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Home My WebLink About19-1083 ORDINANCE NO. 19-1083 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE MAYOR TO EXECUTE AN ITE LOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS, A DULY ORGANIZED POLITICAL SUBDIVISION OF THE STATE OF TEXAS, FOR THE INSTALLATION OF BRIDGE GUARDRAILS, A ROADWAY SAFETY IMPROVEMENT ALONG HICKORY CREEK ROAD, IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS ($35,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") and Denton County, Texas ("County") are ready to commence construction of bridge guardrails along a portion of Hickory Creek Road located entirely within Denton County, Precinct 1, and partially within the municipal limits of the City (the "Project"); and WHEREAS, the City and County agree that the City will provide fifty percent (50%) of the Project funding in an amount not to exceed $35,000 and the County will provide the remaining fifty percent (50%) of the funding and coordinate the construction of the Project; and WHEREAS, the City Council, having considered the importance of the Project to the citizens of Denton and finding that it is in the public's health and safety interest, is of the opinion that it should approve the Interlocal Cooperation Agreement by and between the City and the County attached hereto; NOWTHEREFORE THE COUNCIL OFT E CITY OF DENTON HEREBY AI : SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. Sl C 1 ION . The Mayor, or his designee, is hereby authorized to execute the Interlocal Cooperation Agreement with Denton County, Texas under Section 791 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION „3. The City Manager, or his designee, is further authorized to carry out all duties and agreements to be performed by the City under the Agreement, including the expenditure of funds. ECTI ---- . This ordinance shall become effective immediately upon its passage and approval. The motion to app e this ordinance was made by.rov seconded by ........... _ ('," // " ................................................................................... ................... ............................................................ ...d19a the ordinance was passed and approved by Ilic 16flowiiigvole Aye Nay Abstain Absent Mayor Chris Watts: V ...................................... ..................................... ...................................... ........................................ Gerard Hudspeth, District 1: Keely G. Briggs, District 2: ........... Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: ........ ................ ... .................................... ................................. .................................... Paul Meltzer, At Large Place 6: K PASSED AND APPROVED this the /',51 day of 2019� m. ................. 1 R-1 S W AT" 11 ATTEST: ROSA RIOS, CITY SECRETARY BY: ........... APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: THE STATE OF TEXAS § COUNTY OF DENTON § F tl 1 1 THIS AGREEMENT is made, entered into, and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Denton, a Texas home-rule municipal corporation, engaged in the administration of municipal government and related services for the citizens of the City of Denton, Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS,the County and the City mutually desire to enter into this Agreement whereby the County agrees to provide guardrails on a portion of Hickory Creek Road located entirely within Denton County and Denton County Commissioner Precinct#1, and partially within the municipal limits of the City of Denton, hereinafter"the Project;" and WHEREAS, the cost of the Project shall not exceed SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00),and the CITY shall reimburse the County for FIFTY PERCENT (50%) of the Project not to exceed THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00); 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 governmental functions and services under the terms of the Act, and the County and the City hereby mutual 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 a road which is an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW,THEREFORE,this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: ICA—Denton—Hickory Creek Road—Guardrails Page 1 of 7 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 or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to the installation of guardrails on a portion of Hickory Creek Road located entirely within Denton County and Denton County Commissioner Precinct #1, and partially within the municipal limits of the City of Denton, at a cost of completion that shall not exceed SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00). III. The City hereby agrees to contribute an amount equal to FIFTY PERCENT (50%) of the Project cost and shall not exceed THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00)toward satisfactory completion of the Project. IV. The County agrees to provide all guardrail installation which may be required for satisfactory completion of the Project. V. The County agrees to secure a contract for the guardrail installation of the Project and to oversee performance of guardrail installation which may be required for satisfactory completion of the Project. In addition, the County will provide all project inspections and approval of all payments. VI. This exchange of funds and in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. ICA—Denton—Hickory Creek Road—Guardrails Page 2 of 7 VII. At the conclusion of the Project, the County shall submit an invoice for reimbursement to the City of Denton Budget, Mr. Dan Galizia, 215 E. McKinney Street, Denton, Texas, 76201, and the City shall reimburse the County in full for all approved expenses, within forty-five (45) calendar days of receipt of an invoice from the County, 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. VIII. 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. IX. This agreement may be terminated in whole, or in part, by the County or the City upon thirty (30) days written notice to the other party. In the event of termination by the City, the City shall pay all approved invoices submitted up to and including the date of termination. X. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, or 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: Honorable Chris Watts, Mayor City of Denton,Texas 215 East McKinney Street Denton, Texas 76201 Copy To: Todd Hileman, City Manager 215 East McKinney Street Denton, Texas 76201 ICA—Denton—Hickory Creek Road—Guardrails Page 3 of 7 For County: Honorable Andy Eads Denton County Judge 110 West Hickory Denton, Texas 76201 Copy To: Denton County Commissioner Precinct 1, Hugh Coleman 110 West Hickory Denton, Texas 76201 Copy To: Denton County Criminal District Attorney's Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 XI. 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. XII. 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. XIII. 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. XIV. The County agrees to accept full responsibility for the acts, negligence, or omissions of all County employees, agents, subcontractors, or contract laborers doing work under a contract or agreement with the County. XV. The City agrees to accept full responsibility for the acts, negligence, or omissions of all City employees, agents, subcontractors, or contract laborers doing work under a contract or agreement with the City. ICA—Denton—Hickory Creek Road—Guardrails Page 4 of 7 XVI. 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. XVII. 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. Venue for any dispute arising under the terms of this Agreement shall be in Denton County, Texas. XVIII. The undersigned officers 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 necessary resolutions extending said authority have been duly passed and are now in full force and effect. XIX. 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. ICA—Denton—Hickory Creek Road—Guardrails Page 5 of 7 Executed this_. _ day of ..m . 2019. DENTON COUNTY,TEXAS CITY OF DENTON,TEXAS 110 West Hickory Street,2nd Floor 215 East McKinney Street Denton,Texas 76201 Denton,Texas 7201 Honorable Ard Honorable Chris Watts,Mayor Denton County City of Denton,Texas Acting by and on behalf of the authority of Acting by and on behalf of the Denton County Commissioners Court City of Denton,Texas I ATTEST: 'ry'a ::ii�:: J�„ AT115°1": �,.�M � r �� „ 40 Denton Cou f. �. ,, Ity Secretary,losa Rios n� y tt APPROVED AS TO FORM. J i ` APPROVED AS TO FORM: By: ... BY ._w... .._ ..u. n;._ Assn tat is l ict At4rney City Attorney,Aaron Leal THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and nel! e e a y m x Department"' Date Signed,. ICA—Denton—Hickory Creek Road—Guardrails Page 6 of 7 Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, at a total project cost which shall not exceed SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00), whereby the City of Denton shall make a contribution which shall not exceed THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) toward satisfactory completion of the Project. The description of the Project and its location are as follows: providing for guardrails on a portion of Hickory Creek Road located entirely within Denton County and Denton County Commissioner Precinct#1, and partially within the municipal limits of the City of Denton. 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 c ' Ise 1 cnton County Coniiiiis. olner,s Court ICA—Denton—Hickory Creek Road—Guardrails Page 7 of 7