Cotton Belt-CS041130T RAII N
FAX COVER SHEET
To; George Schrader Fax Number: 972-386-8000
B)Mla
From. DFvfd Ryburn Total Pages. 7
Ditto: Ncvember 20, 200A
Subject: North Lake Propasalilntsr-Local Agreement Irvirg Mailas
George - Attached is Exhibit D to the ii-Ong- Dallas Wholesale Treated Water Caffiact,
if you have any questions please call- me.
Dave
Ph # 972-721-2204122114
UDck�
017A
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Azar U1,11tIB3 Department CBP02946
�aoa P-,ck isiand • irvirg, ',exas :'baffl , '372.721.2281, 2280 lax
000850
CISD 000947
� t
S",r4k-47H Or TEXAS
CGU, M Of DALLAS
J, 537
Th:s A eement mode and entered into by and between the City of Dallas,
hereinafter called 'Dallas ", and the City of ing ng, hereinafter called "irvutg".
. W.1-MREA- S, both Dallas and InLing have requirements from Vine to Bute to
iumish grater a_nde or wastewater service fo each o, er and to each other's customer
along common boundary lines wherein only one city has facilities available; and
WHEREAS, it would be to the economic advantage of Dallas and Irving to
enter into a reciprocal agreement to famish water and /or wastewater service to Each
other an-d,w each others Customers along common boundaries; and
WHEREAS, bath Dallas and Truing are in agreement to provldi�-water and /at
wastewater service to each other and to each other's customers "as long as the
existing facilities have the available capacity to serve or facilities can be provided to
berve;
NOW, 'IHZnFORE, Dallas and Irving, in consideaation of the terms,
covenants, and cor.ditions heroin contained, hereby agree as follows: .
I.
The City of Dallas, Texas, hereinafter called "Dallas" and the City f Irvin
Texas, hereinafter called "Irving,', hereby mutually agree, that whirl mains of
the servicing city are carrentlyy in place, to provide water or wastewater
service to rustome*s along public streets, roadways, alleys and easements
upon Written requE-st of eWhel -W*-6Y w the gu es, provided fl-Mt 3:e,Wha dt ;'7°.::
be re Mired to provide such service to customers of the other city if doing so
would result in a. need for substantial construction or diminution of the Ievel
of servics being provided to other customers of said city_
The class of service contemplated by this Paragraph I anticipates a tempo a
corWection until such time as the city requesting service will have wale: and
wastewater mains available. This category of service requires consideration
on an individual case basis. Determirnation will be rendered upon written
request being made by the city in which the potentia! customer is Imted.
Exhibit D • Page i of 5
LRMIU201
000851
CBP02947
CISD 000948
2.
Ncth:ng co:itain d in this Agreement shall require !hat either city wail be
compelled to ac;:ept a customer classed under this Faragragh 'I after a
determination. by she servicing of that service is riot ecnnami�al or
otherwise not in t e hst interest of the servicins, city.
�. Service will be provided to single fa;rdly residences or dnrplexes - --
situated on no nnare Chan one acre of land located immediately adjacent ti:
the common boundary.
B. The city Ar yid" the Water and or t ,vastewa-ter
,inder I us" aara��n null chi y = rus Omer erve�
$1 - arges as targ tustoznars w osnor
C - Tire custamtr being served wi;l be required to pay a connection, service
charge to the city f ery
furnishing service. The connection service charge shall he
the then currz tt amount established by the servicing City's crdina_nce& If a
service diarge is not specified by the current ordinances for the size or type
service to be provided, the service dnarge &shall be the s+ervl&g city ,q actual
cost for rendering the service.
Dallas and Irving hereby mutually agree to provide temporary water or
wastewater service, or both, to customers along public streets, roadways, alleys
and easements upon written request of either city to the tither, provided that
neither city will be required to provide such seance to - ustomers of the other
city if doing so would result in a need for substantial constriction or
diminution of the level iii service being provided to ot`ier »a; =e;3 ;: &aid
City.
The class cf service contemplated by this Faragraph 2 anti ' ates a temporary -
ronr,e ior. witil such time as the city requestutg sery
ice n w�i ;iaVe water and
wastewater mains available. This category of service r uu consideration
on or, individual case basis. Determinatidn will be rAlered upon written
request being made by the city in which the potential customer is located.
