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2009-176sAour documents\ordinances\09\denton county interlocal agreement c. wol$ rd.doc ORDINANCE NO. ~aO~-~rl~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE RECONSTRUCTION OF C. WOLFE ROAD FROM HIGHWAY 2449 NORTH TO THE INTERSECTION WITH TOM COLE ROAD; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves an Interlocal Cooperation Agreement between the City of Denton, Texas and the Denton County, Texas for the reconstruction of C. Wolfe Road from Highway 2449 north to the intersection with Tom Cole Road substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated herein by reference (the "Agreement"). The Mayor, or his designee, is authorized to execute the Agreement on behalf of the City. The Mayor, or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton and is in the public interest. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the-----4th--day of Au ust , 2009. i MARK A. BUJ OUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: a"-~ L 1 .4--) 0 ' I& V U APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ;rX,, . , . By: THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter "the County," and the City of Denton, Texas, hereinafter "the City." The County and the City are both collectively referred to herein as "the Parties." This Agreement is for the purpose of performing the reconstruction and development of C. Wolfe Road from FM 2449 to Tom Cole Road as an improved two-lane asphalt roadway located within the corporate limits of the City in Denton County Commissioner Precinct #4, hereinafter "the Project." WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the County agrees to participate in the funding of all phases of the reconstruction and development of C. Wolfe Road, as noted herein; WHEREAS, the road involved in the Project is an integral part of the road system of the County and the City; and WHEREAS, the reconstruction and development of C. Wolfe Road from FM 2449 to Tom Cole Road as an improved two-lane asphalt roadway shall consist of engineering, design, right-of-way acquisition and utility relocation; and NOW, THEREFORE, the County and the City, for the mutual consideration stated herein, agree and understand as follows; WITNESSETH: 1. The term of this Agreement shall begin upon execution of this document by both of the Parties and shall terminate upon completion of the Project, or upon termination under the provisions of Section of XVI of this Agreement. II. Pursuant to Texas Government Code §791.011, the Parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets, roads and drainage are performed. The Parties further agree that each of them is authorized to perform the functions and services individually. III. The County and the City agree that the scope of the Project shall consist of the reconstruction and development of C. Wolfe Road from FM 2449 to Tom Cole Road as an improved two-lane asphalt roadway consisting of engineering, design, right-of-way acquisition and utility relocation. The County shall provide right-of-way tree trimming Interlocal Cooperation Agreement - City of Denton - C. Wolfe Road Page I of 7 IF as an in-kind service for the full length of the C. Wolfe Road paving project from FM 2449 to Tom Cole Road. The total estimated cost of the Project is FOUR HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($420,000.00) and Denton County's contribution toward satisfactory completion of the Project under this Agreement shall not exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The County agrees and understands that the County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City. V. The City agrees and understands that the City, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the County. VI. The County agrees to accept full responsibility for the acts, negligence and/or omissions of all County employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the County. VII. The City agrees to accept full responsibility for the acts, negligence and/or omissions of all City employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the City. VIII. 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. IX. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable in Denton County, Texas. Venue for any dispute under this Agreement shall be in Denton County, Texas. X. 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 extent possible. Interlocal Cooperation Agreement -City of Denton - C. Wolfe Road Page 2 of 7 XI. The City agrees to secure a contract for the reconstruction of the Project and to oversee any necessary right-of-way acquisition, utility relocation, engineering and construction which may be required for satisfactory completion of the Project. In addition, the City will provide all inspections and approve all payments, including requested funding from the County, as construction invoices are received. XII. As the City proceeds with completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, c/o John Polster, ITS, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234, on a monthly basis and the County shall reimburse the City for all approved expenses related to the Project within thirty (30) calendar days of receipt of an invoice, 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. XIII. The undersigned officer and/or agents of the Parties hereto are the properly authorized officials who 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. XIV. This Agreement represents the entire agreement between the County and the City and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both the Parties or those authorized to sign on behalf of those governing bodies. XV. This Agreement becomes effective when signed by the last party whose signing makes the respective Agreement fully executed. XVI. 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 setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be affected unless the defaulting party is given: [1] written notice of intent to terminate, setting forth the substantial failure to perform; [2] not less than thirty (30) calendar days to cure the failure; and [3] an opportunity for consultation with the terminating party prior to termination. Notices shall be directed as follows: Interlocal Cooperation Agreement -City of Denton -C. Wolfe Road Page 3 of 7 For. City: Honorable Mark Burroughs Mayor of the City of Denton, Texas 215 East McKinney Denton, Texas 76201 Copy To: Ms. Jennifer Walters City Secretary of the City of Denton, Texas 215 East McKinney Denton, Texas 76201 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2"d Floor Denton, Texas 76201 Copy To: Denton County District Attorney's Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 Executed in triplicate originals this day of 2009. DENTON COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary H n Denton County Judge Acting by and on behalf of the Denton County Commissioners Court NTH iC „°=A'iTTEST.owe MIZA ~•'De o unty CI rk SS CITY OF DENTON, TEXAS 215 East McKinney Denton, Texas 76201 Honorable Mark-f Mayor of the City ATTEST: By: City e 6rtetary Interlocal Cooperation Agreement - City of Denton - C. Wolfe Road Page 4 of 7 Acting by and on behalf of the of the Denton City Council t - APPROVED AS TO By: Assistant District Attorney APPROVED AS TO FORM: By: City Attorney. Interlocal Cooperation Agreement -City of Denton -C. Wolfe Road Page 5 of 7 COUNTY AUDITOR'S CERTIFICATE Adz- I hereby certify that funds aa~il~-be-available to accomplish and pay the obligation of Denton County, Texas, under this Agreement Interlocal Cooperation Agreement - City of Denton - C. Wolfe Road Page 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court having been made aware of the Project for the purpose of reconstruction and development of C. Wolfe Road as an improved two-lane asphalt roadway from FM 2449 to Tom Cole Road located within the corporate limits of the City of Denton in Denton County Commissioner Precinct #4, hereby give its specific written approval of the Project prior to beginning the Project in satisfaction of the requirements of Texas Government Code §791.014. The local government which requested the Project and with which Denton County, Texas, has contracted is 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. AJAA Date: By: Y Presiding Officer he Denton County Commissioners Court Interlocal Cooperation Agreement - City of Denton - C. Wolfe Road Page 7 of 7