HomeMy WebLinkAbout1999-07-20 - Special City CouncilMINUTES OF SPECIAL MEETING
City of Stephenville - City Council
TUESDAY, JULY 20,1999 - 5:30 P.M.
The City Council of the City of Stephenville, Texas, convened in special session on Tuesday,
July 20, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, with
the meeting being open to the public and notice of said meeting, giving the date, time, place and
subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's
Texas Codes Annotated, with the following members present, to wit:
Mayor:
Mayor Pro -Tem:
Councilmembers:
Others Attending:
I. CALL TO ORDER
John Moser
Barbara Terrell
Ed Horton
Marshall Shelton
Joel Hillin (tardy)
Bill Corbin
Bea Marin
Rusty Jergins
Wm. H. (Bill) Stanley
Don Davis, City Administrator
Cindy L. Stafford, City Secretary
Randy Thomas, City Attorney
Mayor John Moser called the special meeting of the Stephenville City Council to
order at 5:30 p.m. on Tuesday, July 20, 1999. Mayor Moser declared a quorum
present.
H. REPORT FROM CENTRAL APPRAISAL DISTRICT
Jerry Lee, Chief Appraiser, for the Central Appraisal District, explained the structure
and functions of the Central Appraisal District, the Board of Directors of the Central
Appraisal District, and the Appraisal Review Board of the Central Appraisal District.
HI. CONSIDER CONTRACT WITH UPPER LEON RIVER MUNICIPAL
WATER DISTRICT
MOTION by Marshall Shelton, second by Wm. H. Stanley, to approve the contract
with Upper Leon River Municipal Water District (attached). MOTION CARRIED
by unanimous vote.
July 20, 1999 - Minutes of Special Meeting
IV. WATER PLANNING COMMITTEE REPORTS
A. Request for Proposal for Engineering Services (7 -1 -99)
Barbara Terrell reported that the committee discussed a draft Request for Letters of
Interest from engineering firms to evaluate options available for obtaining additional
water supply capacity for the City of Stephenville. The committee decided to request
two separate proposals for engineering services to evaluate the following options:
Purchase Water from Upper Leon River Municipal Water District:
1. Determine the cost to construct a pipeline of adequate size to deliver a minimum
of 2.5 million gallons per day, to blend with the city's ground water through
connections at the city's water storage facilities.
2. Determine a timeline for completion of the pump station, pipeline and related
facilities.
3. Prepare a cost analysis for construction ofthe pump station, pipeline and related
facilities; as well as the cost of treated water, power, O &M considerations, debt
retirement and easement costs.
Ground Water
1. Determine the cost of developing a new well field, including test holes, wells,
pumps and motors, electrical controls, SCADA controls, collector and
transmission lines and land costs, including easements.
2. Determine a timeline for completion of the well field with a minimum of three
wells and related facilities.
3. Prepare a cost analysis to develop a well field and related facilities, including the
cost - treated water, power, O &M considerations, and debt retirement.
MOTION by Barbara Terrell, second by Bill Corbin, to approve the Letters of
Interest. MOTION CARRIED by unanimous vote.
B. Storm Water Plan (7 -8 -99)
MOTION by Barbara Terrell, second by Bill Corbin, to approve the Request for
Letters of Interest for engineering firms to develop a drainage master plan for the
city. MOTION CARRIED by unanimous vote.
C. Request for Proposal —Dr. Hughbert Collier (7 -8 -99)
MOTION by Barbara Terrell, second by Marshall Shelton, to enter into a contract
with Collier Consulting, Inc. for Phase II of the Trinity Aquifer Study at a cost not
to exceed $80,000.00. (attached) MOTION CARRIED by unanimous vote.
July 20, 1999 - Minutes of Special Meeting
ins
V. RATIFY CHANGE ORDER NO. 2 ON WEST SIDE DEVELOPMENT
PROJECT
MOTION by Bill Corbin, second by Rusty Jergins, to approve Change Order No. 2
for lime treatment for areas of clay subgrade soil and cement treatment for sandy
subgrade soils in the West Side Development project. MOTION CARRIED by
unanimous vote.
VI. CONSIDER CONFIRMATION OF LIBRARY ADVISORY BOARD
APPOINTMENTS
MOTION by Joel Hillin, second by Bill Corbin, to appoint Eloise Horak as the
System Assembly Representative to the North Texas Regional Library System and
Dr. Mary Joe Clendenin as the Alternate System Assembly Representative to
NTRLS. MOTION CARRIED by unanimous vote.
VII. CONSIDER ROY HALSELL'S REQUEST FOR APPLICATION TO
LEADERSHIP STEPHENVILLE PROGRAM
MOTION by Rusty Jergins, second by Bill Stanley, to appropriate $250.00 out of the
police department's training budget for a portion of the registration costs for Roy
Halsell's participation in the Leadership Stephenville program. MOTION CARRIED
by unanimous vote.
City Administrator Don Davis recognized Matt Tucker, who has operated the video
camera for the televising of the council meetings. Davis reminded the council that
Matt has been a part-time employee in the Community Development Department for
the past two years. This will be Matt's last time to video the council as he will be
leaving for Ball University in Muncie, Indiana, to pursue his master's degree. The
council thanked Matt for his service and wished him well.
VHI. EXECUTIVE SESSION. At 6:57 p.m., Mayor Moser recessed the open portion of
the meeting and called the council into executive session in compliance with the
provisions of the Texas Open Meetings Law, Subchapter D, Local government Code,
Vernon's Texas Codes, Annotated, in accordance with Sec. 551.071 Consultations
with Attorney and Sec. 551.072 Deliberate the purchase, exchange, lease, or value
of real property.
A. Claim of Michael and Cheryl Longley
B. Acquisition of easement, Lot 7, Block 1, Brittain Circle Subdivision,
Stephenville, Erath County, Texas
At 7:38 p.m., Mayor Moser called the council back into open session.
July 20, 1999 - Minutes of Special Meeting
309
IX. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if
necessary)
MOTION by Bill Corbin, second by Rusty Jergins, to authorize the staff to negotiate
for the acquisition of an easement on Lot 7, Block 1, Brittain Circle Subdivision.
MOTION CARRIED by unanimous vote.
X. ADJOURN
MOTION by Rusty Jergins, second by Joel Hillin, to adjourn the meeting. Motion
carried by unanimous approval at 7:40 p.m.
