1973-Q-6-Contract-Sewer
zj- fJ - ~
MINUTES PERTAINING TO THE PASSAGE AND ADOPTION
OF AN ORDINANCE AUTHORIZING EXECUTION OF A CON-
TRACT FOR SEWERAGE SERVICE
CITY
OF
SCHERTZ
x
X
X
X
X
X
THE S TA'l'E
OF TEXAS
COUNTIES OF GUADALUPE
AND BEXAR
ON THIS, the 6th day of March, 1973, the City Council of the
City of Schertz, Texas, convened in reqular ~es~ion at the regular
meeting place thereof in the City Hall, the meeting being open to the
public and notice of said meeting, giving the date, place and subject
thereof, having been posted ae prepcribed by Article 6252-17, Section
3A, V.A.T.C.S., with the following members pre~ent and in attendance,
to wit:
JESSE W. GRAHAM
MAYOR
ROBERT E. SCHWARTZ
HUGH G. SANDIFER
LEON R. CHAMBLESS
RICHARD MANSFIELD
MRS. NELL FUNK
)
)
)
)
)
ALDERMEN
and with the following absent: Non e ,
constituting a quorum; and among other proceedings had were the following:
The Mayor introduced a proposed ordinance. The ordinance wa~ read
~n full.
Alderman _u_ F,~nk made a motion that any rule re-
quiring ordinances to be read more than one time or at more than one
meeting be suspended, and that said ordinance be pap~ed ap an emergency
measure. The motion was seconded by Alderman ,.~hall1.1?.!ess
and carried by the following vote:
AYES~ Aldermen Schwartz, Sandifer, Chamb1e~s, Mansfield and
Funk.
NOESi None.
Alderman Chamb1~~~<._,,_ made a motion that the ordinance be passed
finally. The motion was seconded by Alderman Funk and carried
by the following vote~
AYES: Aldermen Schwartz, Sandifer, Chambless, Mansfield and
Funk.
NOES: None.
The Mayor announced that the ordinance had been finally passed.
The ORDINANCE is as follows:
AN ORDINANCE approving the form of a proposed con-
tract for sewerage service to be executed by and
between the City of Schertz, Texas, and the
Cibo1o Creek Municipal Authority, and making
provision for the execution thereof; and de-
claring an emergency.
WHEREAS, this governing body has been negotiating with the
Board of Directors of the Cibo1o Creek Municipal Authority on
the terms and conditions of a proposed contract for sewerage
service; and,
WHEREAS, it now appears that an acceptable contract has
been prepared, the same being attached hereto and made a part
hereof for all purposes, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXA S :
SECTION 1: That the form of proposed contract for sewerage
service mentioned in the preamble hereof is hereby approved by
this City Council.
SECTION 2: That this ordinance, with the form of contract
attached hereto, shall be made a part of the permanent records of
the City, and the City Secretary is directed to record the same
in the official minutes of this City Council.
SECTION 3: The Mayor and City Secretary are authorized and
directed to execute the proposed contract (in such form) as the
act and deed of this City and this City Council.
SECTION 4: The fact that it is to the best interest of the
City to approve a proposed contract for sewerage service between
. the City and the Cibolo Creek Municipal Authority at the earliest
possible date constitutes and creates an emergency and an urgent
public necessity requiring that any rule providing for ordinances
to be read more than one time or at more than one meeting of the
City Council be suspended, and requiring that this ordinance be
passed and take effect as an emergency measure, and such rules
and provisions are accordingly suspended, and this ordinance is
passed as an emergency measure and shall take and have effect
and be in full force from and after its passage.
PASSED AND APPROVED, this the 6th day of March, 1973.
ATTEST:
f7~/j{J~~
MaYO~ty of Schertz, Texas
Q:A. f ~ ~ " /s;Lf.~J-/:<:1 L
~~ec~etary, City of Schertz,
C .Texas
(City Seal)
copy
THE STATE OF TEXAS l
l
COUNTY OF GUADALUPE 1
CONTRACT FOR SEWERAGE SERVICE
This contract made and entered into as of the ,--2/a;:
/J.i,kJL:CJ.J , 1973, by and between the Cibolo
Munic-ipa 1 Authr>ri ty, (hereinafter ca lIed HAuthori ty"
City of Schertz l Texas, (hereinafter call(~d "City" .
WITNESSETH
Whereas, the Authority was created and establ. hed as a
governmental agency, body politic and corpo e, and a conserva-
tion and reclamation district under Arti~ ~ VI, Section 59 of
the Constitution of Texas by Chapter 347, cts of the 62nd
Legislature, Regular Session, 1971; a~"
Whereas, the Texas lva ter Qua Ii ty Boa d as des igna ted the
Authority as the governmental entit develop a regional.
sewerage system in tha t area of th bolo Creek Wa tershed
heretofore designated (by Board No. 70-0327-2) as a
regional area and has charged th thority with the responsibility
of the design, construction and 0 eration of such regional sewerage
system; and
Whereas, such regional sewera
consist of sewage treatment
system of the Authority is to
ants, outfall and interceptor
be and is responsible for the
ntenance of all portions of the
n the aforesaid area that are eligible
660 as of July 1, 1972, while other
collector) are to be maintained and
political subdivisions in such area, and
lines and the Authority
design, construction and
sanitary sewer system .
for grant under Publ.
portions of the syst
constructed by var.i
others; and.
Whereas, the Cit
the purpose of
includes the
the premises d
(such exhibit
s heretofore issued its bond obligations for
iring a sanitary sewer system and such system
L .ng sewage treatment plant which is located on
cribed in E hibit A attached to this contract
eing made a part hereof for all purposes); and
Whereas, the said sewage treatment plant of the City is to be
incorporate as an integral part of the regional sewerage system
and the e cut ion hereof by the parties is considered proper
and expe ent in order to provide the regional or area-wide waste
collect n, treatment and disposal system which is necessary to
preven pollution or maintain and enhance the quality of water
in th area;, and
eas, the parties hereto, by their respective governing bodies
ereby find and determine:
(1) that.a regional or area-wide system is necessary
and desirable to prevent pollution and maintain
or enhance the quality of water in the area; and
(2) that the proposed regional system of the Authority
is capabl~ or, in the reasonably foreseeable future,
1.
can be made capable of serv1c1ng the waste
water collection, treatment and disposal needs
of all of the said area; and
(3) that the Authority as owner or operator of said
system is agreeable to providing such services
in full conformity with the aforesaid order of
the Texas Water Quality Board, and
(4) that the operation of the sewage treatment plant
by the Authority will be more economical (by
reason of scale) than the continued operation of
the sewage treatment plant by the City; and
(5) it is the desire of the parties signatory that
costs for performing sewage transportation and
treatment, should be distributed to the users
to assure (a) uniform charges, (b) economic
efficiency, administrative simplicity, and (c)
revenue adequacy so the region as a whole will
benefit from improved quality of the treatment
of sewage and the consequent improvement of the
quality of water and the environment in the
region; and
Whereas, this contract is intended to assist in implementing
State policy to establish and control the quality of water in the
State and control, prevent and abate the pollution thereof, and
encourage and promote the development and use of regional and
area-wide waste collection, treatment and disposal systems to
serve the waste disposal needs of citizens of the State; and
Now, Therefore, the parties hereto, in consideration of the
mutual agreements and undertakings hereinafter set forth, hereby
contract and agree as follows:
2 .
