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Home My WebLink About2012-334 sAlegal\our documents\ordinances\12\denton county interlocal agreement-waide road bridge.doc ORDINANCE NO. 2012-334 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS AND THE CITY OF DENTON, TEXAS ACCEPTING DENTON COUNTY'S DONATION OF THE WAIDE ROAD BRIDGE AND AGREEING TO ACCEPT FINANCIAL RESPONSIBILITY FOR RELOCATION, STORAGE, REFURBISHING, AND TRANSPORTATION EXPENSES NECESSITATED BY THIS AGREEMENT AND ASSOCIATED WITH THE BRIDGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton(the "City") and Denton County (the "County") desire to enter into an Interlocal Cooperation Agreement (Interlocal Agreement) wherein the County donates and the City accepts the Waide Road Bridge; and WHEREAS, the City agrees to accept financial responsibility for relocation, storage, refurbishing, and transportation expenses necessitated by this agreement and associated with the bridge; and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Mayor of the City of Denton is hereby authorized to execute the Interlocal Agreement on behalf of the City with the County. The City Manager is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. l/ PASSED AND APPROVED this the 'f — day of /' , 2 i2. MA UGH4MA'�, O 6, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: . i INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS THIS AGREEMENT is hereby made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter "the County,"and the City of Denton, Texas, a duly organized municipality existing under the laws of the State of Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." The purpose of this Agreement is for the County to donate the locally historic Waide Road Bridge, located at the intersection of Waide Road and Clear Creek, to the City, in accordance with Texas Local Government Code § 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 Waide Road Bridge is a locally historic bridge located in the County; and WHEREAS, the Waide Road Bridge is no longer needed by the County for transportation purposes; and WHEREAS, by ratification of this Agreement, the Denton County Commissioners Court hereby declares that the Waide Road Bridge is surplus property; and WHEREAS, by ratification of this Agreement, the County will donate the Waide Road Bridge to the City to serve,a publicrpurpose; and WHEREAS, the City hereby accepts the donation of the Waide Road Bridge and the City will provide the County with adequate consideration by relieving the County of all relocation, refurbishing, storage and transportation expenses related to the donation of the Waide Road Bridge to the City: Page 1 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: ARTICLE I. The County hereby declares that the locally historic Waide Road Bridge (also known as Waide Road at Clear Creek Bridge) is surplus property and that competitive bidding is not required since the purchaser is another political subdivision within the County. ARTICLE II. The County hereby fmds that the donation of the Waide Road Bridge to the City serves a public purpose. ARTICLE III. The County hereby donates the Waide Road Bridge to the City. ARTICLE IV. The City hereby accepts the donation of the Waide Road Bridge. ARTICLE V. In consideration for the donation of the Waide Road Bridge to the City by the County, the City hereby agrees that the County shall have no financial responsibility for any relocation, refurbishing, storage or transportation expenses related to the donation of the Waide Road Bridge to the City. ARTICLE VI. The Waide 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 Waide Road Bridge and its background. ARTICLE VII. The City understands and agrees 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. Page 2 i i ARTICLE VIII. The City agrees to and accepts full responsibility for the acts, negligence or omissions of all the City employees and agents, subcontractors or contract laborers and for those of all other persons doing work under a contract or agreement with the City. ARTICLE IX. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the County nor the City waive, nor shall be deemed to have 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 the County and the City and this Agreement supersedes all prior negotiations, representations 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 the County and the City or those authorized to sign on behalf of those governing bodies. ARTICLE XI. 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. 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 or agent of the parties hereto are the properly authorized officials who 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. Any notices relevant to this agreement shall be directed as follows: Page 3 I For the or City: Honorable Mark Burroughs, Ma Y g Y City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copy to: Jennifer Walters, City Secretary City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 For the County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy to: Denton County District Attorney's Office—Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 Executed in triplicate originals this `7 ' day of L , 20/ - DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS 110 West Hickory 215 E. McKinney Denton,��s 76201 Denton, Texa 76201 y: . ,- /f By: TTR®y� Ho ra e urroughs n ��,�,�, �j, `L Br' Mayor of the City of Denton, Texas I Acting on behalf and by the authori%Nafs111++oi,,,, Acting on behalf and by the authority The Commissioners Court of �o��`s' 5\.N �'� '�®, of the City of Denton, Denton County, Texas �`�� .,'�'��C®Venton County, Texas ATTEST: ¢ ` 964TESM.< � T By: r�y� 3y: Denton County CAr m,�A,��',��U n��, .�'`City4Scretary °r1��3ssaseeaae APPRO D AS RM: APPROVED AS TO FORM: By: By: (A.A. I -r-z Assistant trict Attorney City Attorney Page 4 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS,AND THE CITY OF DENTON, TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of'the donation of the Waide Road Bridge, located at the intersection of Waide Road and Clear Creek, (also known as the Waide Road at Clear Creek Bridge) by Denton County to the City of Denton, and the acceptance of the donation of Waide Road Bridge by the City of Denton. In consideration for the donation of the Waide Road Bridge to the City of Denton by Denton County, the City of Denton agrees to bear the cost of all storage, transportation, relocation and refurbishing expenses related to the adoption of the Waide Road Bridge by the City of Denton. The Waide 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 Waide Road Bridge and its background. By vote on the date below, of the Denton County Commissioners has approved this Agreement, identified above, and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: U �� By: Presiding OtficerFfilie Denton County Commissi ers Court " I Page 5