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EXHIBIT “A”
Interlocal Cooperation Agreement
Page 3
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton County,
Texas(“the County”), a duly organized political subdivision of the State of Texas;and the Cityof
Denton, Texas(“the City”), a duly organized political subdivision of the State of Texas.The
County and the City are collectively referred to herein as “the Parties.”
WHEREAS,the County and the Citymutually desire to enter into this Agreement to
provide utility relocations, inspections, and construction of a signal and roadway widening at
Cleveland Gibbs Road at Robson Ranch Road and widening along Robson Ranch Road west of
Sage Hawk to I-35W, located entirely in the municipal limits of the City and the Town of Northlake
and Denton County Commissioner Precinct #4, hereinafter “the Project”; and
WHEREAS, the City is constructing the Project and the estimated cost of completion for
the Project is FIVEMILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($5,800,000.00), with the County agreeing to contribute an amount which shall not exceed FIVE
MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($5,800,000.00), based
on current available funding, toward satisfactory completion of the Project, and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
hereinafter “the Act,” 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
the County and the City hereby mutually agree to be subject to the provisions of the Act; and
WHEREAS, the County and the City value the timely completion of the Project which
involves roads which are an integral part of the County’s road system,and the Parties are
undertaking the Project to facilitate safe travel on an improved roadway;
NOW, THEREFORE, this Agreement is hereby made and entered into by the County and
the City upon and for the mutual consideration stated herein:
WITNESSETH:
I.
Pursuant to Texas Government Code §791.011, the County and the City hereby enter into
this Agreement in order to perform certain governmental functions and services in the area of
streets, roads,and drainage. The purpose of this Agreement is to provide a governmental function
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or service that each party is authorized to perform individually, and in accordance with Section
791.011(d)(3) of the Act, the County is paying for the performance of governmental functions and
services from current revenues available to the paying party.
II.
The County and the City hereby agree that the scope of the Project for the City shall be to
provide utility relocations, inspections, and construction of a signal and roadway widening at
Cleveland Gibbs Road at Robson Ranch Road and widening along Robson Ranch Road west of
Sage Hawk to I-35W, at an estimated cost of FIVEMILLION EIGHT HUNDRED THOUSAND
ANDNO/100 DOLLARS ($5,800,000.00), withthe County agreeing to contribute an amount
whichshall not exceed FIVEMILLION EIGHT HUNDRED THOUSAND ANDNO/100
DOLLARS ($5,800,000.00), based on current available funding, toward satisfactory completion
of the Project. The Project is located entirely within the municipal limits of the Cityand the
Town of Northlake and Denton County Commissioner Precinct #4.
III.
The County hereby agrees to contribute an amount which shall not exceed FIVE
MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($5,800,000.00),
provided that any and all funding is approved by formal action of the Denton County
Commissioners Court.
IV.
The City agrees to provide all utility relocations, inspections, construction, and
maintenance of the Project. The City shall timely provide the County with all invoices and
requested documentation in an amount which shall not exceed FIVE MILLION EIGHT
HUNDRED THOUSAND AND NO/100 DOLLARS ($5,800,000.00).
V.
This exchange of funding and in-kind services between the County and the City is deemed
adequate consideration for the obligations exchanged by the Parties herein.
VI.
As the City proceeds with the completion of the Project, the City shall submit all invoices
for reimbursement to the Denton County Auditor, Mr. Jeff May, 1 Courthouse Drive, Suite 2000,
Denton, Texas 76208, c/o Mr. John Polster, Innovative Transportation Solutions, Inc., 2701 Valley
View Lane, Farmers Branch, Texas 75234. The City shall submit invoices on a monthly basis, and
the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project
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within thirty calendar days of receipt of an invoice from the City, provided that all expenditures are
made in a manner which is consistent with the terms of this Agreement. Upon satisfactory
completion of the Project, the County and the City shall prepare and complete a full audit of the
Project.
VII.
As required by Texas Transportation Code §251.012 and as evidenced by the signature of the
City’s representative below, the governing body of the City by the execution of and approval of
this Agreement hereby approves of the expenditure of County money to finance the construction,
improvement, maintenance,or repair of a street or alley in the County that is located in the City.
VIII.
This agreement may be terminated in whole, or in part, by the County or the City upon
thirty days written notice to the other party. In the event of termination by the County, the County
shall pay all approved invoices submitted up to and including the date of termination.
IX.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes all prior negotiations, representations, and agreements, either oral or written.
This Agreement may be amended only by written instrument signed by both of the Parties. Notices
shall be directed as follows:
For City: Sara Hensley, City Manager
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Copy To: Ingrid Rex, Interim City Secretary
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Copy To: Mack Reinwand, City Attorney
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
For County: Honorable Andy Eads, Denton County Judge
1 Courthouse Drive, Suite 3100
Denton, Texas 76208
andy.eads@dentoncounty.gov
holly.sadlowski@dentoncounty.gov
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Copy To: Denton County District Attorney’s Office - Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
X.
The covenants, terms,and conditions herein are to be construed under the laws of the State
of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree
that venue for any obligation arising from this Agreement shall be in Denton County, Texas.
XI.
The City agrees and understands that the City, its employees, servants, agents or
representatives shall at no time represent themselves to be employees, servants, agents or
representatives of the County.
XII.
The Cityagrees to accept full responsibility for the acts, negligence and omissions of all
Cityemployees, agents, subcontractorsor contract laborers and for all other persons doing work
under a contract or agreement with the City.
XIII.
This Agreement is not intended to extend the liability of the Parties beyond that provided
for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties.
XIV.
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 fullest extent possible.
XV.
The undersigned officers and 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 necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
XVI.
This Agreement becomes effective when signed by the last party whose signing makes the
respective agreement fully executed, and the term of this Agreement is for the life of the Project
beginning on the date of execution of this Agreement and continuing until the Project is completed.
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Executed this ________ day of _______________________, 2026.
DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
1Courthouse Drive, Suite 3100 215 E. McKinney Street
Denton, Texas 76209 Denton, Texas 76201
By: ______________________________ By:_______________________________
Honorable Andy Eads Sara Hensley
Denton County Judge City Manager of the City of Denton, Texas
Acting by and on behalf of the authority Acting by and on behalf of the authority
of the Denton County Commissioners Court of the City of Denton, Texas
ATTEST: ATTEST:
By: _____________________________ By: ______________________________
Denton County Clerk City Secretary
This agreement has been approved as to legal
form
By: ______________________________
City Attorney
This agreement has been both reviewed and
approved as to operational and business
terms
By: _______________________________
Director of Development Services
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COUNTY AUDITOR’S CERTIFICATE
I hereby certify funds are available to accomplish and pay the obligation of Denton County,
Texas, under this Agreement.
_________________________________
Denton County Auditor
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APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
hereby gives its specific written approval to the following Project, prior to beginning of theProject
in satisfaction of Texas Government Code §791.014. The scope of the Project shall be to provide
utility relocations,inspections, and construction of a signal and roadway widening at Cleveland
Gibbs Road at Robson Ranch Road and widening along Robson Ranch Road west of Sage Hawk
to I-35W, at an estimated cost of completion of FIVE MILLION EIGHT HUNDRED
THOUSAND AND NO/100 DOLLARS ($5,800,000.00). The Project shall be located entirely
within the municipal limits of the City of Denton and the Town of Northlake and Denton County
Commissioner Precinct #4.
The County hereby agrees to contributean amount which shall not exceed FIVE
MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($5,800,000.00),
provided that any and all funding is approved by formal action of the Denton County
Commissioners Court.
The local governments which requested the Project and with whom the Agreement is by
and between are Denton County, Texas, and the City of Denton, Texas.
By vote on the date below, the Denton County Commissioners Court has approved the
project identified above and authorized execution of this document by the presiding officer of the
Denton County Commissioners Court.
Date: _______________________________
By: ________________________________
Presiding Officer of the Denton
County Commissioners Court
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EXHIBIT A: PROJECT EXHIBIT
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