Loading...
HomeMy WebLinkAboutItem 05 - Interlocal Agreement with Town of Flower MoundMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER t MEETING DATE: DECEMBER 15, 2015 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: A 50 acre portion of the City's 185 acre tract that is under contract to Seefried lies in both the City of Grapevine and the Town of Flower Mound. Approximately 80% is in Grapevine and 20% is in Flower Mound. On October 20, 2015 City Council approved an interlocal agreement (ILA) with the Town of Flower Mound to streamline the development process for the project and facilitate public services on the site. That agreement was not executed because Flower Mound approved a version that had modifications that did not conform to the original approval by Grapevine. The attached ILA is the result of negotiations between Flower Mound and Grapevine and are acceptable to staff. The changes to the ILA that was approved by Grapevine on October 20 are primarily associated with floodplain management on the acreage in Flower Mound. 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. • 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 this version of the interlocal agreement on December 21, 2015. Staff recommends approval. INTERLOCAL AGREEMENT FOR THE DEVELOPMENT OF A 50 ACRE TRACT WITHIN THE TOWN OF FLOWER MOUND AND 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") acting 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 and Tarrant Counties, Texas, ("Flower Mound") acting herein by and through its duly authorized Mayor, Thomas E. Hayden. Flower Mound and Grapevine may sometimes hereafter be referred to collectively as the "parties" or individually as a "party." 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 municipal boundaries of Flower Mound (the "Grapevine Site," as more particularly described on the attached Exhibit "A" and depicted on the attached Exhibit "B"); 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 municipal boundary line between Grapevine and Flower Mound; and WHEREAS, in an effort to streamline the development process and to avoid conflicting requirements for the development of the Grapevine Site, the parties agree that the Grapevine Site should be developed under one party's regulations; and WHEREAS, Chapter 791 of the Texas Government Code 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 contracting parties are mutually interested; and D:\Users\brumbelow\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\N99YSFN0\GV ILA - FM DEVELOPMENT OF 50 ACRE TRACT 12 11 15 GV (002).docx WHEREAS, the parties 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 the 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: TERMS OF AGREEMENT 1. Purpose. The purpose of this Agreement is to provide a single point of contact relative to the development of the Grapevine Site and the municipal regulations under which the Grapevine Site shall be developed, and to provide the terms of law enforcement and fire protection services for the Grapevine Site. 2. Development Process. Unless otherwise noted in this Agreement, the parties agree that Grapevine's Development Regulations and Procedures shall govern the Grapevine Site. These Regulations and Procedures include: (a) signage; (b) development plans, concept plans, and site plans; (c) building codes and building inspections, including associated construction standards; (d) code enforcement of building codes, including fire codes; (e) platting and subdivision regulations; (f) driveway permitting; and (g) floodway, floodplain, tree removal, and fill activity. 3. Zoning. Grapevine and Flower Mound recognize and agree that the Grapevine Site will be governed by the zoning regulations in Chapter 98 of Flower Mound's Code of Ordinances, as amended. Flower Mound hereby affirms that the Grapevine Site is currently zoned Campus Industrial (CI), and that under such zoning classification, the following proposed uses are permitted on the Grapevine Site: (1) a warehouse and distribution center, which will serve as a regional parts distribution center for an international automobile manufacturer, including the storage and shipment of auto parts along with a limited amount of support office space; and (2) a learning and performance center, with classroom space and garage training, to serve as a regional training facility for the automobile manufacturer's technicians. 4. Platting Process. Grapevine and Flower Mound agree that platting of the Grapevine Site will be processed by Grapevine with final documents recorded with Dallas County and Tarrant County. 5. Easement Abandonment. Flower Mound agrees to abandon existing water, sewer, utility, slope, and drainage easements, and an accompanying agreement, recorded in Volume 4614, Pages 1293, 1350, 1360 and 1365. 6. Water and Wastewater Service; EPA and TCEQ Wastewater Pretreatment Requirements. The parties 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 Interlocal Agreement Page 2 sufficient size to serve the Grapevine Site and shall provide all plan review and construction inspection of water and wastewater lines in connection with development of Grapevine Site. Furthermore, Grapevine shall be responsible for all EPA and TCEQ permitting including wastewater pretreatment. 7. Water Conservation and Drought Contingency. Water conservation and drought contingency measures imposed by Grapevine upon its customers shall apply to the Grapevine Site. As a condition of Trinity River Authority ("TRA") providing water service to Grapevine, Grapevine imposes water conservation and drought contingency measures when requested by TRA and its raw water supplier, the Tarrant Regional Water District. 8. Water & Wastewater Impact Fees. Grapevine water and wastewater impact fees shall be applied to the Grapevine Site. 9. 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 buildings on the Grapevine Site. Grapevine shall be responsible for maintenance of its wastewater system serving the Grapevine Site. 10. Water and Wastewater Regulatory Control. It is understood and agreed by the parties 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 Grapevine. Furthermore, Grapevine shall be responsible for cross connection control. 11. Environmental Control. Environmental and industrial waste permitting and enforcement shall be provided by Grapevine through its contracted services provider. 12. EPA and 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. 