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HomeMy WebLinkAbout1996-042J \NPDOCS\ORD\UPTRINIT ORD ORDINANCE NO. (P- 0 40 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE USE OF FORMER MISSOURI PACIFIC RAILROAD RIGHT-OF-WAY FOR OPERATION AND MAINTENANCE OF A WASTEWATER LINE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an Agreement between the City of Denton and the Upper Trinity Regional Water District for the use of the former Missouri Pacific Railroad Right -of -Way in the vicinity of the City of Corinth, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 'I' day of 1996. BOB CASTLEBERRY, MAY 72 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A/46&o APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 7 02/14/96 15 02 UPPER TRINITY RWD NO 125 IP07 INTERLOCAL AGREEMENT BETWEEN CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT CONCERNING USE OF FORMER MISSOURI PACIFIC RAILROAD RIGHT OF WAY THE STATE OF TEXAS $ COUNTY OF DENTON THIS INTERLOCAL AGREEMENT FOR USE OF FORMER UNION PACIFIC RAILROAD RIGHT OF WAY AND FOR OPERATION AND MAINTENANCE OF A WASTEWATER LINE (the "Agreement") Is made and entered into as of thae2Q�day of _ 1996, by and between the CITY OF DENTON ("Denton"), a municipal corpora n of the State of Texas, and the UPPER TRINITY REGIONAL WATER DISTRICT ("District"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas WHEREAS, Denton is a duly incorporated city of the State of Texas operating under the Constitution and laws of the State of Texas; and WHEREAS, Denton Is a Participating Member of the District, and is represented on the Board of Directors of the District, and WHEREAS, the District was created to provide water and wastewater services to cities and water utilities of the Denton County area, and WHEREAS, Denton is participating in services of the District and is providing services to the District; and WHEREAS, the District Is developing a regional wastewater system for Participating Members generally in an area adjacent to the service area of Denton, 02/14/96 15 03 UPPER TRINITY RWD NO 125 PO4 which system is planned to include a wastewater treatment plant, pump stations, collection/transmission lines, and metering facilities, and WHEREAS, Union Pacific Railroad heretofore has granted to Denton certain rights to use and control specific segments of right of way previously used for railroad purposes; and WHEREAS, District desires to use for Its Regional Wastewater System a portion of right of way previously obtained by Denton from Union Pacific Railroad in the vicinity of City of Corinth; and WHEREAS, the District and Denton are authorized to enter Into this Agreement pursuant to the District's enabling statute, H B 3112 (1989 regular session of the Texas Legislature) and the Texas Government Code, Chapter 791 (the "Interlocal Cooperation Act"), and other applicable laws. NOW THEREFORE, for and In consideration of the promises and mutual covenants and undertakings of the parties hereto, the sufficiency of which Is hereby acknowledged and agreed upon, Denton and the District agree as follows. Section 1.1 Use of Riaht of Way. In consideration of the District, through the construction of the regional wastewater system referenced above, reducing the high level of wastewater discharge entering Denton's Lift Station serving the City of Corinth, Denton does hereby grant to District the right to use a portion of the existing Denton right of way generally described as the former Union Pacific Railroad right of way for the purposes stated herein, The portion that may be used by District is in the vicinity of the City of Corinth. The District's use is limited to water and wastewater lines Initial authorized use is for a wastewater line from City of Corinth Burl Street Lift Station to the southern terminus of Denton's right of way where it joins existing right of way that remains under control of Union Pacific Railroad, Exhibit A to this Agreement sets forth the area of authorized use during construction, operation and maintenance General alignment of the wastewater pipeline is indicated on Drawings Number P-1 and P-2 attached to Exhibit A If District desires to Install a water line or a parallel wastewater line in the future, the District must first obtain the written 2 - 0 VVWn4 ntl dl wn 02/14/96 15 03 UPPER TRINITY RWD N0 125 905 approval of Denton. Section 12 Purr gg@, District is authorized to construct, operate, maintain and replace a wastewater line and related appurtenances in the area described In Exhibit A If additional uses are subsequently authorized by Denton, Exhibit A shall be supplemented to describe the facilities so authorized District, its employees and contractors shall have access to the right of way to carry out the purposes authorized herein Section 13 Prole tion of Denigp and Other Existing Facilities Denton owns and operates one or more water lines In said former Union Pacific Railroad right of way. Denton may Install additional utility facilities and may construct trails, hiking paths or other facilities District's use of the right of way is subject to senior rights of Denton; and, District shall take precaution to protect the facilities of Denton, to avoid damage or Interruption of service. If any facilities of Denton are damaged by District, It's employees, contractors or assigns, District shall be responsible for repair or replacement to restore said facilities to original condition Denton may Inspect the