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HomeMy WebLinkAboutItem 17 - Interlocal Agreement - Flower MoundITEM + 0� / q now* MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL r � FROM: ROGER NELSON, CITY MANAGER P-e-� MEETING DATE: JUNE 18, 2002 SUBJECT: INTERLOCAL AGREEMENT — FLOWER MOUND RECOMMENDATION: City Council consider approving an Interlocal Agreement with the Town of Flower Mound, authorize staff to execute said agreement, and take any necessary action. BACKGROUND: Development is presently occurring in the far south areas of the Town of Flower Mound. The Lakeside Business District is currently under design and will include a public street connection (Enterprise Drive) to Lakeside Parkway which falls within the City of Grapevine. y Staff has worked with the Town of Flower Mound staff to develop an Interlocal Agreement to address the planned construction of Enterprise Drive and any future public improvements in Flower Mound which may impact Grapevine. In addition, Flower Mound has agreed to provide water and wastewater service to those future developments in Grapevine that are located north of Denton Creek if requested by the City. A map of the water and wastewater service area is included. The City of Grapevine does not have any water or wastewater facilities north of Denton Creek and the cost of extending those facilities from the south could be cost prohibitive to prospective development. If the cost is significantly less to be served by Flower Mound, we have provided that option to prospective developers. Staff recommends approval. 0:\agenda\061802\Interlocal Agmt Flower Mound June 12, 2002 (2:13PM) INTERLOCAL AGREEMENT WHEREAS, the City of Grapevine, Texas, hereinafter referred to as "the City," and the Town of Flower Mound, Texas, hereinafter referred to as "the Town," desire to enter into this Interlocal Agreement, hereinafter referred to as "the Agreement," relative to Enterprise Drive and the Lakeside Business District in the Town, water and wastewater service, eminent domain and other issues of mutual concern between the City and the Town; and WHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of the Texas Government Code, authorizes Texas local Governments to contract with one or more other local governments to perform governmental functions and services under the terms of said Act; and WHEREAS, the City and the Town concur that this Agreement is in the best interests of the citizens of Grapevine and Flower Mound; NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the City and the Town for the mutual consideration stated herein, the receipt and adequacy of which are hereby affirmed, and the City and Town do hereby contract, covenant and agree, subject to the following terms and conditions, as follows: 11, All of the above premises and findings are hereby found to be true and correct and are w„ hereby approved and incorporated into the body of this Agreement as if copied in their entirety. H. The City and the Town acknowledge that the Town is constructing public improvements in the Lakeside Business District, depicted in Exhibit 1, attached hereto and incorporated herein by reference, which includes roadway and utilities construction as depicted, in part, on Exhibit 2, attached hereto and incorporated herein by reference. Exhibits 1 & 2 shall hereinafter be collectively referred to as the "Project". The Project will include the construction of and dedication to the public of infrastructure improvements, including but not limited to the construction of Enterprise Drive, which may extend into the corporate boundaries of the City. The parties hereto agree that the Town shall maintain same at all times hereafter. The cost of construction and maintenance shall be the sole responsibility of the Town. The Town agrees that any roadway and utility improvements within the City's corporate limits shall meet or exceed the City's minimum design criteria. The City shall have review and approval authority of the construction plans including any revisions or additions to the plans. Page 1 o:\stan\flower mound\interlocal agreements\w&ww service — N Denton Creek IV. The Town's construction of public water, wastewater, street and drainage improvements that are or may be located in the Lakeside Business District, are located within the City's corporate limits, and are above and beyond the scope of the Project shall be subject to review and approval by the City. Upon review and approval by the City of improvements beyond the scope of the Project, the City hereby authorizes the Town's use of eminent domain in the City's corporate limits, if necessary, to acquire any and all necessary right-of-way for said public improvements. V. The Town agrees to provide water and wastewater service to all of the property within the City Limits of the City that falls north of Denton Creek and east of Grapevine Lake Dam ("Service Area") if requested by the City. The City agrees to allow the Town to provide water and wastewater service to said property if requested by the City. In the event that the Town provides service to all or a part of the Service Area, the Town shall receive all revenues from the water treatment and distribution and wastewater collection and treatment including impact fees, tap fees, inspection fees, deposits, consumption charges, and all other fees applicable to those parts of the Service Area being served by the Town. The Town shall have the opportunity to review and inspect the plumbing facilities of any portion of the Service Area being served by the Town during construction and at all reasonable times thereafter to be assured that the facilities are compatible and consistent with the Town's system and are not violations of any of the Town's relevant ordinances. The City agrees to enforce its ordinances and all federal and state laws. The Town's ordinances shall prevail over those parts of the Service Area being served by the Town relative to water and wastewater issues in the event of an inconsistency or conflict. The subject property shall pay all rates fees and charges for water and wastewater service to the Town at the Town's established rates in accordance with the Town's existing ordinances. The Town reserves the right to change and adjust its rates. VI. The City agrees that at such time that the Town determines the installation of a traffic signal at the intersection of Enterprise Drive and Lakeside Parkway is warranted in accordance with the Texas Manual on Uniform Traffic Control Devices, the Town may install said traffic signal. The cost of installation and maintenance of the signal shall be the sole responsibility of the Town. VII. This Agreement may not be assigned. It embodies the entire agreement between the parties and may not be amended except in writing. Page 2 oAstan\flower mound\interlocal ao eements\w&ww service — N Denton Creek VIII. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to mediation. 10 No modifications or amendments to this Agreement shall be valid unless in writing and signed by the signatories hereto or their heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas, or Tarrant County, Texas. NO This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same. on This Agreement shall be filed in the deed of records of Denton County, Texas, Dallas County, Texas and Tarrant County, Texas. In the event that one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. Page 3 oAstan\tlower mound\interlocal agreements\w&ww service — N Denton Creek EXECUTED this _ day of 1 2002, by the Town of Flower Mound, Texas, pursuant to Town Council action taken on the day of 1 2002, and by the City of Grapevine, Texas, pursuant to City Council action taken on the day of )2002. TOWN OF FLOWER MOUND, TEXAS 0 Lori L. DeLuca Mayor ATTEST: Paula Lawrence Town Secretary Terrence S. Welch Town Attorney Town of Flower, Texas CITY OF GRAPEVINE, TEXAS -0 William D. Tate Mayor ATTEST: Linda Huff City Secretary John F. 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