HomeMy WebLinkAboutResolution No. 06-012
RESOLUTION NO. 06- (]J/2
ORIGINAL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE INTERLOCAL COOPERATION AGREEMENT BY AND
BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR
FUNDING THE ACQUISITION OF SOUTH COLONY AND
ENGINEERING FOR PAIGE AND TWO SECTIONS OF MEMORIAL
DR., WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: Funding the acquisition of S. Colony and
engineering for Paige and two sections of Memorial Drive; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Denton County, which is attached hereto and incorporated herein by reference
as Exhibit "A," under the terms and conditions provided therein.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Interlocal cooperation Agreement, which is attached and incorporated hereto
as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and
found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby,
in all things approved, and the City Manager is hereby authorized to execute the Agreement on
behalf ofthe City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this'6th day of February, 2006.
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THE STATE OF TEXAS )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF THE COLONY. TEXAS
AND DENTON COUNTY. TEXAS
THIS INTERLOCAL COOPERATION AGREEMENT hereinafter referred to as the
"Agreement" is made and entered into by and between Denton County, Texas, a political
subdivision of the State of Texas, hereinafter referred to as the "COUNTY," and the City of The
Colony, a political subdivision located within Denton County, Texas, duly organized and
authorized under the laws of the State of Texas, hereinafter referred to as the "CITY."
WHEREAS the COUNTY and CITY propose to: improve and extend the two
southbound lanes of South Colony Boulevard from Memorial Drive to State Highway 121 by
acquiring approximately 1,900 linear feet of the South Colony Boulevard extension for fair
market value, including related drainage, utility improvements, street illumination and necessary
landscaping, within the city limits of the CITY hereinafter referred to as the "PROJECT", and
WHEREAS, the COUNTY and CITY also propose to: improve and widen Paige Road
from South Colony Boulevard to North Colony Boulevard and two sections of Memorial Drive
by awarding a professional services agreement for engineering services to provide final design
and construction plans for Paige Road and Memorial Drive, hereinafter referred to as the
"ENGINEERING", and
WHEREAS, the COUNTY is a duly organized and political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit of
the citizens of Denton County, Texas; and
Intcrlocal Coopcration Agrccmcnt
City Orfhe Colon)
798311.l/SP3/l3152101001020206
Page]
WHEREAS, the CITY is a duly organized political subdivision in Denton County, Texas,
engaged in the administration of CITY government and related services for the benefit of the
citizens of the area serviced by the CITY; and
WHEREAS, the COUNTY and the CITY intend to enter into this Agreement pursuant to
the provisions of Chapter 791, TEX. GOy'T CODE, "lnterlocal Cooperation Act" which provides
authorization for any local government to contract with one or more local governments for the
purpose of performing governmental functions and services under the terms of the Act; and
WHEREAS, based upon approval of final design and construction plans for the
PROJECT and acceptance thereof, the CITY intends to acquire the project for fair market value;
and
WHEREAS, the CITY has through lawful procedures selected Halff Associates, as a
qualified provider of professional engineering services to prepare the final design and
construction plans for the ENGINEERING; and
WHEREAS, a "State Highway 121 Funding Strategy" MEMORANDUM OF
UNDERSTANDING! hereinafter referred to as "MOU" has been executed and outlines the
duties, obligations and agreements between the Parties concerning the construction of State
Highway 121 as an electronic toll facility from the southern end of State Highway 121 bypass
Denton Creek to the North Dallas Tollway, and includes funding agreements for certain projects.
ARTICLE I "Near Neighbor Near Timeframe Policy" of the MOU enumerates local projects that
become eligible for funding based upon reprioritization of the $18.25 million of Denton County
commitments to federal projects pursuant to "Defederalization of Projects" PARAGRAPH 2
I That certain "MEMORANDUM OF UNDERSTANDING - S.H. 121 Funding Strategy" by and between Texas
Department of Transportation, North Central Texas Council of Govemments, Denton County, Collin County, City of
The Colony, City of Carroll ton, City ofCoppell, City of Lewisville, City of Piano, City of Grapevine and City of
Frisco, was executed March 24, 2005. Section I "Near NeighborlNear Timeframe Policy" of which addresses in
"De-Federalization of Projects" funding availability for eligible projects and this project is one of the enumerated
projects listed as eligible under "City of The Colony."
