Item 4ECity of Southlake, Texas
MEMORANDUM
November 18, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve an interlocal agreement with the City of Grapevine for
provision of sanitary sewer services to the Simmons Service
Area for a period of 99 years
Action
Requested: Approve an interlocal agreement with the City of Grapevine for
provision of sanitary sewer services to the Simmons Service Area
for a period of 99 years.
Background
Information: City Staff has been in discussions with the Grapevine City Staff for
the past few months regarding adjustments to our common
boundary in the vicinity of NW Highway, Park Blvd. and SH 114.
The goal of this adjustment is to clean up an erratic boundary line,
thereby eliminating potential confusion of emergency responders to
the respective city's limits. The agreement to adjust the boundary
is comprised of a number of elements. This item details the
provisions of Grapevine providing sanitary sewer services to the
Simmons Service Area for a period of 99 years.
Grapevine currently provides sanitary sewer service to this area of
Southlake under a September 1998 agreement that has expired.
The original 1998 agreement with Southlake to serve the Simmons
Forest Addition area, located south of Dove Road and west of
Winding Creek Addition, established a limit of 40 homes in
exchange for Southlake serving 40 homes in the Lonesome Dove
area of far northwest Grapevine. This service was never used by
Grapevine because they subsequently constructed a sanitary
sewer network and new lift station in the area. Southlake has the
potential for 50 homes in the Simmons Forest Addition area under
its current zoning and this agreement will provide for that service.
Financial
Considerations: It is staff's opinion that this agreement is in the best interest of
citizens of Grapevine and Southlake as it will provide Southlake a
significant cost avoidance estimated in 2007 dollars at $ 605,000 as
well as annual maintenance cost of maintaining a lift station and
force main.
Citizen Input/
Board Review: None
Legal
Review: The City Attorney's office has reviewed the proposed interlocal
agreement.
Alternatives: The City Council may approve or deny this Agreement.
Supporting
Documents: Interlocal Agreement with Grapevine with Exhibits
Staff
Recommendation: Approve the interlocal agreement with the City of Grapevine for
provision of sanitary sewer services to the Simmons Service Area
for a period of 99 years.
Staff
Contact: Robert H. Price, P. E., Public Works Director
INTERLOCAL AGREEMENT FOR PROVISION OF SANITARY SEWER
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,
Andy Wambsganss.
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 parry asserting same), fire, drought, explosion, flood, or other natural
catastrophe.
3. "Grapevine" is the City of Grapevine, a home -rule municipality located in Tarrant
County, Texas.
4. " Southlake" is the City of Southlake, a home -rule municipality located in Tarrant and
Denton Counties, Texas.
5. "The Simmons Service Area" is that area approximately 72.8 acres in size, commonly
referred to as the Simmons Forest Addition, currently consisting of the area defined by Exhibit A
attached hereto.
B.
RECITALS
WHEREAS, Southlake has permitted development of the Simmons Service Area, and
desires to support and facilitate such development through the provision of essential municipal
utility services, including sanitary sewer collection facilities; and
WHEREAS, while Southlake has constructed or will construct the sanitary sewer
collection facilities within the Simmons Service Area, the Simmons Service Area flows naturally
into Grapevine, and Southlake currently does not have the facilities necessary to transport the
sanitary sewer discharge into Southlake's wastewater processing facilities; and
WHEREAS, Grapevine has the sanitary sewer facilities and wastewater processing
capacity to accept the flow from the Simmons Service Area; and
WHEREAS, Grapevine is willing to accept the flow from the Simmons Service Area on
the same terms as other customers of the Grapevine sanitary sewer system, and is currently
providing such service under a previous inter -local agreement dated September 15, 1998; and
WHEREAS, consideration for Grapevine providing such service would be provided by
the revenue generated from the fees for such service generated by the residential customers
located in the Simmons Service Area; and
WHEREAS, Chapter 791 of the Texas Government Code (the "Inter -local Cooperation
Act ") authorizes municipalities to enter into interlocal agreements for the providing of
governmental functions and services, including but not limited to, sanitary sewer collection
services; 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 Inter -local Cooperation
Agreement to provide for the continued provision of sanitary sewer services to the Simmons
Service Area, and the extension of such service to all of the lots in such area, under the terms and
conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing, and under 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 provide for the efficient provision of
sanitary sewer collection services by Grapevine to defined area per attached Exhibit "A"
located in the Simmons Service Area, not to exceed 50 residential lots, to which
Southlake cannot currently provide such sanitary sewer service due to a lack of sufficient
nearby collection lines. This Interlocal Agreement takes the place of the prior Agreement
between the two cities which is attached hereto as Exhibit B.
