DWU-CO171109 dallas water utilities
city of dallas
November 9, 2017
Mike Land
City Manager
City of Coppell
255 Parkway Boulevard
Copped, TX 75019
Re: City of Dallas/City of Coppell Treated Water Contract
Dear Mr. Land,
Enclosed for the City of Coppell's official records is one original copy of the fully-executed
Treated Water Contract recently entered into by the City of Dallas. This contract shall
remain in effect for a term of thirty (30) years. This contract was approved by Dallas City
Council Resolution number 17-1681.
The staff of Dallas Water Utilities (DWU) certainly enjoyed working with the City of
Coppeli. We appreciate your assistance and patience in negotiating this contract. We
look forward to continued collaborative cooperation in the future. Should you have any
questions or comments, please do not hesitate to contact me at 214-670-5887.
Sincerely,
/ Owe
Karen E. Menard, MS
Manager, Wholesale Services Division
City of Dallas/Water Utilities Department
Enclosure
Our Vision:To be an efficient provider of superior water and wastewater service and a leader in the water industry.
Wholesale Services • 1500 Marilla, Room 4AS, Dallas,Texas 75201
Telephone: (214)670-5888 • Fax: (214)670-3154
171681
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND
THE CITY OF COPPELL
STATE OF TEXAS §
COUNTY OF DALLAS §
THIS W,JOLESALE TREATED WATER CONTRACT("Contract")is made and entered
into this the 27 day of 0e11710eX. , 2017,by and between the CITY OF DALLAS, a Texas
home rule municipality(hereinafter called"Dallas"), and the CITY OF COPPELL, a Texas home
rule municipality (hereinafter called "Customer").
WHEREAS, Customer currently purchases wholesale treated water from Dallas, and
Dallas currently delivers and sells wholesale treated water to Customer as set forth under the terms,
covenants, and conditions stated in the Current Contract; and
WHEREAS, the Current Contract with Dallas will expire on November 18, 2017; and
WHEREAS, Dallas and Customer desire to enter into a new wholesale treated water
contract; and
NOW, THEREFORE, Dallas and Customer, in consideration of the mutual terms,
covenants, and conditions contained in this Contract, agree as follows:
Article 1. DEFINITIONS
1.1 Definitions. In addition to the definitions stated in the preamble hereof, the following
words and phrases as used in this Contract, unless the context clearly shows otherwise, shall have
the following meanings:
"Convey" means sell, trade, donate, exchange, transfer title or contract therefor.
"Current Contract" means that certain Wholesale Treated Water Contract dated and
effective November 18, 1987 by and between Dallas and Customer.
"Customer's Service Area" means the area within Customer's incorporated limits, as
amended from time to time through annexation or disannexation, and any service area described
now or hereafter for the provision of retail public water service,even if such service area is outside
of Customer's incorporated limits, such service area on the Effective Date being as set forth in
Exhibit"B," attached hereto and incorporated herein by reference.
"Delivery Facilities" means the pipes, valves, meters, and other associated equipment and
appurtenances necessary to connect Dallas' water distribution system to Customer's water
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distribution system at the Delivery Points so that delivery of Treated Water from Dallas to
Customer is made possible.
"Delivery Points" means those locations set forth in Exhibit "C," attached hereto and
incorporated herein by reference, or as may be added to or deleted by agreement of the parties
from time to time, where Dallas' water distribution system connects to Customer's water system
and at which delivery of Treated Water occurs to Customer.
"Demand" means the maximum rate of flow of Treated Water that may be taken by
Customer from Dallas within a Water Year.
"Demand Schedule" means Customer's written estimate of Customer's annual
requirements for delivery and use of Treated Water from Dallas.
"Director" means the Director of Dallas' Department of Water Utilities, or the Director's
designated representative.
"Effective Date" shall mean November 18, 2017.
"Memorandum of Agreement" or"MOA" means that certain Memorandum of Agreement
for Wholesale Treated Water effective June 21, 2010, by and among Dallas, Customer and other
local governmental entities, a copy of which is attached hereto as Exhibit "A," and incorporated
herein by reference.
"TCEQ"means the Texas Commission on Environmental Quality or its successor agency.
"Treated Water" means raw water that has been treated and purified to at least Drinking
Water Standards as required by applicable TCEQ rules and regulations for Public Water Systems,
as amended from time to time.
"TWDB" means the Texas Water Development Board.
"Volume" means the actual amount of Treated Water delivered to Customer's Delivery
Points on a daily basis.
"Water Year"means the period described by applicable ordinance of the City of Dallas, as
may be amended from time to time,which on the Effective Date begins on June Pt of each calendar
year and ends on May 31st of the immediately subsequent calendar year.
Article 2. TERM; TERMINATION OF CURRENT CONTRACT
2.1. Term. This Contract shall remain in full force and effect for a term of thirty (30) years
from November 18, 2017 ("Effective Date")unless terminated earlier as provided herein.
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2.2 Termination of Current Contract. Upon the Effective Date, the Current Contract shall
be null, void, and of no further legal force or effect except as to any provisions that expressly
survive the termination of the Current Contract.
Article 3.WATER SALES
3.1 Sale and Delivery of Treated Water. Dallas agrees to sell and deliver to Customer, on a
wholesale cost basis, Treated Water in accordance with the specifications and restrictions
contained in Article 4 of this Contract and in sufficient quantities to meet Customer's Volume and
Demand requirements as provided in this Contract.
3.2 Limitations on Delivery. Customer understands and acknowledges that delivery of
Treated Water to meet Customer's Volume and Demand requirements is subject to and limited by
available system supply and system deliverability, as reasonably determined by the Director as
well as events of Force Majeure; provided, however, delivery of Treated Water to Customer shall
not be unreasonably withheld or reduced.
3.3 Demand Schedule.Not later than 60 days after the Effective Date,Customer shall provide
to Dallas a Demand Schedule which factors in any reasonably anticipated increases or decreases
in Demand during the term of this Contract. Customer shall either reaffirm or, if necessary, revise
and update the Demand Schedule not later than ninety(90)days prior to the end of the fifth,tenth,
fifteenth, twentieth, and twenty-fifth anniversaries of the Effective Date of this Contract.
Customer shall also either reaffirm or update the Demand Schedule not later than ninety(90)days
following receipt of a written request for same from Dallas.
3.4 Customer Changes in Demand. Customer may from time to time change its Demand as
set forth in the Demand Schedule subject to Section 3.7 below. Except as provided in the Special
Condition contained in Exhibit"D,"Customer shall be required to pay Dallas the Annual Demand
Charge based on Section 3.8.
3.5 Failure to Deliver Demand—Seven Days. If Dallas fails to make available the currently-
established Demand for seven(7)or more consecutive days, the Demand charge for each such day
shall be an amount equal to the maximum rate of delivery of Treated Water for each day in which
full Demand was not met, multiplied by the current Annual Demand charge, then divided by 365,
then multiplied by the number of days the Demand was not met. The Demand is calculated daily
and is not an averaging of the water delivered for those affected days.
3.6 Failure to Deliver Demand—Thirty Days. If Dallas fails to make available to Customer
the currently-established Demand for thirty(30)or more consecutive days,the Demand charge for
that Water Year shall be calculated by using the maximum rate of delivery of Treated Water to
Customer for the days in which the full Demand was not met, multiplied by the current Annual
Demand charge.
3.7 Notice of Demand Changes. Customer shall give reasonable notice to Dallas of
anticipated changes in its Demand. Such notice shall be given not less than six (6) months in
advance of the effective date of the change if the requested change, when considered with other
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Dallas Wholesale Treated Customer requests, does not require the construction of additional
facilities. The Director may waive the six-month notice requirement for good cause shown. If
construction of additional facilities is required,enough additional advance notice shall be given as
is necessary to allow for financing, design, and construction of the needed facilities.
3.8 Year on Which Annual Demand Charge is Based. Except as provided in Sections 3.5
and 3.6,Customer agrees,for each Water Year,to pay annual Demand charges based on the greater
of: (a) the Demand for the current Water Year; or (b) the highest Demand established during the
five(5)Water Years preceding the current Water Year.
Article 4. DELIVERY POINTS AND METERING FACILITIES
4.1 Delivery Point. Dallas agrees to deliver Treated Water sold to Customer for use within
Customer's designated Service Area as identified in Exhibit B, at the Delivery Point(s).
4.2 Cost of Delivery Facilities. Except as set forth in Sections 4.3, 4.4, and 4.5, the cost for
design and construction of all proposed Delivery Facilities, whether designated in Exhibit C or
mutually agreed upon at a later date,shall be borne by Customer.Unless otherwise mutually agreed
to by Dallas and Customer,Customer shall be responsible for the design,contracting,construction,
and financing of Delivery Facilities and for the acquisition of any right-of-way for delivery of
Treated Water from the Dallas water system to the Delivery Points.
4.3 Oversizing of Delivery Facilities. Dallas may elect to oversize a proposed Delivery
Facility for the benefit of Dallas or other parties. If Dallas requires oversizing of a proposed
Delivery Facility, Dallas shall be responsible for oversize costs to the extent of the documented
difference in cost between the size of the Delivery Facility required for Customer's need and the
size of the Delivery Facility specified by Dallas,including,but not limited to,any additional right-
of-way or other temporary or permanent interests in real property that would not otherwise be
required without the oversizing of the Delivery Facility. If Customer decides on its own, and not
at Dallas' request, to oversize delivery facilities, Dallas shall have the right to use any unused
portion of the share of the capacity allocated to Customer for the Customer or other Dallas
customers.
4.4 Approval of Plans: Inspection. All designs, materials, and specifications for Delivery
Facilities shall conform to Dallas' requirements. Plans for the construction of a proposed Delivery
Facility shall be submitted to the Director for written approval prior to advertising for bids for such
construction. Customer agrees that Dallas has the right to make periodic inspections during the
construction phase of the Delivery Facilities. Final acceptance of completed Delivery Facilities is
subject to the written approval of the Director. Dallas agrees that any approval or consent of Dallas
or the Director required by this Section 4.4 shall not be unreasonably withheld or delayed.
