20-479SALega1\0ur Documents\0rdinances\20\ICA for Bonnie Brae Ph 2 Ordinance.docx
ORDINANCE NO. 20-479
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS, A
DULY ORGANIZED POLITICAL SUBDIVISION OF THE STATE OF TEXAS, FOR THE
CONSTRUCTION OF THE SOUTH BONNIE BRAE STREET PHASE WVINTAGE BLVD
PROJECT, WHEREIN DENTON COUNTY AGREES TO CONTRIBUTE AN AMOUNT NOT
TO EXCEED FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($5,750,000); AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") and Denton County, Texas ("County") are ready
to commence construction of the South Bonnie Brae Street Phase II/Vintage Blvd Project located
entirely within the municipal limits of the City; and entirely within Denton County,
Commissioner Precinct #4 (the "Project"); and
WHEREAS, the City and County agree that the County will provide project funding in
an amount not to exceed $5,750,000 and the City will provide the remaining funding of the
Project with a construction estimate of $14,500,000 and coordinate the construction of the
Proj ect; and
WHEREAS, the City Council, having considered the importance of the Project to the
citizens of Denton and finding that it is in the public's health and safety interest, is of the opinion
that it should approve the Interlocal Cooperation Agreement by and between the City and the
County attached hereto; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference as true and a if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Cooperation Agreement with Denton County, Texas under Section 791 oC the Texas
Government Code, a copy of which is attached hereto and incorporated by reference herein
(the "Agreement").
SECTION 3. The City Manager, or his designee, is further authorized to carry out all
duties and agreements to be performed by the City under the Agreement, including the
expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
S:\Legal\Our Documents\0rdinances\20\ICA for Bonnie Brae Ph 2 Ordinance.docx
The motion to approve this ordinance was made by
and seconded by ��'jP�//,tl �jo�, the ordinance was ed and
approved by the following vote 144 _ -
Aye
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 Abstain Absent
PASSED AND APPROVED this the ay of �._ , 2020.
CHRIS kVeATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
F'1.k- A -s'ff
DENTON COUNTY
COMMISSIONERS COURT
04/14/2020
Month Day e
16
14. D. Court Order Number
THE ORDER:
Approval of Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton,
Texas, for the Bonnie Brae Street and Vintage Boulevard Project, at a total estimated project cost of
$14,500,000.00, with Denton County agreeing to contribute an amount which shall not exceed
$5,750,000.00, with funding as follows: $2,000,000.00 to come from Bonnie Brae -Vintage, 2012 TRIP -08
PI Bond Funds, Auditor Line Item #66-7375-90-35; $1,750,000.00 to come from Bonnie Brae -Vintage,
2013 TRIP -08 PI Bond Funds, Auditor Line Item #78-7546-90-60; and $2,000,000.00 to come from
Bonnie Brae -Vintage, 2013 TRIP -08 PI Bond Funds, Auditor Line Item #78-7549-90-60, and any
appropriate action.
Motion by
. ezaA
County Judee
Andy Eads
CammissionerPctNo 1 Yes
Hugh Coleman Abstain
No _
Absent
Commissioner Pet No3 Yes X
Bobbie J. Mitchell Abstain _
No _
Absent
Ot ction: PulledAm Consent _
Commissioner Pet No 2
Seconded byG�
Yes
Abstain _
Abstain
_
No
Absent
Absent
Yes X
Commissioner Pet No 2
Yes
Ron Marchant
Abstain _
No _
Absent
Commissioner Pct No 4
Yes X
Dianne Edmondson
Abstain _
No _
Absent
Motion Carried '
No Action _, Postponed _
ERO HE 0 MJ1SS10 yRS CO;U12T:i t1,,,.,,,''�� ATTEST:
,• °: C 'rr Juti Luke, County Clerk
®.- r and Ex -Officio Clerk of the
r
residing Officer CJ - , Commissioners Court of
Denton County, Texas
API'VED AS TO O m
Assistant istr' tAttorney �;- w0 • �d`��� Deputy Caun ler
90-1
Denton County
Page 3 of 3
Printed on 4/10/202//
379 of 407
T
[THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTON
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
for the purpose of providing for the construction associated with the widening of Bonnie
Brae Street from a 2 -lane to a 4 -lane divided urban roadway approximately 1,240 feet
north of Vintage Boulevard and approximately 560 feet south of Vintage Boulevard (the
intersection); and for the construction associated with the widening of Vintage Boulevard
from a 2 -lane to a 4 -lane divided urban roadway on existing and new alignment from
IH -35W to US 377, located within the municipal limits of the City and Denton
County Commissioner Precinct #4; 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 hereby mutually 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 roads which are an integral part of the Parties' 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 — Bonnie Brae Street and Vintage Boulevard Project Page 1 of
WITNESSETH:
1.
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.
H.