ARTICLE I
Defini tions
SECTION 1.01: Unless the context shall indicate a
contrary meaning or intent, the terms below defined, for all
purposes of these contracts and any contract amendatory or
supplemental to either of them, shall be construed or used
and are intended to have meanings as follows:
(a) "additional contracting party or parties"
means any city or other person, as defined in
Chapter 25 of the Water Code, other than the
parties hereto, who shall enter or have entered
into a contract with the Authority under which
the Authority is to furnish service to such City
or other person through the system.
(b) "de bt of the s ys tern" mea ns "
(i) the amount required by the proceedings
authorizing the issuance of bonds of the
Authority to be set aside and provided for the
payment and security of each series of bonds
delivered by the Authority to provide for the
construction of all or part of the system or for
the improvement, repair, or extension thereof,
and
(ii) the cost of the treatment plant of the City
which is located on the premises described in
Exhibit A, and the cost of the treatment plant of
any additional contracting party which (a) is
located in whole or in part in the service area
of the Authority and (b) which party (as the owner
thereof) executes a contract with the Authority
whereby the Authority operates the same. Cost of
any such treatment plant shall be determined as
provided in Section 4.11.
(c) "engineer" means an independent consulting
engineer of national repute as may be selected
by the Authority for services in connection with
the system.
(d) "fiscal year" means the twelve-month period
beginning ~~b~ I of each year.
(e) "industrial waste ordinance" means any order,
resolution, or ordinance adopted by the parties
or additional contracting parties to control or
regulate the discharge into the system of
(i) liquid and water-carried wastes from industrial
processes, as distinguished from sanitary sewage,or
(ii) garbage (solid wastes from the preparation,
cooking and dispensing of food, and from handling,
storage and sale of produce) or
3.
(iii) "grease" (fats, ~vaxes, oils, and other
similar materials in waste water, as determined
by procedures specified in the then latest
edition of "Standard Hethod for Examination of
Water and Haste Hater" published by American
Public Health Association,Inc.).
(f) The words "local setoJerage facilities" shall
mean all facilities owned or operated by the City
or one or more of the additional contracting
parties for the local collection of sewage to be
delivered to the system.
(g) "maintenance and operation expense" means all
costs of repairs and replacements of the system,
all costs of maintenance and operation of the
system including (for greater certainty but with-
out limiting the generality of the foregoing)
supervision, general administrative, engineering,
accounting, auditing, annual reports, and payments
made by the Authority in satisfaction of judgments
resulting from claims not covered by the system's
insurance, or any costs arising in connection with
the operation of the system, and legal expense,
and any other supplies, insurance, services and
equipment necessary for proper operation and
maintenance of the system. Such term shall not
include depreciation.
(h) "meter" means any device used to measure se~vage
flow.
(i) "metered discharge" means the volume of sewage
flow, expressed in millions of gallons, introduced
into the system.
(j) "point of entry" is a designated location on the
system at which a particular contracting party
may discharge sewage into the system.
(k) "sanitary sewage" means liquid and water-carried
waste discharged from the sanitary conveniences
of dwellings and other buildings.
(l) "system" means
(i) the Sewage Treatment Plant or plants
owned or operated by the Authority together
with all future extensions, betterments, replace~
ments, or additions thereto constructed or other-
wise acquired with the proceeds of financing
accomplished by the Authority and
(ii) the other facilities (including interceptors)
to provide for the receiving, transporting,
treating and disposing of sewage which the Authority
is obligated to receive under the terms of this or
similar contracts; said term shall include only
those facilities which are constructed or acquired
or the use of which is arranged for by the Authority
4.
to afford service in the service area of the
Authority which can economically and efficiently
be served by said system irrespective of whether
the facilities of said system are physically
interconnected. Specifically, the term includes
any facilities leased by the Authority or operated
for or on behalf of the City or an additional
contracting party.
5.
ARTICLE II
Representations and Agreements
SECTION 2.0l: The City's Representations and Agreements.
In connection with its undertakings hereunder, the City represents
as follows =
(a) In its capacity as a duly incorporated city of
Texas, it is empowered under applicable laws of
Texas, particularly under the Interlocal Coopera-
tion Act and the Texas Water Code to enter into
the engagements prescribed for it under this
agreement and to perform all obligations which
may result therefrom, and its governing body
has duly authorized execution of this agreement.
(b) It will exclusively use the waste collection,
treatment and disposal system or systems to be
provided under the terms of this agreement and
in accordance with the terms and conditions
herein set forth.
(c) It will timely pay to the Authority the full
amount it is required to pay under the provisions
of this contract for the services supplied by
the system.
(d) During the time this contract is in force and
effect, it will not expend any funds for the
construction of additional capacity of waste
water treatment.
(e) That it will (i) plan, construct, maintain and
finance local sewage facilities, (ii) set retail
rates to individual customers for utility service
adequate to meet its obligation including those
hereunder, (iii) bill and collect for local sewer
services; (iv) set and enforce construction
standards (plumbing codes and building ordinances)
for local lines based on regional standards;
(v) issue tap permits on local lines but not on
lines forming a part of the system.
(f) That it will cooperate ~vith the Authority in the
performance of the duties and responsibilities
assigned to the Authority by this contract.
(g) Any sewer tateral, main, or sub-main serving two
or more residential or commercial units of the
city which is connected in the future directly or
indirectly with the system shall be designed by,
and the construction shall be supervised by,
competent engineers. Such engineers shall, in
the preparation of plans and specifications for
such construction, incorporate therein requirements
and methods of construction approved by the city
and the Authority.
6.
SECTION 2.02: Representations and Agreements of
Authority. Authority represents to the City and agrees with
such party that:
(a) it will use its best efforts to obtain maximum
State and Federal grant assistance in construct-
ing the system to the end that capital costs
shall be kept at a minimum.
(b) it will finance and construct the initial
improvements, extensions, and interceptors
which are to constitute a part of the system
in its initial stage of development; and
(c) during the period of the development and
expansion of the regional system (including the
planning, construction, and financing stages),
the operation and maintenance of the city plant
(described in Exhibit A) shall be the responsi-
bility of the Authority.
