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HomeMy WebLinkAboutItem 16 - Grapevine / Flower Mound Interlocal AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER *f MEETING DATE: MARCH 20, 2001 SUBJECT: GRAPEVINE / FLOWER MOUND INTERLOCAL AGREEMENT RECOMMENDATION: City Council consider approval of an interlocal agreement with the Town of Flower Mound to provide police, fire and emergency medical services at Rockledge Park. FUNDING SOURCE: No funds required. BACKGROUND: On December 18, 2000, City Council approved an Interlocal and Boundary Adjustment agreement with the Town of Flower Mound. One provision of that agreement requests the Town of Flower Mound to provide public safety service to Rockledge Park. However, the original agreement did not give the Town of Flower Mound explicit authority to enforce and prosecute Grapevine Ordinances. This addendum gives Flower Mound that authority. The Flower Mound officers will enforce Grapevine's Ordinances and issue citations when necessary. If incarceration is necessary, it will be done at Flower Mound's detention facility and prosecuted in Grapevine's Municipal Court. The City Attorney and Municipal Court Judge have reviewed this agreement. Staff recommends approval. JCH March 15, 2001 (7:50AM) INTERLOCAL AGREEMENT WHEREAS, the City of Grapevine, Texas, hereinafter called "City", and the Town of Flower Mound, Texas, hereinafter called "Town", desire to enter into an agreement for the providing of police, fire and emergency medical services to Rockledge Park located within the corporate city limits of the City in connection with an Interlocal and Boundary Adjustment Agreement ("Agreement") entered into between the City and Town on or about December 18, 2000; and WHEREAS, the Agreement, as partial consideration therefor, provides in pertinent part that the Town agrees that it shall provide police, fire and emergency medical services (other than a dive team) to Rockledge Part in the City and the Town further agrees that upon completion of construction of Lakeside Parkway, it shall provide access to the City's park and trail system from said Lakeside Parkway; and WHEREAS, the Interlocal Cooperation Act, found in Chapter 791 of the Texas Government Code, provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, police and fire protection services are governmental functions and services within the meaning of the Act. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the City and Town upon and for the mutual consideration stated herein. Town hereby agrees to assume all responsibilities for providing police, fire and emergency medical services in and for Rockledge Park, including but not limited to police patrol, enforcement of City municipal codes and ordinances, issuance of citations, and assistance with prosecution. Specifically, Town and City agree that Flower Mound peace officers may enforce all state laws and Grapevine city ordinances in Rockledge Park and shall have the same enforcement powers as Grapevine peace officers. Flower Mound police officers also may issue citations, make arrests and incarcerate in the Flower Mound Detention Facility, where appropriate, for Class C misdemeanor offenses and Grapevine city ordinance violations; however, such violations shall be prosecuted in Grapevine Municipal Court and all proceeds form such citations, if any, shall belong to Grapevine. Grapevine agrees to fully cooperate with Flower Mound relative to the enforcement of such laws and shall duly inform Flower Mound when any applicable ordinances are amended, repealed or otherwise modified. The consideration outlined in the Agreement shall constitute the consideration for the provision of police, fire and medical services, as stated herein. It is agreed by Town and City that no enforcement will commence hereunder until this Interlocal Agreement has been fully executed by the parties hereto. IV. This Interlocal Agreement may not be assigned, embodies the entire agreement between the parties, and may not be amended except in writing. V. 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. VI. This Agreement shall be governed b and construed in accordance with the laws of the State of Texas. Venue for any action arising under this Agreement shall lie in either Denton County, Texas or Tarrant County, Texas. VII. 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. 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. IX. The Term of this Agreement shall be for an initial period running from the day of , 2001, to September 30, 2001, and shall thereafter be extended automatically ipso facto for additional periods of one year, commencing October 1, 2001, through September 30, 2002, and for each one year Penod thereafter unless both parties, sixty (60) days prior to any October 1s , agree in writing that the Agreement shall be terminated. EXECUTED this day of , 2001 by the Town of Flower Mound, Texas, pursuant to Town Council action dated the day of , 2001, and by the City of Grapevine, Texas, pursuant to City Council actiondatedthe day of 2001. M ITOWN019M Lori L. DeLuca, Mayor ATTEST: Paula Lawrence Town Secretary M.M-911 Terrence S. Welch Town Attorney Town of Flower Mound, CITY OF GRAPEVINE, TEXAS M William D. Tate, Mayor ATTEST: Linda Huff City Secretary John F. Boyle, Jr. City Attorney Texas City of Grapevine, Texas INTERLOCAL AND BOUNDARY ADJUSTMENT AGREEMENT 02121/01 2521638 $23.00 Deed 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 and Boundary Adjustment Agreement, hereinafter referred to as "the Agreement," relative to (1) the adjustment of boundaries between the City and the Town; (2) Lakeside Parkway and the Lakeside Business District in the Town; and (3) other related agreements relative to the sale