OR 88-406 Designates City Manager as General Manager of Municipal Utility District 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 88406
AN ORDINANCE OF tHE CITY OF COPPELL, TEXAS, DESIGNATING THE CITY
MANAGER OF THE CITY OF COPPELL, 'rEXAS, AS THE GENERAL MANAGER OF
THE COPPELL MUNICIPAL UTILITY DISTRICT NO. 1; AMENDING ARTICLE 1-5 OF
THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, TO REFLECT SUCH
DESIGNATION; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, in November of 1973, the City of Coppell received a petition requesting
that the City authorize the creation of Coppell Municipal Utility District No. 1; and
WHEREAS, said petition was duly considered by the City Council of the City of
Coppell on November 20, 1973, resulting in the adoption of City of Coppell Ordinance
No. 128, a copy of which is attached hereto as Exhibit "1"; and
WHEREAS, the consent of the City of Coppell for the creation of such Municipal
Utility District was granted subject to the terms and conditions set forth in Exhibit
"A" attached to said Ordinance No. 128; and
WHEREAS, one of the conditions of said ordinance and the consent given by the
City of Coppell for the creation of such Utility District was that the City designate
an official representative to be the General Manager of Coppell Municipal Utility District
No. 1 in order to properly and efficiently carry out the contractual duties to be
performed by the City; and
WHEREAS, consent to the creation of said District required that the District and
the City enter into a contract whereby the City would provide operation and maintenance
of the District's facilities; and
WHEREAS, the City did on March 25, 1975, enter into a Water Agreement and
a Sewer Agreement with Coppell Municipal Utility District No. 1 wherein the City
assumed full maintenance and complete operation of all easements, sites, right-of-ways,
interests in land and of all facilities constructed by the District, and agreed to perform
any and every other thing necessary or incident to the operation and management of
an efficient water and sewer distribution system. Copies of said agreements are attached
hereto as Exhibits "2" and "3"; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. DESIGNATION OF COPPELL CITY MANAGER AS GENERAL
MANAGER OF COPPELL MUNICIPAL UTILITY D~STRICT NO. 1
Pursuant to City of Coppell Ordinance No. 128, the City Manager of the City
of Coppell, Texas, is hereby designated as the City's official representative to be
General Manager of Coppell Municipal Utility District No. l. That the Code of Ordinances
of the City of Coppel], Texas, be amended by adding thereto a new Section 1-5-9 to
reflect such designation.
SECTION 2. DIRECTIONS TO CITY MANAGER
That the City Manager promptly take such action as is necessary to clarify all
agreements with Coppell Municipal Utility District No. 1 and perform all duties and
responsibilities in connection with the General Management of the Coppell Municipal
Utility District No. 1.
SECTION 3. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 4. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after its passage as the
law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
' day of ]7~Pt-c~ , 1988.
APPROVED:
ATTEST:
Y SECRETARY
APPROVED AS TO FORM:
\
O~INk~CE G~NTING PETITION FOR ~ INCLUSION OF ~' ;' "
L~ND IN COPPELL ~UNICIPAL ~ILI~' DISTRICT NO. 1 ~ ".,
~EREAS, the City of Coppetl.has received a Petition requesting that the
City of Coppell, Texas, grant.its consent to the inclusion is wholly within the
corporate limits of the City of Coppell, which Petition further requested that the
City grant its consent to the creation of said District, and which Petition is
attached here~o and incorporated herein by reference for all pu~oses, and
h~EREAS, said Petition has been duly considered by the City Council of the
City of Coppell, Texas, and
~EREAS, the granting of said Petition and the inclusion of the ~herein
described land within the boundaries of the proposed Coppell Municipal Utility Dis-
trict No. 1 and the granting of the City's development and use of the land to be
included in the District and will promote and protect the general health, safety
and welfare of persons residing therein;
NOW, THEREFORE, BE IT ORDAINED BY ~ CI~ COUNCIL OF T~ CITY OF COPPELL,
TE~S:
1. ~at the Petition for the consent of the City of Coppell for the in-
clusion of land within Coppell Municipal Utility District No. 1 and requesting that
the City grant its consent to the Creation of said District be, and th~ same is here-
by in all things granted and approved.