(d) the Authority will:
(i) to prepare comprehensive regional plans
for water quality management, control and
abatement of pollution in its service area
which
(1) are consistent with any applicable water
quality standards established pursuant to
current law;
(2) endeavor to maintain disposal systems as
will provide the most effective and economical
means of collection, storage, treatment and
purification of waste, and recull~ends means to
encourage rural, municipal and industrial use
of such works and systems; and
(3) recvlluHend maintenance and improvement of
water quality standards within said area and
recommend methods of adequately financing those
facilities as may be necessary to implement the
p la n .
(ii) to J01n in the performance of planning
functions with any public agency and enter into
planning agreements for such term and upon such
conditions as may be deemed desirable so as to
provide coordinated planning on an area-wide scale;
(iii) to evaluate the planning as facilities are
completed;
(iv) to encourage the development and enforcement
of waste water standards within its service area.
The planning by the Authority shall be comprehensive in
nature, shall consider the sources of water, uses of water,
recycling, pollution sources, pollution abatement techniques
7.
and devices as well as the use of water within the region.
Local influence and input shall be obtained for planning of
interceptors.
SECTION 2.04: Construction. The Authority agrees to
proceed as promptly as possible with the construction of the
improvements which will constitute a part of the initial system.
8.
ARTICLE III
Procedures to Insure Quality
SECTION 3.01: Points of Entry. The system shall accept
sewage only from the City and additional contracting party.
Sewage will be accepted into the system at points of entry.
The Authority shall provide additional points of entry as may
be required by the City provided any additional point of entry
(after initial construction is completed) is found to be
economically feasible by the engineer. The initial points of
entry for the City are set forth in Exhibit C to this contract.
SECTION 3.02: Quality.
(a) the city agrees to limit its discharge into the
system to those that are defined as
admissible discharges in the industrial waste
ordinance and curtail the discharge of any
wastes that have the characteristics of pro-
hibitive discharge under said ordinance.
(b) The parties hereto recognize that various
Federal and State regulations agencies
periodically modify the standards on prohib-
itive discharges; and revisions to the
industrial waste ordinances of the parties
hereto will periodically become necessary so
as to comply with these latest standards. It
is the intention of this contract that the
respective industrial waste ordinances be
reviewed periodically by the parties and each
hereby covenants to revise its ordinance in
accordance with the latest standards of any
Federal or State agency having regulatory
powers within 90 days of the receipt of notice
from one party to the other of such change.
SECTION 3.03: Testing Qualitv. At regular intervals of
not more than one month, the Authority will collect twenty-four
hour composite samples of all sewage at each point of entry and
cause same to be analyzed by American Public Health Association
Standard Methods.
Should the analysis disclose concentrations higher than
permitted by the industrial waste ordinance, the Authority will
at once inform city of such disqualification. It shall be the
obligation of city to require the offending originator of said
highly concentrated materials to undertake remedial pretreatment
before discharge into the city's local sewage facilities. The
engineers will cooperate with engineers of city in reaching a
satisfactory solution but will not undertake to specify the pre-
treatment process to be employed. In some borderline cases of
excessive strength of industrial waste the industry originating
and the city may be desirous and the Authority may be agreeable
to negotiate terms under which the Authority will accept and
trea t the over-strength was te, but Authority makes no cvulluittment
9.
to perform such service.
SECTION 3.04: Responsibility for Wastes. The City (i)
shall have full responsibility in connection with all wastes
handled by its local sewage facilities and (ii) agrees to
save and hold the Authority harmless from all claims, demands
and causes of action which may be asserted by anyone on account
of the transportation, delivery and disposal of said wastes
while they are in the process of being handled by such local
sewage facilities.
SECTION 3.05: Provision for Metering. The Authority
will install, operate and maintain as a part of the system
the necessary equipment and devices of standard type for
properly measuring all sewage discharged into the system. Each
user shall have access to such metering equipment at all
reasonable times for inspection and examination, but the reading,
calibration, and adjustment thereof shall be done only by
employees or agents of the Authority, and each such user shall
have access to the record books kept by the Authority at its
office during reasonable business hours.
SECTION 3.06: Calibration of Meter. Not more than three
times in each year of operation, the Authority shall calibrate
its meters provided for the city, if requested in writing by
the city to do so, in the presence of a representative of such
party, and the parties shall iointly observe any adjustments
which are made to the meters in case any adjustment is found
to be necessary.
SECTION 3.07: Inaccuracies of Meter. If, upon any test,
the percentage of inaccuracy of any meter is found to be in
excess of five percent (5%), 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 months. If, for any reason, any meters are out of service
or out of repair so that the amount of sewage, discharged cannot
be ascertained or computed from a reading thereof, the amount of
sewage discharged during the period such meters are out of
service or out of repair shall be estimated by the engineer and
agreed upon by the parties hereto on the basis of the best data
available.
SECTION 3.08: Check Meter. The City may, at its option
and at its own expense, install and operate a check meter to check
each meter installed by the 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 specific-
ally 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 the
Authority, but the reading, calibration and adjustment thereof
shall be made only by the City, except during any period when a
check meter may be used by the operator under specific written
consent of the owner of the check meter for measuring the amount
of sewage discharged into the system, in which case the reading,
10.
calibration, and adjustment thereof shall be made by the
Authority with like effect as if such check meter or meters
had been installed by the operator.
SECTION 3.09: Unit of Measurement. The unit of measure-
ment for sewage hereunder shall be gallons, U. S. Standard Liquid
Measure.
ll.
ARTICLE IV
Fiscal Matters
SECTION 4.01: Types of Payments for Service. For and
in consideration of the undertakings of the Authority hereunder,
the city agrees it will make payments to the Authority of the
following payments:
(a) Base monthly payment - a pro rata cost of main-
tenance and operation expense of the System
(including power, chemicals and supplies
required in the treatment of sewage).
(b) Sewer payment - an amount adequate to discharge
its pro rata part of the amount required for the
amortization of the debt of the system. Such
payment shall, with respect to the debt of the
system, be not less than one-twelfth (l/l2) of
the requirements to become due within the fiscal
year to which the budget relates, provided the
Authority may adjust such payments as required
to provide for the accumulation of the full
amount of the sewer payments on the first day
of the month preceding the time debt service
requirements become due. In making a determi-
nation of the amount of the sewer payments,
consideration shall be given to the amount on
hand in the interest and sinking fund, whether
from investment income, provision for interest
during construction from bond proceeds, or other
sources.
