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Home My WebLink About1999-217NCH WUVOLIUhpMdnpNALW rWwm UY Minwnn\9Y MdWTWH MUM&P Px11I11GGw ORDINANCE NO AN ORDINANCE AMENDING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY ADOPTED PER ORDINANCE NO 98-115 TO PROVIDE FUNDING FOR BELL AVENUE IMPROVEMENTS IN ADDITION TO FUNDING FOR THE CONSTRUCTION OF OFF-STREET PARKING TO REPLACE PARKING LOST BY THE EXPANSION OF U S HIGHWAY 380 AND A JOGGING TRAIL, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the Amended Interlocal Agreement attached hereto, between the City of Denton and Texas Woman's University to provide funding for Bell Avenue improvements in addition to funding for the construction of off-street parking to replace parking lost by the expansion of U S Highway 380 and a Jogging Trail, and authorizes the Mayor to execute said amended Interlocal Agreement SECTION II That the City Council authorizes the expenditure of funds in the manner and amount specified in the amended Interlocal Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the !E day of 1999 l JA LER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By rc/�� c�fccP� INTERLOCAL AGREEMENT AMENDMENT 71 � �gg y THIS AMENDED AGREEMENT is made and entered into this 15 day of June, 1999, by and H tZEetween the CITY OF DENTON, a Texas municipal corporation, hereinafter referred to as CITY, and to the EXAS WOMAN'S UNIVERSITY, a state -supported university organized and existing pursuant $� aws of the State of Texas, hereinafter referred to as TWU desire to agreement entered into the WHEREAS, CITY and TWU mutually amend an interlocal H 8" day of April 1998, according to provisions of V T C A Government Code, Chapter 791, the Interlocal ooperation Act, for the purpose of constructing parking and recreational facilities to be used by both ►^ dents, faculty and administration of TWU and citizens of the CITY WHEREAS, the CITY and TWU desire to expand this agreement to include pedestrian and traffic improvements to Bell Avenue consisting of median construction and relocation of signals, and WHEREAS, these improvements will eliminate all the existing parking on the west side of TWU direction, during the time when Bell Avenue is one -lane in -each nd i WHEREAS, it is also the desire of TWU and the CITY to expand the par ing facihhes that the CITY originally agreed to build, and WHEREAS, TWU is desirous of using part of the CITY's contribution for the Jogging Trail to make additional improvements to the parking areas, and WHEREAS, TWU agrees to make up the transfer of funds from the Jogging Trail from its own revenue, and WHEREAS, by doing this the CITY's total obligation to TWU continues to be the same ($250,000) as in the original agreement, NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants hereinafter expressed, agree that the Interlocal Agreement executed April 28, 1998, per Ordinance No 98-115 is amended so that hereafter same shall be and read as follows ARTICLE ONE 10 The 132 Parking Spaces to be constructed pursuant to this agreement, hereinafter referred to as "Parking Facilities, shall be located at such location as is designated by TWU and by CITY within 90 days of the approval of this agreement by the parties The Jogging Trail to be constructed pursuant to this agreement, hereinafter referred to as "Trail", shall be located at such location as is designated by TWU and approved by CITY within 5 years of the approval of this agreement amendment by the parties CITY agrees its approval shall not be unreasonably withheld Costs shall be reviewed by TWU 1 1 CITY shall furnish, except as may be otherwise provided herein, at CITY's own cost and expense all labor, services, material and work for the construction and completion of the work necessary for the construction of the parking facilities proposed within this Agreement The CITY shall furnish all labor, services, material and work for the construction and completion of the improvements to Bell Avenue and shall share the cost of those improvements and be reimbursed according to the attached exhibit #1 Costs shall be reviewed by TWU 12 TWU shall furnish, except as maybe otherwise provided herein, at TWU's own cost and expense, all labor, services, material and work for the construction and completion of the work necessary for the construction of the Trail proposed with this agreement TWU 2--Interlocal Agreement Amendment, City of Denton & TWU, June, 1999 shall furnish all landscaping in the medians and all labor, services, material and work expended in said landscaping shall be at TWU's cost 13 CITY shall construct the parking facilities in conformance with the plans and specifications used by the CITY in constructing parking facilities within the CITY The CITY shall construct the improvements on Bell Avenue with plans and specifications used by CITY in constructing median facilities within the CITY The proposed plans and specifications for the parking facilities and median will be submitted to TWU for its review and approval prior to beginning construction TWU agrees that its approval shall not be unreasonably withheld 14 TWU shall construct the Trail in accordance with plans and specifications that