2. That s~id Petition is granted subject to those terms and conditions
set forth in E~ibit A, a=tached hereto and incorporated herein for all purposes,
and in addition to all the rights and remedies provided by the laws of the stat~
in the event the District violates the terms and provisions of the City's written
consent, the City shall be entitled to injunctive relief or a wri~ of mandamus issued
by a court of competent jurisdiction restraining, compelling or requiring the District
and its officials to observe and comply with the tems and provisions prescribed in
the City's written consent to the inclusion of land within the District.
PASSED ~YD ~PROVED, this 20th day of November , 197~.
blayor, City of Coppell
AssiS~'j~t ity ezreta~%'7 ' '
City of ~,/e;~pel:, Te×as'
KKHIBIT "1"
(SEAL)
EXHIBIT A
TO ORDINANCE N0.128
The City of Coppell, Texas, consents to the inclusion of
land within the corporate limits in Coppell Municipal Utility
District No. 1 and consents to the creation of said District
subject to compliance with the following terms and conditions:
1. The District shall submit all plans and specifications
for the construction of public facilities by the District to the
City for its review and approval, and the District must obtain
the written approval thereof by the City prior to the submission
of the approval of any bond application to the Texas Water Rights
Commission. (Such approval shall appear as a notation on the
plans and specifications). The construction of said approved
improvements must be in accordance with the approved plans and
specifications and applicable standards of the City, and no change
orders therein shall be effective without the prior written ap-
proval of the City. During construction, designated representa-
tives of the City may make periodic on-the-ground inspections.
Upon completion of the construction of improvements, the City
shall be furnished "as-built" plans of all improvements'. The
City shall be reimbursed for all costs reasonably incurred in
reviewing and approving of the Districts plans and specifications
and in the making of the periodic inspections.
2. The District mmst obtain appropriate easements, sites and
right-of-way for facilities to be constructed, and said easements,
sites and right-of-way shall be in accordance with standard City
requirements therefor; and construction therein must be in ac-
cordance with the appropriate City rules, regulations and stan-
dards.
3. Bonds may be issued only after written approval of the
projects to be constructed with said bond proceed- has-been offi-
cially granted by the City. Bonds sb. all be sold only after the
taking of public bids therefor and bids therefor pursuant to pub-
lic notice duly given as provided in r%ectien 54.5121, Texas Water
Code. Professional fees paid by the District shall be consistent
with fees approved for pavement by Municipal Utility Districts by
the Texas Water Rights Commission, or its successor.
4. The proposed Temporary Board of Directors of the District
shall be submitted to and approved by the City Council prior to
their submission for the consideration of the Texas Water Rights
Commission, or its successor.
5. A copy of the District's annual audit of fiscal accounts
prepared pursuant to Subchapter K, Chapter 50, Texas Water Code,
shall be furnished to the City within thirty days after the re-
ceipt of the audit by the District.
6. Upon the creation of the District, it is agreed that the
District and the City shall enter into a contract whereby the City
will provide for the proper maintenance of the District's facil-
ities and provide any required operation thereof. In addition,
the City will provide any necessary billings for services. Said
contract shall provide for the designation of the City's official
representative to be the General Manager of the District in order
to properly and efficiently carry out the contractual duties to
be performed by the City. It is expressly agreed and understood
that the City will be reasonably compensated for the provision
of all services and materials furnished to the District, includ-
ing any professional services obtained by the City in order to
properly perform its contractual duties.
7. The District shall agree that no Petition for Annexation
shall be considered without the prior approval thereof by the City
Council, whether the area to be annexed is within or without the
corporate limits of the City of Coppell.
