23-859ORDNANCE NO. 23-859
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND
LAKE CITIES MUNICIPAL UTILITY AUTHORITY (LCMUA) FOR THECONSTRUCTION OF AN EiGHT-rNCH (8”) POTABLE WATER LINE TO PROVIDESERVICE TO THE CITY OF DENTON LAKE LEWISVILLE RAW WATER PUMPSTATION
WHEREAS, Denton desires to acquire potable water service and water supply, including
for fire protection services (“Water Service”) for its Lake Lewisville Raw Water Pump Station
(“Pump Station”); and
WHEREAS, providing Water Service to the Pump Station requires the offsite construction
and installation of an eight-inch (8”) water-line (“Water Line”) to connect to LCMU A’s existing
water distribution pipeline, and other infrastructure improvements within the public right-of-way
(the “Project”); and
WHEREAS, the Pump Station is located in the Town of Hickory Creek, and LCMU A, a
governmental entity created under Section 59, Art. XVI of the Texas Constitution, holds the
certificate of convenience and necessity to provide water service in the territorial boundaries of
the Town of Hickory Creek, and pursuant to Section 49.220 of the Texas Water Code, is given
rights-of-way within, along, under, and across the Town of Hickory Creek’s roads, highways, and
rights-of-way; and
WHEREAS, Denton and LCMU A desire to enter into an agreement for the Project
whereby Denton provides the necessary materials for the Water Line and agrees to pay LCMU A
$45,000 to cover LCMUA’s labor, equipment use, and administrative costs associated with the
Project; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
provides authorization for local governments to enter into joint contracts to perform governmental
functions and services including administrative functions normally associated with the operation
of government; and
WHEREAS the City Council of the City of Denton believes it to be in the best interest of
the citizens of Denton to enter an Interlocal Agreement between the City of Denton and Lake
Cities Municipal Utility Authority for the construction of the Water Line to provide WaterService to the Pump Station; NOW THEREFORE,
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Manager, or their designee, is hereby authorized to execute the
Interlocal Cooperative Agreement with the Lake Cities Municipal Utility Authority pursuant to
Section 791 of the Texas Government Code, a copy of said agreement being attached hereto and
incorporated herein by reference (the “Agreement”).
SECTION 3. The City Manager, or their designee, is further authorized to carry out all
duties and obligations to be performed by the City under the Agreement.
SECTION 4. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
::' "":TJ:PFI:hj::JT"'' "” "’?'t:: ordqh::' wE'hI; and a„=deT'JJl::following vote D - A :
Aye
,/
,/
,'‘
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :b/
Joe Holland, District 4:,/
b/
,/
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the /6'- day of r 1 1C+ y , 2023.
GERARD HUDSPETH, MAYOR
Page 2
ATTEST:
\\\\11111//
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Susan
Susan Ke ller E::2023.05.09 lo:11:43BY: -05'oo‘
Page 3
STATE OF TEXAS g
$i
INTERLOCAL AGREEMEvr FOR CONSTRUCTION OF
OFF.SITE FACILITIES TO PROVIDE WATER SERVICE TOTHE LAKE LEWISVILLE RAW WATER PUMP STATIONCOUNTY OFDENTON
This Intnlwal Agreement for Calstruction of Off-Site Facilities to Provide Water Service to the
Lake Lewisville Raw Water Pump Station (“Agrument’) is made tntween Lake Cities Municipal
Utility Authority (“LCMUA”) and the City of Denton, Texas (“lknton’), acting by and through
their rupntive authorized officers.
RECITALS
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOC AL CCX)PERATI)N ACT, allows lwal governmental entities to conuact with each
other to perform govemmental fwrctions or services; and
WHEREAS, LCMUA a gov€mmental entity cteaed un&r Section 59, Art. XVI of the
Texas Constitution, holds the certificate of convenience and newsity to ptovide water service inthe terHtoHal tx)undaHes of the Town of Hickory Cruk; and
WHEREAS, tknton, a home-rule municipality organized under the laws of the State of
Texas, opemta and maintains Lake Lewisville Raw Water Pump Station, located in the tenttorial
lirnits of the Town of Hickory Cruk, in oonnoction with its water utility union to tkaton; and
WHEREAS, Ihnton dnins to aquin potable water suvice and water supply to the Lake
Lewisville Raw Water Pump Station, including for fire protection services (“Water Serviw’),thereby nquidng offsite construction for the installation of an 8-inch water-line to connect to
LCMUA’s existing water distHbution pipeline and other infrastructure improvements withinLCMUA’s public right-of.way; and
WHEREAS, Denton desires to partner with LCMUA to place the necessary water
infrastructure and facilities in LCMUA’s rightof-way to provide for water service to the Lake
Lewisville Raw Water Pump Station; and
WHEREAS, LCMU A agrees to partner with lhIlton by providing labor for constnrction
and installation ofthe off-site water infrastructure and fwilities nwa%ry to provide Water Sonia
to the Lake Lewisville Raw Water Pump Station (the “Projwt’), provided: (1) Denton at its sole
cost provides the necessary materials for the 8 inch water line, including pipes and fnility
equipment, for the Ptojwt; (2) Denton agrws n pay LCMUA US,000 to cover LCMUA’s labor,
equipment use, and administrative costs assmiated with the Project; and
WHEREAS, the panin duke to enter into an Intwlocal Agrnment for the purposes of
construction and installation of the off-site water infrastructure nuanry to provide potable waterservice and water supply for fire protection purposes to the Lake Lewisvillc Raw Water PumpStation
and spni6c&ions for the water infrastwctw€ and facilities to LCMUA for review. LCMUA's
enginwr must review and approve the Ihnton engineer’s plans before work will commence.
