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