8. The City may acquire, at its option and election at any
time, the facilities an~ assets of the District upon the asslunption
of all bonded indebtedness of the District. In no event shall the
District base the value of its properties on any basis other than
its then outstanding indebtedness.
9. The District shall be created b~r t~.e general la~.Js of
Texas applicable to Municipal Utility Districts including with-
out limitation those conferred by Chapter 54, Title 4, Water Code,
but if any provision of the general law is in conflict or incon-
sistent with the above terms and conditions, then such terms and
conditions shall prevail unless expressly waived in writing.
STATE OF llEXAS t
CDUNTY OF DALM, S t WATER AGRES ,ENT ---,
T~S ~G.I=~'~.T .is. bade'and-entered into as of the
· 25th :day cf Earth , 1975, by an~.bet~een the CITY
OF CD?PE'LL, TECAS, a municipal c~_--_~_~oration of the State Cf
Texas, acting under the laws cf the State of Texas (heroin-
after ca!ied'~City"), and COPPELL MUNICIPAL UTTTJT~y
N0. ! (heroinafter called "District"): "
WITNESS'ETE:
..-L ........ ~.=RL~.c, District was created pursuant to an Order
of the Texas Water Rights Comr~issiSn for the pur;.~cse of
providing water, sanitary sewer and drainage facilities; and
· ._._~yLR~_~c,..City.ccnsented to.the fc_-m. ation of Dist_~ict
'-' wholly within its corporate liZit~ and as a condition thereof
..... reserved ce_--=ain rights to the City and fu_'~_her provided
-- ~_ in due.course the parties wcu!d execute an agreement relating
to ccnsz_--uc:icn of such facilities by Discriot and the cFera-
· -ticn and maintenance of such facilities by City;
NOW, T~.=~ORi, FOR AND IN CONSiDEP~TION cf the mutual
benefits, promises and covenants contained heroin, District
-- and Cizy hereby agree ~nd contrac= as fc!!ows:
District agrees to ccHstruct, and City agrees to oper-
ate and ~aintain, ce_--=3~n facilities for the tr~spcr=ation
and delivery cf wa:er to be ccns:rccted by Discriot, according
to the tans and.conditions hereof, as fc!!ows:
!. CONSTRUCTION OF FACiLITiES
!.! District will ~e sc!e!y respcnsi~!e fsr the ao-.~uisi-
tion of all sites, eas~menzs, rights-of-way and cther interests
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in land, and for the purchase, ac-.-uisiticn, constraction and
insta!!aticn of all facilities necessary tc transport and
deliver treated water from such point(s) as District and City
may determine to connect their respective systems and facili-
ties to the customers to be served ~y ~he ~istrict, including --.
cos; of such co~.~ection(s) to.City's system.
2. OPE.RATION AND MAINTENANCE
_2.1 City agrees ~o assume the full and complete opera-_.
tion and maintenance'of all easements, sites, rights-of-way
and other interests in land ac-.-p/ired pursuant heroic and of
all facilities constraczed hereunder by the_District. City
shall be respons. ible for 'service to District c=stomers, in-
cluding but not limited to co!lacticn of tap fees, stand-by
fees, completing customeras connection to the system, admin-
istration of service deposits, monthly billing and coi!ecticn
of such bi!!ings.'for-water service, and any and every other
....... thing necessa_'-y or.incident to the operation and management
of an efficient water distribution system. City further
agrees that operation and maintenance cf District's system
shall be in accordance with recognized sysz.~ms and practice~
as followed by City in the operation of its own water system.
......... 2.2_. District shall adopt rates for water service to
customer~ of__District's syst~ which are consistent, to the
extent possible, with rates charged for the same services by
City. No free sereice of the system shall be allowed to any
=4~-- corporation or org~izaticn whatsoever.'
person, ..... ,
3. BILLING AND PAYPINT
......... 3.!--City sha!!iccmpute_mon~hly the ratio that the
.~uantity of wa~er use a!!ccable to District's customers bear~
to the tctal quantity used by all water users supplied by
City for.-that-month,.and Dis=ric~ shall be charged its pro-
rata share of such total cost according to City's cost of such
water.
