HomeMy WebLinkAboutResolution 23-32 ILA Roanoke Water and Wastewater
Resolution 23-32
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TOWN OF WESTLAKE
RESOLUTION NO. 23-32
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING AN INTER-LOCAL AGREEMENT WITH THE CITY OF
ROANOKE FOR THE PROVISION OF DRINKING WATER QUALITY ANALYSIS
AND INTERIM MANAGEMENT OF WATER AND WASTEWATER OPERATIONS IN
THE TOWN OF WESTLAKE.
WHEREAS, The City of Roanoke and the Town of Westlake are both governmental
entities engaged in the purchase of goods and services, which is a recognized governmental
function; and,
WHEREAS, the Town Council desires to provide residents and residents and visitors
safe and drinking water; and,
WHEREAS, the Town Council finds that the Inter-Local agreement, maintenance and
testing of the Westlake water and wastewater systems within Westlake benefit the public; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council of the Town of Westlake hereby approves the
Inter-Local agreement between the Town of Westlake and the City of Roanoke attached as
Exhibit “A” and authorizes the Town Manager or designee to sign on behalf of the Town of
Westlake and authorizes Town staff to pay for the performance of governmental functions as
described within the attached Inter-Local agreement.
SECTION 3: That the Town Council of the Town of Westlake hereby notify the City of
Roanoke that commencement of agreed upon interim regulatory supervision over the Town of
Westlake’s water system and reporting to comply with TCEQ requirements for licensed water
and wastewater operators may begin after the execution of said agreement and as specified with
the attached Exhibit “A”.
SECTION 4: 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 23-32
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SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 30th DAY OF MAY 2023.
______________________________
ATTEST: Sean Kilbride, Mayor
____________________________
Amy Piukana, Town Secretary
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
INTERLOCAL AGREEMENT FOR THE PROVISION
OF DRINKING WATER QUALITY ANALYSIS AND
INTERIM MANAGEMENT OF WATER AND
WASTEWATER OPERATIONS
IN THE TOWN OF WESTLAKE
STATE OF TEXAS §
§
COUNTYOFTARRANT §
THIS AGREEMENT is made and entered into by and between the Town of Westlake,
Texas, a Type A general law municipal corporation, located in Tarrant County, Texas
(hereinafter referred to as "Westlake") and the City of Roanoke, Texas, a home rule municipal
corporation, located in Denton County, Texas (hereinafter referred to as "Roanoke").
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes city governments in the State of Texas to contract with one another for the
provision of various governmental functions and the delivery of various governmental services,
including those in the area of public health, sanitation, and utility services; and
WHEREAS, to ensure Public Water Systems are providing safe drinking water, the
Texas Commission on Environmental Quality (TCEQ) has implemented requirements for
all Public Water Systems to be operated at all times under the direct supervision of a water
works operator who holds an applicable valid license and to test drinking water to determine
the effectiveness chloramine disinfection; and
WHEREAS, the provision of safe and reliable water throughout the Town of
Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake;
and
WHEREAS, Westlake desires to secure and maintain adequate water quality resources
to ensure for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Chloramine disinfection effectiveness testing requires special laboratory
equipment and training; and
WHEREAS, the Westlake desires to foster and promote region cooperative efforts; and
WHEREAS, The Town of Westlake has requested assistance from the City of Roanoke
to provide the chloramine effectiveness testing; and
WHEREAS, The Town of Westlake has requested assistance from the City of Roanoke
to provide interim supervision of Town water operations by licensed water works operators per
TCEQ requirements; and
WHEREAS, the Roanoke is desirous of furnishing the chloramine effectiveness testing
services to the Westlake; and
WHEREAS, Westlake and Roanoke have concluded that this Agreement fairly
compensates the performing party for services being provided hereunder; and
NOW, THEREFORE, for the mutual consideration herein stated, Westlake and
Roanoke agree as follows:
1
Water Quality Analysis Services
Roanoke agrees to provide all personnel, equipment, and supplies necessary to perform
the chloramine disinfection effectiveness testing approved by applicable state and federal
regulatory standards. Chloramine disinfection effectiveness testing will be conducted in
accordance with "Exhibit A".
2
Licensed Supervision of Water Operations
Roanoke agrees to provide all personnel necessary to provide regulatory supervision
over the Town of Westlake’s public water system, and to comply with TCEQ requirements for
licensed water, and wastewater (if applicable) operators, at all times for a period not to exceed
one-year beginning May 1, 2023.
3
Billing
Roanoke shall bill Westlake monthly for the costs of services provided according to the
rates prescribed in "Exhibit B". Roanoke shall document in an itemized monthly invoice the
number of hours spent by staff, including equipment and supplies used when conducting
chloramine effectiveness testing on behalf of Westlake. Within thirty (30) days of receipt of the
itemized bill, Westlake shall remit payment to Roanoke.
