2017-192S:\Legal\Our pocuments\Ordinances\17\lnterlocal Agreement-City of Irving.doc
ORDINANCE NO, 2017-192
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN 1NTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE
CITY OF IRVING, TEXAS TO PROVIDE FOR THE CITIES TO TRANSFER GROUND
MULCH BETWEEN CITIES WHEN AVAILABLE AND NEEDED, AND TO PROVIDE
EMERGENCY LANDFILL AND EQUIPMENT SUPPORT TO ONE ANOTHER, AS
APPROPRIATE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("Denton") and the City of Irving ("Irving") are Texas
home rule municipalities, acting pursuant to Article 11, Section 5, of the Texas Constitution, and
desire to enter into this Agreement under the following terms and conditions; and
WHEREAS, Denton and Irving, being local government of the State of Texas, are
authorized to enter into this Agreement pursuant to Texas Government Code, Chapters 791 and
418, as amended; and
WHEREAS, Denton and Irving desire to enter into this Agreement in order to set forth
the responsibilities for the transfer of ground mulch between the parties and for solid waste
emergency support, as appropriate; and
WHEREAS, the parties are entering into this Agreement in the exercise of their
governmental functions and in the interest of the health, safety, and welfare of the general public.
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,.
SECTION 1, The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTI,ON 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement on behalf of the City with Irving, and is further authorized to carry out the
rights and duties of the City under the Interlocal Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.� � � � �
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PASSED AND APPROVED this the da
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(w' �-� i� ,:�� �a, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY; ��,.
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This Interlocal Agreement ("Agreement") is made by and between the City of Irving,
Texas ("Irving"), and the City of Denton, Texas ("Denton") (collectively the "parties" or
the "cities"), acting by and through their authorized officers.
WHEREAS, Irving and Denton are Texas home rule municipalities, acting pursuant to
Article 11, Section 5, of the Texas Constitution, and desire to enter into this Agreement
under the following terms and conditions; and
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WHEREAS, Irving and Denton desire to enter into this Agreement in order to set forth
the responsibilities for the transfer af ground mulch between the parties and for solid
waste emergency support, as appropriate; and
W EREAS, the parties are enter►ng ►nto this Agreement in the exercise of their
governmental functions and in the interest of the health, safety, and welfare of the general
public;
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MULCH (transfer}
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• Irving has an available inventory of ground mulch product it will provide at
no cost to Denton,
• Irving will provide ground mulch in excess of its needs to Denton.
• Irving will provide access to ground mulch at the Irving Hunter Ferrell
Landfill.
� Irving will provide 60 percent of the existing ground mulch at the time of
execution of this Agreement,
• Irving agrees to produce ground mulch each month and to make at least 50
percent of that ground mulch produced available for Denton.
• Irving will provide the equipment and manpawer required to load the ground
mulch into vehicles belonging to Denton.
• Denton will provide the vehicles and manpower required to transpart the
ground mulch from the City of Irving to the City of Denton.
� If at any paint during the term of this Agreement Irving needs ground mulch
and Denton has any excess ground mulch available, the cities agree that
Irving will be allowed access io Denton's ground mulch provided that Irving
provide the manpower and equipment to transport the ground mulch and
Denton will provide the manpower and equipment to load the ground mulch.
• The cities agree to provide ground mulch at no cost to the other city.
• Irving and Denton will provide appropriate assistance to one another when
requested in accordance with Texas Gov't Code Chapters 791 and 418, as
amended. This assistance can be in the form of access to each city's land�ll,
use of landfill type equipment, etc,, and is hereby authorized by the
governing bodies of the cities pursuant to Texas Gov't Code Chapters 791
and 41$, as amended.
• Access to and use of either city's landflll will be done to accammodate
natural disasters, unforeseen permit issues, etc. Each city agrees to pay the
other the lowest wholesale rate per ton of waste hauled to the other's landfill.
• Use of each other's landfill type equipment will be allowed anly when it will
not impact the other's operations. Each city agrees to pay the other a
negotiated per week rental rate for use of the equipment. The city "renting99
the equipment is responsible for the transport of the equipment from one site
to the other. Additionally, the renting city agrees to perform scheduled
preventive maintenance while it has the equipment onsite. Each city will
have a representative perform a walk-around inspection prior to rental to
identify any pre-existing conditions. Should the renting city damage the
piece of rental equipment, the renting city agrees to repair the rental
equipment to its pre-damaged condition.
The cities agree to consider any reasonable request from the other to address
urgent or emergency situations.
D, Apportionrnent of Liability: Each party is respansible for the acts or
omissions af its officials, employees and agents. In the event of joint and
concurrent negligence, Irving and Denton agree that responsibility shall be
apportioned comparatively without waiving any governrnental immunity
or defenses available to the parties under Texas law. This obligation shall
be construed for the benefit of the parties hereto, and not for the benefit of
any third parties nor to create liability far the benefit of any third parties.
E. Limitations of Authority:
(1) Neither party may incur any debt, obligation, expense, or liability
of any kind on behalf of the other party without the other's express
written approval.
(2) Under no circumstances shall either party be deemed an employee
or agent of the other.
2. Terrn: Subject to prior termination or revocation of this Agreement as provided
herein, the initial term shall be in full force and effect for a period of three years. This
Agreement will automatically renew for a one-year period on the anniversary of each
year, unless notice of termination is given as pravided in this Agreement.
