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HomeMy WebLinkAbout2001-223NOTE Amendment to Interlocal Agreement is attached ORDINANCE NO Qp� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR ROAD IMPROVEMENTS TO LOOP 288, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or in her absence the Mayor Pro Tem, is hereby authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for road improvements to Loop 288, substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein SECTION 2 The expenditure of funds as set forth in the Interlocal Cooperation Agreement is hereby authorized SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 0 S \Our Documents\Ordinances\01 \Interlocal Agrmt Loop 288 Denton County doc THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS TO LOOP 288 BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of DENTON, Texas, a corporate and political body organized and existing under the laws of the State of Texas, hereinafter referred to as "City" This Agreement is for purposes of the completion of certain road improvements to LOOP 288, as described on Exhibit "A," hereinafter referred to as the "Project " WHEREAS, County has provided funding for several road projects within the lirruts of the City through and as part of the January 1999 Better Safer Roads Bond Program, WHEREAS, City and County value the early completion of the Project which involves roads which are integral parts of the County's road system, 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 City of Denton ICA 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 I The term of this Agreement shall commence upon execution by all parties and shall terminate upon completion of the Project or upon termination of this Agreement under the provisions of Section VIII II The Project is described as follows Improvements to LOOP 288, as described on Exhibit "A" 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, roads 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 251012 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 an amount not to City of Denton ICA 2 exceed FIVE HUNDRED THOUSAND AND 00/100 ($500,000 00), for the project u In performance of this Agreement, the COUNTY will be responsible for hiring the engineering firm for the Project Additionally, the COUNTY agrees that all funds remaining after the procurement of engineering services will be committed to the construction of the Project VI In performance of ttus Agreement, the City 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 City money to participate in or to fund an amount not to exceed TWO HUNDRED FIFTY NINE THOUSAND AND 00/100 ($259,000 00), for the project VII As County proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement TWO HUNDRED FITY NINE THOUSAND AND 00/100 ($259,000 00), unless otherwise authorized by the governing body of the City of Denton, to the City of Denton Finance Department, Attention City Controller, at City Hall, 215 E McKinney Street, Denton, Texas 76201, and the City shall reimburse County for all expenditures related to the 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 not to exceed FIVE HUNDRED THOUSAND AND 00/100 City of Denton ICA 3 ($500,000 00), in its budget and that this amount shall be itemized, set aside and approved by the County Commissioners Court to be expended for the Project VIII This Agreement may be terrrunated in whole or in part by the 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 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, 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 City, City shall reimburse County for all invoices submitted up to and including the date of terrmnation Notices shall be directed as follows For City Hon Eulme Brock The City of Denton Mayor 215 E McKinney Street Denton, Texas 76201 Copy To Michael Conduff, City Manager City of Denton 215 E McKinney Street Denton, Texas 76201 For County Hon Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 City of Denton ICA 4 Copy to. District Attorney's Office/Civil Division 1450 East McKinney P O Box 2850 Denton, Texas 76201 IX 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 County, Texas E/ 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 terminated according to the provisions of Section VIII only by 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, 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 City of Denton ICA 5 XIII 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 COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 M Acting on behalf of and by authority of the Commissioners Court of Denton County, Texas Date / Attest By Cynt is Mitchell, County Cler CITY The City of DENTON, Texas 215 E McKinney Street Denton, Texas 76201 �ma E Hon Euline Brock The Mayor for the City of Denton Acting on behalf of and by authority of the City Council of Denton, Texas Date (0��0 / Attest I '1 B Wp Ci ecretary City of Denton ICA 6 Approved as to form Assistant District District Attorney Approved as to form By Herbert L Pr ty City Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of FIVE HUNDRED THOUSAND AND 00/100 ($500,00000), will be committed to engineering and design and the remainder will be applied towards right-of-way acquisition, utility relocation and construction, toward financing t Project to accomplish and pay the obligation of Denton County, Texas under 71" Agreement Wells, County Auditor City of Denton ICA 7 "EXHIBIT A' The Loop 288 Project is an urban arterial with a design speed of 70 mph Mainlanes will consist of 4,12-foot lanes with 10 foot outside and 4 foot inside shoulders Tlus will be designed to be a major freeway around the City of Denton This project consists of constructing approximately 9 nules of four -lane highway, with frontage roads, ramps and interchanges with I1-135, US 380, FM 2449 and IH35W The project will involve a number of bridges and overpasses City of Denton ICA AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS TO LOOP 288 BETWEEN DENTON COUNTY TEXAS AND THE CITY OF DENTON THIS AMENDMENT is made and entered upon into the date which all parties have signed this document, by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY", and the City of Denton, a political subdivision/entity of the State of Texas, located within Denton County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to as the "CITY " This is an amendment of the Interlocal Cooperation Agreement entered into between the parties on July 10, 2001, ("ICA") for purposes of completion of certain road improvements to Loop 288, hereinafter collectively referred to as the "Project" WHEREAS, the COUNTY and the CITY entered into an ICA on July 10, 2001, to provide for completion of certain road improvements to Loop 288, and WHEREAS, the City and the County wished to share the cost of the Project, which at the time of the execution of the ICA the County's share was estimated to be $500,000, and the City's share was estimated to be $259,000, and WHEREAS, the City and the County wish to amend the ICA to correctly reflect the actual cost of completion of certain road improvements to Loop 288 which will be $759,929 00, and WHEREAS, the City had set aside an additional $929 00, for participation in this Project, and NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree and understand as follows ICA page I The following sections will be substituted for the same numbered sections in the ICA and will read as follows VI In performance of this Agreement, the City 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 City money to participate in or to fund an amount not to exceed TWO HUNDRED FIFTY NINE THOUSAND NINE HUNDRED TWENTY NINE AND 001100 ($259,929 00), for the project VII As County proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement TWO HUNDRED FITY NINE THOUSAND NINE HUNDRED TWENTY NINE AND 00/100 ($259,929 00), unless otherwise authorized by the governing body of the City of Denton, to the City of Denton Finance Department, Attention City Controller, at City Hall, 215 E McKinney Street, Denton, Texas 76201, and the City shall reimburse County for all expenditures related to the 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 not to exceed FIVE HUNDRED THOUSAND AND 00/100 ($500,000 00), in its budget and that this amount shall be itemized, set aside and approved by the County Commissioners Court to be expended for the Project All other terms and conditions of the ICA are hereby affirmed by the parties ICA page 2 EXECUTED in duplicate originals. COUNTY Honorable Scoft Armey Denton County Judge C Date _ Acting on behalf of an, Commissioners Court Denton County, Texas ATTEST - By Cyn(thi4 Mitchell Denton County Clerk pF DEN CITY Michael A ?Conduf CJty Manager on behalf of and by of the ty of the City of Denton County, Texas ATTEST J„ By Ci Secretary APPROVED AS TO FORM C 2 Z� Rob t Schell, Assistant District Attorney CITY AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of $259,929 00 for improvement to Loop 288 to accomplish and pay the obligation of the City of Denton, Texas under this Agreement CITY Auditor ICA page 3