Loading...
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.