I nterlocal Cooperation Agreement
City Of The Colony
798311.l/SP3113152/01001020206
Page 2
"Defederalization of Projects" delineates how the $18.25 million IS dedicated to certain
enumerated local projects of The Colony; and
WHEREAS, the COUNTY and the CITY did agree to and are signators of that certain
MEMORANDUM OF UNDERSTANDING, State Highway 121 Funding Strategy "wherein in
ARTICLE I "Near Neighbor Near Timeframe Policy", SECTION 3 "Defederalization of
Projects", PARAGRAPH 2 the extension and improvement of South Colony Boulevard
Boulevard, Paige Road, and Memorial Drive enumerated projects to be funded by Denton
County: "South Colony Boulevard. from Memorial Drive to SH 121 totaling $2.25 million",
"Paige Road from South Colony Boulevard to North Colony Boulevard totaling $4.25 million"
and "Memorial Drive (three sections) totaling $4. 75 million"; and
WHEREAS, Denton County did acknowledge in the MOU and has agreed to fund, as one
of the enumerated local projects certain improvements and enhancements to South Colony
Boulevard, Paige Road and Memorial Drive within the municipal limits of the CITY; and
WHEREAS, the PROJECT to improve and extend the two southbound lanes of South
Colony Boulevard from Memorial Drive to State Highway 121 by acquiring approximately 1,900
linear feet of the South Colony Boulevard improvements, including related drainage, utility
improvements, street illumination and necessary landscaping, and the ENGINEERING to
improve and widen Paige Road from South Colony Boulevard to North Colony Boulevard and
two sections of Memorial Drive by awarding a professional services agreement for engineering
services to provide final design and construction plans for Paige Road and Memorial Drive
within the city limits of the CITY, are enumerated segments oflocal projects agreed to among the
participating entities and encompassed within the MOU as executed and agreed to by the Parties
March 24,2005; and
Interlocal Cooperation Agreement
City Of The Colony
798311.1/SP3113152/0100/020206
Page 3
WHEREAS, the CITY has entered into a Development Agreement with Flournoy
Development Company to complete South Colony Boulevard from Memorial Drive to SH 121,
which will be executed on February 6, 2006 contingent upon approval of this Agreement.
WHEREAS, the City of The Colony has executed an Agreement for professional services
with Halff Associates, Inc. based on the most qualified determination ("Purchase Order No.
") which will be executed on February 6, 2006, contingent upon approval of this
Agreement.
NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration
hereinafter state, agree and understand as follows:
I.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreements fully executed.
II.
The CITY and the COUNTY hereby agree that the scope of the PROJECT and
ENGINEERING are to improve and extend the two southbound lanes of South Colony
Boulevard from Memorial Drive to State Highway 121 for approximately 1,900 linear feet of the
South Colony Boulevard, including related drainage, utility improvements, street illumination
and necessary landscaping, and to improve and widen Paige Road from South Colony Boulevard
to North Colony Boulevard and two sections of Memorial Drive by awarding a professional
services agreement for engineering services to provide final design and construction plans for
Paige Road and Memorial Drive within the city limits of the CITY. The PROJECT and
ENGINEERING combined costs are currently estimated to be $1,932,406 for acquisition and
engineering, including environmental clearance and plans, specifications, and estimates which
includes $707,480 for professional engineering services for Paige Road and Memorial; and
$1,224,926 for acquisition of the South Colony Boulevard PROJECT.
lnterlocal Cooperation Agreement
City Of The Colon)
7983] I.] /SP3/13152/0 100/020206
Page 4
III.
