1991-010City of Southlake, Texas
RESOLUTION NO.91-10
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS
APPROVING AND AUTHORIZING THE MAYOR TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH CITY OF
GRAPEVINE FOR EMERGENCY WATER SERVICE. PROVID-
ING AN EFFECTIVE DATE.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, THAT:
Section 1. That the City Council hereby approves an Interlocal
Agreement between the City of Grapevine and the City of
Southlake, Texas, for emergency water service, in the form
attached hereto as Exhibit "A" and authorizes and directs the
mayor to execute and have delivered such agreement to the City of
Grapevine.
Section 2. That this Resolution shall be in full force and
effect from and after its passage.
PASSED AND APPROVED this the day of J_ 9%l
CITY OF SOUTHLAKE, TEXAS
By: t f
Gary Fickes; M-dyor-
ATTEST:
andra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
1
OFFICIAL RECORD
STATE OF TEXAS
INTERLOCAL AGREEMENT FOR
COUNTY OF TARRANT EMERGENCY WATER SERVICE FOR FIRE PROTECTION
This Interlocal Agreement for Emergency Water Service for Fire
Protection (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
Southlake, Texas, a municipal corporation located in Tarrant
County, Texas ("Southlake").
WHEREAS, Grapevine and Southlake desire to enter into an
interlocal agreement at the request of Southlake to provide
Emergency Water Service for Fire Protection located in the
southwest quadrant of the intersection of West Wall Street and
State Highway 114.
WHEREAS, Article 4413(32c), Vernon's Texas Civil Statutes, 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, Grapevine has presently sufficient capacity in its
water system to accommodate Southlake's request; and
WHEREAS, both Grapevine and Southlake have current revenues
available and allocated to cover their respective performance
requirements under this Agreement; and
WHEREAS, it would be to the benefit of both parties for
Grapevine to provide Emergency Water Service for Fire Protection to
Southlake under the terms of this Agreement; and
WHEREAS, Southlake intends to have an adequate Water System
constructed and operating to provide fire protection in this area
in the future; and
WHEREAS, it is mutually advantageous to both parties to enter
into this Agreement.
W I T N E S S T H:
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, Grapevine and Southlake hereby contract,
covenant, warrant and agree as follows:
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.
CONNECTIONS
1. Grapevine agrees to provide Emergency Water Service to the
southwest quadrant of the West Wall Street and State Highway 114
intersection as shown on the site plan, a copy of which is attached
as Exhibit A, which area is within the corporate limits of the City
of Southlake.
2. Southlake agrees that the connection is for emergency fire
protection service only and no facilities shall be connected
without the prior approval of the Grapevine City Council and a
written amendment to this Agreement. Southlake agrees to take
reasonable measures to ensure that no person or entity shall
connect to said facilities.
CHARGES FOR EMERGENCY WATER SERVICE
1. Southlake shall be charged for the Emergency Water Service
and shall pay to Grapevine all those charges applicable to
customers within the Grapevine corporate limits at a rate of 125%
times the rate charged to customers within the Grapevine corporate
limits. The 125% rate shall apply to consumption and all other
charges which Southlake is required to pay.
2. All charges shall be subject to the Grapevine City
Council's right and authority to change and adjust the charges and
Southlake shall pay 125% of the charge as changed or adjusted by
the Grapevine City Council.
IV.
METER READING
1. Southlake shall install and agree to maintain one
master meter to measure the amount of water used during emergency
situations.
2. Southlake shall read the master meter on the first working
day of each month and shall deliver the reading to the Grapevine
Utility Billing technician by 5:00 p.m. on the fifth (5th) day of
each month, or by 5:00 p.m. on the next working day if the fifth
5th) day is a holiday or weekend. Southlake shall be charged a
fifty dollar ($50.00) late fee for each reading that is not timely
received.
3. Grapevine shall be entitled, upon prior written notice to
Southlake, to read Southlake's master meter at any time during
normal business hours. A Southlake representative may accompany
the Grapevine representative when the master meter is read.
V.
BILLING
1. Grapevine shall bill Southlake directly for the water
service provided pursuant to this Agreement.
VI.
COMPLIANCE WITH LOCAL AND FEDERAL LAWS
1. Southlake agrees to and shall comply with all applicable
ordinances, resolutions and other rules and regulations of
Grapevine, except as specifically provided by this Agreement, and
with all applicable state and federal laws.
2. Specifically, Southlake shall comply with all provisions,
terms and conditions of Article II, Division 1, Chapter 25 of the
Grapevine Code of Ordinances, as now existing or as may hereafter
be amended, relating to water and sewers generally and all state
and federal laws relating to water supply. A copy of Article II,
Division 1, Chapter 25 of the Grapevine Code of Ordinances, as now
existing, is attached as Exhibit "B".
VII.
REMEDIES
1. Grapevine may discontinue the emergency water service to
Southlake for any violation or breach by Southlake of the terms of
this Agreement until the violation or breach has been cured to the
satisfaction of Grapevine.
2. Grapevine may discontinue the emergency water service to
Southlake for any violation by Southlake of the provisions of
Chapter 25 of the Grapevine Code of Ordinances until the violation
has been cured to the satisfaction of Grapevine.
