13 Resolution to amnd a memorandum of understanding with the City of Irving

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Ptesented By: Agenda Item No.: 11/13/08 Shawn Napier, P.E. City Engineer Council Date: Engineering /Director of Public Works 13. 11 /24/08 RECOMMENDED MOTION: Move to approve a resolution to amend a memorandum of understanding with the City of Irving to extend the exclusive negotiation period 12 months and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Intergovernmental cooperation; Water resource management BACKGROUND: The City of Paris entered into a memorandum of understanding with the City of Irving on January 14tn, 2008 to exclusively negotiate with the City of Irving for the possible sale of water from Pat Mayse Lake, in exchange for $40,000 and an additional $160,000 for reimbursement for research on the feasibility of selling water. This MOU expires December 31, 2008. Council appointed the Lake Pat Mayse Study Committee to determine if there is enough water to sale their first meeting was March 27. The committee has used HDR Consulting Engineers, water attorney Jim Mathews, and rate consultant Darrell Cline to assist in technical areas. The Committee is not expected to have a final report and recommendation ready until sometime around March/April 2009 and has discussed extending the MOU for six months. Because of the lead time required to get an item on the ballot for citizens to vote on (if the Committee even determines that there is water available for sale and the Council wants to consider a sale to Irving or someone else), there would not be enough time to have a water sale proposition on the May ballot and as a result the next election date would be in November. Consequently, staff recommends extending the MOU 12 months. If the MOU is not extended at all, the balance of the unexpended $160,000 from Irving would no longer be available to complete the Committees work and the City would have to pay for the remaining work out of reserves. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Memorandum of Understanding with the City of Irving ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ 0.00 ❑ Department Report Z Resolution Budgeted Amt. $ 160,000.00 ❑ Presentation ❑ Ordinance y'I'D Actual $ 118,978.70 ❑ Public Hearing ❑ Other Acct. Name Consultants - Pat Mayse Acct. Number 10-0319-81-00 FISCAL NOTES: If the MOU is not extended at all, the balance of the unexpended $160,000 from Irving would no longer be available to complete the Committees work and the City would have to pay for the remaining work out of reserves. REVIEWED AND APPROVED BY: Z Administrarion Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Urilities City of Paris - «p «036- Revised 2/04/08