(c) Additional monthly payment - any amount estab-
lished as the charge to the city for the treatment
for each l,OOO gallons of sewage delivered into
the system which does not meet the requirements
for admissible discharge.
"SECTION 4.02: Proration of Base Monthly and Sewer Payments.
The pro rata portion of expense the city is to bear under the
provisions of subparagraphs (a) and (b) of Section 4.0l shall be
the proportion of such expense for the treatment of admissible
discharge which the amount of admissible discharge delivered
through its local sewage facilities to the system bears to the
total amount of such admissible discharge so delivered through
all local sewage facilities.
SECTION 4.03: Time for Making of Payments. (a) On or before
the first day of the month hereafter specified and on or before
the first day of each month thereafter, each city shall pay:
(1) Base monthly payments - on or before the first day
of October, 1974.
(2) Sewer payment - on or before tte first day of
October, 1974.
12.
(3) Additional monthly payment - the month following
the delivery of the prohibited discharge to the
system.
'(b) On or before the first day of , 1973, and
on or before the first day of each month thereafter, through and
includll1g September 1, 1974 (and not for any months thereafter
when the provisions of paragraph (a) of this Section shall be
applicable), the City shall pay to the Authority 209 for each
1,000 gallons of sewage delivered by it to the Authority at a
point of entry. During such period (so long as the debt of the
system is not increased), such payment shall constitute the full
amount required to meet the base monthly payment and the sewer
payment for which provision is made in paragraphs (a) and (b)
of Section 4.01. The amount due as an additional monthly pay-
ment (Section 4.0l(c)(for sewage which is not an admissible
discharge) shall not be reduced or affected by the payments
hereunder.
The amount set forth in the preceding paragraph shall be
subject to adjustment as provided in Sections 4.07(b) and 4.07(c).
The Authority shall also adjust the payment due from the
city and other contracting parties (during the time payments are
made on the basis of the number of gallons of sewage delivered)
to take into account the infiltration of ground water into the
system from the local sewage facilities. The Authority shall
use the records of the U. S. Weather Bureau or any other records
deemed accurate.
SECTION 4.04: Covenant. of Timely Payment. The city
covenants that it will timely make (i) the sewer payments in
accordance with the provisions hereof irrespective of whether
service of the system is available to it or used if so avail-
able to it, or service has been discontinued; (ii) the base
monthly payments; and (iii) the additional monthly payments,
if any, as the same shall become due and payable.
SECTION 4.05: Late Payment Penalty. Should the city
fail to make any payment at the times herein specified, inter-
est on such amounts shall accrue at the rate of six per centum
(6%) per annum from the date such payment becomes due until
paid in full with interest as herein specified. In the event
such payment is not made within sixty (60) days from the date
such payment becomes due, Authority may, instituted a proceed-
ing for a mandatory injunction requiring the payment of the
amount due and interest thereon, such action to be instituted
in a court of competent jurisdiction.
SECTION 4.06: Priority of Charges - City to Fix Ade-
quate Rates. (a) the city represents and covenants that all
payments to be made by it hereunder shall constitute "operating
expenses" of its sanitary sewer system vJith the effect that the
obligation to make such payments from its utility system revenues
under this contract shall be an operating expense as defined by
Article ll13 of the Revised Civil Statutes of Texas, 1925, as
amended.
(b) the city further agrees to fix and collect such rates
and charges for utility services to its customers as will, in
13.
combination with any other funds legally available and reasonably
assured for the purpose, make possible the prompt payment of all
eXpenses of operating and maintaining its utility system and all
payments contracted hereunder.
SECTION 4.07: The Budget. All parties executing this
instrument recognize a portion of the cost which is to be paid
for service supplied by the system will be calculated on the basis
of estimated quantities of sewage treated and estimated expenses;
that the Authority will be required to accumulate funds with
which to pay its debt service requirements; that the maintenance
and operating expense of the system must be provided. According-
ly, the following procedures ~vill be employed:
(a) On or before the 15th day of July prior to the
close of the initial fiscal year, and on or before the 15th
day of each July thereafter, the Authority shall determine the
amount of the base monthly payments to be due the Authority by
each user for the ensuing fiscal year.
(b) During the months of January and July of each year
that the city is obligated to make a base monthly payment, or
when an additional contracting party becomes obligated to pay
a portion of the expense that otherwise would be borne by a
party hereto, the Authority shall review the amount which each
user has been required to pay under the annual budget to determine
if such amount is insufficient or excessive, and in the event
the amount paid or scheduled to be paid by any such user of the
system is found to be insufficient or excessive, the budget
for the remainder of the fiscal year or succeeding fiscal year
or years will be adjusted accordingly for the ensuing month or
months with the view that all base monthly payments for the fiscal
year will be adequate for the intended purpose thereof as well as
adequate to provide or maintain an operating fund for the operator
which is two times the average base monthly payment. (Upon any
termination of this contract, any user of the system (city or
other contracting party) shall be entitled to the return of such
money as it has deposited with the Authority for the operating
expenses, after provision has been made for the payment of expen-
ses properly chargeable thereto.) In the event the Authority
finds the base monthly payments will be or might be insufficient
to provide the amounts required under the provisions of this
contract, the Authority may -- at any time -- review and adjust
the base monthly payments accordingly for the balance of the
fiscal year, or the succeeding fiscal year or years; provided,
however, no such adjustment may be made without the approval of
the City unless the Authority finds by resolution that the
reserve (two base monthly payments initially paid in) ~vil1 or
may be depleted prior to the end of the fiscal year.
Any additional amount which the city is required to pay
by reason of an adjustment shall be paid by the city to the
Authority on or before the 15th day after notification by the
Authority of the amount due and the same shall be treated as
the same character of obligation as a sewer payment.
(c) When the debt of the system is increased, the Autho-
rity shall forthwith (within 30 days of the delivery of its obli-
gations) compute the additional amount required, if any, as a sewer
payment to become due prior to the time such debt will be included
in the regular budget process, and shall notify the city and other
contracting parties of the additional amount to be paid monthly in
order to fully provide for such additional debt.
l4.
(d) Within 7 days after the completion of the annual
budget or any amendment thereto, the governing officials of
the Authority shall transmit a copy thereof to the city and
each additional contracting party. Within 10 days of the
receipt of such budget (or amendment) the city and each
additional contracting party may indicate any exceptions or
suggestions and the same shall be transmitted to the Authority.
Due consideration shall be given by the Authority to any
exceptions or suggestions by any such contracting party and
the same shall be incorporated insofar as consistent with
the Authority's rights and obligations. In the event any
annual budget (or amendment) shall increase or decrease the
base monthly payment due, the reason therefor shall be set
forth by the Authority in writing at the time of notifying any
city or additional contracting party of the adjustment in the
base monthly payment. Each annual budget (or amendment) shall
contain a schedule of the base monthly payments to be made
by the city or additional contracting parties for the use of
the system.
