. '" 12,000 ot?O s ., !I<Xdah 􀁾􀁫􀁾􀁊 􀀺􀀻􀀭􀀲􀀭􀁾􀁯􀁯􀀽􀀭􀁣􀀾􀀭 􀁬􀁫􀁾􀁰 ?k:e 1: i ' ! ..1\ 􀁾 .I' . ... __􀁾􀀮__... . 􀁾__. . . .. . .. . ._" .. .__. 􀁾 􀁾􀁾􀁟
Sue Ellen Fairley To: Subject: Importance: M: Mike, Murphy FARMERS BRANCH -WHOLESALE TREATED WATER CONTRACT High Tanya advises the reason Farmers Branch does not have a signature on
subject contract is because they protested the contract and refused to sign, Even though Farmers Branch was in violation of a contract, Dallas could not terminate their water service
because it was an "Endanger the health oL" situation. . In August 1990, Dallas and Farmers Branch did reach an agreement and a contract was signed. Tanya was not comfortable with faxing
a copy of the new contract until she had talked to someone from F.B. I advised her not to worry about it unless she heard from you.1
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 AGR,E. EMENT 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 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, ill 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
covenanisand 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 limitedto, 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 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 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 􀁯􀁾 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 Licl?nsee 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 terms "hazardous
substance" and "release" shall have the meanings specified in CERCLA, _or future laws pertaining to the health and environment, and the terms "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 term 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 harmless 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 termination of the License. 11. Maintenance of Completed Improvements. After the Permitted 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, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor's
use of the Property, the Licensee 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. 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 an4 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, arisipg 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 orcanceled 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 F_armers 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 Bound. This Agreement shall be binding upon and inure to the benefit of the executing
parties and their respective heirs, personal representatives, successors arid 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 !J -r.!J day of 􀁖􀀭􀁥􀀭􀁾􀁥􀀮􀀮􀁮􀁴􀀶􀁾􀁲 , 1994. LICENSOR: CITY OF FARMERS BRANCH, TEXAS 'cll rd L. Escalante, City Manager 6 UCENSEE: TOWN
OF ADDISON, TEXAS 􀁒􀀭􀁜􀁾 Ronald Whitehead, City Manager
ATTEST: 􀁾􀁾􀁌􀁌 Ruth Ann Parish City Secretary APPROVED AS TO FORM: b:\sisrowli.agr/agreementsII 7 /ATTEST: 􀁾􀁁 􀁴􀁰􀁜􀁾􀀬􀀭􀀭􀀭􀀭 Carmen Moran City Secretary APPROVED AS TO FORM:
􀁌􀀯􀁌􀁌􀁾􀀻􀀯 City Attorney II /
·.: EXHIBIT A DESCRIPTION MARSH LANE 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-WAY LOCATED IN THE CITY OF FARMERS BRANCH ADJOINING THE 2ND REPLAT OF WOODED CREEK ESTATES AS RECORDED IN VOLUME 75163, 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 THE WEST LINE OF 2ND RE-PLAT OFWOODED CREEK ESTATES, AN ADDITION TO THE CITY OF FARMERS BRANCH RECORDED IN VOLUME
75163, PAGE 0679 OFTHE 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 OF THE EAST LINE OF MARSH LANE (130' ROW) AND THE NORTH LINE OF WOODED CREEK 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, A DISTANCE OF 456.91 FEET TO A POINT FOR CORNER WITHIN THE 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 OFTHEWEST LINE OF MARSH LANE (130' ROW) AND THE SOUTH 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 .33154010 154ESMT.\.FNS SEPT. 􀀲􀀱􀀮􀀱􀁾
SURVEr, NOAH COOO SURVEY, ABSTRACT NO. A-520 ,LOCATION, CITY OF FARllERS BRANCH, OALLA5 COUNTY, TX.' ACOUISITION, 0.474 AC. MARSH LANE SEWER • 'LNTERCEPTOR LICENSE ACREEMENT EXHIBIT
!·X-Found In Concrete .:.-..-..-W IZoCt ...J :::I: V'l 0:: oCt wY1 N 0° 02' 16" 524.21' N 83° 23' 50" 63.46' BROOKHAVEN CLUB DR IVE S 89°49' II" E ( 100' ROW) s 1 • 20. 0I' £ 51'42'
-"-"-"-" 9'.9,. r"--V,' Iron Roo Founa ! I No..S 10 32' 50" E N 1°32' 50" iw , I ! 1.43' 1.23': 1 I i !, " ,, :I ! ," : , I I II ,'-,.' N 3°05'12'\ E...... II! Ls 3°05'12" W 456.91'
jl 451.11' o􀁾 I' ,I .0.:: ,,,,II,, 0,1 1"')1II 􀁾􀀮 REPLAT OF 􀁂􀁒􀁏􀁏􀁾􀁈􀁁􀁖􀁅􀁎 COLLECE AN AOO I TlON TO IH;: CITY OF FAR..ER5 BRANCH, TEXA5 OALLAS, COUNTY, TEXA5 YOlo 86015, PC.
2676 NOTE' BEARINC BA5E 15 A5SUllEO 􀁃􀁈􀁅􀁃􀁾􀁅􀁏 Br. _...:;W:,•:...:C:,•:...::B:,:.. _ PREPAREO 􀁂􀁲􀀬􀁟􀀮􀀽􀁂􀁾􀀮􀁾􀁊􀁾• 􀀮􀀮􀀺􀁓􀁾􀀮 _ CARTER " BURCESS, INC. 1950 ELMBROOK DRIVE
SUITE 250 DALLAS, 􀁔􀁾 15241-4951 400 i PC. 2 OF 2 SCALE. I' '200' 100 200 OATE, 9-19-94.
