2004-076AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS
FOR ROAD IMPROVEMENTS FOR FM 2181; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in her absence the Mayor Pro Tem, is hereby
authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement
between the City of Denton, Texas and Denton County, Texas for road improvements for
fin 2181, substantially in accordance with the Interlocal Cooperation Agreement which is
attached hereto and incorporated by reference herein (the "Inteflocal Cooperation
Agreement").
SECTION 2. The expenditure of funds as set forth in the Interlocal Cooperation
Agreement is hereby authorized.
.SECTION 3. This ordinance shall become
passage and approval.
PASSED AND APPROVED this the ~/~day of L,~f~,({,~
EULINE BROCK, MAYOR
effective immediately upon its
,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: l_dio
APPROVED AS TO LEGAL FORM:
S:\Our Documents\Ordinances\lnterloeal Agrmt-FM 2181 -Denton County.doc
THESTATE OFTEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT
FOR ROAD IMPROVEMENTS TO FM 2181
BETWEEN THE CITY OF DENTON AND DENTON COUNTY~ TEXAS
THIS AGREEMENT is made and entered into by and between Denton County, Texas, a
political subdivision of the State of Texas, hereinafter referred to as "County" and the City of
DENTON, Texas, a corporate and political body organized and existing under the laws of the
State of Texas, hereinafter referred to as "City". This Agreement is for purposes of the
completion of certain road improvements to FM 21 g 1, hereinafter referred to as the "Project."
WHEREAS, Connty has provided funding for several road projects within the limits of the
City through and as part of the January 1999 Better Safer Roads Bond Program,
WHEREAS, City and County value the early completi6n of the Project which involves
roads which are integral parts of the County's road system;
WHEREAS, City and County mutually desire to be subject to the provisions of V.T.C.A.,
Government Code, Chapter 791, the Interlocal Cooperation Act; and
WHEREAS, each party paying for the performance of governmental functions as
..,
provided for in this agreement, shall make ~ '
those payments from current revenues available to the
paying party;
City of Denton ICA Page I
WHEREAS, City desires the participation of County in the Project as authorized by
V.T.C.A., Transportation Code, §251.012;
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
The term of this Agreement shall commence upon execution by all parties and shall
terminate upon completion of the Project or upon termination of this Agreement under the
provisions of Section VIII.
II.
The Project is described as follows: Improvements to FM 2181, including but not limited
to, environmental clearance, development of plans, specifications and estimates, and construction
of a six-lane, divided urban Farm-to-Market roadway. The project shall be conducted in t~vo
phases:
Phase I - Lillian Miller to Hickory Creek Road
Phase II - Hickory Creek Road to south junction of FM 2181 and IH
35E in Corinth
III.
Pursuant to V.T.C.A., Government Code Section 791.011, the parties hereto agree that
the purpose of this Agreement is to ensure that certain govermnental functions and services in the
area of streets, roads and drainage are pertbrmed. The parties hereto further agree that each of
them is authorized to perform the functions and services individually.
IV.
As required by V.T.C.A., Transportation Code Section 251.012 and as evidenced by the
signature of the City's representative below, the governing body of City by the execution of and
City of Denton ICA Page 2
approval of this Agreement approves of the expenditure of County money to participate in or to
fund an amount not to exceed ONE MILLION SIX HUNDRED THOUSAND AND 00/100
DOLLARS ($1,600,000.00), for the preparations of an environn~-ntaI assessment, schematic
drawings, plans, specifications and estimates as identified in Section II. The remainder of the
County's committed funds will be applied toward the construction of Phase II as identified in
Section II.
In performance of this Agreement, the COUNTY. will be responsible for hiring the
engineering firm for Phases I and II of the Project. Additionally, the COUNTY agrees that all
funds remaining after the procurement of engineering services will be committed to the
construction of Phase II of the Project.
VI.
In performance of this Agreement, the City agrees to pay EIGHT-HUNDRED AND
NINE THOUSAND AND 00/100 DOLLARS ($809,000.00) to reimburse the Cottnty for costs
incurred in procuring the environmental assessment, schematic, and plans, specifications &
estimates for their portion of Phase I and II.
VII.
