2010-018 e
ORDINANCE NO. 201 O-O 1 g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT IN THE AMOUNT OF $5,667,056.50 BETWEEN THE CITY
OF DENTON, TEXAS AND DENTON COUNTY PRECINCT NO. 1 FOR THE WIDENING
AND CONSTRUCTION OF MAYHILL ROAD FROM ITS INTERSECTION WITH
COLORADO BOULEVARD NORTH TO U.S. HIGHWAY 380 (UNIVERSITY DRIVE);
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE
EXPENDITURE OF FUNDS; AND PROVIDING. AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Agreement (hereafter the "Agreement") by and
between the City of Denton, Texas and Denton County Precinct No. 1 referenced herein, was
presented to, reviewed by and considered by the City Council at its regularly called meeting of
January 12, 2010, and the City Council, considering the consideration and the mutual benefits to
be attained by both the City and County of Denton, does hereby approve said Agreement;
WHEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the Interlocal Cooperation Agreement
between the City of Denton, Texas and Denton County Precinct No. 1 providing for the
widening and construction of Mayhill Road from its intersection with Colorado Boulevard north
to U.S. Highway 380 (University Drive); substantially in accordance with -the Interlocal
Cooperation Agreement which is attached hereto as Exhibit "A" and is incorporated herewith by
reference. 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,
Texas and is in the public interest.
SECTION 3. The expenditure of funds as called for in the Agreement, is hereby
authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
2010.
PASSED AND APPROVED this the 1,2 day of ,
d
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MARK-A. ~LJRROUGHS, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP TOVED AS TO LEGAL FORM:
ANITA BURG S, CITY ` TT RNEY
By:
i -
THE STATE 4F TEXAS ~
C4UNTY 4F DENT4N §
INTERL4CAL C44PERATI4N AGREEMENT BETWEEN DENT4N C4UNTY TEXAS AND THE CITY 4F DENT4N TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton
County, Texas, a political subdivision of the State of Texas, engaged in the administration of
county government and related services far the citizens of Denton County, 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, engaged in the administration of municipal
government and related services for the citizens of the City of Denton, Texas, hereinafter "the
City." The County and the City are hereinafter collectively referred to as "the Parties,"
WHEREAS, the County and the City mutually desire to enter into this Agreement
whereby the City agrees to perform construction of the widening and other improvements to
Mayhill Road from U. S Highway 3 80 University Drive} south to its intersection with Colorado
Boulevard within the municipal limits of the City and Denton County Commissioner Precinct #1,
hereinafter "the Project;" and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
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 improve safe travel on an improved roadway; and
WHEREAS, the County included tl~e widening of Mayhill Road in its 208
Transportation Road Improvement program STRIP-oS}; and
WHEREAS, the City applied for and received approval for the use of Regional Toll
Revenue funding proceeds from the State Highway 121 ASH 121 ~ Subaccount firom the State of
Texas for CSJ 4915-46-246 for the construction of the widening of Mayhill Road; and
NOW THEREFORE this A reement is hereb made and entered into b the Coun } ~ g y Y tY
and the City upon and for the mutual consideration stated herein;
City of Denton ICA -Mayhill Road Improvements Precinct dne Page I of 9
WITNESSETH;
I.
Pursuant to Texas Government Code §791,011, 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.
