2004-185ORD CENO.
AN ORDINANCE APPROVING AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY APPROVING A PROJECT
FOR COMPLETION OF ROADWAY PAVEMENT IMPROVEMENTS ON LONG ROAD
FROM THE DENTON INDEPENDENT SCHOOL DISTRICT'S WESTERN PROPERTY LINE
TO STUART ROAD ADJACENT TO AND SERVING THE NEW DENTON ATHLETIC
FACILITY/ADVANCED CAREER AND TECHNOLOGY CENTER; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City and Denton County desire to enter into an Interlocal Cooperation
Agreement approv'mg a project for roadway pavement improvements to Long Road in substantially
the same form as the Inteflocal 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 tiffs ordinance are
incorporated herein by reference.
SECTION 2. The Interlocal Agreement is hereby approved. 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 carry out the rights and duties of the City under the Interloeal
Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~/;,~/~ day of (~/~ ,2004.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO~J~EGAL FORM:
BY: ~.-~ c~ t~,/~-x,__ __
THE STATE OF TEXAS
COUNTY OFDENTON
INTERLOCAL COOPERATION AGREEMENT FOR
ROAD IMPROVEMENTS TO LONG ROAD
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 home rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter referred to as "City". This Agreement .is
for the purposes of roadway pavement improvements on Long Road from the Denton
Independent School District's property line to Stuart Road adjacent to and serving the
new Denton Athletic Facility/Advanced Career and Technology Center, hereinafter
referred to as the "Project," described in the Interlocal Cooperation Agreement (ICA)
between the County and the Denton Independent School Dish-ict attached as Exhibit "A"
hereto and made a part hereof by referenced (the "County/DISD lnterlocal Agreement").
WHEREAS, County 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 completion of the Project which
involves roads which are integral parts of the County's road system; and
WHEREAS, City and County mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, the lnterlocal Cooperation Act; and
City of Denton ICA 1
WHEREAS, City desires the participation of County in the Project as authorized
by Texas Transportation Code §251.012; and
WHEREAS, each party paying for the performance of governmental functions or
services is making those payments from current revenues available to the paying party
and all payments are in an amount that fairly compensates the performing party for the
services or functions performed under this agreement;
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 V.
The Project is described as follows: roadway pavement improvements on Long
Road from the Denton Independent School District's property line to Stuart Road
adjacent to and serving the new Denton Athletic Facility/Advanced Career and
Technology Center, hereinafter referred to as the "Project".
I12I.
Pursuant to Texas 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.
City of Denton ICA 2
As required by Texas Transportation Code §251.012 and as evidenced by the
signature of the City's representative below, the governing body of City by the execution
of and approval of this Agreement approves the County/DISD Interlocal Agreement and
the expenditure of County money directly to DISD pursuant thereto in an amount of
SIXTY THOUSAND AND NO/00 DOLLARS ($60,000.00), for the Project. The City's
sole responsibility is to consent to the Project, the County/DISD Interlocal Agreement,
and this Agreement. DISD is responsible for the subject roadway improvements.
V
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: (1) 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. :
For City:
Copy To:
Michael A. Conduff, City Manager
The City of Denton Mayor
215 E. McKirmey Street
Denton, Texas 76201
Herbert L. Prouty, City Attorney
City of Denton
215 E. McKinney Street
Denton, Texas 76201
For County: Hon. Mary Horn
Denton County Judge
City of Denton ICA 3
Copy to:
110 East Hickory
Denton, Texas 76201
District Attorney's Office/Civil Division
Attn: Lee Veness
1450 East McKinney, Suite 3100
P.O. Box 2850
Denton, Texas 76202
VI.
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 t~om this Agreement shall lie
in Denton County, Texas.
VII.
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.
VIII.
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 waive,
any immunity or defense that would otherwise be available to it against claims arising by
third parties.
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.
City of Denton ICA 4
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.
EXECUTED in triplicate originals.
