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Home My WebLink About2000-138 i ORDINANCE NO AN ORDNANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO AN INTIRLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS FOR ROAD IMPROVEMENTS REGARDING BRINKER ROAD PROJECT, AND PROVIDING AN EFFECTIVE DATE WHEREAS,both the City of Denton and Denton County are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX GOV'T CODE ch 791 and TRANSPORTATION CODE ch 251, and WHEREAS, the City Council deems it in the public interest to enter into this mterlocal contract with Denton County to provide for road improvements regarding Brinker Road project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTIQN 1 That the Mayor, or in his absence, the Mayor Pro Tem, or City Manager is authonzed to execute an Interlocal Cooperation Agreement for Road Improvements with Denton County, Texas substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes SECTION? That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 2000 0 JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY J )A APP OVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F\shared\dept\LGL\Our Documents\Ordinances\00\Brmker Road interlocal Agreement doc 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 has provided funding for several road project within the limits of City through and as part of the January 1999 Better Safer Roads Bond Program WHEREAS, City has identified Brinker Road as a Detour Route for the Future Loop 288 widening project, and Brinker provides access to commercial, medical and industrial areas 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, ICA Denton Brinker Road I NOW, THEREFORE, it is mutually agreed by the parties hereto as follows I The term of this Agreement shall commence on .tune 15, 1999, and shall end on, unless sooner terminated as provided in the succeeding provisions hereof II The Project is described as follows 1n the City of Denton, Texas, 3000 LF of 4 lanes divided arterial between Wal-Mart and Colorado Boulevard 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 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 $ 600,000 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 maintenance responsibility and for securing all necessary surveying, ICA Denton Brinker Road 2 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 Fast 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 Six Hundred "Thousand ($ 600,000) Dollars 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 that is the subject of this Agreement Reimbursement from County to City shall not exceed the sum of Six Hundred Thousand ($ 600,000) Dollars 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 the County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the 1CA Denton Brinker Road 3 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 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) and an opportunity for consultation with the terminating party prior to termination In the even of termination by the County, County shall reimburse the City for all invoice submitted up to and including the date of termination Notices shall be directed as follows For City For County Kirk Wilson Denton County Judge 110 East Hickory Denton, Texas 76201 With a 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,Denton County, Texas ICA Denton Brinker Road 4 X 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 writing signed by both of the parties or their duly authorized agents XI This Agreement is not untended 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 nn full force and effect to the extent possible 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 ICA Denton Brinker Road 5 EXECUTED in duplicate originals this, the day of , 1999 COUNTY CITY Denton County, Texas City of Denton, Texas 110 West Hickory 215 East McKinney Street Denton, Texas 76201 Denton, Texas 76201 By By Kirk Wilson Denton County Judge Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City Council of Court of Denton County, Texas Denton, Texas Attest Attest Cynthia Mitchell, County Clerk By By )� Approved as to form Approved as to form Robes Schell Assi ant District Attorney Assistant City Attorney ICA Denton Brinker Road 6 AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order# funds will be available in the amount of SIX HUNDRED THOUSAND DOLLARS ($600,000 00) to accomplish and pay theVobhgatio of Denton County, Texas under this Agreement ls, County Audkto ICA Denton Brinker Road 7