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HomeMy WebLinkAboutItem 07 - Interlocal Agreement with the Town of Flower MoundMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER'd,�i' MEETING DATE: OCTOBER 20, 2015 JJ�� SUBJECT: INTERLOCAL AGREEMENT — DEVELOPMENT OF A 50 -ACRE TRACT THAT LIES IN FLOWER MOUND AND GRAPEVINE RECOMMENDATION: Council to consider approval of an interlocal agreement for the development of a 50 -acre tract, of which approximately 10 acres lies with the Town of Flower Mound city limits and 40 acres lies within the City of Grapevine. BACKGROUND: The portion of the City's 185 acre tract that was recently sold to Seefried lies within the City of Grapevine and the Town of Flower Mound. Approximately 80% is in Grapevine and 20% is in Flower Mound. In order to streamline the development process for the project and facilitate public services on the site, Grapevine and Flower Mound are proposing an interlocal agreement. The major terms of the agreement are as follows: • Grapevine would be responsible for the regulation of the development process including concept plans, site plans, building codes and inspections, code enforcement, platting, driveway permitting, floodway, floodplain, tree removal and fill activities • Flower Mound will allow for the proposed fill of portions of the property that are in Flower Mound pending approval by FEMA • The Flower Mound portion of the site will be governed by applicable Flower Mound zoning ordinances and the proposed uses are permitted under the current zoning of the tract • Grapevine will process platting of the site • Flower Mound will abandon any existing water, sewer, utility slope and drainage easements • Grapevine will provide all water and wastewater to the site and collect all related fees Any watering restrictions that apply to the rest of the City of Grapevine will also apply to this site • All emergency services will be provided by Grapevine The Flower Mound Town Council will consider approval of the interlocal agreement in the next few weeks. Staff recommends approval. INTERLOCAL AGREEMENT FOR THE DEVELOPMENT OF A 50 ACRE TRACT, OF WHICH APPROXIMTELY 10 ACRES LIES WITHIN THE TOWN OF FLOWER MOUND AND 40 ACRES LIES WITHIN THE CITY OF GRAPEVINE. STATE OF TEXAS § COUNTY OF TARRANT § COUNTY OF DALLAS § COUNTY OF DENTON § This Interlocal Agreement (the "Agreement") is hereby entered into by and between the City of Grapevine, Texas, a home rule municipality located in Dallas, Denton, and Tarrant Counties, Texas, ("Grapevine") operating herein by and through its duly authorized Mayor, William D. Tate, and the Town of Flower Mound, Texas, a home rule municipality located in Denton County, Texas, ("Flower Mound") operating herein by and through its duly authorized Mayor, Tom Hayden. Flower Mound and Grapevine may be collectively referred to as the Cities. WHEREAS, Grapevine currently owns an approximately 50 acre undeveloped tract of land located adjacent to the west side of Lakeside Parkway and north of Denton Creek (the "Grapevine Property"); and WHEREAS, approximately 10 acres of the Grapevine Property lies within the City Limits of Flower Mound (the "Grapevine Site"); and WHEREAS, the properties surrounding the Grapevine Site are currently developed as Light Industrial or Multifamily complexes; and WHEREAS, the size and configuration of the Grapevine Site lends itself to large scale developments and potential developments will likely span the common City Limit line between Grapevine and Flower Mound; and WHEREAS, in an effort to streamline the development process for the Grapevine Site to avoid conflicting requirements the Cities agree that the Grapevine Site should be developed under one City's regulations; and WHEREAS, Chapter 791 of the Texas Government Code (the "Interlocal Cooperation Act") authorizes municipalities to enter into interlocal agreements for the providing of governmental functions and services, including but not limited to the following: police and fire protection, public health and welfare, waste disposal, planning, administrative functions, utility services, and any other governmental functions in which the Cities are mutually interested; and WHEREAS, the Cities deem it to be to their mutual benefit and to the benefit of the health, safety and welfare of their respective citizens to enter into this Agreement to facilitate the development of Grapevine Site under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, Grapevine and Flower Mound, for good and valuable consideration, specifically, the mutual promises and agreements contained herein, do hereby contract, covenant and agree as follows: A. TERM OF AGREEMENT AND CONDITIONS PRECEDENT Purpose. The purpose of this Agreement is to provide a single point of contact relative to the development of Grapevine Site and the municipal regulations under which the Grapevine Site shall be developed. Development Process. The Cities agree that Grapevine's Development Regulations and Procedures shall govern