2006-340S:\Our Documents\Ordinances\06\Interlocal Agrmt-Highland Village.doc
ORDINANCE NO.d6W,5, -9~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND THE CITY OF HIGHLAND VILLAGE, TEXAS TO PROVIDE GAS WELL
INSPECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves an Interlocal Cooperation Agreement
between the City of Denton, Texas and the City of Highland Vlilage to provide gas well
inspection services substantially in accordance with the Interlocal Cooperation Agreement which
is attached hereto and incorporated herein by reference (the "Agreement"). The City Manager,
or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager,
or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any
prior actions of the City taken pursuant to the Agreement are hereby ratified.
SECTION 2. The City Council finds that the Agreement will benefit the City of Denton
and is in the public interest.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the~day of 2006.
&44~r
PE . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, ITY SECRETARY
By:
APPRO D AS TO LEGAL FORM:
EDWIN M. S ER, CITY TTORNEY
By:
THIS AGREEMENT is made and entered into as of the Effective Date as hereinafter
defined, by and between the City of Denton, Texas, a home rule municipal corporation
organized and existing under the laws of the State of Texas, hereinafter referred to as "
Denton" and the City of Highland Village, Texas, a home rule municipal corporation
organized and existing under the laws of the State of Texas, hereinafter referred to as
"Highland Village".
WHEREAS, Highland Village is in need of gas well inspection services; and
WHEREAS, Denton and Highland Village desire to enter into this agreement
under the authority and subject to the provisions of Texas Government Code, Chapter
791, the Interlocal Cooperation Act for the provision of gas well inspection services; and
WHEREAS, each party hereto is capable of performing the services provided for
herein, and each party paying for the performance of governmental functions or services
is making those payments from current revenues available to the paying party and all
payments are in an amount that fairly compensates the performing party for the services
or functions performed under this agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
The term of this Agreement shall commence as of the Effective Date and shall
expire on the 21 s` day of February, 2011 unless terminated earlier as provided herein.
II.
Denton shall provide gas well inspection services as follows:
1. Inspection fee of $1,200 per well, unless otherwise agreed to in writing by both
parties to this Agreement, would include the following:
Two site inspections will be provided with the first inspection following installation of the
drilling rig to inspect for compliance with municipal drilling ordinance and the second
following completion of the drilling and installation of the operating facilities. Each
inspection will include two site visits, the first to inspect and identify any issues of non-
compliance to be noted on a Gas Well Inspection Report and the second to determine if
compliance has been achieved in the specified time limit. The site visit following
completion of the well will include inspection for proper removal of the rig, remediation of
on-site reserve and frac pits, and set-up for operation of tank batteries.
Written Inspection Reports will be provided to Highland Village and a copy to the gas
well operator for each visit. The only items to be inspected by the Gas Well Inspector will
be those agreed upon by both parties and set forth on the Gas Well Inspection Report;
2. Each additional inspection in response to a specific request by the City Manager will
be performed at a cost of $200, unless otherwise agreed to in writing by both parties to
this Agreement, per site visit;
3. Complaints filed with other agencies (i.e. TRC; EPA; TCEQ; etc.) will be the
responsibility of Highland Village without direct participation by the Gas Well Inspector
unless requested as an additional service by Highland Village;
4. Enforcement of Highland Village gas well regulations will be the sole responsibility of
Highland Village. The Gas Well Inspector may identify violations and report them to the
City Manager or designee for enforcement action. The Gas Well Inspector may be
required, as an additional service, to testify in court regarding any noted violations of the
Highland Village gas well regulation ordinance;
5. The Gas Well Inspector may inspect for specific operating safety issues as identified
on an Inspection Checklist to be approved by both parties to this agreement as a part of
the first inspection (i.e. fire extinguisher installation; no smoking signs; etc
6. Site inspection includes collection of water samples from the Reserve Pit for content
analysis by a City of Denton Lab. The fee for City of Denton Lab analysis shall be as
identified in Exhibit A to this Agreement; additional analysis performed by a non-
municipal laboratory may be requested by Highland Village for a fee identified in Exhibit
A;
7. Site inspection does NOT include inspection of access route and road damage
remediation action; and,
8. Any Denton employee that performs services under this agreement will remain an
employee of Denton, but will perform gas well inspection services under the supervision
and control of the Highland Village City Manager. In addition to the fees specified
above, for the services of the Denton Gas Well Inspector, Highland Village will reimburse
Denton the sum of $50.00 per hour. In addition to the gas well inspection services
specified in this paragraph, the City Manager may request additional services from
Denton's Gas Well Inspector. Highland Village shall reimburse Denton the sum of $50.00
per hour for any additional services, as defined in this agreement and in addition to the
gas well inspection services specified above.
III.
This Agreement may be terminated in whole or in part, with or without cause, by Denton
or Highland Village upon forty-five (45) days' written notice to the other via certified mail,
return receipt requested, or facsimile at the address or fax numbers set forth below.
For Denton: George Campbell, City Manager
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas 76201
Fax No. 940-349-8596
City of Denton
Gas Well Inspection Services
Page 2 of 4
For Highland Village: Michael Leavitt
City Manager
City of Highland Village
1000 Highland Village Road
Highland Village, Texas 75077
Fax No. (972) 317-0237
In the event of termination Highland Village shall fully pay Denton for services completed
through the effective date of termination.
IV.
The covenants, conditions and terms hereof are to be construed under the laws
of the State of Texas and are performable by all parties in Denton County, Texas. The
parties mutually agree that venue for any obligation arising from this Agreement shall lie
in Denton County, Texas.
V.
This writing is intended by the parties as a final expression of their agreement
and as a complete and exclusive statement of the terms of their agreement. This
Agreement can be modified only in writing signed by both of the parties or their duly
authorized agents.
VI.
This Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither Denton nor Highland Village waives, nor shall be deemed
hereby to waive, any immunity or defense that would otherwise be available to it against
claims arising by third parties.
VII
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and
in full force and effect to the extent possible.
VIII.
The undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto and each party hereby certifies to the other that any and all
necessary resolutions extending said authority have been duly passed and are now in
full force and effect.
Signed to be effective the lr2~1 day of 2006 (the "Effective
Date").
CITY OF D NTON,
BY: -
George Campbell
City Manager
City of Denton
Gas Well Inspection Services
Page 3 of 4
ATTEST:
JE IFER WALTER , CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
VILLAC,F
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BY: ~2. V/1
APPROVED ~ASTO FORM AND LEGALITY:
BY"` ~TGt wG ~7r>(,c,N n h~
Dorothy G. Palun o, City Attorney
City of Denton
Gas Well Inspection Services
Page 4 of 4
CITY OF HIGHLAND V LAGE
BY:
Michael Leavitt
City Manager
Exhibit A
City of Denton Oil and Gas Monitoring
Laboratory Analysis Price Schedule
General Water Quality Analysis Performed by City of Denton Lab:
(sample collection included as part of initial inspection fee)
Cost to be as shown unless otherwise agreed to in writing by both parties to this Agreeemnt.
Analysis
Cost
pH (Standard Units)
$15.00
Conductivity(microsiemens)
$15.00
Salinity;as Chloride (ppm)
$15.00
Total Dissolved Solids
$15.00
Chloride (ppm) $25.00
TPH (ppm)
Fiber optic method
Immunoassay method
Combined Cost $30.00
Total $115.00
Note: If requested by City of Highland Village , TPH will be tested by independent lab using
a generally accepted test method. Sample collection shall be billed at a
minimum of one hour by City of Denton. Independent lab cost to be billed
directly to City of Highland Village by lab.
Initial:
Cit of Highland Village
Date: t-t~ -dam
Initial:
City of Denton
Date: 12-2-01
Exhibit A
City of Denton - Gas Well
Inspection Services
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