2008-012s:\our documents\ordinances\O8\ica-demon county-shady oaks drive.doc
ORDINANCE NO. O -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT IN THE AMOUNT OF $3,304,057.98 BETWEEN THE CITY
OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE CONSTRUCTION OF
SHADY OAKS DRIVE AND BRINKER ROAD; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DENTON; 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 construction of Shady
Oaks Drive, extending east from Woodrow Lane to Loop 288 at Morse Street; and extending
Brinker Road north from its intersection with Spencer Road to tie in with the new section of
Shady Oaks Drive, substantially in accordance with the Interlocal Cooperation Agreement which
is attached hereto and incorporated herein by reference (the "Agreement"). The City Manager,
or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager,
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 day of 2008.
R. McNEILL, MAYOR _ _
ATTEST:
JENNIFER WALTERS, CITY SECRETARY q
By: 1 7
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
THE STATE OF TEXAS )
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND DENTON COUNTY, TEXAS
THIS AGREEMENT is made and entered by and between Denton County, Texas,
a political subdivision of the State of Texas, hereinafter referred to as "the County," and
the City of Denton, Texas, a political subdivision located within Denton County, Texas,
duly organized and authorized under the laws of the State of Texas, hereinafter referred to
as "the City."
WITNESSETH that the County and the City propose to construct Shady Oaks
Drive from its current terminus east of Woodrow Lane east to Loop 288 and Brinker
Road from Spencer Road to proposed Shady Oaks Drive, each as a 4 lane divided urban
roadway on a new alignment within the city limits of Denton, Texas, hereinafter referred
to as "the Project", and
WHEREAS, the County is a duly organized and political subdivision of the State
of Texas engaged in the 'administration of county government and related services for the
benefit of the citizens of Denton County, Texas; and
WHEREAS, the City is a duly organized political subdivision in Denton County,
Texas, engaged in the administration of city government and related services for the
benefit of the citizens of the area serviced by the City; and
WHEREAS, the County and the, City mutually desire to be subject to the
provisions of Chapter 79 of the Texas Government Code, the Interlocal Cooperation Act;
which provides authorization for any local government to contract with one or more local
Tnteflocal Cooperation Agreement
City Of Denton - Page 1
governments to perform governmental functions and services under the terms of the Act;
and
WHEREAS, the County included Brinker Road in its Transportation Road
Improvement Program - 2004; and
WHEREAS, the City included Shady Oaks Drive and Brinker Road in its
Capital Improvement Program,
NOW, THEREFORE, the County and the City, for the mutual consideration hereinafter
stated, agree and understand as follows: ,
I.
This Agreement becomes effective when signed by the last party whose signing
makes the respective agreement fully executed. This Agreement may be terminated at any
time by either party giving thirty (30) days advance notice in writing to the other party.
II.
The County and the City hereby agree that the scope of the Project shall be limited
to engineering, right-of-way acquisition and construction of Shady Oaks Drive on a new
alignment as a four lane divided roadway from its current terminus east of Woodrow
Lane east to Loop 288 and Brinker Road on a new alignment as a four lane divided
roadway from Spencer Road to Shady Oaks Drive. The project's total cost is currently
estimated to be FOUR HUNDRED NINETEEN THOUSAND NINE HUNDRED AND
NINETY EIGHT AND NO1100 DOLLARS ($419,998.00) for engineering and TWO
MILLION EIGHT HUNDRED EIGHTY FOUR THOUSAND AND FIFTY NINE AND
98/100 DOLLARS ($2,884,059.98) for construction for a total estimated cost of THREE
MILLION THREE HUNDRED AND FOUR THOUSAND AND FIFTY SEVEN AND
98/100 DOLLARS ($3,304,057.98) for construction and consulting engineering services.
,III.
The County agrees to contribute an amount of EIGHT HUNDRED THOUSAND
AND N01100 DOLLARS ($800,000.00) towards the completion of the Project from the
Transportation Road Improvement Program - 2004 funds for the Brinker Road Project.
Tnterlocal Cooperation Ad,eenent
City Of Denton Page 2
As the City proceeds with the completion of the Project, it shall submit invoices for work
performed on the Project to the County in care of the County Auditor, on a monthly basis
and the County shall reimburse the City for all expenses related to the Project within
thirty (30) days of receipt of invoices.
IV.
The City agrees to contribute from its Capital Improvement Program, an amount
of TWO MILLION FIVE HUNDRED AND FOUR THOUSAND AND FIFTY SEVEN
AND 98/100 DOLLARS ($2,504,057.98) towards the design and construction of project.
V.
The City will oversee the right-of-way acquisition, design and construction of the
Project.
VI.
