Northport BP-AG 960326~,~,' AGENDA REQUEST FORM
CITY COUNCIL MEETING: March 26, 1996
ITEM #
ITEM CAPTION:
Consideration of authorizing the City Engineer to begin negotiations with the City of Grapevine to enter
into an Interlocal Agreement to provide water service to the No,~ort Business Park on a temporary
basis. ' - ~"
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SUB Kenn_h Griffin, P.E. -
TITLE: Assistant City Manager/City Engineer INITIALS
STAFF COMMENTS:
See attached memo.
STAFF RECOMMENDATION Approval X Denial
EXPLANATION:
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS :4~%
Agenda Request Form - Revised 1;94 Dc cumcnt Name ¢,u'.02 ~
MEMORANDUM
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., ACM/City Engineer ~
RE: Consideration of authorizing the City Engineer to begin negotiations with the
City of Grapevine to enter into an Interlocal Agreement to provide water
service to the Northport Business Park on a temporary basis.
Date: March 18, 1996
Recently, I was contacted by an engineer representing the Greenway Investment Company who
is interested in developing some land generally bounded by S.H. 121 and the west side of the
Freeport North Subdivision. The property lies partially in the City of Coppell and partially in
the City of Grapevine. During our discussions, we talked about the availability of utilities to
this site. The consultant was provided copies of our Water Master Plan and computer modeling
of the water system to ascertain whether or not there were available volume and pressure in the
area to sustain this development. Subsequent to that, the engineer indicated that it would be cost
prohibitive to develop the property considering the fact that not only would pumps be necessary,
but. in his opinion, some type of on-site water storage facilities would be necessary to
adequately serve the development. He then inquired as to the feasibility of obtaining water from
the City of Grapevine. My initial response to that inquiry was "no" (see attached letter).
A meeting was then held between the engineer and representatives of Greenway Investment
Company to further explore the possibility of Grapevine providing water. Prior to the meeting,
I spoke with the Director of Public Works for the City of Grapevine to inquire about
Grapevine's opinion on this matter. The Director of Public Works stated that while the City
Council of Grapevine was not enthused about providing water outside their City Limits. the
Grapevine staff would support any recommendation from Coppell on this matter. My concern
is that there are water lines stubbed to the property that currently lack volume and pressure,
however, that issue will be corrected in the very near furore once the elevated storage tank is
constructed. It is anticipated that the elevated storage tank will begin construction within two
years, if not sooner.
To attempt to resolve this issue, I discussed with Greenway Investment Company the possibility
of a temporary connection to the City of Grapevine and then making a permanent connection to
the City of Coppell water system once the elevated storage tank had been constructed. We also
discussed the fact that even though they would not be tieing into the City of Coppell Water
System, we would still require them to construct a portion of our Master Water System that lies
within their property at the time of initial development.
During the course of my conversation with Greenway Investments, it became apparent that there
might be an opportunity to establish a win/win situation for the development of this property.
The developer could win in the fact that he could develop his property today at a lesser cost i.e.,
no pumps or storage facilities and adequate water provided by the City of Grapevine. The win
situation for the City of Coppell would be that while we would not be collecting an3' revenue
for water sales initially, for the long term we would have a portion of our Water Master Plan
constructed and begin to collect water revenue from the development at such time as our
elevated storage tank was constructed.
Because this appears to be an opportunity for both sides to gain something long term from this
endeavor, Staff recommends approval of beginning negotiations with the City of Grapevine to
establish an Interlocal Agreement for the City of Grapevine to provide water to the Northport
Business Park on a temporary basis. Staff will be available to answer any questions at the
Council meeting.
COUNTY OF DALLAS ]
This interlocai agreement between the Devine, Texas, a Home Rule City
(Grapevine) and the City of Coppell, a (Coppeil) and Greenway Investment
Company is entered into pursuant to Chapter of the Texas Government Code.
