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Home My WebLink About1979-04-17 Joint Meeting � � Y � 7 f' e �: t. CITY OF GRAPEVINE, TEXAS � � � A GENDA � CITY COUNCIL WORKSHOP SESSION � TUESDAY, APRIL 17, 1979 AT 6:00 P.M. � CONFERENCE ROOM - 413 MAIN STREET ; � � { ,� � �: I. CALL TO ORDER II. WORKSHOP SESSION � r City Council to hold a workshop session to = review the Trinity River Authority contract. � � III. MISCELLANEOUS REPORTS &/OR DISCUSSIONS � � IV. ADJOURNMENT � � � � z i e t IN ACCORDANCE WITH ARTICLE 6252-17, V.A. T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, � REGULAR SESSION, THE CITY COUNCIL WORKSHOP SESSION � AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH DAY �; OF APRIL, 1979 AT 1:30 P.M. � � � � � i � . � � } City ecre ry � � �. � z �; � � � � � � � � � � � � � � � � � � � , � � � � � � � s � , � � � � � s � � � 4 } G G ¢j` G � � � � � � � �: � � � � � CITY OF GRAPEVINE, TEXAS ; p 5 A GENDA � JOINT CIgY COUNCIL & PLANNING & ZONING COMMISSION MEETING � d TUESDAY, APRIL 17, 1979 AT 7: 30 P.M. � COUNCIL CHAMBERS — 413 MAIN STREET 3 $ x , ,':� I. CALL TO ORDER � � { II. INVOCATION: Rev. Albert Warnken � � Memorial Baptist Church � � ;: III. PUBLIC HEARINGS e` t , � A. City Council and Planning & Zoning Commission k to hold a public hearing relative to Zoning �'. Application Z79-9 submitted by the Texas Pre- #: School Corporation. � � B. City Council and Plarining & Zoning Commission to hold a public hearing relative to Zoning `� C' Application Z79-10 submitted by Willard R. � Baker Company. � k � C. City Council and Planning & Zoning Commission � s to hold a public hearing relative to Zoning � Application Z79-11 submitted by Gordon M. �: Nettleton. �' � � D. City Council and Planning & Zoning Commission � to reschedule a public hearing relative to � Zoning Application Z79-12 submitted by Keith � Cecil & Associates. � � � IV. END OF JOINT PUBLIC HEA RING � t: , A. City Council to remain in session to consider � further published agenda items. � � B. Planning & Zoning Commission to recess to the �; Conference Room to discuss further business. � � , IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS � AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, ; � REGULAR SESSION, THE JOINT CITY COUNCIL AND PLANNING ��° & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND � POSTED ON THIS THE 13TH DAY OF APRIL, 1979 AT 1: 30 P.M. �: r � 3 t (pK F € t . g R, City c ta � � i € � � � � � � � � } �� . � � � � t � I; � e f 4' CITY OF GRAPEVINE, TEXAS �' Y A GENDA ; REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 17, 1979 AT 8:00 P. M. COUNCIL CHAMBERS - 413 MAIN STREET ? ; � � i! V. CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS VI. CONSIDERATION OF THE MINUTES (April 3rd & 9th, 1979) #' VII. OLD BUSINESS i � A. City Council to consider an amendment ordinance � relative to the effective date of revised parking � requirements in multi-family districts . t B. City Council to consider an amendment ordinance ` pertaining to sign setback requirements . �` � � C. City Council to consider a resolution relative { to an Indian housing program. � � VIII. NEW BUSINESS � � A. City Council to consider entering into a contract � � with Trinity River Authority. _ f' B. City Council to consider a resolution requesting � the Texas Highway Department to construct traffic � lights on West Northwest Highway at its intersections � with Park Boulevard and Dove Road. fi C. City Council to consider a resolution accepting County funds in return for providing fire pro- Y tection to real and personal property outside � the City boundaries. � � D. City Council to consider authorizing payment for ` the City' s portion of street construction adjacent � to City owned property. � � � � E. City Council to consider authorizing payment for � the City' s portion of oversized water & sewer � mains in Boyd Center. �: IX. ZONING ORDINANCES & PLATS � � A. City Council to consider the recommendation of the � Planning & Zoning Commission and a subsequent ordinance ' relative to Zoning Application Z79-9 (Pre-School) . B. City Council to consider the recommendation of the = Planning & Zoning Commission and a subsequent ordinance � relative to Zoning Application Z79-10 (Willard Baker) . � � � � � � � � > � � � � r �• � � P � � � � E � € � � � a 3 �; s � � C. City Council to consider the recommendation of the � i Planning & Zoning Commission and a subsequent ordinance ` � relative to Zoning Application Z79-11 (Nettleton) . �: x r , D. City Council to consider the recommendation of the � Planning & Zoning Commission relative to the final ;" plat of The Woods. � 3 X. ADJOURNMENT � � x IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS ' AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, � REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING � AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH DAY OF APRIL, 1979 AT 1:30 P. M. � � s ,, i { �! City Sec tary ;: k t € k � t � iq'. t � � t � § � i � £ E s F' y; � S € t t 1e �5. C � ! $ � � � $. k f � �¢ G � s � � � �g S $ � ( � �. i � € i e � t E � �' F, � k CITY OF GRAPEVINE, TEXAS '' � t A GE NDA f PLANNING & ZONING COMMISSION MEETING f TUESDAY, APRIL 17, 1979 AT 8:00 P.M. ` CONFERENCE ROOM - 413 MAIN STREET � � �: � V. NEW BUSINESS � 3 A. Planning & Zoning Commission to consider � Zoning Application Z79-9 (Pre-School) and � make a recommendation to the City Council. ' B. Planning & Zoning Commission to consider � Zoning Application Z79-10 (Willard Baker) �` and make a recommendation to the City s i Council. # � �, Planning & Zoning Commission to consider � Zoning Application Z79-11 (Nettleton) and � make a recommendation to the City Council. � r; D. Planning & Zoning Commission to consider the final plat of The Woods and make a i recommendation to the City Council. ` � VI. MISCELLANEOUS REPORTS AND/OR DISCUSSIONS � > VII. ADJOURNMENT f � � � IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. ,AS � AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, ;: �- REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 13TH � DAY OF APRIL, 1979 AT 1:30 P.M. � � � , - s € City ec t y � � � � f: � y: k `): � �. # Z, � l � � � � � � � � E> 3 g: d �' i STATE OF TEXAS � COUNTY OF TARRANT X CITY OF GRAPEVINE X The City Council of the City of Grapevine, Texas , met in Workshop � Session on this the 17th day of April , 1979 , at 6 :00 P.M. , with the following persons present , to-wit : William D. Tate Mayor David A. Florence Mayor Pro-Tem C. L. "Larry" Oliver Councilman � Ted Ware Councilman Doil Dalton Councilman William Shafer Councilman � constituting a quorum with Charles Dunn absent , with the following City Staff inembers in attendance : James L. Hancock City Manager John F. Boyle, Jr. City Attorney Shirley Armstrong City Secretary '� CALL TO ORDER The meeting was called to order by Mayor Tate. � WORKSHOP - TRINITY RIVER AUTHORITY Mayor Tate advised that the sole purpose of the workshop session was to discuss the Trinity River Authority. ; , Mr. Danny Vance, Trinity River Authority Regional Manager and Mr. Elvin Copeland, representing Freese & Nichols , engineering firm, were in attendance during the review. � Mr. Vance gave a history of the TRA System and noted that service would be extended to the five cities of Bedford, Euless , North Richland Kills , Colleyville , and Grapevine. He then briefly re- viewed the contents of the contract. Mr. Vance noted that projec- tions cited June , 1981 as the date the system would be providing service to Grapevine. A large map was then reviewed showing the path of the proposed water lines and the areas of Grapevine to be serviced. It was the general concensus of the Council that they were in agree- ment with the contents of the contract. No formaJ, action was taken during the workshop session. ADJ OURNMENT There being no further business to come before the Counci�., Mayor Tate declared the meeting adjourned. PASSED AND APPROVED on this th_e ,�'%�'day of ],979 . , ayor ' ATTEST : � City ecr ar � � � i STATE OF TEXAS X 04/17/79 { � COUNTY OF TARR.ANT � � CITY OF GR.APEVINE X � F i 4 t The City Council and the Planning & Zoning Commission of the City of � Grapevine, Texas , met in Joint Session on this the 17th day of April, � 1979 , at 7 : 30 P .M. with the following members present to-wit : � William D. Tate Mayor David A. Florence Mayor Pro-Tem C. L. "Larry" Oliver Councilman L� Doil Dalton Councilman � William Shafer Councilman � Ted Ware Councilman � constituting a quorum with Charles Dunn absent , with the following � Planning & Zoning Commission members present to-wit : � t � Harlen Joyce Acting Chairman � Robert Sands Member � Bob Stewart Member z Jerry Burgess Member ` � � constituting a quorum with Dwayne Rogers absent , with the following � City Staff Members in attendance : }' James L. Hancock City Manager � Bill Eisen Assistant City Manager ;` John F. Boyle , Jr. City Attorney " Shirley Armstrong City Secretary # CALL TO ORDER = , F The meeting was called to order by Mayor Tate. � INVOCATION � � The Invocation was delivered by Reverand Albert