Loading...
2003-121ORDINANCE NO. ~2t~f-/~'~ / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO TWO INTEKLOCAL AGREEMENTS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON INDEPENDENT SCHOOL DISTRICT DATED MAY 15, 2001 AND MAY 14, 2002 PERTAINING TO AN AQUATIC CENTER, IN ORDER TO AUTHORIZE THE CITY'S CONSTRUCTION, OPERATION, MANAGEMENT AND MAINTENANCE OF A SKATE PARK ON A PORTION OF THE AQUATIC CENTER PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE 'DATE. WHEREAS, the City of Denton ("CITY") and Denton Independent School District ("DISD") have previously entered into an Interlocal Agreement dated May 15, 2001 (the "Interlocal Agreement") to provide for the construction, maintenance and operation of an Aquatic Center and an Operations Agreement dated May 14, 2002 to provide for the maintenance, management, operation, and usage of the Aquatic Center after it is constructed (the "Operations Agreement")(the Interloeal Agreement and Operations Agreement are collectively called the "Interlocal Agreements"); and WHEREAS, the CITY and DISD desire to enter into an amendment to the Interlocal Agreements to authorize the CITY's construction, operation, management and maintenance of a skate park on a portion of the Aquatic Center Property, a copy of which is attached hereto and made a part hereof by reference (the "Amendment"); and WHEREAS, the City Council finds that the Amendment is in the public interest, NOW, THEREFOR, 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 Council hereby approves the Amendment and authorizes the Mayor, or in her absence the Mayor Pro Tem, to execute the Amendment on behalf of the City. SECTION 3. The expenditure of funds as set forth in the Amendment are hereby authorized. SECTION 4. passage and approval. //. PASSED AND APPROVED this the /~-/' day of EULINE BROCK, MAYOR This ordinance shall become effective immediately upon its · 2003. S:\Our Documents\Ordinances\03kSkate Park Amendment.doe ATTEST: JENNIFER WALTERS, CITY SE~CRETARY S:\Our Documents\Ordinances~03\Skate Park Amendment.doc AMENDMENT TO INTERLOCAL AGREEMENTS TillS AGREEMENT is made and entered into by and between the DENTON INDEPENDENT SCHOOL DISTRICT (hereinafter "DISD"), organized and existing under the laws of the State of Texas, and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the authority of their respective governing bodies; and WHEREAS, DISD and CITY have heretofore entered into that certain Interlocal Agreement dated May 15, 2001 to provide for the construction of an Aquatic Center (the "Interlocal Agreement"); and WHEREAS, DISD and CITY have heretofore entered into that certain Operations Agreement dated May 14, 2002 to amend the Interlocai Agreement to provide for the maintenance, management, operation, and usage of the Aquatic Center (the "Operations Agreement")(the Inteflocal Agreement and Operations Agreement are collectively called the "Inteflocal Agreements"); and WHEREAS, DISD and CITY are joint owners as tenants in common of the approximate 17 acres of land upon which the Aquatic Center is located (the "Property"); and WHEREAS, the CITY is desirous of constructing, operating, managing, and maintaining at its sole expense a skate park (the "Skate Park") to be located in the southwest comer of the Property adjacent to the water park pump house as shown on Exhibit "A" attached hereto and made a part hereof by reference (the "Skate Park Property"); and WHEREAS, DISD and CITY have entered into this agreement (the "Agreement") to amend the Interlocal Agreements to provide for the CITY's use of the Skate Park Property for the construction, operation, management, and maintenance of the Skate Park; and NOW THEREFORE, for and in consideration of the premises and the mutual covenants set forth herein, including the benefits received by the DISD in having the Skate Park located adjacent to the Aquatic Center, the sufficiency of which is hereby acknowledged, DISD and the CITY do hereby agree as follows: ARTICLE I INCORPORATION OF PREAMBLES All matters and recitations stated in the preamble of this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. Denton Independent School District & City of Denton Amendment to Interlocal Agreements Page 1 ARTICLE II PURPOSE The purpose of this Agreement, as described in the preamble, is to evidence the agreement of the DISD and CITY to allow the CITY the authority to construct, operate, manage, and maintain the Skate Park on the Skate Park Property. ARTICLE III TERM The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement (the "Effective Date") and shall continue until the Interlocal Agreement is terminated. ARTICLE IV AMENDMENT The Interlocal Agreements are hereby amended to add the following provision: "Nothwithstanding anything contained in the Interlocal Agreements to the contrary, the CITY is authorized to construct, operate, manage, and maintain the Skate Park on the Skate Park Property at its sole cost and expense. All revenues derived from the Skate Park shall belong to the CITY, and may be used or distributed by the CITY for any public purpose in the sole discretion of the CITY. DISD will not be responsible for any costs or expenses associated with the construction, operation, management, or maintenance of the Skate Park, nor shall it have any authority or responsibility to do so. All Skate Park improvements shall be the sole property of the CITY. DISD will not be entitled to any rant or other fee or charge for the CITY's use of the Skate Park Property. The usage of the Skate Park and the Skate Park Property, and any fees to be charged for such usage, shall be determined by the sole discretion of the CITY. The CITY is authorized to name the Skate Park. This provision shall be construed as DISD granting CITY permission to use the Skate Park Property for those activities described in Section 75.002(e)(2) of the Texas Civil Practice & Remedies Code (the "Code") as an owner of real property as described under Section 75.002(c) of the Code. The CITY shall post the warning sign on the Skate Park Property as required by Section 75.002(g) of the Code. Section 12.13 of the Interlocal Agreement is amended to add the following: "Except to the extent that CITY has governmental immunity and then only to the extent permitted by applicable law, the CITY agrees to indemnify and defend DISD, its trustees, officers and employees against any and all claims, demands, causes of action, costs and liabilities, including reasonable attorneys fees and court costs, arising out of, or resulting from the CITY's negligent act or omissions pertaining to its construction, operation, management and maintenance of the Skate Park. Further, DISD shall not be liable for any property damage to the Skate Park or any related facilities. Denton Independent School District & City of Denton Amendment to Interlocal Agreements Page 2 The provisions of this Section are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise to any third person or entity." ARTICLE V MISCELLANEOUS This Agreement is intended to supersede and amend all provisions of the Inteflocal Agreements pertaining to Skate Park Property that conflict with this Agreement. All other terms and conditions of the Inteflocal Agreements not amended or revised by this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Denton Independent School District has caused this Agreement to be executed by its duly authorized President of the Board of Trustees; and the City of Denton, Texas has caused this, Interlocal Qperations Agreement to be executed by its duly authorized Mayor on this the t/~//[ day of ?/~, ,/Z~ ,2003. DENTON INDEPENDENT SCHOOL DISTRIt~ Jean Schaake President of the Board of Trustees ATTEST: Secretary of the Board of Trustees CITY OF DENTON Euline Brock, Mayor Denton Independent School District & City of Denton Amendment to Interlocal Agreements Page 3 ATTEST: q~nnifer Walters, City Secre(ary Approved as to legal form: Herbert L. Prouty, City Attorney By: .~ Denton Independent School District & City of Denton Amendment to Interlocal Agreements Page 4 Proposedl S.kate Park Lo(~abon Exhibit A l ono Road ~re Sports Proposed Skate ium Page 1 of 2 ~0.00' '1 GA. V1NYL,- C{ SEE'., Page 2 of 2 ~ I ~-~.z~ TEA GUE NALL AND PE~ DA~ FORT ~R~. ~XA5 76102 UAE 2003J 940-383-4177 214-~61