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HomeMy WebLinkAbout461 09-25-1973ORDINANCE NO. 461 AN ORDINANCE AUTHORIZING THE MAKING OF A CONTRACT BETWEEN THE CITY OF EULESS, TEXAS, AND TRINITY RIVER AUTHORITY OF TEXAS; PRE- SCRIBING THE FORM OF SAID CONTRACT; ORDAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY, THE STATE OF TEXAS COUNTY OF TARRANT CITY OF EULESS WHEREAS, it is desirable and necessary for the City of Euless, Texas, to enter into a contract with Trinity River Author- ity of Texas for the purpose of providing facilities to adequately receive, transport, treat and dispose of Wastewater in such area; and measure; WHEREAS, this ordinance must be passed as an emergency THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS: Section 1, This City shall enter into a contract with Trinity River Authority of Texas in substantially the form attached hereto and made a part hereof for all purposes. Section 20 That the said contract shall be signed on behalf of this City by its Mayor and attested by the City Secretary, Section 3. This ordinance is hereby declared to be an emergency measure and is passed as such for the immediate preservation of the public peace, health or safety of the citizens of the City of Euless, Texas. sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. Stat. Article 6252 -17. SIGNED AND SEALED the 25th day of September , 197 3. City Secretary (SEAL) Mayor CERTIFICATE FOR ORDINANCE AUTHORIZING A CONTRACT BETWEEN TRINITY RIVER AUTHORITY OF TEXAS AND CITY OF EULESS, TEXAS; PRESCRIBING FORM OF CONTRACT; ORDAINING OTHER PROVISIONS RELATING TO THE SUB- JECT; AND DECLARING AN EMERGENCY. THE STATE OF TEXAS COUNTY OF TARRANT CITY OF EULESS We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 25TH DAY OF SEPTEMBER, 1973, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: A. C. Krause, Mayor Vada Ferris, City Secretary Mrs. Willie Mae McCormick Bill Dunn Harold Copher Darrel Benson Harold L. Samuels and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: The Mayor presented for the consideration of the City Council an ordinance bearing the following caption, to -wit: ORDINANCE NO. 461 "AN ORDINANCE AUTHORIZING CONTRACT BETWEEN THE CITY AND TRINITY RIVER AUTHORI' SCRIBING THE FORM OF SAID OTHER PROVISIONS RELATING DECLARING AN EMERGENCY." THE MAKING OF A OF EULESS, TEXAS, PY OF TEXAS; PRE - CONTRACT; ORDAINING TO THE SUBJECT; AND Councilman Samuels moved that the ordinance be finally passed as an emergency measure. The motion was seconded by Councilman Dunn and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye." NAYS: None. The Mayor announced that the ordinance had been finally passed and adopted as an emergency measure and was effective immediately. 2. That a true, full and correct copy of the aforesaid ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's_ minutes of said Meeting pertaining to the passage of said ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and .. Section 4. It is hereby found and determined that public notice of the time, place and purpose of the meeting at which this ordinance is passed was given as required by Vernon's Ann, Civa St, Article 6252 -17, PASSED AND APPROVED this 25thday�o„f�Se tember , 1973. Mayor, City of Euless, Texas ATTEST: r fsLL�C/ City Secretary, City of Euless, Texas (CITY SEAL) Cit y 'Attorney, City of Euless,\\Texas STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT , WHEREAS, there is a need to establish in the Upper Trinity River Basin, generally in the area outlined in the Engineering Report, a Regional Wastewater System for the purpose of providing facilities to adequately receive, transport, treat and dispose of Wastewater in such area; and WHEREAS, the City of Euless presently owns, operates and maintains its waterworks and sanitary sewer systems; and WHEREAS, City is desirous of discharging Wastewater into the Central Wastewater Treatment System of the Trinity River Authority of Texas in order to achieve efficiencies of costs and operation; and WHEREAS, City and Authority are authorized to make this contract under Articles 8280 -188 and 11091, Vernon's Annotated Civil Statutes, and /or the Regional Waste Disposal Act (compiled as Chapter 25 Water Code of Texas); and WHEREAS, the parties hereto recognize these facts: (a) That the Authority will use the payments to be received under this and similar con- tracts for the payment of Operation and Maintenance Expense of the Authority's System and for the payment of the princi- pal of and the interest on its Bonds and Outstanding Bonds and for the establish- ment and /or maintenance of reserves and other funds as provided in the Bond Resolution and in resolutions authorizing Outstanding Bonds; and that the revenues under such contracts will be pledged to such purposes; and (b) It is anticipated that contracts similar to this instrument will be executed between the Authority and the other Contracting Parties and may, in the future, be executed with Additional Contracting Parties; and (c) That Authority has Outstanding Bonds which were issued to finance construction of the System as it exists as of the date of exe- cution of this contract; and (d) That the Authority is preparing to issue and sell its Bonds to refund part of the Outstanding Bonds and to provide funds to enable it to construct extensions, improve- ments and enlargements to the System; (e) That Authority will issue Bonds from time to time in the future to further extend, enlarge and improve the System; and (f) That City and Authority are subject to all valid rules, regulations and requirements of the Texas Water Quality Board, the Environmental Protection Agency and such State and Federal laws as now exist or may be enacted during the term of this agreement; NOW, THEREFORE, the City of Euless and TRINITY RIVER AUTHORITY OF TEXAS do hereby contract and agree as follows: ARTTrT.F T DEFINITIONS Section 1.01. DEFINITION OF TERMS. ,Terms and expressions as used in this contract, unless the context clearly shows otherwise, shall 'nave the following meanings: (a) "Additional Contracting Party" means any party not defined as a Contracting Party with whom Authority makes a contract for receiving, trans- porting, treating and disposing of Wastewater through the System, (b) "Adjusted Annual Payment" means the Annual Payment, as adjusted due to service to Additional Contracting Parties and /or as required during or after each Fiscal Year, (c) "Annual Payment" means the amount of money to be paid to Authority by City as its proportionate share of the Annual Requirement. 