Warnken, Memorial r Baptist Church. � � � INTRODUCTIONS E � � � City Manager James L. Hancock then introduced and wel.comed the new � Assistant City Manager, Mr. Bill Eisen. � �: � Mayor Tate introduced members o� the Planning & Zoning Coznmission to � the audience and explained the procedures of the Joint Meeting. � ; PUBLIC HEARING - ZONING APPLICATION NO. Z79-12 � � The first order of business was for the City Council and Planning � and Zoning Commission to reschedu�.e a Public Hearing relative to : Zoning Application No. Z79-12 submitted by Keith Cecil & Associates . r � Mayor Tate declared the Public Hearing open. � � The City Secretary explained that she was in receipt of a letter from �' the applicants requesting that the Public Hearing be postponed until 1 May 15 , 1979 . � There being no discussion, Member Jerry Burgess made a motion to � � recess the Public Hearing relative to Zoning Application No . Z79-12 3 until May 15 , 1979. The motion was seconded by Member Robert Sands � and prevailed by the following vote : � F Ayes : Joyce, Sands , Stewart , and Burgess ;' Nays : None � Absent : Rogers � f Councilman Ware then made a motion to recess the Council ' s portion � of the Public Hearing on Zoning Application No . Z79-12 until May 15 , � 1979 . The motion was seconded by Councilman Florence and prevailed � � � � } �: � � k by the following vote : 04/17/79 Ayes : Tate, Florence, Ware , Oliver , Dalton, and Shafer Nays : None Absent : Dunn PUBLIC HEARING - ZONING APPLICATION N0. Z79-9 ' The next order of business was for the City Council and Planning and Zoning Commission to hold a Public Hearing relative to Zoning Application No. Z79-9 submitted by the Texas Pre-School Corporation. Mayor Tate declared the Public Hearing open and called upon the City Secretary to ��explain the request. She noted that the property � in question was located at 210 Starnes Street with a current zoning of "R-1" Single Family Dwelling District. The requested zoning was ; "C-2" Community Business District . � Mrs . Elizabeth St. John, applicant, explained that plans were for a pre-school establishment to accommodate approximately fifty (50) children with a retail speciality shop to include the sale of limited school supplies and arts and crafts items . She added that a circular drive was planned for the front of the facility with a fenced back � yard. I Mayor Tate asked if there guests present to speak for or against the application. There were none. The City Secretary reported that the following neighboring property owners had telephoned to express their ! opposition to the application primarily because of additional traffic : Mrs . L. B . Rice, 225 North Starnes ; Mrs . L. H. Warre, 226 North Starnes ; and Mrs . Roy Camp , 216 Starnes . ' Following a short discussion among members of the Planning and Zoning Commission and City Council, Planning & Zoning Member Bob Stewart made a motion to close their portion of the Pub�ic Hearing . The mo- tion was seconded by Member Jerry Hurgess and prevailed by the fol- ' lowing vote: a " Ayes : Joyce, Sands , Stewart , and Burgess Nays : None , Absent: Rogers Councilman Oliver then made a motion to clase th.e Council ' s portion of the Public Hearing. The motion was seconded by Councilman Dal.ton and prevailed by the follo�ing vote : Ayes : Tate , Florence , Ware, 0liver, Dal.ton, and Shafer Nays : None Absent : Dunn PUBLIC HEARING - ZONING APPLICATION NO. Z79-10 The next order of business was for the City Council and the Planning and Zoning Commission to hold a Public Hearing relative to Zoning Application N�:�. Z79-10 submitted by TnTillard R. Baker Company. Mayor Tate declared the Public Hearing open, and asked the City Secretary to explain the applicant ' s request. She advised that the 8. 34 acre tract in question was located on Highway 157 severa7. hundred feet north of Timberli.ne Drive. She noted th.at the present zoning was "R-1" Single Family Dwelling with the requested zoning being "C-2" Community Business District. Mr. Willard Baker then made a presentation expl.a�ning that the in- tended use of the majority of the property was apartment d�zellings , but that the "C-2" zoning was requested to be more in conformity ti,rith adjacent property zoning. He added that approximately 225 ' west of the Highway 157 right-of-way take line woul.d be used commercially. He added that the line might vary a little dur�.ng tigfiten�ng of di- mensions while attempting to request a building permit for Phase II of the apartments . He noted that a building permit for Phase II would be requested prior to the cut-off date previous7.y discussed re- lative to the new parking requirements . He noted that he had not � 04/17/79 � attempted to determine a fixed line between the "R-3" and "C-2" ; uses because he did not want to make any presentation tfiat would � make anyone feel he was trying to move any at a11 over the sub- �: mission previously made to the City as to Phase I, Phase II . � � Mr. Baker continued to say that working drawings were being pre- � pared on Phase I , and that the building permits for Phase I and � Phase II would be taken out at the same time , although Phase I $ might lead Phase II by a few weeks . He added that construction t time on the two phases would be staggered, mainly because of the y ability to borrow very large sums of money at one time. ` � Questions were then in order from the Planning and Zoning Commis- � i sion. Chairman Joyce then asked if the apartments would be re- � � quired to have the new number of parking spaces as set out by � the recently Multi-Family parking requirement ordinance. Mr. Baker � answered no , because these were the apartments discussed under the �. exception ordinance, and that he had already inventoried and bought � the land. � � There were no questions from the City Council . � � Mayor Tate asked if there were guests present to speak for or against the application. There were none . ` � There being no further discussion, Member Bob Stewart made a motion � to close their portion of the Public Hearin.g. T�e motion was seconded by Member Robert Sands and prevailed by the following vote : � Ayes : Joyce, Sands , Stewart , and Burgess i. Nays : None i Absent : Rogers � Councilman Shafer then made a motion to close the Council' s portion � of the Public Hearing. The motion was seconded by Councilman Florence and prevailed by the following vote : � � Ayes : Tate, Florence , Oliver , Dalton, Shafer, and Ware `' Nays : None � Absent : Dunn � � PUBLIC HEARING -ZONING APPLICATION N0. Z7�-11 � � � The next order of business was for the City Council and the Planning � and Zoning Commission to hold a Public Hearing relative to Zoning � Application No. Z79-11 submitted by Gordon M. Nettleton. �: � E � Mayor Tate declared the Public Hearing open. { The City Secretary explained that the tract contained approximately 12 . 42 acres and was located on the South side of H.ighway 121 just # to the west of Doss-Knight Road. She noted that the present zoning ¢ of the property was "R-1" Single Family Dwelling District and the � requested zoning was "I-1" Heavy Industrial D�.strict Zoning . ` 4> t Mr. Nettleton then gave a short presentation explaining that the r intended use of the property was for a wholesale landscaping supply x and fencing material , more basically, storage. He noted that a � large portion of the property was in the flood plain area. � t There was little discussion from the Planning and Zoning Commission , and City Council. r � : � Mayor Tate asked if there were guests present to speak for or against � the application. Mr. Bill Lindsey, representing adjacent property � owners Gary Kirkland and Walt Beach, stated that they were opposed � to the requested zoning , primarily because of appearance and the de- � grading of their property. " � There �aas no further dis�cussion. � � i Planning & Zoning Commission Member Jerry Burgess made a motion to F ciose their portion of the Public Hearing. The motion was seconded p � � s , ;, 5 � � �' 04/17/79 by member Robert Sands and prevailed by the following vote : Ayes : Joyce, Burgess , Sands , and Stewart Nays : None i Absent : Rogers j Councilman Florence then made a motion to close the Council ' s por- tion of the Public Hearing. The motion was seconded by Councilman Ware and prevailed by the following vote : � Ayes : Tate, Florence, Oliver, Ware , Dalton, and Shafer � Nays : None = ,( Absent : Dunn END OF JOINT PUBLIC HEARING s ; � The Planning & Zoning Commission then recessed to the Conference Room to discuss further business . The City Council recessed for five minutes , then reconvened in the Council Chambers to proceed with further published agenda items , :i with all members present except Councilman Dunn. � MINUTES The next order of business was consideration of the minutes of ; April 3 , and 9 , 1979. There being no corrections or additions to the minutes , Councilman Ware made a motion to waive the reading of the minutes and approve them as published. The motion was seconded by Councilman Shafer and prevailed by the following vote : , Ayes : Tate, Florence, Oliver, Ware, Dalton, and Shafer Nays : None Absent : Dunn i CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS ;AND DI:SCUSSI,ONS Mr. J. K. Newell appeared before the Counci�l and presented an ad- ditional petition relative to the boundary settlement between the , City of Colleyville and the City of Grapevine. Mr. Newell stated that he did not understand why the City of Grapevine wanted to give up some of its citizens to the City of Colleyvill.e. Mayor Tate responded that the City of Grapevine was recently in- volved in a very costly lawsuit during which a 7.arge portion o� the Grapevine area could have been lost to other neighboring cities . He added that a boundary settlement must be reached in order to prevent such litigation in the future. Mr. James E. Anthony, a property owner in the area under boundary dispute asked if the aforementioned lawsu�.t �nvolved only the C�ty of Grapevine and Colleyville. Mayor Tate ansiaered that Mr. Anthony was involved in the litigation through the District Attorney as a party plantiff against the City of Grapevine. The Mayor added that the City received no support from anyone in that area to try to end the litigation. He continued to say that the City of Grapevine must have a boundary that is defendable in court. Mr. Anthony then asked if his present zoning of "C-2" would be hon- ored if he was annexed into the City of Colleyville. The City Attor- ney answered that any use would be a non-conforming use, but that zoning on newly annexed territory in almost al1 cities �e11 under that city' s lowest zoning category. Mr. Anthony asked that in any future negotiations , relative to a boundary settl.ement , a request be made to allow present zoning categories to remain the same. Mayor Tate stated the Boundary Committee of the two cities would meet again and make known the position of the res�dents o� the area in question. t � � 04/17/79 ORDINANCE - REVISED PARKING REQUIREMENTS - E�FECTIVE DATE ; The next order of business was for the City Council to consider an E amendment ordinance relative to the effective date of the revised � parking requirements in Mu1ti-Family Districts . E i i The City Secretary then read the caption of the proposed ordinance . �' � Councilman Ware asked if the ordinance as prepared would apply to Mr. Baker' s PhaSe II , pertaining to land that is actually zoned "R-1" f at the present time. The City Attorney answered that the ordinance as drafted made no : reference to zoning categories . He added that the criteria that ` must be satisfied in order to come within the changed effective � � date are that prior to February 20 , 1979 , permanent financing must � have been obtained on the proposed project based upon the previous � parking requirements . The second criteria was that the developer =. must have obtained written approval of the proposed plan from the City prior to that time based upon the then existing parking re- '' quirements . The third requirement was that a building permit be : obtained prior to June 30 , 1979 . He added that he understood the � revised ordinance applied only to the projects of Mr. Ticknor and ; Mr . Baker. He added that he was not aware of the scope of the � written approval of the City, nor with the details of the finance � received prior to February 20th. The City Attorney further stated � that it would seem difficult to obtain financing three or four months = prior to constr�a.ction on property that was not adequately zoned for � the proposed project. � � G Councilman Oliver stated that he had reservations from the beginn- s ing about allowing the exceptions , and could not help being con- f cerned about the three-hundred and eighty-nine (3$9) families who � would be living in apartments where the necessary fire lanes were � questionable. He added that because of that reason, he would vote , against the proposed ordinance. , � � There being little discussion, Councilman Dalton made a motion to adopt the amendment ordinance. The motion was seconded by Council- man Shafer and prevailed by the following vote : k €' , Ayes : Tate, Florence, Shafer , and Dalton t Nays : Oliver and Ware � Absent : Dunn �. � ORDINANCE N0. 79-19 AN ORDINANCE AMENDING CZTY OF GRAPEVINE ORDINANCE N0. 79-4 PASSED ON THE 20TH DAY OF FEBRUARY, 1979 RELATING TO THE PARKING REQUIREMENTS FOR MULTI- � � FAMILY DISTRICTS IN THE ZONING ORDINANCE BY AMEND- � ING THE EFFECTIVE DATE OF THE ORDINANCE FOR THOSE � PROJECTS THAT HAD OBTAINED APPROVAL OF �ERMANENT � FINANCING AND THAT HAD RECEIVED WRITTEN PRELIMINARY � APPROVAL FROM THE CITY PRIOR TO THE EFFECTIVE DATE; s PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE ; AND DECLARING AN Er�ERGENCY € i � SIGN SETBACK ORDINANCE p w: The next order of business was for the City Council to cons�der i an amendment ordinance pertaining to sign setback requirements . � The City Secretary read the caption of the proposed ordinance`, and � the City Attorney explained its contents . �' � Councilman Florence made a motion to adopt the proposed ordinance. s The motion was seconded by Councilman Ware and prevai�.ed by the � following vote : � � Ayes : Tate, Florence, Oliver, Dalton, Shafer, and Ware = Nays : None � Absent : Dunn � � � � � � ; � 04/17/79 ORDINANCE N0. 79-22 AN ORDINANCE AMENDING THE BASIC ZONING ORDINANCE OF THE CITY OF GRAPEVINE BY AMENDING SECTION 9 OF THE GR.APEVINE CITY CODE RELATING TO SIGNS BY AMEND- ? ING THE SET BACK REQUIREMENTS FOR GENERAL BUSINESS ' SIGNS IN "C-1" AND C-2" ZONING DISTRICTS ; PROVIDING � A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DE- CLARING AN EMERGENCY � INDIAN HOUSING PROJECT - RESOLUTION � The next order of business was for the City Council to consider a resolution relative to an Indian Housing Program. � Assistant City Manager Bill Eisen explained that the resolution j would authorize the City Secretary to publi.sh notice of the City's intent to enter into a cooperative agreement with the Housing Authority of the Texas Intertribal Indian Housing Agency of Texas . The notice would state that at the expiration of sixty (60) days from the date of the first publication, the City would hold a : Public Hearing to determine whether or not to enter into the co- � operative agreement . Mr. Eisen then briefly explained the contents j of the agreement . Following a short discussion, it was the general concensus of the � Council, that they would prefer not to make a decis3.on until they ' had more information relative to the results of the program in other cities . � Councilman Dalton made a motion to table the item pending further study. The motion was seconded by Councilman Ware and prevail.ed by the following vote : ti Ayes : Tate , Florence , Ware , Oliver, Dalton, and Shafex � Nays : None Absent : Dunn CONTRACT - TRINITY RIVER AUTHORITY � The next order of business was �or the. City Counci7. to consider entering into a contract with Trinity R�.ver Auth.ority. � City Manager Jim Hancock gave a brie� hi,story and exp].ained the contents of the contract. (See Exliibit "A" attach_ed hereto and made a part hereof) Following a short discussion, Council.man Florence made a motion to approve the contract and authorize the Mayor to execute same on behalf of the City of Grapevine. The motin was seconded by Councilman Oliver and prevailed by the foll.ow�.ng vote: Ayes : Tate, Florence , Ware, Oliver, Dal.ton, and Shafer Nays : None Absent : Dunn RESOLUTION - TRAFFIC SIGNALS - PARK BLVD. , DOVE ROAD The next order of business was for the City Council to consider a resolution requesting the Texas Highway Department to construct { '� traffic lights on West Northwest Highway at its intersections with Park Boulevard and Dove Road. The City Secretary explained the contents of the proposed resolution. Police Chief Bill McLain advised the Council o� the reasons relating to the requested traffic signals . There being little discussion, Councilman Oli�ver made a motion to adopt the resolution. The motion was seconded by Councilman Shafer and prevailed by the following vote : 04/17/79 � f s � z @ Ayes : Tate, Florence , Oliver , Ware , Dalton and Shafer � Nays : None �; Absent : Dunn x F � i= RESOLUTION N0. 79-10 F� [_ � A RESOLUTION URGING THE DEPARTMENT OF HIGHWAYS 4 AND PUBLIC TRANSPORTATION OF TEXAS TO EXPEDITE � HIGHWAY SIGNALIZATION AT CERTAIN DESIGNATED LO- k CATIONS WITHIN THE CITY LIMITS OF GRAPEVINE , TEXAS � , RESOLUTION - FIRE FUNDS FROM COUNTY r � � The next order of business was for the City Council to consider � ;' a resolution accepting County funds in return for providing fire � protection to real and personal property outside the City of � Grapevine boundaries . �. The City Secretary explained the contents of the resolution. City Manager Jim Hancock advised that the County would provide ; $3 , 000 . 00 to our City for providing fire protection to real and personal property outside the boundaries of Grapevine. He added �: that the resolution was one that was brought before the Council � on an annual basis . Councilman Ware made a mation to adopt the resoluti.on accepti.ng � the $3 , 000. 00 from the County. The motion was seconded by Council.