facilities being Installed by District, District shall restore the right of way to a condition as good as or better than original condition. Certain facilities, other than those owned by Denton, are located and operated within said former Union Pacific Railroad right of way, District shall take precaution to protect such existing facilities, to avoid damage or Interruption of service, If any such facilities are damaged by District, it's employees, contractors or assigns, District shall be responsible for repair or replacement to restore said facilities to original condition Section 1.4 Access. District shall, in cooperation with City of Corinth, provide an additional point of access to the subject right of way for use by Denton and District, City of Corinth has agreed to provide an access road and gate in accordance with the letter dated February 7, 1996, attached hereto as Exhibit B. Denton may, at Its sole option, construct a pedestrian and bicycle path on the surface of the ground over the alignment of the District's wastewater pipeline. Said path to be constructed - 3 - 4 W4%Mnk&*a lWNw n 02/14/96 15 04 UPPER TRINITY RWD NO 125 1?06 of flex -base material with a minimum compacted thickness of six inches and maximum width of twelve feet Section 15 Teri oT Uee District's right to use the right of way as specified herein is agreed by the parties to be a continuing right However, if District shall cease to use the right of way for purposes herein authorized, the District's rights as granted herein shall terminate, and the full right of control and use shall revert to Denton. This agreement is subject to the Line Sale Contract between Missouri Pacific Railroad Company and the City of Denton dated July 2, 1993, which incorporates compliance by Assignees of Denton with Section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). Pursuant to the above authority, District agrees, If required by Missouri Pacific Railroad Company for operation of Its railroad, at its own cost and expense, to adjust or remove any water or wastewater lines Installed by District under this Agreement, upon notice of the reactivation of the Missouri Pacific Right-of-way for purposes provided under said Act District agrees to indemnify and hold harmless City for any claims or damages which may arise against Denton by reason of the District adjusting or removing said water or wastewater lines by reason of such reactivation of the right-of-way for railroad purposes. Section 1.6 Force Maleure If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure In writing to the other parties within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as It is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch The term "Force Majeure" as employed herein 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, - 4 - O2/14/96 15 05 UPPER TRINITY RWD NO 125 DO? insurrection, roots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of electric power supply, or on account of any other causes not reasonably within the control of the party claiming such inability Section 1.7 Term of Agreement, This Agreement shall be effective on and from the date first above written, and shall continue in force and effect for thirty (30) years or for such period of time that pipelines installed hereunder remain in use, whichever is greater This Agreement constitutes the sole agreement between the parties hereto with respect to the use of said right of way Section 1.8 Addre sea and Notice Unless otherwise provided herein, any notice, communication, request, reply or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to any other party must be in writing and may be given or be served by depositing the some 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 an officer of such party, or by prepaid telegram when appropriate, addressed to the party to be notified Notice deposited in the mad in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated herein, from and after the expiration of three days after It is so deposited, Notice given In any other manner shall be effective only If and when received by the party to be notified For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows. If to the District to Executive Director Upper Trinity Regional Water District P 0 Drawer 305 Lewisville, Texas 75067 if to City of Denton to, City Manager City of Denton 216 East McKinney Street _ 6 - o wl�wneaw.ciwnan 02/14/96 15 05 UPPER TRINITY RWD NO 125 Poe Denton, Texas 76201 The parties hereto shall have the right from time to time and 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 fifteen (15) days' written notice to the other parties hereto Section 1.9 State or Fedora! Laws Rules 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, Section 1.10 Severabllity, The parties hereto specifically agree that In case any one or more of the sections, subsections, provisions, clauses or words of this Agreement or the application of such sections, subsections, provisions, clauses or words to any situation or circumstance should be, or should be held to be, for any reason, invalid or unconstitutional, under the laws or constitutions of the State or the United States of America, or in contravention of any such laws or constitutions, such Invalidity, unconstitutionality or contravention shall not affect any other sections, subsections, provisions, clauses or words of this Agreement or the application of such sections, subsections, provisions, clauses or