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ST0005-CS0108088~7-410-~003 CITY OF GRAPEVIN~ PAGE 81 FAX COVER SHEET To: Ken Griffin Fax #: (~ 94~-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 Works Department City of Grapevine P O Box 95104 Grapevine. Texas 76099 817410-3139 FaX: 817-410-3003 817-410-3003__ CITY OF GRAPEVIN~ PAGE 02 INTER.LOCAL AND BOUNDARY ADJUSTMENT AGREEMENT 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.&dj ostment Agreement, herelna£ter referred to as "the Agreement," relative to (1) the adjustment ofbouudarie5 between the City and the Town; (2) Lakeside Parkv:ay and the Lakeside Business District iix 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 5VHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of the Texas Government Code, authorizes Texas local goverrm'tents to contract with one or more other local governments to perform governmental functions and scm, ices tinder the terms of said Act; and WHEREAS, pursuant to Section 43.031 of the Texas Local Government Code, the City and . the Town are authorized and empowered to fix their boundaries and exchange areas with oth& municipalities, and further, pursuant to said Section, the City ,,nd 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 Toxvn acknoxvledge that uncertainty has existed relative to the location of their respective corporate boundaries on the tract that is the subject of this .&greement; and WHEREAS, the City and the Town concur that this Agreement is in the best interests of~he 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 follov:ing terms and conditions, as follows: All of the above premises and findings are hereby fonnd to be true and con'ect and are hereby approved and incorporated into the body of this Agreement as if copied in their entirety. II. Thc 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 "lhe Property," described and depicted in Exhibit 1, attached hereto. By executing this Agreement, both the City artd the Town acknowledge that the Town's corporate limits do not extend into Dallas Cottl'lty, Tex~s, and that no Town territory so extends into Dallas County, Texas. Further. it is the intent of the City and tine Town in this Agreement and the City :md the Town so acknowledge tha; ~o portion, parcel or territory of the Town lies in Dallas County. Tex,s. INTEliLOCAI. AND BOUNDARY ADJUSTMENT AGREEMENT-Page 1 08/08/2001 10:08 817-410-3003 CITY OF 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 exercises 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 constrvct all roadway and utilitY' improvements associated with the Lakeside Parkway Project, including those portions of Lakesid'~ Parkway located in the City as a consequence of the execution 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 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 Am'fy 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 Tov,'n further agrees that, upon completion of construction, it shall provide access to the City's park and trail system from Lakeside Parkway. VIII. The Town agrees to sell to the City treated wastewater effluent for the irrigation of the City's golf courses subject to such ,,vaste~vater effluent being provided to the City by the Town at a cost per one thousand (1,000) gallons that is mutuall)' agreeable. IX. The Town agree_; to provide water ,',,lad wastewater services to the of%course restroo::~ facilities located at the Grapevine Municipal Gol£Course. Water and v.'astewatcr services shall b--' INTERLOCAL AND BOUNDARY ADJUSTSIE~T AGREEIXlENT-Pa~.e 2 08/08/2001 10:08 817-410-3~003 CITY OF GRAPEVINEs. PAGE 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 cnstomary rate and fee schedules. Xo This Agreement may not be assigned. It embodies the entire agreement betxveen the parries and may not be amended except in wr/ting 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. XIL 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 A~eement 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 Count}', 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 indMdual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same~ XV. This Agreement shall be flied in the deed records of Denton County, Texas, Dallas Count}', 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, illegality or tmenforceability 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 this Agreement. which shall remain in fid[ force and effect. INTERLOCAL AND BOUNDARY ADJUSTb~IENT AGREEMENT-Page 3 ~ 08/08/200i 10:08 817-410-3003 CITY OF GRAPEVINE PAGE 05 EXECUTEDthis_Z~---4-~~ dayof .~P-~Tv~t~ ,2000, by the Town ofFIowcr Mound, Texas, pursuant to Town Council action taken on the /~"~. day et' r~t~,.~ , , 2000, and b.y the City o£Grapevine, Texas, pursuant to City Council action taken on the. / qYr~ day or /~X. eb~a./~.&., ,2000. TOWN OF FLOWER MOUND, TEXAS CITY OF GRAPEVINE, TEXAS By: Lori L. DeLuca Mayor ATTEST: By: William D. Tate Mayor APPROVED BY COUNCIL ATTEST: Paula Lawrence Town Secretary uff City Secretary APPROVED AS TO FOR1Vh APPROVED AS TO FORM: Terrence S. Welch Town Attorney Town of Flower Mound, Texas John F. Boyle, Jrl City Attorney City of Grapevine, Texas INTERLOCAL AND BOUNDARY ADJUSTMENT AGI:tEEMENT-Page 4 817-410-3003 CITY OF GRAPEVINE PAGE 06 EXHIBIT t 08/08/200i 10:08 817-410-3003 CITY OF GRAPEVINE PAGE 07