QLL2&wo�—�
Jo Moser, kayor
ATTEST:
July 20, 1999 - Minutes of Special Meeting
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SUPPLEMENTAL WATER SERVICE AGREEMENT
BETWEEN
UPPER LEON RIVER MUNICIPAL WATER DISTRICT AND
CITY OF STEPHENVILLE
391
TABLE OF CONTENTS
I. RECITALS ................................................................................................ ............................... 1
II. AGREEMENTS ....................................................................................... ..............................2
III. DEFINITIONS ....................................................................................... ............................... 2
Meaningof Terms ............................................................................... ............................. =:
Interpretation.................................................................................... ...............................
IV.SUPPLY OF WATER ............................................................................ ............................... 5
District to Acquire Raw Water for City ............................................. ............................... 5
District to Supply Potable Water to City ........................................... ............................... 7
V.POINTS OF DELIVERY. MEASURING EOUIPMENT, UNIT OF MEASURE,OUANTITY
ANDQUALITY .............................................................................. ............................... 8
Pointof Delivery ................................................................................ ..............................8
Metering or Measuring Equipment .................................................. ............................... 10.
Meter Accuracy and Calibration ...................................................... ............................... l l
Unitof Measure .............................................................................. ............................... 12
VI.TITLE AND RESPONSIBILITY. OPERATION AND MAINTENANCE.OTHER
CUSTOMERS, AND RATIONING OR AND RATIONING OR RESTRICTIONS ...... 13
Title to and Responsibility for Water ............................................... ............................... 13
SystemResponsibilities ..................................................................... .............................14
Rationing, Conservation Measures or Restrictions .......................... ............................... 15
PlumbingRegulations ..................................................................... ............................... 16
VII.CHARGES, BILLING AND FINANCIAL MATTERS ....................... ............................... 16
RawWater Charge ........................................................................... .............................16
MinimumFee .................................................................................. ............................... 18
Volumetric Rates for Delivery of Potable Water .............................. ............................... 20
Billingand Payment ......................................................................... .............................21
VIII.DEFAULT ......................................................................................... ............................... 21
Def ault........................................................................................... ............................... 21
IX.GENERAL PROVISIONS .................................................................... ............................... 2
NoTax Obligation of City .............................................................. ...............................
Payments to Constitute Operating Expenses of City ........................ ............................... 22
City's Rates, Fees and Charges ....................................................... ............................... 23
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ForceMajeure ................................................................................
............................... 2s
Governmental Regulation ...............................................................
............................... 24
Cooperation to Assure Regulatory Compl iance ...............................
............................... 24
Contractswith Others .....................................................................
............................... 25
No Additional Waiver Implied ........................................................
............................... 2=.
Addresses and Notice .....................................................................
............................... 26
Modification...................................................................................
............................... 27
Assignability...................................................................................
............................... 27
Severabil ity.....................................................................................
............................... 27
Merger...........................................................................................
............................... 2
Venue.............................................................................................
............................... 2'
No Third Party Beneficiaries ...........................................................
............................... 27
Consents, Approvals and Cooperation ............................................
............................... 28
ARTICLE X EFFECTIVE DATE AND TERM OF AGREEMENT .......... .............................28
Date.............................................................................................. ............................... 28
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SUPPLEMENTAL WATER SERVICE AGREEMENT
BETWEEN
UPPER LEON RIVER MUNICIPAL WATER DISTRICT AND
CITY OF STEPHENVILLE
THIS SUPPLEMENTAL WATER SERVICES AGREEMENT (this "Agreement ") is
entered into by and between UPPER LEON RIVER MUNICIPAL WATER DISTRICT, a
conservation and reclamation district and a governmental agency and a body politic and corporate
(hereinafter called "District), by and through its undersigned duly authorized officers, and the
CITY OF STEPHENVILLE, a Texas municipal corporation (hereinafter called "City "), by and
through its undersigned duly authorized officers.
I.
RECITALS
The District is a conservation and reclamation district created by Acts 1961, 57s'
Legislature, Regular Session, Ch. 405 (Vernon's Ann. Civ. St. 8280 -257), as amended by Acts,
1965, 59th Legislature, Regular Session, Ch. 542, Acts 1975, 64`x' Legislature, Regular Session,
Ch. 542, and Acts 1997, 75s' Legislature, Regular Session, Ch. 1152 (collectively, the "Act "),
established by virtue of Article XVI, Section 59 of the Texas Constitution, for the purpose of
providing a source of Water supply for municipal, domestic, and industrial uses and processing
and transporting such Water for its constituent cities of Hamilton, Gorman, Dublin, De Leon and
Comanche (the "Constituent Cities ") and for other persons, and
The City is a home rule municipal corporation and desires to have a long term
supplemental Potable Water supply source to provide for its citizens, and
The District contracts with Brazos River Authority (hereinafter called "Authority ") to
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purchase Raw Water from Lake Proctor, and the District is willing to agree to obtain for the
benefit of the City, the right to divert and use Raw Water from the Authority in Lake Proctor, in
the quantities requested by the City, as available from the Authority, and
The District has facilities to treat and transmit the Water as Potable Water and, pursuant
to this Agreement, the parties contemplate that the District will provide supplemental Potable
Water to the City at a specified Delivery Point, and
The District has entered into other contracts to supply Raw or Potable Water to municipal
and other customers, and desires to contract with the City, pursuant to this Agreement to supply
Potable Water to the City so long as such obligation will not diminish or impair the rights and
duties of the District, or the District's Constituent Cities.
II.
AGREEMENTS
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the District and the City agree as follows.
III.
1. Meaning of Terms. The following terms, when capitalized herein, have the
meanings provided in this section.
"Act" means Acts 1961, 57'h Legislature, Regular Session (V.A.C.S. Art 8280 -257), as
amended by Acts 1965, 59s' Legislature, Regular Session, Ch. 542, Acts 1975, 64h Legislature,
Regular Session, Ch. 542 and Acts 1997, 75`" Legislature, Regular Session, Ch. 1152.
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"Agreement" means this agreement.
"Authority" means Brazos River Authority.
"City" means the City of Stephenville, Texas.
"City's System" means the City of Stephenville's Water system.
"Constituent Cities" means the cities of Hamilton, Gorman, Dublin, DeLeon and
Comanche.
"Delivery Point(s)" means the point(s) at which the District agrees to deliver, and the City
agrees to receive Potable Water under this Agreement.
"District" means Upper Leon River Municipal Water District.
"District's Fiscal Year" means the twelve months from July 1" thru June 30s`.
"District's System" means the District's Water system.
"Emergency" means a sudden unexpected happening; an unforseen occurrence or
condition; exigency; pressing necessity; or a relatively permanent condition of insufficiency of
service or of facilities resulting in social distress. The term includes Force Majeure and acts of
third parties which cause the District's System to be unable to provide the Potable Water agreed
to be provided herein.
