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..Title
Consider approval of Supplemental Agreement No. 3 to the Treated Water Contract
between City of Coppell and the City of Dallas; and authorizing the City Manager to sign
and execute any necessary documents.
..Summary
Executive Summary:
Approval of this agreement will provide temporary construction water to the Cypress
Waters Development (Northlake) until such time as the first certificate of occupancy is
issued for any habitable structure in the first phase.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Staff recommends approval of Supplemental Agreement No. 3
Goal Icon:
Ea
Sustainable City Government
T H E • C I T Y • O F
COPPELL
„is A P4 4".
z
9
A Sp
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: May 22, 2012
REF: Consider approval of Supplemental Agreement No. 3 to the Treated Water
Contract between the City of Coppell and the City of Dallas; and authorizing
the City Manager to sign and execute any necessary documents.
For many years now, the City of Coppell has been involved in the development of property within
the City of Dallas surrounding North Lake. After working through numerous legal issues, an
agreement was signed in 2008 between the City of Coppell and Cypress Waters Land A, Ltd. This
agreement allowed for the purchase of certain portions of the property by the City of Coppell and
denoted several other areas of Coppell's responsibility for future development. In 2009, the
Omnibus Amendment to the Contract of Purchase and Sell In Lieu of Eminent Domain; Settlement
Agreement; and Northlake Water Supply Planning Agreement, was executed by the City of Coppell
and Cypress Waters Land A, Ltd.
A part of the Omnibus Amendment includes the City of Coppell providing interim water service to
the first phase development of Cypress Waters. The interim water service is to be discontinued
once the first phase is complete and the City of Dallas water service is in service. The Omnibus
Amendment further states that the connection will remain in place as an emergency interlocal
connection between the City of Coppell and the City of Dallas. Because the Omnibus Agreement
was only between the City of Coppell and Cypress Waters Land A, Ltd., the next step in the process
is to work with the City of Dallas to prepare a Supplemental Agreement for the City of Coppell to
provide water to land within the City of Dallas, for a limited time.
The City of Coppell purchases water from the City of Dallas. That water then goes through our
storage tanks and pump station, near the intersection of Sandy Lake Road and MacArthur Blvd.,
into the distribution lines and the elevated tanks in Coppell. This Supplemental Agreement will
allow Cypress Waters to connect to an existing 16-inch water line in South Belt Line Road for the
purchase of taking water from the system that has previously been purchased from Dallas. It is
important to note that this is only an interim water connection for construction purposes only for the
First Phase.
1
The process of drafting an agreement between the City of Coppell and the City of Dallas began in
April 2011. Since that time, there have been numerous variations of the Supplemental Agreement
which is officially referred to as Supplemental Agreement No. 3 to the Treated Water Contract,
between the City of Coppell and the City of Dallas. On May 3, 2012, representatives from Dallas
and Coppell were able to resolve all outstanding issues associated with the proposed Supplemental
Agreement. The most recent changes to the agreement were in Sections 6 and 7. Section 6
specifically states that the water is only construction water and is only provided during the
construction of the First Phase. It also states that prior to a Certificate of Occupancy (CO) being
issued by Dallas for any dwelling unit that Dallas must have an onsite water supply, separate from
Coppell, in service. Once that first CO is issued, then Coppell no longer has the responsibility to
provide interim construction water, even if the First Phase is still under construction.
Section 7 states that the interconnection between the Coppell and Dallas water supply will only be
used in the future for "emergency use." Note that the connection, while not in service after a CO
has been issued for the first dwelling unit, will still be in place. So while the connection will remain
in place, it will only be utilized in the event of a catastrophic failure. A catastrophic failure could be
any number of things where either City has lost the ability to provide water that would be necessary
for health, safety or fire protection issues. Paragraph 7 specifically states that a catastrophic failure
is not deemed to be created by the fact that the City of Dallas does not have a water system in place
at such time as they are requesting their first CO for a dwelling unit.
