2003-124ORDINANCE NO. ~7~1~7~-/o~ ¢
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN 1NTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS
FOR ROAD IMPROVEMENTS FOR A BRIDGE BYPASS ON LOOP 288 NORTH OF
COLORADO; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 Interloeal Cooperation Agreement
between the City of Denton, Texas and Denton County, Texas for road improvements for
a bridge bypass on Loop 288 north of Colorado, substantially in accordance with the
Intedocal Cooperation Agreement which is attached hereto and incorporated by reference
herein (the "Intedocal Cooperation Agreement").
SECTION 2. The expenditure of funds as set forth in the Interlocal Cooperation
Agreement is hereby authorized.
SECTION 3.
passage and approval.
PASSED AND APPROVED this the
This ord'mance shall become effective immediately upon its
/~ ~ day of ~ , 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~ ~;~"AS T~LEGAL FORM:
',.BE~fORNEY
By:
C:~Doeuments and SetfingsX, lnterlocal Agrmt-Loop 288 by-pass-Denton Couniy.doc
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT FOR
ROAD IMPROVEMENTS TO LOOP 288
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 purposes of the completion of certain road
improvements to Loop 288, as described on Exhibit "A,' hereinafter referred to
as the "Project."
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 Interlocal 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;
NOW, THEREFORE, it is mutually agreed by the parties hereto as
follows:
I.
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 LOOP 288 as
described on Exhibit "A".
III.
Pursuant to Texas Government Code §79i.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.
IV.
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 of the expenditure of
County money to participate in or to fund an amount of TWO HUNDRED
THOUSAND AND 00/100 ($200,000.00), for the Project.
City of Denton ICA 2
In performance of this Agreement, the CITY will be responsible for hiring
the engineering firm for the Project, letting and construction of the Project.
Additionally, the CITY agrees that all funds remaining after the procurement of
engineering services will be committed to the construction of the Project.
VI.
In performance of this Agreement, the City 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 o£ the expenditure of City
money to participate in or to fund an amount not to exceed TWO HUNDRED
THOUSAND AND 00/100 ($200,000.00), for the Project.
VII.
As City proceeds in the completion of the Project, it shall submit invoices
on a monthly basis for reimbursement of the County's TWO HUNDRED
THOUSAND AND 00/100 ($200,000.00), unless otherwise authorized by the
governing body of the County, to the County Auditor's Office, Attention:
Accounts Payable, Carroll Building, 401 West Hickory, Suite 423, Denton, Texas
76201, and the County shall reimburse the City for all expenditures related to 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 sum not to exceed TWO HUNDRED THOUSAND AND 00/100
($200,000.00), 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.
City of Denton ICA 3
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: (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. 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
Michael Conduff, City Manager
City of Denton
215 E. McKirmey 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
1450 East McKinney, Suite 3100
P.O. Box 2850
Denton, Texas 76202
City of Denton ICA 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 waive, 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
City of Denton ICA 5
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 duplicate originals.
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas 76201
By:
Hon. Mary ~orn
Denton County Judge
Acting on behalf of and by
authority of the Commissioners
Court of Denton County, Texas
Date: ~--'- (,~ - 0.3
CITY
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
Denton, Texas
Date:
Attest:
Cyn~a Mi~chell, County CleI(k~
Attest:
Ci~ecretJry
City of Denton ICA 6
Approved as to form:
Assistant District Attorney
Approved
City Attorney
AUDITOR'S CERTIFICATE
I hereby certify funds will be available in the amount of TWO HUNDRED
THOUSAND AND 00/100 ($200,000.00), toward financing the Project to
accomplish and pay the obligation of Denton County, Texas under this
Agreement. ~U_~-/~a'~ ~/t~j~f'~-]O /~t~(,/~p~."~ t.//~)/J'~/~7~
~es ~ells, C;un~ty ~ditor/ '
City of Denton ICA 7
"EXHIBIT A'
The Loop 288 East Project is an urban arterial. This will be designed to be
a major freeway around the City of Denton. This project consists of constructing
a bridge bypass at a location north of the intersection of Loop 288 and Colorado.
City of Denton ICA 8