"Force Majeure" means acts of God, strikes, lockouts or other industrial disturbances, acts
of public enemy, orders of any kind of the United States or the State of Texas or any civil or
military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil
disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire
failure of Water supply and inability on the part of the City to provide Water necessary for
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operation of its System hereunder or of the District to make available Raw or Potable Water on
account of any other causes not reasonably within the control of the party claiming such inability.
"Meter" means the meter to be installed by the District at the Delivery Point to measure
the amount of Potable Water delivered to the City under this Agreement.
"Minimum Fee" means the fee established from time to time by the District pursuant to
Section VII.2.
"Potable Water" means Water meeting the minimum standards for human domestic
consumption as prescribed by the TNRCC or other appropriate regulatory authority.
"Raw Water" means untreated ground or surface Water.
"Raw Water Charge" means the charge established from time to time by the District
pursuant to Section VII. 1.
"Regulatory Authority" means any state or federal or other regulatory government or
agency having jurisdiction concerning Raw or Potable Water.
"Regulatory Requirements" means requirements or provisions of a Regulatory Authority.
"Required Improvements" means improvements to the District's System constructed as a
result of Regulatory Requirements.
"System Contract(s)" means the contract(s) to be executed by the District to obtain the
right to divert and use Raw Water from the Authority for the City.
" TNRCC" means the Texas Natural Resources Conservation Comrnission.
"Water" means Raw Water and/or Potable Water, as appropriate.
2. Interpretation. Except where the context otherwise requires, words imparting the
singular number shall include the plural number and vice versa. Reference to any document
means that document as amended or supplemented from time to time. Reference to any entity or
party means that entity or party and its successors and lawful assigns.
IV.
SUPPLY OF WATER
1. District to Acquire Raw Water for City. a. The District, on behalf of the City,
will obtain initially by contract with the Authority the right to divert and use not to exceed 2714
acre -feet of Raw Water per year from storage in Lake Proctor. The Authority's System Contract,
or the System Contract as amended, will be the basis for the contracted 2714 acre -feet of Raw
Water per year. The City reserves the right to make future requests to the District that would
increase the total acre -feet of Raw Water purchased on its behalf, which request will be honored
by the District in a timely manner, if, and to the extent that, additional Raw Water is available
from the Authority from Lake Proctor, and the District will at that time execute a new or
amended System Contract, for the benefit of the City, and, correspondingly, the City and the
District would execute an amendment to this Agreement to provide for the City to pay an
additional Raw Water Charge to the District for the additional Raw Water similar to the Raw
Water Charge in Section VII. 1. of this Agreement. Provided, however, in no event shall the
District be responsible in any way for diverting, treating, transporting or storing the additional
Raw Water or for acquiring, constructing, expanding or enlarging the District's System in order
to divert, treat, transport or store any such additional Raw Water. Pursuant to Section IV.2, the
City shall be solely responsible for diverting, treating, transporting and storing the additional Raw
Water.
b. The District will contract with the Authority, on behalf of the City, as requested,
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and whatever rights, guarantees, restrictions, or other provisions that are present in the
Authority's System Contract, or are implemented by the Authority or other Regulatory
Authorities that will effect Raw Water diversions, will also be in effect or in force for Raw Water
diverted by or on behalf of the City. The District is in no position to guarantee anything not
contained in the Authority's System Contract and makes no claims or representations to provide
more or less than what is contained therein.
C. At such time as the District diverts and treats Water purchased by the District for
the City under the Authority's System Contract, the District agrees to keep a record of the Raw
Water diverted on behalf of the City, and routinely make such record available upon request.
Recognizing that the Authority makes estimations of Raw Water diverted by the District, that
become the Authority's official record of diversions the Authority charges against the District's
various Water contracts, the amount of Raw Water recorded for the City as a diversion to be
charged against the System Contract during a recording period will be equal to the product of
multiplying the total Raw Water diversions by the District as recorded by the Authority times a
fraction, the numerator of which is the amount of Potable Water metered at the City's Delivery
Point adjusted by plant, intake line and treated water line losses, and the denominator of which is
the total Potable Water metered as produced by the District at its Water treatment plant adjusted
by plant and intake line losses.
d. The District will be responsible for record keeping required by the Authority, the
U.S. Corps of Engineers, TNRCC, or any other Regulatory Authority having jurisdiction relating
to the Raw Water and as required, will provide such records to the respective authorities, as they
pertain to the System Contract.
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2. City to Construct Facilities. Unless otherwise agreed in writing between the
District and the City pursuant to Section IX. 10, the City shall be solely responsible for
constructing any facilities necessary to divert, treat, transport, and store any additional Raw Water
above the 2714 acre -feet per year initially obtained by the District from the Authority that is for
the benefit of City.
3. District to Supply Potable Water to City. a. Upon ninety days prior written
notice by the City, the District will commence providing Potable Water to the City, as a
supplemental supply for the City's citizens, at a Delivery Point, at which point the Potable Water
will be metered and become the property of the City; provided, however, in no event shall Potable
Water deliveries commence prior to installation of facilities (including, without limitation, a tap
and meter) necessary for the City to take delivery of the Potable Water.
b. In furtherance of its agreement to supply Potable Water to the City, the District
will maintain adequate production and transmission capabilities within the District's System as
required by currently existing Regulatory Requirements for the net amount of Potable Water
capable of being provided to the City at the Delivery Point from the 2714 acre feet of Raw Water
per year to be initially obtained under the terms of this Agreement, which will include Water
diversion, pumping, treatment, storage and transmission capability. In the event that the currently
existing Regulatory Requirements are changed and such changes would reduce the net amount of
Potable Water the District is able to supply the City utilizing the same percentage of the District's
facilities that are required to provide the net amount of Potable Water agreed to be provided by
the District pursuant to this Agreement, the City will have the option of determining whether to
reduce the amount of Potable Water required to be.provided under the terms of this Agreement so
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as to maintain usage of the same percentage of District facilities prior to the changed Regulatory
Requirements or to provide the funds for Required Improvements to the District's System to be
constructed by the District to enable the District to continue to be able to supply the net amount
of Potable Water provided for in this Agreement.
a
POINTS OF DELIVERY MEASURING EQUIPMENT UNIT OF MEASURE.OUANTITY.
