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Item 4B Item 4B M E M O R A N D U M (May 5, 2015) To:Shana Yelverton, City Manager From:Robert H. Price, P.E., DirectorofPublic Works Subject: Approve Interlocal Agreement with the Town of Westlakefor the delivery of waste water from the Southlake Meadows Subdivision. Action Requested: Approve Interlocal Agreement with the Town of Westlake for the delivery of waste water from the Southlake Meadows Subdivision. Background Information: The City of Southlake has existing interlocal agreements with Keller, Westlake, and Grapevine to provide utility services for the mutual benefit of both parties to these agreements. The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code allows city governments to contract with one another forvarious governmental functions. 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-1sewer main. Through that agreement, Westlake purchased capacity in aportion of the main but not ownershipof the main. In 1999 a secondinterlocal agreement providedforthe connection of the Glenwyck Farms Addition through an area sewer meterandestablished rates forSouthlake to recover the cost for waste water treatment.Thepurpose of the agreementpresented today is to provide a means for Southlake to bill for unmetered sewer connections to the N-1 sewer main in Westlake. It also acknowledges Westlake’s approval fora portion of the waste water from the Southlake Meadows Subdivision toflow through the Terra Bella Subdivision in Westlake before entering the N-1 main.An area map is included. Financial Considerations: This interlocal agreement updates the method Southlake uses to recover the cost ofwastewater treatment. Strategic Link: The approval of the Interlocal Agreement linksto the city’s strategy map relative to focus area of Partnerships&Volunteerism. The Item 4B specific corporate objectivethat ismet by theagreementis to collaborate with select partners to implement service solutions. Citizen Input/ Board Review: None Legal Review: City attorney reviewed theInterlocal Agreement. Alternatives: The City Council may denyor approvethis Interlocal Agreement. Supporting Documents: AreaMap Town of WestlakeInterlocal Agreement2015 Town of Westlake Interlocal Agreement 1995 Town of Westlake Interlocal Agreement 1999 Staff Recommendation: Approve Interlocal Agreement with the Town of Westlake for the delivery of waste water from the Southlake Meadows Subdivision. Staff Contact Robert H. Price, P.E., Public Works Director : Chuck Kendrick, Deputy Director of Public Works –Operations Item 4B INTERLOCAL AGREEMENT FOR THEPROVISIONS OF SANITARY SEWER SERVICES CONNECTED TO THE N-1 SANITARY SEWER COLLECTOR MAIN IN THETOWN OF WESTLAKE STATE OF TEXAS£ £ COUNTY OF TARRANT£ THIS AGREEMENT is made and entered into by and between the City of Southlake, Texas,a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Southlake''), and the Town of Westlake, Texas, aType A general law municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Westlake"). 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, andutility services; and WHEREAS , Westlake and Southlake desire to provide sanitary sewer service to thecitizens of the respective cities by not duplicating services;and WHEREAS ,pursuant to a prior interlocal agreement dated August 29, 1995 (the “1995 Agreement”), Southlake and Westlakecurrently share capacity in aportion of Southlake’ssanitary sewer collector main located within the N-1drainage basin(the“N- 1 collector main”)depicted on Exhibit “A”attached hereto;and WHEREAS , pursuant to another interlocal agreement between the cities dated August 6, 1999 (the “1999 Agreement”), after two years from the date Glenwyck Farms N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 1 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 ,Westlakehas constructed sanitary sewer facilities to serve the GlenwyckFarms,Vaquero, Granada, and Terra Bellasubdivisionslocated in the city limits of Westlake and within the N-1drainage 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 Terra Bella subdivision arenot measured by area wastewater meters prior to the pointsof connection to the N-1collector main; and WHEREAS , Westlake has agreed that a portion of thewastewater 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 ,Westlakeand Southlake mutually desire to be subject to the provisions of the lnterlocal Cooperation Act and other applicable statutes and contract pursuant thereto. NOW, THEREFORE , for the mutual consideration herein stated, Westlakeand Southlake agree as follows: 1 Sewer Service Charge All utility customerswithin the city limits ofWestlake who are served by sewer N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 2 collection systems connected tothe N-1 collector main that are not metered through an area meter(the “N-1 utility customers”) shall be charged a sewer service charge as provided herein.Westlake shall provide Southlake a copyofthe Westlake utility bill for each utility customer connected the N-1sewer main not later than 10 days following the date that those bills are mailed to Westlake customers. Southlake will in turn bill Westlake for sewer treatment for the total amount of water billed to those utility customers. The rate charged to Westlake N-1 utilitycustomersshall be twice the rate Southlake is required to pay TRA for wastewater treatment for Southlake utility customers in the Denton Creek System.This section shall apply to all properties in Westlake that are served by the N-1 collector mainNOTmeasured through an area meter (i.e. Terra Bellasubdivision). This agreement does not alter the 1995 Agreement or the 1999 Agreement between Southlake and Westlake for billing wastewater flow through the area meter serving the Glenwyck Farms, Vaquero and Granada subdivisions. 