The COUNTY agrees to contribute from Transportation Road Improvement Program -
2004, $1,932,406 towards the completion of the PROJECT and ENGINEERING. The CITY will
submit to the COUNTY progress payment reports on a monthly basis for cost incurred for the
PROJECT and ENGINEERING. The CITY will utilize generally accepted accounting principles
(GAAP) to adequately record expenditures associated with the PROJECT and ENGINEERING,
which will be included in the CITY's annual audit, until completion of the PROJECT and
ENGINEERING. Documentation of expenditures will be available to the COUNTY, or their
auditors, upon request. The COUNTY will remit and pay to the CITY the amounts submitted
within 30 days of receipt by the COUNTY. Said amount to be paid by the COUNTY to the
CITY for the PROJECT and ENGINEERING shall not exceed $1,932,406. Any amount of the
$1,932,406 not expended by the CITY on this PROJECT and ENGINEERING shall remain
available for additional local projects enumerated in the Memorandum of Understanding.
IV.
The CITY will oversee the construction and acceptance of the PROJECT and
ENGINEERING. The CITY shall acquire and oversee all necessary environmental
documentation, preliminary engineering and plans, specifications, and estimates (PS&E).
V.
The CITY understands and agrees that the CITY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agent and/or
representatives or the COUNTY.
VI.
COUNTY understands and agrees that the COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agent and/or
representatives or the CITY.
I nterlocal C ooperat ion Agreement
City Of The Colony
Page 5
7983 I I .IISP3/13152/0 100/020206
VII.
COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all COUNTY employees and agents, subcontractors, and/or contract laborers, and
for those of all other persons doing work under a contract or agreement with the COUNTY.
VIII.
The CITY agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all CITY employees and agents, subcontractors, and/or contract laborers, and for
those of all other persons doing work under a contract or agreement with the CITY.
IX.
This agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither the 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 made by third parties.
x.
This agreement represents the entire agreement between the COUNTY and the CITY and
supersedes all prior negotiations, representations and/or agreements, either written or oral. This
agreement may be amended only by written instrument signed by the governing bodies of both
the COUNTY and the CITY or those authorized to sign on behalf of those governing bodies.
COUNTY and CITY acknowledge an amendment to the agreement to fund direct costs
associated with the project, not otherwise provided for, may be considered.
XI.
The validity of this agreement and of any of its terms or provisions, as well as the rights
and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this
agreement shall be performable in Denton County, Texas.
lnterlocal Cooperation Agreement
City Of The Colony
Page 6
798311.l/SP3/13152/0 1 00/020206
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 portions shall remain valid and in full force and
effect to the extent possible.
XIII.
The undersigned officer 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 necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
XIV.
Pursuant to 9791.011, TEX. GOVT. CODE, 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, utilities and drainage are performed. The parties hereto further agree that each of them is
authorized to perform the functions and services individually.
XV.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither the 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.
EXECUTED in duplicate originals this, the day of
2006.
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas, 76201
CITY
City of The Colony
6800 Main Street
The Colony, Texas 75056
Interlocal Cooperation Agreement
City Of The Colony
Page 7
798311. ] ISP3113152/0 1001020206
By:
Hon. Mary Horn
Denton County Jud
By: g1~
Dale Cheatham
City Manager for the
City of The Colony
AUDITOR'S CERTIFICATE
I hereby certify funds "'J..fI~vailable to accomplish and pay the obligation of Denton
County, Texas under this Agreement. @ 1~f'S~ IV
J
CITY AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of Denton
County, Texas under this Agreement.
