HomeMy WebLinkAboutResolution No. 06-104
RESOLUTION NO. 06 - t D~
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 TWO ADDITIONAL LANES OF MEMORIAL DRIVE FROM
BLAIR OAKS TO PAIGE ROAD AND TWO ADDITIONAL LANES OF
MEMORIAL DRIVE FROM WORLEY TO SOUTH COLONY, 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: FUNDING TWO ADDITIONAL LANES OF
MEMORIAL DRIVE FROM BLAIR OAKS TO PAIGE ROAD AND TWO ADDITIONAL
LANES OF MEMORIAL DRIVE FROM WORLEY TO SOUTH COLONY; 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 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 4th day of December, 2006.
Dillard, Mayor
of The Colony, Texas
ATTES~
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Christie Wilson, City Secretary
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63918
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 ("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 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
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. GOV'T CODE, "Inter/oeal 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, the "State Highway 121 Funding Strategy" MEMORANDUM OF
rnterlocal Cooperation Agreement
City Of TIle Colony
1947205.21SPIl3152/0103/l12906
Page 1
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 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 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 "De-federalization ofProiects". PARAGRAPH 2 of ''De-
federalization of Proiects" 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 T, "Near Neighbor Near Timeframe Policy", SECTION 3
"De-federalization ofProiects", PARAGRAPH 2 thereof provides that the extension and
improvement Memorial Drive is an enumerated project to be funded by Denton County:
"Memorial Drive (three sections) ...totaling $4,75 million"; and
WHEREAS the CITY proposes to improve and widen two sections of Memorial
Drive consisting of: (i) 3,000 linear feet of the two east bound Memorial Drive lanes
from Blair Oaks Drive to Paige Road; and, (ii) 1,700 linear feet of the two east bound
Memorial Drive lanes from Worley Drive to South Colony Boulevard, including related
drainage, utility improvements, signalization, associated street illumination, necessary
landscaping, and costs associated therewith, which is hereinafter referred to as the
"PROmCT", and
1 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 Carroll ton, City ofCoppell, 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 The "City of he Colony" Section
funding availability for eligible projects. This PROJECT is an eligible project under the "City of The
Colony" Section.
Interlocal Cooperation Agreement
City Of "nle Colony Page 2
194720S.2/SP/13 1 52101 03/1 12906
WHEREAS, based upon approval of final design and construction plans for the
PROJECT and acceptance thereof, the CITY intends to build and construct the project;
and
WHEREAS, Denton County did aclmowledge in the MOD (ARTICLE I, "City of
The Colony" Section) and has agreed to fund, as an enumerated local project, those
certain improvements and enhancements to Memorial Drive within the municipal limits
of the CITY; and
WHEREAS, the PROJECT to improve and widen two sections of Memorial
Drive consisting of: (i) 3,000 linear feet of the two east bound Memorial Drive lanes
from Blair Oaks Drive to Paige Road; and, (ii) 1,700 linear feet of the two east bound
Memorial lanes from Worley Drive to South Colony Boulevard, including related
drainage, utility improvements, signalization, associated street illumination, necessary
landscaping and costs associated therewith, are enumerated local projects agreed to
among the participating entities and encompassed within the MOD that was executed and
agreed to by the Parties, March 24,2005; and
WHEREAS, the CITY will be issuing a Request for Proposals and Invitation for
Bids in the latter part of 2006 as soon as the engineering plans for the PROmCT are
finalized, and the City will award to the lowest and best qualified bidder a construction
contract for the PROmCT, contingent upon approval ofthis AGREEMENT.
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.
Interlocal Cooperation Agreement
City Of The Colony
1947205.2/SP/13 1 5210103/1 12906
Page 3
n.
The CITY and the COUNTY hereby agree that the scope of the PROJECT is to
improve and widen two sections of Memorial Drive consisting of: (i) 3,000 linear feet of
the two east bound Memorial Drive lanes from Blair Oaks Drive to Paige Road; and, (ii)
1,700 linear feet ofthe two east bound Memorial Drive lanes from Worley Drive to South
Colony Boulevard, including related drainage, utility improvements, signalization,
associated street illumination, necessary landscaping and costs associated therewith
within the city limits of the CITY, The PROJECT costs are currently estimated to be
$1,901,637 which includes, but is not limited to construction (including environmental
clearance) and plans, specifications, and estimates,
III,
The COUNTY agrees to contribute and fund $1,901,637 for the completion of the
PROJECT. The CITY will submit to the COUNTY progress payment reports on a
monthly basis for cost incurred for the PROJECT. The CITY will utilize 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. Said amount to be paid by the
COUNTY to the CITY for the PROJECT shall not exceed $1,901,637, Any amount of
the $1,901,637 not expended by the CITY on this PROJECT shall remain available for
related c.osts or additional local proj ects enumerated in the Memorandum of
Understanding referenced herein.