RESOLUTION NO. R93-097 A RESOLUTION BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING AN INTERIM SEWER AGREEMENT WITH THE CITY OF FARMERS BRANCH. WHEREAS, Farmers Branch hereby
agrees to provide transportation of sewage generated from the Rawhide Creek and Farmers Branch Creek drainage basins within Addison through Farmers Branch sanitary sewer system; and
WHEREAS, 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; and WHEREAS,
Addison agrees to l£mit its sewage flows at each of the five entry points for the duration of this inter£m agreement, or until such t£me as the £mproved outfall system has been provided,
which ever shall occur first; and WHEREAS, the town will calibrate the meters in accordance with the "Wastewater Meter Station Evaluation Final Report" performed by ADS Environmental
Services, Inc. and submit verification to Farmers Branch of the calibration within the first first 30 days of the agreement; and WHEREAS, the town will adjust the allowable flows in
each basin based on the ADS study; and WHEREAS, the town will seek an automatic renewal clause for the Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON,
TEXAS: OFFICE OF THE CITY SECRETARY RESOLUTION R93-097
THAT, the City Council does hereby approve the execution of an 􀁩􀁮􀁴􀁥􀁲􀁾 sewer agreement with the City of Farmers Branch. ·DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON,
TEXAS, this the 12th day of October, 1993. ATTEST: OFFICE OF THE CITY SECRETARY RESOLUTION NO. R93-097
METER STATIONS FLOW rfUJW1 Pf5 􀁉􀀯􀁾􀀯􀀯􀁊􀀢􀀿􀀧 11/10/93 􀁉􀁾􀀻 ;II, 􀂣􀀴􀁾 u6 EVALUATION MLSOUTH MLNORTH . BH EAST BH WEST INWOOD SPVALLEY 1992 MG MG TOTAL MG MG MG MG TOTAL APR 0.366
10.701 11.067 18.500 6.420 4.612 1.983 31.515 MAY 1.809 12.928 14.737 13.957 6.762 5.284 3.011 29.014 . JUN 0.787 16.372 17.159 17.111 9.679 5.916 2.773 35.479 JUL 0.933 12.985 13.918
13.408 7.756 4.932 0.764 26.860 AUG 1.222 17.000 18.222 17.092 9.776 6.172 1.829 34.869 SEPT 1.134 12.993 14.127 13.673 8.706 4.617 1.284 28.280 OCT 1.080 13.077 14.157 13.558 7.214
4.399 1.701 26.872 NOV 2.556 20.445 23.001 16.033 7.800 5.508 1.639 30.980 DEC 1.518 13.393 14.911 11.118 5.942 4.107 1.636 22.803 ,1993 JAN 0.958 13.865 14.823 12.322 8.000 3.821 6.809
30.952 FEB 2.486 12.807 15.293 12.706 9.595 4.011 11.711 38.023 MAR 1.892 18.835 20.727 16.080 10.532 7.163 14.902 48.677 APR 1.238 3.505 4.743 10.887 8.037 3.990 11.142 34.056 MAY 1.334
1.599 2.933 10.693 6.424 4.535 10.918 32.570 JUN 1.649 0.961 2.610 13.819 6.278 6.363 14.530 40.990 JUL 1.233 0.581 1.814 11.494 5.571 5.326 11.575 33.966 AUG 2.278 1.488 3.766 15.818
7.836 6.846 9.967 40.467 • SEPT 2.235 0.898 3.133 13.326 6.226 5.105 7.17 31.827 t?ti Z:2 􀀿􀁊􀁾 f).tlz4 􀁾􀀮􀁯􀁓􀁩 (I../pz-4 ",.6/) is!P/7. hIS' '/4.4r;" ----􀁾􀁾 11.1'l'V 􀀯􀀴􀀨􀀩􀀮􀁴􀀱􀁾
/' [Jrpi uJed ?t". l/ff 􀀱􀁬􀀢􀁯􀁪􀁾 4t:1, .01;) 'J'?'?77 /,80/7.&./:3 􀁾􀁾􀀳􀀹 -----􀀢􀀧􀀷􀀧􀀯􀁾 7:3 ,.-􀁾􀂷􀁬 IZ/'h-IJHt I/O,S! 􀁾􀀿􀁡􀁨􀀧􀀻􀀯􀁾
• 􀁁􀁾􀁄􀁷INSoOFN 􀁾 CITY ENGINEER'S OFFICE -1lIIl1llll LJ Post Office Box 144 Addisoo, Texas 75001 July 29, 1993 Mr. Jay B. Sparkes Jay B. Sparkes & Co. 5910 N. Central Expressway #1580
Dallas, Texas 75206 Dear Mr. Sparkes: (214) 450-2886 16801 Westgrove Please allow this letter to serve as evidence of a sewer reservation for your planned 196 unit apartment development,
situated at 3710 Les Lacs Avenue in Addison, Texas. Said reservation shall be good through March, 1994. 􀁓􀁩􀁮􀁣􀁥􀁾􀁬􀁙􀀬 f 􀁾 /, --1t G 􀁟􀀱􀀵􀀯􀁲􀁁􀀯􀀻􀀭􀁾 . John R. Baumgartner,
P.E. Director of Public Works JRWjas
Mr. Jay B. Sparkes Jay B. Sparkes & Co. 5910 N. Central Expressway #1580 Dallas, Texas 75206 Dear Mr. Sparkes: )1,-) ..-9P Please allow this letter to serve as evidence of a sewer reservation
for your planned 196 unit apartment development, situated at 3710 Les Lacs Avenue in Addison, Texas. Said reservation shall be good through March, 1994. Very truly yours, John Baumgartner
City Engineer
JAY B. SPARKES & CO. PREMIER 􀁐􀁾􀁃􀁅􀀮 SUITE 1580 5910 N. CENTRAL EXPRESSWAY DALLAS, TEXAS 75206 (214) 265 -8091 July 19, 1993 Mr. John Baumgartner City Engineer City of Addison P.
O. Box 144 Addison, Texas 75001 Dear John: Enclosed for your review is a draft of a letter I would like for you to put on your letterhead, sign, and then send to me for forwarding to
my bank. If its content is acceptable, I would appreciate your sending it on to me at your earliest convenience. s for your help with this. JBS/bkc
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PUBLIC WORKS DEPARTMENT Post Office Box 144 Addison, Texas 75001 (214) 450-2871 16801 Westgrove October 6, 1993 MEMORANDUM To: From: Re: Ron Whitehead Ci ty Manager 􀁾􀀿􀀱􀀲 John Baumgartn
U Director of Pu ic Works Interim Outfall Sewer Agreement with Farmers Branch Attached is the proposed "Interim Outfall Sewer Agreement Between the Town of Addison and the city of Farmers
Branch." The proposed agreement is for a term of 12 months and has the follow changes: 1) Requires the recalibration of the meters. This was accomplished in August. 2) Adjusts the allowable
flows in each basin based on the ADS study. It is anticipated that this will give us some growth opportunity until completion of the sewer tunnel in early 1996. Staff recommends that
Council approves the agreement and authorize City Manager to execute it. JRB/gmk
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 IS 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 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
􀁣􀁡􀁬􀁩􀁢􀁲􀁡􀁴􀁾􀁤 meters as reference in Section 2a, of this agreement. The City of Farmers Branch 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 fmancing 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 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 mgll SS 250 mgll ph, not less
than 5 nor greater than 10 Hydrogen Sulfide 1.0 mgll 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
(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'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. 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 ATTEST: City Secretary TOWN OF ADDISON City Manager APPROVED AS TO FORM: Attorney CITY OF FARMERS BRANCH City Manager APPROVED AS
TO FORM: City Attorney B:OUTFALL.AGR/AGREEMENTS September 2. 19936
COWLES & THOMPSON KENNETH C. DIPPEL OF COUNSEL (214) 670·1158 Ron Whitehead, City Manager John Baumgartner, City Engineer Town of Addison P.O. Box 144 Addison, TX 75001 A PROFESSIONAL
CORPORATION ATTORNEYS AT LAW 4000 NCNB PLAZA 901 MAIN STREET DALLAS, TEXAS 75202·3793 TELEPHONE (214) 670·1100 FAX (214) 698·0310 CHARLES SORRELLS (1925·1982) May 26,1993 307 W. WASHINGTON.
SUITE 100 PO. BOX 1127 SHERMAN, TEXAS 75091·1127 TELEPHONE (903) 893·8999 NCNB TEXAS NATIONAL BANK BLDG" SUITE 321 100 WEST ADAMS AVENUE PO BOX 785 TEMPLE. TEXAS 76503·0785 TELEPHONE
(817) 771·2800 ONE AMERICAN CENTER, SUITE 777 909 ESE LOOP 323 TYLER, TEXAS 75701·9684 TELEPHONE (903) 581·5588 Re: Wastewater Capacity Limitations in the Farmers Branch Basin Our File
No. 3195/25211 Dear Ron and John: Enclosed is a Confidential Memorandum regarding wastewater capacity limitations. Please call me with any questions or comments. 􀁶􀁾􀁵􀁮􀀬 Kenneth C.