SECTION 4.08: Records of Authority~ The Authority
shall keep detailed records and accounts of the expenses
mentioned so the same may be divided or prorated as herein-
above provided. In no event shall any of the expense charged
to the city include depreciation or nonallocable expenses.
The Authority covenants that the expenses it is to
assume and pay by reason of the provisions of this contract
will be paid out of funds available to it.
SECTION 4.09: Adjustments to Charges. It is agreed
the following adjustments shall be made:
(a) Sale or Reuse of Waste Water. Any income derived
by the Authority from the sale or reuse of effluent shall be
credited to the city and additional contracting parties in
the same proportion as flow contributed by the city and
additional contracting party to the system. The adjustment
shall be made annually immediately after the close of each fiscal
year and shall be a credit on maintenance and operating expenses
owed by the particular user.
(b) Use of Existing Facilities. For .the payment of the
debt of the system the city shall be entitled to receive
compensation for its existing treatment plants or interceptors,
either or both (described in Exhibit A). Such credit shall be
evidenced by an offset against the sewer payment to be made
monthly and the annual budget shall take such credits into
account for budget purposes; all credits to which the city shall
be entitled shall be given monthly as set forth in Exhibit B.
SECTION 4.10: Nature of Obligation of City. (a) The
payments required to be made by the city under the terms of this
contract shall be due and payable as herein specified in any
and all events and regardless of whether there shall be, for
any reason, a delay in the completion of all or any part of the
improvement program and regardless of whether the system shall
have been wholly or partially destroyed or damaged. The agree-
ments of the city and each additional contracting party to make
the payments required shall be and are separate and independent
15.
covenants and no city shall have a right of setoff, recoup-
ment or counterclaim, except as credit is permitted for a city
or additional contracting party under the provisions of
Section 4.09(b) of this contract (or a similar contract with
any additional contracting party) for the use by the Authority
of existing facilities. As to the base monthly payments and
additional base monthly payments, however, the city may
discontinue payment of same during any period during which such
city shall not be tendered any service by the system by
wrongful affirmative act of the Authority_ The Authority shall
never have the right to demand payment of any obligation
assumed by the city out of funds raised or to be raised by
taxation. Any obligations assumed or imposed on a party hereto
shall never be construed as a debt of such party of any kind as
to require it under the Constitution and laws of this State to
levy and collect taxes to discharge such obligation, it being
expressly understood by the parties hereto that the funds
required for all payments due by city are to be collected from
the sources referred to in the next succeeding section. The
city agrees to operate and maintain its local sewage facilities
in such manner and to make such charges for the services
supplied thereby to all customers so that the revenues derived
therefrom will always be adequate to enable such city to
promptly make all payments due Authority under the provisions
of this agreement, and all payments so made shall be deemed
expenses of maintaining and operating the local sewage facilities
of the city.
(b) It is understood that at this time the Authority
is not in position to guarantee the construction of the
contemplated improvements to system or on the date on which same
may first be made available. The Authority does agree, however,
to make diligent efforts to provide all contemplated improvements
to the system facilities, but shall not be liable to the city
for any damages occasioned by delay unless such is attributable
to its own fault.
SECTION 4.11: Cost of Treatment Plant. The cost of
the treatment plant of the city, as well as the cost of a treat-
ment plant of additional contracting party, shall be determined
by the engineer as follows:
(a) The amount of bonds issued for sewer purposes shall
be determined.
(b) the amount of bonds issued to provide the sewer
treatment plant (including improvements) shall be determined.
(c) the amount of bonds issued for sewer treatment
plant purposes shall be expressed in terms of the per centage
of the total bonds issued for sewer purposes (hereinafter called
"applicable per centage").
(d) The amount of outstanding bonds (as of January 1 of
the year in which the contract is executed) of the party as
issued for sewer purposes (under clause (a) of this Section)
shall be determined as well as the interest on such bonds to
final principal maturity.
(e) the total debt service requirements determined under
l6.
clause (d) shall be multiplied by the applicable per centage
which product is the total cost of the treatment plant for
the purpose as such term is used in the definition of the
debt of the system.
17.
ARTICLE V
Miscellaneous Provisions
SECTION 5.0l: Contract Term - City's Rights at End of
Term. The obligation of the city to promptly make all pre-
scribed monthly payments shall commence with the delivery of
the first series of the Authority's bonds issued to provide
the initial improvements to the existing sewage treatment
plants (unless a later date is specified in the resolution
authorizing their issuance) and continue for a term (i) of
50 years or (ii) until all debt of the system has been retired,
whichever shall last occur. At the end of such term, Authority
agrees all contracting parties (including the city) shall have
the right to an extension of the term of this contract beyond
such initial period for an additional term of sixty (60) years
under identical terms and conditions provided the city and all
additional contracting parties are then agreeable.
SECTION 5.02: Modification of Provisions. This contract
may be changed and modified only with the consent of the govern-
ing bodies of all parties signatory. Such modification may be
requested by either party, in which event a joint meeting of
the governing bodies or of their duly authorized and appointed
representatives shall be held not less than thirty (30) days
after the giving of such notice. At such joint meeting the
suggested changes or modifications shall be considered, dis-
cussed and settled. No such change or modification may be
made which will affect adversely the payment when due of all
monies required to be paid by the city under the terms of this
contract and no such change will be effective which affects
adversely or causes a violation of any covenants contained in
the resolution or order authorizing the issuance of Authority's
bonds.
If for any reason the city may desire the construction
of any additional facilities over and above those now contem-
plated and provided same are within the legal and economic
capabilities of Authority, provision therefor shall be made
by means of a supplement hereto, the terms of which are to be
negotiated between such city and the Authority. Should the
Authority desire to construct any such additional facilities
for the purpose of meeting its obligations to the city or
additional contracting party, the Authority shall not proceed
with any work on such facilities other than preliminary planning
without following the procedures described in this section.
Nothing herein shall restrict the power of the Authority to
enter into additional contracts with additional contracting
parties provided the revenues of this contract are not pledged
or hypotheca ted in any manner thereunder.
SECTION 5.03: Regulatory Provisions. This contract shall
be subject to all valid rules, regulations and laws applicable
thereto, as promulgated by the United States of America, the
State of Texas, or any other governmental body or agency having
lawful jurisdiction or any authorized representative or agency
of any of them.
18.
SECTION 5.04: Taxes. In the event any sales or use
taxes, or taxes of any nature, are hereafter imposed upon the
sale or use of sewage water received by system under this
contract or against the Authority or the system, the amount
of such taxes shall be treated as operating expenses of the
system.
SECTION 5.05: Title to Water and Sewage. Title to
all water and sewage put into the system under this agreement
shall pass to the Authority at the point of entry upon passing
through the meter installed at that point.
SECTION 5.06: Easements. The city agrees that the
Authority may have such easements over any easements, right-
of-way or property held by such city so that the facilities
and required equipment may be appropriately provided.
SECTION 5.07: Force Ma; eure.
(a) If for any reason of "force majeure" any of the
parties hereto shall be rendered unable wholly or in part to
carry out its obligations under this agreement, other than
the obligation of the city to make the payments required
under the terms of Article IV hereof, then if such party shall
give notice and full particulars of such reasons in writing to
the other party within a reasonable time after the 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", shall be suspended during the continuance of the
inability then claimed, but for no longer period, and any
such parties shall endeavor to remove or overcome such inability
with all reasonable dispatch. The term "force majeure" as
employed herein shall mean acts of God, strikes, lock-outs, Or
other industrial disturbances, acts of public enemy, orders
or actions of any kind of the Government of the United States
or of the State of Texas or any civil or military authority,
insurrections, riots, epidemics, landslides, lightning, earth-
quakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraints of government and people, civil disturbances,
explosions, breakage or accident to dams, machinery, pipelines,
or canals or other structures or machinery, on account of any
other cause not reasonably within the control of the party
claiming such inability. It is understood and agreed that the
settlement of strikes and lock-outs shall be entirely within
the discretion of the party having the difficulty, and that the
above requirement that any force majeure shall be remedies with
all reasonable dispatch shall not require the settlement of
strikes and lock-outs by acceding to the demands of the opposing
parties when such settlement is unfavorable to it in the judgment
of the party having the difficulty. No failure of the Authority
to meet any obligation by reason of force majeure shall relieve
the city from its obligations to make the payments required
under the terms of Article IV hereof.
(b) No damage shall be recoverable from Authority by
reason of the causes above mentioned.
(c) It is expressly recognized by the city that the
Authority may be compelled to make necessary alterations, repairs
or extensions of new or additional facilities from time to time
19.
during the life of this contract and any suspension of
service to the city due to such operation shall not be cause
for claim of damage on part of Authority provided all reasonable
effort is used by the Authority to provide city with service
in accordance with this contract. In such case the Authority
shall give city as much advance notice as may be practicable
of the suspension or curtailment of service and of the
estimated duration thereof.
SECTION 5.08: Notices. Any notice, request, demand,
statement, or bill provided for in this agreement shall be in
writing and shall be considered to have been duly delivered
when sent by registered mail, addressed as follows:
as the case may be, except that routine communications may be'
sent by ordinary mail and except that either party, by the
filing of an appropriate written notice to the others, may
specify some other individual to tvhom cuuuuunications there-
after are to be addressed.
SECTION 5.09: Covenant to Enforce Contractual Obligations.
The Authority covenants that it will enforce the obligations of
the city hereunder (as well as any obligations contained in
similar contracts with additional contracting party) as may be
required to accomplish the purpose of this contract. Either
party may enforce any obligations hereunder owed by it by the
other party.
SECTION 5.10: Right to Provide Service to Others. The
parties hereto recognize that the system is to serve the entire
region; that the Authority is obligated to cause the facilities
to be designed accordingly, and as additional treatment facilities
may be required to so provide them; that Authority shall have
the right to enter into such contracts as may be in the best
interests of the Authority and additional contracting parties,
and all cities hereunder but in no event shall any such contract
be on terms more favorable to any additional contracting party
than is available to the city hereunder unless the governing
body of the city shall also approve such other contract.
SECTION 5.ll: Consequences of City Default. The
Authority and the city agree that in the event of default or
threatened default in the payment of principal of or interest
on the debt of the system, any court of competent jurisdiction
upon petition of the holders of 25% of the principal amount of
the then outstanding bonds of the Authority shall appoint a
receiver with authority to collect and receive all resources
pledged to the debt of the system, enforce all rights arising
fram default, if any, by any city, or additional contracting
party, in making payment under the agreement, employ and
discharge agents and employees of the Authority, take charge
of the pledged funds on hand and manage the proprietary affairs
of the Authority without consent or hindrance by the Authority.
The court may further vest the receiver with such powers and
duties as the court may find necessary for the protection of
the holders of the bonds.
...
20.
SECTION 5.12: Further Agreements of the Parties. The
parties hereto specifically recognize that the City has here-
tofore issued, sold and delivered two series of revenue bonds
that are payable from and secured by a first lien on and
pledge of the net revenues of its waterworks and sanitary
sewer system; that the bonds so issued and delivered (which
remain outstanding) are: "City of Schertz, Texas, Utility System
Revenue Bonds, Series 1968," dated March l, 1968; and "City of
Schertz, Texas, Utility System Revenue Bonds, Series 1972,"
dated March 1, 1972.
The City represents to the Authority:
(1) There is no provision in the ordinance authorizing
the issuance of such revenue bonds which prohibits the City
from leasing its existing treatment plant facilities (described
in Exhibit A) to the Authority or which prohibits the execution
of this contract.'
(2) that the franchise given to the Authority by this
instrument to use and utilize public roads, streets and places
of the City does not contravene the prohibition of the afore-
said ordinance against the installation of a competing system;
that the system of the Authority will be a complementary system
to the collection system which the City will continue to
operate.
(3) The execution of this contract and the operation
thereunder will not in any way impair the obligation of contract
by and between the City and the owners of its outstanding bonds
payable from revenues of its utility system since:
(a) The City elects to appoint the Authority as its
agent in the operation of the existing sewer treatment plant,
and
(b) The accomplishment of the required treatment by the
Authority for and on behalf of the City will result in
economies of operation and capital expenditure.
(c) The regional plan to be accomplished by the
integration of the use of the City's existing sewer treatment
plant is to the best interest of the City, its citizens, and
the holders of bonds of the City, the said plan being the
result of the combined efforts of the parties hereto as well
as the additional contracting parties and appropriate action
of the Texas Water Quality Board in the administration and
implementation of governmental policy not inconsistent tvith
the existing contractual obligations of the City.
The parties hereto recognize and it is specifically agreed that:
(l) During the term of this contract (and extensions
thereof) the Authority shall have the exclusive right to the
use and utilization of the sewage treatment plant located on
the premises described in Exhibit A; that the Authority,
without hindrance from the City or its employees or other
agents, may operate, maintain, repair, enlarge, improve,
extend, provide for additions to or other control, manage and
keep up the said existing plant.
21.
(2) The city shall not be responsible for any expense
incurred in connection with such existing system except for
the payments for which provision is made in Article IV.
