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HomeMy WebLinkAboutResolution No. 2013-044 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013- 0 4 A RESOLUTION OF THE CITY OF THE COLONY, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY CONCERNING BRIDGES CEMETERY LOCATED WITHIN THE CITY OF THE COLONY, DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and i WHEREAS, the City Council has determined that it would be in the best interest of citizens of The Colony to enter into the Interlocal Cooperation Agreement with Denton County concerning Bridges Cemetery located in the City of The Colony, Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor of the City of The Colony, Texas is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County concerning Bridges Cemetery located within the City of The Colony, Denton County. Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 20th day of August, 2013. 4c~--~d e McCo ay, Mayor City of The Colony, Te s .gyp ATf EST. O I JA 46 Christie Wilson, TRMC, City Secretary TEXps. APPROVED AS TO FORM: Jeff Moore, Chy Attorney THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT CONCERNING BRIDGES CEMETERY, LOCATED WITHIN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS This hnterlocal Agreement (hereinafter referred to as the "Agreement") is entered into pursuant to the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, by and between the City of The Colony, a Texas home-rule municipality (hereinafter referred to as the "City"), and the County of Denton, Texas, a political subdivision of the State of Texas (hereinafter referred to as the "County"), for the purposes of the maintenance and improvements made to the Bridges Cemetery (hereinafter referred to as the `Bridges Cemetery"), located within the City of The Colony, Denton County, Texas. WHEREAS, the Interlocal Cooperation Act authorizes local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically section 791.011 regarding contracts to perform governinental functions and services; and WHEREAS, on February 8, 1889, the Bridges Cemetery was conveyed by deed (hereinafter referred to as the "Deed") which in relevant part states the following: That We F.M. Bridges and wife Sallie Bridges of the County of Denton and State aforesaid, in consideration of the sum of One Dollars, to me in hand paid by F.M. Davidson County Judge of Denton as trustee of a Burial ground for the Benefit of the heirs of W.A. Bridges Deceased and their friends and public and his successor in office of the County of Denton and State of Texas the receipt of which is hereby acknowledged, have granted, bargained, sold, conveyed, and released, and by these presents to grant, bargain, sell, convey and release unto the said F.M. Davidson County Judge of Denton and successor in Office heirs and assigns, the following described property, to-wit:...; and WHEREAS, Section 713.028(a) of the Texas Health and Safety Code provides that "[fJor purposes of historical preservation or public health, safety, or welfare, a commissioners court may use public funds, county employees, county innate labor as provided by Article 43. 10, Code of Criminal Procedure, and county equipment to maintain a cemetery that has a grave marker more than 50 years old;" and WHEREAS, Section 713.011(a) of the Texas Health and Safety Code provides that "[a] municipality that operates or has jurisdiction over a public cemetery shall maintain the cemetery in a condition that does not endanger the public health, safety, comfort, or welfare;" and WHEREAS, Section 713.011(b) of the Texas Health and Safety Code provides that [a] municipality's responsibility to maintain a cemetery under this section includes: (1) repairing and maintaining any fences, walls, buildings, roads, or other improvements; (2) leveling or straightening markers or memorials; (3) properly maintaining lawns, shrubbery, and other plants; (4) removing debris, including dead flowers and deteriorated plastic ornaments; and (5) promptly restoring gravesites following an interment; and WHEREAS, the County desires the participation of the City in certain improvements and maintenance of the Bridges Cemetery, located within the city of The Colony, Denton County, Texas (hereinafter referred to as the "Project"); and WHEREAS, the City desires to assist the County with the construction of certain improvements and maintenance of the Bridges Cemetery. NOW, THEREFORE, City and County, for the mutual consideration hereinafter stated, agree and understand as follows: SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration, and promises that bind the parties. SECTION 2. TERM. This Agreement shall be effective as of the Effective Date, and shall continue thereafter for a period of one (1) year, unless sooner terminated as provided herein. This Agreement shall automatically renew for successive one-year terms, unless terminated as provided herein. SECTION 3. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. (a) Agreement. The word "Agreement" means this Interlocal Cooperation Agreement, authorized by Chapter 791 of the Texas Govermnent Code, as amended, together with all exhibits and schedules attached to this Interlocal Cooperation Agreement from time to time, if any. (b) Bridges Cemetery. The words "Bridges Cemetery" means the real property located at 6421 Morning Star Drive, City of The Colony, Denton County, Texas, and further Page 2 of 7 Interlocal Agreement City of A e Colon-, Texas - Denton County Bridges Cemetery 8/2/2013 3.04.47 PM described as the cemetery conveyed by the Deed from F.M. Bridges and wife Sallie Bridges to F.M. Davidson, Denton County Judge, and his heirs, successors, and assigns in office. (c) City. The word "City" means the City of The Colony, Denton County, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 6800 Main Street, The Colony, Texas 75056. (d) County. The word "County" means Denton County, Texas, a Texas political subdivision, whose address for the purposes of this Agreement is 110 W. Hickory, Denton, Texas 76201. (e) Effective Date. The words "Effective Date" mean the date of the latter to execute this Agreement by and between the County and the City. (f) Project. The