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
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