2005-295
S:\Our Documents\Ordinances\05\lnterlocal Agrmt-Copper Canyon.doc
ORDINANCE NO. 2f}05- .895
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 COPPER CANYON, 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 Town of Copper Canyon 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 ofthe 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 dJJt.tdayO~ ,2005.
C~~Jc
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ~Uh (llw cWlfL; aut,
APPROVED AS TO LEGAL FORM:
EDWIN M. S R, CITY TTORNEY
-By:
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE TOWN OF COPPER CANYON
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 Copper Canyon, Texas, a Texas town general law municipality,
hereinafter referred to as "Copper Canyon".
WHEREAS, Copper Canyon is in need of gas well inspection services; and
WHEREAS, Denton and Copper Canyon 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:
I.
The term of this Agreement shall commence as of the Effective Date and shall
expire on September 1, 20 I 0 unless terminated earlier as provided herein.
II.
Denton shall provide gas well inspection services as follows:
1. Inspection fee of$I,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 Copper Canyon 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 W ell 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 Copper Canyon without direct participation by the Gas Well Inspector
unless requested as an additional service by Copper Canyon;
4. Enforcement of Copper Canyon gas well regulations will be the sole responsibility of
Copper Canyon. 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
Copper Canyon 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 Copper Canyon 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 Copper Canyon Town Administrator. In addition to the fees specified
above, for the services of the Denton Gas Well Inspector, Copper Canyon 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. Copper Canyon 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.
IlL
This Agreement may be terminated in whole or in part, with or without cause, by Denton
or Copper Canyon 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: Michael A. Conduff, City Manager
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas 76201
Fax No. 940-349-8596
For Copper Canyon: Paulette Hartman
Town Administrator
Town of Copper Canyon
400 Woodland Drive
Copper Canyon, Texas 75077
Fax No. (940) 241-2727
In the event of termination Copper Canyon 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 Copper Canyon 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 20i4ay of (-r;JUflZOtf2005 (the "Effective
Date").
CITY OF DENTON, TEXAS
~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: QW bj)uudMru/ !Uti.
BY:
CITY OF COPPER CANYON
ATTE.ST: /)
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BY: '/X2J:vkJ!; IlYJ/).!J
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Exhibit A
City of Denton Oil and Gas Monitorin2
Laboratorv 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 Agreement.
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
TPH (ppm)
fiber optic method
immunoassay method
Combined Cost
$30.00
Total
Stts.OO
Note: IfTPH is greater than 15 ppm, sile will be re-sampled with approval of Copper Canyon
and sample will be sent to independent lab for verification using Gas Chromatograph
Detection method. Sampling procedures shall be a minimum of one
hour by City of Denton Staff. Independent lab cost 10 he billed
directly to Town of Copper Canyon by lab.