the Grapevine Site. These Regulations and Procedures include: • Concept Plans, Site Plans, Signage, • Building Codes & Building Inspections, including associated construction standards • Code Enforcement • Platting • Driveway Permitting • Floodway, floodplain, tree removal, and fill activity CLOMR/LOMR. Flower Mound agrees and consents to the proposed fill of certain areas of the Subject Property within Flower Mound, consistent with the preliminary grading plan as shown on the attached Exhibit "A". Grapevine assumes sole responsibility for obtaining any other necessary governmental approvals including any requirements by the Federal Emergency Management Agency (FEMA). Zoning. Grapevine and Flower Mound recognize that the Grapevine Site will be governed by the applicable Flower Mound zoning regulations. Flower Mound hereby affirms that the Grapevine Site is currently zoned , and that under such zoning the proposed warehouse and distribution center and the learning and performance center are permitted uses. Platting Process. Grapevine and Flower Mound agree that platting of Grapevine Site will be processed by Grapevine with final documents recorded with Dallas County and Tarrant County. Flower Mound agrees to abandon existing water, sewer, utility, slope, and drainage easements, and an accompanying agreement Recorded in Volume 4614, Pages1293, 1350, 1360 and 1365. Interlocal Agreement Page 2 Water and Wastewater Service; EPA & TCEQ Wastewater Pretreatment Requirements. The Cities agree that Grapevine shall provide water and wastewater service to the Grapevine Site. Grapevine currently has water and wastewater lines on the Grapevine Site of sufficient size to serve the Grapevine Site and shall provide all plan review and construction inspection of water and wastewater lines placed with development of Grapevine Site. Furthermore, Grapevine shall be responsible for all EPA and TCEQ Permitting including Wastewater Pretreatment. Water Conservation and Drought Contingency. Water Conservation and Drought Contingency Measures imposed by Grapevine upon its customers shall apply to Grapevine Site. As a condition of TRA providing water service to Grapevine, Grapevine imposes Water Conservation and Drought Contingency Measures when requested by TRA and its raw water supplier, TRWD. Water & Wastewater Impact Fees Grapevine Water and Wastewater Impact Fees shall be applied to the Grapevine Site. Water and Wastewater Repair and Monitoring Responsibilities. Grapevine shall be responsible for maintenance of the water lines and appurtenances up to and including water meter service to proposed buildings. Grapevine shall be responsible for maintenance of its wastewater system serving the Grapevine Site. Water and Wastewater Regulatory Control. It is understood and agreed by the parties hereto that the water lines and appurtenances up to and including the water meter and detector check assembly ("water facilities") shall be designed and constructed in accordance with Grapevine's standards. Construction inspection for said water facilities shall be inspected by Grapevine and all inspection fees for said water facilities shall be paid to the City of Grapevine. Furthermore, Grapevine shall be responsible for Cross Connection Control. Environmental Control. Environmental and Industrial Waste Permitting and Enforcement shall be provided by Grapevine through its contracted services provider. EPA & TCEQ Storm -water Permitting. Grapevine shall be responsible for Construction Permitting on the Grapevine Site and shall incorporate the Grapevine Site into its MS -4 Permitting and Industrial Storm -water Permitting as necessary. Floodplain Procedures. Grapevine shall apply its Floodplain Requirements addressing Floodplain Reclamation, design and construction standards including FEMA requirements. Grapevine agrees that the minimum standards for acquiring a variance from Flower Mound for cut and fill activity shall be met as a prerequisite to Grapevine issuing a permit for such activity. Flower Mound agrees to cooperate with Grapevine as necessary for the FEMA process. Interlocal Agreement Page 3 On Site Civil Plan Review & Inspection. Grapevine shall review and approve the construction plans for civil site work in accordance with Grapevine's design and construction standards and will provide all construction inspection of the civil site work improvements. Fire Department Services. All firefighting and emergency services for the Grapevine Site, including all fire suppression activities, EMS responses, rescues, pre -incident planning, and other first responder fire department activities shall be provided by Grapevine. All Fire Prevention services, including fire inspections, investigations, public education, emergency management, and fire code enforcement shall be provided by Grapevine. Police Department Services. All police response for emergency services for the Grapevine Site and follow-up investigative services shall be provided by Grapevine. 