The URL can be used to link to this page

Home My WebLink AboutResolution No. 2010-025 CITY OF THE COLONY, TEXAS, RESOLUTION NO. 2010- ~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR REIMBURSING COSTS UP TO $1,000,000.00 ASSOCIATED WITH RELOCATING THE ARCHER-FREEMAN RESIDENTIAL STREET CONNECTOR LOOP TO INCLUDE DESIGN, ENGINEERING, INSPECTIONS, UTILITY RELOCATION, RIGHT-OF-WAY ACQUISITION, AND RECONSTRUCTION; 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 an Interlocal Cooperation Agreement with Denton County for reimbursement of costs associated with relocating the Archer-Freeman residential street connector loop. Section 2. That the project shall include design, engineering, inspections, utility relocation, right of way acquisition, and reconstruction of the Archer-Freeman street connector loop. Section 3. That the agreement includes reimbursement to the City of The Colony from Denton County for an amount not to exceed $1,000,000.00 (one-million dollars), and that the Mayor is authorized to execute the agreement. 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 22nd day of March, 2010. X oe McCo , Mayor ATTEST: ris ie Wilson, TRMC, City Secretary" APPROVED AS TO FORM: e Jeff Mo , City Attorney r~~°~ THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made, entered into and executed 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 corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of The Colony, Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing for all necessary design, engineering, inspection fees, right-of-way acquisition, utility relocation and construction for right-of-way acquisition and subsequent reconstruction of the Freeman/Archer Loop, located within the municipal limits of the City and Denton County Commissioner Precinct #2, hereinafter "the Project;" and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," 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 hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: ICA - The Colony - Freeman/Archer Loop Page 1 of 7 WITNESSETH: 1. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain 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 is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to all necessary design, engineering, inspection fees, right-of-way acquisition, utility relocation and construction for right-of-way acquisition and subsequent reconstruction of the Freeman/Archer Loop, located within the municipal limits of the City and Denton County Commissioner Precinct #2. III. The County hereby agrees to contribute an amount toward satisfactory completion of the Project which shall not exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The City agrees to provide all necessary design, engineering, inspection fees, right-of-way acquisition, utility relocation and additional construction required for satisfactory completion of the Project. In addition, the City is responsible for ensuring that all inspections are properly conducted for the Project. V. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, on a monthly basis and the County shall reimburse the City for all approved expenses related to the Project within thirty (30) calendar days of ICA - The Colony - Freeman/Archer Loop Page 2 of 7 receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VII. As required by Texas Transportation Code §251.012 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. VIII. 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 parry setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating parry. No such termination may be affected unless the defaulting party is given: (1) written notice of intent to terminate, setting forth the substantial failure to perform delivered via certified mail, return receipt requested; (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 County, the County shall pay all approved invoices submitted up to and including the date of termination. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations and/or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Joe McCourry, Mayor City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 ICA - The Colony - Freeman/Archer Loop Page 3 of 7 Copy To: Ms. Christie Wilson, City Secretary City of The Colony 6800 Main Street The Colony, Texas 75056 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County Criminal District Attorney's Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 X. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The County agrees and understands that the County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City. XII. The City agrees and understands that the City, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the County. XIII. The County agrees to accept full responsibility for the acts, negligence and/or omissions of all County employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the County. ICA - The Colony - Freeman/Archer Loop Page 4 of 7 XIV. The City agrees to accept full responsibility for the acts, negligence and/or omissions of all City employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the City. XV. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XVI. 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. XVII. 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 necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVIII. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. ICA - The Colony - Freeman/Archer Loop Page 5 of 7 -w Executed in triplicate originals this '~~Tdayof_ 6j~ 12010. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS I 10 West Hickory Street, 2 d Floor 6800 Main Street Denton, Texas 7 201 The Colony, Texas 75056 Texas 7 201 oe By: By: Honorable Mary Hom(/ Hono e Joe WCourry 0 Tex 0 Denton County Judge Ma r of the City of The Col '10 /a Acting by and on behalf of the authority AcZgg by and on behalf of th uth of the Denton County Commissioners Court of the City of The Colony, Texas /0 ATTEST: ATTEST: A A ~X(AD By: By: to Z City eciretary D to Clerk' lot APPROVED AS TO F APPROVED AS TO FORM: Z'\A ~y By:. B Assistant District Attorney Ci Atto e COUNTY AUDITOR'S CERTIFICATE I hereby. certify funds are available to accomplish and pay the obligation of Denton County, exas, under this Agreement. nton unty '4u'ditor 4 ICA - The Colony - Freeman/Archer Loop Page 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, with a total cost of completion to Denton County in an amount which shall not exceed ONE MILLION AND NO/ 100 DOLLARS ($1,000,000.00), which shall be reimbursed on a pro rata basis to the City of The Colony, Texas, by Denton County, Texas, herein gives its specific written approval to the Project prior to beginning the Project in satisfaction of Texas Government Code §791.014. The description of the Project to be undertaken and its location are as follows: all necessary design, engineering, inspection fees, right-of-way acquisition, utility relocation and construction for right-of-way acquisition and subsequent reconstruction of the Freeman/Archer Loop, located within the municipal limits of the City and Denton County Commissioner Precinct #2. The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of The Colony, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: Q By: Presiding Officer oft enton County Commissions Court ICA - The Colony - Freeman/Archer Loop Page 7 of 7