Loading...
HomeMy WebLinkAboutItem 23 - Coppell Interlocal AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER Z"2 MEETING DATE: MARCH 15, 2016 SUBJECT: COPPELL INTERLOCAL AGREEMENT RECOMMENDATION: City Council consider approving an Interlocal Agreement with the City of Coppell to update an existing agreement approved in 1995, add provisions for Water and Wastewater service to a 9+ acre tract in Coppell, clarify Police and Fire Response parameters for the area, and take any necessary action. BACKGROUND: When the H/A Grapevine JV property was developed in the mid 90s, approximately 60 acres of the 180 acre tract were located in Coppell. Coppell could not provide water or wastewater service to this 60 acres located on the west side of SH 121. The Cities entered into an Interlocal Agreement under which the City of Grapevine would provide these services. One 9+ acre tract immediately adjacent to the 180 acre tract did not belong to H/A Grapevine JV and was not included in the agreement. (See attached exhibit.) This tract is bordered by Patriot Drive (which was constructed as part of the H/A Grapevine JV development), SH 121 and Denton Creek. The City of Coppell has recently approached us with a request to serve this tract because they do not have water and wastewater facilities on this side of SH 121. The billing terms for this tract will mirror the terms for the initial 60 acres. The proposed agreement updates the original document by incorporating Building Inspection modifications to the original document that were agreed upon by letter between the two City Managers dated February, 1998. Additionally, this agreement clarifies Police and Fire responsibilities for both cities which has been in discussion between the two cities staff over the past few months. Staff recommends approval. 1' 14 E C t T Y • 0 F C"" Or' February 26, 2016 John S. Laster, P.E. Director of Public Works, City of Grapevine 200 S. Main Street Grapevine, TX 76051 RE: Additional 9.9 Acre Tract and Interlocal Agreement Dear Mr. Laster, At this time the City of Coppell does not have the water and sewer infrastructure in place, nor the available capacity in its water and sewer system to serve the 9.9 acre tract located along Patriot Drive, west of State Highway 121, as shown on the attached exhibit. Therefore, it is requested that the City of Grapevine provide the water and sanitary sewer service to the property. Sincerely, Kenneth Griffin, P.E. Director of Engineering & Public Works, City of Coppell 265 E Parkway Blvd. Coppell, TX 75019 A FAMILY COMMUNITY FOR A LIFETIME 255 PARKWAY * P.O, BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX.GOV INTERLOCAL AGREEMENT This Interlocal Agreement between the City of Grapevine, Texas, a Home Rule City (Grapevine) and the City of Coppell, a Home Rule City (Coppell) is entered into pursuant to Chapter 791 of the Texas Government Code. WHEREAS, Grapevine and Coppell have contiguous and adjacent boundaries; and WHEREAS, A tract of land approximately one hundred and eighty (180) acres in size, referred to as the Hunt Property or IDI Property, located in far Northeast Grapevine and Northwest Coppell, was developed under the terms of an Interlocal Agreement between the two cities, dated May 17, 1995, (the "Original Interlocal Agreement"), which tract is reflected in Exhibit "A" and is hereby incorporated into the body of this contract as if copied in its entirety, which tract shall be hereinafter referred to as the Property; and WHEREAS, the Property is located in both the City of Grapevine (approximately one hundred and twenty (120) acres of the property) and in the City of Coppell (approximately sixty (60) acres of the property); and WHEREAS, the Property has been developed as reflected on "the Map" attached hereto as Exhibit "A", a n d WHEREAS, Coppell did not at the time of the Original Interlocal Agreement nor does it currently have the capacity in its water and sewer system to serve the sixty (60) acres of the Property located within its city limits; and WHEREAS, Coppell was and continues to be willing for Grapevine to provide water and sanitary sewer service to the sixty (60) acres of the Property located in Coppell and Grapevine is agreeable to providing such services pursuant to and in accordance with the terms of this Agreement; and WHEREAS, the Interlocal Agreement dated May 17, 1995 was for a 20 year time period with renewal options, and WHEREAS, Coppell wishes to continue the agreement under which Grapevine provides services to the Property, and WHEREAS, Coppell has an additional 9.935 acre tract (the "Tract") abutting Patriot Drive that was not addressed in the prior agreement. Said Tract bordered by Patriot Drive, State Highway 121 and Denton Creek, and WHEREAS, Coppell has requested Grapevine to serve the Tract under the terms of the 1995 agreement and amendments established in this agreement. NOW THEREFORE the parties, Grapevine and Coppell, do hereby contract, covenant and agree for good and valuable consideration including mutual promises, the receipt and adequacy of which is hereby acknowledged, as follows: 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell Section I. All matters stated in the preamble are true and correct and are incorporated into the body of this Agreement