13. Floodplain Procedures. Grapevine shall apply its floodplain requirements addressing floodplain reclamation, design and construction standards including FEMA requirements; provided, however, Grapevine agrees that the minimum standards for acquiring an exception from Flower Mound's drainage regulations must be met for the Grapevine Site. In accordance with Section 90-404 of Flower Mound's Code of Ordinances, there shall be zero increase in the one percent chance water surface elevation and zero increase in the water velocity on any property that is upstream, downstream, or on the opposite bank and/or lot from the proposed construction or construction -related activity on the Grapevine Site (the "Exception Criteria"). A hydraulic study for the Grapevine Site must be provided by a licensed professional engineer to Flower Mound for review and approval to verify conformance with the Exception Criteria. Flower Mound agrees to promptly process its review and approval of the study and Flower Interlocal Agreement Page 3 Mound's approval shall not be unreasonably withheld. Grapevine must submit a conditional letter of map revision (CLOMR) as to the Grapevine Site to FEMA for FEMA's review and approval. Upon completion of the reclamation activity an as -built survey and a revised hydraulic model are to be prepared in conformance with the Exception Criteria. Upon verification of compliance, a letter of map amendment (LOMR) application is to be submitted, by Grapevine, to FEMA for its review and approval. The parties agree to cooperate with each other as necessary to accomplish the foregoing processes, and Grapevine agrees to provide Flower Mound with all documentation related to the hydraulic study, the CLOMR, and the LOMR for the Grapevine Site. 14. On Site Civil Plan Review and 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. 15. Fire Department Services. a. 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. b. Grapevine's Fire Department will have primary jurisdiction to the full extent allowed by law for all fire protection and prevention that is required within the Grapevine Site. C. Any class C misdemeanor offenses related to Grapevine's fire codes occurring on the Grapevine Site will be processed in Flower Mound's municipal court. The process by which Grapevine will file class C misdemeanors in Flower Mound's municipal court will be set forth in policies established by the court and the applicable Grapevine code enforcement officers separate from this Agreement. d. Grapevine code enforcement officers shall attend court proceedings and testify as necessary in prosecution of citations that are issued in accordance with this Agreement. 16. Police Department Services. a. All police response for emergency services for the Grapevine Site and follow-up investigative services shall be provided by Grapevine. b. The Grapevine Police Department will have primary jurisdiction to the full extent allowed by law for all offenses that occur within the Grapevine Site. Notwithstanding the above, nothing in this Agreement shall abrogate Flower Mound's jurisdiction and authority to enforce regulations within the Grapevine Site. Interlocal Agreement Page 4 C. Any class C misdemeanor offenses occurring on the Grapevine Site will be processed in Flower Mound's municipal court. The process by which the Grapevine Police Department will file class C misdemeanors in Flower Mound's municipal court will be set forth in policies established by the court and the Grapevine Police Department separate from this Agreement. d. Grapevine officers shall attend court proceedings and testify as necessary in prosecution of citations that are issued in accordance with this Agreement. 17. 911 and Alarm Responses. All 911 calls and alarms from the Grapevine Site for both police and fire services shall be routed to Grapevine for first response. 18. Solid Waste. Grapevine shall provide solid waste services to the Grapevine Site through its contracted solid waste provider. 19. Flower Mound Road Impact Fee and Landscaping. Flower Mound shall charge and collect applicable Flower Mound road impact fees the Grapevine Site. Grapevine shall impose sidewalk and landscaping requirements for Enterprise Drive that match Flower Mound's requirements which have been constructed elsewhere along Enterprise Drive. 20. 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 or joint venture. It is understood and agreed that any equipment operated by Flower Mound in performance of this Agreement shall be owned and controlled by Flower Mound, and that any equipment operated by Grapevine in performance of this Agreement 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 parties. 21. 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 2121 Cross Timbers Rd Flower Mound, TX 75028 With a copy to: Interlocal Agreement Page 5 Bryn D. Meredith Taylor, Olson, Adkins, Sralla & Elam, LLP 600 Western Place, Suite 200 Fort Worth, Texas 76107 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. 22. 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 party 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 town/city councils of Flower Mound and Grapevine, and the parties do hereby invoke said governmental immunity to the extent possible under the law. As between the parties to this Agreement, each party agrees to accept liability for any act, error or omission of its own officers, agents, servants, volunteers, and employees of whatever kind and nature and from whatever cause arising out of or connected with the performance of this Agreement. Each party hereby waives all claims against the other party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. This section is agreed by the parties as authorized by Section 791.006(a-1) of the Texas Government Code, and is intended to assign liability in a different manner than would otherwise occur under Texas Government Code Section 791.006(a). 23. No third party beneficiaries. It is understood by the parties that this Agreement is entered into for the mutual convenience and purposes of the parties which are parties hereto, and it is the parties' intent that no other parties shall be construed as beneficiaries of this Agreement. Interlocal Agreement Page 6 24. 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. 25. Venue. This Agreement shall be construed under the substantive laws of the State of Texas, without reference to its choice of law provisions, and exclusive 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. 26. 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. 27. 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. 28. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. 29. 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. 30. 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. 31. 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 7 32. 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. 33. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid in the interpretation of this Agreement. 34. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 35. Sovereign Authority. The parties agree that nothing in this Agreement may limit either party's sovereign authority or ability to amend or adopt ordinances which are to the benefit of the health, safety and welfare of their respective citizens. 36. Effective Date. This Agreement is effective upon: (a) both parties approving and executing this Agreement; and (b) Flower Mound adopting an ordinance amending the development regulations for the Grapevine Site (the "Effective Date"). 37. Term. The term of this Agreement shall be for one year beginning upon the Effective Date and shall automatically renew for additional one-year terms. Either party may terminate this Agreement, with or without cause, upon providing the other party with sixty (60) days advance written notice. Interlocal Agreement Page 8 EXECUTED this day of , 20 CITY OF GRAPEVINE William D. Tate, Mayor ATTEST. Tara Brooks, Grapevine City Secretary APPROVED AS TO FORM: City Attorney Interlocal Agreement Page 9 EXECUTED this day of , 20 TOWN OF FLOWER MOUND Thomas E. Hayden, Mayor ATTEST: Theresa Scott, Town Secretary Bryn D. Meredith, Town Attorney Interlocal Agreement Page 10