Item 4EM E M O R A N D U M
(July 7, 2009)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve an Interlocal Agreement for residential water
and wastewater service connection to Grapevine with
City of Grapevine
Action
Requested:
Approve an Interlocal Agreement for residential water and
wastewater service connection to Grapevine with the City of
Grapevine.
Background
Information:This is a follow up item to Item 6A from the May 5, 2009 City
Council agenda. Lester and Stacy Strait of 1900 North
Kimball Avenue brought forth a request for rezoning on
previously unplatted property in the North Kimball Road Water
nd
service area. Ordinance No. 480-583, 2 Reading (ZA08-
105), Zoning Change and Concept Plan for proposed Lot 29,
F. Throop No. 1511 Addition being described as Tracts 1G1,
1G, 1V1, 1V, F. Throop Survey, Abstract No. 1511 and being
located at 1900 North Kimball Avenue was approved by the
Southlake City Council on May 5, 2009. The previous zoning
was AG – Agricultural District while the requested and
approved zoning was SF-1A – Single Family Residential
District.
P&Z recommended approval (7-0) on April 9, 2009 requiring
that the lot have adequate water supply prior to construction;
and subject to Concept Plan Review Summary No. 2, dated
February 25, 2009.
City Council approved the above mentioned item on first
reading (6-0) and on second reading on April 21, 2009 and
May 5, 2009, respectively requiring that prior to a Certificate of
Occupancy being issued an adequate water supply be present
for the subject property.
The minimum size for water lines is 8-inch. Water lines
cannot cross property lines without being in an easement or
right-of-way.
Currently, there is a sub-standard 2-inch diameter waterline
located in N. Kimball Avenue. The minimum standard 8-inch
diameter water line will have to be extended to serve this
development. The City of Southlake is currently proposing this
utility improvement project in the FY 2010 Capital
Improvement budget. The nearest connection point is at the
intersection of Dove Road and Kimball.
This interlocal agreement provides temporary water service to
the property located at 1900 N. Kimball until the utility
improvements can be constructed.
In addition, this interlocal agreement also provides wastewater
service to 2940 N. Kimball Avenue. This property is located at
the extreme Northeast corner of Southlake. It is not cost
effective for the City of Southlake to construct sanitary sewer
facilities to handle the flow from this residential property. The
City of Grapevine has existing wastewater facilities in the area
and is willing to allow the Southlake property owner to connect
to the Grapevine system under agreed upon conditions. The
conditions include the payment of wastewater impact fees to
Grapevine as well as the extension of a service connection by
the property owner at the property owner’s cost.
Financial
Considerations:
There is no direct financial impact to the City of Southlake
related to the approval of this interlocal agreement. The term
for the provision of water service by Southlake to the property
located at is limited by the interlocal agreement. The cost
provision of wastewater service by Grapevine will be borne by
the property owner and is in perpetuity. Funding for the
construction of a new improved water line is being requested
as part of the FY 2010 CIP budget.
Strategic Link:
The Grapevine interlocal agreement links to the City’s strategy
map relative to the focus areas of Infrastructure, and Quality
Development. The specific corporate objectives that are met
by this agreement include: Collaborating with select partners
to implement service solutions and providing High Quality
customer service.
Citizen Input/
Board Review:
None
Legal Review:
None
Alternatives:
The City Council may approve or deny this agreement
Supporting
Documents:
Interlocal Agreement
Exhibits
Staff
Recommendation:
Approve an Interlocal Agreement with City of Grapevine for
Residential Water and Wastewater Service Connection in
the North Kimball Service Road Area.
Staff Contact:
Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., Deputy Director of Public Works
INTERLOCAL AGREEMENT FOR PROVISION OF WATER AND WASTEWATER
SERVICE TO NORTH KIMBALL ROAD SERVICE AREAS
STATE OF TEXAS§
§
COUNTY OF TARRANT §
This Agreement is entered into by and between the City of Grapevine, Texas, a home rule
municipality located in Tarrant County, Texas, operating herein by and through its duly
authorized Mayor, William D. Tate, and the City of Southlake, Texas, a home rule municipality
located in Tarrant County, Texas, operating herein by and through its duly authorized Mayor,
John Terrell.
A.
DEFINITIONS
1. "Force majeure" is an act of God or a public enemy, war, riot, civil commotion,
insurrection, terrorism, strike (unless caused by acts or omissions of the party asserting same),
governmental or de facto governmental regulatory or eminent domain action (unless caused by
acts or omissions of the party asserting same), fire, drought, explosion, flood, or other natural
catastrophe.
