􀁾􀁎 '.,.""., D WSC NORTH DALLAS COUNTY WATER SUPPLY CORPORATION NORTH DALLAS COUNTY WATER SUPPLY CORPORATION PROJECT MANAGEMENT AGREEMENT This Project Management Agreement (together
with any amendments and/or supplements hereafter referred to as the "Agreement"), dated as of April 15, 1993 and executed by and between the North Dallas County Water Supply Corporation
("Corporation") the Town of Addison ("Town") and the City of Farmers Branch ("City"). WITNESSETH: WHEREAS, The City of Farmers Branch and the Town of Addison entered into an Interlocal
Agreement dated March 18, 1991 to create the North Dallas County Water Supply Corporation for the purpose of joint design, finance, construction, ownership, operation and maintenance
of the "Eastside Interceptor Sewer System"; and, WHEREAS, The City of Farmers Branch will provide certain project management services to the Corporation during the design and construction
period; and, WHEREAS, Section 2 (d) (iii) of the Interlocal Agreement empowers the Corporation to to enter into construction management, administration or servicing agreements subject
to the condition that A) such agreement shall not be effective until the same shall have been approved by the governing body of the Town and B) the costs to the Corporation of obtaining
such project management services shall be induded and budgeted as a part of the operating costs of the Corporation. NOW THEREFORE, the North Dallas County Water Supply Corporation, the
Town of Addison, and the City of Farmers Branch agree as follows: SECTION 1. Contract Administration The City will provide contract administration services to the Corporation, within
the Corporation budget adopted and approved by the Corporation from time to time (hereinafter referred to as the "Corporation Budget", and a copy of the initial Budget for Fiscal Year
1992-93 is attached hereto as Attachment "A".) as Development costs, which will be limited to the following activities performed for the benefit of the Corporation: -Provision ofinformation
regarding existing utilities and infrastructure during the design and construction phase. 1 P. O. Box 819010, FARMERS BRANCH, TEXAS 75381
-Review and approval of all designs, specification and contract documents. -Coordination of activities among various contractors. -Coordination of activities between contractors and
property owners. -Coordination of activities with utility companies. Any other contract administration services that might be required must be separately approved by the Board of Directors
of the Corporation. This work will be performed by the following three classifications of personnel employed by the City (1992-93 pay ranges for these positions are contained in Attachment
B): Project Engineer, Engineering Technician and Clerical. The Corporation will compensate the City for actual hours worked at the actual hourly rate of each individual plus an additional
25% of the actual cost of such work paid or payable by the City to pay the overhead of City associated with those personnel. The Corporation will also reimburse the City for all out
of pocket cost incurred and paid by the City related to the contract administration activities. The City will bill the Corporation for the services on a monthly basis on or about the
1st day of each month for the preceding month. Each bill will contain time sheets which outline the name and position of the individual providing services, their actual hourly rate,
the overhead rate, number of hours charged and a description of services provided. The City will also provide invoices or receipts for all out of pocket costs. SECTION 2. Financial Administration
The City will provide financial administration services, recognized within the Corporation budget as General Overhead Costs, to the Corporation which will be limited to the following
activities performed for the benefit of the Corporation: -Accounting and preparation of monthly fmancial reports. -Payments to contractors and vendors. -Bank account maintenance and
reconciliation. Investment of bond proceeds in accordance with the Trust Indenture or other agreement governing the use of the bond proceeds, State law and the Corporation policies.
-Assistance and cooperation with the annual audit of the Corporation, but not for responses to auditors employed by the City or the Town separately, which costs shall be borne by the
party employing such auditors. 2
Any other financial administration services which might be required must be separately approved by the Board of Directors of the Corporation. This work will be performed by the following
three classifications of personnel employed by the City (1992-93 pay rate for these positions are contained in Attachment B): Chief Accountant, Senior Accountant and Clerical. The Corporation
will compensate the City for . actual hours worked at the actual hourly rate of each individual plus an additional 20% of the actual cost of such work paid or payable by the City to
pay the overhead of City associated with those personnel. The Corporation will also reimburse the City for all out of pocket cost incurred and paid by the City related to financial administration
services. The City will bill the Corporation for the services on a monthly basis on or about the Ist day of each month for the preceding month. Each bill will contain time sheets which
outline the name and position of the individuals providing services, their actual hourly rate, the overhead rate, number of hours charged and a description of services provided. The
City will also provide invoices or receipts for all out of pocket costs. SECTION 3. Public Relations and Administrative Services The City will be required, as a matter of service to
its citizens, to provide extensive public information and expend a significant amount of staff time on public· relations relative to the project. The City will develop. a public relations
program to be funded by the Corporation. The cost of the public relations program must be approved in advance by the Board of Directorsr of the Corporation. The City will also provide
certain administrative services relative to matters legally i'equired of the Corporation. These costs must be within the Corporate budget as General Overhead costs. This work will be
performed by the following three classifications of personnel employed by the City of Farmers Branch (1992-93 pay ranges for these positions are contained in Attachment B): Public Information
Coordinator, City Management Assistant and Clerical. The Corporation will compensate the City for actual hours worked (within the approved program cost as it relates to the public relations
effort) at the actual hourly rate of each individual plus an additional 20% of the actual cost of such work paid or payable by the City to pay the overhead of City associated with those
personnel. The Corporation will also reimburse the City for all out of pocket cost incurred and paid by the City (within the approved program cost as it relates to the public relations
effort) related to public relations and administrative services. The City will bill the Corporation for the services on a monthly basis on or about the 1st day of each month for the
preceding month. Each bill will contain time sheets which outline the name and position of the individuals providing services, their actual hourly rate, the overhead rate, number of
hours charged and a description of services provided. The City will also provide invoices or receipts for all out of pocket costs. 3
SECTION 4. General Provisions Except as provided above Corporation shall have no obligation for overhead or employment costs associated with City's performance of this Agreement. Without
limiting the scope of the preceding sentence, the Corporation shall specifically have no obligation for all or any part of the employment taxes or employee benefits provided by City
to any personnel performing services under this Agreement. This Agreement shall remain effective until the project is completed as evidenced by issuance of a certificate of completion
or until terminated by the City, the Town or the Corporation. Termination of this agreement shall be effective 30 days after the party causing such termination sends written notice to
the other parties. All parties further agree that all records maintained or created pursuant to this Agreement shall at all times be the exclusive property of the Corporation and upon
termination of this agreement and at any other reasonable time shall be available for inspection by a a representative designed by the City Manager of the Town. If any action at law
or in equity, including and action for declaratory judgment, is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorneys
fees and all costs of suit from the other party in addition to all other relief available at law or in equity. This Agreement may not be amended except by a subsequent written instrument
signed by all the parties. No action or failure to act or course of conduct shall constitute a waiver or abandonment of any obligation arising under this Agreement. This Agreement becomes
effective upon execution by all parties. 4
Attestt /( ",Corporate Secretary !/. Attest: 􀁃􀁌􀁾􀀧􀁌 Town Secretary Attest: North Dallas County Water Supply Corporation 􀁂􀁹􀀺􀀬􀀴􀂣􀀻􀁌􀁾􀀩 Corporate President .. Town of Addison
B;Ee-􀁾􀁏 'to Town Manager Approved As to Form: 􀁾􀁦􀀮􀁾􀀭􀀭􀀮􀀧 Town Attorney City of Farmers Branch Approved As to Form: 􀁾􀁮 City 􀁁􀁴􀁴􀁯􀁲􀁮􀁥􀁾 5
11120192 NORTII DALLAS COUNTY WAlER SUPPLY CORPORATION OPERATING AND DEBTSERVICE FUND Current Year Budget and Projected Estimates for YealS Ending September 30 Attachment "A" BEGINNING
FUND BALANCE REVENUES: Charges to participant cities Addison Farmers Branch Interest income and miscellaneous Transfer from construction fund Total revenues TOTAL AVAILABLE RESOURCES
EXPENDITURES: General Overhead Salaries Supplies Legal Fees Insurance Misc. professional services Total overhead Debt service: Principal Interest Total debt service Transfer to construction
fund Total expenditures ENDING FUND BALANCE •• For information purposes only. 635,000 .. 520,000 2,000o 1,157,000 .12,000 1,000 . 2,000 ··25,000 7,000 47,000 ACTUAL 1991-92$0 335,500
274,500oo 610,000 610,000°o 1,447 8,525 92 10,064ooo 496,930 506,994 $103,006 BUDGEr 1992-93 $103,006 243,861 199,522 2,000 1,123,000 1,568,383 1,671,389 12,000 1,000 2,000 25,000 7,00>
47,000 346,383 1,125,000 1,471,383o 1,518,383 $153,006 1993-94 $153,006 391,506 320,323 2,000 1,884,521 2,598,350 2,751,356 12,000 1,000 2,000 25,000 7,000 47,000 614,830 1,886,521 2,501,351o
2,548,351 $203,005 ESTIMATED .. 1994-95 $203,005 1,456,593 1,191,758 10,000o 2,658,351 2,861,356 12,000 1,000 2,000 25,000 7,000 47,000 660,942 1,840,409 2,501,351° 2,548,351 $313,005
1995-96 $313,005 1,429,093 1,169,258 20,000o 2,618,351 2,931,356 12,000 1,000 2,000 25,000 7,000 47,000 710,512 1,790,838 2,501,350o 2,548,350 $383,006
Attachment "A" t1/20192 NORTII DALLAS COUNTY WATER SUPPLY CORPORATION CAPITAL PROJECf FUND Current Year BUdget and Projected Estimates for YealS Ending September 30 BUDGEr 1991-92 ACfUAL
1991-92 BUDGEr 1992-93 FSfIMATED •• 1993-941994-95 .. PROJEc;r . ··BlJDGEr . BEGINNING FUND BALANCE $0 $0 $0 $7,617,570 $6,994,249 0 0 412,500 288,800 0 1,000,000 496,930 800,000 600,000
703,070 ·.2,600,000 0 0 6,000,000 9,000,000 6,485,000 \21,485,000 100,000 0 200,000 0 0 200,000 1,100,000 496,930 7,000,000 9,600,000 7,188,070 24,285,000 0 0 1,123,000 1,884,521 0 .
3,007,521 1,100,000 496,930 8,535,500 11,773,321 7,188,070 $0 $0 $7,617,570 $6,994,249 $0 0 0 15,000,000 10,500,000 0 0 0 550;000 650,000 193,821 1,100,000 496,930 603,070 0 0 1,100,000
496,930 16,153,070 11,150,000 193,821 1,100,000 496,930 16,153,070 18,767,570 7,188,070 EXPENDITURES: Financing costs Developmental costs: Engineering, design & inspection Construction
LandIR.O.W. acquisition Total development Transfer to operating fund ENDING FUND BALANCE REVENUES: Proceeds from bond sale Interest and miscel1aneous Transfer from operating fund Total
revenues Total expenditures TOTAL AVAILABLE RESOURCES •• For information purposes only.
Attachment "B" Attachment "B" to the Project Management Agreement between the North Dallas County Water Supply Corporation, the Town of Addison and the City of Farmers Branch Following
are the 1992-93 hourly rate ranges for the positions which are identified as providing project management services in the Agreement. Contract Administration Position Project Engineer
Engineering Technician Clerical Position Chief Accountant Senior Accountant Clerical Position Public Information City Management Asst. Administrative Secretary 1992-93 Hourly Rate Range
$30.24 to 37.80 $18.24 to 22.80 $11.57 to 14.46 Financial Administration 1992-93 Hourly Rate Range $27.06 to 32.47 $18.26 to 21.91 $12.51 to 15.01 Public Relations and Administrative
Services 1992-93 Hourly Rate Range $19.34 to 23.21 $18.84 to 22.61 $17.82 to 21.38
STATE OF TEXAS COUNTY OF DALLAS INTERLOCAL SANITARY SEWER INTERCEPTOR AGREEMENT This Interlocal Sanitary Sewer Interceptor Agreement (together with any amendments and/or supplements,
the or this "Agreement"), dated as of March 18, 1991, and executed by and between the Town of Addison, Texas ("Addison") and the City of Farmers Branch, Texas ("Farmers Branch"), Addison
and Farmers Branch being herein collectively called the "Cities": WITNESSETH: WHEREAS, the Cities are authorized by the Interlocal Cooperation Act ("Interlocal Act"), Article 4413(32c),
Vernon's Texas Civil Statutes, as amended, to enter into cooperative agreements for the purpose of fulfilling and implementing their respective public and governmental purposes, needs
objectives, and programs; and WHEREAS, the Cities each have a need for facilities for the purpose of discharging and transporting effluent, sewage and other permissible liquid wastes,
and delivering the same to qualified points of treatment, and they have determined that economy and efficiency, and public safety can best be achieved through the construction and operation
of a joint sanitary sewer interceptor project, the same to be generally located as shown on Exhibit A hereto and designated as the "Eastside Interceptor Sewer System" and consisting
of the Interceptor Tunnel and the Collector Sewer Lines, herein collectively called the "PROJECT"; and WHEREAS, the Cities have determined that the Project can best be designed, financed,
constructed, owned, operated, and maintained by a single entity, acting on their behalf and as their administrative agency and instrumentality under the Interlocal Act; and WHEREAS,
accordingly, the Cities have agreed to the creation of a non-profit water supply corporation under and pursuant to Article 1434a, Vernon's Texas Civil Statutes, as amended, to perform
the functions described herein; 1
NOW, THEREFORE, ADDISON AND FARMERS BRANCH AGREE AS FOllOWS: Section 1. Development of the Project. (a) The Cities agree to cause the Project to be provided for their benefit in accordance
with the terms hereof. (b) The Project shall be designed, financed, developed, owned, and operated in accordance with the general procedures herein set forth. Section 2. Creation. Powers
and Duties of Administrative Agency. (a) The Cities agree that they will authorize and approve, by the adoption of concurrently adopted resolutions (the "Resolutions"), the incorporation
and organization of a non-profit water supply corporation, to be named "North Dallas County Water Supply Corporation" (the "Corporation"), under and pursuant to Article 1434a, Vernon's
Texas Civil Statutes, as amended. (b) The Corporation shall be incorporated for the purposes, shall have the powers, and shall be governed in the manner, set forth in the articles of
incorporation and bylaws to be approved and attached to the Resolutions, subject to the conditions and limitations set forth herein. (c) The officers of the Corporation shall be selected
in the manner set forth in the articles of incorporation except that the positions of President and Vice President shall not be persons appointed from the same City and the position
of President and Vice President shall rotate between persons of different Cities at least every two years. Provided, however, that the first President shall be selected from among the
persons appointed by Farmers Branch and shall serve until the normal expiration date of the term in effect on the date of completion of construction of the Project. (d) The Cities designate
the Corporation as their administrative agency under the Interlocal Act and authorize it, when incorporated, to exercise the powers granted to it by law in furtherance of its corporate
purposes, including, but nol limited to, the following services and functions, but subject to the following limitations and conditions: (i) To enter into contracts with engineers, attorneys,
financial consultants, and other needed professionals for the purposes of designing, financing, and acquiring the Project, and preparing the Project for construction, and to enter into
construction and construction management 2
contracts for the purpose of constructing, installing, and equipping the Project, subject to the requirement that construction shall not be commenced until the plans and specifications
therefor have been approved by the governing body of each of the Cities; (ii) To obtain land, easements, and rights-of-way for the Project, subject to the conditions that (A) no right-of
way acquisition shall be made until the location thereof has been approved by the governing body of Farmers Branch, and (B) no interest in land or other property shall be acquired through
the exercise of the Corporation's power of eminent domain until the use of such power in each specified case has been approved by each of the governing bodies of the Cities; (iii) To
enter.into s.eparate construction management, administration, or servicing agreements with Farmers Branch, by which Farmers Branch will provide personnel and management services to the
Corporation during the period of construction within its corporate limits, and thereafter for the purpose of maintaining the Project, subject to the conditions that (A) such agreement
shall not be effective until the same shall have been approved by the governing body of Addison, and (B) the costs to the Corporation of obtaining such services shall be included and
budgeted as a part of the operating costs of the Corporation; (iv) To issue bonds, notes, and other lawful forms of debt instruments, on behalf of the Cities, within the meaning of Section
103(a) of the Internal Revenue Code of 1986, as amended, for the purposes of providing, operating, and maintaining the Project, subject to the conditions that (A) such bonds, notes,
and other debt instruments shall be payable solely and exclusively from the revenues of the Corporation from the ownership and operation of the Project and/or from individual and separate
Sewer Interceptor Service Agreements entered into between the Corporation and Addison and/or the Corporation and Farmers Branch, executed by the respective Cities pursuant to Section
4(d) hereof, (B) no bonds, notes, or other debt instruments shall be issued until the same are approved by the Cities to the extent required by the articles of incorporation and bylaws
of the Corporation, and (C) each and every bond, note, or other debt instrument shall contain a provision stating in effect, that the default by one of the Cities under any contract
or agreement executed by it shall never be or constitute a default of or give rise to a claim against the non-defaulting City; and (v) To Perform any function and duties imposed on it
by the terms and provisions of any contract to which it is a party. 3
Section 3. Ownership of Project. Acceptance of Title. (a) The Project, subject to the requirements of, and to the rights reserved to the Cities in this Section, shall be owned by the
Corporation, but shall be held and used solely for the public purposes of the Cities. (b) Subject to the provisions of Section 5, upon payment of all bonds, notes, and other debt instruments
of the Corporation, title to the interceptor tunnel and each collector sewer line shall vest in, and by proper conveyance and instruments of title transfer be conveyed to the Cities
in accordance with the respective percentages of allocated flows as set forth for the interceptor tunnel and each collector sewer line as set forth in Exhibit B, attached hereto. (c)
The Cities, acting jointly, may, at any time, direct the Corporation to convey title to the Cities jointly in the undivided interests specified in subsection (b) of this Section, subject
to the conditions that (i) the Cities shall severally assume and agree to pay, in proportion to their respective ownership interest in the Project, . their respective share of all obligations
of the Corporation of every nature and kind, and (ii) such transfer and assumption shall not in any respect alter or modify the obligations to make payments in the manner, from the respective
City, from the sources, to the persons, and in the amounts required by the terms of any contract or agreement theretofore executed by the Cities, respectively, and pledged to pay any
bonds, notes, or other debt instruments theretofore issued by the Corporation and at the time outstanding. (d) From and after the date of receipt of title to the Project under any of
the provisions of this Section, the Project, and its costs, expenses, and obligations shall be operated, maintained, and paid for in the same manner and in the same proportions as in
effect on the date of such transfer until such time as the Cities shall mutually agree otherwise. Section 4. Allocation of Costs Prior to Completion. (a) For purposes of this Section,
the following terms have the following meanings, to-wit: "Development Costs" means the fees, costs, reimbursable expenses, construction contract amounts, costs of contract supervision
and management, and similar costs relating to the Project, due and owing to engineers, contracting contract managers, and the costs, fees and expenses incurred in connection with the
Project. 4
"Financing Costs" means costs, such as the payments to be made to financial advisors, bond counsel, underwriters, and printers, incurred by the Corporation for services rendered to each
of the Cities, respectively, in connection with financing of its share of the costs of the Project. "General Overhead Costs" means the general costs and expenses of the Corporation incurred
prior to and on account of the completion of the Project for accounting, legal, and similar costs incurred by the Corporation that are not included as a Financing Cost or a Development
Cost, and that are not related specifically to a Collector Sewer Line or to the Interceptor Tunnel designated on Exhibit A, attached hereto. (b) It is agreed by the Cities that unless
an adjustment shall be made pursuant to Section 5, the Development Costs shall be paid for by the Cities, respectively, in the respective percentages of allocated flows as set forth
for the Interceptor Tunnel and the Collector Sewer Lines, as set forth in Exhibit B, attached hereto. To the extent such costs are not allocated to each specific portion of the Project
by specific contracts, the Cities shall mutually agree as to the amount to be allocated to each portion of the Project. . (c) It is agreed by the Cities that each of Farmers Branch and
Addison, respectively, shall pay 100% of the Financing Costs incurred in connection with the financing of its share of the total costs of the Project. (d) It is agreed by the Cities
that Farmers Branch shall pay 45 %, and Addison shall pay 55% of the General Overhead Costs. (e) It is agreed and understood that each of the Cities may obtain funds for all or any portion
of its costs required to be paid under this Section from any lawfully available source, including financing provided to each of the respective Cities by the Corporation under separate
contracts and agreements between the applicable City and the Corporation. (f) Prior to the date the Project becomes operational, the Corporation shall, in accordance with the procedures
established in its bylaws, establish preliminary budgets and operating and maintenance standards and costs for all purposes. To the extent not provided for in lump sum, Addison shall
pay, in the form of periodic advances, made monthly when and as billed therefor, its share of the amounts thus established, determined in accordance with Section 4, and Farmers Branch
shall pay its share thereof as determined under Section 4. 5
(g) The Corporation, to the extent it lawfully may do so, shall include within the amounts of bonds, notes, or other debt instruments issued by it sums that are sufficient to reimburse
and repay the Cities, respectively, for the advances made prior to operation as provided in subsections 4 (b), (f) of this section. Section 5. Adjustment of Cost and Ownership Allocations.
(a) The ownership shares and the cost allocations made in Sections 3 and 4 hereof are made upon the basis of assumed use of the Project by Addison from areas located in the Addison Service
Area as shown on Exhibit C, and by Farmers Branch from areas located in the Farmers Branch Service Area on Exhibit C. (b) In the event either of the Cities desires or proposes to deliver
effluent into the Project from outside the respective Service Areas assigned to it under subsection (a) above and provided that both Cities determine and agree that it is in the best
interest of the Project to accommodate the additional Service Area, then the Cities agree agree that adjustment shall be made in the ownership shares specified in Section 3 and reimbursement
shall be provided of the costs allocated in Section 4. Such adjustments and reimbursements shall be reasonable in amount, as the Cities shall mutually approve and agree. (c) Until agreement
is reached, each of the Cities agrees not to deliver effluent into the Project from any area outside the Service Area assigned to it in Exhibit C. Section 6. Payment and Reimbursement
of Operating and Maintenance Costs. (a) For purposes of this Section, the following terms have the following meanings, to wit: "Operating Costs" means all costs of operating the interceptor
tunnel and each collector sewer line including, but not limited to, the cost of metering and treating effluent, except the individual contracts and obligations each City has with the
Trinity River Authority as specified in Section 6B, utilities, supervision, engineering, accounting, auditing, legal services, supplies, services, administrative costs and equipment
necessary for the proper operation of the interceptor tunnel and each collector sewer line. "Maintenance Costs" means all costs of adequately maintaining the interceptor tunnel and each
collector sewer line including, but not limited to, the cost for engineering, inflow and infiltration studies and remedies; televising, cleaning, repairing, rehabilitating, replacing,
and restoring the project; and meter repairs and recalibration. 6
(b) After the Project becomes operational, the Cities shall pay their share of on-going operating and maintenance costs of the interceptor tunnel and each collector sewer line. Operating
and maintenance costs that specifically relate to the interceptor tunnel and collector line(s) shall be paid in accordance with the respective percentages of allocated flows as set forth
in Exhibit B, attached hereto. Any operating and maintenance costs that are not specifically related to the interceptor tunnel or a particular collector line(s) shall be paid collectively
by the Cities, with Addison paying 55% and Farmers Branch paying 45% of operating and maintenance costs. Each City will pay directly to the Trinity River Authority (TRA), monthly payments
for treating effluent, as metered and billed by the Trinity River Authority for each City, as specified in each Cities contractual agreement. (c) After the Project becomes operational,
the Cities shall pay their share of annual operating costs in accordance with Section 6B and as set forth in the Corporations annual budget. (d) Each City agrees to establish a separate
reserve account within the corporation to fund future maintenance costs as identified in Section 6A. The Corporation shall establish in each annual operating budget the appropriate contributions
by each City for their reserve account. All future maintenance costs shall be paid from each City's reserve account in accordance with the provisions as set forth in Section6B. In the event that the Corporation should dissolve, each City shall receive the funds contained in their respective reserve account plus interest. (e) Except for the amounts required
to be paid by the Cities in subsection (b, c, d) of this Section, and in Section 4, this Agreement does not obligate either of the Cites, and neither City agrees, to pay any amount of
money for any purpose. All other monetary obligations of the Cities that might arise that relate to the Project, its financing, construction, and operations shall be set forth in separate
Sewer Interceptor Service Agreements to be negotiated under the authority of Section 402.014, Local Government Code, as amended. Section 7. Admission of Addison to the Trinity River
Authority (TRA). The Cities agree that Addison will be granted membership in the Trinity River Authority effective upon the date in which Addison first discharges wastewater into the
interceptor tunnel, after it is completed and placed into service; provided that Addison shall not make any such initial discharge unless, at least 30 days prior thereto, the Cities
shall have given written notice and assurance to the Trinity River Authority that the interceptor tunnel will be completed on a specified date. 7
Section 8. Term. The term of this Agreement shall be one year from the date hereof and shall be automatically renewed for one year on each anniversary of the commencement date, provided,
however, that either City can terminate this Agreement if the other City cannot adequately demonstrate the ability to provide full funding of the project by or on September 1, 1991.
Section 9. Acceptance by Corporation. (a) After the. incorporation of the Corporation in accordance with the terms of this Agreement, this Agreement shall be submitted to the Corporation
for its approval and acceptance. After such execution, this Agreement shall be in full force and effect. (b) After such acceptance, this Agreement shall be binding on the Corporation,
and its obligations stated herein shall commence and be in effect on, from, and after the date of such acceptance. 8
EXECUTED AND DELIVERED by and between Addison and Farmers Branch on and as of the day and year fIrst above written. TOWN OF ADDISON, TEXAS 􀁂􀁙􀀺􀁾􀁾􀁾 Town Manager ATTEST: 􀀻􀀻􀁾􀀭
Town Secretary ATTEST: 􀁾􀁌􀁾 City Secretary 􀁾􀁏􀁆􀁏􀁒􀁍􀀺 Town Attorney CITY OF FARMERS BRANCH, TEXAS 􀁂􀁾􀁹􀀺􀀮􀁾􀀯􀁾􀁚􀁕􀁾 City Manager 􀁣􀀺􀁰􀁾􀁲􀁾 City Attorney 9
ACCEPTANCE BY CORPORATION The North Dallas County Water Supply Corporation accepts the terms and provisions of this Interlocal Sewer Interceptor Agreement and agrees to be bound by its
terms to the extent required, all on and as of this day of , 1991. NORTH DALLAS COUNTY WATER SUPPLY CORPORATION By: _ [SEAL] ATTEST: 10
--;;-p;=-􀀭􀂷􀂷􀁲􀁾􀀱 ---INTERCEPTOR TUNNEL -----COLLECTOR SEWER LINES DATE: 9-21-90
EXHIBIT 'B' 06-MAR-91 ADDISON/FARMERS BRANCH INTERCEPTOR FLOW AND COST SUMMARY PROJECT ADDISON FARMERS BRANCH Line Total Total Cost Total Percent of Total Percent of Flow Flow Allocated
Flow Cost Flow Allocated Flow Cost Tunnel 28.347 $20,000,000.00 16.099 56.79% $11,358,521.18 12.248 43.21% $8,641,478.82 A 17.183 $1,144,570.00 4.935 28.72% $328,723.33 12.248 71.28%
$815,846.67 D 14.145 $791,129.50 4.935 34.89% $276,014.43 9.210 65.11% $515,115.07 E 9.64 $526,092.00 2.106 21.85% $114,932.55 7.534 78.15% $411,159.45 F 7.964 $356,661.50 2.106 26.44%
$94,317.15 5.858 73.56% $262,350.35 G 6.793 $125,930.00 2.106 31.00% $39,041.45 4.687 69.00% $86,888.55 H 4.923 $247,219.00 2.106 42.78% $105,757.31 2.817 57.22% $141,461.69 I 4.113
$802,424.00 2.106 51.20% $410,869.18 2.007 48.80% $391,554.82 J 2.829 $290,514.00 2.829 100.00% $290,514.00 $0.00 TOTALS $24,284,546.00 $13,018,690.57 $11,265,855.43 o The costs associated
with administration, financing and engineering management of the water supply corporation is estimated at $100,000 annually. o The costs shown on this chart are "Engineer's Opinion of
Probable Costs" based on available information. o The Dows shown for each line segment are calculated ultimate Dows for the Interceptor SystellL These Dows are based on studies and reports
completed by Farmers Branch and Addison in June of 1990, and are the maximum allowable Dows from the respective cities.
LEGEND F':C""i I ADDISON SEWER SERVICE AREA 􀁾 FARMERS BRANCH SEWER SERVICE AREA •N NOT TO SCALE rEXHIBITC' .EASTSIDE INTERCEPTOR SEWER SERVICE AREA .f . .," .' ........ DATE: 9-19-9
CONCURRENT RESOLUTION ADDISON RESOLUTION NO. 91-034 FARMERS BRANCH RESOLUTION NO. 91-052 A RESOLUTION ADOPTED CONCURRENTLY BY THE TOWN COUNCIL OF THE-TOWN OF ADDISON AND BY THE CITY
COUNCIL OF THE CITY OF FARMERS BRANCH AUTHORIZING THE CREATION OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION FOR LIMITED PURPOSES; AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT. i WHEREAS, Article 1434a, Texas Revised Civil Statutes Annotated, as amended (the "Act"), authorizes the creation of water supply corporations for the purpose of financing and
furnishing sewer services to towns and cities; and WHEREAS, the Town of Addison("Addison") and the City of Farmers Branch ("Farmers Branch") each have a serious need to provide sewer
interceptor services to serve their respec?ve sewer systems and have jointly concluded and agreed that the most efficient and least costly method of financing and providing such services
is through an instrumentality (the "Corporation") created under the Act to provide the same on a joint basis; and ! WHEREAS, the Corporation will be incorporated, organized, and operated
as a nonprofit corporation pursuant to the provisions of the Act with powers strictly limited to the providing of such services and the financing thereof; and WHEREAS, 􀁾􀁥􀁲 incorporation,
the Corporation, Addison, and Farmers Branch intend to negotiate and enter into acceptable contracts for sewer interceptor services pursuant to the authority granted to cities and towns
under Section 402.014, Local Government Code, and the Act, with payments thereunder to be pledged to the payment of Bonds issued by the Corporation for such purposes upon terms approved
by Addison and Farmers Branch;
PASSED AND A.PPROVED by the City Council of the City of Farmers Branch, Texas, on this 18th day of March, 1991. Mayor, City or Farmers Branch ATIEST: 􀀦􀀭􀁥􀁬􀁡􀀮􀁑􀁊􀁾 City Secretary
!,i -APPROVED AS TO FORM: 􀁾􀁾􀀴􀀲
.' .0) ARTICLES OF INCORPORATION OF NORTH DALLAS COUNTY WATER SUPPLY CORPORATION WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years
of age, and each of whom is a citizen of the State of Texas, acting as incorporators of a public instrumentality and non-profit water supply corporation (the "Corporation") under Article
1434a, Texas Revised Civil Statutes Annotated, as amended (the "Act"), with the approval of the Town Council of the Town of Addison, Texas, and of the City Council of the City of Farmers
Branch, Texas (collectively, the "Cities"), do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE The name of the corporation is "North Dallas County
Water Supply Corporation." ARTICLE TWO The Corporation is a non-profit water supply corporation under the Act. ARTICLE THREE The period of duration of the Corporation is perpetual. ARTICLE
FOUR (a) The purpose of the Corporation is to furnish and provide sewer services to the Cities, and to such other towns and cities as may be expressly approved by concurrent resolution
adopted by the governing bodies of the Cities. (b) In the fulfillment of its corporate purpose, the Corporation shall have the power to provide financing to pay the costs of projects,
through the issuance of bonds, notes, and other forms of debt instruments, and to acquire, maintain, and lease or sell property, and interests therein, all to be done and accomplished
on behalf 1
of the Cities and for their benefit and to accomplish their public purposes as their duly constituted authority and public instrumentality pursuant to the Act and under, and within the
meaning of, the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated under
and pursuant to the Internal Revenue Code of 1986, as amended. . . (c) In the fulfillment of its corporate purpose, the Corporation shall have and may exercise the powers described in
paragraph (b) of this Article, together with all of the other powers granted to corporations that are incorporated under the Act, and, to the extent not in conflict with the Act, the
Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities, and functions granted to non-profit corporations under the Texas Non-Profit Corporation
Act, Article 1396-101, et seq., Texas Revised Civil Statutes Annotated, as amended. (d) The Corporation is not a political subdivision or a political corporation, and the Corporation
has not been delegated, does not have, and shall not exercise any of the powers of sovereignty of the Cities. (e) No agreements, bonds, notes, or other debt instruments or other obligations,
contract, or agreements of the Corporation are or shall ever be deemed to be or constitute the agreements, bonds, notes, or other debt instruments or other obligations, or the lending
of credit, or a grant of the public money or things of value, of, belonging to, or by the Cities or any other political corporation, subdivision or agency of the State of Texas, or a
pledge of the faith and credit of any of them, except only to the extent that the same may be payable from revenues pledged by the Cities to pay the same under separate contracts and
agreements executed by the Cities and the Corporation. Any and all of such agreements, bonds, notes, and other debt instruments and other obligations, contracts and agreements of the
Corporation Corporation shall be payable solely and exclusively from the revenues and funds received by the Corporation from contracts and agreements with the Cities and from such other
sources as may be otherwise lawfully available and belonging to the Corporation from time to time. ARTICLE FIVE The Texas Non-Profit Corporation Act, cited in Article Four of these Articles,
shall apply to the Corporation to the extent not in conflict with the Act. As permitted thereby the Corporation has no members and is a non-stock corporation. Accordingly, Sections 5
and 9A of the Act shall not apply to the Corporation. 2
ARTICLE SIX These Articles of Incorporation may be amended in either one of the methods prescribed in this Article.(a) The governing bodies of the Cities may, by concurrent resolution,
order the board of directors to amend these Articles of Incorporation. If so directed, the board of directors shall file amendments conforming to such directions with the Secretary of
State. (b) The board of directors of the Corporation may file a written application with each of the governing bodies of the Cities requesting approval of proposed amendments to these
Articles of Incorporation, specifying in such application the proposed amendments. If the governing bodies of the Cities, by concurrent resolution, find and determine that it is advisable
that the proposed amendments be made, authorize the same to be made, and approve the form of the proposed amendments, the board of directors of the Corporation may proceed to amend these
Articles of Incorporation. (c) The board of directors of the Corporation shall not have any power to amend these Articles of Incorporation except in accordance with the procedures established
in this Article. ARTICLE SEVEN The street address of the initial registered office of the Corporation is City Hall Plaza, Farmers Branch, Texas 75234, and the name of its initial registered
agent at such address is Richard L. Escalante. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors consisting of six persons, each of whom will occupy
a Place on the board of directors. Three of such persons shall be appointed by the governing body of the Town of Addison and shall occupy, respectively, Place 1, Place 2, and Place 3.
Three of such persons shall be appointed by the governing body of the City of Farmers Branch and shall occupy, respectively, Place 4, Place 5, and Place 6. The number of directors and
the terms of office of the directors may be changed by amendments to the bylaws of the Corporation in the manner herein provided. The names and street addresses of the persons who are
to serve as the initial directors and the dates of expiration of their initial terms as directors, are as follows: 3
PLACE NAMES 1 Ron Whitehead 2 Randy Moravec 3 John Baumgartner 4 Richard Escalante 5 Doug Vanderslice 6 John Burke ADDRESSES Town Hall, Addison, Texas Town Hall, Addison, Texas Town
Hall, Addison, Texas City Hall, Farmers Branch, Texas City Hall, Farmers Branch, Texas City Hall, Farmers Branch, Texas DATE OF EXPIRATION OF TERM January 1, 1994 January 1, 1994 January
1, 1994 January 1, 1994 January 1, 1994 January 1, 1994 Each director shall hold office for the term for which the director is appointed and until a successor shall have been appointed
and qualified unless sooner removed or resigned. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the governing body of
the Town or City appointing them at will and must be appointed for a term not in excess of six years. The directors shall serve as such without compensation except that they shall be
reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors through death, resignation, or otherwise
shall be filled by appointment for the unexpired term and· to the vacant Place by the governing body of the Town or City making the original appointment. Section 3(b) of the Act shall
not be applicable to the Corporation. ARTICLE NINE The name and street address of each incorporator are: Ron Whitehead Richard Escalante Doug Vanderslice Address Town Hall, Addison,
Texas 75001 City Hall, Farmers Branch, Texas 75234 City Hall, Farmers Branch, Texas 75234 4
ARTICLE TEN (a) The initial bylaws of the Corporation shall be in the form and substance approved by the governing bodies of the Cities in their resolution approving these Articles of
Incorporation. Such bylaws shall be adopted by the Corporation's board of directors and shall, together with these Articles of Incorporation, govern the internal affairs of the Corporation
until and unless amended in accordance with this Article. (b) Neither the initial bylaws nor any subsequently effective bylaws of the Corporation may be amended without the consent and
approval of the governing body of each of the Cities. The board of directors of the Corporation shall make application to the governing bodies of the Cities for the approval of any proposed
amendments, but the same shall not become effective until or unless the same shall be approved by concurrent resolution adopted by the governing body of each of the Cities. ARTICLE ELEVEN
The Cities may, in their sole discretion, and at any time, by concurrent resolution, alter or change the structure, organization, programs or activities of the Corporation, and they
may, by concurrent resolution, direct the board of directors to terminate or dissolve the Corporation, subject to the limitation that no such action shall be taken in any manner or at
any time that would impair any-contract or right theretofore executed or granted by the Corporation. If such directions are received, the board of directors shall dissolve the Corporation
in the manner permitted by law. ARTICLE TWELVE (a) No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payment of its expenses and other
obligations shall be distributed to or inure to the benefit of its directors or officers, or any individual, private firm, or private corporation or association, except in reasonable
amounts for services rendered. If the board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, notes, and other obligations
of the Corporation, any net earnings thereafter accruing shall be paid to the Cities in the proportions stated in the interlocal agreement described in the Resolution referred to in
Article Thirteen of these Articles. (b) If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal
or mixed, such funds 5
or property rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the Cities, after satisfaction or provision for satisfaction of all
debts and claims, in the proportions stated in the interlocal agreement described in the Resolution referred to in Article Thirteen of these Articles. (c) No part of the Corporation's
activities shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in any political campaign of or
in opposition to any candidate for public office. ARTICLE TIDRTEEN The Cities have specifically authorized the Corporation by concurrent resolution to act on their behalf to further
the public purposes stated in said Resolution and in these Articles of Incorporation, and the Cities have by said Resolution approved these Articles of Incorporation. A copy of said
Resolution is on me among the permanent public records of each of the Cities and the Corporation. "'. L /􀀧􀁒􀁾􀁾􀁾􀁌􀁾􀀩􀁾 Ron Whitehead􀁌􀀯􀁾 INCORPORATORS 6
THE STATE OF TEXAS COUNTY OF DALLAS I, the undersigned, a Notary Public of the State of Texas, do hereby certify that on this :2 .:l. day of 􀁾 ,1991, personally appeared before me Ron
Whitehead, Richard Escalante,dDOUiVanderslice, who, each being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators,
and that the statements therein contained are true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written. 􀁾􀁾 otaI)TPUblic in and for
the State of Texas My Commission Expires: /-$1-93 [S E A L] 7
, ' BYLAWS OF NORTH DALLAS COUNTY WATER SUPPLY CORPORATION ARTICLE I PURPOSE AND POWERS Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four
of its Articles of Incorporation, the same to be accomplished on behalf of the Town of Addison, Texas ("Addison"), and the City of Farmers Branch, Texas ("Farmers BraQ.ch"), (collectively,
the IICities") as their duly constituted authority and insn;umentality in accordance with Article 1434a, Texas Revised Civil Statutes Annbtated, as amended, (the "Act"), and other applicable
laws. Section 2. Powers. (a) ,In the fulfillment of its corporate purpose, the Corporation shall have all of the powers set forth and conferred in its Articles of Incorporation, in the
Act, in the Texas Non-Profit Corporations Act,Article 1396-101, et seq, Texas Revised Civil Statutes Annotated, as amended, to the extent not in conflict with the Act, and in other applicable
law, subject to the limitations prescribed therein and :herein and to the provisions thereof and hereof. (b) The exercise by the Corporation of the powers of eminent domain as against
a specific piece or item of property, pursuant to Section 4 of the Act, shall be \subject to the approval of the Cities. ARTICLE II BOARD OF DIRECTORS Section 1. Powers. Number and Term
of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the i'Board") and, subject to the restrictions imposed by law, by
the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. 1
(b) The Board shall consist of six (6) directors, each of whom shall occupy a Place on the Board of Directors. Three of such directors shall be appointed by the 'Town Council of the
Town of Addison and shall occupy, respectively, Place 1, Place 2, and Place 3. Three of such directors shall be appointed by the City Council of the City of Farmers Branch and shall
occupy, respectively, Place 4, Place 5, and Place 6. (c) 'The directors constituting the first Board shall be those directors named in the Articles of Incorporation. Each member of the
first Board shall serve for a term expiring on the date set forth in the Articles of Incorporation. Thereafter, each successor member of the Board shall be appointed and shall serve
for three (3) years or until his or her successor is appointed as hereinafter provided. (d) iAny director may be removed from office by the appointing authority at will. i Section 2.