- � man Dalton and prevailed by the following vote : Ayes : Tate, Florence , Oliver, Dalton, Shafer , and Ware ; Nays : None � � Absent : Dunn � � RESOLUTION N0. 79-11 � � A RESOLUTION AUTHORIZING ACCEPTANCE FROM THE COUNTX f FUNDS IN RETURN FOR CITY OF GRAPEVINE �ROVIDING FTRE � PROTECTION TO REAL AND PERSONAL PROPERTY OUTSIDE THE � CITY' S BOUNDARIES = i � PAYMENT AUTHORIZATION - STREET CQNSTRUCTTON � The next order of business was �or the City Council to consider � � a authorizing payment for the City' s portion of street construction � adjacent to City owned property. ' � The City Manager explained that payment was for the City' s portion � of the construction of a street north into Hood Ridge Estates and � La Paloma Estates from Dove Road. Mr. Hancock further explained � that the City' s portion amounted to $21 ,300 . 76 , payable to the � developer, Tate Custom Builders , Inc . °r € Mayor Tate stated that although he had no �inancial interest in the � project , he was a cousin of the developer , there�ore disqualified � himself from the discussion and asked Mayor Pro-Tem Florence to � proceed. £ � There being little discussion, Councilman Ware made a motion to � authorrze° the City Staff to make the necessary payment �.n the amount � of $21 , 300. 76 . The motion was seconded by Councilman Dalton and � prevailed by the following vote : r ; S Ayes : Florence , Ware, Dal.ton, Shafer, and Oliver �: Nays : None �' Abstain: Mayor Tate Absent : Dunn PAYMENT AUTHORIZATION - OVERSIZED WATER AND SE�IER MA.�NS x , The next order of business was for the City Council to consider ; authorizing payment for the City' s portion of oversized water and � sewer mains in Boyd Center. � � � � � E s � pr f,' � 04/17/79 The City Manager explained that the developer, Mr. Page had agreed to pay for the six inch water line and six inch sewer line as needed for his project. The City, however, felt that for future development to the north, an eight inch water line � and a twelve inch sewer line were needed. The City' s portion � of the oversizing would amount to $8 , 748. 00 . Councilman Dalton made a motion to authorize the payment of the $8 , 748. 00 relative to the over sizing of water and sewer lines j in Boyd Center. The motion was seconded by Councilman Florence and prevailed by the following vote : 9 Ayes : Tate, Florence, Oliver, Dalton, Shafer, and Ware Nays : None Absent: Dunn � ZONING ORDINANCE - APPLICATION N0. Z79-9 The next order of business was for the City Council to consider the recommendation of the Planning and Zoning Commission and a subsequent ordinance relative to Zoning Application No . Z79-9 . � City Engineer Jim Baddaker reported that the Planning & Zoning ' Commission unanimously recommended approval. � The City Secretary read the caption of the proposed ordinance. Following a lenghty discussion, Councilman Florence made the following motion: To change the zoning to "SP" Specific Use Permit District Zoning incidental to the operation of a day 1 care center, as defined in "R-3" Mu1ti-Family Dwel.li.ng District and other uses as permitted under "C-1" Neighborhood Business District Zoning. The motion was seconded by Councilman Ware and prevailed by the following vote : i 1 Ayes : Tate , Florence, 0liver , Dalton, Shafer, and [nTare Nays : None Absent : Dunn i ORDINANCE N0. 79-21 AN ORDINANCE AMENDING ORDINANCE N0. 70-1Q , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BETNG ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVI.NE, TEXAS , GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCR�BEA AS BEING A LOT, TRACT OR PARCEL OF LAND DESCRISED AS BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE J. H. HALL ADDITION, GRA1'EVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIB�ED IN THE BODY OF THIS ORDINANCE , ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT T0 "SP" SPEC��IC USE PERMIT DISTRICT ZONING INCIDENTAL TO THE OPERA- TION OF A DAY CARE CENTER, AS DEFINED IN "R-3" MULTI-FAMILY DWELLING DISTRICT ZONING, AND OTHER USES AS PERMITTED UNDER "C-1" NEIGHBORHOOD SUSINESS DISTRICT ZONING; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER- ABILITY; DETERMINING THAT THE PUBLIC INTERESTS , MORALS , AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MA,DE; PROV�AING A PENALTY; AND DECLARING AN EMERGENCY ZONING ORDINANCE - APPLICATION NO. Z79-1Q The next order of business was for the City Counc�.7. to consider the recommendation of the Planning and Zoning Commission and a subsequent ordinance relative to Zoning Application No. Z7�-10 . City Engineer Jim Baddaker stated that the Pl.anning and Zoning Commission recommended that the eastern section of the property € � � � � 04/17/79 � 225 ' from the highway right-of-way take line be zoned "C-2" � Community Business District Zoning and the remainder of the s site be zoned "R-3" Multi-Family Dwelling District. " r Mayor Tate stated that some of the Councilmen were concerned that the property to be rezoned would be included in the amend- � ment ordinance as an exception relative to the new parking re- � quirements in Multi-Family Dwelling Districts . Mayor Tate asked , : Mr. Baker what his basis was for feeling that Phase II should come within the parking requirements prior to February 20th. '' Mr. Baker answered that all of the economic determinations { were made and property had been bought. Mayor Tate asked if = Mr. Baker had bought and closed on the tract being considered � for rezoning. Mr. Baker answered yes , that the property had �� been bought subsequent to filing the zoning application, g { Mayor Tate stated that he felt the question was whether or not � Mr. Baker was entitled to the benefit of the o1d parking require- { ments on property that was not properly zoned at the time the � L ordinance was entered into. He added that the exception to the ; new parking requirement ordinance was passed on I�Zr. Ticknor and � Mr. Baker' s behalf to prevent undue hardships . � , �- Mayor Tate then asked Mr. Baker if he had his finance comznittment � on Phase II. Mr. Baker answered that he had his finance committ- k ment on Phase I that would be expanded to Phase II . � � Mayor Tate asked if the plot plan had been filed on both phases . � Jim Baddaker answered that the plans were at Freese & Nichols � Engineering Firm at the present time where the sewer desi.gn lay- _ outs were being pursued. ' � , Councilman Oliver asked Mr. Baker if he had stated that he did not ` have his financing on Phase II as of yet . Mr. Baker answered no , � that it was intended from the beginning that Phase I financing ;: would be expanded into Phase II. Mr. Oliver asked aga�n �.� � Mr. Baker had his financing for Phase II. Mr. BaY�er^a�.sw��ed�.no. � Councilman Oliver then stated that it was his understanding that ; Phase II would not receive the benefit of the exception ordinance � pertaining to required parking spaces . t. � Mr. Baker stated that he had very diligently sought out all of the requirements of the City, and at no t�.me was he led to believe � that Phase II would not be included in the exception. �: Councilman Ware stated that he found it hard to believe that per- f manent financing had been obtained on property that Mr. Saker � neither owned nor had proper zoning upon. Councilman Florence added that he would not argue the fact that ; "R-3" was a suitable zoning category for the property in question, � but that he felt �� needed to be pointed out that under the terms � of parking ordinance , apparently Mr. Baker would have to go with � the new parking requirements for Phase II. �: � Mayor Tate asked Mr. Baker when he planned to start construction ' of Phase II. Mr. Baker answered that the intent was to start < approximately six months after the start of Phase I. Mayor Tate r stated that it seemed, in every respect , that �'hase I and �fiase II were being handled as seperate projects . He added that he � had serious doubt as to whether or not Mr. Baker would be en- �- ` titled to the provisions of the exception ordinance on Phase II. ` The City Secretary read the caption of the proposed ord�nance � as related to the recommendation of the Planna�ng and Zoning � Commission. r � � Councilman Florence then made a motion that the ordinance be adopted. _ The motion was seconded by Councilman Ware and prevailed by the ; following vote : � r Ayes : Tate, Florence, Oliver, Dalton, Shafer, and Ware ; Nays : None i Absent : Dunn � � �: 3 �: 04/17/79 ORDINANCE N0. 79-18 AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS � TITLE 10 OF THE CITY CODE OF GRAPEVINE , TEXAS , � GRANTING A ZONING CHANGE ON A TR.ACT OF LAND DE- � SCRIBED AS BEING A LOT , TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE W. D. SHEPHARD � SURVEY, ABSTRACT N0. 