Loading...
2008-275sAour documents\ordinances\08\county interlocal - road maintenance.doc ORDINANCE NO. Z 7tJ AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE DIVISION OF 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, or in his absence the Mayor Pro Tem, 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. n,, PASSED AND APPROVED this the day of t7IkIL4008. MARK A. B GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: DA-N )A I , APPROVED AS TO LEGAL FORM: sAour documents\contrac ts\08\den ton 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 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 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: 1 s:\our documents\contracts\08\denton county interlocal agreement.doc WITNESSETH: 1. The term of this Agreement shall be for a term of one year beginning on October 1, 2008, and being subject to renewal for an additional term of one year on October I of each year, unless sooner terminated as provided for herein. II. Pursuant to Texas Government Code 5791.011, 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. III. 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. III. 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 s:\our documents\contracts\08\denton 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\081denton county interlocal agreement.doc XI. 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 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: 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 e sAour documentskontracts\Mdenton 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 Executed in duplicate originals this day of , 2008. DENTON COUNTY, TEXAS Denton County, Texas 110 West Hickory Denton, T By: IHT,OF~- CITY OF DENTON, TEXAS City of Denton 215 E. McKinney Denton, Texas 720,110 By: 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 -OQU uh jo of the City of Denton, Denton County, Texas :~pF Denton County, Texas ATTEST: _ = : zATTEST: ftz Denton Co 0 Clerk ,,,.1 City S etary APPROVED AS TO FORM: By: _ z si ant District Attorney sAour documents\contracts\08\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. P~4 - Denton County ud for CITY AUDITOR'S CERTIFICATE I hereby certify funds will be available to accomplish and pay the obligation of the City of Denton, Texas, under this Agreement. sAour documentskontracts\08\denton 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: 2 ~~D By: B Presiding Office the Denton Presiding Officer the on County Commiss ners Court City Council 7 B E !'2 !b E ! .»L ~•~~S~' Ck` x C - ep•: x33; s ~.sj.-• r :•O l9: S 3 P7f„f 4: 3 8 i o _i i:;S~`( s gf's~ £';7 yy! l~ ~~4f3 } !r' f _ ~ ti j j a ~ _ s• ~5~j ; i 4°~, f Yr !(i 1~_ ~ i~ i I tl t 17", U 1 s I i._. ~ e 1!P -J-H1111 _ 7 5 i t t ILI a °r{ ~ Ali - ~ { ,i w U z Q z w r z a w Q CO) z O I z w C) N O Q h tti Q 0 N M M Q a 0 0 (Tj Go Qf h Q Q to n 0) Co M r M N t0 ft N W) to V- A N V- O n N h to tti N " fo r to O ~ O N N " ~ CD m a C.) " ~ ~f N N C O O N ~ ~ t(j N C to K N ri ui O R S- to N C t•i tti V: is tti tti C C J LL a% w Q Q Q V. O th O Q Cb P, Cti O N O M r- (no O N m N 0 Co O O O O yJ a) O O O O h tq tb O) O O O O N O 0 0 0 n tb O h N O O Cb Q O C t71 C.) C Co t(j C.) O C.) th h C C W) W) O Qi r- in ~ to ~ R 0 0 0 tap N t~ C.) m t CL C O tp 0) tt) O tp m Q h O ap to Cl) Q Q N O tb r- ap Co to C.) cc N tp to N N cc O Q N Q t0 to to Q O ~ O to N N N Q tti h Co to Q to N h t7) v Q Q h ~ to p N t~ tD 