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&
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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
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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