4.5 Meters and Meter Vaults. Unless otherwise agreed by the parties, Dallas shall construct
and maintain meter vaults, meters, and all associated facilities, and obtain electric and telephone
service in connection therewith, if needed. Customer agrees to reimburse Dallas for actual design
and construction costs incurred pursuant to this Section 4.5, but only to the extent such costs are
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attributable to services provided to Customer, excluding costs of telemetry equipment, telephone
and electric service.
4.6 Conveyance of Delivery Facilities to Dallas. Customer agrees that after final inspection
by the Director of completed Delivery Facilities, Customer will convey title of those Delivery
Facilities and rights-of-way in conjunction therewith to Dallas. Upon conveyance of title to
Delivery Facilities by appropriate instrument and acceptance by Dallas of those facilities, Dallas
shall own the Delivery Facilities and be responsible for operation and maintenance thereof. In no
event shall Customer be required to transfer to Dallas fee simple title to real property if an easement
in that real property is sufficient to allow Dallas to operate,maintain,repair,replace,or reconstruct
the Delivery Facility.
4.7 Additional Delivery Points. Customer may at any time during the term of this Contract
request additional Delivery Points for delivery of Treated Water under this Contract. The
additional requests may be granted with the approval of the Director and shall, when so approved
in writing, be deemed to be made a part of this Contract, thereby amending Exhibit C of this
Contract without need for a further written supplemental agreement or Dallas City Council
approval.
4.8 Access to Dallas Facilities.Dallas agrees to provide ingress and egress to Dallas' property
located within Dallas' incorporated limits to employees, contractors, and agents of Customer to
install, operate, inspect, test, and maintain facilities and read meters owned or maintained by
Customer; provided, however, Customer's employees, contractors, and agents shall at all times
comply with Dallas' policies regarding security and safety as may be adopted from time to time
by Dallas for the purpose of safeguarding Dallas' public water system and supply.
4.9 Access to Customer Facilities. Customer agrees to provide ingress and egress to
Customer's property located within Customer's incorporated limits to employees,contractors,and
agents of Dallas to install, operate, inspect, test, and maintain facilities and read meters owned or
maintained by Dallas; provided, however, Dallas' employees, contractors, and agents shall at all
times comply with Customer's policies regarding security and safety as may be adopted from time
to time by Customer for the purpose of safeguarding Customer's public water system and supply.
4.10 Accuracy of Meters. It shall be the duty of each party to notify the other party as soon as
reasonably possible after a party obtains information that it believes indicates that a meter used to
measure the delivery of Treated Water under this Contract is registering inaccurately or
malfunctioning. Each meter will be operated and maintained so as to record with commercial
accuracy. Dallas will notify Customer prior to any meter tests. Either party has the right to request
in writing that a meter be tested, with the other party having the right to witness the test. Dallas
shall routinely, but not less than at least once annually, verify the accuracy of delivery meters and
inform the Customer of the results. If Customer requires an independent testing service be used,
Customer shall pay the cost of the testing service if any meter used to measure delivery under this
Contract is found to be accurate. If the meter is found to be inaccurate, Dallas shall pay the cost of
the testing service.
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4.11 Liability; Loss of Water. All liability related to, and all accounting for loss of,all Treated
Water supplied under the terms of this Contract by Dallas to Customer shall belong to Dallas up
to Dallas' side of the meter, including the meter and meter vault, at each Delivery Point. Liability
related to, and all accounting for loss of, all Treated Water shall pass to Customer after the Treated
Water passes through the meter and meter vault to the Customer at each Delivery Point.
Article 5.INSPECTION OF BOOKS AND RECORDS
Dallas agrees that Customer or its employees or agents may have access to and inspect the
books and records of Dallas relating to the delivery and sale of Treated Water to Customer,
including, but not limited to, records relating to charges therefor paid by Customer, during
reasonable business hours after reasonable prior written notice to the Director. Customer agrees
that Dallas or its employees or agents may have access to and inspect the books and records of the
Customer's Water Utilities relating to the receipt and resale of Treated Water to its end user
customers during reasonable business hours and after reasonable prior written notice to Customer's
City Manager.
Article 6. ADDITIONAL SURFACE WATER SUPPLIES
6.1 New Water Source; Reduce Demand Obligation. If Customer develops or acquires
additional surface water supplies from any source other than Dallas, and Customer's reliance on
such additional surface water supplies results in reduced Demand from Dallas, Dallas is released
from its obligation to supply the Demand established pursuant to Section 3 of this Contract to the
extent of such reduction in Customer's Demand. In this event, Dallas may adjust its supply
obligation to levels commensurate with Customer's reduced Demand on Dallas.
6.2 Payment for Reduction of Demand. Except as the result of a reduction in Demand as
agreed pursuant to Article 3 of this Contract, if during the term of this Contract, Customer ceases
(wholly or in part) to take water from Dallas for any reason, Customer shall for five (5) years or
the balance of this Contract, whichever is less, remain liable for Demand charges at the billing
level in effect at the date of notification of such partial or total cessation. This obligation, once
established, shall serve as liquidated damages and is intended to compensate Dallas for the
expenditures incurred on Customer's behalf for the cost of installation of supply, transmission,
treatment, delivery and service facilities. Provided, however, Dallas may waive Customer's
obligation pursuant to this Section 6.2 in the event of nominal reductions based on Customer's
plans if Dallas has received prior notice of the plans and concurred in the reduction. It is agreed
by the parties that liquidated damages are a reasonable substitute for compensatory damages which
are difficult or impossible to calculate herein. This obligation is intended by the parties not to be a
penalty, but instead, a reasonable measure of damages.
Article 7.RATES AND PAYMENT
7.1 Setting of Charges by Dallas Ordinance. Rates charged Customer, including Demand
charges established herein, shall be established by ordinance of Dallas. The capital costs
contributed by the Customer for Delivery Facilities shall be excluded from the rate base.
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7.2 Rate Setting Method; Notice of Change. Customer understands that the Dallas City
Council has the right to change,by ordinance, the rates charged as needed to cover all reasonable,
actual and expected costs. Any change of rates shall be pursuant to principles set forth in the
Memorandum of Agreement. Dallas shall give Customer a minimum of six (6) months written
notice of intent to change rates. Dallas will furnish Customer a draft copy of the Cost of Service
Study for Proposed Rates thirty (30) days prior to Dallas submitting a rate increase request to its
City Council.
7.3 Customer Protest. Customer agrees to give Dallas a minimum of thirty(30) days' notice
of its intent to protest rates, or any other condition of service, before the TCEQ or any other state
agency.
7.4 Monthly Invoice. Each month during the term of this Contract, Dallas agrees to deliver to
Customer a statement of charges setting forth the amount of Treated Water delivered to Customer
through the Delivery Points for the period covered by the statement, the Volume charge for that
month, and any past due amounts carried over from prior invoices (including accrued interest)
("the Monthly Statement"). Payment is due upon receipt of the Monthly Statement. Customer
agrees to pay promptly. The Demand charge shall be billed on the Monthly Statement.
7.5 Late Payment. Customer agrees that a payment is deemed late if received by Dallas more
than 30 days after the date of the Monthly Statement. Late payments shall accrue interest at a
4.25% interest rate or as provided in Section 2-1.1 of the Dallas City Code, as amended, or as
authorized by Ch. 2251, Subchapter B of the Texas Government Code, as amended, whichever
applies. If any money due and owing by Customer to Dallas is placed with an attorney for
collection, Customer agrees to pay to Dallas,in addition to all other payments provided for by this
Contract, including interest, Dallas' collection expenses, including court costs and reasonable
attorney's fees.
7.6 Malfunctioning Meter; Estimated Payments. In the event a meter(s)is discovered to be
malfunctioning, the amount of Treated Water that has passed through the meter will be estimated
for each day the meter was not functioning correctly. The last correctly measured monthly
consumption will be used as a basis for computing the amount of Treated Water delivered to the
Customer during the time the meter was not functioning correctly or other method mutually agreed
between Dallas and Customer in writing by the Director and Customer.
7.7 Disputed Charges. Dallas and Customer agree that any disputed charges on the Monthly
Statement shall be protested in accordance with Tex. Govt. Code § 2251.042, as amended.
Customer agrees that in the event it disputes any portion of the charges on the Monthly Statement,
Customer will timely pay any undisputed amount in accordance with Section 7.4.
Article 8. CURTAILMENT,WATER CONSERVATION,
AND DROUGHT CONTINGENCY PLANS
8.1 Dallas Curtailment of Water During Water Shortage. During a water shortage,
Customer understands and acknowledges the Treated Water being provided by Dallas under this
Contract is subject to curtailment in accordance with Texas Water Code § 11.039, "Distribution of
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Water During Shortage," Dallas' water rights, and Dallas' Drought Contingency Plan. Customer
acknowledges that if water supplies or services are curtailed within Dallas, that provision of the
Texas Water Code authorizes Dallas to impose a like curtailment on deliveries to Customer.
Customer shall cooperate by imposing conservation or other lawful measures upon its sales of
Treated Water to its end user customers.
8.2 Customer Water Conservation and Drought Contingency Plan. Customer agrees to
institute and maintain usage practices which ensure water is used in a manner that reduces the
consumption of water, prevents or reduces the loss of water, avoids the waste of water, improves
the efficiency in the use of water, increases the recycling and reuse of water and prevents the
pollution of water, so that a water supply is made available for future or alternative uses. Customer
agrees to develop and implement water conservation and drought contingency plans consistent
with the applicable elements of Title 30, Texas Administrative Code, Chapter 288, "Water
Conservation Plans,Drought Contingency Plans,Guidelines and Requirements."Customer agrees
to furnish to Dallas electronic copies of its water conservation and drought contingency plans and
associated TCEQ and TWDB implementation reports.