4 (d) "Annual Requirement" means the total amount of money required for Authority to pay all Operation and Maintenance Expense of the System and to pay the debt service on its Bonds and Outstanding Bonds, and to pay any amounts required to be deposited in any special or reserve funds required to be estab- lished and /or maintained by the provisions of the Bond Resolution, and in resolutions authorizing Outstanding Bonds. (e) "Authority" means the Trinity River Authority of Texas. (f) "Authority's System," "Regional System," Regional Wastewater System," "Central Wastewater Treatment System," or "System" means all of Authority's facilities for receiving, transporting, treating and disposing of Wastewater generally in the area described in the first preamble hereto, together with any improvements, enlargements or additions to said facilities and any extensions or replacements of said facilities constructed or otherwise incorporated into said facilities in the future. Said terms shall include only those facil- ities which are used for, constructed or acquired, or the use of which is arranged for, by the Authority to afford service to the Contracti.ng Parties and Additional Contracting Parties which can economically and efficiently be served by said System. Said terms do not include Author- ity's facilities located within the boundaries of the Dallas -Fort Worth Regional Airport and defined as the "Systems` in the contract between Authority and the Dallas -Fort Worth Regional Airport Board dated July 16, 1971, as amended, Local Wastewater Facilities, any facilities con- structed or acquired with proceeds of Special Project Bonds, as defined in the Bond Resolution, or obtained by Authority acting as a signatory to the State of Texas Water Pollution Control Compact, or any of the facilities designated as Authority's Ten Mile Creek System, or Walker - Calloway Project, (g) "BOD" (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard labora- tory procedure in five (5) days at 200 C., expressed in milligrams per liter (mg /1). (h) "Bond Resolution" means any resolution of the Board of Directors of the Authority authorizing the issuance of Bonds and providing for their security and payment, as such resolution(s) may be amended from time to time as therein permitted. C (i) "Bonds" means any bonds to be issued by the Auth- ority pursuant to this contract to refund Outstand- ing Bonds and for the acquisition, construction, expansion, improvement or completion of the System, whether one or more issues, or any bonds issued to refund same. (j) "City" means the City of Euless, Texas. (k) "Contracting Party" or "Contracting Parties" means one or more of the following: Arlington, Bedford, Carrollton, Dallas, Dallas -Fort Worth Regional Airport Board, Euless, Farmers Branch, Grand Prairie and Irving, and any city or other party as defined in Article 7621g, Vernon's Annotated Civil Statutes, which, prior to the issuance, sale and delivery of the initial issue of Bonds, makes a contract with the Authority for receiving, transporting, treating and disposing of Wastewater through the Authority's System. (1) "Domestic Wastewater" (sanitary sewage) means liquid and water- carried waste discharged from sanitary conveniences of dwellings, business buildings, institutions and the like, including Properly Shredded Garbage. (m) "Engineering Report" means a report of Forrest and Cotton, Inc., Consulting Engineers, en- titled Regional Wastewater System, dated December, 1971, as such report may be amended, modified and changed by Authority or at its direction at any time prior to the execution of construction con - tracts for improvements, additions and enlargements to the System or as modified and changed by change orders issued after execution of such construction contracts. (n) ".Fiscal Year" means the twelve (12) month period beginning December 1 of each year and applies only to Authority (i.e., Fiscal Year 1973 is the twelve (12) month period ending November 30, 1973,) or such other twelve (12) month period as may be established in the future to constitute Authority's Fiscal Year. (o) "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce. (p) "Grease" means fats, waxes, oils, and other similar materials in Wastewater, as determined by procedures specified in the latest edition of Standard Methods of Examination of Water and Wastewater, published by American Public Health Association, Inc. (q) "Industrial Wastes" means the liquid wastes from industrial processes as distinct from wastes in Domestic Wastewater. FA (r) "Infiltration Water" means water that has migrated from the ground into the System. (s) "Local Wastewater Facilities" means the facilities of Contracting Parties and Additional Contracting Parties for transportation of Wastewater to Points of Entry and any facilities used exclusively or primarily for the pre - treatment of Industrial Wastes.. (t) "Month" means calendar month. (u) "Operation and Maintenance Expense" means all costs of operation and maintenance of the Authority's System including, but not limited to, repairs and replacements for which no special fund is created in the Bond Resolution, the cost of utilities, supervision, engineering, accounting, auditing, legal services, and any other supplies, services, administrative costs and equipment necessary for proper operation and maintenance of the Authority's System, and payments made by Authority in satisfaction of judgments resulting from claims not covered by Authority's insurance or not paid by one particu- lar Contracting Party or Additional Contracting Party arising in connection with the operation and maintenance of the System. The term also includes the fees of the bank or banks where the Bonds are payable. Depreciation shall not be considered an item of Operation and Maintenance Expense. (v) "Outstanding Bonds" means all bonds issued by Authority prior to the date of this contract to provide funds for construction of the System as it exists as of the date of execution of this contract. (w) "pH" means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of the hydrogen ions, in grams, per liter of solution. (x) "Point of Entry" means the point at which Wastewater enters Authority's System. (y) "Properly Shredded Garbage" means Garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers,.with no particle greater than one -half (1/2) inch in any dimension. 5 (z) "SS" (denoting Suspended Solids) means solids removable by laboratory filtering expressed in milligrams per liter (mg /1) as determined by procedures specified in the latest edition of Standard Methods-of Examination of Water and Wastewater, published by American Public Health Association, Inc. (aa) "Trustee" means the Republic National Bank of Dallas, Dallas, Texas. (bb) "Trust Indenture" means the Trust Indenture be- tween Trinity River Authority of Texas and Republic National Bank of Dallas, dated as of June 1, 1957. (cc) "Wastewater" (sewage) means Domestic Wastewater and Industrial Waste, together with such Infil- tration Water that may be present. ARTICLE II CONSTRUCTION OF FACILITIES BY AUTHORITY Section 2.01. FACILITIES. In order to provide services for receiving, transporting, treating and disposing of Wastewater for City and others, Authority will design and construct extensions, improvements and enlargements to its System, as described in the Engineering Report, and will own, operate, maintain and from time to time expand the System. ARTICLE III DISCHARGE OF WASTEWATER AND METERING Section 3.01. City shall have the right to discharge Wastewater into the System under this contract on the effective date of this contract. Section 3.02. DISCHARGE. In consideration of the payments to be made under this contract, City shall have the right to dis- charge Wastewater into the System meeting the requirements for A quantity set forth in this Article of the contract, and the require- ments for quality as set forth in Article IV. Section 3..03. POINT OF ENTRY. City shall discharge its Wastewater at a Point or Points of Entry designated for City in the Engineering Report, or at such additional Points of Entry as may be mutually agreed upon by the parties hereto. The