Number 04® AGENDA REQUEST FORM
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CITY COUNCIL MEETING: August 23, 1994 ITEM #
ITEM CAPTION:
Consideration and approval of contract with cities of Irving and
Lewisville for Dallas Water Supply Line No.3, and authorizing the
Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
Please see attached letter and contract.
STAFF RECOMMENDATION
EXPLANATION:
BUDGET AMT.$
FINANCIAL COMMENTS:
Approval X
AMT. EST.$
INITIALS
Denial
+/- BUD:$
Funding for this project will be included in the FY 1994 Revenue Bond
Sale.
FINANCIAL REVIEW: CITY MANAGER REVIEW:
Agenda Request Fonn - Revised 1/94
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OFFICE OF CITY SECRETARY
CMIrving copy
October 26, 1994
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
RE: Council Resolution No. 10 -6- 94-486
Approving Water Line Agreement with the Cities of Coppell and
Lewisville to Share the Costs of a Pro Rata Basis for Construction and
Maintenance of the Dallas Water Supply Line No. 3
Dear Mr. Witt:
Enclosed is a fully executed original of the aforementioned for your file and information.
If anything further is necessary, please do not hesitate to contact this office.
Sincerely,
Trish McDaniel
Acting Deputy City Secretary
CITY OF IRVING
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Copy: Steve McCullough, City Manager
Ralph Ellis, ACM/Finance
Don Rorschach, City Attorney
Ron McCuller, Asst. Public Works Director/Water Utilities
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FAX NUMBER (214) 721 -2384 0
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City
9f Irving
August 10, 1994
Mr. David Ryburn
Dallas Water Utilities
1500 Marilla
Dallas, Texas 75201
Dear Mr. Ryburn:
STEPHEN W. McCULLOUGH
CITY MANAGER
The cities of Irving, Coppell and Lewisville city staffs have agreed to the attached
contract. It is anticipated that the agreements will be formalized by the respective
City Council's in August and September.
We appreciate the City of Dallas' efforts on this much needed project for our three
cities.
Sincerely,
CITY OF IRVING
L) .
Stephen W. McCullough
City Manager
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PC: James Witt, City Manager, Coppell
Charles R. Owens, City Manager, Lewisville
Sandy Cash, Deputy City Manager
Don Rorschach, City Attorney
Ralph J. Ellis, Jr., ACM/Finance
Jack Angel, Dir./Public Works
P.O. Box 152288. 75015 -2288
825 West Irving Blvd. • Irving, Texas 75060 • (214) 721 -2521
Fax NO. (214) 721 -2750 ocrvrt cn PAPcc
CITY OF IRVING
COUNCIL RESOLUTION NO. 10 -6 -94 -486
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached
contract between the City of Irving and the Cities
of Coppell and Lewisville whereby Coppell and
Lewisville will participate with Irving in the
engineering, construction and maintenance of
Dallas Supply Line No. 3 and the Mayor is
authorized to execute said contract, provided that
such approval is subject to the Cities of
Lewisville and Coppell performing all of the
obligations envisioned by this contract.
SECTION II. THAT this resolution shall take effect from and
after its final date of passage, and it is accord-
ingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING,
TEXAS, this 6th day of October, A.D., 1994.
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ATTEST: �' %y'?'�•.SEA� -g
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JarljHart
Acting City Secretary
APPRQVED AS TO FORM:
Don J. Royschach
City Att ney
BOBBY JOE RAPER
MAYOR
CITY COUNCIL
OCT °b 1994
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THE STATE OF TEXAS §
COUNTY OF DALLAS §
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This Contract made and entered into this the G "
COPY
day of ,
1994 by and between the City of Irving and the Cities of Coppell and Lewisville, Texas.
WTTNESSETH:
WHEREAS, the Cities of Irving, Lewisville, and Coppell currently have contracts with
the City of Dallas to purchase treated water; and
WHEREAS, water currently being purchased by Irving and Coppell is delivered through
a supply line constructed in the early 1970's, which supply line is owned, operated and
maintained by the City of Dallas (hereinafter referred to as the existing supply line); and
WHEREAS, the Cities of Irving, Lewisville and Coppell will need additional treated
water over and above the capacity of the existing supply line within a few years; and
WHEREAS, the Cities of Irving, Lewisville and Coppell intend to co- operate in the
construction of a new water supply line from the City of Dallas Elm Fork Water Treatment
Plant to the City of Irving Hackberry Pump Station along the approximate route shown on
Exhibit 1, attached hereto; and
WHEREAS, this supply line, to be known as Dallas Water Supply Line No. 3, can be
sized to include capacity for the Cities of Coppell and Lewisville, which capacity may be used
to replace any additional capacity used by these cities in the existing supply line; and
Page 1 of I 1
WHEREAS, the Cities of Coppell and Lewisville wish to participate with Irving in the
engineering, construction, and maintenance of Dallas Supply Line No. 3 as set forth in this
contract; and upon transfer of capacities as stated herein, relinquish all claims to ownership
and/or capacity rights in said supply line; whereupon Irving shall assume sole ownership,
operation and maintenance responsibilities in said line;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City of Irving agrees to provide and the Cities of Coppell and Lewisville agree
to pay for extra delivery capacity in the proposed Dallas Water Supply Line No. 3 upon the
terms and conditions and for the considerations hereinafter set forth, to -wit:
ARTICLE I
1. The City of Irving will proceed with the design and construction of said Dallas
Water Supply Line No. 3, such supply line, right -of -way and facilities to be owned
by the City of Irving, and the Project will have the following approximate
capacities:
• Elm Fork Water Treatment Plant to Sandy Lake Road crossing - 91 million
gallons per day (MGD).
The approximate location of the water supply line and the points referred to are
shown on Exhibit 1, which is attached hereto.
2. The Cities of Coppell and Lewisville agree to pay their pro -rata share of the actual
cost of constructing, operating and maintaining the supply line, including
engineering and right -of -way acquisition costs, in proportion to the capacity each
Page 2 of 11
is entitled to in any particular segment of the supply line. These proportions to
which said two (2) cities are entitled are, as follows:
• Elm Fork Water Treatment Plant to Sandy Lake Road crossing:
Coppell .............................. 20
91
Lewisville ........................... 6
91
• Sandy Lake Road Crossing to Hackberry Pump Station
Coppell .......................... None
Lewisville ....................... None
3. The City of Irving will furnish each City an estimate of their cost to secure
capacity in the proposed water supply line as well as an approximate schedule of
when funds will be required. Before contracts for construction are awarded by
City of Irving, the Cities of Coppell and Lewisville shall deposit their share of the
costs with the City of Irving. Funds received by the City of Irving will be placed
in escrow and a complete accounting of expenditures will be furnished each City.
If additional funds are required, said Cities shall deposit said additional funds with
the City of Irving before said City becomes obligated to the contractor(s). Upon
termination or completion of the Project, each City is entitled to any excess funds
not including any interest. Said funds shall be paid to each entity within ninety
(90) days of termination or completion of the Project. Interest earned upon such
funds shall be retained by Irving as an administrative charge.
Page 3 of 11
4. The Cities of Coppell and Lewisville shall hold the City of Irving harmless for any
penalties or levy by the Internal Revenue Service on those cities' bond funds
placed in escrow. Each City is responsible for filing its own arbitrage report on
bond monies placed in escrow with the City of Irving.
5. In lieu of participating in the after- construction maintenance expense of the Dallas
Water Supply Line No. 3 and in consideration for Irving allowing, during the term
of this Agreement and any renewal, the use of 20 MGD to Coppell and 6 MGD to
Lewisville of Irving's contracted pipeline capacity in the existing Dallas owned
water transmission line, said cities agree to pay to Irving as follows: $192,307.50
being paid by Coppell and $57,692.50 being paid by Lewisville. Such payment
shall be considered as the full obligation such cities have for future maintenance of
the pro -rated portion of purchased capacities in the Irving owned transmission
fine, during the term of this Agreement and any renewals thereof.
