2011-231
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AmendmentNo.1toInterlocalAgreementɋOrdinanceNo.1862704/10/18JR
s:\legallour documentslordinances\l llcounty interlocal - bicycle roadway component pct I.doc
ORDINANCE NO. 2011-231
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT
("ICA") BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS, 1N THE
AMOUNT OF $100,000.00, UP TO $50,000 BEING PAYABLE BY DENTON COUNTY,
TEXAS AND UP TO $50,000 BE1NG PAYABLE BY THE CITY OF DENTON, RELATED
TO THE ENGINEERING AND CONSTRUCTION OF CERTAIN BICYCLE ROADWAY
ACCOMMODATIONS WITHIN THE STREET OR ROAD WAYS WITHIN THE
MUNICIPAL LIMITS OF THE CITY AND DENTON COUNTY COMMISSIONER
PRECINCT NO. 1; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the Interlocal
Cooperation Agreement by and between the City of Denton, Texas and Denton County, Texas,
captioned above serve important municipal and public purposes and are in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Interlocal Cooperation Agreement
between the City of Denton and Denton County, Texas to provide for the construction of certain
bicycle roadway accommodations within the street or road ways within the municipal limits of
the City of Denton, Texas and Denton County Commissioner Precinct #1, in the form as attached
hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said
Interlocal Cooperation Agreement for and on behalf of the City of Denton,
SECTION 2. The City Council hereby further authorizes the Mayor to execute the
"Approval of Interlocal Cooperation Agreement", attached to the Interlocal Cooperation
Agreement, for and on behalf of the City of Denton.
SECTION 3. The expenditure of funds as provided in the Interlocal Cooperation
Agreement, is hereby authorized.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
� �
PASSED AND APPROVED this the � day of d�'� , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
t�OVED A�' TO LEGAL FORM:
A BURGESS, CITY ATTORNEY
BY:
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton
County, Texas, a po�itical subdivision of the State of Texas, engaged in the administration of
county government and related services for the citizens of Denton County, Texas, hereinafter
"the County;" and the City of Denton, Texas, a home rule municipality duly organized and
existing under the laws and constitution of the State of Texas, engaged in the administration of
municipal government and related services for the citizens of the City of Denton, Texas,
hereinafter "the City." The County and the City are hereinafter collectively referred to as "the
Parties."
WHEREAS, the County and the City mutually desire to enter into this Agreement
whereby the City agrees to perform construction of certain bicycle roadway accommoda�ions
within the street ar road ways within the municipal limits of the__ City and Denton County
Commissioner Precinct #1, as more particularly described herein, hereinafter "the Project;" and
WI�EREAS, the Interlocal Cooperation Act, Texas Goverrunent Code Chapter 791 (the
"Act"), provides authorization for a local government to contract with one or more local
governments to perform governmental functions and services under the terms of the Act; and the
County and the City herby mutually agree to be subject to the provisions of the Act; and;
WHEREAS, the City is in the process of updating the Pedestrian and Bicycle Linkage
Component of the Denton Mobility P1an and has identified potential projects, including the
Project, aimed at improving the accommodation of these alternative modes of transportation on
the roadway system; and
WHEREAS, the County and the City value the timely completion of the Project which
involves roads which are an integral part of the City's and County's road system and the Parties
are undertaking the Project to improve safe travel on an improved roadway.
NOW, THEREFORE, this Agreement is hereby made and entered into by the County
and the City upon and for the mutual consideration stated herein:
WITNESSETH:
I.
Pursuant to Texas Government Code §791.011, the County and the City hereby enter
into this Agreement in order to perform certain governmental functions and services in the area
of streets and roads. The purpose of this Agreement is to provide a governmental function or
service that each party is authorized to perform individually.
II.