Engineering Report establishes and will establish a minimum area to be served by each Point of Entry. City covenants that it will discharge all Wastewater generated in such minimum area of service into each designated Point of Entry for City during the term of this contract, to the extent Authority has provided capacity to that service area, unless City and Authority mutually agree that like service can be provided elsewhere in the System. Whenever additional Points of Entry are established and provided for City, a minimum service area for such Points of Entry will be established in the Engineering Report for such Points of Entry and City shall discharge all Waste- water generated in such area into such Points of Entry during the term of this contract,. All such minimum areas of service may be expanded by mutual agreement of Authority and City, and whenever expanded, such expanded service area shall be included in the Engineering Report and City shall discharge all Wastewater generated in such expanded service area into Authority's System, at the appropriate Point of Entry, during the term of this contract. Section 3.04. CONVEYANCE TO POINT OF ENTRY. It shall be the sole responsibility of City, including any liability incurred in connection therewith, to convey such Wastewater to the Point or Points of Entry. 7 Section 3.05. QUANTITY AT POINT OF ENTRY, (a) The quantity of Wastewater conveyed to the Point or Points of Entry shall be metered and the total annual contributing flow of Waste- water received during any Fiscal Year shall.be used to determine City's Annual Payment and the Basic Charge for service as set forth in Article V. (b) At each Point of Entry, City may deliver Wastewater at a Maximum Discharge Rate, defined as a rate in MGD, which, if continued over a period of twenty -four (24) hours would not exceed 3.50 times City's estimated annual contributing flow ex- pressed as a daily average in MGD. (c) City's Maximum Discharge Rate for Fiscal Year.1973 at each Point of Entry is designated in the Engineering Report. (d) For the Fiscal Year 1974, and each succeeding Fiscal Year thereafter, City's Maximum Discharge Rate shall be redeter- mined in the manner described in (b) above. (e) If during any Fiscal Year City's annual contributing flow is redetermined, City's Maximum Discharge Rates shall also be redetermined to the mutual satisfaction of City and Authority. (f) The Authority will periodically redetermine, if necessary, the Maximum Discharge Rates to assure that said Rates are adequate to allow City to discharge a reasonable Wastewater flow into the System. Section 3.06. LIABILITY FOR DAMAGES AND RESPONSIBILITY FOR TREATMENT AND DISPOSAL OF WASTEWATER. Liability for damages arising from the reception, transportation, delivery and disposal of 0 all Wastewater discharged hereunder shall remain in City to Points of Entry, and upon passing through Authority's meters installed at Points of Entry liability for such damages shall pass to Authority. As between the parties, each party hereto agrees to save and hold the other party harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the reception, transportation, delivery, and disposal while Wastewater is in the control of such party. This covenant is not made for the benefit of any third party. Authority takes the responsibility as between the parties hereto for the proper reception, transportation, treatment, and disposal of all such Wastewater received by it at Points of Entry. Section 3.07. METERING. Authority will furnish, install, operate and maintain at its own expense at each Point of Entry the necessary equipment and devices of standard type for measuring properly all Wastewater to be discharged under this agreement. Such meters and other equipment shall remain the property of the Authority. City shall have access to such metering equipment at all reasonable times for inspection and examination, but the read- ing, calibration, and adjustment thereof shall be done only by employees or agents of Authority in the presence of a representative of the City if requested by the City. All readings of meters will be entered upon proper books of record maintained by the Authority. Upon written request City may have access to said record books during reasonable business hours. 9 Not more than three times in each year of operation, Authority shall calibrate its meters, if requested in writing by City to do so, in the presence of a representative of City, and the parties shall jointly observe any adjustments -which are made to the meters in case any adjustment is found to be necessary. If, for any reason, any meters are out of service or out of repair, or if, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five (S %) per cent, registration thereof shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one -half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. City may, at its option and its own expense, install and operate a check meter to check each meter installed by Authority, but the measurement for the purpose of this agreement shall be solely by Authority's meters,. except in the cases hereinbelow in this Section specifically provided to the contrary. All such check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of Authority, but the reading, calibration and adjustment thereof shall be made only by City, except during any period when a check meter may be used under specific written consent by Author- ity for measuring the amount of Wastewater delivered into the System, in which case the reading, calibration and adjustment thereof shall be made by Authority with like effect as if such check meter or meters had been furnished or installed by Authority. 10 Section 3.08. UNIT OF MEASUREMENT, The unit of measurement for Wastewater delivered hereunder shall be 1,000 gallons, U. S. Standard Liquid Measure. ARTICLE IV QUALITY AND TESTING Section 4.01. GENERAL, City agrees to limit discharge into Authority's System to wastes defined herein as admissible dis- charges, and to prohibit entry into the System of any wastes that have the characteristics of prohibitive discharges, also described herein. Section 4.02. ADMISSIBLE DISCHARGES, Wastes discharged into the System shall consist only of Wastewater, Properly Shredded Garbage, and other wastes which the System is capable of handling, so that: (a) effluent from the System meets the current legal standards of the Texas Water Quality Board or of any governmental body having legal authority to set standards for such effluents; and (b) the System is not damaged to the extent to cause unnecessary repairs or replacements resulting in increased Operation and Maintenance Expense. Section 4.03. PROHIBITIVE DISCHARGES. (a) To enable the highest degree of treatment in the most economical manner possible, and to comply with Federal and State regulation ,5, cer- tain solids, liquids and gases are hereby prohibited from entering Authority's System in excess of standards as set by said Federal and State regulations. The prohibitive discharges listed below shall apply at the Points of Entry. 