3.2 City shall deterrn..ine, month!y, the actual cost of
operating and maintaining District's system, as set cut here-
in. Such cost shall include all !abcr, materials, supplies,
transportation ~d other applicable out-of-pocket expenses
incurred in operating and maintaining Distric='s water system.
The rote! mcn=h!y cost shall he charged against all revenues
received or cn ha~.d, save and except customer service deposits
which shall be held by City in a separate fund, and, subject
to Section 3.4 hereof, excess revenues remitted to the District;
provided, however, that City shall bill District for any costs
- 3 -
in excess of usable revenues, as set out heroin, and District
shall r~it within tan days of receipt of such bill.
3.3 City shall provide monthly~ln~naudited ~t~Ement.~
to District listing all receipts and disbursements a!!ocable
to District's system. City shall fu~her provide an annual
budget, in Septer~er of each year, settinq cut City's bes~
estimate of the projected costs for the ensuing fiscal year
(October 1 through September 30).
3.4 Di~rrict'sha!l provi~ a deposit in the arnoun~ cf
S2,500.00 at such tLme as City is notified to assume the oper-
ation and maintenance of Dis~rict's system'under this Agreement..
Suck deposit skz!! be used by City to pay monthlyco~tz in ex-
cess of monthly revenues. To the exten~ receiFt~ exceed ccszs
in any m~nth, City may replenish such deposi~ ~o the. original
balance.
3.5 City -shal! ~rovide District a~ua!!y with an
a~dit~'st~t~ment cf all receipts and disbursements related
to Cizy's operation and maintenance of Dis'ric~'s syste pur-
suant 'to this Agreement.
4. SPEC!~ COrNeTS
4.1 Distric~ aqr~es to 5e respcns~!e for and to
inde~ify' a~d hold ha~!ess City, its aqent~ and ~mployees,
from all los~ or daaqe and any or all c!a~s, suitz and
a'Ctic~s cf any kind cr description arising by reason cf
accident, injuries cr d~aqe ~o persons or property, caused
or resultinq from ~cts '0r cmission~ of Di~tric~ arisinq' from
the perromance of the work provided for in this Agreement.
...... 4.2 City will n~t petit a~y person to make ~ny water
connection or do any p!~q work on any of the water lines
of District except that same shall be done in compliance with
the then governing ordinances if any, of City.
4.3 It is e~ress!y agreed and understood that the
City shall never be liable to the Diztric% or any ef its
citizens for th~ fai!ur~ to furnish a~ a~e~ate wa~er supply
in ~ny of the following eve. zs ocsurrinq by reason cf fcr~e
maje~e or other cause no~ within the control of City: (1) it
davelopes that City finds it necessary to restric~ or cur~ai!
the use of water under the provisions hereof; (2) the pres-
sure, amcun~ or qda!ity of water fails; (3) the wa~er becomes
cont~inated; or (4) the City becomes unable to fznish thi~
water se~ice as a resul~ of sabotageF cr any other zeascn be-
yond the control cf City.
5. APPLICA_mLE LAWS
5.1 This Aqree_men~ is entered into by each of the
partie~ he~eto, ~ubject to the provisions of the Constitution
and applicable ~=a~e laws, or any samendmer~ ~f either source -~-
of power or authority under which each respective pa.--z~y acts
in e~terinq into this Agreement.
