Loading...
2001-223 NOTE Amendment to Interlocal Agreement is attached o INANCENO 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 LOOP 288, AUTHORIZING THE EXPENT)ITLIRE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS .SECTION 1 The Mayor, or m her absence the Mayor Pro Tern, ~s hereby authorized to execute, on behalf of the C~ty, an Interlocal Cooperatmn Agreement between the C~ty of Denton, Texas and Denton County, Texas for road ~mprovements to Loop 288, substantmlly m accordance with the Interlocal Cooperation Agreement whmh ~s attached hereto and incorporated by reference hereto SECTION 2 The expen&ture of funds as set forth m the Interlocal Cooperation Agreement ~s hereby authorized SECTION 3 Thru ordmance shall become effective ~mmedmtely upon its passage and approval PASSEDA APPROVEDth sthe/q dayof ,2oo EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~ S\OurDoeument~\Ordmances\01\lnterloealAgrmt Loop288 Denton County doc THE STATE OF TEXAS ) ) COUt, ZI'Y OF DBNTON ) INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS TO LOOP 288 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 orgamzed and exlshng under the laws of the State of Texas, hereinafter referred to as "City" This Agreement is for purposes of the completion of certam road improvements to LOOP 288, as described on Exhibit "A," hereinafter referred to as the "Project ' WHEREAS, County has provided funding for several road projects within the hrruts 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 mvolves 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 destres the participation of County m the Project as authorized by V T C A, Transportataon Code, Sechon 251 012, NOW, THEREFORE, it is mutually agreed by the part~es hereto as follows I The term of thas Agreement shall commence upon execuhon by all part~es and shall terminate upon completion of the Project or upon terrmnat~on of th~s Agreement under the prowslons of Section VIII II The Project is described as follows Improvements to LOOP 288, as described on Extublt "A' III Pursuant to V TC A, Government Code Section 791 011, the part~es 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 part~es hereto further agree that each of them is authorized to perform the functions and services individually IV As reqmred by V T C A, Transportation Code Section 251 012 and as evidenced by the sagnature 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 parhclpate in or to fund an amount not to C~ty of Denton ICA 2 exceed FIVE HUNDRED THOUSAND AND 00/100 ($500,00000), for the project V In performance of this Agreement, the COUNTY will be responsible for baring the engineering firm for the Project Addlhonally, the COUNTY agrees that all funds remalnmg after the procurement of engmeenng services will be corm-rotted to the construction of the Project VI In performance of ttus Agreement, the City and as evidenced by the signature of the City's representahve below, the govermng body of City by the execution of and approval of this Agreement approves of the expenditure of City money to part~cipate in or to fund an amount not to exceed TWO HUNDRED FIFTY NINE THOUSAND AND 00/100 ($259,000 00), for the project VII As County proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement TWO HUNDRED FITY NINE THOUSAND AND 00/100 ($259,000 00), unless otherwise authorized by the govermng body of the City of Denton, to the City of Denton Finance Department, Attention City Controller, at City Hall, 215 E McK~nney Street, Denton, Texas 76201, and the City shall reimburse County for all expenditures related to the Prolect within Thirty (30) days of receipt of these invoices Attached to ti'us Contract is a certfflcahon by the County Auditor that the County shall include the sum not to exceed FIVE HUNDRED THOUSAND AND 00/100 City of Denton ICA 3 ($500,000 00), m its budget and that flus amount shall be ltermzed, set aside and approved by the County Cornrmsmoners Court to be expended for the Project VIII Ttus Agreement may be temunated in whole or in part by the County or City upon thirty (30) days' written notice to the other party setting forth a substantial fmlure 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 gnven (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 tturty (30) calendar days to cure the failure, and (3) an opportunity for consultation with the terminating party prior to termination In the event of terrmnation by the City, City shall reimburse County for all invoices submitted up to and including the date of terrmnatlon Notices shall be directed as follows For City Hon Euhne Brock The City of Denton Mayor 215 E McKanney Street Denton, Texas 76201 Copy To Michael Conduff, City Manager City of Denton 215 E McKlnney Street Denton, Texas 76201 For County Hon Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 City of Denton ICA 4 Copy to. District Attorney's Office/Civil Dlmmon 1450 East McKanney P O Box 2850 Denton, Texas 76201 IX The covenants, condltaons 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 partaes mutually agree that venue for any obllgahon arlmng from ti'us Agreement shall lie in Denton County, Texas X Ttus 