11 's 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 contract that prohibitive discharge requirements be reviewed periodically by Authority 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 City; however, enforcement and effect of the revision shall not begin for ninety (90) days following written notice to City of such change, (b) The following information shall govern prohibitive discharges: (i) City shall not discharge any of the following into the System at a Point of Entry: storm water, ground water, roof run -off, sub- surface drainage or water originating from down spouts, yard drains, yard fountain and ponds, or lawn sprays. In cases where, and in the opinion of Authority, the character of the Wastewater from any manufacturer or industrial plant, building or other premises is such that it will damage the System, or cannot be treated satisfactorily in the System, City shall prevent it from entering the System until the character of same is satisfactory to Authority. (c) City shall not discharge any of the following sub- stances, materials, waters or wastes into the System: (i) Any liquid having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade); (ii) Any water or wastes which contain wax, grease, oil, plastic or other substance that will solidify, or become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit; 12 (iii) Any solids, slurries or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Wastewater System, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshlings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues or bulk solids; (iv) Any solids, liquids, or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property, of the Wastewater System; or the operators (v) Any garbage that has not been properly comminuted or shredded; (vi) Any noxious or malodorous substance, which either singly or by interaction with other substances is capable of causing objectionable odors, or hazard to life, or forms solids that will cause obstruc- tions to flow, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, alteration, or expense to handle such substance; (vii) Any waters or wastes having a pH lower than 6.0, or higher than 10.0 or having any corrosive pro- perty capable of causing damage or hazards to structures, equipment, or personnel of the Waste- water System; (viii) Any wastes or waters containing suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials in the Wastewater System; (ix) Any waters or wastes containing a toxic or poison- ous substance, such as plating or heat - treating wastes, in sufficient quantity to injure or inter- fere with any wastewater treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receiving waters of the Wastewater Treatment Plant; (x) Any wastes or waters exceeding the concentrations listed below: 13 1. Antimony greater than 0.01 mg /1 2. Arsenic greater than 0.05 mg /1 3. Barium greater than 5.0 mg /1 4. Beryllium greater than 0.01 mg /l 5. Bismuth greater than 0.5 mg /1 6. Boron greater than 1.0 mg /1 7. Cadmium greater than 0.02 mg /1 8. Chromium (Hexavalent) greater than 0.05 mg /1 9. Chromium (trivalent) greater than 5.0 mg /1 10. Cobalt greater than 1.0 mg /1 11. Copper greater than 1.0 mg /1 12. Cyanides greater than 1.0 mg /1 13. Fluorides greater than 1.5 mg /l 14. Hydrogen Sulfide greater than 0.1 mg /l 15. Iron greater than 0.3 mg /l 16. Lead greater than 0.1 mg /1 17. Manganese greater than 1.0 mg /1 18. Mercury greater than 0.005 mg /1 19. Molybdenum greater than 1.0 mg /1 20. Nickel greater than 1.0 mg /1- 21. Phenol greater than 0.005 mg /1 22. Selenium greater than 0.02 mg /1 23. Silver greater than 0.1 mg /1 24. Tin greater than 1.0 mg /1 25. Uranyl -Ion greater than 5.0 mg /1 26. Zinc greater than 5.0 mg /1 (d) City shall not discharge into the System waters or wastes containing: (i) Free or emulsified oil and grease exceeding, on analysis, an average of 100 nig /l (834 pounds per million gallons) of either, or both, or combinations of free or emulsified oil and grease, if, in the opinion of Authority, it appears probable that such wastes: 1. Can deposit grease or oil in the sewer lines in such manner to clog the sewers; 2. Can overload skimming and grease handling equipment; 3. Are not amenable to bacterial action or other treatment processes then being employed by Authority and will, therefore, pass to the re- ceiving waters without being affected by normal wastewater treatment processes; or, 14 4. Can have deleterious effects on the treatment process due to excessive quantities. (ii) Any radioactive wastes greater than the allowable releases as specified by current United States Bureau of Standards handbooks dealing with the handling of and release of radioactivity. (iii) Cyanides or cyanogen compounds capable of liberating hydrocyanic gas on acidification in excess of 0.2 mg /l by weight (as CN) . (iv) Materials which exert or cause: 1. Unusual concentrations of solids or compounds; as, for example, in total SS of inert nature (such as Fuller's Earth) and /or in total dissolved solids (such as sodium chloride or sodium sulfate); 2. Excessive discoloration; 3. Unusual BO D or immediate oxygen demand. Section 4004. TESTING QUALITY. To determine quality of Wastewater, Authority will collect twenty -four (24) hour composite samples of Wastewater at each Point of Entry 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 Waste- water, published by American Public Health Association, Inc. Composite samples will normally be taken once a month, or at more frequent intervals if necessary to determine Wastewater quality. Such Waste- water shall not exceed the limits of concentration specified for Normal Wastewater as follows: Normal Wastewater Concentration BOD 250 mg /l SS 250 mg /l pH, not less than 6 nor greater than 10 Hydrogen Sulfide 0.1 mg /l 15 Should the analysis disclose concentrations higher than those listed, Authority will at once inform City of such disquali- fication. It shall be the obligation of City to require the offending discharger of said highly concentrated materials to undertake remedial measures to bring discharge concentrations within acceptable limits. The Authority will cooperate with City 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 City, may be desirous, and Authority may be agreeable to negotiate terms under which Authority will accept and treat the over - strength wastes, but Authority makes no commitment to perform such service. Section 4.05. ADMISSION OF DISCHARGES CONTAINING CONCENTRATIONS OF BOD AND /OR SS GREATER THAN THOSE PRESENT IN NORMAL WASTEWATER. If Wastewater at the Point or Points of Entry contains concentrations of BO D greater than 250 mg /1 and /or SS greater than 250 mg /1, approval must be obtained from Authority prior to discharge of the Wastewater into the System. Charges made to City will include the Basic Charge as outlined in Article V of this contract, plus a surcharge for excess BO D and /or SS calculated in accordance with the following formula: 16 SC = (Q) (8.34) (a(BOD -250)- + b (SS -250)) where: SC = surcharge based on excessive con- centrations of BOD and /or SS (dollars per month) Q = flow (million gallons per month) a = annually adjusted unit cost of treatment, chargeable to BOD (dollars per pound of BOD introduced to System) b = annually adjusted unit cost of treat- ment, chargeable to SS (dollars per pound of SS introduced to System) The value of BOD and /or SS concentrations in this calcula- tion will be the average of values determined by testing procedures as defined in Section 4.04, TESTING QUALITY, except for the following condition: Observation of unusually high values of BOD and /or SS in samples