2003-237ORDINANCE NO. OOS- 37
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS
FOR THE TEXAS DEPARTMENT OF TRANSPORTATION OFF SYSTEM-BRIDGE
REPLACEMENT PROGRAM; 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 Tern, is hereby
authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement
between the City of Denton, Texas and Denton County, Texas for the Texas Department
of Transportation Off-System Bridge Replacement Program, a copy of which is attached
hereto and incorporated by reference herein by reference (the "Interlocal Cooperation
Agreement").
SECTION 2. Any expenditure of funds as set forth in the Interlocal Cooperation
Agreement is hereby authorized.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the §Y~ day of 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
AP OVE AS TO LEGAL FORM:
HERBERT L. P TY, CITY ATTORNEY
By:
SdOur Documents\Ordinances\03Unterlocal Agrmt-Off Bridge Replacements-Denton County.doc
APPROVAL OF PROTECT UNDER
INTERLOCAL COOPERATION AGREEMENT
The COUNTY OF DENTON, acting by and through its County
Commissioners Court, having been advised of a project requiring
construction of street and bridge improvements for Mayhill Road at Pecan
Creek under an Interlocal Cooperation Agreement, herein gives its specific
written approval of the project prior to beginning the project in satisfaction of
the requirements of Texas Government Code §791.014.
The description of the type of project to be undertaken and its location
are as follows:
Construction of a 175-foot long concrete pre-cast bridge
structure on Mayhill Road over Pecan Creek, and including box
culvert and storm drain improvements along Mayhill Road
between McKinney Street and Morse Street to remove the traveled
roadway from the Pecan Creek floodplain and improve local
drainage conditions (hereinafter called the "Project".)
The local government which requested the project and with which the
County of Denton has contracted is the City of Denton, Texas.
By vote on this date, the Commissioners Court has approved the
project identified above and authorized execution of this document by the
presiding officer on behalf of Denton County, Texas.
By:
Presiding Officer of the Denton
County Commissioners Court
Project Approval Page I
&Z 16 IAIII&
INTERLOCAL COOPERATION AGREEMENT
This Agreement is entered into by and between the County of Denton, Texas,
hereinafter called "County" and the City of Denton, Texas, hereinafter called "City".
WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of
the state to enter into contracts for governmental functions and services to increase their
efficiency and effectiveness; and
WHEREAS, such a consolidated effort in the construction and management of street
and bridge improvements within the jurisdictions of the City and County, are in each party's
best interest and that of the public and this Agreement will increase the effective and efficient
functioning of each party and
WHEREAS, the County and the City are local governments as defined in the Texas
Government Code, Section 791.003(4), have the authority to enter into this Agreement, and
have each entered into this Agreement by the action of its governing body in the appropriate
manner prescribed by law; and
WHEREAS, the County and the City specify that each party paying for the
performance of said functions of government shall make those payments from current
revenues available to the paying party;
NOW THEREFORE, in consideration of the premises, and of the terms, provisions,
and mutual promises herein contained which fairly compensate the performing party, it is
mutually agreed as follows:
1. TERM AND EFFECTIVE DATE
The term of this agreement shall commence as of the Effective Date and shall remain in full
force and effect until all matters related to the Project and State Program have been
completed.
2. PURPOSE
The purpose of this Agreement is to establish the rights and responsibilities of the City and
County for the construction of street and bridge improvements for Mayhill Road at Pecan
Creek which bridge improvements are described as follows:
Construction of a 175-foot long concrete precast bridge structure on Mayhill Road
over Pecan Creek, and including box culvert and storm drain improvements along Mayhill
Road between McKinney Street and Morse Street to remove the traveled roadway from the
Pecan Creek floodplain and improve local drainage conditions (hereinafter called the
"Project"). The Project is located within the jurisdiction of the City and County. The Project
qualifies as an Equivalent Match Project ("EMP") under the Texas Department of
Transportation ("TXDof') Off=System Bridge Program as authorized by Sections 15.52 and
15.55 of the Texas Administrative Code (the "State Program").
3. CITY RESPONSIBILITIES
A. The City shall be the Program Manager on behalf of County and City for the State
Program, and as such, provide such other services for the Project and Qualifying Projects as
may be required by TxDot to comply with requirements of the State Program from time to
time.
B. The City shall construct or cause to be constructed all improvements associated with
the Project.
C. The City shall pay all costs of construction for the Project. The estimated cost of
construction which qualifies under State Program is $1,358,000.00.
D. The City shall provide assistance for the Project by making timely application for
funds available to City and County under the State Program for qualified City and County
projects
E. City shall promptly notify County of any notices or requirements that pertain to the
County or require County to famish information to comply with State Program.
F. The City shall have sole authority and responsibility for management of City's
qualifying projects under the State Program funded through this Agreement.
