Loading...
20-1081S:\Legal\Our Documents\Ordinances\20\Argy1e ILA Ordinance - redline.docx ORDINANCE NO. 20-1081 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE TOWN OF ARGYLE, TEXAS, FOR THE PURPOSE OF PROVIDING FOR ALL NECESSARY ENGINEERING, RIGHT-OF-WAY ACQUISITION, UTILITY RELOCATION, AND CONSTRUCTION ASSOCIATED WITH THE RECONSTRUCTION OF THE CRAWFORD ROAD PROJECT, WHEREIN THE CITY OF DENTON AGREES TO CONTRIBUTE AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") and the Town of Argyle ("Town") mutually desire to enter into an agreement for the purpose of providing for all necessary engineering, right-of-way acquisition, utility relocation, and construction associated with the reconstruction of Crawford Road as a 2 -lane undivided rural arterial with left -turn lanes at key intersections, from IH -35W to US 377, located within the municipal limits of the Town and Denton County (hereinafter "Project"); and WHEREAS, City and Town mutually desire to be subject to the provisions of Texas Government Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for a local government to contract with one or more local governments or other state agencies to perform governmental functions and services under the terms of the Act; and WHEREAS, the Project provides a governmental function or service that both City and Town is authorized to perform individually; and WHEREAS, City and Town value the timely completion of the Project which involves roads that provide access to residents of the City and is an integral part of the roadway network system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The Mayor, or his designee, is hereby authorized to execute the Interlocal Cooperation Agreement with the Town of Argyle, Texas under Section 791 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and agreements to be performed by the City under the Agreement, including the expenditure of funds. S:\Legal\Our Documents\Ordinances\20\Argy1e ILA Ordinance - redline.docx SECTION 4. This ordinance shall become effective immediately upon its passage and approval. T e motion to approve this ordinance was made by . j d seconded by _ the ordinance was passed and approved by the following vote L� - 0 1 Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this theday of , 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATT RNEY BY: H DocuSign Envelope ID: CC74ED88-EFF9-4131-B89F-23140C4CE693 STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF ARGYLE TEXAS THIS AGREEMENT is made and entered into by and between the City of Denton, a Texas home -rule municipal corporation (hereinafter "City") and the Town of Argyle, Texas, a general law municipality (hereinafter "Town"). City and Town are referred to individually as "Party" and are collectively referred to herein as "Parties." WHEREAS, City and Town mutually desire to enter into this Agreement for the purpose of providing for all necessary engineering, right-of-way acquisition, utility relocation, and construction associated with the reconstruction of Crawford Road as a 2 -lane undivided rural arterial with left -turn lanes at key intersections, from IR -35W to US 377, located within the municipal limits of the Town and Denton County (hereinafter "Project"); and WHEREAS, City and Town mutually desire to be subject to the provisions of Texas Government Code Chapter 791, the Interlocal Cooperation Act, which provides authorization for a local government to contract with one or more local governments or other state agencies to perform governmental functions and services under the terms of the Act; and WHEREAS, City and Town value the timely completion of the Project which involves roads that provide access to residents of the City and is an integral part of the roadway network system, and the Parties are undertaking the Project to facilitate safe travel on an improved roadway. NOW THFREFORE, this Agreement is hereby made and entered into by the City and the Town upon and for the mutual consideration stated herein: I. This Agreement becomes effective when signed by the last Party whose signing makes the respective Agreement fully executed and continues until completion of the Project and payment of all outstanding invoices related thereto, unless earlier terminated as provided herein, II. Pursuant to Texas Government Code §791.011, the City and the Town hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads, and drainage. The purpose ofthis Agreement is to provide a governmental function or service that each Party is authorized to perform individually. Page 1 of 4 DocuSign Envelope ID: CC74ED88-EFF9-4131-B89F-23140C4CE693 The City and the Town hereby agree that the scope of the Project shall be limited to providing for all necessary engineering, right-of-way acquisition, utility relocations, and construction associated with the reconstruction of Crawford Road as a 2- lane undivided rural arterial with left -turn lanes at key intersections, from IH -35W to US 377, at a total project cost of THREE MILLION FOUR HUNDRED SIXTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,463,600.00). IV. The City hereby agrees to contribute an amount which shall not exceed TIIREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) toward satisfactory completion of the Project. V. The Town hereby agrees to contribute an amount which shall not exceed ONE MILLION TWO HUNDRED THOUSAND AND N01100 DOLLARS ($1,200,000.00) and to provide all necessary engineering, right-of-way acquisition, utility relocations, and construction required for satisfactory completion of the Project. In addition, the Town will provide all inspections of the Project. VI. The Town shall be responsible for the acts, negligence, and/or omissions of all Town employees, agents, subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement with Town. VII. The City shall be responsible for the acts, negligence, and/or omissions of all City employees, agents, subcontractors, and/or contract laborers and for all other persons doing work under a contract or agreement with the City. VIII. This Agreement is not intended to extend the liability of the Parties beyond that provided by law. Neither Town nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. IX. 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 Denton County, Texas. The Parties agree that the venue for any dispute arising from the obligations ofthis Agreement shall be heard in Denton County, Texas. 0 Page 2 of 4 DocuSign Envelope ID: CC74ED88-EFF9-4131-B89F-2314OC4CE693 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. XI. 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 patty hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. X11. This Agreement represent the entire agreement between Town and the City and supersedes all prior negotiations, representations, and/or agreements, either written or oral, with respect to the subject matter hereto. This Agreement may be amended only by written instrument signed by the governing bodies of both Town and the City or those authorized to sign on behalf of those governing bodies. X1II. This Agreement may be terminated in whole, or in part, by the City or the Town upon thirty (30) days written notice to the other party. In the event of termination by the City, the City shall pay all approved invoices submitted up to and including the date of termination. XIV. This Agreement may be amended only by written instrument signed by both Parties. Notices shall be directed as follows: For City: Honorable Chris Watts, Mayor City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Copy To: Mr. Todd Hileman, City Manager City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 For Town: Honorable Donald Moser, Mayor Town of Argyle, Texas Pd Box 609 Argyle, Texas 76226 Copy To: Town Manager Town of Argyle, Texas PO Box 609 Argyle, Texas 76226 Executed this 23 day of jiinp 2020. Page 3 of DocuSign Envelope ID_ CC74ED88-EFF9-4131-B89F-23140C4CE693 Town of Argyle, Texas PO Box 609 Argyle, Texas 76226 :�� By: Honorab onal oser, Mayor APPROVED AS TO LEGAL FORM: Town Attorney The City of Denton 215 E. McKinney Street Denton, Texas 76201 By: 1--Z VVVvAA Honorable Chris Watts, Mayor ATTEST: ROSA R.IOS, CITY SECRETARY By: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Docu5igned by: CEWM4E4B6745 ... Signature Deputy City Engineer Title Engineering capital Projects Department 6/17/2020 Date Signed: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY A-170 NEY By: %00 F D EA105. ,�'�� dF S. .• ••�j Ott' �••'......�••f • PC6 Page 4 of 4