COUNTY
Denton County, Texas
110 West Hickory
Denton County Judge
Acting on behalf and by the authority of the
Commissioners Court of Denton County,
Texas
ATTE~'.-~ ._~,q_ ,/~_ / _,~
By:
De~ton County Cler~- ~ U
Assistant Distri~,c[~
CITY
City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
By:
Hon. Euline Brock
City of Denton Mayor
Acting on behalf and by the authority of the
City of Denton, Denton County, Texas
ATTEST:
JENNIFER WALTERS, CITY
SECRETARY
APPROVED AS TO FORM
HERBERT L. e~, CIT.~
ATTORNE¥_.eF~
BY:
City of Denton ICA 5
AUDITOR'S CERTIFICATE
I hereby certify funds will be available in the amount of SIXTY THOUSAND
AND NO/00 DOLLARS ($60,000.00), toward financing the Project to accomplish and
pay the obligation of~D~_enton County, Texas under this A~ement. I
City of Denton ICA 6
14:03 FROM:MITCHELL DTN CTY CLK 9403492013 T0:940 382 7923 PAGE:09
APPROVAL OF INTERLOC&L COOPERATION
The County of Denton, acting by and through the County Commissioners
Court, having been advised of a project to a Project for roadway pavemem
improvements to Long Road fi-om the district property linc to Stuart Road adjacent to
and severing the new Denton Athletic Facility/Advanced Career and Technology
Center located within Denton County, Texas, and within *,he City of Denton, under
an Interiocal Contract, herein gives it~ specific written approval of the project prior to
beginning the project in satisfaction of the req~tirements of ¥.T.C.A., OoVemment
Codc, Chapter 791. the lnterlocal Cooperation Act, Section 791.014.
Thc dcscriptinn of the type of project to be undertaken ~nd its location are as
follows: roadway pavement improvements to Long Road from the district property
line to Stuart Road adjacent to and severing the new Denton Athletic
Facility/Advanced Career ~nd Technology Center
The local govemmem ~vhich requested the project and with which the County
of Denton has contracted is the Denton Independent School District ("DISD"),
By vote on this date, the Commissioners Court has approved thc project
identified above nad authorized execution of this document by the presiding officer
on behalf of Danton County, Texas.
~~ounty
Commissioners Court
Project Approval Page I
DENTON COUNTY
COMMISSIONERS COURT
d ~. ~_~ .~_. 2004
Month Day Year
Court Order Number: t0 ~'(--~ 4q
THE ORDER:
Appro4al a) the Project for roadway pavement
improvements to Long Road from the district property line
to Stuart Road adjacent to and severing the new Denton
Athletic Facility/Advanced Career and Technology Center
and b) the Interlocal Cooperation Agreement between
Denton County~ Texas, and the Denton Independent School
District for roadway pavement improvements to Lon~,
Road.
Motion by ~~( ~untv,lndge
Mary Horn
Yes
Abstain
No
Absent
Seconded by ~
Commissioner Pet No I Yes -- Commissioner Pct No 2 Yes
Cynthia White Abstain __ Sandy Jacobs Abstain --
No No
Absent Absent
Commissioner Pct No 3 Yes Commissioner Pct No 4 Yes
Bobble J. lVlitchell Abstain Jim Carter Abstain
NOn ~"~ AbsentN° .--
Abse_t, . __
Motion Carried
Other Action: Pulled from Consent __ No Action Postponed __
'JUN-23'04 14:01 FROM:MITCHELL DTN CTY CLK 9403498813 T0:940 382 7983 PAGE:04
Exhibit A
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE DENTON INDEPENDENT SCItQO,L DISTRICT
AND DENTON COUNTM. TEXAS
THIS AGREEM]~NT is made and entcrcd by and'between Denton County, Texas,
a political subdivision of the State of Texas, hereinafter referred to as the "County," and
the Denton Independent School DisPel, n political subdivision located within Denton
County, Texas, duly organized and authorized under the laws of thc State of Texas,
hereinafter referred to as the
WITNESSETH that Denton County end DISD propose to make roadway
pavement improvements on Long Ro~d f~om thc district properW li~le to Slunrt Road
adjacent to and serving the new Denton Athletic Fa-,ilit),/Advanced Car~er and
TechnololD' Center, hereinafter referred to as the "Pwject."
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 DISD is a duly organized political subdivision in Denton County, '
Texas, engaged in the educational function and related services for the benefit of thc
citizens of thc area serviced by the DISD; and
WHEREAS, the Count,/ and the DISD mutually desire to be subject to the'
provisions of V.T.C.A. Government Code., Chapter 791, the lnterlocal Cooperation Act;
which provides authorization for a~y local government to contract with one or more local
Interloeal Cooperation Agreement
Denton lSD
Page 1
PROPERTY OF DENTON COUNT
'IUN-23'~4 14:01 FROM:MItCHELL DTN CTY CLK 9483498013 T0:940 388 7983 PAGE:OS
govcrnmants to perform govermnental f~nctions and services under the terms of the Act;
and
WHEREAS, a portion of the contemplated roadwork may be within the City of
Denton city limits, and that thch"cnnsent will be necessary.
NOW, THEREFORE, the County and thc DISD, for the mutual consideration
hcreinal~er stated, agree and understand as follows:
L
This A~reement becomes effective when signed by the last party whose sil~ning
makes this Agreement fully executed and upon the execution of an ICA with thc City of
Denton granting consent to the roadwork to the extent that any of the roadwork-falls'
within their city limits. This Agreement may be terminated at any time by either party
giving thirty (30) days advance notice in writing to ~hc other party.