as if copied in their entirety. Section II. Water and Sanitary Sewer Service A. Grapevine agrees to provide water and sanitary sewer service to the Property and set rates Grapevine shall receive all revenues from the water treatment and distribution and the sanitary sewer collection and treatment including any impact fees, tap fees, inspection fees, and all other fees. Grapevine shall have the opportunity to review and inspect the plumbing facilities in Coppell during construction and at all reasonable times thereafter to be assured that the facilities are compatible and consistent with the City of Grapevine's system and are not in violation of any of Grapevine's relevant ordinances. Coppell agrees to enforce its ordinances and all federal and state laws. Grapevine ordinances shall prevail in the event of an inconsistency or conflict. B. Property shall pay all rates, fees and charges for water and sanitary sewer service for the sixty (60) acre tract located in Coppell to Grapevine at 1.25 times the rates, fees and charges identified in Grapevine's ordinances establishing such rates, fees and charges. Grapevine retains the right to change and adjust its charges. C. Tract shall pay all rates, fees and charges for water and sanitary sewer service at 1.25 times the rates, fees and charges identified in Grapevine's ordinances establishing such rates, fees and charges. Grapevine retains the right to change and adjust its charges. Section III. Building Permitting Grapevine shall provide all building inspection and Grapevine shall receive all permit and building inspection fees for buildings as listed below. Grapevine shall have the right to enforce and police all applicable City ordinances of Coppell as needed. • 4055 Corporate Drive • 4050 Corporate Drive • 4051 State Highway 121 • 4151 State Highway 121 • 4251 State Highway 121 and • 4051 Freeport Parkway Coppell shall be responsible for all building inspection and Coppell shall receive all permit and building inspection fees for building for buildings listed below. In the event of a conflict between Coppell's and Grapevine's ordinances, in relation to water, sanitary sewer, building codes and fire codes, the most stringent of the two cities' ordinance shall prevail. 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell • 4155 Patriot Drive • 4255 Patriot Drive • 4250 Patriot Drive • "Tract "to be addressed on Patriot Drive and • 4255 Trade Center Drive Section IV. Zoning A. The two (2) cities shall endeavor to zone the Property and the Tract within their respective cities in a manner that is compatible and conducive to development. Any conflict in the zoning shall be resolved by applying the most stringent standard. Approval of Site Plans, Site Plan Amendments shall follow procedures as specified in the jurisdiction as specified in Section III. B. A single subdivision plat shall be filed for review and approval in both cities. Section V. Emergency Services A. All law enforcement services, including reporting, investigation and enforcement of criminal law shall be provided by Coppell and Grapevine according to the Assignment Location Map (hereinafter referred to as the "Map") attached as Exhibit "A" hereto and incorporated herein as if set forth verbatim. B. All firefighting and emergency services including all fire suppression activities, EMS responses, rescues, pre -incident planning and other first responder fire department activities shall be provided for by Coppell and Grapevine according to the "Map". C. All Fire Prevention and Community Safety services, including fire inspections, investigations, public education, emergency management, and fire code enforcement shall be provided by Coppell and Grapevine according to the Map. Private Property Response Grapevine shall be responsible for the buildings and adjoining parking areas located at the following locations: • 4055 Corporate Drive • 4050 Corporate Drive • 4051 State Highway 121 • 4151 State Highway 121 • 4251 State Highway 121 and • 4051 Freeport Parkway Coppell shall be responsible for the buildings and adjoining parking areas located at the following locations: • 4155 Patriot Drive 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell • 4255 Patriot Drive • 4250 Patriot Drive • Tract Addressed on Patriot Drive and • 4255 Trade Center Drive Public Street Response Grapevine shall be responsible for: • Corporate Drive, • Freeport Parkway, • Trade Center Parkway and • the intersection of Freeport Parkway and Patriot Drive. Coppell shall be responsible for: • Patriot Drive and • the intersection of Patriot Drive and Trade Center Drive. Section VI Streets and Drainage All public streets shall be constructed in accordance with Grapevine regulations, ordinances and requirements. Grapevine shall inspect all initial construction. Grapevine agrees to maintain and repair the streets in a manner that is consistent with its street maintenance and repair requirements. Grapevine agrees to submit costs estimates for maintenance and repair activities to Coppell for their approval prior to undertaking the work provided however, that Grapevine shall not be required to submit said estimates in the event that emergency repairs are required as determined by Grapevine. Coppell agrees that subject to any objection to