1999-223 oRDrNANCE NO
AN ORI3INANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND THE CITY OF
CORINTH, TEXAS PROVIDING FOR THE INSTALLATION OF WATER AND SEWER
LINES WITHIN THE CITY LIMITS OF BOTH CITIES IN ORDER TO PROVIDE
SERVICES TO THE BRYDEN ADDITION AND THE WYNNSTONE AT OAKMONT -
PHASE I DEVELOPMENTS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, both the C~ty of Denton and C~ty of Connth are mumclpaht~es and pohtlcal
subdlws~ons of the State of Texas that are authorized by law to enter ~nto lnterlocal cooperation
agreements and contracts under Texas Government Code, Chapter 791, and
WHEREAS, the City Council deems it xn the pubhc ~nterest to enter ~nto this Inteflocal
Cooperation Agreement w~th the C~ty of Connth, Texas ~n order to effimently and economically,
from both of the cities' standpomts, provide water and sewer service In two new res~dentml
subdlws~ons which are situated along and near the common boundary of the City of Denton and
the C~ty of Connth, Texas as more particularly described by the Interlocal Cooperation
Agreement, a copy of which Is attached hereto, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Council of the Caty of Denton hereby approves that certmn
Interlocal, Cooperation Agreement by and between the City of Denton, Texas and the City of
Connth, Texas, a copy of which Agreement is attached hereto and incorporated by reference
herewith for all purposes That the Mayor, or m h~s absence, the Mayor Pro Tern, as hereby
authorized to execute the smd Inteflocal Cooperation Agreement in substantially the form of the
Agreement whmh is attached hereto
SECTION II That th~s ordinance shall become effective immediately upon its passage
and approval
PASSEDANDAPPROVEDthlstheo._,o~../0t~ dayof )Z4t.ff_.~ , 1999
JAPER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERA FION AGREEMENT
f'~THIS AGREEMENT Is made and entered into on the ~,~,~ day of
~i~[Z4L.Q_~ , 1999, by and between the City of Denton, Texas, a Municipal
Co,_ration, acting hereto, by and thr,o, ugh its Mayor, duly-authorized by ordinance of the Denton
City Council (hereinafter DENTON ), and the City of Corinth, Texas, a Municipal Corporation,
acting herein by and through its Mayor, duly-authorized by ordinance of the Connth City
Council (hereinafter "CORINTH")
WHEREAS, DENTON and CORINTH are both local governments with the authority and
the power to contract and to enter into Interlocal Cooperation Agreements in accordance with the
provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code, and
WHEREAS, the purpose of this Agreement is to increase the efficiency and effectiveness
of the local governments of DENTON and CORINTH, in a matter in which they are mutually
interested in, which ~s their provision of water and wastewater/sewer services to their respecttve
cmzens in two new developments, which provm~on of such services ~s a governmental function
or service, w~thln the purview of Sectmn 791 003 (3)(N) of the Texas Government Code, and
DENTON and CORINTH desire to coordinate their respective act~wt~es so that they each may
benefit from certain advantages and economies, while serving the needs of tbe~r respectwe
citizens, and
WHEREAS, DEN YON and CORINTH each provide water and wastewater/sewer
servtces to their respective citizens within their corporate ctty hm~ts as a governmental function
and service, wluch serves the public health and welfare, benefits their respective c~t~zens, and ~s
of mutual concern to DENTON and CORINTH, and
WHEREAS, DENTON and CORINTH mutually desire to be subject to the prows~oas of
the Texas Government Code, Chapter 791, the "lnterlocal Cooperatton Act" and tbas Agreement
~s entered into pursuant thereto, and
WHEREAS, both DENTON and CORINTH have the contracting authority to perform
the governmental functions and services set forth in th~s Agreement m accordance w~th the
provisions of Section 791 011 (a) oftbe Texas Government Code, are each authorized to perform
such governmental functions and services ~ndlvldually, ~n accordance with Section 791 011
(c)(2) of the Texas Oovemment Code, and are further authorized to contract vath each other to
provide the governmental functions and services herein prowded for, m accordance unth Section
791 026 (a) of the Texas Government Code, pertmmng to water and wastewater facllmes, and
NOW, THEREFORE, DENTON and CORINTH, in consideration of the mutual
promises and covenants of the parties contained m tlus Agreement, considering the benefits to be
attained by DENTON and CORINTH under th~s Agreement, and for other good and valuable
mutual eons~deration hereinafter stated, do hereby AGREE as follows
ARTICLE I
RECITATIONS
DENTON and CORINTH agree that the rec~tations contained m the above and foregoing
preamble shall be incorporated herewith and shall be considered as a part of ttus Agreement for
