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HomeMy WebLinkAboutResolution No. 03-09 CITY OF THE COLONY, TEXAS RESOLUTION NO. (~ ~- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND LEWISVILLE INDEPENDENT SCHOOL DISTRICT PROVIDING FOR THE USE OF FACILITIES; PROVIDING AN EFFECTIVE DATE. 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 Lewisville Independent School District providing for the use of facilties, as defined in the Agreement. 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 17th day of March 2003. Bemetta Henville-Shannon, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR JOINT USE OF PROPERTY, CONSTRUCTION OF FACILITIES, AND USE THEREOF THIS INTEl{LOCAL COOPERATION AGl{EEMENT is made and entered into on this 17th day of March, 2003, by and between the CITY OF THE COLONY, TEXAS ("CITY"), acting by and through its Mayor or designee, and the LEWISVILLE INDEPENDENT SCHOOL DISTRICT ("LISD"), 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 LISD to use various properties jointly for the purpose of providing recreational, cultural and athletic opportunities for all residents of the City of The Colony; and WHEREAS, CITY and LISD 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" ("LISD Facilities") and Exhibit "B" ("CITY Facilities"), copies of which are attached hereto and incorporated herein for all purposes; and WHEREAS, CITY and LISD, 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 LISD agree that LISD Facilities and CITY Facilities shall be used for the purpose of providing recreational and athletic opportunities for the citizens of The Colony, for joint use by CITY and LISD, with CITY and LISD having equal use as set out herein. K:\DOC~AGENDA\Interlocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 1 of 11 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 LISD and the CITY. The agreement will be reviewed annually. B. CITY and LISD agree, under the terms and conditions provided herein, to permit for joint use of LISD Facilities and CITY Facilities for recreational, cultural 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 LISD for entering into this Agreement is the commitment by LISD and CITY to allow each party to utilize the facilities of the other party for youth and adult recreational, cultural and athletic activities. D. There shall be no additional costs to CITY or LISD. CITY and LISD 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 LISD shall be responsible for maintaining of each of 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 LISD 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. II. CITY USE OF LISD FACILITIES A. LISD will make available to CITY for community recreational and athletic activities all LISD Facilities which are suitable for community recreational and athletic activities; these areas and facilities are to be selected by the City Manager or his/her designee subject to approval of the Superintendent of LISD, or his/her designee, as appropriate. B. CITY may utilize the gymnasiums and outdoor areas of LISD Facilities provided that the use does not interfere with the normal operational use of facilities for school purposes or which would otherwise interfere with their lawful public purpose. The auditorium at The K:\DOC~GENDA\lnterlocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 2 of 11 Colony High School will be available for use once per year. In the event of any scheduling conflict with LISD, LISD has, at any time, priority use of LISD Facilities. 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 LISD Facilities shall be limited to recreational and athletic activities of organization(s) sponsored by the The Colony Parks and Recreation Department. The organization using LISD Facilities shall be responsible for providing adequate supervision of the activity or activities taking place on the property. Organizations using LISD Facilities pursuant to the terms of this Agreement shall comply with all State, federal, and local laws. D. During periods of unscheduled LISD and CITY use, the outdoor LISD Facilities 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 LISD Facilities. LISD 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. LISD shall have the sole duty and ~:esponsibility for repair of any permanent improvements owned by LISD such as fencing, net posts, or other permanent structural improvements. H. CITY shall be permitted to make, at its own expense, alterations and additions to any of LISD Facilities consistent with the programs offered by it upon prior written consent of the LISD Board of Trustees, shall bear the cost of maintenance of such improvements and is subject to the provisions of Section II.E. I. CITY shall remove any improvements or alterations upon termination of this Agreement if requested in writing by LISD. Upon termination, CITY, at its sole expense, shall bear the cost of removal of any alterations or improvements owned by CITY to LISD property. Any addition or improvement to LISD Facilities 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 LISD without cost to LISD or at the sole option of LISD, shall be removed by LISD and CITY shall promptly reimburse LISD for the cost of such removal. Nothing shall be removed which may affect the structural integrity of any building or structure. III. LISD USE OF CITY FACILITIES A. CITY will make available to LISD for school events, activities, or programs all CITY Facilities which are suitable for school events, activities, or programs; these CITY K:\DOC~AGENDA\Interlocal ^greement-LISD. 03-13-03 clean.doc 3/17/2003 Page 3 of 11 Facilities are 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. LISD may utilize indoor or outdoor CITY Facilities (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 Facilities. C. LISD 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 CITY Facilities and the time(s) of the requested use. Scheduled usage of CITY Facilities shall be limited to LISD-sponsored organizations or groups. The organization using CITY Facilities shall be responsible for providing adequate supervision of the activity or activities taking place on the property. Organizations using CITY Facilities shall comply with ail state, federal and local laws. D. During periods of unscheduled CITY and LISD use, the outdoor facilities will be available for the use of the general public. E. During times of scheduled usage, LISD 