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HomeMy WebLinkAboutResolution No. 00-25 CITY OF THE COLONY, TEXAS RESOLUTION NO. OO- ~ ~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FOR THE PROVISION OF ECONOMIC ASSISTANCE FOR INTERSECTION IMPROVEMENTS AS DEFINED IN THE AGREEMENT IN THE CITY OF THE COLONY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor o£the City o£The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County for the provision of economic assistance from Denton County for intersection improvements as defined in the Agreement. Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th day of July 2000. Wdham W Manmng, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY & DENTON COUNTY TEXAS THIS AGREEMENT is made and entered into by and between the Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as" County" and the City of The Colony, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "the City" for purposes of the completion signal installation at SH 121 and Morningstar intersection; intersection improvements at FM 423 and North Colony Blvd.; and intersection improvements at SH 121 and Paige Road; hereinafter referred to as the" ' " ProJect. WHEREAS, County has provided funding for several road projects within the limits of a the City through and as part of the January 1999 Better Safer Roads Bond Program. WHEREAS, the County will pay for the Project from current funds available through the Better Safer Roads Bond Program; WJ4EREAS, the City and County value the early completion of the Project of which portions are integral parts of the County's road system; and WHEREAS, the 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 ICA - The Colony 1 WHEREAS, the City desires the participation of the County in the Project as authorized by V.T.C.A., Transportation Code, Section 251.012; NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: The term of this Agreement shall commence upon execution by all parties, and shall terminated upon payment of the amount stated herein by the County, unless sooner terminated as provided in the succeeding provisions hereof. II. The Project is described as follows: 1. Intersection Improvements at FM 423 and North Colony Blvd. 2. Intersection Improvements at SH 121 and Paige Road. 3. Installation of a signal at SH 121 and Morningstar Road. 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 in 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 the City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or provide funds not to ICA - The Colony 2 exceed SEVENTY FIVE THOUSAND AND NO/00 ($75,000.00), which is TWENTY FIVE THOUSAND ($25,000) for intersection improvements to FM 423 at North Colony Blvd., TWENTY FIVE THOUSAND ($25,000) for intersection improvements to SH 121 at Paige Road, and TWENTY FIVE THOUSAND ($25,000) for installation of a signal at SH 121 and Morningstar Road. Mo In performance of this Agreement, the City agrees to assume responsibility for maintenance and for securing all necessary surveying, engineering and construction services related to the Project. The City further agrees that it shall be solely responsible for payment of all expenses related to~ completion of the Project. The City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below. VI. As the 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 West Hickory, Suite 423, Denton, Texas 76201, and County shall reimburse the 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 not to exceed TWENTY FIVE THOUSAND ($25,000) for intersection improvements to FM 423 at North Colony 'Blvd., TWENTY FIVE THOUSAND ($25,000) for intersection improvements to SH 121 at Paige Road, and TWENTY FIVE THOUSAND ($25,000) for installation of a signal at SH 121 and Momingstar Road 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. ICA - The Colony 3 VII. This Agreement may be terminated in whole or in part by the County or the City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the 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 given: (1) written notice delivered by certified mail, 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 opportunity for consultation with the terminating party prior to termination. In the even of termination by the County, County shall reimburse the City for all invoice submitted up to and including the date of termination. Notices shall be directed as follows: For City: Hon. William Manning Mayor, City of The Colony 5151 North Colony Blvd. The Colony, Texas 775056 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 McKinney : P.O. Box 2850 Denton, Texas 76201 VIII. 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, ICA - The Colony 4 Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. IX. This 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 rescinded only by writing signed by both of the parties or their duly authorized agents. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither County nor the 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. XI. 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 portions shall remain valid and in full force and effect to the extent possible. XII. 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 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 this, the day of ,2000. ICA - The Colony 5 COUNTY TOWN Denton County, Texas City of The Colony 110 West Hickory 5151 North Colony Blvd. Denton, Texas 76201 The Colony, Texas 75056 By: B . Kirk Wi/son Hon. William Manning Denton County Judge Mayor, City of The Colony Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City of Court of Denton County, Texas The Colony, Denton County Attest: ~ Cynthia Mitchell, County Clerk Approved as to form: Approved as to form: Robert Schell ~ Assistant District Attorney City of The Colony ICA - The Colony 6 · '" ORI$tNAL CITY OF THE COLONY, TEXAS RESOLUTION NO. 00-~ ~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FOR THE PROVISION OF ECONOMIC ASSISTANCE FOR INTERSECTION IMPROVEMENTS AS DEFINED IN THE AGREEMENT IN THE CITY OF THE COLONY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor of the City of The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County for the provision of economic assistance from Denton County for intersection improvements as defined in the Agreement. Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th day of July 2000. ATTEST: William W. Manning, M~ ~..~ Patti A. Hicks, TRMC, City Secretary THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY & DENTON COUNTY~ TEXAS THIS AGREEMENT is made and entered into by and between the Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as" County" and the City of The Colony, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "the City" for purposes of the completion signal installation at SH 121 and Morningstar intersection; intersection improvements at FM 423 and North Colony Blvd.; and intersection improvements at SH 121 and Paige Road; hereinafter referred to as the "Project.' WHEREAS, County has provided funding for several road projects within the limits of a the City through and as part of the January 1999 Better Safer Roads Bond Program. WHEREAS, the County will pay for the Project from current funds available through the Better Safer Roads Bond Program; W~IEREAS, the City and County value the early completion of the Project of which portions are integral parts of the County's road system; and WHEREAS, the 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 ICA - The Colony 1 WHEREAS, the City desires the participation of the County in the Project as authorized by V.T.C.A., Transportation 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 terminated upon payment of the amount stated herein by the County, unless sooner terminated as provided in the succeeding provisions hereof. II. The Project is described as follows: 1. Intersection Improvements at FM 423 and North Colony Blvd. 2. Intersection Improvements at SH 121 and Paige Road. 3. Installation of a signal at SH 121 and Morningstar Road. 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 in 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 the City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or provide funds not to ICA - The Colony 2 exceed SEVENTY FIVE THOUSAND AND NO/00 ($75,000.00), which is TWENTY FIVE THOUSAND ($25,000) for intersection improvements to FM 423 at North Colony Blvd., TWENTY FIVE THOUSAND ($25,000) for intersection improvements to SH 121 at Paige Road, and TWENTY FIVE THOUSAND ($25,000) for installation of a signal at SH 121 and Morningstar Road. In performance of this Agreement, the City agrees to assume responsibility for maintenance and for securing all necessary surveying, engineering and construction services related to the Project. The City further agrees that it shall be solely responsible for payment of all expenses related to~ completion of the Project. The City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below. VI. As the 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 West Hickory, Suite 423, Denton, Texas 76201, and County shall reimburse the 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 not to exceed TWENTY FIVE THOUSAND ($25,000) for intersection improvements to FM 423 at North Colony '~lvd., TWENTY FIVE THOUSAND ($25,000) for intersection improvements to SH 121 at Paige Road, and TWENTY FIVE THOUSAND ($25,000) for installation of a signal at SH 121 and Morningstar Road 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. ICA - The Colony 3 VII. This Agreement may be terminated in whole or in part by the County or the City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the 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 given: (1) written notice delivered by certified mail, 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 opportunity for consultation with the terminating party prior to termination. In the even of termination by the County, County shall reimburse the City for all invoice submitted up to and including the date of termination. Notices shall be directed as follows: For City: Hon. William Manning Mayor, City of The Colony 5151 North Colony Blvd. The Colony, Texas 775056 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 McKinney : P.O. Box 2850 Denton, Texas 76201 VIII. 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, ICA - The Colony 4 Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. IX. This 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 rescinded only by writing signed by both of the parties or their duly authorized agents. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither County nor the 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. XI. 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 portions shall remain valid and in full force and effect to the extent possible. XII. 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 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 this, the ~day of ,2000. ICA - The Colony 5 COUNTY TOWN Denton County, Texas City of The Colony 110 West Hickory 5151 North Colony Blvd. Denton, Texas 76201 The Colony, Texas 75056 By: B Kirk Wilson Hon. William Manning Denton County Judge Mayor, City of The Colony Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City of Court of Denton County, Texas The Colony, Denton County Attest: Cynthia Mitchell, County Clerk Approved as to form: Approved as to form: Robert Schell ~ ~ Assistant District Attorney City of The Colony ICA - The Colony 6 AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of SEVENTY FIVE THOUSAND NO/100 ($75,000.00), which is TWENTY FIVE THOUSAND ($25,000) for intersection improvements to FM 423 at North Colony Blvd.; TWENTY FIVE THOUSAND ($25,000) for intersection improvements to SH 121 at Paige Road; and TWENTY FIVE THOUSAND ($25,000) for installation of a signal at SH 121 and Morningstar Road to accomplish and pay the obligation of Denton County, Texas under this Agreement. James Wells, County Auditor ICA - The Colony 7