RE 2022-1213.1 ILA: City of LewisvilleTM 132703 1
RESOLUTION NO. 2022-1213.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
INTERLOCAL AGREEMENT FOR EMERGENCY TREATED WATER
SUPPLY BY AND BETWEEN THE CITY OF COPPELL AND THE CITY
OF LEWISVILLE, ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “A”; AUTHORIZING ITS EXECUTION BY THE
CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Lewisville and the City of Coppell from time-to-time, due to
equipment and system failures, have the need of an emergency supply of water; and
WHEREAS, both cities desire to enter into an agreement to provide reciprocal terms
and conditions for an emergency supply of water in advance of actual needs; and
WHEREAS, upon full review and consideration of the Agreement, and all matters
related thereto, the City Council is of the opinion and finds that the terms and conditions thereof
should be approved, and that the Mayor should be authorized to execute the Agreement on behalf
of the City of Coppell, Texas;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the City of Coppell hereby approves that the City Council of the City of
Coppell, Texas hereby approves the terms and conditions of the Interlocal Agreement for
Emergency Treated Water supply between the City of Coppell and the City of Lewisville, a copy of
which is attached hereto and incorporated herein as Exhibit “A” and that the Mayor is hereby
authorized to execute the said agreement.
SECTION 2. That this Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell,
Texas, on this the 13th day of December, 2022.
3
Exhibit “A”
Interlocal Agreement with Lewisville
(to be attached)
THE STATE OF TEXAS § INTERLOCAL
§ AGREEMENT FOR EMERGENCY
§ TREATED WATER SUPPLY
§ BETWEEN COPPELL AND
COUNTY OF DENTON § LEWISVILLE
This Interlocal Cooperation Agreement (“Agreement”) is made and entered into this
_________day of ______________ 2022 by and between the City of Lewisville, hereinafter called
“Lewisville,” and the City of Coppell (“Coppell”) acting by and through their authorized
representatives. Lewisville and Coppell are sometimes referred to individually as a “Party” and
collectively as the “Parties”.
W I T N E S S E T H:
WHEREAS, Lewisville and Coppell are political subdivisions within the state of Texas,
and each is engaged in the provision of governmental services for the benefit of its citizens; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, (the
“Act”) provides authorization for local governments to enter into interlocal cooperation
agreements with each other for the purpose of performing governmental functions and services
as set forth in the Act; and
WHEREAS, Lewisville and Coppell from time-to-time, due to equipment and system
failures, have need for an emergency supply of water; and
WHEREAS, it is to the mutual advantage of Lewisville and Coppell to provide reciprocal
terms and conditions for an emergency supply of water in advance of actual needs; and
WHEREAS, this Agreement has been authorized by the governing bodies of both
Lewisville and Coppell.
NOW, THEREFORE, Lewisville and Coppell, in consideration of the terms, covenants,
and conditions herein contained, hereby agree as follows:
I. ADMINISTRATION.
For purposes of this Agreement, Lewisville shall be represented by its City Manager or
his/her designated representative, and Coppell shall be represented by its City Manager, or
his/her designated representative.
II. CONDITIONS OF SUPPLY.
Lewisville and Coppell hereby mutually agree that the intent of this Agreement is to
provide a temporary emergency supply of treated water when such supply is required due to
equipment or facility failures, or events beyond the control of one of the Parties. Emergency
connections or supply will not be made for the purpose of compensating for system deficiencies.
Availability of emergency supply will be on a capacity available basis not to cause undue
limitations or interference with Lewisville or Coppell water system(s).
III. REPAYMENT OF EMERGENCY TREATED WATER SUPPLY/EMERGENCY
SERVICES.
The Party receiving an emergency supply of treated water shall be required to make
monetary compensation at the same rate of the supplying Party’s lowest commodity (volume)
rate per 1000 gallons. No minimum bill shall be assessed. Compensation shall be made from the
current revenues of the Party receiving an emergency supply of treated water.
IV. COST RESPONSIBILITY FOR EMERGENCY CONNECTION
FACILITIES/SERVICES.