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 avadable to it against claims arising by third parties XII In the event that any portaon of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remalmng portions shall remain valid and in full force and effect to the extent possible C~ty of Denton ICA 5 XIII The undersigned officers and/or agents of the part~es hereto are the properly authorized officials and have the necessary authority to execute thas Agreement on behalf of the partaes hereto and each party hereby certifies to the other that any and all necessary resolutaons extending said authority have been duly passed and are now ~n full force and effect EXECUTED in duplicate originals COUNTY CITY Denton County, Texas The City of DENTON, Texas 110 West Hickory 215 E McKlnney Street Denton, Texas 76201 Denton, Texas 76201 Hon Scott Armey [ / Hon Euhne Brock Denton County ludge ~ The Mayor for the City of Denton Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City Council of Court of Denton County, Texas Denton, Texas Attest Attest Cynthia Mltchel, ty ,~.~ecretary City of Denton ICA 6 Approved as to form Approved as to form ~ He Asmstant D~stnct Attorney C~ty Attorney AUDITOR'S CERTIFICATE I hereby cerhfy funds will be available m the amount of FIVE HUNDRED THOUSAND AND 00/100 ($500,000 00), will be comrmtted to engineering and design and the remainder will be applied towards right-of-way acquisition, utility relocahon and construction, toward financing t~e Project to accomplish and pay the obligation of Denton County, Texas under ~hls Agreement ~n(es Wells, County City of Denton ICA 7 "EXHIBIT A' The Loop 288 Project is an urban arterial with a design speed of 70 mph Mmnlanes will consist of 4, 12-foot lanes with 10 foot outside and 4 foot reside shoulders Ttus will be designed to be a major freeway around the City of Denton Ttus project consists of constructing approx~nately 9 males of four-lane highway, with frontage roads, ramps and mterchanges with IH35, US 380, FM 2449 and IH35W The project will involve a number of bridges and overpasses C~ty of Denton ICA 8 Roai:l~ay Future Loop Legend R~illl to Tmil~ Resen(e 1~~ ~M ~plaln AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS TO LOOP 288 BETWEEN DENTON COUNTY, TEXAS AND THE CITY OF DENTON THIS AMENDMENT is made and entered upon into the date which all parties have signed this document, by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY", and the City of Denton, a political subdivision/entity of the State of Texas, located within Denton County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to as the "CITY" This is an amendment of the Interlocal Cooperation Agreement entered into between the parties on July 10, 2001, ("ICA") for purposes of completion of certain road improvements to Loop 288, hereinafter collectively referred to as the "Project" WHEREAS, the COUNTY and the CITY entered into an ICA on July 10, 2001, to provide for completion of certain road improvements to Loop 288, and WHEREAS, the City and the County wished to share the cost of the ProJect, which at the time of the execution of the ICA the County's share was estimated to be $500,000, and the Clty's share was estimated to be $259,000, and WHEREAS, the City and the County wish to amend the ICA to correctly reflect the actual cost of completion of certain road improvements to Loop 288 which will be $759,929 00, and WHEREAS, the City had set aside an additional $929 00, for participation ~n this ProJect, and NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree and understand as follows ICA page The following sections w~ll be substituted for the same numbered sections in the ICA and will read as follows 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 TWO HUNDRED FIFTY NINE THOUSAND NINE HUNDRED TWENTY NINE AND 00/I00 ($259,92900), for the project VII As County proceeds in the completion of the Project, it shall submit invoices on a monthly basis for reimbursement TWO HUNDRED FITY NINE THOUSAND NINE HUNDRED TWENTY NINE AND 00/100 ($259,929 00), unless otherwise authorized by the governing body of the City of Denton, to the City of Denton Finance Department, Attention City Controller, at City Hall, 215 E McKmney Street, Denton, Texas 76201, and the City shall reimburse County for all expenditures related to the ProJect within Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sum not to exceed FIVE HUNDRED THOUSAND AND 00/100 ($500,000 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 All other terms and conditions of the ICA are hereby affirmed by the parties ICA page 2 EXECUTED in duphcate orig~nals. COUNTY CITY Acting on behalf of an~~r ~,ng on behalf of and by of the Commissioners Court ~ .: ~. ~.~[: ~honty of the C~ of Denton Denton County, Texas%~ ~.~fi ~ ~ton Count, Texas ATTEST' ~~ / ATTEST . Cy~ M,tchell ' - ~ / ff .... ~ Denton Co~ty Clerk C~ Secreta~ APPROVED AS TO FORM Robe, gt Sehell, Assistant District Atto ey CITY AUDITOR'S CERTIFICATE I hereby certify funds wall be avmlable in the amount of $259,929 00 for ~mprovement to Loop 288 to accomphsh and pay the obbgat~on of the C~ty of Denton, Texas under this Agreement CITY Auditor ICA page 3