19-1083•I � � � �" �*
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'�� 4" � f(;�1� �. The Mayor, or his designee, is hereby authorized to execute the
Interlocal Cooperation Agreement with Denton County, Texas under Section 791 of the Texas
Government Code, a copy of which is attached hereto and incorporated by reference herein (the
"Agree ent"}.
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SECTION___4. This ordinance shall become effective immediately upon its passage and
approval.
pp e this ordinance was made by . ��the ordi ance was LL ass d��and a roved
The motion to a rov
seconded bY ._��.........��"��1��/�..�. �'���'����. ��_��-., ----- � p pP
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Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
�.�� Nay
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a�'',
Abstain
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Absent
PASSED AND APPROVED this the m^�� ��'� _ day of m�'�� � , 2019.
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ATTEST:
ROSA RIOS, CITY SECRETARY
BY: ��°� � �
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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BY: � °''� :� �
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THE STATE OF TEXAS §
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COUNTY OF DENTON §
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THIS AGREEMENT is made, entered into, and executed by and between Denton County,
Texas, a duly organized political 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, a Texas home-rule municipal corporation, 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 collectively referred to herein as "the
Parties."
WHEREAS, the County and the City mutually desire to enter into this Agreement whereby
the County agrees to provide guardrails on a portion of Hickory Creek Road located entirely within
Denton County and Denton County Commissioner Precinct #1, and partially within the municipal
limits of the City of Denton, hereinafter "the Project;" and
WHEREAS, the cost of the Project shall not exceed SEVENTY THOUSAND AND
NO/100 DOLLARS ($70,000.00), and the CITY shall reimburse the County for FIFTY PERCENT
(50%) of the Project not to exceed THIRTY FNE THOUSAND AND NO/100 DOLLARS
($35,000.00); 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 governmental functions and services under the terms of the Act, and the County and the City
hereby mutual agree to be subject to the provisions of the Act; and
WHEREAS, the County and the City value the timely completion of the Project which
involves a road which is 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, this Agreement is hereby made and entered into by the County and
the City upon and for the mutual consideration stated herein:
ICA — Denton — Hickory Creek Road — Guardrails Page 1 of 7
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I.
Pursuant to Texas Government Code §791.01 l, 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.
II.
The County and the City hereby agree that the scope of the Project shall be limited to the
installation of guardrails on a portion of Hickory Creek Road located entirely within Denton
County and Denton County Commissioner Precinct #1, and partially within the municipal limits
of the City of Denton, at a cost of completion that shall not exceed SEVENTY THOUSAND AND
NO/100 DOLLARS ($70,000.00).
III.
The City hereby agrees to contribute an amount equal to FIFTY PERCENT (50%) of the
Project cost and shall not exceed THIRTY FIVE THOUSAND AND NO/100 DOLLARS
($35,000.00) toward satisfactory completion of the Project.
IV.
The County agrees to provide all guardrail installation which may be required for
satisfactory completion of the Project.
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The County agrees to secure a contract for the guardrail installation of the Project and to
oversee performance of guardrail installation which may be reyuired for satisfactory completion
of the Project. In addition, the County will provide all project inspections and approval of all
payments.
VI.
This exchange of funds and in-kind services between the County and the City is
deemed adequate consideration for the obligations exchanged by the Parties herein.
ICA — Denton — Hickory Creek Road — Guardrails Page 2 of 7
VII.
At the conclusion of the Project, the County shall submit an invoice for reimbursement to
the City of Denton Budget, Mr. Dan Galizia, 215 E. McKinney Street, Denton, Texas, 76201, and
the City shall reimburse the County in full for all approved expenses, within forty-five (45)
calendar days of receipt of an invoice from the County, 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.
VIII.
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, hereby 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.
IX.
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. In the event of termination by the City, the City
shall pay all approved invoices submitted up to and including the date of termination.
X.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes all prior negotiations, representations, 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 Chris Watts, Mayor
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Copy To: Todd Hileman, City Manager
215 East McKinney Street
Denton, Texas 76201
ICA — Denton — Hickory Creek Road — Guardrails Page 3 of 7
For County: Honorable Andy Eads
Denton County Judge
110 West Hickory
Denton, Texas 76201
Copy To: Denton County Commissioner Precinct 1, Hugh Coleman
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
XI.
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.
XII.
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, or
representatives of the City.
XIII.
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
representatives of the County.
XIV.
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.
XV.
The City agrees to accept full responsibility for the acts, negligence, or omissions of all
City employees, agents, subcontractors, or contract laborers doing work under a contract or
agreement with the City.
ICA — Denton — Hickory Creek Road — Guardrails Page 4 of 7
XVI.
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.
XVII.
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. Venue for any dispute arising under the terms of this
Agreement shall be in Denton County, Texas.
XVIII.
The undersigned officers 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 certifes to the other that any necessary resolutions extending said authority have
been duly passed and are now in full force and effect.
XIX.
This Agreement becomes effective when signed by the last party whose signing makes the
respective Agreement fully 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.
ICA — Denton — Hickory Creek Road — Guardrails Page 5 of 7
Executed this_- - -�lay of_ ,,����'��� � ..m . . 2019�
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DENTON COUNTY, TEXAS
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
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Honorable �.��� d' ,. . .......,.0 �.,.
Denton County � ' ��
Acting by and on behalf of the authority of
Denton County Commissioners Court
ATTEST:
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Denton
CITY OF DENTON, TEXAS
215 East McKinney Street
Denton, "�"���� '���+�1 �
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Honorable Chris Watts, Mayor
City of Denton, Texas
Acting by and on behalf of the
City of Denton, Texas
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APPROVED AS TO FORM. `� �,„,;' � 1`,I�,��, � � �,����,:�'��;lf� ���� "�""� ���.�li�.�
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By �� � �
CityAttorney, Aaron Leal m n�
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
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ICA — DenWn — Hickory GYeek Road — Guardrails Psga 6 of 7
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Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project, at a total project cost which shall not exceed SEVENTY
THOUSAND AND NO/100 DOLLARS ($70,000.00), whereby the City of Denton shall make a
contribution which shall not exceed THIRTY FIVE THOUSAND AND NO/100 DOLLARS
($35,000.00) toward satisfactory completion of the Project.
The description of the Project and its location are as follows: providing for guardrails on a
portion of Hickory Creek Road located entirely within Denton County and Denton County
Commissioner Precinct #1, and partially within the municipal limits of the City of Denton.
The local governments which requested the Project and with whom the Agreement is by
and between are Denton County, Texas, and the City of Denton, Texas.
By vote on the date below, the Denton County Commissioners Court has approved the
Project identified above and authorized execution of this document by the presiding offcer of the
Denton County Commissioners Court.
Date.: � � �
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Presiding (:) �"$ ic� c ' ����;1 �,��tic�t�.
County �'��rM�7i��c�w car����,� Court
ICA — Denton — Hickory Creek Road — Guardrails Page 7 of 7