HomeMy WebLinkAboutRES 1996-026 �_�
RESOLUTION NO. 96-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
'�"' GRAPEVINE, TEXAS AUTHORIZWG THE CITY OF
GRAPEVINE TO ENTER INTO A CONTRACT WITH THE
CITY OF DALLAS FOR THE PURCHASE OF UNTREATED
WATER; AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine desires to purchase untreated water from the
City of Dallas for irrigation use; and
WHEREAS, Dallas desires to sell untreated water to Grapevine from its
untreated water rights in Lake Grapevine; and
WHEREAS, Denton Creek flows from the base of Lake Grapevine dam in Tarrant
County, Texas, and is a tributary of the Elm Fork of the Trinity River; and
WHEREAS, water would be diverted by the City of Grapevine downstream of
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Lake Grapevine and the water diverted will be used for irrigation purposes, which use
by City of Grapevine may impair storage rights of Dallas in Lake Grapevine; and
� WHEREAS, the City of Dallas, pursuant to its Certificate of Adjudication 08-
2458, as amended, is entitled to appropriate the waters of Lake Grapevine and its
tributaries; and
WHEREAS, the effectiveness of the Contract is dependent upon compliance
with the rules of the Texas Natural Resource Conservation Commission (TNRCCI.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 . That all matters stated in the preamble are found to be true and
correct and are incorporated herein as if copied in their entirety.
Section 2. That the City Manager is hereby authorized to enter into an
Untreated Water Purchase Contract with the City of Dallas, said contract attached
hereto and made a part hereof as Exhibit "A".
""�°°' Section 3. That this resolution shall become effective from and after the date
of its passage.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of �uly , 1996.
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APPROVED:
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William D. Tate
Mayor
ATTEST:
�:t� ,
Linda uff
City Secretary
APPROVED AS TO FORM:
,�°, �_. _ ��7��
John F. Boyle, Jr.
City Attorney
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RES. NO. 96-26 2
' Exhibit "A" to Resolution 96-26
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STATE OF TEXAS §
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COUNTY OF DALLAS �
UNTREATED WATER PURCHASE CONTRACT
WHEREAS, the City of Grapevine, Texas, a Texas municipal corporation
(hereinafter called "Purchaser"), desires to purchase untreated water from the City of
Dallas, a Texas municipal corporation (hereinafter called "Dallas"), for irrigation
use; and
WHEREAS, Dallas desires to sell untreated water to Grapevine from its
untreated water rights in Lake Grapevine; and
s�'�'��_��, Deni�:n Creek fl�ws fro:� t�:e bas�: of �u�e Gra��:vine dam in
Tarrant County, Texas, and is a tributary of the Elm Fork of the Trinity River; and
WHEREAS, water would be diverted by Purchaser downstream of Lake
Grapev�ne, and the water diverted will be used for irri ation purposes, which use by
Purchaser may impair storage rights of Dallas in Lake �rapevine; and
WHEREAS, Dallas, pursuant to its Certificate of Adjudication 08-2458, as
- � amended, is entitled to appropriate the waters of Lake Grapevine and its tributaries;
and
�°�`� WHEREAS, the effectiveness of this Contract is dependent upon compliance
with the rules of the Texas Natural Resource Conservation Commission
("TNRCC"}.
NOW, THEREFORE, in consideration of the mutual romises and covenants
contained therein, Dallas and Purchaser hereby agree to the �ollowing:
SECTION 1. AVAILABILITY AND DIVERSION POINT
1.1 Amendment to Dallas' Certificate of Adjudication 08-2458B, attached to and
made a part of this Contract as Exhibit "A" as required by TNRCC Rules, entitles
Dallas to appropriate and sell waters of Lake Grapevine and its tributaries, and
Dallas hereby agrees to sell untreated water to Grapevine for irrigation use as
detailed in this Contract, when available, and when not otherwise needed by Dallas
for storage purposes in Lake Grapevine.
