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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