2010-012
sAour dozuments\ordinances\10\county interlocal - road maintenance.doc
ORDINANCE NO. 2010-012
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PURPOSE OF
PERFORMING MAINTENANCE OF CERTAIN ROADS; AND DECLARING 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 and Denton County to provide for the division of maintenance on
certain roads, a copy of which is attached hereto and incorporated by reference herein, and the
Mayor is hereby authorized to execute said Agreement on behalf of the City.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED h 0
AND APPROVED this the day of , 2010.
MARK A~BLTRRO' GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO ED AS O LEGAL FORM:
ANIT BURGESS, CITY ATTORNEY
BY:
sAour documents\contracts\1 Menton county interlocal agreement.doc
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, a corporate and political body duly organized and existing under the laws of the State of
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 maintenance on certain roads, as
described in attached Exhibit "A," hereinafter "the Project."
WHEREAS, the County and the City mutually desire to be subject to the provisions of
Texas Government Code Chapter 791, the Interlocal Cooperation Act, which provides
authorization fora local government to contract with one or more local governments to perform
governmental functions and services under the terms of the Act; and
WHEREAS, the roads involved in the Project are on integral part of the road system of
the County and the City; and
WHEREAS, the boundary line between unincorporated Denton County and the corporate
limits of the City of Denton runs down the centerline of some roads and divides other roads in
half, and
WHEREAS, the County and the City propose to divide the maintenance of the roads
indicated on attached Exhibit "A;" and
WHEREAS, maintenance shall include, but not be limited to, general road maintenance
according to the established standards of the County and the City, including pothole patching,
mowing, tree trimming, ditch work, and litter removal within the right-of-way; and
NOW, THEREFORE, the County and the City, for the mutual consideration stated
herein, agree and understand as follows:
sAour documents\contracts\10\denton county interlocal agreement.doc
WITNESSETH:
I.
The term of this Agreement shall be for a term of two years beginning on its effective
date and being subject to renewal for an additional term of two years on the second anniversary
of the said effective date, unless sooner terminated as provided for herein..
H.
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.
M. A.
The County and the City propose to divide the maintenance of the roads in the attached
Exhibit "A" as described in attached Exhibit "A", which right-of-way is bisected by the
boundary line between the unincorporated area of the County and the corporate limits of the
City. The County will provide funding for and maintain the entire right-of-way along its
designated section of the roads in the attached Exhibit "A", including the portion of the right-of-
way that is located in the City of Denton. The City will provide funding for and maintain the
entire right-of-way along its designated section of the roads in attached Exhibit "A", including
the portion of the right-of-way that is located in the unincorporated. area of Denton County. This
exchange of in-kind services is deemed adequate consideration for the obligations exchanged by
the parties herein.
M. B.
In the event that City expands its city limits through annexation during the term of this
Agreement, the Parties agree that any portion of any public road lying within the area so annexed
will be maintained exclusively by City during the remainder of the Agreement, notwithstanding
any contrary provision in Exhibit "A", and any portion of any public road lying along the newly-
expanded city limits border of such annexed area shall continue to be maintained by County
during the remainder of the Agreement, notwithstanding its omission from Exhibit "A".
Correlatively, in the event of a disannexation during the term of this Agreement, the Parties
agree that any portion of any public road lying within the area so disannexed will be maintained
exclusively by County during the remainder of the Agreement, notwithstanding any contrary
2
sAour documentskontractsUMenton county interlocal agreement.doc
provision of Exhibit "A", and any portion of any public road lying along the newly-reduced city
limits border of such disannexed area shall be maintained exclusively by City during the
remainder of the Agreement, notwithstanding its omission from Exhibit "A".
IV.
The County agrees and understands that the County, its employees, servants, agents and
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
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
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 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.
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.
3
sAour documents\contracts\10\denton county interlocal agreement.doc
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.
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.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed.
XIV.
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 parry setting forth . a substantial failure by the
defaulting party to fulfill its obligations under this Agreement through no fault of the terminating
parry. 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:
For City: Honorable Mark Burroughs
Mayor of the City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Copy To: George C. Campbell, City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
4
sAour documents\contracts\I Menton county interlocal agreement.doc
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
f
Executed in duplicate originals this day of t 52010.
DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
Denton County, Texas City of Denton
110 West Hickory 215 E. McKinney
Denton, Texas 76201 De n, Texas 762
By: By: - -
Honorable Mary Horn Honorable"-ark Burroughs
Denton County Judge Mayor of the City of Denton, Texas
Acting on behalf and by the authority of Acting on behalf and by the authority
The Commissioners Court of of the City of Denton,
Denton County, Texas Denton County, Texas
ATTEST: ATTEST:
1.
l
By: By:
Denton County Clerk City S cretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:~~ /
Assistant District Attorney city Atto
5
sAour documents\contracts110\denton county interlocal agreement.doc
COUNTY AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of Denton
County, Texas, under this Agreement.
Denton County Auditor
CITY'DIRECTOR OF FINANCE
--C+- AUD1T0RzS CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of the City
of Denton, Texas, under this Agreement.
IX o of Finance'
Ci Y Denton
6
sAour documents\contracts\l Menton county interlocal agreement.doc
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
and the City of Denton, Texas, acting by and through the Denton City Council, having been
advised of the Project requiring the assignment of responsibility and obligation for road
maintenance to the roads described in attached Exhibit "A", which right-of-way is bisected by
the boundary line between the unincorporated area of Denton County and the corporate limits of
the City of Denton, herein gives their specific written approval of the Project prior to beginning
the Project in satisfaction of the requirements of Texas Government Code Chapter 791, the
Interlocal Cooperation Act, and specifically Texas Government Code §791.014.
The description of the Project to be undertaken and its location are as follows:
assignment of responsibility and obligation for road maintenance of the roads described in
attached Exhibit "A", which right-of-way is bisected by the boundary line of unincorporated
Denton County and the corporate limits of the City of Denton.
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 and the Denton City
Council have approved the project identified above and authorized execution of this document
by the presiding officer of each governing body..
Date: Date:-, 0/ &.12010
By: By:
Presiding Officer of the Denton Presiding Officer aftlie D.en~Ai
County Commissioners Court City Council
7
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