1998-114AN ORDNANCE ^DT~O~Z~NG T~ ~AYO~ TO $~GN ~ ~OC~ CO0?~-
D~N~ON ~~N~ ~C~O0~ D~S~C~ ~0 ~O~D~ ~0~ ?~ ~G O~
PROVE~NTS, ~ PROVID~G AN EFFECTWE DATE
~E~AS, ~e Denton ~d~ondent School Dmnct ("D~smct") is developing ~ts real
estate located on Mayhfll Road within ~e limits of the City of Denton, ~d
~E~AS, the Cl~'s Sub&vmon Rules ~d Regulations reqmre that the Dlsmct m~e
ce~mn improvements to Mayhfll Road, including widening Mayhdl Road ~d related drainage
~mprovements, hereinafter refe~ed to as ~e "Pro3ect", ~d
~E~AS, ~e City has xdentffied Mayhdl Road ~ one on its Master Thorou~f~e PI~
reqmnng ce~mn ~mprovements, ~d
~E~AS, the C~ ~d the Dlsmet desire to cooperate to m~e improvements on May-
hill Road ~d to complete the Project, w~eh will revolve ~e District prow&ng $377,670 towed
fin~mng ~e Project, ~d
~AS, the Cay Co.mi deems ~t in the pubhc interest to approve th~s Interloeal
A~eement, NOW, THE~FO~
THE CO~CIL OF THE CITY OF DENTON HE.BY O~S
~ That the Mayor, or ~n h~s absence, the Mayor Pro Tem, is h~eby authorized
to execute ~e Interloeal Cooperatmn A~eement for Road Improvements be~een ~e City of
Denton ~d ~e Denton Independent School D~smct for ~e widening of Mayhfll Road ~om
Mills Road to Me~ey S~eet, with related ~amage improvements, subst~tlally m the fo~ of
the attached Int~loeal Cooperation A~eement w~ch is made a pm of ~s or&n~ce ~ ff ~t-
ten word for word hereto
~ That the C~ty M~ager is hereby authorized to m~e ~e expen&t~es re-
qmred ~n the Interloeal Cooperatmn A~eement
~ That ~ls ordinate shall become effective ~mme&ately upon its passage
~d approval
PASSED~PROVED~,sthe ~/~ayof ~/'~ ,1998
1
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR ROAD
IMPROVEMENTS BETWEEN THE CITY OF DENTON AND
THE DENTON INDEPENDENT SCHOOL DISTRICT
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 the
Denton Independent School District, a polmeal subdivision of the State of Texas, hereinafter
referred to as "Drainer" for purposes of the completion of certain road improvements, hereinafter
referred to as the "ProJect"
WHEREAS, the Dmtnet is developing its real estate located on Mayhfll Road within the
hmlts of the City, and
WHEREAS, the City's Subdivision Rules and Regulations reqmre that the Dmtnet make
certain improvements to Mayhfll Road, including wldenmg Mayhfll Road and drainage
improvements, hereinafter referred to as the ProJect, and
WHEREAS, the City has identified Mayhfll Road as one on its Master Thoroughfare
Plan, reqmnng certain improvements, and
WHEREAS, City and Dmmct value the early completion of the ProJect, and
WHEREAS, City and Dmmct mutually desire to be subject to the provlmons ofV T C A,
Government code, chapter 791, the Interlocal Cooperation Act, and
WHEREAS, both City and Dmtnct are governmental bodies with the authority to perform
the services set forth in thru Agreement individually and in accordance with TEX GOV'T
CODE ann §791 011(c)(2), and
WHEREAS, the Dmmct will make all payments for services out of avmlable current
revenues and the City agrees that the payment and other conmderatlon given by District
hereunder will fmrly compensate it for the services performed, and
WHEREAS, City desires the partlelpanon of Dlsmct in the Project as authorized by law,
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows
I
The term of fins Agreement shall commence on March l, 1998, and shall end on
March 31, 1999, unless sooner terminated as prowded m the succeeding provisions hereof
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II
The Project is described as follows in the Ctty of Denton, Texas, widening of Mayhill
Road from Mills Road to McKlrmey Street, including drainage improvements, as required by the
Ctty's Subdivmlon Rules and Regnlattons, and tncludtng all surveytng, engtneenng, and
construction
It is expressly agreed and understood that all of Dmtnct's obhgattons pertatmng to
Mayhlll Road tmprovements wtth relationsinp to the Ctty's platting process and pursuant to the
Ctty's Subdtwmon Rules and Regulattons shall be fully and completely satmfied by completmn
o f the Project
III
Pursuant to V T C A, Government Code Sectaon 791 011, the parttes hereto agree that
the purpose of this Agreement is to ensure that certain governmental functions and services in
