Loading...
HomeMy WebLinkAboutItem 03 - Volumetric Survey iTEK44 3 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JANUARY 17, 2012 SUBJECT: INTERLOCAL AGREEMENT— COMPREHENSIVE VOLUMETRIC SURVEY GRAPEVINE LAKE RECOMMENDATION: City Council consider approving an Interlocal Agreement with the Dallas County Park Cities Municipal Utility District (DCPCMUD) and the City of Dallas for the joint participation in a Volumetric Survey of Lake Grapevine conducted by the Texas Water Development Board (TWDB) in an amount of $4,523.83, authorize the execution of said agreement and take any necessary action. FUNDING SOURCE: Funds are programmed for this expense in the WTP Professional Services, Acct # 200- 44540-530-2. BACKGROUND: The DCPCMUD has recently been contacted by the TWDB advising them of the availability of funds for this type of survey on a cost sharing basis with the local entities. This survey will be performed by the TWDB under a contract with the Dallas County Park Cities Municipal Utility District with a maximum cost to the local entities of $13,571.50. Each of the three water rights holders on the lake will share the cost equally. The survey will provide an updated assessment of the storage volume available in the lake. Staff recommends approval. January 12,2012(10:47AM) INTERLOCAL AGREEMENT FOR THE SHARING OF CONTRACTUAL COSTS STATE OF TEXAS § COUNTIES OF TARRANT AND DALLAS § This Agreement is made and entered into by the City of Grapevine, Texas, a home rule municipal corporation located in Tarrant County, Texas, hereinafter referred to as "GRAPEVINE", the City of Dallas, Texas, a home rule municipal corporation located in Dallas, Denton, Collin, Rockwall and Kaufrnan Counties, Texas, hereinafter referred to as "DALLAS" and the Dallas County Park Cities Municipal Utility District, a general law municipal utility district located in Dallas County, Texas, hereinafter referred to as "DISTRICT", each acting by and through its dully appointed representative: WITNESETH: WHEREAS, the DISTRICT has entered into TWDB Contract No. 1148011343 with the Texas Water Development Board dated September 22, 2011 (the "Survey Agreement"), under the terms of which the Texas Water Development Board ("TWDB") shall conduct a comprehensive volumetric survey of Grapevine Lake, Texas; and WHEREAS, each of the parties hereto own varying water rights in Grapevine Lake, Texas and use the waters from Grapevine Lake, Texas as a water supply for their respective constituents; and WHEREAS, each of the parties to this Agreement will receive valuable information from the results of the volumetric survey of Grapevine Lake performed by TWDB under the terms of the Survey Agreement; and WHEREAS, each of GRAPEVINE, DALLAS, and the DISTRICT desire to agree hereunder for the sharing of the costs of the Survey Agreement and the information forthcoming from the volumetric survey thereunder; NOW, THEREFORE, based on these premises, and mutual promises and considerations provided for herein,the parties hereby agree as follows: 1. Sharing of Information. Upon receipt of the information relating to the comprehensive volumetric survey of Grapevine Lake, Texas from TWDB under the terms of the Survey Agreement, the DISTRICT shall promptly share and provide such information to GRAPEVINE and DALLAS. 2. Sharing of Costs. GRAPEVINE, DALLAS and DISTRICT agree that they will share the costs of consideration to TWDB under the Survey Agreement on an equal basis. Under the terms of the Survey Agreement, the DISTRICT is obligated to pay as consideration to TWDB maximum amount of$13,571.50. When such amount becomes due and payable under the terms of the Survey Agreement, DALLAS and GRAPEVINE shall each pay one-third of the total contract price (not to exceed $4,523.83) to the DISTRICT. The DISTRICT's shall INTERLOCAL AGREEMENT FOR THE SHARING OF CONTRACTUAL COSTS-Page 1 1666586v1 00458-001 promptly remit payment to the TWDB upon receipt of DALLAS' and GRAPEVINE's share of the contract price. A copy of the Survey Agreement is attached hereto as Exhibit"A". 3. Compliance. This Agreement has been approved by the respective governing bodies of each of the parties. This Agreement is subject to the laws of the state of Texas and complies with such laws, specifically including Chapter 791 of the Texas Government Code, more commonly known as the"Interlocal Corporation Act." 4. Notices. All written notices shall be sent to the following parties by certified mail, return receipt requested: DALLAS: Director of Water Utilities City of Dallas 1500 Marilla, Room 4AN Dallas, Texas 75201 GRAPEVINE: Director of Public Works City of Grapevine P. O. Box 95104 Grapevine, Texas 76099 DISTRICT: Dallas County Park Cities Municipal Utility District Larry McDaniel General Manager 1811 Regal Row Dallas, Texas 75235 5. Venue. Venue for any dispute arising pursuant to this Agreement shall lie in Dallas or Tarrant County, Texas. 6. Modification. This Agreement may only be modified, changed or altered at any time upon the mutual agreement of the parties, provided that such modification change and/or alteration be reduced to writing, and approved by the governing bodies of the parties. * * *SIGNATORIES ON FOLLOWING PAGE. INTERLOCAL AGREEMENT FOR THE SHARING OF CONTRACTUAL COSTS-Page 2 1666586vl 00458-001 IN WITNESS WHEREOF, this Agreement is executed this day of 2011, in triplicate originals. CITY OF GRAPEVINE, TEXAS CITY OF DALLAS, TEXAS By: By: City Manager City Manager ATTEST: By: City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By- .....................___________ """".. By: City Attorney City Attorney DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT By: Larry McDaniel General Manager ATTEST: By: APPROVED AS TO FORM: By: General Counsel INTERLOCAL AGREEMENT FOR THE SHARING OF CONTRACTUAL COSTS-Page 3 1666586v1 00458-001