AND QUALITY
Point of Delivery. a. The District and the City acknowledge and agree that the
Point of Delivery will generally be located in or around the City of Dublin, Texas, where the
District has existing adequate facilities to accommodate the delivery of Potable Water to the City
under the terms of this Agreement.
b. The Delivery Point may or may not be located so as to utilize a ground storage
reservoir or pump station of the District's System, that would otherwise be for the benefit of the
District's existing customers. However, at a minimum, the District will provide a location at
which the City may construct facilities required for the City to take delivery of Potable Water
from the District. It will be the responsibility of the City to provide, under any circumstances, for
any facilities or equipment that is required for the City to take delivery of the Potable Water and
to transmit and deliver it to the City's customers through the City's System. The City will be
responsible for the costs of constructing all such facilities including, but not limited to, acquiring
or improving electrical service, taps, valves, buildings, vaults, pumps, motors, storage tanks and
similar facilities all of which will be limited to those facilities required to benefit City. Whether as
a matter of initial construction, improvement or routine maintenance, installation of facilities and
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equipment, changing of electrical service, or any modifications to equipment, facilities, or other
appurtenances that join to, connect, or otherwise interface with the District's System, must be
approved in writing by the District or the District's engineer and must comply with the District's
and the City's standards of construction. Without exception, adequate notice must always be
given before any substantive changes are made to any facilities at the Delivery Point that would
affect the other party to this Agreement.
C. Upkeep and routine maintenance of the Delivery Point, if relating to a pump
station serving other District needs, will reside with the District, including maintenance of
buildings and grounds. However, any maintenance required on equipment or facilities, such as
pumps, motors, tanks, monitoring or other equipment, that is considered to be a part of the City's
System, or otherwise belongs to or is specifically for the benefit of the City, will be the
responsibility of the City to maintain. City facilities that are located in a building, vault or other
location where District equipment or facilities are maintained, will be maintained at least to the
level of maintenance of District facilities and as required by Regulatory Requirements. In the
event that the City is not responsive to requests to perform maintenance to the City's facilities at
the Delivery Point that may be required by Regulatory Authorities, or to meet and maintain
maintenance levels required of District equipment and facilities, the District will have the option to
maintain the City's facilities at the Delivery Point to the District's standards, and bill the City for
reimbursement of the District's expenses. Such reimbursement shall be separate from, and in
addition to, any other fees or charges provided in this Agreement.
2. Metering or Measuring Equipment. a. The District shall furnish, install,
operate, and maintain the necessary metering and related equipment for measuring and controlling
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properly the quantity of Potable Water delivered under this Agreement. The estimated costs
associated with the acquisition and installation of this equipment shall be provided the City, prior
to making the installation(s). Such meter or meters and other equipment installed shall be the
property of the District and, as such, will be operated and maintained by the District. All
associated one time costs in the purchase and installation of the Meter(s) and related equipment
will be reimbursed to the District by the City within thirty days after the notification by the
District to the City of the amount due, which notification shall not be given until after the Meter
and related equipment is operational. Such reimbursement shall be separate from, and in addition
to, any other fees or charges provided in this Agreement.
b. The City shall have access to the metering equipment used to measure the Potable
Water delivered to the City at all reasonable times, but the reading, calibration and adjustment
thereof shall be done only by the employees or agents of the District.
C. Upon due request, the District will furnish the City a copy of the records relating
to the City's meter.
3. Meter Accuracy and Calibration. a. The meter will be tested for accuracy not
less than every 15 months, at the District's expense, and a report provided the City. The meter
must be calibrated when accuracy tests are more than 2% high or low. The required calibrations
resulting from the meter registering more than 2% high or low will be at the District's expense,
when in conjunction with the annual testing. Testing and/or calibration expenses that are the
result of a request of the City, which are in addition to the testing and/or calibrations routinely
required, will be the City's responsibility to pay. Such payment shall be separate from, and in
addition to, any other fees or charges provided in this Agreement.
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b. If, as the result of any test, the Meter(s) are found to be registering inaccurately (in
excess of 2% of accuracy), the readings of the Meter(s) shall be corrected at the rate of their
inaccuracy for any period of time that is definitely known, or agreed upon or, if no such period is
known or agreed upon, the shorter of
(1) a period extending back sixty (60) days form the date of written demand
for the test, or if no written demand for the test was made, sixty (60) days
from the date of the test, or
(2) a period extending back one half of the time elapsed since the last previous
test;
and the records of the readings will be adjusted to correspond to corrections made.
C. A 48 -hour notice will be given to the City prior to any calibrations in order to
allow the calibrations to be jointly observed. If a representative of the City is not present at the
time set, the District may proceed with calibration and adjustments in the absence of a City
representative.
d. If for any reason the meter is out of service, the amount of Potable Water delivered
shall be estimated based on the best available data.
e. The City, may at its option and its own expense, install and operate a check meter
to check the meter installed by the District, or for other monitoring or recording purposes, but the
measurement of Potable Water for the purpose of this Agreement shall be solely by the District's
meter, except as otherwise herein specifically provided to the contrary.
4. Unit of Measure. The unit of measurement for Potable Water delivered
hereunder shall be 1,000 gallons of water, U. S. Standard Liquid Measure.
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5. Quantity and Pressure. a. The District agrees to treat, transmit, and provide to
the City at the Delivery Point, the net amount of Potable Water available at the Delivery Point
from the 2714 acre -foot per year Raw Water contract the District and Authority entered into on
behalf of the City, as provided herein, at a delivery rate not in excess of the lesser of (i) two
million four hundred twenty thousand gallons per day (2.42MGD), (ii) one thousand six hundred
eighty (1,680) gallons per minute or (iii) such lesser amount as the District may be able to supply
in the event of an Emergency or shortage of Water supply, production, treatment, storage, or
transportation capability in the District's System, and still be able to meet the needs of the
District's Constituent Cities and other customers.
b. The District makes no warranties or representations regarding the pressure at
which the Potable Water will be available at the Delivery Point. All pressure requirements of the
City's System will be the obligation of the City. The District is under no obligation to provide
pressure in any amount for the City's System. It is anticipated that the City will install, operate,
and maintain a high service pumping system or other facilities at the Delivery Point, sufficient for
the purposes of transmitting the Potable Water to the City's intended point(s) of use, which
pumps and supporting facilities will be sized and operated in such manner as to provide adequate
and required pressure(s) within the City's System to meet the requirements of any Regulatory
Authority.
C. The District reserves the right to install flow restriction devices at such locations as
the District may hereafter specify in order to restrict the flow of Potable Water to the City to the
levels agreed to herein.
6. Quality of Potable Water Delivered to City at the Delivery Point. The Potable
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Water delivered by the District to the Delivery Point shall be of a quality conforming to
Regulatory Requirements for human consumption and other domestic use.
VI.
TITLE AND RESPONSIBILITY, OPERATION AND MAINTENANCE,
OTHER CUSTOMERS, AND RATIONING OR AND RATIONING OR RESTRICTIONS
Title to and Responsibility for Water. a. Title to the Water delivered to the
City by the District will remain with the District at all times until reaching and passing through the
Delivery Point, at which time the title shall transfer to the City. The City shall be responsible for
conveying the Potable Water in its System to the intended places of use.
b. The City shall be responsible for paying for all Potable Water passing through the
Delivery Point under this Agreement, regardless of the fact that such Potable Water passed
through the Delivery Point(s) as a result of leaks or breaks in the City's System or as a result of
construction, repairs, testing, calibration, maintenance or similar uses.
C. In the event a leak, break, rupture, other defect, or other uncontrollable loss of
Potable Water occurs within the City's System, regardless of the cause, which could either
endanger or contaminate the District's System or prejudice the District's ability to provide
Potable Water to its other customers, the District shall have the right to take whatever actions the
District reasonably considers appropriate to protect the public health or welfare or the District's
System and its commitments including, without limitation, the right to restrict, valve off or
discontinue service to such portions of the City's System as are necessary until such leak, break,
rupture, defect, or other uncontrollable loss has been repaired. Notice must be provided the City,
as soon as reasonably possible, prior to restricting or valving off Potable Water to the City, unless
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it is necessary to protect the public health, safety or welfare in an Emergency. The District will
not be liable to the City or any of the customers of the City, and the City agrees to indemnify and
hold harmless the District from any claims by third parties related to such discontinuance of
service or other actions taken to protect the public health or welfare unless the District acts in bad
faith or is negligent.
System Responsibilities. The District shall be responsible for operating,
maintaining, repairing, replacing, extending, improving and enlarging the District's System and
shall promptly repair any leaks or breaks in the District's System. The City shall be responsible
for operating, maintaining, repairing, replacing, extending, improving and enlarging the City's
System and shall promptly repair any leaks or breaks in the City's System.
3. Rationing, Conservation Measures or Restrictions. a. Notwithstanding any
other provision herein to the contrary, it is specifically understood and agreed between the parties
that the obligation of the District to provide Potable Water to the City as a supplemental supply
during the term of this Agreement is subject to the obligations of the District to provide Raw or
Potable Water to the Constituent Cities. Pursuant to such understanding, the parties hereby agree
that if it is ever reasonably determined by the District during the term of this Agreement that it is
unable to adequately provide all of the obligated Water to the Constituent Cities because of an
Emergency or shortage of Water supply, production, treatment, storage or transportation
capability in the District's System, or if the District needs to cause repairs to be made to the
District's System to repair, replace or improve the level of Water service to the Constituent
Cities, then the District shall have the right, after reasonable notice to the City and opportunity for
consultation, to curtail or limit service to the City so that the District is able to supply Potable
ILl
�c�o
Water to the Constituent Cities.
b. If it becomes necessary for the District to ration Water to any of its customers, then
rationing of Water under this Agreement may be instituted. Curtailment or limiting of service as
the result of any rationing policy will not intentionally be enforced as to impact the City to a
greater extent than experienced by the District's Constituent Cities or other customers.
C. The City agrees to develop and implement conservation and drought contingency
plans that will be complimentary to the District's conservation and drought contingency plan. The
parties will furnish each other copies of their respective conservation and drought contingency
plans and keep each other informed and supplied with any changes to such plans.
d. If it is ever determined by any Regulatory Authority that provision of Potable
Water by the District under this Agreement or curtailment or limitation of Potable Water by the
District to any of its customers is in violation of applicable Regulatory Requirements, then the
District, after reasonable notice to the City and opportunity for consultation, may take such action,
as will best effectuate this Agreement and comply with applicable Regulatory Requirements.
4. Plumbing Regulations. To the extent the District and the City have the authority,
both covenant and agree to adopt and enforce adequate plumbing regulations or customer service
agreements with provisions for the proper enforcement thereof, to ensure that neither
cross - connection or other undesirable plumbing practices are permitted, including an agreement
with each of their respective Water customers that allows the retail provider to said customer to
inspect individual Water facilities prior to providing service to ensure that no substandard
materials are used and to prevent cross- connection and other undesirable plumbing practices.
VII.
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CHARGES. BILLING AND FINANCIAL MATTERS
Raw Water Charge. The City is liable for payment of the Authority's charges to
the District for the right to divert and use Raw Water pursuant to the System Agreement and for
other expenses incurred by the District on behalf of the City relating to the Raw Water acquired
for the City (the "Raw Water Charge "), for as long as the System Contract remains in effect.
The Raw Water Charge is due and payable by the City regardless of whether or not any Raw
Water or Potable Water is delivered to or taken by the City; provided, however, when the City
begins paying for Potable Water delivered at the Delivery Point, the Raw Water Charge shall be
reduced by an amount equal to the product of multiplying the amount of Raw Water utilized
during the current billing period, pursuant to the methodology in Section IV. 1.(c), times the rate
charged by the Authority for the Raw Water delivered to the City during the same period. In
order to effect this reduction, an appropriate credit for this amount will be made against the
amount otherwise owed by the City for volumetric charge under Section VII.3 of this Agreement.
The City will pay the Raw Water Charge to the District within ten (10) days of receipt of a bill
from the District for same. The Raw Water Charge will include an amount equal to the amount
paid by the District to the Authority for Raw Water made available on behalf of the City. There
will be no surcharge or other fees charged the City by the District for Raw Water made available
from the Authority to the District for the City; provided, however, any and all costs incurred by
the District as the result of the System Agreement specifically for the City, including but not
limited to billings from the Authority, expenses for professional services, notices or publications,
postage or courier fees, or any other incidental expenses relating specifically to the System
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Contract, may be included in the Raw Water Charge to be reimbursed to the District by the City.
The bill for the Raw Water Charge will detail such expenses. The City will have the option of
providing any professional services required that may otherwise be incurred by the District as a
reimbursable expense in the Raw Water Charge, as long as the District consents thereto. The
District will first notify the City of the need for professional services related to the Raw Water
obtained from the Authority, and the City will have the option to allow the District to incur the
expense and be reimbursed, or the City may provide, or have provided, the required services so
long as the same are timely provided so as not to delay any District activity. It will be at the
District's discretion whether to incur, and bill for reimbursement, for non - professional fees or
services, postage or other courier expenses, notice or other publications, or any other incidental
expenses that may be incurred, that relate to the System Agreement or notify the City to provide
or have provided the same.
