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1996-042J \gPDOCS\ORD\UPTRINIT ORD ORDINANCE NO. q&-OqA 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: ~. 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 Paclflc Railroad Right-of-Way in the vicinity of the City of Corinth, a copy of which is attached hereto and incorporated by reference herein. SEC_~. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~kday of ~1996. BOB CASTLEBERRY, MAY~ ~ / ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 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") ts made and entered ~nto as of thec::;~day of ~ 1996, by and between the CITY OF DENTON ("Denton"), e municipal corporatt~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 DIstnct, and is represented on the Board of Directors of the District, and VVHEREA$~ the District was created to provide water and waatewater services to c~ties and water utilities of the Denton County area, and WHEREAS, Denton is participating m services of the D~atrict and ~s providing serwces to the Distnct~ end WHEREAS, the District is developing a regional wastewater sys'~em for Participating Members generally ~n an area adjacent to the serwce area of Denton, 02×14×96 15 05 UPPER TRINITY RWD NO 125 Q04 which system is planned to include a wastewater treatment plant, pump stations, collection/transmission hnes, and metering facilities, and ~I-IEREA$, Union Pacific Railroad heretofore has granted to Denton certain nghts to use and control specific segments of right of way prewously used for railroad purposes: and WHEREA$, District desires to use for Its Regional Wastewater System a port~on of nght of way previously obtained by Denton from Umon Pacific Railroad in the vicinity of City of Corinth} and WHEREA$, the Distnct 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 "lnterlocal Cooperation Act"), and other applicable laws. NOW THEREFORE, for and In consideration of the premises 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 Yea of Right of Way, In consideration of the Dlstrlct~ through the construction of the regional wastewater system referenced above, reducing the high level of wastewatar discharge entering Denton's Lift Stat;on serving the City of Corinth, Denton does hereby grant to D~atrict the r~ght to use a portion of the exmtlng Denton right of way generally described as the former Union Pacific Railroad r;ght of way for the purposes stated herein. The portion that may be used by District is m the wc~n;ty of the C~ty of Corinth. The District's use Is limited to water and wastewater I~nes Initial authorized uae is for a wastewater line from C~ty of Corinth Burl Street Lift Station to the southern terminus of Denton's right of way where ~t joins existing nght 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 des;res to install a water hne or a parallel waatewater hne ;n the future, the District must first obtain the wr;tten UPPER TRINITY RWD NO 125 Q05 approval of Denton. Seetiol~ I 2 ~. District is authorized to construct, operate, maintain and replace e waatewater line end 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 t 3 Prgteotlon of Denton end Other Exi$flna 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 D~strlct~s use of the nght of way is subject to senior nghts of Denton; and, District shall take precaution to protect the facilities of Denton, to avoid damage or Interruption of service, If any facilities o( Denton are damaged by Dlstrict~ It'8 employees, contractors or aaslgns~ District shall be responsible for repair or replacement to restore said facilities to original condition Denton may Inspect the facilities being installed by District. Distnct 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 facd~t~es are damaged by District, it's employees, contractors or assigns, District shall be responsible for repair or replacement to restore sa~d facilities to original condition Section 1.4 Access. Dtstrlct shall, In cooperation with City of Corinth, provide an additional point of access to the subJeCt right of way for uae 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 p~peline. Said path to be constructed 02/14/96 &5 84 UPPER TRINITY RWD NO 125 ~06 of flex-base material with a m~nlmum compacted thickness of six Inches and maximum w~dth of twelve feet Se©tiorl t ~ .T__ej~pl of Ul~e District's