2017-100I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY, TEXAS, REGARDING THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE
ENTERSECTION OF CINDY LANE AND US 380 (UNIVERSITY DRIVE); AND
1!'12OVID1LTG4LV, EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") and Denton County, Texas (the
"County") have coordinated with the Texas Department of Transportation (TxDOT) to install a
traffic signal at the intersection of Cindy Lane and US 380; and
WHEREAS, TxDOT has completed the requisite traffic analysis of the intersection and
has warranted the installation of a signal for the identified intersection; and
WHEREAS, the City and the County believe it is in the best interests of the citizens of
the City of Denton and Denton County to install a traffic signal to improve traffic safety; and
WHEREAS, the County will contribute $250,000 of the approximate $400,000 of
necessary funding for the design and construction of a traffic signal at the intersection of US 380
and Cindy Lane; and
WHEREAS, the City will contribute the remainder of the funds, as well as provide
design, project management, coordination with TxDOT and Denton County, and plan reviews
and approvals; and
WHEREAS, the City Council finds that the Interlocal Cooperation Agreement is in the
public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute
Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County,
Texas, attached hereto as Exhibit "A," on behalf of the City and is further authorized to carry out
the rights and duties of the City under the Interlocal Cooperation Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of� , 2017.
JENNIFER WALTERS, CITY SECRETARY
1 AN 1.11
.. • •_
BY: ,
2
CHRIS WATTS, MAYOR
�HE STATE OF TEXAS §
COUNTY OF DENTON §
INTER1,0CAL COOP'.rJZAJJ()N AG'REEMENT RETWEEN'
DENTON COUNTY a TEXAS AND THE CITY OF DENTQN,TEXAS
11 i T_qgff•g •1 1 1 1 � 1 1 1 1 1 1•1 1 1 1 1 1 1 1 ! 1! 1 1 1 1 1! 6 4
Texas, a duly organized political subdivision of the State of Texas, hereinafter "the County," and
the City of Denton, Texas, a Texas home rule municipal corporation, existing under the laws of
the State of Texas, hereinafter "the City," each acting by, through, and under the authority of their
respective governing bodies and officials. The County and the City are collectively referred to
herein as "the Parties."
WHEREAS, the County and the City mutually desire to enter into this Agreement for the
purpose of design, construction, project management, coordination with TxDOT and Denton
County, plan reviews and approvals, costs to establish electrical service, and other necessary and
customary costs as agreed to by the parties for installation of traffic signals at the intersection of
US 380 and Western Boulevard/Cindy Lane, located entirely within the municipal limits of the
City and within Denton County Commissioner Precinct #4, hereinafter "the Project;" and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791,
hereinafter "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 both have the authority to perform the services set forth in this Agreement,
individually, and hereby mutually desire to enter into this Agreement pursuant to the authority of the
Act and agree to be subject to the provisions of the Act; and
WHEREAS, the County and the City value the timely completion of the Project
involving roads, which are an integral part of the County's road system, and the Parties are
undertaking the Project to facilitate safe travel on an improved roadway; and
NOW, THEREFORE, the City and the County, for and in consideration of the mutual
representations, terms, and covenants hereafter setforth and pursuant to the authority granted by the
governing bodies of each of the Parties herein, in accordance with Section 79 1.011, agree as
follows:
IM
All matters and recitations stated in the preamble to this Agreement are true and correct
and are hereby incorporated by reference into the provisions of this Agreement for all purposes.
ICA— Denton —Traffic Signals at US 380 &Western Blvd/Cindy Lane Page I of 7
Ii.
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, roads, and drainage. The purpose of this Agreement is to provide a governmental
function or service that each party is authorized to perform individually.
M.
The County and the City hereby agree that the scope of the Project shall be limited to
installation of new traffic signals at the intersection of US 380 and Western
Boulevard/Cindy Lane at a total estimated cost of completion for the Project of TWO
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00). Design and
construction will be in conformance with City and TxDOT requirements. Eligible costs for
reimbursement include design, construction, project management, coordination with TxDOT and
Denton County, plan reviews and approvals, costs to establish electrical service, and other
necessary and customary costs as agreed to by the parties to this agreement.
IV.
The County hereby agrees to contribute an amount which shall not exceed TWO
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) towards satisfactory
completion of the Project. The County's contribution is subject to formal approval of funding by
the Denton County Commissioners Court.
V.
The City hereby agrees to provide design, construction, project management,
coordination with TxDOT and Denton County, plan reviews and approvals, costs to establish
electrical service and other necessary and customary costs for satisfactory completion of the
Project. In addition, the City will provide all inspections of the Project.
Vi.
As required by Texas Transportation Code §251.012 and as evidenced by the signature of
the City's representative below, the governing body of the City, by the execution of and approval
of this Agreement, approves of the expenditure of County money to finance the construction,
improvement, maintenance, or repair of a street or alley in the County that is located in the City.
VII.
This exchange of in-kind services between the County and the City is deemed adequate
consideration for the obligations exchanged by the Parties herein.