word "Project" means the removal of the chain link fencing around Bridges Cemetery and the construction and installation of matching wrought iron fencing with appropriate controlled-access gate around Bridges Cemetery. The wrought iron fencing shall match, to the extent commercially possible, the wrought iron fencing currently existing on one (1) side of Bridges Cemetery. (g) Term. The word "Term" means the term of this Agreement as specified in Section 2 of this Agreement. SECTION 4. PROJECT. (a) The Project shall consist of the removal of the existing chain link fencing, and the design and construction of matching wrought iron fencing around Bridges Cemetery, located within the City of The Colony, Denton County, Texas. All Project improvements shall be designed to meet or exceed the current County design standards and shall be constructed in accordance with the plans and specifications approved by the City and County. The City shall comply with any state law requirements regarding the advertising, bidding, and awarding of a contract to construct the Project. (b) Pursuant to Section 791.003 of the Texas Government Code, as amended, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of public health and welfare, and other governmental functions in which the contracting parties are mutually interested are to be performed. The parties hereto further agree that each of them is authorized to perform the above described functions and services individually. (c) As evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement, approves of the expenditure of City money to participate in or to fund the Project. The City agrees to pay a cost not to exceed Forty Thousand and No/100 Dollars ($40,000.00) towards the actual design and Page 3 of 7 Interlocal Agreement City of The Colony, Texas - Denton Counly Bridges Cemetery 811212013 3:04:47 PM construction costs for the Project, as its share of the costs in connection with the construction of the Project (hereinafter referred to as the "City's Share"). The City shall make a lump sum payment of the City's Share into a City-established line item account to be used towards the Project within sixty (60) days of the Effective Date of this Agreement. Any remaining funds upon completion of the Project may be used or deposited into a City account to be used for any general municipal purpose. (d) Notwithstanding anything contained in this Agreement to the contrary, all the financial obligations of the City pursuant to this Agreement are subject to appropriations for each budget year during the Term of this Agreement. In the event no funds or insufficient fiends are appropriated or budgeted for the intended use under this Agreement, then the City will immediately notify the County of such occurrence, and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received, except as to the portions of payments herein agreed upon for which funds shall have been so appropriated and budgeted. (e) The City will maintain the grounds of the Bridges Cemetery including mowing and hedge trimming, during the Term of this Agreement. SECTION 5. MISCELLANEOUS PROVISIONS. (a) Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the State District Courts of Denton County, Texas. (b) Assignment. This Agreement may not be assigned without the express written consent of the other party. (c) Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. (d) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. (e) Entire Agreement. This Agreement represents the entire agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both the City of The Colony, Texas, and Denton County or those authorized to sign on behalf of those governing bodies. (f) Immunity and Defenses. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the Page 4 of 7 Interloeal Agreement Cite of The Colon}, Texas - Denton County Bridges Cemetery 8'12'2013 3: 04:47 PA4 exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. (g) No Third Party Beneficiary. This Agreement is not intended to effect or create any additional rights or obligations on the part of third parties who are not a signatory to this Agreement. (h) Severability Clause. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. (i) Successors and Assigns. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the Parties will assign nor transfer an interest in this Agreement without the written consent of the other party. 0) Termination; Notice. This Agreement may be terminated in whole or in part by the County or City upon thirty (30) days' written notice to the other party; provided, however that no such termination may be affected unless the defaulting party is given written notice delivered by certified mail, return receipt requested, of intent to terminate this Agreement. Notice shall be directed as follows: For City: Hon. Joe McCourry City of The Colony Mayor 6800 Main Street The Colony, Texas 75056 Copy to: Jeff Moore Brown and Hofineister, L.L.P. 740 E. Campbell Road, Suite 800 Richardson, Texas 75081 For County: Hon. Mary Horn Denton County Judge 110 East Hickory Street Denton, Texas 76201 Copy to: District Attorney's Office/Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 (k) Time is of the Essence. Time is of the essence in the performance of this Agreement. Page 5 of 7 Inferlocal Agreement City of The Colony, Texas - Denton County Bridges Cemetery 8,122013 3.04:47 PM [The Remainder of this Page Intentionally Left Blank] Page 6 of 7 Interlocal Agreement City of The Colony, Texas - Denton County Bridges Cemetery- 811212013 3:04:47 PM APPROVED by the City Council of the City of The Colony, Texas, in its meeting held on the A~, day of ; ~>r_ , 2013, and executed by its authorized representative. CITY OF THE COLONY, TEXAS a Texas Home-Rule Municipality By: Joe McCo iy, Mayor ATTES : 4zf k) CLChristie Wilson, City Secretary APPROVED by the County of Denton, Texas, in its meeting held on the Tday of 2013, and executed by its authorized representative. COUNTY OF DENTON, TEXAS f. t By: Mary Horn, r1lllenton County Judge A I`TEST: F" Cynthia Mitche / inty Cl rk Page 7 of 7 Interlocal Agreement City of The Colony. Texas - Denton County Bridges Cemetery 8,12/2 013 3.04.47 PM