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ST0005-CN001218,08/00/~001 10:08 817-410-3083 CITY OF GRAPEVINE PAGE 01 67-- 000_5 FAX COVER SHEET To: Ken Griffin Fax #: ~Gr'L Q4~-304-7041 Subject: Interlocal Agreement with Flower Mound Date: 08/06/01 Pages: 7, including this cover sheet. COMMENTS: Please call me if I can help in any way. From the desk of... Lorna Gibson Civil Engineer Public Work~ Department City of Grapevine P O Box 95104 Grapevine. Texas 78099 817-410-3139 Fax: 817-410-3003 08/08/2001 10:08 817-410-B003 CITY OF GRAPEVINE PAGE 02 INTER.LOCAL AND BOUNDARY ADJUSTMENT AGREI~MENT 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 Agreernent, hereina[ter re[erred to as "the Agreement," relative to (1) the adjustmera ofboundaries betv,'een 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 goverm'nents to contract with one or more other local governments to perform governmental functions and se~,ices under the terms of said Act; and WHEREAS, pursuant to Section 43.031 of the Texas Local Goven'm'~ent Code, the City and .. the Town are attthorized and empowered to fix their boundaries and exchange areas with otheF municipalities, and further, pursuant to said Section, the City and the Town may .make mutually a~eeable 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 WHERE.AS, the City and the Tov,'n concur that this Agreement is in the best interests off, he citizens of Grapevine and Flower Mound; NOW, THEREFORE, IHIS 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: I. All of the above premises and findings are hereby found to be tree and con'ect 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 o t'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 Cotlllty, Texas, and that no. Town territory so extends into Dallas County, Texas. Further, it is tl~e integer of the City and tine Toxx'~a in this Agreement and the City and the Town se acknowledge that :'..o portion, parcel or territory of the Town lies in Dallas County. Texas, INTERLOCAI, AND BOUINDARY ADJUSTME,NT AGREEMENT-Page 1 ~,08/08/~2001 10:08 817-410-3003 CITY DF GRAPEVINE PAGE 03 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 e×ercises within its corporate boundaries. IV, The City and the Town acknowledge that the Town is constructing Lakeside Parkway, which includes roadway and utilities construction and is hereinafter referred to as "the Lakeside Parkway Project," as depicted, in part, on Exhibit 1. The Town shall construct all roadway and utilitY' improvements associated with the Lakeside Parkway Project, including thos~ portions of Lakeside Park~vay located in the C~ty as a consequence of the e×ecution of this Agreement, and the Town shall maintain same at all times hereafter. 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 fight-of-way for said Project. Further, the City consents andagrees that it will provide to the Town any necessary fight-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 constmction of the Lakeside Parkway Project on any property the City leases from the United States Am'~y 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 construction, it shall provide access to the City's park and trail system from Lakeside Parl, avay. VIII. The Town agrees to 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 v,'astev,'ater services to the on<ourse restroo:',: facilities located at the Grapevine Municipal Golf Course. Water and was~ewat:r services shall b-' INTERLOCAL AND BOUNDARY ADJUSTI¥IE.,,~T AGREEMENT-Page 2 ,08/08/,2001 10:08 8~7-410-3003 C~TY OF GRAPEVINE P~GE 04 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 be~veen the parties and may not be amended except in writing. XI. 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. 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. This A~eement shall be governed by and construed in accordance with the la~vs 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 ~varrants and represents that the indMdual executing this Agreement on behalf of the City has fitll authority to execute this Agreement and bind the City to the same. XV. This Agreement shall be filed in the deed records of Denton County, Texas, Dallas County, Texas and Tarrant County, Texas. XVI. 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, illegalir, y or unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceab!e provision had never been contained herein, but shall not affect the remaining provisions of Agreement. which shall remain in full force and effect. INTERLOCAL AND BOUNDARY ADJUSTMENT AGREEMENT-Page 3 08/08/2001 10:08 817-410-3003 CITV OF GRAPEVIHE PAGE 05 EXECUTED this ~ day °f-.~-~7~Cc-~ ,2000, by the Town of Flowcc Mou~nd, Texas, pursuant to Town Council action taken on the /~"¥-- 'day of t~f ff'~ _~__, 2000, and b_y the City of Grapevine, Texas, pursuant to City Council action taken on thc_/'~Yf~-day of ~)-~d'g,~L,~'z ~, _, 2000. TOWN OF FLOWER MOUND, TEXAS CITY OF GRAPEVINE, TEXAS Lori L. DeLuca William D. Tate Mayor Mayor APPROVED BY COUNCIL I~/{q[~.,:,c~- ATTEST: ATTEST: ..... ' Paula Lawren'~e ...... Linda-I~uff Town Secretary City Secretacy APPROVED AS TO FORM: APPROVED AS TO FORM: Terrence S. Welch John F. Boyle, Jrl Town Attorney City Attorney Town of FIower Mound, Texas City of Grapevine, Texas INTERLOCAL.AND BOUNDARY ADJUSTMENT A_G,R.EEI¥IENT-Page 4 88/.88/.2881 18:88 817-418-3883 CITY OF GRAPEVINE PAGE 8G EXHIBIT .08/08~200i i0:08 817-410-3003 CITY OF GRAPEVINE PAGE 07 ....~. , ~,)~,.: ,_'~,-.~ ":~';'"'~, ~ '"" '7:>';' ~ ";' ~'.'~..':~'. ' ';:~. -;~, : ?,,~.. ..... ~..~.. ~ ..._~ ~_-~.. ~ · ~ ? · ..~'- ,..