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HomeMy WebLinkAboutR-1999-10-01RESOLUTION NO. 1999-10-01(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE ALLEN INDEPENDENT SCHOOL DISCTRICT FOR THE JOINT USE OF CERTAIN FACILITIES AT BOYD ELEMENTARY SCHOOL; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement by and between the Allen Independent School District (Allen ISD) and the City of Allen, Texas, for the joint use of certain facilities at Boyd Elementary School, a copy of which is attached hereto as Exhibit "A," and incorporated herein by reference; and, WHEREAS, Allen ISD is planning construction of a new pavilion at the school; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terns and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Allen, Texas; and, WHEREAS, the Agreement provides that the Allen Community Development Corporation agrees to provide $30,000 of its funds to Allen ISD for the construction of the pavilion at Boyd Elementary School. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2: The Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in this Agreement. SECTION 3: The City Secretary shall forward a certified copy of this Resolution to Jenny Preston, Superintendent, Allen ISD and City Manager, Peter H. Vargas, liaison to the Community Development Corporation. SECTION 4: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 10 DAY OF OCTOBER, 2001. APPROVED' ' Stephen Terrell, MAYOR ATTEST:'�X/�/ l/ r7O0v'_ Judy MaWrison, CMC/AAE, CITY SECRETARY RESOLUTION NO. 1999-10-01(R) Exhibit "A" INTERLOCAL AGREEMENT This AGREEMENT is entered into by and between the City of Allen, Texas, and the Allen Independent School District on the day of &6t*(.ln, , 2001, and is to witness the following: WHEREAS, the City of Allen ("City) and the Allen Independent School District ("District") desire to enter into an Interlocal Agreement for the joint use of certain facilities at Boyd Elementary School under the provisions of the Interlocal Cooperation Act, Article 4413(32c) Vernon's Revised Civil Statutes; and WHEREAS, the District is planning construction of a new pavilion at the school; and WHEREAS, the Allen Community Development Corporation ("CDC") has committed to make a sizeable contribution to construction of the new pavilion in exchange for use of the facility by citizens of the City; NOW, THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. The term of this Interlocal Agreement is for a minimum of one year, and thereafter will be reviewed by the parties annually, and automatically renewed for an additional year, unless one party or the other terminates the AGREEMENT by written notice given ninety (90) days prior to the end of each such year term. 2. That in consideration of this AGREEMENT and the benefits generated hereby to residents of the City, the CDC agrees to provide $30,000.00 of its fiords to the District for the construction of the pavilion at Boyd Elementary School. 3. The payments obligated by CDC to the District in the Boyd Elementary School Project Agreement shall be made from current revenues available to the CDC. 4. That provision of the pavilion for public use constitutes a governmental function and service as contemplated by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, that each party to this AGREEMENT is authorized to perform individually. 5. The pavilion will be for the primary use of the Boyd students and staff, but will be available for scheduling for public use during non -school hours by members and organizations of the community in accordance with rules and regulations to be established by the District in cooperation with the City. Such rules shall establish permissible types of uses, dates and times of use, user fees, deposits, supervision, and control of noise and light. Public use shall not interfere with school use by the Boyd students and staff. The District shall have sole 42629 RESOLUTION NO. 1999-10-01(R) Exhibit "A" responsibility for the repair, upkeep, maintenance, and operation of the pavilion. Any request to the City for public use of the pavilion will be forwarded to the District for review and approval, provided that the District may designate blocks of time and allow the City to schedule use during such times. Representatives of the District and the City shall meet not less than annually to review the calendar and prepare a tentative schedule for public use of the pavilion. 6. Bindine Aereement. The terms and conditions of this AGREEMENT are binding upon and inure to the benefit of the parties hereto. 7. Limitation on Liability. It is understood and agreed by the parties that the District, in the development of the project and satisfying the conditions of this AGREEMENT, is acting independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The District agrees to indemnify and hold harmless the City from all claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever, arising out of or in any way connected to the acquisition, construction, maintenance or operation of the project and any other of its obligations (but not the obligations of the other party) under this AGREEMENT, except to the extent caused by the acts or omissions of the City, or its agents, employees, contractors, representatives and licensees. Neither party shall be deemed to have waived any legal defense available to it, including governmental immunity. 8. No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture between the parties. The City, past, present and future officers, elected officials, employees and agents of the City do not assume any responsibilities or liabilities to any third party in connection with the acquisition or development of the project or its design, construction, maintenance or operation. 9. Access to Project. The District further agrees that the City and its agents and employees shall have a right to reasonable access to the project, upon reasonable advance written notice and subject to any security requirements, if any, to inspect the project in order to insure that the construction, operation and maintenance are in accordance with applicable Federal, State, and local laws and regulations. 10. Notice. Any notice required or permitted to be given or delivered hereunder shall be deemed received by the party to whom it is given three (3) business days after it is sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. 42629 RESOLUTION NO. 1999-10-01(R) Exhibit "A" If intended for the CITY Attn: City Manager City of Allen One Allen Civic Plaza Allen, Texas 75013 972/727-0100 972/727-0165 FAX With Copies to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 214/965-9900 214/965-0010 FAX If intended for the CDC: Attn: President Allen Community Development Corporation One Butler Circle Allen, Texas 75013 If intended for the District Bob Curtis Executive Director of Facilities Allen Independent School District Allen, Texas 11. Entire Aareement. This AGREEMENT is the entire AGREEMENT between the parties with respect to the subject matter covered in this AGREEMENT. There is no other collateral oral or written AGREEMENT between the parties that in any manner relates to the subject matter of this AGREEMENT, except as provided in the exhibits attached hereto. 12. Governine Law. This AGREEMENT shall be governed by the laws of the State of Texas; and, venue for any action concerning this AGREEMENT shall be in the State District Court of Collin County, Texas. 13. Amendment. This AGREEMENT may be amended by the mutual written agreement of the parties. 42629 RESOLUTION NO. 1999-10-01(R) Exhibit "A" 14. Leeal Construction. In the event any one or more of the provisions contained in the AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and it is the intention of the parties to this AGREEMENT that in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this AGREEMENT which is legal, valid and enforceable and is as similar in terns as possible to the provision found to be illegal, invalid or unenforceable. 15. Recitals. The recitals to this AGREEMENT are incorporated herein. 16. Survival of Obligations. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this AGREEMENT shall survive termination. 17. Gender. Words of any gender used in this AGREEMENT shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 18. Counterparts. This AGREEMENT may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 19. Representations of the District. The District hereby represents and warrants that it has full power to execute and deliver this AGREEMENT and to perform its terms, duties, and obligations and all of the foregoing has been duly and validly authorized by all necessary proceedings. This AGREEMENT constitutes a valid and binding obligation of the District, performable in all its particulars. In Witness whereof the parties hereto have executed this AGREEMENT in duplicate originals on the � day of 6 ;t,.&O h, , 2001 City of Allen, cas -2�0 By: MAYOR Cfff SWRETARY 42629 RESOLUTION NO. 1999-10-01(R) Exhibit "A" ALLEN EPE NT SCHOOL DISTRICT By: P SID ENT'BOARD OF TRUSTEES ATTEST: SE��, BOARD OF TRUSTEES SUP rl',TENDJWOFSCHOOLS 42629