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23-1679 INCOMPLETEORDINANCE NO. 23-1679 AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR DESIGNEE. TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS PROVIDING FOR REIMBURSEMENT FUNDING FOR THE CITY’S ELM AND LOCUST PHASE 2 – WATER, WASTEWATER AND STREETS RECONSTRUCTION PROJECT, IN AN AMOUNT NOT TO EXCEED TWO MILLION AND 00/100 ($2,000,000.00) DOLLARS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED TWO MILLION AND 00/100 (82,000,000.00) DOLLARS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY and the COUNTY mutually desire to enter into this Interlocal Cooperation Agreement (ICA), attached hereto as “Exhibit N’, for the purpose of providing the engineering, right-of-way acquisition, utility relocations, inspections, and construction for the Elm and Locust Phase 2 - Water, Wastewater and Streets reconstruction project between US 380 and Oak Street, located entirely in the City of Denton municipal limits and Denton County, hereinafter “the Project;” and WHEREAS, on November 8, 2022, voters approved the Denton County Transportation Road Improvement Bond Program Package (TRIP 2022), as shown on the attached “Exhibit B”, which includes project #9 1 ; Elm and Locust Reconstruction Project from US 380-University Street to Oak Street with a bond contribution in the Not-to-Exceed amount of SEVEN MILLION AND 00/100 ($7,000,000.00) DOLLARS toward the completion of the Project; and WHEREAS, the estimated total cost of completion for the Project is TWENTY-ONE MILLION AND NO/100 DOLLARS ($2 1,000,000.00); and WHEREAS, the County’s initial contribution toward satisfactory completion of the Project, based on current available funding, shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of the Project; and WHEREAS, the City agrees to manage all engineering, right-of-way acquisition, utility relocations, inspections, and construction required for completion and maintenance of the Project. The City also agrees to provide the County with all invoices and requested documentation in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00); and WHEREAS, The County will reimburse the City upon submittal of all invoices and requested documentation related to the Project; and WHEREAS, the City Council finds it in the public interest to authorize the City Manager, to execute the ICA for the project; S + q r •L I - a B # ; ) f I + g H : P r I V i 4 i & SF r r n P q : H P ) = a • + H r b 1 > n 1 P J P + n n n Hh r + t+ r a a 1•\ P! ! ] [ h \ • r • IP U q r \ . q i• • : H h H P + q a • r ,n I L 1 P n e I a +n r 1 + [ F h I • H 9 : - f ' \ ' I' e f I I a B P b • e f - q q & ' • 'l ep r :a J U L• ' ) r = + . . S , . P q ' P I f • P+ ' ; r r ' i , : - - - - . ' - \ . I . ; . • , . - '0 I- : . ' - f I J . i . . ' t. ' .r - . . . . . ' . , . - ' : . _r!- I I ) ; B ) H F F t H 1 \ r T + • ' H :' IjI -. - . 1 . ; ' - . 1 '- 'r h I n • • 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 as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager of the City of Denton, or designee, is hereby authorized to execute on behalf of the City, the Interlocal Cooperation Agreement (“ICA”), a copy of which is attached hereto as “Exhibit A“ and made a part hereof for all purposes. SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an amount not to exceed TWO MILLION AND NO/ 100 DOLLARS ($2,000,000.00). SECTION 4. The City Manager is further authorized to carry out all duties and agreements to be performed by the City under the ICA. SECTION 5. The City Manager, or designee, is the City’s designated, authorized official, with the power to authorize, accept, reject, alter or terminate the ICA on behalf of the City and act on behalf of the City of Denton in all matters related to the ICA and any subsequent agreements that may result. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. Th, m,ti,„ t, ,pp„„, thi, O,di.,„„ w„ m,d, by PA_\ Mt Ih,/ ,„d seconded by Brin\.. Bea. L . This Ordinance was passed and approved by the following vote K - Z : Aye V V ,/ l£ y/ -L Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:a [Rest ofpage intentionally left blank. Signatures to appear onfollowing page.] Ei in & Locust Phase 2 – Den ion County Inter!,)cat Co,)perl tion ,4greemeni – TRiP 2021 initial FundIng Contribution PASSED AND APPROVED this the iRb dayof SCp+*Mb'/, 2023. /- -/Z/ - GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY t\\\\IPjIIII APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY B Ir : ab I&1:nj & F1c1m 1h G4rf: 2r 1[][1[v I hFr cg)JIf #=:H©£=1 D+oRalIY s4ned by Bcnbmrn Sampla El in & Locust Phase 2 – Denton Count) Inierioca! CooFer3£ion ,£\gneaient – TRiP :021 initial FmI(ling Conti-ibtnlOII i ' \ \ \ C: h + B • n :+ ( EXHIBIT A THE STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTIN COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS 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, Texas, a corporate and political body duly organized and existing under the laws 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 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 the engineering, right-of-way acquisition, utility relocations, inspections, and construction for the Elm Street and Locust Street Water, Wastewater and Streets reconstruction between US 380 and Oak Street, located entirely in the City of Denton municipal limits and Denton County Commissioner Precinct #4, hereinafter “the Project;” and WHEREAS, the estimated cost of completion for the Project is TWENTY-ONE MILLION AND NO/100 DOLLARS ($21,000,000.00), with the initial County contribution toward satisfactory completion of the Project, based on current available funding, shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of 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 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 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> City of Denton – Elm and Locust Phase 2 Water, Wastewater, and Streets Page 1 of 7 WITNESSETII: 1 Pursuant to Texas Government Code §79 1.011, 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. 