(3) At the end of the term of this contract (including
extensions thereof) the Authority shall promptly vacate the
premises and return the operation thereof to the City unless
the City requests or an appropriate agency requires operation
by the Authority to continue.
SECTION S.l3: Abandonment of Use of Existing Plant. It
is specifically recognized by the parties hereto that the Authority
may during the term of this contract (or extensions thereof) build
additional sewage treatment plants so as to make the continued
operation of the plant located on the premises (described in Ex-
hibit A) uneconomical so it will be to the best interest of the
parties and other contracting parties to discontinue the opera-
tion of such existing plant.
Should the Authority discontinue the operation of the
existing plant (located on premises described in Exhibit A) then:
(l) The exclusive right of the Authority under
Section 5.12(3)(c)(l) shall terminate six months after such
use is discontinued, and .
(2) During such six month period, the Authority shall
have the right to the salvage of all or part of the properties
affixed to or located upon the premises, and
(3) Upon the expiration of such six month period,
the city shall again acquire the exclusive right to the premises
and properties located thereon.
The six month period herein provided is intended to allow
time for the salvage of any properties capable of being used'by
the Authority (in the performance of its obligations hereunder) or
disposed of as the Authority may, in its sole discretion determine;
'the intent of the parties further being that (i) any cost of sal-
vage will be a maintenance and operating expense of the Authority
and any money realized from such salvage will serve as a reduction
of such expense, and (ii) the city should, within a reasonable
time, again obtain the use of the land (and any remaining improve-
ments thereon) for its corporate purposes.
Except as specified in this Section, the abandonment of
the use of such plant has no effect upon the obligations of the
parties.
SECTION 5.14: Severability. The parties hereto agree
that if any of the provisions of this contract contravene or
be held invalid under the laws of this State, same shall not
invalidate the whole agreEment but it shall be construed as
though not containing that particular provision and the rights
and obligations of the parties shall be construed and in force
accordingly.
22.
IN WITNESS WHEREOF, the parti~s hereto, acting under autho-
rity of their respective governing bodies, have Gaused this contract
to be duly executed in several counterparts, each of which shall
consitute an original, all as of the day and year first above written.
CITY OF SCHERTZ, TEXAS
/,;1 '~~!
/ /: ,/ / ", ,'i :'
By I ",1 /YlC.//;/ ., ' ~d.,nf<_
// Mayor
CIBOLO CREJ?;K M~ICIPAL AUTHORITY
",:~,,~,~.'''' ".,1 ~ \~
,,~ - .'
By i;/',,':':;:~"
President,
. ,//..
,/<;/
,i ,~" /' I . /;" '
c_.... l;.__~"'"
,Board of Dire6tors
<,
ATTEST:
ift:/ )L.;i I>
! A 11 ','/'-L L'(/-((,)( ,tL":'l/
,/ City Secretary
(Ci ty Seal)
: ;/~~~
Secietary,-~oard of~ors
(Authority Seal)
THE STATE OF TEXAS X
X
COUNTY OF GUADALUPE X
BEFORE ME, the undersigned authority, in and for Guadalupe
County, Texas, on this day personally appeared Jesse W.Graham, Mayor
of the City of Schertz, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument and known to me to be
the Mayor of the City of Schertz, Texas, and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated as the act and deed of
said CITY OF SCHERTZ, TEXAS.
\ ,," _. GIVEN, UNDER MY HAND AND SEAL OF OFFICE this the (~}.\ tr\- day
}\V' ,L} )
of -L {j rjjec'_l ./ , 1973.
(Notary Seal)
C, //L" / '/ ~_. '
I' ", ~.
/ ' _.c'-~ ' . - ~/ A (,:, . -"..."'- , '
Notary pUb.!ic'; Guadalupe County, Texas
"..
x
X
X
BEFORE ME, the undersigned authority, in and for .-i3G"~
County, Texas, on this day personal!y appeared Odo Riedel,
President of the Board of Directors of the CIBOLO CREEK MUNICIPAL AUTHORITY,
known to me to be the person whose name is subscribed to the foregoing
instrument and known to me to be the President of the Board of Directors
of CIBOLO CREEK MUNICIPAL AUTHORITY, and acknowledged t~me that he
executed the same for the purposes and consideration therein expressed
and in the capacity therein stated as the act and deed of said CIBOLO
CREEK MUNICIPAL AUTHORITY.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the~/~ day of
..Lll f).I!.-C- -jJ , 197 3 ~, .l / / ~/ '" / ,- ')!/
/~ tT'-t"'~...~ "''':.....,;/.".- ~~~
Notary' P~~;'i~::'~;e*,~ftfvr~ County,
HI""" ",nr ri.lKa~
'I' g-/~2J
THE STATE OF TEXAS
COUNTY OF 8 t=X/fJ::
(Notary Seal)
23., n'
EXHIBI'l' A
Description of land upon the city of Schertz existing
sewage treatment plant is located:
Being 3.369 acres of land lying adjacent the Cibolo Creek in
Guadalupe County, Texas and is more particularly described
by metes and bounds as follows:
Beginning at an iron pin which is the boundary line between the
Helma Dietz property and the otto Dietz property and which lies
south 300 0' east a distance of 2,540.5 feet. from an iron pin in
the south right-of-way line of FM Highway 78;
Thence, south 300 00' east along a fence line for the eastern
boundary of this tract a distance of 665.0 feet to an iron pin
set for the southeast corner of this tract:
Thence, 620 53' west along a fence a distance of 296.0 feet to
an iron pin set for the most southern corner of this tract:
'l'hence,
north 300 00' west a distance of 245.0 feet to a
corner;
Thence, nort.h 000 02' 41" east a distance of 461.17 feet to a
point in a fence line;
Thence, north 540 47' east along a fence line a distance of
65.0 feet to the place of beginning containing 3.369 acres of land.
Contained upon the said 3.369 acres of land are the complete
sewage treaWlent works of the City of Schertz, Texas and consist
of the following:
Headworks, Imhoff tank, single stage trickling filter, final
clarifier, chlorinator and chlorination chamber, pump house,
sludge drying beds, piping and valves, and final effluent
discharge pipe.
24.
EXHIBIT B
Credit to be allowed the City of Schertz under the provi-
sions of Section 4.09(b):
Cost of Treatment Plant as determined under
Date of
Issue
6-l-62
Original Amount
$30l,000
Applicable %
42.' 2l
Section 4.1l:
Sewer Treatment
Cost
$l27,050
outstanding debt as of l-1-73:
Date of Issue Principal
6-l-62 $260,000
Interest to Maturity
$l57,408
$176,188
42.21% of issue equal
For the fiscal year (budget year) shown below, l/12 of the total
annual credit shall be given monthly:
Year Ending
9-30
(42.2l%) Annual Requirement
for Sewer Purposes
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996 '
1997
1998
1999
2000
200l
. f'., ll' II
$6,049.965'09,11/ /7" I,j.t
6,388. 06 ~ ~ 2, ~5 ; I
6,296.47S-2,-/7
6 204.45 ell' olf
6:1l2.435t//:37
6,020. 83 ~ol, "1 tj~,.
