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1988-1612505L NO ~ffi&Z AN ORDINANCE AUTHORIZING ENTRY INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF DENTON, THE CITY OF HIGHLAND VILLAGE AND THE COUNTY OF DENTON RELATING TO THE ESTABLISHMENT OF A PROGRAM TO FINANCE AND COORDINATE THE PLANNING FOR THE EXTENSION OF FM 2499, PROVIDING FOR THE EXPENDITURE OF FUNDS PURSUANT TO SAID CONTRACT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an agreement Eetween the City of Denton and the City of Highland Village and the County of Denton relating to the establishment of a program to finance and coordinate the planning for the extension of FM 2499, under the terms and conditions contained in agreement, a copy of which is attached hereto and made a part hereof SECTION II That the City Council hereby authorizes the expenditure o funds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective immediately upon its passage and ;Pday 1 PASSED AND APPROVED this the of[~~, 1988 ea~ ~ RAY S 7 P EN R ATTEST MIFWWA LTER S CIT Y SEC RETARY & , APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY AJ/ ,„Q STATE OF TEXAS 5 INTERLOCAL COOPERATION COUNTY OF DENTON 9 AGREEMENT This INTERLOCAL COOPERATION AGREEMENT (together with any amendments and supplements hereto, the "Agreement"), dated as of August 1, 1988, executed by and among the COUNTY OF DENTON, TEXAS ("County"), the CITY OF DENTON ("Denton"), the CITY OF HIGHLAND VILLAGE ("Highland Village") and any other political subdivision of the State of Texas that becomes a party hereto in accordance with the terms hereof WITNESSETH WHEREAS, County, Denton, and Highland Village are authorized by the Interlocal Cooperation Act (the "Interlocal Act"), Article 4413 (32c), Vernon's Texas Civil Statutes, as amended, to enter into cooperative agreements among themselves, and with and among other political subdivisions, for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives and programs, and WHEREAS, County, Denton, and Highland Village have determined that economy and efficiency can be achieved through the establishment and administration of a cooperative program (the "Program") to finance and coordinate the planning and implementation in cooperation with the Texas Department of Highways and Public Transportation for the extension of FM2499, which each is authorized by law to do, and WHEREAS, County, Denton, and Highland Village have additionally determined that other political subdivisions that are qualified to do so under the Interlocal Act should be permitted to join with them as parties to this Agreement in order to enhance and fulfill the purposes of the Interlocal Act and their own respective public purposes by participating in the Program (County, Denton, Highland Village and such other additional parties hereto being herein collectively referred to as the "Participating Political Subdivisions"), and WHEREAS, County, Denton, and Highland Village agree, and each additional political subdivision that becomes a Participating Political Subdivision by its acceptance hereof assents, to the creation and designation of the 2499 Task Force ("Task Force") as the administrative agency and instrumentality of the County, and as the administrative agency of the Participating Political Subdivisions under the Interlocal Act in implementing the Program and performing the functions specified herein, NOW, THEREFORE, County, Denton, and Highland Village, and such additional political subdivisions as assent hereto, have agreed and hereby do agree as follows, to-wit. Section 1 Creation and Pur oses of the Pro ram (a) County, Denton, and H ghland Village hereby agree to cause the Program to be established for their benefit and for the benefit of the other Participating Political Subdivisions (b) The Program shall be implemented and administered in accordance with and subject to the terms of this Agreement (c) The purposes of the Program are (1) to obtain the benefits, efficiencies and cost savings that can accrue to the Participating Political Subdivisions by concurrent financing and cooperation, and (2) to take all necessary steps to have rM2499 extended North from FM407 Section 2 Creation. Powers and Duties of Administrative Agency (a) It is agreed that the Participating Political Subdivisions shall authorize the creation of the Task Force (b) County, Denton, and Highland Village and the other Participating Political Subdivisions designate the Task Force as their administrative authority under the Interlocal Act to perform the following services and functions, to-wit (i) to implementation of (ii) to services as may legal functions, deemed necessary prepare and develop plans for the the Program, designate and retain professional be appropriate for engineering studies, and any other services which may be for implementation of the Program, (iii) to coordinate with the Texas Department of Highways and Public Transportation for implementation of the Program, (iv) to raise funds necessary for