WHEREAS, Grapevine and Coppell contiguous and adjacent boundaries; and
WHEREAS, Greenway Company is the owner of a tract of land
approximately 23.235 acres in size, is described by metes and bounds in Exhibit "A",
which exhibit is hereby incorporated the body of this contract as if copied in its entirety,
which tract shall be hereinafter to as the Northport Business Park; and
WHEREAS, the Business Park is located in both the City of Grapevine
(approximately 7.02 acres of the and in the City of Coppell (approximately 16.22 acres
of the property); and
WHEREAS, Coppel >es not currently have the capacity in its water system to serve the
16.22 acres of the Business Park located within its city limits; and
WHEREAS, is willing for Grapevine to provide water service to the 16.22 acres
of the Northport located in Coppell on an interim basis and Grapevine is agreeable
to providing such :es on an interim basis pursuant to and in accordance with the terms of
this Agreement.
NOW, the parties, Grapevine, Coppell and Greenway Investments, do
hereby contract, :ovenant and agree for good and valuable consideration including mutual
promises, the re .eipt and adequacy of which is hereby acknowledged, as follows:,
SECTION I.
All $.aatters stated in the preamble are true and correct and are incorporated into the body
of this Agreement as if copied in their entirety.
SECTION II.
A. Grapevine agrees to provide water service to all of the Northport Business Park
Pro~,ertv. including the part in Coppell on an interim basis. Coppell agrees to allow Grapevine
to~rovide water service to the development of the Northport Business Park Propertv within its
~l~undaries. Grapevine shall receive all revenues from the water treatment and distribution and
any impact fees, tap fees, inspection fees, and all other fees. Grapevine and Coppell shall have
the right to review and inspect the plumbing facilities in Coppell during construction and at all
reasonable times thereafter to be assured that the facilities are compatible and consistent with the
City of Coppell's and City of Grapevine's system and are not violations of any of Coppell's and
Grapevine's relevant ordinances. Coppell agrees to enforce its ordinances and all federal and
state laws.
B. Greenway Investment Company shall pay all rates, fees and charges for water
service for the 16.22 acre tract located in Coppell to Grapevine at 1.25 times the rates, fees and
charges identified in Grapevine's ordinances establishing such rates, fees and charges. Grapevine
retains the right to change and adjust its charges.
C. All ~vater lines identified in the City of Coppell Water Master Plan shall be
installed by Greenway Investment Company at the time of development.
D. An easement shall be granted to the City of Coppell for an emergency connection
to the City of Grapevine water system, along with the construction of the necessary improvements
by Greenway Investment Company at the time of development.
SECTION III.
A. A single subdivision plat shall be filed for review' and approval in both cities.
SECTION IV.
A. At such time as Coppell has adequate volume and pressure to supply water to the
portion of the land in Coppell and Grapevine ceases to provide the water, Greenway Investment
Company will pay impact fees, then in effect, for connection to the Coppell water system.
SECTION V.
A. Coppell does hereby release, relieve and indemnify Grapevine, its elected officials,
officers, agents, servants and employees, contractors, assigns and successors in interests from any
and all claims, suits, causes of action, personal injuries, property damage, including court costs
and reasonable attorney fees relating to the repair and maintenance of the public streets and the
operation, repair and maintenance of the public water system within Coppell provided however,
that this release and indemnification does not apply to acts solely caused by the negligence of
Grapevine, its elected officials, officers, agents, servants and employees, contractors, assigns and
successors in interests.
SECTION VI.
A. This agreement shall be for a term of twenty (20) years commencing on the
day of 1996 or until Coppell has adequate volume and pressure to
supply water to the land in Coppell. The Agreement shall be automatically extended for five (5)
year periods unless any party gives the other parties at least one (1) full year written notice in
advance of the extension date.
B. All parties may pursue all legal and equitable remedies except termination after
giving the other party thirty (30) days x~xitten notice to correct the default and failure of the other
party to recti~ said default.
C. This agreement shall automatically terminate at such time as Coppell has adequate
volume and pressure to supply water to the property and actually begins supplying water.
SECTION VII.