3. Termination: Termination of this Agreement is within the sole discretion of
either party, with or without cause, upon 90 days' written notice to the other party.
4. �°r���a��c.a������r���: Each party agrees that services rendered under this Agreement
are adequately compensated by the services received.
5. ��r�i����lc ���r�v: This Agreernent shall be governed by the laws of the 5tate of
Texas applicable to contracts made and performed therein.
6. Venue: Venue to enforce this Agreement shall lie exclusively in Dallas County,
Texas.
7. Waiver: The failure of any party hereto to exercise the rights granted herein shall
not in any event constitute a waiver of any such rights.
8. ,A����e����c�w�t: Neither party may assign its interest in this Agreement without the
written permission of the other party.
9. Notice: All notices required or permitted to be given pursuant to this Agreement
shall be in writing and shall be considered properly given if sent by facsimile
P'.,- • :
transmission or mailed by certifed mail, return receipt requested, postage prepaid, and
addressed as follows:
To: A. ��'�i���� Kemler. General Man�t��*r ._____
1 � � 1;
To: �3��+�ratN�� A, Haney. Solid Waste �c�xr��ice� Direct�r
110 E. unter �+c�t�'•t�)l Rnacl
irvinu. Texas 7_5060
Either party reserves the right to designate in writing to the other party any
change of name, change of person, or address to which the notices shall be
sent.
10. Nondiscrrmination: Parties to this Agreement shall not discriminate on the basis
of race, sex, national origin, disability, or religion.
11. Current Revenues: Each party paying far the performance of gavernmental
functions or services in this Agreement must make those payments from current revenues
available ta the paying party.
12. Entire A�reem__ent: This Agreement constitutes the entire agreement and
understanding of the parties and may only be changed by written amendment executed by
the parties.
13. �a��f��•����ilit�: In the event any provisian af this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any ather provision hereof.
14. �+c��-�� �T��,���rt•e: Neither of the parties to this Agreement shall be deemed in
violation of the Agreement if prevented from performing any of the obligations hereunder
by reason of strikes, boycotts, labor disputes, acts af Gad, acts of a public enemy, acts of
superior governmental authority, riots, rebellion, sabotage, or any ather circumstances for
which it is not responsible or which is not ►n its control.
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EXECUTED ���.�ultiple original counterparts effective as of the �,� �,r�� ��T�'�day
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of �,��. �..�a�� ����17.
City of Irving, Texas
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A'i'T`�ST:
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`�l��r�e��; Jennings, .>=ity ���,a'���ixy�
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Kuruvilla Oommen
City Attorney
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ATTEST:
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BEFORE ME, the undersigned authority, a Notary Public in and far said County
and State, on this day personally appeared ����� ��`���'��°� ���F4 µ�, of the
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�.n� ������� �' ��'� �'"�� ��'��� _ known to me to be the person and officer whose
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name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said ��� �� �;��4 �����'��� , a governmental entity, that (s�ii�1 is duly
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authorized to perform the same by approval from the ���F�`� ''����?��:���9 of such and
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that (s)he executed the same as the act of the said governmental entity for purpases and
consideration therein expressed, and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this `��"°��� �'-���y of
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Nc�i� Public In ��Y�l For ���,��tate of Texas
My Commission Expires:
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k�F3��C������ ME, the undersigned authori���, �i ���lti��•y�, }������i� �i�..�����d for said
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County a��cl �tt�t�, �n this day personally appeared C��.t�� -���������rpr��, Cv�����c��• c�f`the City of
Irving, Texas, a municipal corporation, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said City of Irving, Texas, a municipal corporation, that she was duly
authorized to perform the same by appropriate resolution of the City Council of the City
of Irving and that she executed the same as the act of the said City for the purpases and
cansideration therein expressed, and in the capacity therein stated.
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My Commissian Expires�
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Dr. Kenneth Banks, General Manager of Utilities
215 E. McKinney
Denton, TX 76201 �
Re: Original Signed Interlocal Agreement
Please find enclosed the original copy of the Interlocal Agreement between the City of Irving and the
City of Denton. We have maintained a copy for our records. Additionally, we have updated our point of
contact with Denton per your request. Please let us know if you have any questions.
Sincerely,
Brenda A. Han�y, P.E.
Solid Waste Services Di
215 E. McK1NNEY DENTON, TEXAS 76201 •(940) 349-8230 • FAX (940) 349-8120
�:��-� ,� ��" , . ���� � � ,, ' Uti�'�tY Admiw��strat�o��
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Dr. Kenneth Banks, General Manager af Utilities
215 E McKinney
Denton, TX 76201
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Re: C��•��ia���l �i��;��:� 1����::rl��c-<�C ��irc��.����r�� and
C"l�<��a�;c�c�f' �J��ti�ic��ti�a� ���:�������wa����
Interlocal Agreement — City of Denton and City of Irving — Solid Waste transfer of mulch
and emergency operations support
In accordance with�the interlocal agreement between the City of Denton and the City of Irving,
signed by Irving on April 20, 2017, and the City of Denton on July 18, 2017, Denton is changing
notification designation listed in Section 9. The new notification designation is:
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Sincerely,
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Dr�. 1�,.��xi��t}� E�����h.�
General Manager of Utilities
Cc: Mario Canizares, Assistant City Manager
Ethan Cox, Director of Solid Waste
Jennifer Walters, City Secretary
Christine Dick, Legal Secretary
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