2006-350
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AmendmentNo.1toInterlocalCooperationAgreementɋ
OrdinanceNo.201706402/21/17JR
S:\Our Documents\Ordinances\06\ICA-Denton County-Metro Street.doc
ORDINANCE NO..
DZ)
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 METRO STREET FROM
INTERSTATE HIGHWAY 35 WEST (I1135W) SERVICE ROAD WEST TO CORBIN ROAD
AND CORBIN ROAD NORTH OF ITS INTERSECTION WITH METRO STREET TO F.M.
1515: 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 Metro
Street from Interstate Highway 35 West (I1135W) service road west to Corbin Road and Corbin
Road north of its intersection with Metro Street to F.M. 1515 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. 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
and is in the public interest.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1 "WZZ( '2006.
PEF(V R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY/ATTORNEY
By:
THE STATE OF TEXAS )
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND DENTON COUNTY, TEXAS
THIS AGREEMENT is made and entered by and between Denton County, Texas,
a political subdivision of the State of Texas, hereinafter referred to as "the County," and
the City of Denton, Texas, a political subdivision located within Denton County, Texas,
duly organized and authorized under the laws of the State of Texas, hereinafter referred to
as "the City."
WITNESSETH that the County and the City propose to construct Metro Street
from the Interstate Highway 35 West (I1135W) service road west to Corbin Road and
improve Corbin Road north of this intersection to F.M. 1515 within and adjacent to the
city limits of Denton, Texas, hereinafter referred to as "the Project", and
WHEREAS, the County is a duly organized and political subdivision of the State
of Texas engaged in the administration of county government and related services for the
benefit of the citizens of Denton County, Texas; and
WHEREAS, the City is a duly organized political subdivision in Denton County,
Texas, engaged in the administration of city government and related services for the
benefit of the citizens of the area serviced by the City; and
WHEREAS, the County and the City mutually desire to be subject to the
provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation
Act; which provides authorization for any local government to contract with one or more
Interlocal Cooperation Agreement
City Of Denton Page 1
local governments to perform governmental functions and services under the terms of the
Act; and
WHEREAS, each party has the authority to perform the activities set forth in this
Agreement and will make all payments provided for herein out of current revenues
available to the paying party and all payments made hereunder will fairly compensate the
other party; and
NOW, THEREFORE, the County and the City, for the mutual
consideration hereinafter stated, agree and understand as follows:
1.
This Agreement becomes effective when signed by the last party whose signing
makes the respective agreement fully executed.
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 Metro Street on a new
alignment as a two lane undivided roadway from Interstate Highway 35 West (IH35W)
service road west to Corbin Road and to improve Corbin Road as a two lane undivided
highway north from its intersection with Metro Street to F.M. 1515. The project's total
cost is currently estimated to be FIVE HUNDRED THOUSAND AND NO/100
DOLLARS ($500,000.00) for engineering, right-of-way and in-house construction
inspection and FOUR MILLION FIVE HUNDRED THOUSAND AND NO1100
DOLLARS ($4,500,000.00) for construction for a total estimated cost of FIVE MILLION
AND NO/100 DOLLARS ($5,000,000.00).
III.
The County agrees to contribute an amount of TWO MILLION, FOUR
HUNDRED THOUSAND AND NO/100 DOLLARS ($2,400,000.00) towards the
completion of the Project from Precinct 4, Transportation Road Improvement Program -
04 funds. As the City proceeds with the completion of the Project, it shall submit
invoices for work performed on the Project to the County in care of the County Auditor,
on a monthly basis and the County shall reimburse the City for all expenses related to the
Project within thirty (30) days of receipt of invoices.
Interloca) Cooperation Agreement
City Of Denton Page 2
IV.
The City agrees to contribute funds in an amount up to TWO MILLION SIX
HUNDRED THOUSAND AND NO/100 DOLLARS ($2,600,000.00) towards the
construction of project.
V.
The City will oversee the right-of-way acquisition, design and construction of the
Project.
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 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: Mayor Perry McNeill
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Copy To: 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 To: Denton County Criminal District Attorney's Office
Civil Division
Interlocal Cooperation Agreement
City Of Denton Page 3
P.O. Box 2850
Denton, Texas 76201
VII.
The City understands and agrees that the City, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants,
agent and/or representatives of the County.
VIII.
The County understands and agrees that the County, its employees, servants,
agents and/or representatives shall at no time represent themselves to be employees,
servants, agent and/or representatives of the City.
IX.
The County agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all County employees, agents, subcontractors, and/or contract
laborers and for those of all other persons doing work under a contract or agreement with
the County.
X.
The City agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all City employees, agents, subcontractors, and/or contract laborers and for
those of all other persons doing work under a contract or agreement with the City.
XI.
This agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the County nor the City waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it against claims
made by third parties.
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
Interlocal Cooperation Agreement
City Of Denton Page 4
governing bodies of both the County and the City or those authorized to sign on behalf of
those governing bodies.
XIII.
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.
XN.
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.
XV.
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.
XVI.
Pursuant to Section 791.011 of the Texas Government Code 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 hereto
further agree that each of them is authorized to perform the functions and services
individually.
