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HomeMy WebLinkAboutItem 04 - Police, Fire, and Emergency Services for Rockledge Park ITEM # MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGE �J'✓ MEETING DATE: MARCH 3, 2009 SUBJECT: INTERLOCAL AGREEMENT WITH FLOWER MOUND FOR POLICE, FIRE AND EMERGENCY SERVICES FOR ROCKLEDGE PARK RECOMMENDATION: Staff recommends the Council approve an interlocal agreement with the Town of Flower Mound for Police, Fire and Emergency Medical Services for Rockledge Park. The agreement is attached for Council review. BACKGROUND: The Council approved a long-term lease agreement with the Corps of Engineers for Rockledge Park at the March 3, 2009 meeting. In taking over the management of the park, staff recommends the Council also approve an interlocal agreement with the Town of Flower Mound for Police, Fire and Emergency Services for Rockledge Park. The Town of Flower Mound took over the Police, Fire and Emergency Services from the City of Grapevine in December of 2000 in exchange for the Town of Flower Mound re- naming a street in far northeast Grapevine for a proposed development in that area. However, since the City of Grapevine is now taking over management of the park, staff recommends the City take over the Police, Fire and Emergency Services for the park. Staff recommends approval of the interlocal agreement with the Town of Flower Mound. DE February 25,2009(2:29PM) INTERLOCAL AGREEMENT BETWEEN THE TOWN OF FLOWER MOUND AND THE CITY OF GRAPEVINE FOR POLICE,FIRE AND EMERGENCY MEDICAL SERVICES AT ROCKLEDGE PARK WHEREAS,in an Interlocal and Boundary Adjustment Agreement entered into between the City of Grapevine, Texas (hereinafter called "City"), and the Town of Flower Mound, Texas (hereinafter called"Town"),on or about December 18,2000("the 2000 Agreement"),the Town and the City agreed, in part, in Section VII thereof, that the Town would provide police, fire and emergency medical services (other than a dive team)to Rockledge Park; and WHEREAS, after the adoption of the 2000 Agreement by the Town and the City, on or about April 16,2001,the Town and the City entered into a more detailed Interlocal Agreement("the 2001 Agreement")that further delineated the services that each party thereto was to provide relative to Rockledge Park; and WHEREAS,the City and the Town desire to enter into a new agreement for the provision of police, fire and emergency medical services to Rockledge Park located within the corporate city limits of the City,thereby terminating in full the 2000 Agreement and the 2001 Agreement and all respective responsibilities contained therein; and WHEREAS,the Interlocal Cooperation Act,found in Chapter 791 of the Texas Government Code,provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, police and fire protection services are a governmental functions and services within the meaning of the Act. 1 NOW,THEREFORE,THIS AGREEMENT is hereby made and entered into by the City n*, and the Town upon and for the mutual consideration stated herein: I. Effective no later than March 1,2009,the City hereby agrees to resume all responsibility for providing police,fire and emergency medical services in and for Rockledge Park,including but not limited to police patrol,enforcement of City municipal codes and ordinances,issuance of citations, and assistance with prosecution. II. The Town shall have no other responsibilities for the provision of police,fire and emergency medical services in and for Rockledge Park as of no later than March 1,2009. To the extent of any pending prosecutions or related law enforcement matters as of March 1, 2009, the Town agrees to fully cooperate with the City relative to such prosecutions and related law enforcement matters. III. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto,the signatories agree to submit such disagreement to mediation. IV. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action arising under this Agreement shall lie in either Denton County, Texas, or Tarrant County, Texas. V. This Agreement shall become a binding obligation on the signatories upon execution by all 2 signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same. VI. In the event that one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. EXECUTED this 101 of !- p '", 2008, by the Town of Flower Mound, Texas,pursuant to Town Council action dated Th.t. ,1t v 3t,y/ 1`s ,2008,and by the City of Grapevine, Texas, pursuant to City Council action dated , 2008. TOWN OF FLOWER MOUND, TEXAS CITY OF GRAPEVINE, TEXAS ird By: .,,.,,r '-v -- By: f ody/A . Smith William D. Tate 'r as:., Mayor Mayor 4 : AT ATTEST: iii Paula'Pasehal ti Linda Huff ,:,„ 30e b �ecretary City Secretary 3 APPROVED AS TO FORM: APPROVED AS TO FORM: PJ—A-Q-2.9N Terrence S. Welch John F. Boyle, Jr. Town Attorney City Attorney Town of Flower Mound, Texas City of Grapevine, Texas 4