6,343. 74S'J. ~ ,(.,!,
6 236.535-;<.'//71
6: 129. 3l~-ID"?~
6,022. 10~o/' s ____
6,329. 39s~ 7'V}
6 206. 98S'1712- ,-
6: 084.57 5'07, lJ~..
5 , 9 6 2 . 16 t/ q l" ': ~;
6 254.265'"21,
6: l16. 65 J~/) '7- ),2-'
5,979.05 :J 9f'b'(~i/
6 2 5 5 94 5 1 ,I, .."
,. ".s:-L,
6 l02. 72 ';-0 )
, . ' ',1
5,949.50Ll"i~~" :)
6,2l1.20 ;;--/),1,1;
6,042.78 j (. -s ' .',.
6,288.87:[/<'1 c,;
6,105.35 c;-ot g..
5,921.64 tfq;, :~ :
6,l52.53 (:11 ./
'7?' I,~
5,953.72 't/ fL,
6 l69.4lSI' ,
, ,'~' ! I
4.297.402"::" '
$l76,188.00
')r.:-
.' :J .'
EXHIBIT C
The initial points' of entry (Section 3.01)
where the Aut.ho:rity will accept sewage from the City
of Schertz and from the local sewage fqcilities of
said City are:
At the inside face of the head works
which is located at the City of Schertz,
Texas sewage treatment facilities.
26 ~
EXHIBIT "C"
The initial point of entry (Section 3.01) where the
Autho~ity will accept sewage from the City of Schertz
and from the local sewage facilities of said City is:
1. At the metered manhole indicated by Attachment
"1" attached hereto.
This exhibit to the contract replaces the original
Exhibit "C" of the original contract.
PASSED, ADOPTED, and APPROVED this
the \\~ day of ~~\.\ , 1978.
C ~~~~~
RichardE. Prater .
President, CCMA
ATTEST:
~
_ t~
~I iam F. Phillips
Secretary-Treasurer, CCMA
/ !' t/(':' ::, /
I L ;-./...,,? , Vl-t-?-.-t'-/-L/
Mayor
~~Jt-K~
. y Clerk
,
attch - ajs
]
M
~
lJ\. r (\ (.i
A~(\~
l'J -(Jl f l\
~1)P!l!
L-~
~{)~
I
f\J(}l
~
I
I
I~
T-
TIT
~
N
I~Q
Z.
-i
--.-.--------.-- ..._--~- -...., ._--,-~ .. ._~.......----_..._,-_.__.__....-'--
-z. I
/1
I
/
1/~-1
I ;/ ']:;" fll
/ (/ 1:// / t.'~
',\ Wq 1
/ /~\~
.j \tl/
L / (j
t.t(~' ~ v-
I {(~~
I I~y~
..."'" \ J fit: '
-L- rei
.: -~ II" \~~~~
<;; ';Ii -~
L --\ .-
r 111 y
() ;\J G\
1- \il ,
;rrlrl __
't[
f - t-
z
.::::.--.-::-:--------:=::::-'. -::-----::-'--."' n -::-~_-=,---:=:-"':'- _- # ,",",.r- -. - .-""l,r-.-----.... '__._
~ I ---'-=-=",-=,,-~
· .~~:'==~~-_::~~ _~c0X't ~===.oo==~
'" -. -I \ts:
I" -<~.
" -Of ~
~ I flJtp
nr \Y~
OJ :: ~n
I ~
CJ
. -- ()\
~ t C'/aw l~ ttl1
S) ~.
~ tl
~
[
{t\ ~l
T.;
N
11
~
l
-\
~
~
1~
g-u J, ","",' Ii
~ --"
. .. "...- ,- "-'. '....~ .
-.---.-.-..-.. ~..~-,.~,.. ~ ~"-'-----'-~'--""_h
~
\jJ
[) rQ
UJ :.
6,\ Ji 111
+':- - 7
\{) 1t I.J
~i~ ~"J
~~ll'-' -_
:\'V3
"\ L
-, .....-),::'-..1
~:t '~'t..-"~'"
, .
._.)11"... _ ~
..JII.._
x
-1 3 ~
9z.
.. 1l-z111
'\1\-..1
\9' (~ ()
1 UJ I
~'1
11 1& 'c;
" 1('1 ):, L
(\~! I.T
': III r 11"' -,
i~~ I
,>11' }
.--') I
\.
-;
:{
1
\1-
I
7:<
/
/
/
/
I
I
i / I
/ /
'-,
,~
f
"'.1
U.
)\\
J
~
Q
--'~I..I
"'_~".,.J'" '~""""/" 't (.~
~......-
} -
7
~
o
N
&
jjJ
1
~
q
G
~" (\I
I .
rI~ () (j
'7 Z
.. n\ I L
ill 'j.- dl r.
U.( h)
.L "5 hIlli
iif--Zl
ti B .J ~)
~
L
~
-:u
~
~[R~
lq ~f~
~1P m
I )li..
L-~
~\)-4
(\j J
lP
~
I~
1:
rrr
J
N
! -u
,>
L
--{
jl
j'
/
I~~
/ ,/)/lj flt_
"~ ~y ~
/ / j \ ~
i / (j \j
f . c< ~ ....... , % y'.
. I {'^<
I ~'~I
III f'
~~ J m:-
-1-- I .- ~,
,7 -/ ~ ~~~_~
I ~ ~' -
1 In>
() ;~j ()\
r . {lI
(ffl
11 -_
"mb
EE
~
z
-.-.----~--..:=-::----:------ ::-.-~- _..-:::.-:-.:::-.==_-:::_-~-- ... -"'!o .,-.-,...... -....,,--- --....... - ..
~ I ... ---'--.. c~-_=.o_==-=-,=:_
r<=?!'/E-P-- K~'--P r 0:\.
:..::"c::,:---- _.n ---,,_-'::-c.c___-':=:::---_:::.:::;:.. ,,-- ---','-- ,- - -~ - ~~=~=====--=
t\. .. -l \t~
I" -\~t
C . ~ .o!-
Z fl}~
T1l ~ \]
OJ -: ~
I lJ
- ~
~
U'3'
i
I
1- .. C'lawl~ ftl1
S)
~
~
L
fTt
TJ
N
1)
~
l
-\
.~.
tl
~'