Meetings of Directors. The directors may hold their meetings at such place or places in Addison or Farmers Branch as the Board may from time to time determine; prov.ided, however, in
the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article V of these Bylaws. Section 3. Internal
Notification of Board Meetings. (a) Regular meetings of the Board shall be held without the necessity of notice at !such times and places as shall be designated from time to time by
the Board. Bpecial Meetings of the Board shall be held whenever called by the president, by the secretary, by a majority of the directors, by the Mayor of Addison, by the 'Mayor of Farmers
Branch, or by a majority of the governing body of either of !the Cities. (b) The secretary shall give notice to each director of each Special Meeting in person lor by mail, telephone
or telegraph, at least two (2) hours before the meeting. 'Unless otherwise indicated in the notice thereof, any and all matters pertaining :to the purposes of the Corporation may be
considered and acted upon at a ;Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the
Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient
if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books
of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting,
except where a director attends a meeting for the express purpose of objecting to the 2
transaction of any business on the grounds that the meeting is not lawfully called ,or convened. Neither the business to be transacted at nor the purpose of any Regular or Special Meeting
of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled
to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 4. Open Meetings Act. All meetings and deliberations
of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Article 6252-17, Texas Revised Civil
Statutes Annotated, as amended. Section 5. Quorum. Four directors shall constitute a quorum for the conduct of the official busfuess of the Corporation. 'PIe act of a majority vote of
the entire Board at a meeting at which a quorum is in attendance shall constitute the act of the the Board and of the Corporation, unless the act of a greater number is required by law.
! Section 6. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the corporation shall be considered in accordance with rules of procedure as
from time to time prescribed by the Board. (b) At all meetings of the Board, the president shall preside, and in the absence of the president, the vice president shall exercise the powers
of the president. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer Imay appoint any
person to act as secretary of the meeting. Section 7. Committees of the Board. The Board may designate two or more directors to constitute an official committee of the Board to exercise
such authority of the Board as may be specified in the resolution. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each
committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office
of the Corporation. Section 8. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for
their actual expenses incurred in the performance of their official duties hereunder; provided that all actual expenses are approved by the Board. 3
ARTICLE III OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers
as the Board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. Terms of office shall
be one (1) year with the right of an officer to be reelected. ; (b) :The President shall be a representative from the City of Farmers Branch until the 􀁾􀁣􀁯􀁭􀁰􀁬􀁥􀁴􀁩􀁯􀁮 and the
commencement of operation of the Eastside Sewer System; [after which, the provisions of Subsection (a) of this section will be in effect. (c) All officers shall be subject to removal
from office at any time by a vote of a lmajority of the entire Board. (d) A vacancy in the office of any officer shall be filled by a vote of a majority of the remaining directors. Section
2. Powers and Duties of the President. The president shall be the chief executive officer of the Corporation, and, subject to the paramount authority of the Board, the preSIdent shall
be in general charge of the properties and affairs of the Corporation, shall preside at all meetings of the Board, and may sign and execute all contracts, conveyances, franchises, bonds,
deeds, assignments, mortgages, notes and other ins®ments in the name of the Corporation. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed
by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties
of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 4. Treasurer. The treasurer shall have the
responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. When necessary or proper, the treasurer may
endorse endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be
designated by the Board consistent with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all moneys received and paid
out on account of the Corporation. The treasurer shall, at the expense of the Corporation, 4
give such bond for the faithful discharge of his duties in such form and amount as the Boat;d or the Commission may require. Section 5. Secretary. The secretary shall keep the minutes
of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature
thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records,
documents and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable
times be open to public inspection upon application at the office of the Corporation during business hours,and shall in general perform all 􀁾􀁵􀁴􀁩􀁥􀁳 incident to the office of secretary subject to the control of the Board. Section 6. Theipresident, each vice president, and the secretary
shall be named from among the members of the Board. The treasurer and any assistant secretaries may, at the option of the Board, be persons other than members of the Board, but they
may be 􀁥􀁭􀁾􀁬􀁯􀁹􀁥􀁥􀁳 of the City. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they
shall be reimbursed for their actual expenses incurred in the performance of their official duties hereunder, provided that all expenses are approved by the Board. Other officers may
be com'pensated as directed and approved by the Board. ARTICLE IV AUDITS, EXPENDITURES, DEBTS Section 1. Annual Comorate Budget. At least 60 days prior to the commencement of each fiscal
year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications
and shall be in such form as may be prescribed from time to time by the Board. The budget shall not be effective until the same has been approved by the Cities. Section 2. Books. Records.
Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements
pertaining to its corporate funds, activities, and affairs. 5
(b) At the direction of the Cities, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel
of one of the Cities. In such event, the Corporation shall pay reasonable compensation for such services. (c) The Corporation, or the City performing such services if the option described
in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and
accounting firm selected by the Corporation and approved by the Cities. Such audit shall be at the expense of the Corporation. Section 3. Dewsit and Investment of Comorate Funds. ; (a)
:All proceeds from the issuance of bonds, notes, or other debt linstruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order,
indenture, ,or other documents authorizing or relating to their issuance. !i (b) All other monies of the Corporation shall be deposited, secured, and/or invested ,in the manner provided
for the deposit, security, and/or investment of the public funds of the Cities. The Board shall designate the accounts and depositories to be created and designated for such purposes,
and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate.
Section 4. Expenditures of Comorate Money. (a) [The monies of the Corporation may be expended by the Corporation for any of its corporate purposes, subject to the following limitations:
I (i) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the governing
bodies of each of the Cities prior to the sale and delivery of the Obligations to the purchasers thereof; (ii) Expenditures that may be made from a fund created with the proceeds proceeds
of Obligations may be used for the purposes of financing or otherwise providing the facilities with reference to which the Obligations were issued; 6
(iii) Expenditures of funds paid to the Corporation by the Cities under service or other contracts between the Corporation and the Cities shall be used as directed in such contracts;
(iv) All other proposed expenditures, if any, shall be made in accordance with and shall be set forth in the annual budget required by Section 2 of this Article. Section 5. Issuance
of Obligations. No obligations, including refunding Obligations, shall be sold and delivered by the Corporation unless the Cities shall approve such Obligations by action taken no more
than 60 days prior to the date of sale of the Obligations. ARTICLE V MISCELLANEOUS PROVISIONS Section 1. PrinCipal Office. (a) ,The principal office and the registered office of the
Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation. (b) The Corporation shall have and shall continually designate a registered
agent at its registered office, as required by the Act. Section 2. Fiscal Year. The Fiscal year of the Corporation shall begin on the first day of October and shall end on the last day
of September. Section 3. Seal. The seal of the Corporation shall be as determined by the Board. Section 4. Resignations. Any director or officer may resign at any time. Such resignation
shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the president or secretary. The acceptance of
a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the Cities. To the extent that
these bylaws refer to any approval by the Cities or refer to advice and consent by the Cities, such 7
approval, advice and consent shall be evidenced by a certified copy of a resolution, order, or motion concurrently and duly adopted by the governing body of each of the Cities. Section
6. Services of Staff and Officers of Cities. Subject to the paramount authority of the Manager under the Charter of each of the Cities, the Corporation shall have the right to utilize
the services of the City Attorney, the City Secretary, and the staff and employees of the Finance Department of each of the Cities, provided (i) that the Corporation shall pay reasonable
compensation to the-supplying City for such services, and (ti) the performance of such services does not materially interfere with the other duties of such personnel of such City. ARTICLE
VI EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the approval of these Bylaws by the Cities;
and (2) !the adoption of these Bylaws by the Board. Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation of tI,e Corporation and these Bylaws
may be amended only in the manner provided in the Articles of Incorporation. 8
· . Aprilo 23, 1991 r.f..t) S3@lE􀁏􀁜􀀧􀁕􀁬􀁅􀁾 􀁴􀁾 /llI J S 91 lW CiTY MANAGEH Mr. Ray Hutchison Hutchison, Boyle, Brooks & Fisher 3900 First city Center Dallas, Texas 75201-4622 Dear
Mr. Hutchison: Enclosed is the original and ol}e copy of the documents relating to the creation of the North Dallas County Water Supply Corporation. These documents need to be filed
with the Texas Secretary of State. A copy of these documents is also enclosed for your files. Thank you for your assistance in drafting these documents and filing them with the Secretary
of State. cc: Richard Escalante Ron Whitehead CiT·.... OF FaRmeRS 3RanCH P.O.fJOX 819010 􀀻􀀽􀀼􀁾􀁈􀁭􀁥􀁒􀁓 BRanCH, TExas 75381-9010 21""'2"17-3131 unJ-jED In FRIEnDSHIP U.JITH T'-iE
C!STRICT SF' ,3RSSETU=iW. IIDTTInGHRmSHIRE, GRERT BRITRln
􀁾􀀮􀁾 􀁁􀁾􀁄􀁷INSoOF rl.l.J N CITY ENGINEER'S OFFICE Post Office Box 144 Addison. Texas 75001 MEMORANDUM JAN26 . .,. .: ;,.--------"---.-(214) 450-2886 16801 Westgrove TO: FROM: DATE:
SUBJECT: Ron Whitehead, City Manager J ohn Baumgartner, City Engineer January 25, 1993 Sewage Flow Flowing to Farmers Bl'lUlcb This memo is intended to summarize the significant events
that have taken place in Addison over the' previous years that impact the sewer flow to Farmers Branch or are· anticipated to take place prior to the completion of the sewer tunnel in
1996. March 1985 December 1986 October 1990 January 1991 Early 1992 July 1992 January 1993 Summer 1993 Purchased grout packing equipment and enhanced program to reduce inflow and infiltration.
Addison enters into the first of the interim sanitary sewer agreements with Farmers Branch. Sewage flow is limited to 105% (see Exhibit A) of 1986 flows. Flow is diverted from the airport
and Addison Road from 01 to E. The Yoplait plant closes reducing sewage flows by approximately twelve (12) million gallons a year. Diverted flow from" the south side of Belt Line Road
and Midway Meadows to Marsh Lane North. Insituformed 2200 feet of clay tile sewer line in the Brookhaven Club area at a cost of $140,000. . Interim lift station is completed at an estimated
cost of $450,000. Budgeted $125,000 to continue the insituform projects in the Brookhaven area. In December 1991, Farmers Branch approached the Town with a new agreement that significantly
reduced the volume of allowable sewage flow. Since January 1, 1992 the following projects have been submitted to the Town for new building permits. Rawhide Creek Basin 1) Centex Homes
• 88 new homes 2) Designer Homes· 25 new homes 3) . Grand Homes· 49 new homes 4) Pacific American Homes • 8 new homes 5) Jim Jenne Homes -17 new homes
6) David Weekly Homes· 10 new homes 7) Midway Meadows • 1 new home 8) Paul Aylor Homes -41 new homes 9) Sam's 10) Shoney's 11) Spaghetti Warehouse Estimated Sewage Flow • 31 million
gallons per year Farmers Branch Creek Basin 1) Scott Felder Homes -35 new homes 2) General Mills Restaurants Estimated Sewage Flow • 15 million gallons per year Proposed new development
consists of the following: Rawhide Creek Basin 1) Centex Homes • 92 new homes 2) Grand Homes • 143 new homes 3) Designer Homes· 15 new homes 4) K·Mart Retail Center· approximately 450,000
square feet 5) Hoffbrau Steakhouse 6) Spring Creek Barbecue 7) Two (2) Addison Road Restaurants 8) Les Lacs City Homes· 196 units Estimated Sewage Flow ·76 million gallons per year Farmers
Branch Creek 1) Doyle Cameron • 50 single family lots 2) McCutchin Development Estimated Sewage Flow • 13 million gallons per year I would propose that Addison limit growth to tenant
finish out in existing buildings and limit new construction to finish the General Mills Restaurants and the flow equivalent to 8 million gallons a year (approximately 12,000 square feet
of restaurants or 88 single family homes) in the Farmers Branch Basin. In the Rawhide Creek Basin, Addison will limit growth to a maximum flow of 195 million gallons per year. This equates
to our average historical flows from 1987 to average 1992 plus 280 single family homes. This is significantly less than our historical highs of 273.1 million gallons per year in 1982,
219 million gallons per year in 1986 and 230 million gallons per year in 1987. Please call me if you have any questions or need additional information.
EXISTING. INTERIM SANITARY SEWER AGREEMENT WITH FARMERS BRANCH THROUGH 1991 Farmers Branch Rawhide Creek Year Creek (mg) (mg) Total (mg) 1979 227.0 65.7 292.7 1980 207.8 61.4 269.2 1980-81
219.3 49.9 269.2 1981-82 304.5 273.1 577.5 1982-83 341.5 194.3 535.8 1983-84 368.4 205.5 573.9 1984-85 372.4 187.3 559.7 1985-86 363.6 219.1 582.7 1986-87 344.2 230.0 574.2 1987-88 338.3
172.1 510.4 1988-89 384.0 166.1 550.1 1989-90 399.0 164.8 563.8 1990-91 376.4 138.8 515.2 1991-92 358.3 167.6 525.9 Allowable flow = (582.2)(1.05)=611.mg Based on 105% of 1986 flow
Licensor: Licensee: North Dallas County Water Supply Corporation Town of Addison, Texas of6rJ AFTER FILING RETURN TO: ROGER E. BEECHAM HUTCHISON BOYLE BROOKS & FISHER 1700 PACIFIC AVENUE,
SUITE 3900 DALLAS, TEXAS 75201-4622 STATE OF TEXAS )) COUNTY OF DALLAS ) SANITARY SEWER RIGHT-OF-WAY LICENSE AGREEMENT WITH TEMPORARY CONSTRUCTION LICENSEE KNOW ALL MEN BY THESE PRESENTS
THAT: WHEREAS, the North Dallas County Water Supply Corporation, a non-profit water supply corporation under 1434a, Vernon's Texas Civil Statutes, an administrative agency for the City
of Farmers Branch, Texas and the Town of Addison, Texas, pursuant to the Interlocal Cooperation act, Article 4413(32c), Vernon's Texas Civil Statutes, now Texas Government Code, Art.
791.001, et.seg. has acquired Right of Way Easements for the preparation and implementation of a sanitary sewer interceptor project within the City of Farmers Branch; and, WHEREAS, the
Town of Addison, Texas as one of the elements of constructing, maintaining and replacing a sanitary sewer line must acquire rights for the purpose of designing, constructing, maintaining
and replacing an underground sanitary sewer line which connects to the sewer line; and WHEREAS, the below named Licensor, is desirous of granting such rights for use of the below described
interceptor project property for this purpose to the Town of Addison; and WHEREAS, the parties have agreed to the granting of these licensed rights under certain limited terms and conditions;
NOW, THEREFORE WITNESSETH: That this agreement is made by and between the North Dallas County Water Supply Corporation, a non-profit corporation as administrative agency for the City
of Farmers Branch, Texas and the Town of Addison, Texas, referred to as "Licensor" and the Town of Addison, Texas a municipal corporation (hereinafter referred to as "Licensee") agree
as follows: NDWSC-RBS-RBB\HBBF.021-10 1
1. Licensor, in consideration of (1) ONE AND NO/lOO ($1.00) DOLLARS cash in hand paid by Licensee to Licensor, and (2) the faithful performance by Licensee of all of the covenants and
agreements contained in this Agreement to be performed by Licensee, Licensor hereby grants a license to Licensee for the purpose of designing, constructing, maintaining and replacing
a sanitary sewer pipe line located (the "Permitted Improvement") in Right of Way Easements, more particularly described in Exhibit "A-1" and Exhibit "A-2" and shown on Exhibit "C" attached
hereto and incorporated herein for all pertinent purposes, (the "Property"). 2. Temporary Construction License: Grantee is also granting herein a temporary construction right-of-way
license to provide temporary working space on the following described tracts of land described in Exhibit "B-1" and Exhibit "B-2" and shown on Exhibit "C" attached hereto and incorporated
herein. 3. Interest Granted to Licensee: Licensor grants to Licensee only the interest it has in in and under the Property. This grant is made without warranty, including but not limited
to, fitness for a particular purpose, suitability and inhabitability. 4. Term. The term of this license shall be perpetual subject however, to termination by either party as provided
herein. 5. Non-Exclusive License. This License is non-exclusive and is subject to (a) any existing street utility, drainage or communication facility located in, on, under, or upon the
Property owned by Licensor, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railrmid, utility, or communication company,
located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity,
public or private. 6. Design, Construction, Maintenance and Replacement, 6,01 All design, Construction, reconstruction, replacement, removal, operation and maintenance of the Permitted
Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other utility or communications operations, if any. 6.02
By acceptance of this license, Licensee agrees to design and construct the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further
agrees to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement. 6,03 Absence of markers does not constitute a warranty by Licensor that there
are no subsurface installations on the Property, 7, Governmental Approvals. Licensee, at its sole cost and expense, shall be NDWSC-RES-REB\HBBF.021-10 2
responsible for and shall obtain, any and all licenses, pennits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity
pennitted herein. 8. Licensor's Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have furnished
insurance coverage in such amounts and types as shall be satisfactory to Licensor. 9. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction
period and thereafter, to avoid damaging existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If
the failure to use reasonable care by the Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee and/or its contractor shall immediately replace
or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make such replacement, Licensor shall have the right, but not the obligation,
to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 10. Environmental Protection.
10.01. Licensee shall not use or pennit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation,
the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the
Texas Solid Waste Disposal Act. 10.02. Licensee warrants that the Pennitted Use ofthe Property will not result in the disposal or other release of any hazardous substance or solid waste
on or to the Property, and that it will take all steps necessary to insure that no such hazardous I substance or solid waste will ever be discharged onto the Property by Licensee· or
or its Contractors. 10.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the tenns "solid waste" and "disposal" (or "disposed") shall
have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any tenn defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous
substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA' such broader meaning shall apply. 10.04. Licensee shall indemnify
and hold Licensor hannless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property NDWSC-RBS-RBB\HBBF.021-10 3
under this Agreement. 11. Maintenance of Completed Improvements. After the Permitted Improvement has been constructed,· they shall be maintained by the Licensee in such a manner as to
keep the Property in a good and safe condition with respect to Licensee's use. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right
of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine
that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor's use of the Property, the parties hereto shall mutually agree on who shall bear such cost
and expense to relocate said Permitted Improvement so as not to interfere with Licensor's or Licensor's assigns' use of the property. A minimum of one hundred twenty (120) days written
notice for the exercise of the above actions shall be given by Licensor to Licensee. 13. Duration of License. This license shall terminate and be of no further force and effect (a) in
the event Licensee shall discontinue or abandon the use of the Permitted Improvement, or (b) upon termination in accordance with this Agreement, whichever event first occurs. 14. Compliance
With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee
and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 15. Indemnification. Licensee agrees that it will protect,
save and keep Licensor forever harmless and indemnified against and from any penalty or damage or charge imposed for any violation of any law or ordinance, whether occasioned by the
neglect of Licensee, its employees, officers, agents, contractors, or assigns, or those holding under Licensee and that Licensee will at all times protect, indemnify and it is the express
intention of the parties hereto that Licensee hold Licensor harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any
accident or occurrence on or about said Property, whether or not caused or contributed to by the presence or operation of Licensee or Licensee's equipment, structures, vehicles or facilities
or the negligence or alleged negligence on the part of Licensee, its employees, contractors, subcontractors or invitees causing injury to any person or property and will protect, indemnify
and hold Licensor harmless against and from any and all claims and against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of any failure of
Licensee, its employees, officers, agents, contractors or assigns in any 􀁲􀁥􀁾􀁰􀁥􀁣􀁴 to comply with and perform all the requirements and provisions hereof. NDWSC-RES-REB\HBBF.021-10
4
16. Action upon Termination of License. At such time as this License may be terminated or canceled for any reason whatever, Licensee, upon request by Licensor, shall, if reasonable,
remove all improvements and appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property, in a reasonable amount of time, to the condition
existing at the date of execution of this License, at Licensee's sole expense. 17. Methods of Termination. This Agreement may be terminated in any of the following ways: 17.01. 17.02.
17.03. Written Agreement of both parties; By either party giving the other party one hundred twenty (120) days written notice; By either party, upon failure of the other party to perform
its obligations as set forth in this Agreement. 18. Miscellaneous. 18.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered
when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following address: Licensor: North
Dallas County Water Supply Corporation P. O. Box 819010 Farmers Branch, Texas 75381-9010 Attn: President Licensee: Town of Addison P. O. Box 144 Addison, Texas 75001 Attn: Town Mayor
Either party may from time to time designate another and different address for receipt of notice by giving notice of such change of address. 18.02. Governing Law. This Agreement shall
be construed under and in accordance with the laws of the State of Texas. 18.03. Entirety and Amendments. This Agreement embodies the entire agreement between the parties and supersedes
all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by
the party against whom enforcement is sought. 18.04. Parties Bound. This Agreement shall be binding upon and inure to the benefit NDWSC-RES-REB\HBBF.021-10 5
of the executing parties and their respective heirs, personal representatives, successors and assigns. 18.05. Number and Gender. Words of any gender used in this Agreement shall be held
and construed to include any other gender; and words in the singular shall include the . plural and vice versa, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties
have executed this Agreement in multiple originals this 24TH day of MARCH . , 19....:...9.:.....5_ LICENSOR: NORTH DALLAS COUNTY WATER SUPPLY CORPORATION 􀁂􀁙􀀺􀁾􀁾􀁾 if'c1ldLESCaa11te:Psident
ATTEST: By: John . Burke, Secretary for North Dal s County Water Supply Corporation APPROVED AS TO FORM: By: 􀀨􀀻􀀻􀀺􀀮􀁣􀀽􀂣􀁾􀁌 RogeE.' Beecham, Attorney for North Dallas County Water
Supply Corporation NDHSC-RBS-RBB\HBBF.021-10 6
LICENSEE: TOWN OF ADDISON, TEXAS By: By: ATTEST: 􀁾􀁌􀁲􀁊􀀱􀁯􀁾􀀺􀁜 Carmen Moran, City secretary APPROVED AS TO FORM: By: 7
Exhibit "A-I" The Property Being a parcel of land situated in the Noah Good Survey, Abstract No.520, Dallas County, Texas, and being part of Lot 43, Block B of Wooded Creek Estates,
an addition to the City of Fanners Branch, Texas as it appears on the plat recorded in Volume 74044, at Page 0601 of the deed records of Da,llas County, Texas, and being more particularly
described as follows: COMMENCING at a point in the southerly line of Wooded Creek Drive (a 50-foot wide rightof-way) and the northerly line of said Lot 43 at its intersection with the
easterly right-of-way line of Marsh Lane, said easterly line being 5 feet east of the original west line of said Lot 43; THENCE, South 00 degrees 01 minute 37 seconds West, along the
easterly line of Marsh Lane, and parallel with and 5 feet east of the original west line of said Lot 43, a distance of 205.97 feet to the POINT OF BEGINNING; THENCE, parallel with and
10 feet perpendicular to the proposed sanitary interceptor sewer centerline, the following two (2) courses: (1) East, a distance of 34.98 feet, (2) South 00 degrees 03 minutes 37 seconds
East, a distance of 99.46 feet to a point in the southerly line of said Lot 43, also being in the northerly line of Brookhaven College Addition, an addition to the City of Fanners Branch
as recorded in Volume 86105, Page 2676 of the deed records of Dallas County, Texas; THENCE, South 42 degrees 01 minute 37 seconds West, with said southerly line of Lot 43, and said northerly
line of said Brookhaven College Addition, a distance of 29.84 feet; THENCE, parallel with and 10 feet perpendicular to the proposed sanitary interceptor sewer centerline, the following
two (2) courses: (1) North 00 degrees 03 minutes 37 seconds West,a distance of 101.63 feet (2) West, a distance of 15.02 feet to a point in the aforementioned easterly right-of-. way
line of Marsh Lane;
Exhibit "A-1" continued, The Property THENCE, North 00 degrees 01 minute 37 seconds East, along said easterly right-of-way line of Marsh Lane and being parallel with and 5 feet east
of the aforementioned original west line of Lot 43, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.058 acres of land. Prepared by City of Farmers Branch Engineering
Department Date: f1!r.5
EXHIBIT "A-2" The Property Being a parcel of land situated in the Noah Good Survey, Abstract No.520, and Being part of Brookhaven College Addition, an addition to the City of Farmers
Branch as recorded in Volume 86105, Page 2676 of the plat records of Dallas County, Texas, said parcel being more particularly described as follows: COMMENCING at a point in the east
right-of-way line of Marsh Lane, said point being a northwest corner of said Brookhaven College Addition and also being the most southerly, southwest corner of Wooded Creek Estates,
an addition to the City of Farmers Branch as recorded in Volume 74044, Page 0601 of the plat records of Dallas County, Texas; THENCE, North 42 degrees 01 minutes 37 seconds East, along
the common line between said Brookhaven College Addition and said Wooded Creek Estates, a distance of 23.29 feet to the POINT OF BEGINNING of the herein described parcel of land; THENCE,
continuing along said common line of said additions, North 42 degrees 01 minutes 37 seconds East, a distance of 44.76 feet to a point for corner; THENCE, departing said common line of
said additions, South 00 degrees 03 minutes 37 seconds East, a distance of 158.63 feet to a point for corner; THENCE, West, 10.03 feet to a point for corner; THENCE, South 00 degrees
06 minutes 44 seconds West, a distance of 45.66 feet to a point for corner; THENCE, South 89 degrees 49 minutes 08 seconds West, a distance of19.83 feet to a point for corner;THENCE, North 00 degrees 03 minutes 37 seconds West, a distance of 171.10 feet to the POINT OF BEGINNING and containing 5169.55 square feet of land.
Exhibit "B-1" Temporary Working Space Being two parcels ofland situated in the Noah Good Survey, Abstract No. 520, Dallas County, Texas, and being part of Lot 43, Block 8 of Wooded Creek
Estates, an addition to the City of Farmers Branch, Texas, as it appears on the plat recorded in Volume 74044, Page 0601 of the deed records of Dallas County, Texas, and being more particularly
described in two parcels as follows: Parcel One COMMENCING at a point in the southerly line of Wooded Creek Drive (a 50-foot wide rightof-way) and the northerly line of said Lot 43 at
its intersection with the easterly right-of-way line of Marsh Lane (a 130 foot right-of-way), said easterly line being 5 feet east of the original west line of said Lot 43; THENCE, South
00 degrees 01 minute 37 seconds West, along said easterly line of Marsh Lane, parallel with and 5 feet east of the original west line of said Lot 43, a distance of 225.97 feet to the
POINT OF BEGINNING of Parcel One; THENCE, parallel with and 10 feet perpendicular to the proposed sanitary interceptor sewer centerline, the following two (2) courses: (1) East, a distance
of 15.0 feet (2) South 00 degrees 03 minutes 37 seconds East, 15.0 feet to a point for corner; THENCE, West, a distance of 15.0 feet to a point for corner in the easterly right-of-way
line of Marsh Lane: THENCE, North 00 degrees 01 minute 37 seconds East, along the easterly line of Marsh Lane, a distance of 15.00 feet to the POINT OF BEGINNING and containing 225 square
feet of land more or less. Parcel Two COMMENCING at a point in the southerly line of Wooded Creek Drive (a 50-foot wide rightof-way) and the northerly line of said Lot 43 at its intersection
with the easterly right-of-way line of Marsh Lane (a DO-foot wide right-of-way), said easterly line being 5 feet east of the original west line of said Lot 43; THENCE, South 00 degrees
01 minute 37 seconds West, along the easterly line of Marsh Lane and parallel with and 5 feet east of the original west line of said Lot 43, a distance of 185.97
feet to the POINT OF BEGINNING of Parcel One; Exhibit "B-1" Parcel Two, Temporary Working Space THENCE, South 89 degrees 58 minutes 23 seconds East, perpendicular to said east right-of-way
line of Marsh Lane, a distance of 40.0 feet; THENCE, South 00 degrees 01 minute 37 seconds West, parallel with and 40-feet perpendicular to the said east line of Marsh Lane, a distance
of 55.0 feet to a point for corner; THENCE, West, a distance of 5.0 feet to a point for corner; THENCE, North 00 degrees 03 minutes 37 seconds West, parallel with and 10 feet perpendicular
to the proposed sanitary interceptor sewer centerline, a distance of 35.0 feet to a point for corner; THENCE, West, parallel with and 13 feet perpendicular to the proposed sanitary interceptor
centerline, a distance of 35.0 feet to a point in the easterly right-of-way line of Marsh Lane. THENCE, North 00 degrees 01 minute 37 seconds East, with the easterly right-of-way line
of Marsh Lane, and being parallel with and 5 feet east of the original west line of said Lot 43, a distance of 20.0 feet to the POINT OF BEGINNING and containing 975 square feet of land
more or less. Prepared by City of Farmers Branch, Engineering Department Date: 1//1/t5 􀁾􀁬
EXHIBIT "B-2" Temporary Working Space Parcel One Being a parcel of land situated in the Noah Good Survey, Abstract No.520, and Being part of Brookhaven College Addition, an addition
to the City of Farmers Branch as recorded in Volume 86105, Page 2676 of the plat records of Dallas County, Texas, said parcel being more particularly described as follows: BEGINNING
at a point in the east right-of-way line of Marsh Lane, said point being a northwest comer of said Brookhaven College Addition and also being the most southerly, southwest comer of Wooded
Creek Estates, an addition to the City of Farmers Branch as recorded in Volume 74044, Page 0601 of the plat records of Dallas County, Texas; THENCE, North 42 degrees 01 minutes 37 seconds
East, along the common line between said Brookhaven College Addition and said Wooded Creek Estates, a distance of 23.29 feet. THENCE, South 00 degrees 03 minutes 37 seconds East, a distance
of 171.10 feet to a point for comer; THENCE, South 89 degrees 49 minutes 08 seconds West, a distance of 15.29 feet to a point for comer, said point being in the east right-of-way line
of Marsh Lane; THENCE, North 00 degrees 10 minutes 52 seconds West, along said east right-of-way line, a distance of 153.85 feet to the POINT OF BEGINNING and containing 2511.31 square
feet of land. Parcel Two Being a parcel of land situated in the Noah Good Survey, Abstract No.520, and Being part of Brookhaven College Addition, an addition to the City of Farmers Branch
as recorded in Volume 86105, Page 2676 of the plat records of Dallas County, Texas, said parcel being more particularly described as follows: COMMENCING at a point in the east right-of-way
line of Marsh Lane, said point being a northwest comer of said Brookhaven College Addition and also being the most southerly, southwest comer of Wooded Creek Estates, an addition to
the City of Farmers Branch as recorded in Volume 74044, Page 0601 of the plat records of Dallas County, Texas; THENCE, North 42 degrees 01 minutes 37 seconds East, along the common line
between said Brookhaven College Addition and said Wooded Creek Estates, a distance of 68.05 feet to the POINT OF BEGINNING of the herein described parcel of land;
EXHIBIT. "C" WOODED CREEK 􀁏􀁾􀂷 E'X}/IBI7 "8-1'" TeMPt>RARY WORJ<ING 6PACC 􀁐􀀴􀁲􀁾􀁥􀀯 One 􀁾 ., c;.XI-I18/T B-2 1/TeMPoRARY WOPJ<IN6 :SPAceParce/One NoRtH EXIII13lr "a-I'I (posca/e.)
TEMPtJRAR't W"RJ</NG SPAce 􀁒􀀺􀁴􀁲􀁣􀀬􀁾 Two EXI-lIBIT uB-EN TeMPoRARY WORkING SPAce ,R:,rce/Two
Licensor: Licensee: Reference' Nos: City of Farmers Branch, Texas Town of Addison Tract No. ---==-----=----=----=-=--------------Temporary Construction Tract No, _ AFTER FILING RETURN
TO: ROGER E. BEECHAM HUTCHISON BOYLE BROOKS & FISHER 1700 PACIFIC AVENUE, STE. 3900 DALLAS, TEXAS 75201-4622 STATE OF TEXAS COUNTY OF DALLAS ))) SEWER INTERCEPTOR RIGHT-OF-WAY LICENSE
AGREEMENT KNOW ALL BY THESE PRESENTS THAT: WHEREAS, the North Dallas County Water Supply Corporation, a non-profit water supply corporation under 1434a, Vernon's Texas Civil Statutes,
an administrative agency for the City of Farmers Branch, Texas and the Town of Addison, Texas, pursuant to the Interlocal Cooperation Act, Article 4413(32c), Vernon's Texas Civil Statutes,
now Texas Government Code, Art. 791.001, et. seq. is responsible for the preparation and implementation of a sewer interceptor project within the City of Farmers Branch; and WHEREAS,
the Town of Addison, Texas, being part of the North Dallas County Water Supply Corporation, as one one of the elements of constructing, maintaining and replacing the sewer interceptor
project must acquire rights for the purpose of designing, constructing, maintaining and replacing an underground sanitary sewer to connect to the sewer interceptor; and, WHEREAS, the
below named Licensor, is desirous of granting such rights for use of the below described property for this purpose to the Town of Addison; and, WHEREAS, the parties have agreed to the
granting of these licensed rights under certain limited terms and conditions; NOW, THEREFORE WITNESSETH: That this agreement is made by and between the City of Farmers Branch, Texas,
a municipal corporation, (hereinafter whether one or more referred to as "Licensor") and the Town of Addison, Texas, a municipal corporation, (hereinafter referred to as "Licensee")
agree as follows: 1. Licensor, in consideration of (1) ONE AND NO/IOO ($1.00) DOLLARS cash in hand paid by Licensee to Licensor, and (2) the faithful performance by Licensee of all of
the
covenants and agreements contained in this Agreement to be performed by Licensee, Licensor hereby grants a license to Licensee for the purpose of designing, constructing, maintaining
and replacing one sanitary sewer pipeline and associated connections (the "Permitted Improvement") located in Farmers Branch, Dallas County, Texas, more particularly described as shown
in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, (the "Property"). 2. Interest Granted to Licensee. Licensor grants to Licensee only the interest it
has in and under the Property. This grant is made without warranty, including but not limited to, fitness for a particular purpose, suitability and inhabitability. 3. Term. The term
of this license shall be perpetual subject however, to termination by either party as provided herein. 4. Non-Exclusive License. This license is non-exclusive and is subject to (a) any
existing street utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any railroad, utility, or communication company, public or
private; (b) to all vested rights presently owned by any railroad, utility or communication company, located within the boundaries of the Property; and (c) to any existing lease, license
or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Maintenance and Replacement. 5.01 All
design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere
in any way with the operations of Licensor or other utility or communications operations, if any. 5.02 By acceptance of this license, Licensee agrees to design and construct the Permitted
Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property
under this Agreement. 5.03 Absence of markers does not constitute a warranty by Licensor that there are no subsurface installations on the Property. 6. Governmental Licenses, Permits,
Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all Federal government agencies
and agencies of the State of Texas required to carry on any activity permitted herein. 7. City of Farmers Branch Permit. Licensee, at its sole cost and expense, must obtain a written
permit from the City of Farmers Branch, and must comply with the provisions of that permit, to carry on each and every activity permitted within this license agreement. 2
8. Licensee's Insurance. At such time as this license is granted, it is agreed, and a condition hereof, that Licensee shall procure and keep in full force and effect commercial general
liability insurance coverage issued by an insurance company authorized and approved by the State of Texas, acceptable to the City of Farmers Branch and issued in the standard form approved
by the State Board of Insurance. The insured provisions of this policy must name the City of Farmers Branch, its officers and employees as additional insureds protecting the City of
Farmers Branch against any and all claims for damages to persons or property as a result of or arising out of the use, operation, and maintenance by Licensee of the Property and Licensee's
installations, improvements, landscaping, and equipment in connection therewith and located therein. The commercial general liability coverage must provide combined single limits of
liability for bodily injury and property damage of not less than $500,000 for each occurrence, $$1,000,000 annual aggregate. The coverage must be on an "occurrence" basis and must include
coverage for premises operations, independent contractors, products/completed operations, personal injury, contractual liability, and medical payments. This insurance shall also include
coverage for underground, explosion, and collapse hazards and pollution. Each policy must include a cancellation provision in which the insurance company is required to notify Licensee
and the City of Farmers Branch in writing not fewer than 30 days before canceling, failing to renew, or making a material change to the insurance policy. Licensee shall carry said insurance
at its expense and shall furnish the City Farmers Branch proof of such insurance. In the event said insurance should terminate during the licensing term hereof, or Licensee fails to
furnish proof of insurance coverage in accordance with the specifications as required by this section, the City Manager of Farmers Branch may terminate the license granted herein. No
work work on the Property or within the City of Farmers Branch shall be commenced by the Licensee or any contractor for Licensee until certificates of insurance are provided to the City
of Farmers Branch.9. Duty of Care in Construction. If the Licensee or its contractor causes any damage, including pollution, to the Property or any other property, the Licensee and/or
its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make such replacement, Licensor shall
have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor
upon demand.10. Environmental Protection. 10.01 Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any present or future laws pertaining
to health or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and
Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 10.02 Licensee warrants that the Permitted Use of the Property will not result 3
in the disposal or other release of any liquid waste, solid waste, or hazardous substance or solid waste on or to the Property or any other property and that it will take all steps necessary
to insure that no liquid waste, solid waste, or hazardous substance will ever be discharged onto the Property or any other property by Licensee or its Contractors. 10.03 The tenns "hazardous
substance" and "release" shall have the meanings specified in CERCLA, or future laws pertaining to the health and environment, and the tenns "liquid waste", "solid waste" and "disposal"
(or "disposed") shall have the meanings specified in the RCRA, or future laws pertaining to the health and environment; PROVIDED, HOWEVER, that in the event either CERCLA, RCRA, or future
laws pertaining to the health and environment, is amended so as to broaden the meaning of any tenn defined thereby, such broader meaning shall apply subsequent to the effective date
of such amendment; and PROVIDED FURTHER, that to the extent that the present or future laws of the State of Texas establish a meaning for "hazardous substance", "release", "liquid waste",
"solid waste", or "disposal", which is broader than that specified in either CERCLA, RCRA, or future laws pertaining to the health and environment such broader meaning shall apply. 10.04
Licensee shall indemnify and hold Licensor hannless against all cost of environmental clean up to all property resulting from Licensee's use of the Property under this Agreement. The
indemnification provisions shall remain in effect in the event of a tennination of the License. 11. Maintenance of Completed Improvements. After the Pennitted Improvement has been constructed,
the improvements and the Property shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. 12. Future
Use by Licensor. 12.01 This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02 In the event that Licensor
shall, at any time subsequent to the date of this Agreement, at its sole discretion, detennine that the relocation of the Pennitted Improvement shall be necessary or convenient for Licensor's
use of the Property, the Licensee shall bear such cost and expense to relocate said Pennitted Improvement so as not to interfere with Licensor's or Licensor's assigns' use of the property.
