2010-019
L.
ORDINANCE NO. 2010-019
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. 4 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. 4 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. 4 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.
i
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. 2010.
4day of
PASSED AND APPROVED this the
,
r i
MARK A. BPf~ROLXGHS, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: e
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
IKDO
By:
THE STATE OF TE~A.S ~
CaUNTY aF DENTaN §
INTERLaCAL COGPERATIGN AGREEMENT BETWEEN DENT4N CaUNTY TEAS AND THE CITY ~F DENTC~N TEAS
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 for 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 38a University Drive} south to its intersection with Colorado
Boulevard within the municipal limits of the City and Denton County Commissioner Precinct #4,
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 an an improved roadway; and
WHEREAS, the County included the widening of Mayhill Road in its 2408
Transportation Road Improvement program STRIP-o8~; 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} Subaccaunt from the State of
Texas for CSI 4918~46~2~6 for the construction of the widening of Mayhill Road; and
NaW, THEREFGRE, this Agreement is hereby made and entered into by the County
and the City upon and for the mutual consideration stated herein:
City of Denton ICA -Mayhill Road Improvements Precinct Faur Fage 1 of 9
WITNESSETH;
I.
Pursuant to Texas Government Code §791.011, the County and the City hereby enter
rota this Agreement in order to perform certain governmental functions and services in the area
of streets, goads 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 3 80 University Drive} south to its intersection with
Colorado Boulevard Within the municipal limits of the City and Denton County Commissioner
Precinct #4. 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 THIRTEEN AND 701100 DOLLARS
x$12,283,513.70} for utilities and rightWof way BROW} acquisition and THIRTY EIGHT
MILLION NINE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED NINETY
THREE AND 581100 DOLLARS x$38,932,893,58} for construction for a total estimated cost of
FIFTY SIX MILLION SIX I3UNDRED SEVENTY THOUSAND FIVE HUNDRED SIXTY
SIX AND NOI100 DOLLARS x$56,670,566,00} for 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 NOf 100 DOLLARS ~$272,708.D0} in
fiscal year 2010 ~FY 2010} for engineering, SIX HUNDRED FOURTEEN THOUSAND ONE
HUNDRED SEVENTY SIX AND NOII DO DOLLARS x$614,176,00} in FY 2011 for utilities
and ROW acquisition, and ONE MILLION NINE HUNDRED FORTY SIX THOUSAND SIX
HUNDRED FORTY FOUR AND NOI100 DOLLARS x$1,946,644.00} in FY 2012 for
construction for a total estimated cost of TWO MILLION EIGHT HUNDRED THIRTY THREE
THOUSAND FIVE HUNDRED TWENTY EIGHT AND NO1100 DOLLARS ~$2,833,528.OD}
as the County's portion of the required twenty percent ~2D%} local match from Precinct #4
City of Denton ICA Mayhill Road Improvements Precinct Pour Page 2 of 9
toward satisfactory completion of the Project, The City agrees to contribute an estimated sum of
Two HUNDRED SEVENTY TwO THOUSAND SEVEN HUNDRED EIGHT AND NO1100
DOLLARS x$272,708,00} in fiscal year 2010 ~FY 2014} for engineering, SIX 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 501100
DGLLARS x$1,946,644,50} in FY 2012 for construction for a total estimated cost of Two
MILLrGN EIGHT HI.TNDRED 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 for Precinct #4 toward the satisfactory completion of the praject, 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 wi11 provide all project inspections
and approve all payments, including requested funding from the County, as construction invoices
are received,
V.