6. FORCE ~JEUE
6.1 If by reason cf force majeure, either percy hereto
zhal! be rendered unable 'wholly or! in par~ to car. y cut its
obligations under this Agreement, then if such par~y shall
give notice and full panlot!are of ~uch force majeure in
writing to the other pa~y within a reasonable time ~after
occurrence of the event cr cause relied on, the obligation
ofthe party giving such_notice, so far as it is affected by
such force majeUre, shall be suspended during the continuance
of the inability then claimed, but for no !onqer period,
any such party shall endeavor to remove or overcome such in~
ability with all reascnable dispatch. The term "Force. Majeurs~
as ~mployed heroin shall mean acts cf God, s~trikes, lockouts or
.... other industrialdisturbances, acts of public enemy, orders of
any kind of the Goverrnent of the United States or the State of
Texas, cr any civil or military ~uthority, L~surrection, riots,
epidemics, landslides, !ightninq, .earthquake, fires, hurricanes,
..... storms, floods, washcuts,~drouths, arrests,-restraint of gcvern-
ment and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines or canals, partial or entire
failure cf water supply, and ina~i!ity on the part of City to
deliver water hereunder for-any reason, crDistrict to receive
warethereunder for any reason~ cr on account of any other
causes not reasonably within the control cf the pa_---.y c!aLming
-- such inability.
....... 7. EFFECTi~ DATE
7.1 It is understood and agreed that the provisions
hereof shall be effective upon the execution hereof but Dis-
trict shall not be obligated for any payments hereunder, save
and except for the deposit provided in Section 3.4, until all
facilities and appuxenances necessary to allow the City to
receive sewago hereunder have been constructed and certification
of completion and acceptance has been giv~ to District.
8. TEP_M AND NOTICE
8.!' This Agreement shall be for a ten of five (5) years
from the date of the first taking of water hereunder, and shall
- 5 -
be aut$matic~!!y renewed for additional five (5] year periods
unless previously term,,inated. This Agreement 'may be ter~-..ina~ed
by either pai-~,y heroic upon written notice of ter. ination being
given
the te_'-~ha~ion
8.2 Any notices required to be given heroin sSa!! be
deemed to have been sufficiently given to either par~y for
all purposes hereof if mailed by ce_".ified mail, postage pre-
paid, addressed as follows:
~!TY OF COPPELL, TEXAS:
City Of Coppe!!
Coppe!! City Hall
.P. O. Box 478
Coppe!!, Texas 75019
· COPPELL ..uUNTCIPAL UTILITY. DISTRICT NO. !
Coppe!! Municipal Utility District No. 1
c/o-.Phy-& Shor~,l-Attorneys for the District
P. O. Box 988
Dallas, Texas 75221
or to such other.respective address as the parties may desig-
_hate. from time to time in-writing in accordance with this
notice provision,
IN T~_STiMONY W~-----P--=OF, the City has caused this instru-
ment to be signed in its corporate naIne, and on its. behalf by
its Mayor therecf~ a-,tested by its Acting City Secretary, with
its corporate seal affixed; and the District has caused this
instrumen', =o be signed in its name, with its seal affixed,
thereby binding themselves, their successors, assigns .and
representatives for the .faithful and full perform. shoe cf the
te_~ns and provisions of this Contract, individually jcint!y
and severally,
EXICUTED AS OF T..~E-_ DAY AND DATE first above written.
CITY OF CSPPELL, TEiCIS
B
/ Mayor
Ac=ing: Ci:y
(CITY SEAL)
APPROVED:
_,-r~/,~,,~/~, //:' :~,~
City A~zcrney ~/.