N.
The CITY will oversee the construction and acceptance of the PROJECT. The
CITY shall acquire and oversee all necessary environmental documentation, preliminary
engineering and plans, specifications, and estimates (PS&E),
Interlocal Cooperation Agreement
City Of TIle Colony
1 94720S,21SP/13 1 52/0103/112906
Page 4
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,
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
Interlocal Cooperation Agreement
City Of TIle Colony
1947205 ,2/SP/J3 1 52/01 03/1 12906
Page 5
written or oral for 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 other 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 Connty, 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,
xm,
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 ~791.011, 'rEx, 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.
Interlocal Cooperation Agreement
City Ofllw Colony
) 947205 .21SP/l 3 1 52/01 031112906
Page 6
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 ~~be-(
2006.
COUNTY
Denton County, Texas
11 0 West Hickory
Denton, Texas, 76201
BY.# ~L~
Hon. MaryHo~ /~ -/t{,cJ6
Denton County Judge
CITY
City of The Colony
6800 Main Street
The Colony, Texas 75056
By: CC)~ ~
Dale Cheatham
City Manager for the
City of The Colony
Acting on behalf and by the authority of the Acting on behalf and by the authority of the
Commissioners Court of Denton County, City of The Colony, Denton County, Texas
Texas
ATTEST:
BY~~
enton County Clerk
APPRO
Interlocal Cooperation Agreement
City Of TIle Colony
1947205.2/SP/13152/01 03/112906
A~
By: .l~..A I ~ /Iv~~~
Ity Secretary
By:
City Attorney
Page 7
,.' . -. --..
. '
AUDITOR'S CERTIFICATE
I hereby certify funds will be available to ac omplish and pay the obligation of
Denton County, Texas under this AGREEMENT,
ells, Denton County Aud tor
fi-t; 1/Jor
InterlocaJ Cooperation Agreement
City Of 111e Colony
1 94720S.2/SP/1315210103/1 12906
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 widen two sections of Memorial Drive
consisting of: (i) 3,000 linear feet of the two east bound Memorial Drive lanes from Blair
Oaks Drive to Paige Road; and, (ii) 1,700 linear feet of the two east bound Memorial Drive
lanes from Worley Drive to South Colony Boulevard, including related drainage, utility
improvements, signalization, associated street illumination, necessary landscaping and costs
associated therewith, within the city limits of The Colony, under an mterlocal 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 to
improve and widen two sections of Memorial Drive consisting of: (i) 3,000 linear feet ofthe
two east bound Memorial Drive lanes from Blair Oaks Drive to Paige Road; and, (ii) 1,700
linear feet of the two east bound Memorial Drive lanes from Worley Drive to South Colony
Boulevard, including related drainage, utility improvements, signalization, associated street
illumination, necessary landscaping and costs associated therewith, within the city limits of
The Colony.
The local government which requested the PROJECT 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:r;;!f:::~{/~
Pre;iding Officer f the Denton County
Commissioners Court
Interlocal Cooperation Agreemellt
City Of ' 'Ole. Colony
1947205.2/SP/13 152101 03/112906
Page 9
, '
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 widen two sections of Memorial Drive
consisting of: (i) 3,000 linear feet of the two east bound Memorial Drive lanes from Blair
Oaks Drive to Paige Road; and, (ii) 1,700 linear feet of the two east bound Memorial Drive
lanes from Worley Drive to South Colony Boulevard, including related drainage, utility
improvements, signalization, associated street illumination, necessary landscaping and costs
associated therewith, within 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 "Inter/oea/ Cooperation Act. "
The description of the type of PROJECT to be undertaken and its location is to
improve and widen two sections of Memorial Drive consisting of: (i) 3,000 linear feet ofthe
two east bound Memorial Drive lanes from Blair Oaks Drive to Paige Road; and, (ii) 1,700
linear feet of the two east bound Memorial Drive lanes from Worley Drive to South Colony
Boulevard, including related drainage, utility improvements, signalization, associated street
illumination, necessary landscaping, costs associated therewith, within the city limits of The
Colony.
The local government which requested the PROJECT 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.
By:
fnterlocaJ Cooperation Agreement
City Of TIle Colony
1947205.2/SP/1315210J03/112906
Page 10