2006-091S:\Our Documents\Ordinances\06\Interbcal Agrmt-Corinth.doc
ORDINANCE NO. ~_Qd~ `D~J l
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 CORINTH, 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 Corinth 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 theday of , 2006.
~,,~,~,,,,,,~ w " " ~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ~-
APPROVED AS TO LEGA FORM:
EDWCN M. SNEER, CI~ATTORNEY
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE CITY OF CORINTH
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 Corinth, Texas, a
home rule municipal corporation organized and existing under the laws of the State of Texas,
hereinafter referred to as "Corinth".
WHEREAS, Corinth is in need of gas well inspection services; and
WHEREAS, Denton and Corinth desire to enter into [his agreement under the authority and
subject to the provisions of Texas Government Code, Chapter 791, [he [nterlocal 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 [he paying party and all payments are in an amount that
fairly compensates the performing party for the services or functions performed under [his agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
The term of this Agreement shall commence as of the Effective Dale and shall expire on the
21day of February, 201 I unless terminated earlier as provided herein.
II.
Denton shall provide gas well inspection services as follows:
1. Inspection fee of $1,200.00 per well, unless otherwise agreed to in writing by both parties to the
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 ofnon-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 [he rig, remediation of
on-site reserve and frac pits, and site-up for operation of tank batteries.
Written Inspection Reports will be provided to Corinth 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 $200.00, unless otherwise agreed to in writing by both parties to [his
Agreement, per site visit;
3. Complaints filed with the other agencies (i.e. TRC; EPA; TCEQ; etc.) will be [he responsibility of
Corinth without direct participation by the Gas Well Inspector unless requested as an additional
service by Corinth;
4. Enforcement of Corinth gas well regulations will be the sole responsibility of Corinth. 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 Corinth 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 anon-municipal laboratory may be requested
by City of Corinth 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
Corinth City Manager. In addition to the gas well inspection services specified in this paragraph,
the City Manager may request additional services from Demon's Gas Well Inspector. Corinth
shall reimburse Denton [he 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
Corinth upon forty-five (45) days' written notice [o the other via certified mail, return receipt
requested, or facsimile at the address or fax numbers set forth below.
For Denton: City Manager
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas 76201
Fax No.940-349-8596
For Corinth: City Manager
City of Corinth
City Hall
3300 Corinth Parkway
Corinth, Texas 76208
Fax No. 940-498-3266
In the event of termination Corinth shall fully pay Denton for services completed through the effective
date of termination.
IV.
The covenants, conditions and terns hereof are to be construed under the laws of the S[a[e 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.
Interlocal Cooperation Agreement between the City of Denton and the City of Corinth 2 oC3
V.
This writing is intended by the parties as a final expression of their agreement and can be
modified only in writing signed by both of the parties of their duly authorized agents.
VI.
This Agreement is not intended to extend the liability of the parties beyond that provided by
]aw. Neither Denton nor Corinth 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 [he 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.
VII[.
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 ~ day of /~/ ~, 20~ (the "Effective Date").
CITY OF DENTON A PROVED:
City Manager, City of Deno ,Texas
TTEST:
W.S Q--,
City ~retary, C of Denton, Texas
APPROVED FO
City Attorney, Ciq of Den n, Texas
City Manager, City of Corinth, Texas
Intedocal Cooperation Agreement between the City of Denton and [he City oCCorinth 3 of 3
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.)
Analysis Cost
pH (Standard Units) $15.00
Conductivity (microsiemens) $15.00
Salimity (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 TPH is greater than 15 ppm, site will be re-sampled with
approval of Corinth and sample will be sent to independent lab
for verification using Gas Chromatograph Detection method.
Independent lab cost to be billed directly to City of Corinth by
lab.
Intedocal Cooperation Agrccmcnt between the City of Denton and the City of Corinth