6. Use of Irving's capacity in the existing Dallas supply line will not be granted until
such time as the Dallas Water Supply Line No. 3 is completed and in service, with
Lying having access to the entire design capacity of such line, and above
described payments are received by Irving.
7. The City of Irving will provide inspection services on the Dallas Water Supply line
No. 3 project and agrees to follow the City of Coppell's standards and practices
for street cuts. Coppell shall have the right to review street cut plans and inspect
the project within its corporate limits. The City of Irving agrees to co- operate
with Coppell in the enforcement of street cut standards upon the contractor and
minimize inconvenience associated with such construction wherever practical.
Page 4 of 11
8. The City of Irving agrees to administer the project and forward promptly to
Coppell and Lewisville copies of all bids, pay estimates, change order requests
and other documentation pertinent to the project's initiation, progress and
completion. The City of Irving agrees to allow Lewisville and Coppell to review
and approve all such documents.
9. The City of Coppell will waive inspection fees, review costs, and any other fees
that might be associated with the construction of the pipeline within Coppell's city
limits.
10. The City of Coppell agrees to co- operate in the acquisition of rights -of -way
necessary for the installation of the pipeline and related appurtenances within the
City of Coppell and hereby authorizes the City of Lying to exercise the powers of
eminent domain necessary for the acquisition thereof for a time period not to
exceed 60 months, and if additional time is needed, the City of Coppell will not
unreasonably withhold approval. The City of Irving shall not require the City of
Coppell to bring or prosecute the action for condemnation. The City of Lying
shall not unreasonably refuse requests by the City of Coppell for access across its
easements within the City of Coppell for reasons of public purposes, provided that
such access shall not utilize the easement for more than 25 feet parallel to Dallas
Water Supply Line No. 3. Coppell shall take care to avoid damages to I ving's
line and provide appropriate protection for the line as specified by Irving.
11. The City of Coppell will grant to the City of Irving the necessary easements and
rights -of -way within its public streets, alleys, and ways to construct and maintain
all the City of Irving water facilities that may lie within the City of Coppell.
Page 5 of 11
12. The City of Irving agrees to keep the main in good repair. In the event of damage
to the road, streets, or alleys through which the main may pass within the City of
Coppell as a result of repair or failure to repair such mains, the City of Irving will
repair such damage. In the event it is necessary to cut the surface of such street,
road or alleys for the purpose of maintaining said main, the City of Irving shall
repair any such cuts. Such maintenance procedures and street cut construction
shall be according to the City of Coppell standards wherein the project is within
the corporate limits of the City of Coppell.
13. Certain interconnections between the Dallas Water Supply Line No. 3 and the
existing Dallas Supply line, locations to be determined by the engineer and
approved by the City of Dallas, may be installed in order to provide emergency
service in the event of failure of one of the pipelines.
14. Whenever by reason of the changes in the grade of any street or in the location or
the manner of constructing any underground water or sewer mains that shall be
deemed necessary by the governing body of the City of Coppell to alter, change,
or adopt the facilities of the City of Irving which are situated in the City of
Coppell's right -of -way, such alterations or changes shall be promptly made by the
City of Irving when ordered in writing by the City Council of the City of Coppell,
and each city shall pay its proportionate share of said cost; and if the City of
Coppell shall require the City of Irving to adopt or conform its facilities or in any
way to alter, relocate, or change its property to enable any other corporation,
person or entity to use, or to use with greater convenience, said streets or public
rights -of -way, the City of Irving shall not be bound to make any such changes
until such other corporation, person or entity shall have undertaken, with solvent
Page 6 of 11
bond, to reimburse the City of Irving for any loss or expense which shall be
caused by, or arise out of such change, alteration, or relocation of the City of
Irving's property provided that the City of Coppell shall never be liable therefore.
ARTICLE H
Each City is directly responsible for any metering station cost required to meter water
taken from either the existing supply line or the proposed Dallas Water Supply Line No. 3 to
serve such City. Such meters shall be equipped with rate of flow controlling devices that will
limit the rate of withdrawal to the delivery capacity contracted for.