A minimum of one hundred twenty (120) days written notice for the exercise of the above actions shall be given by Licensor to Licensee. 13. Compliance with Laws and Regulations. Licensee
agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and Licensee agrees to indemnify
and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. 4
14. Indemnification. Licensee does hereby protect, save and keep Licensor harmless and indemnified against and from any penalty or damage or charge imposed for any violation of any law
or ordinance, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors, or assigns, or those holding under Licensee and the Licensee does hereby at
all times protect, indemnify and it is the express intention of the parties hereto that Licensee does hereby hold Licensor harmless against and from any and all loss, cost, damage or
expense, including attorney's fees, arising out of or from any accident or occurrence on or about said Property, caused or contributed to by the presence or operation of Licensee or
Licensee's equipment, structures, vehicles, or facilities or the negligence or alleged negligence on the part of Licensee, its employees, contractors, subcontractors, invitees, or act
of God causing injury to any person or property and does hereby protect, indemnify and hold Licensor harmless against and from any and all claims and against and from any and all loss,
cost, damage or expense, including attorney's fees, arising out of any failure of Licensee, its employees, officers, agent, contractors or assigns in any respect to comply with and perform
all the requirements and provisions hereof. The indemnification provisions shall remain in effect in the event of a termination of the License. 15. Action Upon Termination of License.
At such time as this License may be terminated or canceled for any reason whatever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated
in, under or attached to the Property or abandon the improvements in a manner acceptable to the Licensor and shall restore the Property, in a reasonable amount of time, to the condition
existing at the date of execution of this License, at Licensee' sole expense. If this License is terminated and damage, including but not limited to pollution, to the Property or any
other property is found in the future, the Licensee shall immediately replace or repair the damage at no cost or expense to the Licensor. If the Licensee fails or refuses to make such
replacement or repair, the Licensor shall have the right, but not the obligation, to make or effect any such replacement or repair at the sole cost and expense or the Licensee, which
cost and expense the Licensee agrees to pay to the Licensor upon demand. 16. Methods of Termination. This Agreement may be terminated in any of the following ways: 16.01 Written Agreement
of both parties; 16.02 By either party giving the other party on hundred twenty (120) days written notice: 16.03 By either party, upon failure of the other party to perform its obligations
as set forth in this Agreement. 17. Miscellaneous. 17.01 Notice. When notice is permitted or required by this Agreement, it shall 5
be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties
at the following address: Licensor: Licensee: City of Farmers Branch 13000 William Dodson Freeway Farmers Branch, Texas 75234 Attn: City Manager Town of Addison P.O. Box 144 Addison,
Texas 75001 Attn: City Manager Either party may from time to time designate another and different address for receipt of notice by giving notice of such change of address in writing.
17.02 Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 17.03 Entirely and Amendments. This Agreement embodies the entire
agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented
only by a written instrument executed by the party against whom enforcement is sought. 17.04 Parties Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns. 17.05 Number and Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice verse, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties
have executed this Agreement in multiple originals this 5 7YJ day of V-e-t!-ent6,er , 1994. LICENSOR: CITY OF FARMERS BRANCH, TEXAS 'ell rd L. Escalante, City Manager 6 LICENSEE: TOWN
OF ADDISON, TEXAS R-WtU::::J Ronald Whitehead, City Manager
ATTEST: 􀁾􀁾􀁾 Ruth Ann Parish City Secretary APPROVED AS TO FORM: 􀁾􀀭 b:\sisrowli.agr/agreementsII 7 ATTEST: "A 􀁴􀁾􀁜􀁾􀁟Carmen Moran City Secretary APPROVED AS TO FORM: L/LL {Ulr
'/City Attorney J y.
1. ·'; -. I EXHIBIT A DESCRIPTION MARSH 􀁌􀁁􀁎􀁾 SEWER INTERCEPTOR LICENSE AGREEMENT BEING A 0.474 ACRE TRACT OF LAND SITUATED IN THE NOAH GOOD SURVEY, ABSTRACT NO. 520, DALLAS COUNTY,
TEXAS AND BEING OUT OF MARSH LANE A 130 FOOT PUBLIC RIGHT·OF·WAYLOCATED IN THE CITY OF FARMERS BRANCH ADJOINING THE 2ND REPLAT OF WOODED CREEK ESTATES AS RECORDED IN VOLUME75163, PAGE
0679 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS. BEARING BASIS IS ASSUMED. SAID 0.474 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT
IN THE EAST LINE OF MARSH LANE, A 130 FOOT PUBLIC RIGHT OF WAY, COMMON WITH THEWEST LINE OF 2ND RE-PLAT OF WOODED CREEK ESTATES, AN ADDITION TO THE CITY OF FARMERS BRANCH RECORDED IN
VOLUME 75163, PAGE 0679 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, FROM SAID POINT A 1/2" IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF LOT 1, BLOCK B OF SAID ADDITION AND . LOCATED
AT THE INTERSECTION OFTHE EAST L1NEOF MARSH LANE (130' ROW) AND THE NORTH LINE OF WOODED CREEK DRIVE DRIVE (50' ROW), BEARS N 00° 01' 22" W, A DISTANCE OF 269.40 FEET; THENCE N83°23'50"
W, A DISTANCE OF 63.46 FEET TO A POINT FOR CORNER WITHIN THE RIGHT·OF·WAY OF MARSH LANE; THENCE N 00°02'16" W, A DISTANCE OF 524.21 FEET TO A POINT FOR CORNER WITHIN THE RIGHT·OF·WAY
OF MARSH LANE; THENCE N03°05'12" E, ADISTANCE OF 456.91 FEET TO A POINT FOR CORNER WITHINTHE RIGHT·OF-WAY OF MARSH LANE; THENCE N 01 °32'50" W, A DISTANCE OF 7.23 FEET TO A POINT FOR
CORNER WITHIN THE RIGHT-OF·WAY OF MARSH LANE, FROM SAID POINT A 1/2" IRON ROD FOUND MARKING THE INTERSECTION OF THE WEST LINE OF MARSH LANE (130' ROW) AND THESOUTH LINE OF BROOKHAVEN
CLUB DRIVE (100' ROW) BEARS N 76° 57' 42" E, A DISTANCE OF 94.91 FEET; THENCE S 89°49'11" E, A DISTANCE OF 20.01 FEET TO A POINT FOR CORNER WITHIN THE RIGHT·OF·WAY OF MARSH LANE; THENCE
S 01 °32'50" E, A DISTANCE OF 7.43 FEET TO A POINT FOR CORNER WITHIN THE RIGHT-OF-WAY OF MARSH LANE; THENCE S 03°05'12" W, A DISTANCE OF 457.17 FEET TO A POINT FOR CORNER WITHIN . THE
RIGHT-OF·WAY OF MARSH LANE; THENCE S 00°02'16" E, A DISTANCE OF 505.85 FEET TO A POINT FOR CORNER WITHIN THE RIGHT-OF·WAY OF MARSH LANE; THENCE S 83°23'50" E, A DISTANCE OF 43.33 FEET
TO A POINT FOR CORNER WITHIN THE RIGHT·OF·WAY OF MARSH LANE; THENCE S 00°01'22" E, A DISTANCE OF 20.13 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.474 ACRES OF LAND, MORE OR LESS.
PAGE 1 OF 2 933154010 154ESMT3.FNS SEPT. 21, 19114
SURVEY' NOAH COOO SURVEY. ABSTRACT NO. A-520 , 􀁾􀁏􀁃􀁁􀁔 ION' CITY OF FARliERS BRANCH. 􀁏􀁁􀁾􀁾􀁁􀀵 COUNTY. TX.·.: ACOUISIT ION' 0.414 AC. MARSH LANE SEWER •. LN.TERCEPTOR LICENSE ACREEMENT
EXHIBIT • X· Found In Concrete Q-_o_••_ 1. BROOKHAVEN CLUB DR IVE S 89° 49' II" E (100' ROW> $1 20.01' 6'51' 42-____0 ._._ 94,9/, r .._-V,-Iron Roel FOunel! , N...S 1°32' 50" E N I032'50"iw
'I! 7.43' 7.23': I, i !,' I : , I I !, " I, :I .I "'"I N 3°05' 12'1 E...... ' I! S 3°05' 12" W 456.91'1 r-" 457.17' =o= I,II a:: I I I I ,0,II 1"1, wz« ...J N 0° 02' 16" 524.21' N 83°
23' 50" 63.46' REPLAT OF BROOKHAVEN 􀁃􀁏􀁾􀁌􀁅􀁃􀁅 AN AOOI T ION TO IH. CITY OF FAR..ERS BRANCH. TEXAS OALLAS, COUNTY. TEXAS VOL. 86015. PC. 2616 HOTE, BEAR I HC BA5E IS AS5Ul,IEO CARTER
􀁾 BURCESS, 􀁉􀁎􀁾 7950 ELMBROOK DRIVE SUITE 250 OALLAS. 􀁔􀁾 75247-4951 PREPAREO BY._.=B:.:•..=J:.•:...:S:.:.. _ CHECKEO BY. 􀁟􀀮􀀮􀀮􀀮􀀺􀁗􀁾􀀮􀁾􀁃􀀺􀀮􀀺•􀀮.=B:.:.. _ 9-19-94 􀁓􀁃􀁁􀁾􀁅􀀮
.·'200' 100 200 PC. 2 OF 2 400 i
., INTERIM: OUTFALL SEWER AGREEMENT BETWEEN THE TOWN OF ADDISON AND THE CITY OF FARMERS BRANCH STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT; entered into by and between the Town of
Addison, a Texas Municipal Corporation, acting by and through its City Manager, hereinafter referred to as "Addison", and the City of Farmers Branch, a Texas Municipal Corporation, acting
by and through its City Manager, hereinafter referred to as "Farmers Branch". WITNESSETH: SECTION 1. Covenants of Fanners Branch. a. Farmers Branch hereby agrees to provide transportation
of sewage subject to the limitations identified in Section 2, generated from the Rawhide Creek and Farmers Branch Creek drainage basins within Addison through Farmers Branch's sanitary
sewer system lying within Farmers Branch. b. Farmers Branch agrees to allow the Addison sewage to flow through Farmers Branch sanitary sewer system to the Trinity River Authority's present
sewer collection point west of Interstate Highway 35E and south of Interstate Highway 635. c. Farmers Branch agrees to charge Addison 120% of the fee charged to Farmers Branch by the
Trinity River Authority for the duration of this interim agreement based upon measured sewage flows through the existing five entry points into the Farmers Branch sewer system from the
Addison sewer system. The five entry points are noted on the attached sketch labeled Exhibit A. SECTION 2. Covenants of Addison. a. Addison will submit to Farmers Branch verification
that the meters are still calibrated in the last 30 days of the agreement. b. Addison agrees to limit its sewage flows at each of the five entry points for the duration of this interim
agreement or until such time as the improved outfall system has been provided, whichever shall occur first, as follows: 1. Rawhide Creek Basin -The sewage flow shall be limited to a
total flow of 135 million gallons for the term of the agreement. The amount of flow is based on calibrated meters as reference in Section 2a, of this agreement. At such time as the total
monthly monthly flow into the Rawhide Creek Basin equals or exceeds 8 million gallons, both meters at this entry point shall be recalibrated.
2. Farmers Branch Creek Basin a) Inwood Road, Brookhaven Club West, and Brookhaven Club East and Spring Valley Road Metering Stations -the sewage flow shall be limited to a total flow
of 540 million gallons for the term of this agreement. The amount of flow is based on calibrated meters as reference in Section 2a, of this agreement. b) Beltwood -the sewage flow shall
be limited to the flow generated from the existing buildings at the following addresses: 4568 through 4580, and 4600 Belt Line Road, 15000 Block of Beltwood Parkway, 14600, 14700, and
14800 Blocks of Inwood Road. Since the sewage flow is not metered, the amount of sewage flow shall be considered as 80% of the amount of water metered to these properties. c. Addison
and Farmers Branch will conduct monthly meetings to monitor sewage flows to insure that there are not any adverse affects on the system. d. Addison shall keep their meters operable.
If a meter becomes inoperable, Addison shall immediately make repairs. In the event that the repair shall exceed 30 days, Addison shall notify Farmers Branch in writing and install a
temporary meter for billing purposes. If a meter is inoperable for a period less than a month, the average daily rate for the highest month during the previous 12 months will apply.
e. Addison is prohibited from trucking sanitary sewer effluent through Farmers Branch. f. Addison may contract for additionalcapacity within a given drainage basin through a supplemental agreement which shall incorporate the means for making additional capacity available, and the means of financing those improvements
to provide additional capacity. g. Addison agrees to limit its sewage flows to whatever extent is necessary to reduce, prevent and/or eliminate any spill, overload or overflow of Farmers
Branch's sewer system constituting a violation of the rules and regulations of the Texas Natural Resource Conservation Commission and/or the U.S. Environmental Protection Agency. h.
In the event of any spill, overload or overflow for which Addison has a responsibility, and which constitutes a violation of the rules and regulations of the Texas Natural Resource Conservation
Commission and/or the U.S. Environmental Protection Agency, Addison agrees to reimburse Farmers Branch for the costs of any fines or penalties. i. Addison agrees to enforce the Sewer
Use Ordinance, Addison Ordinance No. 087-004, which ordinance incorporates the basic terms and conditions of Farmers Branch Ordinance No. 2
1967. Addison agrees to amend this ordinance to reflect the basic terms and conditions of any amendments to Farmers Branch Ordinance No. 1967. SECTION 3. Mutual Covenants. Addison and
Farmers Branch agree that this is an interim agreement entered into to allow sufficient time for the implementation of the Addison-Farmers Branch sanitary sewer interceptor. SECTION
4. Compliance with State and Federal ReKUlations. a. (1) To enable the highest degree of treatment in the most economical manner possible, and to comply with Federal and State regulations,
certain solids, liquids and gases are hereby prohibited from entering the Farmers Branch system in excess of standards as set by said Federal and State regulations. The prohibitive discharges
listed in Farmers Branch Ordinance No. 1967 shall also apply at the Points of Entry to the Farmers Branch Wastewater System. (2) Federal and State regulatory agencies periodically modify
standards on prohibitive discharges; therefore, revisions to, additions to, or deletions deletions from the items listed in this section will become necessary to comply with these latest
standards. It is the intention of this interim agreement that prohibitive discharge requirements be reviewed periodically by Farmers Branch and revised in accordance with the latest
standards of any federal or state agency having regulatory powers. Any required revisions shall be made and written notice thereof given to Addison. Addison shall be responsible for
integrating such changes into the local industrial waste ordinance and notifying all affected users of the change within ninety (90) days following written notice to Addison of such
change. b. To determine quality of Wastewater, Farmers Branch will collect composite samples of Wastewater at each point of entry to the Farmers Branch Wastewater System and cause same
to be analyzed in accordance with testing procedures as set forth in the latest edition of Standard Methods of Examination of Water and Wastewater, published by American Public Health
Association, Inc. Composite samples will normally be taken quarterly or at more frequent intervals if necessary to determine Wastewater quality. Such Wastewater shall not exceed the
limits of concentration specified for Normal Wastewater as follows: Normal Wastewater Concentration BOD 250 mgt1 SS 250 mgt1 ph, not less than 5 nor greater than 10 Hydrogen Sulfide
1.0 mgt1 3
Should the analysis disclose concentrations higher than those listed, Farmers Branch will at once inform Addison of such disqualification. It shall be the obligation of Addison to require
the offending discharger of said highly concentrated materials to undertake remedial measures to bring discharge concentrations within acceptable limits. Farmers Branch will cooperate
with Addison in reaching a satisfactory solution but will not undertake to specify the measures that will be employed to bring those over-strength discharge concentrations within acceptable
limits. In some cases ofover-strength Industrial Waste, the industry discharging the over-strength waste, and Addison, may be desirous, and Farmers Branch may be agreeable to negotiate
terms under which Farmers Branch will accept the over-strength wastes, but Farmers Branch makes no commitment to perform such service. c. (1) The effects of certain types of Industrial
Waste upon wastewater and wastewater treatment processes are such as to require that careful consideration be made of each industrial connection. This is a matter of concern both to
Farmers Branch and to Addison. Addison covenants that it will have in effect and will enforce a sewer use ordinance in accordance with Federal and State regulations or departments having
lawful jurisdiction to set standards for waste discharges.(2) Addison shall, by ordinance, require all Significant Industrial Users as defined by Farmers Branch Ordinance No. 1967 that
ultimately discharge into the Farmers Branch wastewater system, including, without limitation, Displaytek Corporation and Circuit Automation, Incorporated, to obtain an industrial waste
discharge permit. (3) Farmers Branch shall be provided a copy of the application and permit within 14 days after issuance. No Industrial User shall be allowed to connect to the sewer
system discharging to the Farmers Branch Wastewater System without at least 30 days prior notification being given by Addison to Farmers Branch of the intent to connect. Addison also
agrees to provide Farmers Branch with information pertaining to the expected volume and composition of the new-discharge. The expected volume is subject to the limitation of this agreement
and any supplemental agreements. (4) Addison agrees to implement and enforce U.S. Environmental Protection Agency approved pretreatment program with respect to Industrial Users discharging
into the Farmers Branch system. Furthermore, Addison shall, at any reasonable time upon request by Farmers Branch, produce pretreatment program records for review by Farmers Branch.
(5) Addison agrees that U.S. Environmental Protection Agency Pretreatment Program for Industrial Wastes will be maintained to insure continuing approval from the EPA. (6) Addison agrees
to seek injunctive relief against those Industrial Users whose discharge interferes with the Trinity River Authority's treatment system, poses an imminent danger to public health, or
when the specific industry is not making sufficient progress toward compliance or completing an Addison approved pretreatment plan. 4
(7) Addison agrees that Farmers Branch shall have the right to sample wastewater discharges at points of entry to the Farmers Branch wastewater system for the purpose of determining
the type and strength of discharges. (8) Addison agrees that any individual Industrial User found in violation of allowable discharges or any individual Industrial User who refuses access
for the purpose of sampling shall be disconnected from Addison's and Farmers Branch's wastewater system, provided however, that the violating Industrial User shall be afforded all rights,
privileges of appeal and deficiency cure periods as provided under Addison Ordinances. Addison agrees to provide public notification for instances of violation as required in 40 CFR
403. THIS INTERIM AGREEMENT is effective as of November 7, 1994 and shall remain in force until November 6, 1995 unless extended by mutual agreement of both parties, or unless terminated
by breach of any provisions of SECTION 2. Breach of any provision of SECTION 2 shall cause termination of this agreement within 30 days. IN WITNESS WHEREOF, the parties hereto acting
under authority of their respective governing bodies have caused this Amendatory Interim Agreement to be duty executed in several counterparts, each of which shall constitute an original,
this 7th day November, 1994. CITY OF FARMERS BRANCH ATTEST: APPROVED AS TO FORM: 􀁃􀁌􀁾􀁾􀀭􀀭 Attorney Outfall. AGR 5 TOWN OF ADDISON ATTEST: 􀁾􀀧􀀱􀀭 City Secre D AS TO FORM: 􀁾􀀭􀁁􀀺􀁤􀁾
/I
INTERIM OUTFALL SEWER AGREEMENT BETWEEN THE TOWN OF ADDISON AND THE CITY OF FARMERS BRANCH STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT; entered into by and between the Town of Addison,
a Texas Municipal Corporation, acting by and through its City Manager, hereinafter referred to as "Addison", and the City of Farmers Branch, a Texas Municipal Corporation, acting by
and through its City Manager, hereinafter referred to as "Farmers Branch". WITNESSETH: SECTION 1. Covenants of Farmers Branch. a. Farmers Branch hereby agrees to provide transportation
of sewage subject to the limitations identified in Section 2, generated from the Rawhide Creek and Farmers Branch Creek drainage basins within Addison through Farmers Branch's sanitary
sewer system lying within Farmers Branch. b. Farmers Branch agrees to allow the Addison sewage to flow through Farmers Branch sanitary sewer system to the Trinity River Authority's present
sewer collection point west of Interstate Highway 35E and south of Interstate Highway 635. c. c. Farmers Branch agrees to charge Addison 120% of the fee charged to Farmers Branch by
the Trinity River Authority for the duration of this interim agreement based upon measured sewage flows through the existing five entry points into the Farmers Branch sewer system from
the Addison sewer system. The five entry points are noted on the attached sketch labeled Exhibit A. SECTION 2. Covenants of Addison. a. Addison will calibrate the meters in accordance
with the "Wastewater Meter Station Evaluation Final Report" performed by ADS Environmental Services, Inc., dated June 16, 1993, and submit verification to Farmers Branch of the calibration
within the first 30 days of this agreement. b. Addison will submit to Farmers Branch verification that the meters are still calibrated
in the last 30 days of the agreement. c. Addison agrees to limit its sewage flows at each of the five entry points for the duration of this interim agreement or until such time as the
improved outfall system has been provided, whichever shall occur first, as follows: 1. Rawhide Creek Basin -The sewage flow shall be limited to a total flow of 135 million gallons for
the term of the agreement. The amount of flow is based on calibrated meters as reference in Section 2a, of this agreement. At such time as the total monthly flow into the Rawhide Creek
Basin equals or exceeds 8 million gallons, both meters at this entry point shall be recalibrated. 2. Farmers Branch Creek Basin a) Inwood Road, Brookhaven Club West, and Brookhaven Club
East and Spring Valley Road Metering Stations -the sewage flow shall be limited to a total flow of 540 million gallons for the term of this agreement. The amount of flow is based on
calibrated meters as reference in Section 2a, of this agreement. The City of Farmers Branch understands Addison is planning various measures to reduce the inflow and infiltration or
otherwise reduce flow. It is not the intent of the City of Farmers Branch to reduce the flow limits to Addison as a result of their system improvement efforts. b) Beltwood -the sewage
flow shall be limited to the flow generated from the existing buildings at the following addresses: 4568 through 4580, and 4600 Belt Line Road, 15000 Block of Beltwood Parkway, 14600,
14700, and 14800 Blocks of Inwood Road. Since the sewage flow is not metered, the amount of sewage flow shall be considered as 80%of the amount of water metered to these properties.
d. Addison and Farmers Branch will conduct monthly meetings to monitor sewage flows to insure that there are not any adverse affects on the system. e. Addison is prohibited from trucking
sanitary sewer effluent through Farmers Branch. 2
f. Addison may contract for additional capacity within a given drainage basin through a supplemental agreement which shall incorporate the means for making additional capacity available,
and the means of financing those improvements to provide additional capacity. g. Addison agrees to limit its sewage flows to whatever extent is necessary to reduce, preventand/or eliminate
any spill, overload or overflow of Farmers Branch's sewer system constituting a violation of the rules and regulations of the Texas Water Commission and/or the U.S. Environmental Protection
Agency. h. In the event of any spill, overload or overflow for which Addison has a responsibility, and which constitutes a violation of the rules and regulations of the Texas Water Commission
and/or the U.S. Environmental Protection Agency, Addison agrees to reimburse Farmers Branch for the costs of any fines or penalties. i. Addison agrees to enforce the Sewer Use Ordinance,
Addison Ordinance No. 087004, which ordinance incorporates the basic terms and conditions of Farmers Branch Ordinance No. 1967. Addison agrees to amend this ordinance to reflect the
basic terms and conditions of any amendments to Farmers Branch Ordinance No. 1967. SECTION 3. Mutual Covenants. Addison and Farmers Branch agree that this is an interim agreement entered
into to allow sufficient time for the implementation of the Addison-Farmers Branch sanitary sewer interceptor. SECTION 4. Compliance with State and Federal Re2ulations. a. (1) To enable
the highest degree of treatment in the most economical manner possible, and to comply with Federal and State regulations, certain solids, liquids and gases are hereby prohibited from
entering the Farmers Branch system in excess of standards as set by said Federal and State regulations. The prohibitive discharges listed in Farmers Branch Ordinance No. 1967 shall also
apply at the Points of Entry to the Farmers Branch Wastewater System. (2) Federal and State regulatory agencies periodically modify standards on prohibitive discharges; therefore, revisions
to, additions to, or deletions from the items listed in this section will become necessary to comply with these latest standards. It is the intention of this interim agreement that prohibitive
discharge requirements be reviewed periodically by Farmers Branch and revised in accordance with the latest standards of any federal or state agency having regulatory powers. Any required
revisions shall be made and written notice thereof given to Addison. Addison shall be responsible for integrating such changes into the local industrial waste ordinance and notifying
all affected users of the change within ninety (90) 3
days following written notice to Addison of such change. b. To determine quality of Wastewater, Farmers Branch will collect composite samples of Wastewater at each point of entry to
the Farmers Branch Wastewater System and cause same to be analyzed in accordance with testing procedures as set forth in the latest edition of Standard Methods of Examination of Water
and Wastewater, published by American Public Health Association, Inc. Composite samples will normally be taken quarterly or at more frequent intervals if necessary to determine Wastewater
quality. Such Wastewater shall not exceed the limits of concentration specified for Normal Wastewater as follows: Normal Wastewater Concentration BOD 250 mg/1 SS 250 mg/1 ph, not less
than 5 nor greater than 10 Hydrogen Sulfide 1.0 mg/l Should the analysis disclose concentrations higher than those listed, Farmers Branch will at once inform Addison of such disqualification.
It shall be the obligation of Addison to require the offending discharger of said highly concentrated materials to undertake remedial measures to bring discharge concentrations within
acceptable limits. Farmers Branch will cooperate with Addison in reaching a satisfactory solution but will not undertake to specify the measures that will be employed to bring those
over-strength discharge concentrations within acceptable limits. In some cases of over-strength Industrial Waste, the industry discharging the over-strength waste, and Addison, may be
desirous, and Farmers Branch may be agreeable to negotiate terms under which Farmers Branch will accept the over-strength wastes, but Farmers Branch makes no commitment to perform such
service. c. (1) The effects of certain types of Industrial Waste upon wastewater and wastewater treatment processes are such as to require that careful consideration be made of each
industrial connection. This is a matter of concern both to Farmers Branch and to Addison. Addison covenants that it will have in effect and will enforce a sewer use ordinance in accordance
with Federal and State regulations or departments having lawful jurisdiction to set standards for waste discharges. 4
1 • " (2)· Addison shall, by ordinance, require all Significant Industrial Users as defined by Farmers Branch Ordinance No. 1967 that ultimately discharge into the Farmers Branch wastewater
system, including, without limitation, Displaytek Corporation and Circuit Automation, Incorporated, to obtain an industrial waste discharge permit. (3) Farmers Branch shall be provided
a copy of the application and permit within 14 days after issuance. No Industrial User shall be allowed to connect to the sewer system discharging to the Farmers Branch Wastewater System
without at least 30 days prior notification being given by Addison to Farmers Branch of the intent to connect. Addison also agrees to provide Farmers Branch with information pertaining
to the expected volume and composition of the new-discharge. The expected volume is subject to the limitation of this agreement and any supplemental agreements. (4) Addison agrees to
implement and enforce U.S. Environmental Protection Agency approved pretreatment program with respect to Industrial Users discharging into the Farmers Branch system. Furthermore, Addison
shall, at any reasonable time upon request by Farmers Branch, produce pretreatment program records for review by Farmers Branch. (5) Addison agrees that U.S. Environmental Protection
Agency Pretreatment Program for Industrial Wastes will be maintained to insure continuing approval from the EPA. (6) Addison agrees to seek injunctive relief against those Industrial
Users whose discharge interferes with the Trinity River Authority's treatment system, poses an imminent danger to public health, or when the specific industry is not making sufficient
progress toward compliance or completing an Addison approved pretreatment plan. (7) Addison agrees that Farmers Branch shall have the right to sample wastewater discharges at points
of entry to the Farmers Branch wastewater system for the purpose of determining the type and strength of discharges. (8) Addison agrees that any individual Industrial User found in violation
of allowable discharges or any individual Industrial User who refuses access for the purpose of sampling shall be disconnected from Addison I s and Farmers Branch I s wastewater system,
provided however, that the violating Industrial User shall be afforded all rights, privileges of appeal and deficiency cure periods as provided under Addison Ordinances. Addison agrees
to provide public notification for instances of violation as required in 40 CFR 403. 5
· , ; THIS INTERIM AGREEMENT is effective as of September 9,1993 and shall remain in force until September 9, 1994 unless extended by mutual agreement of both parties, or unless terminated
by breach of any provisions of SECTION 2. Breach of any provision of SECTION 2 shall cause termination of this agreement within 30 days. IN WITNESS WHEREOF, the parties hereto acting
under authority of their respective governing bodies have caused this Amendatory Interim Agreement to be duty executed in several counterparts, each of which shall constitute an original,
this 9th day September, 1993. ATTEST: City Secretary TOWN OF ADDISON 􀁾􀁾􀀬􀁌􀀩􀁾 City Manager City Manager B:QUTFALL.AGR/AGREEMENTS September 2, 19936
, .,. ,'.l r. INTERIM OUTFALL SEWER AGREEMENT BETWEEN THE TOWN OF ADDISON AND THE CITY OF FARMERS BRANCH STATE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT; entered into by and between the
Town of Addison, a Texas Municipal Corporation, acting by and through its City Manager, hereinafter referred to as "Addison", and the City of Farmers Branch, a Texas Municipal Corporation,
acting by and through its City Manager, hereinafter referred to as "Farmers Branch". WITNESSETH: ,SECTION 1. Covenants of Farmers Branch. 􀁾􀀬 a. Farmers Branch hereby agrees to provide
transportation of sewage subject to the limitations identified in Section 2, generated from the Rawhide Creek and Farmers Branch Creek drainage basins within Addison through Farmers
Branch's sanitary sewer system lying within Farmers Branch. b. Farmers Branch agrees to allow the Addison sewage to flow through Farmers Branch sanitary sewer system to the Trinity River
Authority's present sewer collection point west of Interstate Highway 35E and south of Interstate Highway 635. c. Farmers Branch agrees to charge Addison 120% of the fee charged to Farmers
Branch by the Trinity River Authority for the duration of this interim agreement based upon measured sewage flows through the existing five entry points into the Farmers Branch sewer
system from the Addison sewer system. The five entry points are noted on the attached sketch labeled Exhibit A. SECTION 2. Covenants of Addison. a. Addison agrees to limit its sewage
flows at each of the five entry points for the duration of this interim agreement or until such time as the improved outfall system has been provided, whichever shall occur first as
follows: 1. Rawhide Creek Basin -the sewage flow shall be limited to a total flow of 160 million gallons on an annualized basis for the term of this agreement (3 months). -1-
.' 2. Farmers Branch Creek Basin a) Inwood Road, Brookhaven Club West, and Brookhaven Club East Metering Stations -the sewage shall be limited to a total flow of the three (3) highest
months during the last twelve (12) months for the term of this agreement. D b) Beltwood -the sewage flow shall be limited to the flow generated from the existing buildings at the following
addresses: 4568 through 4580, and 4600 Belt Line Road, 15000 Block of Beltwood Parkway, 14600, 14700, and 14800 Blocks of Inwood Road. Since the sewage flow is not metered, the amount
of sewage flow shall be considered as 80% of the amount of water metered to these properties. c) Spring Valley Metering Station -No increase in sanitary sewer flow is permitted except
as provided below. Addison agrees not to issue building permits within the basin without providing certification to Farmers Branch that such issuance will not increase the amount of
sewage that flows into the Farmers Branch sewer line. Addison agrees not to issue building permits within the basin which might increase sewage flows without the prior approval of Farmers
Branch, such approval (by the City Manager of Farmers Branch) shall be based solely on the determination that the amount of sanitary sewer flow will not have an adverse impact on the
Farmers Branch sewer line. Addison agrees to study this basin and attempt to reduce the flow currently being recorded at the meter station. b. Addison and Farmers Branch will conduct
monthly meetings to monitor sewage flows to insure that there are not any adverse affects on the system. c. Addison may contract for additional capacity within a given drainage basin
through a supplemental agreement which shall incorporate the means for making additional capacity available, and the means of financing those improvements to provide additional capacity.
d. Addison agrees to limit its sewage flows to whatever extent is necessary to -2-
reduce, prevent and/or eliminate any spill, overload or overflow of Farmers Branch's sewer system constituting a violation of the rules and regulations of the Texas Water Commission
and/or the u.s. Environmental Protection Agency. e. In the event of any spill, overload or overflow for which Addison has a responsibility, and which constitutes a'violation of the rules
and regulations of the Texas Water Commission and/or the u.s. Environmental Protection Agency, Addison agrees to reimburse Farmers Branch for the costs of any fines or penalties. f.
Addison agrees to enforce the Sewer Use Ordinance, Addison Ordinance No. 087-004, which ordinance incorporates the basic terms and conditions of Farmers Branch Ordinance No. 1967. Addison
agrees to amend this ordinance to reflect the basic terms and conditions of any amendments to Farmers Branch Ordinance No. 1967. SECTION 3. Mutual Covenants. Addison and Farmers Branch
agree that this is an interim agreement entered into to allow sufficient time for the implementation of the Addison-Farmers Branch sanitary sewer interceptor. SECTION 4. Compliance with
State and Federal Regulations. a. (1) To enable the highest degree of treatment in the most economical manner possible, and to comply with Federal and State regulations, certain solids,
liquids and gases are hereby prohibited from entering the Farmers Branch system in excess of standards as set by said Federal and State regulations. The prohibitive discharges listed
in Farmers Branch Ordinance No. 1967 shall also apply at the Points of Entry to the Farmers Branch Wastewater System. (2) Federal and State regulatory agencies periodically modify standards
on prohibitive discharges therefore, revision to, additions to, or· deletions from the items listed in this section will become necessary to comply with these latest standards. It is
the intention of this interim agreement that prohibitive discharge requirements be reviewed periodically by Farmers Branch and revised in accordance with the latest standards of any
federal or state agency having regulatory powers. Any required revisions shall be made and written notice thereof given to Addison. Addison shall be responsible for integrating such
changes into the local industrial waste ordinance and notifying all affected users of the change within ninety (90) days following written notice to Addison of such change. b. To determine
quality of Wastewater, Farmers Branch will collect composite samples of Wastewater, at each point of entry to the Farmers Branch Wastewater System and cause same to be analyzed in accordance
with testing procedures as set forth in the latest edition of Standard Methods of Examination of Water and Wastewater, published by American Public Health Association, Inc. Composite
samples will normally be taken -3-
,j quarterly or at more frequent intervals if necessary to determine Wastewater quality, Such Wastewater shall not exceed the limits of concentration specified for Normal Wastewater
as follows: Normal Wastewater Concentration BOD 250 mg/1 SS 250 mg/1 ph, not less than 5 nor greater than 10 Hydrogen Sulfide 1.0 mg/1 Should the analysis disclose concentrations higher
than those listed, Farmers Branch will at once inform Addison of such disqualification, It shall be the obligation of Addison to require the offending discharger of said highly concentrated
materials to undertake remedial measures to bring discharge concentrations within acceptable limits. Farmers Branch will cooperate with Addison in reaching a satisfactory solution but
will not undertake to specify the measures that will be employed to bring those over-strength discharge concentrations within acceptable limits. In some cases of over-strength Industrial
Waste, the industry discharging the over-strength waste, and Addison, may be desirous, and Farmers Branch may be agreeable to negotiate terms under which Farmers Branch will accept the
over-strength wastes, but Farmers Branch makes no commitment to perform such service. c. (1) The effects of certain types of Industrial Waste upon wastewater and wastewater treatment
processes are such as to require that careful consideration be made of each industrial connection. This is a matter of concern both to Farmers Branch and to Addison. Addison covenants
that it will have in effect and will enforce a sewer use ordinance in accordance with Federal and State regulations or departments having lawful jurisdiction to set standards for waste
discharges. (2) Addison shall, by ordinance, require all Significant Industrial Users as defined by Farmers Branch Ordinance No, 1967 that ultimately discharge into the Farmers Branch
wastewater system, including, without limitation, Displaytek Corporation and Circuit Automation, Incorporated, to obtain an industrial waste discharge permit. (3) Farmers Branch shall
be provided provided a copy of the application and permit within 14 days after issuance. No Industrial User shall be allowed to connect to the sewer system discharging to the Farmers
Branch Wastewater System without at least 30 days prior notification being given by Addison to Farmers Branch of the intentto connect. Addison also agrees to provide Farmers Branch with information pertaining to the expected volume and composition of the new-discharge, The expected volume is subject to the
limitation of this agreement and any supplemental agreements. -4-
, " ? 􀁾􀀬 (4) Addison agrees to implement and enforce U.S. Environmental Protection Agency approved pretreatment program with respect to Industrial Users discharging into the Farmers
Branch system. Furthermore, Addison shall, at any reasonable time upon request by Farmers Branch, produce pretreatment program records for review by Farmers Branch. (5) Addison agrees
that U.S. Environmental Protection Agency Pretreatment Program for Industrial Wastes will be maintained to insure continuing approval from the EPA. (6) Addison agrees to seek injunctive
relief against those Industrial Users whose discharge interferes with the Trinity River Authority's treatment system, poses an imminent danger to public health or when the specific industry
is not making sufficient progress toward compliance or completing an Addison approved pretreatment plan. (7) Addison agrees that Farmers Branch shall have the right to sample wastewater
discharges at points of entry to the Farmers Branch wastewater system for the purpose of determining the type and strength of discharges. (8) Addison agrees that any individual Industrial
User found in violation of allowable discharges or any Individual Industrial User who refuses access for the purpose of sampling shall be disconnected from Addison's and Farmers Branch's
wastewater system. Provided, however, that the violating Industrial User shall be afforded all rights, privileges of appeal and deficiency cure periods as provided under Addison Ordinances.