Dippel KCD/krf Enclosure
TO: FROM: RE: DATE: CONFIDENTIAL MEMORANDUM [Subject to attorney/client and work product privileges] Ron Whitehead, City Manager Ken Dippel, City Attorney Wastewater Capacity Umitations
in the Farmers Branch Basin May 24,1993 FACfS Part of Addison is in the Fanners Branch drainage basin and is served for wastewater treatment by transporting wastewater through Farmers
Branch and to treatment facilities operated by the Trinity River Authority C'TRA"). In 1986 Addison and Farmers Branch signed a wastewater contract specifying that Addison could transport
up to 615 million gallons a day ("mgd.") through Farmers Branch's transmission lines to the TRA treatment facilities. That contract has expired and the two cities are operating under
a series of interim (90 day) agreements. In 1990, studies showed Addison's average flow from the prior six years was 562 mgd. and remaining capacity was 52 mgd. In April of 1991, the
Town adopted Ordinance 091-013 that provides a procedure for reviewing and allocating remaining capacity. The Ordinance is effective until planned improvements to the wastewater system
are completed. Planned improvements include an "Intercept Tunnel" and related collector sewer lines that will relieve the capacity problems. DOC#: 97919 1
Ordinance 091-013 provides for the following procedure: • An applicant for sewer service in the Farmers Branch Basin first applies to the City for a sewer availability certificate ("sewer
certificate") in connection with an application for building permit. • The City Engineer reviews the project and calculates available capacity. If he determines capacity is available
to serve the proposed project, then a sewer certificate is issued for the proposed project. • The sewer certificate then allows the applicant to seek a building permit and ultimately
a certificate of occupancy. An applicant may also seek to reserve sewer capacity at time of platting. The applicant has 12 months after plat to have a building permit issued or the sewer
certificate expires. ISSUES At our May 4 meeting you posed· the following questions: 1. When are sewer rights vested? Two subparts of this question are: • Does an existing building have
a vested right to sewer capacity/service? • Does undeveloped land have a vested right to sewer capacity/service? 2. Can a City impose a moratorium on new development by refusing to approve
permits when the "sewer is full?" What are the limitations? 3. Can a City ration sewer capacity (as was done in Ordinance 091-013) and what are the limitations? 4. In light of the fact
that there is no long term contract in place with Farmers Branch, does the Town legally have any capacity? (i.e. should a moratorium be adopted?) DOC#: 97919 2
4. Farmers Branch has a duty to act responsibly and cannot realistically hope to refuse to accept wastewater. The City Engineer should keep track of remaining capacity and continue to
implement 091-013 as written. Once capacity has been exhausted, the Ordinance contemplates that no further sewer certificates will be issued and this will in effect create a moratorium.
DISCUSSION 1. WHEN ARE SEWER RIGHTS VESTED? A Common Law Under common law, it was difficult for a landowner to successfully argue vesting of rights during the development process. Cities
were given latitude to alter regulations that affected even developers' pending applications for holding building permits. See, e.g. City of Dallas v. Crownrich, 506 S.W.2d 654 (Tex.
Civ. App. -Tyler 1974, writ refd n.r.e.) (applicant obtains no vested right by the mere filing of an application for a building permit). A builder has no vested right to sewer until
a building permit was issued and construction was well underway. B. Limits Imposed by Vesting Statute In 1987 the legislature adopted article 4413 (301), creating a Texas Department
of Commerce. Article 7 of the Act changes the substantive law that previously applied to permits issued by municipalities. After stating that current administrative practices cause unnecessary
regulatory delays that inhibit the economic development of the state, the statute requires that approval or disapproval of applications for permits be based solely on duly DOC#: 97919
4
adopted requirements in effect at the time the original permit application is filed. This now appears in § 481.141 of the Texas Government Code which states: (a) The approval, disapproval,
or conditional approval of an application for a permit shall be considered by each regulatory agency solely on the basis of any orders, regulations, ordinances, or other duly adopted
requirements in effect at the time the original application for the permit is filed. If a series of permits is required for a project, the order, regulations, ordinances, or other requirements
in effect at the time the original application for the first permit in that series is filed shall be the sole basis for consideration of all subsequent permits required for the completion
of the project. Ordinance 091-013 specifically provides that it does not apply to projects with applications for building permits pending on the date the Ordinance was adopted. C. Prospective
Regulation Mixon, in § 7.05 of his treatise Texas Municipal Zoning states that: The [vesting] statute does not prevent municipalities from adopting ordinances that prospectively suspend
issuance of permits to permit development of land use plans for specific areas. Neither does it invalidate conditions that require commencement of construction within a specific time
after issuance. The statute appears to vest an applicant's right to develop according to the regulations that exist on the date of application. D. Undeveloped Land Under the Town's regulatory
scheme in Ordinance 091-013, there are no vested sewer rights for undeveloped property. An owner of undeveloped property with a specific project in mind must apply for sewer certificate
in connection with his application for a building permit. The City Engineer then decides whether sewer is available to serve the project. Once an application for a sewer certificate
is filed, it must be considered under the existing regulations. Once approved, the applicant has a vested right to sewer for the project DOC #: 97919 5
proposed, but subject to the limitation that the right to sewer will be lost if the project does not commence within twelve months. E. Existing Buildings Under common law and Ordinance
091-013, existing and occupied buildings enjoy vested rights to then existing sewer service. However, the Town's Ordinance 091-013 specifies that if an existing building remains vacant
for 12 months, vested sewer rights are lost and the building owner must apply for a sewer certificate. 2. CAN A CITY IMPOSE A MORATORIUM ON NEW DEVELOPMENT (BY REFUSINGTOAPPROVEPERMITS)
WHENTHE"SEWERIS FULL"? WHAT ARE THE LIMITATIONS? A General Rules For Development Moratoriums Moratoriums are properly utilized in a number of situations. For example, municipalities
sometimes seek to suspend issuance of building permits while considering adoption of zoning ordinances or amendments. The purpose of suspension is to avoid development that will conflict
with the eventual regulations and frustrate the community's land use goals. Texas courts have upheld suspensions so long as they are reasonable. City of Dallas v. Crownrich upheld suspension
of permits in affected districts while the city deliberated adoption of a historical preservation ordinance. In order for moratorium regulation to be a valid exercise of the City police
power it must: (1) be substantially related to the health, safety, or general welfare of the people; (2) be reasonable, not arbitrary. DOC #: 97919 6
B. "The Sewer Is Full" The easiest cases deal with situations in which a developer was denied connection to a sewer or water system because a particular plant, system or major line was
full. The courts have uniformly upheld the denial of service in such cases because they are reluctant to order the overloading of a sewer or water facility with the resulting potential
public health hazards. In some cases, the capacity problem was so severe that the sewage treatment plant was discharging raw sewage into area waterways. This is a classic "sewer is full"
case in that the court is faced with a direct and immediate adverse impact on the public health if it did anything other than uphold the moratorium. Accordingly, well-reasoned moratoria
are sustainable against constitutional challenges under the law of most jurisdictions, including Texas. See, e.g., State ofScott v. Victoria County, 778 S.W.2d 585 (Tex. App. -Corpus
Christi 1989, no writ) (seven-year sewer moratorium upheld against constitutional challenges, since duration of moratorium was reasonable in view of regional sewer plant deficiencies).
Factors that have been used to determine the overall reasonableness or rationality of a moratorium include the length of its duration in relation to the documented reasons for establishing
the moratorium, the reasons for imposing the restrictions, and the steps which have been taken to remedy the preceding problems. McQuillan, in § 33.30 of his treatise Municipal Corporations,
indicates that: A declaration of a moratorium on sewer connections may not form the basis for a denial of connection permits in the absence of any evidence of a reasonable necessity
for a moratorium [citing the Georgia case of DeKalb County v. Townsend Assocs., Inc., 243 Ga. 80, 252 S.E.2d 498]. A decision by municipal authorities not to follow their city engineer's
recommendation DOC #: 97919 7
that a moratorium be declared on sewer connections, but to proceed instead to grant or deny sewer connection on a case-bycase basis, is deemed to constitute an abuse of their discretion
in the matter such that mandamus will lie to compel issuance of the requisite permit [citing an Alabama case, Pritchett v. Nathan Rogers Constr. & Realty Corp., 379 So.2d 545 (Ala.)].
