Number 37AGENDA REQUEST FORM THE . ` ' T Y F DEPT: Engineering
COPP ELL DATE: January 22, 2008
T o
ITEM #: 9/C
WORK SESSION a CONSENT REGULAR
ITEM TYPE: CONTRACT /BID or PROPOSAL
ITEM CAPTION:
Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to
satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign.
GOAL(S):
.ECUTIVE SUMMARY:
The Interlocal Agreement proposed in this item is a companion request to the Storm Water Management Plan also on
tonight's agenda. Approval will allow the City and the Northwest Dallas County Flood Control District to produce one
plan that encompasses shared goals and control measures, resulting in a savings of time and effort for both entities.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
Staff recommends approval of the Interlocal Agreement.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Tunnell
S - Peters
Vote - 7 -0
'* Libby Ball
2008oe .81.23
11:0837
C)
#ILA for NW Dallas Co FCD
T H E C 1 T Y O F
COPPELL
X A S l 8
MEMORANDUM
TO: Mayor and City Council
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: January 22, 2008
REF: Consider approval of an Interlocal Agreement between the City and Northwest
Dallas County Flood Control District to satisfy the requirements of TCEQ Phase
II Storm Water discharge compliance; and authorizing the Mayor to sign.
This agenda item corresponds to the approval of the Storm Water Management Plan (SWMP)
also before you this evening. Both the City of Coppell and the Northwest Dallas County Flood
Control District are obligated to adopt a SWMP under the TCEQ requirements. The TCEQ
regulations and our SWMP require both the City and the NDCFCD to provide certain
informational and participatory programs for residents of the City or the District. The plan
requires the City or District to adopt ordinances aimed at detecting illicit discharges to the storm
water collection system. The plan also addresses storm water runoff from development both
during and after construction. Lastly, the plan addresses pollution prevention from ongoing
municipal operations.
In September 2007 the City was contacted by Nathan D. Maier Consulting Engineers, Inc. on
behalf of the NDCFCD with the suggestion of partnering on the completion of our SWMP. At
that time we had already secured the consulting services of Mehta West Brashear Group, so we
declined the invitation to meet. The City was approached again on the same subject in late
November and agreed to meet with a representative of the NDCFCD board and his engineer
from Nathan D. Maier.
The NDCFCD was of the opinion that since their boundary lies wholly within the City of
Coppell that the requirements of the permit would be the same within their boundary for both the
District and the City. In other words the residents would receive the same public notifications
from both entities. However, if we were to produce one plan with one set of shared goals in
partnership there would be a savings of time and effort.
Under this agreement we will produce one joint Storm Water Management Plan, and the City of
Coppell will be responsible for the following minimum control measures:
1. Public Education and Outreach
2. Public Involvement /Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Controls
5. Post - Construction Storm Water Management for New
Development /Redevelopment
Under this agreement each entity will be responsible for filing its own forms, applications,
reports, and any associated papers with the TCEQ to ensure compliance with any and all
regulations related to the joint plan. We will also each be responsible for the sixth minimum
control measure which deals with Pollution Prevention/Good Housekeeping for Municipal
Operations.
Staff recommends approval of this Interlocal Agreement. The Board of the NDCFCD will be
meeting tomorrow night to consider this same item. Staff will be available to answer any
questions at the Council meeting.
TI,
STATE OF TEXAS §
§ INTERLOCAL
AGREEMENT
COUNTY OF DALLAS §
"Phis Interlocal Agreement ( "AGREEMENT ") for the joint submission of a Storm Water
Management Plan to satisfy the requirements of the permit application to the Texas
Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal
storm water discharges to waters of the U.S. (hereafter referred to as the "PLAN ") is
made and entered into by and between the City of Coppell, Texas, a municipal
corporation located in Dallas County, Texas ( "CITY "), and the Northwest Dallas
County Flood Control District as created by the Texas Legislature (H. B. 2390, Act 69`f'
Legislature, Regular Session, 1985) (hereafter referred to as the "DISTRICT ").