the estimates being submitted to Grapevine within thirty (30) days of receipt of said estimate, said estimate shall be deemed approved by Coppell. Coppell shall reimburse Grapevine, on a quarterly basis, its reasonable expenses incurred in maintaining the streets. Coppell's flood plain requirements shall be applied to: • 4155 Patriot Drive • 4255 Patriot Drive • 4250 Patriot Drive • "Tract" to be addressed on Patriot Drive and • 4255 Trade Center Drive Grapevine's flood plain requirements shall be applied to: • 4055 Corporate Drive • 4050 Corporate Drive • 4051 State Highway 121 • 4151 State Highway 121 • 4251 State Highway 121 and • 4051 Freeport Parkway 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell Section VII. Indemnification A. Coppell does herby release, relieve and indemnify Grapevine, its elected officials, officers, agents, servants and employees, contractors, assigns and successors in interests from any and all claims, suites, causes of action, personal injuries, property damage, including court costs and reasonable attorney fees caused by negligence of Coppell employees or agents relating to the repair and maintenance of the public streets and the operation, repair and maintenance of the public water and sanitary sewer systems within Coppell provided however, that this release and indemnification does not apply to acts solely caused by the negligence of Grapevine, its elected officials, officers, agents, servants and employees, contractors, assigns and successors in interests. Section VIII. A. This agreement shall be for a term of twenty (20) years commencing on the day of 2016. The Agreement shall be automatically extended for five (5) year periods unless any party gives the other parties at least one (1) full year written notice in advance of the extension date. B. All parties may pursue all legal and equitable remedies except termination after giving the other party thirty (30) days written notice to correct the default and failure of the other party to rectify said default. Section IXI. Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO GRAPEVINE: City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attention: City Manager TO COPPELL: City of Coppell P.O. Box 478 Coppell, Texas 75019-0478 Attention: City Manager A change of address may be made by either party upon the giving of ten (10) days prior written notice. 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell Section X. 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. In case any one or more of the provisions contained in this Agreement shall for any reasons be held to invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Dallas County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this agreement. 8. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. It is expressly understood and agreed that in the execution of this Agreement, neither city waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. This section shall be liberally construed to carry out the intent of the city councils of Coppell and Grapevine, and the cities do hereby invoke said governmental immunity to the extent possible under the law All payment for governmental functions or services shall be made from current revenues available to the paying party. 9. It is understood by the parties that this Agreement is entered into for the mutual convenience and purposes of the cities which are parties hereto, and it is the parties' intent that no other parties shall be construed as beneficiaries of this Agreement. 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell 10. This Agreement was authorized by the Coppell City Council at its regular meeting on the day of , 20_, authorizing the Coppell Mayor to execute this Agreement on behalf of the City of Coppell, and by the Grapevine City Council at its regular meeting on the day of , 20_, authorizing the Grapevine City Manager to execute this Agreement on behalf of the City of Grapevine. 11. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for nor against any party. 12. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. 13. If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party will give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence of such event. The obligations of the party giving such notice, to the extent affected by such Force Majeure, will be suspended during the continuance of the inability claimed and for no longer period, and any such party will in good faith exercise its best efforts to remove and overcome such inability. 14. The parties hereto agree to take all reasonable measures which are necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 15. The recitals to this Agreement are incorporated herein, and are intended to aid in the interpretation of this Agreement. 16. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED THIS day of , 2016 by the City of Grapevine. CITY OF GRAPEVINE WILLIAM D. TATE, MAYOR ATTEST: TARA BROOKS, CITY SECRETARY 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell APPROVED BY CITY COUNCIL EXECUTED this day of , 2016, by the City of Coppell. CITY OF COPPELL KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: City Attorney CITY OF COPPELL 0:\Agenda\2016\3-15-16\Interlocal Agreement Coppell I PROPOSED INTERLOCAL AGREEMENT