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