COPPFLT. MUNICIPAL UTILITY
DISTR/CT NO. 1
ATT_~ST:
(DISTRICT
· STATE OF TE<AS t
SANITARY SEWER AGREE ENT
COUNTY OF DM_LAS ][
THiS AG~E~'~_TN.T is made and entered into as of the
25th day of Mar~h , i97S, by and between'the '
CiTY OF COPFELL, TZX~S, a municipal corporation cf the State
cf T~_~as, acting ~-.der the laws cf the State cf Texas (here-
insfret ca!!ed.."~ity"], and COPPFrJ, MUNiC!~AL UTZLiT~ DISTK~CT
NO. ! (heroinafter called "DiStrict"): '
.... WITNESSETE:
W~iE.~F_~S, District was ore[ted pursuant to an Order of
~ "Lhe'Te~as:'Water Rights Ccraissicn=~for'vthe purpose of ~rcvidinq
water, saHitary sewer and drainage facilities; and
~E.~L~S, City consented to the fcrm..aticn of District
'wholly within its corporate !t~its and as a condition thereof
.......... reserved ce~ain rights tc the .City and further provided that
......... in due-'ccurse-the-par~-ies would execute an agreement relating
to'cBn~_-uhticn"~f 'sech facilities by District and the operation
and maintenance of such facilities by City;
NOW, TP~ORZ, FOR A/qD IN CONSIDERATION of the mutual
benefits, przmises ~d covenants contained heroin, District
and City hereby agree ~nd contract as fc!!ews:
District agrees to constr~ct and City agrees to operate
and maintain, facilities for the transFcraticn cf sanit=__-y
sewage to be cuns'._--acted by District, according to the ter--s
am.d c~nditions hereof, as fellows:
I. CONSTRUCTION CF FACILITIES
1.! District will ~e scie!y respensi~!e for the ac%iuisi-
ticn of all sites, easements, rights-of-way and ether L-.~erests
in lank, and for the purchase, azT~isiticn, constraction and
- 2 -
insta!!aticn of all facilities necessary to transpcr~. sani-
tary sewage to and connect with City's sanitary sewer system
at such Deliver Point(s) as City and.District may mutually
dete_--/ine. District will construct a metering station and
install appropr/a=a_me=erinq ~quipment at such Delivery Poin-,[s)
for the purpose of'mezering the quantity of sewage discharged
into City's system.
2. OPE.RATION AND ~IINTENANCE
-- 2.1 City agrees to assume the full and comp!eteI
operation and maintenance of all easements, !sites, rights-
of-way and other interests in land acquired_pursuant herezo
and of all facilities constructed hereunder by the District.
City further agrees that such operation and management shall
be in accordance with aDo~-~blo methods and practices foI-
!owed by City in the operation and management cf City's own
-sanitary sewer.system, which methods and practices shall be
consistent with those 9enera!!y accepted by the_industry in-
...... the operation and management of an efficient sanitary sewer
system.
...... 2.2 City shall assume.operation a~d management of the
District's system ~ediate!y upon notice in writing by Dis--
trict to City of the ccmp!etion thereof. As used in t~is
Agreement, operation and management includes operating and
-, maintaining the facilities, making service taps and connec-
I ticns to the collection facilities, billing and collecting from
~ the customers of the system the service deposits (which shall
be retained by City), connection charges and sol-vice fees set
..... by District,_furnishing such personnel as may be requlred, mak-
'ing necessary repairs and replacements, and doing and perform-
.... . inq any and every other thing necessary cr incident tc the
.. operaticn,=maintenance=and-manag~ment of an efficient sanita---y
sewer system. The City shall have the authority to disconnect
and discontinue the se!-vice of any customers connected to the
' '] system who are de!in.cuent in payment of their service bills cr
who are in violation cf this Agreement c= the roTelations or
policies applicable to the system.
2.3 District agrees that this Agreement shall be subject
in all thh~gs to the agreement by and between City, the Trinity
River Authority of Texas ("Authority), and =he City of Carroll-
ton.
2.4 District agrees to establish and maintain such
rates for sewage discharge services as are consistent, to the
extent possible, with rates charged by City for such services.
-- 3 -
No free serzice of the system shall be allowed to ~y person,
firm, ccr~rcration cr orga.~ization whatsoever.
