23-1686 INCOMPLETEORDINANCE NO. 23-1686
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 BONNIE BRAE PHASE 3 WIDENING AND RECONSTRUCTION
PROJECT. IN AN AMOUNT NOT TO EXCEED TWO MILLION EIGHT HUNDRED
FIFTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND 00/100 ($2,851,785.00)
DOLLARS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED TWO
MILLION EIGHT nUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-
FIVE AND 00/100 ($2,851,785.00) 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 A”, for the purpose of providing the
engineering, right-of-way acquisition, utility relocations, inspections, and construction for the
widening and reconstruction of Bonnie Brae Street between FM1515 and Roselawn Drive,
located entirely in the City of Denton municipal limits and Denton County, hereinafter “the
Project;” and
WHEREAS, on March 17, 2020, the City authorized an Interlocal Cooperation
Agreement, Ordinance No. 20-479, between the City of Denton and Denton County for the Bonnie
Brae Street Phase 2 – Vintage Boulevard Project in the Not-to-Exceed amount of Five Million
Seven Hundred Fifty Thousand and 00/100 ($5,750,000.00) Dollars toward the satisfactory
completion of the Project; and upon achieving satisfactory completion and final closeout of said
project, Eight Hundred Fifty-One Thousand Seven Hundred Eighty-Five and 00/100
($851,785.00) Dollars was left remaining unused on the project; and
WHEREAS, the City and County agree the unused funds from the Bonnie Brae Street
Phase 2 – Vintage Boulevard Project in the Not-to-Exceed amount of Eight Hundred Fifty-One
Thousand Seven Hundred Eighty-Five and 00/100 ($851,785.00) Dollars will be used toward the
satisfactory completion of the Bonnie Brae Street Phase 3 Widening and Reconstruction 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 #88; Bonnie Brae Phase 4B Project from 1-35E to the Roundabout at
Scripture with a bond contribution in the Not-to-Exceed amount of Seven Million One Hundred
Thousand and 00/100 ($7, 100,000.00) Dollars toward the completion of the Project; and
WHEREAS, the City’s Bonnie Brae Street Phase 3 Widening and Reconstruction Project
construction contract exceeds the City’s remaining budget for the project causing the City to re-
allocate the TRIP 2022 bond contribution in the Not-to-Exceed amount of Seven Million One
Hundred Thousand and 00/100 ($7,100,000.00) Dollars from the Bonnie Brae Phase 4B project to
Bonnie Brae Phase 3; and
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WHEREAS, the estimated total cost of completion for the Project is FORTY MILLION
THREE HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED FORTY-FIVE AND
NO/100 DOLLARS ($40,318,845.00); and
WHEREAS, the County’s initial contribution toward satisfactory completion of the
Project, based on current available funding, shall not exceed TWO MILLION EIGHT HUNDRED
FIFTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS
($2,851,785.00), 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 EIGHT HUNDRED FIFTY-ONE THOUSAND
SEVEN HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($2,85 1,785.00); 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;
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 EIGHT HUNDRED FIFTY-ONE THOUSAND SEVEN
HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($2,85 1 ,785.00).
SECTION 4. The City Manager is further authorized to carry out all duties and agreements
to be performed by the City under the ICA.
SECTION 5. The City Manager, or designee, is the City’s designated, authorized official,
with the power to authorize, accept, reject, alter or terminate the ICA on behalf of the City and act
on behalf of the City of Denton in all matters related to the ICA and any subsequent agreements
that may result.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was
seconded by 6 r\ A'\ Ball
the following vote a
m,d, by a._\ CAt\h,r m
' This Ordinance was passed and approved by
*'1 Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
1/
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PASSED AND APPROVED this the lqy'day of SteAM.b,J _, 2023.
dKiTFAmMb
ATTEST:
JESUS SALAZ L\\\\\111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
a$dHWT3ayA ff B:===BEe=TBY: St:-mfl
Bonnie Brae Phase 3 – i)enroll Could}’ !uteri,)cal Cooperaiion Agreenrent – TRiP 2022 Initial Funding C'ontrlburial I
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EXHIBIT A
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 duly organized political subdivision of the State of Texas, hereinafter “the County”; and
the City of Denton, Texas, a duly organized municipality, 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 widening of Bonnie Brae Street as a four-lane divided roadway between
Roselawn Drive and FM 1515, 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 FORTY MILLION
THREE HUNDRED EIGHTEEN EIGHT HUNDRED FORTY-FIVE AND NO/100 DOLLARS
($40,318,845.00), with the initial County contribution toward satisfactory completion of the
Project, based on current available funding, which shall not exceed TWO MILLION EIGHT
HUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO/100
DOLLARS ($2,851,785.00), 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, CRy of Denton – Bonnie Brae Phase 3 Page 1 of 7
WITNESSETH:
I
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
widening of Bonnie Brae Street as a four-lane divided roadway between Roselawn Drive and FM
1515, at an estimated cost of FORTY MILLION THREE HUNDRED EIGHTEEN EIGHT
HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($40,318,845.00), whereby the County
agrees to make an initial contribution toward satisfactory completion of the Project, based on
current available funding, which shall not exceed TWO MILLION EIGHT HUNDRED FIFTY-
ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS
($2,851,785.00), 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 EIGHT HUNDRED FIFTY-
ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS
($2,851,785.00), 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 construction required for completion 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 EIGHT HUNDRED FIFTY-ONE THOUSAND SEVEN
HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($2,851,785.00).
ICA, City of Denton – Bonnie Brae Phase 3 Page 2 of 7
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.
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 East McKinney Street
Denton, Texas 76201
ICA. City of Denton – Bonnie Brae Phase 3 Page 3 of 7
Copy To:Jesus Salazar, City Secretary
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
For County:Honorable Andy Eads, Denton County Judge
1 Courthouse Drive, Suite 3100
Denton, Texas 76208
andy .eads@dentoncounty .corn
holly .sadlowski@dentoncounty .com
Copy To:Denton County District Attorney’s Office - Civil Division
1450 East McKinney Street, Suite 3 100
Denton, Texas 76209
john.feldt@,dentoncounty .gov
cio@,dentoncount)' .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
padres.
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.
ICA, City of Denton – Bonnie Brae Phase 3 Page 4 of 7
XV
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.
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.
Executed this day of , 2023.
DENTON COUNTY, TEXAS
1 Courthouse Drive, Suite 3 100
Denton, Texas 76209
CITY OF DENTON, TEXAS
601 East Hickory Street
Denton, Texas 76205
By:
Honorable Andy Eads
Denton County Judge
Acting by and on behalf of the authority
of the Denton County Commissioners Court
By
By m
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 – Bonnie Brae Phase 3 Page 5 of 7
COUNTY 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
ICA, City of Denton – Bonnie Brae Phase 3 Page 6 of 7
APPROVAL OF INTERLOC AL 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 for
widening of Bonnie Brae Street as a four-lane divided roadway between Roselawn Drive and FM
1515, with an estimated cost of completion of FORTY MILLION THREE HUNDRED
EIGHTEEN EIGHT HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($40,318,845.00).
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 EIGHT HUNDRED FIFTY-
ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS
($2,851,785.00) 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.
Date :
By:
Presiding Officer of the Denton
County Commissioners Court
ICA. City of Denton – Bonnie Brae Phase 3 Page 7 of 7
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