right to use the right of way as specified harem ~s agreed by the parties to be a continuing r~ght However, ~f 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 nght of control and use shall revert to Denton. This agreement ~s subject to the Line Sale Contract between Mlssoun 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 M~saoun Pacific Railroad Company for operation of Its railroad, at its own cost and expense, to adjust or remove any water or wsstswater lines Installed by D~str~ct under this Agreement, upon notice of the reactivation of the Missouri Pacific R~ght-of-way for purposes provided under said Act District agrees to indemnify and hold harmless C~ty for any claims or damages which may arise against Denton bY reason of the Distnct adjusting or removing said water or wastewater lines by reason of such reactivation of the right-of-way for railroad purposes. $$oflon 1.8 ~ If by reason of force majeure any party hereto shell be rendered unable wholly or in Dart to carry out ~ts obligations under th~s Agreement, then if such party shall g~ve 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 obhgat~on of the party giving such notice, so far as it ia affected by such force majeure, shall be suspended during the continuance of the ~nability 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 here~n Shall mean acts of God, strikes, lockouts or other industrial d~aturbanoes, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any C~vil or military authority, 02×14×96 15 05 UPPER TRINITY RWD NO 125 DO? insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurncanes, storms, floods, washouts, droughts, arrests, restraint of government end people, clwl disturbances, explosions, breakage or accidents to machinery, p~pehnes or canals, partial or entire failure of electnc power supply, or on account of any other causes not reasonably wtthln the control of the party claiming such inability Section 1,7 ~, This Agreement shall be effegtlve on and from the date first above written, and shall continue in force and effect for thirty (:~0) years or for such period of time that pipelines ~nstalled hereunder remain ~n use, whichever ~s greater This Agreement constitutes the sole agreement between the parties hereto with respect to the use of said right of way $ectlon 1,8 ~drel~ses and Notice Unless otherwise provided herein, any notice, communication, request, reply or advice (herein severally and collectively, for convenmnce, 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 same in the United States mall 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 not~fled Notice deposited In the marl m 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 tf and when received by the party to be notified For the purposes of notice, the addresses of the psr~ias shall, until changed as hereinafter provided, be as follows, If to the District to Executive Director Upper Trinity F~eg~onal Water District P O Drawer 305 Lewisvllle, Texas 75087 If to City of Denton to' (;ltv Manager City of Denton 216 East McKinney Street 02/14×96 15 05 UPPER TRINITY RWD NO 125 Q08 Denton, Texas 76201 The parties hereto shall have the right from time to time and at any time to change their respective addresses end each shall have the right to specify as ~ts address any other address by at least fifteen (15) days' written notice to the other parties hereto Section 1.9 State or Federal Law~. Rules. Orders or Regulations This Agreement ~s 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 es 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 $everabllltl/. 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 th~s Agreement or the applicat~on of such sections, subaeOtlons, 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 aa if any such invalid or unconstitutional section, subsection, provision, clause or word had not been ~ncluded herein, and the nghts 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 th~s Agreement or any provision hereof, the same shell be brought m Denton County, IN WITNESS WHEREOF, the partms hereto acting under authority of the;r respective governing bodies have caused this Agreement to be duly executed m several counterparts, each of which shall constitute an original, all as of the day and yesr first above written, which ~e the date of this Agreement 02/14/96 15 06 UPPER