HomeMy WebLinkAbout1997-039S \WPDOCS\ORD\ARGYLEWW ORD
ORDINANCE NO / l)
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
COOPERATIVE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ARGYLE,
TEXAS AND CITY OF DENTON, TEXAS RELATING TO COMMON WASTEWATER
CERTIFICATE OF CONVENIENCE AND NECESSITY AREAS, PROVIDING FOR DUAL
WASTEWATER CERTIFICATION FOR TWO OVERLAY AREAS, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to
execute an interlocal cooperative Memorandum of Agreement Between
the City of Argyle, Texas and City of Denton, Texas Relating to
Common Wastewater Certificate of Convenience and Necessity Areas,
providing for dual wastewater certification for two overlay areas,
a copy of which Agreement is attached hereto and incorporated by
reference herein
SECTION II That this ordinance shall become effective
immediately upon its passage and ,a/pproval
PASSED AND APPROVED this the ry -/- day of ; 1997
JA MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ^
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF ARGYLE, TEXAS
AND
CITY OF DENTON, TEXAS
RELATING TO
COMMON WASTEWATER CCN AREAS
WHEREAS, The City of Argyle (Argyle), Texas, is a general law city incorporated under the
Texas Local Government Code, and
WHEREAS, The City of Denton (Denton), is a home rule city having a contiguous boundary with
Argyle in the vicinity of Gibbons Road and Hickory Hill Road, and
WHEREAS, Argyle has made application (Application No 31427-C) to the Texas Natural
Resource Conservation Commission (TNRCC) to obtain a Wastewater Certificate of Convenience
and Necessity (CCN), and
WHEREAS, Argyle's TNRCC Wastewater CCN application is inclusive of its corporate city
limits and extraterritorial jurisdiction, and
WHEREAS, Denton currently holds a Wastewater CCN (Certificate No 20072) from the
TNRCC, and
WHEREAS, TNRCC records show that Denton's wastewater certificated area encroaches within
Argyle's corporate limits in two (2) small areas located near Gibbons Road and Hickory Hill
Road, and
WHEREAS, These minor encroachments result in an overlap with Argyle's requested wastewater
certificated area set forth under TNRCC Application No 31427-C, and
WHEREAS, Argyle does not object to Denton holding a wastewater certificate for the two (2)
small overlap areas, and
WHEREAS, Denton does not object to Argyle becoming certified by the TNRCC to provide
wastewater service in the two (2) small overlap areas, as they exist within Argyle's corporate
limits, and
WHEREAS, TNRCC rules and regulations provides for dual wastewater certification of a defined
geographic area between two wastewater purveyors, and
WHEREAS, Denton does not desire to provide retail wastewater service within Argyle's
corporate limits
NOW, THEREFORE IT BE AGREED BETWEEN THE CITY OF ARGYLE AND THE
CITY OF DENTON THAT:
Paragraph I Overlap Areas
The overlap areas are inclusive of the two small parcels of land that generally exists east of
Gibbons Road and south of Hickory Bill Road These parcels, specifically shown on the map
contained in Attachment I, are located within Argyle's corporate limits and within Denton's
Wastewater Certificated Area as licensed by the TNRCC under CCN No 20072
Paragraph 2 Joint Agreement
By execution of this Memorandum of Agreement, Denton and Argyle agree to dual wastewater
certification within the two overlap areas, if such dual certification is granted by the TNRCC If
the TNRCC does not grant dual wastewater certification within the two overlay areas, the subject
parcels shall remain solely certified to Denton for wastewater service
Paragraph 3 Future Actions
If the TNRCC grants dual wastewater certification to Argyle and Denton for the subject areas
described in Paragraph 1 above, Argyle and Denton agree to work cooperatively in future
wastewater CCN applications submitted to the TNRCC by either party to de -certify Denton's
CCN from the subject areas that reside in Argyle's corporate limns
Paragraph 4 Execution
City of nton of Argyle
(� V
Attest t
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