words 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 section, subsection, provision, clause or word had not been included herein, and the rights and obligations of the parties hereto shall be construed and remain In force accordingly Section 1.11 Venue All amounts due under this Agreement shall be paid and be due in Denton County, Texas, which is the County In which the principal administrative offices of the District are located, It is specifically agreed among the parties to this Agreement that Denton County, Texas, is the place of performance of this Agreement; and In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Denton County, 02/14/96 15 06 UPPER TRINITY RWD NO 125 D09 Texas IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which Is the date of this Agreement 02/14/96 15 06 UPPER TRINITY RWU NO 125 G1U ATTEST: (AU1 HORITY SEAL) UPPERTRINITY REGIONAL WATER DISTRICT N%t 4Tomar:p:��o—ol, President, Board o rectors APPROVED AS TO FORM AND LEGALITY: John F, Boyle, Jr , Ge eral Counsel ATTEST: It Secret ry APPROVED AS TO LEGAL FORM' City Attorney CITY OF DENTON, TEXAS 8 G MupWn4mMact4Ntlmt rt Description of City of Denton Right -of -Way to be Used for Construction of Upper Trnnty Regional Water District Lakeview Regional Water Reclamation Project Phase i Pipeline Being a tract of land containing approximately 149 acres of land, being fifty (50) feet either side of the following described centerline Commencing at the center of the Abandoned Union Pacific Railroad Trestle located at approximately Pipeline Station 0-75 (Railroad Mile Post 729 4) and continuing in a southerly direction along the Railroad C uterlme to approximately Pipeline Station 5+75 (Railroad Mile Post 729 5) as indicated on the attached Drawings Number P-1 and P-2 Shirley Spellerberg, Mayor (817) 497-4145 Mr Robert Tickner Superintendent of Parks City of Denton 321 East McKinney Street Denton, Texas 76201 Dear Mr Tickner City of Corinth 2003 South Corinth Street Corinth, TX 76205 FAX (817) 321-4508 February 7, 1996 The City of Corinth has joined with the Upper Trinity Regional Water District (UTRWD) in a regional wastewater treatment project A part of the project involves upgrading Corinth's Burl Street Lift Station and laying a series of sewage Imes to transport sewage from the lift station to the existing wastewater treatment plant in Lake Dallas that is currently operated by the Lake Cities Municipal Utility Authority (LCMUA) A portion of the desired pipeline alignment (Burl Street Lift Station to Swisher Road) ties within the abandoned railroad right-of-way under the control of the City of Denton I understand that the City of Denton poses no objection to the use of the abandoned railroad right of way for this pipeline, but desires official vehicle access to the railroad right-of-way from the end of Burl Street The City of Corinth will construct a 12' flex -base access road from the end of Burl Street to the fencehne at the railroad right-of-way The access road will include one culvert and a single hung vehicle gate at the ROW fencelme The road can be constructed coincident with the pipeline construction or at such other tune as is mutually beneficial At such tune as the City of Denton is ready to complete the rails -to -trails park, the City of Corinth will work cooperatively with the City of Denton to achieve a mutually desirable trailhead If this is agreeable, please sign in the space below and return an original to me Sincerely, % Richard Huckaby City Administrator Copy to Tim Hassett CH2M Hill 5339 Alpha Road, Suite 300 Dallas, Texas 75240 Burl wpsftblw hd fityof r nton / Shirley Spellerberg, Mayor City of Corinth Corinth, TX 76205 (817) 4974145 2003 South Corinth Street FAX (817) 321-4508 February 7, 1996 Mr Robert Tickner Superintendent of Parks City of Denton 321 East McKinney Street Denton, Texas 76201 Dear Mr Tickner The City of Corinth has joined with the Upper Trinity Regional Water District (UTRWD) in a regional wastewater treatment project A part of the project involves upgrading Corinth's Burl Street Lift Station and laying a series of sewage Imes to transport sewage from the lift station to the existing wastewater treatment plant in Lake Dallas that is currently operated by the Lake Cities Municipal Utility Authority (LCMUA) A portion of the desired pipeline alignment (Burl Street Lift Station to Swisher Road) lies within the abandoned railroad right-of-way under the control of the City of Denton I understand that the City of Denton poses no objection to the use of the abandoned railroad right of way for this pipeline, but desires official vehicle access to the railroad nght-of-way from the end of Burl Street The City of Corinth will construct a 12' flex -base access road from the end of Burl Street to the fencelme at the railroad right-of-way The access road will include one culvert and a single hung vehicle gate at the ROW fencelme The road can be constructed coincident with the pipeline construction or at such other time as is mutually beneficial At such time as the City of Denton is ready to complete the rails -to -trails park, the City of Corinth will work cooperatively with the City of Denton to achieve a mutually desirable trailhead If this is agreeable, please sign in the space below and return an original to me Sincerely, kza--IQ4 Richard Huckaby City Administrator Copy to Tim Hassett CH2M Hill 5339 Alpha Road, Suite 300 Dallas, Texas 75240 Bunco Wflhhlco hd Title D, . ,I'i