RES 2000-38TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2000-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE
TOWN OF TROPHY CLUB, TEXAS, AND DENTON COUNTY, TEXAS,
PROVIDING TERMS AND CONDITIONS FOR THE CONSTRUCTION OF
A TEMPORARY EMERGENCY VEHICLE ACCESS ROAD CONNECTING
INDIAN CREEK DRIVE TO WESTBOUND STATE HIGHWAY 114;
AUTHORIZING ITS EXECUTION BY THE TOWN MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes governmental entities to contract with each other to perform government
functions and services under the terms thereof, and
WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation
Agreement by and between the Town of Trophy Club, Texas, and Denton County, Texas,
providing terms and conditions for the construction of a temporary emergency vehicle access
road connecting Indian Creek Drive to westbound State Highway 114, a substantial copy of
which is attached hereto as Exhibit "A" and incorporated herein (hereinafter called
"Agreement"); and
WHEREAS, upon full review and consideration of the Agreement, and all matters
attendant and related thereto, the Town Council is of the opinion that the terms and conditions
thereof should be approved, and that the Town Manager should be authorized to execute it on
behalf of the Town of Trophy Club.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. The terms and conditions of the Agreement, having been reviewed by the
Town Council of the Town of Trophy Club and found to be acceptable and in the best interest of
the Town of Trophy Club and its citizens, are hereby in all things approved.
Section 2. The Town Manager is hereby authorized to execute the Agreement and all
other documents in connection therewith on behalf of the Town of Trophy Club, substantially
according to the terms and conditions set forth in the Agreement.
Section 3. This Resolution shall become effective immediately upon its passage.
RESOLUTION NO. 2000-38
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 5th day of December, 2000.
�4��
Marshall ngelbeck, Mayor
Town of Trophy Club, Texas
ATTEST:
Diane ockrell, To ecretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
JEFF KRUEGER f rCouNpy
PRECINCT 1 -
fw
SANDYJACOBS*I18Jff
PRECINCT 2
DENTON COUNTY COMMISSIONERS COURT
JUDGE SCOTT ARM EY
December 12, 2000
Town of Trophy Club Mayor
Attn: Marshall Engelbeck
100 Municipal Drive
Trophy Club, Texas 76262
Re: Contract
Dear Mr. Engelbeck,
BOBBIE J. MITCHELL
PRECINCT 3
JIM CARTER
PRECINCT 4
On Tuesday, December 12, 2000 the Denton County Commissioners Court approved a) the
Project for Temporary Emergency Vehicle Access Road, and B) the Interlocal Cooperation Agreement
between the Town of Trophy Club, Texas and Denton County for a Temporary Emergency Vehicle Access
Road.
Enclosed is an original document. If you have any questions please contact, Mrs. Barbara Looper,
Aide to the Court, at 940/565-8653.
Sincerely,
—e�"
Scott Armey
Denton County Judge
Cc: Bob Schell, Asst. D.A.
Jim Carter, Comm. Pct. 4
Commissioners Court
COURTHOUSE ON THE SQUARE * 110 W. HICKORY * DENTON, TEXAS 76201
(940)320-4831 * (800)346-3189 * FAX (940)382-0845
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
PROTECT
The COUNTY OF DENTON, acting by and through its County
Commissioners Court, having been advised of a project requiring the
construction of a temporary emergency vehicle access road under an
Interlocal Contract, herein gives its specific written approval of the project
prior to beginning the project in satisfaction of the requirements of V.T.C.A.,
Government Code, Chapter 791, the Interlocal Cooperation Act, Section
791.014.
The description of the type of project to be undertaken and its location
are as follows: construction of a temporary emergency vehicle access road for
and within the Town of Trophy Club, connecting Indian Creek Drive to
westbound State Highway 114, and the subsequent removal of the road upon
notification by the Town of Trophy Club.
The local government which requested the project and with which the
County of Denton has contracted is the Town of Trophy Club.
By vote on this date, the Commissioners Court has approved the
project identified above and authorized execution of this document by the
presiding officer on behalf of Denton County, Texas.
