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HomeMy WebLinkAboutItem 13 - Sanitary Sewer ServiceITEM 0 13 MEMO TO: HONORABLE MAYOR AND MEMBERS OF TH(E' CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER �b MEETING DATE: MARCH 23, 2004 SUBJECT: INTERLOCAL AGREEMENT — SANITARY SEWER SERVICE TO COLLEYVILLE AREA - SH 121 RECOMMENDATION: City Council consider approving an Interlocal Agreement with the City of Colleyville to provide sanitary sewer service to an area within the city limits of Colleyville adjacent to SH 121 and the Colleyville Heritage High School, and take any necessary action. BACKGROUND INFORMATION: Development of the 7.8 acre site in Colleyville bordered on the east by SH 121 and on the west by the Colleyville Heritage High School necessitates the extension of sanitary sewer to this site. There are no good routes to serve the site from Colleyville. However, the City of Grapevine's sanitary sewer system falls within 550 feet of this site and has the capacity to accommodate the anticipated flows. The site consists of three potential pad sites that can be served via a gravity line to the City of Grapevine's sanitary sewer system. This proposal is virtually a mirror opposite of the recent interlocal agreement approved by the two cities in March of this year. In that agreement, a Grapevine development on Pool Road was served through a connection to the TRA system in Colleyville, billed to Colleyville by TRA and in turn billed to Grapevine. Grapevine then bills the individual customer. In this case, the subject flows will enter the TRA system upstream of the City of Grapevine's metering station and will be billed to the City of Grapevine by TRA. Colleyville will reimburse the City of Grapevine monthly for the costs in accordance with our billing rates. To address the billing of the sanitary sewer flows from this site, staff has developed an Interlocal Agreement stipulating the responsibilities of each city. The development will be billed for sanitary sewer service at Colleyville's rate based upon monthly water meter readings performed by the Colleyville staff. The meter readings will be forwarded to Grapevine for us to determine the monthly bill based on our rates. The bill will be returned 0:\agenda\7-20-04\SH 121 —Colleyville SS Interlocal Agmt to the City of Colleyville for payment to the City Grapevine. The City of Grapevine and the City of Colleyville have cooperated in the past to provide the most reasonable methods for sanitary sewer service to specific locations. Staff agrees with Colleyville Staff's assessment of the most reasonable method to provide service. Staff recommends approval. JLH/jsl 0:\agenda\7-20-04\SN 121 —Colleyville SS Interlocal Agmt STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICES BETWEEN THE CITY OF GRAPEVINE AND THE CITY OF COLLEYVILLE This Interlocal Agreement for Sanitary Sewer Services (the "Agreement") is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant, County, Texas, ("Colleyville") and the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas ("Grapevine"). WHEREAS, the City of Colleyville and the City of Grapevine desire to enter into an Interlocal Agreement at the request of Colleyville 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 Grapevine contracts with the Trinity River Authority pursuant to which the City of Grapevine is provided transportation and treatment of sanitary sewage; and WHEREAS, the City of Grapevine 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 Grapevine is willing to allow the City of Colleyville to introduce sanitary sewage into its sanitary sewer main line under the terms and conditions of this agreement; and WHEREAS, both the City of Colleyville and the City of Grapevine have current revenues available and allocated to cover their respective performance requirements under this Agreement. O:\interlocal agreements\City of Colleyville SS Service 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 Colleyville and the City of Grapevine 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. 11. SANITARY SEWER SERVICE 1. The City of Grapevine agrees to allow the City of Colleyville to introduce sanitary sewage into the Trinity River Authority Line upstream of the metering station for the City of Grapevine for the area and at the location shown on Exhibit "A" attached hereto. 2. The City of Colleyville 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 Grapevine metering station, and all construction and maintenance costs related thereto. Ill. PAYMENTS BY COLLEYVILLE TO GRAPEVINE 1. During the term of this agreement, the City of Colleyville shall pay the City of Grapevine an amount equal to the collective charges that the City of Grapevine 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 Grapevine. The amount due by Colleyville shall increase or decrease as Grapevine, from time to time, modifies its rate structure. 2. The City of Colleyville, at its sole cost, shall provide not later than the 1 st 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 Colleyville shall be calculated on a monthly basis. 3. The City of Grapevine shall submit a written bill to the City of Colleyville monthly based upon water meter readings, and the City of Colleyville shall O:\interlocal agreements\City of Colleyville SS Service pay the City of Grapevine the amount due within 30 days of the date of the bill is placed in the mail properly addressed to -the City of Colleyville. In the event the City of Colleyville fails to pay the amount due within said 30 day period, in addition to said bill, the City of Colleyville shall pay the City of Grapevine 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 Colleyville shall indemnify and hold the City of Grapevine, 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 Grapevine, 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. V. TERM OF AGREEMENT This Agreement shall be for a term of ten (10) years unless sooner terminated as provided herein, commencing on the day of , 2004. VI. 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: TO GRAPEVINE: City of Colleyville 100 Main Street Colleyville, Texas 76034 Attn: City Manager TO COLLEYVILLE: Winterlocal agreements\City of Colleyville SS Service City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 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 Grapevine may terminate this Agreement prior to the end of the term upon any of the following: A. City of Grapevine has discontinued sanitary sewer service to the City of Colleyville on two (2) or more occasions; or B. The City of Colleyville has violated any of the provisions, terms or conditions of the City of Grapevine 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 Grapevine within such period of time as the City of Grapevine determines is reasonable considering the nature and extent of the violation, which time period a 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 Colleyville; or C. City of Grapevine'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 Grapevine 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 Grapevine reserves the right to terminate this Agreement by giving written notice to the City of Colleyville 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 Grapevine shall have the absolute right to terminate and discontinue the sanitary sewer service to City of Colleyville and shall be entitled to take any and all action necessary to effectuate the termination and discontinuation of sanitary sewer service. ONnterlocal agreements\City of Colleyville SS Service Vill. 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 T ey r, 'ity of olleyvi(I 'Awpo . ma- q r.p,"S�eetary Kiy of Colleyville Mayor, City of Grapevine Date City Secretary City of Grapevine APPROVED BY COUNCIL: Colleyville I,-JZ7U / 206-5Z ate d Grapevine Date Winterlocal agreements\City of Colleyville SS Service M 1.