26-R-089 Interlocal Agreement with City of Garden Ridge Regarding SewerRESOLUTION 26-R-089
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE CITY OF GARDEN RIDGE REGARDING SEWER
CAPACITY AND WHEELING AND RELATED MATTERS IN
CONNECTION THEREWITH.
WHEREAS, the City of Garden Ridge is seeking to provide sanitary sewer treatment
service to a portion of their city; and
WHEREAS, the service area of Cibolo Creek Municipal Authority ("CCMA") a
conservation and reclamation district that provides sanitary sewer treatment services, includes
the portion of Garden Ridge for which the city is seeking to provide sanitary sewer treatment
service; and
WHEREAS, CCMA does not have sanitary sewer lines that run to the boundary of
Garden Ridge; and
WHEREAS, the City of Schertz does have sanitary sewer lines, near Garden Ridge that
do connect to CCMA sanitary sewer lines; and
WHEREAS, for purposes of facilitating delivery of treated wastewater from Garden
Ridge to CCMA's sanitary sewer lines, Garden Ridge has requested that Schertz wheel the
sanitary sewer flows from Garden Ridge to CCMA's sanitary sewer lines; and
WHEREAS, Schertz and Garden Ridge each and jointly recognize the benefit of
wheeling services being provided by Schertz.
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes an Interlocal Agreement with
the City of Garden Ridge regarding Sewer Capacity and Wheeling generally per the attached
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 adopted as a
part of the 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 of the 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 of the 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 Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved. d
PASSED AND APPROVED on the - / "- day of , 2026.
CITY OF SCHERTZ, TEXAS
WIF- mc; F
'RalpXAodriguez, Ma
ATT T:
4
Sheila Edmond , City Secretary
Exhibit "A"
Interlocal Agreement with the City of Garden Ridge Regarding Sewer Capacity and Wheeling
INTERLOCAL AGREEMENT
Regarding Sewer Capacity and Wheeling
Between
The City of Schertz
and
The City of Garden Ridge
This INTERLOCAL AGREEMENT (this "Agreement") is entered into by and between THE CITY OF
SCHERTZ ("SCHERTZ") and THE CITYCI TYOF GARDEN RIDGE ("Garden Rid_: a"). Schertz and
Garden Ridge are each sometimes referred to herein as a "Party" and, collectively, as the "Parties."
RECITALS
WHEREAS, Garden Ridge is seeking to provide sanitary sewer treatment service to a portion of the city;
and
WHEREAS, the service area of Cibolo Creek Municipal Authority ("CCMA"), a conservation and
reclamation district that provides sanitary sewer treatment services, includes the portion of Garden Ridge
for which the city is seeking to provide sanitary sewer treatment service; and
WHEREAS, CCMA does not have sanitary sewer lines that run to the boundary of Garden Ridge; and
WHEREAS, the City of Schertz does have sanitary sewer lines, near Garden Ridge that do connect to
CCMA sanitary sewer lines; and
WHEREAS, for purposes of facilitating delivery of treated wastewater from Garden Ridge to CCMA's
sanitary sewer lines, Garden Ridge has requested that Schertz wheel the sanitary sewer flows from Garden
Ridge to CCMA's sanitary sewer lines; and
WHEREAS, Schertz and Garden Ridge each and jointly recognize the benefit of wheeling services being
provided by Schertz,
WHEREAS, Schertz has costs associated with maintaining and servicing its sanitary sewer lines; and
WHEREAS Schertz and Garden Ridge each and jointly recognize the reasonableness of Garden Ridge
paying a wheeling charge to Schertz for conveying sanitary sewer flows and having to maintain and operate
Schertz' sanitary sewer lines being utilized to convey those flows to CCMA's sanitary sewer lines; and
WHEREAS, certain sanitary sewer lines of Schertz need to be extended and upsized to be able to convey
Garden Ridge's sanitary sewer flows while still providing necessary sanitary sewer capacity in Schertz; and
WHEREAS both Schertz and Garden Ridge each and jointly recognize the reasonableness of Garden Ridge
paying for that capacity; and
WHEREAS, in the interest of providing a funding mechanism for Garden Ridge to pay Schertz for wheeling
and upsizing costs, Schertz and Garden Ridge desire to enter into this interlocal cooperative agreement as
authorized by the Interlocal Cooperation Act located at Chapter 791 of the Texas Government Code; and
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WHEREAS, adoption of this Agreement is hereby found and determined to be in the best interest of Schertz
and Garden Ridge.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and
subject to the terms and conditions hereinafter set forth, Schertz and Garden Ridge, intending to be bound,
agree as follows:
Article 1. Sanitary Sewer Conveyance Capacity.
