1995-075j:\~PDOCS\ORD\SHADSHOR.ORD
A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON FOR THE RECONSTRUCTION OF WEST
SHADY SHORES ROAD; AUTHORIZING THE EXPENDITURES OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement between the city of Denton and the County of Denton for
the reconstruction of West Shady Shores Road, a copy of which is
attached hereto and incorporated herein by reference.
SECTION II. That the expenditure of funds as provided in
agreement is hereby authorized.
SECTION-- III. That this ordinance shall become effective
immediately upon its passage and approval. ~
PASSED AND APPROVED this the /~"day of 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A~OVED I TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
CITY/COUNTY INTERLOCAL AGREEMENT
WHEREAS, the County of Denton, Texas, hereinafter called "County" and the City
of Denton, Texas, hereinafter called "City", want to enter into an agreement for the
reconstruction of West Shady Shores Road, herein called road project.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, provides authorization for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the Act;
and
WHEREAS, the County Road and Bridge Act, Article 6702-1 Vernons Annotated
Civil Statutes provides:
(a) The Commissioners Court of a county may expend county funds to finance the
construction, improvement, maintenance, or repair of a street or alley located in the county
within the limits of an incorporated city or town if the work on the street or alley is done
with the consent and approval of the governing body of the city or town.
(b) The authority of the county to finance the constraction, improvement,
maintenance, or repair of the street or alley includes the authority to provide any necessary
roadbed preparation or material, paving or other hard covering of the street or alley, curbing
or guttering, or bridges or drainage facilities.
(c) The construction, improvement, maintenance, or repair may be done or
financed:
(1) by the county through the use of county equipment; provided, however,
that a county acting under this subsection may not expend bond funds for the
construction of new roads within the incorporated limits of a city or town
unless such construction is specifically authorized in the election approving the
issuance of such bonds regardless of the source of the funds used to acquire
that equipment;
(2) by an independent contractor with whom the county has contracted or by
the county as an independent contractor with the city; or
(3) by the city or town, with the city or town to be reimbursed by the county.
NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by
County and City upon and for the mutual consideration stated herein:
WITNESSETH:
I.
The term of this Agreement is twelve months beginning on the date of execution of
this agreement.
II.
City hereby requests the assistance of County in reconstructing the road project, West
Shady Shores Road. City further requests County to secure a contract for the reconstruction
of West Shady Shores Road.
III.
City agrees to provide County funding towards the reconstruction of West Shady
Shores Road in the amount of Twenty-five Thousand ($25,000.00) dollars, due and payable
on the date of execution of this agreement. City shall make said payment from its current
revenues.
IV.
City agrees to allow County to reconstruct the project within the City's limits.
Vo
County agrees to secure a contract for the reconstruction of West Shady Shores
Road.
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County agrees to appropriate funds to this project in an amount not to exceed Three
hundred thousand ($300,000.00) dollars for the complete project. County shall make
payment for the reconstruction of the road project from its current revenues.
Executed this 6 day of April , 1995, by the County of Denton
pursuant to the Commissioners Court Order # 95-1081 and by the City of Denton,
pursuant to the City Council Rcac.ut~cn passea ~ ?~ //¢~-~---'
DENTON COUNTY, TEXAS CITY
jBeY: :~y,*'C~unty Jud e~-.~'~?".:~ ~ By:
,::,. Mayor
~'~i'~.'~r2'; .~ ~ ;
~ ~ i.;~ A~EST:
A~EST: ~g},_ ~
~~oun~ Clerk Ci~r~ta~
APPROVED AS TO FORM: APPR0~ED~ TO FO-I~I:
Assistant District Attorney ~y .,~
AUDITOR'S CERTIFICATE
amount
I hereby certify that funds are available in the of $ to accomplish
and pay the obligation of Denton County under this
C~4y Auchtor
DEPARTMENT OF PUBLIC WORKS
March 30, 1995
Mr. Jerry Clark, P.E.
Director of Transportation and Engineering
City of Denton
215 E. McKinney
Denton, Texas 76201
Re: West Shady Shores Road Improvements
Dear Jerry:
Enclosed are two (2) copies of an Interlocal Agreement between the City of Denton and
Denton County for the reconstruction of West Shady Shores Road. As you are aware, the
County has received bids for this project and has chosen to award a contract to All-Tex
Paving, Inc. for an amount of $ 358,300.00. The Town of Shady Shores and the City of
Corinth are also participating in this project, along with the City of Denton and Denton
County. A complete breakdown of the anticipated cost participation is as follows:
Town of Shady Shores $ 80,000
City of Corinth $ 30,000
City of Denton $ 25,000
Denton County $ 223300
TOTAL $ 358,300
We are presently proceeding with finalizing the contract with All-Tex Paving and will
probably present the contract to the Commissioners Court for approval on April 11, 1995.
Your assistance in expediting the approval of the subject interlocal Agreement will, therefore,
be appreciated. Once the agreements are approved and executed please return both copies to:
Ms. Carmen Rivera-Worley
Assistant District Attorney
Civil Division
321 West Oak Street
Denton, Texas 76201
Thank you for your attention to this matter. Should you have any questions, please feel free
to call Ms. Rivera-Worley at 817/565-8660 or Jack Wagner in this office at 817/565-8690.
Michael A. Jones, P.E. - Director
306 N. Loop 288, Suite 115, Denton, TX 76201 ph. 817-565-8689 fax. 817-565-5620
Mr. Jerry Clark/West Shady Shores Road Improvements/March 30, 1995
Page 2
erely,
Director
cc: Kirk Wilson, Commissioner Precinct 1
Mr. Rick Svehla, Deputy City Manager - City of Demon
Ms. Carmen Rivem-Worley, Assist D.A. - Civil Division
Mr. Jack Wagner, Assistant Director of Public Works - Denton County