Addison agrees to provide public notification for instances of violation as required in 40 CFR 403. TillS INTERIM AGREEMENT is effective as of April 12, 1993 and shall remain in force
until July 12, 1993 unless extended by mutual agreement of both parties, or unless terminated by breach of any provision of SECTION 2. Breach of any provision of SECTION 2 shall cause
termination of this agreement within.30 days. -5-
, " <,i. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendatory Interim Agreement to be duly executed in several
counterparts, each of which shall constitute an original, this IqtH day of !+P(JIL.-1993. ATTEST: '-IJbeAN ecretary ATTEST: 􀂣􀁾􀁾 CIty Secretary sewerfb.agr 4/8/93 -GTOWN OF ADDISON
􀁋􀁾􀁗􀁾 City Manager APPROVED AS TO FORM: CITY OF FARMERS BRANCH wr:fJft) Ci Manager APPROVED AS TO FORM: 􀁾􀀬􀁳􀀩 City Attorney 􀁾
􀁾 􀀮􀁉􀀧􀀧􀀧􀀧􀂷􀀺􀀧􀀧􀀧􀀧􀀧􀁾 􀀮􀀺􀂷􀂷􀀬􀁴􀀧􀁉􀁬􀀼􀀬􀁾􀁾􀀧􀁉􀀧􀁾􀀢 ..􀁾 .. ,_. , '. -•. ,., 􀀧􀀮􀀧􀁾􀁉􀁜􀀧􀂷􀀧􀀱􀁾􀁾􀀢􀀮􀀮􀀮􀁷􀂷􀀧 􀀮􀁾􀁾􀀮􀀬􀁾􀀢 ... 􀁬􀀬􀀮􀂷􀀮􀀧􀁾􀀧 '1'-'" III ,,'
" l I 􀁾.. . 􀁾􀁩 !: 􀁾 i ::.: 􀀺􀁾􀀧 _.. .. 􀁾􀀺􀀺􀀢􀁾􀀺􀀮 􀁨􀁾 _.. 􀀮􀁾•.. GUIDE _...... 􀀻􀁾􀁾 􀁾􀀺􀀬􀀧 􀁾􀁾􀀺􀀮 It 􀁾 _.. 􀁾􀀬􀀮􀀬 􀁾􀁾􀀭 􀁾􀀺 :;1-􀁾􀀺 􀁾􀀻 t 􀁦􀀭􀁾􀂷 Ii 􀁾 --._..
\ I.f.A.. , .,,;/,;o!' 'I I( . e '. i: '<. "I 􀀮􀀬􀁾 I i I \, ) I 'I II _. ir􀁾􀀧􀀻􀀺􀀻􀀺 ;-J • 4 /s ,6 It,s ,y (> -0.12 ,) 14 '.J2. EXHIBIT A 'I"
􀁾􀁴􀀮􀁬􀀧􀁤 01; 􀁌􀁬􀁾 uQU 􀁉􀁏􀁏􀁾􀀬􀁾 􀁵􀁬􀁬􀁾 I) q1 INTERXX 􀁏􀁕􀁔􀁾􀁁􀁌􀁌 SEWER AGRlBMEJlI'l' BETWEEN THE TOn OF ADDISON ABD TIlE CITY OF :PARKERS BRANCH STATE OF TEXAS COUNTY OF
DALLAS THIS AGREEMENT; entered into by and between the Town of· Addison, a Texas Municipal Corporation, acting by and through its City Manaqer, hereinafter referred to as "Addison",
and the City of Farmers Branch, a Texas Municipal Corporation, acting by and throuqh its city Manager, hereinafter referred to as tlFarmers Branch". WITNESSETH: SECTION 1. coyenAnts
of 'armers Branch. a. Farmers Branch hereby aqrees to provide transportation of sewage subject to the limitations identified in Section 2, generated from the Rawhide Creek and Farmers
Branch Creek drainage basins within Addison through Farmers B:ranch' s sanitary sewer system lying within Farmers Branch. . b. Farmers Branch agrees to allow the Addison sewage to flow
through Farmers Branch sanitary sewer system to the Trinity River Authority's present sewer collection point. west of Interstate Highway 35E and south of Interstate Highway 635. c. Farmers
Branch agrees to charge Addison 120% of the fee charged to Farmers Branch by the Trinity River Authority for the duration of this interim agreement based upon measured sewage flows through
the existing five entry points into the Farmers Branch sewer system from the Addison sewer system. The five entry points are noted on the attached sketch labeled Exhibit A. SECTION 2.
Covenants of Addison. a. Addison agrees to limit its sewage flows at each of the five entry points for the duration of this interim agreement or until such time as the improved outfall
system has been provided, whichever shall occur first as follows: RaWhide Creek -the sewage flow shall be limited to the current monthly flow qenerated in the 12 months preceedinq execution
of this agreement and the additien of sewage flows, generated by 280 single-family and/or multi-family dwelling units presently under construction in Addison.
Brookhaven Road -the sewage flow shall be limited to the current monthly flow generated in the 12 months preceeding execution of this agreement. Spring Valley Road -the sewage flow shall
be limited to the current monthly flow generated in the 12 months preceeding execution of this agreement. Inwood Road -the sewage flow shall be limited to the current monthly flow generated
in the 12 months preceeding execution of this aqreement. Beltway -the sewage flow shall be limited to the amount of flow generated from the following addresses: 4568 thru 4580, and 4600
Belt Line Rd., the 15000 Blk of Beltwood Pkwy., the 14600, 14700, and 14800 Blks of Inwood Rd. since the sewage flow is not metered, the amount of sewage flow shall be considered as
the 80% of the amount of water metered to these properties. b. Addison agrees to inform Farmers Branch of proposed increases in sewage flows due to additional sewer connections, changes
in land use, and changes in building use; and the methods that Addison will implement to mitigate the proposed increases beyond the limits set forth in Section 2a of this agreement.
Addison may contract for additional capacity within a given drainage basin through a supplemental agreement which shall incorporate the means for making additional capacity available,
and the means of financing those improvements to provide additional capacity. c. Addison agrees to limit its sewage flows to whatever extent is necessary to reduce, prevent and/or eliminate
any spill, overload or overflow of Farmers Branch's sewer system constituting a violation of the rules and regulations of the Texas Water Commission and/or the u.s. Environmental Protection
Agency. d. In the event of any spill, overload or overflow for which Addison has a responsibility, and which constitutes a violation of the rules and regulations of the Texas Water Commission
and/or the u. s. Environmental Protection Agency, Addison agrees to reimburse Farmers Branch for the costs of any fines or penalties. e. Addison agrees to enforce the Sewer Use Use Ordinance,
Addison ordinance No. 087-004, Which ordinance incorporates the basic terms and conditions of Farmers Branch Ordinance No. 1967. Addison agrees to amend this ordinance to reflect the
basic terms and conditions of any amendments to Farmers Branch Ordinance No. 1967. 2
SECTION 3. Mutual Covenants. Addison and Farmers Branch agree that this is an interim aqreement entered into to allow sufficient time for the implementation of the Addison-Farmers Branch
sanitary sewer interceptor. SECTION 4. Compliance with stat, IDd lederal Regulations. a. (1) To enable the highest degree of treatment in the most economical 􀁾􀁡􀁮􀁮􀁥􀁲 possible. and
to comply with Federal and state regulations, certain solids, liquids and qases are hereby prohibited from enterinq the Farmers Branch system in excess of standards as set by said Federal
and State regulations. The prohibitive discharges listed in Farmers Branch Ordinance No. 1967 shall also apply at the Points of Entry to the Farmers Branch wastewater System. (2) Federal
and State regulatory agencies periodically modify standards on prohihitive discharges therefore, revision to, ·additions to, or deletions from the items listed in this section will become
necessary to comply with these latest standards. It is the intention of this interilll agreement: that prohibitive discharge requirements be reviewed periodically by Farmers Branch and
revised in accordance with the latest standards of any federal or state agency having regulatory powers. Any required revisions shall be made and written notice 􀁾􀁨􀁥􀁲􀁥􀁯􀂣 given
to Addison. Addison shall be responsible for integrating such changes into the local industrial waste ordinance and notifying all affected users of the change within ninety (90) days
following written notice to Addison of such change. b. To determine quality of Wastewater, Farmers Branch will collect composite samples of Wastewater. at each point of entry to the
Farmers Branch Wastewater System and cause same to be analyzed in accordance with testing procedures as set forth in the latest edition of Standard Methods of Examination of Water and
Wastewater, pUblished by American Public Health Association, Inc. Composite samples will normally be taken quarterly or at more frequent intervals if necessary to determine wastewater
quality. Such wastewater shall not exceed the limits of concentration specified for Normal Wastewater as follows: NOrmal wastewater Concentration BOD 55 ph, not less than 5 Hydrogen
Sulfide 250 mq/l 250 mq/1 nor greater than 10 L 0 mg/l Should the analysis disclose concentrations higher than those listed, Farmers Branch will at once inform Addison of Such disqualification.
It shall be the obligation of Addison to require 3
the offending discharger of said highly concentrated materials to undertake remedial measures to bring discharge concentrations within acceptable limits. Farmers Branch will cooperate
with Addison in reaching a satisfactory solution but will not undertake to specify the measures that will be employed to bring those overstrength discharge concentrations 􀁷􀁩􀁴􀁨􀁾􀁮
acceptable limits.In some cases of over-strength Industrial Waste, the industry discharging the over-strength waste, and Addison, may be desirous, and Farmers Branch may be agreeable
to negotiate terms under which Farmers Branch will accept the over-strength wastes, but Farmers Branch makes no commitment to perform such service. c. (1) The effects of certain types
of Industria.l Waste upon wastewater and wastewater treatment processes are such as to require that careful consideration be made of each industrial connection. This is a matter of concern
both to Farmers Branch and to Addison. Addison covenants that it will have in effect and will enforce a sewer use ordinance in accordance with Federal and state regulations or departments
having lawfUl jurisdiction to set standards for-waste discharges. (2) Addison shall, by ordinance, require all Si9nificant Industrial Users as defined by Farmers Branch Ordinance No.
1967 that ultimately discharge into the Farmers Branch wastewater system, inclUding, without limitation, oisplaytek Corporation and Circuit Automation, Incorporated, to obtain an industrial
waste discharge permit. (3) Farmers Branch shall be provided a copy of the application and permit within 14 days after issuance. No Industrial User shall be allowed to connect to the
sewer system discharging to the Farmers Branch Wastewater System without at least 30 days prior notification being given by Addison to Farmers Branch of the intent to connect. Addison
also agrees to provide Farmers Branch with information pertaining to the expected volume and composition of the new-discharge. The expected volume is subject to the limitation of this
agreement agreement and any supplemental agreements.(4) Addison agrees to implement and enforce U. s. Enviromnental Protection Agency approved pretreatment program wit:h respect to Industrial
Users discharging into the Farmers Branch system. Furthermore, Addison shall, at any reasonable time upon request by Farmers Branch, produce pretreatment program records for review by
Farmers Branch. (5) Addison agrees that U.S. Environmental protection Agency Pretreatment Program for Industrial Wastes will be maintained to insure continuing approval!rom the EPA.
(6) Addison agrees to seek injunctive relief against those Industrial Users whose discharge interferes with the Trinity ..
SENT BY:River Authority's treatment system,. poses an imminent danger to public health or when the 􀁳􀁰􀁥􀁣􀁾􀁦􀁩􀁣 industry is not making sufficient progress toward compliance. or completing
an Addison approved pretreatment plan. (7) Addison agrees that Farmers Branch shall have the right to sample wastewater discharges at points of entry to the Farmers Branch wastewat.er
system for the purpose of determining the type and strength of discharges. (8) Addison agrees that any individual Industrial User found in violation of allowable discharges or any individual
Industrial User who refuses access for the purpose of sampling shall be disconnected from Addison's and Farmers Branch's wastewater system. Provided however, that the violating Industrial
User shall be afforded all rights, privileges of appeal and deficiency cure periods as provided under Addison Ordinances. Addison aqreesto provide public notification for inst.ances
of violation as required in 40 CFR 403. THIS INTERIM AGREEMENT is effective as of' December 23, 1991 and shall remain in force until June 24, 1992 unless extended by mutual agreement
of both parties, or unless terminated by breach of any provisions of SECTION 2. Breach of any provision of SECTION 2 shall cause termination of this agreement within 30 days. 5
IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Atnendatory Interim Agreement to be duty executed in several counterparts,
each of which shall constitute an original, this day of 1990. AI"l':E:ST: City Secretary ATTEST: City Secretary TOWN OF ADDISON city Manager APPROVED AS TO FORM: Attorney CITY OF FARMERS
BRANCH City. Manager Date: _ APPROVED AS TO FORM: City Attorney
'-" <I--' -CD J: 􀀬􀁾 XW\,' ,II (j) «xwIl==:;,;;.__ 􀀬􀀮􀀮􀀮􀀭􀀭􀁶􀁯􀀭􀀭􀁾􀁗􀀢􀀢􀀢􀀧􀀭􀀭􀀢􀀢􀀭􀀭􀀭􀁲􀀭􀁔􀁉􀀺􀀺􀀺􀀺􀀺􀀭􀀭􀀢􀀧􀁾􀁾􀁉􀀩􀀧􀀭􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀁖􀀭􀂷 , . :r: ... I.i. U 0% >o<t:
1::0:: OlJ:l ...., .􀀢􀁾 r ,;
,, INTERIM AGREEMENT AMENDMENT WHEREAS, the Town of Addison, Texas (Addison) has duly executed and entered into an Interim Agreement dated as of the 23rd day of June, 1986, with the
City of Farmers Branch, Texas (Farmers Branch) providing for wastewater service to Addison, to which Interim Agreement reference is hereby made for all purposes; and WHEREAS, on June
26, 1978, the U. S. Environmental Protection Agency published a rule (Amended January 28, 1981 and June 12, 1986) which established mechanisms and procedures for enforcing National Pretreatment
Standards controlling the introduction of wastes from non-domestic sources into Publicly Owned Treatment Works (POTWs); and WHEREAS, this rule, 40 CFR 403, requires that a pretreatment
program be developed for the Farmers Branch Wastewater System; and WHEREAS, Farmers Branch must comply with rule 40 CFR 403; and WHEREAS, Farmers Branch has entered into and executed
a Contract with the Trinity River Authority of Texas which requires the adoption and enforcement of an industrial waste pretreatment program approved by the U. S. Environmental Protection
Agency; and WHEREAS, it is deemed necessary that the Interim Agreement be amended to include a new Section 4 to comply with 40 CFR 403; NOW, therefore, in consideration of the mutual
covenants and promises contained herein, Addison and Farmers Branch agree as follows: . THAT the Interim Agreement is amended to include the following Section: Section 4.1 SEWER USE
ORDINANCE: Addison agrees to adopt an ordinance, or incorporate into Addison Ordinance No. 084-008, amendments establishing standards for the quality and quantity of sewage which may
be discharged into the sewer system, which ordinance shall incorporate the basic terms and conditions of Farmers Branch Ordinance No. 1555. Addison agrees to adopt this ordinance within
forty-five (45) days of entering into and executing this agreement.
Addison agrees to enforce this Sewer Use Ordinance regulating the discharge of sewage into the sewer system. Section 4.2 PROHIBITIVE DISCHARGES: To enable the highest degree of treatment
in the most economical manner possible, and to comply with Federal and State regulations, certain solids, liquids and gases are hereby prohibited from entering the Farmers Branch system
in excess of standards as set by said Federal and State regulations. The prohibitive discharges listed in Farmers Branch Ordinance No. 1555 shall also apply at the Points of Entry to
the Farmers Branch Wastewater System. Federal and State regulatory agencies periodically modify standards on prohibitive discharges; therefore, revision to, additions to, or deletions
from the items listed in this section will become necessary to comply with these latest standards. It is the intention of this interim agreement that prohibitive discharge requirements
be reviewed periodically by Farmers Branch and revised in accordance with the latest standards of of any federal or state agency having regulatory powers. Any required revisions shall
be made and written notice thereof given to Addison. Addison shall be responsible for integrating such changes into the local industrial waste ordinance and notifying all affected users
of the change within ninety (90) days ' following written notice to Addison of such change. Section 4.3 TESTING QUALITY: To determine quality of Wastewater, Farmers Branch will collect
composite samples of Wastewater at each point of entry to the Farmers Branch wastewater system arid cause same to be analyzed in accordance with testing procedures as set forth in the
latest edition of Standard Methods of Examination of water and Wastewater, published by American Public Health Association, Inc. Composite samples will normally be taken quarterly or
at more frequent intervals if necessary to determine Wastewater quality. Such Wastewater shall not exceed the limits of concentration specified for Normal Wastewater as follows: Normal
Wastewater Concentration BOD 250 mgt1 SS .250 mgt1 pH, not less than 5 nor greater than 10 Hydrogen Sulfide 1.0 mgt1 Should the analysis disclose concentrations higher than those listed,
Farmers Branch will at once inform Addison of such disqualification. It shall be the obligation of Addison to require the offending discharger of said highly concentrated materials to
undertake remedial measures to bring discharge concentrations within acceptable limits. Farmers Branch will
cooperate with Addison in reaching a satisfactory solution but will not undertake to specify the measures that will be employed to bring those over-strength discharge concentrations
within acceptable limits. In some cases of over-strength Industrial Waste, the industry discharging the over-strength waste, and Addison, may be desirous, and Farmers Branch may be agreeable
to negotiate terms under which Farmers Branch will accept the over-strength wastes, but Farmers Branch makes no commitment to perform such service. Section 4.4 INDUSTRIAL WASTES: The
effects of certain types of Industrial Waste upon wastewater and wastewater treatment processes are such as to require that careful consideration be made of each industrial connection.
This is a matter of concern both to Farmers Branch and to Addison. Addison covenants that it will have in effect and will enforce a sewer use ord.inance in accordance with Federal and
State regulations or departments having lawful jurisdiction to set standards for waste discharges. Addison shall, by ordinance, require all Significant Industrial Users as defined by
Farmers Branch Ordinance No. 1555 that ultimately discharge into the Farmers Branch wastewater system to obtain an industrial waste discharge permit. Farmers Branch shall be provided
a copy of the application and permit within 14 days after issuance. No Industrial User shall be allowed to connect to the sewer system discharging to the Farmers Branch Wastewater System
without at least 30 days prior notification being given by Addison to Farmers Branch of the intent to connect. Addison also agrees to provide Farmers Branch with information pertaining
to the expected volume and composition of the new discharge. Addison agrees to implement and enforce U. S. Environmental Protection Agency approved pretreatment program with respect
to Industrial Users discharging into the Farmers Branch system. Furthermore, Addison shall, at any reasonable time upon request by Farmers Branch, produce pretreatment program records
for review by Farmers Branch. Addison agrees that U. S. Environmental Protection·Agency Pretreatment Program for Industrial Wastes will be maintained to insure continuing approval from
the EPA. Addison agrees to seek injunctive relief against those Industrial Users whose discharge interferes with the Trinity River Authority's treatment system, poses an imminent danger
to public health or when the specific industry is not making sufficient progress toward compliance or-completing an Addison approved pretreatment plan.
Addison agrees that Farmers Branch shall have the right to sample wastewater discharges at points of entry to the Farmers Branch wastewater system for the purpose of determining the
type and' strength of discharges. Addison agrees that any individual Industrial User found in violation of allowable discharges or any individual Industrial User who refuses access for
the purpose of sampling shall be disconnected from Addison's and Farmers Branch's wastewater system. Provided however, that the violating Industrial User shall be afforded all rights,
privileges of appeal and deficiency cure periods as provided under Addison Ordinances. Addison agrees to provide public notification for instances of violation as required in 40 CFR
403. All provisions contained herein are in addition to those contained in the Interim Agreement entered into between the parties dated June 23, 1986. This Amendment and the original
Interim Agreement shall be construed as a single agreement. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendatory
Interim Agreement to be duly executed in several 􀁣􀁯􀁵􀁮􀁴􀁥􀁲􀁐􀁤􀁒􀁴􀁾􀀨 each of 􀁷􀁾􀁨􀁡􀁬􀁬 constitute an original, all as of the L day of _. , 19.J+. ATTEST: CITY OF FARMERS BRANCH
􀁾􀁾 City Manager By: 􀀭􀀭􀀽􀀭􀀮􀀻􀀽􀀭􀀮􀀮􀀮􀀻􀀧􀀭􀀽􀀮􀀮􀀮􀀮􀀮􀀬􀀮􀀮􀀮􀀮􀀭􀁾􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭 ATTEST: CITY OF ADDISON 􀀥􀀿􀁾 9-efY -J7 By: --tr--=---=-.......􀁾􀁾􀀭􀀭􀀽􀁾􀀭􀀭􀀭􀀭􀀭􀀭
Date: ------"'-.........􀀭􀀧􀀭􀀭􀁾􀀭􀁉􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭
THE STATE OF TEXAS 􀁜􀁾􀁾.........􀀬􀁾􀀮􀀰 /:",,,., 􀀭􀀡􀀮􀁾􀀭􀀻􀀻 'r 􀁾􀀧􀀭􀁾􀀮 \0.,..1''''; '\ i 􀁾 I'>' COUNTY 0 ,',.,, DALLAS xX This contract entered into this £..6-. day of􀁾A-L__􀁾
A. D. 1 96·,;t by and between the City of Farmers Branch, Texas, a municipal corporation, and the City of Addison, Texas, a municipal corporation, each municipal corporation acting by
and through its duly authorized officials pursuant to authority granted. WIT N E SSE T H : WHEREAS, the City of Addison is desirous of having the City of Farmers Branch provide sanitary
sewer service through its trunk lines to be constructed as hereinafter provided, and the City of Farmers Branch is willing to provide such service. NOW, THEREFORE, it is hereby agreed
as follows: 1. The City of Farmers Branch agrees to provide sanita.!'Y sewer service to a portion of the City of Add:i_son upon the following terms and conditions: (a) The City of Farmers
Branch agrees to construct at its sale cost and expense sanitary sewer trunk lines along Rawhide CJ;'eek to its intersection with Marsh Lane and generally along Farmers Branch Creek
from its intersection with Marsh Lane east to Dooley Road with an extension north to a point in Spring Valley ltola'.d. The extensions provided for J.n this paragraph shall be installed
and made 􀁡􀁶􀁡􀁩􀁬􀁾􀁢􀁬􀁥 to the City of Addison within 90 days after written notice f:rom the City of Addison to the City of Farmers Branch that such extensions are desired by Addison.
(b) Addison shall have the right to connect to the said sanitary sewer trunk lines at such times and at such locations as it shall deem proper and necessary. Addison shall construct
an.d equip metering stations at su,c;h connection points at its sole cost and expense. Such connection points shall be constrl!cted with a Parshall flume meter ::station and equipped
with rate of flow recording devices of 􀁾􀁤􀀻􀁡􀁮􀁤􀁡􀁲􀁤 type for measuring properly all sewage to be discharged under this agreement. Such equipment shall be installed in a
" . 􀁾􀀻 \ J.. 􀁾􀀧 􀀮􀀮􀀭􀀧􀀭􀀮􀁾􀀭 􀁷􀁥􀀺􀁡􀁴􀁬􀀺􀁳􀁥􀁬􀀧􀀾􀁰􀀺􀁲􀀺􀁻􀁽􀁜􀁾􀁦 􀁴􀀻􀁾􀁾􀀱􀀨􀁊􀁬􀁯􀁳􀁾􀀮􀀺􀁲􀀬􀁲􀁥􀀮 In the event 􀁴􀁨􀁾􀁴 thfJ 􀁭􀁾􀁴􀀰􀁊􀀺􀁩􀁮􀁧 stmt im: :lnd equiptlcS1nt
sk!.8!.ll ever need to be replaced, th,) City of Addison 8,1&,,11 􀁊􀀺􀀧􀀨􀁾􀁾􀁾􀁨􀀢􀁣􀁥 the 5ame at its sole 􀁃􀁏􀁾􀀳􀁴 􀀻􀀱􀀬􀁮􀁾􀀱􀁬 􀁥􀁾􀁰􀁥􀁮􀁳􀁥􀀮 All 􀁲􀀺􀁬􀁥􀁴􀁥􀁬􀁾􀁩􀁮􀁧 􀁥􀁾􀀳􀀮􀁵􀁩􀁬􀀺􀀻�
�􀁥􀁮􀁴 \'llill !os 􀁽􀁕􀁾􀁩􀁬􀀱􀁴􀁾􀀭􀁴􀁩􀁤􀁻􀁽􀀮􀁥􀁤􀁜 b',l 􀁴􀁬􀀺􀁾􀀮􀁥 City of F&rmers Branch 0 The frequ."'n}.cy of SUC.h 􀁭􀁡􀁸"􀁮"􀁾􀁃􀁾􀀱􀀸􀁮􀁣􀁥 sb.all be determ:;d,1(".:lG
by the City of Farmers Br8).1llch. 􀀢􀀧􀁲􀁫􀀳􀀮􀀻􀀺􀁾 􀁃􀁾􀀩􀁦􀁊􀁴 of such 􀁭􀀲􀁩􀀬􀁩􀁮􀁴􀀸􀁮􀁾􀁶􀀺􀁈􀀺􀁾􀀨􀀲􀁊 sh:cl.ll be cha;;.rged to the City of AVlQison. In the event thut the
City of Addison desires to 􀁣􀁾􀁬􀁬 for inspactioD of the metering equipment by its 􀁲􀁥􀁰􀁲􀁥􀁳􀁾􀁮􀁴􀁡􀁴􀁩􀁩􀁦􀁥􀁳 or by an imp3rtial party, it shall have the right ta do 80 upon notice
to the City of Farmers Branch. All illQintJDSnCe charges shall be <,'lue and 􀁬􀁬􀀧􀁝􀁬􀁾􀁹􀁡􀀧􀁢􀁬􀁥 by the City of AdcUs,onuj[K"n the present2!.t:i.on by the City of 􀁆􀁾􀁘􀀧􀁭􀁥􀀱􀁮􀁳
Blr'anch of 􀁾􀁮􀀺􀁬􀁃􀀺􀁨 ch8.J::"ges. The City of Addison may, nt its option aod its 􀁏􀁾􀁮 expense, in.stall $I,.:nd 0LO,ar;J1te a 􀁣􀁬􀀭􀀧􀁬􀁥􀁣􀁬􀁾 􀁾􀁔􀁉􀁥􀁴􀁥􀁲 to ch.ecnt 􀁥􀁑􀀬􀁃􀀻􀁾􀁬
j:Jetex-being read and 􀁬􀀧􀀻􀁪􀀶􀀩􀀬􀁩􀁮􀁴􀁾􀁤􀁮􀁥􀁤 􀁢􀁹􀁆􀁡􀀡􀁩􀀮􀂷􀁲􀁩􀁩􀁥􀀺􀁲􀀮􀁾􀀵 B1I:'2'.nch.. lHl sw::h Ch8Ck metel.."s shall h'3 of stand0J.l'd 􀁭􀁾􀁤􀀼􀀻􀀰 and shall be subject
8,;.; 􀁾􀁜􀁬􀁊􀁬􀀮 􀁲􀁥􀁾􀀮􀁳􀁯􀁮􀁡􀁢􀁬􀀨􀀩 t 􀁩􀁾􀀺􀁮􀁥􀁳 to ins1licct ion 􀁾􀀧􀀬􀀬􀀱􀀱􀁤 􀁥􀁩􀁴􀀶􀀺􀀳􀀮􀀮􀀡􀁮􀁪􀁮􀀱􀀱􀁾􀁴􀁩􀀮􀀨􀀩􀁮 􀁴􀁪􀁾􀀬􀀺 􀁾􀁾􀁮􀁜􀀺􀁾􀁲 􀁥􀁮􀁾􀁰􀁬􀁯􀁹􀁥􀁥 or
agent of Farmers Brancb. (0) The rr,1tes f01(' sucb s13'lfI:m.ge 􀁳􀁥􀁔􀀮􀀧􀁜􀀬􀁤􀁣􀁾􀁾 to b:;;) cK!\V1rged by the C:it:y 0;[ 􀁆􀁾􀁲􀁭􀁥􀁝􀁣􀁳 BraiD.en to the City oie 116r:Ls(iJ,:ii,
81'1&\11 􀁬􀁣􀁈􀀻􀁾 cat 􀁴􀁨􀁾􀀱 Jr81.1·:e IJCr 1-, 000 􀁧􀁅􀁾􀀮􀁬􀁬􀁯􀁮􀁳 of 􀁳􀁥􀁾􀁝􀁾􀀡􀁧􀁥 􀁾􀀻􀀬􀁓 􀁃􀁬􀀱􀀲􀁾􀀬􀁊􀀺􀁧􀁦􀀺􀀩􀁤􀁾 􀁢􀀺􀁹􀁾 the Trtnity 􀁒􀀺􀁽􀀮􀁾􀂧􀁥􀁲 􀁾􀁴􀀱􀀴􀁴􀁢􀀮􀁯􀁊􀀮􀁾􀀺􀁌ty
to 􀁴􀁉􀀬􀁁􀁾 City of 􀁆􀀺􀀮􀁙􀁊􀀮􀁲􀁲􀀮􀁮􀁃􀀱􀁬􀀮􀁾􀀸 􀁂􀀺􀀺􀀧􀀺􀂷􀁾􀀮􀁊􀀧􀁬􀁇􀁨 :tn EiCco:rrd2:nC() 'Iziith th.e 􀁰􀁲􀁯􀀢􀁷􀁩􀁾􀀳􀁩􀁯􀀻􀀩􀁳 oie th.e 􀂮􀁾􀁾􀁩􀁳􀁴irqs 􀁃􀀨􀂷􀀢􀀺􀀱􀀢􀀩􀁬􀁴􀀳􀁲􀀧􀀸􀁾�
�􀁴 'betl)}::?0,11 tl1.e CJLt:1l (';:( 􀁊􀁦􀁾􀁽􀁲􀀭􀁁􀀱􀁩􀀺􀂷􀀹􀀱􀁲􀁬􀁬􀁦􀁾 􀁂􀀺􀁲􀁾􀀬􀁮􀁣􀁨􀀮 􀁾􀀮􀁮􀁤 􀁴􀁁􀀧􀀿􀀺􀀬􀁾 􀁔􀁲􀀵􀀮􀀮􀁮􀁾􀁌􀁴􀁾􀀱 RiL\i7or 􀁬􀁾􀀺􀀩􀁊􀁽􀀧􀁾􀀻􀁨􀀬􀁯􀀺􀁲􀁲􀁩ty
da.te1t! Apr::Ll 18, 1957, 􀁾􀁮􀁤 􀀸􀀬􀁦􀁾 ID.:J,y b-e 􀁳􀁾􀁾􀁢􀁾􀁳􀁥􀁱􀁾􀁾􀀧􀁴􀀰􀁾􀀻􀁴􀁬􀁹􀁲 􀁴􀁾􀀮􀁾􀁾􀀺􀁊􀀸􀁒􀁬􀁤􀀮􀁥􀁤 or modified, plus nn additionnl $00077 􀀨􀀷􀁾􀀷 Dills) L.·er
1,000 gallons 01: i'i)!f;lVlv.g;e for S8Jfv:i.ce cJ'rlc1il,rges through the 􀁃􀁦􀁾ty of 􀁆􀁾􀁾􀁲􀁲􀁮􀁥􀁲􀀲􀀢 􀁂􀁾􀀺􀀧􀂷􀀺􀁲􀁾􀁾􀁮􀁣􀁊􀀮􀀱 'I lit 􀁳􀁾..lcb. times 8,5 the 􀁸􀀻􀁛􀁾􀀬􀁴􀁥􀁾􀁾
􀁃􀁫􀁲􀀮􀁄􀀮􀁲􀁴􀁾􀀻􀁥􀁤 􀁫􀀩􀁾􀁲 t11!8' Trinity 􀁫􀀻􀀧􀀺􀁾􀀬􀀮􀁶􀁣􀁾􀁊􀁲 􀁩􀁈􀁝􀁴􀁬􀁬􀁏􀁬􀁾􀁾􀁪􀀺􀁴􀁹 st,all be 􀁣􀁨􀁾􀁾􀁴􀁮􀁧􀁥􀀨􀁬􀀬 􀁴􀁴􀁾􀁾􀀿􀀺 Cit:'l of 􀁆􀁾􀀺􀀻􀁬􀁣􀁭􀁥􀁲􀁳 Branch
will notify the City of Addison in writing of such 􀁣􀁨􀁡􀁮􀀬􀁧􀁬􀁾􀁓􀀮􀀮 rfh,,g 􀁳􀁴􀀲􀁴􀁥􀁲􀁾􀀱􀀰􀁩􀀬􀁬􀁴 as to th,e 􀁡􀁭􀀼􀁏􀁴􀁾􀀡􀁬􀁴 to be 􀁣􀁌􀁟􀁆􀀺􀀬􀁲􀁧􀀻􀁾􀀿􀀱􀁩 to Addison
)?cr s:J..1ch SO"!(ir 􀁾􀀻􀁥􀁮􀁹􀁩􀁣􀁥 􀁳􀁨􀁾􀁬􀁬 be Jrentls;Z"r:3d by P;O\.l'mers 􀁾􀀲􀁮􀀮
.''''-..... {i " ... --􀀭,-.􀁾' " Bran.ch to 􀁦􀁾􀀨􀁬􀁣􀀮􀁬􀀻􀁩􀁾􀀻􀁻􀀩􀁮 on or bt3f'OJ:1e t11,0 Situ 􀁤􀀬􀁾􀁪􀁲 of 􀁾􀁾􀁾􀀬􀁳􀀬􀂷􀀺􀀩􀁨􀀮 􀁾􀁾􀁾􀁬􀁦􀀮􀁴􀁩􀀺􀁌􀁴􀁨􀁜 􀁾􀀨􀀬􀁴􀁁􀁤 􀁰􀁏􀁊􀀯􀁹􀀻􀁮􀁾􀁥􀁮
􀁴 cj::.l: 􀁓􀁴􀁾􀀮􀀧􀁣􀁨􀀮 􀁾􀀱􀀱􀀳􀁾􀀱􀀨􀀩􀀧􀁾􀁩􀁊􀀡􀁊􀁩􀁴􀁾􀀬􀀻􀁨􀁡􀁬􀀱 bc) 􀁪􀁽􀁾􀀮􀀻􀀿􀁊􀀮􀁤􀀬􀁥 by 'f\;iY.!;.1 15>t11 􀁾􀀮􀀺􀁾􀁾􀁳􀁾􀁹 o,i' 􀁾􀀱􀁾􀁾􀁴􀁾􀁫􀁴 􀁾􀁮􀁯􀁮􀁴􀁨􀀮 !K:l th.e 􀀧􀁓􀁜􀀱􀀸􀀺􀁃􀁾􀁴 􀂧􀁩􀀮􀀭􀁾􀁃􀀮􀁾􀁴􀁬 􀁉􀁾􀁾􀀻􀁾􀀬􀁊􀁬􀁨􀀬􀁽􀁅􀁾􀁮􀁴
is not 􀀱􀀧􀀢􀁄􀁾􀀮􀀨􀁴􀁾 􀀢􀁦􀁊􀀺􀁾􀀬􀀢􀀻􀁾􀁢􀁪.. i.1 60 dZ:1yt3 from tha ·::1@Dte 81iJC!"l 􀁰􀁡􀁾􀁮􀁊􀀺􀀳􀁥􀁮􀁴 b:9coznes cIlia, 􀁆􀁴􀁾􀁒􀁾􀁴􀁻􀀮􀁝􀁲􀁾􀁬􀁾􀁓 􀁟􀀳􀀺􀂷􀁾􀁾􀁮􀀮􀁲􀀮􀁴􀁃􀁸􀁬
􀁲􀁇􀁝􀁥􀀺􀀬􀀬􀁾􀁉􀀬 at its optioj). 􀀨􀁉􀀺􀁩􀁛􀁾􀁥􀀨􀀧􀁮􀁴􀁪􀀮􀁮􀀱􀀱􀀨􀀹 such 􀁳􀀧􀀮􀁦􀁾􀁲􀀢􀀧􀀦􀀢􀀺􀁩􀀮􀁣􀀬􀀰 to 􀁬􀁾􀁤􀁤􀁩􀁳􀁯􀀻􀁾􀀧􀀱 􀁾􀀮􀁾􀁾􀂷􀁪􀁬􀁬􀁾􀀱􀀱 th.e 􀀨􀀻􀁾􀀮􀁭􀁯􀂷􀁬􀀱􀁮􀁴
due 􀁆􀁾􀁲􀁮􀁽􀁲􀀺􀀡􀀮􀁾􀀺􀁾􀀺􀀻􀁾􀁓 􀀺􀁴􀁾􀁊􀀺􀀧􀀹􀁊􀁮􀀬􀀨􀀻􀁾􀁨 􀁩􀁾􀁾 I;P8.:i.c! in full. «1) 􀀱􀁾􀁨􀁾􀁾􀁾 City' o:Z 􀁆􀀨􀁊􀀮􀁊􀁣􀁔􀁮􀁾􀀳􀀺􀁲􀁳 B1r¥tnch 􀁶􀁾􀀺􀁦􀁌􀁬􀁬 􀁮􀁾􀀺􀀢􀀬􀀧􀁩􀀮􀁬􀁳􀀾􀀺􀀩
GT1ilCti tests of 􀁡􀀬􀁣􀁣􀁵􀁲􀁾􀁾.􀀮􀀺􀀮􀁾􀀺􀁹􀂷 of tn.·s nlt3to.ring 􀁥􀀨􀁲􀁬􀀧􀁩􀁴􀀺􀀺􀁬􀀮􀁰􀀱􀀱􀁾􀁥􀁮􀁴 as :tt 􀁤􀀻􀁾􀁴􀁾􀀲􀀩􀁊􀀬􀀻􀀺􀀩􀀺􀁊 D..􀀬􀀽􀀱􀀨􀁾􀀨􀀩􀁓􀁲􀁾􀁾􀁲􀁹􀀮 811.0\'110
􀁓􀁌􀁩􀁬􀀮􀁪􀁾􀁾􀀱􀀧􀀱􀁜 􀁾􀀺􀀻􀀩 􀁴􀀰􀁾􀀸􀁴 􀁌􀁬􀁩􀁾􀁾 􀁸􀁜􀁥􀁱􀁾􀁥􀀸􀁴􀁥􀁤 byl tb.e Cit:V of 􀁬􀁳􀁾􀁬􀁤􀁾􀀱􀁳􀀰􀁘􀁩􀁬􀀱􀁊 􀁴􀁨􀀧􀀬􀁾 City 􀁏􀀩􀁾 􀀱􀀿􀁲􀀬􀁾􀀱􀁾􀁭􀁥􀀻􀀢􀁴􀀮􀁾􀁳 Bra,nch.