I othing ceniained in this Agreement shall require that either d
be
Cvu�Yra ,a &S?d tinder Paragraph il�i
a
determinaticn by the servicing city tliat 5eriri_e is. not economical or
otherwise not in the best interest of the servicing city.
Al - SerJice will be provided to the fallawi.ng type CJstpme:s whose
F�perties are located immediately adjacent to or at reasonable proxanaty of
h Gammon houndarl:
Exhibit D Page 2 of 5
CBP02948
N
v
000852
CISD 000949
Lit i_i il=S
(1) Single family residences or duplexes wl~er2 maf_rs are nom, in
Place.
iii Individual commercial and industrial PFroperties con,tainirsg no
�'�YT more thart 2001,000 square fret of building iTcor ace, pm -tided that
cammercial or industrial facilities in excess of Ifi}O,IiL4 so;zaaa feet
Wr«urr�ing only nominal amounts of water or contxibuling, o.-Jy
. nominal anotmEs of wastewater may be comidered as an exceptsori to
NS pro 451on.
(3) Specific residential subdivisions comistirg of ntr mare than 20
--ing;e tamilY units and apartm�ant complaxes, townhouses* or other
;- 'Jhpes of niple dSvelling units consisting of no more than 35 sin'siy
family Units in the immediate area for which sQrwice is being
requested.
'D Thy city providing &te water or wastewater service eonternplated =de"
this Parazmu.. sriaii Cnarze trip - amer serve a aaMP ra . a?'i"c, ., Z;
C As a Qrecandltion o+ receiving service, the customer being 'served may
also be required to pay all or Part o =costs determined to'be necespary to_
extend service and. to pay the normal service charges for the rype service being
offered. Appac ability at costs of extending service shalt be determined by the
officials designate? in Paragraph 4.A, of this :agreement. Nc=a; service rests
W-M be determinedd as contemplated by Fara�raph 2.C. ?ill wnstruct$on work
$half mgt the specifications o the city within *'hose boundaries the facilities
are constructed.
When cervices are requested and it is determined by the city from whi&
serJUe is requested that the service is appropriate and can be offered without
dimimstion of the level of service being provided to other customers of the
serving city-, Dallas and Irving hereby .mutually agree to_provlde temporary
water or wastewater service on a reciprocal basis when t the servirs to be
hir:*iuheci is to be provided directly to the reciprocating; city a$ the cuSWW'er
or (.P; the service to be furnished is for a commercial, Industrial, or either _
�'.15C1]i.''I$r S3Gi risc8i "u Cilc •,.i,:2;�0 :v. s�:'•Tcrw s:'•sat?a�•u3enr. > »- �r ,..ice '�
ne class of service contemplated by this Paragraph > shall be offered at the
option of the servicing city. Determination of service feasibility will be
rendered upon written request being shade t v the city requiring service.
Noihing contained in this A eament ahall require that either cry will be
,- ^mppeUed to offer bervice after a determination by the servicing city that
semce is not economical or otherwise not in the best Ynterest of the servicing
City. D
a
a
Exhibit D - Page 3 of 5 CBP02949
000853
CISD 000950
;i:55 UTILITIES 50-
The :Rv previdu:- t';e ;oaten or wastewater service contemplated une,er Ehis
P3ragrap shall urge the cwtorner served the same rate and associated
charges as charged Customers whose property lies within: its own areas and
boundaries.
The city request ng the bervice shalt pay fall cost of any extension, .Facilities .or
urnprow=ents teciuked to make rate service ,available. The Mount of the
cha s shall beetennined by the officials designated in Paragraph 4_A, of
this greement. Arl construction work shall mee± the specifiratiorLs of the city
within whose bc=darics the facilities are comtnicted,
Service will be provided from mains in the public streets, roadways, alleys
and easements ex>~t.ng along. the common "Boundaries of Dallas and frvWg
under the following tgrs an conditions, which shall apply ejually to either
A- Neither party to this Agreement is obligated _ to provide water or
wastewater sei-Oca fo the o*,er party, and each party has the right to refuse to
Provide water or wastewater service, as described in this Agz tnt, to the
other party.
13, es The city requiring services shall initiate the re quest for reCirbcal
servu- by fozwaiding a written request for sennce. T'he request shall be
accom axued by a map which. identifies the location of e proposed
pproperes. Approval of requests for service shall be In w=itir+g and will be!
forwarded or approved by the following:
Par, Cjty of Dam
Director
at OMLU 'Wew LTt buds L set
city 'Hail
M IMAnlia - VaNfldh
Dallas, Texas 75201
For the City of -vine
1)ltrx:t=
City of Truing P'4lic "U'VO4M N ut
as
Irving. Tex 751115 -2288
C. Meter boxes, service H 6, laterals and other facilities necessary inn
grov�id'e service shall, upon installation, become the property of the city
iurnishirg service.