911 and Alarm Responses. All 911 calls and alarms from Grapevine Site for both Police and Fire Services shall be routed to Grapevine for first response. Solid Waste. Grapevine shall provide solid waste services to the Grapevine Site through its contracted solid waste provider. Flower Mound Street Impact Fee and Landscaping. Grapevine and Flower Mound agree to apply Flower Mound's Street Impact Fee for Enterprise Drive to the portion of Grapevine Site lying within Flower Mound and that the sidewalk and landscaping requirements for Enterprise Drive imposed by Grapevine shall match Flower Mound's requirements which have been constructed elsewhere along Enterprise Drive. No joint enterprise. No provision of this Agreement shall be construed to create any type of joint ownership of any property, nor shall same be deemed to create a partnership, joint venture or other agreement which would be construed as granting partial control, ownership of or equity in the facilities described herein. It is understood and agreed that the facilities operated by Flower Mound shall be owned and controlled by Flower Mound, and that the facilities operated by Grapevine shall be owned and controlled by Grapevine. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat superior shall not apply between the cities. Notice. Any notice, communication or request provided or permitted to be given by either party to the other party must be in writing and addressed as follows: If to Flower Mound: Town of Flower Mound Attention: Town Manager Interlocal Agreement Page 4 Flower Mound, Texas If to Grapevine: City of Grapevine Attention: City Manager P.O. Box 95104 Grapevine, Texas 76099 With a copy to: Matthew C.G. Boyle Boyle & Lowry, LLP 4201 Wingren, Suite 108 Irving, Texas 75062 mboyle@boyle-lowry.com or to such other addresses as may be provided for in writing from time to time. No waiver of immunity or defenses. 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 Flower Mound and Grapevine, and the cities do hereby invoke said governmental immunity to the extent possible under the law. No third party beneficiaries. 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. Entire Agreement. This Agreement, including any exhibits attached and made a part hereof, is the entire Agreement between the parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, respecting the subject matter herein. Venue. This Agreement shall be construed under the substantive laws of the State of Texas, without reference to its choice of law provisions, and venue for any action arising under state law under this Agreement shall be the District Courts of Tarrant County, Texas. If any action relating to this Agreement is not properly brought in state court, venue shall be the United States District Court for the Northern District of Texas. Interlocal Agreement Page 5 Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. Authority. This Agreement was authorized by the Flower Mound Town Council at its regular meeting on the day of , 20, authorizing the Flower Mound City Manager to execute this Agreement on behalf of the Town of Flower Mound, 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. Section or Other Headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. Interpretation. 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. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. Force Majeure. "Force majeure" is an act of God or a public enemy, war, riot, civil commotion, insurrection, terrorism, strike (unless caused by acts or omissions of the party asserting same), governmental or de facto governmental regulatory or eminent domain action (unless caused by acts or omissions of the party asserting same), fire, drought, explosion, flood, or other natural catastrophe. 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. Interlocal Agreement Page 6 Mutual Assistance. 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. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid in the interpretation of this Agreement. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Interlocal Agreement Page 7 EXECUTED this day of , 20 CITY OF GRAPEVINE Bruno Rumbelow, Grapevine City Manager ATTEST: Tara Brooks, Grapevine City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Interlocal Agreement Page 8 EXECUTED this day of , 20 TOWN OF FLOWER MOUND Lm Town Manager ATTEST: Town Secretary APPROVED AS TO FORM AND LEGALITY: Town Attorney Interlocal Agreement Page 9 OOT T SGLEI KMA vn osaui c`i r I I � �I I� � Ia PRBPA BY: I. 8 GOODVENI }VRA SHAL1L 9 avti ENOME018 - PLANNERS - BURVEYORB rr v°iA`ms+ evtaAu�B �f�1Ti'I GRADING SUMMARY 100 -YR Floodplain Elevation = 471.97 LPC Floor Elevation: 478.00 LPC/PDC Auto Parking Elevation: 476.00 to 477.00 PDC Floor Elevation: 478.00 PDC Truck Court Elevation: 474.00 W C\\ zm �\ GRAPHIC SCALE I -100' \\ V 0 100 200 300 w �\p, FJ� ION ON CE 230, ySY 10C IFF =4/tl,Ul f 47800 I I I� lY p s .� t I�I � g + PRELMNARY GRADING PLAN GRAPEVINE 50 ACRES 50.579 ACRES GRAPEVINE, TEXAS MAY, 2015