2. Minimum Fee. a. The District and the City recognize and agree that the
District has invested significant sums of money in the District's System which will be used to
enable the District to provide or make available Potable Water to the City. As such the City also
agrees to pay to the District a fee (the "Minimum Fee ") whether or not the Potable Water is
delivered to or taken by the City, said fee to be established annually by the District except as
otherwise provided in Section 2.d. below. The Minimum Fee will be utilized to pay for and
maintain the production and transmission facilities sufficient to enable the District to be able to
divert, treat and transmit to the Delivery Point the net amount of Potable Water at the Delivery
Point produced from the 2714 acre -feet of Raw Water per year to be made available under the
terms of this Agreement.
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b. The District and the City recognize that production and transmission of Potable
Water, for supplemental needs of the City, is dependent upon the System Contract, and as such,
the Raw Water Charge and the Minimum Fee payable to the District by the City will only be in
effect as long as, and will run concurrently with, the term of the System Contract.
C. Upon execution by the District of the System Contract, an initial Minimum Fee of
thirty eight thousand eight hundred fifty dollars ($38,500) per year will be implemented and
become due coinciding with the date the District and the Authority have both executed the
System Contract. It will be a choice of the City whether the fee will be paid annually on initiation
of the System Contract and each anniversary of the System Contract thereafter, or paid monthly
by submitting 1 /12th of the total annual amount for each month during a year, on the first of each
month beginning with the initiation of the System Contract. Regardless of the method of
payment, it will be the responsibility of the City to make the payment of its choice without
requiring additional billing by the District. In the event that it is necessary for the District to send
a bill relating to the Minimum Fee or other charges to the City, for any reason that may occur, the
submitted bill may also include any costs of billing, or expenses incurred as the result of the
necessity to create a billing, and will be due and payable upon receipt by the City.
d. The District and the City recognize that all facilities necessary for the City to take
delivery and transport any Water may require a significant amount of time to have approved,
designed, or otherwise constructed, and with regard to implementing a Minimum Fee, the Distric'
agrees to not change the said fee for an initial period of five (5) years, beginning the effective date
of the System Contract. Ninety (90) days prior to the beginning of the sixth year of the System
Contract, the District will calculate a new Minimum Fee, that can be adjusted by a percentage no
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greater than a percentage increase that the District's Constituent Cities may have experienced in
their Potable Water rates from the District, during the same time period that this Agreement has
been in effect. In the event that no increase in Constituent Cities' Potable Water rates has
occurred, the Minimum Fee will remain the same unless adjusted pursuant to Section VII.2.e.
below. Annually thereafter, and in the same manner, the Minimum Fee will be calculated for the
City and the District will notify the City thereof.
e. Notwithstanding anything herein to the contrary, the District may increase the
Minimum Fee as appropriate to recoup the portion of any Required Improvements attributable to
the City and constructed and paid for by the District.
3. Volumetric Rates for Delivery of Potable Water. a. The City also will pay an
amount for all Potable Water delivered at the Delivery Point as provided in this Section VII.3;
provided, however, the amount owed under this Section VII.3. shall be reduced by, and the City
shall be credited for, any amount paid by the City to the District during the same period for the
Minimum Fee established pursuant to Section VII.2 of this Agreement.
b. The District's Board of Directors shall establish from time to time a volumetric
rate or combination of rates to be charged the City by the District per thousand gallons of Potable
Water delivered at the Delivery Point. The initial volumetric rate will be established by the
District's Board of Directors within ninety days after the City notifies the District pursuant to
Section IV.3. of the City's intent to begin taking Potable Water. The volumetric rate(s) for the
City shall be the same as the rate or combination of rates for Potable Water of the Constituent
Cities other than Hamilton plus 2 '/2 percent. The rate(s) shall be adjusted automatically, without
any further action by the District, upon a change by the District of the rate(s) for Potable Water of
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the Constituent Cities other than Hamilton. Notice of proposed changes to the volumetric rate(s)
will be provided to the City no later than sixty (60) days prior to the adoption of any change.
4. Billing and Payment. The District shall bill the City one time each month for the
amount determined by multiplying the volumetric rate established pursuant to Section VII.3.
above times the amount of Potable Water delivered to the City during the month. Each bill
submitted to the City shall be paid to the District at its address pursuant to Section IX. 11, no later
than the 10`s day of the month following when usage occurred that is being billed or within ten
(10) days of receipt of bill if billed after the first of any month. In the event that the City fails to
make payment as prescribed above, the City shall pay a late payment penalty of five percent (5 %)
of the bill, plus interest equal to the lesser of the maximum allowed by law or at a rate established
by the District's Board of Directors applicable to delinquent customer bills. To the extent not in
conflict with this Agreement, the District's other policies applicable to payment of bills for service
to its Water customers shall also apply to payments owed by the City under this Agreement.
IN"
DEFAULT
1. Default. a. In the event the City should default in the payment of any amounts
due the District under this Agreement, or in the performance of any material obligation to be
performed by the City under this Agreement, then the District, after having given the City
appropriate notice of such default under the circumstances and reasonable opportunity (not to
exceed thirty (30) days) to cure same, shall have the right to curtail, limit, or suspend Water
service and/or pursue any other remedy available to it at law or in equity. In the event such
default remains uncured for ninety (90) days, the District also shall have the right to permanently
O
334
terminate or restrict Water service to the City under this Agreement, or to terminate this
Agreement.
b. In the event that the District defaults in the performance of any material obligation
to be performed by the District under this Agreement, then the City, after having given the
District thirty (30) days, by written notice of such default and the opportunity to cure the same,
shall have the right to pursue any remedy available at law or in equity, pending cure of such
default by the District. In the event such default remains uncured for a period of ninety (90) days,
then the City also shall have the right to notify the District that the City intends to take a more
limited amount of Water from the District or may terminate this Agreement.
IX.
GENERAL PROVISIONS
1. No Tax Obligation of City. The District shall never have the right to demand
payment by the City of any obligation assumed or imposed on it under and by virtue of this
Agreement from funds raised or to be raised by taxation, it being expressly understood by the
parties hereto that all payments due by the City hereunder are to be made from the revenues and
income received by the City from its waterworks and sanitary sewer system.
2. Payments to Constitute Operating Expenses of City. The City represents and
covenants that the Water services to be obtained pursuant to this Agreement are essential and
necessary to the operation by the City of its own System and the provision of Potable Water to is
constituents, and that all payments to be made hereunder by it will constitute reasonable and
necessary operating expenses of the City's waterworks and sanitary sewer system, within the
meaning of Article 1113, Vernon's Texas Civil Statutes, and the provisions of all ordinances or
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V. ,1
resolutions, as appropriate, authorizing the issuance of all bonds or other obligations of the City
which are payable from revenues of the City's waterworks and sanitary sewer system.