Factors used to determine whether a moratorium is reasonable are the length of the moratorium in relation to the reasons given for its establishment, and the steps taken to remedy the
problem. For example, in the Victoria County case, the sewer plant had become overloaded due to an increase in the number of homes, and large amounts of raw sewage were being discharged
in to the creek. C. Temporaty Taking A disgruntled property owner may bring a temporary taking action, alleging that the moratorium deprives him of all economically viable use of his
property for the period of its duration. Such actions typically do not succeed, because most property retains substantial value during the period of the moratorium. In other words, the
value of property over time must be considered in determining whether a taking has occurred. In a recent Minnesota decision, decided after the Supreme Court's recent decision in Lucas
v. South Carolina Coastal Council, 112 S. Ct. 2886 (U.S. 1992), the Court upheld a two-year moratorium against a temporary taking challenge. In the Texas case Victoria County (cited
above), the Court upheld a 7 1/2 year sewer moratorium. DOC #: 97919 8
3. SEWER RATIONlNG A Generally Well managed communities, like Addison, have tried to plan ahead and avoid the kind of critical-mess planning that leads to a "sewer is full" case. Those
communities foresaw the capacity limitation before it was reached and adopted a program to allocate the remaining capacity among competing users. In some cases, the competition for that
capacity was between users inside the boundaries of the entity providing service and users outside those boundaries. In other cases the competition was among competing users within the
same boundaries. These cases are more difficult than the "sewer is full" cases, because any particular user can always argue, "the city at least has room for my five units," and generally
be correct. The local government does not have the easy response of "the sewer is full and there is nothing the city can do about it." Nevertheless, there is support for the need for
advance planning and cases have upheld the local government's allocation of remaining system capacity. P-W Investments, Inc. v. City of Westminster, 655 P. 2d 1365 (Colo. 1982). In my
opinion the Addison Ordinance is a proper exercise of police power. The Town simply desires to control development in light of known capacity limitations and steps are underway to remedy
the problem. Ordinance 091-013 is therefore constitutional. 4. EXISTING CAPACITY Addison's wastewater contract with Farmers Branch has expired and the parties now operate under a series
of 90-day interim agreements since they have not been able to agree DOC #: 97919 9
on a longer term arrangement. Specifically Farmers Branch has requested the right to approve all new building permits issued by Addison for projects in the Farmers Branch Basin. Because
Farmers Branch is a public entity and utility provider, we believe Farmers Branch has a legal duty to act responsibly and cannot realistically hope to discontinue transmission of Addison's
wastewater (at least not without a lengthy, costly, and high risk legal battle). Accordingly, perhaps continuing with the series of 90-day interim agreements is a viable course so long
as progress continues on the Tunnel. The City Engineer should continue to analyze remaining capacity and issue sewer certificates as contemplated by the Ordinance. Once capacity has
been exhausted, the Ordinance contemplates that no further sewer certificates would issue thereby in effect creating a moratorium. DOC#: 97919 10
RAWHIDE CREEK SEWER CAPACITY MAY 6,1993 Existing Capacity Optimistic Pessimistic 260 million gallons/year 230 million gallons/year Existing Estimated Flow -192 to 204 million gallons/year
Available Capacity -26 to 68 million gallons/year Units Sewer Requirements GallonslYear 100 9,125,000 Existing Sewer Reservations Houses under construction Vacant lots (Waterford Park
II and Les Lacs) Grand Addison" (cluster homes) K-Mart /Winn-Dixie Outback Steakhouse Hoffbrau Steakhouse Waterford Court 59 76 196 SUB-TOTAL 5,380,000 6,935,000 6,000,000 3,500,000
4,000,000 12,520,000 47,460,000 96 lots 43 lots 400 SUB-TOTAL Sewer Requirements GallonslYear 3,500,000 4,000,000 3,500,000 3,500,000 2,500,000 3,000,000 8,750,000 3,900,000 9,000,000
9,580,000 8,000,000 25,550,000 70,550,000 Projects Without Firm Commitments Units Fresh Choice Restaurant Applebee's Restaurant 􀁾􀁁􀁤􀁤􀁩􀁳􀁯􀁮 Road Restaurant I-HOp .Gt1iek Fit A Blockbuster/Jasons
Deli Grand Addison III (cluster homes) K-Mart Center Residential K-Mart Phase" . *Les Lacs Mirada Phase" (150 units or 50 lots) *McCutchin Tract **Snaydon Property Other Less Firm Proposals
North of K-Mart Center Redevelopment of SSBA Vacant Land at Surveyor and Beltway Vacant Lots in Midway Meadows Redevelopment of Yoplait Plant *Actually in Farmers Branch Basin but could
easily transfer to Rawhide. **Could transfer to Dallas via onsite lift station and line construction from the site to Arapaho and the Tollway. Dallas system also has capacity constraints.
CITY ENGINEER'S OFFICE Post Office Box 144 Addison, Texas 75001 (214) 450-2886 16801 Westgrove June 21, 1993 Mr. Gary Oshel City of Farmers Branch P.O. Box 819010 Farmers Branch, Texas
75381-9010 RE: Engineering Invoices 14 and 15 -Addison Farmers Branch Sewer Tunnel Dear Gary: The Town of Addison concurs with your recommendation for payment of Consoer Townsend's fourteenth
and fifteenth invoice in the amount of $57,802.95. R. Baumgartner, P.E. Engineer JRB/js
ORDINANCE NO. 􀁾􀀯􀁾 AN ORDINANCE OF THE CITY OF ADDISON, TEXAS, REGULATING THE QUALITY OF DISCHARGES INTO THE SANITARY SEWER SYSTEM OF THE CITY; PROVIDING FOR THE PAYMENT OF ADDITIONAL
CHARGES BY CERTAIN USERS OF THE SANITARY SEWER SYSTEM; PROVIDING FOR THE PAYMENT OF CHARGES FOR TESTING WASTEWATER FLOWS; PROVIDING FOR THE ACCUMULATIVE EFFECT OF THIS ORDINANCE; PROVIDING
FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ADDISON, TEXAS: SECTION 1. No user of the City Sanitary Sewer System shall discharge
wastes into said system which are determined by the City Manager of Addison, or his dUly appointed representative, to be harmful to the sewer system of the City. In no event shall discharges
be permitted which will result in the wastewater flow from the City into the system of the Trinity River Authority not satisfying the standards for quality established in that certain
contract dated August 30, 1973, between the City of Farmers Branch and the Trinity Trinity River Authority, nor shall discharges exceed the limits of the contract between the City of
Dallas and the City of Addison dated January 26, 1976. The quality of wastewater shall be measured at the point of entry as provided in said contract. Article IV of said contract between
Farmers Branch and Trinity River Authority, entitled "Quality and Testing", Section Two of said
Contract #76-35 stating the "Quality and manner of testing between Addison and the City of Dallas" is hereby adopted by reference and shall have the same effect in the interpretation
of this ordinance as if copied herein in full. Any cischarge into the sanitary sewer system of the City which results in the wastewater flow of the City not meeting the requirements
of said contract shall be immediately terminated upon notice or shallbe given pre-treatment by the discharger, prior to entry into the system, to the extent required by the City. SECTION 2. In the event that additional charges are imposed upon the city
because of its discharge of over-strength wastewater, such additional charges shall be distributed in an equitable manner among the users of the system who are either wholly or partially
responsible for such over-strength wastewater. In distributing such charges, the City shall use certain contracts dated August 30, 1973 and January 26, 1976, as previously recited, in
determining the acceptable quality of wastewater and the amount of any additional charges to be assessed against individual users of the system. SECTION 3. The cost of any testing of
remedical action required of the City because of the discharge of over-strenght wastewater shall be apportioned in an equitable manner among users of the system who were found to be
either wholly or partially responsible for such abnormal strength wastewater. SECTION 4. The requirements of this ordinance shall be accumulative of and in addition to the requirements
of all other ordinances of the City regulating use of the sanitary sewer system or health and safety requirements of the City.
