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HomeMy WebLinkAboutResolution No. 03-19 CITY OF THE COLONY, TEXAS RESOLUTION NO. (~ '~- Iq 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 (LISD) TO PROVIDE FOR THE PLACEMENT OF OUTDOOR EARLY WARNING SIRENS ON LISD PROPERTY WITHIN THE CITY OF T HE COLONY; PROVIDING A N EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager is hereby authorized to execute an Interlocal cooperation agreement between the City and Lewisvill¢ Independent School District (LISD) to provide for the placement of outdoor early warning sirens on LISD property within the City Of The Colony 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 7th day of July 2003. ATTEST: ~/~IcCo~ l~ayor Pr~01/ A H~cks, TRMC, ~ty Secretary INTERLOCAL COOPERATION AGREEMENT FOR OUTDOOR EARLY WARNING SIRENS THIS INTERLOCAL COOPERATION AGREEMENT FOR OUTDOOR EARLY WANING SIRENS (the "Agreement") is made and entered into on this /~ day of ..J-O~. ,2003, by and between the CITY OF THE COLONY, TEXAS, a Texas municipal corporation (the "Cit~"), acting by and through its City Council or designee, and the L EWlSVILLE INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas (the "School District"), acting by and through its Board of Trustees or designee. WlTNESSETH: WHEREAS, the Texas State Legislature has authorized the use of inteflocal cooperation agreements between and among governmental entities; and WHEREAS, this Agreement is made under the authority granted by and pursuant to the lnterlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the authorization by the City and the School District; and WHEREAS, the School District owns two (2) tracts of real property, one located at 6001 Ethridge Drive, The Colony, Texas 75056 (the "School Property No. 1") and one located at the intersection of Memorial Drive and Momingstar Drive, The Colony, Texas 75056 (the "School Property No. 2"); and WHEREAS, the City desires to erect, construct and maintain an outdoor early warning siren on the School Property No. 1, in and at the location described on Exhibit "A", attached hereto; and WHEREAS the City also desires to erect, construct and maintain an outdoor early warning siren on the School Property No. 2, in and at the location described on Exhibit "B", attached hereto; and WHEREAS, the School District desires to permit the two (2) outdoor early warning sirens to be erected, constructed and maintained on the School Property No. 1 and School Property No. 2 as provided for in this Agreement because of the benefits that will flow to the City, the District and the general public from the said outdoor early warning sirens, NOW THEREFORE, FOR AND IN CONSIDERATION of the recitals set out above and the mutual agreements contained herein, the parties hereto do hereby agree as follows: INTERLOCAL COOPERATION AGREEMENT FOR OUTDOOR EARLY WARNING SIRENS~ Page 1 OUTDOOR EARLY WARNING SIRENS LICENSE The School District does hereby grant a license to the City to erect, construct and maintain two (2) outdoor early warning sirens, affd all appurtenances thereto, one of which shall be in and at the location described in Exhibit "A", and the other of which shall be in and at the location described in Exhibit "B". The School District does also hereby grant such necessary access rights over and acros, s the School Property No. 1 and the School Property No. 2, as applicable, for the purposes of erecting, constructing and maintaining the two (2) outdoor early warning sirens. II. TERM OF AGREEMENT AND TERMINATION This Agreement shall become effective on the date first written above and shall be for a term of one (1) year from that date, and thereafter, this Agreement shall automatically renew annually for like periods of one (1) year, unless either party provides the other party with written notice thirty (30) days prior to the end of the then effective term of its intent to terminate this Agreement with regard to one or both of the outdoor early warning sirens. Upon receiving a termination notice pursuant to this paragraph, this Agreement shall terminate at the end of the then effective term and the City shall remove the applicable outdoor early warning siren by the end of the then effective term and restore the applicable property to its condition prior to the installation of the outdoor early warning siren. If the School District's Board of Trustees determines at anytime after the effective date of this Agreement that the portion of School Property No. 1 and/or School Property No. 2 affected by the outdoor early warning sirens is needed exclusively for school purposes, the School District may terminate this Agreement by providing the City with sixty (60) days prior written notice, and the City shall remove the applicable outdoor early warning siren on or before the end of the sixty (60) day period, and shall restore the applicable property to its condition prior to the installation of the outdoor early warning siren. III. NOTICES Any notices o r communications required o r permitted to be delivered hereunder must be in writing and shall be deemed to be delivered upon receipt at the following addresses and/or facsimile numbers: INTERLOCAL COOPERATION AGREEMENT FOR OUTDOOR EARLY WARNING SIRENS~ Page 2 If to the City: If to School District: Tab Bradburry Mr. Rick Coulter Captain Director of Purchasing The Colony Fire Department Lewisville I.S.D. 4900 Blair Oaks 1800 Timber Creek Road The Colony, Texas 75056 Flower Moflnd, TX 75028 Fax: 972-624-2292 Fax: (972) 874-1601 IV. This Agreement may not be assigned and it embodies the entire agreement between the parties. V. This Agreement supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. VI* A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. VII. The goveming bodies of the City and the School District have authorized those individuals who have affixed their signatures to this Agreement to do so and to bind the respective parties. VIII. No modifications or amendments to this Agreement shall be valid unless in writing and signed by the signatories hereto or their heirs, successors, assigns, administrators, executors or legal representatives. IX. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. INTERLOCAL COOPERATION AGREEMENT FOR OUTDOOR EARLY WARNING S1RENS~ Page 3 In the event that one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenfomeability of this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contmned herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. XI. The Exhibits referred to in this Agreement and attached hereto are incorporated herein for all purposes, as are the above set out recitals. XII. Each party to this Agreement paying for the performance of governmental services must make those payments from current revenues available to the paying party. Xlll. This Agreement is governed by the laws of the State of Texas; any venue for any action shall be in the State District Courts of Denton County, Texas. EXECUTED AND EFFECTIVE between the parties on the date first written above. THE CITY OF THE COLONY, TEXAS a Texas municipal corporation Name: Dale Cheatham Title: City Manager LEWISVILLE INDEPENDENT SCHOOL DISTRICT a politic~ subdivision of the State~..~ ~°ffexas By: ,.~.~-~ r~" Dr. J~/Roy.~ Sup~/g/endeht-~ School INTERLOCAL COOPERATION AGREEMENT FOR OUTDOOR EARLY WARNING S1RENS~ Page 4 To: Dame Cheatham, City Manage~ / Van Morrison, Fire Chief \/v'/ Fr: Da: 7/7/03 Subject: Change to Exhibit A of Interlocal Agreement Per directions we are requesting that the opening verbage from Exhibit A be completely removed. The amended copy of Exhibit A is attached to the Interlocal Cooperation Agreement. E~IIBIT A EXHIBIT B The location of the early warning siren will be in the North West comer where the power lines cross the alley. See map below.