3. Except for the failure to pay charges when due and
payable, and except for any violation by Southlake of any of the
provisions, terms or conditions of Article II, Division 1, Chapter
25 of the Grapevine Code of Ordinances or any state or federal law
relating to water supply, prior to discontinuing the emergency
water service, Grapevine agrees to provide Southlake an opportunity
to remedy the violation to Grapevine's satisfaction within thirty
30) days of the date written notice of the violation is mailed to
Southlake. If the violation is the failure to pay charges when due
and payable, Grapevine may discontinue emergency water service
immediately upon the occurrence of the violation until payment is
made. If the violation is a violation of a provision, term or
condition of Article II, Division 1, Chapter 25 of the Grapevine
Code of Ordinances or any state or federal law relating to water
supply, prior to discontinuing emergency water, Grapevine agrees to
provide Southlake an opportunity to remedy the violation to
Grapevine's satisfaction within such period of time as Grapevine
determines is reasonable considering the nature and extent of the
violation, which time period shall be spelled out in a written
notice of the violation and which time period shall commence to run
upon the mailing of the notice of violation to Southlake.
4. In addition to discontinuance of the emergency water
service, Grapevine may pursue all legal and equitable remedies,
including but not limited to, injunctive relief and the recovery of
damages and civil or criminal penalties. The right of Grapevine to
pursue all legal and equitable remedies shall survive the
termination of this Agreement
VIII.
TERM
This Agreement shall be for a term of five (5) years
commencing on the day of 11 1991.
IX.
NOTICES
Any notice required to be given under this Agreement shall be
deemed to have been adequately given if deposited 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 76051
Attention: City Manager
TO SOUTHLAKE:
City of Southlake
667 N. Carroll Avenue
Southlake, Texas 76092
Attention: City Manager
A change of address may be made by either party upon the
giving of ten (10) days prior written notice.
X.
TERMINATION
1. Grapevine may terminate this Agreement prior to the end of
the term upon any of the following conditions:
a. Grapevine has discontinued emergency water service to
Southlake on two (2) or more occasions; or
b. Southlake has violated any of the provisions, terms or
conditions or Article II, Division 1, Chapter 25 of the
Grapevine Code of Ordinances or any state or federal law
relating to water supply which violation has not been
cured to the satisfaction of Grapevine within such period
of time as Grapevine 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 Southlake.
C. Grapevine in its sole discretion does not have
sufficient water capacity to provide emergency
water service to Southlake.
2. The parties may terminate this Agreement at any time by
mutual written consent.
3. Upon the termination of this Agreement, Grapevine shall
have the absolute right to terminate and discontinue the emergency
water service to Southlake and shall be entitled to take any and
all action necessary to effectuate the termination and
discontinuation of emergency water service.
XI.
INDEMNIFICATION AND HOLD HARMLESS
Southlake, for ten dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, shall fully indemnify and hold harmless, the City of
Grapevine, and of its respective officers, officials, employees,
and agents, from and/ or suits, actions, claims, losses and
expenses, including court costs and attorneys fees, of any
character, name, and description, brought on for or on account of
any injuries or damages, including death, received or sustained by
any person or property on account of arising out of, or in,
connection with, including, but not limited to the following:
1. Grapevine's failure to supply water to
Southlake pursuant to this agreement;
2. Grapevine's failure to supply sufficient
water, and sufficient water pressure, to
Southlake pursuant to this agreement;
3. Grapevine's failure to properly maintain the
water line which supplies Southlake with water
pursuant to this agreement;
4. Southlake's failure to properly maintain
equipment which is connected to the water line
which supplies Southlake with water pursuant
to this agreement;
5. Southlake's failure to respond or delaying
responding to any fire or explosion within the
area which is serviced by the water line,
which is the subject matter of this agreement;
As well as any such damage or injury resulting from any
negligent act, omission, misconduct or failure of Grapevine or
Southlake, their officials, officers, employees, or agents, in the
performance in this agreement.
XII.
MISCELLANEOUS PROVISIONS
1. Southlake shall report to Grapevine any leaks it may
notice in the water line which provides the emergency water
service.
2. This Agreement shall be binding upon an inure to the
benefit of the parties hereto and their respective successors, and
assigns.
3. This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the
subject matter hereof.
4. No amendment, modification or alteration of the terms
hereof shall be binding unless the same be in writing,dates
subsequent to the date hereof and duly executed by the parties.
5. 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 one and the same instrument.
6. 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.
7. The obligations and undertakings of each of the parties to
this Agreement are and shall be performable in Tarrant County,
Texas.
8. Grapevine does not guarantee, by the execution of this
Agreement, adequate water supply or adequate water pressure, to the
the water line which shall supply Southlake with emergency water
service. This Agreement shall not be relied upon for any reason by
Southlake or any person or entity not a party hereto, for the
adequate supply of water or water pressure to the water line which
shall supply Southlake with emergency water service.
Mayor, City of Grapevine
February 5. 1991
Date
it
y4
SecretaY(y/
City of Grapevine
FehrULXv 5.. 1991
Date
APPROVED BY COUNCIL 02/05/91.
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Stan/Interloc.Sou
3Kyor,`"Cit'y of Southlake
February 19, 1991
Date
City Secretary
City of Southlake
February 19, 1991
Date
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