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RES 2000-39TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2000-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE TROPHY CLUB-WESTLAKE DEPARTMENT OF PUBLIC SAFETY ("DPS"); PROVIDING TERMS AND CONDITIONS FOR REIMBURSEMENT TO THE TOWN BY DPS FOR THE COSTS OF CONSTRUCTING A TEMPORARY EMERGENCY VEHICLE ACCESS ROAD PURSUANT TO AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND DENTON COUNTY; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE TOWN MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof: and WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation Agreement by and between the Town of Trophy Club, Texas, and the Trophy Club -Westlake Department of Public Safety ("DPS") providing terms and conditions for reimbursement to the Town by DPS for the costs of constructing a temporary emergency vehicle access road pursuant to an interlocal agreement between the Town of Trophy Club and Denton County, a substantial copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement'); and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the Town Council is of the opinion that the terms and conditions thereof should be approved, and that the Town Manager should be authorized to execute such Agreement on behalf of the Town of Trophy Club. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The terms and conditions of the Agreement, having been reviewed by the Town Council of the Town of Trophy Club and found to be acceptable and in the best interest of the Town of Trophy Club and its citizens, are hereby in all things approved. Section 2. The Town Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the Town of Trophy Club, substantially according to the terms and conditions set forth in the Agreement. Q.A'ro WNSECAPending Resolutions\res temp road TC-DPS.doe Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of December, 2000. U' a, -I 1 Marsl Ella Ella nl gelbeck, Mayor Town of Trophy Club, Texas ATTEST: Diane Cockrell,(own Secret Town of Trophy tub, Texas [Seal] APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas INTERLOCAL COOPERATION AGREEMENT BETWEEEN THE TOWN OF TROPHY CLUB AND THE TROPHY CLUB-WESTLAKE DEPARTMENT OF PUBLIC SAFETY FOR THE REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF A TEMPORARY EMERGENCY ACCESS ROAD THIS AGREEMENT is made and entered into the date upon which all parties signed this document, by and between the Town of Trophy Club (the "TOWN"), Texas, and the Trophy Club -Westlake Department of Public Safety (the "DPS"), for purposes of reimbursement by the DPS to the TOWN of costs for the construction of a temporary, emergency access road (the "AGREEMENT"). WHEREAS, the TOWN and DPS are local governmental entities, both of whom have the authority to perform the activities set forth in this AGREEMENT individually, and who mutually desire to enter into an interlocal cooperation agreement, as provided for in Chapter 791 of the Texas Government Code (Vernon 1994) in order to maximize the benefits to the citizens of Denton and the TOWN to be derived from each taxpayer and/or ratepayer dollar expended; and WHEREAS, the TOWN and DPS represent that all payments made in connection with governmental functions provided for by this AGREEMENT, shall be made from current revenues available to DPS in accordance with the provisions of Section 791.011(d)(3) of the Texas Government Code; and that the payments received by the TOWN hereunder are adequate and fairly compensate the TOWN for the functions performed, in accordance with the provisions of Section 791.011 (e) of the Texas Government Code; and WHEREAS, the Interlocal Cooperation Act, now contained in Chapter in 791 of the Texas Government Code (Vernon 1994), authorizes the TOWN and DPS to enter into this AGREEMENT for the purpose of achieving the governmental functions and providing the functions represented by this collective, cooperative undertaking; and Page 1 Q:ATOWNSECAPending ResolutionsVILA temp road TC—DPSdoc WHEREAS, plans have been made for the construction by Denton County of a temporary emergency vehicle access road (the 'ROAD") within the TOWN's municipal boundaries; and as described in the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Trophy Club, Texas, (hereinafter "DENTON INTERLOCAL"), which is incorporated herein by reference. WHEREAS, the TOWN and DPS desire to enter into this