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HomeMy WebLinkAboutRES 1995-001 �;,� RESOLUTION NO. 95-01 �,,.,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF COLLEYVILLE, TEXAS TO PROVIDE PUBLIC SAFETY SERVICES (POLICE, FIRE AND EMERGENCY MEDICAL SERVICES) ON THE CAMPUS OF THE NEW GRAPEVINE/COLLEYVILLE INDEPENDENT SCHOOL DISTRICT HIGH SCHOOL LOCATED WITHIN THE CITY LIMITS OF GRAPEVINE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas desires to enter into an Interlocal Agreement with the City of Colleyville to provide public safety services (police, fire and emergency medical services) on the campus of the new Grapevine/Colleyville Independent School District High School located within the City limits of Grapevine; and WHEREAS, the City of Grapevine, Texas is authorized to enter into an interlocal � � agreement for public safety services pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791 . �� NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the City Council approves entering into an interlocal agreement for public services (police, fire and emergency medical services) on the campus of the new Grapevine/Colleyville Independent School District high school within the City limits of Grapevine in substantially the form attached as Exhibit "A". Section 2. That the City Manager is hereby authorized and directed to execute and take all necessary steps to consummate the interlocal agreement in substantially the form as shown in Exhibit "A". Section 3. That this resolution shall become effective immediately from and after its passage and approval by the City Council. � ,. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of �anuary , 1995. � APPROVED: William D. Tate Mayor ATTEST: < Lin Huff City Secretary APPROVED AS TO FORM: �- w ��-�'�� John F. Boyle, Jr. "'�`"' City Attorney �..,:., �� RES. NO. 95-01 2 STATE OF TEXAS ) � ) AGREEMENT COUNTY OF TARRANT ) �. ,: This Agreement made and entered into by and between the City of Colleyville, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Colleyville", and the City of Grapevine, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Grapevine", evidences the following: WHEREAS, Grapevine, and Colleyville desire to enter into an Agreement at the request of Colleyville for the provision of all Public Safety services to be provided by a single municipality on the campus of the New High School for Grapevine/Colleyville Independent School District, located on Heritage Road and further described in Exhibit A, hereinafter referred to as New High School, and WHEREAS, the Agreement shall only apply to those areas described within this Agreement; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791 , provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the term of the Act; and WHEREAS, Grapevine and Colleyville have agreed that Colleyville shall provide all � public safety services on the aforementioned new High School regardless of municipal boundaries between the two cities; and WHEREAS, public safety services are defined as all services, duties or functions performed by police, fire or emergency medical service (ambulance service) departments; and WHEREAS, No additional revenues are necessary to provide this service at the time of this Agreement; and WHEREAS, it is mutually advantageous to both parties to enter into the agreement evidenced by this Agreement; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as follows, The responsibility of each government entity is outlined below: 1 �: I. GRAPEVINE �° � Grapevine hereby agrees: 1 . To empower Colleyville to provide police, fire and emergency medical service (ambulance service) to the new High School in those areas that are within the Incorporated City Limits of Grapevine as described in Exhibit A. 2. To recognize Colleyville as the sole provider of such service unless Colleyville calls for assistance under other interlocal agreements between these cities that deal with shared resources in time of defined need. 3. To direct all telephone calls for police, fire or emergency medical service to Colleyville Police Dispatch to assure timely emergency response to the public. 4. That the only areas affected by this Agreement are those portions of existing or future campus of the new High School for Grapevine/Colleyville Independent School District described in Exhibit A. � 5. That this Agreement has no impact on the maintenance of any roadway, signal lighting, regulation of "curb cuts" or any other area that does not fall directly under the authority of the Colleyville Police Department; Colleyville Fire Department or personnel summoned by those emergency agencies to act at their direction specifically for the purpose of public safety. 6. That this Agreement must be specifically authorized independently of any other Agreement. Should any other city department of either municipality enter into any future Interlocal Agreements regarding this same location, this Agreement must specifically be repealed if any conffict is found to exist. This Agreement shall serve as the prevailing Agreement regarding police, fire and emergency medical service response. , 7. That all violations of State law or Grapevine City Ordinance that can be filed in a municipal court shall be enforced and 2 adjudicated in the Grapevine Municipal Court. 8. That all fees and fines collected through enforcement efforts by Colleyville be the sole property of Grapevine. �..>, The responsibility for the collection and other Court related matters shall be that of Grapevine. 9. That the selection of any contract wrecker service to be utilized in the performance of pub(ic safety duties shall be the responsibility of Colleyville. 