8.3 Receipt of Dallas Plans. Customer acknowledges that Dallas has provided a copy of its
current Water Conservation Plan and Drought Contingency Plan and has advised Customer of
where to locate copies of plan updates.
8.4 No Discrimination in Curtailments. To the extent Dallas imposes restrictions or grants
privileges of general applicability to itself and customer cities, including rules relating to the
curtailment of water delivery and availability, Dallas agrees to impose such restrictions and grant
such privileges equitably and in a non-discriminatory fashion.
Article 9. RESALE,WATER RIGHTS,AND REUSE
9.1 No Resale Outside Service Area. Customer agrees not to sell Treated Water purchased
from Dallas to any person or entity outside Customer's Service Area unless Customer has received
prior written approval from the Director. In granting such authorization, Dallas may establish the
terms and conditions of the conveyance of such Treated Water including, but not restricted to, the
setting of monetary rates for sale of such water.
9.2 Resale Customers to Adopt Water Conservation and Drought Contingency Plans. In
consideration of the written approval of the resale of Treated Water,if so granted,Customer agrees
that the wholesale water supply contract with each successive wholesale customer to whom
Treated Water is resold must contain a provision requiring said customer to develop and implement
a water conservation plan or water conservation measures consistent with the requirements of
Section 8.2.
9.3. Rights to Water and Return Flows. Customer understands, acknowledges, and agrees
that Customer shall acquire no water rights or title or right to the use, reuse, or recycling of water
generated as the result of Dallas' sale and delivery of Treated Water to Customer pursuant to this
Contract. Dallas makes no claim and asserts no water rights related to the wastewater effluent
return flows produced by Customer as a result of Customer's water use under this Contract, it
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being expressly understood and agreed to that Customer is not prohibited by this Contract from
treating, using or selling such wastewater effluent return flows in accordance with applicable law
and TCEQ regulations.
Article 10. RIGHTS-OF-WAY AND STREET USE
10.1 Provision of Easements. Customer agrees to furnish any easements or rights-of-way
necessary within or without Customer's boundaries reasonably necessary for Dallas to deliver
Treated Water to Customer as provided in Article 4, hereof, and to convey such easements or
rights-of-way to Dallas as therein provided.
10.2 Use of Customer Streets,Alleys,and Easements. Under normal operations, subject to
the prior written approval of Customer, Dallas may use Customer's streets, alleys and other
public rights-of-way and public utility easements within Customer's boundaries for pipeline
purposes to provide Treated Water to Customer or to other customers without charges or tolls to
the extent that Customer has the legal right to make such grant. Under emergency conditions,
Dallas may gain immediate access, without prior written approval of Customer, for emergency
repairs. Dallas will notify Customer as soon as possible following the emergency. Dallas agrees
to make, at Dallas' cost, the necessary repairs to restore the streets, alleys or public rights-of-way
used in accordance with Customer's then existing specifications for such work. Such use and
repairs shall be pursuant to the terms and conditions of the conveyance Customer duly grants for
such purposes.
10.3 Use of Dallas Streets, Alleys, and Easements. Under normal operations, subject to the
prior written approval of Dallas, Customer may use Dallas' streets, alleys and other public rights-
of-way and public utility easements within Dallas' boundaries for pipeline purposes to provide
Treated Water to Customer without charges or tolls to the extent that Dallas has the legal right to
make such grant. Under emergency conditions, Customer may gain immediate access, without
written approval of Dallas,for emergency repairs. Customer will notify Dallas as soon as possible
following the emergency. Customer agrees to make, at Customer's cost, the necessary repairs to
restore the streets, alleys or public rights-of-way used in accordance with Dallas' then existing
specifications for such work. Such use and repairs shall be pursuant to the terms and conditions of
a private license duly granted by the Dallas City Council.
Article 11. CUSTOMER SYSTEM OPERATION STANDARDS
Customer agrees to operate its water distribution system subject to the following:
A. Customer shall protect Customer's storage and distribution system from cross connections
under the specifications required by health standards of the State of Texas.
B. Customer agrees to provide air gaps for any ground storage and backflow preventers for
any elevated storage.
C. Customer agrees to provide internal storage sufficient to meet its emergency needs and to
maintain a reasonable load factor for deliveries from Dallas to Customer.
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D. Customer agrees to maintain and operate its internal system in compliance with all local,
state, and federal laws and regulations.
Article 12. MEMORANDUM OF AGREEMENT
The Memorandum of Agreement is incorporated herein, as if copied word for word and is
made a part of this Contract. Any revision of the Memorandum of Agreement according to its
terms and not in conflict herewith shall automatically be incorporated into and become a part of
this Contract.
Article 13. FORCE MAJEURE; RELEASE; INDEMNITY
13.1 Force Majeure. Neither party shall be liable to the other party for any failure, delay, or
interruption in the performance of any of the terms, covenants, or conditions of this Contract due
to causes beyond their respective control or because of applicable law, including, but not limited
to,war,nuclear disaster,strikes,boycotts,labor disputes,embargoes,acts of God,acts of the public
enemy,acts of superior governmental authority,floods,riots,rebellion,sabotage,terrorism,or any
other circumstance for which a party is not legally responsible or which is not reasonably within
its power to control. The affected party's obligation shall be suspended during the continuance of
the inability then claimed,but for no longer period.To the extent possible,the party shall endeavor
to remove or overcome the inability claimed with all reasonable dispatch.
13.2 Release for Line Damages. CUSTOMER HEREBY AGREES TO RELEASE AND
HOLD DALLAS WHOLE AND HARMLESS FROM ANY CLAIMS OR DAMAGES
ARISING NOW AND IN THE FUTURE: (1) TO CUSTOMER'S WATER MAINS OR
WATER SYSTEM RESULTING FROM THE RATE OF FLOW OR QUANTITY OF
WATER DELIVERED BY DALLAS; AND (2) AS A RESULT OF THE CHEMICAL OR
BACTERIOLOGICAL CONTENT OF WATER PROVIDED TO CUSTOMER, UNLESS
THE DAMAGES RESULTING FROM THE CHEMICAL OR BACTERIOLOGICAL
CONTENT OF THE WATER ARE CAUSED BY THE NEGLIGENT ACT OR OMISSION
OF DALLAS,ITS OFFICERS,EMPLOYEES,AGENTS,OR CONTRACTORS.
13.3 Indemnification. TO THE EXTENT ALLOWED BY LAW, CUSTOMER AGREES
TO DEFEND, INDEMNIFY AND HOLD DALLAS, ITS OFFICERS, AGENTS AND
EMPLOYEES, HARMLESS FROM ANY LIABILITY IN CLAIMS, ADMINISTRATIVE
PROCEEDINGS OR LAWSUITS FOR JUDGMENTS, PENALTIES, FINES, COSTS,
EXPENSES AND ATTORNEY'S FEES FOR PERSONAL INJURY (INCLUDING
DEATH), PROPERTY DAMAGE, OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, OR FOR
VIOLATIONS OF STATE OR FEDERAL LAWS OR REGULATIONS, THAT MAY
ARISE OUT OF OR BE OCCASIONED BY: (A) A BREACH OF THIS CONTRACT BY
CUSTOMER; (B) THE NEGLIGENT ACT OR OMISSION OF CUSTOMER IN THE
PERFORMANCE OF THIS CONTRACT OR IN CUSTOMER'S DAY-TO-DAY WATER
OR WASTEWATER UTILITY OPERATIONS;OR(C)THE CONDUCT OF CUSTOMER
THAT CONSTITUTES A VIOLATION OF STATE OR FEDERAL LAWS OR
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REGULATIONS.PROVIDED,HOWEVER,THAT THE INDEMNITY STATED ABOVE
SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM DALLAS' SOLE
VIOLATION OF A STATE OR FEDERAL LAW OR REGULATION OR FROM THE
SOLE NEGLIGENCE OF DALLAS, ITS OFFICERS, AGENTS, EMPLOYEES OR
SEPARATE CONTRACTORS, AND IN THE EVENT OF THE JOINT AND
CONCURRING RESPONSIBILITY OF CUSTOMER AND DALLAS,RESPONSIBILITY
AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,WITHOUT WAIVING
GOVERNMENTAL IMMUNITY OR ANY OTHER DEFENSES OF THE PARTIES
UNDER APPLICABLE TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE
SOLELY FOR THE BENEFIT OF THE PARTIES TO THIS CONTRACT AND ARE NOT
INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE,TO ANY OTHER PERSON OR ENTITY.
13.4 Equitable Remedies. Recognizing that Dallas' and Customer's undertakings as provided
in this Contract are obligations, the failure in the performance of which cannot be adequately
compensated in money damages, Dallas and Customer agree that, in the event of any default, the
other party shall have available to it the equitable remedy of specific performance in addition to
other legal or equitable remedies which may be available to such party.
Article 14. SPECIAL PROVISIONS
This Contract shall incorporate and be subject to the following additional special
provisions:
A. Provisions peculiarly applicable to the Contract with Customer as opposed to other
wholesale treated water customers, which are set forth in Exhibit "D," attached
hereto and incorporated herein by reference.
Article 15. MISCELLANEOUS PROVISIONS
15.1. Contract Administration. This Contract shall be administered on behalf of Dallas by the
Director and on behalf of Customer by its authorized official or designated representative, who
shall initially be Customer's City Manager.
15.2 Notice of Contract Claim. This Contract is subject to the provisions of Section 2-86 of
the Dallas City Code,as amended, relating to requirements for filing a notice of a breach of
contract claim against City. Section 2-86 of the Dallas City Code, as amended, is expressly
incorporated by reference and made a part of this Contract as if written word for word in
this Contract. Customer shall comply with the requirements of this ordinance as a
precondition of any claim relating to this Contract, in addition to all other requirements in
this Contract related to claims and notice of claims.
15.3 Venue. The obligations of the parties to this Contract shall be performable in Dallas
County, Texas, and if legal action is necessary in connection with or to enforce rights under this
Contract, exclusive venue shall lie in Dallas County, Texas.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL-PAGE 11 OF 15
171681
15.4 Governing Law. This Contract shall be governed by and construed in accordance with the
laws and court decisions of the State of Texas, without regard to conflict of law or choice of law
principles of any other state.
