2000-161 ORDINANCE NO ,~t~SL/(9 /
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE LAKE RAY
ROBERTS GROWTH MANAGEMENT PLAN, AUTHORIZING THE CITY MANAGER TO
EXPEND FUNDS AS REQUIRED BY SUCH AGREEMENT, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council has previously authorized and the City has entered into a
Park Management Agreement with the Texas Parks and Wildlife Department and the City of
Dallas, Texas wluch - among other things - requires the preparation of a Growth Management
Plan for Lake Ray Roberts, and
WHEREAS, the cities will jOllltly hire a consultant to prepare the Growth Management
Plan at a cost not to exceed $546,495 w~th Denton's share of the cost being 26%, and
WHEREAS, the City Council deems it an the public interest for the City of Denton to
participate with the City of Dallas in prepanng the Growth Management Plan for Lake Ray
Roberts, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager is authorized to execute the attached Interlocal
Agreement Lake Ray Roberts Growth Management Plan which is made a part of this ordinance
for all purposes, with the City of Dallas, Texas, to provide for a Growth Management Plan for
Lake Ray Roberts
~,u0..T. LQ]2L~ That the City Manager, and his designee, are authorized to expend the
funds and to take the actions as set forth in the attached Interlocal Agreement
~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~7~ ~-'-0/ day of ~.~ ,2000
!
JAC~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
INTERLOCAL AGREEMENT
LAKE RAY ROBERTS GROWTH MANAGEMENT PLAN
STATE OF TEXAS
COUNTY OF DALLAS §
This Interlocal Agreement (hereinafter called "Agreement")., mad.e .pursuant.to
Chapter 791, Texas Government Code, as amended.,~s ,e, nte~d re.to b~ ana b,~ _t~.een ,th_e_
City'of Dallas,,~ Tex_a,,s, municipal corporation, ot ~auas t. ounty, texas, tneremaner
referred to as Dallas ) and the City of Denton, a Texas municipal corporation, of
Denton County, Texas (hereinafter called "Denton")
WHEREAS, this Agreement involves governmental functions that each party
individually can perform, and
made from current revenues avallaole to it anli
such payment for the services and functions performed by it
In consideration of the mutual pr,on'uses, covenants and conditions contained m
this Agreement, Dallas and Denton agree to the following
(1) The purpose of this Agree .m, en~s to .s, ta,te~ ~_h_e_t_e_rn~_s_,an~CnO~odri~Oa~ ~nadve~o~r~sh
1st in re ann me ~_,rowm
,Denton .shall .a,,s_s~ .,__ ,~,Jd'..p..a.,~. ~,~.,,aoement Plan./~l~e Growth Management Plan. will
/n.e.remaner.c.aueu u2~. '~"~:'_"'_::'_'i:i~P ..... -*l,~n aevelooment and growth l~uldennes
aaaress ana formulate water cl~llt~,
for Lake Ray Roberts (hereinafter callea 'tn.e la~lce
agree that the consultant's scope of work for the ~rowtn Management ¥1an is aescmveu
in Exhibit A, which is attachec[ to and made a part of this Agreement
(2) The Environmental Compliance Manager (hereinafter referred to as "Manager"),
shall be responsible for the general admm,!stratlon of this Agreement, and shall be
responsible tot the administration of Denton s responslblhtles under this Agreement
(3) Dallas agrees to award and admmmter, in consultation with Denton, a contract
with the consu[iant to perform the Growth Management Plan development Dallas and
Denton both acknowledge thmr vartlcmatlon m the consultant selection process and will
mutually agree upon the consul{ant to'be selected Dallas agrees that it will tunely make
a mnts ~n acc6rdance with the terms and conditions of the consultant contract and
P. aY!. ? ,_,_ ~ .... ~ .... ment of consultant contract vrovimons T.he total
l~a~m' ~o}et~Pe°c~si°iltal; c;'~t'tiii~ to be awarded shall not exceed $546,495 O0 (ttus sum
does not include the portion of the contract in which Dallas will utilize the consultant to
perform work in connection with Lake Ray Hubbard, Dallas agrees that it is wholly
responsible to provide funding for Lake Ray Hubbard work)
4) After award of the consultant contract, Denton agrees to provide Dallas with
· month durra the term of the consultant contract, to reunburse Dallas for
~dmg. each g f 26% of each
Denton's share of the consultant contract expenses, in the amount o
monthly invoice submitted by the consultant The 26 Yo amount represents Denton s
share of the consultant contract costs (which share shall not exceed $142,089) Denton
shall submit each payment to Dallas wlthm 20 days after Denton's recel]vt of a copy of
the consultant's invoice as provided by Dallas Submission by Dallas of the consultant's
invoices to Denton shalJ constitute its assurance that the consultant has satisfactorily
performed the services covered by the invoice m accordance with the consultant's
contract Dallas' share of the consultant contract cost (not mcludmg the Lake Ray
Hubbard work) will be 74%
(5) The scope of work for development of the Growth Management Plan may be
increased only by mutual agreement of Dallas and Denton If additional funding is
needed becatise one of the parties desires to increase the scope of work to address
~PoeClfic concerns of that party r.elated to the Growth Management Plan or Lake Ray
berts, or otherwise perform work solely for the benefit of thatparty, the party
requestmg the increase in scope of w.ork shall pay 1.0.0% o_f t.h,e add}t~na.1 cost If
adaltlonaIfundlng is needed for any other reason, anc~ Doth Dallas anc~ taemon agree
that addlhonal f~dmg m necessa~, Dallas and Denton agree to share m the addit~onal