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 the widening and other improvements
to Mayhill Road from U,S Highway 380 University Drive} south to its intersection with
Colorado Boulevard within the municipal limits of the City and Denton County Commissioner
Precinct #1. The project's total cost is currently estimated to be FIVE MILLION FOUR
HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED FIFTY EIGHT AND 731100
DOLLARS x$5,454,158,73} for engineering, TWELVE MILLION TWO HUNDRED EIGHTY
THREE THOUSAND FIVE HUNDRED TI~IRTEEN AND 701100 DOLLARS
x$12,283,513.70} for utilities and right~af way BROW} acquisition and THIRTY EIGHT
MILLION NINE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED NINETY
THREE AND 581100 DOLLARS x$38,932,893.58} far construction for a total estimated cast of
FIFTY SIB MILLION SIB HUNDRED SEVENTY THOUSAND FIVE HUNDRED SIxTY
SIB AND NO1100 DOLLARS x$56,670,566.00} far construction and consulting engineering
services, hereinafter "the cost of the Project,"
III,
The County agrees to contribute ~ an estimated sum of TWO HUNDRED SEVENTY
TWO THOUSAND SEVEN HUNDRED EIGHT AND NO1100 DOLLARS x$272,708.00} in
ftscal year 2010 ~FY 2410} for engineering, SIB HUNDRED FOURTEEN THOUSAND ONE
HUNDRED SEVENTY SIB AND NO1100 DOLLARS x$614,176.00} in FY 2011 for utilities
and ROW acquisition, and ONE MILLION NINE HUNDRED FORTY SIB THOUSAND SIB
HUNDRED FORTY FOUR AND NOI100 DOLLARS $1946 644.00 in FY 2012 for I! ( ~ ~ }
construction for a total estimated cost of TWO MILLION EIGHT HUNDRED THIRTY THREE ~
THOUSAND FIVE HUNDRED TWENTY EIGHT AND NOI100 DOLLARS x$2,833,525.00}
' ° h fr m Precinc 1 as the County s portion of the requzred twenty percent X20 /o} local matt o t #
City of Denton ICA Mayhill Raad Improvements Precinct one Page 2 of 9
taward satisfactory completion of the Project. The City agrees to contribute an estimated sum of
Two HUNDRED SEVENTY Two THOUSAND SEVEN HUNDRED EIGHT AND NOI100
DOLLARS x$272,708.00} in fiscal year 2010 ~FY 2010} for engineering, SIB ~IUNDRED
FOURTEEN THOUSAND ONE HUNDRED SEVENTY SIB AND N01100 DOLLARS
x$614,176.00} in FY 2011 far utilities and ROw acquisition, and ONE MILLION NfNE
HUNDRED FORTY SIB THOUSAND SIB HUNDRED FORTY FOUR AND 501100
DOLLARS x$1,946,644,50} in FY 2012 for construction for a total estimated cost of Two
MILLION EIGHT HUNDRED THIRTY THREE THOUSAND FIVE HUNDRED TWENTY
EIGHT AND 501100 DOLLARS x$2,833,528.50} as the City's portion of the required 20%
local match far Precinct #1 toward the satisfactory completion of the project. This exchange of
in-kind services is deemed adequate consideration for the obligations exchanged by the Parties
herein.
IV.
The City agrees to secure a contract for the construction of the Project and to oversee any
necessary right-of way acquisition, utility relocation and engineering which maybe required for
satisfactory completion of the Project. In addition, the City will provide all project inspections
and approve all payments, including requested funding from the County, as construction invoices
are receive ,
V.
As the City proceeds with the completion of the Project, the City shall submit invoices for
reimbursement to the Denton County Auditor, James wells, 401 'w. Hickory Street, Suite 423,
Denton, Texas 76201, on a monthly basis, and the County shall reimburse the City far all approved
expenses related to the Proj ect within thirty X30} 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, The City shall submit a copy of all invoices to Mr. Jahn
Polster, clo Innovative Transportation Solutions, Inc,, 2701 Valley View Lane, Farmers Branch,
Texas 75234, at the same time invoices are submitted to the Denton County Auditor,
VZ.
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
City of Denton ICA - Mayhill Raad Improvements Precinct one Page 3 of 9
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 X30] calendar days to cure the
failure; and ~3} an opportunity for consultation with the terminating party prior to termination, In
the event of termination by the County, the County shall pay all approved invoices submitted up
to and including the date of termination,
VII.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes all prior negotiations, representations andlor 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 Marls Burroughs
Mayor of the City of Denton, Texas
21 S E, McKinney Street
Denton, Texas 76201
Copy To. Mr. George C. Campbell, City Manager
City of Denton 215 E. McKinney Street
Denton, Texas 76201
For County: Hanorable Mary Horn '
Denton County Judge
114 west Hickory
Denton, Texas 76201
Copy To: Denton County Criminal District Attorney's Office
Civil Division
1454 East McKinney Street, Suite 3140
Dentan, Texas 76249
VIII.