15.5 Legal Construction. In case any one or more of the provisions contained in this Contract
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality,or unenforceability shall not affect any other provision of this Contract,and this Contract
shall be considered as if such invalid,illegal,or unenforceable provision had never been contained
in this Contract.
15.6 Counterparts. This Contract may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument. If this Contract is
executed in counterparts, then it shall become fully executed only as of the execution of the last
such counterpart called for by the terms of this Contract to be executed.
15.7 Captions. The captions to the various clauses of this Contract are for informational
purposes only and shall not alter the substance of the terms and conditions of this Contract.
15.8 Successors and Assigns. This Contract shall be binding upon and inure to the benefit of
the parties and their respective successors and, except as may otherwise be provided in this
Contract, their assigns.
15.9 Notices. Except as otherwise provided in Section 15.2, any notice, payment, statement, or
Demand required or permitted to be given under this Contract by either party to the other may be
effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be
addressed to the parties at the addresses appearing below, but each party may change its address
by written notice in accordance with this section. Mailed notices shall be deemed communicated
as of three (3)days after mailing.
If to Dallas: If to Customer:
City of Dallas City of Coppell
Director of Water Utilities Attn: City Manager
1500 Marilla Street—4/A/North P.O. Box 9478
Dallas, Texas75201 Coppell, Texas 75019
15.10 Conflict of Interest. The following section of the Charter of the City of Dallas shall be
one of the conditions, and a part of, the consideration of this Contract, to wit:
"CHAPTER XXII. Sec. 11. FINANCIAL INTEREST OF EMPLOYEE
OR OFFICER PROHIBITED --
(a) No officer or employee shall have any financial interest, direct or
indirect, in any contract with the City or be financially interested, directly or
indirectly, in the sale to the City of any land, materials, supplies or services,except
on behalf of the City as an officer or employee. Any violation of this section shall
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL-PAGE 12 OF 15
171681
constitute malfeasance in office, and any officer or employee guilty thereof shall
thereby forfeit the officer's or employee's office or position with the City. Any
violation of this section, with knowledge, express or implied, of the person or
corporation contracting with the City shall render the contract involved voidable by
the City Manager or the City Council.
(b) The alleged violations of this section shall be matters to be
determined either by the Trial Board in the case of employees who have the right
to appeal to the Trial Board,and by the City Council in the case of other employees.
(c) The prohibitions of this section shall not apply to the participation
by City employees in federally-funded housing programs, to the extent permitted
by applicable federal or state law."
For purposes of this Section 15.10, the word"City"means "City of Dallas."
15.11 Gift to Public Servant. This Contract shall be subject to the following additional
provisions:
A. Dallas may terminate this Contract immediately if Customer has offered, or agreed
to confer any benefit upon a Dallas employee or official that the Dallas employee or official
is prohibited by state law or local ordinance from accepting.
B. For purposes of this section, "benefit" means anything reasonably regarded as
pecuniary gain or pecuniary advantage, including benefit to any other person in whose
welfare the beneficiary has a direct or substantial interest, but does not include a
contribution or expenditure made and reported in accordance with law.
C Notwithstanding any other legal remedies,Dallas may require Customer to remove
any officer or employee of Customer from the administration of this Contract or any role
in the performance of this Contract who has violated the restrictions of this section or any
similar state or federal law, or local ordinance, and obtain reimbursement for any
expenditures made as a result of the improper offer, agreement to confer, or conferring of
a benefit to a Dallas employee or official.
15.12 Applicable Laws and Regulations. This Contract is made subject to, and Dallas and
Customer agree to comply with, all applicable laws of the State of Texas, applicable rules,
regulations and orders of the TCEQ and Texas Water Development Board (TWDB) (or any
successor entities thereto), Federal Law (including but not limited to environmental and water
quality laws, rules, orders, and regulations), and the Charter and other ordinances of the City of
Dallas and the Dallas/Fort Worth International Airport Board, as same may hereafter be amended.
This Contract's effectiveness is dependent upon Dallas' and Customer's compliance with Title 30,
Texas Administrative Code, Section 295.101 and Title 30, Texas Administrative Code, Chapter
297, Subchapter J(relating to water supply contracts and amendments),as amended.This Contract
may be subject to review and approval by TCEQ or TWDB. In the event of any final judgment
finding any violation of the laws, rules, regulations, or orders by Customer described above,
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL-PAGE 13 OF 15
17 ] 6b I
Customer, shall be strictly liable for any damages caused to the property of Dallas, as a result of
such violation.
15.13 Authorization to Act. By their signature below, the representatives of Dallas and
Customer state that they are authorized to enter into this Contract. Dallas and Customer shall each
provide documentation that this Contract has been authorized by its respective governing body.
15.14 Entire Agreement; No Oral Modifications. This Contract (with all referenced Exhibits,
attachments, and provisions incorporated by reference) embodies the entire agreement of both
parties, superseding all oral or written previous and contemporary agreements between the parties
relating to matters set forth in this Contract. Except as otherwise provided elsewhere in this
Contract, this Contract cannot be modified without written supplemental agreement executed by
both parties.
[Remainder of this page intentionally left blank. Signatures appear on the following page.]
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL-PAGE 14 OF 15
1716 8 1
EXECUTED this the Zfday of aiiDbe'N( , 2017, by the City of Dallas,1/14),
igning by and
through its City Manager, duly authorized to execute same by Resolution No.17- adopted
by the City Council on 00061-,ker, 2017, and by Customer, acting through its duly authorized
officials.
APPROVED AS TO FORM: CITY OF DALLAS
LARRY E. CASTO T.C.BROADNAX
City Attorney City Mana: • map
BY
Assi rnt City Attorney Assistant City Manager
MajedA.AGG(ucfry
ATTEST: CUSTO ER:
CITY • C• 'PELL i
B B , %1/►.. did
Town /
retary Mayor
APPROVED AS TO FORM:
441A//d/
BY /, •
City A ,fey
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL-PAGE 15 OF 15
171681
EXHIBIT A
MEMORANDUM OF AGREEMENT
Memorandum of Agreement(MOA)
for
Wholesale Treated Water
Preamble: The 1979 MOA settled a rate dispute lawsuit between Dallas and its
Wholesale Treated Water Customers regarding the wholesale treated water rate-setting
methodology ("rate-setting methodology"), and as such has served the rate-setting
methodology process well over the past 30 years. This amended agreement recognizes
that changes to the rate-setting methodology have occurred over this timeframe, and
incorporates consensus changes between Dallas and its Wholesale Treated Water
Customers, and as such will serve to govern the rate-setting methodology for the next 30
years.
1. Purpose: Dallas is a regional water provider currently providing treated water service
to Wholesale Treated Water Customers located within Dallas' established service area
in North Central Texas. The purpose of this agreement is to establish the rate-setting
methodology and formalize the mutual expectations of Dallas and its Wholesale
Treated Water Customers with respect to rate-setting methodology. This rate-setting
methodology will provide the basis for determining wholesale treated water rates after
its effective date.
2. Applicability: This agreement is subject to all applicable orders, laws and regulations
of the City of Dallas, State of Texas and the United States. If any state or federal
governmental agency having jurisdiction disapproves any material part of this
agreement during the term, the agreement is subject to cancellation by any party and
renegotiation by Dallas and its Wholesale Treated Water Customers.
3. Water System Policy: Dallas operates a water system to provide a regulatory
compliant, safe and reliable water supply, adequate for the current water use and
future growth of Dallas and its Wholesale Treated Water Customers, and to avoid
subsidization of any class of customers.
4. Definitions: A glossary which defines applicable cost of service terms is located in
Appendix A of this MOA. Cost of service terms may be added, or the definition of an
existing term amended, from time to time, without the necessity of amending this
MOA. Additions and amendments will be reflected in the appendices attached to the
annual cost of service studies.
5. Responsibilities:
a. Dallas is responsible for planning, financing, constructing, operating and
maintaining the water supply system to the extent permitted by available water
revenues, for developing cost of service information to support wholesale rate
changes, and for informing Wholesale Treated Water Customers of wholesale
rate changes and other pertinent utility information.
Page 1 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 1 of 9
171681
b. Wholesale Treated Water Customers are responsible for keeping Dallas
informed concerning their projected water supply needs and operating
requirements for planning, managing and maintaining their retail systems to
promote water conservation and efficient system operation, and for paying
adequate rates to Dallas to cover the costs incurred by Dallas in providing
service to them.
6. Rate-Setting Methodology for Wholesale Treated Water:
a. Revenue requirements are to be determined on a utility basis, at original cost,
including construction work in progress.
b. Dallas is to receive a rate of return on rate base equal to embedded interest
rate on water revenue bonds, commercial paper and other debt instruments
plus 1.5 percent, which is agreed to be an adequate return to cover its costs
and risks and as compensation for ownership and management responsibilities.
c. All existing and future water supplies and associated facilities are to be
included in a common water rate base. Wholesale Treated Water Customers,
as a class, shall pay their proportionate share of costs for water supply,
including that portion held for future use. For the 2010 cost of service study,
wholesale treated water customers shall be allocated a percentage of total
reservoir costs based on a 10-year future use percentage calculated using a
24-year linear regression. This percentage shall be increased or decreased in
direct proportion to future changes in actual usage in conjunction with the cost
of service studies. (Dallas will pay the balance of water supply costs which are
not allocated to Wholesale Treated Water Customers under the cost of service
allocation.) Allocation of costs other than water supply costs, including but not
limited to operations and maintenance costs, shall be based on current use.
d. Direct reuse of treated wastewater effluent is an Inside Dallas only cost and will
be allocated to Inside Dallas customers only. Indirect reuse of treated
wastewater effluent for lake augmentation will be included as a cost and as a
benefit common-to-all.
e. There will be a two part wholesale treated water rate (volume and demand),
with allocation of costs in rate design so as to encourage conservation and
efficient operation of the water systems of Dallas and its Wholesale Treated
Water Customers.
f. At the end of ten years from the Effective Date of the MOA, and each ten years
thereafter, the City of Dallas or a majority of the Wholesale Treated Water
Customers who are parties to this agreement may request a review of the
above rate-setting methodology; and if so, the methodology shall be subject to
renegotiation.
