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HomeMy WebLinkAboutResolution No. 07-074 CITY OF THE COLONY, TEXAS RESOLUTION NO. 07-12!l!:f A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR THE RESURFACING OF BOYD ROAD FROM LEBANON ROAD TO THE ENTRANCE TO THE WYNNEWOOD HAVEN ESTATES. SUBDIVISION; ATTACHING THE APPROVED FORM OF AGREEMENT AS EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR RESURFACING BOYD ROAD FROM LEBANON ROAD TO THE ENTRANCE TO THE WYNNEWOOD HAVEN ESTATES SUBDIVISION. Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein, as exhibit A. Section 3. That the Mayor is authorized to execute the Agreement on behalf of the city. Section 4. 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 20h day of Atly, 2007. ~~. hn Dillard, Mayor ity of The Colony, Texas Ai W~Jr\ Christie Wilson, TRMC, City Secretary THE ST ATE OF TEXAS ~ ~ COUNTY OF DENTON ~ ROAD IMPROVEMENT INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made and entered into by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of County government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of The Colony, Texas, a duly organized municipality in Denton County, Texas, engaged in the administration of municipal and related services for the benefit of the citizens of the City of The Colony, Texas, hereinafter "the City." This Agreement shall be fully executed and enforceable as of the date it is signed by the County and the City, hereinafter collectively referred to as "the Parties." WHEREAS, the County and the City desire to enter into this Agreement for the purpose of providing for the completion of the reconstruction and rehabilitation of Boyd Road in the City of The Colony, as described in attached Exhibit "A," hereinafter "the Project;" and WHEREAS, the Project consists of the reconstruction and rehabilitation of Boyd Road. The Project will be performed entirely within the boundaries of the City located in Denton County Commissioner Precinct #2. The total estimated cost of completion of the Project is THREE HUNDRED EIGHTY-ONE THOUSAND AND NO/lOO DOLLARS ($381,000.00), and WHEREAS, the Interlocal Cooperation Act, Chapter 791 Texas Government Code, provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City mutually desire to be subject to the provisions of the Act; and City of The Colony ICA - Boyd Road Page I of8 WHEREAS, the County and the City value the early completion of the Project which involves roads which are integral parts of the County's road system and the County and the City value the early completion of the Project to improve safe travel on improved roadways; and NOW, THEREFORE, it is mutually agreed by the Parties hereto as follows: I. Pursuant to Texas Government Code S791.011, the County and the City hereby enter into this Agreement in order to perform governmental functions and services in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party to the Agreement is authorized to perform individually. The term of this Agreement shall commence upon execution by all parties and shall terminate upon completion of the Project or upon termination of this Agreement under the provisions of Section VIII. II. The County and the City hereby agree that the scope of the Project shall be limited to the reconstruction and rehabilitation of Boyd Road, as described in Exhibit "A," at a total estimated project cost not to exceed THREE HUNDRED EIGHTY-ONE THOUSAND AND NO/100 DOLLARS ($381,000.00). III. The County hereby agrees to contribute an amount not to exceed TWO HUNDRED THOUSAND AND NOll 00 DOLLARS ($200,000.00) toward satisfactory completion ofthe Project. IV. As required by Texas Transportation Code S251.012 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 hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. V. City of The Colony ICA - Boyd Road Page 2 of8 In performance of this Agreement, the City will be responsible for construction of the Project. VI. As the City proceeds in the completion of the Project, the City shall submit invoices on a monthly basis for reimbursement of the County's TWO HUNDRED THOUSAND AND NOll 00 DOLLARS ($200,000.00), unless otherwise authorized by the governing body of the County, to James Wells, Denton County Auditor, in care oflnnovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234, and the County shall reimburse the City fo r all expenditures related to the Project within Thirty (30) days of receipt of these invoices. Attached to this Agreement is a certification by the Denton County Auditor that the County shall include the sum in its budget not to exceed TWO HUNDRED THOUSAND AND NOll 00 DOLLARS ($200,000.00) and that this amount shall be itemized, set aside and approved by the Denton County Commissioners Court to be expended for the Project. 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. No such termination may be affected unless the defaulting party is given: (1) written notice of intent to terminate, delivered via certified mail return receipt requested, setting forth the substantial failure to perform; (2) not less than thirty (30) calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the City, the City shall reimburse the County for all invoices submitted up to and including the date of termination. Notices shall be directed as follows: City of The Colony ICA - Boyd Road Page 3 of8 For City: Honorable John Dillard, Mayor City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 Copy To: Mr. Dale Cheatham, City Manager City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 F or County: Honorable Mary Horn Denton County Judge 11 0 West Hickory Denton, Texas 76201 Copy To: Denton County Criminal District Attorney's Office Civil Division 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, 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 is a complete and exclusive statement of the terms of their agreement. This Agreement can be modified or terminated according to the provisions of Section VIII only in writing signed by both of the parties, or their duly authorized agents. x. 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 to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising by third parties. City of The Colony leA - Boyd Road Page 4 of8 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 fullest 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 ~/h daYOf~ , 2007. DENTON COUNTY, TEXAS Denton County, Texas 11 0 West Hickory Denton, Texas, 76201 CITY OF THE COLONY, TEXAS City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 By: norable John Dillard ayor of the City of The Colony By: APPROVED AS TO FORM: By: c:fr-;i (Jx~_ Assistant District Attorney By: City Attorney City of The Colony ICA - Boyd Road Page 5 of8 COUNTY AUDITOR'S CERTIFICATE I hereby certify that funds in the amount of TWO HUNDRED THOUSAND AND NOll 00 DOLLARS ($200,000.00) are available to accomplish and pay the obligation of Denton County, Texas under this Agreement. gJRfJ 1tf / 1t/6/~/fJ 'bi> City of The Colony ICA - Boyd Road Page 60f8 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project which consists of reconstruction and rehabilitation associated with Boyd Road within the City of The Colony, Texas, located in Denton County Commissioner Precinct #2, at a total estimated cost at THREE HUNDRED EIGHTY-ONE THOUSAND AND NOll 00 DOLLARS ($381,000.00) of which Denton County Texas, will contribute a sum not to exceed TWO HUNDRED THOUSAND AND NOIlOO DOLLARS ($200,000.00). Denton County, Texas, hereby gives its specific written approval of the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Chapter 791 Texas Government Code. The description of the Project to be undertaken and its location is as follows: the reconstruction and rehabilitation associated with Boyd Road in The Colony, Texas. The local government which requested the Project and with which Denton County, Texas, has contracted is the City of The Colony, Texas. By vote on this date, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document Denton County, Texas. Date: ~ - D 1 City of The Colony ICA - Boyd Road Page 8 of8