Westlake will pay Roanoke for actual costs (direct labor, employee benefits, equipment
rental, materials and supplies, utilities, permits, and administrative overhead costs) for the services
provided by Roanoke as set forth in "Exhibit B". Administrative overhead costs for each work item
shall be charged at a rate of 10% percentage of direct labor costs. Roanoke shall receive
compensation for the performance of services and its duty related to chloramine effectiveness
testing in accordance with of this Agreement.
4
Payment for Services
Each party paying for the performance of governmental functions or services
hereunder shall make those payments from current revenues available to the paying party.
5
Applicable Law
This Agreement and any of its terms and provisions, as well as the rights and duties of
the parties hereto shall be governed by the laws of the State of Texas. This Agreement is fully
performable in Denton County, Texas, and in the event that any cause of action is filed by
either party arising out of the terms of this Agreement, the exclusive venue for said lawsuit
shall be in Denton County, Texas.
6
Severability
In the event that any portion of this Agreement shall be found to be contrary to law, it
is the intent of the parties hereto that the remaining portions shall remain valid and in full force
and effect to the extent possible.
7
Authority
Each party certifies that the undersigned officers and/or agents of the parties hereto are
the properly authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions or orders extending said authority have been duly passed and are now in full force
and effect.
8
Term and Termination of Agreement
The term of this Agreement, as amended, shall begin on May 1, 2023 and shall be effective
for twelve (12) months from that date, and it shall renew automatically thereafter for another twelve
(12) - months, said renewals continuing indefinitely, PROVIDED, that any party herein shall
have the right to terminate this Agreement at the end of any calendar year only, for any reason
whatsoever, upon giving the other party a minimum of ninety (90) days written notice in advance
of the date sought for such termination. Any notice required or permitted to be given under this
Agreement shall be deemed sufficient if given in writing and sent by registered or certified mail
to the official mailing address of Westlake or Roanoke.
9
No ioint enterprise
No provision of this Agreement shall be construed to create any type of joint ownership
of any property, to create a partnership, joint venture or other agreement of any kind, or to create
any right of partial control, ownership of or equity in the other municipalities' facilities
described herein. Furthermore, the parties hereto acknowledge and agree that the doctrine of
respondent superior shall not apply between the municipalities.
10
Notice
Any notice, communication or request provided or permitted to be given by either
party to the other party must be in writing and addressed as follows:
If to Roanoke:
City of Roanoke
Attn: City Manager
500 S Oak Street
Roanoke, Texas 76262
Telephone: (817) 491-2411
Facsimile: (817) 491-2411
and to:
City of Roanoke
Attn: Director of Community and Business Development
265 Marshall Creek
Roanoke, Texas 76262
Telephone: (817) 491-6099
Facsimile: (817)491-3114
If to Westlake:
Town of Westlake
Attn: Mayor
1500 Solana Blvd., Building 7, Suite 7200
Westlake, Texas 76262
Telephone: (817) 430-0941
Facsimile: (817) 430-1812
and to:
Town of Westlake
Attn: Town Manager
1500 Solana Blvd., Building 7, Suite 7200
Westlake, Texas 76262
Telephone: (817) 490-5717
Facsimile: (817) 430-1812
or to such other addresses as may be provided for in writing from time to time.
11
Other agreements unaffected
This Agreement shall govern the supervision of the Town of Westlake public water system,
and, the provision of all chloramine effectiveness testing performed by Roanoke for Westlake. All
other interlocal agreements between Westlake and Roanoke not changed in whole or in part by
this Agreement shall continue in effect.
12
No waiver of immunity or defenses
This Agreement is made pursuant to Chapter 791 of the Texas Government Code. It is
expressly understood and agreed that in the execution of this Agreement, neither municipality
waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, or any
damage limitation or other protection provided to municipalities under any applicable law. This
section shall be liberally construed to carry out the intent of each municipality's governing body,
and the municipalities do hereby invoke said governmental immunity to the extent possible under
the law.
13 .
No third party beneficiaries
It is understood by the parties that this Agreement is entered into for the mutual
convenience and public purposes of the municipalities which are parties hereto, and it is the parties'
intent that no other parties shall be construed as beneficiaries of this Agreement, including the
owners, residents, or operators of property connected to the N-1 collection main, regardless of
whether such persons are provided wastewater services under this Agreement.
14
Section or Other Headings
Section or other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
15
Amendment
This Agreement may only be amended, altered, or revoked by written instrument signed
by both parties.
