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HomeMy WebLinkAboutRes 10-12 Entering an Agreement with Vaquero HOA for Sanitary Sewer ServicesTOWN OF WESTLAKE RESOLUTION NO. 10-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH VAQUERO HOA, FOR SANITARY SEWER SERVICES RELATED TO THE DISCHARGE OF EFFLUENT FROM VAQUERO GOLF CLUB'S WATER TREATMENT EQUIPMENT; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Owner is desirous of connecting to the Town's sanitary sewer collection system and discharging waste water effluent from water treatment equipment located at 1420 Post Oak Place, commonly referred to as the Golf Maintenance Facility (see Exhibit "A"); and WHEREAS, the Town Council find that providing sewer service provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. WHEREAS, the Town is agreeable to the sewer service connection pursuant to the stipulations set forth in the Sanitary Sewer Services Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the Sanitary Sewer Services Agreement, for the provision of sanitary sewer services from the water treatment equipment located at 1420 Post Oak Place, attached as Exhibit "A"; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 10-12 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JUNE, 2010. ATTEST: '�"aLlax�c - Kell Edwa s, Town Secretary APPROVED AS TO FORM: Y/,&" 44gA-k Laura Wheat, Mayor Resolution 10-12 Page 2 of 2 EXHIBIT "A" VAQUERO GOLF CLUB SANITARY SEWER SERVICE AGREEMENT THIS S.day ofu•..TARY SEWER SERVICE AGREEMENT (the "Agreement") made and entered into this ,�� ., �- , 2010, by and between the Town of Westlake, Texas, herein referred to as the "Town" and Vaquero Golf Club, herein referred to as the "Owner";and WHEREAS, the Owner is desirous of connecting to the Town's sanitary sewer collection system and discharging waste water effluent from water treatment equipment located at 1420 Post Oak Place, commonly referred to as the "Vaquero Golf Maintenance Facility"; and WHEREAS, the ability for the Owner to connect to the Town's sanitary sewer collection system will provide benefits to the entire community of residents and property owners in the residential community known as "Vaquero"; and WHEREAS, the Town and Owner are agreeable to the sewer service connection and requirements pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Town gives permission for the Owner to make a connection to the Town's sanitary sewer and discharge effluent from water treatment equipment located at 1420 Post Oak Place. This permission is subject to effluent meeting all Federal, State, and local regulations ,now and in the future, affecting design, construction, operation, maintenance, and use of the Town's sanitary sewer system and upon approval by the Town of a Water/Sewer application from the Owner. 2. The Owner shall, at its sole expense, obtain all necessary permits and install the sanitary sewer from the property to the Town's sanitary sewer as shown on attached Exhibit "A", all to the satisfaction of the Town. All costs of connecting to the sanitary sewer from the property described above to the Town's sanitary sewer shall be borne by the Owner. 3. The Owner agrees to allow periodic inspection by Town employees or authorized agents of the sanitary sewer system, physical facility, water treatment equipment maintenance and water production records related to volumes and chemical composition. Inspections shall be conducted during normal business hours with seventy two (72) hours advance notice. Notwithstanding the above, should the Town deem a matter to be an emergency, the Town shall not be required to give seventy two (72) hours notice. In the case of an emergency, to be determined by the sole decision of the Town, advance notice will be that which is determined by the Town to be sufficient and necessary. 4. The Owner agrees to provide the reports to the Town as identified in Attachment "B" of this Service Agreement in a timely manner. All costs and reporting associated with this agreement shall be the sole cost of the Owner. The Town has a right to require additional reporting as necessary due to changes in the chemical composition of the water treatment effluent. The Owner shall provide the Town with a base line (benchmark) chemical composition for the effluent that will illustrate the known constituents and their levels of occurrence in the discharged wastewater effluent. Failure to comply shall be deemed as non-compliance and subject to disconnection. 5. The Owner agrees in return for receiving sewerage treatment service from the Town to pay the monthly minimum sewerage service fee connection and the sewer volume rate as set by the Town and in accordance with Attachment "C" of this Service Agreement. The fees shall be calculated in compliance with the latest revision of the Town's Ordinances for water and sewer rates. 6. If at any time in the future, State or Federal regulations require owner to become a permitted discharger, the Owner acknowledges and consents with the conversion of this sanitary sewer service to a permitted discharge as may be necessary, and as such, will be regulated and charged based on any ordinance(s) for permitted wastewater discharges. 7. This Service Agreement shall not create a joint venture, partnership, or Master/Servant, agency or subcontractor relationship between the Town and Owner. U Amendment. This Service Agreement can only be amended in writing by the Town Council and Owner. Sole Agreement. This Service Agreement consists of the sole and only Sewer Service Agreement of the parties and supersedes any prior understanding or written or oral agreements between the parties respecting the permit to connect and discharge effluent from the aforementioned water treatment equipment. No assignment by the owner hereto of any rights under or interests in the Service Agreement will be binding on another party hereto without the prior written consent of the Town sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Service Agreement. The Town and Owner each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Service Agreement. The Town shall have the absolute right to terminate this Agreement based on any of the following: a. for any breach of this Agreement by the Owner which shall remain uncured to the sole satisfaction of the Town for more than thirty (30) days; b. any rule, order, statute, decree, law or other official determination that any portion of this Agreement, or the authorizations contained herein, are no longer allowed or deemed to be non-compliant; c. the Town's regional wastewater treatment provider no longer allows the effluent or discharges as contemplated by this Agreement; or d. the unilateral determination of the Town for its own convenience. Any change to the water treatment equipment that results in an increase of effluent discharge will require modification to this agreement and attachments (for calculation of charges). IN WITNESS WHEREOF, Town and Owner have signed -3 copies of the Service Agreement. counterparts each have been delivered to Town and Owner. This agreement will be effective on the %41 day of , 2010. W TOWN: OWNER: Town of Westlake, Texas 1✓ `' ,/ �'� CAW B Tom Brymer, o ger ATTEST ATTEST: Kellydwar , Town Secretary Address for giving notices: 3 Village Circle, Suite 202 W �N M �FxAS Address for giving notices: List name of person to whose attention notices are to be sent: (I�aj PC. JSA ATTACHMENT "A" VAQUERO GOLF CLUB SEWER SERVICE AGREEMENT Equipment location and sanitary sewer connection map ATTACHMENT `B" VAQUERO GOLF CLUB SEWER SERVICE AGREEMENT Water Treatment Effluent Reports Effluent constituent levels to establish a baseline (benchmark) Monthly Water Treatment equipment operations and maintenance logs: o Filter change/cleaning o Chemical use o Produced water volume o Equipment run times ATTACHMENT Gfc!! VAQUERO GOLF CLUB SEWER SERVICE AGREEMENT Sanitary Sewer rates and calculation methodology • Monthly Minimum Charge o The most current monthly minimum charges for sanitary sewer service based on a 6" water service connection. o The monthly minimum charge will be assessed for all twelve (12) months. • Sewer Volume Rate o The most current unit rate as established by the Town's rate ordinance(s) • Volume of Effluent o Effluent from the water treatment equipment located at 1420 Post Oak Place will only be discharged into the Town's sanitary sewer system during the months of and shall not exceed 25,000 gallons per day. o The Town will use the 25,000 gallons per day for any day in which there is effluent discharged in order to establish monthly volume charges. o The discharge quantities may be revised at a later date with the installation of Town approved metering equipment.