Loading...
HomeMy WebLinkAboutResolution No. 00-02 ORIGINAL CITY OF THE COLONY, TEXAS RESOLUTION NO. /-.~0 - 0;:~ 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 DESIGN, CONSTRUCTION AND IMPROVEMENT OF A PORTION OF STATE HIGHWAY 121 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 design, construction and improvement of a portion of State Highway 121 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 3rd day of January, 2000. ". ..' : Willi~n W. Ma~uin~, Mayor 'uthann r , vlinTDe puty City Secretary THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL AGREEMENT - SH 121 Agreement - SH 121 (the "Agreement") is entered into as of,, ~'~'~/"). ~ . This Interlocal ~OO, by and between Denton County, Texas (the "County") and ~ f... ~ ~.)_~,. ~_/ , Texas (the "city"). WITNESSETH' WHEREAS, the County and the City desire to enter into an agreement for the design, construction and improvement of a portion of State Highway 121 (the "Project"); WHEREAS, the Intedocal Cooperation Act, codified as V.T.C.A., Government Code, Chapter 791 (the "Act"), provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the County has filed an application with the Texas Department of Transportation to obtain a $10,000,000 loan from the State Infrastructure Bank (the "SIB Loan") to fund a portion of the Project, including, particularly the engineering therefor; WHEREAS, the City has heretofore expressed its support of the Project and the funding of a portion of the costs of said Project; WHEREAS, to enable the County to perform certain functions related to the Project the City has heretofore agreed to pay to the County a total amount of $.~.~_~ payable in five equal annual installments of $0,~,2, ~ each as hereinafter provided; WHEREAS, the parties hereto agree that if the SlB Loan has not been made to the County on or before October 1, 2000, the City reserves the right to withdraw its commitment under this Agreement; 813260.02/09501363 WHEREAS, the City and the County have both found and determined and do hereby find and determine that the Project is in the best interests of the citizens of both the City and the County; NOW, THEREFORE, in consideration of the premises and covenants herein contained, the City and the County agree as follows: Section 1. The provisions of this Agreement contained in the preambles set forth above are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall become and are hereby made a part of this Agreement for all purposes. Section 2. The City hereby agrees to pay the County the sum of $/,,3/O., ~ (the "City Commitment") payable in annual installments of $~__~,Z,. ~ on or before October 1,2000 and each October I thereafter until fully paid. The County agrees to provide and perform governmental functions and services as permitted by the Act in connection with the Project. The City reserves the right to withdraw and cancel the City Commitment in the event the County has not received the SlB Loan proceeds by or before October 1,2000. No interest shall be charged to the City in connection with the installment payments of the City Commitment. The City hereby reserves the right to prepay the City Commitment at any time during the term of this Agreement, without penalty. Section 3. The City Commitment shall be paid only from current revenues of the City as those revenues exist from time to time. Section 4. This Agreement shall be for a term of six (6) years or until the City Commitment is paid in full, whichever is less. Section 5. This Agreement may not be amended or modified without the prior written consent of both the City and the County. 813260.02/09501363 -~- /-- Section 6. If any clause, provision or section of this Agreement is ruled invalid or ,,, unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect any of the remaining clauses, provisions or sections hereof. Section 7. This Agreement may be executed in several counterpa~s, each of which shall be an original and all of which shall constitute but one and the same documents. Section 8. This Agreement shall be governed in all respects by the laws of the State of Texas. [The remainder of this page intentionally left blank] 813260.02/09501363 -~- o IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed by their duly authorized representatives pursuant to [ordinance or resolution] number t~:~-F)./of the City and Commissioners Court Order No. ~1~-(~,~ DENTON COUNTY, TEXAS CITY Q~ ~ ('~.~/f/~/'3(/ Kirk Wilson, Denton Coun~.d~d~~;~,~'~.. v ~ - ' / Depu~, County Clerk U '"'"'"'"'"' ' Secre ar - - 813260.02/09501383 S-I-