collected at the Wastewater treatment plant or at a Point of Entry will prompt an intensive sampling and testing program to determine the Contracting Party responsible for these high values. Once the source of high concentration of BOD and /or SS has been determined, the responsible Contracting Party will be notified and-samples will be collected and tested for four (4) continuous days. The average of the BOD and SS values measured during these four (4) days will be considered as representa- tive of the Wastewater being discharged to the System and will serve as the basis of the surcharge during the month of observation. Any surcharge for overstrength Wastewater which Authority has agreed to accept shall not be allocated among Contracting Parties discharging normal Wastewater, but shall be applied only to the Contracting Party discharging such overstrength Wastewater. At any time that Authority determines that any service here- under should be suspended because City's Wastewater does not meet 17 standards herein established or that a surcharge will be applied, Authority shall furnish to City the data and expert opinion on which such determination was based prior to cessation of service or appli- cation of a surcharge. Section 4.06. INDUSTRIAL WASTES. The effects of certain types of Industrial Waste upon Wastewater and Wastewater treatment processes are such as to require that careful consideration be made of each industrial connection. This is a matter of concern both to Authority and to City. Accordingly, Authority, upon re- quest by City, will work jointly in processing applications for discharge of Industrial Waste into any sewers ultimately discharging into Authority's System. The City covenants that it will have in effect and will enforce an industrial waste ordinance acceptable to Federal and State agencies or departments having lawful jurisdiction to set standards for waste discharges. An industry in City in an area being served by Authority's System seeking to connect to the City's Domestic Wastewater system shall make an application to the City for an Industrial Waste disposal permit and shall file therewith a statement containing the following information: (a) Name and address of applicant; (b) Type of Industry; (c) Quantity of plant waste; (d) Typical analysis of the waste; (e) Type of pre - treatment proposed. City will allow Authority access to City records to gather information and data that will be useful to Authority as statistical data for planning the operation, improvement and expansion of Authority's treatment facilities. ARTICLE V FISCAL PROVISIONS Section 5.O1. FINANCING. Authority will pay for the cost of construction of the improvements contemplated herein, and will issue its Bonds, from time to time, in amounts necessary which, together with other available funds, will be sufficient to accomplish such construction. Section 5.02. ANNUAL REQUIREMENT. It is acknowledged and agreed that payments to be made under this contract and similar contracts with other Contracting Parties and Additional Contracting Parties will be the only source available to Authority to provide the Annual Requirement; and that the Authority has a statutory duty to establish and from time to time to revise the charges for services to be rendered and made available to City hereunder so that the Annual Requirement shall at all times be not less than an amount sufficient to pay or'provide for the payment of: (a) The net amount paid or payable for all Operation and Maintenance Expenses; (b) the principal of and the interest on Outstanding Bonds and Bonds, as such principal and interest become due,.less interest to be paid out of Bond proceeds as permitted by the Bond Resolution and less any other funds on hand for payment of principal and interest on the Bonds and Outstanding Bonds; (c) during each Fiscal Year, the proportionate part of any special or reserve funds required to be established and /or maintained by the provisions of the Bond Resolution and /or any resolution authorizing Outstanding Bonds; and (d) an amount in addition thereto sufficient to re- store any deficiency in any of such funds or accounts required to be accumulated and maintained by the provisions of the Bond Resolution and /or any resolution authorizing Outstanding Bonds. 19 Section 5.03. PAYMENTS BY CITY. (a) For services to be rendered to City by Authority hereunder, City agrees to pay, at the time and in the manner hereinafter provided, its propor- tionate share of the Annual Requirement, which shall be determined as follows and shall constitute City's Annual Payment: (i) For the Fiscal Year 1973, the City's proportion- ate share of the Annual Requirement shall be a percentage obtained by dividing City's estimated annual contributing flow to the System by the total estimated annual contributing flow to the System by all Contracting Parties. The following tabulation shall apply for 1973: CONTRACTING PARTY Estimated 1973 Annual Con- tributing Flow (1,000 gallons) Percentage of Total Arlington 197692975 12.38 Carrollton 1,050,833 7.35 (includes Coppell) Dallas 12544,081 10.80 D /FW Airport 364,575 2.55 Euless 11193,804 8.35 Bedford 514,694 3.60 Farmers Branch 1,318,188 9.22 (includes Addison) Grand Prairie 21277,520 15.93 Irving 4,263,380 29.82 14,2970050 100.00 City's Annual Payment for the Fiscal Year 1973 shall be calculated by multiplying City's percentage from the above tabula- tion times the Annual Requirement. City's Annual Payment shall be made to Authority in twelve (12) equal monthly installments. In the event Authority is unable to offer service under this contract to City for the complete Fiscal Year of 1973, City's Annual Payment shall be reduced to the prorata portion of the Fiscal Year for which service is provided. Such payments shall be made in accordance with and at the times set forth in a Schedule of Payments for 1973 which 20 which will be supplied to City. At the close of the 1973 Fiscal Year, Authority shall redetermine City's percentage by dividing City's actual metered contributing flow to the System by the total actual metered contributing flow to the System by all Contracting Parties. City's Adjusted Annual Payment shall be calculated by multiplying City's redetermined percentage times the Annual Require- went. The difference between the Adjusted Annual Payment and the Annual Payment, if any, when determined, shall be applied as a credit. or a debit to City's account with Authority and shall be credited or debited to City's next subsequent monthly payment or payments. (ii) For the Fiscal Year 1974, and each succeeding Fiscal Year thereafter, City's proportionate share of the Annual Requirement shall be a per - centage.obtained by dividing City's estimated contributing flow to the System for sgch year by the total estimated contributing flow to the System by all Contracting Parties and Additional Contracting Parties being served at the beginning of each such year. Calculation of Annual Payment as determined herein and Adjusted Annual Payment for 1974 and each succeeding Fiscal Year there- after shall be determined in the manner described in (i) above. (b) If, during any Fiscal Year, Authority begins pro- viding services to an Additional Contracting Party or Parties, City's Annual Payment for such Fiscal Year shall be redetermined in the following manner: (i) Such Additional Contracting