􀁭􀁚􀁬􀁊􀁾􀀡 􀁦􀀩􀁾􀀩􀁲􀁲􀁾􀀱􀀺􀁩t GUlch test to 􀀻􀀧􀀺􀀻􀀧􀀬􀁾􀀺􀁾 􀁥􀁯􀁲􀁬􀁤􀁾􀁬􀁐􀀬􀁣􀁴􀁥􀀨􀁬 at the 􀁳􀁯􀁾􀁾􀀮􀁥 􀁥􀁾􀁰􀁡􀁮􀁳􀁥 of the City of 􀁁􀁤􀁤􀁩􀁳􀁯􀁮􀁾 􀁾􀁎c:dG 􀁲􀀺􀀾􀁲􀁾
if (':) t b.f:t21 three 􀁴􀀺􀁾􀁬􀁦􀁙􀀺􀁴􀁩􀀳 in. C;@,Cll 􀀳􀁲􀀰􀁾􀁲􀀮 (.)f 􀁯􀁰􀁥􀁾􀁾􀁾􀀬􀁴􀁩􀁯􀁮􀁾 􀁴􀁨􀁾􀀨􀀩 CitjT c}f 􀁉􀀿􀁲􀁾􀀢􀀱􀁩􀁩􀁾􀁂􀁾􀁇􀁊􀀺􀁓 Branch 􀁳􀁨􀁾􀁾􀁬􀁬 calibrate
the meters if requested b! the City of Addison t.o do so, in the presence of 􀁲􀁥􀁰􀁲􀁥􀁳􀁥􀁮􀁴􀁾􀁴􀀺􀁾􀁶􀁥􀁳 of both cities, 􀀲􀀺􀀺􀂷􀀮􀁾􀁤􀀮 tl18 􀁰􀀲􀀭􀀺􀁾􀁲􀁴􀁩􀁾􀁾􀀺􀁳 􀁳􀀮􀁬􀀱􀁾􀁊􀀮􀁬􀁬
j¢"..»intly c!Js·er'li"0 􀀨􀀺􀀺􀁾􀀡􀀱􀀮􀀺􀀯 􀁾􀁾􀁾􀀨􀁤􀁪􀁴􀁾􀁳􀁴􀁾􀁮􀁥􀁮􀁴􀁳 which nrc mnde to the rneteis in cmss any mdjustm0nt is found t 0 be n.CJ 􀁏􀀧􀁾􀁟􀀻􀁾 􀁾􀀩􀁑􀀧􀀬􀁾􀁜 Jr
':l 0 (a) 'fJ1G: 􀁇􀁩􀁾􀁣􀀳􀁔 o,f 􀁮􀀧􀀺􀀩􀀬􀀺􀁋􀀧􀁭􀁯􀁊􀁮􀁾 Briil,DCb will rC01d ths sanitn:if} se\ver 􀁭􀂷􀁾􀁾􀁴􀀨􀀿􀀺􀁁􀀧􀀩􀀻􀀳 􀁳􀁾􀁴 tlTID.ntll1JT 􀁪􀁄􀁮􀁴􀁥􀁲􀁾􀁮􀀻􀁾􀁜􀁬􀁳􀀬 [?jond
both, 􀁉􀀩􀀲􀁾􀁲􀁴􀁾􀁾􀁊􀀻􀁊􀁦􀁅􀁾 r.iill h.@.'i10 full 􀁡􀁣􀁣􀁥􀁾􀁊􀁓 to read th3 meters dmily if they so (iesirco In thi.s 􀁣􀁯􀁮􀁩􀁮􀁣􀁾􀁣􀁴􀁩􀀰􀁮􀀬 Jl t '!Jill tva the 0.1uty of
􀁥􀀺􀁦􀁴􀀮􀁾􀁤􀀱􀀮􀀰􀀺􀀺􀁴􀀧 ;;m:rty :i.n the event of daily 􀁲􀀸􀁾􀁤􀁪􀀮􀁮􀁧􀁳 to notify the other 􀀹􀀸􀁾􀁴􀀺 in 􀁃􀁾􀁓􀁂 such meter 􀁪􀁾􀁳 r·t-OlC 􀁦􀁬􀁾􀀬􀁮􀀮􀀨􀀭􀀺􀁴􀀺􀁴􀁯􀁮􀁩􀁮􀁧
S() t11Q.1; it cnn be 􀀱􀀺􀀩􀁊􀀨􀀺􀁬􀁾􀀬􀀩􀁩􀀲􀁊􀁬􀁉􀁊􀀼􀁾􀁬􀁊􀀷 􀁲􀁾􀀩􀁰􀀲􀁩􀁲􀁥􀁤􀀢 Id the 8Y0nt such meter is discovered not functi(lning, then th.e 􀁡􀁊􀀮􀁮􀁯􀁵􀀺􀁲􀁮􀁾􀀮􀀧􀀬􀀻 of
SEf':,':lZZ,g;O 􀁴􀁨􀁲􀀿􀀧􀁾􀀺􀁴 􀀱􀀱􀀺􀁚􀁾􀁓 pm,ss8d th.rougla. S,n,1C.;':\ 􀁽􀁪􀁔􀀮􀀻􀁃􀀧􀀩􀁴􀁾􀀹􀀺􀁲􀁃􀀧 tJill !)e 􀁥􀁳􀁴􀁩􀀮􀁭􀀲􀀺􀁾􀂷􀀺􀁾􀀭􀀻􀀨􀀻􀀻􀀶􀁩 􀀨􀀱􀁊􀁾􀀱 t17.G 􀁱􀁬􀁁􀀱􀀱􀀳􀀬􀁮􀁾􀁴􀁩􀁴�
� tb,:D.t 􀁰􀀸􀀮􀁳􀁓􀁥􀀨􀀻􀁾 􀁴􀁨􀀷􀁛􀁾􀁯􀁾􀁊􀁧􀁢􀀬 􀁦􀀮􀀺􀁾􀀺􀀺􀁾􀁾􀀮􀀺􀁔􀁾􀀨􀀱 rnete1.... the day 􀁢􀀸􀁦􀁯􀁲􀁣􀁾 􀁾􀁮􀁤 for each day thnt said meter hns not bean funct 􀁩􀁏􀁩􀀺􀀱􀀮􀁩􀁬􀁾􀀮􀁾􀀺g
􀁉􀁾􀁏􀁲􀁊􀁲􀁥􀀨􀀻􀁴 􀁬􀁾􀀧􀁻􀀬 tk19 19"st correct 1:; 􀁭􀁥􀀮􀀬􀁛􀀱􀁳􀁾􀀱􀀱􀀺􀁃􀀻􀀮􀁲􀁾 􀁤􀀮􀁡􀀬􀁪􀁾1 y seVJage 􀁣􀁴􀀨􀀩􀁲􀁾􀁑􀁳􀁩􀁴 \:jill bB lJ!SftQ G::J.8 􀁴􀁨􀁾􀁾 􀁢􀁾􀁳􀁩􀁾􀁾 for
cC':-;Jt't1lt irng tb.e amount of 􀁳􀁥􀁾􀀱􀀲􀁧􀁡 deposited into the sanitary 􀁳􀁥􀁂􀀸􀁾 􀁴􀁲􀁬􀁾􀁮􀁫 lines of th,ff:} 􀁃􀁩􀀢􀀻􀀧􀁾􀁙 of 􀁾􀀿􀁾􀀮􀁮􀁴􀀱􀀰􀁬􀁾􀁓 Br8,.D.'Crio All readings
of 􀁾􀁥􀁴􀁥􀁲􀁳 will be ent01r.·;8d. 􀁬􀁾􀁰􀁴􀀩􀁮 PlQop'zr 􀁢􀁯􀁯􀁬􀁾􀁦􀁊 o:f 􀁲􀀨􀁥􀁾􀁣􀁯􀁲􀁤 in 􀁴􀁢􀀢􀁳􀁾 􀁃􀀺􀀨􀀢􀁾􀀧􀀺􀀷􀁻 􀁉􀁉􀀮􀁳􀁾􀁾􀀱􀀱 of th.0 City of 􀁆􀁴􀁾􀁾􀁲􀀲􀁮􀁅􀁾􀁁􀀮􀀢􀀩􀁾􀀱
􀁪􀀳􀀱􀀮􀀨􀀧􀁾􀀬􀁮􀁣􀁨􀀮􀁾 ij}pon 􀁾􀁊􀁬􀀧􀀻􀁊􀁩􀁴􀁴􀁥􀁮 􀁲􀁥􀀨􀁔􀁬􀁜􀁾􀀮􀁣􀁳􀁴 tLHd C::.. tj7 of . .i\ddison 􀁬􀁬􀁾􀁾􀁾􀁾􀂷􀀧􀀮􀀻􀁩􀁴􀁾 􀀺􀁨􀁾􀁾􀀿􀁱􀀬􀁾 8.. 􀁃􀁃􀁃􀀳􀁦􀀮􀁾􀁓 tt,.')
􀁾􀀱􀁄􀁾􀁩􀀨􀁾 􀁲􀁥􀁣􀁯􀁬􀀮􀁾􀁾􀀰􀀱 􀁢􀁏􀁾􀀬􀀩􀀲􀀧􀁾􀁓 j;,;;'A 􀀮􀀧􀀧􀁾􀀺􀀡􀀺􀀮􀁾􀀬􀀨􀀻􀀺􀀻 C:;ity I-raIl GtJ11--i:O,g' 􀁊􀀮􀁣􀂷􀁥􀁾􀀮􀁳􀀻􀁯􀀺􀁮􀁺􀁤􀁑􀀱􀀰 􀁲􀀺􀀺􀁮􀀩􀀱􀂧􀀱􀀮􀁲􀀺􀀱􀁩􀀳􀁾􀀳􀀸
􀀱􀀱􀀮􀀰􀁾􀁜􀀱􀀡􀀮􀁲􀁅􀀧􀀻􀀬 .. Q 􀀮􀀬􀀮􀁾􀁾􀀭
􀁾 t 􀁾􀀬 􀀮􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀀲􀁾 11he Ci.ty of Addison will not permit 􀁾􀁴􀁮􀁹 pgrson to mal;:e 􀁾􀁩􀀬􀁮􀁹 􀁣􀁯􀁮􀀮􀁮􀁥􀁾􀁣 t io:n. ox'· to do 8.D.y p llu:n bix1f; 􀁾􀀧􀀿􀀧􀁄􀀺􀁲􀀢􀁬􀀺􀀺􀀻􀀬
or:. 􀁾􀁩􀀩􀀮􀀬􀁮􀀻􀁬 S0iNeln line 0:< tb.e City 􀀨􀁾􀁦 􀁊􀁾􀀬􀁤􀀨􀁬􀁩􀁳􀁯􀁮 118(.3,1 to d·sposit 􀁓􀁴􀁾􀁾􀀻􀁯􀁴􀀧􀀻􀀻􀁾􀀭􀁦􀀺􀁾􀀧􀁾􀀺􀀺 in.to tl1.e City of 􀁆􀁾􀁲􀁭􀁥􀁲􀁳 Branch tru!lk
lines, unless such parson be a licensed plumber 􀁾􀁬􀁮􀁤􀁥􀁲 the laWs of this 􀁓􀁴􀀸􀁴􀁥􀁾 􀀳􀁾 :(;',0 􀁦􀀺􀁨􀀻􀀡􀀧􀀺􀀻􀀻􀀺􀀻􀁾􀁾􀁴􀁧􀀻􀀲 􀀡􀀺􀀻􀀡􀁲􀁾􀀳􀀮􀀱􀀱 t.>G d.f2!posited 􀁢􀁾􀁹
tb.e 􀁃􀀺􀁾􀁴􀁹􀀭 0.:[ i\.dd.ison into the-Citjr o,f 􀀱􀁴􀀿􀁾􀁬􀀮􀁬􀀭􀀢􀁬􀁮􀁬􀁥􀁾􀁳 􀁂􀂷􀀺􀁴􀁾􀁄􀀮􀀺...ch 􀁴􀀺􀁖􀀮􀀢􀁵􀁮􀁬􀁾 􀀱􀁝􀁾􀀱􀀱􀁇􀁓 0::r.C·gr:"t; 􀁴􀁢􀀬􀁾􀁾􀁾􀁴 ccmj.J2g from
Vl i tl'l:Ln t JQ.9 Klif.t 􀁴􀁕􀁊􀀺􀂷􀁛􀀺􀀧􀁾􀁬 􀁤􀀮􀀺􀁬􀁾􀀸􀀮 in2J..ge 2.. re2.S of 􀁦􀁬􀁾􀀳􀀮􀁾􀁆􀀡􀁢􀀬􀀺􀁴􀁤􀀮􀀨􀀻 􀀨􀁾􀁲􀁥􀁥􀁩􀀱􀀮􀁾􀀻 :::1.uct Farmers Branch Creek located withiti
the corpo?ate 1.ilUits of the City of 􀁁􀁤􀁤􀁩􀁳􀁯􀁮􀁾 The na"tural drainage area i.s tha.tha.t area '\vhie11 􀂷􀀬􀁾􀁶􀁩􀁬􀀱􀀮 􀀨􀁬􀁉􀁾􀁾􀀩􀀬 :Ln, 􀁳􀁥􀀧􀁷􀁺􀀺􀁾􀀬􀁧􀀨􀀬 int 0 􀁆􀁡􀁊􀀺􀁊􀁬􀀱􀁅􀀮􀀧􀀻�
�􀁅􀁾 􀁂􀀺􀁾􀁾􀁾􀁾􀀺􀁬􀀱􀁃􀁨 􀁃􀁾􀁛􀀧􀁃􀀨􀀩􀁴􀁾􀀬 Fl.l1f.l R.:.2:..'wlClicle Creek by a gra7ity flow and not by use of J.j.ft 􀁳􀁾􀀺􀁡􀁴􀁪􀀮􀁯􀁮􀁳􀁾 4. 'Tb.(:) 􀁃􀁩􀁴􀁾􀀯􀂷 of t\(;1d.ison
􀁢􀀨􀁾􀁊􀁾􀁥􀀬􀀩􀀺􀁹 agrees t() 􀁾􀁜􀀮􀀱􀀻􀁲􀀭􀀺􀁲􀀧􀁾􀁊􀀷􀀿􀀱􀁾􀁩􀁾􀀲􀀬􀁴􀁥 􀁾􀁴􀁮􀁮􀁴􀁬􀁡􀁬􀁬􀁹 􀁾􀀺􀀮􀁩􀀺􀀧􀀢􀀩 nnJ.C?l OJi: tl:1e 􀁲􀀬􀀺􀁥􀀧􀁬􀁥􀁮􀁴􀁬􀁾􀁾􀁓 of th.e Cit}7 􀀬􀁥􀁉􀁾􀁊􀀻􀀭􀁺􀀮􀁲􀀺􀀼
􀁾􀀬􀁴􀁩􀁮􀀮􀁧 􀀺􀁦􀁾􀁃􀀧􀁯􀁬􀁮 VJllate\reJr 􀂣􀁾􀀰􀁬􀀱􀀬􀁲􀁣􀁥 􀀺􀁦􀁯􀁾􀁾 the 􀁰􀁾􀁊􀀮􀁲􀁰􀁯􀁳􀁥 of 􀁰􀀺􀀮􀁾􀁾􀁹􀂷􀁴􀁬􀁬􀁾􀁳 tk;,0 nH.)D,tc..1:,' 􀁣􀁨􀁴􀁾􀁲􀁧􀁥􀁳 for the se'war service
to be pai.d to the City of I:armers Branch t-lnder tJ.18 cez"::ns o:E tlli.S 􀀭􀁥􀀬􀁯􀁮􀁴􀁲􀁾􀀬􀁾􀁣􀁴 e Th.e 􀁓􀁬􀁥􀁜􀁾􀁣􀁊􀁥􀁲 􀁣􀁊􀀺􀁊􀁽􀁾􀁾􀁉􀀺􀁾􀁧􀁥 t() h·e paid by th9 Ci,ty of
Addison to the City of Farmers Branch shall be deemed to be a current expense of said City for each 􀁾 tl-. . OJ: 􀁾􀁉􀁬􀀡􀀮􀁥 􀁙􀀨􀁾􀁩􀁬􀁊􀀭􀀺􀀺􀁾􀁓 27.1 due and pa:7ahJ.e. 􀁱􀁾􀁬􀁬􀁥􀁳􀁴􀁩􀁑􀁮
and. as such mOJDth,ly 􀁣􀁴􀀺􀀮􀀻􀀧􀁩􀀺􀁲􀂷􀁮􀀺􀀺􀁾􀀺􀁾 s t:?'-8COffil1 5" I t is 􀁊􀁾􀁾􀀱􀀮􀁾􀁲􀁴􀀱􀀮􀁊􀁬􀁾􀁲 􀁈􀁮􀀮􀁾􀀬􀁴􀁶􀁬􀁾􀁊􀀮􀀬􀁬􀁬􀁹 1.1D.rlersto·od. 􀀲􀁬􀀼􀁾􀁬􀁃􀀱 􀁾􀁾􀁾􀁲􀁾􀀺􀁾􀀨􀁾􀀺􀁾􀁾�
�􀁬 that the City 􀁲􀀭􀀬􀀮􀁾 v .. Addison will inaintain a careful 􀁩􀁮􀁳􀁰􀁥􀁾􀀻􀁴􀁪􀀮􀁯􀁮 (?'ionCi will ezercise diligence and care in the 􀁭􀁡􀁩􀁮􀁴􀁥􀁾􀀸􀁮􀀺􀁾􀁥 01 said sewer line3
within the City of Addison 􀁾􀁮􀁤 in the j.nstallation of 􀁾􀁯􀁮􀁮􀁥􀁣􀁴􀁩􀁯􀁮􀁳 􀁴􀁨􀁾􀁴 may be connected with the sa5.'J 􀁓􀀸􀁷􀁥􀁾 system within the City of Addison, and that the
􀁣􀁯􀁮􀁮􀀸􀁣􀁴􀁩􀁾􀁮􀁳 to be 􀁭􀁾.. 6.(.? \vi ttii:cJ. 􀁴􀁨􀀨􀁾 􀁃􀁩􀁴􀁾􀁹 o:f li,clrl:tson shall tlB , . 􀁲􀁮􀁾􀁬􀀧􀁲􀁊􀀮􀀮􀀼􀀽􀁽 :FaD. a"i; 7:.':" 􀁾􀀱􀀬􀁣􀁴 conformity wi"th the rules
and regulations 1 ordinance:; and charter pro1t:LsitlJ1S clf 􀁴􀁢􀀮􀀨􀁾 C:Lty ·of F3,rmers 􀀩􀀳􀁾􀁾􀁡􀁄􀀮􀁣􀁨 􀁪􀀭􀁾􀁾􀀳􀀡􀁛􀀿􀀻􀁵􀀬􀁬􀁳􀁾..􀁴􀁩􀁾􀁜􀀲􀁾 􀁾􀀮􀁈􀀷􀀩􀀧􀀡􀁈􀁥􀁲 􀁃􀁏􀁦􀁝􀁾
nection.s, 2.n.a t 􀁨􀀨􀁾 􀁲􀁮􀁰􀁾􀁮􀁄􀀮􀁥􀀻􀁃􀀧 of 􀁝􀁮􀁑􀁾􀁊􀀮􀁾􀁩􀁲􀀺􀁴􀁧 􀁳􀁥􀁾􀁾􀁶􀁥􀁲 􀁃􀁑􀁄􀁊􀁾􀀱􀁇􀀧􀁃􀁴j,;:'t}1S :Ln. tl'le -4-
...􀁣􀀧􀁾"'. , ....􀁾 .. l:j . .... • v " .----'-' City 􀁯􀀺􀁾􀀡 􀀡􀀿􀁾􀁾􀀺􀁾􀀮􀀺􀁴􀁬􀁮􀁾􀁦􀀮􀀩􀁬􀁾􀁾􀀺􀁪 􀁲􀁊􀀺􀁲􀁾􀀺􀁶􀀮􀀧􀁫􀀬􀀮􀀧􀀻􀀻􀁬􀁬􀀱 􀁾􀁬􀁊􀁬􀁤 tl1£\t a 􀁦􀁡􀁩􀁬􀁬􀁬􀀺􀀱􀁾􀀰
on th..-:) P::;1.7f1t; of tlliC! City OI:C 􀀻􀁜􀀮􀀺􀁣􀁾􀁣􀀱􀁩􀀵􀁯􀀬􀁲􀁾 tS) 􀁲􀀩􀁬􀁾􀁯􀀱􀁲􀁩􀁤􀁥 􀀲􀀱􀀮􀀺􀁮􀀮􀁣􀁾 􀁥􀁨􀀱􀀮􀀺􀁛􀁯􀁬􀁾􀁣􀁥 SllC11 􀁊􀁦􀀺􀁦􀁾􀁲􀀺􀀺􀁾􀀬􀁝􀁾􀁾􀀺.. 􀀺􀁾􀁴
:LOfl.S gove);;u=-ing 􀁣􀀬􀁯􀁮􀁩􀀱􀀸􀀻􀁾􀀮􀀺􀁴􀁩􀁯􀀺􀁮􀁳 \vi.th th..􀁾 􀁾􀁍􀀲􀀧􀁾􀀺􀀿􀁊􀀶􀁲 Ii.n.es of tb,e· C;itj7 4);E 􀀱􀀱􀀮􀁤􀁾􀀼􀀮􀀱􀁊􀀱􀀮􀁾􀁻􀁏􀁮􀀬 8 "''''1 11 '"i,f';-",,'" 􀀢􀀢􀁮􀁾􀁾􀀧􀀻􀁉􀀺�
�􀀮􀀢􀀢 ;,,, 􀀬􀀢􀀬􀀬􀀬􀀬􀁾 ...... ,.,,,,, "..,.,':' <'-h<'!I 􀀢􀁾􀀻􀀮􀀢􀀬􀀬􀀬􀀬􀀧􀀻􀁦􀀫􀀧􀀧􀀧􀀧􀀧 􀀢􀁣􀀢􀀧􀁾􀀱􀀢􀀬􀀱􀀺􀀧􀀻􀁑􀀢􀀧􀀢 ""-,&A,,;b ..ll.., 􀀨􀀬􀁾􀀢􀀬􀀬􀀧􀁟􀂷􀁬􀀺􀀮􀀮􀀮􀀮􀀮􀁊􀁾
)..... 􀀧􀀭􀀬􀀬􀀼􀀮􀀬􀁾􀁲􀀮􀀺􀁾􀀺􀁲􀀭... ,C....... 01.:.. 􀁾􀀬􀁾􀀬􀀬􀀬􀀮􀁊􀀡􀁾􀁬􀀺􀀾􀀮􀀺􀀮􀁬􀁬􀀮􀀺􀁲􀀬􀁯􀁩􀀮􀀺􀁾 'lo"i1,A. \\,o .. 􀁣􀁾 􀁾􀀮􀀮􀀺􀀬􀀩􀁾􀀺􀀬􀂷􀂷􀀢􀀬􀁾􀀬􀂷...f __ 􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁾􀀧􀁜�
�􀀧􀀧􀀧 􀀢􀀧􀁾􀂷􀂷􀁟􀀧􀀮􀀭􀁦􀀮􀀮􀁴•.Yl!.."'..f--. 􀁾􀀮􀀸 v.E· 􀁶􀁩􀁯􀁬􀁡􀁴􀁩􀁣􀁮􀁾􀀧􀁾 within thirty (30) days 􀁭􀁦􀁴􀁥􀁾 reccip·t of such notices, terminate 􀁆􀁡􀁲􀁛􀁮􀁥􀁁􀁾􀀵 􀁂􀀬􀀻􀁾􀁾􀀢􀀩􀁴􀀿􀀬􀀬
􀁾􀀱􀁃􀁬􀀱􀀮0) th.is contra.ct at the 􀁯􀀹􀁴􀁩􀀮􀁑􀁪􀁾 0:': t:QG City ,..,1' V.J_.. (] 0 􀁾􀀱􀀺􀁾􀁲􀁩􀀧􀀸 Cit Y O}L FV<.}t':mI181C'S 􀁂􀁬􀁛􀁧􀀮􀀩􀁾􀁮􀁣􀁨 S11Ull 􀁧􀀱􀁾􀁾􀁾􀁜􀁩􀁡􀀮􀁴
􀀭􀀺􀀺􀀮􀁾 0 i1C1d 􀁩􀁾􀀳􀀰􀀱􀀱􀀮 t 􀁉􀀧􀀱􀁜􀁾 right to lJSe the public streets, highways 2nd 􀁡􀁬􀀺􀁾􀀭􀁥􀁹􀁳 of the City of 􀁆􀁾􀁲􀁭􀀰􀁲􀁳 Branch to construct, 􀁯􀁰􀁥􀁲􀁾􀁴􀁥 8nd m8intain
sanitary S8wer lines which may be necessary to C()DD8Ct into the 􀁳􀁾􀀮􀁲􀁊􀀮􀁩􀁴􀁆􀁾􀀡􀀺􀀧􀁊􀀧􀀢 􀁳􀁥􀁶􀁺􀀨􀀭􀀻􀁽􀁾 tr-a..l.nJ;: 1iD.0:8 h·sing 􀁣􀁯􀁮􀁳􀁴􀁲􀁴􀁾􀁣􀁴􀀮􀁅􀁾􀀨􀁾􀀮 b3'
􀁉􀀨􀀺􀁾􀁾􀀺􀀺􀀻􀀬􀁲􀁭􀀨􀁾􀁲􀁳 􀁂􀁲􀁾􀀷􀁮􀁣􀁨􀀮 􀁴􀀺􀀡􀁲􀁡􀁣􀁾􀀮􀀺􀁔􀀻􀁾􀁲􀀺􀀧 the terms cnc 􀁴􀁢􀀮􀁩􀁦􀁾 2..greC';rJ6n.t 􀁾 7 It It j .. s 􀀰􀁾􀂷􀁾􀁰􀁲􀁥􀁾􀀱􀁳􀀱􀁾􀁲 􀁦􀀻􀀭􀁾􀁧􀁲􀁥􀁥􀁤
2!J.1td 􀁵􀁮􀁣􀀱􀀰􀁾􀁳􀁴􀁻􀀺􀁲􀀨􀂷􀀩􀀨􀀱 􀁴􀀱􀀺􀁾􀀮􀁴 􀁴􀁾􀀢􀀲􀁥 Cit:V of 􀁆􀁾􀁪􀁣􀁲􀀮􀀱􀀮􀁥􀀺􀁾􀁩􀁾􀀩 B:r:!2.X?,c11 􀁾􀀷􀁬􀁉􀁾􀁾􀁲􀁲􀁾􀀱􀀱 nS17(]X' ·ba 􀁉􀁉􀁪􀁌􀁶􀀮􀀮􀀱􀀩􀀱􀁾 to tl:o
􀁃􀀺􀀻􀀮􀁴􀁾􀁲 of 1'1d{:1j.. 􀁲􀁾􀁪􀁯􀁾􀀳 or to any of its citizens or any customer served by tha Ci.ty of 􀁁􀁤􀁣􀁬􀁩􀁾􀁾􀁯􀁲􀁾􀀬􀀧􀀮 in tho 􀁥􀁖􀀨􀀲􀁾􀁮􀁴 􀁴􀁝􀀮􀁾􀁇 ctty of. J?arsneJrs
􀁂􀀺􀁲􀀲􀀡􀀮􀁾􀁬􀀮􀁣􀁬􀁔 􀀱􀁣􀀬􀀺􀀻􀀺􀁣􀁯􀁭􀀡􀁾􀀿􀁳 clisg.lJled 􀁦􀁲􀁯􀁾􀁮 :ftll'nish.in.g ttlis 􀁳􀁥􀁾􀁩􀀱􀁥􀁲 serv.ric() 􀂷􀁴􀁨􀀬􀀺􀁴􀀱􀀮􀁊􀁪􀁾􀀬􀀢􀁛􀀺􀁦􀁩􀀱 􀀸􀁾􀁣􀁴􀁳 of God 􀁾 acts
:0:2 p'i<J.T:J'llJlc 􀁲􀀺􀁾􀁮􀁉􀁉􀁮􀁮􀁪􀀮􀁩􀁩􀁾􀁳􀀬 􀁬􀁾􀁩􀁯􀁴􀁳 or Ci1r j".1 􀁣􀁣􀁾􀁲􀀮􀀻􀀺􀁴􀁄􀁣􀀮􀁴􀁪􀀮􀁯􀁮􀀮􀁦􀀮􀀻 or tllX'O'tJgh 􀁓􀁾􀁾 􀁢􀂷􀁯􀁴􀁣􀀺􀀮􀁛􀁾􀁥 0)),"" 􀁴􀁨􀁲􀁯􀀧􀁵􀁧􀁢􀁾
􀁡􀁮􀁾􀁬 other m00tnS CJ:S:F()I';;c1 t31.g 􀁣􀀰􀁮􀁴􀁾􀀢􀁯􀁬 of the City of 􀁆􀁮􀁾􀁭􀁑􀁲􀁳 BraDcho 80 􀁾􀀺􀁨􀁥 City of Addison shall adopt and enfcx'ce ordinances establishi.ng standards
for quality and 􀁱􀁵􀁾􀁮􀁴􀁩􀁴􀁹 c'f sawage which may be 􀁤􀁩􀀲􀀺􀁾􀁨􀁡􀁲􀁾􀁥􀁤 into the sewer 􀁳􀁹􀁳􀁴􀁥􀁭􀁾 and 􀁳􀁾􀁣􀁴 􀁣􀁲􀁤􀁩􀀮􀁮􀁾􀁮􀁣􀁥􀁳 shall h8ve th8 snm8 provisions as mpplj,ca.ble
to the City of 􀁆􀁮􀀮􀁲􀁭􀁥􀁲􀁾􀀻 􀁂􀀺􀁲􀀬􀁾􀁾􀁮􀁇􀁌􀁾 ord.:tnn,.nces 21nd the 􀁴􀁥􀁲􀁲􀁾􀀱􀁓 and con,dl:lt :Lon.6 contmiilG{l j.. n. tTle C()]J.tYC2;.ct 􀁢􀁥􀁴􀁾􀁾􀀿􀁾􀀨􀁾􀀨􀁪􀁮 tI1(,;3
City c,jE 􀁆􀀺􀁊􀀬􀀺􀁲􀁩􀁜􀀱􀁾􀀻􀀹􀀻􀀻􀀺􀂷􀂷􀂷􀀮􀀳 Bra.;;r.ch 􀁾􀀬􀁮􀁣􀀱 the Trinity Ri,ver il.;.rthority d",ted Apr:U 18, 􀀱􀀹􀁾􀁽􀀬􀀧􀀱􀀬 i2]'ii'1.d i:tG mv.y 􀁨􀁥􀁘􀀧􀁥􀁩􀁮􀁡􀁊􀁬􀀺􀁴􀁥􀀺􀀻􀀬􀁾
be sill'8nded OJ:' lJ]od:LfCied. 9" E·lth(:;r 􀁰􀁾􀁲􀁴􀁹 he!feto 􀁳􀁾􀁬􀁡􀁬􀀱 􀁨􀁾􀀱􀁬􀀧􀁥 the optiC':'1 􀁾􀁜􀁦􀁴􀁥􀁲 five (5) ye}lrS :i'rO}71 tklG c18,te of GJ!bGCt!1t iCH1 of thiG
􀁃􀁾􀀸􀀻􀁇􀁾􀁴 􀁔􀁚􀁝􀀬􀁃􀁾􀁴 to review the terms and conditions hereof upon 􀁧􀁩􀁶􀁩􀁮􀁾 notice io writing to the other 􀁰􀀸􀀮􀁾􀁴􀁹􀀿 and may do so at each further five 􀁾􀀢􀀧􀁥􀁡􀁲
pel'" 􀁪􀁾􀀨􀁨􀁬􀁬􀁊 -:5--
􀀭􀁾􀁾 -( . 􀁾􀀢.-<. 􀁾􀀧􀁬􀀢􀀢􀀧􀀢 . to 􀀨􀀺􀁾 ""\\. • .,. -:::0; 􀁾 􀀱􀀰􀁾 This contract allal! be effective 􀁦􀁯􀁾 􀁾 period of f"ifty (50) ysars 􀁾􀁮􀁤 shall begin whon the City
c·f 􀀯􀁾􀁤􀁣􀁴􀁩􀁳􀁯􀁮 􀁮􀁯􀁴􀁾􀀮􀁾􀀭􀀭 fies tJJ.:3 􀁾􀀺􀀻􀀵..􀁴􀁾􀀱 􀁾􀀩􀁦 􀁾􀁆􀀦􀁾􀁲􀁭􀀸􀁉􀀨􀀢􀀸 􀁂􀁬􀁾􀁴􀁾􀀱􀁲􀁬􀁣􀁨 􀁴􀁨􀁟􀁾􀀬􀁴 it is 􀁘􀁾􀀧􀀸􀁾􀀻􀀧􀀱􀂷􀁤􀁹 tc; 􀀨􀁾􀁴􀀧􀀺􀀻􀁮􀀺􀁪􀁬􀁲􀀺􀁾􀁥􀀨􀀻�
�􀁴 to tb.e 􀁴􀁲􀁲􀁾􀀮􀁮􀁊􀁸 􀁬􀁩􀀺􀁾􀀺􀁍􀀳􀁂 ,(irf tlJ,c C:a..ty of 􀁽􀀿􀀸􀁾􀀱􀀧􀁦􀁬􀁭􀀨􀀲􀀺􀀺􀀼􀁦􀁃􀁧􀀿􀁾 􀁂􀀺􀁲􀁾􀁴􀁬􀁲􀁾􀀮􀀨􀁾􀁨 􀀲􀁾􀁾􀀺􀁾􀁣􀀱 􀁃􀀰􀁾􀀮􀁾􀂣􀁴􀀺􀁾􀀺􀀧􀀱􀁴􀀮􀁬􀁴􀁣􀁴
􀁩􀁴􀁦􀀻􀀬􀀮􀁾􀀬 􀁲􀁥􀀨􀁬􀁵􀁾􀀢􀁌􀀱􀁾􀀨􀁾􀁤􀀮 􀁩􀀻􀀺􀀱􀁾􀁾􀁾􀁴􀁥􀁾􀁲􀁩􀀻􀀢􀀲􀀮􀀺􀀡􀀮􀀻􀁾 􀁅􀀻􀁴􀀬􀀻􀀺􀀻􀁾􀁴􀁩􀁑􀁄􀀮􀁓 3.R)cl 􀁥􀀱􀁾􀁴􀁬􀀮􀁮􀁾􀁡􀁾􀁰􀀺􀀻􀁾􀁥􀁄􀀮􀁴 8.n,dt !Jf:\Y 􀁢􀁾􀁊
􀁊􀁩􀀮􀂷􀁾􀁾􀁚􀀺􀀺􀀱􀀮􀁾􀀮􀀺􀁾􀀱􀁾􀁶􀁥􀁤 for 171.1r8 ::j.ft3l (f3)O) 􀀺􀀯􀁃􀀺􀀻􀀺􀁾􀁾􀁊􀀺􀀺􀀧 􀁰􀀧􀀹􀁊􀁲􀁩􀁯􀁻􀁾􀁾􀀷􀀻 8.. t tJ28 Of)tj,()rt 􀀨􀁾􀀺 ..c 􀁴􀀻􀁨􀀮􀁅􀁾 C:tty of i.0.dd:tsOt1.