10. That Colleyville shall have the same rights and privileges on the new High School as if the areas described were within the Incorporated City Limits of Colleyville. COLLEYVILLE Colleyville hereby agrees: 1 . To provide full police, fire and emergency medical services to the area defined in this Agreement. � 2. To be responsible for the collection of fines and fees for applicable law violations through the Grapevine Municipal Court. � 3. That this Agreement has no impact on the maintenance of any roadway signal lighting, regulation of "curb cuts" or any other area that does not fall directly under the authority of the Colleyville Police Department; Colleyville Fire Department or personnel summoned by those emergency agencies to act at their direction specifically for the purpose of public safety. 4. That the only areas affected by this Agreement are those portions of existing or future campus of the new High School for Grapevine/Colleyville Independent School District described in Exhibit A. 5. That this Agreement be specifically authorized independently of any other Agreement. Should any other city department of either municipality enter into any future Interlocal Agreements regarding this same location, this �' Agreement must specifically be repealed if any conflict is 3 found to exist. This Agreement shall serve as the prevailing '� Agreement regarding police, fire and emergency medical service response. �.._., I I. Grapevine authorizes Colleyville full authority as the sole provider of pofice, fire and emergency medical services within the City Limits of Grapevine on the new High School described in Exhibit A. II1. It is understood by both parties that the intent of this agreement is for provision of a single provider of public safety services to eliminate boundary confusion. It is further understood by both parties that this Agreement shall serve as clarification as to who shall have full authority and responsibi(ity to enforce law and file criminal cases that pertain to the new High School described in Exhibit A. IV. Each City does hereby waive all claims against and agrees to release every other City, � its police department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorney's fees which may arise due to any death or injury to any person, � or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents, officers and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expressly understood and agreed that, in the execution of this Agreement, no City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. V. This Agreement shall take effect upon the signing of both municipalities and shall be in full force and effect until terminated by either party. If any party wishes to terminate this Agreement, they shall notify the other party in writing with thirty days ' notice of termination. Any party may terminate this Agreement independently or both ,�. , 4 parties may mutuaily agree to terminate the Agreement. CITY OF GRAPEVINE CITY OF COLLEYVILLE �;�. � , � City Manager City Manager ATTEST: ATTEST: City Secretary, City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: � ` City Attorney City Attorney .n . APPnOVED BY CCU(��IL JAN 0 31g�5 5 �X�,bt�4 � �, . N 89'49'S2" 8 . ��v� � � � � O "-0 O � O � w + �p � N ' + � O N A � m m S 892 .95' W � N 8554'36' E _ \�. 833.71' P.O.�. � � s�aie i" = 200" .�. N � r N4 High School Complex , Ao � P � � � N � � / \ � N � � Gtt�e»PEv��� C�Tv L��t� \ � '� r � \\ ' � m „� . S 89'S5'40" W � �/ 1660.66' m V �Cou�Yviu.F Ci�r U�wi� " � -. I IQ��QC�a�1C��15� l�OG3 C�OI�L�C��(M�L�I�C� paOMUDCD �NJoL�O� �Ql�CS�� �C�G3d0(�C� ��G� �b� ��� �C���D �lo�a �c�boo� � � , EXHIBIT "A" (PAGE 2) Beginning at a found yellow capped 5/8" iron rod in the existing East line of Heritage Ave., and ►� being by deed, North a distance of 1074.5 varas and East a distance of 9 varas from the Southeast corner of the G. W. Minter Survey, A-1034, Tarrant County, Texas, said point being the Northwest corner of a tract of land conveyed to Ivan T�ll, Trustee as recorded in Vol. 5517, y Pg. 496 DRTCT, said point also being in the South Iine of a tract of land conveyed to Yancey- Camp Management Company by Deed Recorded in Vol. 7887, Pg. 73, Deed Records, Tarr�urt County, Texas; Thence South 89°53'07" West along the southerly line of Yancey-Camp, a distance of 24.95' to a PK nail found for the southwesterly corner of said Yancey-Camp and being to the centerline of Heritage Avenue (a proposed 90 foot wide right-of-way); Thence North 00°09'30" East along said centerline 403.50' to a PK nail found; Thence North 89°49'S2" East a distance of 852.92' to a 5/8" iron rod found; Thence South 00°09'44" East, 404.72 ' to a 5/8" iron rod found on the southerly line of said Yancey-Camp tract, said point being in the North line of said Ivan 'hill, Trustee tract; Thence North 89°54'36" East along the North line of said T�ll tract a distance of 833.71' to a found yellow capped 5/8" iron rod in the West Iine of State Highway No. 121 Service Road; Thence South 00°10'25" West along the West line of said State Highway No. 121 Service Road a distance of 524.66' to a found 5/8" yellow cappeci iron rod at the southeast corner of said tract, said point being the Northeast corner of a tract deeded to Shaharah Development Company, Inc., Trustee, recorded in Vo17226, Pg. 1038, Tarrant County Deed Records, said � point also being a corner in the common city limits line of the City of Colleyville and Grapevine as recorded in Vol 7040, Pg. 1644 DRTCT; Thence South 89°55'40" West, departing said westerly right-of-way line and along said common city limits line, for a distance of 1660.66' to a 5/8" capped iron rod found in the east line of said Heritage Ave.; Thence North 00°11'03" West along the East line of said Heritage Ave. departing the said city limits line and continuing a distance of 524.20' to the place of beginning and containing 27.935 acres (1,216,853 sq. ft.) of land, more or less.