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Home My WebLink AboutRES 2000-004 RESOLUTION NO. 2000-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE AIR MONITORING SITE AGREEMENT REQUESTED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO LOCATE AN AIR MONITORING FACILITY ON CITY LEASED PROPERTY FROM THE UNITED STATES CORPS OF ENGINEERS TO ASSIST IN GATHERING INFORMATION RELATIVE TO AIR QUALITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, state and local governments are charged with the responsibility of ensuring air pollution standards are met to provide for the health and welfare of our respective constituency; and WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC) has been delegated the regulatory responsibility to ensure air quality standards by the United States Environmental Protection Agency; and WHEREAS, the Dallas/Fort Worth Metropolitan Area has been designated as a serious non-attainment area for ozone national ambient air quality standards by the United States Environmental Protection Agency; and WHEREAS, the City of Grapevine has property leased from the United States Corps of Engineers that has been identified by the TNRCC as necessary for the location of an air monitoring station; and WHEREAS, the City of Grapevine approves the lease agreement with the TNRCC as presented in Exhibit "A" for the location of an air monitoring station on City leased property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble to this resolution are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Council approves the air monitoring site agreement requested by the Texas Natural Resource Conservation Commission to locate an air monitoring facility on City leased property from the U.S. Corps of Engineers to assist in gathering information relative to air quality. Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this 4th day of January, 2000. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney RES. NO. 2000-04 2 EXHIBIT TO 44',ae _efe Page of �...� AIR MONITORING SITE AGREEMENT The City of Grapevine hereby agrees to permit the Texas Natural Resource Conservation Commission (TNRCC) to locate and operate a continuous air monitoring station on land owned by the U.S. Corps of Engineers on the east end of Grapevine Lake, and leased to the City of Grapevine. The term of this agreement is five years from the date this agreement is executed, and is renewable for a five-year term thereafter, upon agreement by the TNRCC and the City of Grapevine. 1. Property Location The site is in the far northwest corner of the land leased for the city golf course. It is located on the east side of Fairway Road, across from the entrance to Rockledge Park. 2. Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in a fiberglass trailer, with a metal roof, approximately 24 feet long, 8 feet wide, and 10 feet high, plus auxiliary equipment outside the trailer, including a 10 meter weather tower. The station will require a ground space approximately 40 feet long by 40 feet wide, enclosed by wire mesh fencing. The site will be surfaced with crushed rock. The trailer will be environmentally controlled and will contain instrumentation, as deemed appropriate by the TNRCC as well as peripherals required for the proper operation of the instruments. 3. Provision for Utilities The TNRCC will arrange and pay for ground preparation, fencing, telephone and electrical installation and service. 4. Occupation of the Station The station will normally be unmanned, except for routine maintenance visits by theTNRCC staff (during regular working hours) occurring approximately two times each week. 5. Right of Access The TNRCC, its employees, agents, and others in association with the TNRCC shall have the right of ingress and egress to the property. 6. Liability and Indemnity The TNRCC acknowledges that it is not an agent, servant, or employee of the City of Grapevine, and that it is responsible, to the extent provided by law, for its own acts and EXHIBIT / , TO ,91 'o' Page of deeds and for those of its agents, servants or employees during the term of this agreement. The law permitting, the TNRCC will indemnify the City for tort claims arising from the negligent maintenance or operation of the equipment, provided the legislature appropriates funds to satisfy such claims. However, as restricted by the Texas Constitution, any provision in this agreement creating a debt against the State is void ab initio. Further, in no way does the foregoing declaration waive the State's sovereign immunity. 7. Restoration of Property The TNRCC shall make reasonable repairs and/or replace any property of the City of Grapevine damaged by the TNRCC's operations conducted on the property to the extent funds are made available by the Texas Legislature for this purpose. Upon removal, and at the request of the City of Grapevine, the TNRCC shall restore the property to the condition it was in prior to the installation of the monitoring equipment, to the extent funds are made available by the Texas Legislature for this purpose. 8. Removal of Property Any property of the TNRCC permitted to be placed on or kept at the property described above shall be removed within forty-five (45) working days after termination of this agreement. 9. Equipment to Remain Property of the TNRCC All equipment connected or related to the Air Monitoring Station shall remain the property of the TNRCC. 10. Notice to Vacate If the City of Grapevine wishes to terminate this agreement and reclaim possession and use of the site described in this agreement, the City of Grapevine shall give the TNRCC thirty (30) days written notice to vacate the site. The City of Grapevine shall make a reasonable effort, however, shall not be required, to furnish an alternate location to the TNRCC in the area as determined suitable by the City of Grapevine and agreed to by the TNRCC. The TNRCC may also terminate this agreement upon thirty (30) days written notice to the City of Grapevine. 11. Sovereign Immunity The City of Grapevine agrees that by entering into this Lease Agreement, TNRCC does not wave the'State's sovereign immunity relating to suit, liability, and the payment of damages. The parties agree that all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the availability of funds appropriated by the Texas legislature for that respective claim, suit, or obligation. EXHIBIT—L. TO off Page L of 12. Severability The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 13. Entire Agreement This agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed, modified, discharged, or extended except by written instrument duly executed on behalf of the parties. WITNESS OUR HANDS: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION City of Grapevine Signature of Authorized Representative Signature of Authorized Representative Steve Spaw, P.E. Printed or Typed Name of Representative Printed or Typed Name of Representative Director, Monitoring Operations Division Title Title Date Date