1.2 The sale of untreated water to meet the requirements of Purchaser is subject
to the limitations further described in Section 4 of this Contract, and as determined
by Dallas' Director of Water Utilities, or his designee (hereinafter called the
"Director"); provided, however, that sales shall not be unreasonably withheld.
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1.3 Purchaser shall divert waters normally flowing from Lake Grapevine into
g° ° Denton Creek, Tarrant County, Texas, onl at the diversion point identified in
Exhibit "B", attached to and made a part o�this Contract as required by TNRCC
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Rules.
SECTION 2. WATER YEAR
2.1 The term "Water Year" means the period described by applicable ordinance of
Dallas, as may be a,mended from time to hme. Currently, the Water Year begins on
June 1 and ends on May 31.
SECTION 3. PURCHASE
3.1 Purchaser agrees to pay, as billed, for the minimum quantity of water per
�later Year, as stated below, notwithstanding a lesser amount may ac#ually be taken.
�it1�3�:ic:i �''T�u�C:i' �i'TIUClriii i�1uTl '[!iv Ts't:"11II'111.TT.:"i �E' taken, pay�ent :�iE`�;,�or sl�all �� a5
indicate� in Section S of this Contract. Purchaser shall not, in any Water Year, take
more than the maximum quantity of water stated below.
• Minimum Maximum
36,459,468 gallons per Water Year 72,918,936 gallons per Water Year
- 3.2 Dallas' Amendment to Certificate of Adjudication 08-2458B, attached as
Exhibit "A", authorizes the diversion of the maximum amount of water indicated
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in Section 3.1 of this Contract: 72,918,936 gallons (223.78 acre feet) annually.
3.3 Purchaser shall not divert water at a diversion rate greater than 1,OQ0,000
gallons per day.
SECTTON 4. CURTAILMENT AND INTERRUPTIBLE SERVICE .
4.1 Purchaser agrees that this is an interruptible untreated water supply contract.
Notwithstanding any other provision of this Contract, Dallas reserves the right to
temporarily curtail or discontinue sales under this Contract under the following
conditions:
a. In the event of severe drought or other conditions when, in the
opinion of the Director, the water is required for other municipal purposes;
b. In the event of water rights disputes, litigation or any other similar
occurence that, in the opinion of the Director, �s an obstruction or hindrance to
Dallas' ability to �rovide the water to be purchased under the terms of this Contract
to Purchaser for urigation use.
„,��,� Written notice of such temporary curtailment or discontinuance will be provided to
Purchaser. Sales may resume on determination by the Director that the conditions
necessitating the interruption of service have ended.
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�� • 4.2 Purchaser agrees, in the event of a curtailment, to incorporate loss reduction
measures and demand management�ractices to ensure that the available supply of
water is used in an economically efficient and environmentally sensitive manner. If
a curtailment is imposed or sales discontinued for a period exceeding fifteen (15)
"�"°` days in any given Water Year, the minimum quantity to be purchased under this
Contract wiIl be prorated downward in proportion to the duration of the
curtailment or discontinued service, unless at the time Purchaser has actually taken
the minimum quantity specified in this Contract.
4.3 Purchaser shall develo� and implement ,water _conservation measures
utilizing those practices, techniques, and technologies that reduce or maintain the
consumption of water, prevent or reduce the loss or waste of water, maintain or
improve the efficienc� in the use of water, increase the recycling and reuse of water,
or prevent the �ollution of water, so that a water su�ply is made available for future
use or alternative uses. Purchaser's water conservation measures must comply with
State law and must demonstrate a conservation level at least equal to or better than
State rQquirements and Dallas' conservation plan, as mav be amended from tune to
tFTTi2. Purchaser �bret:; tr�ac L��:as 51:�:� i1a��: the rignr to review the Purchaser's
water conservation plan and that it will immediately take action to remedy any
deficiencies.
SECTION 5. RATES
- Purchaser agrees to pay Dallas at the prevailing rate specified by ordinance of the
Dallas City Council, as amended, for interruptibie untreated water. The rate shall be
subject to increase or decrease without formal amendment of this Contract by
official action of the Dallas Ci Council. Purchaser will be notified in advance of
""' ` any rate changes. In addition,�urchaser shall pay all other applicable charges for
untreated water sales as may be adopted from time to time by Ordinance of the
Dallas City Council.
