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HomeMy WebLinkAboutCity Council Resolutions (R-04-2346)-03/16/2004 RESOLUTION R-04-2346 A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY OF GRAPEVINE FOR SANITARY SEWER CHARGES WHEREAS, the City of Grapevine is working with developers of property at SH26 and Pool Road; and WHEREAS, the existing sanitary sewer main on Pool Road it not adequate to serve this area; and WHEREAS, the City of Grapevine requests to connect a sewer main to the City of Colleyville controlled Trinity River Authority (TRA) main line; and WHEREAS, the City of Colleyville and the City of Grapevine desire to enter into an Interlocal Agreement for sanitary sewer charges; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville and the City of Grapevine shall enter into an Interlocal Agreement, Exhibit "A", for sanitary sewer charges. Sec. 2. THAT maintenance and all cost associated with the sanitary sewer main will be the responsibility of the City of Grapevine. Sec. 3. THAT the City of Grapevine will be billed at current Colleyville water rates, on a monthly basis. Sec. 4. THAT the City of Grapevine will be responsible for any unpaid accounts by their customers. AND IT IS SO RESOLVED. PASSED BY A VOTE OF .5" AYES, 0 ON THIS THE /{,. ~ DAY OF ~aA..r '1 ATTEST: 11~ Cynthia Singleton, TRM City Secretary Resolution R-04-2346 Page 2 of 2 NAYS AND 2004. o ABSTENTIONS E STATE OF TEXAS 9 COUNTY OF TARRANT 9 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. 9 791.001 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. WITNESSETH: O:~nterlocal agreements\Cfty of Colleyville SS Service 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, I. ADOPTION OF PREAMBLE 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 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 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 pay the City of Colleyville the amount due within 30 days of the date of the O:~nlerlocal agreemenls\Ctty of Colleyville SS Service 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 "~' 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. 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 Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attn: City Manager TO COLLEYVILLE: O:\interlocal agreementslCity of colleyville SS Service 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. O:~nterlacal agreements\C~y of Calleyville SS Service 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 anyone 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. O:~nterlocal agreementslCity of Colleyville SS Service Mayor, City of Grapevine Date City Secretary City of Grapevine APPROVED BY COUNCIL: Grapevine Colleyville Approved as to Form Date r4;;l'{ It,., .e0A,L Grapevine City Attorney O:~nterlocal agreements\C~y of Colieyvilie SS Service Colleyville City Attorney