3. BILLING AND
3.1 All se~age from District's system shall be dis-
chzr~ed into City's system. For such sa~ise, DisZric:.sha!!
pay Ci:y's c:s= per =hous~ gallons as c'~rent!y paid by
City or as ray be heroinafter aended. Ci=y shall
mcnt~y the qu~=ity of sewage discharged into City's
by District's system, and Dis=ric shall be ch~ea for 3uch
qu~ti=y at the a~ove rate.
3.2 Ci=y shall deter!no, ~nth!y, ~he ac:ua! cost
of operating and main:aining Dis:ric:'s sys:~m, as set out
heroin. Such cost shall include all !~cr, mteria!s, sup-
plies, trznspcna:icn and c=her applicable out-of-pocket
expenses incurred in operaZing and min=aining Dis=ric:'s
sanity' sewer sys:sm. The total monthly ccs= shall
char~ed against all revenues received cr on hand, save and
~cep= customer se~ice depcsits which shall be. held by City
in a separate fund, and, s'~ject to Section 3.~ hereof, ex-
..... cess revenues related to the Distrio:; provided, however,
that City shall hill Diszric= for any 'com:s in ~cess of
us~le revenues, as se= out heroin, and District shall r~it
-within'ten days of receipt cf su~n bill.
3.3 City sh~l! provide monthly an unaudited statement
to District listing all receipts and disbursements a!!ocab!e
to Dis:rict's system. City shall ~unher provide ~ a~ua!
budget, in Sepz~T~er cf each year, se:ting cut City's bee=
est~ate of the projec:ed costs. for the ensuing fiscal year
(October ! through Septe~er
3.4 District shall provide a depcsi: in the ~cunt of
S2,500.00 at such .t~e as City is notified to ass~e the oper-
' a:lcn and ~ain:enznce of District's system under this Agree-
ment. Such deposit shall be used by City to pay mcnth!y costs
in excess cf mcnth!y revenues. To the ex:ent receipts ~ceed
costs in ~y month, Cit~ may replenish such deposit =o the
original b~ce.
3.5 City shall provia~ Distri~ annually with
audited statement cf a!! recelpts and disbursements related
to City's operation. and ~in-~sn~ce cf Dis=ric:'s syZ~
suet to this Agre~ent.
4. SPEC~L C0~N~TS
4.1 Dist~_ct agrees to be responsible for ~d
ind~ify and hc!d had. less City, i=s agen?s and 9mp!cyees,
- 4 -
from all loss or damage and any or all claims, suits and
actions cf any kind or description arising out of this Agree-
ment Or by'reason of aceidaho, injuries or d~mage to persons
cr property, caused or resulting from acts or omissions of
Dis~ric=3_risLnq from ~he performance of ~he work provided ...
for in this Agreement.
4.2 This Agreement shall be subject in all things to
the agreement by and between City, the Trinity River Authority
of Texas ('Authority"), and the City of Carrollton, or any
amendment or successor thereto, under which City p~rchases
transportation, treatment and disposal of its sewage.
5. APPLICABLE LAWS
~ 5.1 This Agreement is entered into by each of the
' ~arties heroic, subject to the provisions of the Constitution
and applicable.State laws, or any a=nen~ment cf either source
of power or authority under which each =aspectire paJ_ty acts
in .entering into this Agreement.
6. FORCE M~JEURE
6.1 If by reason of force maje~e, either pa_---.y
hereto shall be rendered unable wholly or in pan to carry
out its obligations under this Agreement, then if such
x _VnL'7_ ~sha!! give notice and full particulars of such force majeure
in writing to the other par-_y within a reasonable time after
occurrence of the event or cause relied on, the cb!igat4cn
of the party giving such notice, so far as it is affected
...... by such force majeure,-sha!! be suspended during the con-
tinuance of the inability then 'claimed, but for no longer
period, and any..such pony shall endeavor to r~move cr over
..... c~me such-inability with-all reasonable dispatch. The term
"Force Majeure" as ~mployed heroin shall mean acts cf God,
strikes, lockouts or_other industrial disturbances, acts
'of public enemy, orders of any kind of the Goverrae_~z of
the United States or the State of Texas, or any civil or
military authority, insurrection, riots, epidemics, land-
slides, lightning, earthquake, fires, hurricanes, Storm.~q,
floods, washouts, drouths, arrests, restraint of govern-
ment and poop!e, civil distur~ances, exp!osions, breakage
cr accidents to machinery, pipelines cr canals, pa_~ial or
entire failure of water supply, and inability on the part
cf City to. receive sewage he.~%~nder fur any reascn, or Dis-
trict tc discharge sewage here~nder for any reason, cr on
account cf any other causes not reasonably within the con-
trol of the party claiming such inability.