2. Term. The term of this Agreement shall be for ninety -nine years from the effective date
of this Agreement. The Agreement shall continue thereafter indefinitely 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
Page 2
terminate two years after the date such notice is given to the non - terminating parry, or
such earlier time as may be agreed by the parties.
I Grapevine Agreement to provide sanitary sewer service to Simmons Service Area.
a. Agreement to provide sanitary sewer collection service. During the term of
this Agreement, Grapevine agrees to accept the flow from the sanitary sewer
system for the Simmons Service Area, on the same terms and conditions that
Grapevine provides to its residents and other customers, except as provided
herein. The flow will be accepted by Grapevine at the Dove Lift Station No. 2.
b. Repair and monitoring responsibilities. Grapevine shall be responsible for
monitoring and repairing within a reasonable time any of the sanitary sewer
system facilities located in Grapevine ( Southlake has responsibility to maintain up
to where the sanitary sewer flow enters into the City of Grapevine Facility)
necessary to accept the flow from the sanitary sewer system for the Simmons
Service Area. Grapevine agrees to maintain the sanitary sewer system and
wastewater facilities located in Grapevine necessary to accept the sanitary sewer
flow from the Simmons Service Area so as to insure that quality standards
established by applicable ordinances, regulations, and statutes are met, and
Grapevine shall be liable to Southlake for any damages arising out of the
provision of the services described herein or the failure to provide such services
herein, provided, however, that 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, or as waiving any governmental immunity Grapevine is
accorded under applicable law, or waiving any damage limitations or caps
imposed by applicable law.
Southlake shall be responsible for monitoring and repairing within a reasonable
time any of the sanitary sewer system facilities located in Southlake necessary to
collect the sanitary sewer flow from the Simmons Service Area and discharge it
into Grapevine's sanitary sewer system facilities located in Grapevine. Southlake
agrees to maintain the sanitary sewer system facilities located in Southlake
necessary to collect the sanitary sewer flow from the Simmons Service Area and
deliver it to Grapevine so as to insure that quality standards established by
applicable ordinances, regulations, and statutes are met, and Southlake shall be
liable to Grapevine for any damages arising out of the provision of Southlake's
services described herein or the failure to provide such services herein, provided,
however, that nothing contained herein shall be construed as expanding
Southlake's liability under existing law, as imposing any greater duties on
Southlake than are otherwise imposed upon it as a municipal corporation under
applicable law, or as waiving any governmental immunity Southlake is accorded
Page 3
under applicable law, or waiving any damage limitations or caps imposed by
applicable law.
C. Charges for Sanitary Sewer Service. Southlake shall be charged for the
sanitary sewer service and shall pay to Grapevine all those charges applicable to
customers within the Grapevine corporate limits at the same rate charged to
customers within the Grapevine corporate limits. The rate shall apply to tap
charges, impact fees, service charges, consumption charges, deposits and all other
charges which a customer in Grapevine would be required to pay. Grapevine
shall notify the City of Southlake within a reasonable period of time (60 days)
upon a change to any of the requisite rates. Grapevine's failure to notify
Southlake does not relieve Southlake from the responsibility of paying for the
aforementioned services in accordance with the appropriate rate structure at the
time services are provided.
d. Billing and collection responsibilities. Southlake shall read the meters for the
lots located within the Simmons Service Area on a monthly basis, bill the account
holders in the Simmons Service Area 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 sanitary sewer services. Grapevine will then invoice Southlake for the
sanitary sewer portion only based upon Grapevine's rates, and Southlake will
promptly pay Grapevine the invoiced amount. Southlake will bear the
responsibility for collecting the amounts due from the account holders located
within the specified service area.
e. Impact Fees. New connections served by the City of Grapevine under this
agreement shall be charged the applicable Grapevine Wastewater Impact Fee in
effect at the time of the connection.
L Cooperation regarding repairs. Southlake and Grapevine agree to cooperate in
any efforts to repair the sanitary sewer facilities of either Southlake or Grapevine
serving the Simmons Service Area, including providing necessary equipment,
traffic control and barricades in the respective cities.
g. Funding. Each parry providing services under this agreement shall pay for those
services from current revenue available to that parry.