1393 , IN THE CITY OF � GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE, OR- j� DERING A CHANGE IN THE EAST TWO-HUNDRED TWENTY- FIVE FEET (225 ' ) OF SAID PROPERTY FROM "R-1" � SINGLE FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT ZONING, AND THE � REMAINDER OF SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "R-3" MULTI- FAMILY DWELLING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PRO- � VIDING A CLAUSE RELATING TO SEVERABILITY; � DETERMINING THAT THE PUBLIC INTEREST, MOR.ALS , AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE, �ROVIDING A � PENALTY; AND DECLARTNG AN EMERGENCY � ZONING ORDINANCE - APPLI:CATION NO. Z79-11 The next order of business was for the City Counc�l to consider the i recommendation of the Planning & Zoning Commission and a s�ubsequent ordinance relative to Zoning Application No. Z79-:ll. City Engineer Jim Baddaker reported that the �lanning & Zoning � Commission had recommended that "I-1" Light �ndustr�,aJ. Zon�ng � :� be granted rather than the requested "I-2" Heavy Industr�.al Zoning. The City Secretary read the caption of the ordinance in accordance � with the recommendation of the Planning & Zoning Commission. Councilman Ware then made a motion to accept the recomrmendation o� the Planning & Zoning Commission and adopt the ordinance. The motion was seconded by Councilman Shafer and prevailed by the following vote : Ayes : Tate , Florence, Ol.iver , Dalton, Sha�er, and Ware Nays : None Absent : Dunn ORDINANCE N0. 79-20 AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE Ok' THE CITX OF GRAPEVINE , TEXAS , SAME BEING ALSO KNO�niN AS TITLE 10 OF THE CITY CODE OF GRA�EVINE , TEXAS , GRANTING A ZONING CHANGE ON A TR.ACT pF LAND DESCRIBED AS BEING A LOT, TRACT OR P�,RCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, , TEXAS , BEING A PART OF THE J . N. GIBSON SURVEY, ABSTRACT N0. 591 IN THE CITY OF GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODX OF THIS ORDINANCE , ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-1" SINGLE FAMILX ATiJELL- ING DISTRICT TO "I-1" LIGHT INDUSTR�AL DISTRICT ZONING; CORRECTING THE OFFICTAL ZONING MAP ; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITX, DE- TERMINING THAT THE PUBLIC INTERESTS , MORALS , AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMEND- MENT THEREIN MADE ; PROVIDING A PENALTY; AND DE- CLARING AN EMERGENCY � � , � , , 04/17/79 � 4 FINAL PLAT - THE WOODS � The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative � to the Final Plat of The Woods . � � � Mr. Baddaker reported that the Planning & Zoning Commission had k recommended approval as submitted. ` Councilman Florence made a motion to accept the recommendation � of the Planning & Zoning Commission and approve the Final Plat � of The Woods. The motion was seconded by Council.man Ware and ; prevailed by the following vote : : � � � Ayes : Tate, Florence , Oliver, Dalton, Shafer, and Ware � Nays: None � Absent : Dunn i � MISCELLANEOUS COMMENTS k Mayor Tate stated he wanted to commend the Chief of �olice for excellent enforcement of the boat noise ordinance. � t � f ADJOURNMENT � There being no further business to come before the Council , Counci7.- � man Dalton made a motion to adjourn. The motion was seconded by � Councilman Shafer and all in attendance voted aye. �� PASSED AND APPROVED on this the �s� day o , 1979 . � � .<-./`�� Mayor ,� ' ATTEST : �; � � � l 4 � , � City Secr r � � � ; � � � � � r ;: � � � r c � s i � � S � t' _: � 4 � t i EXHIBIT "A" Tuy ST�TE OF T�:�?� . . COUNTY OF TaR��1T . :i `T'HIS CONT:�ACT (her=izafter call�d "Con�ract" ) datecz and 1 enter�d i�to as oi the 25th dav of APRIL, 197� , by and be- ' tween Trinitv R.iver Author��ty or Texas , a goverrsnenta� agency and a body volitic and corporate, cr�ated and iunctioning - _ 3 unaer Cha�ter �i8 , acts of the Regular Session of the 54tn � ' Legisla�ure , as amerded (�ne "Authority �ct" ) oursuant to �� . �rticle XVZ� . Section 59 of the Constitution of .�Texas (herein called "Authority" ) , and the CITY OF GRRPEVINE , Texas, a . . city duly incorporated uncier the laws of the State of Texas ; (the "City" ) . � � . . . . . . . � . �� : - � i .. . . - , . . . .. � � . . . T�nT I ..T _N..E S S E �T ��.: �� . .. . . . 6vHEREAS , the Authority has constrL�ted facilities in Tarrant Countv sor the purpose or supply trea�.ed watzr to cities and others; and � � WHEREAS , City owns ar_d operates its water distribution sys- � tem and is in need oi an additional source oi= wat�r supply; ar.d ; � l WHE��S , the Au�noricy has '�ezeLOiore entered into water SL�IJly contrac�s , eac:� datea January 22 , 1972 , and amended as of January 22 , 197� , wicr� the Cities o� Be�`ord and Eul`ss, which are de=ined as Contracti�g P�r`ies in said cor.�.racts , � which Dermit �.he �utnority to contrac�. with additior_al Cont=act- � ing Parti�s , as desi�ed in said contracts ; a?:d � WH�RFAS , tne City of Grapevine is such an Additional Con- � tracting Party und�r said contracts and will become a Contract- � ing Party un�er this contract; and p WhEREAS , contracts similar �o this Contract are being �:c- � ecuted with otner cities wnich are Additional Cont�actiny Par- ` � ties under said contracts and will become Contracting Parties � as defined in �^is Contract; ar.ci 'j 6�HE�AS , City and authori�y are 3utnorized �.o en�er �n�o t'r��s Contract pursuant to �'ze AuthoriLV act, V`rnon ' s ann. T�x. Civ . St. Article 4413 (32c) , and otner apolicabl� ?ac•rs ; anc rM�ir,t��iis � c�il�.hority D�OJOS25 �`.O 1.SSll° 1 LS �OP.C.S i0� �.t12 �llr'- cose of cons�._ucting facilities �o enable i� to sutiply rreated �aater to City and �.o ot�ers , in accordar:ce wiLh a re�o=t o� Kl-�owlton-Ratlifs-English-Collil^s , Consul�ing �:�gir.eers , entizled � Report on Proposed 3ed�ord-Eul�ss T�vater System to Trinitv Ficr2r Authority of Texas , dated July, 1971 , as supplemented by a docu- � � ; ment dated August, i978 , entitled "Supplemer_t to the Er_gineer�ng �' Re�ort on P;oaosed Bedford-Eul�ss 'r�ater Svst�� which was Da�ed � ; � :; Julv l , 1971" , pr�pared by Knccalton-English-Flowers , Inc. , Con- � � sulting Engirsers , ar_d as zuYther supplemen�ed by a cocu�ent � ; G7dt2C1 April, 1979 , er.titled ��"'rlril.tV �1V�?" �utl"lOT'1tV Oi T°X�S Tarrant Courtv Wat�r Proj�c� Transmiss_on �'acili*�i`s �or Serving .;�, Cclleyvilla_ , Gra�evine , a�-�d North R_�c�la�� Hilis " , �y Knowiton- E�glish-Flowers � 13:C. � Cons�11�_L=:� �?7C�ine�rs , d27C1 dS ti1° r0'_��CO- 1;1CJ repor� dI74� SllDA-2_T?12'_'1�S T�dy.' �E..' 3:?2nG�°C� Or SL'L^.D!°77l°i1�2C� ?rior � to the execution of cons�.ruct�cn cor.tracts ar.3 as c�anged by $ change orders entere3 a�ter co.r.�truction cor.t;ac�s �ave b=�r_ EX�Clit°f�� Or 3S �llCi7 r?port .:1.Ci £llZ7D iciT12_^_�S I"iid17 be z*nended C� supplementeC� �O jJrOVi C12 expan3Fd S2Y'V1C° L� �:7E i'1Lll?"2 (n=ra_n collectively call?d "�,r.ginP�r�.na Repert" ) ; ar.d wEEREAS , it is desirable ar.d nece�sary �o �_ty tzat Au��-_or- ity suppiy watar to City; �: � . i -1- d ' � { � � � - ' : � - � _ .. . . _ . . . . . �. � ' � � VCW, TH��FOF.E , i:� consi:eration o� �^e �utual cov�nants �? dI1Q 3�jZ'E..-'E.'I112T1LS �?Z'°11'] conrair_ed� �U`:70i1�y dQ=2°S �� Y�dI14 � tne Proj ect in accordanc� wi tn ��e Engi:e�rizg �epor� ar.d �o � supoly water to City,. and City acr�es �o �ay �u_�ori�y ior water � supplied upQn �e?-ms and conditions he�eir.a�t�r szt rorth, =o-=Nit : � � � Section l. DEFINITION OF TERMS . Terms and ex�r�ssions as used in `his Contrac� , unless the context c1�arly shows � otherwise , sha11 �zave . t�e �ollowing. meanings-: . . . - . _ ; ; . . A... "Additional Contract.ing Party" . :�eans any party r.ot de- k' `; � fined �as�� a Contracting� Party wi�'� ;�norri au�nor_ty �nakzs a con- � ' : . tract for supplying �.reated wazer througn the P�oj ect. � •�.� . . . . .. . . . , . . . �. � . . i B�. "Adjusted Annual Payment" ;neans the A.nnual Paynent, as adjusted dLe to service to Additional Contracting Pa,ties � and/or as required during or a�ter each riscal Year . ` ; #. ; C. "Annual Payment" means the amount of money to be paid � to Autnority by City as it$ proportionate share of tne �nnual ` Requirement. _ 4 e � D. "Annual Requir�Tnent" means t�e �otal amount of money � required �or Authority �o pay all O�eration and �?a�ntenance Ex- � � oense of the Project, to pay the debt servic� on i�s Bonds , and t to pay any anounts requi�ed to be �eDOSited in any s�ecial or £; reserve �unds reauired to be established and/or maintained by � tne provisions oi the Bond Resolution. � � • E. °Bond Resolutions" T,eans tne resolutions o� Autnori�y � which authorize tRe Bonds . � � ' F. "�OI1C35�� neans L'1G revenue DOIIC�S heretoror2 d:7C1 ;':2123i� � ` issued by Authority, whetner one or more issues , and tne interes; � ' coupons appertaining ther�to , in connection with �he acqLisitio � ; construction, improvement, betterment, and extzr_sion oz '��ze Pro- � ject, and any bonds issued to refund any Boncs . The outs�andi:�g � Bonds hzreto�ore issued are the Aut.zorit_y ' s Tarrant Coun�y P=o � � ject Revenue Bonds , Series 1975 and Series 1979 . � � � � �. G. "ConLracting Parties" ;neans the Ci�ies or Bed;ord, � EL12SS , Colleyville , Grapevine, and Nortn Richlan� H_�ls . � s ; ' i3. ��1SCd1 v°dZ'�� it1E371S Lt?2 ilSC31. �°dr OL �llL7011 ,`.y� � wnich is Decemi�er 1 �.hrougn �•1av?m;.