The City of Dallas has previously approved the Supplemental Agreement. Also, the construction of
the onsite City of Dallas pump station, water storage tank, and distribution lines is currently
underway on the Northlake property.
Staff recommends approval of Supplemental Agreement No. 3 to the Treated Water Contract
between the City of Coppell and City of Dallas and will be available to answer any questions at the
Council meeting.
2
dallas
cat]of c�ailas
August 24, 2012
Mr. Clay Phillips, City Manager
City of Coppell
P. 0. Box 478
Coppell, TX 75019
Subject: Supplemental Agreement Number 3 to Wholesale Treated Water Contract
Dear Mr. Phillips:
Enclosed for the City of Coppell's official records is an original copy of the fully-executed
Supplemental Agreement Number 3 to the City of Dallas and the City of Coppell
Wholesale Treated Water Contract.
Dallas certainly appreciates Coppell's assistance in this matter and we look forward to
continued collaborative success in the future. Please do not hesitate to contact me at
214-670-5243 should you have any questions.
Sincerely,
, ,
al;;;;L--
Jacqueline Culton, P.E., Program Manager
Wholesale Services Division
City of Dallas Water Department
Enclosure
c: Mr. Ken Griffin, Director of Engineering, City of Coppell
Our Vision:To be an efficient provider of superior water and wastewater service and a leader in the water industry.
Wholesale Services • 1500 MariIla, Room 4AS, Dallas,Texas 75201
Telephone: (214)670-5888 • Fax:(214)670-3154
STATE OF TEXAS §
§ SUPPLEMENTAL AGREEMENT NO. 3
§ TO TREATED WATER CONTRACT
COUNTY OF DALLAS §
THIS SUPPLEMENTAL AGREEMENT NO. 3 to that certain Wholesale Treated Water
Contract dated November 18, 1987 ("the Contract"), as amended by Supplemental Agreement
Nos. 1 and 2, dated June 12, 1992, and November 9, 1994, respectively, by and between the
CITY OF DALLAS, TEXAS, a Texas municipal corporation, hereinafter called "DALLAS",
and CITY OF COPPELL, TEXAS, a Texas municipal corporation, hereinafter called
"COPPELL", evidences the following:
1. The Contract is amended as follows:
(a) The contract is amended to include Exhibit E governing the provision of interim
construction water service and interim wastewater service concerning the project
referred to as "CYPRESS WATERS" located within the boundaries of DALLAS
and Exhibit E-1 which provides a depiction of the initial development of
"CYPRESS WATERS" (the"First Phase").
(b) Section 13 of the contract is amended to read as follows: •
"13.0 SPECIAL PROVISIONS:
Special provisions applicable to this Contract are attached hereto and styled
Exhibits B, C, D, E and E-1. These exhibits are incorporated herein, as if copied
word for word. Exhibit B delineates the delivery facilities. Exhibit C contains
provisions peculiarly applicable to the contract with Customer and supplements
provisions of this standard Contract. Exhibit D contains provisions of the
Reciprocal Water and/or Wastewater Service Agreement. Exhibit E contains
provisions of interim construction water service and interim wastewater service
for the project referred to as "CYPRESS WATERS" located within the
boundaries of DALLAS. Exhibit E-1 provides a depiction of the First Phase of
"CYPRESS WATERS".
Page 1
2. All other terms, provisions, conditions, and obligations of the Contract between
DALLAS and COPPELL shall remain in full force and effect, and said Contract,
as same may have previously been amended, and this Supplemental Agreement
No. 3 shall be construed together as a single contractual agreement.
Executed this /541-1 day of A14,5 u S-/' , 2012, by DALLAS, acting through its
City Manager, duly authorized to execute this agreement by Council Resolution No. 12-0952,
approved on March 28„ 2012, and by COPPELL, acting through its duly authorized officials.