Party or Parties estimated contributing flow to the System for such year, or portion thereof, shall be determined by Authority; (ii) City's proportionate share of the Annual Require- ment shall be a percentage, redetermined by dividing City's estimated annual contributing flow 21 to the System by the total estimated annual contributing flow to the System by all Contract- ing Parties, including that estimated for the Additional Contracting Party or Parties for the remaining portion of such Fiscal Year; (iii) Authority shall redetermine the Annual Requirement, taking into consideration any costs incurred on account of the Additional Contracting Party or Parties; (iv) City's Annual Payment shall be redetermined by multiplying City's redetermined percentage times the redetermined Annual Requirement, (c) City's Annual Payment shall also be redetermined, in the manner set out above, at any time during any Fiscal Year if: (i) Additions, enlargements or improvements to the System are constructed by Authority to provide continuing service which in turn requires a redetermination of the Annual Requirement; or (ii) Unusual or extraordinary expenditures for oper- ation and maintenance are required which are not provided for in the Annual Budget or in the Bond Resolution, or (iii) City's contributing flow to the System, after the beginning of the Fiscal Year, is estimated to be substantially different from that on which Annual Payments are based as determined by Authority, to the extent that such difference in flow will substantially affect City's Budget, and consequently City's Annual Payment to Authority. (d) The Annual Payment set forth in this section shall be considered the Basic Charge for service hereunder, and City shall pay a surcharge for excess BOD and /or SS determined in the manner set forth in Section 4.050 (e) Recognizing that the Authority will use payments received from City to pay, secure and finance the issuance of the Bonds, it is hereby agreed that upon the effective date of this con- tract, City shall be unconditionally obligated to pay its propor- tionate share of the debt service on the Bonds, regardless of whether 22 or not the Authority is actually receiving Wastewater hereunder, or whether or not City actually discharges Wastewater hereunder, whether due to Force Majeure or otherwise. In such event, the amount due shall be a percentage of the debt service on the Bonds for the period of such failure of service hereunder. Such per- centage shall be determined by dividing the amount of Wastewater actually discharged into the System by City in the month preceding cessation of service hereunder by the total amount of Wastewater discharged into the System by all Contracting Parties and Addi- tional Contracting Parties for the same period. In the event service hereunder is never begun, the percentage of Debt Service for Bonds outstanding at the time of such failure of service here- under for City shall be 7.35 %. (f) On or before August 1 of each year Authority will furnish City with an estimated schedule of monthly payments to be made by City for the ensuing Fiscal Year. On or before November 1 of each year, Authority shall furnish City with a finalized schedule of the monthly payments to be made by such City to the Authority for the ensuing Fiscal Year. City hereby agrees that it will make such payments to the Authority on or before the 10th day of each month of such Fiscal Year. If the City at any time disputes the amount to be paid by it to Authority, City shall nevertheless promptly make the payment or payments determined by Authority, and, if it is subsequently determined by agreement, arbitration or court decision that such disputed payments made by City should have been less, Authority shall promptly revise and reallocate the charges among all parties ti,; -n being served by Authority in such manner 23 that City will recover its overpayment. In the event City is assessed a surcharge for excess BOD and /or SS, Authority will bill City for such surcharge on or before the fifth (5th) day of the month following the determination of the surcharge and City shall pay such surcharge on or before the tenth (10th) day of the month of receipt of any such bill. Any such surcharge collected by Authority shall be applied by Authority against the total cost of Operation and-Maintenance Expense of the System. (g) If City's Annual Payment is redetermined as is herein provided, Authority will promptly furnish City with an updated schedule of monthly payments reflecting such redetermination. (h) All interest income earned by the investment of any Funds created in the Bond Resolution shall be taken into account in determining the Annual Requirement. ARTICLE VI GENERAL PROVISIONS Section 6.01. CONSTRUCTION. Authority-agrees to proceed promptly with the construction of the facilities necessary to the performance of its obligations hereunder. Authority shall not be liable to the City for any damages occasioned by delay in the commencement of such service to City. After Authority has notified City of readiness to accept such Wastewater, at the Point or Points of Entry, Authority shall, subject to other terms and conditions of this contract, continually hold itself ready, willing and able to supply such service to City. Liability of the Authority under this covenant shall be subject to the provisions of Section 6.02 of this contract. Authority agrees to maintain and provide service to City with existing facilities until such time as construction of additional or replacement facilities are completed. 24 Section 6.02. CONDITIONS PRECEDENT. It is expressly understood and agreed that any obligation on the part of the Authority to complete and operate the said facilities shall be conditioned upon the following: (a) Sale of Bonds in an amount which, together with other available funds, will be sufficient to assure the construction of the System; (b) The Authority's ability, or the ability of the Authority's contractors, to obtain all material, labor and equipment necessary for completion of the System. (c) Execution of contracts in substantially the form of this - contract with Arlington, Bedford, Carrollton, Dallas, Dallas -Fort Worth Regional Airport Board, Euless, Farmers Branch, Grand Prairie and Irving; (d) Release by the Trustee of the Trust Indenture. Section 6.03. OBLIGATIONS OF CITY. Authority shall never have the right to demand payment by City of any obligation assumed or imposed on it under and by virtue of this contract from funds raised or to be raised by taxation, it being expressly understood by the parties hereto that all payments due by City hereunder are to be made from the revenues and income received by City from its waterworks and sanitary sewer systems, as authorized by Section 3 of Article 11091, Vernon's Annotated Civil Statutes. Section 6.04. PAYMENTS TO CONSTITUTE OPERATING EXPENSES BY CITY. City represents and covenants that the services to be obtained pursuant to this contract are essential and necessary to the operation of City and its Local Wastewater Facilities, and that all payments to be made hereunder by it will constitute reasonable and necessary "operating expenses" of City's waterworks 25 and sanitary sewer systems, within the meaning of Article 1113, Vernon's Annotated Civil Statutes, and the provisions of all Ordinances authorizing the issuance