2000-138ORDINANCE N0,4C1'90 - /37
AN ORDiNANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO
AN INTI~RLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS
FOR ROAD IMPROVEMENTS REGARDING BRINKER ROAD PROJECT, AND
PROVIDiNG AN EFFECTIVE DATE
WHEREAS, both the City of Denton and Denton County are political sub&visions of the
State of Texas that are authorized to enter into lnterlocal contracts under TEX GOV'T CODE
ch 791 and TRANSPORTATION CODE ch 251, and
WHEREAS, the City Council deems it in the public interest to enter into this lnterlocal
contract with Denton County to provide for road improvements regarding Bnnker Road project,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the Mayor, or in his absence, the Mayor Pro Tem, or City Manager ~s
authorized to execute an Interloeal Cooperation Agreement for Road Improvements with Denton
County, Texas substantially in the form of the contract which ~s attached hereto and made a part
of this orclmance for all purposes
and approval
PASSED PROVED the
That this ordinance shall become effective immediately upon its passage
,2000
JAC i TL-ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L FROUTY, CITY ATTORNEY
F \sharedklephLGL\Our DoeurrentsXOrdm ance s\00XBnnk~r Road lnterlocal Agreement doc
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS
BETWEEN THE CITY OF DENTON AND
DENTON COUNTY, TEXAS
THIS AGREEMENT is made and entered into by and between the City of
Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as
"City" and Denton County, Texas, a corporate and political body under the laws of the
State of Texas, hereinafter referred to as "County" for purposes of the completion of
certain road improvements, hereinafter referred to as the "ProJect"
WHEREAS, County has provided funding for several road project within the
limits of City through and as part of the January 1999 Better Safer Roads Bond Program
WHEREAS, City has identified Bnnker Road as a Detour Route for the Future
Loop 288 widening project, and Bnnker provides access to commercial, medical and
industrial areas
WHEREAS, City and County value the early completion of the Project, 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,
ICA Denton Bnnker Road I
NOW, THEREFORE, it Is mutually agreed by the part~es hereto as follows
I
The term of this Agreement shall commence on June 15, 1999, and shall end on,
unless sooner terminated as provided in the succeeding provisions hereof
II
The ProJect ~s described as follows ~n the City of Denton, Texas, 3000 LF of 4
lanes d~vlded arterial between Wal-Mart and Colorado Boulevard
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
serwces 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
tndlmdually
IV
As reqmred by V T C A, Transportatmn Code Section 251 012 and as evidenced
by the s~gnature of the City's representative below, the govermng body of City by the
execution of and approval of thts Agreement approves of the expenditure of County
Money to participate in or to fund $ 600,000 toward financing the improvement of a
street ~n the County that ~s located in the Ctty
V
In performance of this Agreement, Ctty agrees to assume responsibility for
seeking the removal of the referenced section of highway from the State H~ghway
Department's mmntenance responsibility and for securing all necessary surveying,
ICA Denton Brmker Road 2
englneenng and construction services related to the Project City further agrees that it
shall be solely responsible for payment of all expenses related to completion of the
Project City shall seek reimbursement for expenses related to the completion of the
Project from County as set forth below
VI
As City proceeds in the completion of the Project, tt shall submit to the Denton
County Auditor, at 301 East McKlnney Street, Denton, Texas 76201, invoices on a
monthly basis for reimbursement and County shall reimburse City for all expenditures
related to this 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 of Slx Hundred Thousand ($ 600,000) Dollars ~n its budget and that th~s amount
shall be itemized, set aside and approved by the County Commissioners Court to be
expended for the project that is the subject of this Agreement Reimbursement from
County to C~ty shall not exceed the sum of Six Hundred Thousand ($ 600,000) Dollars
VII
In performance of th~s Agreement, County agrees to assist City in expediting the
completion of the Project If, as construction of the Project proceeds, City determines it
prudent to close McKlnney Street, County consents to the closure
In further performance of this Agreement, County agrees to reimburse City, from
its current revenues, a sum not to exceed that stated above 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 fmlure by the
ICA Denton Brlnker Road 3
defaulting party to fulfill its obligations under this agreement through no fault of the
terminating party Provided, however that no such termination may be affected unless the
defaulting party is gxven (1) written notice dehvered by certified mail, return receipt
requested of intent to ternunate setting forth the substantial failure to perform, and (2)
Not less than thirty (30) calendar days to cure the failure, and (3) and an opportunity for
consultation w~th the terminating party prior to termination In the even of termination by
the County, County shall reimburse the C~ty for all invoice submitted up to and ~ncludlng
the date of termination Notices shall be d~rected as follows
For City
For County
Kirk Wilson
Denton County Judge
110 East Hickory
Denton, Texas 76201
With a copy to
District Attorney's Office/Civil Division
1450 East McK~uney
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
part~es mutually agree that venue for any obhgatlon arising from this Agreement shall he
in Denton, Denton County, Texas
ICA Denton Brmker Road
4
X
This writing is intended by the parties as a final expression of thmr agreement and
as a complete and exclusive statement of the terms of their agreement This Agreement
can be modified or rescinded 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 wmves, nor shall be deemed hereby to watve,
any immunity or defense that would otherwise be available to ~t agmnst claims arising by
third part~es
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 remmn 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 cemfies to the other that any and all necessary
resolutions extending smd authority have been duly passed and are now m full force and
effect
ICA Denton Bnnker Road 5
EXECUTED in duplicate originals this, the /~--7~6 day of ~ , 1999
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas 76201 ~
BY Klr~kW1 ~
ls
Denton County Judge
Acting on behalf of and by
authority of the Commissioners
Court of Denton County, Texas
CITY
City of Denton, Texas
215 East McKtnney Street
Denton, Texas 76201
Acting on behalf of and by
authority of the City Council of
Denton, Texas
Attest
Cynthia M~tchell, County Clerk
Attest
~°be~anS~ ~hD~lirlct Attorney(
Approved as to form
Assistant City Attorney
ICA Denton Brmker Road 6
AUDITOR'S CERTIFICATE
I hereby certify that pursuant to Commissioners Court order
, funds wdl be avmlable m the amount of SIX HUNDRED THOUSAND
DOLLARS ($600,000 00) to accomphsh and pay the obhgat~o~ of Denton County, Texas
under this Agreement
unty ~udl~-o-r
ICA Denton Br~nker Road 7