APPROVED AS TO FORM: CITY OF DALLAS
THOMAS P. PERKINS, MARY K. SUHM,
City Attorney City Manager
1
�
BY ,
/ _ fl %_. _ ,_ BY 2
Assistant City Attorney Assistant City Manager
4If APPROVED A 0 FORM CITY OF COPPELL
0 i ' BY: 7le--
BY: /�/%'�/ /
City-Attorney / Cit anager
Page 2
EXHIBIT E
INTERIM WATER SERVICES
COPPELL currently has an existing 12" water line located in Belt Line Road
between IH-635 (LBJ Freeway) and Wrangler Drive, which is generally along the
western boundary of the Cypress Waters proposed development. This line connects
to a COPPELL 16" water line located in Dividend Drive at Belt Line Road. An
analysis of that water network, prepared for COPPELL by Freese and Nichols, Inc,
and documented in a report dated December 31, 2008, with addendum dated February
13, 2009 and April 5, 2011, states that COPPELL currently has the ability to provide
at least 0.75 MGD peak hour flow to Cypress Waters for elevations of up to 550 feet
while maintaining pressures of 40 psi and fire flows up to 1,560 gpm. Therefore, it is
agreed that:
DALLAS may make a connection to the existing 12" or 16" water line (the "Line")
as a source for interim construction water and fire protection during the First Phase
construction on the Cypress Waters property, more particularly described on Exhibit
E-1 attached hereto, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL water
network shall be provided and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction
standards.
3) All permitting and fee requirements of COPPELL shall be followed by
DALLAS.
4) Appropriate metering facilities for the connection of the interim service shall
be provided. The metering facilities shall be conveyed to COPPELL.
5) The water provided under this Supplemental Agreement shall be considered
DALLAS water and the volumes measured through the meter will be
Page 3
deducted from the amounts of DALLAS water sold to COPPELL. The
billings to COPPELL for treated water will be commensurately reduced.
To compensate COPPELL for the use of their mains and for pumpage to
convey the water to this area of DALLAS, DALLAS agrees to pay
COPPELL a wheeling charge. The current wheeling charge i s $0.152
per one thousand gallons. Such charge shall be subject to review every 5
years and adjusted per the consumer price index ("CPI"). The term "CPI"
as referenced herein shall mean the annual average Consumer Price Index
issued by the Bureau of Labor Statistics covering all Urban Consumers for
the Dallas, Fort Worth, Texas region, or if this index ceases to be published,
then a comparable index.
6) The construction water service provided in this Agreement is initially to be
provided during the construction of the First Phase only. Prior to a Certificate
of Occupancy (CO) being issued by DALLAS for any dwelling unit within
the Cypress Waters Development, an on-site DALLAS water supply, separate
from COPPELL, must be provided by DALLAS. The addition of an
operational on-site DALLAS water supply relieves COPPELL of the
responsibility to continue to provide water service during construction of the
First Phase. Except as provided in Paragraph (7) below, Coppell will not be
obligated to supply water to any occupied structure or to any uncompleted
portions of the First Phase after issuance of the first CO for any dwelling unit
in the First Phase. It is the express intent of the Parties that the issuance of a
CO for a construction trailer or pump station shall not release COPPELL of
the responsibility to continue to provide interim construction water service
until such time as a CO is issued for the first dwelling unit in the First Phase.
7) Upon issuance of a CO for a dwelling unit in the First Phase or completion of
construction of the First Phase, whichever occurs first, the water main
connection from the Cypress Waters project to the Line shall remain as an
inter-local connection between COPPELL and DALLAS for emergency use.
For purposes of this Supplemental Agreement, emergency use means a
catastrophic failure of the DALLAS or COPPELL water systems where the
Page 4
impact could be minimized by "opening the valve" to allow water to flow
between the two cities. At all other times, the valve will be closed such that no
water can flow between the two cities. Catastrophic failure does not mean the
required water line to be provided by DALLAS to serve the property is
incomplete at the time the first CO for a dwelling unit is issued for any
completed portion of the First Phase. In the event that prior to issuance of a
CO by DALLAS for a dwelling unit within the First Phase COPPELL
reasonably determines that the available capacity in the Line is quired for
one or more new major commercial developments within COPPELL, then
COPPELL shall have the right, upon not less than six months prior written
notice to DALLAS, to require DALLAS to cease using the Line for interim
construction water and to obtain such construction water from other sources.