provide for an artificial surface The proposed plans and specifications for the Trail will be submitted to the CITY for its review and approval prior to the letting of the construction contract for bid CITY agrees that its approval shall not be unreasonably withheld ARTICLE TWO 10 The CITY agrees to contribute Fifty Thousand and Thirty-one ($50,031) Dollars to the improvements on Bell Avenue TWU agrees that Fifty Thousand Four Hundred and Seventeen ($50,417) Dollars shall be the costs for its share of improvements to Bell Avenue Both entities agree to pay the actual construction costs and split according to the above mentioned proportions of the total cost TWU and the CiTY also agree that the Fifty Thousand Four Hundred and Seventeen ($50,417) Dollar portion of TWU's costs shall be subtracted from the original interlocal agreement's total of One Hundred and Thirty Thousand ($130,000) Dollars toward the construction of the Trail Therefore, the City's Trail contribution shall be Seventy-nine Thousand Five Hundred and Eighty-three ($79,583) Dollars ($130,000 original cost - $50,417 Bell Avenue cost borne by City = $79,583) 2 1 The CITY agrees to contribute Seventy-nine Thousand Five Hundred and Eighty-three ($79,583) Dollars toward the construction of the Trail or actual construction cost of the Trail, whichever is less The above compensation shall be payable upon written notice to CITY of the posting of the agenda for the meeting of the Board of Regents at which the award of the bid for the construction of the Trail is scheduled for action This contribution is contingent on the award of the bid for the construction of the Trail within five (5) years of the execution of this contract amendment by the parties ARTICLE THREE 30 The CITY, in behalf of its citizens, shall be entitled to use the trail, with access to appropriate off-street parking facilities not to exceed 30 parking spaces, when available, between sunrise and sunset on each and every day after the Trail has become operational, when scheduled classes, athletic events or practices administered by TWU are not being held, for a period of at least five (5) years The University reserves the right to prohibit certain persons from coming upon the Trail or any other portion of the campus under the provisions of state law The Trail will be considered operational when the general contractor for the construction of the Trail has been released by TWU from further responsibility under its contract other than warranty work 3 1 Should the Joint use of the Trail by CITY and TWU as prescribed in Section 3 0 of this Agreement be terminated by TWU before the end of the five (5) years Joint use period, it is expressly understood and agreed that TWU will tender to CITY one -fifth (115) of the 3- Interlocal Agreement Amendment — City of Denton & TWU, June, 1999 contribution for the Jogging Trail for each year that should have been remaining of the five (5) years Joint use period 32 Should the Trail proposed by TWU be lighted then CITY may use the Trail between sunset and 10 00 p in each and every day during said five (5) year use period upon the monthly payment to TWU of the City's proportional share of the cost of the lighting for CITY activities between sunset and 10 00 p in at times when classes, athletic events and practices are not administered by TWU 33 The City is making payment for the governmental services provided by TWU herein from available current funds, the funds provided are adequate for the services provided ARTICLE FOUR 40 This agreement represents the entire and integrated agreement between CITY and TWU and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instrument signed by both parties ARTICLE FIVE 50 Each provision and clause required by law to be inserted in this contract shall be deemed to be so inserted and the contract shall be read and enforced, as though each were included If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the contract shall be amended to make such insertion on application of either party 5 1 It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provision shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid Signed this day of June, 1999 TEXAS WOMAN'S UNIVERSITY CITY_QEDENTON Byzri (yv�/ By v� ✓_ Dr Brenda Floyd ' Jack Mill Vice -President for Finance and Mayor Administration ATTEST ATTEST Secr ary CitV Secretary Texas Woman's University City of Denton State of Texas County of Denton APPROVED AS TO LEGAL FORM John Lawhon, General Counsel APPROVED AS TO LEGAL FORM Herbert LL, Prouty, City Attorney / By/ " c� BELL AVE median construction ( Texas to University ) -CI- Descrl lion Quanlit Unit Unit Price TWU Jiggle Bars 1214 EA 4 4856 3" Electric Conduit 800 LF 3_ 2400 _ 4" Bore and Coaling 75 LF 25 1675 _ 4" halt PAs 200 Ton 28 5800 Asphalt Saw Cut As halt Pavin 5000 600 LF SY 0 15 0 good Traffic SI ns 26 EA 100 2000 Striping1290 LF 1 1290 ConOrete Flatwork 367 SY 28 10276 _ _4" colored / textured 367 BY 33 12111 0 llonal • Dowel on Curb 4340 LF 6 26040 _ _ Instead of curb & gutter — Median total " 50062 —" TWU total 25386 1l2 of median coat split 25031 25031 Move / Remove si nals 25000 0 _ Landsca Ing _ 0 Total 50031 50417 4-27-99 Revised 5-7-99