the area of streets and drmnage are performed The parttes hereto further agree that each of them
ts authorized to perform the functtons and servaces lndtvldually
IV
In consideration of the Ctty's performance of the obhgations set forth hereto, as
evadenced by the signature of the Dtstnct's representaUve below, the govemmg body of the
Dmtnct by the executaon of and approval of tins Agreement approves of and agrees to the
expendtture of Dmtnct money to participate tn or to fund three hundred seventy-seven thousand
mx hundred seventy dollars ($377,670 00) toward financang the amprovement of a street that ts
located m the Caty under the Project described tn Sectton II above
V
In performance of tins Agreement, Ctty agrees to assume responmbflaty for secunng all
necessary surveying, engmeenng, and construction servtces related to the Project Ctty further
agrees that it shall be solely responmble for secunng all necessary surveytng, engmeenng, and
constmctton servmes related to the ProJect City further agrees that it shall be solely responmble
for payment of all expenses related to completion of the ProJect Ctty shall seek reimbursement
for expenses related to the completion of the ProJect from Dtsmct as set forth below
VI
As City proceeds in the eompletton of the Project, tt shall submtt to Mr Cunts Mamn, at
909 Linden, Denton, Texas 76201, mvotces by the last day of the month for retmbursement, and
Dtstnct shall rmmburse C~ty for all expendttures related to tins ProJect w~thtn ten (10) days of
recmpt of these invoices Attached to tins Agreement as a cemficanon by the Dmtnct that the
Dmtnct has the sum of three hundred seventy-seven thousand mx hundred seventy dollars
($377,670 00) set aside and approved by the Dtstnct's School Board to be expended for the
ProJect that is the subject of tins Agreement Retmbursement from Dmtnct to Cay shall not
H2a-5
Page 2
exceed the sum of three hundred seventy-seven thousand slx hundred seventy dollars
($377,670 00)
VII
In performance of this Agreement, District agrees to assist City m expediting the
completton of the Project If, as construction of the Project proceeds, City determines it prudent
to close Mayhlll Road, District consents to the closure
In further performance of this Agreement, District agrees to reimburse City, from tts
current revenues, a sum not to exceed that stated above
VIII
Th~s Agreement may be terminated m whole or in part by District or C~ty upon thirty (30)
days' written notice to the other party setting forth a substantial fmlure by the 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 dChvered by certified mml, return receipt requested of intent to terminate setting forth the
substantial failure to perform, (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 District, District shall reimburse City for all ~nvoices submitted up to and
including the date of termination Notices shall be directed as follows
CITY DISTRICT
Ted Benavides Jean Schaake
City Manager President, Board of Trustees
City of Denton Denton Independent School District
215 East McKanney P O Box 2387
Denton, Texas 76201 Denton, Texas 76202
IX
The covenants, conditions, end terms hereof are to be construed under the laws of the
State o£ 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
X
This venting 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 a writing signed by both of the parties or their duly authorized
agents
Page3 H2a-6
XI
This Agreement is not intended to extend the habd~ty of the parties beyond that provided
by law Neither District nor City waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be avmlable to it against claims arising by third parties, including,
without limitation, the defense of governmental immunity
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 smd authority have been duly passed and are now in full force and effect
EXECUTED in duplicate originals this they'd/~ day of /f/Of/~t ,
1998
DISTRICT CITY
Denton Independent School Dlstnct City of Denton, Texas
P O Box 2387 215 East McK~nney
Denton, Texas 76202 Denton, Texas 76201
of the Denton Independent School
District
ATTEST ATTEST
Jennifer Walters, City Secretary
Page4 H2a-7
APPROVED AS TO FORM APPROVED AS TO FORM
DISD Atllomey Herbert L Prouty, C~ty Attorney
Page5 H2a-8