A. The term “Cost” as used throughout this Agreement shall mean the direct and
indirect cost of all material, equipment and labor unless otherwise specified.
B. The Costs incurred for designing and constructing the metering vaults as shown
in Exhibit A (“New Metering Vaults”) will be paid by Coppell.
C. Unless agreed otherwise, the Costs for refurbishing or maintenance work inside
the New Metering Vaults shall be paid by Coppell.
V. NOTIFICATION REQUIREMENT.
A. Requests for emergency treated water supply shall be made to and from the
following staff members:
For City of Lewisville: For City of Coppell:
Director of Public Services Director of Public Works
151 W Church Street 265 Parkway Blvd
Lewisville, TX 75057 Coppell, TX 75019
It is anticipated that notification will, due to emergency conditions, be verbal. However,
the request for services and the conditions of the emergency shall be confirmed in writing within
five (5) business days.
B. The Party requiring emergency treated water supply shall be responsible for
notifying the supplying Party of the need for emergency treated water supply.
C. Upon receipt of request for emergency treated water, and if supply is available and
a representative of Lewisville is present, Coppell shall be responsible for:
1. Setting of the meter or repositioning of the meter; and
2. Conducting joint reads at the beginning of emergency and at end.
VI. TITLE TO AND LOCATION OF FACILITIES.
A. The location of the New Metering Vaults shall be as shown in Exhibit A, and
further described as near the intersections of:
1. Denton Tap Road and Highland Drive; and
2. MacArthur Boulevard and Lake Vista Drive
B. The New Metering Vaults shall be owned by Coppell.
VII. MAINTENANCE RESPONSIBILITY.
Lewisville shall have access to the New Metering Vaults for routine periodic inspection.
Costs for maintenance, major repairs or rehabilitation of the New Metering Vaults shall be the
responsibility of Coppell. Coppell will have the option of providing maintenance, repair, or
rehabilitation of the New Metering Vaults through direct performance of work with city forces
or through contract services; except that, Coppell shall coordinate with Lewisville prior to any
such maintenance, repair, or rehabilitation. All property disturbed in execution of maintenance,
repair, or rehabilitation activity shall be restored to pre-existing condition or better.
VIII. ACCESS AND RIGHT-OF-WAY.
Lewisville and Coppell agree to furnish any rights-of-way necessary within or outside of
their boundaries for construction of the New Metering Vaults. Lewisville and Coppell agree to
provide unlimited access to the New Metering Vaults as is necessary to maintain such vaults or
operate the vaults during the period of emergency; except that, notice must be provided to the
other Party prior to any such maintenance or operation.
IX. CLAIMS OF LIABILITY BETWEEN THE PARTIES.
Insofar as the services contemplated hereunder are performed by either Lewisville or
Coppell within the jurisdiction of the other Party, and to that extent only, Lewisville and Coppell
hereby mutually release the other Party from all claims of liability for damage to property (real
or personal) or persons arising directly or indirectly from the performance of any of the services
and activities provided for hereunder.
X. TERMINATION OR MODIFICATION.
This Agreement is to remain in force for twenty-five (25) years from the date of execution,
unless extended or terminated by mutual agreement of the parties hereto.
XI. NOTICES.
Any notices required to be given herein shall be deemed to have been sufficiently given
to either Party for all purposes hereof if mailed by certified mail, postage prepaid, addressed as
follows:
To Lewisville To Coppell
City of Lewisville City of Coppell
Office of the City Manager Office of the City Manager
151 West Church Street 255 Parkway Blvd
Lewisville, Texas 75057 Coppell, Texas 75056
Alternatively, notice may be given to such other respective address as the Parties may
designate from time-to-time in writing in accordance with this notice provision.
IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective
governing bodies have caused this Agreement to be duly executed in several counterparts, each
of which shall constitute an original, this __________________day of _________________,
2022.
City of Lewisville City of Coppell
_________________________ _________________________
Mayor Mayor
Attest: Attest:
_________________________ _________________________
City Secretary City Secretary
Approved as to Form: Approved as to Form:
_________________________ _________________________
City Attorney City Attorney
EXHIBIT A – METER VAULT LOCATION MAP