RES 1998-15TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 98-15
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE
MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH NORTHWEST INDEPENDENT SCHOOL DISTRICT
AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1
FOR STORM WATER DRAINAGE IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. That the Mayor is hereby authorized to enter into an Interlocal Agreement
for Storm Water Drainage Improvements with the Northwest Independent School District
("NISD") and Trophy Club Municipal Utility District #1 ("TCMUD#1"); a copy of said
agreement being attached hereto and labeled Exhibit A.
Section 2. That this Resolution shall become effective immediately upon passage and
approval, and it is so resolved.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, this 18th day of A111i I I s f. 11998.
Vayor
ATTE7L-�own of Trophy Club, Texas
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Town Secretary -
Town of Trophy Club, Texas
APPPVED AS TO FORM,;,,
Town Attorney
Town of Trophy Club, Texas
DOC #: 420553
LAw OFFICES OF ROBERT E. LUNA, P.G.
ATTORNEYS AND COUNSELORS AT LAW
4411 NORTH CENTRAL EXPRESSWAY
ROBERT E. LUNA
DALLAS. TEXAS 75205
RANDEL B. GIBBS
RANDALL L. SHEPHERD
_
DANIEL K. BEARDEN, JR.
TELEPHONE (214) 521-8000
GEORGE C. SCHERER
FACSIMILE (214) 521.178
EARL LUNA
LORNA L. BELT
OF COUNSEL
SHELBY C. REED
(1922.1996)
LYDIA L. PERRY
SHERREL K. KNIGHTON
KEVIN B. GORDON
JOSEPH K. BALL
ANDREA SHEEHAN
J. DOUGLAS BURNSIDE
OLIVIA SARGON-GLASGOW
September 15, 1998
Robert G. West
Michener, Larimore, Swindle et al., L.L.P.
3500 City Center Tower I1
301 Commerce Street
Fort Worth, Texas 76102-4135
Donna Welsh
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Re: Interlocal Agreement for
Storm Water Drainage Improvements
between Northwest I.S.D., the Town of
Trophy Club, and Municipal Utility
District No. 2
Dear Mr. West and Ms. Welsh:
Enclosed please find one (1) copy of the above referenced Agreement, executed by
the District on August 10, 1998.
Yours very truly,
dia L. Pe
Y riy
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL AGREEMENT
FOR STORM WATER DRAINAGE IMPROVEMENTS
WHEREAS, the Texas State legislature has authorized the use of interlocal
cooperative agreements between and among governmental entities; and
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WHEREAS, this Interlocal Agreement is made under the authority granted by and
pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791; and
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a general law
municipality duly organized and existing pursuant to the Constitution and the laws of the
State of Texas; and
WHEREAS, the Trophy Club Municipal Utility District No. 2 ("MUD2") is a
municipal utility district existing and operating under Article XVI, Section 59, of the
Texas Constitution, and the general laws of the State of Texas, *including Chapter 54 of
the Water Code; and
WHEREAS, Northwest Independent School District ("NISD") is an independent
school district duly organized and existing pursuant to the Constitution and the laws of
the State of Texas; and
WHEREAS, NISD owns property located within the Town and within the service
area of Municipal Utility District No. 2 ("MUD2") and upon which two NISD schools
Interlocal Agreement, page I
8/10/98
, have been constructed (the "Middle School Site" and the "Intermediate School Site",
collectively, the "School Sites"); and
WHEREAS, Town, MUD 2, and NISD desire to enter into an interlocal agreement
regarding storm water drainage improvements (collectively, the "Improvements") into,
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out of, and surrounding the School Sites; and
WHEREAS, both Town, MUD2, and NISD are individually authorized to perform
governmental functions and services, as those terms are defined in Texas Government
Code § 791.003, ), 'in the area of drainage improvements, and said parties will benefit from,
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and are mutually *interested in, the construction of storm water drainage improvements as
herein described;
NOW, THEREFORE, in consideration of the premises, mutual covenants, and
agreements contained in this Agreement, Town, MUD2, and NISD covenant and agree as
follows:
I.
DUTIES
The following services are governmental services, as that term is defined in
Government Code § 791.003, which each of the parties to this Agreement is authorized
individually to perform, and which the respective party or parties have agreed to perform
in exchange for the consideration listed in section 11 below:
A. Construction of Drainage Flume
8110/98
I . NISD shall cause a drainage flume or other similar device (the "Drainage Flume")
to be constructed as soon as possible after the execution of this Agreement, which shall
connect the two 112" by 75" aluminized steel pipe arches which have previously been
installed by NISD, to the storm water runoff from the City of Roanoke. The Drainage
I
Flume shall begin at the upstream end of the pipe arches and shall extend to NISD's west
property line, so that the storm water runoff from adjacent areas of the City of Roanoke
Will be transported through the drainage structure and drainage pipes to the headwall on
Parkview Drive. NISD shall construct the Drainage Flume with current revenues
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available to NISD.
B. Construction of Drainage Channel Improvements
Town accepts the responsibility and liability for all decisions regarding
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construction of improvements to the drainage channel ("Drainage Channel
Improvements"), which may include, but is not necessarily limited to, the widening of the
natural ditch in the area depicted on Exhibit "A" (the "Channel Area"), attached hereto
and incorporated herein for all purposes. in the event that Town determines that it is
necessary to construct Drainage Channel Improvements in the Channel Area, Town will
accept all responsibility for the construction of any and all necessary Drainage Channel
Improvements, or for causing MUD2 to construct such Drainage Improvements.
