2015-308ORDINANCE NO. 2015 -308
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF COPPERAS COVE,
TEXAS, TO PROVIDE FOR THE CITY OF DENTON PURCHASE OF A MODEL YEAR 2000
USED SCARAB WINDROW TURNER FOR THE CITY LANDFILL; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING A SAVINGS CLAUSE; PROVIDING
AN EFFECTIVE DATE (FILE 5894).
WHEREAS, the City of Denton Solid Waste Department located a used, serviceable
windrow turner, which will assist in the operations of the landfill, in particular in the
processing of liquid wastes prior to placing such waste on the face of the landfill; and
WHEREAS, the City of Copperas Cove, Texas has agreed to sell said windrow turner to
the City of Denton, Texas for a fixed price of $30,000 and such transaction is manifested by an
Interlocal Cooperation Agreement; and
WHEREAS, the City Council is of the opinion that such Interlocal Cooperation Agreement
is in the best interests of its Solid Waste Department, in order to more efficiently process and
dispose of liquid waste; and
WHEREAS, the City Council finds that the Interlocal Cooperation 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 City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Cooperation Agreement (hereafter the "Agreement "), under Section
271.102 of the Texas Local Government Code, and is further authorized to expend funds as
provided for in said Agreement; which Agreement is attached hereto, incorporated by reference
and made a part hereof.
SECTION 3. If any section, subsections, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such validity.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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Al' OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Page 7
The State of Texas
County of Denton
INTERLOCAL COOPERATION AGREEMENT
BETWEEN CITY OF DENTON, TEXAS AND CITY OF COPPERAS COVE, TEXAS
This Interlocal Cooperation Agreement (the "Agreement ") is made and entered into this 6 �' � be o,�Fc�c n `1'he
City of Denton, Texas, (hereinafter "City of Denton ") and the City of Copperas Cove, Texas (bereio�acfte.r'`' "City of Copperas
ras
Cove "), both entities being political subdivisions' of the State of Texas.
WHEREAS, both the City of Denton and the City of Copperas Cove have the authority to enter into this Agreement
pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter 791 of the Texas Government Code
providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and
mutual promises contained herein, agree as follows:
WHEREAS, the contract is made under the authority of Sections 791.001 — 791.029 of the Texas Government Code; and
WHEREAS, the City of Denton and the City of Copperas Cove represent that each are independently authorized to
perform the functions or services contemplated by this Agreement; and
WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental
functions hereunder shall make that performance or those payments from current revenues legally available to that
party;
WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit
of the public and that each party has the legal authority to perform and to provide the governmental function or service
which is the subject matter of this contract; furthermore, the governing bodies find that the contract is in the
common interest of both parties; and that the of cost fairly compensates the selling party for the equipment detailed
under this contract; and
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common
objectives relating to the health, safety, and welfare of the citizens of Texas, and in the interest of creating efficiencies and
saving the City of Denton and the City of Copperas Cove taxpayer funding through cooperation in the purchasing of the
equipment detailed within this contract; and
NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties
hereby agree as follows:
Recently, the City of Copperas Cove listed a 2000 Scarab Windrow Turner 12 Composter equipment for sale through
an authorized auction company with a minimum acceptable offer of $40,000. City of Denton staff was alerted to the
potential auction of the equipment, and contacted staff at the City of Copperas Cove in regards to the potential
purchase of the equipment. The equipment went through the entire auction process and received no bids. At the
conclusion of the auction, City of Denton staff requested to inspect the equipment to ensure it could be utilized in
current City of Denton landfill operations. The equipment was determine to have remaining useful life, and would need
some repairs to ensure increased longevity of the equipment.
2. Due to the necessity of repairs to the equipment, The City of Denton hereby agrees to purchase the 2000 Scarab
Windrow Turner 12 Composter equipment, for thirty- thousand dollars and no cents ($30,000).
3. The City of Copperas Cove hereby agrees to sell the 2000 Scarab Windrow Turner 12 Composter equipment, for thirty-
thousand dollars and no cents ($30,000).
4. Upon successful acceptance of this agreement, the City of Denton shall provide the City of Copperas Cove with a check
in the amount of $30,000, and the City of Copperas Cove shall provide the City of Denton with tide to the equipment,
and all maintenance records. The City of Denton will arrange for the equipment to be delivered to the City of Denton.
All payments shall be made in accordance with the statutory provisions of Texas Government Code, Chapter 2251.
5. Each entity shall ensure that all applicable laws and ordinances have been satisfied,
6. Effective Date and Term.This Agreement shall take effect upon execution by both signatories, and be in effect from
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the date of execution until the equipment has been transferred to the City of Denton.
7. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties.
Mutual consent will be demonstrated approval of each governing body of each party hereto. No modification to this
Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized
representatives of all parties.
8. Termination. By the City of Denton or the City of Copperas Cove. This Agreement may be terminated at any time by
the City of Denton or the City of Copperas Cove, with or without cause, upon thirty (30) days written notice to the
other parties in accordance with Paragraph 12 herein.
9. 'Hold Harmless. Where permitted by the constitution and laws of the State of Texas, the City of Denton and the City
of Copperas Cove agree to hold each other harmless from and against any and all claims, losses, damages, causes of
action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or
death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the
work done under this Agreement. The equipment is sold "as is" and without warranty expenses on implied.
10. 1111yalift. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other
tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or
provisions of this Agreement with legal terms and conditions approximating the original intent of the parties.
11. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein.
empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they
have authorization to sign on behalf of their respective corporations.
19. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a
waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of
either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed
waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any
other different or subsequent breach.
20. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
21. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any
party without the prior written approval of the other parties to this Agreement.
22. Force Majeure. Except for the obligation for the payment of money, if either party fails to fulfill its obligations
hereunder when such failure is due to an act of God, or other circumstance beyond its reasonable control, then said
failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the
parties to resume performance under this Agreement.
23. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
authorized officers the day and year first above written.
CITY OF DENTON, TEXAS
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BY: Geor e Campbell, -
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City Managc°r
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1TTEST
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N er ai Cr wrs, City Secretary
APPROVED AS TO LEGAL FORM
"AIiim BL)rp,c ss' City A4dorliv j "
CITY OF COPPERAS COVE, TEXAS
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BY:
Andrea M. Gardner, City Manager
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DATE:..
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FORM:
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