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Home My WebLink AboutResolution 1996-046 RESOLUTION NO. 96-46 Be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The Mayor be, and is hereby authorized to execute the attached Interlocal Agreement with the City of Colleyville concerning an emergency metered water connection on Precinct Line Road north of Shady Grove Road and south of Davis Boulevard on behalf of the City of North Richland Hills. Passed and approved this the 8th day of July, 1996. h. ATTEST: ~} '., {(",I(,.. ( ~" / '-iL-\"", \, .....:w.: f\..... Patricia Hutson, City Secretary APPROVED AS TO FOBM AND LEGALITY: 1/--) ~. '-/::...._-- 0- /, ~'/ pC //7 t":; iX j/::!/ / .,/ / >;/I/"[/'l__,) i/-"v L,/l/V Rèx McEntire, Attorney for the City o.:-~ ~ NORTH RICHLAND HILLS - COLLEYVILLE WATER CONTRACT STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of Colleyville desires to purchase water from the City of North Richland Hills during an emergency condition and the City of North Richland Hills is willing to supply a limited amount of water to the City of Colleyville; and WHEREAS, the City of North Richland Hills desires to purchase water from the City of Colleyville during an emergency situation and the City of Colleyville is willing to supply a limited amount of water the City of North Richland Hills; and WHEREAS, the City of Fort Worth, supplier to the City of North Richland Hills, and the Trinity River Authority supplier to both the Cities of North Richland Hills and Colleyville have approved the sale of water to Colleyville by North Richland Hills and to North Richland Hills by Colleyville, and each City has determined that it is able to provide approximately one million (1,000,000) gallons of water per day to the other; NOW, THEREFORE, WITNESSETH 1. Water may be supplied to Colleyville or North Richland Hills as a result of an emergency situation. Prior to Colleyville or North Richland Hills taking water under an emergency situation, the Director of Public Works of the respective City shall be notified and, if water is available, approval granted. The determination of the extent to which water is available shall be in the sole discretion of the Director of Public Works. Written notification of use and confirmation of the emergency shall be given to Fort Worth and the Trinity River Authority by North Richland Hills within two (2) working days after the initial use of water. The use of water as a result of an emergency situation shall not extend more than seven (7) calendar days without prior written approval of the Director of Public Works. 2. In an emergency condition initiated by Colleyville or North Richland Hills, a 6 inch turbine meter vault to be located on the North and East side of Precinct Line Road between West Murphy Drive and Davis Boulevard will create the metered interconnection between the 12-inch City of North Richland Hills water main and the 8-inch City of Colleyville water main. Each city will pay one-half the cost of the initial metering station installation. 3. The City of North Richland Hills agrees to sell water to the City of Colleyville and the City of Colleyville agrees to sell water to the City of North Richland Hills to be taken at the location described above. Page 1 of 4 nrhcollv.cnt 4. The City of Colleyville agrees to pay North Richland Hills for such water at current rates as charged by North Richland Hills to its commercial account customers. Additionally, Colleyville agrees that should the City of North Richland Hills incur surcharges from the City of Fort Worth for excessive maximum day demand and maximum hour demand, the City of Colleyville will reimburse the City of North Richland Hills it's Proportionate share for such surcharge. The City of North Rich/and Hills agrees to give telephone notice to Colleyville to the best of its ability prior to imposition of any maximum surcharge so that Colleyville may choose to discontinue service rather than possibly incur payment of the surcharge penalty by Fort Worth. Such telephone notice shall be from the North Richland Hills City Manager or Director of Public Works and should be made to the Colleyville City Manager or the Colleyville Director of Public Works. 5. The City of North Richland Hills agrees to pay Colleyville for such water at current rates as charged by Colleyville to its commercial account customers. At this time, the Trinity River Authority does not impose surcharges on the City of Colleyville; however, if surcharges are imposed on the City of Colleyville at a future time, the City of North Richland Hills will reimburse the City of Colleyville it's proportionate share for such surcharges. 