13-R-38 - MOU with City of Cibolo 350 acre feet waterRESOLUTION NO. 13-R-38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF CIBOLO, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into a memorandum of understanding with the City of Cibolo relating to the yearly
transfer of 350 acre feet of treated and delivered water to the City of Cibolo from the City of
Schertz as well as wastewater transfer to COMA via the City of Schertz gravity sewer lines; and
WHEREAS, the City Council has dete~7nined that it is in the best interest of the City to
contract with the City of Cibolo pursuant to the Memorandum of Understanding attached hereto
as Exhibit A (the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the City of Cibolo in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adapted as a
part ofthe judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws ofthe State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice ofthe time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Govet~tnent Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 14th day of May, 2013
CITY OF S RT TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Bren a Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
A-1
MEMORANDUM OF UNDERSTANDING TOii WATER PURCHASE ANb WASTEWATER
TRANSPORTATTOi~!
This Memorandum of Understanding is between the City of Schertz {"the Service Provides") and
the Ciry of Cibolo {"the Purchaser").
Recitals
The Purchaser will become a user of services provided by the Service Provider as owner, operator
and manager of facilities and services provided within the Corridor Loop and Wiederstein Raad
area as in Exhibit A (the "Service Area"). The Service Provider will provide services consisting
of wastewater transport and drinkilig water supply, storage, treatment, and distribution capable of
serving the present customers of the Service Area's system and the estimated number of
wastewater and water users to be served by the Purchaser.
'The service Provider Agrees;
I. The Service Provider will fin•nish the Purchaser at the agreed point of delivery potable
treated Edr~vards Aquifer water meeting the applicable standards of the Texas
Commission on Environmental Quality ("TCEQ") in such quantity as may be required by
the Purchaser not to exceed 350 acre-feet pcr year. A wholesale cost shall be determined
and agreed upon in a separate agreement to be signed by the Purchaser and fire Service
Provider when service is requested.
2. Water pressure will be firrnishecl at a reasonably constant pressure at the agreed point of
delivery to the Purchaser, if greater pressure titan that normally available at the agreed
point of delivery is requu•ed by the Purchaser, the cost of providing such greater pressures
shall be borne by the Purchaser. Emergency failures of pressure or supply due to main
supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or
o#ller catastrophe shall excuse the Service Provider fiom this provision for such
reasonable period of time as may be necessary to restore service,
3. The Service Provider will furnish and install the necessary equipment and required devices
of s#andard type for measuring the quantity of water delivered to and the quantity of
wastewater received from the Purchaser by means of a wholesale meter owned and
maintained by the Service Provider as well as any oilier related back, flow prevention
devices as required at meter.
~}. The Service Provider will grant permission to the Purclaser to connect to and transfer
wastewater tlu•ough the existing sewer main to COMA for treatment.
The Pm•chaser Agrees:
1. The Purchaser will pay for any applicable tap and meter set fees.
2. The Purchaser will pay to the Service Provider, not later than the last day of each month,
for water delivered and wastewater received in accordance with the established rata
schedules in effect at the time of billing.
3. The Purchaser will provide meters at its cost to each individual customer and monitor the
accuracy of these meters.
4. The Purchaser will maintain the meters and lines in its service area at its cost.
It is Further Agreed Between fhe Service Prnvider and Purchaser as Follows:
1. The allocation of Operating and Maintenance costs for both the water and wastewater
system shall be determined and agreed upon in a separate agreement to be signed by the
Purchaser and the Service Provider when service is requested.
2. Each of the Parties agues that it shall be responsible for the maintenance of the
infrash'ueture which is owned by that Party. For the purpose of this Memorandum of
Understanding, infrastructure is defined as al] sanitary server lines; lift stations, and
related items; and all water lines, wells, towers, treaftnerrt facility and related items.
Temporary or partial failures to deliver water or provide wastewater transportation shall
be remedied with all reasonable dispatch. In the event of an extended shortage of water or
wastewater transportation capacity by the Scivice Provider, the supply of water and
wastewater transportation capacity to the Purchaser's customers shall be reduced or
diminished in the same ratio or propor•tian as the supply to the Service Provider's
consumers is reduced or diminished. In the event for any reason the Service Provider may
become unable to supply water to the Purchaser for the prevention or suppression of fire,
the Service Provider will in no manner 6e liable for damages by reason of arty such
failure to the Purchaser', any patrons of the Purchaser, or to any person or persons whose
property may have been destroyed by fire, or otherwise damaged.
3. Planned trunk line extensions and the area to be served by the Purchaser must be
approved by the Service Provider so as to insure a reservation of water supply and
wastewater hansportation capacity for the Purchaser. When an expansion is approved,
that development is entitled to be fully built and na further approvals fi•om the Service
Provider are required.
4. This Memorandum of Understanding shall be in effect fiom and after its adoption by We
final authorizing resolution by each of the Parties.
5. This Memorandum of Understanding will be replaced by an Irrterlocal Agreement prior to
connection.
City of Cibolo
Robert T. Herrera, City Manager
Date ~ ~ 2-~ ! '~~~ 1
City of Schertz
Jo , Kessel, ity Manager
Date J
Attachment; Exhibit A - Nlap of Service Area
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