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HomeMy WebLinkAbout2001-097 S\0ur Doc4mems\0rdmmtcea\01VW improvements doe ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR ROAD IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION-1_ That the Mayor is hereby authorized to execute an Interlocal Agreement with Denton County in substantially the same form as the one attached hereto and incorporated by reference herein for road improvements SECTION 2 That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the AAk day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY n-o (�' �ja � t 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 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 FM 2181, hereinafter referred to as the "Project" WHEREAS, County has provided funding for several road projects within the limits 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 1 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 FM 2181, including but not limited to engineering, design, right-of-way acquisition, utility relocation, and construction of improvements all within the municipal boundaries of the City 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 ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), will be committed to preparing an environmental assessment, schematic drawings, engineering plans and designs for that portion of the Project which is located between Lillian Miller Road and Hickory Creek Road ("The Section") The remainder of the County's committed funds will be applied towards right-of-way acquisition, utility relocation and construction, of The Section V In performance of this Agreement, the COUNTY will be responsible for hiring the engineering firm for the environmental assessment and the Plans Specifications and Estimates All costs incurred in procuring those services will be paid by the County VI In performance of this Agreement, the City agrees to assume responsibility for securing all necessary right-of-way, acquisition, utility relocation and construction, related to the Section 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 The City agrees to pay FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,000 00) to reimburse the County for costs incurred in procuring the environmental assessment, schematic drawings, engineering plans and designs for The Section VII As City proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement to the Denton County Auditor, at 401 City of Denton ICA 3 West Hickory, Suite 423, Denton, Texas 76201, 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 ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000) 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 Reimbursement from County to City shall not exceed the sum of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), less funds expended by the County to fulfill its obligations under this agreement as provided in Section VI 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 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) 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 Hon EulYne Brock The City of Denton Mayor 215 E McKinney Street Denton,Texas 76201 Copy To: Mike Jez, City Manager City of Denton ICA 4 City of Denton 215 E McKinney Street Denton, Texas 76201 For County Hon Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 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 Denton County, Texas 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 terminated according to the provisions of Section VI1I only by writing signed by both of the parties or their duly authorized agents X1 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 City of Denton 1CA 5 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 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 CITY Denton County,Texas The City of DENTON,Texas 110 West Hickory 215 E McKinney Street Denton,Texas 76201 Denton, Texas 76201 By BY Av Hon Scott Armey Hon Euline Brock Denton County Judge The Mayor for the City of Denton 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,T xas Date 3--.2-7-0-1 Date Q ©� City of Denton ICA 6 Attest Attest By64< By Cynt is Mitchell, County Clergy TX'����i,,�� J fifer W lters,City Secretary ��. A "' 0 ''% Approved as to form =o': _approved as to form lilt BYr� v Robert Schell Herbert L Prou Assistant District Attorney City Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), will be committed to engineering and design and the remainder will be applied towards right-of-way acquisition,utility relocation and construction, toward financing the Project to accomplish and pay the obligation of Denton County, Texas under this Agreement q 10A Pes Wells, County Auditor City of Denton ICA 7