ARTICLE III
Each City shall be responsible for directly entering into an agreement with the City of
Dallas, or modifying its existing agreement, for the purchase of treated water that it wishes to
have transported through either the existing or the proposed pipeline.
ARTICLE IV
The City of Irving will obtain all right -of -way within or without the boundaries of the
City of Coppell necessary to construct the pipeline within its corporate limits. Reimbursement
for costs of right -of -way acquisition to the City of Irving shall be in accordance with the
provisions of this agreement.
ARTICLE V
The Cities of Coppell and Lewisville each agree to protect their separate systems from
cross connections under the specifications required by health standards of the State of Texas.
Page 7 of 11
ARTICLE VI
City of Irving shall not be liable in damages for actual and/or consequential damage
experienced by the Cities of Coppell or Lewisville resulting from the flow, pressure, or
quantity of water through the pipeline.
ARTICLE VII
This contract shall remain in force and effect for a term of thirty (30) years from and
after the date of execution of the contract. This contract shall automatically renew for
successive thirty (30) year terms unless all parties hereto agree not to renew.
Venue for the resolution of all litigation shall be in a court of competent jurisdiction in
Dallas County, Texas.
ARTICLE VIII
Any notices may be given to the respective parties at the following addresses by
certified mail, postage prepaid:
City of Irving, Texas
Attention: City Manager
825 West Irving Boulevard
Irving, Texas 75060
City of Coppell
Attention: City Manager
255 Parkway Boulevard
Coppell, Texas 75019
City of Lewisville, Texas
Attention: City Manager
P.O. Box 299002
1197 West Main
Lewisville, Texas 75029 -9002
Page 8 of 11
ARTICLE X
Force Maieure: If by reason of force majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Contract, then if such parry shall
give notice and full particulars of such force majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied on, the obligation of the party
giving such notice, so far as it is affected by such force majeure, shall be suspended during the
continuance of the inability then claimed, but for no longer period, and any such party shall
endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force
Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial
disturbances, acts of public enemy, orders of any kind of the Government of the United States
or the State of Texas, or any Civil or military authority, insurrection, riots, epidemics,
landslides, lightening, earthquake, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraint of government and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines or canals, partial or entire failure of water supply, or on
account of any other causes not reasonably within the control of the party claiming such
inability.
ARTICLE IX
In the event the City of Dallas reduces flow available to all cities because of drought or
emergencies, each city shall reduce its withdrawal to a rate that is proportional to its capacity
in the supply line delivery facilities.
Page 9 of 11
ARTICLE X
Severability: The Parties hereto specifically agree that in case any one or more of the
sections, subsections, provisions, clauses or words to any situation or circumstance should be,
or should be held to be, for any reason, invalid or unconstitutional, under the laws or
constitutions of the State or the United States of America, or in contravention of any such
laws or constitutions, such invalidity, unconstitutionality or contravention shall not affect any
other sections, subsections, provisions, clauses or words of this Contract of the application of
such sections, subsections, provisions, clauses or words to any other situation or
circumstances, and it is intended that this Contract shall be severable and shall be construed
and applied as if any such invalid or unconstitutional section, subsection, provision, clause or
word had not been included herein, and the rights and obligations of the parties hereto shall be
construed and remain in force accordingly.
IN WITNESS WHEREOF, the parties hereto acting under authority of their respective
governing bodies have caused this Contract to be duly executed in several counterparts, each
of which shall constitute an original, all as of the day and year first above written, which is the
date of this Contract.
Executed this the y` - day of�
ATTEST:
BY:
CITY OF IRVING
By:
Page 10of 11
ATTEST:
By: �c .
Linda Grau, Acting City Secretary
ATTEST:
By
i
CITY OF COPPELL
By: 4- ��' Iz-, C'0--
Ron Robertson, Mayor Pro Tem
CITY OF LEWISVILLE
Page I 1 of 11