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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 r 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: Page I of 5 T 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. Page 2 of 5 T 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. Pale 3 of 5