2. "Grapevine" is the City of Grapevine, a home-rule municipality located in Tarrant
County, Texas.
3. “Southlake” is the City of Southlake, a home-rule municipality located in Tarrant and
Denton Counties, Texas.
4. “The North Kimball Road Water Service Area” is that area generally described as the
area in the City of Southlake immediately west of North Kimball Road, north of Dove Road to
the Kimball Road curve, as shown on the map attached hereto and incorporated herein as Exhibit
A.
5. “The North Kimball Road Wastewater Service Area” is that area generally described as
the area in the City of Southlake immediately west of the intersection of North Kimball Road and
Meadowmere Lane, comprised of one single-family residential property, as shown on the map
attached hereto and incorporated herein as Exhibit B.
B.
RECITALS
WHEREAS, Southlake has previously permitted development in the North Kimball Road
Water Service Area with an existing 2-inch water line and an existing mutual aid agreement with
the City of Grapevine for fire protection; and
WHEREAS, Southlake desires to allow the development of up to 2 additional residential
sites in the service area; and
WHEREAS, Southlake currently does not have the facilities necessary to provide
adequate fire protection and water service through existing facilities; and
WHEREAS, Southlake has plans to construct an adequate water line and appurtenances
in the future to serve both the existing and future Southlake residential sites within the North
Kimball Road Water Service Area; and
WHEREAS, Grapevine currently has the water facilities and capacity to provide the
water service to new development (up to 2 residential lots) within the subject area; and
WHEREAS, Grapevine is willing to provide water service to the North Kimball Road
Water Service Area for a period of up to 24 months; and
WHEREAS, Southlake, at the homeowner’s request, desires to provide a single existing
residential home currently served by a septic system (the North Kimball Road Wastewater
Service Area, Exhibit B), located in the northwest corner of Kimball Road and Meadowmere
Lane, with wastewater service; and
WHEREAS, Southlake has no available wastewater collection system within 5,000 feet
of the existing residential home to provide the wastewater service to the homeowner; and
WHEREAS, Southlake has no plans to extend a wastewater collection system to this area
in Southlake; and
WHEREAS, Grapevine has the wastewater facilities and capacity to provide the
wastewater service to the existing home in Southlake within the North Kimball Road Wastewater
Service Area until such time as Southlake can practically and adequately provide such services in
that area; and
WHEREAS, Grapevine is willing to provide wastewater service to the North Kimball
Road Wastewater Service Area until such time that Southlake has a wastewater system in place
that can serve the subject area; and
WHEREAS, consideration for Grapevine providing such service will be provided by the
revenue generated from the fees for such service generated by the new residential customers
located in the two service areas; and
Kimball Water line inter-local agreement with Grapevine
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WHEREAS, Chapter 791 of the Texas Government Code (the "Interlocal Cooperation
Act") authorizes municipalities to enter into interlocal agreements for the providing of
governmental functions and services, including but not limited to, provision of residential water
service; and
WHEREAS, the parties hereto deem it to be to their mutual benefit and to the benefit of
the health, safety and welfare of their respective citizens to enter into this Interlocal Cooperation
Agreement to provide for the provision of water services to new development in the North
Kimball Road Service Area, , under the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, Grapevine and Southlake, for good and valuable consideration, specifically,
the mutual promises and agreements contained herein, do hereby contract, covenant and agree as
follows:
C.
TERM OF AGREEMENT AND CONDITIONS PRECEDENT
That Grapevine and Southlake do hereby covenant and agree as follows:
1.Purpose.
The purpose of this Agreement is to (1) provide efficient water service by
Grapevine to up to 2 Southlake residential lots located in the North Kimball Road Water
Service Area, until such time as Southlake can practically and adequately provide such
services in that area and (2) provide efficient wastewater service by Grapevine to one
Southlake residential home located in the North Kimball Road Wastewater Service Area,
until such time as Southlake can practically and adequately provide such services in that
area.
2. Term for provisions related to Water Supply.
The term of this Agreement for
Grapevine providing water service shall remain in effect until such improvements are
completed by Southlake and shall terminate upon the date of completion of the Southlake
water line improvements, including completion of residential connections, or on June 30,
2011, whichever occurs earliest. The Agreement shall continue until said date unless one
of the parties provides written notice to the other party of the notifying party's intent to
terminate the Agreement. In the event such notice is given, this Agreement will
terminate one year after the date such notice is given to the non-terminating party, or such
earlier time as may be agreed by the parties.
Term for provisions related to Wastewater Collection.
