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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 S \Our Documvnts\Ordman~s\99\W-WW lnterlocal Co-op Agnnt w Connth Ord doc 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 S \Our Documenla~Con tracls\99~l n torlocal Agrmt COD.Corinth WWW doc City of Corinth - Interlocal Cooperation Agreement- Page 7