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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 City of Denton ICA FM 2181 at South Branch Library Intersection Improvements Page 1 of 8 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. City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page ~ of 8 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 City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 3 of 8 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. City of Denton ICA - FM 2 t S 1 at South Branch Library Intersection Improvements Page 4 of 8 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 City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 5 of 8 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 City of Denton ICA - FM 2181 at South Branch Library Intersection Improvements Page 6 of 8 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. 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