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22-953DocuSign Envelope ID: 14D6F46F-47DB4CF6-81814E87DD34698D ORDnIANCE NO. 22-953 AN ORDNANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON INDEPENDENT SCHOOL DISTRICT (DISD) FOR THE WIDENING OF RINEYROAD AS AN ADDENDUM TO THE BONNUE BRAE PHASE 6 PROJECT, FOR WHICHFUNDS WEL BE PROVE)ED FOR BY DISD. WHEREAS, the City of Denton (“City”) and Denton ISD (“DISD”) have the authority to perform the services individually and who mutually desire to enter into an interlocal agreement, as provided for in Chapter 791.032 of the Texas Government Code; and WHEREAS, DISD has begun construction of the new Denton High School just east of Bonnie Brae street, and will soon be constructing a roadway, Bronco Way, on the north side of such property that will intersect with Bonnie Brae; and WHEREAS, immediately to the east of the intersection of Bonnie Brae and Bronco Way is Riney Road, upon which DISD has recently purchased real estate for future use as the site of an educational facility; and WHEREAS, DISD desires to widen Riney Road, situated on the north-east corner of Bonnie Brae and Riney Road, to accommodate traffic in support of the new educational facility, general public and. CITY utility access; and WHEREAS, DISD, seeking to be best prepared for a new educational facility on Riney Road, desires to join the CITY for the widening of Riney Road to extend to the eastern boundary of the newly purchased DISD real estate; and WHEREAS, CFFY and DISD desire to pool their resources, avoid unnecessary or duplicative expense, and take advantage of maximizing economies of scale, resulting in cost savings; and WHEREAS, DISD has retained, and shall continue to retain, the services of RPS Infrastructure, Inc. for professional engineering services for roadway and drainage improvements for Riney Road from Bonnie Brae to approximately 1200 feet east of Bonnie Brae; and WHEREAS, Upon the City engaging services of a contractor for the widening of Riney Road, and City approving DISD engineer’s Opinion of Probable Construction Cost (“OPCC'’), DISD shall inform CITY of the estimated cost to the CITY for construction and related expenses for the widening of the roadway and storm drainage facilities from the western boundary of DISD property to the eastern boundary of DISD property; and WHEREAS, within ten (10) days of approval of the OPCC by both parties, DISD shall deposit the agreed upon amount (“Agreed Upon Costs”) with the CITY. The Funds provided by DISD shall be available to the CITY to pay for the construction, design, and related costs of the Project, and the CFFY, in its sole discretion, is entitled to use, at any time, all or a portion of the Funds in connection with the construction of the Project. The CITY shall be entitled to any andall interest, if any, that may accrue on the Funds and such interest shall be considered as funds provided by DISD. Page 1 DocuSign Envelope ID: 14D6F46F-47DB4CF6-8181-4E87DD34698D WHEREAS, City staff has identified and prioritized the need of the reconstruction Riney Road as part of the Bonnie Brae Phase 6 Project; and WHEREAS, the City Council of the City of Denton believes it to be in the best interest ofthe citizens of Denton to enter into the Interlocal Agreement between the City of Denton and Denton Independent School District for the widening ofRiney Road as an addendum to the Bonnie Brae Phase 6 Project; NOW, THEREFORE, THE COUNCIL OF THE crrY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated by reference. SECTION 2. The City Council hereby approves and authorizes the City Manager to execute the Interlocal Agreement for the widening ofRiney Road as an addendum to the Bonnie Brae 6 Project , for which funds will be reimbursed by Denton Independent School District. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made byand seconded by VtdKt BL\ray , the ordinance was passed and approved bythe following vote ED] : Aye V‘ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 :V/ ,/Brian Beck, District 2: Jesse Davis, District 3 :,/ 1/Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : V/ b/Chris Watts, At Large Place 6: PASSED AND APPROVED this th,_'pday of June Page 2 , 2022 DocuSign Envelope ID: 14D6F46F-47DB4CF6-8181-4E87DD34698D .f=J%at„„,..ATTEST: ROSA RIOS, CITY SECRETARY 1\\\t 1111111 22//22 APPROVED AS TO LEGAL FORM:MACK REPqWAND, CITYATTORNEY SWay IIBY Page 3