HomeMy WebLinkAboutItem 15 - Wastewater Servicensi o I -------
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THV CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER A/
MEETING DATE: MARCH 23, 2004
SUBJECT: INTERLOCAL AGREEMENT — WASTEWATER SERVICE TO SH
26 / POOL ROAD ADDITION
RECOMMENDATION:
City Council consider approving an Interlocal Agreement with the City of Colleyville to
provide Wastewater service to the SH 26 / Pool Road Addition within the City of Grapevine,
and take any necessary action.
BACKGROUND INFORMATION:
Development of the SH 26 / Pool Road Addition requires new Wastewater Facilities be
constructed to serve the site. The nearest route to serve the site is in a westerly direction
to the TRA Big Bear Creek Trunk Line that parallels the creek. Connection in this area is
upstream of the Colleyville metering station thus the flows from this development will be
charged to Colleyville by TRA.
To address the billing of the Wastewater flows from this site, staff has developed an
Interlocal Agreement stipulating the responsibilities of each city. The development will be
billed for Wastewater service at Colleyville's rate based upon monthly water meter readings
performed by the Grapevine staff. The meter readings will be forwarded to Colleyville for
them to determine the monthly charge. The charge will be returned to the City of
Grapevine for billing to the respective water meter account holders.
The advantages of this route is a shorter length of line to construct across undeveloped
property and the ability to also provide for Wastewater service to the Tiller tract when it is
developed at some later date.
The alternative route for providing Wastewater service to this site requires the construction
of a new Wastewater line along the westside of Pool Road to the Big Bear Creek bridge
over a distance of approximately 1,750 feet. At that point, connection could be made to
the Big Bear Creek Trunk Line downstream of the Colleyville metering station, thus
alleviating the need for the billing relationship between the two cities.
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The downside to this route is the construction of the line in the Pool Road right-of-way
which would likely require that the sidewalk be removed and reconstructed for the entire
length of the new line. Equally undesirable is the prospect of making the connection
downstream of the Colleyville metering station. The trunk line is very deep at this location.
Connection at this location would require the City Wastewater manhole on the trunk line
to be nearly 30 -feet deep. This depth poses significant maintenance problems to the City
staff.
Staff feels the best approach is to pursue the agreement with the City of Colleyville.
Staff recommends approval.
JLH/jsl
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STATE OF TEXAS
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICES BETWEEN
THE CITY OF COLLEYVILLE AND THE CITY OF GRAPEVINE
This Interlocal Agreement for Sanitary Sewer Services (the "Agreement") is made
and entered into by and between the City of Grapevine, Texas, a municipal
corporation located in Tarrant, County, Texas, ("Grapevine") and the City of
Colleyville, Texas, a municipal corporation located in Tarrant County, Texas
("Colleyville").
WHEREAS, the City of Grapevine and the City of Colleyville desire to
enter into an Interlocal Agreement at the request of Grapevine to provide sanitary
sewer service to land more particularly described in Exhibit A; and
WHEREAS, TEX. GOVT. CODE ANN. § 791.001 et seq., as amended
(the "Act") provides authorization for municipalities to contract with one another
for the performance of governmental functions and services under the terms of
the Act; and
WHEREAS, the City of Colleyville contracts with the Trinity River Authority
pursuant to which the City of Colleyville is provided transportation and treatment
of sanitary sewage; and
WHEREAS, the City of Colleyville has sufficient capacity in its contract
with the Trinity River Authority to accommodate additional sanitary sewage
generated within the area described in Exhibit "A"; and
WHEREAS, the City of Colleyville is willing to allow the City of Grapevine
to introduce sanitary sewage into the Trinity River Authority Transportation Line
upstream of the metering station for the City of Colleyville under the terms and
conditions of this agreement; and
WHEREAS, both the City of Grapevine and the City of Colleyville have
current revenues available and allocated to cover their respective performance
requirements under this Agreement.
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WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants, terms
and conditions set forth herein, and the mutual benefits to each party, the receipt
and sufficiency of which are hereby acknowledged, the City of Grapevine and the
City of Colleyville hereby contract,
All of the matters stated in the preamble of this Agreement are true and correct
and are hereby incorporated into the body of this Agreement as though fully set
forth in their entirety herein.
II. SANITARY SEWER SERVICE
1. The City of Colleyville agrees to allow the City of Grapevine to introduce
sanitary sewage into the Trinity River Authority Line upstream of the
metering station for the City of Colleyville for the area and at the location
shown on Exhibit "A" attached hereto.
2. The City of Grapevine shall be responsible for all fees, permits, inspection
fees, or any other charge related to introduction of sanitary sewage into
the Trinity River Authority Line upstream of the Colleyville metering
station, and all construction and maintenance costs related thereto.
