NW Dallas-AG080122GENDA REQUES FORM T H E • C I T Y • O F
CO PPELL
DEPT: Engineering
DATE: January 22, 2008
ITEM #: 9/C
E] WORK SESSION El CONSENT 1:1 REGULAR
ITEM TYPE: CONWCT /BID or PROPQSAL
ITEM CAPTION:
Consider approval of an Int rlocal Agreement
satisfy the requirements of T EQ Phase II Storm
GOAL(S):
EXECUTIVE SUMMARI
The Interlocal Agreement p
tonight's agenda. Approvc
plan that encompasses she
FINANCIAL CO
en the City and Northwest Dallas County Flood Control District to
discharge compliance; and authorizing the Mayor to sign.
-oposed in this item is alcompanion request to the Storm Water Management Plan also on
I will allow the City andlthe Northwest Dallas County Flood Control District to produce one
red goals and control rheasures, resulting in a savings of time and effort for both entities.
S:
RECOMMENDED ACTION:
Staff recommends approval of the Interlocal Agreement.
ACTION TAKEN BY COUNCIL:
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Tunnell
S - Peters
= Libby Ball
2008.01.23
11:08:37
- 06'00'
#ILA for NW Dallas Co FCD
STATE OF TEXAS
AGREEMENT
COUNTY OF DALLAS
This Interlocal A eement ( "AGREEM]
Management Plan to satisfy the requiren
Commission on Environmental Quality I
storm water discharges to waters of the I
made and entered into by and between tl
corporation located in Dallas County, T(
County Flood Control District as createc
Legislature, Regular Session, 1985) (her
AGREEMENT
Management Ply
402(p) of the Ch
"ACT "), pr
functions in
i, the CITY and the
partner with each o
to the TCEQ for cor
i Water Act; and
Chapter 791, T
authorization for
both entities are i
WHEREAS, by definition in Ch
and the DISTRICT are both defined as
0
§ INTERLOCAL
0
;NT ") for the joint submission of a Storm Water
ents of the permit application to the Texas
FCEQ) for compliance with Phase II municipal
.S. (hereafter referred to as the "PLAN ") is
City of Coppell, Texas, a municipal
gas ( "CITY "), and the Northwest Dallas
by the Texas Legislature (H. B. 2390, Act 69`n
:after referred to as the "DISTRICT ").
ISTRICT mutually desire to enter into an
-r in the joint submission of a Storm Water
Hance with Phase II requirements of Section
GOVERNMENT CODE, as amended (the
Governments to contract with each other for
ly interested; and
791, Texas Government Code, the CITY
l Governments; and
Whereas it has been determined at approval of this AGREEMENT will be
mutually advantageous to the CITY and the DISTRICT; and
NOW, THEREFORE, for and in onsideration of the mutual covenants, terms and
conditions set fort herein, and the mutual benefits to each party, the receipt and
sufficiency of which are hereby acknowledged, the CITY and the DISTRICT hereby
contract, covenan , warrant and agree as follows:
I
ADOPTION OF
All of the
correct and are he
set forth in their e
II
OBLIGATIONS
2.01 The
for Engineering Se
The CITY and the
Management Plan i
above.
2.02 The
inspection and mai
boundaries will cor
2.03
the required portions
control measures:
1. 1
2. 1
3. Il
4. C
5. P
LE
atters stated in the preamble of this AGREEMENT are true and
by incorporated into tie body of the AGREEMENT as though fully
irety herein.
THE PARTIES
'ITY and the DISTR CT have independently contracted and paid
ices related to the pre 3aration of the Storm Water Management Plan.
ISTRICT agree to a oint submission of a Storm Water
the TCEQ in compliance with the Phase II requirements as noted
TY and the DISTRICT agree that services related to the
lance of District-ow lied facilities within the DISTRICT
ue to be the financial responsibility of the DISTRICT.