^er 30 . r I. "Operation and �Iaint2nance Ex�ensz" means all costs ; � of operation and maintenance of the Project includin5 (�or � greater certainty but without li;niting the generality of the } for�going) repairs and reolacements for wnicn r_o s�ecial =und � is creat`d in the Bond Resolutions, tne cost or , raw wat�r, � E llt111`12S , supervis1071, 2I1.�"j111�ering, dCC011i7L1IICJ , audi�1P_C'j � 1°gal S2Z'V1C°S � �I1C� di1V other SL'�D�125 � Sc''rV1C2S , admin_sLY'3- � `s � tive costs, and equipment necessary for �ro�er operation and �i ii1d1i1L°I1dI1C° Oi Ll7e t'��O��Ct, d11C1 payments P.1dG�i2 DV ALl�!"iOZ'1�V ].I7 �: � ; satisfaction of judgr,ten�s r�sul�ing �rom claims r.ot covered by � � �uthority ' s insurance or r_ot oaid by a ContracLing ?ar�.v or � k Parties arising in connzc�ion wi�.h Lhe operation and ma;nt�n- � ance of tne Project. Tze �.er:n also inclu�es y�e c'�ar5es o� _:ze � � bank or ban.'{s TNhere the Bor_ds are payable. , t' ; J. "Project" n�ans all water sup�lv facili��es desc�;�ed �: i: t'�e yngineering Report. + ; Section 2 . Qli�vTIT�_', QUA�,ITY , POINiS OF DELIVERY, �IE�SliR- �VG EQL��M��IT, L�1IT OF �.E�SUR�NTF:tT r1ND DEIJIVE�Y ?�SSliRE . '': µ ' k � j R � � � � x 4 _2_ � � s . . n6f�s �'�� i r r: a�i A. QUAI�TITY . huthority agre�s to s2i1 and to deliver to i Ci�.y at the Delivery Point or Points :�ereir.after orovided , and � City agrees to �urchase and take at such Delivery Point or j Points treatzd water required by City during the period of ' tnis agreement for its cwn use and �or distri�ution to the customers served by City ' s distribution system, to the extent and in the amount prescribed i:� Section S (g) o` t:�is Contract. � Autnoriry will use its best e=forts to rzmain in position to �� . . . furnish. =aater_ su�ficient f.or the; r�asonable demands ot City, -. . . � but i�s obligations shall be limited to the amount of wat�r � available to i.t uncer . its raw water ; supply contract w�.th. Tarrant . � County� Water Control and Il�nprovement District Ni:mber One, e�°zc�- T � � ive April �25 , . 1979�, {the "Raw ��Tater Con`ract") , . and by its � cbmmitments to other' Contrac�i�-ig Par�ties and P_dditional C�ontr�act= � ' ing Parties , and further by tne provisions o= �he Authority ' s other water supply contract, ef;ective July 27 , 1971 , with the aforesaid District. ., B . QUALITY. The water to be delivered by Authority and received by City shall be potable treated water meeting appli- cable purity standards of the Texas Department of Health Re- ; sources . City has satisfied itself �that such caat�r will be j suitable for its needs . C. POINTS OF DELIVERY. The Paint or Points of Delivery into City' s distribution system shall be as desigr.ated in tne Engineering Report. 1 D. MEASURING EQUIPMENT. (a) Authority shall iurnish, install, operate, and maintain at its own exper.se the neces- sary met°ring equipment of standard type ior measuring properly the quantity of water delivered under this agreenent . Such � �� metering equipment shall be located on Authority ' s supply main �'' at a location to be designated by authority. Such meter or � meters and other equipment so installed snall remain the property � of Authority. City shall have access to such main metering equipment at all reasonable times , but the reading, calibration � and adj.ustrnent thereof shall be dor.e only by tne employees or � agents of Authority. For the pu.rpose of this agreement, the '€' original record or reading of tne main meter shall be the � journal or other record book of Authority in its oizice in whicn tne records of the employees or agents of Authority wno �ake the reading are or may be transcribed. Lpon written re- quest o� City, Authority will give Ci�y a copy of such journal ' or record book, or permit Ci�y to have access �o �ne same in the of�ice of Aut.hority during reasonable busil^ess nours . � (b) Not more than once in each calendar year, on a date as near the end of such calendar year as practical, Authority shall calibrate its main meter or �eters, if requested in writ- ing by City to do so, in the oresence oi a reorzsentative of � � City, and the parties shall jointly observe any adjustments which arz made to the net�r in case any adjustments snall be r.ecessary, and li �112 C:leCk meter PeTE'1lld;�2r provided L'Qr 11d5 been installed, tne same snall also be calibraL�d by City in i the preser.ce oT a representati�e o� �utrority and the parries shall jointly observe any adjust:nen� in c�se any adjus�ment is necessa?-y. If City shall in writi�g request Aut�ori�y to cali- brate its meters and autnori�y shall give C<ty written noLice o� the ti�e when any such calib=ation is to be �ade and a repre- sentative of Cs�.y is not �r�sznt at t^e time se�, �ut:�ori�y may �roceed with cali�ration and adjustment in tn� absenc� _ o� any r�Gresen�aLive oi C_tv. (c) If either party at a�y �il-ae observes a varia`ion be- tween a nain delivery meter and the c'r.eck meter, i� any sucn . ;: { � -3- { t . � � � i> � $ , . . . . . � � c��ck meter� sha_l be �izs�ailed , suc� oarty wi?i Dromptly nct;�y � � _he otner �arty , and t:_e parties �ere�o shall �:en �oopera�� to G �rocure an i:nmecia te cali�ra_ion tes� and �011�� observa�ion o� � any adjust:nent and the �nain meter shall t.en be adjust�d to � accuracy . Eacn Darty shail give tne o=:�er �arty rorty-eignt ' (4 8) hours ' , no�ice oi �.�e ti�-ne oz any �est oz met�r so t�at t:�e � ot:.er party may convenienciy have a r��r�sentati�e �resent . z: . " ` � (d) I`, upon any t`st, �ne �erc`nta5e of. izac�uracy of � metering egui?ment is founc to be l,'1 2YC2SS oz `�ao. pe�cent z � (2�) , registrati:on tiiereof s:�iall be cor,ec��d for a period ` ex�er.ding back to tl�e til-ne �Nnen sucn inaccuracy �egan,. iT sucn . � . . .. .._ .. _ � � • time�� is �ascerta�nabl�;`� and'� iz�� sucY� t_ine ?s '�not `ascertainanle; •�f � ^ , . � � �hen. for a period, extendi::g back one-na1T (1/2). o_. ��e ��:«e . � � elapsed .sinc� �ne.� �ast da� o= ealibratior_, flut �.n� no `ver_t �� . �� artner back tnar_ a period o° six ( 6) months . IL , =or any t reason, tne main neter is out oL servicz or out of repair so � that the �ount of water delivered cannot be ascertained or � � computed from the reading ther�or , t�=e wa�er delivered, �nrough � the period such meter is out of service or out of repair, snall ` �. be estimated and agreed upon by tne parties thereto upon �ne � basis of the best data available. For such purpose , the bes� z data available shall be deemed to be ��e registra�yon of any : check meter if the same has been i�:stalled and is accura�ely � registering. Otherwise, the best da�a available sha11 be ce�m- � ed any o�.her meTers in the �ransmission lir_e or treat.�,ent D�Z17t ;: which can be related to �he main celivery meter. i� no other ; ` meters in the svstem are ooerational whicn wi11 allow det�r- ; mir_ation oi delivered cuantity , tzen t�e amount oz wa1er de- � livered durir.g such period *�ay be es�ima�ed (i) :oy corr`cLing °` the error if the percen�.agz oi error is ascertainas�le by cal- � ibration tests or mathenatical calculation, or (ii) by zsti- � g raating the quantity of delivery by deliveries durir_g tne pre- �: � ceding periods under similar conditions when tne meter was � regis�ering accurately. � � (e) City may, at its option and its own expense, install � and operate a chec'�c meter to cneck the meter ir_stalled by 3u- � ti-�ority� }Jllt tI?2 iil°dSll�ement Oi Wdi.°Y rOr L'.^_e �ll?"T�OS2 C� ��'11S � ag=e�ment shall be solely by the Aut'r.ority ' s �eter, except in � � t:�e cases ner�ir_above specifically �rovide� to the cont�-ayy. � � Such cneck meter sna11 be oz standard �ak` a^d shall be subjzct � at all reason�ble times to inspection an� exami�ation Dy any � e��loyes or agent of Lhe Authority, but �he r�ad� ng , calibra- `. t�on ar�c adjus�:�,ent t:e�eof s:-�a?1 be :�ad� or_ly by Li-�e Ci�.y, � exce�t cu_ing any �eriod wnen a cneck :�,eL�r �ay �e L'S2C� Lnder �. t�^e �rovisions P°r_OL Tor measu=ing t:e a��ount o� water Cl°�1V2r'- ` � eG'� � lil Wi11C11 CdSe �_lE? r�dCll;lc�, cai ibratiOP., 37?� dCl] LiS�i;t°Il� P the=eoi shall be �ade by Authority wi�.h like e�iect as ir sucn � cneck meter had been furnisr.ed or installed by Au�hori�.y. � E. �T1IT OF �Lc,AS��`��IT. 1}'12 Lr.i� o; ;neas�sr�rner.�. �or � � water Zelivered hereunder s�zall be 1 , 000 ga�lor_s o� wa��r, � j li.S . Standard Lir�uid �Ieasure. ` � s: F. DELIVLRY PP.ESSURr. The water snall be celivzr�d i�y � ' Au�hority �t thz po�nt of celivery a= a �ressure su�=ic��nt Lo � � - �rd?'2Siil1� ��'?e Wdt°r 1:7L0 Li72 C1ty � S distribu�ion SVS�.°I:1. � + � Section 4 . FISC�L PROVISIONS . A. ��TavC��1G. au�^or- � ity will pay for the cost oi eY�ar_dir_g tze ProjecT ar.G wili � a 1SSll2 1 i S ,�071C:S 1i'? 3Ii1011Z1�S ^°C°SSdY'V �O �'�_7 1.Or SllC�'1 �X�di1S1Cri E '_:. caCCOr'�dP.C2 Wl�!1 _:,2 r.:1C� l.^.eerir.c R°�O��. < 4 � t B . �vNU�L P.EQli I:`cEi�.y.vm . T t is acknowiedg�d and agr��d � ��dL �dVIile?7�S �O D° ;ildC2 ll.C�Z' 'L;11S C0:1��3C'� �P_C S1Ti1��: COIl- - � �_rac�.s wi�Z oL'�e= Contractinc Parti�s ar.d Addi�ional Con�ract- �. i_�S Parties raill be the only sou_c� avai'ablz �o Au:.