3.22 Ihnton agrws to procure and provide at its sole cost the mat£Hats (including cmtndrnent
and sand), pipes. casings, fire hydrant, meters and other equipment for the placement of
infras&uctun and facilities nonssary to provide Water Service to the Lake Lcwisville Raw Wain
Pump Station (ber€inafter referred to collectively as “Materials’).
322.1 TIle parties anticipate boring under the roadway for the installation and connection
of the water infrastructure nwes%ry for this project. In the event LCMUA is unable to bore
under and across the roadway, lbnton agrees at its sole cast to repair or replace the right(s}
of-way damaged by the perfarmanoe of work for the project
3.3 Construction.
3.3.1. LCMUA agrees to provide the latx)I and to use its equipment for installation and
construction ofthe off4ite water infrasUuctun and facilities for the Project LCMUA will installand construct the off-site water infrastructure and facilities in accordance with the [hIlton
engineer’s designs and plans approved by LCMU A's engineer. LCMU A’s approval of the
tknton engineer’s dwigns and plans shall not & unreasonably denied or delayed.
3.3.2. anton is rnponsible for the construction and installation of an on-site water
infrastructure and facilities nwess8ry to provide potable w8ter service to the Lake Lewisville
Raw Water Pump Station. LCMUA will make the connection bum the on4ite waterline to
LCMUA’s water distribution syst€1n, which connection shall tn metered.
3.4 Maintenance.
3.4.1 After completion of the installation and construction, LCMU A shall own and maintain the
off-site water infras&uctun and facilities constructed and installed to provide Water Service to the
Lake Lewisville Raw Water Pump Station.
3.42 Denton shall be responsitHe for the maintenance of its on-site waer infrastructure andfacilities.
ARTICLE IVFEES
4.1 Payment for Services. Ihnton agrws to pay LCMUA the amount of forty-five thousand and
(X)/ICX) dollars ($45,000) for LCMUA’s latnr and administrative costs in aonnntion with the
Project. LCMU A will provide an invoice to Union on completion of the work on the Prr)jaR and
Denton agrws to pay the invoice within 30 days of receipt.
4.2 Impact and Tap Fes. Denton further agrns to pay all fen required by LCMUA under adoptedorders and resolutions, including all applicable impact and tap fees. Any impact and tap fees
7.3 Entire Agnement. Tbis Agreement is the entire Agreement between the parties with nspca tothe subject matter covered in this Agreement. '11Ien is no other oolktuzl or8lorwHtten Agrument
between the pwtiw that in any manner rela£s to the subject matter of this Agreement.
7.4 Governing Law. The Agrument shall in governed by the laws of the State of Texas; and venue
for any ution concerning this Agreement shall h in the State District Court of IXnton County,
Texas. The partiu agree to submit to tIn personal and subject maaer jurisdiction of said court
7.5 Amendment. This Agrument may only tn amended by the mutual written agreement of the
p&tia.
7.6 1 apI Construction. In the ewart any one or mole ofthe provisions contained in this Agreement
shall for any reason tn held to & invalid, illegal, or unenforceable in any nspnt, sub invalidity,
illegality, or unenfone8bility shall not affect other provisions, and it is the intention ofthe partia
to this Agncmart that in lieu ofnch provision that is found to be illepl, invalid, or unenfbruable,a provision shall in &lded to this Agreement which is le941, valid and arformble and is as similar
in terms as possible to the provision found to be illegal, invalid or unenforceable.
7.7 it is expressly undentcx>d and agreed that in the execution of this Agnement, neither party
w8ives nor shall be deemed hereby to waive any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions.
ARTICLE VIIIALrrHORiZATION
Each party warrants and agrees that the person signing on &half of the party is an authorized
npnsentadve with full authority to bind the party to the terms and conditions of this Agreement,
and has the necessary authority to execute this Agrwment on behalf of the undersigned party.
EXECUTEDthis [ day of {\IARCH J 2023.
LAKE CITIES MUNICIPAL UTILITY AUTHORITY
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CITY OF DEMON,TEXAS