TRINITY RWD NO 125 Q10 UPPERTRINITY REGIONALWATER DISTRICT ~'om '~.tarpoo, , Directors ATTEST: (AU] HORITY SEAL) APPROVED AS TO FORM AND LEGALITY: John F, Boyle, Jr, Gen'~ral Counsel CITY OF DENTON~ TEXAS ATTEST: , /Secret APPROVED AS TO LEGAL FORM' C~ty Attorney EXi~RIT A Description of Oty of Denton Paght-of-Way to be Used for Constructton of Upper Trnuty Regional Water District Lakevtew Regional Water Reclamatton ProJect Phase 1 Plpehne Being a tract ofhnd containing approximately I 49 acres of land, being fffiy (50) feet either sxde of the following described centerlme Co,,~,~rencm~ at the center of the Abandoned Umon Paaflc Ratlroad Trestle located at approximately Pxpehne Station 0-?~ (Rmlroad Mile Post '/29 4) and continuing m a southerly d~recUon along the Railroad Centerhne to approximately Plpehne Station 5+?$ (]~mlroad Ml~e Post 729 5) as md~cated on the attached Drawings Number P-1 and P-2 Cot~th EXHIBIT "B" ~ Spollel'be~g, Mayor City of CO~nth Corinth; TX 76205 497-4145 200~ South Corinth Stroet FAX (81'0 3214508 February 7, 1996 Mr Robert Tlckner Supermtend0nt of Parks CRY of Denton 321 East McKmney Stroet Denton, Texas 76201 Dear Mr Tlckner The CRy of Corinth has joined vnth tho Upper Trm~zy Regional Water District (UTRWD) m a regional wastewater treatment proJect A part of the project revolves upgrading Corinth's Burl Street Lffi Station and laying a sones of sewage lines to transport sewage from the hfc statmn to the exmtmg waStewater treatment plant m Lake Dallas that Is currently operated by the Lake Cities Municipal UtdRy Author0zy (LCMUA) A portion of the desired pipeline alignment (Burl Street Ld~ Stauon to Sv~shor Road) lies w~thm the abandoned railroad nsht-of-way under the control of the C~;y of Denton I understand that the CRy of Denton posea no objection to tho uso 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-baso access road from the end of Burl Street to the fencehne at the railroad right-of-way The access road will include ono culvert and a single hung vehmle gate at the ROW fencelme Tho road can bo constructed coincident with the pipelmo construction or at such other tmle as ts mutually boneficml At such tuno as the CRY of De.mn is ready to complete the rads-to-trads park, the CRY of Corinth v~ll work cooperatively w~h the C~ty of Denton to achieve a mutually dosirable tradhead fithis ts agreeable, please sign m the space bolow and return an ongmal to me Sincerely, I~~ Pdchard Huckaby /r~ ~..~ City Adnumstrator T~tle fi J ~' City of l~nton Copy to Tun Hassett CH2M l-hll 5339 Alpha Road, State 300 Dallas, Texas 75240 Slurley Spellerberg~ Mayor City of Corinth Cormtlg TX 7620:5 (817) 497-4145 2003 South Corinth Street FAX (817) 321-4508 February 7, 1996 Mr Robert T~ckner Superintendent of Parks C~y of Denton 321 East McKmney Street D~nton, Texas 76201 Dear Mr Tlckner The City of Corinth has joined w~th the Upper Trinity Regional Water D~stn~t (UTRWD) m a regional wastewater treatment proJect A part of the project revolves upgrading Corinth's Burl Street Llit Station and laying a sones of sewage lines to transport sewage from the hi~ station to the ex~stmg wastewater treatment plant m Lake Dallas that ~s currently operated by the Lake C~t~es Mumc~pal Utility Authority (LCMUA) A pomon of the desired p~pelme ahgnmeot (Burl Street Ld~ Station to Swisher Road) hes v~thm the abandoned radroad right-of-way under the control of the C~ty of Denton I understand that the C~ty of' D~nton poses no object~on to the use of the abandoned rmlroad right of way for th~s p~pelme, but desires official vehicle access to the radroad right-of-way from the end of Burl Street The City of Corinth will construct a 12' flex-base access road from the ~nd of Burl Street to the fencelme at the rmlroad right-of-way The access road wdl include one culvert and a single hung vehicle gate at the ROW f~celme The road can be constructed come,dent w~th the p~pelme construction or at such other tune as ~s mutually beoeficml At such tune as tho CRy of De~ton ~s ready to complete the rmls-to-trads park, the C~ty of Corinth will work cooperatwely vath the C~ty of Denton to achieve a mutually desirable trmlhead If this ~s agreeable, please sign m the space below and return an original to me Sincerely, R~chard Huckaby ~ Copy to TLm Hassett CH2M Hill 5339 Alpha Road, Smte 300 Dallas, T~xas 75240