Loading...
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 Page 2 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 Page 8 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 Page 2 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. Page 4 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 Page 6 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 Page 7