ST9904-AG 950523CITY COUNCIL MEETING:
AGENDA REQUEST FORM
May 23, 1995
XTEM # ~__
ITEM CAPTION:
Consideration of an Interlocal Agreement with the city of
regarding SH121 property.
Grapevine
INITIALS
STAFF COMMENTS:
STAFF RECOMMENDATION
EXPLANATION:
Approval
Denial
BUDGET AMT.$
FINANCIAL COMMENTSg~
ANT. EST.$
+/- BUD:$
UINANCIAL REVIEW~
Agenda Request Form - Revised 1/94
CITY MANAGER REvIEW",~
13.
Consideration of an Interlocal'Agreement with the City of Grapevine
regarding SH121 property.
City Manager Jim Witt made a presentation to Council. Doug Johnson, representing Industrial
Development International, made a presentation to Council. Councilmember Mayo moved to
approve an Interlocal Agreement with the City of Grapevine regarding SH121 property.
Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan
voting in favor of the motion.
14.
Consideration of awarding Bid #Q-0395-01 Village Parkway Ground Storage
Tank //2 Project /fgqA 93-02 to NATGUN Corporation in the amount of
$2,809,305.00 and authorizing the Mayor Pro Tern to sign.
Howard Pafford, Water and Wastewater Superintendent, made a presentation to the Council.
Councilmember Sheehan moved to approve Bid gQ-0395-01 Village Parkway Ground Storage
Tank//2 Project gWA 93-02 to NATGUN Corporation in the amount of $2,809,305.00 and
authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried
7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell,
Mayo, and Sheehan voting in favor of the motion.
15. Necessary action resulting from Executive Session.
There was no action necessary under this item.
16.
City Manager's Report.
A. Status Report - "The Steve Massoni Story".
City Manager Jim Wilt reminded Council that Council photographs would be taken on
June 13, 1995 at 5:30 p.m.
City Manager Jim Witt requested a Special Council meeting be called for June 1, 1995
to review the bids for the renovation of Town Center.
City Manager Jim Witt reported on the Steve Massoni story.
17. Mayor's Report.
Mayor Pro Tem Robertson had no report under this item.
CM052395
Page 5 of 6
STATE OF TEXAS §
§
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
This interlocal agreement between the City of Grapevine, Texas, a Home Rule
City (Grapevine) and the City of Coppell, a Home Rule City (Coppell) and H/A
Grapevine Joint Venture (H/A) is entered into pursuant to Chapter 791 of the Texas
Government Code.
WHEREAS, Grapevine and Coppell have contiguous and adjacent boundaries;
and
WHEREAS, H/A is the owner of a tract of land approximately one hundred and
eighty (180) acres in size, which tract is described by metes and bounds in Exhibit
"A", which exhibit is hereby incorporated into the body of this contract as if copied
in its entirety, which tract shall be hereinafter referred to as the Hunt Property; and
WHEREAS, the Hunt Property is located in both the City of Grapevine
(approximately one hundred and twenty (120) acres of the property) and in the City
of Coppell (approximately sixty (60) acres of the property); and
WHEREAS, H/A has submitted a conceptual plan of potential development of
the Hunt Property for commercial warehouse use, which plan of development reflects
buildings in both cities, Exhibit "B", and
WHEREAS, Coppell does not currently have the capacity in its water and sewer
system to serve the sixty (60) acres of the Hunt Property located within its city limits;
and
WHEREAS, Coppell is willing for Grapevine to provide water and sanitary sewer
service to the sixty (60) acres of the Hunt Property located in Coppell and Grapevine
is agreeable to providing such services pursuant to and in accordance with the terms
of this Agreement.
NOW THEREFORE the parties, Grapevine, Coppell and H/A, do hereby contract,
covenant and agree for good and valuable consideration including mutual promises,
the receipt and adequacy of which is hereby acknowledged, as follows:
Section I.
All matters 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 and sanitary sewer service to all of the
Hunt Property. Coppell agrees to allow Grapevine to provide water and sanitary sewer
service to the development of the Hunt Property within its boundaries. Grapevine
shall receive all revenues from the water treatment and distribution and the sanitary
sewer collection and treatment including any impact fees, tap fees, inspection fees,
and all other fees. Grapevine shall have the opportunity to review and inspect the
plumbing facilities in Coppell during co~ ~truction and at all reasonable times thereafter
to be assured that the facilities are compatible and consistent with the City of
Grapevine's system and are not violations of any of Grapevine's relevant ordinances.