City's Rates. Fees and Charges. The District acknowledges that the City has the
right under applicable law to assess, charge and collect such customer impact fees, capital
recovery fees, connection fees, meter fees, or other service fees, rates or other charges as it will
deem appropriate. The parties will not construe this Agreement to require (except as provided
otherwise in this Section), limit or restrict the governmental power of the City to implement the
same. The City will be solely responsible for the proper exercise of its governmental power to
assess and collect such fees, rates and charges and for ensuring that all fees, rates and charges the
City elects to charge are in compliance with applicable law. The City agrees to establish and
collect such fees, rates and charges for its waterworks and sanitary sewer services to be supplied
by its waterworks and sanitary sewer system as will make possible the prompt payment of all
expenses of operating and maintaining its waterworks and sanitary sewer system including the
payments provided herein, and the prompt payment of the principal of and interest on its
obligations, if any, payable from the revenues of its waterworks and sanitary sewer system.
4. Force Majeure. In case by reason of Force Majeure either parry hereto shall be
rendered unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such Force Majeure in writing to the other parry
within a reasonable time after occurrence of the event or cause relied on, the obligation of the
party giving such notice, so far as it is affected by such Force Majeure, with the exception of the
obligation to pay the Raw Water Charge, the Minimum Fee, the amounts charged for Potable
Water delivered at the Delivery Point as provided in Section VII.3. of this Agreement, and the
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other amounts, fees and charges imposed by the District hereunder, shall be suspended during the
continuance of the inability then claimed, but for no long6r period, and any such party shall
endeavor to remove or overcome such inability with all reasonable dispatch. It is understood and
agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the
party having the difficulty and that the above requirement that any Force Majeure shall be
remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is unfavorable in
the judgment of the party having the difficulty.
5. Governmental Reaulation. This Agreement shall be subject to all valid Regulatory
Requirements. The District and the City agree that their respective obligations under this
Agreement shall include compliance with all valid Regulatory Requirements.
6. Cooperation to Assure Regulatory Compliance. Since the District must comply
with all Regulatory Requirements to obtain permits, grants and assistance for System
construction, studies, etc., the City will cooperate with the District in good faith at all times to
assure compliance with any such Regulatory Requirements where noncompliance or
non - cooperation by the City may subject the District to penalties, loss of grants or other funds, or
other adverse regulatory action. The City agrees to adopt and enforce, and to provide in its
wholesale contracts with its Water customers in the future that they shall adopt and enforce, an
appropriate Water conservation and/or drought management plan as required by the District or
Regulatory Authorities. The City will provide any support material requested by the Authority,
the District, or any Regulatory Authority requesting information or documentation necessary for
contracting purposes, regulatory compliance, or to comply with other Regulatory Requirements
23
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as they may now or hereafter exist. The support material can consist of, but is not limited to,
engineer's reports or other information supporting the City's request(s) to the District or the
District's request to the Authority. It will be the responsibility of the District to inform the City of
the need for any required documentation that the City must provide, and the City will in a timely
manner respond to such requests when made.
7. Contracts with Others. a. The parties understand that each of them may in the
future deliver Potable Water at other points to other customers. Nothing in this Agreement shall
impair the parties' rights to enter into such contracts with other customers. However, the City
agrees that no Raw or Potable Water that is obtained from the District may be sold or in any way
contracted to be resold outside of Eastland, Comanche, Erath, Hamilton, Lampasas, or Coryell
Counties.
b. The District shall have the right to enter into agreements with other persons so
long as such agreements do not prevent the District from meeting its obligations to provide
service to the City from the District's System in accordance with this Agreement.
8. No Additional Waiver Implied. No waiver or waivers of any breach or default (or
any breaches or defaults) by either party hereto of any term, covenant, conditions, or liability
hereunder, or of performance by the other parties of any duty or obligation hereunder, shall be
deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
9. Addresses and Notice. Unless otherwise provided in this Agreement, any notice,
communication, request, reply, or advice (herein severally and collectively, for convenience, called
"Notice ") herein provided or permitted to be given, made or accepted by either party to the other
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338
must be in writing and may be given or be served by depositing the same in the United States mail
postpaid and registered or certified and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party, or by telecopier, when
appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of four (4) days after it is so deposited. Notice given in
any other manner shall be effective only if and when received by the party to be notified. For the
purpose of notice, the addresses of the parties shall, until changed as hereinafter provided, be as
follows:
If to the District, to:
Manager
Upper Leon River Municipal Water District
PO Box 67
Comanche, Texas 76442
If to the City, to:
City Manager
City of Stephenville
298 W. Washington
Stephenville, Texas 76401
The parties shall have the right from time to time and at any time to change their respective
addresses and each shall have the right to specify as its address any other address by at least
fifteen (15) days written notice to the other parties.
10. Modification. The Agreement shall be subject to change or modification only with
the mutual consent of the governing bodies of each of the parties hereto and provided that such
modifications must be in writing and signed by both parties to be effective.
25
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11. Assi ability. This Agreement shall not be assignable by either parry without the
prior written consent of the other party.
12. Severabilitv. The provisions of this Agreement are severable, and if any provision
or part of this Agreement or the application thereof to any person or circumstance shall ever be
held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Agreement and the application of such provision or part of this Agreement to
other persons or circumstances shall not be affected thereby.
13. Merger. This Agreement constitutes the entire agreement between the parties
relative to the subject matter thereof. There have been and are no agreements, covenants,
representations or warranties between the parties other than those expressly stated herein or
expressly provided for herein.
14. Venue. Venue for any action arising hereunder will be in Comanche County, Texas.
15. No Third Parry Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than the parties hereto, any rights, benefits,
duties, obligations or remedies under or by reason of this Agreement.
16. Consents. Approvals and Coo eration. Wherever this Agreement requires consent,
approval or cooperation by a party to the Agreement, such consent, approval or cooperation shall
not be unreasonably withheld or delayed.
ARTICLE X
EFFECTIVE DATE AND TERM OF AGREEMENT
1. Effective Date. This Agreement shall become effective upon execution by both the
District and the City.
26
3 4.1)
1 .,
2. Term of Agreement. This Agreement shall continue in force and effect from the
effective date hereof for a period ending upon the earlier of (i) the expiration or termination of the
System Agreement, or (ii) termination of this Agreement as provided herein..
IN WITNESS WHEREOF, the parties hereto acting under authority of their respective
governing bodies have caused this Agreement to be dul executed in several counterparts, each of
which shall constitute an original, all as of the 'Z�O day of 1999. ..