of all revenue bond issues of City which are payable from revenues of City's waterworks and sewer systems. Section 6.05. CITY TO ESTABLISH ADEQUATE RATES. City agrees to establish and collect such rates and charges for Waterworks and Domestic Wastewater services to be supplied by its Waterworks and Domestic Wastewater systems as will make possible the prompt payment of all expenses of operating and maintaining its Waterworks and Domestic Wastewater systems, including all payments contracted hereunder, and the prompt payment of the prin- cipal of and interest on its obligations, if any, payable from the revenues of its Waterworks and Domestic Wastewater systems. Section 6.06. USE OF PUBLIC PROPERTY. By these presents, City authorizes use by the Authority of streets and general utility or sewer easements of City for construction, operation and maintenance of the Authority's System, so long as such use by the Authority does not interfere with any lawful use by the City, and subject to all of City's Ordinances respecting the manner of such use and restoration of lands, pavement or improvements resulting from exercise of the rights provided in this section, including the cost of relocation as an ex- Dense of the Authority's System. Authority will work with City and co- operate in the timing, planning and installation timetable of all facilities to be constructed and installed by Authority. Section 6.07. USE OF REVENUES OF SYSTEM. All revenues received from any source whatsoever by Authority by reason of its ownership of this System shall, to the extent permitted by law, 26 be credited to the funds of the System as established in the Bond Resolutions. To the extent permitted by law, if the Authority receives income from the use of treated Wastewater, prior to its discharge into a public stream of the State of Texas, the Authority will apply said income against the Operating and Maintenance Expense of the System. Provided, that revenues received by Authority from the Dallas -Fort Worth Regional Airport Board under contract dated July 16, 1971, as amended, and any revenues received under con- tracts, the revenues from which are pledged to the payment of special facility bonds, as permitted in the Bond Resolutions, shall not be credited to said funds of the System and will not be-a part of the pledge of revenues for payment of the Bonds. Neither shall any revenues received by the Authority under contracts where the Authority is acting as a signatory to the Texas Water Pollution Control Compact be included as a part of the pledge of revenues for payment of the Bonds. No funds derived from the Contracting Parties shall ever be used for the benefit of any project the revenues of which have been excluded from the pledge for payment of the Bonds, hereunder or which may be so excluded in the future. Section 6,08. FORCE MAJEURE. In case by reason of "Force Majeure" either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement, then if such party shall give notice and full particulars of such "Force Majeure" in writing to the other party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such Force Majeure, with the exception of the obligation of City to make the payments required in Section 5.03(e) hereof, shall be suspended during the continuance of the inability then claimed, but for no longer periods, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. 27 The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earth- quakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipe lines or canals, partial or entire failure of water supply, and inability on part of City to provide water necessary for operatioft of its water and Domestic Wastewater system hereunder, or of Authority to receive Wastewater on account of any other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be en- tirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Section 6.09. INSURANCE. The Bond Resolution will contain appropriate provisions requiring Authority to carry in- surance for purposes and in amounts which would ordinarily be carried by a privately owned utility company under contract to perform services similar to those undertaken by Authority in this contract. Such provisions will be so designed as to afford pro- tection not only for the holders of the Bonds but to assure and facilitate, to the extent feasible and practicable, the restoration W. of damaged or destroyed properties and to minimize the interruption of service to City and others. Section 6.10. REGULATORY BODIES. This contract shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the State of Texas or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. Section 6.11. ADVISORY COMMITTEE: The City's governing body shall annually appoint one of the members of its governing body or one of its officers as a voting member of the Advisory Committee for the Authority's Central Wastewater Treatment System. Said Committee shall be comprised of one voting representative of each Contracting Party and Additional Contracting Party. Additionally, the Board of Directors of the Authority shall annually appoint to serve as non- voting members of the Advisory Committee one of its Dallas County Directors and one of its Tarrant County Directors. The Advisory Com- mittee, at its first called meeting, shall elect a Chairman, a Vice Chairman and a Secretary. The Advisory Committee shall establish by- laws governing the election of officers, meeting dates and other matters pertinent to the functioning of the Advisory Committee. The Advisory Committee shall consult with and advise the Authority, through its General Manager, with regard to the following matters pertaining to the System: (i) Future plans for expansion; (ii) Methods for improved service; (iii) The inclusion of Additional Contracting Parties; (iv) The proposed Annual Budget, prior to its submission by the Authority's General Manager to the Authority's Board; 29 (v) Review of the Annual Report and Annual Audit; and (vi) All such matters as relate to its management, operation and maintenance. Said Committee shall inspect, no less than annually, all physical elements of the System. A copy of the minutes of the meetings of the Advisory Committee and all other pertinent data, shall be provided to the Authority's President. The term of membership on the Advisory Committee shall be for twelve (12) months, beginning on December 1st of each year and ending on November 30th of the succeeding year. A member may serve more than one (1) term if so appointed by the governing body represented. The Authority's General Manager, or his designated representative, shall serve ex officio as a member of the Advisory Committee without voting rights. All expenses of the Advisory Committee shall be considered as an operating expense of the System. Section 6.12. AUTHORITY CONTRACTS WITH OTHERS. The Authority reserves the right to contract with other- persons, natural or.corporate, private or public, to perform services similar to those to be performed under this contract or other ser- vices; provided, however, that no contract will be made for service within City's City limits or within the extraterritorial juris- diction of any City, as defined, in Article 970a, Vernon's Annotated Civil Statutes, on the date of such contract, without such City's written consent. Section 6.13. ADDITIONAL CAPACITY AND FACILITIES. As the