all purposes pertinent
ARTICLE II
TERM OF AGREEMENT
DENTON and CORINTH agree that the term of this Agreement shall be in perpetuity
Th~s Agreement may be earlier terminated by the part,es ~n accordance w~th other prows~ons of
this Agreement
ARTICLE III
BRYDEN ADDITION DEVELOPMENT
CONSTRUCTION OF SEWER LINE
A The Bryden Addttion Development (hereat~er "Bryden") ~s located entirely within the
present corporate hm~ts of CORINTH, and ~s ~mmed~ately South of the corporate hm~ts
of the DENTON DENTON and CORINTH agree that CORINTH shall prowde sewer
service to the Bryden Development CORINTH, in order to serve the Bryden
Development, has determined that ~t Is necessary for It to construct an eight-tach sewer
line The sewer line wall be located such that it will cross the present CORINTH
corporate limits ~nto DENTON's present corporate hm~ts, on Post Oak Road at Station
21+30, then will extend Easterly on Shady Shores Road, then vnll continue by crossing
over from DENTON back into the present corporate hm~ts of CORINTH at the
intersection of Shady Shores Road and Old U S Highway 77
B DENTON and CORINTH agree that the sewer line shall be located m the pubhc right-of-
way DENTON and CORINTH further agree that CORINTH shall own, operate, and
mmntain the sewer line, and shall have the right to repair and/or replace the sewer line, as
needed, m order to properly serve the Bryden Development The sewer line to be
constructed shall be prod for by the developer of the Bryden Development, as such
construction is required as a development exaction A copy of the map showing the
location of the planned sewer hne is attached hereto as Exhibit "A" and ~s incorporated
herewith by reference
Csty of Connth - Interlocal Cooperation Agreement- Page 2
ARTICLE IV
WYNNSTONE AT OAKMONT PHASE I DEVELOPMENT
CONSTRUCTION OF WATER LINE
A The Wynnstone at Oakmont -- Phase I Development ("hereafter "Wynnstone") is located
within the present corporate hmlts of DENTON The water supply for the Wynnstone
Development m DENTON will be provided by the Denton Munlmpal Water Utility
DENTON, m order to serve the Wynnstone Development, has determined that ~t is
necessary for It to construct a twelve-tach water line The water line vail be located such
that it will cross the present CORINTH corporate hm~ts at Station tt5+50 on Pine Hills
Line, then will cuntmue, entering DENTON's present corporate limits at Station 51+00
on Robinson Road The water line will be located m a proposed sixteen-foot public
utility easement This sixteen-foot public utility easement is aligned and routed to lie
within a public street right-of-way to be dedicated by plat in the future to CORINTH as a
part of the Oakmont IV Subdivision A metes and bounds legal description of the
proposed easement is attached hereto as Exhibit "B" and ~s incorporated herewith by
reference
B DENTON and CORINTH agree that the water line shall be located In the public right-of-
way, to the extent that it lies outside of the proposed sixteen foot public utility easement
referenced m Artmle IV A above DENTON and CORINTH further agree that
DENTON shall own, operate, and mamtmn the water hne, and shall have the right to
repair and/or replace the water line, as needed, to properly serve the Wynnstone
Development The water line to be constructed shall be prod for by the developer of the
Wynnstone Development, as such construction ~s reqmmd as a development exactmn A
copy of the map showing the location of the water line ~s attached hereto as Exhibit "C'
and ~s incorporated herewith by reference
ARTICLE V
PAYMENTS
DENTON and CORINTH agree that there are no payment obhgat~ons to each other
provmded for under th~s Agreement, and that the benefits to be received by DENTON and
CORINTH by their performance of this Agreement, are fatrly equivalent
ARTICLE VI
TERMINATION AND DEFAULT
A Either party to this Agreement may terminate th~s Agreement at any t~me w~th just cause
by gtwng the other party no less than one hundred eighty (180) days advance written
not~ce, specifying the date of termination,
B In the event that either party breaches a provision of this Agreement, the other party
hereto shall provide the defaulting party w~th written notice spemfymg the exact default
complained of In the event that the defanltmg party shall fall to substantially remedy or
c,ty of Corinth - Interlocal Cooperation Agreement - Page 3
correct the alleged default within one hundred eighty (180) days after the date noUce of
defhult was sent by the complamng party, the complaining party may declare th~s
Agreement termmated DENTON and CORINTH agree to exercise their rights and
options contained in flus Artmle judmlously, and m good lath, considenng the pubhc
interests involved
ARTICLE VII
LIABILITY
