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Home My WebLink AboutResolution No. 86-08 CIT~ OF THE COLONY A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BE%'WEEN THE CITY AND DENTON COUNTY FOR THE PROVISION OF FIRE PROTECTION SERVICES TO CERTAIN RESIDENTS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITf 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 Denton County for the provision of fire protection to certain residents of Denton County as defined in the Agreements. 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 the ~day of ~j 1986. ity of Th~Colofiy, Texas - ATTEST: City Secretary~ty of The Colony, Texas APPROVED AS TO FORM: STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into this _5__%ay of ~:z~.. 1986, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter relented to interehangeably as "Denton" or "County," and the CITY OF THE COLONY, a municipal corporation, hereinafter ~eferred to as "The Colony." WHEREAS, Denton is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County; and WHEREAS, The Colony is a home ~ule City pt~suant to article 11, section of the Texas Constitution, article 1165 et seq of the Texas Revised Civil Statutes (Vernon), as amended, and its Home Rule Charter; and WHEREAS, Denton and The Colony desire to enter into this Agreement pursuant to ~;'ex. Rev. Civ. Stat. Art. 4413(32e) (Vernon Supp. 1985), the Interloeal Cooperation Act. NOW, THEREFORE, Denton and The Colony, for the mutual consideration hereinafter stated, do hereby COVENANT, CONTRACT, WARRANT AND AGREE as follows: I. The effective date of this Agreement shall be the C~ day of 1986. II. The initial term of this Agreement shall be fo~ the period of OCT'. / 198t~to and through S£ P-r. ~, 198/,~. Thereafter, this Agreement shall automatically be renewed for periods of twelve (12) month increments from the termination date unless written notice of intent to terminate is given by either party to the other within sixty (60) days of such termination. III. For the purposes and consideration herein stated and contemplated, The Colony shall provide to the residents of the unincorporated are as of Denton County designated in Exhibit "A", attached hereto and incorporated herein for all purposes, emergency fire protection services. INTERLOCAL COOPERATION AGREEMENT - PAGE 1 OF 5 00283 IV. Denton shall designate and does hereby designate the Denton County Judge to act on behalf of Denton and to serve as "Liaison" for Denton with and between Denton and The Colony. The Denton County Judge, or his designated substitute, shall insure the performance of all duties and obligations of Denton as herein stated; and shall devote sufficient time and attention to the execution of said duties on behalf of Denton in full compliance with the terms and conditions of this agreement; and shall provide immediate and direct supervision of the Denton's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of Denton County and The Colony. V. The Colony shah designate the Chief of The Colony Fire Department to act on behalf of The Colony and to serve as "Liaison" for The Colony with and between The Colony and Denton, to insure the performance of all duties and obligations of The Colony as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of The Colony in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of The Colony's employees, agents, contractors, subcontractors or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of The Colony and Denton. VI. Denton agrees to indemnify and hold harmless, save and defend The Colony from and against any and all claims, actions, causes of action, damages, injuries or costs, including reasonable attorney's fees, which may arise out of the performance by The Colony, its agents and employees, of the .duties outlined in this Agreement. VII. Denton agrees to and accepts full responsibility for the acts, negligence or omissions of Denton, its employees, agents and all persons performing work under a contract or agreement with Denton. VIII. The Colony understands and agrees that The Colony, its agents and employees, shall at no time represent themselves to be employees, servants, agents or representatives of Denton. INTERLOCAL COOPERATION AGREEMENT - PAGE 2 OF 5 0028.1 IX. Denton understands and ~grees that Denton, its employees and ~ents, shall at no time represent themselves to be employees, servants, ~ents or ~epresentatives of The Colony. X. Denton is a political subdivision of the State of Texas. The add~ess of Denton is: Commissioners Cou~t of Denton County Carroll Courts Building 40! West Hiekor~ Denton, Texas Telephone (817) 565-8586 Attn: Honorable Buddy Cole Denton County Judge The Colony is a political subdivision of the State of Texas. The address of The Colony is: 5576 No~th Colony Blvd. The Colony, Texas 75056 Telephone: (~.14) 370-1756 Attention: Janiee Carroll XIo For the services hereinabove stated, DENTON a~ees to pay The Colony for full performance of this Agreement the sum of THREE THOUSAND AND NO/100 ($3000.00) DOLLARS, which sum shall constitute payment for services provided for a period of one (1) year. Denton understands and ~rees that payment by Denton to The Colony shall be made in accordance with the normal and customar~ process and business procedures of Denton. XII. Denton County ~ees to pay The Colony, on a monthly basis and upon the submission of an invoice, SIXTY AND NO/100 ($60.00) DOLLARS per fire call in the unincorporated areas of Denton County, Texas as outlined in Exhibit XIII. This Agreement may be terminated at any time by either party ~iving sixty (60) day advance w~itten notice to the other party. In the event of such termination by either party, The Colony shall be compensated pro rata for all services performed to the date of termination, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should The Colony be overcompensated on a pro rata basis for all services performed to the date of termination or be overcompensated for reimbursable expenses as authorized INTERLOCAL COOPERATION AGREEMENT - PAGE 3 OF 5 0028J by this Agreement, Denton shall be reimbursed p~o r~ta for all such overeompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XIV. This Agreement represents the entire and integrated ~greement between The Colony and Denton and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both The Colony and Denton. XV. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XVI. The undersigned officer and/or agents of the parties hereto are the properly authorized o.f, fieials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII. In the event that any portion of this Agreement shali be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. Executed in duplicate original at Denton County, Texas on the day mid year first written above. ~J~ {e6 Carroll ..... ~ Honorable Buddy Cole Denton County Judge f ~y Manager, City of The Colony // By: Y' T Mary Jo Hill Patti_Jon~ Denton County Clerk City Secretary INTERLOCAL COOPERATION AGREEMENT - PAGE 4 OF 5 oo28:1 STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Buddy Cole, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interloeal Cooperation Agreement for the purposes and consideration therein expre~ed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this the __ day of , 1986. Notary Public in and for the State of Texas My Commission expires: (Notary Printed Name) [SEAL] THE STATE QF TEXAS § § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Janice Carroll, City Manager, City of The Colony, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said The Colony. GIVEN under my hand and seal of office this the ay of _ _ , 1986. .~,¢~ ~.¥ ~,';'/,.;;. ~ ,<x:.. .......... ..~L ~- Notary Public in of Texas . ., ':.'" ~ ,'~- ... ...' ",,;,~; OF i.x,,~,,''~ (Notary Printed Name) [SEAL] INTERLOCAL COOPERATION AGREEMENT - PAGE 5 OF 5 00283