SECTION 6. MEASUREMENT OF CONSUMPTION
6.1 Adequate metering and diversion facilities as a�proved by Dallas will be
provided by Purchaser at the authorized diversion point. Payment for all meter
consumption will be made monthly, subject to the provisions of Section 8 of this
Contract. Dallas shall have the right of ingress and egress to read and test the meter
and to bill on estimated quantities if the meter is found to be inaccurate.
6.2 Purchaser shall read the meter on a monthly basis for billing �urposes and
�rovide the readings to Dallas' Water Utilities Department (hereina�ter called
'DWU"). However, Dallas shall have the option to read the meter on a monthly
basis for billing purposes if it is considered necessary by the Director.
6.3 Purchaser agrees to monitor meter operations on a regular basis, and if a
meter is discovered to be malfiznctioning, appropriate City of-Dallas staff shall be
� notified. If the meter is determined to be mal�unctioning, the amount of water that
has passed through such meter will be estimated for each day the meter did not
function correctly. The last correctly measured period of consumption will be used
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-- - as a basis for computing the amount of water taken during the time the meter was
not functioning correctly. Purchaser shall maintain pumping logs to provide an
alternate manner for estimating billings.
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6.4 Purchaser shall provide an accurate record of its daily irrigation water use on
a monthly basis to the Planning Division of DWU.
6.5 Purchaser shall make daily re uests to the Water Operations Control Center
of DWU for Dallas to release water�rom Lake Grapevine for Purchaser to use for
irrigation as described within this Contract. This release request is to be made in
addition to any other release requests made by Purchaser to DWU. Purchaser shall
anticipate its irrigation water requirement for each twenty-four (24) hour period of
the daily request and shall limit its daily use to the requested amount.
SECTION 7. METERING AND PUMPING FACILITIES
7.? "u:craser shall b�: re�pansit;ie for a�: ��sts u�5ociated witii the design,
construction and operation of the diversion, umping and metering equipment and
facilities required under the terms of this �ontract. All diversion, pumping and
metering equi�ment and facilities shall be designed, constructed and operated in
accordance with standard industry practices. Meters shall conform to American
Waterworks Association Standards, where such standards exist.
7.2 Diversion, pumping and metering equipment and facilities used by Purchaser
shall be approved by the�irector, and are described in Exhibit "B", attached to a,.nd
made a part of this Contract. Ownership and maintenance responsibility for the
facilities and ec�uipment will be with Purchaser. Should a meterin� or pumping
' facility malfunction, Purchaser agrees to make necessary repairs in a hmely manner.
7.3 Purchaser shall not operate its diversion, pumping and metering equipment
and facilities at a diversion rate greater than 1,000,000 gallons per day.
SECTION 8. PAYMENT
8.1 Subject to the minimum amount of water required to be paid for and the
maximum amount of water permitted to be taken under this Contract, billings will
be calculated on actual quantities of water taken by Purchaser. Monthly billings
shall be provided to Purchaser and payment is due upon receipt of statement.
Purchaser shall not take more than tfie maximum amount of water stated under
this Contract; if Purchaser takes more than the maximum stated amount, the
Director may terminate this Contract pursuant to Section 12.2 without waiving any
other legal or equitable remedies available to Dallas. Purchaser shall, in the event of
such termination, remain liable for the actual amount of water taken, including the
excess.
8.2 Purchaser agrees to pay Dallas for the minimum c�uantity specified in Section
. 3, whether or not Purchaser has actually taken the minunum quantity specified in
this Contract by the end of the Water Year. The minimum quantity to be purchased
during the first year of this Contract will depend on the time of year service is
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commenced and will be �rorated to May 31st. If the minimum quantity has not
been taken by the end o the Water Year, the last billin� for the Water Year will
include charges for the minimum amount specified in this Contract, unless
�F,,� prorated by this Section.