Q. The customer to be served will sip a contractwIth the city fc hint ,
5-rvi ;y ate`' mei— to abide by 0 ,e- ,e .c A = T'.=,y 5yt zY�ir a 4� }� s
furnishing of saki service, " ' ° ' ; - _ =rte
E. The city requ; sting service under this Agreement hereby ants to the
city providiri such se;Vice authorization to go upon the pudic streets,
roadways, al eys and easements of the former city for the purpose of
installing, maintaining and removing such facilities as. are necessary to
provide service.
CBP02950
Exhibit D - Page 4 of 5
000854
CISD 000951
1 "
yW , ,
aJil_iT[ES _ ccr._366:321?3
PiO. r K9;
Trvirg agrees that, witch prior written approval of Srn�in ,Pallas may use
Meets, a`�12 Fs and public rig :his -of- -way within 3rv.n,-,s t)ourd„ries for the
tru; , es detailed u, this Agreement to provide retail water and wasfei�rate�
:e:vtce to Irving or to other customers vrithout charges or tolls, provided titer
Dallas ma the nec sary repairs to restore the stryets, alleys or public nights- -
of -way used to their original condition, Such rise and repairs sha.i-bax _=
pursuant to the term =d conditions of the CotZaeyance or lime Irving duly
grar5ts for alich purposes.
Dallas agrees that, with prior written approval of Dallas, Irving' M. ay use
streets, a le}rs and public rights ot`way within Dallas` boundaries for the
purposes detailed in t%s Agreement to Frovide retail water Alta wa- tewataar
service tD Dallas or to other customers w:thoUt charges Or toils, provided that
Irving malces the necessary repairs to restore the streets alleys or public
rights -of -way used to their original condition. Such usa astd r aus. shalF be.
pursuant to the terns and conditions of a lici:,rise dul i granted by the D4 as
City Council.
F. I.Fat any time the city requestiAg service uncle* iltig Agreement steal:
c�ansiruct a mom capable of pproviding watez r r wastewater serviee to any
custaamer being se.-ved u,-ider the terms of this Agreement, then upon re uect
the city so providing the sr:r�ise shall tanntinatae same; reservinig, the right to
remove its meters and materials from the roperty previously served,
provided, the" customer shall have a reasonable time, not to exceed tine
3nonth, to connect to the new service.
G In the cases where a customer receives water service from one city and
wastewater service from the other, the city furnishirn water service will
provide the Other 1dty with monthly meter readings anti water consumption
uiformation on such Customers and will permit appropriate employees of the
city fumashhig wastewater ser4ce to read and examin.2 t_he meters Servir;g
auch cus#onre s 110 determine 'he accuracy of readings sea F �s ed arsI to
pe'rmii ApFrQpTaa.2 eimpicye'es Or the Ci. i�E 7Sa�.?D �'1 8i'0 1% 3?'i 3#'Td -ce
examine ova #e, consumption records of Such customear, provided that sro
meter shall be removed or adjusted except by the city Furnishtng water
Service.
CLAPA.ay L. AM.rry
It is further mutually agreed by Dallas and Truing that insofar: as the servim
contemplated under LES Agreement an performed by either city within the
iun--Wks c-n of the other city and to $has exmnt only, Dallas and IdVx,& -hemb -
mutualllr agree that the will release, hold haraziess and defend tha other city
from ail darns ai liability which result from damage to property (real or
personal) or peraons arising directly or indirectly from the performance of the
serrates provided for under this Agreemer-It.
This Agreern?nt is to Temaizn in force for the term cal the Contract to w,a
is axtadii. h I
n
L
Fxllihit D - Fagg 5 of 5 CBP02951
0
000855
CISD 000952
11.1-3&,f - ell 1_:St _V "R, ',W:-.EP !T L:
C ONF I P- MRT I ON
TlprE
S-P. -TIME
DISTANT sTi?Tlutq ID
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?P- - LS'
_ FE'�t!LT
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59 72sFt9
CiwL
siv{ ±g {�
CBP02952
000856
CISD' 000953