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HomeMy WebLinkAbout2015-0721 ILA - District participation with Town of TC 4th of July festivitiesINTERLOCAL COOPERATION AGREEMENT FOR JULY 4TH COMMUNITY EVENT THIS AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS a home rule municipality located in Denton and Tarrant Counties of the State of Texas, hereinafter referred to as "TOWN" and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code, hereinafter referred to as "DISTRICT" with TOWN AND DISTRICT collectively referred to herein as "Parties." WHEREAS, TOWN is a duly organized political subdivision of the State of Texas engaged in the administration of municipal government and related services for the benefit of the citizens of the Town ofTrophy Club; and WHEREAS, DISTRICT is a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code, organized and operating under the laws of the State of Texas and is engaged in the provision of water and sewer services and fire protection services for the benefit of the citizens pf DISTRICT; and WHEREAS, TOWN annually hosts an event for all of the residents of the TOWN and DISTRICT to celebrate the 4th of July; and WHEREAS, DISTRICT also hosts community events for the benefit of its residents and the residents of TOWN; and WHEREAS, it is agreed by TOWN and DISTRICT to be of mutual interest and advantage to the residents of both DISTRICT and TOWN for the Parties to host a fireworks display for the 4th of July event; and WHEREAS, the Parties agree that as governmental entities each has the authority to host community events for the benefit of DISTRICT and TOWN residents and that during the performance of this governmental function all costs associated will be paid from current revenues legally available to each party; and WHEREAS, the governing bodies of each of the Parties find that this Agreement serves the common interest of both parties, will benefit the public and that the division of costs for the fireworks display at the 4th of July event fairly compensates all parties to this Agreement for the benefits received; and Page 1 of 4 WHEREAS, TOWN and DISTRICT mutually desire to be subject to an agreement pursuant to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, and Texas Local Government Code, Chapter 352, and NOW, THEREFORE, TOWN and DISTRICT, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The payment rendered by DISTRICT to TOWN hereunder as more specifically set forth m Paragraph II of this Agreement shall be for the July 4, 2015 celebration event, and DISTRICT's obligations under this Agreement shall cease following payment to TOWN. TOWN'S obligations to DISTRICT under this Agreement shall be as set forth in Paragraph II of this Agreement and shall cease on July 5, 2015. II. OBLIGATIONS TOWN shall submit to DISTRICT an invoice showing the total cost of the fireworks display for the July 4, 2015 event, and DISTRICT shall pay TOWN the sum of TEN THOUSAND AND N0/100 DOLLARS ($10,000.00) on or before July 16 , 2015 as the DISTRICT's share of the cost of the display. In consideration for DISTRICT's payment, TOWN shall prominently feature DISTRICT's logo on the Patriot 5K and Fun Run T-Shirts, invite all DISTRICT Directors to participate in the Parade of Patriots, shall provide and display a 4x6 banner with DISTRICT's logo carried by volunteers near the beginning of the parade line-up for the Parade of Patriots, and shall provide and display a 4x6 banner acknowledging DISTRICT as an event contributor, which banner shall be displayed from the event stage. III. GOVERNMENTAL IMMUNITY The TOWN and DISTRICT agree that the cross-promises hereunder are made for the furtherance of a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither DISTRICT nor the TOWN waive nor shall be deemed hereby to waive, any immunity or defense that would Page 2 of4 otherwise be available to it against claims arising from the exercise of government powers and functions. Furthermore, the parties acknowledge that the TOWN is the organizer and host of the 4th of July event with care and control over the event; therefore, to the extent allowed by law,. the TOWN agrees to indemnify the DISTRICT for any liability that arises as a result of the fireworks display or any other part of the 4th of July event. IV. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between DISTRICT and TOWN and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both DISTRICT and the TOWN. v. JOINT VENTURE AND AGENCY The relationship between the parties to this Agreement does not nor shall it be deemed to create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. VI. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. VII. SEVERABILITY 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. VIII. AUTHORITY The undersigned officer 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 necessary actions have been taken by its respective governing body to approve this Agreement prior to its execution. Page 3 of 4 IX. EFFECTIVE DATE This Agreement shall become effective upon approval and execution by each party hereto. EXECUTED in triplicate originals on the dates set forth below. TOWN OF TROPHY CLUB Trophy Club, Texas 100 Municipal Drive Trop~ By ~~ C. Nick Sanders, Mayor APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Page 4 of 4 DISTRICT Trophy Club Municipal District No.I 100 Municipal Drive :~ph~2 Jim M&feSideilt DATED: __________________ __ APPROVED AS TO FORM: , ~ttorney for DISTRICT