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.
Page 4
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,
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 parry 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 said governmental immunity to the 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.
Page 5
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
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, and 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. 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 parry.
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 parry will be rendered wholly or
partially unable to carry out its obligations under this Agreement after its effective date,
then such parry will give written notice of the particulars of such Force Majeure to the
other parry or parties within a reasonable time after the occurrence of such event. The
Page 6
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 parry 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
Page 7
EXECUTED this day of , 2008.
CITY OF GRAPEVINE
IM
Bruno Rumbelow, Grapevine City Manager
ATTEST:
Linda Huff, Grapevine City Secretary
APPROVED AS TO FORM AND LEGALITY:
John F. Boyle, Jr., Grapevine City Attorney
EXECUTED this day of 1 20
CITY OF SOUTHLAKE
IM
Shana Yelverton, Southlake City Manager
ATTEST:
Lori Payne, Southlake City Secretary
APPROVED AS TO FORM AND LEGALITY:
Tim G. Sralla, Southlake City Attorney
Page 8
�568 t ExhibiA Y�(
554
lb
1
556
5g� Q
-� D � L
� �,
558 p
00
b
58 dr✓� � 00
BRQ_O-kW -&bD L
N
92 LT1
594 5g6
L&
-% i \ � 00 LID
°� 6 '0 6 , .S.� P V, 01 ;� / co
�� \ /fir I 1 �, L
C) 606 1 --
ao
Co 6&0
8
o a� �.
°' �0 (s� ^' �� 586 C.
00
624 CD
�I
�0 626 8
(;r� 5� � 596 � o
o co
l 6p`b N ° o ' �� t
6 ro
CNI CD
i�0 co
N
ITT OF Simmons Sewer 2 - foot Contours
10' SOUTH LAKE :::::] Parcel Lines W +E
S ervice Area Map = 1 Adjacent City Parcel Lines S
Simmons Addn Drainage Area Scale - 1:4800
November 18 2008 Shaded Area - 72.8 Acres 1 inch= 400 feet
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICES
"This Interlocal Agreement for Sanitary Sewer Services (the "Agreement" ) is
made
and entered into by and between the City of Grapevine, Texas, a municipal cor o
located in Tarrant County, Texas, ( "Grapevine ") and the City of Southlake, Texas,
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 sanitary sewer service to land more
particularly described in Exhibits A and B and C; and
- WHEREAS, TEX, GOVT. CODE ANN. § 7'9 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, Grapevine has sufficient capacity in its treatment facility to
accommodate Southlake's request that the City of Grapevine provide sanitary sewer
service; and
WHEREAS, Southlake has sufficient capacity in its sanitary sewer facilities to
accommodate sewer service from Grapevine; 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 this
sanitary sewer service under the terms of this Agreement; and
WHEREAS, it would be to the benefit of both parties for Southlake to provide this
sanitary sewer service under the terms of this Agreement; and
WHEREAS, it is mutually advantageous to both parties to enter into this
Agreement.
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, Grapevine and Southlake hereby
contract, covenant, warrant and agree as follows:
1.
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 sanitary sewer service to Southlake as shown on
Exhibits A and B.
2, Southlake agrees to provide sanitary sewer service to Grapevine as shown on
Exhibit C.
3. Southlake agrees that only 40 Single Family Residential connections are to be
made and served by Grapevine's sewer facilities.
4. Grapevine agrees that only 40 Single Family Residential connections are to be
made and served by Southlake's sewer facilities.
5. Sbuthlake agrees that no additional facilities shall be connected without the prior
approval of the Grapevine City Council and a written amendment to this
Agreement.
6. Grapevine agrees that no additional facilities shall be connected without the prior
approval of the Southlake City Council and a written amendment to this
Agreement..
Ili.
CHARGES FOR SANITARY SEWER SERVICE
'l. Southlake shall be charged for the sanitary sewer service and shall pay to
Grapevine all those charges applicable to customers within the Grapevine
corporate limits at the same rate charged to customers within the Grapevine
corporate limits. The rate shall apply to tap charges, pro rata charges (if any)
services charges, consumption charges, deposits and all other charges which a
customer in Grapevine would be required to pay,
2. Grapevine shall be charged for the sanitary sewer service and shall pay to
Southlake all those charges applicable to customers within the Southlake
corporate limits at the same rate charged to customers within the Southlake
corporate limits. The rate shall apply to tap charges, pro rata charges (if any)
services charges, consumption charges, deposits and all other charges which a
customer in Southlake would be required to pay,
IV.