�ori�y to � � � € � �: t , k � I � C �� - j s . � � � �: � ! � � � � � � �: � � � g . . . . . _ . . . : : q � r ^;^ f ��r' r- ' r c� �,c 'I t� ?�y- � 3 Reaui=emen:. . _e di�.�.._ �n,.e �e _ae.�n r�__ ?_d�us d �r_nual _ i�l�?7t 3'_7.^�. '_..� ,nnL'd� '_��ymen'- � 1� �:7�1� :J;1?:7 ..~L2Z^':iP'_°C�� S�'1�.�.�1 � � D2 appii�d d5 �u C?"`C11t O?" d Cj2Jli �O Ci��7 � S 3CC011Ilt W1L�� U- � tnori`y and sha11 be crecit�d or debi�ed to Ci�y ' s nex� sub- � sequent �nonthl1 statement. � � f (ii) ror the Fiscal Year 1982 and `acn succeeding � F1SC31 Year �^e?"2d_L°r, CiL'J ' s propor�ionat� � share o� the �nnual ReqLirement shall be a per- � - � _ centage obtained py divi�izg City ' s estima�`d: : � - . ° �r°3}''cC� Wd`°� Z'°Ql:ire:ner.t =or 5llC',^. �icdi D�7 �l12 � � . ; . , . • . .tatal, es-tiia�ted treateG�" �Jdt°r �2GL11rement OL d�l � - "x' Contract�r.g Parties �or sucn year . Calculation . -�` � � of . Annual• Payment: and hdj ustec �nnual. Payment . . � �� for 1982 and each succeeding Fiscal ti�ar �.nerz- � � � after shall be determir_ed in t:�e manr.er cescrip- ed in (i) above. g � � # (b) If, during any Fiscal Year, Autnority ^egins provid- �. ing services to an Additional Contracting Party or Parties , � City ' s Annual Payment for •such Fiscal Year shall be determined ` in the following nanner : . � � � (i) Such �dditional Contracting Party or Parti�s � esti:na`ed �reat�d wat�r r�quir��i:Gl^�L :Oi sucn � year, OZ' portion ��1°r°OL , Sl:d�� @ C2�2i�Ti'_?7?G� by Authority; � f � # (ii) City' s ��opor�ior_ate s;zare o� �he �r!r.ual Reau�r�- �; ment shall be a percentage, redeter�ired by di- � viding CiLy ' s estimated treat�d water r�quire�ren� ; by the total annual es`imated �.reated wa�.er re- � quirement by all Con�.racting Parti�s , including � that estil-nated for the Additional ConLracting � Party or Parties for t.�e remaining portion oz � _ such Fiscal Year; � (iii) �u�hority snall r�determine tne Annual Reaui;e- � � ment, taking into cons�deratien any cos`s incurred �; on account oi the addi`�onal Contractir_g ?ar�y or p Parties; � ; (iv) City ' s �r.nual Paynent snall �J2 �2��e=m_�ed �y ° multiplving City ' s redeterriined :,er��ntace �-:nes � ;: the rede�ern_:ed �r.r_ual �equira:��*:c� � � (v) Following the �irst riscal Yea� or �ar� t.er�o� � � o� service to an Addi�.ional Con�_ac�ing Party, � City ' s Annual Paynent shall be determined annually in the manner set �orth above , incor?orating �e � � Additional Con`rac�ing Party in �he calculatiozs � on the same basis as all parties beir.g serveci by ` the Sys��m. � � , (c) City ' s annual ?aymer_t shal? also Le r�c��er*nine�, in �' �he manr.er. set out above , at any �i:�e du�i.�g ar.y F-sca1 �`ar iL • � � � � a (i) �ddi�ior_s , enla�ger,er.ts, or i�provem�n�s to tne z s Proj ec� are C�71SL1'LC��d by authori ty :o �rovide � continuir.g service which in '�urn r�auir2s a re- G�'e�°?'711::d�10I7 Oi �I7° annual �°C'.11Y'�:i:2P_L; Or � �: (ii) linusLal or ex�.raordi:�ary ex�e�c�t�.�r=_s io� mai:- tenance and operation a�2 reG11r°d wi:icn a�� ; not �roviced zor iz tne �znual Budget or in �ze � Bond �esolution. � � 4- h, � £ � k -6- 4. 5 � {'u} i�0i..:J1Li1S��i1C�lii�C�� C,i? O�L'AC'j�01�Cj �.�OV1510T]S Oi t!11S Section 2C , it is a��Qd �:��t, in �ddi�ion ta Ci�y ' s ��:nc�al $ ?c�V^12:1t� di`1C dS iil�vi.°r COP.Sl:°_"3�10T1 =0Y' �1° S2YV3.C° �d �@ SL1�7D�..?2C� :°Y°L1I1C:�r � . C1 uV S[1c311 Dd� �O �lltl"lOr?i.y c3 511�'C.":-�..�r�jg o� : {i} 3:7� cents per 1-, 400 gallons of arater'deli�rered ��a . Ca.ty untii CiLy :�as pai.d tc Auuhor�.ty $340 , 916 either � Uil��..r. L�Z.A..S l..�.3i�J�r � �/ �i. Z 11 l.��lj( W�1�� S.rl� ��t114�1 L� ��.J.:1� i neces�ary to �qualiae tne Cc3Dl.�a1 costs al�eady invol�ed in �.;n.e Project, olus {ii} �even c�nt� {7�) r�r 3. , J00 �al.lons or i water deliverzd to Ci�y during thP term oi this Con�rac� , with such payr�ent� 'uei��g r.ec�ssary uecause ai tze g-�ater eos� c��: raw water to be furr_is:��d �o t:ne City ur_der �.ne Raw 6�ater Cu�:- i�dC�; 'J�'QV?C.2tY 4I1d4 '�: �l`2E.' Wd�� 3t°S '�Z? 11"1C_°3Sv''(� OZ' t��— � creased under� �.^e Raw r�later Contract in 1980 or �ollowing any � . five year per�iocl tn�reaiter; as: provided and' �errmi�u�d � i:n: �:�e.� � Raw Wa�er Cor�tract, the surcharge und�r this clausz ( ii}_ . sn.��I . . , . .be adjusted� :up .or ciown. in proport•io�n� ��o any-� such: �inc�e3se •ar cte- • . j C�'E.'dS� . Z� ?S ;LI��?E}" c�Cr°�'G� 4lld�.. 2�� 172 `�'lE..' �L'�t1rA, . �he ?1LI�i"!C3?"— ; � � � � � i�.y� should execute a contract with. .any, . ?�dditional. Cont.ractirig : � � . � � Party, �s�uch con�czact� will� contain provisions s?r1i.Zar to the pro_: visioris of this subsection (d) except that the surcharge and total amoun� set forth un�er clausz {i) , above, shalZ be Li:��d in a �air an� equitable manner, as determined by tne Authority, : � to retlect such. par�y ' s �articipat.ion in �he Pro�ect, wi.th �he # result that 4he amounts payabl� by the other cities to which a surcharge applies w�ll be praportiona�ely readjusted. All pay- ments due from the City under �.his subsectior. {d} shall be biil�d ; separately from �ach Anr.ual Payment, but shall be paid e�ch �on�n � � a c the sama �ime L:-�e. other mant�ly �aymen�s a.�e due . �?I �ay�e�n�s under tnis subsection (d) shall be appl=ed to tne pavment o� �rat �art of each �nn�a� oaQUir�ment =ah�c�? o��le�aise =,.�ou?d be �aid by the Cities o� Bediord and Euless , and snall r�duce, to sucn ex- tent, the annual aggregat� anount o� each �nnual Payment to ce � made �y �he Cities oi Bec�far�' ar.d Euless . (e) On or beiore November 1 0- each year, Authority shall furnish City with a schedule or the monthZy Dc'2�i?l@XiLS ro be made by such City to tne Authority ,�or the ensuing Fiscal Year. City hereby agrees that it w�ll make sucn pa�ments to the �uthority on or before the lOth dav of e�.c� mon�.h o� such Fiscal Year. I£ the City at any �i,Lie disput�s 4he amount �o be paid by i� j to Au�hority, City shall nevertheless prompt?y make t�e payment or payments deter:nined by Au�hority, and, if it is subser.�uently � determined by agreexnent, arbiiyatzon or cour�. �ecyszon �.hat such dispu4ed payments m�.de by City snc�.ld "nave be�n less, or more, � Authori�.y shall prc�mptZy revise and r�al Zoca�.� ��e char�es a�ang all parti�s `':en being �zrved by Authority in sucn ;nanner that Ci ty will recover i�s overp�y:nent or�_ �uthori ty t.�i lI .��caver ��e amoun� due it. ' (f} If City' s �r.r.ual Paymer.t is redetermined as is �.erein ; �rovided, �uthori�y will pzomptly ��ar�ish Citv wi�h an apda�ced scheduie af mont.hly payments reilec�ing such redetermination. Section 5 . SPECI�L PROVISIONS . {a) �u�hority wil1. �ra- ' ceed to finance and ex�and tne Project to the end that i� will be able �o deliver �reatnd water �.o Ci�y beginnz ng on �urse l, � 1981 . ' (b) Ti�le to �11 water su�aplied '�er�u��r shall rerlain i� �uthority through �ne Poin� (s} of De�ivery�, ar�� upan �ass�ng i through �ne Poin� (s) of Del�very, sucn �i�.le to �he water s:na?1 �ass �.o City . Each af �.ne par�ies here�o aSrQes �o sav� and nold the Qth�r par�� nar�I�ss �:r�m all cl�.irns , c�.man�s, ar.d causes ox action whicn ;�ay be �.sserted by an,yor.e on �ccou.zL a� the transpar�ation and cielivery oL said watzr while �itle r�- mains in such party. (c) It is �xpressly unders�.00d and �greed �na Y aryo ubli- g�.tions or_ the ��rt oi AuL'nority to c�mglete ��:° �x�ansian o� : �he Project and �o ?�rovide wat�r �a Ci�y �hall b� car_di�iored tIT�.�OIY �'i.t12 'r'�llt�lOr1�V! S z�31,�i G.y �i..0 017�d1.:2 d��. ?'I�C°SSc3�v 72d U�?'1c3.i� l�.r�or, and eqLipmer_� and u�on �.ne abili�y oz .�,L'LPOL'1:.y �o =i- n�nce t�e co�t as sucn e�ansion �:nraugh the actt.xa� sale oi 3uthori�y ' s .�onds. -7- � i • � E €`, A- (d) Authority shall never have the right to demand �ay- � ment by City of any obligations assumed by it or imposed on it � � under and by� virtue of this Contract from funds raised or to t'; be raised by taxes levied by City. City ' s obligations under �, ��is Cor_tract sna�1 ::ever be COi:SLrued ro be a debt o� r:�e C1iV Or SllCi1 ;t'_:'_C: dS t0 i.c^q_llii2 'L lli1C°z' �i"12 1dW Oi �:?1S Std�° � �O 1°V�J dI?Ci C0112C� d `dX �O disc�arge SllCil obliga�ion, 1� D2- i; _r.g expr`ssly unders�.00d by tne �a�tias hereto �.nat a�l aav- � ments �ue by Ci�y ^ereunder ar� to be made =rom wa�er ard se�Ner revenues "c�ived by Ci�y . . . t �' (`) City ret�resents and covenants tnat. all paymen`s to = � � � 02 nade hereunder �.y it ��;dll COI1St1tllt2 ��Opera�ing �E�penses �� ; r oz its waterwor.'