~L ISm
City Auditor
Inlerlocal Cooperation Agreement
City Of rhe Colon)
798311.l/SP3/13152/0] 00/020206
Page 8
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The County of Denton, acting by and through the County Commissioners Court,
having been advised of a project to improve and extend South Colony Boulevard from
Memorial Drive to State Highway 121 by acquiring approximately 1,900 linear feet of the
South Colony Boulevard improvements for fair market value, including related drainage,
utility improvements and associated street illumination and landscaping of the extension, and
the engineering to improve and widen Paige Road from South Colony Boulevard to North
Colony Boulevard and two sections of Memorial Drive by awarding a professional services
agreement for engineering services to provide design and construction plans for Paige Road
and Memorial Drive, within the city limits of The Colony, under an Interlocal Cooperation
Contract herein, gives its specific written approval of the PROJECT and ENGINEERING
prior to beginning the PROJECT and ENGINEERING in satisfaction of the requirements of
Chapter 791, TEX. GOVT. CODE, ~791.014, the "lnterlocal Cooperation Act. "
The description of the type of PROJECT and ENGINEERING to be undertaken and
its location is as follows: improve and extend South Colony Boulevard from Memorial Drive
to State Highway 121 by acquiring approximately 1,900 linear feet of the South Colony
Boulevard improvements, including related drainage, utility improvements and associated
street illumination and landscaping of the extension, and the engineering to improve and
widen Paige Road from South Colony Boulevard to North Colony Boulevard and two
sections of Memorial Drive by awarding a professional services agreement for engineering
services to provide design and construction plans for Paige Road and Memorial Drive, within
the city limits of The Colony.
The local government which requested the PROJECT and ENGINEERING and with
which the County of Denton has contracted is the City of The Colony.
Interlocal Cooperation Agreement
City Of The Colol1)
Page 9
798311.1/SP3/13t52/0 100/020206
By vote on this date, the County Commissioners have approved the PROJECT and
ENGINEERING identified above and authorized execution of this document by the presiding
officer on behalf of Denton County, Texas.
By:
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Interlocal Cooperation Agreement
City Of The Colon.y
79831 L I/SP31l3152/0100/020206
Page 1 0
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APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The City of The Colony, acting by and through the City Council, having been advised
of a project to improve and extend South Colony Boulevard from Memorial Drive to State
Highway 121 by acquiring approximately 1,900 linear feet of the South Colony Boulevard
extension, including related drainage, utility improvements and associated street illumination
and landscaping of the improvements for fair market value, and the engineering to improve
and widen Paige Road from South Colony Boulevard to North Colony Boulevard and two
sections of Memorial Drive by awarding a professional services agreement for engineering
services to provide design and construction plans for Paige Road and Memorial Drive, within
the city limits of The Colony, under an lnterlocal Cooperation Contract herein, gives its
specific written approval of the PROJECT and ENGINEERING prior to beginning the
PROJECT and ENGINEERING in satisfaction of the requirements of Chapter 791, TEX.
GOVT. CODE, ~791.014, the "Interloeal Cooperation Act. "
The description of the type of PROJECT and ENGINEERING to be undertaken and
its location is as follows: improve and extend South Colony Boulevard from Memorial Drive
to State Highway 121 by acquiring approximately 1,900 linear feet of the South Colony
Boulevard improvements, including related drainage, utility improvements and associated
street illumination and landscaping of the extension, and the engineering to improve and
widen Paige Road from South Colony Boulevard to North Colony Boulevard and two
sections of Memorial Drive by awarding a professional services agreement for engineering
services to provide design and construction plans for Paige Road and Memorial Drive, within
the city limits of The Colony.
The local government which requested the PROJECT and ENGINEERING and with
which the County of Denton has contracted is the City of The Colony.
Interlocal Cooperation Agreement
City Of The Colon)
Page 11
798311.1/SP3/13152/01001020206
. '..
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By vote on this date, the City Council has approved the PROJECT and
ENGINEERING identified above and authorized execution of this document by the presiding
officer on behalf of The City of the Colony, Texas.
Interlocal Cooperation Agreement
City Of The Colony
798311.lISP3113152/0 100/020206
Page 12