The DISD and the County hereby agree that the scope of thc Project shall be
limited to roadway pavement impi'ovements on Long Road fi.om the district property linc
to Stuart Road adjacant to and serving the new Denton Athletic Facility/Advanced Cazccr
and Technology Center, costs for which i~c currently cstimatcd to be approximately
$90,000,00.
m.
Cotmty a~ecs to Con~bute fi.om current funds for thc Project an amount not to
exceed SIXTY THOUSAND AND NO/00 DOLLARS ($60,000.00) for its co~mpletlon.
Count~ shall make payment for Project from the Better, Safer Roads Program directly to
the Cont~ector who performs this work. The County's payments to thc Con~'actor shall
be made within thirty (30) business days of receiving an invoice and a~er thc County has
Imerlocal Coope~don Agreement
D~nton lSD
Page 2
PROPERTY OF DENTON COUNi
'~UN-83'~4 14:08 FROM:MItCHELL DTN CTY CLK 940349L:~13 T0:940 382 7923 PAGE:06
vcrificd that the work invoiced was completed and meets County standards and standards
of thc Conlt~etor's Contract.
The DISD will assume responsibility for all costs exceeding the $60,000,00
con~butcd by thc C?unty, oversee the construction of the Project and administer the
timely payment of labor and materials for the Project. DISD will be responsible to ensure
that the Contractor provides proper statutory payment and performance bonds, naming the
County and DISD on the bonds. The DISD shall acquire any needed right-of-way, reudn
the engineering services requi~ed, and obtain all necessary permits or clearances for the
Project. DISD will be responsible to carefully follow ail laws applicable to government
con,'acting under Texas Law. Before issuing specifications for bidding, DISD will obtain
the approval of the County Engineering Department that these specifications relating to
Construction of the mad meet the County standmrds.
DISD understands and agrees that the DISD, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agent
and/or representatives or the County,
Vl.
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 represan~afives or the D1SD.
VH.
This agreement is not intended to ex, end the liability of the parties beyond that
provided by law. Neither thc County nor the DISD waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it against claims
made by third pet*Lies.
lnterlocn) Cooperation Agreemen!
Denton ISD
Page 3
PROPERTY OF DENTON
~UN-25~4 14:02 FROM:MITCHELL DTN CTY CLK g40~49201~ T0:940 ~82 792~ PAGE:07
This agreement represents the entire agreement bctwee~ the County and the DISD
and supersedes all prior negotiations, reprcsentations and/or agreements, either written or
oral. This agreement may he amended only by written instrument signed by the
govcming bodies of both the County and the DISD or those authorized to sign on behaff
of those govcming bodies.
The validity of this agreement and of any of its terms or provisions, as wall as the
rights and duties of the parties hereto, shall bc f~overncd by thc laws of the State of Texas.
Further, this agreement shall be performable in Denton County, Texas.
X+
In thc event that any portion of this agccmcnt shall ba found to be contrary to
law, it is the httent of thc parties hereto that the remaining portions she. Il remain valid and
in full force and effect ~o the extent possible.
XL
The undersigned officer and/or agents of thc parties hereto are the properly
anthorizcd officials and have the necessary authority to execute this agreement on behalf
of the parties hereto, and each part~/hereby certifies to the other that any necessary
resolutions extending sa!c~ authority have been duly passed and arc now in full force and
affect.
Pursuant to V.T.C.A., Oovernment Code Section 791.011, the parties hereto agree
that the purpose of this Agreement is to ensure that car, nih governmental functions and
services in the area of streets, rends and drainasc are performed. The parties hereto
Interiacal Cooperation Agreement
Denton lSD
Pa~e4
PROPERTY OF DENTON 'COUNTY
further agree that each of them is authorized to perform the functions and services
individually.
EXECUTED in duplicate originals this, the 22nd day of
June ,2004.
COUNTY
Denton County, Texas
110 West Hickory
Denton County Judge
DISD
Denton Independent School District
1307 N. Locust Street
Denton, Texas, 76202
Jean B. $chaake
_Board of Trustees President
Denton Independent School District
Acting on behalf and by the authority of the Acting on behalf and by the authority of the
Commissioners Court of Denton County, Denton Independent School District,
Texas Denton County, Texas
ATT
~ hereby c~trfy that ~ds ~e a¥~la~e:~i'~'~;unt of $60.000.00 to accomphsh
and pay the obligation o~Denton County under this con~act/funding to come from the
Better, Safer, Bond Fun.~ds Precinct #1Diseretionary
_ _- ~4/~2 -- _. C6~ntyAuditor
lnteflocal Cooperation Agreement
Denton ISD
Page 5