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HomeMy WebLinkAbout26-0981City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM/DCM/ACM: Kenneth Hedges DATE: August 4, 2026 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Denton County, Texas, a duly organized political subdivision of the State of Texas, to provide for funding of the maintenance and acquisition of artifacts; for the design and construction of park improvements including rehabilitation of structures within the park, parking lot improvements, walking trails, and other features typical of a park (the “Project”); and for the operation of a public park on the 10.2 acres of land located on the Evers Farm property; and providing an effective date. BACKGROUND The City approved a Planned Development zoning (PD24-0002a) for a multifamily development at the northwest corner of N Elm St. and N Locust. St. called Jefferson North Elm. As a part of the PD, the developer was required to provide 10.2 acres to Denton County for the County’s future creation of a historic park. The City received funding from the developer for Park Development and Dedication fees for a total of $918,900.00 ($783,450.00 for Development and $135,450.00 for Land Dedication). The County requested from the City the Park Development funding from the project be used towards future improvements for the County park to be located onsite. As such, the agreement included as Exhibit 2 includes stipulations that the County will design and construct a 10.2-acre public park adjacent to the Jefferson North Elm multifamily development, with the City agreeing to contribute no more than $783,450.00, the amount of Park Development Fees received, in accordance with Ordinance No. 25-754. The funding will cover the maintenance and acquisition of artifacts, design and construction of park improvements including but not limited to – parking lot improvements, walking trails, and rehabilitation of structures, and the operation of the park. The agreement includes several stipulations stating: 1. If the County fails to complete construction of the park within 5 years of the effective date, all funds provided by the City that have not been expended are to be repaid to the City. 2. Any change to the character or use of any portion of the park found to be inconsistent with its continued operation requires the consent of the City. If the County fails to comply with PD24-0002a within 20 years of completion of the park, any funds paid to the County will be returned to the City. By providing the agreement and funding to Denton County, the City would be ensuring that the park being dedicated as part of the Jefferson North Elm development will be used towards the goal of preserving the original Evers Farm. RECOMMENDATION: Staff recommends approval of this request. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 15, 2024, City Council approved the Planned Development establishing the zoning for the multifamily development and public park (PD24-0002a). On May 20, 2025, City Council approved the Park Development Agreement with Jefferson North Elm, LLC (Ordinance 25-754). FISCAL INFORMATION The City’s financial obligation of $783,450.00 is funded from account 9160.4470.4001. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Respectfully submitted: Charlie Rosendahl Director of Development Services Prepared by: Mitchell Stoltz Management Analyst Exhibit “A” Interlocal Cooperative Agreement THE STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas (“the County”), a duly organized political subdivision of the State of Texas; and the City of Denton, Texas (“the City”), a duly organized political subdivision of the State of Texas. The County and the City are collectively referred to herein as “the Parties.” WHEREAS, the County and the City mutually desire to enter into this Agreement to provide for funding of the maintenance and acquisition of artifacts; for the design and construction of park improvements including rehabilitation of structures within the park, parking lot improvements, walking trails, and other features typical of a park (the “Project”); and for the operation of a public park on the 10.2 acres of land located on the Evers Farm property that is described and depicted as Subdistrict B (the “Property”) on City of Denton Ordinance No. PD24-0002a, a copy of which is attached hereto and incorporated herein as Exhibit A (the “Evers Farm PD”); and WHEREAS, the County will design and construct the Project with the City agreeing to contribute an amount which shall not exceed SEVEN HUNDRED EIGHTY THREE THROUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($783,450.00), based on the available funding provided through the Park Development Agreement with Jefferson North Elm, LLC executed by the City of Denton on May 20, 2025 pursuant to Ordinance No. 25-754 (the “Park Development Agreement”), toward satisfactory completion of the Project, and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter “the Act,” 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 the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the completion of the Project which involves parks which are an integral part of the County’s and the City’s provision of public services, and the Parties are undertaking the Project to benefit the public through access to a quality park system; WHEREAS, the County agrees to construct the Project in accordance with Chapter 22 of the City of Denton Code of Ordinances, keep the Property open to the public for use as a park, and retain the acreage as Denton County Parkland indefinitely; NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services relating to the development and operation of public parks. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually, and in accordance with Section 791.011(d)(3) of the Act, the County is paying for the performance of governmental functions and services from current revenues available to the paying party. II. The County and the City hereby agree that the County shall design and construct the Project, and the City shall contribute an amount which shall not exceed SEVEN HUNDRED EIGHTY-THREE THROUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($783,450.00) toward satisfactory completion of the Project. The Project is located entirely within the municipal limits of the City and Denton County. III. The City shall pay to the County an amount not to exceed the lesser of SEVEN HUNDRED EIGHTY-THREE THROUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($783,450.00) or the amount of Park Development Fees (as provided for in Section 22-39 of the Denton Code of Ordinances) actually received by the City pursuant to the Park Development Agreement (the “City Contribution”). IV. The County agrees to provide the Project and the associated improvements in accordance with Chapter 22 of the City of Denton Code of Ordinances, to keep the park open to the public similar to other parks within the City of Denton, and to maintain the Property as a park. The City shall provide the City Contribution within thirty (30) days of receipt of the Park Development fees paid by the developer in accordance with the Park Development Agreement. V. This exchange of funding and in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. Upon completion of the Project, the County shall notify the City in writing of the expenses incurred during the course of the Project to ensure that all expenditures are made in a manner which is consistent with the terms of this Agreement. In the event the County fails to complete the Project within 5 years of the Effective Date of this Agreement, all funds provided by the City pursuant to this Agreement that have not been expended on the Project shall immediately revert and be repaid to the City. . VII. County acknowledges that the Property is designated as “Park Land Dedication Area, PD-PF” by the Evers Farm PD, and any land use not expressly permitted thereby is prohibited. Any change to the character or use of any portion of the Property to be inconsistent with its continued operation as a public park requires the consent of the City, as evidenced by a written resolution or ordinance of the Denton City Council. If the County fails to comply with the Evers Farm PD or changes the use of the property to be inconsistent with its continued operation as a public park within 20 years of the completion of the Project, the County shall return any funds paid to the County under this Agreement to the City. VIII. This Agreement may be terminated in whole, or in part, by the County or the City upon thirty (30) days written notice to the other party, except that the County’s obligations to return funds to the City for failure to perform its obligations hereunder shall survive termination of this Agreement. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: City Manager City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copy To: Ingrid Rex, Interim City Secretary City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copy To: Mack Reinwand, City Attorney City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 For County: Honorable Andy Eads, Denton County Judge 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 andy.eads@dentoncounty.gov holly.sadlowski@dentoncounty.gov Copy To: Denton County District Attorney’s Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 X. The covenants, terms, and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall be in Denton County, Texas. XI. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XII. The County agrees to accept full responsibility for the acts, negligence and omissions of all C ounty employees, agents, subcontractors or contract laborers. XIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XIV. 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 fullest extent possible. XV. The undersigned officers and 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. XVI. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed, and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed this day of , 2026. DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS 1 Courthouse Drive, Suite 3100 215 E. McKinney Street Denton, Texas 76209 Denton, Texas 76201 By: By: Honorable Andy Eads Cassey Ogden Denton County Judge Interim City Manager, City of Denton, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority of the Denton County Commissioners Court of the City of Denton, Texas ATTEST: ATTEST: By: By: Denton County Clerk City Secretary This agreement has beenapproved as tolegal form By: City Attorney This agreement has been bothreviewed and approved as to operational and business terms By: Director of Development Services s agreement has been approved as to l y Attorney COUNTY AUDITOR’S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby gives its specific written approval to the following Project, prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The scope of the Project shall be to provide park improvements on the Property. The Project shall be located entirely within the municipal limits of the City of Denton and Denton C ounty Commissioner Precinct #1. The County hereby agrees to contribute funding towards the Project, provided that any and all funding is approved by formal action of the Denton County Commissioners Court. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of Denton, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: By: Presiding Officer of the Denton County Commissioners Court Exhibit A City of Denton Ordinance No. PD24-0002a (Evers Farm PD)