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 delivered via certified mail, return receipt requested, of intent to
terminate, setting forth the substantial failure to perform and (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:
I
For City: Mayor Perry McNeill
City of Denton
215 E. McKinney Street
Denton, Texas 76201
tnterlocal Cooperation Agreement
City Of Denton Page 3
Copy To: George C. Campbell, City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
For County: Honorable Mary Horn
Denton County Judge
110 West Hickory
Denton, Texas 76201
Copy To: Denton County Criminal District Attorney's Office
Civil Division
P.O. Box 2850
Denton, Texas 76201
VII.
The City understands and agrees that the City, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants,
agent and/or representatives of the County.
VIII.
The County understands and agrees that the County, its employees, servants,
agents and/or representatives shall at no time represent themselves to be employees,
servants, agent and/or representatives of the City.
IX.
The County agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all County employees, agents, subcontractors, and/or contract
laborers and for those of all other persons doing work under a contract or agreement with
the County.
[nterlocal Cooperation Agreement
City Of Denton Page 4
X.
The City agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all City employees, agents, subcontractors, and/or contract laborers and for
those of all other persons doing work under a contract or agreement with the City.
XI.
This agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the County nor the City waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it against claims
made by third parties.
XII.
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 County and the City or those authorized to sign on behalf of
those governing bodies.
XIII.
The validity of this agreement and of 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.
XTV.
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 Page 5
Xv.
The undersigned officer and/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.
Pursuant to Section 791.011 of the Texas Government Code 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 hereto
further agree that each of them is authorized to perform the functions and services
individually.
Xvll.
This Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the County nor the City waives, nor shall be deemed hereby to
have waived, any immunity or defense that would otherwise be available to it against
claims arising by third parties.
EXECUTED in duplicate
200
COUNTY
Denton County, Texas
110 West Hickorv
By:
nunurautc I VA
Denton Coun Jude
originals this, the N day of
CITY
City of Denton
215 East McKinney
Denton, Texas 76201
1 By
S' George C. Camp ell
City Manager for the
City of Denton
Acting on behalf and by the authority of the
Commissioners Court of Denton County,
Texas
l nterloeal Cooperation Agreement
City Of Denton
Acting on behalf and by the authority of the
City of Denton, Denton County, Texas
Page 6
ATTEST:
By:
County
APPROVED AS TO FORM:
By:
Assi a t Astnet Attorney
0
T:
APPROVED AS TO FORM:
:y:~rty Attorney
AUDITOR'S CERTIFICATE
ARC
I hereby certify funds wiiktLr available to
Denton County, Texas under this Agreement.
J
and pay the obligation of
;IDS ~o t9~✓Ds
CITY'S CERTIFICATE
I hereby certify funds will be availabl
City of Denton, Denton County, Texas under
Interlocal Cooperation Agreement
City Of Denton
Page 7
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The County of Denton, acting by and through the County Commissioners
Court, having been advised of a project to construct Shady Oaks Drive on a new
alignment as a four lane divided roadway from its current terminus east of Woodrow
Lane east to Loop 288 and Brinker Road from Spencer Road to Shady Oaks Drive as
a 4 lane divided urban roadway on new alignment within the city limits of Denton,
hereinafter referred to as the "Project" under an Interlocal Contract, herein gives its
specific written approval of the project prior to beginning the project in satisfaction of
the requirements of V.T.C.A., Government Code, Chapter 791, the Interlocal
Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its location are as
follows: Shady Oaks Drive from its existing terminus east to Loop 288 and Brinker
Road from Spencer Road to Shady Oaks Drive as a 4 lane divided urban roadway on
new alignment within the city limits of Denton.
The local government which requested the project and with which the County
of Denton has contracted is the City of "Denton".
By vote on this date, the Commissioners Court has approved the project
identified above and authorized execution of this document by the presiding officer
on behalf of Denton County, Texas.
Presiding Officer ol"the Denton County
Commissioners Court
Interlocal Cooperation Agreement
City Of Denton Page 8
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The City of "Denton", acting by and through the City Council, having been
advised of a project to construct Shady Oaks Drive on a new alignment as a four lane
divided roadway from its current terminus east of Woodrow Lane east to Loop 288
and Brinker Road from Spencer Road to Shady Oaks Drive as a 4 lane divided urban
roadway on new alignment within the city limits of Denton, hereinafter referred to as
the "Project", under an Interlocal Contract, herein gives its specific written approval
of the project prior to beginning the project in satisfaction of the requirements of
V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act, Section
791.014.
The description of the type of project to be undertaken and its location are as
follows: Shady Oaks Drive from its existing terminus east to Loop 288 and Brinker
Road from Spencer Road to Shady Oaks Drive as a 4 lane divided urban roadway on
new alignment within the city limits of Denton, hereinafter referred to as the
"Project".
The local government which requested the project and with which the City of
"Denton" has contracted is the County of Denton.
By vote on this date, the City Council has approved the project identified
above and authorized execution of this document by the presiding officer on behalf of
the City of "Denton", Texas.
B~ Y~ OtUe4
Presiding Officer of the City of "Denton"
inrerlocal Cooperation Agreement
City Of Denton
Page 9