2004-335AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND THE CITY OF OAK POINT, TEXAS TO PROVIDE
TEMPORARY MUNIC~AL CLERK SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves an Interlocal Cooperation
Agreement between the City of Denton, Texas and the City of Oak Point, Texas
pertaining to temporary municipal clerk services, substantially in accordance with the
Interlocal Cooperation Agreement which is attached hereto and incorporated herein by
reference (the "Agreement"). The City Manager, or his designee, is authorized to execute
the Agreement on behalf of the City. The City Manager, or his designee, is authorized to
carry out the City's rights and duties under the Agreement. Any prior actions of the City
taken pursuant to the Agreement are hereby ratified.
SECTION 2. The City Council finds that the Agreement will benefit the City of
Denton and is in the public interest.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED ANDAPPROVEDthisthecT~/~dayof ~~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO~J~EGAL FO~flVI:
By - ~/~ / ~/~
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON AND CITY OF OAK POINT
THIS AGREEMENT is made and entered into by and between the City of Denton, Texas,
a home nde municipal corporation organi?ed and existing under the laws of the State of Texas,
hereinafter referred to as "Denton" and the City of Oak Point, Texas, a general law municipal
corporation organized and existing under the law of the State of Texas, hereinafter referred to as
"Oak Point".
WHEREAS, Oak Point is in need of the temporary use of a City of Denton employee,
Matthew Freeman (''Demon Employee"), to provide Oak Point with a tempora~ replacement for its
Municipal Court Clerk who is currently on maternity leave; and
WHEREAS, there is a public benefit to using the Denton Employee because he is
experienced in the duties of a municipal court clerk; and
WHEREAS, Denton and Oak Point desire into this agreement under the authority and
subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation
Act; and
WHEREAS, each party hereto is capable of performing the services provided for here'm,
and each party paying for the performance of governmental functions or services is making those
payments from current revenues available to the paying party and all payments are in an amount
that fairly compensates the performing party for the services or functions performed under this
agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
City of Denton ICA 1
The term of this Agreement shall commence retroactively from August 23, 2004 and shall
terminate on or before December 1, 2004 or until Oak Point's Municipal Court Clerk returns
from maternity leave whichever occurs later.
The Denton Employee will remain an employee of Denton, but will report to duty each
work day under the supervision and control of the Oak Point City Manager. For the services of
the Denton Employee, Oak Point will reimburse Denton the sum of $ 518.80 per week. In
addition, should Denton in the future need similar temporary employee services from Oak Point,
Oak Point will provide such services to Denton on the same or similar basis.
This Agreement may be terminated in whole or in part by Denton or Oak Point upon
thirty (30) days' wfittan notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this agreement through no fault of the terminating
party: No such termination may be affected unless the defaulting party is given: (1) written notice
delivered by certified mail, return receipt requested of intent to terminate setting forth the
substantial failure to perform; and (2) not less than thirty (30) calendar days to cure the failure;
and (3) an opportunity for consultation with the terminating party prior to termination. :
For Denton:
For Oak Point:
Michael A. Conduff, City Manager
City of Denton
City IaU
215 E. McKinney Street
Denton, Texas 76201
Julie M. Johnston
City Manager
City of Oak Point
100 Naylor Road
Oak Point, Texas 75068
City of Denton ICA 2
The covenants, conditions and terms hereof are to be construed under the laws of the
State of Texas and are performable by all parties in Denton County, Texas. The patties mutually
agree that venue for any obligation arising from this Agreement shall lie in Denton County,
Texas.
This writing is intended by the parties as a final expression of their agreement and as a
complete and exclusive statement of the terms of their agreement. This Agreement can be
modified only by writing signed by both of the parties or their duly authorized agents.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither Denton nor Oak Point waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims arising by third
parties.
VII.
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.
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto and each party hereby certifies to the other that any and all necessary resolutions extending
said authority have been duly passed and are now in full force and effect.
City of Denton ICA 3
EXECUTED in ~iplicate originals.
OAK POINT
City of Oak Point
By: ~ -
Jt~ie ~. Jolmsto~
Cit~I~anager
DENTON
City of Denton, Texas
City Manager
ATTEST:
~Vlary~Betl~o~las, City Secretary
Gary E. Da~, City Attome,~
ATTEST:
JENNIFER WALTERS, CITY
SECRETARY
~PROVED ^s TO FOra
HERBERT L. PR~TY/CITY
ATTORSEy,...,/'_...,. A..
BY:
City of Denton ICA 4