HomeMy WebLinkAboutResolution - 2020-R0101 - Interlocal Agreement With TTU And TTUHSC For Stormwater Management - 03/24/2020 Resolution No. 2020-RO 101
Item No. 7.11
March 24, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, an Interlocal Agreement for stormwater management of the
municipal separate storm sewer systems (MS4s), by and between the City of Lubbock and Texas
Tech University (TTU) and Texas Tech University Health Sciences Center (TTUHSC), Texas,
and related documents. Said Agreement is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on March 24. 2020_
DANIEL M. POPE, MAYOR
ATTEST:
_Q2 A
Reb ca Garza, City Secre ary
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant ity Manager
APPROVED AS TO FORM:
1�&'( 0�_ -
elli Leisure, Assistant City Attorney
ccdocs/RES.Interlocal Agreement-TTU &TTHSC _MS4
03.03.20
City of Lubbock
CON2533797
Resolution No. 2020-RO 101
STORMWATER MANAGEMENT AGREEMENT
This Agreement(the"Agreement") is entered into on this 20th day of February, 2020, by
and between the CITY OF LUBBOCK, hereinafter referred to as the "City", and TEXAS TECH
UNIVERSITY SYSTEM, hereinafter referred to as the "System", TEXAS TECH UNIVERSITY,
Lubbock campus hereinafter referred to as "TTU" and TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER, Lubbock campus hereinafter referred to as
"TTUHSC".
WHEREAS the United States Environmental Protection Agency (EPA) has
promulgated regulations requiring National Pollutant Discharge Elimination System (NPDES)
permits for stormwater discharges to waters of the United States to be obtained by all operators of
municipal separate storm sewer systems (MS4s) located in an incorporated area with a
population of 100,000 or more; and
WHEREAS the Texas Commission on Environmental Quality (TCEQ) issues,
administers, and enforces the Texas Pollutant Discharge Elimination System (TPDES)
stormwater permits in Texas; and
WHEREAS both the City,TTU and TTUHSC own and operate MS4s requiring TPDES
pen-nits; and
WHEREAS under 40 CFR §122.26(a)(3)(iii) the operators of a MS4 which is part of a
larger system may participate in a TPDES permit application by being co-applicants (to be co-
permittees); and
WHEREAS the City and the System, as agent for TTU and TTUHSC, participate in a
co-application in order to obtain a TPDES permit as co-pennittees; and
WHEREAS, the City, the System, as agent for TTU and TTUHSC, desire to set forth
their respective rights, responsibilities and obligations as co-permittees, for the operation of
their respective MS4s, and the implementation of their respective stornwater management
programs pursuant to said TPDES permit.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements hereinafter set forth and in consideration of the mutual benefits to be realized by
the City, the System, TTU, and TTUHSC, (hereinafter sometimes referred to in the singular as
"Party" or collectively as "Parties"), the City, the System, TTU, and TTUHSC hereby agree as
follows:
1. TTU and TTUHSC,and not the City,are responsible for the operation and maintenance of
all property and MS4 on property owned by TTU and TTUHSC in the City of Lubbock,
Texas except to the extent otherwise provided in State statute or regulations or in another
agreement between the System, TTU,TTUHSC, and the City;
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2. The City, and not the System, TTU or TTUHSC, is responsible for the operation and
maintenance of the MS4 within the corporate boundaries of the City,with exception to that
belonging to TTU or TTUHSC;
3. Each of the Parties is responsible for the construction, operation, maintenance, and
inspection of storm drainage facilities that it owns and operates in accordance with the
TPDES permit, except to the extent otherwise provided in state statute or regulation or in
a municipal maintenance agreement between the System, TTU,TTUHSC, and the City;
4. The Parties shall comply with the TPDES permit terms that are applicable to their
respective MS4 operations;
5. Each of the Parties shall implement and update its own proposed stormwater management
program to TCEQ in accordance with the TPDES pen-nit, and each shall be responsible for
its own management program elements that are approved by the TCEQ and conditions of
the co-permit;
6. The Parties shall each adopt and implement procedures to investigate, detect, and abate
illicit connections and other unlawful discharges and improper disposal into the MS4 that
