Item 4G - westlake ILA CITY OF
SOUTH LAKE
MEMORANDUM Item 4G
(June 1 , 2016)
To: Shana Yelverton, City Manager
From: Ben Thatcher, Assistant City Manager
Subject: Item 4G - Interlocal Agreement with the Town of Westlake for
the provision of sanitary sewer services.
Action
Requested: Approval of an Interlocal Agreement for the provision of
sanitary sewer services connected to the N-1 sanitary sewer
collector main in the Town of Westlake.
Background
Information: The purpose of this interlocal agreement is to update the
method Southlake uses to recover the cost of waste water
treatment.
In 1995, with the development of The Coventry Subdivision,
the Town of Westlake and the City of Southlake agreed to
participate in the construction of the N-1 sewer main.
Through that agreement, Westlake purchased capacity in a
portion of the main but not ownership of the main. In 1999 a
second interlocal agreement provided for the connection of
the Glenwyck Farms Addition through an area sewer meter
and established rates for Southlake to recover the cost for
waste water treatment.
The agreement presented today provides a means for
Southlake to bill for unmetered sewer connections to the N-1
sewer main in Westlake. Westlake agrees to pay for the
Trinity River Authority base rate that Southlake is charged
plus a ten percent (10%) administrative fee. This agreement
also acknowledges Westlake's approval for a portion of the
waste water from the Southlake Meadows Subdivision to
flow through the Terra Bella Subdivision in Westlake before
entering the N-1 main at no cost to the City of Southlake.
Financial
Considerations: This interlocal agreement updates the method Southlake
uses to recover the cost of waste water treatment.
Strategic Link: B2 — "Collaborate with select partners to implement service
solutions."
Honorable Mayor and City Council
Item 4G, Page 2 of 15
Citizen Input/
Board Review: Not Applicable.
Legal Review: City attorney has reviewed the agreement.
Alternatives: 1) Approve as proposed.
2) Reject — Both Cities would need to develop sewer
connections within their own City limits.
Supporting
Documents: Interlocal Agreement with Westlake.
Staff Recommendation: Approve item as proposed
Honorable Mayor and City Council
Item 4G, Page 3 of 15
INTERLOCAL AGREEMENT FOR THE PROVISIONS OF
SANITARY SEWER SERVICES CONNECTED TO THE
N-1 SANITARY SEWER COLLECTOR MAIN
IN THE TOWN OF WESTLAKE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the Town of
Westlake, Texas, a Type A general law municipal corporation, located in Tarrant
County, Texas (hereinafter referred to as "Westlake") and the City of Southlake,
Texas, a home rule municipal corporation, located in Tarrant County, Texas
(hereinafter referred to as "Southlake").
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, authorizes city governments in the State of Texas to contract
with one another for the provision of various governmental functions and the
delivery of various governmental services, including those in the area of public
health, sanitation, and utility services; and
WHEREAS, Westlake and Southlake desire to provide sanitary sewer
service to the citizens of the respective municipalities by not duplicating services;
and
WHEREAS, pursuant to a prior interlocal agreement dated August 29,
1995 (the "1995 Agreement"), Westlake and Southlake currently share capacity
in a portion of Southlake's sanitary sewer collector main, commonly referred to as
"N-1 collector main" and is located within the N-1 drainage basin (the "N-1
collector main") depicted on Exhibit "A" attached hereto; and
Honorable Mayor and City Council
Item 4G, Page 4 of 15
WHEREAS, pursuant to another interlocal agreement between the
municipalities dated August 6, 1999 (the "1999 Agreement"), after two years
from the date Glenwyck Farms tapped the N-1 collector main Westlake agreed
to pay Southlake twice the rates Southlake is required to pay the Trinity River
Authority ("TRA") for wastewater treatment in the Denton Creek System; and
WHEREAS, Southlake pays for the cost for treatment of all the
wastewater transported through the N-1 collector main; and
WHEREAS, Westlake has constructed sanitary sewer facilities to serve
the Glenwyck Farms, Vaquero, Granada, and Terra Bella subdivisions located in
the town limits of Westlake and within the N-1 drainage basin; and
WHEREAS, wastewater flows from the Glenwyck Farms, Vaquero and
Granada subdivisions are measured by an area wastewater meter; and
WHEREAS, wastewater flows from the Carlyle and Terra Bella
subdivisions are not measured by area wastewater meters prior to the points of
connection to the N-1 collector main; and
WHEREAS, Westlake has agreed that a portion of the waste water flow
from the Southlake Meadows addition in Southlake may flow through the Terra
Bella subdivision sewer collection system prior to entering the N-1 collector main;
and
WHEREAS, Westlake and Southlake mutually desire to be subject to the
provisions of the Interlocal Cooperation Act and other applicable statutes and
contract pursuant thereto.
