1997-039 ORDINANCE NO
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
SECTIO~ I That the City Manager is hereby authorized to
execute an lnterlocal cooperative Memorandum of Agreement Between
the City of Argyle, Texas and C~ty 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 whlch Agreement is attached hereto and incorporated by
reference here~n
SECTION II That th~s ordinance shall become effective
~mmedlately upon its passage and approval
PASSED AND APPROVED th~s the ~~L day offS, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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, ~s a general law c~ty ~ncorporated under the
Texas Local Government Code, and
WHEREAS, The Caty of Denton (Denton), ~s a home rule ctty hawng a contiguous bounda~ w~th
Argyle m the wc~mty of Cnbbons Road and I-hcko~y I-hll Road, and
WHEREAS, Argyle has made apphcatmn (Apphcat~on No 31427-C) to the Texas Natural
Resource Conservation Commission (TNRCC) to obtatn a Wastewater Cemficate of Converaence
and Necesstty (CCN), and
WHEREAS, Argyle's TNRCC Wastewater CCN apphcatmn ,s ~nclus~ve of ~ts corporate c~ty
hrmts and extratemtonal junsdmt, on, and
WHEREAS, Denton currently holds a Wastewater CCN (Cemficate No 20072) from the
TN~CC, and
WHEREAS, TNRCC records show that Denton's wastewater cemficated area encroaches w~ttun
Argyle's corporate hnuts m two (2) small areas located near Cnbbons Road and I--hckot~ I--hll
Road, and
WHEREAS, These rmnor encroachments result m an overlap wtth Argyle's requested wastewater
cemficated area set forth under TNRCC Apphcat~on 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 certxfied by the TNRCC to prowde
wastewater sennce ~n the two (2) small overlap areas, as they exast w~tlun Argyle's corporate
hnuts, and
WHEREAS, TNRCC rules and regulations prowdes for dual wastewater cemficauon of a defined
geograpluc area between two wastewater purveyors, and
WI-IEREAS, Denton does not desire to proxade retail wastewater service w~th~n Argyle's
corporate hnuts
NOW, THEREFORE IT BE AGREED BETWEEN THE CITY OF ARGYLE AND THE
CITY OF DENTON THAT:
Paragraph 1 Overlap Areas
The overlap areas are reclusive of the two small parcels of land that generally exasts east of
Gibbons Road and south ofI-hckory l-hll Road These parcels, specifically shown on the map
contmned m Attachment I, are located w,tt~n Argyle's corporate hn~ts and w~ttun Denton's
Wastewater Certificated Area as licensed by the TNRCC under CCN No 20072
Paragraph 2 Joint Agreement
By execution of flus Memorandum of Agreement, Denton and Argyle agree to dual wastewater
certification w~tlun the two overlap areas, ff such dual cert~ficauon ns granted by the TNRCC If
the TNRCC does not grant dual wastewater cemficat~on w~tlun the two overlay areas, the subject
parcels shall rematn solely certified to Denton for wastewater service
Paragraph 3 Future Actions
If the TNRCC grants dual wastewater certtficat~on to Argyle and Denton for the subject areas
described m Paragraph 1 above, Argyle and Denton agree to work cooperauvely in future
wastewater CCN apphcat~ons submitted to the TNRCC by e~ther party to de-certify Denton's
CCN from the subject areas that reside in Argyle's corporate hnuts
Paragraph 4 Execuuon
C~ty of nton of Argyle
Date
2
64
20072 ·
,,LO'
H.L*KE., · ... , . . .
2Q., ,--.~-,, · · ° ' · '= ; ' '
m ~ ~+6~ : ....
...... ~ ~ ,200T2
........ J ARGYLE
CORRAL
CITY
PoP
x iDOUBLE
~ ~ OA~
POP 200 lEST)
BARTONVILLE
aERO
V~LLEY