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HomeMy WebLinkAboutItem 18 - Emergency Water InterconnectMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: SEPTEMBER 6, 2022 SUBJECT: INTERLOCAL AGREEMENT - EMERGENCY WATER INTERCONNECT RECOMMENDATION: City Council to consider approving an Interlocal Agreement with the City of Euless for an emergency water interconnect. FUNDING SOURCE: Not Applicable BACKGROUND: The City of Grapevine and the City of Euless would like to enter into an Interlocal Agreement to memorialize the existing emergency water interconnect. It is beneficial for both cities to be able to purchase additional water in order to meet demands for the supply of water and to provide residents and customers with more effective and efficient delivery of water. The interconnect is located approximately 550' west of the Euless Grapevine Road/Main Street and Glade Road intersection. The duration and estimated water use will be agreed upon prior to the opening of the valve. The receiving City shall reimburse the providing City the cost of the water based on the current Trinity River Authority rate based on the estimated usage. Maintenance of the interconnect shall be split between both cities. Staff recommends approval. INTERLOCAL AGREEMENT Between the City of Euless and the City of Grapevine for the Use of an Emergency Water Interconnection This Interlocal Agreement (hereinafter the "Agreement") is entered into by and between the CITY OF EULESS (hereinafter "Euless") and the CITY OF GRAPEVINE (hereinafter "Grapevine"), which are both home rule municipal corporations and political subdivisions of the State of Texas. Euless and Grapevine are referred to herein as individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, Grapevine and Euless each own, operate, and maintain a public water supply system within their respective jurisdictional areas for the benefit of their citizens and customers; and WHEREAS, from time to time it becomes necessary or beneficial for each Party to be able to purchase additional water in order to address demands for the supply of water from the Parties' respective water systems and to provide their respective residents and customers with a more effective and efficient delivery of water; and WHEREAS, Euless and Grapevine mutually desire to use an emergency water interconnection between the two cities located approximately 550' west of the Euless Grapevine Road/Main Street and Glade Road intersection (see `Exhibit A') subject to the terms and conditions of this Agreement; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, authorizes governmental entities to enter into interlocal cooperation agreements for administrative and governmental functions and services; and WHEREAS, the Parties agree that they shall make payments for the performance of governmental functions or services under this Agreement from current revenues then available to the paying Party. NOW, THEREFORE, for and in consideration of the performance of the mutual covenants, obligations, and undertakings of and by each of the Parties to this Agreement, Grapevine and Euless agree as follows: I. PURPOSE AND SCOPE 1.1 The purpose of this Agreement is to memorialize the Parties' mutual acknowledgement of the existence of an emergency interconnection between the respective public water systems of the Parties and the terms of agreement as to its use. Through this Agreement, the Parties intend to promote the efficient provision of water Page 1 services to the citizens of Euless and Grapevine. 1.2 The installation of the emergency interconnection has been accomplished by the mutual efforts of the Parties and is mutually owned by the Parties. Each Party maintains and operates a valve that is connected to its public water system that controls the ability of water to flow into and out of its water system. The purpose of this emergency interconnection is to allow each Party the ability to utilize available water capacity from the other Party's public water system, subject to the agreement of the other Party. Nothing in this Agreement shall obligate either Party to provide water to the other Party, with such determination being made on a case by case basis. II. RESPONSIBILITIES OF THE PARTIES; COST APPORTIONMENT 2.1 Emergency Water Usage: If it becomes necessary for either Party to utilize the emergency interconnection, the Party needing to purchase water must first contact the other Party's Public Works Department with such request. Upon explanation of the need, flushing of any old water between valves, and if both Parties agree, then each Party will be responsible for coordinating of the opening of the valve that is connected to its water system. The duration of use of the emergency interconnection and an estimated amount of water to be used will be agreed upon by both Parties in advance of the opening of the valves. 2.2 Payment for Use of Water: The Party taking the water shall pay the other Party for the water taken based on the current Trinity River Authority Wholesale Water Rate per 1000 gallons of the Party providing the water. The amount of water taken shall be estimated based on the calculated rate of flow times the period of time that water is flowing. Payment will be made within thirty (30) days of receipt of an invoice from the Party furnishing the water. 2.3 Maintenance of the Interconnection: Each Party shall be solely responsible to maintain the valve that is connected to its public water system. All other components of the emergency interconnection shall be jointly maintained by the Parties equally. Any required maintenance shall be agreed upon in advance by the Parties and will be a shared responsibility between the two Parties. Reimbursement for costs of agreed maintenance incurred by one Party shall be made within thirty (30) days of receipt of an invoice by the other Party. 2.4 Equitable Compensation: The Parties agree that all payments provided to be made hereunder by one Party to the other will fairly compensate the other Party for the services or functions to be performed hereunder. III. DISPUTE RESOLUTION; MEDIATION The Parties will attempt to resolve disputes relating to this Agreement in the following manner. (i) first the Parties will meet to attempt resolution; (ii) if no resolution is Page 2 achieved, the dispute will be heard at a meeting of each Parties' City Manager or designee; (iii) if no resolution is achieved after the dispute is heard by the designated Parties designees, then the dispute will be heard by an independent mediator; and (iv) if no resolution is achieved after mediation, then either Party may file a lawsuit in an appropriate court in Tarrant County. IV. TERM & TERMINATION 4.1 Term: This Agreement shall effective on the date shown below and shall remain in effect until terminated as provided below. 4.2 Termination: This Agreement may be terminated upon any one or more of the following events: (a) by written mutual agreement of both Parties; or (b) by either Party, upon thirty (30) days written notice to the other Party. V. NOTICES Any notices or other communication, including invoices, required or allowed to be given by one party to the other pursuant to this Agreement shall be sent either by personal delivery or by United States Postal Service, proper postage affixed, addressed as shown below: City Manager City of Euless 201 N. Ector Dr. Euless, Texas 76039 City Manager City of Grapevine 200 S. Main St. Grapevine, Texas 76051 1V A GOVERNING LAW AND VENUE This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. This Agreement is entered into and is to be performed, wholly or in part, in the State of Texas and in Tarrant County, Texas. In any action brought under the Agreement, venue shall be in Tarrant County, Texas. EXECUTED THIS CITY OF EULESS DAY OF CITY OF GRAPEVINE 2022. Page 3 By: Loretta Getchell City Manager ATTEST: By: Kim Sutter City Secretary By: Bruno Rumbelow City Manager ATTEST: By: Tara Brooks City Secretary Page 4 vAXK)mu. Cr EWNG3T(jN DR BLAIR IMEADQW I TR I'll- ASHCROFT DR BRIARCROUT DR wwrmwewow OR t ARDOR OAK DR Cfty Of t; LU Grapevine KEIM WAY ak%voob I* ALTACREST CR Approx. 550'west AVONWE DR of intersection ----I W GLADE RD City Limit 'Lind'--/ BLUEGRASS LN CREPE MYRTLE DR 0. GLADC SHADOW DR GOLIX-NRAIN TREE OR 4 f City 0 Euless CANTERBURY ST AUGU&T*QR HICKORY SPRINGS DR I BRITTANY OR ra Exhibit "A' Water Interconnect Location Between GV & Euless March 2022 GIN J'v IA)t4v'o 4 X Emergency Interconnect 1 400'