responsible agency for the establishment, administration, operation and maintenance of the System, the Authority will, from 30 time to time, determine when it is necessary to provide additional facilities to receive, transport, treat and dispose of additional Wastewater of the Contracting Parties and any Additional Contract- ing Parties. In making the determinations called for herein, Authority covenants that such determinations will.be made only after detailed studies of statistical data available as to the need and feasibility have been made and after consulting with the Advisory Committee, consulting engineers and financial advisors. City will be kept advised at all times of planning and proposed development of the System. In no event shall any contract with an Additional Contracting Party be on terms more favorable than is avail- able to City hereunder unless the governing body of City shall approve such contract. Section 6.14. CITY CONTRACTS WITH OTHERS. City shall have the right to enter into contracts with other persons outside the City limits of City, natural or corporate, private or public, to receive Wastewater from such persons. City covenants that it will advise Authority of all such contracts and will, if requested by Authority, furnish Authority with a copy of such-contracts. Section 6.15. ANNUAL REPORT AND AUDIT OF SYSTEM. The Authority shall, at the close of each Fiscal Year, cause to be prepared an Annual Report and Audit of the System. Such report shall contain such matters and information as may be considered necessary and useful by Authority and the Advisory Committee. Section 6.16. PUBLICATIONS, REFERENCE WORKS, GOVERN- MENTAL REGULATIONS. In each instance herein where reference is made to a publication, reference work or Federal or State regula- tion, it is the intention of the parties that at any given time the then current edition of any such publication of reference work or Federal or State regulation shall apply. If a publication or reference work is discontinued or ceases to be the generally accepted work in its field or if conditions change or new methods 31 or processes are implemented by the Authority, new standards shall -be adopted which are in compliance with State and Federal laws and any valid rules and regulations issued pursuant thereto, Section 6,17., OPERATION OF THE SYSTEM, Authority covenants that it will operate the System in accordance with accepted good business and engineering practices and in accordance with requirements of the Fed- eral Water Pollution Control Act, as amended, and as said Act may be amended in the future, and any rules and regulations issued and to be issued by appropriate agencies in the administration of said Act. City and Authority agree that their obligations hereunder shall include compliance with the requirements made under said Act, and any rules and regulations issued pursuant thereto. Upon sale of the first issue of Bonds, Authority will immediately commence actions designed to eliminate odors caused by the ponds of Authority's present System. It is the intention of Authority to proceed as rapidly as possible with the design and construction of new facilities to eliminate all known sources of odor. ARTICLE VII AUTHORITY ANNUAL BUDGET Section 7.01, FILING WITH CITY. Not less than forty (40) days before the commencement of the second Fiscal Year and not less than forty (40) days before the commencement of each Fiscal Year thereafter while this contract is in effect, Authority shall cause to be prepared as herein provided its tentative budget for the operation of the System only for the next ensuing Fiscal Year. A copy of such tentative budget shall be filed with each Contracting Party and Additional Contracting Party. If no protest or request for a hearing on such tentative budget is presented to Authority within ten (10) days after such filing of the tentative budget by one or more Contracting Parties or Additional Contract- ing Parties, the tentative budget for the System, when adopted by Authority's Board of Directors, shall be considered for all purposes as the "Annual Budget" for the next ensuing Fiscal 32 Year. But if protest or request for a hearing is duly filed, it shall be the duty of the Authority to fix the date and time for a hearing on the tentative budget before the Advisory Committee as constituted in Section 6.11 hereof and shall so advise all Contracting Parties and Additional Contracting Parties in writing. The Advisory Committee shall consider the testimony and showings made in such hearing and shall report its findings to the Board of Directors of Authority. The Board of Directors of Authority may adopt the budget or make such amendments thereof as to it may seem proper. The budget thus approved by the Board of Directors of the Authority shall be the Annual Budget for the next ensuing Fiscal Year. The Annual Budget may be amended to provide for trans- fers of budgeted funds between expenditure accounts, provided however that said transfers do not result in an overall increase in budgeted funds as approved in the Annual Budget. The Annual Budget may be increased through formal action by the Board of Directors of Authority. Certified copies of the amended Annual Budget and resolution shall be filed immediately by the Authority with each Contracting Party and Additional Contracting Party. ARTICLE VIII EFFECTIVE DATE AND TERM OF CONTRACT Section 8.01. EFFECTIVE DATE. This contract shall become effective as of the date and time of the release of the Trust Indenture by the Trustee, as shown on said release, and as communicated in writing to City. Provided, the quality 33 standards specified in Article IV hereof shall not go into effect for a period of 120 days from the date the last of the Contracting Parties executes a contract in substantially the form and content of this contract. During such 120 day period, the quality standards to be in effect shall be those contained in contracts executed in 1957 between Authority and the Cities of Dallas, Farmers Branch, Grand Prairie and Irving. As of the date and time of the release of the Trust Indenture by the Trustee, this contract shall constitute the sole and only contract between City and Authority regarding Wastewater disposal services,, except for contracts dated as of July 18, 1969, as amended as of January 15, 1970, and January 15, 1971, between City and Authority. City hereby recognizes and affirms its duty of making the payments required under said contracts. Section 8.02. TERM OF CONTRACT. This contract-shall continue in force and effect from the effective date hereof for a period of fifty (50) years, and thereafter shall continue in effect until any Outstanding Bonds, Bonds, or any Bonds issued to refund same, if any, have been paid in full. City shall have the right to the continued performance of services provided here- under for the useful life of the System after amortization of Authority's investment in the System, upon payment of charges by City, reduced to take into consideration such amortization. 34 •. Y "i IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this contract to be duly executed in several counterparts, each of which shall constitute an original, all as of the day of 1973, ATTEST: Secretary (SEAL) ATTEST: City Secretary (SEAL) TRINITY RIVER AUTHORITY OF TEXAS By General Manager CITY OF EULESS, TEXAS Y Mayor 35