The County and the City hereby agree that the scope of the Project shall consist of:
providing for the construction associated with the widening of Bonnie Brae Street from a
2 -lane to a 4 -lane divided urban roadway approximately 1,240 feet north of Vintage
Boulevard and approximately 560 feet south of Vintage Boulevard (the intersection); and
for the construction associated with the widening of Vintage Boulevard from a 2 -lane to a
4 -lane divided urban roadway on existing and new alignment from IH -35W to US 377,
at a total estimated project cost of FOURTEEN MILLION FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS ($14,500,000.00).
Hi.
The County hereby agrees to contribute an amount which shall not exceed FIVE
($5,750,000.00) toward satisfactory completion of the Project.
IV.
The City hereby agrees to contribute an estimated amount of EIGHT MILLION
SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($8,750,000.00), and
to provide all necessary design, installation, inspection fees, right-of-way acquisition,
utility relocation and construction required for satisfactory completion of the Project.
IN
The City agrees to secure a contract for the construction of the Project and to
oversee any and all necessary engineering which may be required for satisfactory
completion of the Project. In addition, the City will ensure all inspections are conducted
and approve all payments, including requested funding from the County, as invoices are
received.
ICA — Denton — Bonnie Brae Street and Vintage Boulevard Project Page 2 of 7
Q
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.
VII.
As the City proceeds with the completion of the Project, the City shall submit
invoices for reimbursement to the Denton County Auditor, Jeff May, 401 W. Hickory Street,
Suite 423, Denton, Texas 76201, on a monthly basis and the County shall reimburse the City
on a pro rata basis, for all approved expenses related to the Project within thirty 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. The
City shall submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation
Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234, at the same time
invoices are submitted to the Denton County Auditor.
VHL
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 days written notice to the other party. In the event of termination by the County,
the County 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:
ICA — Denton — Bonnie Brae Street and Vintage Boulevard Project Page 3 of 7
For City: Honorable Chris Watts, Mayor
City of Denton, Texas
215 E. McKinney Street, Suite 100
Denton, Texas 76201
Copy To: Mr. Todd Hileman, City Manager
City of Denton, Texas
215 E. McKinney Street, Suite 100
Denton, Texas 76201
For County: Honorable Andy Eads
Denton County Judge
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
Copy To: Denton County District Attorney's Office m Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
lI
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 County, Texas.
1
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.
Mfl'�
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.
a .
The City agrees to accept full responsibility for the acts, negligence or
omissions of all City employees, agents, subcontractors or contract laborers and for all
other persons doing work under a contract or agreement with the City.
ICA — Denton — Bonnie Brae Street and Vintage Boulevard Project Page 4 of 7
UT
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.
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.
XV11.
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 certifies to the other that any necessary resolutions extending
said authority have been duly passed and are now in full force and effect.
PUMP
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 — Bonnie Brae Street and Vintage Boulevard Project Page 5 of 7
Executed this day of
DENTON COUNTY, TEXAS
110 West Hickory Street, 2nd Floor
Dento Texas 76201
By;
Honorable Andy Eats
Denton County Judge
Acting by and on behalf of the authority
the Denton County Commissioners Court
2020.
CITY OF DENTON
215 E. McKinney Street, Suite 100
Denton, Texas 76201
B§�A , LI
Todd Hileman, City Manager
of the City of Denton, Texas
Acting by and on behalf of the authority
of the City of Denton
ATTEST: ATTEST:
By. re.
Denton Cou ler a.� _ o Secretary, Rosa Rios
THS AGREEIAM HA3 BEEN
:SM REVIEWED AND APPROVED
5 as I* financial and operalloaat
I f T ,� abl4ptip andfbu o ss terms. °° A4 F e a®
t�i111l111lt1 ...til, 1 t . r. _ 1 o A1 r/
C�1/I
'pale Signe
®� 0
•
°,\
By;
Trey Lan rd, Deputy City Attorney
COUNTY AUDITOR'S CERTIFICATE
I hereby certify funds are available to accomplish and pay the obligation of Denton
County, Texas, under this Agreement.
J, , /Z/A -
Dn ou Auditor
ICA — Denton— Bonnie Brae Street and Vintage Boulevard Project Page 6 of 7
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners
Court, having been advised of the Project, with a total estimated project cost of
FOURTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($14,500,000.00), whereby Denton County shall make a contribution which shall not
exceed FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100
DOLLARS ($5,750,000.00) toward satisfactory completion of the Project, hereby gives its
specific written approval to the Project prior to beginning of the Project in satisfaction of
Texas Government Code §791.014.
The description of the Project and its location are as follows: providing for the
construction associated with the widening of Bonnie Brae Street from a 2 -lane to a 4 -lane
divided urban roadway approximately 1,240 feet north of Vintage Boulevard and
approximately 560 feet south of Vintage Boulevard (the intersection); and for the
construction associated with the widening of Vintage Boulevard from a 2 -lane to a 4 -lane
divided urban roadway on existing and new alignment from 114-35W to US 377, located
within the municipal limits of the City and Denton County Commissioner Precinct #4.
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.
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.
ICA — Denton — Bonnie Brae Street and Vintage Boulevard Project Page 7 of 7