2002-038OP, mNANCE NO. XO0 -
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 ROAD IMPROVEMENTS TO HICKORY CREEK ROAD; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVDING 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 Interlocal Cooperation Agreement
between the City of Denton, Texas and Denton County, Texas for road improvements to
Hickory Creek Road, substantially in accordance with the Interlocal Cooperation
Agreement which is attached hereto and incorporated by reference herein.
SECTION 2. The expenditure of funds as set forth in the Interlocal Cooperation
Agreement is hereby authorized.
SECTION 3. This
passage and approval.
PASSED AND APPROVED this the ~'~--~'t
ordinance shall become effective immediately upon its
day of ~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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APPRO.VAL OF INTERLOCAL COOPERATION AGREEMENT
PROIECT
The County of Denton, acting by and through its County
Commissioners Court, having been advised of a project requiring road
improvements of to Hickory Creek Road, under an Interlocal Contract,
herein gives its specific written approval of the project prior to beginning
the project in satisfaction of tile requirements of V.T.C.A., Government
Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its
location are as follows: road improvements of to Hickory Creek Road.
The local government which requested the project and with which
Denton County has contracted is the City of Denton.
By vote on this date, tile Cormnissioners Court has approved the
project identified above and authorized execution of this document by the
presiding officer on behalf of Denton County, Texas.
Project Approval Page I
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THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT FOR
ROAD IMPROVEMENTS TO HICKORY CREEK 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 corporate and political body
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 Hickory Creek Road, 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 and City's road
systems; and
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WHEREAS, City and County mutually desire to be subject to the
provisions of V.T.C.A., Government Code, Chapter 791, the Interlocal
Cooperation Act; and
WHEREAS, City desires the participation of County in the Project as
authorized by V.T.C.A., Transportation Code, Section 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 Hickory Creek Road,
as described on Exhibit "A'.
III.
Pursuant to V.T.C.A., Government Code Section 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.
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IV.
As required by V.T.C.A., Transportation Code Section 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 not to
exceed ONE MILLION, FIVE HUNDRED THOUSAND AND 00/100
($1,500,000.00), for the project.
In performance of this Agreement, the CITY will be responsible for hiring
the engineering firm for the Project. Additionally, the CITY agrees that all funds
remaining after the procurement of engineering services will be committed to the
construction for the Project and procurement of Right of Way.
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 of the expenditure of City
money to participate in or to fund an amount of at least SEVEN HUNDRED
FIFTY THOUSAND AND 00/100 ($750,000.00) for the project.
VII.
As City proceeds in the completion of the Project, it shall submit
invoices on a monthly basis for reimbursement ONE MILLION, FIVE
HUNDRED THOUSAND AND 00/100 ($1,500,000.00), unless otherwise
authorized by the governing body of Denton County, to the Denton County
Finance Department, and the County shall reimburse City for all expenditures
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related to the Project within Thirty (30) days of receipt of these invoices.
Attached to this Contract is a certification by the Assistant City Manager of
Finance that the City shall include the sum of at least SEVEN HUNDRED FIFTY
THOUSAND AND 00/100 ($750,000.00), in its budget and that this amount shall
be itemized, set aside and approved by the City Council to be expended for the
Project.
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 County, County
shall reimburse City for all invoices submitted up to and including the date of
termination. Notices shall be directed as follows:
ForCity:
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. McKinney Street
Denton, Texas 76201
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For Counfy:
Hon. Scott Armey
Denton County Judge
110 East Hickory
Denton, Texas 76201
Copy to:
District Attorney's Office/Civil Division
1450 East McKirmey
P.O. Box 2850
Denton, Texas 76201
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.
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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
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
CITY
The City of DENTON, Texas
215 E. McKinney Street
Denton, Texas 76201
By:
Denton County Judge
Acting on behalf of and by
authority of the Commissioners
C o u r t o~D.,e~o~n(~).u, nty,Date: Texas
Hon. Euline Brock
The Mayor for the City of Denton
Acting on behalf of and by
authority of the City Council of
Denton, Texas,
/
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By:
Cym~a Mi~chell, Coun~ Cle~
Attest:
Approved as to form:
Assl'stant District Attorney
Approved as to form:
Herbert L. Prouty
City Attorney
AUDITOR'S CERTIFICATE
I hereby certify funds will be available in the amount of at least SEVEN
HUNDRED FIFTY THOUSAND AND 00/100 ($750,000.00), will be committed to
engineering and design and the remainder will be applied towards right-of-way
acquisition, utility relocation and construction, toward financing the Project to
accomplish and pay the obligation of City of Denton, Texas under this
Agreement.
Municipal Services
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EXHIBIT A