The County and the City hereby agree that the scope of the Project shall be limited to
engineering and construction of striping, signage and other improvements to Pennsylvania Drive
from its intersection with the IH35E frontage road south to Teasley Lane within the municipal
limits of the City and Denton County Commissioner Precinct #l. The Project's total cost is
currently estimated to be ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for
engineering and construction, hereinafter "the cost of the Project."
III.
The County agrees to contribute a sum not to exceed FIFTY THOUSAND DOLLARS
($50,000.00) in fiscal year 2012 (FY 2012) as the County's portion toward satisfactory
completion of the Project. The City agrees to contribute up to an estimated sum of FIFTY
THOUSAND DOLLARS ($50,000.00) in FY 2012 and provide the in-kind services provided
below as the City's portion toward the satisfactory completion of the Project. This exchange of
monetary consideration and in-kind services is deemed adequate and fair consideration for the
obligations exchanged by the Parties herein.
IV.
�. The City agrees to secure a contract for the construction of the Project and to oversee any
necessary engineering which may be required for satisfactory completion of the Project. In
addition, the City will provide all project inspections and approve all payments, including
requested funding from the County, as construction invoices are received.
v.
As the City proceeds with the completion of the Project, the City shall submit invoices for
up to the first FIFTY THOUSAND DOLLARS ($50,000.00) incurred related to the Project for
reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423,
Denton, Texas 76201, and the County shall reimburse the City on a pro-rata basis (wluch is 50% of
each invoice), based on the relative funding obligations of the Parties, for all approved expenses
related to the Project witlun tliirty (30) calendar days of receipt of an invoice from the City, provided
that all expenditures are made in a manner which is consistent with the terms of this Agreement.
Upon satisfactory completion of the Project, the County and the City shall prepare and complete a
full audit of the Project.
VI.
In the event of a substantial failure by the defaulting party to fulfill its obligations under
this Agreement through no fault of the non-defaulting party, this Agreement, may be terminated
in whole or in part by the non-defaulting party upon thirty (30) days written notice, as provided
below. No such termination may be affected unless the defaulting party is given: (1) written
notice delivered via certified mail, return receipt requested, of intent to terminate, setting forth
the substantial failure to perform; and (2) not less than thirty (30) calendar days to cure the
failure; and (3) an opportunity for consultation with the non-defaulting party prior to termination.
In the event of such termination, the County shall pay all approved invoices submitted by the
City up to and including the date of termination.
VII.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes all prior negotiations, representations and/or agreements, either oral or
written. This Agreement may be amended only by written instrument signed by both of the
Parties. Notices shall be directed as follows:
For City: Honorable Mark Burroughs
Mayor of the City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Copy To: Mr. George C. Campbell, City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
For County: Honorable Mary Horn �,
Denton County Judge
110 West Hickory
Denton, Texas 76201
Copy To: Denton County Criminal District Attorney's Office
Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
VIII.
The covenants, terms and conditions herein are to be construed under the laws of the
State of Texas and are performable by the Parties in Denton County, Texas. THE PARTIES
MUTUALLY AGREE THAT VENUE FOR ANY OBLIGATION ARISING FROM THIS
AGREEMENT SHALL LIE SOLELY 1N DENTON COUNTY, TEXAS.
IX.
The County agrees and understands that the County, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of the City.
�
The City agrees and understands that the City, its employees, servants, agents and/or
representatives shall at no time represent themselves to be employees, servants, agents and/or
representatives of the Couniy.
F:iA
As between the City and the County, and as permitted by law, the County agrees to
accept full responsibility for the acts, negligence and/or omissions of all County employees,
agents, subcontractors and/or contract laborers and for all other persons doing work under a
contract or agreement with the County.
XII.
As between the City and the County, and as permitted by law, the City agrees to accept
full responsibility for the acts, negligence and/or omissions of all City employees, agents,
subcontractors and/or contract laborers and for all other persons doing worlc under a contract or
agreement with the City.
XIII.
This Agreement is not intended to extend the liability of the Parties beyond that provided
for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties.
