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HomeMy WebLinkAboutItem 01 - Rockledge Park s ITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER%4K-, MEETING DATE: JANUARY 5, 2010 SUBJECT: INTERLOCAL AGREEMENT WITH THE TOWN OF FLOWER MOUND FOR WATER AND WASTEWATER SERVICE FOR ROCKLEDGE PARK RECOMMENDATION: The City Council should consider an interlocal agreement with the Town of Flower Mound for water and wastewater service for Rockledge Park. BACKGROUND: The Council approved a long-term lease agreement with the Corps of Engineers for Rockledge Park at the March 3, 2009 meeting. In taking over the management of the park, staff recommends the Council also approve an interlocal agreement with the Town of Flower Mound for water and wastewater service for the park at some time in the future. Staff recommends approval of the interlocal agreement with the Town of Flower Mound. The agreement is attached for Council review. DE December 31,2009(9:40AM) �f FIRST AMENDMENT TO 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," entered into an 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 I.nterlocal 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 has requested that the Town expand the area where water and wastewater services ("Services") are provided to include certain City of Grapevine property; and WHEREAS, the Town desires to provide such Services to the City of Grapevine property WHEREAS, the City and the Town concur that this First Amendment to hrterlocal Agreement ("Amendment') is in the best interests of the citizens of Grapevine and Flower Mound; NOW, THEREFORE, THIS AMENDMENT 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, to amend Section V of the Agreement as follows: I. All of the above premises and findings are hereby found to be true and correct and are hereby approved and incorporated into the body of this Agreement as if copied in their entirety. II. Unless specifically amended herein, all provisions of the Agreement shall continue in full force and effect. III. Section V of the Agreement is hereinafter replaced with the following language: 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 Lake Grapevine ("Service Area"), if requested by the City. The City agrees to allow the Town to provide water and wastewater service to property within the Service Area, 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 constriction 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. IV. All other provisions of the Agreement remain in full force and effect. In the event of a conflict or an inconsistency between the Agreement and this Amendment, the terms of the Agreement shall control. IN WITNESS WHEREOF" the Town of Flower Mound and City of Grapevine have executed this First Amendment to Interlocal Agreement on this day of January, 2010. TOWN OF FLOWER MOUND,TEXAS: CITY OF GRAPEVINE,TEXAS By: BY: Jody A. Smith, Mayor William D. Tate,Mayor ATTEST: ATTEST: By: $Y: Paula J. Paschal, Town Secretary Linda Huff, City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By: BY: Terrence S. Welch, Town Attorney John F. Boyle, Jr. City Attorney