Coppell agrees to enforce its ordinances and all federal and state laws. Grapevine
ordinances shall prevail in the event of an inconsistency or conflict.
B. H/A shall pay all rates, fees and charges for water and sanitary sewer
service for the sixty (60) 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.
Section III.
Grapevine shall provide all building inspection and Grapevine shall receive all
permit and building inspection fees. The City of Grapevine shall have the right to
enforce and police all applicable City ordinances of Coppell. In the event of a conflict
between Coppell's and Grapevine's ordinances, relating to water, sanitary sewer,
building codes and fire codes, the most stringent of the two Cities' ordinances shall
prevail.
Section IV.
A. The two (2) cities shall endeavor to zone the property within their
respective cities in a manner that is compatible and conducive to development in
accordance with the plan submitted by H/A. Any conflict in the zoning shall be
resolved by applying the most stringent standard.
B. A single subdivision plat shall be filed for review and approval in both
cities.
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Section V.
A. Coppeil and/or Grapevine shall provide the first response for emergency
police and fire service to the Hunt Property in accordance with an existing or future
interlocal agreement. Grapevine shall supply back up emergency police and fire
services to the Hunt Property, all in accordance with an existing interlocal agreement
between Grapevine and Coppell.
B. All public streets shall be constructed in accordance with Grapevine
regulations, ordinances and requirements. Grapevine shall inspect all initial
construction. Grapevine agrees to maintain and repair the streets in a manner that is
consistent with its street maintenance and repair requirements. Grapevine agrees to
submit costs estimates of maintenance and repair activities to Coppell for their
approval prior to undertaking the work provided however, that Grapevine shall not be
required to submit said estimates in the event that emergency repairs are required as
determined by Grapevine. Coppell agrees that subject to any objection to the
estimates being submitted to Grapevine within thirty (30) days of receipt of said
estimate, said estimate shall be deemed approved by Coppell. Coppell shall reimburse
Grapevine, on a quarterly basis, its reasonable expenses incurred in maintaining the
streets.
C. Grapevine flood plain requirements are applicable to the Hunt Property.
Section VI.
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 and sanitary sewer systems 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 VII.
A. This agreement shall be for a term of twenty (20) years commencing on
the ~\~ day of ~ 1995. The Agreement shall be
automatically extended for five (5) yea~r_~eriods unless any party gives the other
parties at least one (1) full year written notice in advance of the extension date.
3
B. All parties may pursue all legal and equitable remedies except termination
after giving the other party thirty (30) days written notice to correct the default and
failure of the other party to rectify said default.
Section VIII.
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 GRAPEVINE:
City of Grapevine
P.O, Box 95104
Grapevine, Texas 76099
Attention: City Manager
TO COPPELL:
City of Coppell
P,O. Box 478
Coppell, Texas 75019-0478
Attention: City Manager
TO H/A JOINT VENTURE:
A change of address may be made by either party upon the giving of ten (10)
days prior written notice.
Section IX.
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.
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3. No amendment, modification or alteration of the terms hereof shall be
binding unless the same be in writing, 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 Tarrant County, Texas.
governing body to enter into this agreement.
EXECUTED THIS //7 '~ day of
OF
Each party hereto warrants that it has received authority from its
,1995.
APPROVED BY CITY COUNCIL
City et r, mine, Tame
APPROVED AS TO FORM:
City Attorney
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CiTY OF COPPELL
PON ROBERTSON, NAYOR PRO TEN
A'I-rEST:
C~it~Secretary
APPROVED AS TO FORM:
H/A GRAPEVINE JOINT VENTURE
by Hunt Building Corporation
General Partner
STATE OF TEXAS ) ~
)SS Ronald C. Glover
Executive Vice President
COUNTY OF EL PASO )
This instrument was acknowledged before me on ~,~1 , 1995 by
Ronald C. Glover, Executive Vice President of Hunt Buil4~-ng ~orporation,
General Partner of H/A Grapevine Joint Venture.
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