8) Notwithstanding the foregoing, COPPELL agrees to keep DALLAS
reasonably apprised of any such potential new major commercial
developments which may require such capacity and to provide DALLAS with
as much advance notice thereof as is reasonably possible (but in no event less
than six (6) months prior written notice as aforesaid). COPPELL will
cooperate reasonably with DALLAS regarding any future interlocal
emergency connections that may be needed north of the lake following
completion of additional project infrastructure design.
Page 5
INTERIM WASTEWATER SERVICES
As documented by Freese and Nichols, Inc. in the above referenced report and
addendums, COPPELL currently has a 15" wastewater line in Belt Line Road at
Lakeshore Drive, which flows north to connect to a 30" wastewater line in Denton
Tap Road north of the Cotton Belt Railroad. That 30" wastewater line flows east to a
connection to the Trinity River Authority (TRA) system along Belt Line Road east of
MacArthur Drive. The 15" wastewater line in Belt Line Road at Lakeshore Drive
currently has an available peak wet weather capacity of 1.8 MGD, and the 30"
wastewater line has an available peak wet weather capacity of 2.5 MGD. The priority
use for both of these lines is to accommodate growth and development in COPPELL,
however, the current available capacity may be used by DALLAS, on an interim
basis, to accommodate wastewater flows from initial phases of Cypress Waters
development, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL wastewater
system must be provided to and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction
standards.
3) All permitting and fee requirements of COPPELL shall be followed by
DALLAS.
4) Appropriate metering facilities shall be provided by DALLAS. The metering
facilities shall remain the property of DALLAS.
5) COPPELL shall charge DALLAS the same wastewater rate and associated
charges as charged customers whose property lies within its own areas and
boundaries and who are in the same category of service.
6) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.35 MGD, or when notified
by COPPELL, DALLAS will begin planning and design for a permanent
DALLAS wastewater system which will connect on-site lift station(s) and
Page 6
force main(s) to the above described 30" COPPELL wastewater line, at a
mutually agreed upon location.
7) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.68 MGD, or when notified
by COPPELL, DALLAS will begin construction of a permanent DALLAS
wastewater system which will connect on-site lift station(s) and force main(s)
to the above described 30" COPPELL wastewater line. Once construction of
such connection to the above described 30" COPPELL wastewater line is
complete, the wastewater connection to the above described 15" COPPELL
wastewater line in Belt Line Road shall be removed by DALLAS in
accordance with COPPELL Standard Construction Details.
8) When the peak wet weather measured flow in the above described 30"
COPPELL wastewater line reaches 80% of its capacity, or when notified by
COPPELL, DALLAS will begin planning and design of an extension of the
DALLAS wastewater system of force mains and gravity lines, including the
potential rehabilitation of an existing 33" line along Belt Line Road, to a point
of delivery of DALLAS wastewater flows to a TRA point of delivery near
Bush Turnpike and Belt Line Road. Construction of this line and/or
improvement will be initiated so as to complete construction prior to the flow
in the COPPELL 30" line reaching wet weather peak capacity.
9) Once the wastewater planning, design, and construction measures
contemplated by Paragraphs 6 through 8 above have been completed and
either (i) when the peak wet weather measured flow in the above described
30" COPPELL wastewater line reaches 100% of its capacity, or (ii) when
notified by COPPELL, DALLAS shall: (a) not issue any new building
permits for structures which require sanitary wastewater service through the
COPPELL wastewater system; and (b) within six (6) months have alternate
wastewater service for Cypress Waters and discontinue discharging into the
COPPELL wastewater system.
10)One point of entry into the COPPELL wastewater system from DALLAS is
authorized by this agreement. Any additional points of entry will require
Page 7
approval by COPPELL, acting through its director of public works or other
duly authorized representative.