As County proceeds in the completion of the Project, it shall submit invoices on a
monthly basis for reimbursement not to exceed EIGHT-HUNDRED AND NINE THOUSAND
AND 00/100 DOLLARS ($809,000.00) unless otherwise authorized by the governing body of
the City of Denton, to the City of Denton Finance Department, Attention: City Controller, at
City Hall, 215 E. McKinney Street, Denton, Texas 76201, and the City shall reirhburse Connty
for all expenditures related to Phases I and II of the Project within Thirty (30) days of receipt of
these invoices. Attached to this Contract is a certification by the County Auditor that the County
shall include the snm of ONE MILLION SIX HUNDRED THOUSAND AND 00/100
City of Denton ICA Page 3
DOLLARS ($1,600,000.00) in its budget and that this amount shall be itemized, set aside and
approved by the County Commissioners Court to be expended for the Project.
VIII.
This Agreement may be terminated in whole or in part by the County or 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: (I) written notice delivered
by 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 City, City shall reimburse County for all invoices submitted up to and
including the date of termination. Notices shall be directed as follows:
For City:
Copy To:
Hon. Euline Brock
The City of Denton Mayor
215 E. McKinney Street
Denton, Texas 76201
Mike Conduft; City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
For County:
Copy to:
Hon. Mary Horn
Denton County Judge
110 East Hickory
Denton, Texas 76201
District Attorney's Office/Civil Division
Attn: Lee Veness
I450 East McKinney, Suite 3100
P.O. Box 2850
Denton. Texas 76202
City of Denton ICA Page 4
IX.
The covenants, conditions and terms hereof are to be construed under the laws of the
State of Texas and are performable by all parties in Denton County, Texas. The parties mutually
agree that venue for any obligation arising from this Agreement shall lie in Denton County,
Texas.
This writing is intended by the parties as a final expression of their agreement and as a
complete and exclusive statement of the terms of their agreement. This Agreement can be
modified or terminated according to the provisions of Section VIII only by writing signed by both
of the parties or their duly authorized agents.
XI.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither County nor City waives, nor shall be deemed hereby to ~vaive, any immunity or
defense that would otherwise be available to it against claims arising by third parties.
XII.
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.
XIII.
The undersigned officers 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 and all necessary resolutions extending
said authority have been duly passed and are now in full force and effect.
City of Denton ICA Page 5
EXECUTED in duplicate originals.
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas 76201
By:
Hon. Mary I~n
Denton County Judge
Acting on behalf of and by
authority of the Commiss~m~,
Court of Denton Cottg~t~,~i~l~r
Date:
Attest'
Cynthia Mitchell, County Clerk~
CITY
The City of DENTON, Texas
215 E. McKirmey Street
Denton, Texas 76201
Hon. Euline Brock
The Mayor for the City of Denton
Acting on behalf of and by
authority of the City Council of
Denton, Texas
Attest:
City ~cretary~
Mr. Lee Veness
Assistant District Attorney
Herbert L. Prouty
City Attorney
City of Denton ICA Page 6
AUDITOR'S CERTIFICATE
I hereby certify funds will be available in the mount of ONE MILLION SIX HUNDRED
THOUSAND AND 00/100 DOLLARS ($1,600,000.00) to accomplish and pay the obligation of
Denton County, Texas under this Agreement.
J'J~es Wells, County Auditor /
City of Denton ICA Page 7
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The COUNTY OF DENTON, acting by and through its County Commissioners
Court, having been advised of a project requiring road improvements to FM 2181 in the city
of Denton, Texas, under an Interlocal Contract, herein gives its specific written approval of
the project prior to beginning the project in satisfaction of the requirements the Interlocal
Cooperation Act, Texas Government Code §791.014.
The description of the type of project to be undertaken and its location are as follows:
road improvements to FM 2181.
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 attthorized execution of this document by the pt~esiding officer on behalf of
Denton Connty, Texas.
Presiding Officer of thke/Denton County
Commissioners Conrt
City' of Denton ICA Page 8
DENTON COUNTY
COMMISSIONERS COURT
Month Day
Court Order Number:
2004
Year
THE ORDER:
Approval of: a) the Proiect for improvements to FM
2181 within the city limits of the City of Denton and b) the
Interlocal Cooperation A~reement between Denton County,
Texas, and the City of Denton for the improvements to FM
2181 within the city limits of the City' of Denton.
Conair Judge
Mary Horn
Commissioner Pet No I Yes
Cynthia White Abstain --
No
Absent
Commissioner Prt No 3 Yes
Bobbie J. Mitchell Abstain
No
Absent
Yes
Abstain
No
Absent
Seconded
Commissioner Pet No 2
Sandy Jacobs
Yes
Abstain
Commissioner Pet No 4 Yes /
Jim Carter Abstain --
No
Absent .--
Motion Carried '~
Other Action: Pulled from Consent No Action
Postponed __
ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
Denton County, Texas