Page 2 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 2 of 9
171681
7. Wholesale Treated Water Rates: After the effective date of this MOA, Dallas will
prepare a cost of service study to support wholesale treated water rates and
allocations, and will submit it to the Wholesale Treated Water Customers to review
and accept prior to submission to the Dallas City Council. Except as noted herein, the
cost of service rate-setting principles will adhere to the 2009 cost of service study,
including changes that have been identified and implemented since that date.
8. Effective Date: This MOA is effective as of December 17, 2009.
9. Term: The term of this MOA is thirty (30) years from its effective date, or until
December 16, 2039, and for such additional periods as the parties may mutually agree
upon.
10.Approved changes: Changes in the rate-setting methodology or other conditions may
be made by mutual agreement of all parties at any time.
11.Individual contracts: This MOA is considered a replacement of and supersedes the
1979 MOA and shall automatically be incorporated and become a part of all existing
wholesale treated water contracts without any further action or approval on the part of
the City or of the Wholesale Treated Water Customers. Rate-setting methodology for
individual contracts for wholesale treated water service between Dallas and its
Wholesale Treated Water Customers will be consistent with this MOA. Dallas and its
Wholesale Treated Water Customers will honor their existing water service contracts
until such time as the contracts are amended or superseded by a new contract.
Contracts for new Wholesale Treated Water Customers will be consistent with this
MOA.
12.Recognition of MOA Participants: The MOA renegotiation process took place over
many months during 2009 and 2010 and involved a number of meetings to discuss
possible changes, revisions, and alternatives to the existing MOA. To that end, the
City of Dallas would like to thank the individuals listed below for their outstanding input
and contributions in the MOA update and renegotiation process, without whose help
this revised document would not have been possible. Participants are listed in
attached Appendix B.
13.Authorization to Act: By their signatures below, the representatives of Dallas and the
Wholesale Treated Water Customers state that they are authorized to enter into this
MOA. Dallas and the Wholesale Treated Water Customers will each provide
documentation that this MOA has been authorized by its respective governing body.
14.Counterparts: This MOA may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
Page 3of31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 3 of 9
17168 1
EXECUTED as of the / ' day of tuJ7e„ , 2010, on behalf of Dallas by its City
Manager, duly authorized by Resolution No. /O-/23/, adopted on the /2407 day of
/")')cry , 2010 and approved as to form by its City Attorney.
APPROVED AS TO FORM: CITY OF DALLAS
THOMAS P. PERKINS, JR. MARY K. SUHM
City Attorney City Manager
F
.n
BY
Assistant City Attorneyitt� City Attorney A istant City Manager
Page 4 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 4 of 9
171681
EXECUTED as of the /3.-day o4__ _ . 2010, on behalf of the City of Coppelt,
Texas, by its City nager, duly .prized r Resolution No.Dj&-Q'/3,/adopted on
the qday of _ , ! I and a*proved as to form by its Attorney.
AGREED AS TO FORM: CITY OF COPPELL, TEXAS
r-,
BY i#'/J' % BY
City Att•J ey Cla hillips, City Manager
ATTEST:
Br �/ , i
Li•by Ball, ► y ecretaary— "
ir
Page 10 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 5 of 9
111681
APPENDIX A
GLOSSARY OF TERMS
Allocation - The apportioning of the common-to-all cost of service.
Common-To-All - Facilities, and their associated cost, that are dedicated to providing
treated water service to both Dallas and Wholesale Treated Water Customers.
Construction Work in Progress (CWIP) - The utility's investment in facilities under
construction but not yet dedicated to service.
Demand Costs - Costs associated with providing facilities to meet peak rates of use, or
demand, placed on the system by the customers.
Depreciation - The wearing out or loss in service value of property used in utility
operations.
Depreciation Rate - The rate of loss in service value, based on the expected service life
of property.
Depreciation Reserve - The accumulated amount of the loss in service value of property.
Direct Reuse —The use of treated wastewater effluent from Dallas' wastewater treatment
plants for non-drinking water purposes within the boundaries of the City of Dallas.
Embedded Interest Rate - Annual interest expense expressed as a percentage of
average debt.
Indirect Reuse — The use of treated wastewater effluent from Dallas' wastewater
treatment plants for raw water supply augmentation purposes.
Inside Dallas - The group of retail treated water service customers, comprised of
residential, commercial and industrial customers served by Dallas Water Utilities.
Interest Expense - Payment made for the use of borrowed funds.
Materials & Supplies — Assets in inventory which are required to meet current
obligations and service responsibilities of the utility.
Maximum Day Demand - The maximum demand placed on the system over a 24-hour
period.
Maximum Hour Demand - The maximum demand placed on the system over a
60-minute period on the system's maximum day.
MGD - Million gallons per day flow rate.
Operating Expenses - Operation and maintenance charges incurred in operating a
utility.
Page 28 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL.—EXHIBIT A—Page 6 of 9
171681
APPENDIX A
GLOSSARY OF TERMS
(PAGE 2 OF 2)
Original Cost- The amount of investment in facilities when first put into service.
Rate Base - Total investment dedicated to providing utility service.
Rate of Return - The percentage of return authorized to be earned on an investment
(e.g. a rate base).
Reservoir Capacity- The amount of water available from a reservoir.
Reservoir Costs - Costs incurred in acquiring and maintaining an untreated water supply
system.
ROFC - Rate of flow controller. A device limiting instantaneous flow rate to a specific
amount. Instantaneous flow rate for rate setting purposes is a per day setting.
Standby Service - Connection to wholesale treated water customer which is not normally
used, excluding bypass lines which are required by Dallas Water Utilities as a part of an
active metering facility.
Test Period (or Test Year) - Selected to be representative of the period of time over
which the new rates are expected to be in effect.
Treated Water- Raw water that has passed the purification process.
Unaccounted for Water - Water produced but not billed to customers that result from
metering inaccuracies, system leakage, and miscellaneous unmetered uses.
Volume Costs - Costs that tend to vary directly with the amount of water produced and
sold.
Water Supplies and Associated Facilities — Dallas' water supply system, including, but
not limited to, all reservoirs, indirect reuse water, and all system infrastructure.
Wholesale Cost of Service - The sum total of: (1) operating expense, (2) depreciation
expense, and (3) return on investment. Depreciation expense and rate of return are on
the original cost of investment less accumulated depreciation, capitalized interest and
contributed capital.
Wholesale Treated Water Customers — The group of water customers of the City of
Dallas which currently have a wholesale treated water contract with Dallas.
Working Capital - Assets (funds) which are required to meet current obligations and
service responsibilities of the utility.
Page 29 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 7 of 9
171681
APPENDIX B
MOA WORKING GROUP
Addison: Randy Moravec
Lauren Clark
Carrollton: Bob Scott
Lori Iwanicki
David Gaines
Cedar Hill: Ruth Antebi-Guten
The Colony: Tod Maurina
Coppell: Chad Beach
Kim Tiehen
Dallas Fort Worth Airport: Jerry Dennis
Dallas County W.C.&I.D. #6: Robert Rodriquez
Red Taylor
William Freeman
Denton: Tim Fisher
DeSoto: Isom Cameron
Tom Johnson
Duncanville: Frank Trando
Richard Summerlin
Dennis Schwartz
Farmers Branch: Charles Cox
Mark Pavageaux
Flower Mound: Chuck Springer
Kenneth Parr
Glenn Heights: Judy Bell
Grand Prairie: Ron McCuller
Doug Cuny
Grapevine: Ramana Chinnakotla
Kent Conkle
Irving: Aimee Kaslik
David Cardenas
Lewisville: Carole Bassinger
Page 30 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 8 of 9
171681
Red Oak: Charles Brewer
Richardson: Kent Pfeil
Keith Dagen
University Park: Kent Austin
Upper Trinity Regional Water District: Tom Taylor
Larry Patterson
Dallas: Jo M. (Jody) Puckett
Bobby Praytor
Charles Stringer
Terry Lowery
Denis Qualls
Jacqueline Culton
Tonia Barrix
Melissa Paschall-Thompson
Erica Robinson
Maria Salazar
Page 31 of 31
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT A—Page 9 of 9
171681
EXHIBIT B
DESCRIPTION AND MAP OF CUSTOMER'S SERVICE AREA
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WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT B
171681
EXHIBIT C
DELIVERY POINTS OF ENTRY AND METERING FACILITIES
Description: Wholesale Treated Water is currently provided to Customer at the following delivery
point.
DELIVERY POINT 1: COPPELL METERING STATION
Location: The metering station is located 125 Kimbel Kourt about 250 feet north of
the intersection of Kimbel Kourt with Sandy Lake Road. Specifically,it is
located on the property of the Coppell Village Parkway Pump Station
located at 1101 Village Parkway.
Metering Facilities: The metering station is equipped with a 24" Venturi meter and rate of flow
control valve and associated equipment, including telemetry equipment
connected to Dallas' control station. The maximum delivery capacity of the
24" Venturi meter is estimated at 28 MGD.
The metering station is also equipped with a 12"turbine bypass meter. The
maximum design flow through this meter is estimated at 13 MGD.
The metering vault is owned, operated, and maintained by Dallas. Dallas
owns the 36" water main leading up to the rate of flow controller and the
valves on Dallas' system side of the metering station, and Dallas owns the
short section of mains and valves on the discharge side of the metering
station. Customer's ownership begins after the first set of valves on the
discharge side of the metering station.
Pipeline Capacity: Customer has purchased the right to use 9/80`h from Dallas and 20/80`'from
the City of Irving in the DFW main. Customer has a total capacity right of
29 MGD of the 80 million gallons per day (MGD) within the DFW
Main. These capacity rights, and their purchases, are further described in
Exhibit D.