1.1 Schertz agrees to allow Garden Ridge to convey up to 183,750 gallons per day of capacity through
Schertz sanitary sewer lines to the CCMA take point. 183,750 gallons per day equates to 750 Land
Use Equivalents ("LUEs") based on the standard of 245 Gallons Per Day C gpd'). Discharge to the
system will be metered and actual flows will be evaluated monthly.
1.2 Notwithstanding any other terms of this Agreement, Garden Ridge agrees to make timely
investigation and cause repair to be made to its collection and conveyance system if inflow and
infiltration or illicit discharges to Schertz' sanitary sewer line are suspected or detected.
1.3 Garden Ridge will be responsible for ensuring that the influent entering Schertz' sanitary sewer
line from Garden Ridge complies with Schertz' and CCMA's pretreatment requirements. Garden
Ridge agrees to enforce these pretreatment requirements and take such action as is necessary to
control the strength of raw industrial sewage reaching Schertz' sanitary sewer line in order that the
quality of discharge from the CCMA sewer treatment plant as required by any permit may be
maintained. Garden Ridge will assist and cooperate in good faith at all times to ensure compliance
with applicable federal state and local regulations and permit requirements, including any request
for information and records.
1.4 Payment for the sanitary sewer capacity shall be made by Garden Ridge to Schertz prior to issuance
of building permits or time of tap purchases, whichever occurs first, for development that will
convey sanitary sewer flows through Schertz' sanitary sewer lines. Payment shall be in an amount
equal to the Schertz Sewer Impact fee that would be charged if the development were subject to
the City of Schertz Sewer Impact Fees, Article V Water and Wastewater Capital Recovery Fees in
effect as of the effective date of this Agreement or as may be increased in the future. The Schertz
Sewer Impact Fee as of the effective date of this Agreement is outlined in Exhibit "A".
1.5 Capacity through Schertz wastewater sewer lines for the full 750 LUEs shall be available to begin
receiving flows from Garden Ridge by no later than January 1, 2028. Schertz may allow flows prior
to that if in their sole determination excess capacity is available to accommodate flows from Garden
Ridge.
1.6 All payments by Garden Ridge under this Article 1 shall be paid using current revenue available to
Garden Ridge.
Article 2. Payment for Wheeling Services.
2.1 Garden Ridge agrees to compensate Schertz for wheeling services as follows:
(a) Wheeling Charge and Payment. Beginning the fast year after Garden Ridge sends sewer flows
through the Schertz sanitary sewer lines, Garden Ridge will pay Schertz, on an annual basis by March 1 of
each year, a fee equal to Thirty -Four cents ($0.34) per the estimated average daily gallons of flow for the
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prior calendar year. The average daily gallons of flow will be based on the anticipated flows from time of
payment of the fee for sanitary sewer capacity. Schertz agrees to invoice Garden Ridge generally by
February 1 of each year. Metered flow rates will be used to adjust the estimated annual average daily flow
amount with agreement of both Schertz and Garden Ridge.
(b) Wheeling Charge Annual Increase. The wheeling charge will increase by 3% each year.
(c) All payments by Garden Ridge under this Article 2 shall be paid using current revenue available to
Garden Ridge.
Article 3. Term.