As the City proceeds with the completion of the Project, the City shall submit invoices for
reimbursement to the Denton County Auditor, James w~11s, 401 w, Hickory Street, Suite 423,
Denton, Texas 76201, on a monthly basis, and the County shall reimburse the City for all approved
expenses related to the Project within thirty X30} calendar days of receipt of an invoice tom 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, John
Polster, clo Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmexs Branch,
Texas 75234, at the same time invoices are submitted to the Denton Caunty Auditor,
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 foxth a substantial failure by the
City of Denton ICA Mayi7iii Road Improvements Precinct Four Page 3 of 9
defaulting party to fu1~11 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 C30 calendar days to cure the
failure; and ~3} an opportunity fox consultation with the terminating party prior to termination, Zn
the event of termination by the County, the County sha11 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 Mark Burroughs
Mayor of the City of Denton, Texas
2 5 E. Mc~~inney Street
Denton, Texas 76201
Copy To: Mr, 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 Ta. Denton County Criminal District Attorney's Office
Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
V~~I.
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 Denton ICA MayI~ill Road Improvements Precinct Four Page 4 of 9
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas.
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,
XI,
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,
~~z,
The City agrees to accept full responsibility for the acts, negligence andlox 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 law. Neither the County, nor the City waive, nor sha11 be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties,
HIV'
Zn 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 fullest extent possible.
~V,
The undersigned officers andlor 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 Foer Page 5 of9
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 terra of this Agreement is for the life of the
Pro j ect beginning on the date of execution of this Agreement and continuing until the Project xs
completed,
E ecuted in tri licate on finals this ~ ~ da of 20 x ~ ,
p g y
DENTIN C(]UNTY, TEXAS CrTY ~F DENTIN, TEXAS
110 west Hickory 215 E. McKinney
Denton, Tex 76201 Denton, Texas 76201
~ ' '
By: By.
Honorable Mary Ho Honora le Mark trough
Denton County Jud 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 ,~.Y~, ~ ~ ~ ~ ~ ~ ~ s, ~ Denton County, Texas ;`1`' ~ `3~~a73
alb f9ya !f }'.a ~ ~~~ny ATTEST. ATTEST. ' f d r`,
a a ~ ~ 44 ~
1 1 ~ ~mY
~ fit! ~ ..w{ B ' "i 1 ~ I ~ fi '.a , 6 y ec~ ' M ~
' ~ City Greta ' Denton Co ty lerk ~ ~ t;=~13~ ~
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~`~t~~,~ ~ ~ ~ ~ 1~~~~~~ ~1P~~~1~1
APPROVED AS~ 0 FORM; APPROVED AS T4 FORM:
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By; By. ~
Ass' Cant District Attorney City Attorney f _ ~ ~
City of Denton ICA - Mayhill Road Improvements Precinct Four Pale b of 9
COUNTY AUDITQR'S CERTIFICATE
Z hereby certify funds ~ available to accomplish and pay the obl~gat~on of Denton
County, Texas, under this Agreement. ~
~ ~
Den ounty A dit
~
CrTY CERTIFICATE
~ hereby certify funds will be available to accomplish and pay the obligation of the City
of Denton, Texas, under this Agreement.
Direc r f Finance
City of Denton ICA - Mayl}ill Raad Improvements Precinct Paur Page 7 of 9
APPROVAL OF INTERZOCAL COOPERATION 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 Road 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 #4, 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 X791.014,
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 380 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 #4.
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,
Date.
By'
Presiding officer of enton
County Commission s Court
City of Denton ICA -Mayhill Road Improvements Precinct Four Page 8 of 9
APPROVAL OE INTERLOCAL COOPERATION AGREEMENT
The City of Denton, Texas, acting by and through the Denton City Council, having been
advised of the Praject requiring the assignment of responsibility and obligation fox widening and
other improvements to Mayhill Road from U~S Highway 38~ University Drive} south to its
intersection with Colorado Boulevard, located in the City of Denton, Texas, and Denton County
Commissioner Precinct #4, herein gives its specifzc written approval to the Project prior to
beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Texas
Government Code Chapter 791.
The description of the Project to be undertaken and its location are as follows; widening
i and other improvements to Mayhill Road from U,S Highway 3$0 (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 #4.
The local governments which requested the project and with whom the agreement fs 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 ~ ~ Y~
Presiding ffice f the~City , nton, Texas
City of Denton ICA -Mayhill Road Improvements Precinct hour Page 9 of 9