- 5 -
7. KFFECT:FV~ DATE
7.1 It is underztood ~d agreed that the provisions
hereof shaf! be effective upon the execution hereof but Dis-
trict shall not be obligated for any payments hereunder, save
and except for the ~eposit provided in Section 3°4, until all
faci!itie~ and appuzenances necessary to allow the City to
receive sewage here~der have been constrJcted and certification
of completion ~d aczeptance has been given to District.
8, ADDZT!ONki FACIL!TTES ._
8.1 District would further agree that at such time
as City determines ~a~ Ci~y's system is approaching maxi~
capacity due to the ~$uz% cf sewage discharged from District's
system into City's system, District [~d City will consider
a!te,~a~ive solutions and District will either (!) contract
directly with other entities for transpoz--.ation, treatment
and disposal of 'sewage, (2) paxicipate pro-rata with City in
--- cons%r~ct_ion of additional facilities, cr both, or (3) make
such other arrangements for such transports%ion, treatment and
disposal of sewage as the parties may agree.~
9. TEKM AND NOTICE
-. ....... 8.1 This Agreement shall be for a te_--m of five
...-=:._.-- years-from the date .of the first delivery of sewage hereunder,
and shall be automatically renewed for.additional five (5) year
periods unless previously terra. inated. This Agreement may be
te_~Tainated by either pa_--Z.y hereto upon ~ritten notice cf ter-
..... minerich being given to the other parz. y not less than sixty (60)
days prior to the te_~ination ~ate.
..... ~= ._ _S.2._Any notices recuired-~o be given heroin shall be
..... R~e~'{~hlVe been ~uffi~f~nt!~ given to either party for all
purposes hereof if mailed by cer-.ified mail, postage prepaid,
addressed as follows:
CITY. OF CCPPELL, TEYlS
City cf Ccppe!!
Coppe!! City Hall
P. O. Box 478
Coppe!!, Texas 75019
COPPELL MUNICIPAL UTILITY_ DiSTE!CT NO. 1
Coppe!! }funicipa! Uti!it-y District No. 1
c/o Phy & Shot--., Attorneys for the District
P. O. Box 988 oo
Dallas, Texas 75221
or to such cther respec'_ive address as the parties may desig-
ner-" from tL~e to ti~e in writing in accordance with this
no=ic~ provision.
~ TESTIMONY W~E~EOF, the City has caused this instrc-
ment to he signed in its corporate name, and on its behalf by
its Mayor thereof, attested by its Acting City Secretary, with
its corp. crate seal affixed; and the District has caused this
instrument to be signed in its n~=e, with its sea! affixed,
thereby binding themselves, their suc=essors, assigns and
representatives for the faithful and full perfo_--mance of the
terms and provisions cf this contracE, individually, jointly
and severally.
EXECUTED AS OF TFS DAY A2qD DATE first aJ~ove written.
CITY OF COPPELL, TEY_~S
ATTEST:
..... ~ .... ~yor
Aczin~ City ~cIeUa~
(CITY
COPPELL MUNICIPAL UTILITY
DISTRICT NO. !
ATTEST:
Pr_esiden~, Board cf Directors
Secre-_u--_y, Board oz DEtectors
(DISTRICT S~2AL)