HomeMy WebLinkAbout1977-0823 Sewage Effluent Discharge AgreementSEWAGE EFFLUENT DISCHARGE AGREEMENT
THE STATE OF TEXAS )
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COUNTY OF DENTON )
THIS AGREEMENT is made by and between DENTON
COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (the "DISTRICT"),
a governmental agency of the State of Texas organized and
operating under the provisions of Chapter 54 of the Texas
Water Code and Article XVI, Section 59 of the Texas Consti-
tution, and TROPHY CLUB ESTATES (the "DEVELOPER"), a joint
venture acting herein by and through DEAN L. FENTON, its
General Manager.
WITNESSETH:
WHEREAS, the DISTRICT presently owns and is operating
a sewage system within its boundaries, which includes land
owned and/or developed by DEVELOPER; and
WHEREAS, the DISTRICT desires to secure a suitable
location for the discharge of its sewage effluent, and
DEVELOPER owns a reservoir which is suitable for the dis-
charge of the DISTRICT'S sewage effluent and desires to
secure discharge of such sewage effluent into its reservoir
to be used in the DEVELOPER'S irrigation system.
NOW, THEREFORE, in consideration of the premises
and the mutual covenants and obligations contained herein,
the parties contract and agree as follows:
1. Agreement. The DEVELOPER hereby agrees to allow
the DISTRICT to discharge its sewage effluent into a reservoir
or reservoirs located upon property owned by DEVELOPER, and
the DISTRICT hereby agrees that all of its sewage effluent
will be discharged into the reservoir or reservoirs of
DEVELOPER.
2. Treatment of Effluent. The DISTRICT agrees
that all sewage effluent discharged into DEVELOPER'S
reservoir(s) pursuant to this Agreement shall be treated
in accordance with the permit held by the DISTRICT from the
Texas Water Quality Board. DEVELOPER agrees to see that
proper signs are posted around the reservoir(s) and irri-
gation system stating that the water is from a non -potable
water supply, in accordance with the applicable rules and
permits of the Texas Water Quality Board.
3. Compensation. Since each of the parties to
this Agreement will benefit from the existence of the Agree-
ment, there is no monetary compensation to be paid by either
party to the other under this Agreement.
4. Term. This Agreement shall expire on Decem-
ber 31, 1978, but shall automatically be renewed for an
unlimited number of additional terms of one year each, unless
either party gives notice to the other party no later than
sixty (60) days in advance of its desire to terminate the
Agreement at the end of the then current term of the Agreement.
5. Miscellaneous Provisions.
(a) Further Assurances. Each party hereto
agrees to perform any further acts and to execute
and deliver any further documents which may be
reasonably necessary to carry out the provisions
of this Agreement.
(b) Severability. In the event that any of
the provisions, or portions thereof, of this Agree-
ment are held to be unenforceable or invalid by any
Court of competent jurisdiction, the validity and
enforceability of the remaining provisions, or
portions thereof, shall not be affected thereby.
(c) Governing Law. This Agreement has been
executed in and shall be governed by the laws of the
State of Texas.
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(d) Inurement. The provisions of this Agree-
ment shall inure to the benefit of and shall be
binding on the assigns and successors in interest
of each of the parties hereto.
(e) Entire Agreement. This instrument contains
the entire agreement of the parties hereto and no
modification, amendment, change, or discharge of any
term or provision of this Agreement shall be valid or
binding unless the same is in writing and signed by
the parties hereto. No waiver of any of the terms
of this Agreement shall be valid unless signed by
the party against whom such waiver is asserted.
(f) Notices. Any notice required under this
Agreement may be given by mailing or delivering such
notice to the respective parties at the following
addresses:
DISTRICT: Denton County M. U. D. #1
1800 Commerce Building
Fort Worth, TX 76102
DEVELOPER: Trophy Club Estates
Post Office Box 443
Roanoke, TX 76262
(g) Multiple Counterparts. This Agreement is
executed in multiple counterparts, each of which
shall be deemed an original instrument.
6. Effective Date. This Agreement shall be effective
as of August 1, 1977.
1977.
EXECUTED this the r day of 5 ,
y
DISTRICT: DENTON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1
DEVELOPER:
By
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TROPHY C
ESTATES