Page 8
Exhibit E-1
N
o ,QUO- moo
i
S
EXISTING 15'
SEWERJ
SER'.INE
E -NG
WATXIS ER I LINE1T_
•
PROPOSED 12'
WATER LINE
/ 1,ROros=n 1T
!,WATER I,NE
_"'..".PRO1OSF^12'
WATER LINE
PROPOSED 12'
WATC1 LINE
!ROOSTER PUMP STATION
1(5 MOD)
GROI:ND STC RACE TA\K
I PROPOSF0 1R 1(200.000 GAL_OVS)
WATER INS 1 PRESSURE TANK(31,00 1
!GALLONS)
•
•
1.1ROPOSED 10' I PROPOSED 2,.•
WATER I NF 1 WA1 ER LINE
PROPOSED 16'
WATER LINE 'ROPOSTD 24'
WATER PETER
EXISTING 3(Y
WATER ONE
PFIASf , 1_ > �—n Kmley-Horn
A'ATFR AND �,D L f-SS WAX, RS and Associates, Inc.
EXICIII3II WASItWAitR I�ALI.AS, ILXAS
r'� IPIM Dm*Gnus DOM. WIN IMOD Nn(970?3O-INW
Doll.,1oa I'm 15251 No 191O2J0-11120
•
•
i
COUNCIL CHAMBER
12 0952
March 28, 2012
WHEREAS, the City of Coppell currently purchases wholesale treated water from the
City of Dallas, and Dallas currently delivers and sells wholesale treated water to Coppell
as set forth under the terms, covenants, and conditions stated in a Wholesale Treated
Water Contract between the Cities of Dallas and Coppell, dated November 18, 1987;
and,
WHEREAS, Supplemental Agreement No. 1 was executed on June 12, 1992 by
Administrative Action No. 92-2238, to extend the date for the City of Coppell to start
taking water under the Wholesale Treated Water Contract between the Cities of Dallas
and Coppell to May 31, 1995; and,
WHEREAS, on November 9, 1994, the Dallas City Council approved Supplemental
Agreement No. 2 by Resolution No. 94-3991, which added a Reciprocal Water and/or
Wastewater Service Agreement; and,
WHEREAS, the Cypress Waters mixed use development will be built within the city
limits of the City of Dallas at the northeast corner of Lyndon Baines Johnson
Highway/I-635 and South Beltline Road in and around North Lake; and,
WHEREAS, Dallas Water Utilities currently does not have water and wastewater
facilities to provide water and wastewater services to the Cypress Waters mixed use
development; and,
WHEREAS, Dallas and Coppell desire to enter into Supplemental Agreement No. 3 to
provide for Coppell to provide water for construction and fire protection purposes and
interim wastewater services to accommodate wastewater flows from initial phases of
the Cypress Waters development; and,
WHEREAS, the City of Dallas agrees to compensate the City of Coppell for providing
the water and wastewater services; Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1.That the City Manager be and is hereby authorized to enter into
Supplemental Agreement No. 3 to the Wholesale Treated Water Contract with the City
of Coppell to enable the City of Dallas to purchase treated water and wastewater
services from the City of Coppell, after approval of the contract documents by the City
Attorney.
COUNCIL CHAMBER
120952
March 28, 2012
Section 2. That the City Controller is authorized to disburse funds in accordance with
the terms and conditions of the contract from:
FUND DEPT UNIT OBJECT AMOUNT
0100 DWU 7314 2171 $1,000
FUND DEPT UNIT OBJECT AMOUNT
0100 DWU 7321 3084 $510,000
Section 3. That this resolution shall take effect immediately from and after its passage
in accordance with the provisions of the Charter of the City of Dallas and it is
accordingly so resolved.