WHEREAS, the CITY and the DISTRICT mutually desire to enter into an
AGREEMENT to partner with each other in the joint submission of a Storm Water
Management Plan to the TCEQ for compliance with Phase II requirements of Section
402(p) of the Clean Water Act; and
WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the
"ACT "), provides authorization for Local Governments to contract with each other for
functions in which both entities are mutually interested; and
WHEREAS, by definition in Chapter 791, Texas Government Code, the CITY
and the DISTRICT are both defined as Local Governments; and
Whereas it has been determined that approval of this AGREEMENT will be
mutually advantageous to the CITY and the DISTRICT; and
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, the CITY and the DISTRICT hereby
contract, covenant, warrant and agree as follows:
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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 the AGREEMENT as though fully
set forth in their entirety herein.
11
OBLIGATIONS OF THE PARTIES
2.01 The CITY and the DISTRICT have independently contracted and paid
for Engineering Services related to the preparation of the Storm Water Management Plan.
The CITY and the DISTRICT agree to a joint submission of a Storm Water
Management Plan to the TCEQ in compliance with the Phase II requirements as noted
above.
2.02 "The CITY and the DISTRICT agree that services related to the
inspection and maintenance of District -owned facilities within the DISTRICT
boundaries will continue to be the financial responsibility of the DISTRICT.
2.03 The CITY and the DISTRICT agree that the CITY will perform
the required portions of the Storm Water Management Plan in regards to the minimum
control measures:
1. Public Education and Outreach
2. Public Involvement /Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Controls
5. Post Construction Storm Water Management for New
Development/Redevelopment
2.04 The CITY and the DISTRICT agree that each respective entity
will be responsible within their area of involvement for minimum control measure 6,
Pollution Prevention/Good Housekeeping for Municipal Operations.
2.05 The CITY and the DISTRICT agree that the DISTRICT will
provide detailed information on activities within the DISTRICT boundaries to the CITY
as needed so that the CITY may complete its annual report to the TCEQ.
2.06 The CITY and the DISTRICT agree that each respective entity
will be responsible for record keeping, and submittal of any and all required forms and
notifications to the TCEQ under the terms of their permit, or as required by the Storm
Water Management Plan
III
INDEMNIFICATION AND HOLD HARMLESS
3.01 THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY
HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING
FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER
MANAGEMENT PLAN.
3.02 THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT
HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING
FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER
MANAGEMENT PLAN,
3.03 HOWEVER— THE INDEMNIFICATION AND HOLD HARMLESS
CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY
SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM.
CODE, SECTION 101.001 ETSEQ., OR OTHERWISE.
IV
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:
If to the DISTRICT:
Northwest Dallas County Flood Control District
c/o Mr. Pete Eckert
3960 Broadway Boulevard, Suite 205
Garland, Texas 75043
If to the CITY:
City of Coppell
c/o City Engineer
255 Parkway Blvd.
Coppell, TX 75019
A change of address may be made by either party upon the giving of ten (10) days
prior written notice.
V
MISCELLANEOUS PROVISIONS
5.01 This AGREEMENT shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
5.02 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.
5.03 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.
5.04 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.
5.05 If, 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.
5.06 "The obligations and undertakings of each of the parties to this
AGREEMENT are and shall be performable in Dallas County, Texas.
5.07 Each party hereto warrants that it has received authority from its
governing body to enter into this AGREEMENT.
EXECUTED this 23 day of ax la'Y2008.
NORTHWEST DALLAS COUNTY CI F COPPELL, XAS
FLOOD CONTROL DISTRICT
By: By:
Wayne Reyn Ids Douglas N. S over
President Mayor
ATTEST: ATTEST:
CLlibby Ball
City Secreta y
APPROVED AS TO FORM:
APPROVED
Robert E. Hager
Attorney City Attorney
TO FORM: