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Home My WebLink AboutResolution No. 08-037 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-037 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, WHICH IS A TT ACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A", FOR THE PURPOSE OF RECEIVING A DONATION OF THE LOCALLY HISTORIC BELZ ROAD BRIDGE FROM DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Interloeal Governmental Cooperation Aet provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement and the City Council has determined that it would be in the city's best interest to enter into the Interlocal Cooperation Agreement with Denton County for the purpose of receiving a donation of the locally historic Belz Road Bridge from Denton County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute an Interlocal Cooperation Agreement with Denton County for the purpose of receiving a donation of the locally historic Belz Road Bridge from Denton County, which is attached hereto and incorporated herein as Exhibit "A". Section 2. 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. 2008. ATTEST: c&dt!c,~~~ INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY. TEXAS. AND THE CITY OF THE COLONY. TEXAS THIS AGREEMENT is hereby made, entered into and executed by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "Denton County," and the City of The Colony, Texas, a political subdivision of the State of Texas, hereinafter referred to as "the City of The Colony." Denton County and the City of The Colony are collectively referred to herein as "the Parties." The purpose of this Agreement is for Denton County to donate the locally historic Belz Road Bridge to the City of The Colony in accordance with Texas Local Government Code S 263.152. This Agreement shall be fully executed and enforceable on the date it is signed by both of the Parties. WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791 Texas Government Code, provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the Belz Road Bridge is a locally historic bridge located in Denton County; and WHEREAS, the Belz Road Bridge IS no longer needed by Denton County for transportation purposes; and WHEREAS, by ratification of this Agreement, the Denton County Commissioners Court hereby declares that the Belz Road Bridge is surplus property; and WHEREAS, by ratification of this Agreement, Denton County will donate the Belz Road Bridge to the City of the Colony, where the bridge will be set in place as a pedestrian crossing for.the trail system at Greenway Park; and WHEREAS, by ratification of this Agreement, the City of The Colony will accept the donation of the Belz Road Bridge and the City of The Colony will provide Denton County with adequate consideration by bearing the cost of all transportation, relocation and refurbishing expenses related to the donation of the Belz Road Bridge to the City of The Colony. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the Parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: ICA - City of The Colony - Belz Road Bridge Adoption Page 1 of6 ARTICLE I. Denton County hereby declares that the Belz Road Bridge is a local historic landmark and is no longer useable for vehicular traffic, and, such is surplus property; and, that competitive bidding is not required for disposition of said property since the purchaser is a political subdivision located within Denton County. AR TI CLE II. Denton County hereby finds that the donation of the Belz Road Bridge to the City of The Colony serves a public purpose. ARTICLE III. Denton County hereby donates the Belz Road Bridge to the City of The Colony. ARTICLE IV. The City of The Colony hereby accepts the donation of the Belz Road Bridge. ARTICLE V. In consideration for the donation of the Belz Road Bridge to the City of The Colony by Denton County, the City of The Colony hereby agrees to bear the cost of all transportation, relocation and refurbishing expenses related to the donation of the Belz Road Bridge to the City of The Colony and Denton County shall have no financial responsibility for those expenses. Any funds expended in performance of this contract shall be made from current Revenues available for such expense. ARTICLE VI. The Belz Road Bridge shall not be used on a public road as a vehicular traffic facility and a historical marker is required to be placed at the relocation site, referencing the origin of the Belz Road Bridge and its history. ARTICLE VII. Denton County understands and agrees that Denton County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City of The Colony. ARTICLE VIII. The City of The Colony understands and agrees that the City of The Colony, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of Denton County. ICA - City of The Colony - Belz Road Bridge Adoption Page 2 of6 ARTICLE IX. This Agreement is not intended to extend the liability of the parties beyond that provided for by law. Neither Denton County nor the City of The Colony waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from third parties. ARTICLE X. This Agreement represents the entire agreement between Denton County and the City of The Colony and this Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral between the Parties. This Agreement may be amended only by written instrument signed by the governing bodies of both Denton County and the City of The Colony or those authorized to sign on behalf of those governing bodies. ARTICLE XI. The validity of this Agreement and 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. ARTICLE XII. In the event that any portion of this Agreement shall 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. ARTICLE XIII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials 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. ARTICLE XIV. This Agreement may be terminated in whole or in part by Denton County or the City of The Colony upon thirty (30) days written notice to the other party. Notices shall be directed as follows: ICA - City of The Colony - Belz Road Bridge Adoption Page 3 0 f 6 For City of The Colony: Copy to: For Denton County: Copy to: lCA - City of The Colony - Belz Road Bridge Adoption Mr. Dale Cheatham City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 Mr. Keith Helms Park Development Manager City of the Colony 5151 N. Colony Boulevard The Colony, Texas 75056 Honorable Mary Horn Denton County Judge c/o Courthouse on the Square llO East Hickory Street Denton, Texas 76201 Denton County District Attorney's Office Civil Division c/o Denton County Courts Building 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 Page 4 of6 DENTON COUNTY, TEXAS EXJCUTED in ~ originals this Sf' day of , 2008, by Denton County Texas, pursuant to Denton countYD ~~6J..o/r; Court Order ~ ATTEST: APPROVED AS TO FORM: lCA - City of The Colony - Belz Road Bridge Adoption CITY OF THE COLONY, TEXAS EX,EJ<;YTED ~e pJiginals this 11m day 0 c:::JI'u 2008, by the City of The Colony, pursuant to The Colony A fity Council Resolution # V -037 By: g~~ Mr. Dale Cheatham City Manager Acting on behalf of and by authority of the City of The Colony City Council ATTEST: B4J~~vJ~v-- City ec etary Page 5 of6 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, and the City of The Colony, Texas, acting by and through their respective governing bodies, having been advised of the donation of the Belz Road Bridge by Denton County to the City of The Colony, Texas, and the acceptance of the donation of Belz Road Bridge by the City of The Colony, Texas, do hereby approve this Agreement. In consideration for the donation of the Belz Road Bridge to the City of The Colony by Denton County, the City of The Colony, Texas, agrees to bear the cost of all transportation, relocation and refurbishing expenses related to the adoption of the Belz Road Bridge by the City of The Colony, Texas. The Belz Road Bridge shall not be used on a public road as a vehicular traffic facility and a historical marker is required to be placed at the relocation site, referencing the origin of the Belz Road Bridge and its background. By vote on the date below, of the Denton County Commissioners Court and the City of The Colony, Texas, have approved this Agreement, identified above, and authorized execution of this document by each governing body. DENTON COUNTY, TEXAS E~/CUTED in . plicqte originals this 51 day of , 2008, by Denton County Tex s, pursuant to Denton co~nJ commi1'oners Court Order # U -0)./ . . By:/(~!(t.;L Honorable Mary Denton County Judge Acting on behalf of and by authority of the Denton County Commissioners Court lCA - City of The Colony - Be]z Road Bridge Adoption CITY OF THE COLONY, TEXAS EXEC1JJ;I);~ ,i;LtY.l'licate originals this /7-I-h day dY((J(jJU Uu, 2008, by the City of The Colony, Texas, pursuant t~ The ~lony City Council Resolution # () ~D31 By: ~~ cOo~L Mr. Dale Cheatham City Manager Acting on behalf of and by authority of The Colony City Council Page 6 of6