costs as follows Dallas - 74% of the total additional cost, Denton - 26% of the total
additional cost Denton shall provide such fundmg within twenty (20) days a.fter recelp.t
of a copy of the consultant mvoice as provided by Dallas Changes to the Agreement
requiring an mcrease in funding from elt. heriParty ?hal.1._.be.,made. o..nly, pursuant to
supplemental agreement approved by the City Counclm ot L~al~as ano L~enton
(6) The term of this Agreement shall begin on the date, of its. exec.ut, lon: an~n~ndt
upon final approval by Da31as and Denton of the consultant s worx ano tmal pay
of the consultant by Dallas
(7) To the extent information developed by the consultant developing t.he Gro. wth
Management Plan can be kept confidential under Texas law, reports, mtormatlon,
proJect evaluation, data or any other documentation developed by, g~ven to, prepared
by or assembled by the consultant developmg the Growth Management Plan shall not
be disclosed or made available by either party to any mdivldual or organization (other
than the Corps of Engineers or the State of Texas Parks and Wildlife Department)
without the ex, pressed prior written approval of the other party If a party ~s reqmred to
d~sclose this lnformahon as the result of a request made under the Texas Public
Informatmn Act (Chapter 552 of the Government Code), such disclosure shall not
constitute a breach of ttus agreement
(8) The work product dehverables and related documents of the Growth
Management Plan consultant shall be considered lomt property of both Dallas and
Denton The consultant shall deliver all documents to Dallas Denton, however, shall
receive from Dallas without charge, copies of any and all of the work product
deliverables and related documents received from the Growth Management Plan
consultant within ten (10) days of Dallas receiving said documents Any response
required to requests for reformation make pursuant to the Texas Public Ihformahon
Act or the Federal Information Act shall be the responsibility of Dallas
(9) Either party may termmate flus Agreement for convenience upon sixty (60) days
advance written not~ce to the other party, with the understandmg that all services being
performed under the consultant contract for the Growth Management Plan shall also be
termmated by the date specified in such notice To the extent that the Growth
Management Plan consultant ~s owed compensation, Dallas may use avmlable funding,
Lake Ray Rol~rts - Interlo~ A~reement
2
including that contributed by Denton, to pay the consul, t_ant for services satisfactorily
rendered- m accordance with the terms of the consultant s contract prior to the date of
termma~lon
(10) All notices, communications, and reports required or permitted under this
Agreement shall, be personally_ delivered or malle~i to the respective parties by
deposltinR same in the Umted States mall, postage Ivrer~ald, at the addresses shown
betow, un'less and until eitherparty is otherwise notlhect m writing by the other party
at, the following addresses M'mled notices shall be deemed communicated as otfive
days after mailing
If intended for Dallas, to
Terrace Stewart
Director, Dallas Water Utllihes
City of Dallas
C~ty Hall - Room 4/a/North
1500 Manila Street
Dallas, Texas 75201
If intended for Denton, to
Juhe Smith
Environmental Compliance Manager
C~ty of Denton
21~E McKmney Street
Denton, Texas 76201
(11) Thru Agreement is made, su. bje~ to. the l~ro.v.mlo..ns, of th.e~Ch, arte, r,s and ordinances
of Dallas and Denton, as amenc~ect, anct att appncavte ~rate anc~ ~ec~erai laws
(12) This A~;reemen. t shall be g.o?rned by and construed in accordance with the laws
and court decmions of the State ot lexas
(13) In case any one of more of the provls~ons contained m t~s Agreement shall for
any reason be heId to be mvahd, illegal, or unenforceable m any respect, such mvahdity,
illegality, or unenforceablhty, shal! not affect any other provision thereof and this
Agreement shall be considered as ff such mvahd, tllegal, or unenforceable prowsion had
never been contamed ~n ttus Agreement
(14) Thru Agreement may be executed m any number of counterparts, each of wtuch
shall be deemed an omgmaland constttute one and the same instrument
(15) This Agreement embodies the complete agreement of the parties hereto,
superseding all oral and wmtten previous and contemporary agreements between the
part~es, relating to matters m ti'us Agreement and cannot be, mod~.fl,ed, except .as ,m.~ay
otherwise provided m flus Agreement, without wmtten supplemental agreement ot me
part~es to Be attached to and made a part of ti'us Agreement
(16) When completed, a true, complete and correct copy of the Growth Management
Plan w~ll be attac~ed to and made a part of that certain Park Management ~dontract
Lake I~y R0b~ts lnt~rlocal Agreement
3
between Texas Parks and Wildlife Department and the Cities of Dallas and Denton,
Texas, as supplemented
EXECUTED flus the day of ~, 2000, by Dallas, signing by and through its
Ctyi Mana er, duly authonzed to execute same by_ Resolution No ,adopted. by
the City ~o~unol on ,2000, and by Denton slRnmg by and through its City
Manager, duly authorized to execute same by Resolutlon~XIo , adopted by the
C~ty Council on ,2000
APPROVED AS TO FORM CITY OF DALLAS
MADELEINE B JOHNSON TEODORO J BENAVIDES
City Attobney City Manager
BY BY
City Manager
Assistant City A~i
APPROVED AS TO FORM CiTY OF DENTON
MICHAEL W JEZ
Lake Ray Robe~ - lnterlocal Agreement
4