A DENTON agrees to and accepts responsfluhty for the acts, negligence, and/or omissions
of its employees and agents, its subcontractors, and/or contract laborers doing work under an
agreement with DENTON related to the performance of this Agreement with CORINTH, to the
extent permitted by applicable law
B CORINTH agrees to and accepts responsibthty for the acts, neghgence, and/or omissions
of its employees and agents, ~ts subcontractors, and or/contract laborers doing work under an
agreement with CORINTH related to the performance of this Agreement w~th DENTON, to the
extent permitted by applicable law
C DENTON and CORINTH further agree that if any claim or liability shall arise from the
joint or concumng negligence of both part,es hereto, it shall be borne by them comparatively, in
accordance with the laws of the State of Texas, and subject to the extent penmtted by applicable
law This paragraph shall not be construed as a waiver by either party of any defenses available
to it under the laws of the State of Texas The parties agree that it ~s not their intention to create
liability for the benefit of third parties, but that flus Agreement shall be solely for the benefit of
the parties hereto
ARTICLE VIII
GOVERNMENTAL IMMUNITY
Neither DENTON nor CORINTH waive, nor shall DENTON and CORINTH be deemed
by this Agreement, to wave any immunity or defense that would otherwise be available to it
respecting any clam(s) made or arising from any act or om~smon arising under flus Agreement
ARTICLE IX
NOTICE
All notices required by, or which otherwise pertain to th~s Agreement shall be sent by
U S mai, postage prepaid, certified mai, return receipt requested, or hand-dehvered to, or
telecopied to the C~ty Manager of the other C~ty Notice shall be effective upon the receipt of
such notme by the City Manager
C:ty of Corinth - Interlocal Cooperation Agreement- Page 4
ARTICLE X
ENTIRE AGREEMENT
Th~s Agreement represents the entire Agreement between DENTON and CORINTH
regarding the subject matter of thts Agreement, and supersedes all prior negotmttons,
representations, statements, understanding and/or agreements whether written or oral ~n nature
ARTICLE XI
MODIFICATION
Th~s Agreement may be amended only by a written document signed by a duly-
authorized offictal of both the C tt~es of DENTON and CORINTH
ARTICLE XII
GOVERNING LAW AND VENUE
Th~s Agreement and any oftts terms or prows~ons, as well as the rights and duties of the
part~es hereto, shall be governed by and construed m accordance w~th the laws of the State of
Texas Venue of any stat or cause of actmn arising under th~s Agreement shall he exclusively ~n
State D~stnct Court ~n Denton County, Texas
ARTICLE XIII
ASSIGNMENT
Neither party to th~s Agreement may assign thts Agreement, except upon the prior wnttan
consent of the other party
ARTICLE XIV
SEVERABILITY
In the event that any prows~on of this Agreement shall be found by a court of competent
jurisdiction, to be contrary to law, ~t ~s the intent of the part~es hereto that the remmmng porttons
of this Agreement shall remain vahd and m full force and effect, to the extent lawfully possible
ARTICLE XV
CAPTIONS
The captions of thts Agreement are for lnformattonal purposes only and shall not ~n any
way affect the substantive terms or condmons of this Agreement
The undersigned Mayors of the Ctty of Denton and the C~ty of Corinth are the properly
authorized officmls and have the necessary authority to execute th~s Agreement on behalf of their
respective Ctty, and each C~ty hereby certffies to the other that any necessary ordinances
estabhshmg such authority have been duly passed and are now m full force and effect
C~ty of Corinth - Interlocal Cooperation Agreement- Page
~Yfl~CUTED in duplicate original counterparts on this the ,-~7,~//day of
~, ,1999
CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS
By SI21IRLEY SPF~LL~RBERG, MAYOR
ATTEST ATTEST
JENNIFER WALTERS, CITY SECRETARY CONNIE BELL, CITY SECRETARY
By (~ J'}J~lJ/~.-- ~J~x2-d By
APPROVED AS TO LEOAL FORM APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY CITY ATTORNEY
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned Notary Public, appeared Jack Miller, in his official
capacity as Mayor of the City of Denton, Texas, who signed ancVacknowledged the foregoing
InterlocalCooperat,onAgreementonth~sthe ~ dayof/~ ~ ,1999
;o,~ .. % ANN FORSY ~A J
C~ of Corinth - Interloc~l Cooperntlon A~eement - Pnge 6
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned Notary Public, appeared Shirley Spellerberg, in
her offimal capacity as Mayor of the City of Connth, Texas, who signed an,.~ ae~nowledged the
foreg~_~nterlocal Cooperation Agreement on tlus the a~__/, day of
,1999
CITY ATTORNEY'S OFFICE
City of Denton, Texas
215 East MeKinney
Denton, Texas 76201
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