HomeMy WebLinkAboutItem 13 - Water ServiceMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER %�--
MEETING DATE: JUNE 17, 2014
SUBJECT: INTERLOCAL AGREEMENT FOR WATER SERVICE — CITY OF
COPPELL
RECOMMENDATION:
City Council consider approving an Interlocal Agreement with the City of Coppell to
jointly provide water service to DFW Airport in the vicinity of Bass Pro Drive and Bethel
Road, and take any necessary action.
BACKGROUND:
Perot Development Company is currently developing two warehouse buildings on DFW
property in both Coppell and Grapevine on the south side of Bass Pro Drive /Bethel
Road. Coppell is unable to meet the fire flows required by DFW with only their supply
line.
By connecting the City of Grapevine's water system to the fire line loop around the two
building complex, the required fire flows can be met. The City of Grapevine's connection
will only be to provide fire flow protection at this time.
The DFW Airport License issued to the City of Grapevine for the widening of Bass Pro
Drive contained a condition that DFW would be able to connect to the City's water and
wastewater systems to serve the abutting property if needed.
This is a condition that is common to all of the DFW Licenses we have for roadways
crossing airport property.
Staff recommends approval.
R:\ AGENDA\2014 \06- 17- 14 \lnterlocal Coppell - DFW Water 6- 17- 14.doc
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INTERLOCAL AGREEMENT FOR PROVISION OF WATER SERVICE TO THE BASS
PRO DRIVE / BETHEL ROAD AREA OF DFW AIRPORT EAST OF SH 121
STATE OF TEXAS §
COUNTY OF TARRANT §
COUNTY OF DALLAS
This Agreement is entered into by and between the City of Grapevine, Texas, a home rule
municipality located in Tarrant County, Texas, operating herein by and through its duly
authorized Mayor, William D. Tate, and the City of Coppell, Texas, a home rule municipality
located in Dallas County, Texas, operating herein by and through its duly authorized Mayor,
Karen Selbo Hunt..
A.
DEFINITIONS
1. "Force majeure" is an act of God or a public enemy, war, riot, civil commotion,
insurrection, terrorism, strike (unless caused by acts or omissions of the party asserting same),
governmental or de facto governmental regulatory or eminent domain action (unless caused by
acts or omissions of the party asserting same), fire, drought, explosion, flood, or other natural
catastrophe.
2. "Grapevine" is the City of Grapevine, a home -rule municipality located in Tarrant
County, Texas.
3. "Coppell" is the City of Coppell, a home -rule municipality located in Dallas County,
Texas.
RECITALS
WHEREAS, DFW Airport currently has two Industrial Warehouses planned adjacent to
the south side of Bass Pro Drive / Bethel Road in Grapevine and Coppell; and
WHEREAS, Coppell and Grapevine water systems, individually, cannot provide
sufficient water to meet the airport's minimum fire flows for these structures; and
WHEREAS, connecting the two cities water systems to the fire loop around the two
buildings does provide sufficient fire flows to meet the airport's minimum requirements; and
WHEREAS, the easternmost of the two buildings lies entirely within the Coppell and the
westernmost lies within both Coppell and Grapevine; and
WHEREAS, Grapevine has agreed to provide water service to DFW Airport if available
under the terms of a License issued by DFW Airport to the City for the construction of Bass Pro
Drive adjacent to and upon airport property; and
WHEREAS, Chapter 791 of the Texas Government Code (the "Interlocal Cooperation
Act ") authorizes municipalities to enter into interlocal agreements for the providing of
governmental functions and services, including but not limited to, provision of residential water
service; and
WHEREAS, the parties hereto deem it to be to their mutual benefit and to the benefit of
the health, safety and welfare of their respective first responders and citizens to enter into this
Interlocal Cooperation Agreement to provide water sufficient to meet fire flows on DFWD
Airport property, under the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, Grapevine and Coppell, for good and valuable consideration, specifically,
the mutual promises and agreements contained herein, do hereby contract, covenant and agree as
follows:
C.
TERM OF AGREEMENT AND CONDITIONS PRECEDENT
That Grapevine and Coppell do hereby covenant and agree as follows:
Purpose. The purpose of this Agreement is to provide sufficient water to meet DFW
Airport minimum fire flows for two proposed Industrial Warehouses located on the south
side of Bass Pro Drive / Bethel Road within both cities.
Term of Fire Flow Service. The term of this Agreement for Grapevine and Coppell
providing water service sufficient to meet DFW Airport minimum fire flows shall remain
in effect in perpetuity unless one of the parties provides written notice to the other party
of the notifying party's intent to terminate the Agreement. In the event such notice is
given, this Agreement will terminate one year after the date such notice is given to the
non - terminating party, or such earlier time as may be agreed by the parties.
Repair and monitoring responsibilities. Grapevine and Coppell shall be responsible
for maintenance of their respective water lines and appurtenances up to and including
water meters and detector check assemblies serving the proposed site for fire flows.
Nothing contained herein shall be construed as expanding Coppell's or Grapevine's
liability under existing law, as imposing any greater duties on Coppell or Grapevine than
are otherwise imposed upon it as a municipal corporation under applicable law, or as
ILA Coppell Water Service — DFW Airport Bass Pro Drive 2014 Page 2
waiving any governmental immunity Coppell or Grapevine is accorded under applicable
law, or waiving any damage limitations or caps imposed by applicable law.
