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HomeMy WebLinkAboutResolution No. 2013-060CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013 - — A RESOLUTION OF THE CITY OF THE COLONY, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND LITTLE ELM INDEPENDENT SCHOOL DISTRICT FOR JOINT USE OF PROPERTY, CONSTRUCTION OF FACILITIES AND USE THEREOF; 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 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 Little Elm Independent School District for joint use of property, construction of facilities and use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the city manager of the City of The Colony, Texas is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Little Elm Independent School District for joint use of property, construction of facilities and use thereof. 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 19th day of November, 2013. Jpe McCoy fry, Mayor City o e Colony, T �'�. �f Al p SES Christie Wilson, TRMC, City Secretary .• • 7'E X PS� THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR JOINT USE OF PROPERTY, CONSTRUCTION OF FACILITIES, AND USE THEREOF jq,,— THIS INT RLOCAL ,COOPERATION AGREEMENT is made and entered into on this day of2013, by and between the CITY OF THE COLONY, TEXAS ("CITY'), acting by and through its Mayor or designee, and the LITTLE ELM INDEPENDENT SCHOOL DISTRICT ("LEISD"), acting by and through its Board of Trustees, President or designee. WITNESSETH: WHEREAS, the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities; and WHEREAS, this Interlocal Cooperation Agreement ("Agreement") is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the authorization by CITY and LEISD to use properties within the City of The Colony jointly for the purpose of providing recreational, cultural, informational, and athletic opportunities for all residents of the City of The Colony; and WHEREAS, CITY and LEISD find that the performance of this Agreement is in the common public interest of both parties, and that the services provided by each party compensates for the use of the facilities and property identified in Exhibit "A" ("LEISD Facility") and Exhibit "B" ("CITY Facility"), copies of which are attached hereto and incorporated herein for all purposes; and WHEREAS, CITY and LEISD, in expending funds in the performance of the governmental functions or in performing such governmental functions under this Agreement, shall make payments therefor only from current revenues legally available to such party; and WHEREAS, CITY and LEISD agree that the LEISD Facility and CITY Facility shall be used for the purpose of providing recreational and athletic opportunities for the citizens of C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 1 of 13 The Colony, for joint use by CITY and LEISD, with CITY and LEISD having equal use as set out herein. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: I. AGREEMENT A. This Agreement shall supersede all previous agreements between LEISD and the CITY. The Agreement will be reviewed annually. B. CITY and LEISD agree, under the terms and conditions provided herein, to permit for joint use of the LEISD Facility and CITY Facility for recreational, cultural, informational, and athletic activities for the mutual benefit of the parties. C. Notwithstanding anything herein to the contrary, a material part of the consideration to CITY and LEISD for entering into this Agreement is the commitment by LEISD and CITY to allow each party to utilize the facilities within the City of the Colony of the other party for youth and adult recreational, cultural and athletic activities. D. There shall be no additional costs to CITY or LEISD. CITY and LEISD will be responsible for all costs for electric utilities associated with the subject facilities covered by this Agreement for recreational and athletic activities, in accordance with the terms of this Agreement, except as may be otherwise provided herein. Also, CITY and LEISD shall be responsible for maintaining the facilities under their respective custody and control and keep such facilities free of litter, trash, overgrowth, or any other natural or manmade conditions which would diminish the quality of property or impair its public purpose. E. CITY and LEISD mutually agree to waive all cost recovery fees in the interest of providing the highest and best service with the least possible expenditure of public funds for the citizens of The Colony. This shall include, but not be limited to, administrative charges, rental fees, installation costs, meter costs, on-site supervision fees, janitorial maintenance fees, HVAC charges, utility charges, building inspection fees, fire prevention fees, capital recovery fees, planning and zoning fees, subdivision fees, reservation fees, and health and code enforcement fees for the LEISD Facility and City Facility. LEISD will be responsible for paying to the CITY all. monthly utility fees, including water, sewer, and storm water, for LEISD Facility. C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 2 of 13 II. CITY USE OF LEISD FACILITY A. LEISD will make