3.1 Unless earlier terminated pursuant to Section 3.2, this Agreement shall commence on the date upon
which the last of Garden Ridge or Schertz, acting on behalf of their respective governing bodies,
signs this Agreement, and automatically expires in twenty (20) years.
3.2 Schertz or Garden Ridge may terminate this Agreement upon three (3) years' written notice of
termination.
Article 4. Miscellaneous.
4.1 Entire Agreement. This Agreement sets forth the entire understanding of the Parties with respect
to payments by Garden Ridge to Schertz for wheeling charges and for sewer capacity to be
provided. This Agreement supersedes all prior understandings, representations, correspondence
and discussions, whether written or oral, concerning the subject matter of this Agreement.
4.2 Modification. This Agreement may be amended or modified only by a separate writing executed
by the Parties and approved by their respective governing bodies at a meeting conducted in
accordance with the Texas Open Meetings Act.
4.3 Force Majeure. If by reason of Force Majeure Schertz shall be rendered wholly or partially unable
to carry out its obligations under this Agreement, then if Schertz gives 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 Schertz hereunder, so far as it is affected by Force
Majeure, shall be suspended during the continuance of the inability then claimed, but for no longer
period, and Schertz shall endeavor to remove or overcome such inability with all reasonable
diligence and dispatch. The term "Force Majeure" as used in this Agreement 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, lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions,
breakage or accidents to machinery or pipelines, partial or entire failure of water supply, or on
account of any other causes not reasonably within control of the Party claiming such inability.
4.4 Mandatory Mediation. Anything to the contrary herein notwithstanding, it is agreed that, prior to
and as a condition precedent to commencing any action, suit or legal proceeding (collectively called
a "Proceedinc") for the enforcement or interpretation of this Agreement, save and except an action
for specific performance of a Party's payment obligations under Sections 2.1(a) or 2.1(b), the
Parties shall first participate in non -binding mediation. It is agreed that in the event that a Party
commences any Proceeding other than an action seeking specific performance as described in the
preceding sentence, then the Court shall abate such proceeding until such time as mediation is
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completed and shall further assess against the Party that filed the Proceeding in violation of this
provision all costs and reasonable attorney's fees incurred by the Party who did not bring the
Proceeding.
4.5 Remedies. In the event that a Party hereto is determined by the other Party to be in default of an
obligation under this Agreement, and such Party fails to cure the alleged breach within ten (10)
days following delivery of written notice from the non -defaulting Party specifying the default, then
the non -defaulting Party may, strictly subject to the mandatory provisions of Section 4.5, exercise
any rights and remedies available at law. It is not intended hereby to specify (and this Agreement
shall not be considered as specifying) an exclusive remedy for any default, and all remedies (other
than termination) existing at law or in equity may be availed of by any Party hereto and shall be
cumulative.
4.6 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the Parties created hereunder are
performable in Guadalu-,e County, Texas. Venue for any action arising under this Agreement shall
lie in the state district courts of Guadalupe County, Texas.
4.7 Notices. Any notice, communication, request, or reply (collectively called "Notice") required or
permitted to be given, made or accepted by any Party must be in writing and may be given by
depositing the same in the United States mail postpaid and registered or certified and addressed to
the Party to be notified, with return receipt requested, or by delivering the same to the City Manager
of such Party, addressed to the Party to be notified. Notice deposited in the mail in the manner
described herein shall be conclusively deemed to be effective from and after the expiration of three
(3) days after it is so deposited. For the purposes of notice, the addresses of the Parties hereto shall,
until changed as hereinafter provided, be as follows:
If to Schertz, to: Steve Williams, City Manager
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Phone: 210-619-1000
With Copy to: Denton, Navarro, Rocha, Bernal, & Zech
Attn. T. Daniel Santee
2517 N. Main Avenue
San Antonio, TX 78212
Phone: 210-227-3243
If to Garden Ridge, to: Ryan Rapelye, City Manager
9400 Municipal Parkway
Garden Ridge, TX 78266
Phone: 210-651-6632
With Copy to: Langley & Banack, Inc.