Any notice required to be given under this Agreement shall be deemed to have been adequately
given if deposited in the united States mail in an envelope with sufficient postage and properly
addressed to the other party as follows:
TO COPPELL:
City of Coppell
P.O. Box 478
Coppell, Texas 75019-0478
Attention: City Manager
TO GRAPEVINE:
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Attention: City Manager
TO GREENWAY INVESTMENT COMPANY:
Greenway Investment Company
2301 Cedar Springs Suite 400
Dallas, Texas 75201
A change of address may be made by either party upon the giving of ten (10) days prior
v~xitten notice.
SECTION VIII.
1. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors, and assigns.
2. This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the subject matter hereof.
3. No amendment, modification or alteration of the terms hereof shall be binding
unless the same be in wxiting, dated subsequent to the date hereof and duly executed by the
parties.
4. This Agreement may be executed concurrently in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
5. In case any one or more of the provisions contained in this Agreement shall for
any reasons be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
6. The obligations and undertakings of each of the parties to this Agreement are and
shall be performable in Dallas County, Texas.
7. Each part)' hereto warrants that it has received authority from its governing body
to enter into this agreement.
EXECUTED THIS day of , 1996.
CITY OF COPPELL
TOM MORTON, MAYOR
ATTEST:
LINDA GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
CITY OF GRAPEVINE
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
Greenway Investment Company
STATE OF TEXAS ]
]
COUNTY OF DALLAS ]
This instrument was acknowledged before me on , 1996 by
of Greenway Investment Company.
Notary Public Signature
STATE OF TEXAS
COUNTY OF
Before me, a Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing document and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office this day of , 1996.
Notary Public Signature
Notary. Public Printed or Typed Name
My Commission expires:
STATE OF TEXAS
COUNTY OF
Before me, a Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing document and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office this day of , 1996.
Notary Public Signature
Notary Public Printed or Typed Name
My Commission expires:
Graham Associates, Inc.
CONSULTING ENGINEERS & PLANNERS ~
!1
March 27, 1996
Mr. Ken Griffin, P.E.
City of Coppell
P.O. Box 478
255 Parkway Blvd.
Coppell, Texas 75019
Re: Interlocal Agreement
North Tract
Fellowship of Las Colinas
Dear Ken:
As per our telephone conversation, I contacted both the Church and Greenway Investments to
let them know you would be doing the following:
1. Contacting Mr. Jerry Hodge with Grapevine at the end of the week or the first
part of next week to discuss the interlocal agreement.
I
2. Working toward the first City Council meeting in May to schedule approval of "
the interlocal agreement.
The closing date for the property is dependent on the City Council approval,of the interlocal
agreement. I would appreciate your efforts in making the May 14th City Council agenda.
I know Grapevine must also approve the agreement. If I need to meet with you or Jerry,
please contact me. Thank you for your cooperation.
Sincerely,
cc: Mr. Tommy Pigg, Oreenway Investments
Mr. David Hardesty, Fellowship of Las Colinas
la~eoln.'flw~hip.grifllr.doe
Summit Office Park Centerpo,nt Two NafionsBoqk
1&.'.'.'~ Summit Ave., Suite 712 6i6 Dx Flags Ddve. Suite 400 705 W Ave. B, Suite 201
Ft. Worth, Texas 76102 Ailing:on, Texas 76011 Garland, Texas 75040
(817) 332-5756 (817) 649-8,530 * Metro [8!7] 640-8535 (214) 272-4655
FAX (817) 336-6909 FAX (817) 633-5240 FAX (214) 272-4655
FUTURE
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NOTE: THE LOCATION AND RIGHT-OF-WAY WIDTH tS
SUBJECT TO THE CITIES OF GRAPEVINE AND
COPPELL AND THE STATE DEPARTMENT OF
TRANSPORTATION APPROVAL.
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616 SIX FLAGS DRIVE. SUITE 400
ARLINGTON, TEXAS ?~011 (8.17) 6,10-8535 DA'IE 12/15/g5... PROJ.NO.~38~I-1004