2006-229
S:\Our Documents\Ordinances\06\lnterlocal Agrmt-Argyle.doc
ORDINANCE NO.,! 006 - 22q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND THE TOWN OF ARGYLE, TEXAS TO PROVIDE GAS WELL INSPECTION
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Council hereby approves an InterIocal Cooperation Agreement
between the City of Denton, Texas and the Town of Argyle to provide gas wen inspection
services substantiany in accordance with the InterIocal 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 win benefit the City of Denton
and is in the public interest.
SECTION 3. This ordinance shan become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / b t:{ay of
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: cptllLfJuucUm" {Mdt.
APPROVED AS TO
EDWIN M. SNY
AL FORM:
, CI ATTORNEY
By:
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE TOWN OF ARGYLE
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 Town of Argyle, Texas, a Texas town general law municipality,
hereinafter referred to as "Argyle".
WHEREAS, Argyle is in need of gas wen inspection services; and
WHEREAS, Denton and Argyle 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 wen 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 mutuany agreed by the parties hereto as follows:
I.
The term of this Agreement shan commence as of the Effective Date and shan
expire on September 1,2010 unless terminated earlier as provided herein.
II.
Denton shall provide gas wen inspection services as follows:
1. Inspection fee of $1 ,200 per wen, unless otherwise agreed to in writing by both parties
to this Agreement, would include the fonowing:
Two site inspections will be provided with the first inspection fonowing instanation 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 win include two site visits, the first to inspect and identifY any issues of
non-compliance to be noted on a Gas Wen Inspection Report and the second to determine
if compliance has been achieved in the specified time limit. The site visit fonowing
completion of the well win 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 Argyle 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 Town
Administrator 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 Argyle without direct participation by the Gas Well Inspector unless
requested as an additional service by Argyle;
4. Enforcement of Argyle gas well regulations will be the sole responsibility of Argyle.
The Gas Well Inspector may identify violations and report them to the Town
Administrator 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
Argyle 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 Argyle 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 Argyle Town Administrator. In addition to the fees specified above,
for the services of the Denton Gas Well Inspector, Argyle will reimburse Denton the sum
of $50.00 per hour. In addition to the gas well inspection services specified in this
paragraph, the Town Administrator may request additional services from Denton's Gas
Well Inspector. Argyle 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 Argyle 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: Howard Martin, Interim City Manager
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas 76201
Fax No. 940-349-8596
For Argyle: Tobin E. Maples, AICP
Town Administrator
Town of Argyle
P.O. Box 609
Argyle, Texas 76226
Fax No. (940) 464-7274
In the event of termination Argyle 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 Argyle 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 !I)f{ay of tbLfJILf; ,2006 (the "Effective
Date").
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: QMl!tt dt(}~f f1dt
APPROVED AS T
EDWIN M. S
BY:
ATTEST:. .
BY: CoL1G fllc&mhv
Codi Delcambre, Town Secretary
APPROVED AS TO LEGAL FORM:
BY: ~ ~"f\
Matthew Boyle, Town Attorney
CITY OF DENTON, TEXt
BY: ~)Mt\ ~ ~
Howard Martin . ,
Interim City Manager
TOWN OF ~YLE
BY: //'7 r:t:?N~
Tobin E. Maples
Town Administrator
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Exhibit A
City of Denton Oil and Gas Monitorina
laboratory Analvsis 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.
Analvsis
pH (Standard Units)--
Conductivity( microsiemens)
Salinity;as Chloride (ppm)
Total Dissolved Solids
Cost
$15.00
$15.00
$15.00
$15.00
Chloride (ppm)
$25.00
Total
$85.00
Note: If requested by Town of Argyle. 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 Town of Argyle by lab.
Initial:
Town of Argyle
Date:
Initial:
City of Denton
Date: