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Home My WebLink About1997-222ORDINANCE NO - AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OF DENTON, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF DENTON A SUPPLEMENTAL AGREEMENT TO CONTRACT NO 182XXM5013, SAID CONTRACT IS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AND IS ENTITLED "AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY", THE SUPPLEMENTAL AGREEMENT IS ENTITLED SUPPLEMENTAL AGREEMENT "04" AND SHALL AMEND EXHIBIT "I" OF THE ABOVE CONTRACT BY ADDING THE TRAFFIC SIGNAL AT I H 35E AND McCORMICK STREET, SUCH SUPPLEMENTAL AGREEMENT SHALL FURTHER AMEND ARTICLE "4" OF THE CONTRACT, ENTITLED "COMPENSATION", BY INCREASING THE REIMBURSEMENT FOR THE CITY'S MAINTENANCE COSTS FOR THIS TRAFFIC SIGNAL AT I H 35E AND McCORMICK STREET, PROVIDING A SAVINGS CLAUSE, PROVIDING A REPEAL CLAUSE, AND DECLARING AN EFFECTIVE DATE WHEREAS, On the 26 h day of November, 1991, an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality was entered into by and between the Texas Department of Transportation and the City of Denton, and subsequently identified as contract No 182XXM5013, WHEREAS, the parties to this agreement have mutually determined that it is necessary to amend the original agreement to reflect an additional traffic signal location and additional compensation for maintenance of such traffic signal by the City of Denton, WHEREAS, the City Manager for the City of Denton is the chief executive officer and the head of the administrative branch of the city government and is authorized to execute this agreement on behalf of the City of Denton, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the city manager is hereby authorized on behalf of the City of Denton to execute a supplemental agreement, entitled supplemental agreement "04" to contract #182XXM5013 entitled "Agreement For The Installation And Reimbursement For The Operation And Maintenance Of Traffic Signals Within A Municipality", said supplemental agreement shall amend Exhibit "l" of the above contract by adding the traffic signal location of I H 35 E and McCormick Street to the list of signal locations contained in exhibit "l, all provisions of this contract and exhibit not specifically changed herein shall remain in full force and effect ECS TION II That such supplemental agreement shall further amend the above contract under a{ticle "4", entitled "compensation", by increasing the reimbursement for the City's maintenance costs for the traffic signal at I H 35E and McCormick Street, that the maximum amount payable under this agreement is increased from $12,577 88 per year to $14,319 88, all provisions of this contract and exhibit not specifically changed herein shall remain in full force and effect SECTION III That if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable SECTION IV That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect SECTION V That tlus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1997 JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY W APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY OR Contract No 182XXM5013 SUPPLEMENTAL AGREEMENT NO. 04 TO AGREEMENT FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY WHEREAS, on the 26th day of November , 19 91 , an Agreement for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals within a Municipality was entered into by and between the Texas Department of Transportation, hereinafter called the"State," and the City of Denton , hereinafter called the "City," and subsequently identified the agreement as contract No 182XXM5013 and WHEREAS, the parties to this agreement have mutually determined that it is necessary to amend the ongtnal agreement due to the following reason/msons NOW, THEREFORE, Contract No 182XXM5013 is amended as follows EXHIBIT I EXHIBIT 1 is amended to add/delewhe traffic signal(s) installation(s) at the intersection(s) of IH35E and McCormick A copy of the revised EXHIBIT I is attached hereto and made a part of this agreement Article 4 Compensation The maximum amount payable under this agreement is mcreased/denea from $12.577 88 per year to $14,319 88 per year in accordance with the above changes Calculations for the increase/doeFease to the maximum amount payable areas follows AMOUNT OF THIS SUPPLEMENTAL AGREEMENT ORIGINAL MAXIMUM AMOUNT PAYABLE PER YEAR TOTAL PREVIOUS SUPPLEMENTAL AGREEMENTS REVISED MAXIMUM AMOUNT PAYABLE PER y EAR SUPPLEMENTAL - LOCATION I of 2 TRAFFIC SIGNAL - TYPE R $ 1,74200 $ 068 00 $ 5,60988 $ 1431988 8-96 ARTICLE 5 Payment The amount of this supplemental agreement shown above shall be a prorated amount based on the cost for the type of installation calculated on EXHIBIT 3 of the onginal agreement and any increases or decreases caused by any subsequent supplemental agreements The (ffieBd4y/ quarterly/anwai) payment shall be adjusted accordingly All other terms or conditions are unchanged and remain in full force and effect IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT The City of Denton / % L. _ / / D. i THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Stand Alone Manual Notice 96-3, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission SUPPLEMENTAL - LOCATION 2 of 2 8-96 TRAFFIC SIGNAL - TYPE R EXHIBIT l Signalized intersections on State Highways located with the City of Denton LOCATION TYPE OF SIGNAL 1 I H 35E @ Loop 288 Diamond Interchange with one controller 2 I H 35E @ F M 2181 Diamond Interchange with one controller 3 I H 35E @ US 377 Diamond Interchange with one controller 4 I H 35E @ U S 380 Diamond Interchange with one controller 5 I H 35E @ Avenue D Diamond Interchange with one controller 6 I H 35E @ F M 1515 7 I H 35 @ U S 77 Diamond Interchange with one controller 8 I H 35E @ U S 77 Flashing Beacon 9 I H 35E @ McCormick Diamond Interchange with one controller EXHIBIT 1 - LOCATION 1-I 8-96 TRAFFIC SIGNAL - TYPE R