APPROVED BY
CITY COUNCIL
MAR 2 8 2012
•
City Secretary
STATE OF TEXAS §
§ SUPPLEMENTAL AGREEMENT NO. 3
§ TO TREATED WATER CONTRACT
COUNTY OF DALLAS §
THIS SUPPLEMENTAL AGREEMENT NO. 3 to that certain Wholesale Treated Water
Contract dated November 18, 1987 ("the Contract"), as amended by Supplemental Agreement
Nos. 1 and 2, dated June 12, 1992, and November 9, 1994, respectively, by and between the
CITY OF DALLAS, TEXAS, a Texas municipal corporation, hereinafter called "DALLAS",
and CITY OF COPPELL, TEXAS, a Texas municipal corporation, hereinafter called
"COPPELL", evidences the following:
1. The Contract is amended as follows:
(a) The contract is amended to include Exhibit E governing the provision of interim
construction water service and interim wastewater service concerning the project
referred to as "CYPRESS WATERS" located within the boundaries of DALLAS
and Exhibit E-1 which provides a depiction of the initial development of
"CYPRESS WATERS" (the"First Phase").
(b) Section 13 of the contract is amended to read as follows:
"13.0 SPECIAL PROVISIONS:
Special provisions applicable to this Contract are attached hereto and styled
Exhibits B, C, D, E and E-1. These exhibits are incorporated herein, as if copied
word for word. Exhibit B delineates the delivery facilities. Exhibit C contains
provisions peculiarly applicable to the contract with Customer and supplements
provisions of this standard Contract. Exhibit D contains provisions of the
Reciprocal Water and/or Wastewater Service Agreement. Exhibit E contains
provisions of interim construction water service and interim wastewater service
for the project referred to as "CYPRESS WATERS" located within the
boundaries of DALLAS. Exhibit E-1 provides a depiction of the First Phase of
"CYPRESS WATERS".
Page 1
2. All other terms, provisions, conditions, and obligations of the Contract between
DALLAS and COPPELL shall remain in full force and effect, and said Contract,
as same may have previously been amended, and this Supplemental Agreement
No. 3 shall be construed together as a single contractual agreement.
Executed this day of , 2012,by DALLAS, acting through its
City Manager, duly authorized to execute this agreement by Council Resolution No. 12-0952,
approved on March 28„ 2012, and by COPPELL, acting through its duly authorized officials.
APPROVED AS TO FORM: CITY OF DALLAS
THOMAS P. PERKINS, MARY K. SUHM,
City Attorney City Manager
BY BY
Assistant City Attorney Assistant City Manager
APPROVED AS TO FORM CITY OF COPPELL
BY: BY:
City Attorney City Manager
Page 2
EXHIBIT E
INTERIM WATER SERVICES
COPPELL currently has an existing 12" water line located in Belt Line Road
between IH-635 (LBJ Freeway) and Wrangler Drive, which is generally along the
western boundary of the Cypress Waters proposed development. This line connects
to a COPPELL 16" water line located in Dividend Drive at Belt Line Road. An
analysis of that water network, prepared for COPPELL by Freese and Nichols, Inc,
and documented in a report dated December 31, 2008, with addendum dated February
13, 2009 and April 5, 2011, states that COPPELL currently has the ability to provide
at least 0.75 MGD peak hour flow to Cypress Waters for elevations of up to 550 feet
while maintaining pressures of 40 psi and fire flows up to 1,560 gpm. Therefore, it is
agreed that:
DALLAS may make a connection to the existing 12" or 16" water line (the "Line")
as a source for interim construction water and fire protection during the First Phase
construction on the Cypress Waters property, more particularly described on Exhibit
E-1 attached hereto, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL water
network shall be provided and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction
standards.
3) All permitting and fee requirements of COPPELL shall be followed by
DALLAS.
4) Appropriate metering facilities for the connection of the interim service shall
be provided. The metering facilities shall be conveyed to COPPELL.
5) The water provided under this Supplemental Agreement shall be considered
DALLAS water and the volumes measured through the meter will be
Page 3
deducted from the amounts of DALLAS water sold to COPPELL. The
billings to COPPELL for treated water will be commensurately reduced.
