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HomeMy WebLinkAboutResolution No. 06-105 /' RESOLUTION NO. 06 -l n~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERl\1S AND CONDITIONS OF THE REVISED INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR REIMBURSEMENT OF FEES FOR LEGAL COUNSEL FOR MATTERS PERTAINING TO THE WIDENING OF F.M. 423, 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 Denton County have entered into an agreement such that the County is to provide the following services: REIMBURSEMENT OF FEES FOR LEGAL COUNSEL FOR MATTERS PERTAINING TO THE WIDENING OF F.M. 423; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the agreement 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 revised 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 of the 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 4th day f December, 2006. J hn Dillard, Mayor ty of The Colony, Texas 63918 -' THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY. TEXAS AND DENTON COUNTY. TEXAS THIS Interloca1 Cooperation Agreement ("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 STATE, through the Texas Department of Transportation ("TxDOT), in cooperation with the COUNTY and CITY, proposes to: expand and improve Farm to Market Road 423 from State Highway 121 north to Stewarts Creek Road which requires the acquisition, or facilitating the acquisition of, necessary right of way, relocation of utilities and matters incidental to the expansion and improvement of the roadway within or proximate to the city limits of The Colony, hereinafter referred to as the "PROJECT", and WHEREAS, the COUNTY is a duly organized 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 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 mutually desire to be subject to the provisions of Chapter 791, TEX. GOVT. CODE, ~791.014, the "Interlocal Cooperation Act" which provides authorization for any local government to contract with one or more FM423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1939561.2/SP/13152/0103/112906 Page 1 local governments to perform governmental functions and services under the t~rms of the Act; and WHEREAS, the "State Highway 121 Funding Strategy" MEMORANDUM OF UNDERSTANDING1, hereinafter referred to as "MOD" (a copy of which is attached hereto as Exhibit "A") has been executed and outlines the duties, obligations and agreements between the MOD Parties concerning the construction of State Highway 121 as an electronic toll facility, from the southern end of State Highway 121 bypass at Denton Creek generally eastward to the North Dallas Tollway, and includes funding agreements for certain projects. ARTICLE I "Near Neighbor Near Timeframe Policy" of the MOD enumerates certain local projects that become eligible for funding based upon reprioritization of the $18.25 million of Denton County commitments to federal projects pursuant to "De-federalization of Proiects". PARAGRAPH 2, <<De-federalization of Proiects" delineates how the $18.25 million is dedicated to and prioritized for certain enumerated local projects ofthe CITY; 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 ''De-federalization of Proiects", PARAGRAPH 2 thereof, the COUNTY does agree to assume and fund certain right-of-way costs associated with the PROJECT, totaling $4 million; and WHEREAS, the City of The Colony has executed an Agreement for Professional Services with Strasburger & Price, LLP ("Firm"), based on a "most qualified" determination, and said professional services includes, but is not limited to MOD compliance or the acquisition of, or assistance with the acquisition of, right of way, I That certain ''MEMORANDUM OF UNDERSTANDING - S.H. 121 Funding Strategy" by and between Texas Department of Transportation, North Central Texas Council of Governments, Denton County, Collin County, City of The Colony, City of Carrollton, City of Coppell, City of Lewisville, City of PIano, City of Grapevine and City of Frisco, was executed March 24, 2005. Article I "Near Neighbor Near Timeframe Policy" addresses in the "De-federalization of Projects" Section and in the "City of The Colony" Section funding availability for eligible projects. This PROJECT is an eligible project under the "City of The Colony" Section. FM423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1939561.21SP/13152101031112906 Page 2 relocation of utilities or matters incidental to the expansion and improvement of the PROJECT within or proximate to the City limits ("Legal Services"). NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration hereinafter stated, agree and understand as follows: 1. This AGREEMENT becomes effective when signed by the last party whose signing makes the respective agreements fully executed. This AGREEMENT may be terminated at any time by either party giving thirty (30) days advance notice in writing to the other party. II. The CITY and the COUNTY hereby agree that the scope of the PROJECT to expand and improve Farm to Market Road 423 from State Highway 121 north to Stewarts Creek Road includes and requires MOU compliance and the acquisition, or facilitating the acquisition of, necessary right of way, relocation of utilities or matters incidental to the expansion and improvement of the roadway within or proximate to the city limits of The Colony. III. The COUNTY agrees to fund, pursuant to the MEMORANDUM OF UNDERSTANDING, "State Highway 121 Funding Strategy" in ARTICLE I "Near Neighbor Near Timeframe Policy", in the certain ''Denton Countv" subheading ("F.M. 423: From S.H. 121 to U.S. 380"), ten percent of the right of way and associated costs for the PROJECT from FM 423 from SH 121 to Stewarts Creek Road; and agrees that the Legal Services defined herein are necessary and incidental to the acquisition, or facilitating the acquisition of, necessary right of way, relocation of utilities or matters incidental to the expansion and improvement of the PROJECT or MOU compliance as Project Costs. The amount paid by the County to the City for said legal services shall not exceed $250,000. The CITY will submit to the COUNTY invoices on a monthly basis for the Legal Services rendered for or to facilitate the PROJECT. The CITY will utilize FM 423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1939561.2/SPII3152/0103/112906 Page 3 generally accepted accounting principles (GAAP) to adequately record expenditures associated with the PROJECT, which will be included in the CITY's annual audit, until completion of the PROJECT. 