6. The City of Colleyville and the City of North Richland Hills recognize that either City's first obligation is to water customers within its own city limits and that either City may, if necessary to maintain adequate pressure, volume, or reserves for firefighting, reduce or discontinue water supply to the receiving City at any time, after proper notification by telephone to the City Manager or Director of Public Works. Notwithstanding any provision herein to the contrary, it is the intention of North Richland Hills and Colleyville that neither party violate any of the covenants or conditions of their contract with their respective water suppliers. In the event the compliance with any provision in this contract by either Colleyville or North Richland Hills would constitute a violation of their contract with their water supplier, then that provision shall be deemed void and of no effect. 7. The City of Colleyville hereby indemnifies and agrees to hold the City of North Richland Hills, its agents, officers or employees harmless from any and all damages, actions, and losses of life or property resulting from any failure of North Richland Hills to supply water or from any quality or quantity of water supplied by the City of North Richland Hills to the City of Colleyville under the provisions of this contract. 8. The City of North Richland Hills hereby indemnifies and agrees to hold the City of Colleyville, its agents, officers or employees harmless from any and all damages, actions, and losses of life, or property resulting from any failure of Colleyville to supply water or from any quality or quantity of water supplied by the City of Colleyville to the City of North Richland Hills under the provisions of this contract. The indemnification and hold harmless provisions above are not intended to and shall not be deemed to be a waiver of any sovereign immunity of Colleyville or North Richland Hills. The provisions for indemnity and holding the other party harmless relate only to the obligations of Colleyville and North Richland Hills to each other and are not intended and shall not be construed to benefit any third party. Page 2 of 4 nrhcollv.cnt 9. Either party may test the metering system for the water supplied under this contract at the requesting City's cost. 10. Colleyville shall not be entitled to and nothing contained herein shall be construed so as to require North Richland Hills to provide water to Colleyville during times when Fort Worth or North Richland Hills has rationed water throughout its corporate limits or has issued water conservation measures or restricted the use of water in any way. Further, the use of water by Colleyville shall not be detrimental to North Richland Hills or Fort Worth. If, in the sole discretion of the North Richland Hills Director of Public Works, the use of water by Colleyville is detrimental to Fort Worth or North Richland Hills, Colleyville shall reduce the use of water furnished hereunder in the manner determined by the North Richland Hills Director of Public Works, or shall cease withdrawing water from the North Richland Hills water distribution system. 11. North Richland Hills shall not be entitled to and nothing contained herein shall be construed so as to require Colleyville to provide water to North Richland Hills during times when the Trinity River Authority or Colleyville has rationed water throughout its corporate limits or has issued water conservation measures or restricted the use of water in any way. Further, the use of water by North Richland Hills shall not be detrimental to Colleyville or the Trinity River Authority. If, in the sole discretion of the Colleyville Director of Public Works, the use of water by North Richland Hills is detrimental to Colleyville or the Trinity River Authority, North Richland Hills shall reduce the use of water furnished hereunder in the manner determined by the Colleyville Director of Public Works, or shall cease withdrawing water from the Colleyville water distribution system. 12. This contract may be canceled by either party with thirty (30) days written notice by certified mail return receipt requested and addressed to the City Manger of the appropriate City. Neither party shall be liable to the other for any such cancellation save and except for payment for water used prior to the date of cancellation. Page 3 of 4 nrhcollv.cnt Signed this 'l day of ,1J¡/ ð \/ ,1996 CITY OF NORTH RICHLAND HILLS ATTEST: BY~ ~('l< ,~ my BrO\~YOr " o· _})/./ /7 1(7 ~ ti fI¿¿~ l_ / LU/ ¿. L.>(, Patricia Hutson, City Secretary Rex M ntire, Attorney for the City Signed this 22,>-4 day of J¡.tly , 1996 :~TYðE2:- '" Ed Baker, Mayor APPROVED AS TO FORM AND LEGALITY: Ross Foster, City Attorney Page 4 of 4 nrhcollvcnt