To compensate COPPELL for the use of their mains and for pumpage to
convey the water to this area of DALLAS, DALLAS agrees to pay
COPPELL a wheeling charge. The current wheeling charge i s $0.152
per one thousand gallons. Such charge shall be subject to review every 5
years and adjusted per the consumer price index ("CPI"). The term "CPI"
as referenced herein shall mean the annual average Consumer Price Index
issued by the Bureau of Labor Statistics covering all Urban Consumers for
the Dallas, Fort Worth, Texas region, or if this index ceases to be published,
then a comparable index.
6) The construction water service provided in this Agreement is initially to be
provided during the construction of the First Phase only. Prior to a Certificate
of Occupancy (CO) being issued by DALLAS for any dwelling unit within
the Cypress Waters Development, an on-site DALLAS water supply, separate
from COPPELL, must be provided by DALLAS. The addition of an
operational on-site DALLAS water supply relieves COPPELL of the
responsibility to continue to provide water service during construction of the
First Phase. Except as provided in Paragraph (7) below, Coppell will not be
obligated to supply water to any occupied structure or to any uncompleted
portions of the First Phase after issuance of the first CO for any dwelling unit
in the First Phase. It is the express intent of the Parties that the issuance of a
CO for a construction trailer or pump station shall not release COPPELL of
the responsibility to continue to provide interim construction water service
until such time as a CO is issued for the first dwelling unit in the First Phase.
7) Upon issuance of a CO for a dwelling unit in the First Phase or completion of
construction of the First Phase, whichever occurs first, the water main
connection from the Cypress Waters project to the Line shall remain as an
inter-local connection between COPPELL and DALLAS for emergency use.
For purposes of this Supplemental Agreement, emergency use means a
catastrophic failure of the DALLAS or COPPELL water systems where the
Page 4
impact could be minimized by "opening the valve" to allow water to flow
between the two cities. At all other times,the valve will be closed such that no
water can flow between the two cities. Catastrophic failure does not mean the
required water line to be provided by DALLAS to serve the property is
incomplete at the time the first CO for a dwelling unit is issued for any
completed portion of the First Phase. In the event that prior to issuance of a
CO by DALLAS for a dwelling unit within the First Phase COPPELL
reasonably determines that the available capacity in the Line is required for
one or more new major commercial developments within COPPELL, then
COPPELL shall have the right, upon not less than six months prior written
notice to DALLAS, to require DALLAS to cease using the Line for interim
construction water and to obtain such construction water from other sources.
8) Notwithstanding the foregoing, COPPELL agrees to keep DALLAS
reasonably apprised of any such potential new major commercial
developments which may require such capacity and to provide DALLAS with
as much advance notice thereof as is reasonably possible (but in no event less
than six (6) months prior written notice as aforesaid). COPPELL will
cooperate reasonably with DALLAS regarding any future interlocal
emergency connections that may be needed north of the lake following
completion of additional project infrastructure design.
Page 5
INTERIM WASTEWATER SERVICES
As documented by Freese and Nichols, Inc. in the above referenced report and
addendums, COPPELL currently has a 15" wastewater line in Belt Line Road at
Lakeshore Drive, which flows north to connect to a 30" wastewater line in Denton
Tap Road north of the Cotton Belt Railroad. That 30" wastewater line flows east to a
connection to the Trinity River Authority(TRA) system along Belt Line Road east of
MacArthur Drive. The 15" wastewater line in Belt Line Road at Lakeshore Drive
currently has an available peak wet weather capacity of 1.8 MGD, and the 30"
wastewater line has an available peak wet weather capacity of 2.5 MGD. The priority
use for both of these lines is to accommodate growth and development in COPPELL,
however, the current available capacity may be used by DALLAS, on an interim
basis, to accommodate wastewater flows from initial phases of Cypress Waters
development, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL wastewater
system must be provided to and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction
standards.
3) All permitting and fee requirements of COPPELL shall be followed by
DALLAS.
4) Appropriate metering facilities shall be provided by DALLAS. The metering
facilities shall remain the property of DALLAS.