UPPER LEON RIVER MUNICIPAL WATER DISTRICT
Lo
ATTEST:
Secretary, Board of Direct r6 s
e . 7Lec_
Gyale C. Pirkle
President, Board of Directors
(SEAL)
CITY OF STEPHENVILLE, TEXAS
�F S � y�, 1m Moser
yor
AT ST:
i • YN
City Secr „R,P
27
341,
4
COPY
RESOLUTION
99 -0614a
AUTHORIZING OFFICIALS TO EXECUTE CONTRACTING DOCUMENTS
NECESSARY TO ENTERING INTO A WATER PURCHASE AGREEMENT
WITH THE CITY OF STEPHENVILLE
§ THE STATE OF TEXAS
§ COUNTY OF COMANCHE
§ UPPER LEON RIVER MUNICIPAL WATER DISTRICT
The District is a conservation and reclamation district, established by virtue of Article XVL
Section 59 of the Texas Constitution, created by Acts 1961, 57d3 Legislature, Regular Session, Ch.
405 (Vernon's Ann. Civ. St. 8280 -257), and as amended by Acts, 1965, 59' Legislature, Regular
Session, Ch. 542, Acts 1975, 64 "' Legislature, Regular Session, Ch. 542, and Acts 1997, 75'h
Legislature, Regular Session, Ch. 1152 (collectively, the "Act') for the purpose of providing a source
of Water supply for municipal, domestic, and industrial uses and processing and transporting such
Water for its constituent cities of Hamilton, Gorman, Dublin, De Leon and Comanche and for other
persons.
NOW, THEREFORE, BY THE AIL-THORITY G=RANTED by the aforementioned
Act, to do any and all things to make available for municipal and industrial uses the water from
Proctor Dam and Reservoir, pursuant to such rights as District may acquire in such reservoir from
Brazos River Authority, and pursuant to Section 7 and Section 16 of the Act which authorizes and
empowers the District to enter into contracts with other others for supplying water to them and to
construct, acquire and operate all works, plants and other facilities necessary or useful for the purpose
of diverting, further impounding or storing such water, processing it, and transporting it either
processed or unprocessed, to cities and others for municipal, domestic and industrial purposes,
342
Resolution 99 -0614a
Pertaining to Authorization
to Contract with City of Stephenville
THE DISTRICT'S -BOARD OF DIRECTORS HEREBY RESOLVES, that the
Board President, Board Vice President, Board Secretary/Treasurer and the District Manager be
authorized to provided the required signatures necessary to execute all documents or other
instruments pertaining to entering into a water purchase agreement with the City, of Stephenville,
Texas, said documents having been approved by the District's Board of Directors. Any two of the
above named signees is sufficient to bind the District.
THERI3FORE, tl s Resolution by the vote taken on June 14th, 1999, to approve
and like vote recorded as _7 / ayes and 0 nays, be it RATIFIED, RESOLVED,
"APPROVED-' A D'ADOPTED by the Board of Directors this loth day of June, 1999.
Gyale Pirkle
President of the Board
Upper Leon River Municipal Water District
ATTEST
_ SEAL
Ben Evridge
Secretary
Upper Leon River Municipal Water District
343
STATE OF TEXAS §
COUNTY OF COMANCHE §
This instrument was acknowledged before me on July Z�1999, by GYALE C.
PIRKLE, President of the Board of Directors of the Upper Leon River Municipal Water District,
on behalf of said corporation.
D
No y Public, State of Texas
o Y P 84 LOTTIE SUE JOHNSON
STATE OF TEXAS § NOTARY PUBLIC
STATE OF TEXAS
"�oF�` MY CommissionFxpires8 -1 &2000
COUNTY OF ERATH § -
This instrument was acknowledged before me on July 21, 1999, by JOHN MOSER,
Mayor of the City of Stephenville, a municipal corporation, on behalf of said corporation.
'-VA Kr. oAAA
Notary Public, State of Texas
aj MY CMMISSION DO'IBES
`;"�I AuOust 12, 2000
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Collier Consulting, Ine,
741 West College St.
Stephenville, Texas 76401
Ca Office: (254) 968 -8721 Fax: (254) 968 -8725
www.colIierconsulting.com
WORK PLAN FOR CITY OF STEPHENVILLE TRINITY AQUIFER STUDY: PHASE 11
Tasks 1 -5 must be completed in order to site additional production wells, either as
extensions of an existing well field or as part of a new well field. Also, the tasks must be
completed in order to realistically compare the cost of additional groundwater capacity with
surface water from Lake Proctor. It will take three months to complete Tasks 1 -5.
Task 1. Locate and identify private wells in the general area between F.M. 914 and S.H.
67 that can be logged with a gamma ray tool. These can be new wells with no
Pump, old wells with the pumps pulled, or wells with pumps that are not being
used. In the event that a pump must be pulled, the work will be done by a well
driller and billed directly to the City. Cost: $70 per hour, plus expenses.
Task 1 includes the following:
1. Work with the property owners to gain permission for the gamma
ray logging and for using the well for long term water level
monitoring.
2. If necessary, supervise the preparation of the well for gamma ray
logging.
3. Site the well location with GPS equipment.
4. Locate and review the driller's log.
5. Measure the water level.
6. Add the data to the digital database.
Task 2. Run a gamma ray log in the wells identified in Task 1. Obtain the data in both
digital and hard copy form. Cost: $1,000 per well.
Task 3. Obtain water samples from the wells identified in Task 1 and perform chemical
analysis of selected constituents (e.g. iron, sulfate, specific conductance, and
pH). The analyses will be added to the digital database. Cost $70 per hour,
plus expenses.
Task 4. Determine the best locations for additional wells and/or a new well field. Cost:
$70 per hour, plus expenses.
The Trinity Aquifer sands will be mapped across the southern half of
Erath County. This will be accomplished by utilizing the gamma ray logs
from the monitoring wells, logs from City of Stephenville wells, logs from
private wells, logs from the files of Collier Consulting, and selected
driller's logs. Maps will include the top of the Trinity Aquifer, the base of
the Trinity Aquifer, and the thickness of the sands.
2. Cross sections will be prepared showing the Trinity water level in relation
345
to the sand bodies.
3. Items 1 and 2, along with the water analyses from Task 3, will be used
as the criteria for selecting well locations.
Task 5. Update the database of potential monitoring wells. Itemize what needs to be
done to each well to make it a monitoring well. Cost: $70/hour, plus expenses.
Total cost for Tasks 1 -5 is not to exceed $80,000.
Hughbert Collier
July 1, 1999
an