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
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)
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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