SECTION 9. TERM
The term of this Contract shall commence as of the date of execution of same, being
also-the date of the resolution of the Dallas City Gounc�l a}�}�raving this Contract,
and shall remain in effect for a period of twenty (20) years, or until Dallas' rights to
the use of the untreated water purchased under this Contract expires, whichever
date comes earlier. At the time of execution of this Contract, Dallas' rights to the use
of the untreated water purchased under this Contract ex�ire January 17, 2006, at
which time Dallas' Amendment to Certificate of Adjudication 08-2458B expires.
Determination of whether Dallas will extend, renew or reapply for the untreated
water rights �r anted by Amendment to Certificate of Adjudication 08-2458B shall
resi soleiy zvit�'1 DalluS.
SECTION 10. PROTECTION OF WATERSHED
Purchaser agrees that water purchased under this Contract shall not be treated or
altered by chemical or other means so as to be harmful to the Dallas water supply in
� - the event of runoff, overflow or other release. Any chemical treatment by Purchaser
shall be approved in advance of use by the Director, which approval shall not be
unreasonably withheld.
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SECTION 11. INSPECTION OF FACILITTES
Upon reasonable advance notification to Purchaser, authorized Dallas employees
shall have the right of reasonable ingress and egress on Purchaser's pro�erty and
facilities during business hours to ins�ect the facilities and to determine if the
diversion is in accordance with the provisions of this Contract.
SECTION 12. DEFAULT; TERMINATION
12.1 Dallas shall have the right to terminate this Contract for non-payment of the
charges set out in this Contract. However, Dallas shall provide written notice of
intent to terminate under this Section at least ten (10) days prior to the proposed
effective date of termination, in order for the Purchaser to tender payment and
thereby resolve such default hereunder.
12.2 Dallas shall have the right to terminate this Contract by giving thirty (30) days
written notice if Dallas finds that unauthorized diversions are being made. In
addition, if the Contract is terminated under this �aragraph, Dallas shall be entitled
&. . to payment for all water estimated to have been droerted.
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12.3 In addition to the foregoing, Dallas may terminate this Contact for non-
compliance with any other contractual condition upon thirty (30) days written
notice to the Purchaser of its intent to terminate; provided, however, that if the
e „ Purchaser shall cure the condition of contractual non-compliance within the thirty-
day period, or commence to resolve the condition in that �eriod and continue to
resolve same promptly, Dallas, at its option, may continue this Contract.
12.4 After the first full Water Year of performance, this Contract may be
. terminated by Purchaser upon thirty (30) days advance written notification to Dallas.
12.5 The remedies set forth in this Section shall not be considered exclusive, and
Dallas and Purchaser retain all other rights and remedies available at law and in
equity in the event of any default by Purchaser or Dallas of the terms and provisions
of this Contract.
SECTIOI�T 13. FORCE MAJEURE; INDEMIVITY; REMEDIES; Nn W ` TIE
13.1 If, for any reason, not reasonably within the control of the party so claiming,
either party to this Contract shall be rendered, in whole or in part, unable to carry
out its obligations under this Contract, then that party's obligation shall be
sus�ended during the continuance of the inability then claimed, but for no longer
period. Such party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
13.2 Dallas makes no representation or warranty, express or implied, as to the
character, quality or availability of the water to be taken and Purchaser agrees to
assume all risks, accepting the water, if available, in the same state as it is received;
"�""" nor does Dallas make any representation that the water will be suitable for the
purposes for which Purchaser desires to use it. Dallas shall not be liable in any
event for the nonavailability of water under this Contract, the unsuitability of the
water or its quality, or the inability of Dallas to perform any obligation under this
contract for reasons beyond its control, including the rules or regulations of other
governmental agencies.
13.3 To the extent allowed by Texas law, Purchaser agrees to defend, indemnify
and hold Dallas, its officers, agents and employees, harmless from any liability in
claims, administrative proceedings and lawsuits for judgments, penalties, costs,
expenses and attomey's fees for �ersonal in�ury (includin� death), property damage,
other harm for which recovery o damages is sought, or violations of state or federal
laws or regulations that may arise out of or be occasioned by: a) a breach of this
Contract by Purchaser; b) the negligent act or omission of Purchaser in the
performance of this Contract; or c) the laws or 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 reguIation 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 the Purchaser and Dallas, responsibility and
indemnity, if any, shall be apportioned comparatively in accordance with the law of
,� n 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
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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.