Attn. Marc J. Schnall
745 E. Mulberry Ave., Suite 700
San Antonio, TX 78212
Phone: 210-253-7108
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The Parties shall have the right at any time to change their respective addresses and each shall have the
right to specify as its address any other address by at least ten (10) days' written notice to the other Party
hereto.
4.8 Approvals and Consents. Unless otherwise provided herein, any approval or consent required by
the provisions of this Agreement by a Party shall be evidenced by a written resolution adopted by
the governing body of the Party giving such approval or consent. Upon receipt of such written
resolution duly certified by the appropriate Party, the opposite Party may conclusively act on the
matter requiring such approval.
4.9 No Waiver. No waiver or waivers of any breach or default by a Party hereto or of performance by
any other Party of any duty or obligation hereunder shall be deemed a waiver thereof in the future,
nor shall any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches
or defaults of any kind, character, or description, under any circumstance.
4.10 Severability. The Parties agree that in case any one or more of the articles, sections, subsections,
provisions, clauses, or words of this Agreement are, should be, or are held to be, for any reason,
invalid or unconstitutional under the laws of the State of Texas or the United States of America, or
in contravention of any such laws, then such invalidity, unconstitutionality, or contravention shall
not affect any other articles, sections, subsections, provisions, clauses, or words of this Agreement
or the application of the same to any other situation or circumstance, and it is intended that this
Agreement shall be severable and shall be construed and applied as if any such invalid or
unconstitutional article section, subsection, provision, clause, or word had not been included herein,
and the rights and obligations of the Parties shall be construed and remain in force accordingly.
4.11 No Assignment. No Party may assign any right, duty, obligation or interest it may have under this
Agreement to any other person, entity or party.
4.12 State or Federal Laws, Roles, Orders, or Regulations. This Agreement is subject to all
applicable federal and state laws and any applicable permits, ordinances, rules, orders, and
regulations of any local, state, or federal governmental authority having or asserting jurisdiction,
but nothing contained herein shall be construed as a waiver of any right to question or contest any
such law, ordinance, order, rule, or regulation in any forum having jurisdiction.
4.13 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies
have caused this Amendment to be duly executed as of the Effective Date fast above written.
{Signature pages to follow}
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Si :nature Page to Interlocal Agreement
This Agreement has been executed by the Parties as of the dates of the Acknowledgments to be effective
as of the Effective Date.
City
City of Garden Ridge,
a Texas municipal corporation
By:_
Name:
Date:
Ryan Rapelye, its City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of , 2026, by Ryan
Rapelye, City Manager of the City of Garden Ridge, Texas, a Texas municipal corporation, on behalf of
said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission expires:
6
306140002 1 4933-9331-7549, v. 1
Si nature Page to Interlocal A reement
This Agreement has been executed by the Parties as of the dates of the Acknowledgments to be effective
as of the Effective Date.
City:
CITY OF SCHERTZ,
a Texas municipal corporation
By:_
Name:
Date: _
Steve Williams, its City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of �, 2026, by Steve
Williams, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said
City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission expires:
7
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Exhibit "A"
City of Schertz Sewer Impact Fees
SEWER COLLECTION IMPACT FEE
Meter Size
Meter Type
5l8"
MULTI -JET
1.0
$ 5,556.00
3l4"
MULTI -JET
1.3
$ 7,222.80
1"
MULTI -JET
2.0
$ 11,112.00
2"
ULTRASONIC
16.7
$ 92,785.20
3"
ULTRASONIC
33.3
$ 185,014.80
4"
ULTRASONIC
66.7
$ 370,585.20
6"
ULTRASONIC
106.7
$ 592,825.20
8"
ULTRASONIC
186.7
$ 1,037,305.20
10"
ULTRASONIC
366.7
$ 2,037,385.20
12"
ULTRASONIC
366.7
$ 2,037,385.20
NOTE: Town of Garden Ridge is Responsible for Paying any Impact Fees Due to CCMA.
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