In constructing the Drainage Channel Improvements, Town and/or WD2 will be
responsible for overseeing the construction, including compliance with competitive
bidding laws and all other laws and regulations which govern the construction of public
Interlocal Agreement, page 3
8/10/98
works. Any portion of the Drainage Channel Improvements located above ground will be
owned and maintained by the Town and any portion of the Drainage Channel
Improvements located below ground will be owned and maintained by MUD2.
II.
COMPENSATION
The following consideration is being provided by the respective party or parties in
exchange for the services described above, and each party agrees that the following
constitutes fair compensation for the services performed and benefits derived under this
Agreement:
A. Provision of Funds for Drainage Channel
Immediately following execution of this Agreement, NISD shall deliver to Town a
check in the amount of $119,918.00 (the "Funds"), for Town's immediate deposit in an
interest bearing account, in the name of Town, for Town's use in the construction of
Drainage Channel Improvements, as defined in Section I above. Town's use of the Funds
shall be governed as follows:
1. At least thirty (30) days prior to the expenditure of any of the Funds, or
a shorter time if agreed upon by NISD, or in the event of an emergency,
Town shall submit a written report to the Board of Trustees of NISD
detailing the amount and purpose of the proposed expenditure, and shall
receive comments (but approval is not required) from NISD and its
engineer prior to beginning the work.
8/10/98
2. Within seven (7) days after completion of the Drainage Channel
Improvements, all remaining 'interest from the account and any
remaining principal of the Funds not used to construct the Drainage
Channel Improvements shall be returned to NISD. However, in the
event that the rerouting of Marshall Creek Road to the point that the
drainage channel 'intersects Marshall Creek Road occurs prior to the
time that contracts are awarded for the construction of the Drainage
Channel Improvements, all remaining interest and principal of the Funds
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shall immediately be returned to NISD at that time.
3. At the time described in section 2 above, Town will deliver, along with
the remaining *interest from the account and any remaining principal of
the Funds, a detailed accounting of the amounts and purposes for which
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the Funds were expended, if any.
The Funds deposited by NISD shall be from current revenues available to NISD.
B. Easement for Drainage Channel Impro'vements
On or before September 4, 1998, NISD shall cause Beck Properties, Inc. to
convey, to Town and/or NIUD2, at no expense to Town or MUD2, an easement of
sufficient size upon which the Drainage Channel Improvements, as defined i
0 n section I
above, may be constructed (the "Easement").
C. Reimbursement of Funds
Interlocal Agreement, page 5
8/10/98
Any funds received by the Town from the City of Roanoke toward the cost of the
Drainage Flume shall be paid to NISD as reimbursement for NISD's construction of the
Drainage Flume, except that such reimbursement shall not exceed $119,918.00.
However, the Town currently has no plan to take affirmative action to recover such funds
from the City of Roanoke.
D. Issuance of Certificates of Occupancy
Town will issue NISD a permanent certificate of occupancy for each of its School
Sites promptly upon the District's compliance with the Town's 1994 Uniform Building
Code and 1994 Fire Code requirements. Town will issue these certificates of occupancy
in a timely manner so as to allow the schools to open for classes in August, 1998,
provided that the above referenced code requirements are met. By execution of this
Agreement Town and MUD2 agree that NISD has satisfied all off-site drainage
requirements associated with the School Sites, as required by the Town and MUD2.
E. Release of Liability and Protection of NISD School Sites from Future Mows
Town and MUD2 agree that they will indemnify and release NISD from any all
claims associated with the Drainage Channel Improvements engineered and constructed
by Town and MUD2, arising from any source whatsoever, and all further responsibility
for or liability for drainage problems associated with the Drainage Channel Improvements
shall exclusively belong to Town and MUD2. In no event shall NISD be liable for more
than $119,918.00 paid as provided in section II(A) above.
8/10/98
Town and MUD2 will not permit any future inflows into the off-site drainage
structures associated with the School Sites, whether currently existing, or as constructed
as provided herein, without appropriate modifications being made to those structures so
as to eliminate any adverse impact to the School Sites.
MISCELLANEOUS PROVISIONS
A. Texas law shall govern this Agreement, and venue for any disputes arising
hereunder shall be in Denton County, Texas.
B. This Agreement may not be amended or altered in any manner except by a
written instrument, duly authorized and executed by both parties, that sets forth any such
amendment or alteration.
As evidenced by the signatures below, this Agreement is duly authorized by the
governing bodies of all parties to this Agreement, and shall be effective upon signing by
all parties:
NISD:
Northwest Independent School District
By:
Ronnie �Na
President, Board of Trustees
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Attest:
By:
Name: { -Th1 1 c
�s n
Title: Vice. Rt2�ide►ll 'FAM c( Testees
8/10/98
Town:
Town of Trophy Club, Texas
Date: '/' -/ �'7 `1
MUD
Trophy Club Municipal Utility District No. 2
By:
Jame Nomas
President Board of Directors
Date: 7- /- qr,
am"Im. •--mompffim-
Attest:
By:. AL-'
Name: DloZ,
City Secretary
I ma -
8/10/98
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