2 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-1drainage basin located within Westlake. Forpurposes of this Agreement, "normal domestic wastewater" shall mean wastewater excluding industrial wastewater andany commercial wastewater which would require pretreatment by TRA unless that wastewateris adequately pretreated to meet TRA's requirements. Westlakeagrees to take all reasonable and necessary steps to prevent industrial wastewater and commercial wastewater which would require pretreatment by TRA N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 3 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. 3 Billing Westlake shall provide to Southlake copies of utility billsfor each active N-1utility customer each month within 10 days of the date Westlake bills those customers for utility service. Southlake will invoice Westlake for wastewater treatment as described in Section 1. Payment shall be due to Southlake no later than 30days of the invoice date. In addition, Westlake agrees to pay Southlake for all wastewater service to N-1 utility customersthat was incurred before the effective date of this Agreement, within ninety (90) days of the effective date of this Agreement. 4 Rates and Bills Southlake shall notify Westlake whenever there is a change in the rateTRA charges for sewer treatment. 5 Other Service Area The cities agree that no service areas or individual sanitary sewer services from properties that are outside theN-1 drainage basin shall be allowed to be connected to the N-1 collection main without the written consent of both cities. Therefore, Westlake cannot add areas or customers outside of the N-1drainage basin as shown on Exhibit "A" and as recorded on Southlake’s SewerSystem Master Plan. 6 N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 4 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 causeof action is filed by either party arising out of the terms of this Agreement, the exclusive venue for said lawsuit shall be in Tarrant County, Texas. 7 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. 8 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. 9 Term and Termination of Agreement This Agreement shall continue so long as wastewater flow from anysubdivision in the city limits ofWestlakeflows 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 N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 5 herein. 10 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 City’s facilities described herein. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat superior shall not apply between the cities. N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 6 11 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: Shana Yelverton, City Manager 1400 Main Street, Suite 460 Southlake, Texas76092 Telephone: (817) 748-8400 Facsimile: (817) 748-8010 and to: City of Southlake Attn: Director of Public Works 1400 Main Street, Suite 320 Southlake, Texas76092 Telephone: (817) 748-8400 Facsimile: (817) 748-8077 If to Westlake: Town ofWestlake Attn:Thomas Brymer,Town Manager 3 Vilage Circle, Suite 202 Westlake, Texas76262 Telephone: (817) 743-4002 Facsimile: (817) 743-4190 and to: Town ofWestlake Attn: Director of Public Works 3 Village Circle, Suite 202 Westlake, Texas 76244-0770 Telephone: (817)743-4080 Facsimile: (817) 743-4195 or to such other addresses as may be provided for in writing from time to time. N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 7 12 Other agreements unaffected This Agreement shall govern the provision of wastewater service to the unmetered subdivisionswithin the City ofWestlake. All other interlocal agreements between Southlake and Westlakeshall continue in effect and shall remain unaffected by this Agreement. 13 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, 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 the city councils of each City, and the cities do hereby invoke said governmental immunity to the extent possible under the law. 14 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 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 connected to the N-1 collection main, regardless of whethersuch persons are provided wastewater services under this Agreement. N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 8 15 Payment for Services Each party paying for the performanceof governmental functions or services hereunder shall make those payments from current revenues available to the paying party. 16 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. 17 Amendment This Agreement may only be amended, altered, or revoked by written instrument signed by both parties. 18 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. 19 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. N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 9 20 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 theparticulars 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. 21 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. 22 Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 10 CITY OF SOUTHLAKE __________________________ Date __________________________ John Terrell, Mayor ATTEST: __________________________ City Secretary Approved as to form and Legality ___________________________ SouthlakeAttorney TOWN OF WESTLAKE __________________________ Date __________________________ Laura Wheat, Mayor ATTEST: __________________________ City Secretary Approved as to form and Legality ___________________________ WestlakeAttorney N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 11 Exhibit A N:\\00-New N Drive\\Meetings\\City Council\\2015 Agendas\\05-05-2015\\Item 4B -ILA with Westlake for Sanitary Sewer\\Westlake Sewer Service -ILA (final).docx(04/03/15)Page 12