2001-097 O IN CE NO 00/- (7q'7
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH DENTON COUNTY FOR ROAD IMPROVEMENTS, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION 1 That the Mayor is hereby authorized to execute an Inteflocal Agreement
w~th Denton County ~n substantially the same form as the one attached hereto and ~ncorporated
by reference here~n for road ~mprovements
SECTION 2 That the C~ty Manager ~s authonzed to expend funds pursuant to the
agreement for the purchase of various goods and services
SECTION 3 That th~s ordinance shall become effectwe immediately upon tts passage
and approval
PASSED AND APPROVED thru the ~'~q. day of ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT FOR
ROAD IMPROVEMENTS BETWEEN THE
CITY OF DENTON AND DENTON COUNTYf 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 FM 2181, hereinafter referred to as the "ProJect"
WHEREAS, County has provided funding for several road projects within
the hrmts of the City through and as part of the January 1999 Better Safer Roads
Bond Program,
WHEREAS, City and County value the early complehon 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 V TCA, Government Code, Chapter 791, the Interlocal
Cooperation Act, and
City of Denton ICA 1
WHEREAS, City desires the parhctpahon of County in the Project as
authorized by V T C A, Transportahon 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 FM 2181, including
but not hrmted to engineering, design, right-of-way acquisition, utility relocation,
and construction of improvements all within the municipal boundaries of the
City
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 m 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 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
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exceed ONE MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS
($1, 600,000), will be committed to preparing an environmental assessment,
schematic drawings, engineering plans and designs for that portion of the Project
which is located between Lilhan Miller Road and Hickory Creek Road ("The
Sectmn") The remainder of the County's committed funds will be applied
towards right-of-way acquisition, utility relocation and construction, of The
Section
V
In performance of this Agreement, the COUNTY will be responsible for
hiring the engineering firm for the environmental assessment and the Plans
Specifications and Estimates All costs incurred in procuring those services will
be paid by the County
VI
In performance of th~s Agreement, the City agrees to assume
responsibility for securing all necessary right-of-way, acquisition, utility
relocataon and construction, related to the Section City further agrees that it
shall be solely responsible for payment of all expenses related to completion of
the Prolect City shall seek reimbursement for expenses related to the completion
of the Project from County as set forth below The City agrees to pay FOUR
HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,00000) to
reimburse the County for costs incurred in procuring the environmental
assessment, schematic drawings, engineering plans and designs for The Section
VII
As City proceeds in the completion of the Project, it shall submit invoices
on a monthly basis for reimbursement to the Denton County Auditor, at 401
City of Denton ICA 3
West Hickory, Suite 423, Denton, Texas 76201, and County shall reimburse City
for all expenditures related to this project within Tturty (30) days of receipt of
these invoices Attached to ti'us Contract is a cerhflcahon by the County Auditor
that ~he County shall include the sum of ONE MILLION SIX HUNDRED
THOUSAND AND 00/100 DOLLARS ($1, 600,000) in its budget and that this
amount shall be itemized, set aside and approved by the County Comrmsmoners
Court to be expended for the ProJect Reimbursement from County to City shall
not exceed the sum of ONE MILLION SIX HUNDRED THOUSAND AND
00/100 DOLLARS ($1, 600,000), less funds expended by the County to fulfill its
obligations under this agreement as provided in Section VI
VIII
Ttus Agreement may be terminated in whole or in part by the County or
City upon thirty (30) days' written not~ce to the other party sethng forth a
substantial failure by the defaulting party to fulfill its obhgahons 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 mall, 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) and an opportumty for consultation with the terminating
party prior to termination In the even of termlnatmn by the County, County
shall reimburse the City for all invoice submitted up to and including the date of
terrmnatlon Notices shall be d~rected as follows
For City Hon Euhne Brock
The City of Denton Mayor
215 E McKmney Street
Denton, Texas 76201
Copy To: Mike Jez, City Manager
City of Denton ICA 4
City of Denton
215 E McKmney Street
Denton, Texas 76201
For County Hon Scott Armey
Denton County Judge
110 East Hickory
Denton, Texas 76201
Copy to District Attorney's Office/Civil Division
1450 East McKmney
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 flus
Agreement shall lie Demon County, Texas
X
Ttus wrlhng 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
T'ms 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
City of Denton ICA 5
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 porttons
shall remain valid and in full force and effect to the extent possible
XIII
The undersigned officers and/or agents of the parttes hereto are the
properly authorized officials and have the necessary authority to execute ttus
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 The Ctty of DENTON, Texas
110 West Hickory 215 E McKlnney Street
Denton, Texas 76201 Denton, Texas 76201
HoY ' Hon Euhne Brock
Denton County Judge The Mayor for the City of Denton
Acting on behalf of and by Acting on behalf of and by
authority of the Cornnussloners authority of the City Council of
Court of Denton County, Texas Denton, Texas
Date ~"~ ~ ~2-"7- 0 I Date
City of Denton ICA 6
Attest Attest
Cyntl~la Mitchell, County Cle~7¢ -,. ,~ J~e;'~V~lters, C,ty';ecretary
as to form ~ ~ ~pproved as to form
RobOt Schell Herbert L Prou~
Asmstant D[s~[ct A~orney Cl~ A~orney
AUDITOR'S CERTIFICATE
I hereby certify funds will be avmlable m the amount of ONE MILLION
SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($1, 600,000), will be
comrmtted to engineering and design and the remainder will be applied towards
right-of-way acqmmtmn, utility relocation and construction, toward financing the
Project to accomplish and pay the obligation of Denton County, Texas under this
~el~fCo~nty A~d~or
City of Denton ICA 7