Loading...
HomeMy WebLinkAbout1999-223ORDINANCE NO 99- as 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH, TEXAS PROVIDING FOR THE INSTALLATION OF WATER AND SEWER LINES WITHIN THE CITY LIMITS OF BOTH CITIES IN ORDER TO PROVIDE SERVICES TO THE BRYDEN ADDITION AND THE WYNNSTONE AT OAKMONT — PHASE I DEVELOPMENTS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, both the City of Denton and City of Corinth are municipalities and political subdivisions of the State of Texas that are authorized by law to enter into mterlocal cooperation agreements and contracts under Texas Government Code, Chapter 791, and WHEREAS, the City Council deems it in the public interest to enter into this Interlocal Cooperation Agreement with the City of Corinth, Texas in order to efficiently and economically, from both of the cities' standpoints, provide water and sewer service in two new residential subdivisions which are situated along and near the common boundary of the City of Denton and the City of Corinth, Texas as more particularly described by the Interlocal Cooperation Agreement, a copy of which is attached hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Council of the City of Denton hereby approves that certain Interlocal Cooperation Agreement by and between the City of Denton, Texas and the City of Corinth, Texas, a copy of which Agreement is attached hereto and incorporated by reference herewith for all purposes That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the said Interlocal Cooperation Agreement in substantially the form of the Agreement which is attached hereto S CTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this theAM day of 1999 JAC ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY �'.�� �W i -�'- — APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S \Our Documonts\Ordinances\99\W-W W Interlocal Coop Agrmt w Connth Ord doc THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERA PION AGREEMENT h 6e THIS AGREEMENT is made and entered into on the day of 1999, by and between the City of Denton, Texas, a Municipal Co ration, acting herein by and through its Mayor, duly -authorized by ordinance of the Denton City Council (hereinafter "DENTON"), and the City of Corinth, Texas, a Municipal Corporation, acting herein by and through its Mayor, duly -authorized by ordinance of the Corinth City Council (hereinafter "CORINTH") WHEREAS, DENTON and CORINTH are both local governments with the authority and the power to contract and to enter into Interlocal Cooperation Agreements in accordance with the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code, and WHEREAS, the purpose of this Agreement is to increase the efficiency and effectiveness of the local governments of DENTON and CORINTH, in a matter in which they are mutually interested in, which is their provision of water and wastewater/sewer services to their respective citizens in two new developments, which provision of such services is a governmental function or service, within the purview of Section 791 003 (3)(N) of the Texas Government Code, and DENTON and CORINTH desire to coordinate their respective activities so that they each may benefit from certain advantages and economies, while serving the needs of their respective citizens, and WHEREAS, DEN rON and CORINTH each provide water and wastewater/sewer services to their respective citizens within their corporate city limits as a governmental function and service, which serves the public health and welfare, benefits their respective citizens, and is of mutual concern to DENTON and CORINTH, and WHEREAS, DENTON and CORINTH mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the `Interlocal Cooperation Act' and this Agreement is entered into pursuant thereto, and WHEREAS, both DENTON and CORINTH have the contracting authority to perform the governmental functions and services set forth in this Agreement in accordance with the provisions of Section 791 011 (a) of the Texas Government Code, are each authorized to perform such governmental functions and services individually, in accordance with Section 791 011 (c)(2) of the Texas Government Code, and are further authorized to contract with each other to provide the governmental functions and services herein provided for, in accordance with Section 791 026 (a) of the Texas Government Code, pertaining to water and wastewater facilities, and NOW, THEREFORE, DENTON and CORINTH, in consideration of the mutual promises and covenants of the parties contained in this Agreement, considering the benefits to be attained by DENTON and CORINTH under this Agreement, and for other good and valuable mutual consideration hereinafter stated, do hereby AGREE as follows ARTICLE I RECITATIONS DENTON and CORINTH