The CITY and the
of the Storm Water
zblic Education and O
zblic Involvement/Par
cit Discharge Detectic
nstruction Site Storm
st Construction Storm
TRICT agree that the CITY will perform
agement Plan in regards to the minimum
ipation
and Elimination
ater Controls
rater Management for New
2.04 The CITY and the DISTRICT agree that each respective entity
will be responsible within their area of involvement for minimum control measure 6,
Pollution Prevention/ Good Housekeeping for Municipal Operations.
2.05
provide detailed i
as needed so that
2.06
will be responsible
notifications to the
Water Management
III
INDEMNIFICATI
3.01 THE
HARMLESS FROM
FROM OR RESUL'
MANAGEMENT P
3.02 THE 4
HARMLESS FROM
FROM OR RESULT
MANAGEMENT PI
3.03 HOWE
CONTAINED HERE]
SOVEREIGN IMMUI
CODE, SECTION 101
IV
NOTICES
The CITY and the DISTRICT agree that the DISTRICT will
-mation on activities ithin the DISTRICT boundaries to the CITY
CITY may complete its annual report to the TCEQ.
The CITY and the l
r record keeping, and
:EQ under the terms
AND HOLD H
)ISTRICT AGREES
ANY CLAIM BY A
[NG FROM THE IMl
AN.
ITY AGREES TO l
kNY CLAIM BY A
vG FROM THE IM
VER— THE INDEM
N SHALL NOT BE
1ITY ALLOWED PI
.001 ETSEQ., OR O
)ISTRICT agree that each respective entity
submittal of any and all required forms and
Df their permit, or as required by the Storm
[LESS
INDEMNIFY AND HOLD THE CITY
RD PARTY FOR DAMAGES ARISING
MENTATION OF THE STORM WATER
EMNIFY AND HOLD THE DISTRICT
IRD PARTY FOR DAMAGES ARISING
?MENTATION OF THE STORM WATER
[CATION AND HOLD HARMLESS
?MED A WAIVER OF ANY
UANT TO TEX. CIV. PROC. & REM.
?RWISE.
Any notice reqL fired to be given under this Agreement shall be deemed to have
been adequately given If deposited in the Unil ed States mail in an envelope with
sufficient postage and f roperly addressed tot the other party as follows:
If to the DISTRI
Northwest Dallas C L
c/o Mr. Pete Eckert
3960 Broadway Bo le
Garland, Texas 750,13
A change of
prior written notice.
V
MISCELLANEOUS
Flood Control D
1, Suite 205
may be made t
PROVISIONS
5.01 This AGREEMENT shall b
parties hereto and their respective successor
5.02 This GREEMENT cons
parties hereto and su ersedes any prior ur
between the parties r specting the subject
If to the CITY:
City of Coppell
c/o City Engineer
255 Parkway Blvd.
Coppell, TX 75019
►y either party upon the giving of ten (10) days
binding upon and inure to the benefit of the
and assigns.
the sole and only agreement of the
idings or written or oral agreements
hereof
5.03
No t am ndment, modification or alteration of the terms hereof shall be
binding unless the sa e be in writing, dated ubsequent to the date hereof and duly
executed by the partie .
5.04 This AGREEMENT may be e ecuted concurrently in one or more
counterparts, each of which shall be deemed n original, but all of which together shall
constitute one and the same instrument.
5.05 If, in case, any one or more of the provisions contained in this
AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or imenforceability shall not affect any other
provision hereof an this AGREEMENT shall be construed as if such invalid, illegal or
unenforceable prov sion had never been c ntained herein.
5.06 The obligations and undertakings of each of the parties to this
AGREEMENT are and shall be performable in Dallas County, Texas.
5.07 Each party hereto warrants hat it has received authority from its
governing body toe ter into this AGREF. FNT
this 23 day of Take 2008.
NORTHWEST DA LAS COUNTY
FLOOD CO RO DISTRICT
/—
By:
Wayne Reyn Ids
President
ATTEST:
, l-Al
APPROVED AS TO FORM:
Attorney
COPPELL,
By: &;��
Douglas N.
Mayor
ATTEST:
Libby Ball
City Secreta y
APPROAD)AS TO FORM:
Robert E. Hager
City Attorney