2012-334s:\legallour documents\ordinances1121denton county intedocal 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 �
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PASSED AND APPROVED this the 'f' — day of /' ,�12.
GHS, MAYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I: �/� ' t/ L �� / ,
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: , � �� .
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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 Ciiy of Denton, Texas, a duly organized municipality existing under the laws of
the State of Texas, hereinafter "the City." The C�unty and the City are collectively referred to
herein as "the Parties." The purpose of this Agxeement 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
and
WHEREAS, the Waide Road Bridge is a locally historic bridge located in the County;
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:
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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 finds 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-reloca�io��sitE;-r•e�ere����g� t�� 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 tliemsel`ves to be empioyees, servants, agents or
representatives of the County.
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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
unmunity 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
Agreeinent 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 prQUisions,,: as:,we11 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 agreem.ent on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolu.t�ons extending,. said auth.ority
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:
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For the City: Honorable Mark Burroughs; Mayor
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, 2"d 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 `�` �� day of � , 201Z.
DENTON COUNTY, TEXAS
110 West Hickory
Denton,�'�s 76201 -
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By' - � , � � � /f�,
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CITY OF DENTON, TEXAS
215 E. MeKinney
Denton, Texa� 76201_ ,
Ho�i ora`�le l�l�-Burroughs ��jn
Mayor of the City of Denton, Texas ��
Acting on behalf and by the authorit�,aa�s���++Ptpr,,, Acting on behalf and by the authority
The Commissioners Court of �,��`�''�55�� N; �'� �''��, of the City of Denton,
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Denton Couniy Texas ' ;* `��� ,°''' � � �' •C�c•�enton County Texas
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ATTEST: �, Q ` � � �
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By: ° ' � ,, :��,�,,,�y; ',
Denton County r °s�,.,�'/! ��v n 01� �,� �,��.�'�` City S cretary
398891
APPRO D AS RM:
By:
Assistant ' trict Attorney
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APPRO�TED AS TO FORM:
B �; i �
y� (�A i -'f-� �-�.� �-v7�r.., _i
City Attorney �
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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 adv'ised of'the donation of the Waide Road B'rid'ge, 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 a11 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 � ��
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By: �����������_
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Presiding Otficer�f�fhe benton
County Commiss�'�ers Court
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