agree that the recitations contained in the above and foregoing preamble shall be incorporated herewith and shall be considered as a part of this Agreement for all purposes pertinent ARTICLE II TERM OF AGREEMENT DENTON and CORINTH agree that the term of this Agreement shall be in perpetuity This Agreement may be earlier terminated by the parties in accordance with other provisions of this Agreement ARTICLE III BRYDEN ADDITION DEVELOPMENT CONSTRUCTION OF SEWER LINE A The Bryden Addition Development (hereafter "Bryden") is located entirely within the present corporate limits of CORINTH, and is immediately South of the corporate limits of the DENTON DENTON and CORINTH agree that CORINTH shall provide sewer service to the Bryden Development CORINTH, in order to serve the Bryden Development, has determined that it is necessary for it to construct an eight -inch sewer line The sewer line will be located such that it will cross the present CORINTH corporate limits into DENTON's present corporate limits, on Post Oak Road at Station 21+30, then will extend Easterly on Shady Shores Road, then will continue by crossing over from DENTON back into the present corporate limits of CORINTH at the intersection of Shady Shores Road and Old U S Highway 77 B DENTON and CORINTH agree that the sewer line shall be located in the public nght-of- way DENTON and CORINTH further agree that CORINTH shall own, operate, and maintain the sewer line, and shall have the right to repair and/or replace the sewer line, as needed, in order to properly serve the Bryden Development The sewer line to be constructed shall be paid for by the developer of the Bryden Development, as such construction is required as a development exaction A copy of the map showing the location of the planned sewer line is attached hereto as Exhibit "A" and is incorporated herewith by reference City of Corinth — Interlocal Cooperation Agreement— Page 2 ARTICLE IV WYNNSTONE AT OAKMONT PHASE I DEVELOPMENT CONSTRUCTION OF WATER LINE A The Wynnstone at Oakmont -- Phase I Development ("hereafter "Wynnstone") is located within the present corporate limits of DENTON The water supply for the Wynnstone Development in DENTON will be provided by the Denton Municipal Water Utility DENTON, in order to serve the Wynnstone Development, has determined that it is necessary for it to construct a twelve -inch water line The water line will be located such that it will cross the present CORINTH corporate limits at Station 16+50 on Pine Hills Line, then will continue, entering DENTON's present corporate limits at Station 51+00 on Robinson Road The water line will be located in a proposed sixteen -foot public utility easement This sixteen -foot public utility easement is aligned and routed to lie within a public street right-of-way to be dedicated by plat in the future to CORINTH as a part of the Oakmont IV Subdivision A metes and bounds legal description of the proposed easement is attached hereto as Exhibit "B" and is incorporated herewith by reference B DENTON and CORINTH agree that the water line shall be located in the public right-of- way, to the extent that it lies outside of the proposed sixteen foot public utility easement referenced in Article IV A above DENTON and CORINTH further agree that DENTON shall own, operate, and maintain the water line, and shall have the right to repair and/or replace the water line, as needed, to properly serve the Wynnstone Development The water line to be constructed shall be paid for by the developer of the Wynnstone Development, as such construction is required as a development exaction A copy of the map showing the location of the water line is attached hereto as Exhibit "C" and is incorporated herewith by reference ARTICLE V PAYMENTS DENTON and CORINTH agree that there are no payment obligations to each other provided for under this Agreement, and that the benefits to be received by DENTON and CORINTH by their performance of this Agreement, are fairly equivalent ARTICLE VI TERMINATION AND DEFAULT A Either party to this Agreement may terminate this Agreement at any time with just cause by giving the other party no less than one hundred eighty (180) days advance written notice, specifying the date of termination, B In the event that either party breaches a provision of this Agreement, the other party hereto shall provide the defaulting party with written notice specifying the exact default complained of In the event that the defaulting party shall fail to substantially remedy or City of Corinth — Interlocal Cooperation Agreement — Page 3 correct the alleged default within one hundred eighty (180) days after the date notice of default was sent by the complaining party, the complaining party may declare this Agreement