INTERCONNECT 1: CYPRESS WATERS EMERGENCY INTERCONNECT
Location: The metering station is located at 101 Saintsbury Street, Dallas, Texas near
the intersection of Saintsbury Street and S. Beltline Road.
Metering Facilities: The meter vault is equipped with an 8" Metron Enduro 2800D meter. The
maximum design flow through this meter is estimated at 4.0 MGD.
The metering vault is owned,operated, and maintained by Coppell. Dallas
owns the water main and valves on Dallas' system side of the metering
station.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT C—Page 1 of 3
171681
This meter is used to provide reciprocal water between Dallas and Coppell.
Future Facilities: Should additional delivery points be agreed upon in the future, this Exhibit
C will be revised to recognize these facilities. Revisions to this Exhibit C in order to add, delete,
or modify delivery points or metering facilities can be authorized by the DWU Director and do
not require Dallas City Council approval.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT C—Page 2 of 3
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X71681
EXHIBIT D
SPECIAL CONTRACT CONDITIONS/AGREEMENTS
Customer and Dallas agree that this Exhibit D, containing conditions and clarifications to the
respective Sections of this Contract as numbered below, are a part of this Contract and should be
considered as such for purposes of administration and interpretation.
1. This Contract continues to recognize Dallas' obligation under Contract No. 71-40-S,dated
May 17, 1972 between the City of Dallas and the City of Irving regarding construction of
the DFW Main from the Elm Fork WTP to Irving's Hackberry Junction delivery point for
additional treated water service to Irving, and for water service to DFW Airport as well as
others.This Contract also continues to recognize Dallas' obligation under Contract No. 71-
45-S,dated June 5, 1972,between the City of Dallas,the City of Fort Worth,and the DFW
Airport Board for construction for the DFW Main to supply water to DFW and Irving. In
addition, this Contract recognizes agreements made under the 1994 Contract, dated
October 6, 1994, among the Cities of Irving, Lewisville, and Coppell, for construction of
Dallas Water Supply Line No. 3.
2. The 1972 and 1994 Contracts specified agreement by Dallas to make available,if requested
by the Customer, treated water supply in an amount up to 29/80ths of the actual capacity
of the 80 MGD pipeline (approximately 29 MGD). However, Dallas' current obligation,
expressed in Exhibit C, "DELIVERY POINTS OF ENTRY AND METERING
FACILITIES",is to provide adequate supplies of water to meet the current and future needs
of customer cities. Thus, the approximate 29 MGD is not to be considered as a limitation.
Should Customer's future demand exceed 29 MGD, Dallas agrees to supply Customer's
demand, subject to available system supply and system deliverability, at delivery point as
agreed by Customer and Dallas.
3. This Contract replaces the Current Contract, dated November 18, 1987, as amended by
Supplemental Agreement No. 1 dated June 12, 1992, No. 2 dated November 9, 1994, and
No. 3 dated August 13, 2012.
If additional special conditions or agreements pertaining to this Contract are required in the
future, Exhibit D will be amended. Amendments to this Exhibit D that do not materially affect the
terms of the Contract can be authorized by the DWU Director and do not require Dallas City
Council approval.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL-EXHIBIT D
17168 1
EXHIBIT E
RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT
1. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR
SINGLE FAMILY RESIDENCES OR DUPLEXES - WHEN SERVICING CITY
HAS MAINS IN PLACE
The City of Dallas, Texas, hereinafter called "Dallas," and the City of Coppell, Texas,
hereinafter called "Customer," hereby mutually agree to the following, based on the status
of Dallas' mains as of the time of execution of this Reciprocal Water and/or Wastewater
Service Agreement, hereinafter called "Agreement": Upon written request of either Dallas
or Customer, the city requested to do so shall provide water and/or wastewater service to
customers along the public streets, roadways, alleys and easements that form the common
city limit boundary of Dallas and Customer, provided that neither city will be required
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 level of service being provided to other
customers of said city.
The class of service contemplated by this Paragraph 1 anticipates a temporary connection
until such time as the city requesting service will have water and/or wastewater mains
available. This category of service requires consideration on an individual case basis.
Determination will be rendered upon written request being made by the city in which the
potential customer is located.
Nothing contained in this Agreement shall require that either city will be compelled to
accept a customer classed under this Paragraph 1 after a determination by the servicing
city that service is not economical or otherwise not in the best interest of the servicing city.
A. Service will be provided to single family residences or duplexes situated on no
more than one acre of land located immediately adjacent to the common
boundary.
B. The city providing the water and/or wastewater service contemplated under this
Paragraph shall charge the customer so served the same rates and associated
charges as charged customers whose property lies within its own areas and
boundaries and who are in the same category of service.
C. The customer being served will be required to pay all applicable fees related to the
services provided including a connection service charge to the city furnishing service.
The connection service charge shall be the then current amount established by the
servicing city's ordinances. If a service charge is not specified by the current
ordinances for the size or type service to be provided, the service charge shall be
servicing city's actual cost of rendering the service.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT E—Page 1 of 5
17168 1
2. RECIPROCAL WATER AND/OR WASTEWATER SERVICE AGREEMENT FOR: (1)
SINGLE FAMILY RESIDENCES OR DUPLEXES WHERE MAINS ARE NOT IN
PLACE, (2) COMMERCIAL AND INDUSTRIAL COMPLEXES, (3) RESIDENTIAL
SUBDIVISIONS, APARTMENTS OR TOWNHOUSES AND OTHER MULTI-
DEWLLING RESIDENTIAL UNITS.
Dallas and Customer hereby mutually agree to provide temporary water or wastewater
service, or both, to customers along the public streets, roadways, alleys and easements
forming a common city limit boundary of Dallas and Customer upon written request of
either city to the other, provided that neither city will be required 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 level of service being provided to other customers of said
city.
The class of service contemplated by this Paragraph 2 anticipates a temporary connection
until such time as the city requesting service will have water and/or wastewater mains
available. This category of service requires consideration on an individual case basis.
Determination will be rendered upon written request being made by the city in which
the potential customer is located. Nothing contained in this Agreement shall require that
either city will be compelled to accept a customer classed under this Paragraph 2 after
a determination by the servicing city that service is not economical or otherwise not in the
best interest of the servicing city.
A. Service will be provided to the following type customers whose properties are
located immediately adjacent to or in reasonable proximity of the common boundary:
1) Single family residences or duplexes where mains are not in place.
2) Individual commercial and industrial properties containing no more than 200,000
square feet of building floor space, provided that commercial or industrial
facilities in excess of 200,000 square feet consuming only nominal amounts of
water or contributing only nominal amounts of wastewater may be considered as
an exception to this provision.
3) Specific residential subdivisions consisting of no more than 20 single family units
and apartment complexes, townhouses or other type of multiple dwelling units
consisting of no more than 35 single family units in the immediate area for which
service is being requested.
B. The city providing the water and/or wastewater service contemplated under this
Paragraph shall charge the customer served the same rated and associated charges as
charged customers whose property lies within its own areas and boundaries and who
are in the same category of service.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT E—Page 2 of 5
171681
C. As a precondition of receiving service,the customer being served may also be required
to pay all or part of the costs determined to be necessary to extend service and to pay
the normal service charges for the type service being offered. Applicability of costs of
extending service shall be determined by the officials designated in Paragraph 4.B. of
this Agreement. Normal service costs will be determined as contemplated by
Paragraph l.C. All construction work shall meet the specifications of the city within
whose boundaries the facilities are constructed.
3. TEMPORARY RECIPROCAL SERVICES PROVIDED (1) DIRECTLY TO BORDERING
CITIES AND (2) TO COMMERCIAL, INDUSTRIAL OR OTHER COMPLEXES NOT
CONTEMPLATED BY PARAGRAPH 2.
When services are requested and it is determined by the city from which service is requested
that the service is appropriate and can be offered without diminution of the level of service
being provided to other customers of the servicing city,Dallas and Customer hereby mutually
agree to provide temporary water and/or wastewater service on a reciprocal basis when ( 1)
the service to be furnished is to be provided directly to the reciprocating city as the customer
or,(2)the service to be furnished is for a commercial,industrial,or other customer not meeting
the criteria for service consideration in Paragraph 2.
The class of service contemplated by this Paragraph 3 shall be offered at the option of the
servicing city. Determination of service feasibility will be rendered upon written request being
made by the city requiring service. Nothing contained in this Agreement shall require that
either city will be compelled to offer service after a determination by the servicing city that
service is not economical or otherwise not in the best interest of the servicing city.
The city providing the water or wastewater service contemplated under this Paragraph shall
charge the customer served the same rate and associated charges as charged customers whose
property lies within its own areas and boundaries.
The city requesting the service shall pay full cost of any extension,facilities or improvements
required to make the service available. The amount of the charges shall be determined by the
officials designated in Paragraph 4.B. of this Agreement.All construction work shall meet the
specifications of the city within whose boundaries the facilities are constructed.
4. GENERAL TERMS AND CONDITIONS
Service will be provided from mains in the public streets,roadways, alleys and easements
existing along the common boundaries of Dallas and Customer under the following terms
and conditions, which shall apply equally to either City:
A. Neither party to this Agreement is obligated to provide water nor does wastewater
service to the other party, and each party have the right to refuse to provide water
or wastewater service, under this Agreement, to the other party.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT E—Page 3 of 5
17168I
B. The city requiring services shall initiate the request for reciprocal services by
forwarding a written request for service. The request shall be accompanied by a map
which identifies the location of the proposed properties. Approval of requests for
services shall be in writing and will be forwarded or approved by the following:
If for Dallas: If for Customer:
Dallas Water Utilities City of Coppell
Director Attn: City Manager
1500 Marilla Street -Room 4/A/N P.O. Box 9478
Dallas, Texas 75201 Coppell, TX 75019
C. Meter boxes, service lines, laterals and other facilities necessary to provide service
shall,upon installation,become the property of the city furnishing service if accepted
or agreed to by said city.