The term of this Agreement
for Grapevine providing wastewater collection shall be for ninety-nine years from the
effective date of this Agreement, or until such time that wastewater collection
improvements are completed by Southlake sufficient to serve the North Kimball Road
Wastewater Service Area, and Southlake provides written notice to Grapevine of
Southlake’s intent to terminate the Agreement early. Unless terminated earlier as
Kimball Water line inter-local agreement with Grapevine
Page 3
provided herein, the Agreement shall continue after such ninety-nine year term
indefinitely unless one of the parties provides written notice to the other party of the
notifying party's intent to terminate the Agreement or until such time that improvements
are completed by Southlake sufficient to serve the North Kimball Road Wastewater
Service Area, and Southlake provides written notice to Grapevine of Southlake’s intent to
terminate the Agreement. In the event such notice is given, this Agreement will
terminate one year after the date such notice is given to the non-terminating party, or such
earlier time as may be agreed by the parties.
3. Grapevine Agreement to provide water service to North Kimball Road Service
Area.
a. Agreement to provide Water Service.
During the term of this Agreement,
Grapevine agrees to provide residential water service from the Grapevine water
system to new development (up to 2 residential connections) for the North
Kimball Road Water Service Area, on the same terms and conditions that
Grapevine provides to its residents and other customers, except as provided
herein.
b.Agreement to provide Wastewater Collection.
During the term of this
Agreement, Grapevine agrees to provide residential wastewater collection service
through the Grapevine wastewater collection and treatment system to the
residential home depicted in the North Kimball Road Wastewater Service Area,
on the same terms and conditions that Grapevine provides to its residents and
other customers, except as provided herein.
c.Assessment and Collection of Impact Fees.
Grapevine agrees that water impact
fees will not be assessed nor collected from any properties in the North Kimball
Road Water Service Area served under this agreement due to its limited period of
service. Grapevine and Southlake agree that wastewater impact fees will be
assessed and collected from the property in the North Kimball Road Wastewater
Service Area served under this agreement due to its potential long term of service.
d.Repair and monitoring responsibilities.
Grapevine shall be responsible for
monitoring and repairing within a reasonable time any of the water and
wastewater system facilities located in Grapevine necessary to provide the water
and wastewater service from the Grapevine systems to the North Kimball Road
Water and Wastewater Service Areas. Grapevine agrees to maintain the water
and wastewater systems located in Grapevine necessary to provide the water and
wastewater service to the North Kimball Road Service Areas to insure that quality
standards established by applicable ordinances, regulations, and statutes are met.
Nothing contained herein shall be construed as expanding Grapevine's liability
under existing law, as imposing any greater duties on Grapevine than are
otherwise imposed upon it as a municipal corporation under applicable law except
Kimball Water line inter-local agreement with Grapevine
Page 4
as expressly provided herein, or as waiving any governmental immunity
Grapevine is accorded under applicable law, or waiving any damage limitations or
caps imposed by applicable law.
e. Billing and collection responsibilities - Water.
Grapevine shall read the meters
for the lots served by Grapevine water facilities under this agreement located
within the North Kimball Road Water Service Area on a monthly basis and bill
the account holders in the service area at 1.25 times the rate set by Grapevine for
residential water service.
f. Billing and collection responsibilities - Wastewater.
Southlake shall read the
water meter for the residential lot located within the North Kimball Road
Wastewater Service Area on a monthly basis, bill the account holder the rates set
by Southlake for sanitary sewer service, and provide Grapevine with a
spreadsheet indicating the dates the meters were read and the total gallons used
and the amount Southlake billed for water and wastewater services. Grapevine
will then invoice Southlake for the sanitary sewer service provided by Grapevine
based upon 1.25 times Grapevine's rate for residential wastewater service only,
and Southlake will promptly pay Grapevine the invoiced amount. Southlake will
bear the responsibility for collecting the amounts due from the account holder
located within the specified service area.
g. Indemnification & Hold Harmless – Wastewater.
Southlake agrees to
Grapevine’s requirement that the residential homeowner in Southlake hold
harmless and indemnify the City of Grapevine from any damages, fines or other
penalties resulting from any type of wastewater spill or release from the
homeowner’s private system that may reach any public rights-of-way or
.
easements
h. Cooperation regarding repairs.
Southlake shall be responsible for maintaining
and repairing the water facilities located within the city limits of Southlake, and
Grapevine shall be responsible for maintaining and repairing the water facilities
located within the city limits of Grapevine. Southlake and Grapevine agree to
cooperate in any efforts to repair the water facilities of either Southlake or
Grapevine serving the North Kimball Road Service Area, including providing
necessary equipment, traffic control and barricades in the respective cities.
