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HomeMy WebLinkAboutContract 23201 i r CITY SECRETARY , CONTRACT NO. An Interlocal Agreement Between the Cities of Northlake and Fort North Regarding Provision of Municipal Services; Acknowledging the Extra- Territorial Boundary Adjustment; the 'Wholesale Water Contract Between the Two Cities; the Utilization of Certain Sanitary Sewer Mains Owned By the City of Fort Worth; and a Potential Revenue Sharing Formula Involving Certain Proportics Adjacent to the Texas Motor Speedway Facility to Lessen Any Finanoial Impact on Northlake as a Result of Events Held at the Speedway Facility. Whereas: Section 791 of the Texas Local Government m ent Code allows goverental entities to enter into interlocal agreements; and Whereas, representatives from the Town of Northlake.(a General Law City) and the City of Fort Worth, through discussions and negotiations have reached agreement(s) which once approved will provide for a more efficient, safe and orderly provision of municipal services in and around the Texas Motor Speedway coniPlex; and Whereas, it is the desire of the respective governing bodies to enter into this agreement. The terms of the agreement are as follows; 1, 1111iform Wholesale Water Co .ract Upon the execution of this agreement, it is agreed that a Uniform Wholesale Water Contract between the City of Fort Worth and the Town of Northlake will be submitted to the respective City Councils for concurring approval. This contract contains no Rpecial terms or provisions which are unique to this agreement. �1 Sg'itL y Sewer Service Upon the execution of this agreement, the City of Fort Worth will eater into an agreement to permit the use of Fort Worth owned sanitary sewer mains for the transportation of waste water from certain portions of the Town of Nortblake generally in an area identified can Exhibit "A" of this Contract. Any service provided by the Town of Northlake under this agreement is restricted to areas properly and legally annexed into or CK ECORD currently within the corporate bruits of the Town of Northlake. The u G� agreement shall be based on a transmission rate to be dctermizied by the C—�7V WGREVARY Trinity River Authority(TRA) and shall be based on reasonable: Fna wvu� IN u d tramportation cost determined and collected under the sturidard TR.A procedure for non-member treatment charges. Such revenues slant{ be credited to cost duo froth the City of Fort Worth to the TRA Denton { Creels plant contract. Nothing in this agreement shall obligate the City of Fort Worth, to accept any other flow, provide any expansion or extemion of its facilities as they currently exist. The Town of Northlake aclmowlcdgcs that this agreement is subject to final approval by the TRA and that the City of Fort Worth can not guarantee, that an acceptable contract can be negotiated with TRA. The City of Fort Worth further assumes no maintenance or legal responsibility for any connection from Nortltlake to the Fort Worth system and further that Fort Worth has the absolute authority to approve the final engineering plans for all interconnection to the Fort Worth system. 3. Extra-Territorial oundary Adjustment Upon execution of this agreement, the appropriate resolutions will be presented to the respective City Councils for concurrent approval 'which will affect certain agreed-to adjustments in the Extra-Territorial Jurisdiction (ETJ) boundaries between Fort Worth and NoilEake. It is further understood. that certain areas includtd W these ETJ boundary agreements may be in areas claimed by other entities and that neither party can absolutely guarantee that there may not be one or more future challenges. Each city agrees that in the event of a challenge to these agreed-to boundaries by any third party, the defense of these challenges shall he the sole responsibility of the entity which is the recipient of the disputed area. 4. d al ServiceG-Reveriue S_hAdUg In order to provide for increased expenses incurred by the Town of Northlake as a result of the construction, activities and operation of the Texas Motor Speedway facility, in the . provision of municipal governmental services, Fort Worth agrtes to provide certain revenue on a 50-50 basis, if ny, derived solely from the area outside the ring road ('Victory Circle) adjacent to I-35 identified in the ETJ Exhibit "E". Revenues, if any, to be shared shall be limited to increased ad valorem taxes (excluding the portion of the Annual Fort Worth rate necessary for General Obligation Debt Service), general sales tax (excluding any special levy such as