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.
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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
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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.
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DocuSign Envelope ID_ CC74ED88-EFF9-4131-B89F-23140C4CE693
Town of Argyle, Texas
PO Box 609
Argyle, Texas 76226
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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:
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