2008-307s:\ourBocuments\ordinances\08\ica-Benton county-old alton road.doc
ORDINANCE NO. a~ OOO -.J?® 7
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 CONSTRUCTION OF IMPROVEMENTS AT THE
INTERSECTION OF FM 2181 AND OLD ALTON 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 construction of
intersection improvements and the installation of a traffic signal at the intersection of FM 2181
and Old Alton Road, 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.
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 day of 0'6~ 2008.
~. ,
MARK A. BURROUGHS AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
E
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS
TffiS 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 intersection improvements and the
installation of a traffic signal at the intersection of FM 2181 and Old Alton Road within the
municipal limits of the City and Denton County Commissioner Precinct #1 in accordance with
the plans prepared by Kimley-Horn and Associates, Inc. dated July 23, 2008 as permitted by
Texas Department of Transportation Permit Ref. 08-0202, 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 herby mutually agree to be subject to the provisions of the Act; and; and
WHEREAS, the County and the City value the timely completion of the Project which
involves roads which aze an integral part of the County's road system and the Parties aze
undertaking the Project to improve safe travel on an improved roadway; and
NOW, THEREFORE, this Agreement is hereby made and entered into by the County
and the City upon and for the mutual consideration stated herein:
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 azea
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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
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road within the municipal limits of the City and Denton
County Commissioner Precinct #1 at an estimated project cost of SEVEN HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($750,000.00), hereinafter "the cost of the Project."
III.
The County agrees to contribute an estimated sum of SEVEN HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($750,000.00) toward 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 engineering which may be 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 received.
V.
Payment to the City is due upon execution of the contract. In the event of any change
order that would add additional costs to the Project, the City shall obtain prior approval from the
governing body of the County before any change order is authorized. In the absence of prior
consent from the governing body of the County, the City shall be responsible for all additional
costs related to change orders. In the event that additional work must be conducted in the
interest of preserving public health, safety or welfaze, the City shall be authorized to proceed
with the work on a time and materials basis and shall immediately notify the County of its intent
to do same. In this instance, the County will grant formal approval of the necessary change order
upon.presentation of written justification for same from the City.
VI.
Upon satisfactory completion of the Project, the County and the City shall prepare and
complete a full audit of the Project. Based on the results of the audit, the City will be made
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whole for any costs incurred by the City that are above the estimated cost of the Project, or the
City will reimburse the County for any sums below the estimated cost of the Project which are
not expended on the Project. A copy of the final audit reports prepared by the County and the
City shall be sent to Mr. John Polster, c/o Innovative Transportation Solutions, 2701 Valley
View Lane, Dallas, Texas 75234.
VII.
This Agreement may be terminated in whole or in part by the County or the City upon
thirty [30J 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. In
the event of termination by the County, the County shall pay all approved invoices submitted up
to and including the date of termination.
VIII.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes all prior negotiations, representations and/or agreements, either oral or
written. This Agreement may be amended only by written instrlurlent signed by both of the
Parties. 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: 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
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Copy To: Denton County Criminal District Attorney's Office
Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
>Q~,
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
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas.
X.
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.
XI.
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.
XII.
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.
I~IIII.
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.
XIV.
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.
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XV.
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 fullest extent possible.
XVI.
The undersigned officers and/or agents of the Parties hereto aze 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.
XVII.
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 life of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
Executed in trirlicate originals this
9~~
day of ,~y , 2008.
DENTON COUNTY, TEXAS
110 West Hickory
Denton, Texas 76201
By: _
Honorable Mary Ho ~ ~ _ ~ ~ _~ ~
Denton County Judge
Acting on behalf and by the authR~iq f„~~~~
The Commissioners Court off,.``` ER'S Cp ''%,
Denton County, Texas ~~~`~~\~~ • ~~I' ~''~~~
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'~'
ATTEST: = ~ . ' ~trn
.o z=
By:
Denton
CITY OF DENTON, TEXAS
215 E. McKinney
Denton, Texas 76201
By:
Honorable Mazk Burroughs
Mayor of the City of Denton, Texas
Acting on behalf and by the authority
of the City of Denton,
Denton County, Texas
ATTEST:
By: ~ ~n Al
City U retaryv
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APPROVED AS TO FORM:
By:
Assistant D s ct Attorney
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County
COU~~QN/T~~Y~~AUDITOR'S CERTIFICATE
I hereby certify funds available to accomplish and pay the obligation of Denton
Texas, under this Agreement.
CITY CERTIFICATE
I hereby certify funds will be available to accomplish and pay the o
of Denton, Texas, under this Agreement.
of the City
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APPROVAL OF INTERLOCAL 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
road construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road, located in the City of Denton, Texas, and Denton
County Commissioner Precinct #l, herein gives its specific 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, and specifically Texas Government Code §791.014.
The description of the Project to be undertaken and its location are as follows: road
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road, 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.
Date: r'~-l(p~d
By:
Presi ing Officer of t e entc
County Commissione Court
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APPROVAL OF INTERLOCAL COOPERATION 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 road
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road, 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 Interlocal Cooperation Act,
Texas Government Code Chapter 791.
The description of the Project to be undertaken and its location are as follows: road
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road, 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: /~ l~~ l;~ E'f1.4
-~-
By: C~~C'~ _
Presiding Officer of the City of on, Texas
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