2010-091s:lour documentslordinancesll~ldenton county Interlocal agreement-intersection improvements.dac
oRDINANCE NO. 201 ~-~91
AN ORDINANCE OF THE CITY OF DENTON, TEAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY 4F DENTON, TEAS AND
DENTON COUNTY, TEAS FOR PUBLIC ACCESS IMPROVEMENTS BENEFITTING
THE SOUTH BRANCH LIBRARY, FIRE STATION N0.6 AND DENTON INDEPENDENT
SCHOOL DISTRICT ~DISD} HOUSTON ELEMENTARY WITHIN THE MUNICIPAL
LIMITS OF THE CITY AND DENTON COUNTY PRECINCT #1; 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 public
access improvements within a public right-of way and easement for public access, located at the
intersection of FM 2181 and the City of Denton South Branch Library, substantially in
accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated
herein by reference the "Agreement"}, The Mayor, or his designee, is authorized to execute the
Agreement on behalf of the City. The Mayor, 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 10.
MARK A. BU HS, A OR
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
By:
APPROVED AS T~...LEGAL FO~UI,
ANITA BURGESS, CITY ATTORNEY
-
Y
THE STATE qF TEXAS §
COUNTY qF DENTgN §
INTERLgCAL CggPERATIUN AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTIN, TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton
County, Texas, a duly organized political subdivision of the State of Texas, engaged in the
administration of county government and related services for the citizens of Denton County,
Texas, hereina~er "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, engaged in the administration
of municipal government and related services for the citizens of the City of Denton, Texas,
hereinafter "the City." The County and the City are collectively referred to herein as "the
Parties.
WHEREAS, the County and the City mutually desire to enter into this Agreement
whereby the City agrees to perform construction of driveway widening and public access
improvements on public right-of~way and a certain perpetual and nonexclusive easement
granted, in part, to the City, pursuant to the terms and restrictions of an Easement Agreement
recorded at document number 93-R005836$ of the Real Property Records of Denton County,
Texas thereinafter, the "Easement"}, for the public purposes specified therein, which
improvements are generally located at the intersection of FM 21$1 and the City of Denton South
Branch Library, within the municipal limits of the City and Denton County Commissioner
Precinct #1, in accordance with the plans to be prepared by City of Denton Utility and C1P
Engineering staff, generally as depicted on the attached Exhibit 1, hereinafter "the Project;" and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
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 the County and the
City herby mutually agree to be subj ect to the provisions of the Act; and;
WHEREAS, the County and the City value the timely completion of the Project which
involves access to a road which is an integral part of the County's road system and the Parties are
undertaking the Proj ect to improve safe access on this improved roadway; and
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New, THEREFORE, this Agreement is hereby made and entered into by the County
and the City upon and for the mutual consideration stated herein:
wITNESSETH:
I.
Pursuant to Texas Government Code §791,011, the County and the City hereby enter
into this Agreement in order to perform certain governmental functions and services in the area
of streets, roads and drainage, The purpose of this Agreement is to provide a governmental
function or service that each party is authorized to perform individually,
II.
The County and the City hereby agree that the scope of the Project shall be limited to
construction of driveway widening and public access improvements on public right-of-way and
the aforementioned Easement, located at the intersection of FM 2181 and the City of Denton
South Branch Library within the municipal limits of the City and Denton County Commissioner
Precinct #1 at a total cost which shall not exceed FIFTY FINE THaUSAND AND NDIl00
DOLLARS x$55,000.00}, hereinafter "the cost of the Project,"
III.
The County hereby agrees to contribute an amount which shall not exceed FIFTY FIDE
THGUSAND ,AND NCI100 DOLLARS x$55,000.00} toward satisfactory completion of the
Project, provided that any and all funding is approved by formal action of the Denton County
Commissioners Court.
IV.
This exchange of in-kind services is deemed adequate consideration for the obligations
exchanged by the Parties herein.
V,
The City agrees to secure a contract for the construction of the Project and to oversee any
necessary engineering which may be required for satisfactory completion of the Project. In
addition, the City will provide all project inspections and approve all payments as construction ~
invoices are received.
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1' 1~
As required by Texas Transportation Code §251. 12 and as evidenced by the signature of
the City's representative below, the governing body of the City by the execution of and approval
of this Agreement hereby approves of the expenditure of County money to finance the
construction, improvement, maintenance or repair of the drive constructed within the specified
Easement, located in the County and in the City.