4. Regulatory control.
It is understood and agreed by the parties hereto that the
development regulations of the city in which facilities are located shall be applicable to
such facilities.
5. No joint enterprise.
No provision of this Agreement shall be construed to create any
type of joint ownership of any property, nor shall same be deemed to create a partnership,
joint venture or other agreement which would be construed as granting partial control,
Kimball Water line inter-local agreement with Grapevine
Page 5
ownership of or equity in the facilities described herein. It is understood and agreed that
the facilities operated by Southlake shall be owned and controlled by Southlake, and that
the facilities operated by Grapevine shall be owned and controlled by Grapevine.
Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat
superior shall not apply between the cities.
6. 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
Attention: City Manager
1400 Main Street
Southlake, Texas 76092
If to Grapevine:
City of Grapevine
Attention: City Manager
P.O. Box 95104
Grapevine, Texas 76099
or to such other addresses as may be provided for in writing from time to time.
7. 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 city 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. This section shall be liberally
construed to carry out the intent of the city councils of Southlake and Grapevine, and the
cities do hereby invoke and preserve said governmental immunity to the greatest extent
possible under the law.
8. No third party beneficiaries.
It is understood by the parties that this Agreement is
entered into for the mutual convenience and purposes of the cities 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 located in
either the Grapevine Area or the Southlake area, regardless of whether such persons are
anticipated to be customers under this Agreement.
9. Entire Agreement.
This Agreement, including any exhibits attached and made a part
hereof, is the entire Agreement between the parties and supersedes all prior or
Kimball Water line inter-local agreement with Grapevine
Page 6
contemporaneous understandings or representations, whether oral or written, respecting
the subject matter herein.
10. Venue.
This Agreement shall be construed under the substantive laws of the State of
Texas, without reference to its choice of law provisions. This Agreement shall be fully
performable in Tarrant County, Texas, and the exclusive venue for any action arising
under state law under this Agreement shall be the District Courts of Tarrant County,
Texas. If any action relating to this Agreement is not properly brought in state court,
venue shall be the United States District Court for the Northern District of Texas.
11. Severability.
In the event any section, subsection, paragraph, subparagraph, sentence,
phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this
Agreement shall be enforceable, and shall be read as if the parties intended at all times to
delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or
word. In such event there shall be substituted for such deleted provision a provision as
similar in terms and in effect to such deleted provision as may be valid, legal and
enforceable.
12. Authority.
This Agreement was authorized by the Southlake City Council at its regular
meeting on the _____ day of ______________, 20___, authorizing the Southlake City
Manager to execute this Agreement on behalf of the City of Southlake, and by the
Grapevine City Council at its regular meeting on the _____ day of ______________,
20___, authorizing the Grapevine City Manager to execute this Agreement on behalf of
the City of Grapevine.
13. 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.
14. Amendment.
This Agreement may only be amended, altered, or revoked by written
instrument signed by the parties to such amendment.
15. Interpretation.
Both parties acknowledge that each party has had an opportunity to
review this Agreement in full, discuss it with legal counsel, and negotiate regarding the
terms. Therefore, in the event of any dispute over its meaning or application, regardless
of the actual drafter or scrivener of this Agreement, this Agreement shall be interpreted
fairly and reasonably, and not construed in favor of nor against any party.
16. 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.
17. 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
Kimball Water line inter-local agreement with Grapevine
Page 7
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 continuance of the inability claimed and for no longer
period, and any such party will in good faith exercise its best efforts to remove and over
come such inability.
18. 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.
19. Recitals.
The recitals to this Agreement are incorporated herein, and are intended to aid
in the interpretation of this Agreement.
20. Exhibits.
All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Kimball Water line inter-local agreement with Grapevine
Page 8
EXECUTED this ______ day of _________________, 20___.
CITY OF GRAPEVINE
By:_____________________________________
Bruno Rumbelow, Grapevine City Manager
ATTEST:
____________________________________
Linda Huff, Grapevine City Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
John F. Boyle, Jr., Grapevine City Attorney
Kimball Water line inter-local agreement with Grapevine
Page 9
EXECUTED this ______ day of _________________, 20___.
CITY OF SOUTHLAKE
By: ______________________________________
John Terrell, Southlake Mayor
ATTEST:
____________________________________
Lori Payne, Southlake City Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Tim G. Sralla, Southlake City Attorney
Kimball Water line inter-local agreement with Grapevine
Page 10
EXHIBIT A
EXHIBIT A
Proposed new
development
EXHIBIT A
EXHIBIT A
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EXHIBIT B
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