XIV.
Subject to the terms hereof, in the event that any provision of this Agreement shall be
found to be void or otherwise unenforceable pursuant 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 fullest extent
possible. Notwithstanding anything to the contrary herein, should the obligation of the County to
reimburse the funds as contemplated by Article III and Article V, above, be found to be void or
otherwise unenforceable, this Agreement may, if so elected by City, be terminated by the City,
thereby relieving the Parties of all obligations hereunder.
XV.
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 necessary resolutions or other actions
extending said authority have been duly passed and are now in full force and effect.
XVI.
Each party paying for the performance of governmental functions as provided herein
shall make those payments from current revenues available to the paying party.
XVII.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fuily executed and the term of this Agreement is for the life of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
Executed in triplicate originals this �� day of , 20�
�—
DENTON COUNTY, TEXAS
110 West Hickory
Denton, Te,�as�76201
By: �l�
Honorable Mary
Denton County J
Acting on behalf and by the authority of
The Commissioners Court of
Denton County, Texas .�3,g�a3s�,dd,�
ATTEST:
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By:
Assistan D' trict Attorney
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CITY OF DENTON, TEXAS
215 E. McKinney
Denton, Texas 76201, ,
Honorable Ma`rlc Bu`r
Mayor of the City of
Acting on behalf and by the authority
of the City of Denton,
Denton County, Texas
ATTEST:
B y:
Ci S cretary
APPROVED AS TO FORM:
By:
�
City Attorney
County
COUNTY UDITOR'S CERTIFICATE
I hereby certify funds ' available to accomplish and pay the obligation of Denton
, Texas, under this Agreement. �
CITY CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of the City
of Denton, Texas, under this Agreement. � ;-')
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project requiring the payment of funds and assignment of
responsibility and obligation for engineering and construction of striping, signage and other
improvements to Pennsylvania Drive from its intersection with the IH35E frontage road south to
Teasley Lane located in the City of Denton, Texas, and Denton County Commissioner Precinct
#1, herein gives its specific written approval to the Project prior to beginning the Project in
satisfaction of the requirements of the Interlocal Cooperation Act, Texas Government Code
Chapter 791, and specifically Texas Government Code §791.014.
The description of the Project to be undertaken and its location are as follows: Striping,
signage and other improvements to Pennsylvania Drive from its intersection with the IH35E
frontage road south to Teasley Lane, located within the corporate limits of the City of Denton,
Texas, and Denton County Commissioner Precinct #1.
The local governments which requested the Project and with whom the agreement is by
and between are Denton County, Texas, and the Ciiy of Denton, Texas.
By vote on the date below, the Denton County Commissioners Court has approved the
project identified above and authorized execution of this document by the presiding officer of the
Denton County Commissioners Court. �,
Date:
:
County Commissionl�ls Court
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
The City of Denton, Texas, acting by and through the Denton City Council, having been
advised of the Project requiring the payment of funds and assignment of responsibility and
obligation for engineering and construction of striping, signage and other improvements to
Pennsylvania Drive from its intersection with the IH35E frontage road south to Teasley Lane,
located in the City of Denton, Texas, and Denton County Commissioner Precinct #1, herein
gives its specific written approval to the Project prior to beginning the Project in satisfaction of
the requirements of the Interlocal Cooperation Act, Texas Government Code Chapter 791.
The description of the Project to be undertaken and its location are as follows: Striping,
signage and other improvements to Pennsylvania Drive from its intersection with the IH35E
frontage road south to Teasley Lane, located within the corporate limits of the City of Denton,
Texas, and Denton County Commissioner Precinct #l.
The local governments which requested the Project and with whom the agreement is by
and between are Denton County, Texas and the City of Denton, Texas.
By vote on the date below, the Denton City Council has approved the Project identified
above and authorized execution of this document by the presiding officer of the Denton City
Council.
Dat�
By:
Pre�
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