RES 2000-14TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2000-14
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS
AND THE TOWN OF TROPHY CLUB, TEXAS, FOR THE PURPOSE OF
CONSTRUCTION AND MAINTENANCE OF CERTAIN ROAD
IMPROVEMENTS TO A PORTION OF MARSHALL CREEK ROAD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 791 of the Texas Government Code authorizes municipalities to
contract with other governmental entities for the performance of governmental functions and
services; and
WHEREAS, the Town Council has determined that it is in the Town's best interest to
enter into an Interlocal Cooperation Agreement with the County of Denton, Texas for the
purpose of construction and maintenance of certain road improvements to a portion of Marshall
Creek Road.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Mayor of the Town of Trophy Club is hereby authorized to
execute an Interlocal Cooperation Agreement with the County of Denton, Texas, for the purpose
of construction and maintenance of certain road improvements to a portion of Marshall Creek
Road.
Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto as Exhibit A and incorporated herein.
Section 3. That this resolution shall become effective from and after its date of
passage in accordance with law.
Q UOWNSECTENDING RESOLUTIONSWARSH CRK AGREEMNT 7-18-00u0C
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
on this the 18th day of July, 2000.
U(�' J,.v�
Marshall Engelbeck, Mayor
Town of Trophy Club, Texas
ATTEST:
Diane Cockrell, To Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
Town Att4neyJ
Town of Trophy Club, Texas
Q:CPOWNSEOPENDING RESOLUTIONS\MARSH CPK AGREEMNT 7-18-00 DOC
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INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into the date upon which all parties
signed this document, by and between Denton County, Texas, a political subdivision of the
State of Texas, hereinafter referred to as the "COUNTY", and the Town of Trophy Club,
political subdivision/entity located within Denton County, Texas, duly organized and
authorized tinder the laws of the State of Texas, hereinafter referred to as the "TOWN" for
purposes of the construction and maintenance of certain road improvements, hereinafter
referred to as the "PROJECT"
WHEREAS, the COUNTY and the TOWN mutually desire to be subject to the
provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act;
and
WHEREAS, the TOWN has plans for the reconstruct of a portion of Marshall
Creek Road (the "Road") within the Tov4-n's municipal boundaries; and
WHEREAS, the Road is an integral part of the County's road and transportation
system_ and
WHEREAS, it is deemed to be in the best interest of the citizens of the TOWN and
the COUNTY that said entities do enter into a mutually satisfactory agreement by means of
which the TOWN may secure the improvement of its streets and assume maintenance
thereof after completion of the improvements.
NOW, THEREFORE, COUNTY AND TOWN, for the mutual consideration
hereinafter stated, agree and understand as follows:
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For the purposes and consideration herein stated, the PROJECT is described as
follows: The reconstruction of such portion of Marshall Creek Road within the TOWN
limits, as the Town determines, in its sole discretion, it has funds available therefore herein
defined as the "PROJECT". The TOWN shall acquire all right-of-way which it believes is
necessary for the PROJECT. The TOWN shall determine the construction schedule for the
Project and shall oversee the construction of the PROJECT. The TOWN shall fund 100%
of all right-of-way acquisitions, engineering costs and road construction expenses for the
completion of the PROJECT as set forth in this Agreement to the extent the Town, in its
sole discretion, has funds available therefore. The Town shall have no obligation to
reconstruct the entire Road, or to expend any amount in excess of the Construction Fund
on the Project.
In performance of this agreement, the COUNTY agrees to reimburse the TOWN
SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($750,000.00) of the cost and
expense of the PROJECT (the "Construction Fund"), from the 1999 Better, Safer Roads
Bond Program, to be payable within thirty (30) days of receipt of any paid invoice. The
TOWN also agrees to fund and perform all necessary maintenance on the PROJECT once
completed. -
The COUNTY agrees to and accepts full responsibility for any breach or non-
performance by it of this Agreement as well as 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.
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IV.
The TOWN agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all TOWN employees and agents, subcontractors, and/or contract laborers,
and for those of all other persons doing work under a contract or agreement with the
TOWN.
V.
The COUNTY understands and agrees that the COUNTY, its employees, servants,
agents and representatives shall at no time represent themselves to be employees, servants,
agents and/or representatives of the TOWN. The TOWN understands and agrees that the
TOWN, its employees, servants, agents, and representatives shall at no time represent
themselves to be employees, servants, agents and/or representatives of the COUNTY.
V1.
This agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the COUNTY nor the TOWN waives, nor shall be deemed
hereby to waive, any inuuunitc or defense that would otherwise be available to it against
claims arising by third parties.
Vll.
This agreement represents the entire agreement between the COUNTY and the
TOWN 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 TOWN or those authorized to sign on
behalf of those governing bodies.
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