11. 􀁔􀁊􀁉􀁔􀁬􀁩􀁦􀁾 􀁾􀁊􀀬􀀲􀀻􀁾􀀧􀁴􀀬􀁾􀀰􀀨􀁾􀀳􀁲􀁲􀀺􀀮􀀨􀁾􀀩􀁊􀁁􀁴 :ts 􀀨􀀻􀁾􀁆􀀮􀁬􀁬􀁴􀀬􀀱􀁾􀁲􀁾􀁊􀁤􀀬 J1.:nto fOy 􀁴􀁴􀁾􀀸 􀁾􀀺􀁽􀀿􀁾􀀻􀁾􀁲􀁴 j;,.os l1G1reto subject to tIle 􀁰􀁾􀁯􀁶􀁩􀁳􀁩􀁯􀁮􀁳
of the Constit12tion of the state of 􀁔􀀰􀀺􀁬􀁾􀂣􀁜􀁓 j 􀁲􀀭􀀱􀁉􀀩􀁻􀁾􀀱􀀺􀁩􀁣􀁅􀁾􀁟􀀮􀁩􀁽􀁬􀁥 􀁓􀁴􀁅􀁾􀁴􀀸 If9;,'W8 􀁾 􀁲􀀮􀀺􀁾􀁮􀁣􀁬 tb.e Ch8..fi",'\'teJt 􀁬􀀿􀀿􀀺􀁾􀂷􀁄􀀧􀀢􀁾􀁲􀀮􀁩􀁾􀁾􀀺􀀼􀁾
.. lo:Jts 􀁰􀁲􀁾􀀻􀁛􀀧􀀺􀁽􀀨􀀭􀀻􀀻􀁩􀁊􀀮􀁴􀁬􀁾􀁬 in 􀁊􀁦􀀨􀁃􀀧􀁉􀁾􀁃􀁾􀀰 􀁾􀀩􀀲􀀺 􀁾􀁾􀀮􀁮􀁾􀁪􀀷 􀁴􀁾􀀬􀁛􀁛􀁾􀁥􀁪􀁑􀁤􀀮􀀻􀁲􀁮􀁥􀁸􀁩􀁬􀀮􀁴 o:f:e eitb.®::r 􀁦􀁪􀀮􀁃􀁽􀀭􀀿􀀢􀁁􀀺􀀢􀁣􀀮􀁾􀁥􀁾
of 􀁰􀁏􀁾􀁊􀁬􀀧􀀸􀁘􀁾 01'" 􀁡􀀬􀁕􀁬􀁴􀁝􀁬􀁬􀁴􀁲􀀩􀁸􀀺􀀾􀁩􀁴􀁾􀁦 'tJ n, r.;1􀁾􀀺􀁾 J.I: r1h.icb. 􀁯􀁾􀁮􀁨 ;:;',.I"'",'W.:> .. l:espect ;1.􀁾􀁾􀀿􀀨􀀺􀀻 􀁰􀁾􀁲􀁴􀁹 􀁮􀀭􀁾􀁴􀁳 i,n entering
into this 􀁡􀁧􀁾􀁥􀀸􀁭􀁥􀁄􀁴􀁾 􀁾􀁾􀁨􀀮􀀱􀀺􀀺􀀺􀀮􀀻 􀀺􀁩􀁮􀀮􀁾􀂣􀀻􀀬􀂷􀁴􀀺􀁜􀀢􀀮􀁾􀁾􀁅􀀿􀁾􀁾􀁾􀀡􀀿􀁴 is 􀀰􀀻􀀻􀁨􀁩􀁇􀁣􀀧􀁴􀁾􀁴􀁾􀀳􀀰􀀱 in 􀁻􀁬􀁬􀀿􀁾􀁾􀂷􀂷􀁲􀀻􀁤􀁲􀁜􀀻􀁾􀁬􀀡􀁝􀂷􀁩􀁣􀁤􀁴􀀮􀀺􀀺􀁾
9 􀀨􀁾􀁇􀀻􀀮􀁃􀁬􀁬 of 􀁾􀁾􀁨􀁩􀁣􀁨 􀁳􀁨􀁵􀁾􀀮􀁬 be 􀁤􀁾􀁇􀁭􀁇􀁤 an original, and et 􀁝􀀮􀁣􀁾􀁳􀁴 two copies 811&\11 lGO ):"G t 􀁾􀁽􀁾 i.. 􀁬􀁽􀀯􀁾 ::1 f01y t It0 City of 􀁆􀁾􀀬􀁪􀀺􀁲􀁮􀀨􀁾1"'8
􀁂􀁲􀁅􀀮􀀡􀀺􀀻􀀡􀀨􀁾􀁨􀀬 􀁲􀀺􀁬􀁾􀀺􀀱􀀬􀀻􀁊 (.'""'1..,:􀀨􀀺􀁾 ''.:1 lCD3st tVlO 􀁃􀀰􀀱􀀮􀀿􀁴􀁴􀀺􀀮􀁾􀁩􀀮􀀭􀀺􀀮􀁾 􀁾􀀬􀀱􀁄􀁾􀁾􀀧􀀬􀁾􀀱􀀱 }:)e 􀀡􀀺􀀺􀀡􀁊􀁣􀀩􀁴􀁾􀀧􀁊􀀬􀁩􀁮􀁟􀁥􀁾􀁤 b;l
the City ()f 􀁅􀁜􀀶􀁴􀁦􀁽􀀺􀀷􀁾􀁾􀀺􀀺􀁾􀀮􀀰􀀱􀀻􀀻􀀺􀀱􀀮 􀁅􀁩􀁃􀀰􀀺􀁃􀁕􀁔􀀺􀁾􀀺􀁄 on t tds t?f /(li'.Y (;x '----'-'"' --. -/f /! aLIa -_._ ..􀀭􀀷􀀯􀁾􀀭􀁾􀀭􀀭􀀢􀀧 .....-_..-fA Co D. 196<:.,
CKTY Oil Fli.,Ftn1.BJ1S 􀁂􀁒􀁦􀁜􀀺􀁴􀀺􀁾􀀬􀁃􀀬􀀺 􀀮􀁾􀀺􀀮􀀬 􀁾􀁘􀁾􀁽􀀱􀀻􀁪􀁾􀁾􀁌􀀱􀁜􀁓 "'= ATTEs'r: ...... 􀁂􀁙􀁾􀁤􀁚􀁾 J";i i.,...';;.'i 1;.,: ;:...􀁣􀀮􀁾􀁜􀁟􀀮􀀺􀀧􀀺 ,.',,\\ tJ. 􀁾􀀮__
􀁾 >: J ":"'•• 􀁾 􀀮􀀡􀁾 􀀢􀀺􀀢􀀧􀁾'J::;-:; 􀀨􀁾􀀩 f. 􀁃􀁪􀁾 􀁴􀁟􀁾􀁊 􀀻􀀻􀁾􀁾􀁾􀂷􀁥􀁣􀀮􀀺􀀢􀀩􀁣􀁦􀀻􀁾􀁴􀁴􀁜􀁾􀁻􀀧􀀺􀀧􀀧􀁬 CIT-f (YF 􀁬􀁜􀁄􀁄􀁘􀁓􀀮􀁏􀁉􀁾􀁊􀀬􀀺􀀬 􀁲􀀭􀁦􀁂􀀺􀁾􀀺􀁬􀁜􀁾􀁾􀁾􀁜
By h/l I J ( m A< A.({, r:, .􀀭􀀧􀁾 􀁟􀁾􀀡􀀭􀁊􀁾􀀮􀁊􀀺􀁉􀁴􀀮􀁊􀀬􀁌􀀬􀁬􀁌􀁬􀁳􀁬....􀁾􀁾􀁾􀀮􀀢 􀁍􀁾 w. Morris, 􀁕􀁓􀁾􀁾􀁑􀁾 􀁁􀁲􀁦E􀁭S'􀁾I',􀁬-􀁜 . .' .--'., ,-' .. . . ..--/;;17_:: 􀁾
rJl \' () 􀁉􀁊􀁎􀁾 􀁾􀁯 •.•...􀁊􀁦􀁦􀁤􀁾􀁾􀀢􀀧􀁾 , , ..:. Jc.,-"",.ii..i.;: L,·,;.',',."';;"􀁾 _.,-' --:Ci 1;:7 􀁓􀀺􀀳􀀨􀁾􀁚􀀧􀀰􀁴􀀻􀀺􀁽􀀬􀀺􀁲􀁾􀁲 ..... 6-..... f' 􀁾􀀮
.-)1" • 􀀭􀀭􀁾 -" DALLAS COUNTY XX STATE OF TEXAS X AGREEMENT WHEREAS, this agreement is entered into pursuant to Article 4413 (32c) Interlocal Cooperation Act, Vernons Texas Civil Statutes
between the City of Farmers Branch, Texas, and the City of Addison, Texas; and WHEREAS, the City of Addison through its City Council agrees to furnish sanitary sewer and water service
to an area of the City of Farmers Branch; and WHEREAS, the City of Farmers Branch through its City Council agrees to allow the City of Addison to charge fees at the same rates that it
charges its citizens for the furnishing of sanitary sewer and water services to an area of the City of Farmers Branch. NOW, THEREFORE, BE IT AGREED BY THE CITY COUNCILS OF THE CITY OF
FARMERS BRANCH AND THE CITY OF ADDISON, TEXAS: At a regular meeting of the City Council of the City of Farmers Branch, Texas held on the --2-nd day of J u1y , A. D. 1973 , and at a regular
meeting of the City Council of the City of Addison, Texas, held on the day of ___________________, A.D. 1973, a quorum being present in each case, on motions duly made and carried the
following agreement was adopted by each city: The City of Addison, Texas, agrees to furnish sanitary sewer and water services at the same rates that it charges its citizens and or customers
as the case may be to the following described property, to-wit:BEING a survey of a tract of 6.685 acres of land Net in the Josiah Pancoast Survey Abstract No. 1146, Dallas County, Texas;
and being a part of a 60.73 acre tract as described in deed to A.G. McDowell recorded in Vol. 165, Page 265 in the Deed Records of Dallas County, Texas; said 6.685 acre tract being more
particularly described as follows:
􀁾 BEGINNING at the Northeast corner of said 60.73 acre tract, an iron pipe in place; THENCE South 00 15' East, along the East line of said 60.73 acre tract (the remains of an old fence),
1363.9 ft. to an iron pipe at a concrete marker; THENCE North 170 37 ' West, along the Northeast line of the Dallas Power & Light Company tract (said Northeast line being 150 ft. right
angle distance from the centerline of the St. Louis & Southwestern Railroad), 1430.5 ft. to an iron pipe at a concrete marker in the North line of said 60.73 acre tract; THENCE North
890 56' East, along the North line of said 60.73 acre tract (the remains of an old fence line) 427.0 ft. to the point of beginning and containing 6.685 acres of land Net. provided that
all such area property owners properly dedicate all proper utility easements and all such area property owners comply with all City of Addison's regulations and requirements dealing
with sanitary sewer and water service for the development of new subdivisions and or new developments. Maintenance of all such sanitary sewer and water services facilities in said area
shall be the obligation of the City of Addison, Texas. The City of Addison, Texas, further agrees that in the event that the City of Addison, Texas does not provide and enforce such
regulations as are applicable for the protection and preservation of life, health and property, then the applicable codes and specifications of the City of Farmers Branch shall control.in
such area. The City of Farmers Branch, Texas, agrees that it will not approve any platting, replatting, subdividing or other type of new developments within such area without first requiring
such platters, subdividers or developers to dedicate such utility easements as are needed to fully serve this area with sanitary sewer and water services. The City of Farmers Branch,
Texas further agrees that the City of Addison, Texas, shall have all necessary access to said easement as are required to properly provide sanitary sewer and water services in -2-
such area. The City of Farmers Branch, Texas further agrees that it will enforce all the City of Addison, Texas, regulations and requirements dealing with sanitary sewer and water service
for the development of new subdivisions and, or, other new developments; provided that the City of Addison provides such regulations and requirements dealing with sanitary sewer and
water services to the Building Inspector of the ·City of Farmers Branch, Texas as each separate piece of property in such area is developed and or submitted to the City of Farmers Branch,
Texas for its approval as required by law. This agreement duly agreed upon by the City Councils of the respective parties shall continue in full force and effect until another agreement
mutually agreed upon terminates this agreement, by the proper execution of the signatures of the Mayor and City Secretary of each city. APPROVED: APPROVED: of Farmers ATTEST: Mayor,
City of 􀁾'" T!=!xas APPROVED AS TO FORM: 􀀮􀁾􀁾􀁾 City Attorney of Farmers Branch, Texas 􀁁􀁐􀁐􀁒􀁏􀁖􀁾􀀹􀁟􀀭􀁾 TO FORM: ,.,/􀁪/􀁾---<. 􀁾􀁾􀁾􀀯􀁾. ---------City Attorney of Addison,
Texas -3-
􀀮􀀺􀀺􀀺􀀭􀀺􀁾 ;> COUNTY OF DALLAS XX STATE OF TEXAS X AGREEMENT WHEREAS, this agreement is entered into pursuant to Article 4413 (32c) Interlocal Cooperation Act, Vernons Texas Civil
Statutes between the City of Farmers Branch, Texas and the City of Addison, Texas; and WHEREAS, the City of Addison through its City Council agrees to furnish sanitary sewer services
to the City of Farmers Branch, Texas, Fire Station located at 3940 Spring Valley Road, an area of the City of Farmers Branch, Texas; and WHEREAS, the City of Farmers Branch through its
City Council agrees to allow the City of Addison to charge for these services at. the same rates that the city of Addison charges comparable customers. NOW, THEREFORE, BE IT AGREED BY
THE CITY COUNCILS OF THE CITY OF FARMERS BRANCH, TEXAS AND THE CITY OF ADDISON, TEXAS: At a regular meeting of the City Council of the City of Farmers Branch, Texas held on the 􀁾 day
of October , A.D. 1973, and at a regular meeting of the City Council of the City of Addison, Texas, held on the day of , A.D. 1973, a quorum being present in each case, on motions duly
made and carried the following agreement was adopted by each city: The City of Addison, Texas, agrees to furnish sanitary sewer services at the same rates that it charges comparable
customers for such services to the City of Farmers Branch, Texas', Fire Station located at 3940 Spring Valley Road. The City of Farmers Branch, Texas, agrees to pay for such sanitary
sewer services at the same rates that the City of Addison charges its comparable customers for such services. Further the City of Farmers Branch, Texas, agrees to connect and maintain
at its own expense a
􀂷􀀻􀀺􀀮􀀮􀁾 -=.;-:; -:" 'f four (4) inch sanitary sewer line to the existing sanitary sewer line of the sanitary sewer lines of the City of Addison which run approximately east and
west on the north side of Spring Valley in the approximate area as delineated in Exhibit A, which is incorporated into and expressly made a part of this agreement. Said tie into the
City of Addison's existing sanitary sewer lines is located approximately 103 feet west of the City of Farmers Branch, Texas' Fire Station East property line as delineated in Exhibit
A. This agreement duly agreed upon by the City Councils of the respective parties shall continue in full force and effect until another agreement mutually agreed upon terminates this
agreement, by the proper execution of the signatures of the Mayors and City Secretary of each City. APPROVED: APPROVED: Mayor, City of Addison, Texas ATTEST: u). tvJ 􀁃􀁩􀁴􀁾􀁓􀁥􀁣􀁲􀁥􀁴􀁡􀁲􀁹
of Farmers Brcfnch, Texas L 7 ATTE/S/T7: /,..../.-'" .... ',,//"" '/y "', J ,,) , 􀁾,/􀀮h //􀀣//􀁾􀁾/')􀀬,/􀁺􀁾 APPROVED AS TO FORM: /';7 􀀼0􀁌/􀁾:/􀀼7􀀻􀁾􀁣􀁾􀀰􀁾 .,:,crty'-"'AttorneY
of City of Addison, --Texas 􀁔􀀩􀁾 􀀧􀁍􀀮􀀮􀁦􀁾 APPROVED AS TO FORM: . --. 􀁣􀁾􀁴􀁹 Attorney, 􀁣􀁾􀁴􀁹 of Farmers Branch, Texas
WHEREAS, Vantage Properties, Inc., a Texas Corporatj 􀁜􀁾􀁾 THE STATE OF TEXAS COUNTY OF DALLAS §§§ AGREEMENT 5-rol-Wl 􀁪􀀩􀁬􀁁􀁬􀀮􀀮􀀮􀁜􀁾 VA tJili'£ P􀁲􀁬􀁩􀀺􀁊􀁦􀁾􀀬 􀀨􀁃􀀱􀁾􀁏 referred
to as f1Corporation," desires to develop and construct certain projects that are located principally in the City of Addison, hereinafter referred to as "Addison," but also partially
in the City of Farmers Branch, hereinafter referred to as "Farmers Branch," and WHEREAS, in order to develop the projects, sound engineering practices require the construction of off-site
storm drainage facilities, hereinafter referred to as "Facilities", to handle the surface water run-off on and across the projects, and WHEREAS, it is proposed by Vantage Properties,
Inc. to construct the facilities on and across rights-of-way and easements owned and held by Dallas Power and Light Company, hereinafter referred to as "Power Company," and St. Louis
Southwestern Railway Company of Texas' and St. Louis Southwestern Railway Company, hereinafter referred to as "Railroad," and WHEREAS, the location of proposed facilities are in Farmers
Branch and the owners of said rights-of-way and easements are agreeable to contracting only with Farmers Branch and not with the corporation, and WHEREAS, the Power Company and the Railroad
have agreed to enter into certain agreements with Farmers Branch, which agreements are attached hereto as Exhibit "A" (Railroad Agreement) and Exhibit "B" (Power Company Agreement),
and WHEREAS, both agreements retain to the Railroad and Power Company the superior dominant right in the property and place certain obligations, responsibilities and ongoing contingent
liabilities upon Farmers Branch, and WHEREAS, Farmers Branch is agreeable to accepting and approving the terms of both agreements as modified by the deletion of Paragraph 7 from the
Railroad Agreement provided the Corporation and Addison agree to assume certain obligations under both agreements as hereinafter stated, and WHEREAS, the Corporation and Addison agree
to assume the stated obligations; NOW, THEREFORE, ABOVE PREMISES CONSIDERED, all of which are deemed incorporated into the. body of this agreement as if copied in their entirety, the
parties Farmers Branch, Addison and the Corporation, for and in
􀀻􀁾 consideration of valuable consideration, the receipt and adequacy of which is hereby acknowledged and the mutual promises and covenants made, do hereby contract and agree as follows:
1. A) Corporation is the owner of all of that lot, tract or parcel of land described in Exhibit "C", which is attached hereto and incorporated herein, upon which the project in question
is to be developed. In the event the Corporation fails to comply with any of the provisions of this agreement, Farmers Branch shall be authorized to revoke any and all certificates of
occupancy that Farmers Branch may have issued in relation to the development and Farmers Branch shall be authorized to take all steps necessary to obtain compliance under either Exhibit
"A" or Exhibit "B", including any incurred liability, to charge the cost of same to the Corporation and to assess the said costs as a mechanics lien against the property described in
Exhibit "c" by filing a statement of the charges, duly acknowledged by the City Manager or his authorized representative, in the Mechanics Lien Records of Dallas County, Texas. This
subject agreement shall be filed in the Mechanics Lien records of Dallas County, Texas, shall be deemed a covenant running with the land and is the contractual authority between Farmers
Branch and the Corporation for Farmers Branch to assess all the costs incurred, including. any and all liabilities against Exhibit "c" as a Mechanics Lien. B) Corporation agrees to construct
or have constructed within the areas· described in Exhibits "A" and "B" facilities in accordance with plans approved by Farmers Branch, the Railroad and the Power Company. C) Corporation
and its Contractor, if the drainage project is to be constructed by a Contractor, agree to enter into an agreement with the Railroad that satisfies Section 11 of Railroad Agreement.
D) Corporation does hereby agree to assume and does assume as its complete and total responsibility all obligations and requirements contained in Exhibits "A" and liB" relating to construction
of the facilities. II. A) Addison and Corporation recognize that the Railroad and Power Companys' rights to use the rights-of-ways and easements wherein the drainage improvements are
to be" constructed, operated and maintained are superior to that of Farmers Branch and that the Railroad and Power· Company both retain
􀁾􀀿 the power and authority to require Farmers Branch to reconstruct, remove entirely or relocate the sUbject drainage facilities. Both Addison and Corporation agree to bear all costs
and take whatever steps are required to satisfy any and all requests by either the Railroad or Power Company to remove, relocate or reconstruct any of the facilities. B) Addison and
Corporation do hereby release, indemnify and hold harmless the City of Farmers Branch, its officers, agents, servants and employees from all claims, suits, judgments, demands, liability,
cost and expense, however same may be caused, including reasonable attorneys fees, for any and all demands, claims, suits, jUdgments and liablities for either personal injuries, death
or property damages arising out of or in any way related to the construction, reconstruction, 􀁯􀁰􀁥􀁲􀁡􀁴􀁩􀁯􀁮􀀬􀀨􀁦􀁔􀁩􀀧􀀸􀁩􀁮􀁴􀁥􀁮􀁡􀁮􀁾􀁰􀁲􀁥􀁳􀁥􀁮􀁣􀁥􀀬use or removal of the
facilities to be constructed within the confines of the areas described in Exhibit "A" and "B". III. The venue of this agreement is Dallas County, Texas. This contract shall be deemed
a covenant running with the land, shall be filed in the deed records of Dallas County, Texas, and shall be binding on the parties, their heirs, successors and assigns. EXECUTED this
the day of , 1980. VANTAGE PROPERTIES CrTY DrADDISON C1TY -OF FAltMERS-BRANCH
􀀺􀁾. .... 􀁾􀀭􀀭􀀧􀀭􀁩 I\GREI!:i\lENT . THE STATE OF TEXAS XX COUNTY OF DALLAS X l'H1S AGREEHENT is made and entered into the I d.'t.:. day of -lVoLle.Mobe.y== ,·1980, between and umony
TilE CrI'Y OF ADDISON, hereinafter referred to as "Addison",· and 'fIlE CITY OF FARMERS BRANCH, hereinafter referred to as "Farmers Branch". WHEREAS,.in order to develop and construct
certain' projects that are located principally in Addison, sound engineering practice requires the construction of off-site storm drainage facilities, hereinafter referred to as "facilities",
to handle the surface water runoff on and across the projects; and \'lBEREAS, it is proposed that these facilities be constructed on... and across rights-of-way and easements owned and
held by Dallas Power and Light Company, hereinafter referredto as 􀁾􀁐􀁯􀁷􀁥􀁲 Company", and St. Louis Southwestern Railroad Company of Texas, and St. Louis Southwestern Railroad Company, hereinafter collectively referred to as "Railroad";. and
WHEREAS, the location of the the proposed facilities a1re in Farmers Branch and the 􀁯􀁷􀁮􀁥􀁾􀀧􀁳 of said rights-of-way and easements are agreeable to enter into certain agreements
with Farmers Branch, which agreements are attached hereto as Exhibit "All (Railroad agreement) and Exhibit "B II (Power Company agreement); and WHEREAS, both agreements retain to the
Railroad and Power Cornpany the superior dominant right in the property and place certain obligations, responsibilities and on-going contingent liability upon Farmers Branch; and WHEREAS,
Farmers Branch is agreeable to ac6epting and approving both agreements provided Addison agrees.to assume those obligations imposed 􀁾􀁮 Farmers Branch under both agreements as hereinafter
stated; and 􀀢􀁾􀀻􀁩 􀁾 . ; ," .. 􀁾􀀬 , .􀀬􀁜􀁜􀁾 ,: 􀀧􀀢􀀺􀀻􀀻􀁩􀀮􀀱􀀡􀁾􀁾 " ....􀁴􀁯􀁴􀁾
\\HEREAS, 􀁁􀁤􀁤􀁩􀁾􀁯􀁮 agrees to aSSUfile the stated obligations as set forth hereinafter; NOW, THEREFORE, ABOVE PREMISES CONSIDERED, all of which are deemed incorporated into the
body of this agreement as if copied in their entirety, the parties r Farmers Branch dnd Addison, for and in consideration of valuable consideration, the receipt and adequacy of which
is hereby acknowledged and tile mutual promises and covenants made, do hereby contract and agree as follows: 1. Addison recognizes that the Railroad and the Power Company's rights to
the use of the rights-of-way dnd easements wherein the drainage improvements are to be constructed, operated and maintained are superior to that of Farmers Branch and that the Railroad
and Power Company both retain the power and authority to require Farmers Branch to reconstruc£, Ioaintain, alter ot relocate the sUbject drainase facilities upon certai!l 􀁣􀁯􀁮􀁤􀁩􀁴􀁩􀁯􀁮􀁾􀀮
Addison agrees that if Farmers Branch by virtue of either the Railroad agreement or Power Company agreement is required to reconstruct, maintain, alter or relocate the facilities, then
Addison shall pay all reasonable costs and 􀁵􀁮􀁤􀁥􀁲􀁴􀁡􀁾􀁥 whatever steps are required to satisfy any and all 􀁬􀁡􀁷􀁦􀁾􀁬 requests of the Railroad and Power Company toreconsiruct,
maintain, alter or relocate any of the facilities. Addison's 􀁾􀁢􀁬􀁩􀁧􀁤􀁴􀁩􀁯􀁮􀁳 are limited to the facilities which are required to serve the property located in Addison and not
those facilities which are installed or authorized by Farmers Branch for property solely within the city limits of Farmers Branch. Farmers Branch agrees to assIst and cooperate with
Addison to minimize its cost and expenses in reconstructing, maintaining, altering or relocating the eacilities. 2. Addison does hereby release, indemnify and hold harmless Farmers Branch,
its 􀁯􀁦􀁦􀁩􀁣􀁥􀁲􀁾􀀬 agents, servants and employees from all claims, suits, 􀁪􀁵􀁤􀁧􀁭􀁥􀁮􀁴􀁳􀁾 demands, liability,· cost and expense, however :;iame may be caused, including reasonable
attorney's fees, AGREEMENT -PAGE TWO ., J• 􀁾􀀧􀀬 !
..:-... for any and all demands, claims, suits, judgments and li,lbilities of either personal injuries, death or property damages which Farmers Branch muY incur by r.eason 0 f .i ts
exccu t ion 0 f 􀁉􀁾􀁸􀁨􀁩􀁢􀁩 t "/V' and lin II for the reconstruction, operation and filaintenance, presence, llse or removal of the facilities tb be constructed within the confines
of the area sl1bscribed in Exhibit "/V' and "0". It is the expressed intention of the parties hereto that Addison is indemnifying Farmers Branch of only those 􀁬􀁩􀁡􀁾􀁩􀁬􀁩􀁴􀁩􀁥􀁳
and obligations of the Railroad and Power Company which are imposed on Farmers 􀁂􀁾􀁡􀁮􀁣􀁨 by reason of its execution of Exhibits "A" and liD" and not otherwise. 3. It is hereby provided
that 􀁾􀁤􀁤􀁩􀁳􀁯􀁮 shall be given notice of any act or occurrence involving a claim suit, judgment, demand, liability, indemnified against herein, 􀁷􀁩􀁾􀁨􀁩􀁮􀁦􀁩􀁦􀁴􀁥􀁥􀁮 (15) days
after the occurrence of such act shall have come to Farmers Branch's knowledge. Farmers Branch agrees agrees that before it shall incur any expense or cost which might be indemnified
or ultimately paid by Addison, Farmers Bianch shail obtain Addison's 􀁡􀁰􀁾􀁲􀁯􀁶􀁡􀁬 prior to incurring such cost or expenses. 4. Addison does not agree to indemnify and save harmless
Farmers Branch from liability, claims, demands, damages and costs caused by the negligence of Farmers Branch, its agents or employees. 5. Farmers Branch shall not enter or execute any
settlement or compromise of any claim until Addison is notified and has a reasonable opportunity to investigate such claim. If this condition is not satisfied, then Addison shall not
be liable for such settlement or compromise. 6. Addison shall be entitled to participate at its own expense in the defense of and to determine the terms of settlement of any suit, claim
or other event indemnified 􀁨􀁾􀁲􀁥􀁩􀁮􀀻 provided, however, that counsel employed by Addison shall be reasonably satisfactory to Farmers Branch. If Addison so elects to assume the defense
against AGREEMENT -PAGE THREE ."\
THE THE 􀁾..any alleyedclaim indemnified heroin, it. shall not be liable for any legal expenses other than its own. 7. The venue·of this Agreement is Dallas County, Texas. This contract
shdll be binding on the parties, their successors and assigns.EXECUTED this the 􀁊􀁊􀀮􀁾 day of 􀁦􀁖􀁯􀁵􀁾􀁢􀁷 , 1980. CITY OF FARMERS BRANCH 􀁂􀁹􀁾􀀯􀁥􀁊 CITY OF· ·ADDISON· APPROVED
AS TO FORM: < 􀁾􀀮􀁾􀁾 , exas 􀁂􀁙􀀮􀁾􀀮􀂷 f' AGREEMENT -PAGEFOUR,.􀀢,􀁾.. 􀁾 . ,'t\
RECO(ilDING. REQ, UESTED BY Exhibit" A" AND WHEN RECORDED MAIL TO TEXAS, a Texas SPACE ABOVE THIS LINE FOR RECORDER'S USE RELHIS: TCL-599.29-L(N) ..... -• ,! I :j :i SSW--_.',(. · lA__􀁕􀁾􀁟􀁊􀁔
􀁾􀀺􀀢􀀮 --_..__ .••.•.•􀁾􀀮 .,". . -..,-_ 􀁾􀀬􀀬􀁾􀀮􀁾..􀁾 _'􀁾􀀭􀀻􀀺􀁾􀁊 --THIS INDENTURE, made this 3-day of 􀁾􀁪􀁖􀀱􀀩􀁾__' 1980, by and between ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
OF corporation, ST. LOUIS SOUTHHESTERN RAILWAY COI1PANY, a Missouri corporation, herein collectively "Railroad," and CITY OF FARMERS BRANCH, a municipal corporation of the State of Texas,
address: 13000 Wjlliam 1. That Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct reconstruct, maintain
and operate a storm sewer, hereinafter termed "structure," in, upon, along, across and beneath the property of Railroad, at or near Dal-Nor, in the CountY'of Dallas, State of Texas,
as more particularly described in Exhibit "A," attached and made 􀁾 part hereof. The property described in Exhibit "An is shown on the print of Railroad's Drawing 80-9240 revised July
7, 1980, also attached and made a part hereof. I-a. In the event all or any portion of the said premises of Rail-_ road shall be condemned for public use, Grantee shall receive compensation
only for the taking and damaging of Grantee's improvements. Any compensation or damages for taking said premises awarded to Grantee shall be assigned by Grantee to Railroad. ** -1-
..L.UL 􀁾􀀭 ....... ":r:ch,' ;L9aO .' 2. Project markers in form and size satisfactory to Railroad, identifying the facility and its owner, will be installed and con3tantly maintained
by and at the expense of Grantee at Railroad ?roperty lines or such locations as Railroad shall approve. Such narkers shall be relocated or removed upon request of Railroad with 􀁾􀁵􀁴
expense to Railroad. Absence of markers does not constitute a warranty by Railroad 􀁾􀁦 no subsurface installations. 3.' This grant is made subject and subordinate to the prior and 􀁾􀁯􀁮􀁴􀁩􀁮􀁵􀁩􀁮
􀁧 right and obligation of Railroadi its successors and assigns, to use all the property oescribed herein in the performance of its duty as a common carrier, and there is reserved unto
Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities
and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4, This grant
is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant,"
as used herein, shall not be construed as a covenant against the existence of any thereof. 5. The rights herein granted to Grantee shall lapse and become void if the construction of
said structure upon said property is not commenced within one (1) year from the date first herein written.' 􀁾􀀮 6. Grantee shall bear the entire cost and expense of constructing, reconstructing
and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere
in any way whatsoever with the operations of Railroad. The plans for and the construction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees
to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance and removal
of said structure, including, but not limited to, the installation and removal pf such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen,
flagmen an.d inspectors as • /Railroad deems necessary. 􀁾 7. In the event Railroad shall:at any time so require, 􀁇􀁲􀁡􀁮􀁴􀁥􀁥􀀬􀁾 at Grantee's expense, shall reconstruct, alter, mali8
􀀸􀁁􀁡􀁡􀁾􀁑􀀸 􀁾􀁡 􀁾􀁾􀁑 􀁾􀀱􀀧 lo'Hil... iiaga g 5 'i'l iasi iitli'Ugture or otherwise improve said structure upon )V receipt of written notice from Railroad so to do. -2-
Mp.rch, 19'80 8. In the event of leakage or spillage from said structure or any vehicle in the control or custody of Grantee or any contractor for Grantee, Grantee shall, at its own
expense, promptly clean Railroad's premises to the satisfaction of Railroad, the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Any expense
of required compliance with federal, state or local environmental regulations incurred by Railroad or Grantee shall be borne by Grantee, including any fines and judgments levied against
Railroad or its property. 9. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized lawful body
against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon
said property commenced within one (1) year from the date first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry
on said property for the purpose of constructing', reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' written
notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's authorized representative by phone. Grantee agrees
to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to
'keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees
to pay to Railroad upon demand. 11. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and property of Railroad,
should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying
Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. Such contractor shall furnish, at the option
of and without expense to Railroad, a reliable surety bond in an amount and in a form satisfactory to Railroad guaranteeing the faithful performance of all the terms, covenants and conditions
contained in said agreement. 12. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee, or any property under the control or
custody of Grantee while upon or near the property of Railroad incident to the construction, reconstruction or maintenance of said structure, caused by or contributed to in any way by
the construction, operation, maintenance or presence of Railroad's line of railroad at the above-mentioned location. -3-
) em C-:l : t::ch., "198 a 0_-Insofar as it lawfully may, Grantee agrees to 'release and indemfy Railroad, its officers, employees, agents, successors and assigns, om all claims, liability,
cost and expense ,howsoever same may be used, including reasonable attorney fees, for loss of or damage to operty and for injuries to or death of persons arising out of the nstruction,
reconstruction, maintenance, presence, use or removal of id structure, regardless of any negligence or alleged negligence on e part of Railroad employees. The word "Railroad," as used
in this section, shall be construed include, in addition to Railroad, the successors, assigns and affilited companies of Railroad and any other railroad company that may be lwfully operating
upon and over the tracks crossing or adjacent to said :ructure, and the officers and employees thereof. 13. Should Grantee, its successors or assigns, at any time abandon e use of said
property, or any part thereof, or fail at any time to use le same for the purpose contemplated herein for a continuous period of Le (1) year, ·the right hereby given shall cease to the
extent of the ie so abandoned or discontinued, and Railroad shall at once have the Lght, in addition to, but not in qualification of, the rights herein)ove reserved, to resume exclusive
possession of said property or the 􀁾􀁴 thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Gra,􀁾􀁥􀀬 at its own
cost and expense, agrees to remove said structure from lid property and restore said property as nearly as practicable to the lIIle state and condition in which it existed prior to the
construction f said structure. Should Grantee in such event fail, neglect or refuse J remove said structure and restore said property, such removal and res)ration may be performed by
Railroad, at the expense of Grantee, which q?ense Grantee agrees to P?y to Railroad upon demand, or Railroad may, c its option, assume ownership of said structure. 14. This indenture
shall inure to the benefit of and be binding gon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents o be executed in
duplicate the day and year first herein written. ) GOUlS SOUTI-l'dES'rERN RAIL 􀁃􀁏􀁾􀁾􀁦􀁵􀁜􀁾 OF 􀀱􀁾􀂷 􀁾􀁳􀀬 ' .. , .. .'-• . 􀀧􀁩􀁾􀀮􀀬􀀮 ro '. i _'. 0-• --::-A-s-s"'Ti..􀁳..􀀭􀀺􀀭􀁴􀀭􀁡􀀭􀁮􀀭􀀺
􀀧􀁴􀁾􀁳􀀬􀀭􀀮c"-;'c-r-e-t-ar--"'y-Attest: /0) i.Oj . Assistant Secretary -4-J CITY Clerk ( (
r.-􀂻􀁊􀀧􀀮􀁌􀁾􀀺􀁊􀀢 􀁾􀀮􀀻􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀻􀁾􀁾􀁾 􀁾􀀮􀀺􀀺 ,,-􀁾􀀭􀀭􀁟.._-_. . _ 􀁾􀁩 --􀁅􀁾 R. D. Krebs: \ 􀁉􀀧􀀬􀁐􀁐􀁉􀀧􀁾􀀩􀀧􀀺􀀢􀀬􀀮􀁉 LUI' 􀀡􀀼􀁬􀁬􀀯􀁲􀀬􀁩􀁉􀁊􀁴􀀧􀁃􀁉􀂷􀁩􀁉􀀱􀁧􀁬􀁊􀀺􀀬􀂷􀀱􀀮
􀁡􀀡􀁬􀁾􀀬 per lJrilwiIlF; (Bil Lc:J) (!lev i :wcl)--------)-􀁾􀁡􀁬􀁬􀁴􀀡􀁬􀁥􀁬􀀧􀁮 i'aciLic 􀁔􀀱􀀧􀀻􀁈􀁬􀁾􀁩􀁰􀁏􀁬􀂷􀁴􀀨􀁽􀁴􀁩􀁯􀁮 Co. ( ) 􀁲􀁾􀁯􀁬􀂷􀁬􀀭􀀺􀀺􀁜􀀧􀀺􀁥􀁾􀁾􀂷􀁴􀀨􀁔􀀺􀁬
Pacific H:_lilI'oau Co.
EX1ItDIT IIAII A tract of land situated in the City of Farmers Branch, Dallas County, Texas, being out of the Josiah Pancoast Survey, Abstract No. 1146 in Dallas County, Texas, 􀁡􀁮􀁾
more particularly described as follows: BEGINNING at a point, said point being the Southwest corner of a 31.537 acre tract as recorded in Volume 67226, Page 0969, Deed Records of Dallas
County, Texas, said corner being in the East line of land (100 feet wide) of the St. Louis South\'lestern Railway Company of Texasj THEnCE South 17°06'17" East along said East line of
said Company's land, a distance of 2 J700.S9 feet to a point for corner, said point being on the !Jorth line of a drainap;e easement dated June 5, 1970, from said Raihray COMpany to
County of Dallas; THENCE South 72° 53' 43" Hest a distance of 20.00 feet along said north line to a point for corner j THENCE Uorth 17° 06' l7'! Hest for a distance of 1,078.89 feet
to a point for corner; THENCE North 72°53'43" East for a distance of 10.00 feet to a point for corner; THENCE north 17°06'17" "Test for a distance of lJ(,25.06 feet to a point fOI' corner;
􀁔􀁈􀁅􀁬􀁊􀁃􀁾 Horth 89°56'00" East for a distance of 10.46 feet to the POINT 􀁏􀁾 BEnINNING, containing an area of 0.868 of an acre of land, or 37,813 square feet, more or less. -Page
1 of 1 -
• • . 'I ; S 72° 53' 43" W-20.00' ·i .' .:'" ..:\ VI 0.: ./,,.. ---------_:'􀁾􀀬􀀭􀀮􀀧.-_.---------------_._-------􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 ----------_._-------, 􀁁􀀺􀀺􀀺􀀺􀀻􀀽􀀽􀀽􀀽􀀽􀀭􀀭􀀽􀀽􀀺�
�􀀺􀀺􀀺􀀺􀀺􀁾􀀺􀀺􀀻􀀺􀀺􀀭􀀮􀁾􀀭􀀭􀀭􀀭􀀭􀀭..--.-..-.--_ -. 􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀮 I J!I //0(oio098 Esm t. to Dallas CountY,Tx. June 5,1970
-. --_._--------..􀁾􀀭􀀭􀀭􀁴 ..... ----------.---.---.--.--------.-. 􀀶􀀰􀁾􀁟INWOOO... _. _._._ ROAD _.-------)-..-􀀭􀀭􀀭􀀭􀀭􀁾􀀭-----_____􀀮􀀭􀀭􀀿􀁾􀀧􀀮􀀮􀀭􀁅􀁇􀀵􀁥􀁦􀀧􀁔􀁬􀁥􀁦􀁬􀀭􀁦􀂷to
Git)'-of-􀁾 • .--------_... 􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀁟􀀮􀁟􀀭 􀀭􀀭􀀭􀀭􀀭􀁾􀁟􀀮 _-----·_·-_·--_·=.-::-_-_--d...l---.:,.-=--_-_.-_--_-_.--_-_-.-_-_-_::--::-_-..._.-._-._.. _-""'!'--_-_.-. 􀀮􀀺􀁾
--.i -_--_-_.J=:::_.--_-----.__ .. -_--_..__.. j. ------so' ....---t II Lit BRANCH I
-.. 􀀭􀀭􀀭􀀭􀀭􀁾􀀭 :::> len--for 􀁾􀁯􀁯􀁤 PUI'-po-&e&----------------" 100' O. p_ a L. Co. Easement 􀁾 ------,'---_. ---._--------------------------------
///I /QUORUM WEST PLACE OF BEGINNING /I ,------_._------_._---+-reineoe end Utility Easement ----------+-----'-----------------1/-LEGEND -1 II Prol'osed Drainage Easement (0.868 Ac.)
