1993-132e:\wpdocs\ord\briar.o
ORDINANCE NO. '73 -
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
RETARDATION AND THE DENTON STATE SCHOOL TO CONTINUE THE USE OF
PROPERTY BELONGING TO THE DEPARTMENT AND CONTROLLED BY THE SCHOOL
FOR A PUBLIC PARK KNOWN AS BRIERCLIFF PARK, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, the Texas Department of Mental
Health and Mental Retardation, and the Denton State School had
previously entered into an Interlocal Agreement for the use of
property as a public park known as Briercliff Park; and
WHEREAS, the term of this agreement has expired and it is now
the desire of the City, the Texas Department of Mental Health and
Mental Retardation, and the Denton State School to renew this
agreement; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to exe-
cute an agreement with the Texas Department of Mental Health and
Mental Retardation and the Denton State School to extend the use of
property known as Briercliff Park, a copy of which is attached
hereto and incorporated by reference herein.
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this thea?dP__`~day of , 1993.
BERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY :
a:\wpdocs\k\briar.k
STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT
Whereas, on May 1, 1983, pursuant to TEX. REV. CIV. STAT. ANN.
art. 4413(32c), and as amended to TEX. GOVT. CODE ANN. ch. 791,
the Texas Department of Mental Health and Mental Retardation
(hereinafter referred to as Department), the Denton State School
(hereinafter referred to as School), and the City of Denton, Texas
(hereinafter referred to as City) entered into an agreement to
provide for the operation of a public park, known as Briercliff
Park, by the City of Denton; and
Whereas, the parties to that agreement now desire to extend
their agreement for the continued operation of a public park and
mutually agree to the following provisions:
PROPERTY
Department will permit the City to continue to develop and
maintain a public park on Department's premises located in the City
of Denton, Denton County, Texas, said land which is controlled by
School, a facility operated under the jurisdiction of Department.
This property is located in the City of Denton and is more particu-
larly described by metes and bounds in the attached Exhibit A which
is incorporated herein.
CITY'S RESPONSIBILITIES
The City agrees, in exchange for the usage to the above-
described property, to perform the following activities:
1. To continue to operate the park in accordance with all
City regulations and the terms of this Agreement;
2. To maintain the park by removing all trash weekly;
3. To prohibit the consumption of alcoholic beverages in
the park;
4. To maintain a fence surrounding the park property con-
taining a gate to allow access from Denton State
School;
5. To permit Denton State School to utilize all park
facilities at all reasonable hours when the park is
open to the public;
6. To indemnify and hold harmless, the Department, School, the
State of Texas, and any employee or agent of these
entities, from any damage or injury which may occur as a
result of the City's negligence in the operation of the
park on the property; and
7. To remove all City equipment from the property upon the
termination of this Agreement.
TERM OF AGREEMENT
The Agreement period will begin on May 1, 1993, and terminate
on April 30, 1994, unless said Agreement is extended through a new
or renegotiated agreement made among the parties involved.
TERMINATION OF AGREEMENT
This Agreement may be terminated only in the event of one or
more of the following conditions occurring:
1. If the City fails to comply with the provisions of the
Agreement;
2. If the need for the park ceases; or
3. If the Texas Legislature requires the use of the
property for State purposes.
Any party may terminate the Agreement for conditions 1 or 2
listed above by giving thirty (30) days written notice to the other
parties. Any party may terminate the Agreement for condition 3
listed above by giving 360 days written notice to the other
parties.
NOTICES
Any notice given by one party to the other parties in connec-
tion with this Agreement shall be in writing and shall be sent by
certified mail, return receipt requested, with postage fees prepaid
as follows:
CITY
City Manager
215 E. McKinney Street
Denton, Texas 76201
DEPARTMENT
Deputy Commissioner for Management
and Support
P-O. Box 12668
Austin. TX 78711-2668
SCHOOL
Sup rie ntendent
P. 0. Box
Denton, TX -
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
PAGE 2
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the
parties and as of its effective date supersedes all prior or
independent Agreements between the parties covering the subject
matter hereof. Any change or modification hereof shall be in
writing signed by all parties.
IN W TN S WHERE , t parties have executed this Agreement on
the day of , 1993.
CITY OF DENTON, TEXAS TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL RETARDATION
B le6l
v2L~l BY : ~
Ci y Manager '.,m issioner
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH,
CITY ATTORNEY
BY :
DENTON STATE SCHOOL
BY:
PAGE 3
EXHIBIT A
DENTON STATE SCHOOL PARK
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and being
part of the M.E.P. & P.R.R. Co. survey, Abst. No. 950 and also
being part of a tract of land as conveyed from G.A. Godfrey, et al
to The State of Texas by deed recorded in Volume 435, Page 12 of the
Deed Records of Denton County, Texas, and more particularly described
as follows:
Beginning at a point in the north boundary line bf said State
tract, said point also being the southwest corner of lot 6 and the
southeast corner of lot 7, Block 4, Briercliff Estates;
Thence east, along the north boundary line of said State tract,
same being the south boundary line of block 4, Briercliff Estates,
a distance of 785.16 feet to a point for a corner, said point being
the intersection of west right-of-way line of State School Road with
the south right-of-way line of Brighton Drive;
Thence south 10 54' west, a distance of 1022.30 feet to a point
for a corner;
Thence north 880 06' west a distance of 47.0 feet to a point for
a corner;
Thence north 350 24' 30" west a distance of 654 feet to a point
for a corner;
Thence north 740 53' 30" west, a distance of 279.58 feet to a
point for a corner;
Thence north 70 37' 24" west, a distance of 417.96 feet to the
place of beginning and containing 11.11 acres of land more or less.