11 The County and the City hereby agree that the scope of the Project shall consist of engineering, right-of-way acquisition, utility relocations, inspections, and construction for the Elm Street and Locust Street Water, Wastewater and Streets reconstruction between US 380 and Oak Street, at an estimated cost of TWENTY-ONE MILLION AND NO/100 DOLLARS ($21,000,000.00), whereby the County agrees to make an initial contribution toward satisfactory completion of the Project, based on current available funding, shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00), but upon issuance of additional bond funds, this Agreement is intended to be amended at a future date to increase the County commitment toward satisfactory completion of the Project. The Project is located entirely within the municipal limits of the City of Denton and Denton County Commissioner Precinct #4. 111 The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV The City agrees to manage all engineering, right-of-way acquisition, utility relocations, inspections, and maintenance of the Project. The City shall timely provide the County with all invoices and requested documentation in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). V 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, City of Denton – Elm and Locust Phase 2 Water, Wastewater, and Streets Page 2 of 7 VI As the City proceeds with the completion of the Project, the City shall submit all invoices for reimbursement to the Denton County Auditor, Mr. Jeff May, 1 Courthouse Drive, Suite 2000, Denton, Texas 76208, c/o Mr. John Polster, Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. The City shall submit invoices 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 . VII As required by Texas Transportation Code §25 1.012 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. VIII 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. IX This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations, and 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 Gerard Hudspeth, Mayor City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copy To:Jesus Salazar, City Secretary City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 ICA, City of Denton – Elm and Locust Phase 2 Water, Wastewater. and Streets Page 3 of 7 For County:Honorable Andy Eads, Denton County Judge 1 Courthouse Drive, Suite 3 100 Denton, Texas 76208 andy .eads@,dentoncounty .com holly .sadlowski@,dentoncounty .com Copy To:Denton County District Attorney’s Office - Civil Division 1450 East IVlcKinney Street, Suite 3 100 Denton. Texas 76209 john.feldt@dentoncounty . gov cio@dentoncounty .gov X 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. XI 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. XII. The City agrees to accept full responsibility for the acts, negligence and 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. 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 partres. XIV. 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. XV 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, ICA, City of Denton - Elm and Locust Phase 2 Water, Wastewater, and Streets Page 4 of 7 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. XVI 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. E,„„t,dthi, I?t'~ d,y ,f SCr+c-b.J ,2023. DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS 1 Courthouse Drive, Suite 3 100 215 East McKinney Street Denton, Texas 76209 Denton, Texas 76201 By : Honorable Andy Eads Denton County Judge Acting by and on behalf of the authority of the Denton County Commissioners Court Honorable Gerard Hudspeth Mayor of the City of Denton, Texas Acting by and on behalf of the authority of the City of Denton, Texas ATTEST:ATTEST: By: Denton County Clerk ICA, City of Denton – Elm and Locust Phase 2 Water, Wastewater, and Streets Page 5 of 7 eOUNTY AUDITOR’S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor ba ICA, City of Denton – Elm and Locust Phase 2 Water, Wastewater. and Streets Page 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, hereby gives its specific written approval to the following Project, prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The scope of the Project shall consist of engineering, right-of-way acquisition, utility relocations, inspections, and construction of Elm Street and Locust Street Water, Wastewater and Streets reconstruction between US 380 and Oak Street, with an estimated cost of completion of TWENTY-ONE MILLION AND NO/100 DOLLARS ($21,000,000.00). The Project shall be located entirely within the municipal limits of the City of Denton and Denton County Commissioner Precinct #4. The County hereby agrees to make an initial contribution toward satisfactory completion of the project in an amount which shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00) provided that any and all funding is approved by formal action of the Denton County Commissioners Court. 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 officer of the Denton County Commissioners Court. 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