available to CITY for community recreational and athletic activities the LEISD Facility located within the City of the Colony which is suitable for community recreational and athletic activities; these areas and facility are to be selected by the City Manager or his/her designee subject to approval of the Superintendent of LEISD, or his/her designee, as appropriate. B. CITY may utilize the gymnasiums and outdoor areas of the LEISD Facility located within the City of the Colony provided that the use does not interfere with the normal operational use of facility for school purposes or which would otherwise interfere with their lawful public purpose. In the event of any scheduling conflict with LEISD, LEISD has, at any time, priority use of the LEISD Facility C. CITY shall provide in writing to the campus principal a proposed usage schedule which shall include the name of the organization requesting the use and the time(s) of the requested use. Scheduled usage of the LEISD Facility shall be limited to CITY - sponsored organizations or groups. The organization using the LEISD Facility within the City of the Colony shall be responsible for providing adequate supervision of the activity or activities taking place on the property. Organizations using the LEISD Facility pursuant to the terms of this Agreement shall comply with all State, federal, and local laws. D. During periods of unscheduled LEISD and CITY use, the outdoor LEISD Facility will be available for the general public to use. E. During times of scheduled usage, CITY shall be responsible for keeping the premises in a clean condition free of accumulation of dirt, rubbish, and obstructions that may prohibit or impede the use of the facilities for their intended purpose. Under no circumstances shall this Agreement be construed to include school playground equipment or areas including such equipment as part of LEISD Facility. LEISD and CITY will alternately fund periodic replacement of nets, wind screens and other equipment as needed. F. CITY shall take the premises on an as -is condition on the date of execution of this Agreement. G. LEISD shall have the sole duty improvements owned by LEISD structural improvements. and responsibility for repair of any permanent such as fencing, net posts, or other permanent H. CITY shall be permitted to make, at its own expense, alterations and additions to the LEISD Facility consistent with the programs offered by it upon prior written consent of the LEISD Board of Trustees, shall bear the cost of maintenance of such improvements and is subject to the provisions of Section II.E. CITY shall remove any improvements or alterations upon termination of this Agreement if requested in writing by LEISD. Upon termination, CITY, at its sole expense, shall bear the cost of removal of any alterations or improvements to LEISD property which is C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 3 of 13 owned by CITY. Any addition or improvement to the LEISD Facility not removed shall, upon termination of this Agreement and after a reasonable time to remove said improvements or alterations, belong to and become the property of LEISD without cost to LEISD or at the sole option of LEISD, shall be removed by LEISD and CITY shall promptly reimburse LEISD for the cost of such removal. Nothing shall be removed which may affect the structural integrity of any building or structure. III. LEISD USE OF CITY FACILITY A. CITY will make available to LEISD for school events, activities, or programs the CITY Facility which is suitable for school events, activities, or programs; the CITY Facility is to be selected by the Superintendent, or his/her designee, subject to approval of the City Manager of the City of The Colony or his/her designee. B. LEISD may utilize indoor or outdoor CITY Facility (see Exhibit B) provided that the use does not interfere with the normal operational use of facilities or which would otherwise interfere with their lawful public purpose. In the event of any scheduling conflict with CITY, CITY has, at any time, priority use of CITY Facility. C. LEISD shall provide a proposed written schedule to CITY's Park and Recreation Office which shall include the name of the organization requesting the activity planned at the CITY Facility and the time(s) of the requested use. Scheduled usage of the CITY Facility shall be limited to LEISD-sponsored organizations or groups. The organization using the CITY Facility shall be responsible for providing adequate supervision of the activity or activities taking place on the property. Organizations using the CITY Facility shall comply with all state, federal and local laws. D. During periods of unscheduled CITY and LEISD use, the outdoor facilities will be available for the use of the general public. E. During times of scheduled usage, LEISD shall be responsible for keeping the premises in a clean condition free of accumulation of dirt, rubbish, and obstructions that may prohibit or impede the use of the CITY Facility for their intended purpose. CITY and LEISD will alternately fund periodic replacement of nets and wind screens as