HomeMy WebLinkAbout26-0942THE STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
DENTON COUNTY AND THE CITY OF DENTON
THIS AGREEMENT is made, entered into and executed by and between Denton County,
a political subdivision of the State of Texas (the “County”), and the City of Denton, a Texas home
rule municipal corporation (the “City”). The County and the City are individually referred to as a
“Party” and collectively referred to herein as “the Parties.”
WHEREAS, the County has requested the City enter into this Agreement to address
County’s responsibility to obtain building permits for new construction or renovation of buildings
owned by the County within the City; and
WHEREAS, in acknowledgment of the below mentioned consideration, the City is willing
to agree that it will not require the County to notify the City or obtain a building permit for any
new construction or renovation of a building or facility owned by the County if the construction or
renovation work is supervised and inspected by an engineer or architect licensed in this State; and
WHEREAS, the City requires that the County continue complying with the building
standards of the City during the construction or renovation of a building or facility; 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
NOW, THEREFORE, this Agreement is hereby made and entered into by the County and
the City upon the terms and conditions 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
administrative functions related to building permit issuance for construction or renovation of a
building or facility owned by the County. The purpose of this Agreement is to provide a
governmental function or service that each party is authorized to perform individually, and in
accordance with Section 791.011(d)(3) of the Act, each Party is paying for the performance of
governmental functions and services from current revenues available to the paying party.
II.
The City agrees not to require the County to notify the City or obtain building permits when
the County is constructing or renovating a building or facility the County owns; however, nothing
in this Agreement shall exempt the County or its contractors from obtaining permits or approvals
for utility connections, work within public rights-of-way, or other approvals expressly required by
applicable law that are independent of building permit requirements.
III.
The Parties acknowledge the mutual governmental functions, obligations, and
commitments undertaken pursuant to this Agreement constitute adequate consideration under
Chapter 791 of the Texas Government Code.
IV.
For purposes of this Agreement, the terms "building," "facility," and "renovation" include
new construction, additions, alterations, restoration, rehabilitation, remodeling, maintenance
improvements, historic preservation work, and associated site improvements undertaken by or on
behalf of the County. Historic preservation, rehabilitation, restoration, stabilization, archaeological
investigations, and preservation-related improvements performed on County-owned historic
properties shall constitute construction or renovation activities covered by this Agreement.
V.
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: Cassey Ogden, Interim City Manager
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Copy To: Kristi Fogle, Interim City Secretary
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
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
Copy To: Denton County District Attorney’s Office - Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
VI.
In the event of a dispute concerning interpretation of this Agreement or whether a proposed
project is subject to its provisions, the Parties shall first attempt to resolve the matter through
discussions between the County Administrator or designee and the City Manager or designee
before either Party pursues judicial or administrative remedies.
VII.
Nothing in this Agreement shall be construed to delay or prohibit emergency construction,
repair, stabilization, or restoration activities undertaken by the County to protect public health,
public safety, or governmental operations.
VIII.
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.
IX.
Nothing contained in this Agreement shall be construed as an admission or
acknowledgment by either Party regarding the scope of municipal regulatory authority over
County-owned property or governmental functions. This Agreement is intended solely to
memorialize the Parties' mutual agreement concerning permitting procedures and shall not
constitute a waiver of any legal right, governmental immunity, or statutory authority possessed by
either Party.
X.
The County agrees and understands that the County, its employees, servants, agents or
representatives shall at no time represent themselves to be employees, servants, agents or
representatives of the City.
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.
XI.
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.
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 fullest extent possible.
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
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby
approves and authorizes this Interlocal Cooperation Agreement for the purpose memorializing
City’s agreement with County that County is not required to obtain building permits for new
construction activity or renovation of buildings owned by the County and located within the City;
This Agreement establishes the respective understandings, responsibilities, and obligations of
Denton County and the City of Denton as set forth herein
By vote on the date below, the Denton County Commissioners Court has approved the agreement
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