{s and 52�nieY' syst?m as cefir.ed in �rticl� 1113 � �. • of. the: Revised�� Civi�l` SLatutes oi T°xas ,� �as arrended ; � �nd tnat~� � �� all such payments will cor.s`itute opera�ing expenses oz City ' s . � . - . . waterworks and sewer: .svst�m.. . . . . . . � . . .. . . . • . � . . , � �•# (f) City agr��s to fiY and collect such rates and charges � for water and sewer services to be SL�p11°d by i�s waterworks ; and sewer system as wi11 produce revenues in an amount su�ii- � ci�nt �.o make al1 payments due under this Contract and to com- � ply with provisions of all ordinar.ces authorizinc its ravenue � bonds now or hereafter out�star.ding . � (g) It is agr�ed and understood �hat the Autnority :a�11 � s SllaCIV � driC C1ty 1S oblicateG� t0 `?:t@ di?d sna11 t.ditz , anrua�1_y � under this -Contract, an a��ount o� wa�er eq_ual �.o the amount oi �: 311 Wd�2r dCtlldllV ieQU1=2C� �O 52?"Ve �ll Oi tf?2 Clt�j � S WdL°r = { csstomers in the area of the City describec as rollows : � All area within the city limits of the City of Grapevine � (1) south of the St. Louis-Southwestern Railroad (except c that area within the Dallas/Fort Worth Regional Airport) � ' and (2) �aest of a north-south extension of Park Boulevard � ' between Grapevine Reservoir and State Highway 121. � � �owever, it is understood �.nat in order �or the City to supply � water �o all of its wat2r customers throuShout th� City, and � ;= in certair. instances to meet the liiniting ratio o� maxi�-num � s day ' s use to average annual use stipul�Led in tne iz2r�totore g described Raw T�1ate� Cont;act between Authority and Tarrant � County Wa�er Con�rol and Improve:�ent DistYict Nu�-nber One (�'r.e "District" ) , the Ci�y will utilize oLher sources of wate� supply ¢ ; available to it ror such pur�oses . A1so, at sucn times as oeak � cemands Ori t�'1� Cl�y � S WdL°Z' !Tld_y 2XCeed tne C'c.tJdb111t12S O� Li'72 � Autnorl.�y � S i'c,C111t1°S t0 C�211.V?r ��2d�2C� water, Or d� Si1C:7 times as the �utnori�y ' s �aciii�ies may be '�otally or pa�tiallti� �' OLl� OS S2�V10E' � t!:2 �1`�.y Si!dl.� llL'_IlZ2 SL'Ct7 Oi:�°i SCL'=C2S O� � water supply . (h) Authority shall not be liable to Cicy �or any da.�nages � occasioned by the ir_ability of Autnority to supply all water �' r�auired by City if such inability is caused by the inability � o� District to Celiver all water required by authori`y to mee� i�s cont�ac�ual obligations . € (i) In the �ven� Auynority is sued or is placed on no�ice � of demand �or �aynen� o= a cla��n or claims not cover�d by �u- ��~:ori=y ' s i�r.surance or c�ains �oL �aid by a Cont=acti�g Par�y � � or Parties aris;r.g ir_ connection w��n t�.e ooeration azd :�ain- � .�, � � Di ' o + � L� ` ' y. � t_zanc�. o� �_he o� _c� _ .en in any oi said vents �u�.�ority � shall =ort7witn no*_;fy City in writing �s to t:�e nature oz the � claim or litigat�on wn_cn could resul� ir. an incr�as2 ir_ opera- � �10I7 ??1G� ii��l=1�°I73P.C2 2XN2?'1S2 . C1LV Si1d�� :2dV@ t�:l (l�� dV� ;' �'_"OIil ?"�C°1U` OL SllC�': Wr1�.:c�'Tl :lOL1�1CdL1Ci1 1:1 W�'1=Ci'? �O ZCJ1.S2 � and COII'S:i2rit �O ?ll�}70r1�.� COI1C2i:?�Il� driY C�u_I:1, S1:1� Or �i'�c?i'.c�'1C � =or pay�ent and �u��-:or__y shall �uly consi�er Citv ' s ad�a_cz dI7C comments 1:7 ZI1V L1-2d� G1S�OSit?011 OT saia C�?iItl OZ' G2ri1dI1Q `' _ o _or pay�ent. � � Section 6 . �ORCE ��JEli� . (a) Ii by r°ason oi �orce � € i�ta�2llr° Z1`:zer i�r�V C?2r��O sna 11 be Z'2T'idere(3 llI1dD�2 WI'?OIlV Or 11'1 �d�� LO C�?"=V 011�. 1tS Ob�1�jzt.lCi1S ll?7C2r ":13 COI1trdCL� OL:le� � -han t.^.° 0�11c3�t10ri Or Cl�� O .T.d1Ce t�:E? �ayme��S 1"2QL1�°Q llZld�.r � (b) o= tn�s sectior., tnen if such par�y shal'_ give notic� and � {: . �°;,rx.i ;=,,�sy�": iull �articulars of such �orce �riajeure in wri�ing to the oLher party within a r�asorable zi�e ai`�r occurrence oi �he event or cause Lc1.1@C! on, the obligation oz the �arty givir.g such , notice, so �ar as i� is af=ect�d by such �orce majeLre , s::all be suspended during t"e continuar.ce o= tne �nability �.�en � claimed, but Lor no longer period, and any sucn �arty shall en�eavor to r�move or overcome such inability with all reason- able dispatch. The te�-m "Force Nlajeurz" as �m�loyed her�in shall mean acts o� God, strikes , lockouts , or otner industrial � disturbances , acts. os public eneny,, o:r�ers. of any k=nd o� t^e . . ' GOVe�?7IP,eI1� Oi �'I12 lini'��c3 St�tes .or �t�e 5�.3�° OL '?'@XdS � Or' 3:1�7 C1V11 O� iitll.i L3?"V '�L�ilOrl�.�7'� . '_1ZSll.rS'°Ction, riots � c�D1C2�i Cj �. � � � �" land�sTides ,� iicih�nizg; ear�i7Gll?}C2 , f1r�S , ,'1'�Y'"�1CdIleS � S`O�IZS , . • � . . . � floods , wasnouts , d�ouths ;. arrests , restraint of goveYr_ment �.� � . . . anc� people,:� c.ivil�� disturbances , explosions , breakage `or acci-� � �. � dents �to machinery; pipelines or canals , partial or e�tirz � failure of water supply, and inability on part of Au�hori�y to deliver water nereunder ror any reason, or tne City to receive water hereunder �or any reason, or on account of any otner ' causes not reasonably within the control o� the party clai:,i- ' ing such inability. � " (b) Recognizing that the Autnority will use paymer.ts r�cei�ed by City and others `o pay, secur` , and �inance the ; issuance of the 3or.ds , it is hereby agr`ed that u�or_ tne issu- ance and sale o� any Bonds by the Authority to �rovide �u�ds � �or the Project, City shall be ur_conditionally oDligated �.o � pay its proportionate share of the debt service on such Bor_cs, �: regardless of whet'r.�r or not tne Authority is actually deliver- $ ' ing water to Ci�y hereunder, or wh�ther or not City actually � ' takes ��ater hereunder, ��hether due to Force Majeure or other- wise. Under such circumstances , the amount due to Authority � from City s:zall be a �ercentage of the debt service on the Boncs � for the period or any such failure of service hereunder. Sucn percentage shall be tne last percentage used by Authority in ;: determining City ' s annual Payment prior to any such �ailure of , service, and, in the event service is not begur_ hereunder, such percentage sha�l be that specified in tne table in Section 4C � (a) (i) hereof . This cover_ant by City sha11 be for tne benefit � of the holders o� t�e Bonds . � Section 7 . LIMI_ATION OF Ali�hOR__Y OBLIGA!"'ON . l�is con- T m ' TT ^; T�+ � tract is in all things subject to the ?aGJ 6va��r Con_�act ar_d the other wa�.er supply contract, e�=�ctive July 27 , 1971, be- twee:l ALtiZOri�,� 3I1Q Tarrant C�lll,�y "rlat�?Y' CQI1�2'O.l dI1� Iii1�Z"OV°- � iit�'Zlt. D1Sti 1Ct Vumber One . �V L.'7e °X2CliLiCi1 Oi �i1�S COIl��3CL� City acknowledges tnat it has rec�ived and revie�aed t�ue copies oi such contracts . City agrees tnat it will LdiC2 no action � which would cause a violation of Authority ' s contract with said Di�trict. In the event that the amount of water ava?1- � able to �uthority under its contracts wiLh said DistYict is in- � suz�icient to SLTJDI�7 all requir�merts o� Ci�y, City may util�ze �' water from otne= sou=ces to ful�.i11 its needs in a.�ounts wrich Autnority ?s u�able to supply . Section 8 . T�'RM OF CONTRACT; y10DIFIC�^ION; vCmICES . ey . a. TERM OF CONTRACT. This Contract srall be e=_ecti�° � upon EXeCll�10ri i,er20i dl"?C S�'ldll continue 1T7 'O�C° 317C Oi�eCt for a period of �.hi=�y-five (35) years `rom t':e dat� or t'��s Contract and th2��a=ter shail continue in e�=�ct until all 3onds and r��ur.dir.g bonds issued �n li�u o� `:?e Bonds nave been paid. B. MODIFIG�TION. Vo change or modi�ication oi th?s Con- tract shall be nade which will �=�ect adversely the pronpt �ay- ment when due o� all �oneys recuirzd to be paid by City u�der -9- � . € � � � � � k � . . . . _ , f-. . .. . . - ' . . . . • Y � 4 �.1'le i.°1':T:S OL t�?1S COLl?:r3C� 3P.0 ;:O �llC}7 CE:ance �iizl�. D2 °LL'3C�_V� i e wnich woul� caus` a viola�_on o_ any DLOVlsions oi ar_y =�solu- ; t�on of �utnori�y au�ho,izir_g �:e �ssuar_ce or �onds or any boncs 3 issued to reiur_d any of `ne 3onds . ` C. vOTIC�S . �ll no�ic�s o= communications provided Lor �'lc.�el:l S:"?d1.1 �Je 1?l. Wr1t1nC"j dP_C� 3,"ld�l. DC� 21�1^.eZ' de11J°r2C, LO. �'1LV Or ?�l1�.�10?"1.t�7 � Or� 1= .Ti�11Z�� Si"ldll 'f.�2 52ri�. ;7V iE�`j1SL°?"°G� `' �. : • . �1d11. �' �OS�3c'j. @ Uz'e�7d1G�.� � dG�C1.�:2SS2C1� �O C1L'y' Oi 3i1�l10.r1Ly dL tl121r L � • . i°SUeCt'"..�V2 3�C�r2SSES . • . . . . . . `. . , . .., _ . • - :. . _ . , . ,. ... . , .. . . . . . :. .. � D. SEV�.��LITY . Tne par�ies :�r��o ag,ee tnat i� any t . o� .�tne provisior.s oi . this Coritract. shoul3. be ar b.e. held . to be� .� � � invalid or to contravene the laws of this State, or the linited � StaLes , such fact shall not invalidat� tne �,�hole agr`ement, but � it shall be construed as ��ough r_ot cor.taining �.nat par�icular ;; provision, and ��e righ�s and obliga�ions of u:e parti�s snall k be construed and remain in force accordingly. �' � � E . CONTINUED SERVICE�. The parties hereto agre� `hat � upon the expiration oz this Contrac� that Citv shall have the rigrt to continuec serJice for an additional period o� Lifty (�0) years , or `or such ot�er time as may �e agreed, upon ex- � � ecution o� an aporoor�a�e agr�e:nent DE�La�°_ri City and �uti10?'1 'Ly. _ � ; IV WI`�'NESS r�vrii�Or , tze parties h�reto acting ur�der au- � tnority or Lheir respec�ive governing bodies have caused t:�is �` Contrac` �.O fJe �UIV �X°CllL°C� 1P. 52t✓°rdl COL171�°Li d?"Lj � °dC."! Of � whicn shall constitute an original , a11 as of the day and year f. �irst above writt�n. " � � TRINI'I`Y RIVER A�T:iORITY OF TEX.�S ' i i BY � General Ma,-�ag2r � , 4 �TTEST. � � � i � 4 � � Secre�.ary t � (3L;T�ORITY Sr.,�L) ' � CITY OF GRnPEVI2��, T�:�AS BY � 1�Iavo r = - � ATTEST: � x 3 3 ! � City Secr�tary � (CITY Sc,�L) � _ � S . � °s 6 � } � �' �1 0� �