METER READING
Except as otherwise provided below, all meter readings to establish or verify the
flow of sewage from Southlake to Grapevine shall be made by the representatives of
Southlake., Consequently, all meter readings to establish or verify the flow of sewage
from Grapevine to Southlake shall be made by the representatives of Grapevine.
Sewer flow for each city shall be calculated from monthly meter readings provided to the
serving city on or before the 9 r' of each month.
Except as otherwise provided herein, Southlake and Grapevine shall each be
responsible for maintenance of the facilities within their respective boundaries:
V.
BILLING
1 . Grapevine shall bill Southlake directly for the sanitary sewer service provided
pursuant to this Agreement.
2. Southlake shall be responsible, at its own cost and expense, for billing individual
users of Grapevine's sanitary sewer system.
3" Southlake shall bill Grapevine directly for the sanitary sewer Service provided
pursuant to this Agreement.
4. Grapevine shall be responsible, at its own cost and expense, for billing individual
users of Southiake's sanitary sewer system.
VI.
REMEDIES
1. The serving city may discontinue the sanitary sewer service to the service
recipient city for any violation or breach by the provider of the terms of this
Agreement until the violation or breach has been cured to the satisfaction of the
serving city,
2. Grapevine and Southlake may discontinue the sanitary sewer service for any
violation by the service recipient city of the provisions of the serving city until the
violation has been cured to the satisfaction of the serving city.
3. Except for the failure to pay charges when due and payable, and except for any
violation by the service recipient city of any of the provisions, terms or conditions
of the service city's Code of Ordinances or any state or federal law relating to
industrial wastes, prior to discontinuing the sanitary sewer service, the service
city agrees to provide the service recipient city an opportunity to remedy the
violation to the service city's satisfaction within thirty (30) days of the date written
notice of the violation is mailed to the service recipient city. If the violation is the
failure to pay charges when due and payable, the service city may discontinue
sanitary sewer service immediately upon the occurrence of the violation until
payment is made. If the violation is a violation of a provision, term of condition of
the service city's Code of Ordinances or any state or federal law relating to
industrial wastes, prior to discontinuing sanitary sewer, the service city agrees to
provide the service recipient city an opportunity to remedy the violation to the
service city's satisfaction within such period of time as the service city 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 the
service city recipient.
4. In addition to discontinuance of the sanitary sewer service, the service city 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
the service city to pursue all legal and equitable remedies shall survive the
termination of this Agreement.
VII.
TERMS
This Agreement shall be for a term of ten (10) years commencing on the
15th day of September _ , 19 98
Vill.
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 76099
Attn, City Manager
TO SOUTHLAKE:
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Attn: City Manager
A change of address may be made by either party upon the giving of ten (90)
days prior written notice.
IX.
TERMINATION
Grapevine may terminate this Agreement prior to the end of the term upon any of
the following conditions'.
A. Grapevine has discontinued sanitary sewer service to Southlake on two
(2) or more occasions; or
B. Southlake has violated any of the provisions, terms or conditions of Article
11, Division 3, Chapter 25 of the Grapevine Code of Ordinances or any
state or federal law relating to industrial wastes 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's principle responsibility is to provide sanitary sewer service to
its residents and property owners. In the event the City Council 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, Grapevine reserves the right to terminate
this Agreement by giving written notice to Southlake at least thirty (30)
days in advance of the termination.
2. Southlake may terminate this Agreement prior to the end of the term upon any of
the following conditions:
A., Southlake has discontinued sanitary sewer service to Grapevine on two
(2) or more occasions; or
B, Grapevine has violated any of the provisions, terms or conditions of the
Southlake Code of Ordinances or any state or federal law relating to
industrial wastes which violation has not been cured to the satisfaction of
Southlake within such period of time as Southlake 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
Grapevine.
C, Southlake`s principle responsibility is to provide sanitary sewer service to
its residents and property owners. In the event the City Council of
Southlake 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, Southlake reserves the right to terminate
this Agreement by giving written notice to Grapevine at least thirty (30)
days in advance of the termination.
3. The parties may terminate this Agreement at any time by mutual written consent.
4, Upon the termination of this Agreement, each party shall have the absolute right
to terminate and discontinue the sanitary sewer service to the other party and
shall be entitled to take any and all action necessary to effectuate the termination
and discontinuation of sanitary sewer service,
X.