the Transportadori Authority, Crime Control District or futare similar special levy), New Hotel t�ccup�ncy Taxes, (HOT revenues must be utilized in Strict compiiaxice with state law regarding eligible uses of such revenue) which result from devclopmeat ill this defined area, Revenues, if any, not subject to this provision include, itt addition to utility, building PerMir, franchise, above referet►ced exclus ions. other future fees which lotting and xonirig impact and any licensing, p tray be levied by the.Fart Worth City Council applicable citywide, The City of part Worth further reserve he tabu h d ilCityi Council into incentive agreements (OAsistent policy) for economic developme be limited projects ited to Tax area. batement contracts, may inchide but not necessarily and benefits occurring under various provision Section 380 Agreement. hr�wever, that any such of the then applicable state law, provided; of ft Town Of ' Cetttive agreement may not, without the concurfren Venues under ttx s Northlake, reduce or abate Northlake,s share incentive agxeeri1ent Section 4 related to the property subject to such below that amount wlvch would be realizeerlQCaloA$ ementis valorem ig d tape rate in effect for the year that tl-ds Int (.294 per sharing provision as provided in this Section 4 The revenue shah b a based solely on the levy and collection of the appropriate taxes. condition of the revenue sharing agreement ns corporate orate limi s In ludi.U9, agrees to provide navxucipal services withtn i ad'aCent to the speedway facility in axi equitable manescnsarantee all areas of Northlake. The City Of Fort Worth make t10 of any reVenlles under the teams of this agreeinent. Neither City agrees to provide to the other any direct gover h does d serviced as a condition of this agreement. However. Fort Worth does a ree.to include Nortblal�e in its' traffic and events trrauagezucnt plan for g rn.1jor scheduled activities at the speedway. emnif catio Severability acl� arty Skull agee to defend their respective interests the event of E I? a thud party to any portion lawsuit or challenge by that if any section ox portion of tills agreement is deemed it is agreed rUVi5iogS invalid by a court of competent jurisdiction that the remaining p shall be in full force and effect, if in the event this agreernt mt in any way adversely impacts the Motor Speedway by the FW Spdrts Authority or owricrship of the Texas M p raved operational dacunzenGS between negatively impacts the existing approved E . ved o erationai doewIlents betwcen negativelyr,pacts the existing appro p operation, !he the PW Sports Authority, the City of port Worth and the op existing agTeements shall prevail. if existing or future litigation when fin'a11Y adjudicated, adversely impacts the ownership of the 'T'exas Motor Speedway or negatively PP jrnpacts the roved operational agreements between the pW ex�stiri,g a Sports Authority, the City Of Fort Worth and tilt operator, the City of Fart Worth reserves the right to renegotiate this agreerueqt and upon f tao ta le agreement, may terminate any P ortion reach hisagreernerl not ddrussed by a separate contract or resolution. It is agreed that the venue for any litigation or challenge to this agreement shall be Tarrant County, Texas. p,, rov d by a vote o V fear. and _ _ against by the Northlalre City COUncil this PINY y 1997. the Lay of Mayor,, Attest ApprP eci as to ,or CITY O OR ORTH -- �Acity manager* AAttes ap7TOVeC as to Orilll" 47 '"�.�y Contract A thor nation Date WALTER W. LEONARD ATTORNEY AT LAW ONE SUMMIT AVENUE 817-335-6538 SUITE 1010 FAX 817-335.0932 FORT WORTH,TEXAS 76102 DIRECT DALLAS LINE 972-445.6430 September 12, 1997 VIA HAND DELIVERY Mr. David_ Yett, Esquire Assistant `City Attorney City of. Fort Worth 1000 Throckmorton Street 3rd. Floor Fort Worth, Texas 76102 Re: Northlake/Fort -Worth Development Agreements - End of a long road Dear David: Hoorah! Please find enclosed the 2 copies of the various items which we have created to memorialize the various agreements -�betweeh Northlake and Fort Worth about water, extraterritorial jurisdiption, 'etcetera. The Northlake Council passed and approved alb of these items as of September 11, 1997, and do hereby forward them on , to the City of Fort Worth for ratification by the Fort Worth City Council , Mike designated you as the recipient of these, so 'here they are. If you need anything, or have any questions, do not hesitate to give me a buzz and I will be glad to furnish any additional documents or see if I can find anything that you don't have. ' Best wisheex WALTER W. LEONARD WWL\gm