Loading...
ST9904-CS001023 THE CITY OF COPPELL October 23', 2000 James A. Wells, County Auditor Denton County P.O. Box 2055 Denton, Texas 76202~2055 RE: S.H. 121 Project # ST 99-04 (Tarrant Co. to Collin Co.) Dear Mr. Wells: This letter is written in response to an invoice sent recently to Jennifer Armstrong, Director of Finance for the City of Coppell, requesting payment of $400,000 per the February 1, 2000 Interlocal Agreement between the City of Coppell and Denton County. I have included a copy of the referenced agreement and draw your attention to Section II on page 2, which states: "The City hereby agrees to pays, when the Project reaches priority 2, the County the sum of Two Million Dollars ($2,000,000.00) (the "City commitment") payable in annual installments of Four Hundred Thousand Dollars ($400,000.00) on or before October 1 of the year priority 2 is reached and each October I thereafter until fully paid." The "Project"as referenced is identified as Section 13 of State Highway 121, CSJ-364-2-17 and 364-3-64, which is generally situated between the cities of Coppell and Grapevine. In the most recent meeting I attended concerning S.H. 121 on October 11, 2000, I inquired of John Polster, with ITS, the current status of Section 13. Mr. Polster indicated that Section 13 has not yet received environmental clearance and probably will not receive environmental clearance until sometime in mid-2002. The receipt of environmental clearance allows a project to move from a long- range project to a priority 2 project. Because the project will not reach priority 2 status during the year 2000, no payment will be made for the year 2000. If the project receives environmental clearance and moves from a long-range project to propriety 2 status by mid-2001 then the city's first $400,000 payment will be made to Denton County on or before October 1, 2001. With this letter I have included a copy of the Interlocal Cooperation Agreement and a copy of the original invoice. If you should have any questions or need any additional information please feel free to contact me at 972/304-3686. Sincerely , Kenneth M. Griffin, P.E. Director of Engineering and Public Works Cc: Jim Witt, City Manager Jennifer Armstrong, Finance Director John Polster, ITS 255 PARKWAY , PO.BOX 476 , COPPELL TX 75019 , TEL 972/462 0022 , FAX 972/304 3673 RECEIVED STATE OF TEXAS ,El FEB 0 § RECORDS CENTER COUNTY OF DENTON ~i CITY OF COPPELL INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into as of the 1st day of February, 2000, by and between the City of Coppell ("City"), acting by and through its ~ Denton County, Texas (the "County"). WITNESSETH: WHEREAS, the County and the City desire to enter into an agreement for the design, construction and improvement of Section 13 of State Highway 121, CSJ-364-2-17 and 364-3-64 (the "Project"). WHEREAS, the Interlocal Cooperation Act, codified as V.T.C.A., Government Code, Chapter 791 (the "Act"), provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the County has filed an application with the Texas Department of Transportation to obtain a $I0,000,000 loan from the State Infrastructure Bank (the "SIB Loan") to fund a portion of the Project, including, particularly the engineering therefore; WHEREAS, the City has heretofore expressed its support of the Project and the funding of a portion of the costs of said Project; WHEREAS, to enable the County to perform certain functions related to the Project, the City has heretofore agreed to pay to the County a total amount of $ 2,000,000 payable in five equal annual installments of $ 400,000 each as hereinafter provided; WHEREAS, the parties hereto agree that if the SIB Loan is not made or the conditions provided herein have not been met on or before October 1, 2000, the City reserves the right to withdraw its commitment under this Agreement; WHEREAS, the City and the County have both found and determined and do hereby find and determine that the Project is in the best interests of the citizens of both the City and the County; NOW, THEREFORE, in consideration of the premises and covenants herein contained, the City and the County agree as follows: INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPPFT I, -PAGE 1 30752 I. The provisions of this Agreement contained in the preambles set forth above are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall become and are hereby made a part of this Agreement for all purposes. II. The City hereby agrees to pay, when the Project reaches priority 2, the County the sum of Two Million Dollars ($2.000,000.00) (the "City Commitment") payable in annual installments of Four Hundred Thousand Dollars ($400,000.00) on or before October 1 of the year priority 2 is reached and each October 1 thereafter until fully paid. The County agrees to provide and perform governmental functions and services as permitted by the Act in connection with the Project. In addition, the City reserves the fight to withdraw and cancel the City Commitment in the event the County has not received the SIlt Loan proceeds by or before October 1, 2000. NO interest shall be charged to the City in connection with the installment payments of the City Commitment. The City hereby reserves the right to prepay the City Commitment at any time during the term of this Agreement, without penalty. In the event the Project does not achieve priority one status by TXI)OT by October 1, 2002, the City shall be refunded any payments made under the terms of this Agreement. III. The City Commitment shall be paid only from current revenues of the City as those revenues exist from time to time. IV. This Agreement shall be for a term of six (6) years or until the City Commitment is paid in full, whichever is less. This Agreement may not be amended or modified without the prior written consent of both the City and the County. VI. If any clause, provision or section of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect any of the remaining clauses, provisions or sections hereof. INTERLOCAL COOPERATION A~REEMENT BETWEEN DENTON COUNTY AND CITY OF COPPELL -PAGE 2 30752 VII. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same documents. VIII. This Agreement shall be governed in all respects by the laws of the State of Texas. IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed by their duly authorized representatives pursuant to [ordinance or resolution ] number _ __ of the City and Commissioners Court Order No.00-0063. DENTON COUNTY, TEXAS CITY OiCOPPELL, TEXAS r Wilson, Denton County lu.d.g,?,. 2.:~~7!~% Candy SheJhan, Mayor } beputy7 county Clerk 'L/ ~' .......... " "Libby Bal, Ciiy SEcretary - .,'.l Assistant District Attorney 7 l~obert E.'I--I~ier,~ty Attorney INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPPELL -PAGE 3 30752 DENTON COUNTY ~OURTHOUSE ANNEX ~ COUNTY AUDFrOR (940) 565-8575 401 W. H/CKORY, STE. 423 C~'Lr~. ACCOUNTS PAYABLE (940} ~5-~81 DENTON, 'IX 76201 :' INTERNAL AUDIT (940) ~5-&579 COLLECTIONS (940) 565-8577 FAX (940) 565-8681 DENTON COUNTY AUDITOR JAMES A. WELLS, C.P.A. October 5, 2000 Jennifer Armstrong Finance Department City of Coppell P.O. Box 478 Coppell, Texas 75019 Ms. Armstrong: Per the terms of our Interlocal Agreement dated February 1, 2000, please remit payment of $400,000.00 to the County for the October 2000 required annual payment for the SH121 Expansion project. Please remit payment to: James A. Wells, Denton County Auditor PO Box 2055 Denton, Texas 76202-2055 Please phone our office at metro (940) 320-1006 with any questions. James A. Wells Denton County Auditor