of treated water and wastewater, the Grapevine Municipal Golf Course, 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, pursuant to Section 43.031 ofthe Texas Local Government Code, the City and the Town are authorized and empowered to fix their boundaries and exchange areas with other municipalities, and further, pursuant to said Section, the City and the Town may make mutually agreeable changes in their boundaries that are less than one thousand feet (1,000') in width; and WHEREAS, the City and the Town acknowledge that uncertainty has existed relative to the location of their respective corporate boundaries on the tract that is the subject of this Agreement; 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, and the City and the Town do hereby contract, covenant and agree, subject the following terms and conditions, as follows: 11 All Of "-hove 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. The Town hereby releases, relinquishes, discontinues and disannexes all municipal rights in favor of the City relative to the tract of land, hereinafter referred to as "the Property," described and depicted in Exhibit 1, attached hereto. By executing this Agreement, both the City and the Town acknowledge that the Town's corporate limits do not extend into Dallas County, Texas, and that no Town territory so extends into Dallas County, Texas. Further, it is the intent of the City and the Town in this Agreement and the City and the Town so acknowledge that no portion, parcel or territory of the Town lies in Dallas County, Texas. 2001036 035 14 sREEMENT—Page 1 AFTER FILING, RETURN TO: LINDA HUFF, CITY SECRETARY CITY OF GRAPEVINE P 0 BOX 95104 GRAPEVINE TX 76099-9704 III. The City hereby assumes control of the Property so that the Property, upon execution of this Agreement, will be solely within the corporate boundaries of the City and the City may exercise all powers, rights and privileges that it exercises within its corporate boundaries. - IV. The City and the Town acknowledge that the Town is constructing Lakeside Parkway, which 1� includes roadway and utilities construction and is hereinafter referred to as "the Lakeside Parkway z_ Project," as depicted, in part, on Exhibit 1. The Town shall construct all roadway and utility ide Parkway Project, including those portions of Lakeside improvements associated with the Lakes Parkway located in the City as a consequence of the execution of this Agreement, and the Town shall maintain same at all times hereafter. V. The City consents to the Town's construction of the Lakeside Parkway Project in the City's corporate limits and 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 Project. Further, the City consents and agrees that it will provide to the Town any necessary right-of-way through City park land needed or necessary for the construction of the Lakeside Parkway Project. VI. The City consents to the Town's construction of the Lakeside Parkway Project on any property the City leases from the United States Army Corps of Engineers, hereinafter referred to as "the Corps,"in whatever form of consent the Corps may require. VII. The Town agrees that it shall provide police, fire and emergency medical services (other than a dive team) to Rockledge Park in the City and the Town further agrees that, upon completion of rust ct;^ " hail 'access to P City's c,,,.,�ru., r., :t s._:.�. provide �........� -� th.: C�_} park and trail system from Lakeside Parkway. VIII. The Town agrees Lo sell to the City treated wastewater effluent for the irrigation of the City's golf courses subject to such wastewater effluent being provided to the City by the Town at a cost per one thousand (1,000) gallons that is mutually agreeable. IX. The Town agrees to provide water and wastewater services to the on -course restroom facilities located at the Grapevine Municipal Golf Course. Nater and wastewater services shall be INTERLOCAL AND BOUNDARY ADJUSTMENT AGREEMENT—Page 2 2o010 3 6 0 3 5! 5 so provided by the Town to the City in the same manner they are extended to customers within the _ Town's corporate limits and shall be subject to the Town's normal and customary rate and fee schedules. X. This Agreement may not be assigned. It embodies the entire agreement between the parties and may not be amended except in writing. >: = XI. =M 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. XII. 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. XIII. 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 either Denton County, Texas, or Tarrant County, Texas. XIV. 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. 1� This Agreement shall be filed in the deed records of Denton County, Texas, Dallas County, Texas and Tarrant County, Texas. "I 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. INTERLOCAL AND BOUNDARY ADJUSTMENT AGREEMENT—Page 3 2oo1036 03516 EXECUTED thisI r day of 0 4 �� , 2000, by the Town of Flower Mound, Texas, pursuant to Town Council action taken on the day of 2000, and bthe City of Grapevine, Texas, pursuant to City Council action taken on the t day of , 2000. TOWN OF FLOWER MOUND, TEXAS By: I/ L'162'e�_ y X., Z&61'11 Lori L. DeLuca Mayor ATTEST: o l Pauli, Lawrence "Fo)&m Secretary Terrence S. Welch Town Attorney Tov� n of Flowr Mound, Texas CITY OF GRAPEVINE, TEXAS William D. Tate Mayor APPROVED BY COUNCIL. ATTEST: Linda u �ff City Secretary ,••� 13m John F. Boyle, Jr. City Attorney City of Grapevine, Texas INTERLOCAL AND BOUNDARY ADJUSTMENT AGREEMENT—Page 4 m1036 03517 Gerauit Li Z% Z n 0 z ; 500 250 0 500 1000 7 FLOWER MOUND SCALE FEET TACRAN r COUNTN' DENTON COUNTY CITY U#. T5 DALLAS CCUtM Subject Property , oU)tOn FLOWER MOUND CITY LIMITS OFF A LEWISVALE CITY LIMITS EXHIBIT TO Page • 200036 035 ! 8 EXHIBIT 1