SECTION s. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of
this ordinance as a whole or any part or portion thereof, other than the portion so decided to be invalid or unconstitutional. SECTION 6. The fact that there is no ordinance setting
forth these specific standards for the use of the sanitary sewer system creates an urgency and an emergency and requires that this ordinance be effective from and after its passage and
publication of the caption as provided by law and the Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ADDISON, TEXAS, this th"e pJ!:day of 􀁾􀀯 , 1979. MAYOR ATTEST:
-'lL ADDisoNI CITY MAJ."iAGER'S OFFICE Post Office Box 144 Addison. Texas 75001 MEMORANDUM February 8, 1993 (214) 450·7027 5300 Belt Line Road TO: FROM: SUBJECT: The Honorable Mayor
& City Council Ron Whitehead, City Manager Interim OUtfall Sewer Agreement We have been operating under interim outfall sewer agreements with the City of Farmers Branch for the past
number of years. This was the result of a lawsuit which found that Farmers Branch did not have to respond to our request for additional capacity even though we had an agreement that
they would accommodate our sewer flow for 50 years. The court said that a city council could not commit future councils to open-ended contracts and expenses. We agreed that if they were
going to cancel the contract, then we should receive all of the land back between Spring Valley Road and LBJ Freeway. We had allowed Farmers Branch to annex this part of Addison in exchange
for the sewer agreement. The court did not grant this request either, although we did not pursue it completely because Farmers Branch initiated some discussion about the possibility
of entering into an interim agreement to accept our sewer flow and to consider the sewer tunnel concept. Prior to this we had explored the idea of pumping everything into the Carrollton
system, but there were some problems with capacity in the Trinity River Authority (TRA) lines coming from Carrollton. We also looked at building a sewer treatment facility and determined
that it could be done for about the same cost as the tunnel, but it was not a business we preferred to be in, if we could avoid it. Meanwhile, Farmers Branch had a system that was mainly
in their creeks. In order to enlarge the pipes in the creeks to gain 􀀻􀁾􀁾,r􀁤e capacity for themselves, they would have to enter the creek fi.' 􀀧􀁾􀀻􀁾􀁾 􀁾􀁩􀁴􀁨 large 􀀮􀁥􀁱􀁵􀁾􀁰􀁾􀁥􀁮􀁴􀀬
but 􀁤􀁥􀁴􀁥􀁲􀁭􀁩􀁾􀁥􀁤 that :this would be ve7Y 􀀢􀁊􀀮􀀺􀁳􀀱􀀺􀀧􀀺􀁜􀁩􀀩􀁬􀀿􀁴􀁾􀁶􀁥 to 􀁴􀁨􀁥􀁾􀁲 􀁣􀁾􀁴􀁾􀁺􀁥􀁮􀁳􀀮 In fact, 􀁾􀁮 many 􀁾􀁮􀁳􀁴􀁡􀁮􀁣􀁥􀁳 they 􀁤􀁾􀁤 not ftave easements
from property owners abutting the creek, so they were not sure how they would do it. We jointly hired Consoer, Townsend & Associates, Inc., to design a sewer tunnel project for us. We
decided to finance the project by passing on the cost to all rate payers in Addison. 1
Farmers Branch chose to create a Public Improvement District (PID), so that only the commercial properties on their east side would pay for the construction of the new tunnel. We created
the North Dallas County Water Supply Corporation in order to monitor the progress of this project, and have met on a regular basis since its creation in March of 1991. We have been ready
to fund the project since the inception but have patiently awaited the formation of the PID by the City of Farmers Branch. During the last five years we have actually experienced a decline
in the overall amount of sewer we have sent through the Farmers Branch System. This was the result of the economy and some aggressive actions we took to give relief in the Rawhide Creek
􀁂􀁡􀁳􀁩􀁮􀁾 which are outlined in John Baumgartner's memo to me dated January 25, 1993. In late 1991, we began to sense that development was beginning to take off again in the Rawhide
Creek Basin, so the staff recommended the construction of an interim lift station to allow us to pump 130 million gallons a year to Dallas. Dallas agreed in essence to allow us to borrow
this capacity from the undeveloped lands on the east side of town until we construct the sewer tunnel. This would allow us another 130 million gallons in the Rawhide Creek Basin. Based
on the 1986 flow of 230 million gallons, we felt we would be able to leave 100 million gallons of existing flow in that basin, and we would gain 130 million gallons for new construction.
We spent $450,000 constructing this lift station. We had operated under an agreement that said we could place flow into the system that was 105% of our 1986 flow. This was higher than
our flows in 1991, so we thought with new construction and the diversions to the Dallas system, that we would be fine until the tunnel was constructed. We were trying to survive until
the tunnel came on line, which we thought would be late 1993. The PID process has obviously pushed that time frame back. The week before I was terminated last year, Farmers Branch sent
sent us a new interim sewer agreement that was different from the ones we had executed in the past. This agreement restricted the flow but allowed us to build 280 single family homes
in the Rawhide Creek Basin. The Council did not act on this agreement. The City of Farmers Branch was sensitive to the political turmoil in Addison and did not press the issue of the
interim sewer agreement. We have operated under the September 1991 agreement, but we received other requests to act on the new agreement from Farmers Branch. In their defense, we were
not timely in responding because we were very busy. Frankly, with the construction of the new lift station, we did not understand the concern because we thought we were addressing the
problem. In fact, we still feel that way today. 2
The newest interim sewer agreement is the result of various meetings between the staffs. This agreement calls for no new construction in the Farmers Branch Creek Basin in Addison and
would allow us 160 million gallons in the 􀁒􀁡􀁷􀁨􀁩􀁾􀁥 Creek Basin. We have requested 195 million gallons in the Rawhide Creek Basin and 12 million gallons in Farmers Branch Creek.
The 195 million gallons would allow 35 million gallons remaining for use by Farmers Branch. Farmers Branch has asked that we leave 70 million gallons for future use and our concern is
that we know we have a need for 176 million gallons over the next year to 18 months. Our philosophy has been to try to allow development in both communities until the tunnel has been
built. The Rawhide Creek Basin in Farmers Branch is almost completely developed, and we feel that the 35 million gallons would allow for expansions to existing facilities or changes
in use over the next two to three years. They have stated that they do not have a project pending in that basin at this time. Over that time period we might find other efficiencies or
changes that would allow both communities to continue developing until the tunnel is constructed. The Farmers Branch Creek Basin is one that they say is at capacity but has some finite
amount left in it that they would like to reserve for their use. We have felt that there should be some flexibility in this basin and consequently have only requested 12 million gallons
a year. Again, we are not trying to consume all of the capacity and ignore Farmers Branch's needs. We would like to find solutions that would work for both cities. I find it hard to
accept the notion that we are just a customer in this relationship. I have a hard time switching from being a customer to being a partner in the tunnel and spending $15 million of Addison's
funds. We have been, and still are, ready to do that! It seems that is, and should be, the priority for both communities. Farmers Branch passed a resolution last week creating the PIO
and now will enter the public comment phase. That process should be completed by May, and we could conceivably begin construction of the tunnel this summer. If all of this is on go,
then we would be more comfortable with a more flexible approach. It seems a shame for either community to miss development opportunities because we have been too conservative. 1. The