1 1 h h h h Cl) ' h ' v ft ' r- q) tti N ui t4 n N n h N a U m C Q t0 N O h h O N N O O O tti N to n tti n N h ap Q O O m C C C4 C tV h C vi eV N Of a1 C LL O O o) to n O O O O O O to J O O Q N h O O O O O Q Q } t0 O h Q e- th Q t~ EO tb O r h tti M tp Q n Co O Co O to U a N tD N CD to th h O to h ' h Q Co O Q P O N 3 a) m Y 0 0 J L a) m a) m -0 'O Y m Q) r m O o 7 Y a) m c (7 a) a to U v v v a v m ~ r w Co °O c 3 t c E o LL m f0 LL c c c U c to m m Z m ~ c ~ ~ c c C 3 0 -d N , C a E J v Z N O ° w (1) 0 m u) v N t. M w 2 s w 'O w 'O O C to to to L A ~ r L - r 'c u ~ m c L m y U m m ~ o C) M m m a) 0 0 r o m o o Z to m - a) a) a) . d M a) m a) a) a) o m - rn W W : < U m u u) m m z Z LL U = r a: U m r tn m 0 a r 2 _ LL = O Q w U m m U 3 A) a) ~ E L U J L O c Y a) L Y LL O c O U N E m 0 c o O O N U c O U y a) 2 a) c m U L a to to N N m a) ~ M J a) c tMn o a°o M ° 2 0 m E ~ y Z 0 CL t` c C v n M m E _ C m U cD 3: m i L ' m m m m to C to C 3 0 t 3 M M L C O M M N U N 3 L O M 1 c p l n m CO) M m rn a) rn m M 7 t m (3) O - O (D (9 » = Q U LL = (n Q = = U) Y U = = LL LL 2 to U d' m LL - r - = r F- = m z z tn tn ° m a w a) .O a) m a) m a) m a) m Y a) Y m Y m ~c a) d x a) 0 U E v w v a) ~e m Q) ) 2 v a~ c 0 > U m O m 'O m m ' 0 Co Co m m m 2 T T U U ° O C LL U U y s m J 2 N C C ° Z p a) Q) a) a) U U U m m a) C C C 0 m w N N N C ! E N O - O O O O CIL ~ U CL o a) L E E 0 cr 0 0 O Co O m m U a U n c c c c C c C c N o N I N 0 0 0 0 0 L 0 3 0 3 0 E C -C m to m Co A I a) m E [E m v v = E c L C L m m - _m ` p I a , « w m - Q m m m m o m 0 m o m 0 m 0 m 0 m M M m m U U o u U W LL LL LL U U` U` U` = 2 2 = 2 _ S A O --5 O N J 2 2 2 0 0 J U N M Q tf) T m 3 v m 0 O N U E C 00 U c 0 c m O a N N 1] 0) L m x d w Q v_ W U Z a z w z_ Q O W Q N Z H Z W 0 'o n N h W~ co Q n N h h QD C r N V- N N r 0 J co N 16 J O O H Ci Cf Li N Z~ O ~ n P, C7) CL n n LO a~ a i so n r. o a a 0 ° ~ Fi vi v Fi ~o ao v av N V O J ll aoo A O h h R ~ O O V- lti N r c J 0 co C14 N Q N } r ~ C.) O O O N N O U r N' 7 1~ tO' N' O ~ '0 'D 0 'C Co '0 C N C O N H C U W W W W N o U N ° L -6 -a N L L c M U C I N N E U N O co 7 o N a) m a) = 7 0 r 0 'C ( D ~ O A ~ W (n O O ~ tn z tn E O V 0 0 U. o a ~ z ° 0 (D - o O C O 0 `co 7 0 co co M O co f`') O C. C 1 :1 - > ~ ( N Y C N o m m co 3 3 U 3 CL LL Q L W C f6 C f0 z fn 7 fn . d E ~ ~ -O cr, W - cm w - v o U 0 ~ 0 ~ 0 U o 0 r ° W ) )W d O O Z ' O N to 0 cn 0 cn co 0 0 w w w O -0 c c y E E U U - ' rv N O _ 0 .C C C 0 0 N O (D . 3 L 0 0 C C J U (O I~ co O) R ao U O) O O m a` c N ~ M V 10 r_ U J 00 N N r C6 rn N w 14-E Denton County Commissioners Court Nov 18, 2008 nG b Date l~ Court Order Number V `1A The Order: Approval of the Inter-local Cooperation Agreement between Denton County, Texas, and the City of Denton, Texas, for road maintenance. Commissioner Precinct #I Motion by Seconded by zl~ County Judge Yes Mary Horn Abstain No Absent Commissioner Pct No 1 Yes Commissioner Pct No 2 Yes Cynthia White Abstain Ron Marchant Abstain No No Absent Absent Commissioner Pct No 3 Yes ✓ Commissioner Pct No 4 Yes Bobbie J. Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried `4 -o-V Other Action: Pulled from Consent No Action Postponed BY ORDER OF THE COMMISSIONERS COURT: ATTEST: Cynthia Mitchell, County Clerk and Ex-Officio Clerk of the V Commissioners Court of Officer Denton County, Texas APPROVED AS TO FORM: Attorney o ef~• .,f CJ \ a O\ 1~~~IIffI1!te:1~~~~` County Clerk Nov 13, 2008 11:19 AM Denton County p. 283 of 318