terminated DENTON and CORINTH agree to exercise their rights and options contained in this Article judiciously, and in good faith, considering the public interests involved ARTICLE VII LIABILITY A DENTON agrees to and accepts responsibility for the acts, negligence, and/or omissions of its employees and agents, its subcontractors, and/or contract laborers doing work under an agreement with DENTON related to the performance of this Agreement with CORINTH, to the extent permitted by applicable law B CORINTH agrees to and accepts responsibility for the acts, negligence, and/or omissions of its employees and agents, its subcontractors, and or/contract laborers doing work under an agreement with CORINTH related to the performance of this Agreement with DENTON, to the extent permitted by applicable law C DENTON and CORINTH further agree that if any claim or liability shall anse from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively, in accordance with the laws of the State of Texas, and subject to the extent permitted by applicable law This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas The parties agree that it is not their intention to create liability for the benefit of third parties, but that this Agreement shall be solely for the benefit of the parties hereto ARTICLE VIII GOVERNMENTAL IMMUNITY Neither DENTON nor CORINTH waive, nor shall DENTON and CORINTH be deemed by this Agreement, to waive any immunity or defense that would otherwise be available to it respecting any claim(s) made or arising from any act or omission arising under this Agreement ARTICLE IX NOTICE All notices required by, or which otherwise pertain to this Agreement shall be sent by U S mail, postage prepaid, certified mail, return receipt requested, or hand -delivered to, or telecopied to the City Manager of the other City Notice shall be effective upon the receipt of such notice by the City Manager City of Corinth — Interlocal Cooperation Agreement— Page 4 ARTICLE X ENTIRE AGREEMENT This Agreement represents the entire Agreement between DENTON and CORINTH regarding the subject matter of this Agreement, and supersedes all prior negotiations, representations, statements, understanding and/or agreements whether written or oral in nature ARTICLE XI MODIFICATION This Agreement may be amended only by a written document signed by a duly - authorized official of both the Cities of DENTON and CORINTH ARTICLE XII GOVERNING LAW AND VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Texas Venue of any suit or cause of action arising under this Agreement shall lie exclusively in State District Court in Denton County, Texas ARTICLE XIII ASSIGNMENT Neither party to this Agreement may assign this Agreement, except upon the prior written consent of the other party ARTICLE XIV SEVERABILITY In the event that any provision of this Agreement shall be found by a court of competent jurisdiction, to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect, to the extent lawfully possible ARTICLE XV CAPTIONS The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement The undersigned Mayors of the City of Denton and the City of Corinth are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of their respective City, and each City hereby certifies to the other that any necessary ordinances establishing such authority have been duly passed and are now in full force and effect City of Corinth — Interlocal Cooperation Agreement— Page 5 E CUTED in duplicate ,1999 CITY OF DENTON, TEXAS By J ILLER, MAYOR �z original counterparts on this the �� day of ATTEST JENNIFER WALTERS, CITY SECRETARY m'y�,_lI Ofa, V ' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS COUNTY OF DENTON CITY OF CORINTH, TEXAS (� .�_� _ � �I�Mnl it'll ATTEST CONNIE BELL, CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY ACKNOWLEDGEMENTS BEFORE ME, the undersigned Notary Public, appeared Jack Miller, in his official capacity as Mayor of the City of Denton, Texas, who signed an cknowledged the foregoing Interlocal Cooperation Agreement on this the � /,Qday off J , 1999 am ORSYTHE[L S lc, State of Tezeallotary Rublic in and l6elon Ezpirea 9, 2002 City of Corinth — Interlocal Cooperation Agreement — Page 6 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned Notary Public, appeared Shirley Spellerberg her official capacity as Mayor of the City of Corinth, Texas, who signed an a1c� owledged foreg ing Interlocal Cooperation Agreement on this the Iy/' day _, 1999 [L S ] CtXHI1DA A a11111M Hate v i, wio, state olyma RETURN TO CITY ATTORNEY'S OFFICE City of Denton, Texas 215 East McKinney Denton, Texas 76201 S \Our Documents\Contracts\99W terlocalAgrmt COD -Corinth W W W doe ,m the of City of Corinth — Interlocal Cooperation Agreement — Page 7