2004-155O INANCE SO. g£d¢
AN ORDINANCE AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON COUNTY TO PROVIDE FOR LOOP 288 ENGINEERING SERVICES;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City and Denton County desire to enter into an Interlocal Cooperation
Agreement to provide for Loop 288 engineering services in substantially the same form as the
Interlocal Cooperation Agreement attached hereto and made a part hereof by reference (the
"Interlocal Agreement"); and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFOR;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Mayor, or her designee, is hereby authorized to execute the Interlocal
Agreement on behalf of the City. The City Manager or his designee, is hereby authorized to can'y
out the rights and duties of the City under the Interlocal Agreement including the expenditure of
funds provided for therein.
SECTION 3.
approval.
PASSED AND APPROVED this the /~ day of ~/'
EULINE BROCK, MAYOR
This ordinance shall become effective immediately upon its passage and
,2004.
ATTEST:
JE~_ER W ~ALTERS,X~ITY SECRETARY
BY:
INTERLOCAL COOPERATION AGREEMENT
LOOP 288 EAST ENGINEERING SERVICES
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".
WHEREAS, the County and the City propose to widen Loop 288 East
from IH 35E to US 380 to a six-lane divided urban roadway within the city limits
of the City of Denton, 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 municipality in Denton County,
Texas, engaged in the provision of municipal and related services for the benefit
of the citizens of the City; and
WHEREAS, the County and the City mutually desire to be subject to the
provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal
Cooperation Act, which provides authorization for any local government to
contract with one or more local governments to perform governmental functions
and services under the terms of the Act; and
Loop 288 East Engineering-City of Denton ICA 1
WHEREAS, the City and the County value the early completion of the
"Project" so that Loop 288 East may be improved to a six-lane, divided, urban
roadway with ramping improvements along IH 35E; and
WHEREAS, any compensation made in connection with governmental
functions provided for in this Agreement shall be made from current revenues
available to the paying party and such compensation fairly compensates the
performing party for the services or functions performed;
NOW, THEREFORE, the County and the City, for mutual consideration
hereinafter stated, agree and understand as follows:
This Agreement becomes effective when signed by the last party whose
signing makes the respective agreements fully executed. This Agreement may be
terminated at any time by either party giving thirty (30) days advance notice in
writing to the other party.
II.
The City and the County hereby agree that the scope of the Project
addressed in this Agreement is the completion of Plans, Specifications, and
Estimates (PS&E) for Loop 288 East from IH 35E to US 380, Brinker Road Ramp
Reversals and design of the bypass around the DART/City of Denton Rails to
Trails (the "Project").
III.
The County agrees to contribute, from Better, Safer, Roads Program
(BSRP) funds for the Project, an amount not to exceed SEVEN HUNDRED AND
Loop 288 East Engineering-City of Denton ICA 2
NINETEEN THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS AND
00/100 ($719,225.00) which is for a required portion of the PS&E engineering
services on the Project.
IV.
The City agrees to contribute from current funds for the Project an amount
not to exceed EIGHT HUNDRED NINETY THOUSAND SEVEN HUNDRED
AND SEVENTY FIVE AND 00/100 DOLLARS ($890,775.00) towards the
completion of the engineering services required for the Project. The City will
remit this sum to the County Treasurer within thirty (30) business days of the
execution of this Agreement.
The County will retain and oversee the engineering services required, and
obtain all necessary permits or clearances for the Project. The County shall
employ any and all needed professionals to fulfill its obligations under this
agreement.
VI.
The City understands and agrees that the City, its employees, servants,
agents, and representatives shall at no time represent themselves to be
employees, servants, agent and/or representatives of the County.
VII.
The County understands and agrees that the County, its employees,
servants, agents, and representatives shall at no time represent themselves to be
employees, servants, agent and/or representatives of the City.
Loop 288 East Engineering-City of Denton ICA 3
VIII.
The County agrees to and accepts full responsibility for the acts,
negligence, and/or omissions of all County employees and agents,
subcontractors, and/or contract laborers, and for those of all other persons doing
work under a contract or agreement with the County.
IX.
The City agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all City employees and agents, subcontractors, and/or
contract laborers, and for those of all other persons doing work under a contract
or agreement with the City.
This Agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither the County not 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.
XI.
This Agreement represents the entire agreement between the County and
the City and supercedes 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.
XII.
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
Loop 288 East Engineering-City of Denton ICA 4
of the State of Texas.
County, Texas.
Further, this agreement shall be performable in Denton
XIII.
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.
XIV.
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.
XV.
Pursuant to V.T.C.A., Government Code §791.011, 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 hereto further agree that each of them is authorized to perform the
functions and services individually.
XVI.
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.
Loop 288 East Engineering-City of Denton ICA 5
Signed to be effective the/~tJ//day of ~ff/J~'
,2004
COUNTY
CITY
Denton County, Texas
110 West Hickory
Denton, Texas 76201
//
Hon. Mary I-I~rn
Denton County Judge
Acting on behalf of and by
authority of the Commissioners
The City of DENTON, Texas
215 E. McKinney 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
Court of Denton Count,d, Texas Denton, Texas
A~est: _ ~ ~ ~ ~ ~
Cynt~a ~tchell, County
Approved as to form.' ! /
Assistant District Attorney
Approved as to form:
c~?ty A~°~ [~
Loop 288 East Engineering-City of Denton ICA 6
APPROVAL OF INT RLOCAL COOP .RATION AGREEMENT
P O CT
The COUNTY OF DENTON, acting by and through its County
Cornmlssioners Court, having been advised of a project requiring the
widening of Loop 288 East from IH 35 E to US 380 to a six-lane divided
urban roadway within 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: project requiring the widening of Loop 288 East
from IH 35 E to US 380 to a six-lane divided urban roadway within city of
Denton, Texas.
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 o/ricer on behalf of Denton County, Texas.
Presiding Office// of the Denton
County Commissioners Court
~'oject Approval Page 1
DENTON COUNTY
COMMISSIONERS COURT
. ~on'th ~/
Court Order Number:
2004
Year
THE ORDER:
Approval of: a) the Proiect for widening of Loop
288 East from ~ 35 E to US 380 to a six-lane dividefl
urban roadway within the city, limits of the Ci~, of,
Denton and b) the Interlocal Cooperation Agreement
between Denton County,, Texas, and the City o!
Denton for the widening of Loop 288 East from IH
35 E to US 380 to a slx-lane divided urban roadway
within the city limits of the City of Denton.
Motion by C~r ~r'
Cynthia ~nlt~ Abstain
Absent __
County Judee Yes
Mary Horn Abstain
No
Absent
Commissioner Pet No 3 Yes
Bobble J. Mitchell Abstain
No__
Absent
Motion Carried
Seconded by [/C~ ~
Commissioner Pct No 2
Sandy Jacobs
~nmmi~sioner Pct No 4
Jim Carter
yes
Al~taln
Absent
Yes
Abstain
Absent
0
her Action' lulled from Consent ,x~otlUN~tAction Postponed "
BY O~R~F T~ COMMIS~O~"~:~ 0~76~ A~EST:
~--/ ~ ( ~'~ ~ ~$~ ~nthia~hell, Coun~Clerk
~ ~ ~ ~s/ ~, ~ ~-~ ~ ~ andEx=O~cloClerkofthe
_ _ . - . -- - '~llll~:~4 ~,~%%x' Depuq Coun~ Clerk