options are as follows: Adopt the most recent submittal from Farmers Branch stop construction in the Farmers Branch Creek Basin restrict growth in the Rawhide Creek Basin to additional
60 million gallons a year. 3 and and an
This would not allow construction of all of the projects we estimate will need 76 million gallons in John Baumgartner's memo of January 25, 1993. It is what the Farmers Branch staff
prefers, and it would cause us to not be in conflict at a time when we should be applauding our ability to work together because of the tunnel project coming to fruition. 2. Adopt a
revised agreement indicating our desire to have 195 million gallons in there Rawhide Creek Basin and 12 million gallons in the Farmers Branch Creek Basin. This would accommodate our
needs in Rawhide Creek Basin, but would restrict, but not totally eliminate, new construction in the Farmers Branch Creek Basin. This would allow both communities to continue to develop,
but would be more flexible than the Farmers Branch recommendation. I have worried about this quite a bit because I do not understand why we are not being aggressive and positive at this
juncture. Yes, we have some restrictions on our capacities, but Addison has aggressively sought solutions to the problem through our diversions to Dallas, which have cost us over $450,000
and our commitment to eliminate inflow and infiltration. Additionally, we are about to embark on a $25 million dollar project to solve both cities problems with sewer forever. We need
to have both communities prosper for the next three years until the tunnel is complete, or we will both miss this development cycle. 3. Search for alternatives, but not be forced to
enter into a contract that ceases development in one basin and restricts it to 60 million gallons in the other. Sewer has been a problem for my entire existence in this community for
both Addison and Farmers Branch. My question is, "Why can't we survive together for three (3) more years until we construct the ultimate solution, the tunnel?" . I look forward to discussing
this with you further at the Council Meeting. .􀁾􀁾 Ron Whitehead RW:mc 4
-8L 􀁁􀁾􀁄􀁷INsooFN .l'"1.1J CITY ENGINEER'S OFFICE Post Office Box 144 Addiscln. Teus 75001 MEMORANDUM JAN26 (214) 450-2886 16801 Wengrove TO: FROM: DATE: SUBJECT: Ron Whitehead, City
Manager John Baumgartner, City Engineer January 25, 1993 Sewqe Flow Flowiag to Farmers Brae" 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. Insitufonned 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 insitufonn 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 miUion 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 Barhecue 7) Two (2) Addison Road Restaurants 8) Les Lacs City Homes • 196 units Estimated Sewage Flow • 76 miUion 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) To'tal (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
.\ 􀁃􀁾 􀁉􀁩􀁾 FaRmeRS BRanCI-I September 23, 1991 Mr. Ron Whitehead city Manager Town of Addison P.O. Box 144 Addison, Tx 75001 Dear Mr. Whitehead: Enclosed for your signature is the
Interim Outfall Sewer Agreement between the Town of Addison and the city of Farmers Branch. The agreement remains the same as our previous agreement. Four copies of the agreement have
been enclosed. Please sign and return three copies to the City of Farmers Branch. . ?l_l_y_,􀁾􀁟I Jerome V. Murawski, Jr., P.E. city Engineer JVM/en Enclosures City of Farmers 8ranch
P.O. Box 819010 Farmers Branch. Texas 75381-9010 214/247-3131 Unked in Friendship with the District of BassetJaw. Nottinahamshire. GI'RRt: 􀁆􀀽􀁬􀁾􀁁􀁩􀁮 A"'" 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 generated from the Rawhide Creek and Farmers Branch Creek drainage basins wi thin 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 Trini ty 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 limitits sewage flows to 105\ of the 1986 flows flowing through the five entry points
previously described or until current sewage system capacity is reached, for the duration of this interim agreement or until such time as an improved outfall sewer system has been provided,
which ever shall occur first. b. whatever Addison extent is agrees to necessary limit its to reduce, sewage flows to prevent and/or
eliminate any spi 11, overload or overf low of sewer system constituting a violation of regulations of the Texas Water Commission Environmental Protection Agency. Farmers Branch's the
rules and and/or the U.S. c. In the event of any spill, overload or overflow for which Addison has a contributory responsibility, and which consti tutes 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. d. 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. 1555. Addison agrees
to amend this ordinance to reflect the basic terms and conditions of any amendments to Farmers Branch Ordinance No. 1555. 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 engineering study which was done under a previous agreement between Addison and
Farmers Branch. This study developed a conceptual design for an increased capacity outfall sewer system which will fulfill the present and future growth needs of both cities. It is the
intent of this contract that Farmers Branch and Addison wi 11 enter into a long term agreement establishing each City's share of costs, operations, maintenance, design and construction
for the proposed sewer system.SECTION 4. Compliance with State and Federal Regulations. a. (1)· To enable the highest degree of treatment in the most economica 1 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. (2) Federal
and State regulatory agencies periodica lly modify standa rds on prohibitive di scharges; therefore, revision to, additions to, or deletions from the items listed in this section will
become necessary to comply wi th 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 wi th the latest standards of 0148v -2-
" 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 SS ph, not less than Hydrogen Sulfide 250 mg/l 250 mg/l 5 nor greater 1. 0 mg/l than 10 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 wi thin 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. 0148v -3-
1 • • , 0148v (2) 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. Addison agrees to issue permits to Displaytek Corporation and Circuit 􀁁􀁵􀁾􀁯􀁭􀁡􀁴􀁩􀁯􀁮􀀬 Incorporated within thirty
(30) days of entering into and executing this agreement. (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. (4) Addison agrees to implement
and enforce U.S. Environmental Protection Agency approved pretreatment program with respect 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 -4-
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 June 24, 1991, and shall remain in force until December 23, 1991, 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 duly executed in several counterparts.!:? 􀁴􀁽􀁡􀁾 of 􀁗􀁨􀁩􀁣􀁨􀁾􀁬􀁾􀁥
an original, all as of the 􀀯􀁾􀁾 day of 􀁾􀁾 , 1991. ATTEST:City Secretary ATTEST:city Secretary 0148v CITY OF ADDISON 􀀭􀁧􀀭􀀭􀁜􀁾􀁾 City Manager APPROVED AS TO FORM Town Attorney
CITY OF FARMERS BRANCH ( . City Manager a 'I. a{ Date :---=1 -􀀷􀀺􀀺􀀺􀁊􀀭􀁃􀀩􀀮􀁾 t APPROVED AS TO FORM -5-
rJ) <t >w< 1-:c t..,V oZ >-« 1-0: 13 m . ,. -:::::::./.:. :::::;: 􀁾 .. . I: Hi iii1l:iili= --
',' 􀁾􀁴􀀺􀀧􀁤 01; %!I'1'J!l:R.J:X OU'rJ'ALL SED:R. AGRBBHEft BE'l'WBEB THE TOn OF ADDISON .um '1'HE CITY OJ' PARJIIU 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 Hanaqer, 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 "Farmers Branch". WITNESSETH: SECTION 1. Covenants of,larmers 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 lyinq 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 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 generated in the 12 months preceeding execution of this agreement and the addition
of sewage flows, generated by 2Sa single-family and/or multi-family dwelling units presently unaer construction in Addison.
