Number 1508/08/2001 10:08 817 - 410 -3003 CITY OF GRAPEVINE PAGE 02
INTERLOCA)L AND BOUND ARY ADJUSTMEU 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
lnterlocal and BoundaryAdjustment Agreement, hereinafter referred to as "the Agreement," relative
to (1) the adjustment of boundaries between 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 governments to contract with one or more other local
governments to perform governmental functions and services 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 other'
municipalities, and further, pursuant to said Section, the City and 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 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
WHEREAS, the City and the Town concur that this Agreement is in the best interests of the
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 following terms and conditions, as follows:
L
All of the above premises and findings are hereby found to be true and correct and are hereby
approved and incorporated into the body of this Agreement as if copied in their entirety.
XI.
The 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 "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 County, Texas, and that no,
Town territory so extends into Dallas County. Texas, Further, it is the intent of the City and the
Town in this Agrectnent and the Cite and the Town so acknowledge th : », portion, parcel or
terntory of the Town lies in Dallas County, Texas,
INTERLOCAL AND BOUNDARY ADJUSTMENT L1G��—Page I
1t /�a /,r>..
08/08/2001 10:08 817- 410 -3063 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 Park« ay
Project," as depicted, in part, on Exhibit 1. The Town shall construct all roadway and utility,
improvements associated with the Lakeside Parkway Project, including those portions of Lakeside
Parkway located in the City as a consequence ofthe execution of this Agreement, and the Town shall
maintain same at all times hereafter.
V.
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 necessarti-,
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.
VX.
The City consents to the Town's construction of the Lakeside Parkway Project on any
property the City leases from the United States Army 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 Parkway.
VIII.
The Town agrees to sell to the City treated wastewater effluent for the irrigation of the Cit%-'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 mutuall)' agreeable.
Ix.
The Town agree= to prox•ide water and wastewater setti,ices to the oru- course restroc-
facilities located at the Grapevine Municipal Golf Course. Water and wastewaaer services shall 'c_
1 \TERLOCAL AND I30UiYDA RY ADJGST! FQt T AGREEME\T --Page 2
08/08/2001 10:08 817 -410 -3003 CITY OF GRAPEVINE, PAGE 04
so provided by the Town to the City in the same manner they are extended to custo mers within the
schedules.
Town's corporate limits and shall be subject to the Town's normal and customary rate and fee
X.
This Agreement may not be assigned. It embodies the entire agreement between 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 aree to submit
such disagreement to mediation. g
NCH.
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.
MR.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Texas. Venue for any action arising under this Agreement stall lie in either Denton Count},
Texas, or Tarrant County, Texas.
XI V.
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 individual 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 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 rea >on
shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability of this Agreement shall be construed as if such invalid, illegal or ttnenforczab z
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 B0!JNDARY ADJUS -T[ N'T AGREE IF \T —Page 3
08/08/2001 10:08 817 - 410 -3003 CITY OF GRAPEVINE PAGE 05
EXECUTED this day of QC e�(,�
Mound, Texas, pursuant to Tow Council action taken on 00, by the Town ofFlo�t er
the day of
2000, and b the City of Grapevine, Texas, pursuant to City Council
action t�the day Y yl t.�r , 2000.
TOWN OF )'LOWER MOUND, TEXAS
By:
Lori L. DeLuca
Mayor
ATTEST:
Paula Lawrence
Town Secretary
APPROVED AS TO FORM:
Terrence S. etch
Town Attorney
Town of Flower Mound, Texas
CITY OF GRAPEVINE, TEXAS
By:
William D. Tate
Mayor
APPROVED BY COUNCIL 1aJtq(y�`�
ATTEST:
Linda uff
City Secretaryy
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
City of Grapevine, Texas
INTERLOCAL AND BOUND4R'Y gDJUSTA�ENT AGREER'lENT —page 4
08/08/2001 10:08 817- 410 -3003
CITY OF GRAPEVINE
EXHIBIT 1
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