NOW, THEREFORE, for the mutual consideration herein stated, Westlake
and Southlake agree as follows:
Honorable Mayor and City Council
Item 4G, Page 5 of 15
1
Wastewater
Southlake agrees to receive and discharge normal domestic wastewater
from properties within Westlake, specifically, the normal domestic wastewater
from the portion of the N-1 drainage basin located within Westlake. For purposes
of this Agreement, "normal domestic wastewater" shall mean wastewater
excluding industrial wastewater and any commercial wastewater which would
require pretreatment by TRA unless that wastewater is adequately pretreated to
meet TRA's requirements. Westlake agrees to take all reasonable and
necessary steps to prevent industrial wastewater and commercial wastewater
which would require pretreatment by TRA from entering Southlake's wastewater
system, including the passage of any necessary regulatory measures to prohibit
such discharge, or to adequately pretreat such wastewater to meet TRA's
requirements prior to its entry into Southlake's wastewater system.
Westlake agrees to receive and discharge normal domestic wastewater
from properties within Southlake, specifically, the normal domestic wastewater
from the portion of the southlake Meadows subdivision located within Southlake.
For purposes of this Agreement, "normal domestic wastewater" shall mean
wastewater excluding industrial wastewater and any commercial wastewater
which would require pretreatment by TRA unless that wastewater is adequately
pretreated to meet TRA's requirements. Southlake agrees to take all
reasonable and necessary steps to prevent industrial wastewater and
commercial wastewater which would require pretreatment by TRA from entering
Westlake's wastewater system, including the passage of any necessary
Honorable Mayor and City Council
Item 4G, Page 6 of 15
regulatory measures to prohibit such discharge, or to adequately pretreat such
wastewater to meet TRA's requirements prior to its entry into Westlake's
wastewater system.
2
Billing
The 1995 Agreement and the 1999 Agreement between Westlake and
Southlake for billing Westlake metered and estimated wastewater flows through
the N-1 collector main are hereby amended as follows:
Until such time Trinity River Authority assumes billing responsibilities,
Southlake shall read, or cause to be read, all current and proposed area meters
identified on Exhibit "B" to calculate a sewer volume for billing Westlake.
For any Westlake sanitary sewer connection to the N-1 collector main that
is not metered by an area sanitary sewer meter (unmetered), Westlake shall
provide Southlake a copy of the Westlake utility bill for each unmetered utility
customer no later than 10 days following that date that Westlake bills are mailed
to Westlake customers. Southlake will in turn bill Westlake on a monthly basis for
sewer treatment of the aggregate average sewer volume as determined by the
Winter Quarter Average (December, January, and February) for each sanitary
sewer connection that is not metered by an area sanitary sewer meter.
Southlake will invoice Westlake for wastewater treatment as described
above. Payment shall be due to Southlake no later than 30 days of the invoice
date.
Honorable Mayor and City Council
Item 4G, Page 7 of 15
3
Rates and Bills
The rates charged for all Westlake sanitary sewer volume discharged into
the N-1 collector main, metered or unmetered, shall be equal to the most current
rates adopted by TRA for wastewater treatment in the Denton Creek System plus
10% administrative. This section shall apply to all properties in Westlake that are
served by the N-1 collector main either measured by an area sanitary sewer
meter or estimated as identified above.
Whenever there is a change in the rate TRA charges for sewer treatment
Southlake shall: 1) notify Westlake of the change; and modify Southlake's billing
to reflect the pass-through rate charged to Westlake.
4
Other Service Area
The municipalities agree that no service areas or individual sanitary sewer
services from properties that are outside the N-1 drainage basin shall be allowed
to be connected to the N-1 collection main without the written consent of both
municipalities. Therefore, neither Westlake nor Southlake may add areas or
customers outside of the N-1 drainage basin as shown on Exhibit "A" and as
recorded on Southlake's Sewer System Master Plan.