,�;. SECTION 14. RIGHTS AND TITLE
14.1 Purchaser agrees that it shall acquire no rights or title for the use of water
other than those rights explicitly set fortfi in this Contract.
14.2 Purchaser shall not resell water taken under this Contract without the prior
written approval of the Director.
SECTION 15. ASSIGNABILITY
This Contract shall not be assigned; provided, however, that in the event any
assignment is requested, Dallas may approve same, and such requested assignment
shall not become effective unless Dallas specificallv c4nsents to tfie same in wn�ing.
Appro�ral cuider this parugraph ir�ay be given by the Director.
SECTION 16. EASEMENTS, PERMITS AND FEES
Purchaser shall obtain any easements or rights-of-way necessary for any water lines
or facilities that may be required to consummate this Contract. Should the
� acquisition of any �ermrts or the payment of any fees be required of Purchaser in
connection with this Contract, including permits or fees that may be required by
TNRCC, Purchaser shall be responsible for same and provide proof thereof to the
,�,;..
Director prior to withdrawing water under this Contract.
SECTION 17. NOTICES
Any notices required to be given under this Contract shall be deemed to have been
sufficiently given to either party for all purposes hereof if mailed by certified mail,
postage prepaid, addressed as follows:
To Ci of Dallas To Ci of Gra�evine
Director City Manger
Dallas Water Utilities City of Grapevine
1500 Marilla -4/a/North P.O. Box 83U309
Dallas TX 75201 Grapevine TX 75083
or to such other respective address as the parties may designate from time to time in
writing in accordance with this notice provision.
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�'" `' SECTTON 18. VENUE
The parties agree that this Contract shall be performable and enforceable in Dallas
�,:..: County, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie
in Dallas County, Texas.
SECTION 19. ENTIRE AGREEMENT
Thfs Contract contains all commitments and agreements of the parties hereto, and
no verbal or written commitments shall have any force or effect if not contained
herein.
SECTION 20. APPLICABLE LAWS
Thi� Contract is made subjPct to, and Purch�ser a�rees to comply with, all applicable
laws �i �he Sia�e of Texas, applicablr rules, regulations and orders of TT.i1�CC, anci
the Charter and Ordinances of the Cit� of Dallas, as same may hereafter be amended.
This Contract may be subject to review and approval of TNRCC. Purchaser shall
comply with all terms, conditions and provisions of the term �ermit to be obtained
from the State of Texas as amended, so long as same may remain in effect.
` SECTION 21. CONTRACT INTERPRETATION
In interpreting the various provisions of this Contract, the laws and court decisions
,�Y� of the State of Texas shall apply.
SECTION 22. �APTIONS
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.
SECTTON 23. CONTRACT ADMIIVISTR.ATION
This Contract shall be administered on behalf of Dallas by the Director; and on
behalf of Purchaser by its City Manager, or his designated representative.
EXECUTED this the day of , 1996, by the City of Dallas, signing by
and through its City Manager, duly authorized to execute same by Resolution No.
96- , ado�ted by the City Council on . 1996, and approved as to
form by its City Attorney; and by the City of Grapevine, acting through its duly
authorized officials.
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APPROVED AS TO FORM: CITY OF DALLAS
SAM A. LINDSAY, City Attorney JOHN L. WARE, City Manager
BY BY
Assistant City Attorney Assistant City Manager
�.l�ff�iH ., i� �.ij�a /i1„�' '.�,/.
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APPROVED AS TO FORM: CITY OF GRAPEVINE
TRENT PETTY, City Manager ���P�P��!•y��
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City ttorney Ass��a-ft# C y Manager ��r=**,*��
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APPROVED 8Y COUNCIL �%'�-��� ~��
F As of 06/17/97 this agreement has not been executed by the City of Dallas.