J = Existing Drainage Easement to Dallas Co., Tx. -: Rwy. R.O.W. ST. LOUIS SOUTHYlES'l!ERN RAILWAY COl1PABY DAL-NOR TEXAS rot 599.29-t Proposed Drainage &Utility Easement To The CITY
OF FARMERS BRANCH Office of Area Engineer Dallas, Texas Scale: 1" 2 100' Dwg. 80-9240 6 10 80 KKrt Case 1 Drawer 1-11 7-7-8 M S
IExhibit "a" FILE NO. 14.22-F I STATE OF TEXAS coe NTY OF DALLAS () () () KNOW ALL MEN BY THESE PRESENTS: That DALLAS POWER &: LIGHT COMPANY, a Texas Corporation, hereinafter referred
to as Grantor, for and in consideration of ONE AND NO/IOO ($1. 00) DOLLARS and other good and valuable consideration to it cash in hand paid by the CITY OF FARMERS BRANCH, a Municipal
Corporation in Dallas County, Texas, hereinafter referred to a8 Grantee, has granted, sold and conveyed and by these presents does grant and convey unto Grantee a license and easement
or right of way for the purpose of constructing and maintaining a 45-inch storm sewer and appurtenances in, under and along the following desc ribed tract of land, to-wit: Lying and
situated in the City of Farmers Branch, Dallas County, Texas, being out of that certain 3.68 acre tract of land in the J. Pancost Survey, Abstract 114'6, designated PART 1 described
in a deed from Mabel and Celia McDowell to Grantor herein by deed of record in Volume 4617, page 375, of the Deed Records of said county, and more particularly described by center line
as follows: BEGINNING at a point in the easterly line of said 3.68 acre tract, S 17° 01' Oolt E, a distance of 1012.00 feet from the northeast corner thereof; THENCE Southwesterly, along
a circular curve to the left having a radius of 116.00 feet and whose back tangent bears S 87° 59' 43" W, thru a central angle of 45° 00' 43" an arc distance of 91.13 feet to its point
of tangency; THENCE S 42° 591 00" W, a distance of 13.80 feet to a point for a corner in the westerly line of said 3.68 acre tract. City of Farmers Branch, its agents or employees shall
not use or caus e to be us ed any overhead lift or boom-type equipment, including but not limited to draglines, backhoes and industrial waste vehicles, within the limits of Dallas Power
&: Light Company's property. City of Farme rs Branch shall advise Mr. Harlan Willhelm at 698-7032 at least two working days prior to commencing construction on this project on Dallas
Power &: Light Company's property. There is also granted to the City of Farmers Branch, its succes sors and assigns the temporary working space necessary for the construction and maintenance
of said storm sewer and appurtenances. It is expressly understood and agreed that if the presence or maintenance of said storm sewer on Grantor's premises as herein authorized shall
a any time in the judgment of Grantor interfere with any use Grantor may desire to make of said premises or with the safe or convenient operation of its bus ines s, Grantee agrees on
thirty (30) days' written notice to relocate said storm sewer if practicable to do so, or to take whatever steps necessary to render the use of Grantor's premises satisfactory to the
Grantor, said relocation or other work necessary to render said property usable, satisfactor to Grantor, to be solely at Grantee's expense and to be done as nearly as practicable in
accordance with Grantor's request. This easement shall continue only so long as Grantee herein shall use this right of way for the purpose herein described and the same shall immediately
lapse and terminate upon cessation of such use . 􀀮􀁾􀀬􀀮􀀮 􀁾􀀬.. .__.. --1APPROVED· OAUoA :1..􀁴􀁧􀁾􀁬􀁉􀁴􀁹 end 􀁆􀁯􀁲􀁭􀁳􀁾􀀴􀁴􀁦􀁴􀁾 􀀬􀁅􀀢􀀢􀀢􀀢􀁾 ' •• M' I .
. •• 1 FILE NO. 14.22-F Upon the termination of this license or easement for any reason Grantee shall surrender this license and the possession of Grantor's property hereinabove described
in the same condition that such property was in at the beginning of the term of this agreement, ordinary wear and tear for the purpos herein authorized excepted. Grantor shall not be
liable for any damage to said easement or the contents thereof howsoever such damage shall be caused, whether by the negligence of Grantor, its agents, servants or employees, except
when caused by the wilful acts of Grantor, its agents, servants or employees. Grantor and Grantee each agree to be responsible for their respective acts of negligence causing injury
to or death of persons whomsoever or damage to property whosesoever, which result from or are incident to the construction maintenance, use, ope ration or existence of said sto rm sewe
r on Grantor's premises or the removal the reof from said premises or to the restoration of 0 failure to restore said premises to their prior or other condition as herein provided. It
is further agreed that if any claim or liability shall arise from th joint or concurring negligence of both parties hereto, it shall be borne by them jointly. It is understood that it
is not the intention of the parties hereto to create liability for the benefit of third parties but that this agreement shall be for the benefit of the parties hereto. Grantee shall
not have or make against Grantor any claim or demand for or on account of any damage Grantee may suffer or sustain becaus e of any failure of Grantor's title to the right of way and
lands occupied by said storm sewer or any part thereof. This grant of right of way is subject to the Lien of Mortgage and Deed of Trust from the Dallas Power & Light Company to The First
National Bank of Boston, Successor Trustee of record in Volume 1223, page 1, Deed of Trust Records, Dallas County, Texas, and shall not impair the use of said premis es in the operation
of the business of Grantor, its successors and assigns. Grantee further covenants and agrees with the Grantor that it will not a8sign this easement nor sublet the whole or any part of
the said premises, without the written consent of Grantor. EXECUTED a8 of this ;]nc/.... A. D. 1980. day of 􀁌􀁑􀁪􀀩􀁴􀀡􀁌􀁉􀁽􀁾 GRANTOR ATTEST: DALLAS POWER & LIGHT COMPANY res ident
GRANTEE ATTEST: C lty Manager ---, 􀀧􀀭􀀢􀀺􀁾􀀭􀀭􀀧􀀭􀀭􀀭 /J 􀁾 I ({). -( 'lff Rv' /' " City Secr etary /-2-..,..
" .. . FILE NO. 14.22-F STATE OF TEXAS () () COUNTY OF DALLAS () BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared
MAX H. TANNER, JR., Vice President of Dallas Power & Light Company, known to me to be the perso 'whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of the said Dallas Power & Light Company, for the purposes and consideration the rein expressed and in the capacity therein set forth. of i 􀁾 􀁇􀁾􀁖􀁅􀁾
UN,-DER MY HAND AND SEAL OF OFFICE this Nne( 􀁾􀁕􀁮􀁊􀀩 L.LL1-) , A. D. 1980. 􀀨􀁾􀁴􀀻􀁜 􀁾 􀁾 -􀁊􀁊􀁬􀁄􀀭􀀮􀁌􀁴􀁾􀀺􀁬􀁢􀀭􀀭􀀼􀀱􀀮 Notary Public in '"and for Dallas County, Texas day
My commission expires the 􀁜􀁊􀁾􀀭􀁩􀀺􀀺􀀩􀀬􀀬􀀭􀁾 \JU){:L})7j.. lQ.t: ,19A't-t . day of STATE OF TEXAS () () COUNTY OF DALLAS () BEFORE ME, the undersigned authority, a Notary Public
in and for said County and State, on this day personally appeared 􀀺􀀭􀀭􀀭􀀺􀀭􀀺􀁾􀀭􀀭􀀭􀀭􀀺􀀺􀀭􀁾􀁾􀀭􀁯􀀺􀀺􀀺􀀭􀀺􀀧􀀭􀀺􀀭􀀭􀀭 Paul M. West, City Manager of the City 0 Farmers Branch,
Texas, kliown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he execute the same as the act and deed of the said City of Farmers
Branch, for the purposes and consideration therein expressed and in the capacity therein set forth. of GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day December , A. D. 1980. 􀁧􀁣􀁣􀁾􀀡􀀲􀁾􀁟􀀯􀁩�
� N"6tary Public in and for Dallas County, Texas My commission expires the §1 st day of January , 19 . 1 " /-3-..•,? /'
',:', 􀁾􀀬 􀁾􀁩 •· KNOW ALL 􀁴􀀭􀁾􂂬􀁎 BY THESE PR2SENTS: ··COUNTY OF DALLAS WHEREAS, there is a need to establish in the Upper 􀁔􀁾􀁩􀁮􀁩􀁴􀁹 River Basin, generally in the area outlined
in the Engineering Report, a Regional Wastewater 􀁓􀁹􀁳􀁾􀁥􀁭 for the purpose of providing facilities to adequately receive, transport,treat and dispose of Wastewater in such area; and
.. WHEREAS, the City of Farmers Branch 􀁰􀁾􀁥􀁳􀁥􀁮􀁴􀁬􀁹 owns, operates and maintains its waterworks and sanitary sewer systems; and WHEREAS, City is desirous of discharging Wastewater
into the Central Wastewater Treatment System of the Trinity River Authority 􀁯􀁦􀁔􀁥􀁾􀁡􀁳 in order to achieve efficiencies of costs and operation; and . WHEREAS, City and Authority
are authorized to make this contract under 􀀧􀁁􀁲􀁴􀁩􀁣􀁬􀁥􀁾 8280':'i88 and' lfo9i,-Vernon's Annotated Civil Statutes, and/or the Regional Waste Disposal Act .(compiled as Chapter 25
,Water Code of Texas); and WHEREAS, the parties hereto recognize these facts: (a) That the Authority will use the payments to be. received under this and similar contracts for the payment
of Operation and Maintenance Expense of.t:he Authority's System and for the payment of the principal of and the interest on its Bonds and Outstandin'g Bonds and for the establishment
and/or maintepance of reserves and other funds as provided in the Bond Resolution and in resolutions authorizing Outstanding Bonds; and that the revenues under such contracts will be
pledged to such purposes; and . (b) It is anticipated that' contracts similar to this instrument will be executed between the Authority and the other Contracting Parties and 􀁭􀁡􀁹􀁾
in the future, be executed with Additional Contracting Parties; and 1,., ',,:'; 􀀢􀁾􀂷􀁾􀁜􀁉􀁲􀀧􀁦􀂷 ;; 􀀧􀀼􀁻􀀧􀁾􀀢􀀺 􀀮􀀻􀀺􀀧􀁾􀀮 -','-,_.
-,.. .. i 􀁾􀀮􀀮􀀭􀁾 .,s (c) (d) (e) . (f) I That Authority has Outstanding Bonds 􀁷􀁾􀁩􀁣􀁨 were issued to finance construction of the System as it exists as of the date of execution
of this contract;_and That the Authority is preparing to issue and sell its Bonds to refund part of the Outstanding Bonds and to provide funds to enable it to construct extensions, improvements
and enlargements to the System; That ,Authority will issue Bonds from time to 􀁴􀁩􀁭􀁥􀁾􀁩􀁮 the future to_further extend, enlar&e and: improve the -System;-and That City and Authority
are subject to all valid r_ules, regulations and requirements of the Texas Water-Quality Board, the Environmental Protection Agency and such . State and Federal laws as now exist.-or
may be enacted. during the term of this agreement; NOW, THEREFORE, the 􀁾􀁃􀁩􀁴􀁹 of-FannersBranch and TRINITY RIVER AUTHORITY OF TEXAS do hereby -contract :and agree-as follo\vs: . ARTICLE:IDEFINITIONS Section 1.01. DEFINITION OF-TERMS. Terms and expressions as used in this
this contract, unle$s the context clearly shows otherwise, shall have the following meanings: (a) "Additional Contracting 􀁐􀁡􀁲􀁴􀁹􀀢􀁾􀁭􀁥􀁡􀁮􀁳 any party not defined as a Contrpcting
Party with whom Authority makes a contract for 􀁾􀁥􀁣􀁥􀁩􀁶􀁩􀁮􀁧􀀬 transporting, treating and disposing of Wastewater 􀁴􀁾􀁲􀁯􀁵􀁧􀁨 the System. (b) "Adjusted Annual Payment" means
the Annual Payment, as adjusted due to service to Additional Contracting Parties and/or as required during or after each Fiscal Year. (c) -"Annual Payment" means the amount of money
to be paid to Authority by City as its proportionate share of the Annual Requirement. 2 ·i:
j 􀁾 .. .. ,. 1-.. -. 􀁾 -.' 􀁾 .. (d) "Annual Requirement" means the tota.l amount of money required for Authority to pay all Operation a.nd Ma.intena.nce Expense of the System and
to pay the debt service on its Bonds and Outstanding Bonds, and to pay any, amounts required to be deposited in any special or reserve' funds required to be established and/or maintained
by the provisions of the Bond Resolution, and in resolutions authorizing Outstanding Bonds o (e) "Authority" means the Trinity River Authority of Texas. (f) "Authority's System," "Regional
System," Regional Wastewater System," "Central '\>lastewater Treatment System," or "System"means'all of Authority's facilities 􀁦􀁯􀁲􀂷􀁾􀁲􀁥􀁣􀁥􀁩􀁶􀁩􀁮􀁧􀀬􀀧transporting, treating
'and disposing of \rJaste,\·;rater generally in the area described in the first preamble hereto. together with any improvements, enlargements or additions to said 􀁦􀁡􀁣􀁩􀁬􀁩􀁴􀁩􀁾􀁳
and 􀁾􀁮􀁹 􀁥􀁾􀁴􀁥􀁮􀁳􀁩􀁯􀁲􀁩􀁳 or replacements of 􀁳􀁡􀁩􀁤􀁦􀁡􀁣􀁩􀁬􀁩􀁴􀁩􀁥􀁾􀂷􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁣􀁴􀁥􀁤or otherwise incorporated into said facilities in the future. Said terms-shall
iriciudeonly those facilities which are used for,:constructed or acquired, or the use of which is arranged for, by the Authority to afford 􀁳􀁾􀁲􀁶􀁩􀁣􀁾􀁴􀀶􀁾􀁴􀁨􀁥 Contracting Parties
and Additional Contracting Parties which can 'economically and efficiently be served by said Systemo Said 􀁴􀁥􀁾􀁴􀁮􀁳􀁤􀁯 not include Authority's facilities located 􀁷􀁩􀁴􀁨􀁩􀁮􀁾􀁴􀁨􀁥
boundaries of the 􀁄􀁡􀁬􀁬􀁾􀁳􀀭􀁆􀁯􀁲􀁴 Worth Regional Airport and defined as the lISys tem"-in·the 'contract between Authority and the Dallas-Fort_Worth Regional Airport Board dated
July 16, 1971, 'as amended, Local Wastewater Fac{lfties, any facilities constructed or acquired with proceeds of Special Project Bonds, as 'defined in the Bond Resolution, or obtained
by Authority-actIng as a signatory to the State of Texas Water Pollution Control Compact, or any of the facilities designated as Authority's Ten Mile Creek System, or WalkerCalloway,
Project o (g) "BOD" (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five
(5) days at 200 C., -expressed in milligrams per liter (mg/l). (h) "Bond Resolution" means any resolution of the Board of Directors of the Authority authorizing the issuance of Bonds
and providing for their security and payment, as such resolution(s) may be amended from time to time as therein permitted. 3
. . 􀁾􀀮 􀁾 , 􀁾 􀁾􀁾􀀧 􀁾 ; /"" ,( 􀂷􀀻􀀧􀀭􀁾􀀬􀀱􀀧 " ( ,􀁴􀀧􀀻􀁲􀁾􀂷 II I; 􀁾􀀮􀀺 􀀧􀁲􀀺􀀧􀁦􀀻􀁲􀁬􀁾􀀬 􀀺􀁾􀀬􀀮 ; , (i) (j) (k) (1) (m) (n) (0) (1') (q) "Bonds" means j3.ny,bonds to
be issued by the Authority pursuant' to this contract to refund Outstanding Bonds and for the 􀁡􀁣􀁱􀁾􀁩􀁳􀁩􀁴􀁩􀁯􀁮􀀬 construction, expansiori, improvement or completion of the System,
whether one or more issues,or any bonds issued to refund 􀁳􀁡􀁾􀁥􀀮 " "City" means the City of Farmers Branch, Texas. "Contracting Party" or "Contract_ing parties" means one or more
of the following: Arlington, Bedford, Carrollton, Dallas, Dallas-Fort Worth Regional Airport Board, Euless, 􀁆􀁡􀁾􀁥􀁲􀁳 Branch, Grand Prairie and Irving, and any city or other party
as defined in Article 7621g, Vernon's Annotated Civil Statutes, which, 􀁰􀁲􀁩􀁾􀁾 to the issuance, sale and delivery of the initial issue of Bonds, makes a contract with "the Authority
for receiving, transporting, treating and disposing of Wastewaterthrough the Authority's System. "Domestic Wastewater" (sanitary sewage) means liquid and water-carried waste discharged
from sanitary conveniences of dwellings, business buildings, institutions and the like, inc1uding-Properly Shredded Garbrge. -"Engineering Report" 􀁭􀁾􀁡􀁮􀁳 a rel'0rt of Forrest and
Cotton, Inc., 􀁃􀁯􀁮􀁳􀁾􀁬􀁴􀁩􀁮􀁧 Engineers, entitled Regional H'astewater System, dated, December, 1971, as such report may be amended, modified and changed by Authority or at its',
direction at any time prior to the execution of construction contracts for improvements, additionsanderilargements to the System or as modified and changed by change orders issued after
execution 6f such "construction " -.,' .. contracts. "Fiscal Year" means the twelve (12) :month period beginning December 1 of each 'year and applies only to Authority (i.e o , Fiscal
Year 1973 is the twelve (12) month period ending November 30, 1973,) or such other twe1ve'(12) month period as may be established in the future to constitute Authority's Fiscal Year
0 . "Garbage" means solid waste's from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce. IlGrease" means fats, waxes, oils, and other similar
materials in Wastewater, as determined by procedures specified in the latest edition of Standard Methods of Examination of Water and Wastewater, published by American Public Health Association,
Inc. "Industrial Wastes" means the liquid wastes from industrial processes as distinct from wastes in Domestic Wastewater. 4
􀀬􀀬􀁾 . 􀁾... 1" .... ' .... '. ·(r) "Infiltration Water" means water that has migrated from the ground into the System. (s) "Local Wastp.water Facilities" means the facilities of Contracting
Parties and Additional Contracting Parties for transportation of Wastewater to Points of Entry and any facilities used exclusively or primarily for the pre-treatment of Industrial Wastes.
(t) "Month" means calendar month.-(u) "Operation and Maintenance Expense" means all costs of operation and maintenance of the Authority's System including, but not . limited to,. repairs
and replaGements for which no special fund is created in the Bond Resolution, the cost of utilicies, supervision, engineering, accounting, auditing, 􀁬􀁾􀁧􀁡􀁬 services, and any other
supplies, services, 􀁡􀁤􀁾􀁩􀁮􀁩􀁳􀁴􀁲􀁡􀁴􀁩􀁶􀁥 costs and equipment necessary for proper operation and maintenance of 􀁴􀁨􀁥􀀭􀀧􀁾􀁁􀀭􀁵􀁴􀁨􀁯􀁲􀁩􀁴􀁹􀀧s System, and payments made by
Authority in satisfaction of judgments resulting-ft6m claims not 􀁾􀁯􀁶􀁥􀁲􀁥􀁤 􀁢􀁾 Authority's insurance or not paid by one particular Contiacting Party,orAdditional Coritracting-Party
arising in connection with the operation and :maintenance of the 􀁓􀁹􀁳􀁴􀁥􀁭􀁾􀂷 :The term a Iso inc ludes the fees of the bank or banks where the Bonds are payable..Depreci.ationshallnot
be considered an item of qperation and 􀁍􀁾􀁩􀁾􀁴􀁥􀁾􀁾􀁮􀁣􀁥􀁅􀁸􀁰􀁥􀁮􀁳􀁥􀀮 (v) '''Outstanding Bonds" means all bonds issued by 􀁁􀁵􀁴􀁨􀁯􀁲􀁩􀁴􀁹􀀭􀁰􀁾􀁩􀁯􀁾 to 􀀧􀁴􀁨􀁾􀁤􀁡􀁴􀁥􀁯􀁦
this contract fo :provide funds for construction of the System as ;it exists as of the date of execution of this :contract. ----.-:0 􀀭􀀭􀁟􀁾􀀭 :, (w) "pH" means the logarithm of the
reciproc!3-l of the hydrogen ion concentration. The concentration is the weight of the hydrogen 􀁩􀁯􀁮􀁳􀁾 in grams, per liter of .solution. (x)' "Point of Entry" means the point at
which Wastewater enters Authority's System. (y) "Properly Shredded Garbage" means Garbage that has -been shredded to such degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension. 5 􀁬􀁬􀀺􀀡􀀻􀁾􀀺􀁈􀀺􀀮 r 􀁾􀀮 􀁾 􀀻􀁴􀁾 􀀧􀁾􀀡􀀡 􀁾􀀺􀀬􀁈 􀀺􀁾
. ., .-. (z) (aa) (bb) (cc) "ss" (denoting Suspended Solids) means solids removable by laboratory filtering expressed in milligrams per liter (mg/l) as determined by procedures specified
in the latest edition of Standard Methods'of Examination of Water and Wastewater, published by American Public Health Association, Inc. "Trustee" means the Republic National Bank of
Dallas, Dallas, Texas. "Trust Indenture" means the Trust Indenture between Trinity River Authority of Texas and Republic National Bank of Dallas, dated as of June 1, 􀀱􀀹􀀵􀀷􀁾 . 􀁬􀁬􀁗􀁡􀁳􀁴􀁥􀁷􀁡􀁴
􀁥􀁲􀁾 (sewage) 􀁭􀁾􀁡􀁮􀁳 D6mestic Wastewater . and Industrial Waste, together with such Infiltration Water that may be present. ARTICLE II· CONSTRUCTION OF FACILITIES BY AUTHORITY
Section 2.01. FACILITIES. In order to provide services for receiving, transporting, treating and disposing of Wastewater . 􀁾 -:---: .---".: :" _. ,:':-•• -_•••• 􀁾 < ••_-for City and
others, Authority will design and construct extensions, improvements and enlargements to to its System, as described in the Engineering Report, and will own, operate, maintain and from
time to time expand the System. ARTICLE tIl DISCHARGE OF· 􀁗􀁁􀁓􀁔􀁅􀁾􀀬􀁲􀁁􀁔􀁅􀁒􀁁􀁎􀁄􀂷􀁍􀁅􀁔􀁅􀁒􀁉􀁎􀁇􀀭 Section 3.01. City shall have the right to discharge Wastewater into the
Sys.tem under this contract on the effective date of this contract. Section 3.02. DISCHARGE. In consideration of the 􀁰􀁡􀀩􀁾􀁥􀁮􀁴􀁳 to be made under this contract, City shall have
the right to discharge Wastewater into the System meeting the requirements for 6
. ' " ' )0', , 􀀮􀀢􀀮􀁾 < . . , .' quantity set forth in this Article of the contract, and the require 􀁭􀁥􀁮􀁾􀁳 for quality as 􀁳􀁥􀁾 forth in Article IV. Section 3.03. POINT OF ENTRY
o City shall discharge its wastewater at a Point or Points of Entry designated for City in the Engineering Reporc, or at such additional Points of Entry as may be mutually agreed upon
by the parties hereto. The Engineering Report establishes and will establish a minimum area to be served by each Point of Entryo City covenants that it will discharge all Wastewater
generated in such minimum area of service into each designated Point of Entry for City during the term. of this contract, to the extent Authority has provided capacity to that service
area, 􀀮􀁔􀁾.. unless City_ and Authority mij.tually agree that like service can be 􀁰􀁴􀀻􀁯􀁶􀁩􀁤􀁥􀀮􀀮􀁤􀁟􀁾􀁬􀁳􀁥􀁷􀁨􀁥􀁲􀁥 in the Systemo Whenever· additional Points of 􀁅􀁮􀁴􀁾
are established and provided for City,a minimum service area for such Points of Entry will be established in the E.ngineering Report for such Points of Entry and City shall 􀁤􀁩􀁾􀁣􀁨􀁡􀁲􀁧􀁥􀀮􀁡􀁬􀁬
Wastewater generated in such area into such Points of Entry during the term of this contract o All-such minimum areas 'of service may be expanded by mutual agreement of Authority and
City,andwhenever expanded, such expanded service area shall be included in the Engineering Report and City shall discharge all Wastewater generated in such expanded service, area into
Authority's System, at the appropriate Point of Entry, during the term of this contrfict o Section 3.04. CONVEYANCE TO POINT OF ENTRY o It shall be the sole responsibility of City, including.
any liability incurred in connection therewith, to convey such Wastewater to the Point or Points of Entry. 7 .' 1
. . .•• , ,''-6 ... .\ '" .... ( Section 3.05. QUANTITY AT POINT OF ENTRY. (a) The quantity of Wastewater 􀁣􀁯􀁮􀁶􀁥􀁹􀁾􀁤 to the Point or Points Df Entry shall be metered and the total
annual contributing flow of Wastewater received during any Fiscal Year shall be used to determine City's Annual Payment and the Basic Charge for service as set forth in Article V. (b)
At each Point of Entry, City may deliver Wastewater at a Maximum Discharge Rate, defined as a rate in MGD, which, if continued. over a period of twenty-four (24) hours would not exceed
3.50 times City's estimated annual contributing flow expressed as a daily average in MGDo . (c) City's Maximum Discharge Rate for Fiscal Year 1973 at each Point of Entry is designated
in the Engineering Report. (d) For 􀁾􀁢􀁥 Fiscal Year 1974, and each succeeding Fiscal Year thereafter, City's Maximum Discharge Rate shall be redetermined in the manner described' in
(b) above. (e) If during any Fiscal Year City's annual contributing .. flow is redetermined, City's City's Maximum Discharge Rates shall also be redetermined to the mutual satisfaction
of City and Authority • .. (f) The Authority will periodically redetermine, if necessary, the Maximum Discharge Rates to assure that said Rates are adequate to allow City to discharge
a reasonable Wastewater flow into the System. Section 3.06. 􀁌􀁉􀁁􀁂􀁉􀁌􀁉􀁾􀁏􀁒 DAMAGES AND RESPONSIBILITY FOR TREATMENT AND DISPOSAL OF WASTEWATER. Liability 􀁦􀁯􀁾 damages arising
from the reception, transportation, delivery and disposal of 8 'Ii . l I .... ,,!' :. , .) I I'
.... .... .. I 'a11 Wastewater discharged hereunder shall remain in City to Points of Entry, and upon passing through Authority's meters installed at Points of Entry liability for such
damages shall pass to Authority. As between the parties, each party hereto 􀁾􀁧􀁲􀁥􀁥􀁳 to save and hold . . _. the other party harmless' from all 􀁣􀁬􀁡􀁩􀁭􀁳􀁾 demands, and causes
of action which may be 􀁡􀁳􀁳􀁥􀁲􀁴􀁥􀁤􀁾􀁢􀁹 anyone on account of the reception, transportation, delivery, and disposal whil€ Wastewater is in the control of such party. This 􀁣􀁯􀁶􀁥􀁮􀁡􀁲􀁴􀁴􀁾􀁩�
� not made for the benefit of 'any' 􀁾􀁨􀁩􀁲􀁤 party • Authority'.takes the responsibility as bet\veen the parties hereto 􀁦􀁯􀁲􀁾􀁴􀁨􀁥 proper reception, "transportation, treatment,
and disposal of all'such Wastewater received by it at Points of Entryo Section 3-.07. METERING 0' .' Authority :will 'furnish, install, operate and maintain at its own expense at each
Point of Entry the 􀁮􀁥􀁣􀁥􀁾􀁳􀁡􀁲􀁹 equipment 􀁾􀁮􀁤 devices of standard type for measuring properly all Wastewater to"be discharged under this agreement. Such meters and other 􀁥􀁱􀁵􀁩􀁾􀁭􀁥􀁮􀁴
shall remain the property of the Authority. City shall have access to such metering equipment at all 􀁲􀁥􀁡􀁳􀁑􀁮􀁡􀁢􀁬􀁾 times for inspection and examination, but the reading, c,alibration,
and aajustment thereof shall be done only by employees or agents of Authority in the presence of a representative , of the City if requested by the City. All readings of meters will
be entered upon proper books of record maintained by the, Authority. Upon written request City may have access to said record books during reasonable business hours. 9 F;1 ;iJ T 􀁾􀀧􀀬􀀧􀀢􀀻􀁆􀁬􀀮
! '
.... , .. \. ... 1 • .... I , ( Not more than three times in each year of operation, Authority shall 􀁣􀁡􀁬􀁩􀁢􀁲􀁡􀁾􀁥􀁟􀁩􀁴􀁳 meters, if requested in writing by City to do so, in the.presence
of a representative of City, and the parties shall jointly observe any adjustments.which are made to the meters in case any adjustment is found 􀁾􀁯 be. necessary. If, for any reason,
any meters are out of service or out of 􀁲􀁾􀁰􀁡􀁩􀁲􀀬 􀁯􀁲􀀮􀁩􀁾􀀬 upon aqy test, 􀁾􀁾􀁥 percentage of inaccuracy of any meter is found to be in excess of five (5%) per cent, registration
thereof shall be corrected 􀁾􀁾􀁲 a period of 􀁴􀁾􀁭􀁥 􀁥􀁸􀁴􀁾􀁮􀁤􀁩􀁮􀁧 back to the time when such inaccuracy began, if such time is ascertainable, and if such 􀁴􀁾􀁥 is not 􀁡􀁳􀁣􀁾􀁲􀁴􀁡􀁩􀁮􀁡􀁢�
�􀁥􀀻 then 􀁾􀁯􀁲 a.period extending back one-half.(1/2) of the time elapsed .' -", .-. -' . 􀁾􀀮􀀢 , . . since the date of the last calibration, but in no event further back than a
period of six (6) months. City may, at its option and its own expense, install and -.--. --.. --'. . operate a check meter to check each meter installed by Authority, but the measurement
for the purpose of 􀁴􀁨􀁩􀁾 agreement shall be solely by Authority I s meters ,. except in the cases hereinbelow in this Section specifically provided to the contrary. All such check
meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of Authority, but the reading, calibration and adjustment
thereof shall be made only by City, except during any period when a check meter may be used under specific written consent by Authority for measuring the amount of 1vastewater delivered
into the System, in which case the reading,. calibration and adjustment thereof shall be Illa de by Authority with like effect as if such check meter or meters had been furnished or
installed by Authority. 10 l '; ,.fl ::. 􀀬􀁾􀀻 . 􀁾 1: .
•".-..-. . I: "10;, .. ,. r . I ! " Section 3.08. UNIT OF MEASUREMENT. The unit of measurement for Wastewater delivered hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure.
ARTICLE IV QUALITY AND TESTING Section 􀀴􀁾􀀰􀀱.. GENERAL. City agrees to limit discharge into Au"thority1s System to wastes' defined herein as admissible discharges, and";to prohibiterttry
-'into the System of any wastes that have the characteristics of prohibitive discharges, also described herein. Section 4.02. AD}ITSSIBLE DISCHARGES. Wastes discharged into,the 􀁓􀁹􀁾􀁴􀁥􀁾􀀧
􀁳􀁨􀁾􀁬􀁾􀁣􀁯􀁮􀁳􀁩􀁳􀁴 only of Wastewater, Properly Shredded Garbage, and other 􀁷􀁾􀀢􀁳􀁴􀁥􀁳􀁷􀁢􀁩􀁣􀁬􀁻the 􀁓􀁹􀁳􀁴􀁥􀁭􀁩􀀮􀁾 .capable of hall:dling, so that: (a) effluent from
the 􀁓􀁹􀁳􀁴􀁾􀁭 meets the ·cur1;ent legal standards .of the Texas 􀁾􀁨􀁴􀁥􀁲 Quality Board or of 􀁡􀁾􀁾􀁾􀁧􀀶􀁶􀁥􀁲􀁮􀁦􀁵􀁥􀁮􀁴􀁡􀁬 b6dy having legal 􀁡􀁵􀁴􀁨􀁯􀁾􀁩􀁴􀁹 t6 set 􀁳􀁴􀁡􀁮􀁤􀁡􀁾􀁤􀁳
for such effluents; arid "..... -..... '. -.C 0 -(b) the System is not damaged to the 􀁾􀁸􀁴􀁥􀁮􀁴 to cause unnecessary repairs or replacements resulting in increased Operation and Maintenance
Expense. Section 4.03. PROHIBITIVE DISCHARGES. (a) To enable the highest degree of treatment in the most economical manner possible, and to comply with Federal and State regulations,
certain solids, liquids and gases are hereby prohibited from entering Authority's System in excess of standards as set by said Federal and 􀁓􀁴􀁾􀁴􀁥 regulations. The prohibitive discharges
listed below shall apply at the Points of Entry.11 H !!V.;'·1, .rr '.!. ; I 'i .'
. ... ..• £ , . Federal and State Regulatory Agencies 􀁰􀁥􀁾􀁩􀁯􀁤􀁩􀁣􀁡􀁬􀁬􀁹 modify standards on prohibitive discharges; therefore, revisions to, additions to, or deletions from the
items listed in this section will become necessary to comply with these latest standards. It is the intention of this contract that prohibitive discharge requirements be reviewed periodically
by Authority and revised in accordance with the latest standards o£ any Federal or State Agency 􀁾􀀧􀁨􀁡􀁶􀁩􀁮􀁧. r.egula tory powers 0 Any 􀁲􀁥􀁱􀁵􀁩􀁾􀁥􀁤 revis ions shall be made
and written notice thereof given to City; however, enforcement arid effect of the revision shall not begin 'for ninety (90) days following ,c=written notice to City of such 􀁣􀁨􀁡􀁉􀀱􀁧􀁾􀁯􀁟
(b) The following 􀁩􀁮􀁦􀁯􀁲􀁭􀁡􀁴􀁩􀁾􀁮 ,shall govern prohibitive 􀀬􀁣􀀺􀁾􀁾􀁤􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁥􀁳: (i) -'-----r:t". --;.;-City shall not discharge, any :O,f the following into the System
at a Poini'o.f Entry': storm water, groWld water, roof 􀁲􀁵􀁮􀀭􀁯􀁦􀁦􀁾􀀧 sub-surface surface drainage or water originat1.ng from dmvn spouts, yard drains,yard fountain and ponds" ,or
lawn sprays 0 In cases where, and in the opinion'of'Authority, the character of the Wastewater frbmany manufacturer or industrial plant,building or, other premises is such triat it will
damage'the System, or cannot be treated satisfactorilY,.in, the System" City shCill prevent it from'entering the'Systemuntilthe character of same is satisfactory to 􀁁􀁾􀁴􀁨􀁯􀁲􀁩􀁴􀁹􀁯
' (c) City shall not discharge any of the following sub-. I . 􀀭􀁲􀁾􀀧 stances, materials, waters or wastes into the System: (i) Any liquid having a temperature higher than 150 degrees
Fahrenheit (65 degrees Centigrade); (ii) Any water or wastes which contain wax, grease, oil, plastic or other substance that will solidify, or 'become discernibly viscous at temperatures
between 32 degrees to 150 degrees Fahrenheit; 12 ! ',1' 􀁾
, .:;1, , . . 􀁾 i' (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Any solids, slurries or viscous substances of such character as to be capable of causirg obstruction to the flow in sewers,
or other interference w{th the proper operation of the Wastewater System, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,'plastics, wood, whole
blood, paunch manure, hair and fleshlings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues or bulk solids; Any solids, liquids, or gases which by themselves
or by interactionHith other substances may cause fire or explosion 􀁨􀁡􀁾􀁡􀁲􀁤􀁳􀀬 or-in any other way be injurious 􀀬􀁴􀁯􀁰􀁥􀁲􀁳􀁯􀁮􀁾􀀬 property, or the operators of the Wastewater
System; Any garbage that has not been properly comminuted or shredded; Any noxious or malodorous substance, which either. singly or by interaction with other substances is capable of
causing ,?bjectionable odors, or hazard to life, or 􀁦􀁯􀁾􀁳􀀬􀁳􀁯􀁬􀁩􀁤􀁳􀀮􀁴􀁨􀁡􀁴􀀮will cause obstructions to flow ,.or creates' any' other condition deleterious to'structures or
treatment processes, or requires unusual provisions, alteration, or "expe'nse to handle such· subs tance; Any waters or wastes having a pH lower than 6 0 0, or higher than 10.0 or having
any corrosive property capable of causing,damage or hazards to structures, equipment, or personnel of the Waste-'water System; " Any wastes or waters containing suspended or dissolved
.solids· of such' charac't:er and quantity that unusual·attention or expense is required to handle such materials in the Wastewater 􀁓􀁹􀁳􀁴􀁾􀁭􀀻 Any waters or wastes containing a toxic
or poisonous substance, such as plating or heat-treating wastes, 'in sufficient quantity to 􀁾􀁮􀁪􀁵􀁲􀁥 or interfere with any wastewater treatment process, to constitute a hazard to
humans or animals, or to create any hazard in the receiving waters of the Wastewater Treatment Plant; Any wastes or waters exceeding the concentrations listed below: 13
, , ..,. 􀁾 .. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 140 15 • 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Antimony greater than Arsenic greater than Barium greater than 􀁂􀁥􀁲􀁹􀀱􀁬􀁩􀁵􀁭􀀭􀁧􀀺�
�􀀭􀁾􀁡􀁴􀁥􀁲 than Bismuth greater than Boron greater than Cadmium greater than Chromium (Hexavalent) greater than Chromium (trivalent) greater than Cobalt greater than Copper greater
than Cyanides greater than Fluorides greater than Hydrogen Sulfide greater than .Iron greater than Lead greater than Manganese greater than Mercury greater than Molybdenum greater than
Nickel greater than Phenol greater than Selenium greater than Silver greater than Tin greater than 􀁕􀁲􀁡􀁮􀁹􀀱􀁾􀁉􀁯􀁮 greater than Zinc greater than 0 001 mg/l 0.05 mg/l 5.0 mg/l 0.01
mg/l 0.5 mg/l 1.0 mg/l 0.02 mg/l 0.05 mg/l 500 mg/l 1.0 mg/l 1.0 mg/l 1.0 mg/l 1.5 mg/l 0.1 mg/l 0.3 mg/l 001 mg/l 1 0 0 mg/l 00005 mg/l 1.0 mg/l 1.0 mg/l· 00005 mg/l 0.02 mg/l 001 mg/l
1.0 mg/l 5.0 . mg/l 5.0 mg/l (d) 'City shall not-discharge into 􀁴􀁨􀁾􀁾 System waters or wastes containing: (i) Free or emulsified oil and grease exceeding, -on analysis, an average
of 100 mg/l (834 pounds per million gallons) of either, or both, or combinations of free or emulsified oil and grease, if, in the opinion of Authority, it 􀁡􀁰􀁰􀁥􀁡􀁲􀁳􀁰􀁲􀁯􀁢􀁾􀁢􀁬􀁥
that such wastes: 1. Can deposit grease or oil in the sewer lines in such manner to clog the sewers; 2. Can ,overload skimming and grease h. andling equipment; 3. Are not amenable to
bacterial action or other treatment processes then being employed by Authority and will, therefore, pass to the receiving waters without being affected by normal wastewater treatment
processes; or, 14 .j'. 'I,. 􀀬􀁾􀁉 􀀺􀀢􀀧􀀻􀁾 ro, -, '
.,." , .! 1· 4. Can have deleterious effects on the tre.atment process due to excessive quantities. (ii) (iii) (iv) Any radioactive wastes greater than the allowable releases·as specified
by current United States Bureau of Standards handbooks dealing with the handling of and release of radioactivityo . Cyanides or cyanogen compounds capable of liberating hydrocyanic gas
on acidification in eXCp.5S of 0.2 mg/l by weight (as CN). Materials which exert or cause: 1. Unusual concentrationsof·sol{ds or compounds; as, for example, in total SS of inert nature
(such as Fuller's Earth) and/or in total dissolved solids (such as 􀁳􀁯􀁤􀁾􀁵􀁭 chloride or sodium sulfate); 2. Excessive discoloration; 3. Unusual BOD or immediate oxygen demand 0 Section
4 0 04 0 􀁔􀁅􀁓􀁔􀁉􀁎􀁾􀀮􀁑􀁕􀁁􀁌􀁉􀁔􀁙􀁯 ·To determine quality of Was te'tvater , Authority will collect twenty-four.(24) hour composite samples of Wastewater at each Point of Entry
and cause same to be analyzed in ?ccordance with testing pr9cedures as set forth in the latest edition of Standard Methods of Examination of Water and 􀁗􀁡􀁳􀁴􀁥􀁾 water, published by
Americq.n PublicHealth Association, Inc o Composite samples will normally be taken once a month, or at more frequent intervals if necessary to determine Wastewater qualityo Such Waste-.
water shall not exceed the limits of concentration specified for Normal Wastewater as follows: Normal Wastewater Concentration 􀁾 '! 􀁾􀁴 BOD S8 pH, not less than Hydrogen Sulfide 250
rng/l 250 mg/l 6 nor greater 001 mg/l15 than 10
. 1 .. Should the analysis disclose concentrations higher than those listed, Authority will at once inform City of such 􀁤􀁩􀁳􀁱􀁵􀁡􀁬􀁩􀁾 􀁦􀁩􀁾􀁡􀁴􀁩􀁯􀁮􀀮 It shall be the obligation
of City to require the offending discharger of said highly concentrated materials to undertake remediaJ measures to bring discharge concentrations within acceptable limits. 1 Authority
will cooperate with City in reaching a satisfactory solution /but will not undertake to specify the measures that.willbe employed to bring those over-strength discharge concentrations
within acceptabll 􀁬􀁾􀁩􀁴􀁳􀀮 In some cases of over-strength Industrial Waste, the industry discharging the over-strength waste, and City, may be desirous, and Authority may be agreeable
to negotiate terms UDder which Authority will accept and treat the over-strength 􀁷􀁡􀁳􀁴􀁾􀁳􀀬 􀁟􀁾􀁵􀁴􀁁􀁵􀁴􀁨􀁯􀁲􀁩􀁴􀁹􀁭􀁡􀁫􀁥􀁳 no COffi."Ilitment to perform ·such service. 􀁓􀁥􀁣􀁴􀁩􀁯􀁮􀀴􀀧􀁾0
5. ADMISSION OF DISCHARGES CONTr\INING OONCENTRATIONS OF BOD AND/OR SS 􀁇􀁒􀁅􀁁􀁔􀁅􀁾 􀁾􀀺􀁎􀀮 'DlQSE PRESENT IN .. -. NORMAL WASTEWATER. If Wastewater at the Point or Points of Entry
contains concentrations of BOD greater than 250 mg/l and/or SS greater I . than .250 mg/l, approval must be obtained fr?IIll\uthority prior. to discharge of the Wastewater 􀁩􀁮􀁴􀀨􀁊􀀮􀁾􀁾􀁥
System. Charges made to City .,.-.. -" .-, -will include the Basic Charge as outlined in Article V of this contract, plus a surcharge for excess BOD and/or SS calculated in accordance
with the 􀁦􀁾􀁬􀁬􀁯􀁷􀁩􀁮􀁧 formula: 16 1 .. II 􀀭􀁾 :\: '';'' n"
.. 􀁾􀀧􀀱 . SC = (Q) (8.• 34) (a(BOD-250)" + b (SS-250)) where: SC = surcharge based-on excessive concentrations of BOD and/or SS (dollars per m9nth) Q = flow (million gallons per month)
a = annually adjusted unit cost of treatment, chargeable to BOD (dollars per pound of BOD introduced to System) b = annually adjusted unit cost of treatment, chargeable to 5S (dollars
per pound· of 5S introduced to System) The value of BOD and/or SS concentrations in this ca1cu1ation will be the average of values determined'by testing procedures as defined in Section
4.04, TESTING QUALITY,·except for the 'following condition: ObserVation of unusually high values of BOD and/or. SS in samples collected at the Wastewater treatment plantor' at'-'a Point
of Entry will prompt an intensive sampling and 􀁴􀁥􀁳􀁴􀁩􀁾􀁧 program to determine the Contracting Party responsible for these high values 0 Once the source of high concentration of
BOD and/or SS has been determined,' the responsible Contracting Party will be notified and, sample s ·will be collected and tes ted for four (4) continuous days. 􀁔􀁨􀁾 average, of the
BOD and SS values measured during these four (4) days will be considered as representative of the Wastewater being discharged to the System and will serve as the basis of the surcharge
during the month of observationo Any surcharge for overstrength Wastewater which Authority has agreed " to accept shall not be allocated among Contracting Parties discharging normal
Wastewater, but shall be ,applied only to the Contracting Party discharging such overstrength Wastewater. At any til,le that Authority determines that any service hereunder should be
suspended because City's Wastewaterdoes not meet 17 J ,!J 􀁾􀁵r' ,.'1 ,,', "II' :.-1' , . 1 I ..