16
Interpretation
Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of
any dispute over its meaning or application, be interpreted fairly and reasonably, and neither
more strongly for nor against any party.
17
Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument. This Agreement may
be executed in multiple originals.
18
Force Majeure
If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out
its obligations under this Agreement after its effective date, then such party will give written notice of the
particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence
of such event. The obligations of the party giving such notice, to the extent affected by such Force Majeure,
will be suspended during the period of the inability, provided that both parties agree to use good faith
and exercise reasonable efforts to remove and overcome such inability.
19
Mutual Assistance
The parties hereto agree to take all reasonable measures which are necessary or appropriate
to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying
out such te1ms and provisions.
20
Exhibits
All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Approved as to form and legality
CITY OF ROANOKE TOWN OF WESTLAKE
________________________
Cody Petree, City Manager Sean Kilbride, Mayor
_______________________
City Attorney Town Attorney
ATTEST: ATTEST:
_______________________
April S. Hill, City Secretary Amy Piukana, Town Secretary
___5/30/23____________________
Date Date
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Town ofWestlakeRes 17-41
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Town of Westlake Res 17-41
Exhibit "A"
Westlake Chloramine Effectiveness
Sampling Plan
1. Chloramine Effectiveness Sampling
Rule Basis: Additional activities for source water under chloramine effectiveness requirements (30 TAC
§290.1 l0(c)(S)(A)) are reported in an attached Nitrification Action Plan (NAP) (30 TAC §290.46(z)).
Frequency:
To establish baseline date for ammonia, mono-chloramine, nitrite and nitrate (all
measured as nitrogen), the monitoring will occur at the following frequency
determined from the NAP and process management criteria. Additional parameters
such as temperature and pH will be determined from the NAP.
Sample Frequency at Source Water
Total Chlorine Daily
Mono-chloramine Weekly
Free ammonia Weekly
Nitrite and Nitrate Weekly
Temperature Weekly
pH Weekly
After baseline data is determined for ammonia, mono-chloramine, nitrite and nitrate
(all measured as nitrogen), the monitoring will occur at the following frequency
determined from the NAP and process management criteria. Additional parameters
such as temperature and pH will be determined from the NAP.
Sample Frequency at Source Water
Total Chlorine Daily
Mono-chloramine Weekly
Free ammonia Weekly
Nitrite and Nitrate Monthly
• Monthly Bactis
• Monthly Dead End Main flushing
• Daily Cl2
• Backflow
• Liquid Waste
• CSI
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Town of Westlake Res 17-41
• Annual AWWA water loss survey
• Disinfection Level Quarterly Operation Report (DLQOR)
• Monthly/Quarterly maintenance on colormeters/CL 17
• Consumer Confidence Report (CCR)
• Daily Lift Station Rounds/Checklist
• Monthly SSO
• Non-Compliant Discharge (as needed)
Daily Test shall be completed by Westlake as mandated by the State. Roanoke
will conduct this test weekly in concurrence with all other test.
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Town of Westlake Res 17-41
Location
The location of sample sites for chloramine effectiveness testing is contained in the table below.
Chloramine Effectiveness Sample Site Location Table
Disinfectant
Residual Number Address (Suggested subdivision,
mapsco, etc.) Reason for Representative Site
RT-1 2203 Kingfisher Vaquero "Located at a residence on an 8-inch distribution
loop representing average water age."
RT-2 13345 Thornton Southwest "Located on an 8-inch line in an area of
relatively low water age, one of the first subdivisions near the Fort Worth interconnect."
RT-3 1810 Broken Bend Glenwyck Farms (Low
PP)
"Located in the Low PP furthest from the Fort
Worth I/C and represents a relatively high water
age."
RT-4 2341 Ottinger Rd. Centrally located in the
Town
"Located in an older rural area, off an 8-inch line
representing average water age."
RT-5 2111 Cedar Elm Vaquero South "Located on an 8-inch distribution lateral
representing a water age greater than the average
age."
DR-1 1900 Us Hwy 377 POE Point of Entry - automated Cl readings
DR-2 1481 Knox Keller EST centrally located in distribution system -
automated Cl readings
DR-3 Hwy 377PS Pump Station Discharge header at Pump Station
Resolution 17-41
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Exhibit "B"
City of Roanoke Rate Schedule
TCEQ Licensed Water/Wastewater Operator…………………..to be determined (x 2)
Utility Maintenance Technician .................................................... $40/hr x 2
Utility Maintenance Supervisor ...................................................... $80/hr x 2
- With 2 hour minimum
- Any maintenance requiring more than 4 hours requires pre-approval by Roanoke
Laboratory equipment/supplies ....................................................... $9.57/sample x 8 samples
Administrative Overhead ................................................................. 1