEREOF, the parties hereto acting under
authority of their respective governing bodies have caused this
contract to be duly executed in several counterparts,, each of which
shall constitute an original , all as of the day of
1973 .
TRINITY RIVER AUMORITY OF TEXAS
By
ATTEST: General Manager
(SEAL)
Secretary
(SE
DALLAS-FORT WORTH REGIONAL AIRPORT BOARD
B
ATTEST: Chairman
Secretary
(SEAL)
It
x %pggr e
THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH
I, Roy A. Bateman, City Secretary of the City of
Fort Worth, Texas , do hereby certify that the above and
foregoing is a true and correct copy of Ordinance No .
duly presented and passed by the City Council of the City of
Fort Worth, Texas , at a regular session held on the day of
, 1973 , as same appears of record in the Office of
the City Secretary.
WITNESS MY HAND and the official seal of the City
of Fort Worth, Texas , this the day of ,A. D. 1973 .
City Secretary of the City of Fort Worth,,
Texas
(CITY SEAL)
C iof Fort Worth 'I c--is
JP
LINE
GRAMM- Mayor and Council (,".oti,ununteation
WWOCK DATE REFERENCE SUBJECT: Ordi'TaiT�c PAGE
,proving Sewage
r7r—
NUMBER Disposal Contract with Dallas/Fort Worth
8/27173 LC-2596 Regional Airport Board for
On June 21, 1971, a contract between the Dallas/Fort Worth ilegional
Airport Board and the Trinity River Authority was approved (M&C C-2012) .
The Trinity River Authority has prepared a new contract with the Regional
Airport Board for treating sewage originating at the Airport,, At present
the Airport is utilizing so called "unused treatment plant capacity" of
other communities[. Under the terms of the new contract, the Airport will
have unlimited capacity in a proposed ne-,,j sewage treatment facility
which will be constructed with an EPA grant. The proposed contract is
required to enable financing of the plant expansion by TRA.
The proposed new contract has been approved by the Dallas/Fort Worth
Regional Airport Board and by the City Council of Dallas ,
Recommendation
It is recommended that the contract between the Regional Airport Board
and the Trinity River Authority be approved and that the City Manager
be authorized to execute the contract.
RNL:cmc
...........
SUBMITTED BY:
-ND!,�fOSITION 0 CO C11 C SSED By
SSf"
APPROVE El 01WCRISE)
C1 MSECRETARY
DATE
CITY MANAGER
W2 A_11