Brookhaven Road -the sewage flow shall be limited to the current monthly flow generated in the 12 months preceedinq 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 offinancinq those improvements t.O provide additional capacity. c. Addison agrees to 1imitits 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 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 aqree 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 􀁾􀁡􀁮􀁮􀁥􀁲 possible, and
to comply with Federal and state requlations, 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 discnarqes listed in 􀁆􀁡􀁾􀁥􀁲􀁳 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 􀁡􀁱􀁲􀁥􀁥􀁭􀁥􀁮􀁾 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 􀁷􀁡􀁳􀁾􀁥􀁷􀁡􀁴􀁥􀁲 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 mg/l nor greater than 10 La 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 hring those overstrenqth 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 he 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 􀁦􀁯􀁾 waste discharges. (2) Addison shall r by ordinance, require all Signifioant 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. Environmental Protection Agency approved pretreatment program with respect to Industrial
Users discharging into the Farmers Branch 􀁳􀁹􀁳􀁾􀁥􀁭􀀮 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) Addisoh agrees to seek injunctive relief against those Industrial Users whose discharge interferes with the Trinity 4
SENf BY: .Illt I 􀁕􀁜􀁖􀁖􀀮􀁉􀁬􀁾 River Authority I s treatment system" poses an imminent danger to public health or when the specific industry is not making sufficient proc;ress 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 􀁳􀁹􀁳􀁾􀁥􀁭 for the purpose of determining the type and strength of discharges. (8) Addison agrees that any individual Industrial User found in violation of
allowacle discharqes 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 atforaed 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 eFR 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
l ' 0' IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Alnendatory Interim Aqreement. to be duty executed in several
counterparts, each of which shall constitute an original, this day of 1990. ATTEST: City Secretary ATTEST: City Secretary TOWN OF ADDISON City Manaqer APPROVED AS TO FORM: Attorney CITY
OF FARMERS BRANCH City. Manager Date: _ APPROVED AS TO FORM: City Attorney
(J) «>w< r-II I,):
FaRmeRS BRanCI-I February 5, 1993 John Baumgartner, P.E. City Engineer Town of Addison P.O. Box144 Addison Texas 75001 Dear Mr. Baumgartner: Presently there is not an agreement in effect
that provides the basis for the City of Farmers Branch to accept sanitary sewer effluent from the Town of Adclison. The last interim sanitary sewer agreement expired on December 23,
1991. Since December 1991, the City of Farmers Branch has made several attempts to get Addison· to execute a new interim sanitary sewer agreement. The interim sanitary sewer agreement
that was sent this week to the Town of Addison contains flow limits that are based on the available capacity in the Rawhide Creek and Farmers Branch Creek drainage basins. The flow limits
are consistent with the limits contained within interim sanitary sewer agreement submitted to Addison in December 1991 that was not executed. The limits are supported by additional analysis
of the basins that was performed in August 1992. The exact capacities of the sewer lines that serve both cities cannot be exactly defined because of the age of the lines: however, all
available data and analysis shows the lines to be near capacity. It is understood that the Town of Addison doesn't want to say no to additional development, the City of Farmers Branch
has recently informed two developers that there is not sufficient capacity to handle their developments. It is necessary to have an interim sanitary sewer agreement in place until the
completion of the joint sanitary sewer project. We look forward to receiving the executed agreement from the Town of Addison. 􀁓􀁩􀁮􀁾􀁾􀁙􀀬 I 􀁾􀁾􀀯􀁁 ---_.._.-1 . Jerome V. Murawski,
Jr., P.E. city Engineer _City of Furmers_l3ranch . 􀁾􀀮􀁯􀀮 Sox 81.9010 Farmers 􀁾􀁲􀁡􀁮􀁣􀁨􀁾 Texas 􀀮􀀿􀀵􀀳􀀸􀀱􀀭􀀹􀁾􀀱 0 214/247-3131
2-5-93 ;10:34AM ; MAILROOM--214 248 7814;# 2/7 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 TQWII of 􀁁􀁤􀁤􀁩􀁾 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 IIFarmers Branch", WITNESSETH: SECTION 1. Covenants of Farmers Bnneh. a. Farmers
Branch hereby agrees to provide traDeportation of sewage subject to the Jimitations identitled in Section 2, generated ftom the Rawhide Creek and Farmers Branch Creek drainage basins
within Addison through Farmers Branch'8 15wtury 6eWer zsytstem lying within Furmens Branch.. b. Farmol'8 Branchagreesto allow tho Addison scwago to flow through, Fmmers Branchsanitary
sewer syBtem 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 thrQugh the existing five entry points
into the Fanners 8l'anch sewer system from the Addison sewersystem. The five entry points are noted on the attached sketch labeled Exhibit A. SECTION 2. Covenantll of AddisoD. a. Addison
ngree& to limit ita sewage flOWB at each of the five entry points for the duration of this interim agreement or until such time as tho improvod outfall ayto.1-.em hag been. pTovided.
whichever ,:;hall occur frrst 8.8 􀁦􀁏􀁮􀁏􀁗􀁂􀁾 Rawhide Creek Basin -the sewage flow shall be limited to a total flow of 160 million gallons for the term of this agreement (12 months).
SENT BY: 2-5-93 ;10:34AM MAIlROOM... 214 248 7814;# 31 7 Farmers Branch Creek Basin -the sewage flow shall be limited to the flow averaged over the last two years generated from the
basin. No changes in uses in existing buildings which affects Bewage flow will be permitted. Addison agrees not to issue building permits (or other approvals which might affect sewage
£Iowa) without the prior approval of Farmers Bra.nch, $nch approval (by the CityManager ofFarmers Branch) shall be based solely on the determination that the amount of sanitary sewer
flow will not have an adverse impact on the amount ofsewage flow into the sewer line serving both Addison and Farmers Branch. Addison and Farmers Branch will conduct monthly meetings
to monitor sewage ft.ows to insure that t.here are not any adverse effects on the amount of sewage flow. Beltway. the lleWBge flow sba11 be limited to the flow generated from the existing
buildings at the following addresses: . 4568 through 4580, and 4600 BaIt Line Road, 15000 Block of Beltwood Parkway. 14600, 14700, and 14800 Blocks of Inwood Road. Since the sewage flow
is not metared, the amount of sewage flow shall be considered as 80% of the amount of water metered. to these properties. b. Addison may contract for additional capacity within a ghren
drainage basin through a supplemental agreement which shall incorporate the means for making additional capacity 􀁡􀁶􀁡􀁩􀁬􀁡􀁢􀁬􀁥􀁾 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 overtlow a! Farmers
Branchtg sewer system confttituting ,a. violation of the rules and regulations of the Texas Water Commission and/or the U.S. Environmental ProteetionAgen.cy. d. In the event of any spill,
overload or overllow for which Addison has a responsibility, and which constitutes a violation of the roles 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 finel!! or penalties. e. AQdil50n agrees to enforce tho Sewer Use Ordinance. Addison Onlinance No.
087-004, which ordinance incorporates the bamc 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
SENT BY: 2-5-93 ;10:36AM ; MAILROOM... 214 248 7814;# 4/7 SECTION 3. Mutual Covenants.. Ad.c:I.U!on and Farmers Branch agree that this i6 an interim agreement entered into to allow sufficient
time for the implementation of the Addison-Farmers Brallch sanitary sewer interceptor. SECTION 4. CompJianee wiih State and Federal :Regulations. a. (1) To enable the highest degJ'ee
of treatment in the most economical manner poHBible, and to comply with Federal and State regulations, certain :solids, liquids and gases al'e hereby prohibited from entering the Farmen
Branch system in excess of standards as set by 198id Federal and State regulations. The prohibitive discharges listed in Fanners Branch Ordinance No. 1967 shall also apply at the Point6
of Entry to the Farmerl!l Branch Wastewater System. (2) Federal and State regulatory agencies periodically modify standards on prohibitive discharges therefore, revision to. additions
to, or deletions from the itemB listed in this section will become necessary to comply with with these latest standards. It is the intention of thi.H interim. agreement that prohibitive
discharge requirements be reviewed periodically by Farmers Branch and revised in accordance with the latest standards oCany federal or state agency having regulatory powers. Any required.
revisions Bhall be made and written notice thereofgiven 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 dete..mine quality of Wutewater1 Far:meI'8 Branch will colleet composite
samples of Wastewater. at each point of entry to the Farmen Branch Wastewater System and caUB9 same to be analyzed. in accordance with testing procedures as set forth in the lateBt edition
of Standard Methods oC Exiunination of Water and Wastewater, published by American Public Health 􀁁􀁳􀁯􀁯􀁣􀁩􀁡􀁴􀁩􀁯􀁮􀁾 Inc. Composite samples will normally be taken quarterly or at
more frequent intervals if necessary to determine Wastewater quality. Such Wastewater mall not exceed the limits of concentration specified for Normal Wastewater as follows: Normal Wastewater
Concentration BOD 250 mgt1 SS 250 mgll ph, not less than 5 nor greater than. 10 Hydrogen Sulfide 1.0 :mgIl Should the analysis disclose concentrations higher than. those listed, Fanners
Branch will at once inform Addison ofSuch disqnalification. It shall be the obligation 3
SENT BY: 2-5-93 ;10:37AM 􀁍􀁁􀁉􀁌􀁒􀁏􀁏􀁾 214 248 7814;# 5/7 of Addison to require the offending discharger of said highly concentrated materials to undertake remedial mea&Ures to bring
discha;rge concentratJons within acceptable Iimit8. Farmers Branch wiU cooperate with Addison inreaching a l88tisfactory solution but will not undertake to specify the measures that
will be omployed to bring those over-strength discharge concentratio11.6within aooeptablelimits.In some easesof􀁯􀁶􀁥􀁲􀁾 strength Industrial 􀁗􀁡􀁳􀁾 the industry discharging the over-strength
waste, and Addison, 􀁾 be demous, and Farmers Branch may be agreeable to negotiate terms under which Farmars Branch will accept the over-atrength wastes, but Farmers Branch makes no
commitment to perform such service. c. (1) The effects of certain types of Industrial Waste upon wastewater and waBtewater treatment processes are such W!I to require that careful consideration
be made oC each indulStrial connection. This is a matter of concern both to Farmers Branch and to Addison. Addison covenants that it will have in eff'er...t and will enfoJ:<::e Q. sewer
use ordinance in accordance with Federal and State regulations or departments having lawful jurisdiction to oet standards fo!' waste dillcharges. (2) Addi80D 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 funitation. Diaplaytek.