Billing and collection responsibilities — Water - Grapevine. Grapevine shall bill for
water from Grapevine's water system at the City's cost per 1,000 gallon rate as
determined by quarterly meter readings.
Billing and collection responsibilities — Water - Coppell. Coppell shall bill for water
from Coppell's water system at the City's cost per 1,000 gallon rate as determined by
monthly meter readings.
Regulatory control. It is understood and agreed by the parties hereto that the
development regulations of the city in which facilities are located shall be applicable to
such facilities up to and including the meter and detector check assembly.
No joint enterprise. No provision of this Agreement shall be construed to create any
type of joint ownership of any property, nor shall same be deemed to create a partnership,
joint venture or other agreement which would be construed as granting partial control,
ownership of or equity in the facilities described herein. It is understood and agreed that
the facilities operated by Coppell shall be owned and controlled by Coppell, and that the
facilities operated by Grapevine shall be owned and controlled by Grapevine.
Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat
superior shall not apply between the cities.
Notice. Any notice, communication or request provided or permitted to be given by
either party to the other party must be in writing and addressed as follows:
If to Coppell:
City of Coppell
Attention: City Manager
P.O. Box 9478
Coppell, Texas 75219
If to Grapevine:
City of Grapevine
Attention: City Manager
P.O. Box 95104
Grapevine, Texas 76099
or to such other addresses as may be provided for in writing from time to time.
ILA Coppell Water Service — DFW Airport Bass Pro Drive 2014 Page 3
No waiver of immunity or defenses. This Agreement is made pursuant to Chapter 791
of the Texas Government Code. It is expressly understood and agreed that in the
execution of this Agreement, neither city waives nor shall be deemed hereby to waive
any immunity or defense that would otherwise be available to it against claims arising in
the exercise of governmental powers and functions. This section shall be liberally
construed to carry out the intent of the city councils of Coppell and Grapevine, and the
cities do hereby invoke said governmental immunity to the extent possible under the law.
No third party beneficiaries. It is understood by the parties that this Agreement is
entered into for the mutual convenience and purposes of the cities which are parties
hereto, and it is the parties' intent that no other parties shall be construed as beneficiaries
of this Agreement.
Entire Agreement. This Agreement, including any exhibits attached and made a part
hereof, is the entire Agreement between the parties and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, respecting
the subject matter herein.
Venue. This Agreement shall be construed under the substantive laws of the State of
Texas, without reference to its choice of law provisions, and venue for any action arising
under state law under this Agreement shall be the District Courts of Dallas County,
Texas. If any action relating to this Agreement is not properly brought in state court,
venue shall be the United States District Court for the Northern District of Texas.
Severability. In the event any section, subsection, paragraph, subparagraph, sentence,
phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this
Agreement shall be enforceable, and shall be read as if the parties intended at all times to
delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or
word. In such event there shall be substituted for such deleted provision a provision as
similar in terms and in effect to such deleted provision as may be valid, legal and
enforceable.
Authority. This Agreement was authorized by the Coppell City Council at its regular
meeting on the day of , 20, authorizing the Coppell City
Manager to execute this Agreement on behalf of the City of Coppell, and by the
Grapevine City Council at its regular meeting on the day of ,
20, authorizing the Grapevine City Manager to execute this Agreement on behalf of
the City of Grapevine.
Section or Other Headings. Section or other headings contained in this Agreement are
for reference purposes only and shall not affect in any way the meaning or interpretation
of this Agreement.
ILA Coppell Water Service — DFW Airport Bass Pro Drive 2014 Page 4
Amendment. This Agreement may only be amended, altered, or revoked by written
instrument signed by the parties to such amendment.
Interpretation. Regardless of the actual drafter of this Agreement, this Agreement shall,
in the event of any dispute over its meaning or application, be interpreted fairly and
reasonably, and neither more strongly for nor against any party.
Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
Force Majeure. If, by reasons of Force Majeure, any party will be rendered wholly or
partially unable to carry out its obligations under this Agreement after its effective date,
then such party will give written notice of the particulars of such Force Majeure to the
other party or parties within a reasonable time after the occurrence of such event. The
obligations of the party giving such notice, to the extent affected by such Force Majeure,
will be suspended during the continuance of the inability claimed and for no longer
period, and any such party will in good faith exercise its best efforts to remove and
overcome such inability.
Mutual Assistance. The parties hereto agree to take all reasonable measures which are
necessary or appropriate to carry out the terms and provisions of this Agreement and to
aid and assist each other in carrying out such terms and provisions.
Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid
in the interpretation of this Agreement.
Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
ILA Coppell Water Service — DFW Airport Bass Pro Drive 2014 Page 5
EXECUTED this day of 520
CITY OF GRAPEVINE
IN
ATTEST:
Jodi Brown, Grapevine City Secretary
APPROVED AS TO FORM AND LEGALITY:
John F. Boyle, Jr., Grapevine City Attorney
Bruno Rumbelow, Grapevine
City Manager
ILA Coppell Water Service — DFW Airport Bass Pro Drive 2014 Page 6
EXECUTED this day of , 20
CITY OF COPPELL
Karen Selbo Hunt, Mayor
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Robert E. Hager, City Attorney
ILA Coppell Water Service — DFW Airport Bass Pro Drive 2014 Page 7