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. N. The CITY will oversee the PROJECT In conjunction with TxDOT and the COUNTY. The CITY and the COUNTY agree that any right of way necessary will be acquired by the STATE, with the assistance of the Legal Services described herein. 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. VIT. 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. FM 423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1939561.2/SPII3 1 52/0103/1 12906 Page 4 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 concerning the PROJECT defined herein. 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. 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. XllI. 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 FM 423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1939561.21SP/I 3152/010311 12906 Page 5 resolutions extending said authority have been duly passed and are now in ful) force and effect. XIV. Pursuant to ~791.011, TEX. GOVT. CODE, the Parties hereto agree that the purpose of this AGREEMENT is to ensure that certain governmental functions and services related to improvement 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. - V EXECUTED in duplicate originals this, the L- day of ~T,..~1:1el< 2006. COUNTY Denton County, Texas 11 0 West Hickory Denton, Texas, 76201 BY:~Y~ Hon. . Mary H Denton County Judge CITY City of The Colony 6800 Main Street The Colony, Texas 75056 .By:g1~ Dale Cheatham City Manager for the City of The Colony Acting on behalf and by the authority ofthe Acting on behalf and by the authority of the Commissioners Court of Denton County, City of The Colony, Denton County, Texas Texas ATTEST: By: Denton County Clerk FM 423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1 939S61.2/SPII 3 1 52101 03/112906 A7!1 By: _ ~""LJ:-l)l~r-.. City Secretary Page 6 ./. , ./, By: Dlstrict Attorney ity Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available to accomplish and pay the obligations of Denton County, Texas under this AGREE~'.t Jam s FM 423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1 939561.2/SP/131 52101 03/112906 Page 7 '. 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 expand and improve Farm to Market Road 423 from State Highway 121 north to Stewarts Creek Road by acquiring, or assisting in the acquisition of, necessary right of way, relocation of utilities and matters incidental to the expansion and improvement of the PROJECT within or proximate to the city limits of The Colony, under an Interlocal Cooperation Contract herein, gives its specific written approval of the PROJECT prior to beginning the PROJECT in satisfaction of the requirements of Chapter 791, TEX. GoVT. CODE, ~791.014, the "lnterlocal Cooperation Act." The description of the type of project to be undertaken and its location is as follows: expand and improve Farm to Market Road 423 from State Highway 121 north to Stewarts Creek Road by acquiring or assisting in the acquisition of necessary right of way, relocation of utilities and matters incidental to the expansion and improvement of the PROJECT within or proximate to the city limits of The Colony. The local government which requested the PROJECT and with which the County of Denton has contracted is the City of The Colony. By vote on this date, the County Commissioners have approved the PROJECT identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. By: County Judge f Denton County Commissioners Court FM423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1 939561.21SP/I 3152/010311 12906 Page 8 .' 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 expand and improve Farm to Market Road 423 from State Highway 121 north to Stewarts Creek Road by acquiring or assisting in the acquisition of necessary right of way, relocation of utilities and matters incidental to the expansion and improvement of the PROJECT within or proximate to the city limits of The Colony, under an Interloca1 Cooperation Contract herein, gives its specific written approval of the PROJECT prior to beginning the PROJECT in satisfaction of the requirements of Chapter 791, TEX. GOVT. CODE, ~791.014, the "Interlocal Cooperation Act. " The description of the type of project to be undertaken and its location is as follows: expand and improve Farm to Market Road 423 from State Highway 121 north to Stewarts Creek Road by acquiring or assisting in the acquisition of necessary right of way, relocation of utilities and matters incidental to the expansion and improvement of the PROJECT within or proximate to the city limits of The Colony. The local government which requested the PROJECT and with which the County of Denton has contracted is the City of The Colony. By vote on this date, the City Council has approved the PROJECT identified above and authorized execution of this document by the presiding officer on behalf of The City of the Colony, Texas. FM 423 RIGHT-OF-WAY INTERLOCAL COOPERATION AGREEMENT 1939S61.21SPII 31 S2IOI 03/1 12906 Page 9