VII,
Payment to the City is due upon execution of the contract. In the event of any change
order that would add additional casts to the Project, the City shall obtain prior approval from the
governing body of the County before any change order is authorized. In the absence of prior
consent from the governing body of the County, the City shall be responsible for all additional
costs related to change orders, 7n the event that additional work must be conducted in the
interest of preserving public health, safety or welfare, the City shall be authorized to proceed
with the work on a time and materials basis and shall immediately notify the County of its intent
to do same. ~n this instance, the County will grant formal approval of the necessary change order
upon presentation of written justification for same from the City.
VIII.
Upon satisfactory completion of the Project, the County and the City shall prepare and
complete a full audit of the Project. Based on the results of the audit, the City will be made
whale far any costs incurred by the City that are above the estimated cost of the Project, or the
City will reimburse the County for any sums below the estimated cost of the Project which are
not expended on the Proj ect,
Ix,
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 effective 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 ~30j calendar days to cure the
failure; and ~3} an opportunity for consultation with the terminating party prior to termination. ~n
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I
I
the event of termination by the County, the County shall pay ail approved invoices submitted up
to and including the date of termination,
X.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes ail prior negotiations, representations andlor agreements, either oral or
written. This Agreement may be amended only by written instrument signed by both of the
Parties. 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: Mr. 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, 2nd Floor
Denton, Texas 76201
Copy To: Denton County Criminal District Attorney's Office
Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
XI.
The covenants, terms and conditions herein are to be construed under the laws of the
State of Texas and are performable by the Parties in Denton County, Texas. The Parties
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas.
III,
The County agrees and understands that the County, its employees, servants, agents
andlor representatives shall at no time represent themselves to be employees, servants, agents
andlor representatives of the City.
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xIII.
The City agrees and understands that the City, its employees, servants, agents andlor
representatives shall at no time represent themselves to be employees, servants, agents andlor
representatives of the County,
xIV.
The County agrees to accept full responsibility for the acts, negligence andlor omissions
of all County employees, agents, subcontractors andlor contract laborers and for all other persons
doing work under a contract or agreement with the County.
XV.
The City agrees to accept full responsibility for the acts, negligence andlor omissions of
all City employees, agents, subcontractors andlor contract laborers and for all other persons
doing work under a contract or agreement with the City.
xVI.
This Agreement is not intended to extend the liability of the Parties beyond that provided
for 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.
xVII.
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 fullest extent possible.
xVIII.
The undersigned officers andlor 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.
xIx.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed and the term of this Agreement is for the life of the
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Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
L -
Executed in triplicate originals this day of , 2010.
DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
110 West Hickory, 2°d Floor 215 E. McKinney
Denton, Te s 6201 Denton, Texas 76201
By: B '
Honorable Mary. Ho Honorable ark urr g a
Denton County Judg Mayor of the City of enton, exas
1
Acting by and on behalf of the authority of Acting by and on behalf of the authority ;
The Denton County Commissioners Court of the City of Denton
ATTEST: O ATTEST.
cc e _ •
i1•
B = By: (AV
d
Den n Co U t 1 P':,• ~a` City cretary
O J
s0voz)
APPROVED AS TO FORM: APP . •0' ED AS TO FORM:
By: - y'
Assist D' trict Attorney ice= fey
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COUNTY AUDITOR'S CERTIFICATE
I hereby certify funds are available to accomp ish and pay the obligation of Denton
County, Texas, under this Agreement.
t/It" n County Auditor
god ~ P- f ~ O)Vb f
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project at a total cost which shall not exceed FIFTY FIVE
THOUSAND AND NO/100 DOLLARS ($55,000.00), which shall be paid to the City of Denton,
Texas, by Denton County, Texas, herein gives its specific written approval to the Project prior to
beginning the Project in satisfaction of Texas Government Code Chapter §791.014.
The description of the Project to be undertaken and its location are as follows: Driveway
widening and public access improvements on public right-of-way and a specified perpetual
Easement to allow access to public facilities, generally located at the intersection of FM 2181
and the City of Denton South Branch Library, within the municipal limits of the City and Denton
County Commissioner Precinct #1.
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 has approved the
project identified above and authorized execution of this document by the presiding officer of the
Denton County Commissioners Court.
Date:
By:
Presiding Officer of the q6~'ton
County Commissioners C urt
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