Corporation and Circuit Automation, Incorporated, to obtain an industrial waste discharge permit. (3) Fanners 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 intont to connect. Addison also ogreeo to provide Farmers Branch with information pertainiJlgto the expectedvolume and composition ofthe
new-discharge. The expected volume is subject to the limitatio"n 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 􀁳􀁨􀁡􀁬􀁬􀁾 at any l"e8!lonable time upon reqneat
by }4'armers Branch. produce pretreatment program. records for review by Farmers Bran,ch. (6) Addison agrees that U.S. Environmental Protection Agency Pretreatment Program. for Industrial
Waste5 will be maintained to inBUl'e continuing approval from the EPA. (6) Addison agrees to seek. injunctive relief against those Industrial Userawhose discharge interferes with the
Trinity River Authority's trnatmell.t system. ..
SENT BY: 2-5-93 ;10:38AM MAILROOM.... 214 248 7814;# 61 7 posesan jmmjnent danger to public health or when the specific industry is not making BUfficient progrese toward compliance orcompletinganAddi
sonapprovedpretreat.ment plan. (7)Addison agrees that FarmerB Branch shall have the right to sample WSBtewater diBCharges at points of entry to the Farmer!! Branch wastewater system
for the purpose of determining the type and strength of discharges. (8) AddiBOn agrees that any individual InduBtrial Userfound in violation of allowable discharges or any individual
Industrial User who refuses access for the purpose of sampling shall be disconnected from Addisonts and J.4"'armers Branch's wastewater system. Provided however, that the violating Industrial
User shall be afforded all rights, privileges of appeal and deficiem'..Y t:ure periods as pn:wided under Addison Ordinances.. Addison agrees to provide public notification for instances
of violation os required in 40 CFR 408. THIS INTERIM AGREEMENT is effective as of February 15, 1993 and shall remain in force until Febru.aIy 15, 1994 unless extendedby mutual agreement
ofboth parties, or unless terminated by bl'each of any provisions of SECTION 2. Breach of any provision ofSECTION 2 shall cause termination of this agreement within 30 days. 5
U.L...I1J. U.I· MAIlROOM'" 214 248 7814;# 7/7 IN WITNESS WHEREOF, the parties hereto acting underauthority oftheit' respective governingbodies have causedthia Amendatory Interim.Agreement
to be duty exet.'Uted in BQveral counterparts, each of which shall constitute an original, this day of 1992. ATTEST: City Secretary ATTEST; City Secretary B:OUTFALL.AGRfAGREEMENTS February
4, 1993 6 TOWN OF ADDISON City Mamtger APPROVED.AS TO 􀁆􀁏􀁒􀁍􀁾 Attorney CITY OF FARMERS BRANCH City Manager APPROVED AS TO FORM: City Atl.orney
FaRmeRS BRanCI-I June 25, 1993 Mr. John Baumgartner, P.E. City Engineer Town of Addison P.O. Box 144 Addison, Texas 75001 Dear John: The Interim Outfall Sewer Agreement placed several
conditions upon both Farmers Branch and Addison. Section 2.C of the Agreement states that"Addison agrees not to issue building permits within the basin without providing certification
that such issuance will not increase the amount of sewage that flows into the Farmers Branch sewer line. " In order to comply with the letter and the intent of Section 2.C of the Agreement,
Addison needs to provide this certification to Farmers Branch prior to any issuance of building permits. Your cooperation in complying with this provision in the future is appreciated.
ohn F. Burke Assistant City Manager JFB/en ADDISON. LTR City of Farmers Branch P.O. Box B1901 0 Farmers Branch. Texas 75381-9010 214/247-3131 Linked in Friendship with District of Bassetlaw,
Nottinghamshire. Great Britain, Garbsen, Germany, and Markham, Canada
---􀁁􀁾􀁄􀁷INSoOFN 1"\.L} CITY ENGINEER'S OFFICE 􀁟􀀮􀀻􀀻􀀱􀁩􀁾􀁟􀀢 IlJI_1!ilIl Post Office Box 144 Addison, Texas 75001 June 24, 1993 Mr. Jerry Murawski, P.E. City of Farmers Branch
P.O. Box 819010 Farmers Branch, Texas 75381·9010 Dear Jerry: (214) 450-2886 16801 Westgrove This letter is in response to your request for a list of building permits issued since April
12, 1993, in the Spring Valley Metering Station Basin. The following list represents the permits issued in the basin: 1. 14640 -Heritage on April 14, 1993 -Pool 2. 14679 -Midway Road,
Suite 219 on April 21, 1993 -minor office remodel 3. 14675 -Midway -minor office remodel Please call me if you have any questions or need additional information. Sincerely, John Baumgartner,
P.E. Director of Public Works JIVis
BUILDING INSPECTION DEPARTMENT 􀀱􀁬􀁉􀀡􀁉􀁉􀁉􀁉􀁉􀀡􀀱􀁩􀁬􀁉􀀡􀁬􀀡􀁩􀀢􀁁􀁾􀁉􀁉􀁩􀁉􀁬􀁉􀁬􀁬􀁉􀁩􀁉􀁬􀁬􀁬􀁬􀁬􀁬􀁬􀁾􀀡􀁉􀁉􀀡􀀡􀁉􀀧􀀡􀁉􀁾􀀢 Post Office Box 144 Addison. Texas 75001 April 7,
1993 (214) 450-2880 16801 Westgrove TO: FROM: SUBJECT: 􀁊􀁾􀁾􀁂􀁡􀁵􀁭􀁧􀁡􀁲􀁴􀁮􀁥􀁲 􀁾􀁨􀁡􀁮􀁤􀁬􀁥􀁲 New Home Construction in Les Lacs House finals since January, houses still under
construction and remaining lots are as listed below. House Finals 58 Houses Under Construction 100 Lots Remaining 135 LClst
m:DisoN CITY ENGINEER'S OFFICE 􀀺􀀮􀀺􀁲􀀢􀀬􀀧􀀱􀀩􀀡􀀧􀁩􀀡􀀭􀁾􀀧􀀳􀁉􀁨􀀢􀀢􀀢􀀧􀁾 Post Office Box 144 Addison, Texas 75001May 6, 1993 Kathy 1. Schachar PO Box 796728 Dallas, Texas 75379
RE: Sewer Capacity for Les Lacs Mirada Dear Ms. Schachar: (214) 450-2886 16801 Westgrove The sewer capacity in the system serving your proposed project is constrained by restrictions
placed upon Addison by Farmers Branch. Addison is pursuing measures to provide additional sewer capacity to that basin. Unfortunately, no quick fixes are available. The Town currently
has a 90 day study underway to determine if remedial repairs will provide a minimal amount of capacity. However, the ultimate solution is still two to four years away. The Town has limited
capacity available on a first come basis in the Rawhide Creek Basin which is located at the intersection of Marsh Lane and Belt Line Road. If you desire to pursue the full development
of your project, the Town will consider any private alternative disposal methods with appropriate safeguards. Please call me if you have any questions or need additional information.
f 91!-ff-jk /John R. Baumgartner, P.E. Director of Public Works JRB/js