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 CITY Facilities for their intended purpose. CITY and LISD will alternately fund periodic replacement of nets and wind screens as needed. F. LISD 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 CITY Facilities. H. LISD 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. I. LISD shall remove any improvements or alterations upon termination of this Agreement if requested in writing by CITY. Upon termination LISD, at its sole expense, shall bear the cost of removal of any alterations or improvements owned by LISD to CITY Facilities. Any addition or improvement to CITY Facilities 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 LISD 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 LISD AND CITY The following subparagraphs shall apply to CITY's use of LISD's facilities or LISD's use of CITY's facilities: K:\DOC~AGENDA\Interlocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 4 of 11 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 seq. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor LISD 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 / LISD agrees to obtain and maintain, at its sole expense, general liability insurance naming LISD / CITY as an additional insured to protect against potential claims arising out of CITY's / LISD's use of the property and facilities designated on the Exhibits attached hereto. CITY shall furnish LISD and LISD 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 LISD Facilities or CITY Facilities. LISD / 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 LISD 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 has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to LISD: Dr. Jerry Roy, Superintendent Lewisville Independent School District 1800 Timbercreek Rd. Flower Mound, TX 75028 If to CITY: Dale Cheatham, City Manager City of The Colony 6800 Main Street K:\DOC~AGENDA\Intedocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 5 of 11 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 LISD 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 LISD 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 LISD 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 LISD 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 1 (one) year 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. 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. I. 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 / LISD shall promptly report to LISD / CITY any defects or dangerous conditions it discovers on or concerning LISD / CITY property, and shall cease any such use until such defect or condition is repaired or cured, provided LISD / CITY shall have not have an obligation to repair or cure any such defect of condition. K:\DOC~GENDA\Intedocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 6 of 11 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 (I) and III (I) herein. B. In the event the Board of Trustees of LISD determines during the term of this Agreement that it is in the best interest of LISD to sell or construct improvements upon all or any part of LISD's property designated on Exhibit "A", the terms of this Agreement shall terminate as to the particular property(ies) so stated on LISD's written notice to CITY of LISD'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 LISD'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. 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 LISD 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 K:\DOC~AGENDA\Interlocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 7 of 11 The recitals and attachments to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 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 +,he parties on the date first written above. WITNE~ ~/~ LEWISVILLE INDEPENDENT SCHOOL DISTRICT ~ ~°~d KoYfe; 'r W. Roy, ~) D. ~,pperintende~f Schools ,~~:~_ ~. CITY OF THE COLONY, TEXAS dLj Patti Hicks D~le Cheatham City Secretary City Manager APPRO.VED AS TO FORM: APPROVED AS TO FORM:__ Name: S/n~l/O~,r' ~. /'~Ed ~" - f Name: ~... ~'. ~., ~ttorney for Lewisville LISD "City Attorney ~ K:\DOCV~GENDA\Interlocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 8 of 11 THE STATE OF TEXAS § § LISD ACKNOWLEDGMENT COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dr. ,Jerry W. Roy known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that The executed same for and as the act and deed of LEWISVlLLE 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 AND SEAL OF OFFICE this the 14 day of 11/13/06 My Co .r~;~ ~,l~ixes ~,,~.:,.9,Yt~ L. ~,//. Notary Public ~ and For: Denton Co. Texas .," ~'~"~.~,~'~.~'d,;:.?~ ?. The State of Texas .-' .." ~.~_~~:e;"..~ Cherry L. Carte -- ~ ~"' ~'~' -- ~lotary's Printed Name ,.. <,,~.,.:-.; ...... ';~',~:,,c "~lllllltl% § 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 ~1.~ (1~EP,'-F~ ~ known to me to be the person whose name ~s 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. ,2003. My Commission Expires Notary Public In and For: ~~ T heSiate of Texas  ~;)-c~ary's Printed Name C:\Documents and Settings\cwilson. COLONY~Local Settings\Temporary Internet Files\OLK6E\lnterlocal Agreement-LISD. 03-13-03 clean.doc 3/18/2003 Page 9 of 11 EXHIBIT "A" LISD FACILITIES The City of The Colony Parks and Recreation Department will have use of the following LISD sites: Site I. Camey Elementary School, 4949 Arbor Glen Site 2. Ethridge Elementary School, 6001 Ethridge Site 3. Morningside Elementary School, 6350 Paige Road Site 4. B.B. Owen Elementary School, 5640 Squires Site 5. Peters Colony Elementary School, 5101 Nash Drive Site 6. Stewart's Creek Elementary School, 4431 Augusta Site 7. Griffin Middle School, 5105 N. Colony Blvd. Site 8. Lakeview Middle School, 4300 Keys Drive Site 9. The Colony High School, 4301 Blair Oaks Site 10. Hebron High School, 4207 Piano Parkway Site 11. Arbor Creek Middle School, 2109 Arbor Creek Drive K:\DOCgAGENDA\lntedocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 10 of 11 EXHIBIT "B" CITY FACILITIES The Lewisville Independent School District will have use of the following City of The Colony sites: Site 1: Five Star Complex Parking Lot Site 2 Five Star Complex Playing Fields Site 3: Aquatic Park Site 4: Camey Soccer Fields Site 5: Dick Weaver Senior Center Site 6: Recreation Center K:\DOC~AGENDA\Intedocal Agreement-LISD. 03-13-03 clean.doc 3/17/2003 Page 11 of 11