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HomeMy WebLinkAbout1996-164E \WPDOCS\ORD\MCRINNEY IMP ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR IMPROVEMENTS TO MCKINNEY STREET, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 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 an Interlocal Cooperation Agreement for Road Improvements Between the City of Denton and Denton County for improvements to McKinney Street, a copy of which is attached hereto and incorporated by reference herein SECTION II That the expenditure of funds as required in the attached agreement is hereby authorized SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the At day of 1996 JACg MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 942 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS 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 Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the completion of certain road improvements, hereinafter referred to as the "Project " WHEREAS, County is developing its real estate located on McKinney Street within the limits of City, and WHEREAS, City's Subdivision Rules and Regulations require that County make certain improvements to McKinney Street, including widening of McKinney Street and drainage improvements, the Project, and WHEREAS, City has identified McKinney Street as one on its Master Thoroughfare Plan, requiring certain improvements, and WHEREAS, widening of McKinney Street has been placed on the Texas Highway Department's list of future projects, and WHEREAS, City and County value the early completion of the Project, and WHEREAS, City and County mutually desire to be subject to the provisions of V T C A, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, City desires the participation of County in the Project as authorized by V T C A, Transportation Code, Section 251012, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows ICA Denton McKinney I The term of this Agreement shall commence on October 1, 1996, and shall end on September 30, 1997, unless sooner terminated as provided in the succeeding provisions hereof II The Project is described as follows in the City of Denton, Texas, widening of McKinney Street from Jannie Street to Woodrow Lane, including drainage improvements, as required by City's Subdivision Rules and Regulations, and including all surveying, engineering and construction It is expressly agreed and understood that all of County's obligations pertaining to McKinney Street 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 As required by V T C A , Transportation Code Section 251 012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or to fund $300,000 00 toward financing the improvement of a street in the County that is located in the City V In performance of this Agreement, City agrees to assume responsibility for seeking the removal of the referenced section of highway from the State Highway Department's ICA Denton McKinney 2 maintenance responsibility and 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 County as set forth below VI As City proceeds in the completion of the Project, it shall submit to the Denton County Auditor, at 301 East McKinney Street, Denton, Texas 76201, invoices on a monthly basis for reimbursement and County shall reimburse City for all expenditures related to this project within Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sum of Three Hundred Thousand and no/100 ($300,000 00) Dollars in its 1996-97 budget and that this amount shall be itemized, set aside and approved by the County Commissioners Court to be expended for the project that is the subject of this Agreement Reimbursement from County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($300,000 00) VII In performance of this Agreement, County agrees to assist City in expediting the completion of the Project If, as construction of the Project proceeds, City determines it prudent to close McKinney Street, County consents to the closure In further performance of this Agreement, County 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 County 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 ICA Denton McKinney 3 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, and (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 County, County shall reimburse City for all invoices submitted up to and including the date of termination Notices shall be directed as follows For City For County Jeff A Moseley Denton County Judge 110 East Hickory Denton, Texas 76201 with a copy to District Attorney's Office/Civil Division 319 West Oak Street Denton, Texas 76201 l4 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 he in Denton, Denton County, Texas V4 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 XI This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, ICA Denton McKinney 4 any immunity or defense that would otherwise be available to it against claims arising by third parties 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 authonty 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, the a day of , 1996 COUNTY CITY Denton County, Texas City of Denton, Texas 110 West Hickory 215 East McKinney Street Denton, Texas 76201 Denton, Texas 76201 By BY —yak aLe Moseley -7 AJ enton County Judge Acting on behalf of and by V Acting on behalf of and by authority of the Commissioners o,,,,,,, authority of the City Council of Court of Denton County, TR S 0p Denton, Texas Attest o .2 -' Attest ay. oy` Tim Hodges, County Ciryig . 2 . tAt it B ICA Denton McKinney 5 Approved as to form Assistant District Attorney Approved as to form AUDITOR'S CERTIFICATE City Atto I hereby certify that pursuant to Commissioners Court order # 96 - a YY funds will be available in fiscal year 1996-1997 in the THOUSAND DOLLARS ($300,000 00) to accomplish County, Texas under this Agreement of THREE HUNDRED the obligation of Denton Auditor ICA Denton McKinney 6