planning and implementation of the Program from public or private sources, (v) to take steps to acquire necessary right of way and all governmental permits to implement the Program, (vi) to perform any functions and duties imposed by it under the terms of the contract, or other agreement to which it is a party Section 3 Obligations of Participa subdivisions (a) The payment for performance 0 a 0 6 r -2- f unctions, made f rom services and obligations of the Task Force shall be current Participating Political revenues available to the Subdivisions or f ain r i d by the Task Force rom other fund s a se (b) responsible Each Participating Political Subdivision for funding of th T k shall be amounts e as Force in the following County $50,000 Denton $25,000 Highland Village ;25,000 After bodies,c)the County authorization entono and bHighlandVillage respective will governeing appoint three members to a Hoard of Directors ("Hoard"), which will become the governing body of the Task Force Section 4 Additional Parties Withdrawals (a) ?,ny become agovernment," as de nod in the Interlocal 'Act, may by the executionoof this Additional Party Agreement tsubstantially in the form and substance attached hereto as Exhibit A (b) Any Participating Political Subdivision may withdraw from this Agreement at any time by giving 30 days written notice to all Participating Political Subdivisions and the Task Force It is provided, however, that such withdrawal shall not reduce, diminish or impair any then outstanding obligations of the withdrawing political subdivision Section 5. Public Meetings and Records All meetings of the Hoard of Directors of the Task Force shall be open to the public and notice thereof shall be given in accordance with the requirements of Article 6252-17, Vernon's Texas Civil Statutes, as amended, and all records of the Task Force shall be open to public inspection in accordance with Article 6252-17a, Vernon's Texas Civil Statutes, as amended Section 6. Term The term of this Agreement shall be one year from the date hereof and shall automatically be renewed for one year on each anniversary of the commencement except with respect to any Participating Political Subdivisions that may have withdrawn herefrom in accordance with Section 4 hereof Section 7 Other ©oveinmental Programs The execution of the Agreement by any Part cipat ng Pol t cal Subdivision does not in any manner limit, impair, diminish or affect its right or power to participate in any other governmental programs by interlocal agreement or otherwise. oaos, -3- section 8 AcCe_Qtance By Task Force After the creation of the Task Force in accordance herewith, this Agreement shall be submitted to the Task Force for its approval, acceptance and agreement as hereinbelow provided, after the execution of which, this Agreement shall be in full force and effect EXECUTED AND DELIVERED initially by and between County, Denton, and Highland Village on and as of the day and year first above written CITY OF DENTON, TEXAS By /s/ 611' A2-0-1~ r ATTEST ayo s ~L ty Secretary CITY OF *(GHLAND VILT AGE, ATTEST• By 0 0 a I r -4- ACCEPTANCE BY TASK FORCE The 2499 Task Force hereby accepts the terms and provisions of the above and foregoing Agreement and agrees to be bound thereby to the extent required therein, all on and as of this day of 1988 2499 TASK FORCE [SEAL] ATTEST By /s/ Chair !s/ Secretary a a a 6r -S- Exhibit A Additional Party Agreement The below named political subdivision of the State of Texas, acting by and through the undersigned duly authorized officer(s), by this instrument agrees to become a Participating Political Subdivision under, but strictly subject to, the terms and provisions of that certain Interlocal Cooperation Agreement, dated as of August 1, 1988, and initially executed by and among the County of Denton, the City of Denton, and the City of Highland Village Executed this day of 1900 (District) (City) (County) (etc ) By Duly Authorized Officer 000fr -6- ADDENDUM INTERLOCAL COOPERATIVE AGREEMENT The following items are hereby added to the above agreement: 1) All milestone phases of roadway alignment development will be reviewed and approved by City of Denton, City of Highland Village, and Denton County prior to Task Force approval. 2) The Task Force shall prepare and submit a budget of projected expenditures to the City of Denton, City of Highland Village and Denton County for their approval prior to reimbursement of any project costs 3) The above two requirements shall be included in the text of the agreement between the Task Force and the Consultant (s) 4) All contracts between the Task Force and Consultant (s) shall be approved by City of Denton, City of Highland Village and Denton County. -7- s ~ r { ~ i f ~ # ~ k ~ i ~ i, , i s i ' t ~ f 1 } t i i' II ~i 'I i ~ i ~ 1 1 ~ t I ~ 4 i I ~ ~ ~ I ~ I 1 ~ I r I ~ ' { f f i f ~ ~ i i ~ ~ i ~ i1 I 3 i ~ ii I ~ ~ i 4 V I L 1 ~ ' ~ ~ I I ~ I ~ ~ 1 f j I ~ ( I ' ~ I ~ Y f I ~ ~ ~ ~ i ~ f I ~ ~ f k p _ _ _ ( _ _ - _ _ - - -