Interlocal Agreement to provide for the reimbursement to the Town of the costs associated with the DENTON INTERLOCAL; and NOW THEREFORE, the TOWN and the DPS, for and in consideration of the premises and the mutual promises and covenants set forth in this Interlocal Cooperation Agreement, and pursuant to the authority granted by the respective governing bodies of each of the parties hereto, in accordance with Section 791.011(d)(1) of the Texas Government Code, do hereby agree as follows: I. RECITALS All matters stated in the preamble are found to be true and correct and are incorporated into the body of this AGREEMENT as if copied in their entirety. II. OBLIGATIONS OF THE PARTIES The TOWN and the DPS agree to participate jointly in the construction of a temporary emergency vehicle access road, as follows: The TOWN agrees to enter into an interlocal agreement with Denton County wherein the County shall construct the ROAD and the TOWN agrees to fund 100% of all right-of-way acquisitions, engineering costs and road construction expenses for completion of the ROAD. Page 2 Q:ATOWNSECAPending ResolutionsAtLA temp road TC-DPS.doe The DENTON INTERLOCAL also requires the TOWN to fund and perform all necessary maintenance on the ROAD once completed. The DPS shall reimburse the TOWN for all costs related to the construction and maintenance of the ROAD and for which the TOWN is responsible under the DENTON INTERLOCAL. The costs for the construction of the ROAD are itemized on Exhibit "A". a copy of which is attached hereto and incorporated herein for all purposes. The DPS shall make payment to the TOWN within fifteen (15) days of notice by TOWN that such payment is due. Interest shall accrue on past due amounts at the maximum rate allowed by law. III. TERM The parties to this AGREEMENT agree to cooperate to sign and deliver any other documents that may be necessary or appropriate to implement the provisions of this Interlocal Agreement. This Interlocal Agreement shall only terminate upon the DPS's full and final payment of its obligations as provided for herein, or upon the one-year anniversary date of this AGREEMENT, at which time the AGREEMENT will renew for an additional period of one year unless terminated earlier as provided herein. The TOWN may terminate this AGREEMENT upon thirty (30) days prior written notice. IV. ENTIRE AGREEMENT This AGREEMENT represents the entire and integrated AGREEMENT among the parties relating to this matter and supersedes all prior negotiations, representations and/or agreements, either written or oral. This AGREEMENT may be amended only by written instrument signed by all parties to this AGREEMENT. Page 3 Q:ATOWNSECAPendine ResolutionALA temp road TC-DPS.doc V. VENUE The validity of this AGREEMENT and of any of its terms or provisions, as well as the rights and duties of the parties to the AGREEMENT, shall be governed by the laws of the State of Texas. This AGREEMENT is performable in Denton and Tarrant County, Texas, and venue of any dispute arising under or relating to this AGREEMENT shall be in either Denton or Tarrant County, Texas. VI. SEVERABILITY If any clause, paragraph, section or portion of this AGREEMENT is found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT remains in full force and effect and the parties shall be deemed to have contracted as if that clause, section, paragraph, or portion had not been in the AGREEMENT. VII. AUTHORITY TO EXECUTE AGREEMENT Each party hereby certifies to the other parties that the execution of this AGREEMENT has been authorized by the governing board of the certifying party in accordance with applicable law and the rules of such party and that the undersigned officers and/or agents of the certifying party are the properly authorized officials and have the necessary authority to execute this AGREEMENT on behalf of such party. Page 4 Q:ATOWNSECAPending ResolutionsVILA temp road TC-DPS.doc VIII. MULTIPLE COUNTERPARTS This AGREEMENT is signed by the parties in multiple counterparts. This AGREEMENT is dated and effective as of the date of the last party to sign as indicated on their signature lines below. TOWN OF TROPHY CLUB, TEXAS Attest: /' By: ! G OZy�4e Date: Approved as to Form: By :j �,ll' �i.y!_.�((;oj'a za" Date: la -5-0c' P a a e 5 Q:ATOWNSECAPending ResolutionALA temp road TC-DPS.doe TROPHY CLUB-WESTLAKE DEPARTMENT OF P UBLIC SAFETY ;B; Date: Attest: ByC6�U L .�E Date:_