5
Applicable Law
This Agreement and any of its terms and provisions, as well as the rights
and duties of the parties hereto shall be governed by the laws of the State of
Texas. This Agreement is fully performable in Tarrant County, Texas, and in the
event that any cause of action is filed by either party arising out of the terms of
Honorable Mayor and City Council
Item 4G, Page 8 of 15
this Agreement, the exclusive venue for said lawsuit shall be in Tarrant County,
Texas.
6
Severability
In the event that any portion of this Agreement shall be found to be
contrary to law, it is the intent of the parties hereto that the remaining portions
shall remain valid and in full force and effect to the extent possible.
7
Authority
Each party certifies that the undersigned officers and/or agents of the
parties hereto are the properly authorized officials and have the necessary
authority to execute this Agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary resolutions or orders
extending said authority have been duly passed and are now in full force and
effect.
8
Term and Termination of Agreement
This Agreement shall continue so long as wastewater flow from any
subdivision in the town limits of Westlake flows into the Southlake sanitary sewer
system; provided, however, that this Agreement may be terminated by either
party, with or without cause, one hundred eighty (180) days after written notice of
termination is delivered by the party desiring to terminate the Agreement to the
other party at the address provided herein.
Honorable Mayor and City Council
Item 4G, Page 9 of 15
9
No joint enterprise
No provision of this Agreement shall be construed to create any type of
joint ownership of any property, to create a partnership, joint venture or other
agreement of any kind, or to create any right of partial control, ownership of or
equity in the other municipalities' facilities described herein. Furthermore, the
parties hereto acknowledge and agree that the doctrine of respondeat superior
shall not apply between the municipalities.
10
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 Southlake:
City of Southlake
Attn: City Manager
1400 Main Street, Suite 460
Southlake, Texas 76092
Telephone: (817) 748-8400
Facsimile: (817) 748-8010
and to:
City of Southlake
Attn: Director of Public Works
1400 Main Street, Suite 320
Southlake, Texas 76092
Telephone: (817) 748-8400
Facsimile: (817) 748-8077
If to Westlake:
Town of Westlake
Attn: Town Manager
1301 Solana Blvd., Building 4, Suite 4202
Westlake, Texas 76262
Telephone: (817) 430-0941
Facsimile: (817) 430-1812
Honorable Mayor and City Council
Item 4G, Page 10 of 15
and to:
Town of Westlake
Attn: Director of Public Works
1301 Solana Blvd., Building 4, Suite 4202
Westlake, Texas 76262
Telephone: (817) 430-0941
Facsimile: (817) 430-1812
or to such other addresses as may be provided for in writing from time to time.
11
Other agreements unaffected
This Agreement shall govern the provision of all Town of Westlake
wastewater discharged into the N-1 sewer line. All other interlocal agreements
between Westlake and Southlake not changed in whole or in part by this
agreement shall continue in effect.
12
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 municipality 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, or any damage
limitation or other protection provided to municipalities under any applicable law.
This section shall be liberally construed to carry out the intent of each
municipality's governing body, and the municipalities do hereby invoke said
governmental immunity to the extent possible under the law.
Honorable Mayor and City Council
Item 4G, Page 11 of 15
13
No third party beneficiaries
It is understood by the parties that this Agreement is entered into for the
mutual convenience and public purposes of the municipalities which are parties
hereto, and it is the parties' intent that no other parties shall be construed as
beneficiaries of this Agreement, including the owners, residents, or operators of
property connected to the N-1 collection main, regardless of whether such
persons are provided wastewater services under this Agreement.
14
Payment for Services
Each party paying for the performance of governmental functions or
services hereunder shall make those payments from current revenues available
to the paying party.
15
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.
16
Amendment
This Agreement may only be amended, altered, or revoked by written
instrument signed by both parties.
17
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.
Honorable Mayor and City Council
Item 4G, Page 12 of 15
18
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.
This Agreement may be executed in multiple originals.
19
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 period of the
inability, provided that both parties agree to use good faith and exercise
reasonable efforts to remove and overcome such inability.
20
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.
21
Exhibits
All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
Honorable Mayor and City Council
Item 4G, Page 13 of 15
CITY OF SOUTHLAKE
Date
Laura Hill, Mayor
ATTEST:
City Secretary
Approved as to form and Legality
Allen Taylor, City Attorney
TOWN OF WESTLAKE
Date
Thomas E. Brymer, Town Manager
ATTEST:
Town Secretary
Approved as to form and Legality
Stan Lowry, Town Attorney
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Honorable Mayor and City Council
Item 4G, Page 15 of 15
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