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2002-165O INANCE NO. 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 REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER U.S. HIGHWAY 377; 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 replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, 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 ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~j~,- , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1/ EIb/AS TO LEGAL FORM: THE STATE OF TEXAS COUNTY OF DENTON ) ) ) INTERLOCAL COOPERATION AGREEMENT FOR REPLACEMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER'U.S. HIGHWAY 377 (FORT WORTH DRIVE) 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 design and construction components for the replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, hereinafter referred to as the "Project." WHEREAS, the 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; and 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 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; Cit~' of Denton ICA 1 NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: I. The term of this Agreement shall commence upon execution by ali. 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: Replacement of the Union Pacific Railroad Bridge over U.S. Highway 377. 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 certaih governmental functions and services in the area of railroad bridge, 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 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 the County, 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 NINE HUNDRED THIRTY THOUSAND AND 00/100 (S930,000.00), for the project. V. In performance of this Agreement, the City will be responsible for hiring the engineering firm for the Project. Additionally, the City agrees that ail funds remaining after the procurement of engineering services will be committed to the construction of the Project and/or procurement of right-of-way. City of Denton ICA 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 not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 ($930,000.00), for the project.. VII. As the City proceeds in the completion of the Project, iL shall submit invoices on a monthly basis for reimbursement of an:amount not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 ($930,000.00), unless otherwise authorized by the governing body of the Denton County, to the Denton County Auditor, 401 W. Hickory, Suite 423, Denton, Texas 76201, and the County shall reimburse the City for ail expenditures related to the Project within Thirty (30) days of receipt of these invoices. Attached to this Agreement is a certification by the County Auditor that the County shall include the sum not to exceed NINE HUNDRED THIRTY THOUSAND AND 00/100 ($930,000.00), 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. 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 tt-krough 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 brth 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 the City of Denton ICA City for alt invoices submitted up to and including the date of termination. Notices shall be directed as follows: For City: Hon. Euline Brock The City of Denton Mayor 215 E. McKirmey Street Denton, Texas 76201 Copy To: Michael Conduff, City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 For County: Hon. Mary Horn Denton Count), Judge 110 East Hickory Denton, Texas 76201 Copy to: District Attorney's Office/Civil Division 1450 East McKinney 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 ali parties in Denton County, Texas. The parties mutually agree that venue for an,,,' obligation arising from this Agreement shall lie in Denton County, Texas. X. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the term~,'.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. City of Denton ICA 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 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 CITY Denton County, Texas 110 West Hickory Denton, Texas 76201 Denton County Judge Acting on behalf of and by authority of the Commissioners Court of Denton County, Texas Date: //~ 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, T~xas Date: ~b/0~Z/(~ ~ / Ciiy of Denton ICA 5 C Approved as to form: Assistant District Attorney / Attest: Jem~ W~ters, City Secretary Appr~~/.. He~ M' C~ty Attom~V AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount nor to exceed ~'iNid 14'L:C~Di-izD 'll iil~l'~ I'Ii,;USA2~D ~ND.,;?/l,~u, ,, 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. Kathy DuBose, Assistan{ City Manager of Fiscal & Municipal Services Ci{y of Denton ICA AUDITORS CERTIFICATE I hereby certify that funds are available in the amount of NINE HUNDRED THIRTY THOUSAND and NO\100 ($930,000,.00) to accomplish and pay the obligation of Denton County under this contra~t. J~/rn~s Wells, Denton Co~n'~f~/Auditor APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The County of Denton, acting by and through its County Commissioners Court, having been advised of a project requiring replacement of the railroad bridge over U.S. Highway 377, under an Interlocal Contract, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the 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: replacement of the Union Pacific Railroad Bridge over U.S. Highway 377, located within the City of Denton. The local government which requested the project and with which Denton County has contracted is the City of Denton. 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. Presiding officerC/of' tile- Denton County Commissioners Court Project Approval Page I