each party respectively operates. The City,TTU, and TTUHSC shall assist one another in
tracking illicit discharges that may originate on, or flow through, property within their
jurisdiction before entering the jurisdiction of the other;
7. The Parties agree to use all reasonable efforts to regulate and otherwise control, to the
extent of its jurisdiction and authority, all sources of pollution in stonnwater discharged
onto one another's property from off their property, insofar as required by the terms of the
Parties' stonnwater management program that are made conditions of the TPDES pennit;
8. Where illicit discharges to TTU or TTUHSC MS4 are involved, the City, TTU, and
TTUHSC shall consult with each other on water quality problems attributable to a third
party;
9. Where an illegal stonnwater discharge is identified or suspected, the City, TTU, and
TTUHSC will coordinate so as to arrive at a mutually acceptable response to minimize or
eliminate the water quality problem;
10. If any permits, licenses, or similar authorizations or agreements are executed by TTU or
TTUHSC allowing or controlling utility line construction, operation, or maintenance
within TTU or TTUHSC property (such as for telephone, natural gas, petroleum,
electricity, water, or wastewater services), TTU and TTUHSC shall require compliance
with all city, state, and federal laws controlling erosion, sedimentation, and other
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contributions of pollutants to the MS4 by stormwater discharges associated with
construction, operation, or maintenance of said utility lines;
11. TTU and TTUHSC recognize that the City may enforce any ordinance or municipal
regulation controlling the contribution of pollutants to its MS4 against any person, other
than the System, TTU, TTUHSC , their employees, or their agents, engaged in the
construction, operation, or maintenance of a utility line or other facility on TTU or
TTUHSC property;
12. Upon reasonable prior notice to TTU and TTUHSC, the City shall have the authority to
enter TTU and TTUHSC property to conduct inspections, sampling, records examination,
and other activities reasonably related to monitoring compliance with municipal laws
controlling stormwater pollution, except when emergency conditions make such prior
notice infeasible or impractical or if no potential for disruption of operations exists;
13. If either of the Parties become aware of a spill, disposal, leak,discharge or other release of
oil or any hazardous substance in an amount that may be harmful,and that may flow, leak,
enter, or otherwise be introduced into the MS4 operated by the other, the City, TTU, or
TTUHSC shall promptly notify the other Party of the incident,describing the location and
source of the release, the type of substance, the concentration and the volume (if known),
and any corrective action to be taken;
14. The City, TTU, and TTUHSC shall each conduct on-going dry-weather field screening
and wet-weather monitoring required by the TCEQ to be performed on the property of each
of the Parties within the corporate limits of the City as a condition of the TPDES permit
Part N(A)(1), issued to the City and the System,as agent for TTU and TTUHSC, for their
MS4 discharges;
15. Any studies reports, monitoring results, and other information concerning stormwater
discharges, pollution, or runoff that are prepared by either Party shall be made available
for inspection by the other Party upon request;
16. TTU and TTUHSC shall participate in a public awareness program with the City to create
and implement the program;
17. To the extent permitted by law, the City agrees to indemnify and hold the System, TTU
and TTUHSC harmless for any monetary fines or penalties imposed against TTU or
TTUHSC because of the TPDES permit violations resulting from stormwater discharges
for which the City is responsible under this Agreement or any element of the City's
stormwater management program that is incorporated into the TPDES permit;
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18. To the extent pennitted by law, TTU and TTUHSC agree to indemnify and hold the City
harmless for any monetary fines or penalties imposed against the City because of TPDES
permit violations resulting from stormwater discharges for which TTU or TTUHSC is
responsible under this Agreement or any element of the TTU or TTUHSC's stormwater
management program that is incorporated into the TPDES permit.