5) COPPELL shall charge DALLAS the same wastewater rate and associated
charges as charged customers whose property lies within its own areas and
boundaries and who are in the same category of service.
6) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.35 MGD, or when notified
l GLi g cl{Q- ,-
by COPPELL, DALLAS will begin planning and design for a permanent
-7 Q DALLAS wastewater system which will connect on-site lift station(s) and
1S" 55
.3 r Page 6
b nod „h!S w►e-
, -7 — tw, , i
force main(s) to the above described 30" COPPELL wastewater line, at a
mutually agreed upon location.
7) When the peak wet weather wastewater flow into the COPPELL wastewater
J x'`92 system from Cypress Waters equals or exceeds 1.68 MGD, or when notified
(�,�'j� by COPPELL, DALLAS will begin construction of a permanent DALLAS
""-f 0 u`/`
I 5 5
wastewater system which will connect on-site lift station(s) and force main(s)
I, to the above described 30" COPPELL wastewater line. Once construction of
such connection to the above described 30" COPPELL wastewater line is
1.(A o complete, the wastewater connection to the above described 15" COPPELL
wastewater line in Belt Line Road shall be removed by DALLAS in
accordance with COPPELL Standard Construction Details.
8) When the peak wet weather measured flow in the above described 30"
COPPELL wastewater line reaches 80% of its capacity, or when notified by
PA {Q3 COPPELL, DALLAS will begin planning and design of an extension of the
g5
(2 r) 4�Gj DALLAS wastewater system of force mains and gravity lines, including the
4'� potential rehabilitation of an existing 33" line along Belt Line Road,to a point
of delivery of DALLAS wastewater flows to a TRA point of delivery near
Bush Turnpike and Belt Line Road. Construction of this line and/or
improvement will be initiated so as to complete construction prior to the flow
in the COPPELL 30" line reaching wet weather peak capacity.
9) Once the wastewater planning, design, and construction measures
contemplated by Paragraphs 6 through 8 above have been completed and
either (i) when the peak wet weather measured flow in the above described
Tq„5 - -4 30" COPPELL wastewater line reaches 100% of its capacity, or (ii) when
notified by COPPELL, DALLAS shall: (a) not issue any new building
permits for structures which require sanitary wastewater service through the
COPPELL wastewater system; and (b) within six (6) months have alternate
wastewater service for Cypress Waters and discontinue discharging into the
COPPELL wastewater system.
10)One point of entry into the COPPELL wastewater system from DALLAS is
authorized by this agreement. Any additional points of entry will require
Page 7
approval by COPPELL, acting through its director of public works or other
duly authorized representative.
Page 8
Exhibit E-1
N
l (')1
1000 20O(T
VV E �
S
EXISTING 15* f
SANITARY
SEWER LINE
E_ -ING t
WATXISER LINT E
N.
PROPOSED 12'
WATER UNE
PROPE'r)12'
WATPROI VI=
PROPOSED 12'I
WATER LINE
PROPOSED 12'
WATER LINE
ir" ' BOOSTER PUMP STATION
(5 MOO)
—f PROPOSED 18' GROUND STORAGE TANK
(300,000 GALLONS)
WATER UNE i PRESSURE TAM((30000
GALLONS)
!-- E PROPOSED 2a'I
°ROPOSED 18'
.-_ WAT FRINE WATER LINE
.....� _ PROPOSED 16•" __..
7 WATERLINE WATER PROP METER
24.
EXIST:NG 30'
WATER LINE
.,i.
AS SHOWN
II ,•,I,,.nnr. KIIA ❑_� IGmley-Horn
PHASE 1
u,.,wn nr. KHA WATER AND CYPRESS TEXAS
No and Associates, inc
EXHIBIT CbeckPanr KHA DALLAS,TEXAS
El D.ac: /UNE 2011 WASTE WATER i7x.D odn c..+i.d e.•.. so.,enn H'ro, no-„no
Ddb..'..w )51�� o.4n(912)239 ]S]0
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