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1996-164E \WPDOCS\ORD\MCKINNEY IMP ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR IMPROVEMENTS TO MCKINNEY STREET, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute an Interlocal Cooperation Agreement for Road Improvements Between the City of Denton and Denton County for improvements to McKlnney Street, a copy of which · s attached hereto and incorporated by reference here~n SECTION II That the expenditure of funds as required in the attached agreement is hereby authorized SECTION III That th~s ordinance shall become effective immediately upon its passage and approval ^ . PASSED AND APPROVED this the /~J~--day of ~ , 1996 JAC~MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 ~nto by and between the C~ty of Denton, Texas, a poht~cal subdivision of the State of Texas, hereinafter referred to as "C~ty" and Denton County, Texas, a corporate and poht~cal body under the laws of the State of Texas, heretnafter referred to as "County" for purposes of the completion of certain road ~mprovements, hereinafter referred to as the "ProJect" WHEREAS, County ~s developing ~ts real estate located on McK~nney Street w~thm the hm~ts of C~ty, and WHEREAS, C~ty's Subd~ws~on Rules and Regulattons require that County make certmn ~mprovements to McKtnney Street, ~nclud~ng w~demng of McKmney Street and drainage ~mprovements, the Project, and WHEREAS, C~ty has ~dentff~ed McK~nney Street as one on ~ts Master Thoroughfare Plan, reqmrmg certain ~mprovements, and WHEREAS, w~demng of McKmney Street has been placed on the Texas H~ghway Department's hst of future projects, and WHEREAS, C~ty and County value the early completion of the Project, and WHEREAS, C~ty and County mutually desire to be subject to the prows~ons of V T C A, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, C~ty desires the participation of County ~n the ProJect as authorized by V T C A, Transportation Code, Section 251 012, NOW, THEREFORE, ~t ~s mutually agreed by the part~es hereto as follows ICA Denton McKlnney 1 I The term of th~s Agreement shall commence on October 1, 1996, and shall end on September 30, 1997, unless sooner terminated as prowded ~n the succeeding prows~ons hereof II The ProJect is described as follows m the C~ty of Denton, Texas, w~demng of McYdnney Street from Janme Street to Woodrow Lane, ~nclud~ng drmnage ~mprovements, as reqmred by C~ty's Subthws~on Rules and Regulations, and ~nclud~ng all surveying, engineering and construction It ~s expressly agreed and understood that all of County's obhgaUons pertmnmg to McI~nney Street ~mprovements with relationship to the Cay's platting process and pursuant to the C~ty's Suhthws~on Rules and Regulations shall be fully and completely satisfied by completion of the ProJect III Pursuant to V T C A, Government Code Section 791 011, the part~es hereto agree that the purpose of th~s Agreement ~s to ensure that certmn governmental functions and services m the area of streets and drmnage are performed The part~es hereto further agree that each of them ~s authorized to perform the functions and serwces ~nd~v~dually IV As reqmred by V T C A, Transportation Code Section 251 012 and as ewdenced by the s~gnature of the C~ty's representatave below, the governing body of C~ty by the executaon of and approval of th~s Agreement approves of the expenditure of County money to parOc~pate in or to fund $300,000 00 toward financing the ~mprovement of a street ~n the County that ~s located ~n the C~ty V In performance of th~s Agreement, C~ty agrees to assume respons~bfltty for seeking the removal of the referenced section of highway from the State Highway Department's ICA Denton McK~nney 2 mmntenance respons~bthty and for securing all necessary surveying, engineering and constmctaon services related to the Project C~ty further agrees that ~t 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 C~ty proceeds m the completion of the Project, ~t shall submit to the Denton County Auditor, at 301 East Mcganney Street, Denton, Texas 76201, invoices on a monthly basis for reimbursement and County shall reimburse C~ty for all expenthtures related to th~s project w~th~n Thirty (30) days of receipt of these ~nvo~ces Attached to th~s Contract ~s a ce~ficat~on by the County Auditor that the County shall include the sum of Three Hundred Thousand and no/100 ($300,000 00) Dollars m ~ts 1996-97 budget and that th~s amount shall be ~temlzed, set aside and approved by the County Commissioners Court to be expended for the project that ~s the subject of th~s Agreement Reimbursement from County to C~ty shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($300,000 00) VII In performance of th~s Agreement, County agrees to assist C~ty ~n expediting the completion of the Project If, as construction of the Project proceeds, C~ty determines ~t prudent to close McI~nney Street, County consents to the closure In further performance of this Agreement, County agrees to reimburse C~ty, from ~ts current revenues, a sum not to exceed that stated above VIII Th~s Agreement may be ternunated m whole or m part by County or C~ty upon thirty (30) days' written not~ce to the other party setting forth a substantial failure by the defaultang party to fulfill ~ts obhgat~ons under th~s Agreement through no fault of the termmaOng party Prowded, however, that no such termination may be affected unless the ICA Denton McKmney 3 defaul0ng party ~s g~ven (1) written notice dehvered by cemfled mad, tatum receipt requested of intent to tenmnate setting forth the substantml fmlum to perform, and (2) not less than thirty (30) calendar days to cure the fmlure, and (3) an opportumty for consultatton w~th the terminating party prior to terminat~on In the event of temunat~on by the County, County shall reimburse C~ty for all invoices submitted up to and including the date of tenmnataon Notices shall be d~rected as follows For C~ty For County Jeff A Moseley Denton County Judge 110 East H~ckory Denton, Texas 76201 w~th a copy to D~stnct Attorney's Ofhce/C~wl D~ws~on 319 West Oak Street 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 part~es in Denton County, Texas The part~es mutually agree that venue for any obhgat~on arising from th~s Agreement shall he ~n Denton, Denton County, Texas X Th~s wmmg ~s intended by the part~es as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement Th~s Agreement can be modffied or rescinded only by a writing s~gned by both of the part~es or their duly authorized agents XI Th~s Agreement ~s not intended to extend the habd~ty of the part~es beyond that provided by law Neither County nor C~ty wmves, nor shall be deemed hereby to wmve, ICA Denton McK~nney 4 any lrmnumty or defense that would otherwise be avmlable to it against clmms arising by third part~es XII In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the pames hereto that the remmmng portions shall remmn 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, the o~ day of ~.l)t ,1996 COUNTY CITY Denton County, Texas City of Denton, Texas 110 West Hickory 215 East Mcganney Street Denton, Texas 76201 Denton, Texas 76201 ~Denton County Judge//'// Acting on behalf of and by (// Acting on behalf of and by authority of the City Council of authority of the Commissioners Court of Denton County, T..~f~' $ 0N Denton, Texas , m ~ Attest Tim Hodges, County ICA Denton McKmney 5 Approved as to form Approved as to form )kssistant District Attorney ~ City Attorn~ AUDITOR'S CERTIFICATE I hereby cemfy that pursuant to Commissioners Court order # q~. - ,,2 o~toq funds wall be avmlable m fiscal year 1996-1997 in the amo~u~ of THREE HUNDRED THOUSAND DOLLARS ($300,000 00) to accomphsh/~nd/~ay the obhga, t~on ~f Denton County, Texas under this Agreement J~es Well~, ~o~nty Auditor ICA Denton McKlnney 6