needed. F. LEISD shall take the premises on an as -is condition on the date of execution of this Agreement. G. CITY shall have the sole duty and responsibility for repair of any permanent improvements owned by CITY such as fencing, or other permanent structural improvements on the CITY Facility. H. LEISD shall be permitted to make, at its own expense, alterations and additions to any of the premises listed on Exhibit "B" consistent with the programs offered by it upon prior written consent of CITY, and shall bear the cost of maintenance of such improvements and are subject to the provisions of Section III.E. C:\Users\rmiller. LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 4 of 13 LEISD shall remove any improvements or alterations upon termination of this Agreement if requested in writing by CITY. Upon termination LEISD, at its sole expense, shall bear the cost of removal of any alterations or improvements to CITY Facility owned by LEISD. Any addition or improvement to CITY Facility if not removed shall, upon termination of this Agreement, belong to and become the property of CITY without cost to CITY or at the sole option of CITY, shall be removed by CITY and LEISD shall promptly reimburse CITY for the cost of such removal. Nothing shall be removed which may affect the structural integrity of any building or structure. IV. GENERAL REQUIREMENTS APPLICABLE TO LEISD AND CITY The following subparagraphs shall apply to CITY's use of LEISD's Facility or LEISD's use of CITY's Facility: A. (1) IMMUNITY: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Texas Civil Practice and Remedies Code § 101.001, et sec. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor LEISD waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. (2) INSURANCE: During the term of this Agreement, and any extensions thereof, CITY / LEISD agrees to obtain and maintain, at its sole expense, general liability insurance naming LEISD / CITY as an additional insured to protect against potential claims arising out of CITY's / LEISD's use of the property and facilities designated on the Exhibits attached hereto. CITY shall furnish LEISD and LEISD shall furnish to CITY certificates of insurance in accordance with this Paragraph within sixty (60) days from the date of execution of this Agreement. Nothing contained herein shall be construed to grant any third party rights or waive the governmental and/or public purpose of the operation or use of any of LEISD Facility or CITY Facility. LEISD / CITY may have insurance for liability, if permitted by state law. B. THIRD PARTIES: This Agreement does not create any third -party beneficiaries. Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to create, expand or form a basis for liability to any third party under any theory of law against either CITY or LEISD unless such a basis exists independent of this Agreement under state or federal law. C. NOTICE: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the appropriate one of the following addresses as may be designated by the appropriate party; however, each party C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jim rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 5 of 13 has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to LEISD: a 64t�,4 , Superintendent LI TLE ELM Independent School District 1900 Walker Lane, PO Box 6000 Little Elm, TX 75068 If to CITY: Troy C. Powell, City Manager City of The Colony 6800 Main Street The Colony, TX 75056 D. MANAGEMENT AUTHORITY: During the term of this Agreement, and any extensions thereof, CITY agrees to provide adequate police and fire protection and other necessary emergency services for the subject facilities at all times, and shall especially guard the property from abuse through vandalism or wanton destruction. CITY and LEISD agree that during the exercise of rights under this Agreement, occupancy shall be exclusive to the parties. Each party shall have the right to remove and/or control occupancy of each other's premises as to third parties or the general public. CITY shall perform and exercise all rights, duties and functions and services in compliance with all applicable Federal, State and local laws and regulations. CITY in joint cooperation with LEISD may establish necessary rules and regulations as may be required to ensure the safe and orderly operation of recreational programs and the subject facilities, provided that any such rules and regulations do not conflict with CITY or LEISD policy or state and federal law. E. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of the subject facilities and property. It is expressly understood and agreed that in the execution of this contract, neither CITY nor LEISD waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. F. TERM: The term of this Agreement shall be for a period of two (2) years commencing on the date first written above, and shall thereafter be automatically renewed from year to year unless terminated sooner by either party in accordance with the terms herein. G. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jim rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 6 of 13 H. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. AUTHORITY: The undersigned officers and/or agents are authorized to execute this contract on behalf of the partied hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. J. CITY / LEISD shall promptly report to LEISD / CITY any defects or dangerous conditions it discovers on or concerning LEISD / CITY property, and shall cease any such use until such defect or condition is repaired or cured, provided LEISD / CITY shall have not have an obligation to repair or cure any such defect of condition. V. TERMINATION A. Any party may terminate this Agreement with or without cause, by giving written notice one (1) year prior to the date of termination, to the other party. This Agreement may be terminated in whole or in part and will apply only to the properties so identified in the notice of termination. Upon termination, all permanent improvements and personal property shall remain the property of the party originally constructing or otherwise paying for the same unless such property is not removed by the date of termination. Removal of personal property or improvements shall be subject to Section II (1) and III (1) herein. B. In the event the Board of Trustees of LEISD determines during the term of this Agreement that it is in the best interest of LEISD to sell or construct improvements upon all or any part of LEISD's property designated on Exhibit "A", the terms of this Agreement shall terminate as to the particular property(ies) so stated on LEISD's written notice to CITY of LEISD's intent to sell/construct improvements on the property. The effective date of termination of the Agreement as to the property(ies) stated on the notice shall be the date six (6) months from the date of LEISD's written notice to CITY. VI. REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 7 of 13 VII. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; any venue for any action shall be in State District Court of Denton County. VIII. SUCCESSORS AND ASSIGNS This Agreement is binding on and inures to the benefit of the successors, executors, administrators and assigns of the parties to this Agreement and affects the use of land and shall run with the land. Neither CITY nor LEISD shall assign, sublet, subcontract or transfer agreement without the written consent of the other party. No assignment delegation or duties or subcontract under this contract shall be effective without the prior written consent of the other party. IX. RECITALS AND ATTACHMENTS The recitals and attachments to this Agreement are incorporated herein for all purposes as if set out herein verbatim. X. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED between the parties on the date first written above. WITNESS: By: AtiI,C l 04AI SecretarifQ Board of Trustees APPROV AS TO FORM: By: Name: Attorney for L TLE ELM ISD LITTLE ELM INDEPENDENT SCHOOL DISTRICT Superintendent of Schools C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 8 of 13 By: Christie Wilson City Secretary APPROVED AS TO FORM: 3 CITY OF THE COLONY, TEXAS t: By. y C. Powell City Manager C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 9 of 13 THE STATE OF TEXAS § COUNTY OF DENTON § LEISD ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared IJ.,i n"' 1 wALo(CA known to me to be the person whose name is subscribed to tt foregoing instrument, and acknowledge to me that The executed same for and as the act and deed of LITTLE ELM INDEPENDENT SCHOOL DISTRICT, a duly authorized Texas entity, with its executive office located in Denton County, Texas, and as the representative thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND 2013. My Commission Ex ires Sonia Flores Badillo EAO Notary Public, State of TexasMy Commission Expires: October 25, 2014 AND SEAL OF OFFICE is the day of � 0 No y Publi and For: The State of Texas Notary's Printed Name THE STATE OF TEXAS § § CITY ACKNOWLEDGMENT COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing Instrument, and acknowledged to me that he executed same for and as the act and deed of the City of The Colony, a municipal corporation of Denton County, Texas, and as the City Manager thereof and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDE MY HAND AND SEAL OF OFFICE this the _ day of 201!t Iv - r - 2-61(a My Commission Expires ��Lisa Cae Henderson `' Commission Expires 1 o-ot -2©16_. �� 6061��� Notary Public In and For: The State of Texas -�& 0,ac, hLokl�, Notary's Printed Name C:\Users\rmiller. LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11121!2013 Page 10 of 13 EXHIBIT "A" LEISD FACILITY C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 11 of 13 a C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LEISD - jlrn rev clean - as approved by City Council - 11 1913.doc 11/21/2013 Page 12 of 13 EXHIBIT "B" CITY FACILITY The LITTLE ELM Independent School District will have use of the following City of The Colony sites: Site 1: Community Center C:\Users\rmiller.LEISD\Downloads\The Colony - Interlocal Agreement - LF_ISD - jlm rev clean - as approved by City Council - 111913.doc 11/21/2013 Page 13 of 13