MISCELLANEOUS PROVISIONS
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 supersedes 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 be 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
one 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. The obligations and undertakings of each of the parties to this Agreement are
and shall be performable in Tarrant County, Texan
Mayor, City of Grapevine
Date
City Secretary
City of Grapevine
(A�
Mayor, eity of Southlake
Date
Ctty Secretary 1. ..
City of Southlake
4tdp=AA' /�--'/�W m I -,
Date Date
APPROVED BY COUNCIL.:
y i
t _ irrrwrNi
f; ��� rrEw�rw�ErErEEEii ius
�� �' u�i ■iE�Er■EE�E�
1 � M
� • .� ►111, �� - '��
H
C1i]EEf�TIl� T►•�
GRAPEVINE CONNECTION
SERVICE AREA
vor A.
ca
a
La
L3
a
Q
+- 7.
V!7 s 2 C3
o,
i
. H
i
u
y
� Gt•
N °
Fti.�
b p
3
0
O
O
t aO •.' • x.':.... ..
I 7
11 U ff '
tub
w... .........^...,.
C
LLJ
rq
Do
.. .. Ira °�7ar•� � � ... ° - �:Y::�1
�.., ,� =.,•� .. .7 L7 ! ,• ta%'p�7f, C7 [t liri7, �
/p =-Ulfl t,l,fu 9j"1ryY,u,i[7s•3TlS � d _ ''' W X = i
�� •,rrL AI.ri,Y rYi 7 ~ '� f•I'a'a r P 1 , d- it a•v R
r [ lE tM7•tli -3 3 lirhwrtl rP ^In F41 7C Gm F C Z
t !V II+C y.•, �` •, 14 IM1 + ! `� _ E •�I
!t iooi. - is sr.L•," ^ _ f' 7:
y ''r .y .,.•' f s s
, ( } jw , L� ' , 9 J �... • i s � t1k37! 1 1�"L7y r:t [m �,� �� � � C`
1 � � .. , �.., +' +� ai � n '��'E — ` � �. 7ti �.Mg „un � 14 : �'S• 4�ti
k irtt
�( + •C � 4 ` \.i ., t}i ( 8 % .E .a# '��n GjG n �'s :i"15ri "(. - '"'" ...0
�� S a serr7 t • �na7 Y3Y +� l � rt o .�i YellsS '" C
► mm�>n„ � gg :..} r1 1 y a.,. _'rc irsn � ' a —�— 3 w n[aa � �� ::7T:.'
T`-'L1 •f,. -`c it(4�i,_ _ - Y 7 r '���y �, �,,. °» * O .jE•� n M>�rr; ;Rw v S �' ��..
_ 77ix,
fl
ce
i ea T'�nisytr. J- dt)O +^ lua- !�f M3A 0� _-ntli r +. r3
ti
S•s-`-r - °
�° � E-v '...p p 2 .. _• Ii�i7a7 ]w v- 11t-41 ..
A"^,
i
✓ r 4 i ■ rs R Y ]ra[wnS.'% X .r tt•,ar+. Sri -L: °
aT =w:rQ! ! i4 n ^Y
I `�� �'��Y t I F •� y,�' tir/ it � `� � i117Y ��Y 4�>: � r� �,• a A+7", m1 t I
- er Taet+nr'r� ----- "• t...•:..�ad [;, ii y;+ S' >� E llrtr
>• :' •• _ +i •• � �_ Al alt? =
a 7 � \ y .s n�tz � -' n axti +` _ r •v , el,� 4� - : s � 4 y Y ,• i er �� 1� t� c.+:i :r: r:Cu,
(J R • R +FIr ° R ��4� •? 7 �.•+� �,�r� •? .4£
I � �� r, •1[+73Yi p Y � � lr � w ly ir�`��+.7 4�[ s r W i7a�t � '"- ii'anr •'.
7 �5 -
:�:ii
q
*arxn S 7 ° "' �., » a - �•z Y.1L� '"�'�:
•f 1 � � '7'� � i thsi }Qt E 3 T / a' \. 4 � .,
21 7iuy, 5 `
17Y
to
II •a :s sltrin.n[ L
p21'117iSW1H (34 I - 119m)
. fut:¢t 3 � I�
u` ms s° � 5
tay u
ilAafY CA) r
A 7i
'a r ] +aa:aoS7 wS i I
a
1,0
•. € I
h. is