III. PAYMENTS BY GRAPEVINE TO COLLEYVILLE
1. During the term of this agreement, the City of Grapevine shall pay the City
of Colleyville an amount equal to the collective charges that the City of
Colleyville would make to the sanitary sewer customers within the area
described on Exhibit "A" based on water meter readings if those sanitary
sewer customers were within the city limits of the City of Colleyville. The
amount due by Grapevine shall increase or decrease as Colleyville, from
time to time, modifies its rate structure.
2. The City of Grapevine, at its sole cost, shall provide not later than the 20th
of each month during the term of this agreement, water meter readings for
the sanitary sewer customers within the area shown on Exhibit "A" from
which the amount due by the City of Grapevine shall be calculated on a
monthly basis.
3. The City of Colleyville shall submit a written bill to the City of Grapevine
monthly based upon water meter readings, and the City of Grapevine shall
O:\interlocal agreements\City of Colleyville SS Service
pay the City of Colleyville the amount due within 30 days of the date of the
bill is placed in the mail properly addressed to the City of Grapevine. In
the event the City of Grapevine fails to pay the amount due within said 30
day period, in addition to said bill, the City of Grapevine shall pay the City
of Colleyville interest at a rate of one and one-half percent per month on
the unpaid balance until it is fully paid.
IV. INDEMNIFICATION AND HOLD HARMLESS
1. The City of Grapevine shall indemnify and hold the City of Colleyville, its
agents, servants and employees harmless from any claims made by a
third party from claims (including costs and attorney fees) arising from or
resulting from the provision of sanitary sewer service, sanitary sewage
disposal or sanitary sewage treatment with regard to sanitary sewage
generated within the area described in Exhibit "A" hereto, unless such
claim is exclusively caused by the intentional act or gross negligence of
the City of Colleyville, its agents, servants or employees.
2. The foregoing indemnification shall not be deemed a waiver of sovereign
immunity allowed pursuant to the Texas Civil Practice and Remedies
Code or otherwise, shall not be construed as the intent of the parties
hereto to benefit any third party other than the actual signatories to this
contract.
This Agreement shall be for a term of ten (10) years unless sooner terminated as
provided herein, commencing on the day of 2004.
V1. NOTICES
Any notice required to be given under this Agreement shall be deemed to have
been received upon deposit in the United States mail in an envelope with
sufficient postage and properly addressed to the other party as follows:
090423NAMEN
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Attn: City Manager
TO COLLEYVILLE:
0Ainterlocal agreements\City of Colleyville SS Service
u,
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Attn: City Manager
A change of address may be made by either party upon the giving of ten (10)
days prior written notice.
VII. TERMINATION
1. The City of Colleyville may terminate this Agreement prior to the end of
the term upon any of the following:
A. City of Colleyville has discontinued sanitary sewer service to the
City of Grapevine on two (2) or more occasions; or
B. The City of Grapevine has violated any of the provisions, terms or
conditions of the City of Colleyville Code of Ordinances or any state
or federal law relating to industrial wastes which violation has not
been cured to the satisfaction of the City of Colleyville within such
period of time as the City of Colleyville determines is reasonable
considering the nature and extent of the violation, which time period
shall be spelled out in a written notice of violation and which time
period shall commence to run upon the mailing of the notice of
violation to the City of Grapevine; or
C. City of Colleyville's principle responsibility is to provide sanitary
sewer service to its residents and property owners. In the event the
City Council of the City of Colleyville determines that the sanitary
sewer capacity that is the subject of this Agreement is required to
provide the necessary requirements for its residents and property
owners, the City of Colleyville reserves the right to terminate this
Agreement by giving written notice to the City of Grapevine at least
one hundred - eighty (180) days in advance of the termination.
2. The parties may terminate this Agreement at any time by mutual written
consent.
3. Upon the termination of this Agreement, the City of Colleyville shall have
the absolute right to terminate and discontinue the sanitary sewer service
to City of Grapevine and shall be entitled to take any and all action
necessary to effectuate the termination and discontinuation of sanitary
sewer service.
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VIII. MISCELLANEOUS
1. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors, and assigns.
2. This Agreement constitutes the sole and only agreement of the parties
hereto and supercedes any prior understandings or written or oral
agreements between the parties respecting the subject matter hereof.
3. No amendment, modification or alteration of the terms hereof shall be
binding unless the same is in writing, dated subsequent to the date hereof
and duly executed by the parties.
4. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute on and the same instrument.
5. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained
herein.
6. All remedies provided for in this contract are in addition to, not in
substitution of, all remedies of the parties at law or in equity. All remedies
are intended to be cumulative, and a party to this contract may pursue the
remedies provided for in this agreement and all remedies at law or in
equity at the same time.
7. All payments made by the parties to this contract shall be paid from
current revenues.
Winterlocal agreements\City of Colleyville SS Service
Mayor, City of Grapevine Date
City Secretary
City of Grapevine
APPROVED BY COUNCIL:
Grapevine
Date
Colleyville
Date
Approved as to Form
Grapevine City Attorney
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Mayor, City of Colleyville Date
City Secretary
City of Colleyville
Colleyville City Attorney
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