ICA — Denton —Traffic Signals at US 380 & Western Blvd/Cindy Lane Page 2 of 7
M1
The County agrees and understands that the County, its employees, servants, agents, or
representatives shall at no time represent themselves to be employees, servants, agents, 19
WA
The City agrees and understands that the City, its employees, servants, agents, or
representatives shall at no time -represent themselves to be employees, servants, agents, or
94
The County agrees to accept full responsibility for the acts, negligence, or omissions of
all County employees, agents, subcontractors, or contract laborers doing work under a contract or
agreement with the County.
w
The City agrees to accept fall responsibility for the acts, negligence, or omissions of 4
City employees, agents, subcontractors, or contract laborers doing work under a contract or
agreement with the City.
W1
The City shall submit invoices for reimbursement to the Denton County Auditor, James
Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, and at the same time submit a copy
of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley
View Lane, Farmers Branch, Texas 75234. Invoices should be submitted on a monthly basis, and
the County shall reimburse the City based on the agreed upon funding obligations of the Parties for
all approved expenses related to the Project within thirty (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
RIM
This Agreement becomes effective when signed by the last party whose signing makes
XIV.
This Agreement may be terminated in whole, or in part, by the County or the City upon thirty (30)
days written notice to the other party at any time, with or without cause. In the event of termination
ICA —Denton —Traffic Signals at US 380 &Western Blvd/Cindy Lane Page 3 of 7
XV.
This Agreement represents the entire agreement between the County and the City with
respect to the subject matter hereof and supersedes all prior negotiations, representations, and
agreements, either oral or written with respect to the subject matter of this Agreement. This
Agreement may be amended only by written instrument signed by both of the Parties. Notices shall
For City: Todd Hileman, City Manager
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76102
Copy To: Office of the City Attorney
City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76102
For County: Honorable Mary Horn
Denton County Judge
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
Copy To: Denton County District Attorney's Office - Civil Division
1450 East McKinney Street, Suite 3 100
Denton, Texas 76209
V.V"
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 in Denton
XVII.
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
M. • _
ICA — Denton—Traffic Signals at US 380 &Western Blvd/Cindy Lane Page 4 of 7
rid/ I1
In the event that any portion of this Agreement shall be found to be contrary 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.
go
The undersigned officers and 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 extending said
authority have been duly passed and are now in full force and effect.
IN WITNESS HEREOF, the City of Denton, Texas and Denton County, Texas have each
individually caused this Agreement to be executed by its duly -authorized and empowered officer on
the dates set forth below.
Executed this _ - day of 2017.
DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
110 West Hickory 215 E. McKinney Street
Denton, Texas 76201 Denton, Texas 76102
By:- By:
Honorable� Horn Todd Hileman
Denton Cot i Judge City Manager
Acting by and on behalf of the authority Acting by and on behalf of the authority
of Denton County Commissioners Court of the City of Denton, Texas
ATTEST:
1-2
ATTEST;.
J.1,01NNIF[-,,R WALTERS, CITY SECRETARY
ICA — Denton —Traffic Signals at US 380 & Western Blvd/Cindy Lane Page 5 of 7
G Ol
By: ...............
Assistant Distqt Altorij
APPROVED AS TO LEGAL FORM:
AARON INTERIM CITY ATTORNEY
By:
ICA —Denton —Traffic Signals at US 380 &Western Blvd/Cindy Lane Page 6 of 7
CJ)IJNTY AUMTOR'S L,EMFICATE
I hereby certify fands are available to accomplish and pay the obligation of Denton
Denton CotuitY A41ditor
ICA — Denton —Traffic Signals at US 380 & Western Blvd/Cindy Lane Page 7 of 7
APPROVAI.., OF INTERLOCAL COOPERATION AGREEMEN'L BETWEEN DENTON
CQUNTY, TEXAS—, j—NN 1) T11 r—�, CrFAI OF DENTON,1LXAS
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project, which consists of construction and installation of new traffic
signals at the intersection of US 380 and Western Boulevard/Cindy Lane, hereby approves the
Project under an Interlocal Cooperation Agreement with the City of Denton, The Project will be
performed within the boundaries of the City of Denton and Denton County Commissioner Precinct
#4. The total estimated cost of completion for the Project is TWO HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($250,000.00) of which Denton County agrees to
contribute an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND NO/100
DOLLARS ($250,000.00). Design and construction will be in conformance with City of Denton
and TxDOT requirements. Eligible costs for reimbursement include design, construction, project
management, coordination with TxDOT and Denton County, plan reviews and approvals, costs
to establish electrical service, and other necessary and customary costs as agreed to by the parties
to this agreement. Denton County, Texas, hereby gives its specific written approval of the
Project prior to beginning the Project in satisfaction of the requirements of the Interlocal.
Cooperation Act, Chapter 791, Texas Government Code.
The local government which requested the Project and with which Denton County,
Texas, has contracted is the City of Denton, Texas.
By vote on this date, the Denton County Commissioners Court has approved the Project
identified above and authorized execution of this document by the presiding officer on behalf of
Denton County, Texas.
Date:,,
Presiding Offic4- (ODenton County Commissioners Court
ICA — Denton —Traffic Signals at US 380 & Western Blvd/Cindy Lane Page 7 of 7