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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY:~~~~rQ h ~phn~~ OFFICE:
MEETING DATE: ~~ ~s~ 1 ®~ ~„ Apr TIME PREFERRED:
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SUBJECT: ~l ~ ~K ~~~ ~,.~~r a~~~ ~ ~ ~ ~` ~~s
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) N--O
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NAME OF :PERSON ADDRESSING A HE COURT: e.~r~ h ~ e ~n ~ ~~'" `~
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ESTIMATED LENGTH OF PRESENTATION: ~ E~ m ~ n~.~e.S
IF PERSONNEL MATTER -NAME OF EMPLOYEE: 1V ~
Time for submitting this request for Court to assure that the matter is posted in
accoadance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
MEMORANDUM OF UNDERSTANDING
By and Between
AQUA TEXAS, INC. and WIMBERLEY VOLUNTEER FIRE DEPARTMENT
WHEREAS, Aqua Texas, Inc. (hereinafter "Aqua Texas") owns and operates water distribution
systems {"Systems") within the Wimberley Volunteer Fire Department (hereinafter "WVFD")
service area;
WHEREAS, Aqua Texas and WVFD mutually acknowledge and agree that Aqua Texas does not
provide fire protection or suppression service, that Aqua Texas' Systems are not designed for
such uses and may not always be capable of supplying water in sufficient capacity for fire
fighting;
WHEREAS, the TCEQ Rate Tariff applicable to Aqua Texas states that Aqua Texas, "is not
required by law, and does not provide fire prevention or fire fighting services. [Aqua Texas] therefore
does not accept',liability for fire-related injuries or damages to persons or property caused or aggravated
by the availability (or lack thereof) of water or water pressure (or lack thereof) during fire emergencies."
WHEREAS, WVFD wishes to utilize water from the Systems;
WHEREAS, VWFD and Aqua Texas acknowledge and agree that Aqua Texas will allow WVFD
to utilize the System on an as is, where is basis;
WHEREAS, Hydrants/Flush Valves (hereinafter "Hydrants") in the Systems provide the best
point of access for WVFD and Aqua Texas is willing to provide WVFD access to the Systems
through those Hydrants upon the terms and conditions stated herein; and
WHEREAS, the Hydrants in the Systems are painted black and the parties wish to clarify certain
confusion that has resulted from the passage of HB 1717, sometimes referred to as the Black Fire
Hydrant Law;
NOW THEREFORE, it is hereby RESOLVED, UNDERSTOOD, and AGREED that:
1. WVFD may utilize Aqua Texas' Systems by refilling WVFD pumper trucks through an
air gap connection to Hydrants in the System. WVFD acknowledges and agrees that this
Memorandum of Understanding shall not be construed as a warranty as to the suitability
or availability of either the System or any Hydrant for fire suppression or that the
Systems meets the requirements for fire suppression under HB 1717.
2. WVFD acknowledges that fire protection and suppression activities may result in
damages to Aqua Texas' Systems. WVFD is responsible and liable for any damage to the
System caused by its negligent operation of a Hydrant and/or the taking of water for fire-
fighting purposes. WVFD shall immediately notify Aqua Texas if such damage occurs..
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Aqua Texas will, in cooperation with WVFD, make reasonable efforts to maintain
Hydrants in good working order. However, Aqua Texas does not warrant any particular
performance standard, and shall not be liable to WFVD or any third party for the
failure of any Hydrant, or the distribution system, to deliver any particular level of water
flow during an emergency.
4. Aqua Texas and WVFD will reasonably cooperate to determine the flows at Hydrants
within the Systems. In the event that Aqua Texas and WVFD are able to obtain approval
to do so from TCEQ, Aqua Texas will paint the body of all Hydrants black, with the top
portion (normally referred to as the bonnet) painted as indicated below:
Gallons Per Minute (GPM)	Color
1000 GPM or Greater	Green
S00 GPM to 1000 GPM	Yellow
< 500 GPM	Red
Should ,any Hydrant not have a bonnet suitable far indicating its supplying GPM, the
entire Hydrant shall be painted black pursuant to the laws of the State of Texas. WVFD
and Aqua Texas acknowledge and agree that painting a bonnet in the manner noted above
does not warrant that such flows will always be available through that Hydrant and that
variables in usage within the Systems may at times reduce the flow rate.
5. Aqua Texas will exercise reasonable efforts to mark a Hydrant that is temporarily out of
service or under construction by covering it with a black tarp or colored bag labeled "Out
of Order".
6. The WVFD will supply a monthly water usage statement to Aqua Texas for water used
during an emergency for the sole purpose of assisting Aqua Texas in accounting for water
supply losses. This water usage statement shall be provided to the local Aqua Texas
office by the Sa' of every month. WVFD acknowledges that reports of such usage are
needed by Aqua to account for groundwater withdrawal to its regulatory agency.
7. The WVFD will not be charged for use of Aqua Texas' water supply used by WVFD in
connection with fire suppression.
8. Either party to this Memorandum of Understanding may terminate this Memorandum of
Understanding at any time, with or without cause.
9. Termination shall be by written notice provided a minimum of thirty (30) days in advance
of the date of termination.
10. Termination is the sole remedy for breach of any and all obligations under this
Memorandum of Understanding, whether any such obligation is express or implied. No
third party rights are created under this Agreement.
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11. This Memorandum of Understanding is the sole agreement between the parties. No
modification of this Memorandum of Understanding will be of any force or effect
whatsoever unless such modification shall be in writing and signed by both parties.
12. The signatories hereto represent and affirm that each has full authority to execute this
Memorandum of Understanding on behalf of the party indicated below.
EXECUTED AND AGREED TO in duplicate originals by the parties hereto.
Date: day of , 2008.
WIMBERLEY VOLUNTEER FII2E DEPARTMENT
By:
print name:
Title:
AQuA TEXAS, INC.
By:
(priirt name:
Title:
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