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G. City shall pay all costs excluded from the State Program, including utilities
relocations, acquisition of right-of-way or easements, and any other costs, for projects located
within the City.
4. COUNTY RESPONSIBILITIES
A. The County shall furnish to City all information pertaining to County's "Qualifying
Projects" that is required for City to make application for matching funds for County's
Qualified Projects under the State Program.
B. County shall furnish information pertaining to County's Qualifying projects to City in a
timely manner when requested by City to comply with State Program requirements.
C. The County shall provide technical and or administrative support services when
requested to do so by City to comply with State Program requirements as may be required
from time to time.
D. The County shall have sole authority and responsibility for management of County's
qualifying projects under the State program funded through this Agreement.
E. County shall pay all costs excluded from the State Program, including utilities
relocations, acquisition of right-of-way or easements, and any other costs, for projects located
within the County.
5. THE STATE PROGRAM
Under the State Program, the Texas Department of Transportation hereinafter called
"TxDof' allows for a waiver of the normal 10% local participation for certain qualifying
projects by offsetting dollar for dollar the monies spent by the local government for a EMP.
The City currently has five projects ("City Qualifying Projects") that qualify under the State
Program as follows:
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Bridge Replacement-Mayhill Road at Cooper Creek
Estimated Cost: $239,182
10-percent EMP Match: $23,918
Bridge Replacement-Bonnie Brae Street at Roark Branch Hickory Creek
Estimated Cost: $190,674
10-percent EMP Match: $19,067
Bridge Replacement-Frame Street at Pecan Creek
Estimated Cost: $224,630
10-percent EMP Match: $22,463
Bridge Replacement- Bonnie Brae Street at Hickory Creek
Estimated Cost: $418,662
10-percent EMP Match: $41,866
Bridge Replacement- Bonnie Brae Street at Dry Fork Hickory Creek
Estimated Cost: $292,541
10-percent EMP Match: $29,254
The County currently has the following projects that qualify under the State Program
("County Qualifying Projects"):
Bridge Replacement- Sam Bass Road at Clear Creek
Bridge Replacement-John Paine Road at Roark Branch
Bridge Replacement-Nicholson Road at Clear Creek
Bridge Replacement-Indian Trail Road at Behnke Branch
Bridge Replacement-Friendship Road at Pecan Creek
Bridge Replacement-Huling Road at Pond Creek
Bridge Replacement-Pruett Road at Carson Creek
Bridge Replacement-Reik Road at South Hickory Creek
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The City and County agree that all actual costs for the Project which are currently
estimated to be $1,358,000 will be first used to apply against the City's 10% EMP Match for
the City's Qualifying Projects under the State Program. The remaining costs for the Project
will be used by the County to apply against the County's 10% EMP Match for the County's
Qualifying Projects.
6. INDEPENDENT CONTRACTOR RELATIONSHIP
Nothing herein contained shall be construed as creating the relationship of employer and
employee between the parties.
7. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be
illegal, invalid, or unenforceable, the remainder of this agreement will not be affected, and in
lieu of each provision which is found to be illegal, invalid, or unenforceable, there will be
added as part of this agreement a provision as similar to such illegal, invalid, or
unenforceable provision as may be possible and be legal, valid, and enforceable.
8. LIABILITY
This Agreement is made for the express purpose of providing services, which both parties
recognize to be a governmental function. Except as hereinafter provided neither party
assumes any lability beyond that provided by law. This Agreement is not intended to create
any cause of action for the benefit of third parties.
9. COMPLETE AGREEMENT.
This Agreement supersedes any prior agreement between me parties hereto related to the
Project and constitutes and expresses the whole agreement of the parties hereto. This
Agreement shall be effective on its date of execution (the `Effective Date").
10. AUTHORIZED OFFICIALS
The undersigned officer 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
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hereto, and each party certifies to the other that any necessary resolutions or ordinances were
passed by their respective governing bodies authorizing this Agreement.
11. NOTICES
Any notice given by one party to the other in connection with this Agreement shall be
in writing and shall be by personal delivery; or shall be sent by registered mail or certified
mail; or shall be sent by U.S. Mail, return receipt request, postage prepaid; or by facsimile to:
CITY: City Manager
City of Denton
215 East McKinney Street
Denton, Texas 76201
Fax No. 940.349.8596
COUNTY: Denton County Judge
Denton County Courts Building
1450 E. McKinney
Denton, Texas 7620
Signed to be effective as of the day of 12003
CITY OF DENTON, TEXAS
BY: ~G &C'L
Euline Brock, Mayor
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:I ~Y/i97/Z! rID . _ l/~1~I yAY GQ
APPROVED AS TO FORM
HERBERT L. P&O~~Y. CYVY ATTORNEY
BY:
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DENTON COUNTY, TEXAS
BY:
Mary Horn, Co ty Judge
ATTEST:
APPROVED AS TO FORM:
DISTRICT ATTORNEY
BY
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