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� EXNIBIT A
- AMENDMENT TO
CERTIFICATE OF JIDJUDICIITION
CERTIFICATE NO.: OS-2458B
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� Name: CITY OF DALLAS Address: 1500 Marilla Street +
Dallas, Texas 75201
' Filed: December 17, 1985 Granted: December 17, 1985
Counties: Dallas and Tarrant
Watercourse: Denton Creek, Watershed: Trinity River Basin
tributary of Elm
Fork Trinity River, '
tributary of
Trinity River
41HEREAS, the Texas Water Commission finds that juriadiction of the
application is establishedj and
• WHEREAS, Certificate of Adjudication No. 08-2458, ae previously
ar,:ended.,. au!;h�rize� ewner to divert and use, inter a1ia, 32,995 a�re••fept
of water per ann;,m from Grapevine Reservoir for combined domestic, �
municipal, industrial, manufacturinq, pleasure, and recreational purposes;
and s
WHEREAS, applicant has requested an amendment to Certificate of
• Adjudication No. 08-2458, as amended, to authorize, for a 20-year period, a
chanqe in purpose of uae to irriqation with respect to 500 acre-feet of the ;
32,995 acre-feet described above.
NOW, THEREFORE, this amendment to Certificate of Adjudication `
� No. 08-2458, as amended, is iesued to the City of Dallas, subject to the ;
• following terms and conditions:
+ � 1. USE
€� In lieu of the prior authorization cantained in Certificate of
• Adjudication No. 08-2458, aa. amended, to divert and nse 32,995
acre-feet of water per annum from Grapevine Reservoir for
domestic, municipal, industzial, manufacturinq, pleasure, and
recreational purposes, owner ia authorized to divert an� use water
from Grapevine Reservoir es follows:
(a) 32,495 acre-feet per annum for domestic, municipal, (
industrial, manufacturing, pleasure, and zecreational purposes; �
and
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(b) 500 acre-feet per annum for irrigation purposes. .
2. SPECZAL CONDZTION
This amendment� shall expire and become null and void 20 years from
its date of issuance. Upon expiration, the authorization herein
to divert and use watez for irrigation purposes shall revert to an
authorization to divert the same amount of water for domestic,
municipal, industrial, manufacturinq, pleasure, and recreational
purposes, subject to the prior terms and conditions of Certificate
of Adjudication No. 08-2458, as amended.
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, EXHIBIT A
Th: � nr.._._�,t_.'� ia issued sub ject to all terms, conditiona and
provisions contained in Ceztificate of Adjudication No. 08-2458, as
amended, except as herein amended.
This amendment ie issued aubject to all superior and senior water
rights ia tha Trinity River Basin.
y,_., Owner agrees to be bound by the terms, conditions and provisions
contained herein and such aqreement ie a condition precedent to the
qrantinq of this amendment.
All other mattera requested in the application which are not
specifically qranted by this amendment are denied.
This amendment is issued subject to tha Rules of the Texas Water
Commission and to the riqht of continual superviaion of State water •
resources exercised by the Commission.
TEXAS WATER COMMISSION
/a/ pahl Acxikine
DATE ISSUEDs Paul Hopk�ns, Cha rman
J.anuar� 17, 1986
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ATTEST: Ralph Roming, Comm sE oner
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Mazy Ann Hefner, Ch ef Clerk John O. Houchins, Cama ss oner !
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Page 1 of 2
DESCRIPTION OF METERING AND PUMPING EOUIPMENT
���` Diversion Point
LOCATION: 97°03'22" Longitude and 32°58'21" Latitude
(See map on page 1 of 2 of this Exhibit B)
METER: 6" turbine meter with strainer, manufactured by Neptune
Future Diversion Points
It is anticipated that the Purchaser may desire additional diversion points with metering and pumping
facilities. The data for additional diversion points, and the related_lo^ation inforr:iatiory �.Te ta be
added to this Exhibit B when approved in accordance with this Contract.
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Page 2 of 2