XVII.
This Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the County nor the City waives, nor shall be deemed hereby to
have waived, any immunity or defense that would otherwise be available to it against
claims arising by third parties.
Interlocal Cooperation Agreement
City Of Denton Page 5
EXECUTED in duplicate originals this,
L1ifYl~llti , 2006.
COUNTY
Denton County, Texas
110 West Hickory
Denton, Te s 76201
By: P' L
Honorable M orn
Denton County Judge
the X A~ day of
CITY
City of Denton
215 East McKinney
Denton, Texas 7620
George C. Campbell _
City Manager for the
City of Denton'
By:
Acting on behalf and by the authority of the Acting on behalf and by the authority of the
Commissioners Court of Denton County, City of Denton, Denton County, Texas
Texas
ATTEST:
By:
nton County Clerk
ATT T:
By:
C' Secre ry
AS
By:
APPROVED
City Attorney
By:
Interlocal Cooperation Agreement
City Of Denton Page 6
I hereby certify funds will be available to
Denton County, Texas under this Agreement.
and pay the obligation of
Wells, Denton County'Auditor
'D ;Wtl
7j
CITY AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of the
City of Denton, Denton County, Texas under this Agreement.
City Auditor
Interlocal Cooperation Agreement
City Of Denton
Pa 7 i
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The County of Denton, acting by and through the County Commissioners
Court, having been advised of a project to construct Metro Street on a new alignment
as a two lane undivided roadway from Interstate Highway 35 West (IH35W) service
road west to Corbin Road and to improve Corbin Road as a two lane undivided
highway north from its intersection with Metro Street to F.M. 1515 within and
adjacent to the city limits of Denton, hereinafter referred to as the "Project" under an
Interlocal Contract, herein gives its specific written approval of the project prior to
beginning the project in satisfaction of the requirements of V.T.C.A., Government
Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its location are as
follows: Metro Street on a new alignment as a two lane undivided roadway from
Interstate Highway 35 West (IH35W) service road west to Corbin Road and to
improve Corbin Road as a two lane undivided highway north from its intersection
with Metro Street to F.M. 1515 within and adjacent to the city limits of Denton.
The local government which requested the project and with which the County
of Denton has contracted is the City of "Denton".
By vote on this date, the Commissioners Court has approved the project
identified above and authorized execution of this document by the presiding officer
on behalf of Denton County, Texas.
By/t,47-
Presiding Officer of the Denton County
Commissioners Court
Interlocal Cooperation Agreement
City Of Denton Page 8
APPROVAL OF fNTERLOCAL COOPERATION AGREEMENT PROJECT
The City of "Denton", acting by and through the City Council, having been
advised of a project to construct Metro Street on a new alignment as a two lane
undivided roadway from Interstate Highway 35 West (IH35W) service road west to
Corbin Road and to improve Corbin Road as a two lane undivided highway north
from its intersection with Metro Street to F.M. 1515 within and adjacent to the city
limits of Denton, hereinafter referred to as the "Project", under an Interlocal Contract,
herein gives its specific written approval of the project prior to beginning the project
in satisfaction of the requirements of V.T.C.A., Government Code, Chapter 791, the
Interlocal Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its location are as
follows: Metro Street on a new alignment as a two lane undivided roadway from
Interstate Highway 35 West (IH35W) service road west to Corbin Road and to
improve Corbin Road as a two lane undivided highway north from its intersection
with Metro Street to F.M. 1515 within and adjacent to the city limits of Denton,
hereinafter referred to as the "Project".
The local government which requested the project and with which the City of
"Denton" has contracted is the County of Denton.
By vote on this date, the City Council has approved the project identified
above and authorized execution of this document by the presiding officer on behalf of
the City of "Denton", Texas.
By:
Presiding Officer of the City of "Denton"
Interlocal Cooperation Agreement
City Of Denton Page 9
DENTON COUNTY
COMMISSIONERS COURT
p4&, /1 2006
Month Day Year pp~
Court Order Number: Q ' O D
THE ORDER:
Approval of the Interlocal Cooperation Agreement between
14, 4Denton County, Texas, and the City of Denton for the construction
of Metro Street and improvement to Corbin Road located in
E
County Judge Yes--4z
Mary Horn Abstain
No _
Absent
Commissioner Pct No I
Yes
Cynthia White
Abstain
No
Absent
/
Commissioner Pet No 3
Yes
V
Bobbie J. Mitchell
Abstain
No
Absent
Motion Carried
Commissioner Per No 2 Yes
Sandy Jacobs Abstain
No
Absent
Commissioner Pct No 4 Yes
Jim Carter Abstain
No
Absent
/-/-0-70
Other Action: Pulled from Consent _ No Action _ Postponed
nunupr
BYO <EF THE COMERS C S bry ATTEST:
°4S N ER CoG°°°Cynthia Mitchell, County Clerk
:gad Ex-Officio Clerk of the
Presiding Officer U ? Zommissioners Court of
C Cn : Denton County, Texas
APP DAS OF QQ
= 7~:
° Ay:
Assis nt 's ict Attorney ° Deputy ounty Clerk
Motion by L,A// A J Seconded by / &ff