·... 􀀮􀁾􀀺 1 . .-.. " standards herein established or that a surcharge will be applied, Authority shall furnish to City the data and expert opinion on which such determination was based
prior to cessation of service or appli-'cation of a surcharge. Section 4.06. INDUSTRIAL WASTES. The effects of certain types of Industrial Waste upon Wastewater and Wastewater treatment
processes are such as to require that careful consideration be made o£ each 􀁩􀁮􀁤􀁵􀁳􀁴􀁲􀁾􀁡􀁬 connection. This is a matter of concern both to 􀁁􀁵􀁴􀁨􀁯􀁲􀁾􀁴􀁹 and to City. Accordingly,
Authority, upon request,by City, will work jointly in processing applications for discharge of Industrial Waste into any sewersultirnately discharging into Authority's System. The City
covenants that it will have in effect and will enforce an industrial waste:ordinance acceptable to Federal and State agencies or departments having lawful jurisdiction to set standards
for waste discharges. An industry in City in an area being served by Authority's System seeking to connect to the City's Domestic Wastewater system shall make an application to the City
for an Industrial Waste disposal pennit and shall file therewith a statement containing thefollo'\ving information: (a) Name and address of applicant; (b) Type of Industry; ,(c) Quantity.of
plant waste; (d) Typical analysis of the waste; (e) Type of pre-treatment proposed. City will allow Authority access to City records to gather information and data that will be useful
to Authority as statistical data for planning the operation, improvement and expansion of Authority's 'treatment facilities. 18 i J ,·:r 􀁾􀀱 . : t:·
􀀮􀁾 􀀮􀁾􀁪 􀁾 . J 􀁾 ''I. ..;' ARTICLE V FISCAL PROVISIONS Section 5.01. FINANCING 0 Authority will pay for the cost of construction of the improvements contemplated herein, and will
issue its Bonds, from time to time, in amounts necessary which, together with other available funds, will be sufficient to accomplish such construction. Section 5.02. ANNUAL REQUIREMENT•.
It is acknowledged and agreed that. payments to be made under this contract and similar contracts with other Contracting 􀁐􀁡􀁲􀁴􀁩􀁾􀁳 and Additional Contracting Parties will be the
only source available to Authority to provide the Annual Requirement; and that the Authority has a statutory duty to establish and from-iime to time to revise the charges for services
to be rendered and made available to City hereunder" so that the Annual Requirement shall at all times be not less than an amount sufficient to payor provide. for the payment of: (a)
The net amount paid or payable for all Operation and l-1aintenance Expenses;· . (b) the principal of of and the interest on Outstanding Bonds and Bonds, as such principal and interest
become due, .less interest to be paid out of Bond proceeds as permitted by the Bond Resolution and less any other funds on hand for payment of principal and interest on the Bonds and
Outstanding Bonds; _"J (c) during each Fiscal Year, the proportionate part of any special or reserve funds required to be established and/or maintained by the provisions of the Bond
Resolution and/or any resolution authorizing Outstanding Bonds; and (d) an amount in addition thereto sufficient to restore any deficiency in any of such funds or accounts required to
be accumulated and maintained by the provisions of the Bond Resolution and/or any resolution authorizing Outstanding Bonds. 19 I .i· ,
'."_J" ..j,' 􀁾. ""' .. Section 5.03. PAYMENTS BY CITY. (a) For services to be rendered to City by Authority hereunder, City agrees to pay, .at the time and in the manner hereinafter
provided, its proportionate share of the Annual Requirement, which shall be determined as follows and shall constitute City's Annual Payment: (i) For the Fiscal Year 1973, the City's
proportionate share of the Annual Requirement shall be a percentage obtained by dividing City's estimated annual contributing flow to the System by the .total estimated annual contributing
flow to the ___ System by all Contracting Parties. The following tabulation shall apply for 1973: 1,544,081'-' 364,575 1,193,804 .514,694 1,318 ,188' "I;CONTRACTING . , Arlington' '-'..
-':..' ..1,769,975 Carrollton' .... ..1;050.833 . (includes Coppell) Dallas ''c: . D/FW Airport Euless Bedford Farmers Branch (includes Addison) . Grand 􀁐􀁲􀁡􀁩􀁲􀁩􀁥􀁾􀀲􀀬􀀲􀀷􀀷􀁾􀀵􀀲􀀰􀀭􀀰􀁾
Irving :..: '.:. ::_':.: 4,263,380 14,297,050 Percentage of 'Total 12.38 .. 7.35 10.80 2.55 8.35 . 3.60 9.22 15.93 29.82 100.00 .,.. City's Annual Payment for the Fiscal Year 1973 shall
be calculated by multiplying City's percentage from the above tabulation.times the Annual Requirement. City's Annual Payment shall be made to Authority in twelve (12) 􀁥􀁱􀁵􀁾􀁬 monthly
installments. In the . event Authority is unable to offer service under this contract to City for the complete Fiscal Year of 1973, City's Annual Payment shall be reduced to the prorata
portion of the Fiscal Year for which service is provided. Such payments shall be made in accordance with and at the times set forth in a Schedule of Payments for 1973 which 20 􀁬􀀧􀀻􀀡􀀢􀁾
"..􀀺􀁾 􀀻􀁔􀁾􀀮 r"'" I' \
, 􀀮􀁾 i ' ... ,; which will be supp1iea to City. At the close of the 1973 Fiscal Year, Authority shall redetermine City's percentage by 'dividing City's actual metered contributing
flow to the System by the total actual metered contributing flow to the System by all Contracting Parties. City's Adjusted Annual Payment shall be calculated by multiplying City's redetermined
percentage times the Annual Requiremente The difference between the Adjusted Annual Payment and the Anriua1 Payment, if any, when determined, shall' be applied as a credit or a debit
to City's account with Authority and shall be credited or debited to City's·' next subsequent monthly payment or payments. (ii) For the Fiscal Year 1974 , and-each succeeding Fiscal
Year thereafter, City's proportionate share of the Annual Requirement shall be a percentage .obtained by dividing:tity's estimated . -'contributing flow to the System for -su.ch year
by the total estimated contributing flow to the . System by all Contracting Parties and Additional Contracting Parties being served at the beginning of each such year.-Calculation of
Annual Payment as determined herein and AJjusted Annual Payment for 1974 and each 􀁳􀁵􀁣􀁣􀁥􀁥􀁤􀁩􀁮􀁧􀁟􀁆􀁩􀁳􀁾􀁡􀀱Year thereafter shall be determined in the manner described in (i)
􀁡􀁢􀁯􀁶􀁥􀁾 -. (b) If, during any Fiscal Year,Authority begins providing services to an Additional Contracting Party or Parties, City's Annual Payment for such Fiscal Year shall be
redetermined in the following manner: (i) Such Additional Contracting Party or Parties estimated contributing flow to the System for such year, or portion thereof, shall be . determined
by Authority; (ii) City's proportionate share of the Annual Requirement shall be a percentage, redetermined by dividing City's estimated annual contributing flow 21 l,"'; !. '1
I .,-􀀺􀁾 Ii . 􀁾 to the 􀁓􀁹􀁳􀁾􀁥􀁭 by the total estimated annual contributing flow to 􀁴􀁾􀁥 System by all Contracting Parties,' including that estimated for the Additional Contracting
Party or Parties for the remaining portion of such Fiscal Year; (iii) Authority shall redetermine the Annual Requirement, taking into consideration any costs' incurred on account of
the Additional Contracting Party or Parties; (iv) City's Annual Payment shall be redetermined by multiplying City's redetermined percentage times the redetermined Annual Requirement.
(c) City's Annual Payment shall also be redetermined, in the manner set out above, at any time during any Fiscal Year if: (i) Additions, enlargements or improvements to the System are
constructed by Authority to provide continuing service which in turn requires a redetermination:of·the Annual Requirement; or o· • ( •• ) ••• 0 􀀮􀁾􀁾 Unusual '-or extraordinary expenditures
for operation and maintenance are required which are not provided-.for' inc the ,Annual.. Budget or in the Bond .Resolution, or 􀁜􀁾􀁜 "_ -i._ i.'-_:;....! -j (iii) City's contributing
flow to the System, after L... .... tbe-beginningof the Fiscal Year, -is estimated to be substantially different from that on which .Annual-Paymert􀁴􀁳􀁾􀀧􀀮􀀺􀁣􀁡􀁲􀁥 based as de termine
d by Authority, to the extent that such difference in -'0 􀁾􀀮􀀭 􀁾􀀮􀀭 flow will subs tan tially affect-City' s Budget, and consequently City's Annual Payment to Authority.-(d) The
Annual Payment set forth in this section shall be considered the Basic Charge for service hereunder, and City shall pay a surcharge'for excess BOD and/or SS determined in the manner
set forth in Section 4.05. (e) Recognizing that the Authority will use payments received from 'City to pay, secure and finance the issuance of the Bonds, it is hereby agreed that upon
the effective date of this contract, City shall be unconditionally obligated to pay its proportionate share of the debt service on the Bonds, regardless of whether 22 .. rlJ-􀁾 􀀭􀁾
.􀁾􀀧􀀱 􀀮􀁾 "r 􀁾􀀺􀀧􀀢􀀢􀀧 rT .'
,.. .' /􀁾•• or not the Authority is actually receiving Wastewater hereunder, or whether or not City actually discharges Wastewater 􀁨􀁥􀁾􀁥􀁵􀁮􀁤􀁥􀁲􀀬 whether due to Force Majeure
or otherwise. In such event, the amount due shall be a percentage of the debt service on the Bonds for the period of such failure of service hereunder. Such percentage shall be determined
by dividing the amount of Wastewater 􀁡􀁣􀁴􀁵􀁡􀁬􀁾􀁹 discharged into the System by City in the month preceding 􀀭􀁾 . cessation of service hereunder by the total amount of Wastewater
discharged into the System by all Contracting Parties and Additiona1 Contracting Parties for the same period. In the event 􀁾􀁥􀁲􀁶􀁩􀁣􀁥 hereunder is never begun, the percentage of
Debt Service for Bonds outstanding at the time of such failure of service hereunder for City shall be 5.92%. (f) On or before August lof each year Authority will furnish City with an
estimated schedule of moathly payments to be made by City for the ensuing Fiscal Year.Orior before November 1 of each year, Authority shall furnish City with a finalized schedule of
the monthly payments to ·be made by such City to the Authority for the ensuing Fiscal Year. City hereby agrees that it will make such payments to the Authority. on 9r before the 10th
day of each month of such Fiscal 􀁾􀁥􀁡􀁲􀀮 If the City at any time disputes the amount to be paid by it to Authority, City shall nevertheless promptly make the payment or payments determined
by Authority, and, if it is 􀁳􀁵􀁢􀁳􀁥􀁾􀁵􀁥􀁮􀁴􀁬􀁹 determined by agreement, arbitration or court .decision that such disputed payments made by City should have been less, Authority
shall promptly revise and reallocate the charges among all parties then being served by Authority in such manner 23 􀀺􀁾􀀧 . . f' 'l: " " . '.
.Ii . 1 '.' .' ,. .... ':,that City will recover its overpayment. In the event City is assessed a surcharge for excess BOD and/or 55, Authority will bill City for such surcharge on or
before the fifth (5th) 􀁤􀁾􀁹 of the "-month following the detennination of the surcharge and City shall. pay such surcharge on or before the tenth (10th) day of the month of receipt
of any such bill. Any such surcharge collected by Authority shall be applied by 􀁁􀁵􀁴􀁨􀁯􀁾􀁩􀁴􀁹 against the total cost of Operation and Maintenance Expense of the System. (g) If City's
Annual Payment is redetermined as is herein "provided, Authority will promptly furnish City with an updated schedule of monthly payments'reflecting such redetermination. (h) All interest
inc,omeearned by the investment of any Funds created in the Bond Resolution shall be taken into account in determining the. Annual; 􀁒􀁾􀁱􀁵􀁩􀁲􀁾􀀡􀁩􀁬􀁥􀁮􀁴􀀮 , -􀁾􀀬􀀭􀁟􀀮􀁾 ._-ARTICLE
VI GENERAL PROVISIONS Section 6.01. CONSTRUCTION. Authority' agrees to proceed promptlY,_with t:he, construction of, the· facilities 'necessary to the . '.-. , 􀁰􀁥􀁲􀁦􀁯􀀻􀁴􀀧􀁬􀁬􀁬􀁡􀁾􀁣􀁾
,9f. 􀁩􀁴􀁾 ob ligations hereunder 􀁾􀀢 Authority shalt not be ,I 􀀧􀀮􀁾... :, .. 􀁾 •. ' ." -.... 􀀮􀁾 liable to the 􀁃􀁾􀁴􀁹􀁟 for any',damages occasioned by delay in 'the '" ' commencement
of such service to City. After Authority has notified City of readiness to accept such Wastewater, at the Point or Points of Entry, Authority shall, subject to other terms and conditions
of , . this contract, continually hold itself ready, willing and able to supply such service to City. Liability of the Authority under this covenant shall be subject to the provisions
of Section 6.02 of this contract. Authority agrees to maintain and provide service to City with existing facilities until such thne as construction of additional or replacement facilities
are completed. 24 j -. 􀀮􀁾 "i
/.c. i 􀁾 I Section 6.02. Cl)NDITIONS PRECEDENT. It is expressly. understood and agreed that any obligation on the part of the 􀁁􀁵􀁾􀁨􀁯􀁲􀁩􀁴􀁹 to complete and operate the said facilities
shall be conditioned upon the following: (a) Sale of Bonds in an amount which, together with other available funds, will be sufficient to assure the construction of the System; (b) The
Authority's ability, or the ability of the Authority's contractors, to obtain all .material, labor and equipment 􀁮􀁥􀁣􀁾􀁳􀁳􀁡􀁲􀁹 for completion. of the System. (c) Execution of contracts
in substantially the form of this· contract with Arlington, Bedford, Carrollton, Dallas, Dallas-Fort Worth Regional Airport Board, Euless, Farmers Branch, Grand Prairie and Irving; (d)
Release,,; by .the Trus tee of the_.Trus t Indenture. Section 6.03. OBLIGATIONS OF CITY. Authority shall never have the right to demand payment by City of an)t obligation 􀁡􀁳􀁳􀁾􀁥􀁤
or imposed on it under and by virtue of this contract .."," from funds raised or to· be raised by taxation, it being expressly J.l.nderstood by the parties hereto that all paYments due
by City hereunder ·are to be made from. the revenues and income received by City from its waterworks and sanitary sewer systerns,·as authorized by Section 3 of Article 1109i,Vernob's·Ann6tated
Civil Statutes. Section 􀀶􀁾􀀰􀀴􀀮 PAYMENTS TO CONSTITUTE OPERATING EXPENSES BY CITY. City represents and covenants that the serVices to be obtained pursuant to this contract are essential
and necessary to the operation of City and its Local Hastewate.r Facilities, and that all 􀁰􀁡􀁾􀁾􀁥􀁮􀁴􀁳 to be made hereunder by it will constitute reasonable and necessary "operating
expenses" of City's waterworks '25 . 􀂷􀁲􀁾 '. r"·· ,.;.
. ,--.• .1 .. i • •• 10 i 􀁾􀀬and sanitary sewer sys terns, within the meaning of Article 1113, Vernon's Annotated Civil Statutes, and the provisions of all Ordinances authorizing the
issuance of all revenue bond issues of , City which are payable from revenues of'City's waterworks 􀁡􀁮􀁤􀁾􀁥􀁜􀁶􀁥􀁲 systems. Section 6.05. CITY TO ESTABLISH ADEQUATE RATES. City agrees
to establish and collect such rates and charges for Waterworks and Domestic Wastewater services to be supplied by its Waterworks and Domestic Wastewater systems as will make possible
the prompt payment of all expenses of operating and maintaining its Waterworks and Domestic Wastewater systems, including all payments contracted hereunder, and the prompt payment of
the principal of and interest on its obligations, if any, payable from the revenues of its Waterworks and Domestic Wastewater systems. Section 6.06. USE OF PUBLIC PROPERTY. By these
presents, City authorizes use by the Authority of streets and general utility .---or sewer easements of of City for construction, operation and maintenance ." of the Authority's System,
so long as such use by the Authority does not interfere with any lawful use by the City, and subject to all of City's Ordinances respecting the manner of "such use and restoration of
lands, pavement or improvements resulting from exercise of the rights provided in this section, including the cost of relocation as an expense of the Authority's System. Authority will
work with City and cooperate in the timing, planning and installation timetable of all facilities to be constructed and installed by Authority. Section 6.07. USE OF REVENUES OF SYSTEM:
All revenues received from any source whatsoever by Authority by reason of its ownership of this System shall, to the extent permitted by law, 26 " 􀂷􀂷􀂷􀀺􀁲􀁉􀀺􀁾􀀻􀀻􀁲􀀺􀁲􀁦􀀧􀂷􀂷􀁔􀀺􀀧􀀺􀀺􀀺􀁾􀁟�
�􀁾􀀢􀀻􀀧􀁾􀀼􀁔􀀺􀀧􀁾􀁾􀁲􀀭 I "j I ' '; "i.· _. i" """ .... \
J • t .becredited to the funds of the System as es tablished in the Bond Resqlutions. To the extent permitted by law, if the Authority receives income from the use of treated Wastewater,
prior to its 􀁤􀁩􀁳􀁣􀁾􀁡􀁲􀁧􀁥 into a public strealU of the State of Texas, the Authority will apply said income against the Operating and Maintenance Expense of the System. Provided,
that revenues received by Authority from the Dallas-Fort Worth Regional Airport Board under contract dated July 16, 1971, ,as amended, and any revenues received under contracts, the
revenues from which are pledged to the payment of special facility bonds, as "permitted in the Bonel Resolutions, shall not be credited to said funds of the System and will not be -a
part of the pledge of revenues for payment of the Bonds. Neither shall any revenues received by the Authority under 􀁾􀁾􀁣􀁯􀁮􀁴􀁲􀁡􀁣􀁴􀁳 where the Authority is acting as a signatory
to the Texas Water Pollution Control Compact be 􀁩􀁮􀁣􀁬􀁵􀁤􀁥􀁤􀀧􀁡􀁳􀁾􀁡􀀧􀁰􀁡􀁲􀁴􀀭􀁯􀁦the pledge of revenues for payment of the Bonds.' No -, funds derived from the Contracting Parties
shall ever be used 'for the benefit of any 'project the revenues of-which have been excluded from the pledge for payment of the Bonds hereunder or which may be so excluded in the future.
Section 6.08. FORCE MAJEURE. 􀁾􀀭 -In case'by reason of "Force Majeure" either party hereto shall-be rendeJ;ed unable wholly or 􀁩􀁾 part to carry out its obligations under this agreement,
then if such party shall give notice and full particulars of such "Force I Majeure" in writing to 'the other party 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 of City to make the payments required in Section
5.03(e) hereof, shall be suspended during the continuance of the inability then claimed, _but for no longer periods, and 2ny such party shall endeavor to remove or overcome such inability
with all reasonable dispatch. ?'7 "IT'" -1\ ... -,,-, , .'-'We!'";!'':;'-''' f:, ;', ,-
􀀬􀀬􀀯􀁾 ..• . . The term "Force Majeure" as employed herein, shall mean acts of G9d, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of
the Government 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 􀁡􀁣􀁣􀁩􀁤􀁥􀁾􀁴􀁳􀁴􀁯 􀀬􀁭􀁾􀁣􀁨􀁩􀁮􀁥􀁲􀁹􀀬 pipe lines
or canals, " partial or entire failure of water supply, and inability on part of City to provide water necessary for operation of its water and Domestic Wastewater system hereunder,
or of Authority to receive Wastewater on account 􀀿􀁾 any 􀁯􀁾􀁨􀁥􀁲 causes not reasonably within the control of the party 􀁣􀀬􀁾􀀬􀀧􀀺􀁬􀁩􀁾􀁾􀁮􀁧 such ,inability. D It is unders tood
and ..---". -agreed that the 􀁳􀁥􀁴􀁴􀁬􀁥􀁾􀁥􀁮􀁴__ 􀁯􀁾􀀮􀀢􀁳􀁴􀀺􀁲􀁩􀁫􀁥􀁳 and lockouts shall be entirely within the discretion of the party having the difficulty, d. • _. • _ 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 to it in the judgment of the party having the difficulty. Section 6.09. INSURANCE. The Bond Resolution will contain
appropriate provisions requiring Authority to carry insurance for purposes and in amounts which would ordinariLy be carried by a privately owned utility company under contract to perform
serviees similar to those undertaken by Authority in this contract. Such provisions will be so designed as to afford protection not only for the holders of the Bonds but to assure and
facilitate, to the extent feasible and practicable, the restoration 28 .-􀁾􀁾􀀻􀁾􀁊􀁾􀀺􀀡􀁲􀁩􀀮􀁉􀁴􀁽􀂰􀀺􀀷􀁩􀀻􀀻􀀱􀀻􀀺􀁾􀁩􀁦􀁾􀁲􀀵􀀱􀁾􀁾􀀱􀁦􀁕􀀡􀁻􀁲􀀻􀀻􀀡􀀮􀀡􀀭􀁾􀁾􀁾􀀱 O! •􀀢􀁾􀁩􀀧
. I
,􀁾􀀢􀁾􀁯􀂣 damaged or 􀁤􀁥􀁳􀁴􀁾􀁊􀁹􀁥􀁤 properties and to min1mize the interruption . . . of service to City and others. Section 6.10. REGULATORY BODIES. This contract shall be subject
to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Texas or any governmental body or agency having lawful
jurisdiction or any authorized representative or agency of any of them. Section 6.11. ADVISORY COMMITTEE: The City's governing body shall annually appoint one of the members of its governing
body or one of its officers as a voting member of the Advisory Committee for the Authority's Central Wastewater Treatment System. Said Committee shall be comprised of one voting representative
of each Contracting 􀁾􀁡􀁲􀁴􀁹􀀧􀁡􀁮􀁤 Additional Contracting Party. Additionally, the Board 'of' Directors of the Authority shall annually appoint to serve as nonvoting members of the
Advisory Committee one of its Dallas County Directors and one of its Tarrant County Directors. The Advisory Committee, at its first called meeting, shall 􀁾􀁬􀁥􀁣􀁴 a Chairman, a Vice
Chairman and a Secretary. The Advisory Committee shall establish bylaws governing the election of officers, meeting dates and other matters pertinent to the functioning of the Advisory
Committee. The Advisory Committee shall consult with and advise the 􀁁􀁵􀁴􀁨􀁯􀁲􀁩􀁾􀁹􀀬 through its General 􀁾􀁡􀁮􀁡􀁧􀁥􀁲􀀬 with regard to the following matters pertaining to the 􀁓􀁹􀁳􀁴􀁥􀁾􀀺
(i) Future pl?ns for expansion; (ii) Methods for improved service; (iii) The inclusion of Additional Contracting Parties; (iv) The proposed Annual Budget, prior to its'submission by
the Authority's General Manager to the Authority's Board; 29 􀁾 .... 􀀮􀀬􀀮􀂷􀂷􀁾􀂷􀀧..􀂷􀀷􀁟􀁾􀁾􀂷􀁾 􀀧􀀺􀀬􀀮􀁾•., 􀁉􀁱􀂷􀀬􀀧􀁾􀀭􀀧􀀺􀀮􀀺􀁾􀀺􀀧􀁦􀀮􀀩􀀧
􀁾 ." i. • i (v) Review of the Annual Report and Annual Audit; and (vi) All such matters as relate to its management, operation and maintenance. Said Committee shall inspect, no less
than annually, all physical elements of the System. A copy of the minutes of the meetings of the Advisory Committee and all other pertinent data, shall be provided to the Authority's
Presidento 'The term of membership on the Advisory 'Committee shall be for twelve (12) months, beginning on December 1st of each year and ending on November 30th of 􀁾􀁨􀁥 succeeding
year. A member may , serve more· than one (1) term if so appointed by the governing body represented. The Authority's General Manager, or his designated representative, shall serve ex
officio as a member of the Advisory Committee without voting rights. All expenses of the Advisory Committee shall be considered as an operating expense of the System. Section 6.12. AUTHORITY
OJNTRACTS WITH OTHERS. The Authority reserves the right to contract with other persons, .. . natural or, corporate, private or public, to.perform services similar to those to be performed
under this contract or other services; provided, however, that no contract will be made for service within City's City limits or within the extraterritorial jurisdiction of any City,
as defined, in Article 970a, Vernon's Annotated Civil Statutes, on the date of such contract, without such City's written consent. Section 6.13. ADDITIONAL CAPACITY AND FACILITIES. As
the responsible agency for the establishment, administration, operation and maintenance of the System, the Authority will, from -"'J,O "':'􀀱􀀢􀀧􀀡􀁾􀀧􀁾􀀧􀀧􀀧􀀧􀁔􀀧􀀧􀀧 􀀢􀀢􀀧􀁭􀀧􀁳􀀻􀁾􀁮􀁆􀀢􀀢􀀢
.. .'; : ,;1"' ; t ,. '.
.. .. • • • ,I .' .. :.;' ':time to time, determine when -it is necessary to provide additional facilities to receive, transport, treat and dispose of auditional Wastewater of the 􀁃􀁯􀁮􀁴􀁲􀁡􀁣􀁴􀁾�
�􀁧 Parties and any Additional ContractingParties. In making the determinations called for herein, Authority covenants that such determinations will.be made only -after detailed studies
of statistical data available as to the need and feasibility have been made and after consulting with the Advisory Committee, consulting engineers and financial advisors. City will be
kept advised at all times of planning and proposed 􀁤􀁥􀁶􀁥􀁬􀁯􀁰􀁭􀁾􀁮􀁴 of the System. In no event shall any contract with an Additional Contracting Party be on terms more favorable
than is available to City hereunder unless the governing body of City shall approve such contract. Section 6.14. CITY CONTRACTS WITH OTHERS. City shall have the right to enter into contracts_with
other persons outside the City limits of _City" natural or corporate, private or public, to receive Wastewater from such persons. City covenants that it will advise Authority of all
such contracts and 􀁾􀁩􀁬􀁬􀀬 if requested by Authority, furnish Authority with a, copy: 0cf such contracts. Section 6.15. ANNUAL --REPORT AND AUDIT OF SYSTEM. The Authority shall, at
the close of each Fiscal Year, cause to be prepared an-Annual Report and Audit of the System. Such report shall contain such matters and information as may be considered necessary and
useful by Authority and the Advisory Committee. Section 6.16. PUBLICATIONS, REFERENCE WORKS, GOVERNMENTAL REGULATIONS. In each instance herein where reference is made to a publication,
reference work or Federal or State regulation, it is the intention of the parties that at any given time the then current edition of any such publication of reference work or Federal
or State regulation shall apply. If a publication or reference work is discontinued or ceases to be the generally accepted wark 1· n 1. t S f·12 ld or 􀀱. 􀁾.c COn•Q.1tl.ons,cnange or
new 􀁾􀁥􀁃.􀁬t􀁉-􀁏􀁑'􀁓 3l 􀁾 1 􀁾 :; ;i ·.'f 􀁾􀀧􀀻􀀢􀀭􀀧 􀁲􀀻􀀢􀁾􀀻􀀻 ;' 1 "
, • .I ..... . ... ? • • .. (*' '" ...-oI: processes are implemented by the Authority, new standards shall ;.. 􀀺􀀢􀀧􀁾 ;:',"': be adopted which are in compliance with State and Federal
laws and any valid rules' and regulations issued pursuant thereto. 􀀢􀁾􀀢 " i,' . 'I Section 6.17.. .OPERATION OF ,THE SYSTEM. Autho'rity covenants that it will operate the System in
accordance with accepted good busines and engineering practices and in accordance with requirements of the Fed, eral Water Pollution Control Act, as amended, and as said Act may be amended
in the future, and any rules and regulations issued and to be issued by appropriate agencies in the administration of said Act. City and "Authority agree that their obligations hereunder
shall include compliance with the requirements made under said Act, and any rules and regulations issued pursuant thereto. Upon sale of the first issue of 'Bonds, Authority will immediately
commence actions designed to eliminate odors caused by the ponds of Authority's present present System. It is ,the intention of Authority to proceed as rapidly as possible with the design
and construction of new facilities 􀁴􀁾􀁥􀁾􀁩􀁭􀁩􀁮􀁡􀁴􀂧 all known sources of odor. ARTICLE VII AUTHORITY ANNUAL BUDGET 􀁓􀁥􀁾􀁴􀁩􀁯􀁮 7.01. FILING WITH CITY. Not less than forty (40)
days before 􀁴􀁨􀁾 commencement of the second 􀁆􀁩􀁳􀁣􀁡􀁾 Year and -_.-..-not less than forty (40) days before the commencement of each Fiscal Year thereafter while this contract is
in effect, Authority shall cause to be prepared as herein provided its tentative budget for the operation of the System only for the next ensuing Fiscal Year. A copy of such tentative
budget shall be filed with each Contracting Party and Additional Contracting Party. If no protest or request for a hearing on such tentative budget is presented to Authority within ten
(10) days after such filing of the tentative budget by one or more Contracting Parties or Additional Contracting Parties; the tentative budget for the System, when adopted by Authority's
Board of Directors, shall be considered for all purposes as the II .. 􀁾􀀬 " ' 􀁾 .... 􀁾 :"". " --􀁾􀀧􀀮 􀁾 ••􀁾􀁾􀀺 􀁩􀁾􀀮􀀢 -, , 􀁾 '; 􀁾 i 􀁾􀀮 􀁾􀁰 􀂷􀀭􀁾􀀱􀁴􀀺􀀺􀀮 --:::<t 􀁦􀁾􀁔􀀱􀁓􀁩􀀮􀁩􀀮􀁩�
�􀂷􀀺􀁧 F": 􀁾􀀬 ,_. ':! 1 'I' -'t 􀀭􀀮􀁾􀀮 ',:: 􀀧􀀭􀁾 ..
:t.40 . . .,,'" .... . .. r ,;. ,F)'" .. <i' . Year. But if protest or request for a hearing is duly filed, it shall be the duty ofthe Authority to fix the date and time for a hearing on the tentative budget before the Advisory -Committee as constituted in Section 6.11 hereof and shall so advise all Contracting
Parties and Additional Contracting Parties in writing. The Advisory Committee shall consider the testimony and showings made in such hearing and shall report its findings to the Board
of Directors of Authority. The Board of Directors of Authority may adopt the budget or make such amendments thereof as 􀁴􀁾 it may seem proper. The budget thus approved by the Board
• of Directors of the Authority shall be the Annual Budget for the next ensuing Fiscal Year. The Annual Budget may be amended to provide for trans--fers of budgeted funds between expenditure
accounts, provided however that said transfers do not result in an overall increase . in\budgeted funds as approved in the Annual Budget. The Annual :(. Budget may be'increased through
formal action by the Board of Directors of Authority. Certified copies of the amended Annual Budget and 􀁲􀁥􀁳􀁯􀀱􀁵􀁴􀁩􀁯􀁾 shall be filed immediately by the Authority with each Contracting
Party and Additional Contracting Party. ARTICLE VIII EFFECTIVE DATE AND TERM OF CONTRACT Section 8.01. EFFECTIVE DATE. This contract shall become effective as of the date and time of
the release of the I Trust Indenture by the Trustee, as shown on said 􀁲􀁥􀁬􀁾􀁡􀁳􀁥􀀬 and as communicated in writing to City. Provided, the quality 􀁾􀀳 .. "J 􀁲􀀻􀀺􀀡􀁩􀀭􀀬􀀿􀁰􀀺􀀧􀁨􀀺􀁔􀁾􀁉􀀧􀁖􀀺�
�􀁾􀁾􀁆􀁾􀀡􀀢􀀬􀀺 ,,
.1, .-􀁾 '1 .. . ,, f. /. " .-':1:"stan,dards specified in Article IV'hereof shall not go into effect for a period of 120 days 􀁾􀁲􀁯􀁭 the date the last of the Contracting Parties executes
a contract in substantially the form and content of this contract. During such 120 day period, the quality standards to be in effect shall be those'contained in contracts executed in
1957 between Authority and the Cities of Dallas, Farmers Branch, Grand Prairie and Irving. As of the date and time of the 'release of the Trust Indenture by the Trustee, this ,.,contract
shall constitute the sole and only contract. between City ,and Authority regarding Wastewater disposal services, and it is agreed, that as of such date, that· certain contract dated
as of .' April 18, 1957, between City and Authority, shall become null and void and of no further force and effect. It is further provided and agreed that any and all contracts between
City and Authority in which City grants to Authority the right to the use of City's surplus ,capacity in Authority's System and/or provides for credits to City in return for such use
shall become null and void and of no further +orce and effect as of the date of release by Trustee of the' "Trust Indenture. Section 8.02. TERM OF CONTRACT. This contract shall continue
in force and effect from the effective date hereof for a period of fifty (50) years, and thereafter shall continue in effect until any Outstanding Bonds, Bonds, or any Bonds issued to
refund .same, if any', have been paid in full. City shall have the right to the continued performance of services provided hereunder for the useful life of the System after amortization
of Authority's investment in the System, upon 􀁰􀁡􀁹􀁾􀁥􀁮􀁴 of charges by City, reduced to take into consideration such amortizotion. 34 H 􀀧􀁾 "
4' 􀁾􀁲 .y . 􀁾 􀁾􀁾􀀱 􀁾􀀮􀀭 IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this contract to be duly executed in several
counterparts, each of which shall constitute an original, all as of the 1973. & day of 􀁾􀁍􀀮􀀺􀀺􀀻􀀻􀁴 ? ATTEST: 􀁤􀀮􀁉􀀯􀁾􀀧􀁾 􀁬􀁩􀁾 􀁾􀁃􀁩􀁴􀁹 Secretary 􀀨􀁓􀁾􀁾􀀩 : 􀁾 TRINITY RIVER
AUTHORITY OF TEXAS 􀁂􀁙􀁾􀁾􀁾 General Manager CITY OF FARMERS BRANCH, TEXAS 􀁂􀁾􀁾 􀁾􀀻􀁦􀀣􀀴􀁾􀀲􀀭􀁺􀀯 . . =i M or ,':"" J\\ 􀁾􀁾􀁴􀁾 􀁴􀁾􀁦􀀻􀁪􀀮 "" m's" 'I, "eo .:JJ ",1