RES 2002-09TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2002- 09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS REPEALING RESOLUTION 2001-23,
APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB
AND NORTHWEST INDEPENDENT SCHOOL DISTRICT ("NISD");
AND ADOPTING A NEW RESOLUTION APPROVING THE TERMS
AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND
BETWEEN THE TOWN OF TROPHY CLUB AND NISD; PROVIDING
TERMS AND CONDITIONS FOR THE JOINT USE OF A PORTION OF
THE LAND AT THE NEW 10 ACRE PARK AND SCHOOL DISTRICT
PROPERTY, AUTHORIZING EXECUTION OF THE AGREEMENT BY
THE MAYOR; 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, such as law enforcement, 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 Northwest Independent School
District ("District') providing terms and conditions for the joint use of a portion of the land at the
new 10 Acre Park and School District Property, a 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 of this
Resolution, 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 Mayor should be authorized to
execute the Agreement on behalf of the Town of Trophy Club subject to the conditions provided
herein; and
WHEREAS, Town Council previously approved the Agreement by passage of
Resolution 2001-23; however, subsequent to the passage of that Resolution, some of the terms of
the Agreement were revised and the nature of those revisions necessitate Council reviewing the
revised terms of the Agreement; and
WHEREAS, Town Council having reviewed the proposed revisions to the Agreement
and finding those revisions acceptable, hereby determines it to be in the best interest of the Town
of Trophy Club, Texas, to repeal Resolution 2001-23 in its entirety and to adopt this resolution
approving the new provisions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section I. Resolution 2001-23 is hereby repealed in its entirety and that the recitals
contained in the preamble of this Resolution are determined to be true and correct and are hereby
adopted as a part of this Resolution.
Section IL All statements contained in the Agreement are found to be true and correct
and are incorporated into the body of this Resolution as if copied in their entirety.
Section III. The Agreement shall be effective for a period of one (1) year following the
date of execution by both parties, and shall automatically renew for forty-nine (49) terms of one
(1) year each unless terminated earlier by either party as provided herein. Either party may
terminate the Agreement upon ninety (90) days prior written notice to the other party. All
payments made by each of the parties in the performance of its respective obligations under the
Agreement shall be made from current revenues legally available to each party respectively.
Section IV. The parties agree and understand that the duties and obligations set forth in
the Agreement serve as valid and binding consideration to support the Agreement. The parties
further understand and agree that neither this Agreement nor the use of property allowed by
either the Town or the District under the Agreement conveys any right, title or interest in such
property by or between the parties.
Section V. The terms and conditions of the Agreement and of this Resolution, 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 and its citizens, are hereby in all things approved.
Section VI. The Mayor 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 and in this Resolution.
Section VII. This Resolution shall become effective immediately upon its passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 4`h day of March 2002.
Mayor
'Town of'hrophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
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APPROVED AS TO FM:
Town Attorney
Town of Trophy Club, Texas