cc: Mr. Michael Groomer, Esquire (Via Fax No. AC817/871-6134) Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort. Worth, Texas 76102 cc: ' Mr. Michael Savoie, Ph.D. (Via Fax No, AC940/648-3290) Mayor, Town of Northlake Pe 0. Box 729 Justin., Texas 76247 List of Enclosures: One Photocopy & Executed Original Interlocal Agreement; Joint Resolution And Agreement; Memorandum Of Agreement; Contract For Water Service Between The City Of Fort Worth, Texas, And Town Of Northlake, Texas. Two Photocopies City of Fort Worth Assistant Manager' s Letter Of August 19, 1997 to Mayor Savoie, Town of Northlake City -'Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/02/97 C-16343 12NORTH 1 of 2 SUBJECT AUTHORIZE`.INTERL'O.CAL AGREEMENT WITH TOWN OF NORTHLAKE REGARDING PROVISION OF MUNICIPAL SERVICES; ADOPT JOINT RESOLUTION AND AGREEMENT ADJUSTING EXTRATERRITORIAL JURISDICTION BOUNDARY LINES... BETWEEN FORT WORTH AND NORTHLAKE; AND AUTHORIZE CONTRACT FOR WATER SERVICE BETWEEN FORT WORTH AND NORTHLAKE RECOMMENDATION: It is recommended that the City Council: 1 . Authorize°the City Manager to execute the attached Interlocal Agreement with the Town of Northlake; and 2. Adopt the attached Joint Resolution and Agreement adjusting extraterritorial jurisditional boundary.lines between Fort Worth and Northlake; and. 3. Authorize the City Manager to execute the attached contract for wholesale water service between Fort Worth and Northlake. Y:: DISCUSSION: The attached agreements and resolution are the product of discussions and negotiations with:. representatives of the Town of Northlake and are designed to provide for more efficient, safe:and_,: orderly provision qt-municipal_.services in and around the Texas Motor Speedway complex:'. -Northlake's Town Council approved the attached agreements and resolution on September',1'1,.. 1997, and they have been duly executed by the Mayor of Northlake. The Interlocal.Agreement serves as the master agreement between the two cities. It provides for the execution of a uniform wholesale water contract under which Fort Worth will provide treated water service. A memorandum of agreement will be executed between the cities which clarifies, but does not change, the standard wholesale water contract and states that it is the current. intent that Northlake will have 3 points of delivery from the Fort Worth system; the placement of which will be subject to normal engineering,considerations. The Interlocal. Agreement further provides that Fort Worth will enter into an agreement allowing the use of certain Fort Worth mains for sanitary sewer,service, the transmission rate to be charged based on the agreements between Fort Worth and the Trinity River Authority, subject ' to certain conditions. The Interlocal Agreement further provides for adjustment of the extraterritorial jurisdiction (ETJ) boundaries between the two cities. Printed on Recycled Paper City of Fort ort :Texas ­�yAyor-and Council Co mmunication DATE REFERENCE NUMBER .7G NAME PAG$ 10/02/97 C-16343 12NORTH 2 of 2 SUBJECT AUTHORIZE INTERLOCAL AGREEMENT WITH &REGARDING PROVISION OF MUNICIPAL SERVICES; ADOPT JOINT RESOLUTION AND AGREEMENT ADJUSTING EXTRATERRITORIAL JURISDICTION BOUNDARY LINES BETWEEN FORT WORTH AND NORTHLAKE; AND AUTHORIZE CONTRACT FOR WATER SERVICE BETWEEN FORT WORTH AND NORTHLAKE . The Interlocal Agreement also provides for a revenue sharing arrangement to facilitate the' provision of municipal services in the area. In order to provide for.increased expenses incurred by Northlake as a result of the construction and operation of the :Texas Motor Speedway, Fort. Worth would share on a 50-50 basis, certain revenues, .as'defined by and under the conditions stated in.the Interlocal Agreement, derived solely from.the area outside the Speedway.ring road* .....,,".. Asa condition of-this.revenue sharing provision, Northlake agrees to provide municipal.'services; } , 1 within its corporate limits in*an equitable manner consistent'within all areas of Northlake. Fort ' Worth makes no:guarantee of any 'revenues under the terms-of the,.lnterlocal Agreement. FISCAL INFORMATION/CERTIFICATION: The Water and.Sewer and.Fiscal Services Departments Will be;responsible for.the collection, deposit and.recording of revenues under this agreement. tJ CB:f t z i r w i>r ""t rit+ �itn i s . d Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: ' (to) Mike Groomer 6140• I COUNCIL. • Originating Department Head: !/ OCT 2 199' Mike Groomer 6140 (from) For Additional Information of ft Contact: City i of Foot Wdz% S Mike Groomer 6140 Printed on Reryded Paper Afttedi No.