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
City of Dentan ICA - Mayhill Road Improvements Precinct One Page 4 of 9
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas,
IX,
The County agrees and understands that the County, its employees, servants, agents
andlor representatives shall at no time represent themselves to be employees, servants, agents
andlor representatives of the City.
The City agrees and understands that the City, its employees, servants, agents andlor
representatives shall at no time represent themselves to be employees, servants, agents andlor
representatives of the County.
~I,
The County agrees to accept full responsibility for the acts, negligence andlor omissions
of all County employees, agents, subcontractors andlor contract laborers and for all other persons
doing work under a contract or agreement with the County,
III.
The City agrees to accept full responsibility fox the acts, negligence andlor omissions of
all City employees, agents, subcontractors andlor 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 Iaw. 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,
DIV.
fn the event that any portion of this Agreement shall be found to be contrary to Iaw, 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.
The undersigned officers andlar agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties
City of Denton ICA - Mayhill Road Improvements Precinct one Page 5 of 9
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 Rife of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed,
Executed in tri licate on finals this da of 20
P g y a
DENTQN CaUNTY, TEAS CITY 4F DENTON, TEAS
11 D west Hickory 215 E, McKinney
Denton, Texas 76201 Denton, Texas 762 1
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Honorable Mary Honor le ark urr ughs
Denton County Ju ge Mayor of the City of Denton, T as
Acting on behalf and by the authority of Acting on behalf and by the authority
The Commissioners Caurt of of the City of Denton,
Denton County, Texas ~ gg a gggy Denton County, Texas 7~~~~g~i~~~dfA39~y~~
s~~~R~a,, ATT T; ATTEST, ~a.~ , , s®~ r~ ,
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APPROVED AST FARM; APPROVED AS TQ FORM;
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By; By; ~
Assis ant istrict A orney City A orney a
City of Denton ICA - Mayhill Road Im~ravements Precinct one Page 6 of 9
COUNTY AUDITOR'S CERTIFICATE
, ~ hereby certify funds e available to accomplish and pay the obligation of Denton
County, Texas, under this Agreement, 'r
J I
e a ounty Audito
CITY CERTIFICATE
hereby certify funds will be available to accomplish and pay the obligation of the City
of Denton, Texas, under this Agreement.
Direct f Finance
City of Denton ICA - Mayhill Road Improvements Precinct one Page 7 of 9
APPRa~AL OF INTERL4CAL Ca(3PERATI(]N AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project requiring the assignment of responsibility and obligation for
widening and other improvements to Mayhill Raad from U.S Highway 380 University Drive}
south to its intersection with Colorado Boulevard, located in the City of Denton, Texas, and
Denton County Commissioner Precinct #1, herein gives its specific written approval to the
Project prior to beginning the Project in satisfaction of the requirements of the ~nterlocal
Cooperation Act, Texas Government Code Chapter 791, and specifically Texas Government
Code §791.414.
The description of the Project to be undertaken and its location are as follows; Widening
and other improvements to Mayhill Road from U.S Highway 38a University Drive} south to its
intersection with Colorado Boulevard, located within the corporate limits of the City of Denton,
Texas, and Denton County Commissioner Precinct #1.
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.
r
Date;
By;
Presi ing Officer of t e enton
County Cornmissione ourt
City of Denton ICA-Mayhill Road Improvements Precinct One Page 8 of 9
APPRGVAL OF INTERLGCAL C~~PERATION AGREEMENT
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 widening and
other improvements to Mayhill Road from tT.S Highway 3S0 University Drive} south ~to its
intersection with Colorado Boulevard, located in the City of Denton, Texas, and Denton County
Commissioner Precinct # herein gives its specific written approval to the Project prior to
beginning the Project in satisfaction of the requirements of the ~nterlocal Cooperation Act, Texas
Government Code Chapter 791.
The description of the Project to be undertaken and its location are as follows; widening
and other improvements to Mayhill Road from ~U. S Highway 3 SO University Drive} south to its
intersection with Colorado Boulevard, located within the corporate limits of the City of Denton,
Texas, and Denton County Commissioner Precinct #1.
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 City Council has approved the Project identified
above and authorized execution of this document by the presiding officer of the Denton City
Council.
Date; ~ :
B J Y~
Presiding f~c of tie ity o ~e tan, Texas ~
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