By:
Presiding Officer of the Denton
County Commissioners Court
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INTERLOCAL COOPERATION AGREEMENT
BETWEEEN DENTON COUNTY, TEXAS AND
THE TOWN OF TROPHY CLUB, TEXAS
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, a political subdivision/ entity located within Denton
County, Texas, duly organized and authorized under 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 construction of a temporary
emergency vehicle access road (the "Road") within the TOWN's municipal
boundaries; and as described on Exhibit "A", hereinafter referred to as the
"PROJECT."
WHEREAS, the Road is necessary to ensure prompt Fire, Medical, and
Law Enforcement emergency response due to certain road closures as a result of
State Highway improvements; 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 construction of the
Road.
Page 1
NOW, THEREFORE, the COUNTY and the TOWN, for the mutual
consideration hereinafter stated, agree and understand as follows:
I.
For the purposes and consideration herein stated, the PROJECT is
described as follows: The construction and subsequent removal of a temporary
emergency vehicle access road within the TOWN limits, connecting Indian
Creek Drive to westbound State Highway 114. The TOWN shall acquire all
temporary easement dedications and rights-of-way necessary for the PROJECT.
The COUNTY shall determine the construction schedule, supervise, inspect, and
provide the material, equipment and labor for 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. The TOWN also agrees to fund and perform all necessary
maintenance on the PROJECT once completed. The COUNTY will remove the
roadway from the property upon notification by the TOWN, in exchange for
ownership of all materials utilized for the roadway construction.
II.
In performance of this agreement, the TOWN agrees to reimburse the
COUNTY SIX THOUSAND FIVE HUNDRED SD(TY - TWO AND NO/100
DOLLARS ($6,562.00) of the cost and expense of the PROJECT (the
"Construction Fund"), from their current revenues, to be payable within thirty
(30) days of receipt of any invoice. The costs for the PROJECT are itemized on
Exhibit A, which is attached hereto and made part hereof by this reference.
The TOWN 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 TOWN employees and agents, subcontractors, and/or
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contract laborers, and for those of all other persons doing work under a contract
or agreement with the COUNTY.
IV.
The 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 TOWN.
V.
The COUNTY 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. The
TOWN 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.
AAI
This agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither the TOWN nor the COUNTY 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.
VII.
This agreement represents the entire agreement between the TOWN and
the COUNTY 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 TOWN and the
COUNTY or those authorized to sign on behalf of those governing bodies.
Page 3
VIII.
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 the
incorporated area of Denton County, Texas.
113
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.
X.
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.
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EXECUTED in duplicate originals.
DENTON COUNTY, TEXAS
? I
V
Hon. 3C.®7 R me Lt
Denton County Judge
Acting on behalf of and by
authority of the
Court of Denton
ATTEST:
NER,S
TOWN OF TROPHY CLUB,
TEXAS
Marshall Engelbeck
Town of Trophy Club Mayor
Acting on behalf of and by
authority of the Town of Trophy
lub, Texas.
.o=
v, �c .......... ',1111 410
By: d1-1By:
Cynthia Mitchell Diane Cock ell
Deputy, County Clerk
APPROVED AS TO FORM:
By:
As stant District Attorney
Town Secretary
APPROVED AS TO FORM:
By
Town Attorney
Page 5
EXHIBIT "A"
DENTON COUNTY DEPARTMENT OF PUBLIC WORKS
ROAD AND BRIDGE DIVISION
TROPHY CLUB TEMPORARY EMERGENCY ACCESS ROAD PROJECT
MATERIAL COST DETAIL
MATERIAL
QUANTITY
COST
Concrete Saw
1
$100.00
Flexbase
456 tons
$3,885.00
Water
Prime (AEP)
175 gallons
$156.00
CRS -2
734 gallons
$741.00
Cover Rock
23 tons
$320.00
24" Culvert
48 feet
$351.00
24" Band
1
$10.00
6:1 Safety Ends
2
$281.00
Concrete Rip -Rap
$468.00
Sign Rental
Fuel
$250.00
TOTAL $6,562.00
` Trophy Club will supply both the water and traffic control signs required for this project.
` The COUNTY will remove the road upon notification by the Town in exchange for the
roadway materials
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AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of SIX
THOUSAND FIVE HUNDRED SIXTY - TWO and NO/100 DOLLARS
($6,562.00), to accomplish and pay the obligation of the TOWN OF TROPHY
CLUB under this contract.
By' Z mX q-/ l ✓ ' r -
TOWN OF TROPHY CLUB
Finance Officer
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