D. The customer to be served will sign a contract with the city furnishing service,
agreeing to abide by all the ordinances of that city which relate to the furnishing of
said service.
E. The city requesting service under this Agreement hereby grants to the city
providing such service authorization to go upon the public streets, roadways,
alleys and easements of the former city for the purpose of installing, maintaining
and removing such facilities as are necessary to provide service.
Customer agrees that,with prior written approval of Customer,Dallas may use streets,
alleys and public rights-of-way within Customer's boundaries for the purposes
detailed in this Agreement to provide retail water and wastewater service to
Customer or to other customers without charges or tolls, provided that Dallas
makes the necessary repairs to restore the streets, alleys or public rights-of-way
used to their original condition. Such use and repairs shall be pursuant to the terms
and conditions of the conveyance or license Customer duly grants for such purposes.
Dallas agrees that, with prior written approval of Dallas, Customer may use streets,
alleys and public rights-of-way within Dallas' boundaries for the purposes detailed
in this Agreement to provide retail water and wastewater service to Customer or to
other customers without charges or tolls, provided that Customer makes the
necessary repairs to restore the streets, alleys or public rights-of-way used to their
original condition. Such use and repairs shall be pursuant to the terms and conditions
of a license duly granted by the Dallas City Council.
F. If at any time the city requesting service under this Agreement shall construct a main
capable of providing water and/or wastewater service to any customer being served
under the terms of this Agreement,then upon request,the city so providing the service
shall terminate same, reserving the right to remove its meters and materials from the
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT E—Page 4 of 5
171681
property previously services;provided, the customer shall have a reasonable time,not
to exceed one month, 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 furnishing water service will provide the other city
with monthly meter readings and water consumption information on such customers
and will permit appropriate employees of the city furnishing wastewater service to
read and examine the meters serving such customers to determine the accuracy of
readings so furnished and to permit appropriate employees of the city furnishing
wastewater service to examine water consumption records of such customers,
provided that no meter shall be removed or adjusted except by the city furnishing
water service.
5. CLAIMS OF LIABILITY
It is further mutually agreed by Dallas and Customer that insofar as the services
contemplated hereunder are performed by either city within the jurisdiction of the other city and
to that extent only, Dallas and Customer hereby mutually agree, to the extent permitted by law,
that they will release,hold harmless and defend the other city from all claims of liability which
result from damage to property (real or personal) or persons arising directly or indirectly from
the performance of the services provided for under this Agreement.
6. TERMINATION OR MODIFICATION
This Agreement is to remain in force for the term of the Contract to which it is attached.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT E—Page 5 of 5
171681
EXHIBIT F
INTERIM CONSTRUCTION WATER SERVICE AND INTERIM WASTEWATER
SERVICE FOR THE CYPRESS WATERS DEVELOPMENT PROJECT
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 F-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 Exhibit F shall be considered DALLAS water and
the volumes measured through the meter will be deducted from the amounts of
DALLAS water sold to COPPELL. The billings to COPPELL for treated water
will be commensurately reduced.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT F—Page 1 of 6
171681
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 Exhibit 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 Exhibit, emergency use means a catastrophic failure of the DALLAS or
COPPELL water systems where the 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
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT F—Page 2 of 6
171681
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.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT F—Page 3 of 6
171681
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 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
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT F—Page 4 of 6
171681
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 Exhibit. Any additional points of entry will require approval by
COPPELL, acting through its director of public works or other duly authorized
representative.
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT F—Page 5 of 6
171681
EXHIBIT F-1
N
0 1000 2000
W � E
S
EXISTING 15'
),
SANITARY
SEWER LINE
EXISTING LAKE
SURFACE EL EVATON
EXISTING 1
WATER LINE
PROPOSED 12'
r`WATER LINE I
'PROP'OSED 10' \ PROPOSED 12'
1,1
FORCE MAIN I +1} WATER LINE
3FT STATION
(1 6 Mao) r's\\\\u,i.\
/ PROPOSED 12'1 / /
v WATER LINE /
PROPOSED 12' /
WATER LINE
BOOSTER PUMP STATION
(5 MOD)
7.1/V
GROUND STORAGE TANK
PROPOSED 1
6' (300,000 GALLONS)
I WATER LINE PRESSURE TAM((30,000
GALLONS)
IPROPOSED 16'L PROPOSED 24°
WATER LINE WATER LINE
ROPOSED 16'
_._. IPWATER LINE PROPOSED 24°1
WATER METER
EXISTING 30'
WATER LINE
Scale: AS SHOWN _
Designed by: KHA PHASE 1 IGmley-Horn
Drawn by: KHA WATER AND CYPRESS WATERS r-� and Associates,Inc.
Checked by: KHA WASTEWATERDALLAS,TEXAS
Date: JUNE.2011 12700 Perk 0107001 Dn.a. suite loon
Dolt,70100 70251 rdm-we.s7n2)n2739o--t1300
Project Na 063913002
WHOLESALE TREATED WATER CONTRACT BETWEEN
CITY OF DALLAS AND THE CITY OF COPPELL—EXHIBIT F—Page 6 of 6
COUNCIL CHAMBER
171681
October 25, 2017
WHEREAS, on November 18, 1987, City Council authorized a Wholesale Treated
Water Contract with the City of Coppell to purchase wholesale water services from the
City of Dallas for the period November 18, 1987 through November 17, 2017, by
Resolution No. 87-3715; and
WHEREAS, the current Wholesale Treated Water Contract will expire on November
18, 2017; and
WHEREAS, the City of Dallas and the City of Coppell desire to enter into a new
Wholesale Treated Water Contract; and
WHEREAS, the term of the new thirty-year Wholesale Treated Water Contract will be
November 18, 2017 through November 17, 2047; and
WHEREAS, authorization of the new contract would be in the best interest of the City
of Dallas, as well as the City of Coppell.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to sign a Wholesale Treated
Water Contract with the City of Coppell, approved as to form by the City Attorney, to
continue providing water services, from November 18, 2017 through November 17,
2047, with an estimated annual revenue amount of$3,920,411.
SECTION 2. That the Chief Financial Officer is hereby authorized to receive and
deposit all receipts for service from the City of Coppell to the Water Utilities Current
Fund in Fund 0100, Department DWU, Unit 7005, Revenue Code 7836.
SECTION 3. That this contract is designated as Contract No. DWU-2017-00004111.
SECTION 4. 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
OCT 2 5 201?
Interim City Secretary
17168 1
Y X [ t...' T Y or
COPPELL
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY OF COPPELL §
I, Christel Pettinos, the undersigned, City Secretary of Coppell, Texas, a municipal
corporation, in the performance of the functions of my office, hereby certify that
the attached documents are true and correct copies of the City Council minutes
from October 10, 2017, and a Master Summary of Council Action for agenda item
10B; and that I am the lawful possessor and have legal custody of the City
records.
Witness my hand and seal of office at my office in Coppell, Texas, this the 7th day
of November, 2017.
`, %111111 o/4
4f �pAp o��, / ‘aV ?
. : = hristel Pettin•s
- = i
City Secretary
• 1
�i�1TEXP•9`%•`'\
x' 71681
City of Coppell, Texas 255 Parkway Boulevard
Coppell,Texas
COFFEL/ 75019-9478
. Minutes
City Council
Tuesday,October 10,2017 5:30 PM Council Chambers
KAREN HUNT NANCY YINGLING
Mayor Mayor Pro Tem
CLIFF LONG GARY RODEN
Place 1 Place 4
BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN
Place 2 Place 6
WES MAYS MARK HILL
Place 3 Place 7
MIKE LAND
City Manager
Present 8- Karen Hunt;Cliff Long;Brianna Hinojosa-Flores;Wes Mays;Gary
Roden;Marvin Franklin;Mark Hill and Nancy Yingling
Also present were City Manager Mike Land, Deputy City Managers Traci Leach and
Noel Bernal, City Secretary Christel Pettinos and City Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
October 10, 2017 at 5:30 p.m. in the City Council Chambers of Town Center, 255
Parkway Boulevard, Coppell, Texas.
1. Call to Order
Mayor Hunt called the meeting to order, determined that a quorum was
present and convened into the Executive Session at 5:34 p.m.
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
Discussion regarding real property located south of east Belt Line and
east of south Belt Line.
After consulting with the City Attorney, it was decided there was no need to
meet in Executive Session.
City of Coppell,Texas Page 1
1716 8 1
City Council Minutes October 10,2017
3. Work Session (Open to the Public) 1st Floor Conference Room
Mayor Hunt adjourned the Executive Session and convened into the Work
Session at 5:50 p.m.
A. Discussion regarding possible rescheduling of the 5th Tuesday Work
Session.
B. Discussion regarding dates for upcoming City Council Retreat.
C. Discussion regarding Old Town Coppell Signage.
D. Capital Expenditures and Debt Subcommittee Discussion Update.
E. Discussion regarding Agenda Items.
Presented in Work Session
Regular Session (Open to the Public)
Mayor Hunt adjourned the Work Session at 6:49 p.m.and reconvened into
Regular Session at 7:30 p.m.
4. Invocation 7:30 p.m.
Gary Cook with GracePoint Church gave the Invocation.
5. Pledge of Allegiance
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
6. Consider approval of a proclamation naming the month of October,
"National Breast Cancer Awareness Month," and authorize the Mayor to
sign.
Mayor Hunt read the proclamation into the record and presented the same to
Fire Chief Kevin Richardson and Pink Soles in Motion.A motion was made by
Brianna Hinojosa-Flores,seconded by Mayor Pro Tem Nancy Yingling,that this
agenda item be approved.The motion passed by an unanimous vote.
Aye: 7- Councilmember Cliff Long;Brianna Hinojosa-Flores;Councilmember Wes
Mays;Councilmember Gary Roden;Councilmember Marvin
Franklin;Councilmember Mark Hill and Mayor Pro Tern Nancy Yingling
7. Consider approval of a proclamation naming the week of October 8-14,
2017 as "Fire Prevention Week," and authorizing the Mayor to sign.