19. This Agreement becomes effective upon final signatures of the City, TTU, and TTUHSC
and shall remain in effect for the duration of TPDES pen-nit number WQ00047730000,and
may be renewable by written agreement of the Parties upon receipt of each future TPDES
permits wherein the Parties are co-permittees.
20. This Agreement may be terminated upon:
a. Mutual consent of the Parties, and with the prior approval of the TCEQ to so
terminate;
b. Failure of either Party to fulfill its responsibilities and obligations as set forth in this
Agreement, and with the prior approval of the TCEQ to so terminate; or
c. For convenience of either Party upon one hundred-twenty (120) days notice.
21. If termination is due to the failure of a Party to fulfill its obligations under this Agreement,
that Party shall be notified in writing that a breach of contract has occurred, and the non-
complying Party shall then have 30 days to remedy the breach before this Agreement is
terminated;
22. All references herein to the TCEQ as the governmental agency issuing and enforcing the
TPDES permit, approving any element of a stormwater management plan, approving
tennination of this Agreement, or otherwise affecting this Agreement shall be deemed to
mean,as well,any other federal or state agency that may succeed to the TCEQ's authority;
23. If the System,TTU or TTUHSC enters into an agreement with any other city that provides
the terns and conditions of co-application for an TPDES permit for operation of MS4s by
the System, as agent for TTU or TTUHSC, and that other city, and if the City of Lubbock
deternines that any term or condition of the agreement between the System, TTU or
TTUHSC and that other city would be preferable to any tern or condition of this
Agreement(in the City's sole discretion to make that determination),either by inclusion or
exclusion of terms or by the use of different terns, then the System, TTU and TTUHSC
agree to amend this Agreement, upon the City's request, to substitute or incorporate any
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such preferred terns or condition of that other contract, or to delete any term or condition
from this Agreement which is not imposed on the other city in the other agreement.
24. This Agreement contains a complete expression of the agreement between the Parties,and
there are no promises, representations, or inducements except as herein provided, and the
terns of this Agreement cannot be modified or amended except by the written agreement
of the Parties hereto;
25. The failure by either Party to exercise any right, remedy, or enforcement of any term or
condition of this Agreement in any instance shall not be deemed to constitute a waiver of
that Party's entitlement to exercise that right,remedy,or enforcement in the future; and
26. In case any one or more of the provisions contained in this Agreement shall for any reason
be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
27. This Agreement and all of the rights and obligations of the Parties and all of the terms and
conditions under this Agreement will be construed, interpreted, and applied in accordance
with, governed by, and enforced under the laws of the state of Texas. Lubbock County,
Texas, will be the sole proper place of venue for any proceeding concerning a dispute
arising out of this Agreement.
28. To the extent applicable under Texas law, the dispute resolution process provided for in
Texas Government Code, Chapter 2260,will be used by the System, TTU, TTUHSC, and
City in an attempt to resolve any unresolved claim for breach of this Agreement arising
under this Agreement and made by the City.
29. Under §2155.0061, Texas Government Code, the City certifies that the individual or
business entity named in the Agreement is not ineligible to receive the specified Agreement
and acknowledges that the Agreement may be terminated and payment withheld if this
certification is inaccurate.
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IN WITNESS WHEREOF, this Agreement is effective as of the date of execution.
CITY OF LUBBOCK TEXAS TECH UNIVERSITY
Signature: —� -X)
Noel Sloan([:e 2q 2020)
Email: noel.a.sloan@ttu.edu
DANIEL M. POPE, MAYOR Noel Sloan, Vice President Administration and
Finance & CFO
TEXAS TECH UNIVERSITY HEALTH
ATTEST: SCIIEENCES CENTER
r
Penny Harkey(Feb 24,2020
Reb cGarza, City Se etas Penny Harkey, Vice President & CFO
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director-of
Engineering/City Engineer
-�� C� U'�
Trenia Harris, CPMSM, Stormwater Program Manager
APPROVED AS TO FORM:
Vell1i Leisure, Assistant City Attorney
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TTU/TTUHSC Stormwater Management agreement