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HomeMy WebLinkAbout1998-114ORDINANCE NO -11 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL COOPERA- TION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO PROVIDE FOR THE WIDENING OF MAYHILL ROAD FROM MILLS ROAD TO MCKINNEY STREET AND RELATED IM- PROVEMENTS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Denton Independent School District ("District") is developing its real estate located on Mayhill Road within the limits of the City of Denton, and WHEREAS, the City's Subdivision Rules and Regulations require that the District make certain improvements to Mayhill Road, including widening Mayhill Road and related drainage improvements, hereinafter referred to as the "Project", and WHEREAS, the City has identified Mayhill Road as one on its Master Thoroughfare Plan requiring certain improvements, and WHEREAS, the City and the District desire to cooperate to make improvements on May - hill Road and to complete the Project, which will involve the District providing $377,670 toward financing the Project, and WHEREAS, the City Council deems it in the public interest to approve this Interlocal Agreement, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the Interlocal Cooperation Agreement for Road Improvements between the City of Denton and the Denton Independent School District for the widening of Mayhill Road from Mills Road to McKinney Street, with related drainage improvements, substantially in the form of the attached Interlocal Cooperation Agreement which is made a part of this ordinance as if wnt- ten word for word herem SECTION II, That the City Manager is hereby authorized to make the expenditures re- quired in the Interlocal Cooperation Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval q `�L PASSED AND APPROVED this the O�` day of / G , 1998 JAC ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F\ehnredWept\L04\Our Dm menb\0rdmmcec\99\widen mnyhdl and dm Page 2 STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as "City" and the Denton Independent School District, a political subdivision of the State of Texas, hereinafter referred to as "District" for purposes of the completion of certain road improvements, hereinafter referred to as the "Project " WHEREAS, the District is developing its real estate located on Mayhill Road within the limits of the City, and WHEREAS, the City's Subdivision Rules and Regulations require that the District make certain improvements to Mayhill Road, including widening Mayhill Road and drainage improvements, hereinafter referred to as the Project, and WHEREAS, the City has identified Mayhill Road as one on its Master Thoroughfare Plan, requiring certain improvements, and WHEREAS, City and District value the early completion of the Project, and WHEREAS, City and District mutually desire to be subject to the provisions of V T C A, Government code, chapter 791, the Interlocal Cooperation Act, and WHEREAS, both City and District are governmental bodies with the authority to perform the services set forth in this Agreement individually and in accordance with TEX GOV'T CODE arm §791 011(c)(2), and WHEREAS, the District will make all payments for services out of available current revenues and the City agrees that the payment and other consideration given by District hereunder will fairly compensate it for the services performed, and WHEREAS, City desires the participation of District in the Project as authorized by law, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows The term of this Agreement shall commence on March 1, 1998, and shall end on March 31, 1999, unless sooner terminated as provided in the succeeding provisions hereof H2a-4 II The Project is described as follows in the City of Denton, Texas, widening of Mayhill Road from Mills Road to McKinney Street, including drainage improvements, as required by the City's Subdivision Rules and Regulations, and including all surveying, engineering, and construction It is expressly agreed and understood that all of District's obligations pertaining to Mayhill Road improvements with relationship to the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project III Pursuant to V T C A , Government Code Section 791011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets and drainage are performed The parties hereto further agree that each of them is authorized to perform the functions and services individually IV In consideration of the City's performance of the obligations set forth herein, as evidenced by the signature of the District's representative below, the governing body of the District by the execution of and approval of this Agreement approves of and agrees to the expenditure of District money to participate in or to fund three hundred seventy-seven thousand six hundred seventy dollars ($377,670 00) toward financing the improvement of a street that is located in the City under the Project described in Section II above V In performance of this Agreement, City agrees to assume responsibility for securing all necessary surveying, engineering, and construction services related to the Project City further agrees that it shall be solely responsible for securing all necessary surveying, engineering, and construction services related to the Project City further agrees that it shall be solely responsible for payment of all expenses related to completion of the Project City shall seek reimbursement for expenses related to the completion of the Project from District as set forth below VI As City proceeds in the completion of the Project, it shall submit to Mr Curtis Martin, at 909 Linden, Denton, Texas 76201, invoices by the last day of the month for reimbursement, and District shall reimburse City for all expenditures related to this Project within ten (10) days of receipt of these invoices Attached to this Agreement is a certification by the District that the District has the sum of three hundred seventy-seven thousand six hundred seventy dollars ($377,670 00) set aside and approved by the District's School Board to be expended for the Project that is the subject of this Agreement Reimbursement from District to City shall not Page H2a-5 exceed the sum of three hundred seventy-seven thousand six hundred seventy dollars ($377,670 00) VII In performance of this Agreement, District agrees to assist City in expediting the completion of the Project If, as construction of the Project proceeds, City determines it prudent to close Mayhill Road, District consents to the closure In further performance of this Agreement, District agrees to reimburse City, from its current revenues, a sum not to exceed that stated above VIII This Agreement may be terminated in whole or in part by District or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party Provided, however, that no such termination may be affected unless the defaulting party is given (1) written notice delivered by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform, (2) not less than thirty (30) calendar days to cure the failure, and (3) an opportunity for consultation with the terminating party prior to termination In the event of termination by the District, District shall reimburse City for all invoices submitted up to and including the date of termination Notices shall be directed as follows CITY Ted Benavides City Manager City of Denton 215 East McKinney Denton, Texas 76201 IX DISTRICT Jean Schaake President, Board of Trustees Denton Independent School District P O Box 2387 Denton, Texas 76202 The covenants, conditions, and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton, Denton County, Texas 13 This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement This Agreement can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents Page x2a-6 XI This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither District nor City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims ansmg by third parties, including, without limitation, the defense of governmental immunity XII 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 The undersigned officers 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 and all necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals this theoWl0day of 1998 DISTRICT Denton Independent School District P O Box 2387 Denton, Texas 76202 BY c� Jean Schaake President of the Board of Trustees of the Denton Independent School District ATTEST 11/ CITY City of Denton, Texas 215 East McKinney Denton, Texas 76201 BY Jac l i r Ma r ATTEST Jennifer Walters, City Secretary BY J�i Page x2a-7 APPROVED AS TO FORM DISD Attomey BY I t& \\CH LGUVOLI\chemdWept\LGL\Ow Dm mmw\ContmU\DISD Mayhill wtdm w ftwt d APPROVED AS TO FORM Herbert L Prouty, City Attomey Page 112a-8