Mayor Hunt read the proclamation into the record and presented the same to
Fire Chief Kevin Richardson.A motion was made by Councilmember Wes
Mays,seconded by Councilmember Marvin Franklin,that this agenda item be
approved.The motion passed by an unanimous vote.
Aye: 7- Councilmember Cliff Long;Brianna Hinojosa-Flores;Councilmember Wes
Mays;Councilmember Gary Roden;Councilmember Marvin
Franklin;Councilmember Mark Hill and Mayor Pro Tern Nancy Yingling
City of Coppell,Texas Page 2
'171681
City Council Minutes October 10, 2017
8. Report by the Coppell Farmers' Market and Community Garden.
Peggy Rosson and members of the Coppell Farmers'Market and Community
Garden gave their annual report to the City Council.
9. Citizens' Appearance
Mayor Hunt advised that no on signed up to speak.
10. Consent Agenda
A. Consider approval of the minutes: September 26, 2017.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Marvin Franklin,that Consent Agenda Items A-C be approved.
The motion passed by an unanimous vote.
B. Consider approval to enter into a contract with City of Dallas for the
purchase of wholesale treated water; and authorizing the Mayor to sign
any necessary documents.
A motion was made by Councilmember Gary Roden,seconded by
Councilmember Marvin Franklin,that Consent Agenda Items A-C be approved.
The motion passed by an unanimous vote.
C. Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 1144 W. Bethel Road
in Coppell, Texas, and authorizing the Mayor to sign.
A motion was made by Councilmember Gary Roden,seconded by
Councilmember Marvin Franklin,that Consent Agenda Items A-C be approved.
The motion passed by an unanimous vote.
Enactment No: RE 2017-1010.1
End of Consent Agenda
11. PUBLIC HEARING:
Consider approval of Case No. PD-157R7-C, Valley Ranch Plaza, a
rezoning from PD-157-C (Planned Development 157-Commercial) and
PD-157R6-C (Planned Development 157 Revision 6 - Commercial) to
PD-157R7-C (Planned Development 157 Revision 7 - Commercial) to
allow revisions to the site plan including the addition of a drive-through
restaurant and revising the parking, circulation, landscaping and building
facades on 4.6 acres of property located at the southwest corner of E.
Belt Line Road and S. MacArthur Blvd., at the request of John Evans,
BLMA LTD and BLMA Phase II LTD, being represented by Donald F.
Sopranzi, AIA.
Presentation: Marcie Diamond,Assistant Director of Planning,made a
presentation to the City Council.
City of Coppell,Texas Page 3
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City Council Minutes October 10,2017
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
The applicant was available for questions of the Council.
A motion was made by Councilmember Wes Mays,seconded by Brianna
Hinojosa-Flores,to close the Public Hearing and approve this agenda item
subject to the following condition:
1) Restaurant uses shall be limited to a maximum of 17,900 square feet of this
shopping center.
The motion passed by an unanimous vote.
12. PUBLIC HEARING:
Consider approval of Case No. PD-206R-H, Conoboy Addition (Pence),
a rezoning from PD-206-H (Planned Development 206 - Historic) to
PD-206R-H (Planned Development 206 Revised - Historic) to allow the
demolition of the existing building and construction of a 3,345-square
foot residence on Lot 1R and an 1,877-square foot office on Lot 2R on
14,790-square feet of land located at 717 S. Coppell Road, at the
request of JET Financial Group being represented by Michael Adams,
Firmitas Design.
Presentation: Matt Steer, Economic Development Coordinator,made a
presentation to the City Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
Mike Adams,2735 Villa Creek, Dallas, representing the applicant,was
available for questions of the Council.
Councilmember Cliff Long left the meeting upon filing a conflict of interest
affidavit.
A motion was made by Mayor Pro Tern Nancy Yingling,seconded by Brianna
Hinojosa-Flores,to close the Public Hearing and approve this agenda item
subject to the following conditions:
1) Detailed engineering review will be required at time of full engineering plan
submittal;
2) Please revise Landscape Plan to indicate the 15'visibility triangle measured
from the proposed property line;
3)An estimated fee of$200 will be due for mitigation at time of tree removal
permit; and
4)Add a TAS Review requirement for a handicap space on Houston Street.
The motion passed by an unanimous vote.
City of Coppell,Texas Page 4
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City Council Minutes October 10,2017
13. PUBLIC HEARING:
Consider approval of Case No. PD-291-H, 705 S. Coppell Road, a
rezoning from H (Historic) to PD-291-H (Planned Development 291 -
Historic) to allow the occupancy of the existing 1,038-square foot
residential structure for office uses, on 5,444-square feet of land located
at 705 S. Coppell Road, at the request of Neda Jaafari, being
represented by Technology Building Group.
Presentation: Matt Steer, Economic Development Coordinator,made a
presentation to the City Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
Oliver Kaeini, 1230 S.Continental,Southlake, representing the applicant,was
available for questions of the Council.
Councilmember Cliff Long left the meeting upon filing a conflict of interest
affidavit.
A motion was made by Councilmember Wes Mays,seconded by
Councilmember Marvin Franklin,to close the Public Hearing and approve this
agenda item subject to the following conditions:
1)There may be additional comments generated upon detailed engineering
review;
2)A tree removal permit is required prior to the start of construction; and
3) Minor plat is needed prior to permitting if the zoning is approved.
The motion passed by an unanimous vote.
14. Consider approval to award a contract to AVAdek for the construction of
a canopy trellis at the Cozby Library and Community Commons in the
amount of$49,964.00, as identified in the project design; and authorizing
the City Manager to sign all necessary documents.
Presentation: Dennis Quinn,Assistant Director of Library Services,made a
presentation to the City Council.
A motion was made by Councilmember Wes Mays,seconded by Mayor Pro
Tem Nancy Yingling, that this agenda item be approved. The motion passed by
an unanimous vote.
15. City Manager Reports -Project Updates and Future Agendas
City Manager Mike Land reported the construction project at Town Center
Boulevard has begun.The estimated time of completion is Spring 2018.
Regarding future agendas,a work session will be held on October 30th.
16. Mayor and Council Reports
City of Coppell,Texas Page 5
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City Council Minutes October 10,2017
A. Report by Mayor Hunt and the City Council on the recent Fall
activities.
B. Report by Mayor Hunt on upcoming events.
A.Mayor Hunt reported on the numerous events occuring around town.From
food Truck Frenzy and National Night Out to Mardi Gras in the Fall and Fall
Frolic,there is plenty to do in Coppell.
Councilmember Franklin reported on a leadership session he attended at the
Texas Municipal League Conference in Houston by Ron Hollifield.It discussed .
the 4th dimension leader and evoking culture in your community.
B.Mayor Hunt announced the following events:The Fire Department will host
a Life Safety Open House on October 14th from 10am-2pm.There will be
demonstrations,popcorn,games and much more!
Game Day on the Square will by held on October 14th.Enjoy college football
games on a jumbo TV beginning at 2 p.m.There will be an inflatable obstacle
course for the kids and plenty of food trucks beginning at 5pm.Bring your
tailgating gear to enjoy the Square and the Games!
Kaleidoscope:A Celebration of Cultures will be held on October 21st from
5pm-9pm at Andy Brown Park East.This free event is a festival of lights,sounds
and color!There will be a variety of foods,cultural performances,children's
activities and a festive firework show.
The CORE will be hosting a Flashlight Hunt:A hunt after dark in the park on
October 28,from 6-8pm at the Andy Brown Park East Grand Pavilion.The event
is free although pre-registration will secure your pumpkin for the Pumpkin
Painting event.Come check out The CORE and join the fun!
17. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
18. Necessary Action from Executive Session
Nothing to report.
Adjournme t
There . in r no further business before the City Council,the meeting was
adjo ne at 8:48 p.m.
/
K. en Selbo Hunt,M. or
(IST:
Ae �' 1riste!Pettinos,City Secretary
City of Coppell,Texas Page 6
171681
City of Coppell, Texas 255 Parkway Boulevard
CC)PPELL C75019-9478 Texas
Master
File Number: 2017-3590
File ID: 2017-3590 Type: Agenda Item Status: Passed
Version: 1 Reference: In Control: Engineering
File Created: 09/28/2017
File Name: Dallas Water Contract Final Action: 10/10/2017
Title: Consider approval to enter into a contract with City of Dallas for the purchase
of wholesale treated water; and authorizing the Mayor to sign any necessary
documents.
Notes:
Agenda Date: 10/10/2017
Agenda Number: B.
Sponsors: Enactment Date:
Attachments: Dallas Water Contract.pdf, 1972 Trinity River Authority Enactment Number:
Water Contract.pdf, 1987 Dallas Water Contract.pdf,
Supplemental Agreement 1.pdf, Supplemental
Agreement 2.pdf, Supplemental Agreement 3.pdf,
Proposed Treated Water Contract.pdf
Contact: Hearing Date:
Drafter: Effective Date:
History of Legislative File
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion: Date:
1 City Council 10/10/2017 Approved on the Pass
Consent Agenda
Action Text: A motion was made by Councilmember Gary Roden,seconded by Councilmember Marvin Franklin,
that Consent Agenda Items A-C be approved.The motion passed by an unanimous vote.
Aye: 7 Councilmember Cliff Long, Brianna Hinojosa-Flores, Councilmember
Wes Mays, Councilmember Gary Roden, Councilmember Marvin
Franklin, Councilmember Mark Hill,and Mayor Pro Tem Nancy Yingling
Text of Legislative File 2017-3590
Title
Consider approval to enter into a contract with City of Dallas for the purchase of wholesale
treated water; and authorizing the Mayor to sign any necessary documents.
Summary
City of Coppell,Texas Page 1 Printed on 11/7/2017
171681
Master Continued(2017-3590)
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
The Engineering Department recommends approval.
Goal Icon:
Sustainable City Government
City of Coppell,Texas
Page 2 Printed on 11/7/2017