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