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ORDINANCE NO. 2013-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
(THE "AMENDMENT"), BETWEEN THE DENTON COUNTY TRANSPORTATION
AUTHORITY ("DCTA") AND THE CITY OF DENTON, TEXAS ("CITY"), AS ATTACHED
HERETO AND MADE A PART HEREOF AS EXHIBIT "A", THE AMENDMENT
AMENDING THAT CERTAIN INTERLOCAL COOPERATION AGREEMENT
("INTERLOCAL AGREEMENT"), BY AND BETWEEN THE CITY AND DCTA,
REGARDING THE INSURANCE REQUIREMENTS PROVIDED BY THE INTERLOCAL
AGREEMENT, SAID INTERLOCAL AGREEMENT PROVIDING A LICENSE TO DCTA
TO CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTERS AND RELATED BUS
PASSENGER AMENITIES IN CITY RIGHTS OF WAY IN LOCATIONS MORE
PARTICULARLY DESCRIBED IN THE INTERLOCAL AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, City staff and DCTA have jointly reviewed the Interlocal Agreement and
determined that excess liability insurance coverage is not necessary to protect the City and/or
DCTA;
WHEREAS, the City and DCTA desire to enter into the First Amendment to Interlocal
Cooperation Agreement, as attached hereto and made a part hereof as Exhibit "A", deleting
excess liability insurance coverage requirements therein; and
WHEREAS, the City Council finds that the First Amendment to Interlocal Agreement is
in the public interest;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Mayor of the City of Denton is hereby authorized to execute the First
Amendment to Interlocal Agreement on behalf of the City with DCTA.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. /
PASSED AND APPROVED this the / t/2 day of 111/'! L , 2013.
MARK A�.`BUTROU HS, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: --�
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s:Uegal\our documents\contracts1131dcta interlocal cooperation agreement-amendment Ldoc
THE STATE OF TEXAS § �
COUNTY OF DENTON §
FIRST AMENDMENT TO
INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT-OF-WAY USE LICENSE
THIS FIRST AMENDMENT OF INTERLOCAL COOPERATION AGREEMENT
(the "Amendment"), is made and entered into effective as of the date set forth below, by and
between the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
(hereinafter "CITY") and the DENTON COUNTY TRANSPORTATION AUTHORITY, a
coordinated county transportation authority under Chapter 460 of the Texas Transportation Code
(hereinafter "DCTA"), acting by and through, and under the authority of their respective
governing bodies; and
WHEREAS, the CITY and DCTA, on or about February 5, 2013, City Ordinance No.
2013-044, entered into that certain Interlocal Cooperation Agreement Street Right-of-Way Use
License (the "Original Agreement"), to occupy certain property of the City in respect to
construction, maintenance and operation of bus shelters and other bus passenger amenities for
use by passengers of DCTA's bus transportation system;
WHEREAS, the City and DCTA have examined the insurance requirements of the
Original Agreement, and have jointly determined that certain coverage is no longer necessary to
protect the City and/or DCTA;
WHEREAS, due to the lack of necessity of such insurance coverage, the City and DCTA
desire to amend the Original Agreement to delete the requirement therefor;
NOW THEREFORE, for and in consideration of the license of the street right-of-way and
the mutual covenants set forth in the Original Agreement and herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City
and DCTA hereby amend the Original Agreement as follows;
1. "ARTICLE VI, INSURANCE", Paragraph D., entitled "Excess Liability
Insurance", is hereby deleted from the Original Agreement for all purposes.
2. Except as expressly amended herein, the terms of the Original Agreement shall
remain valid and subsisting as originally provided.
1
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has caused
this First Amendment to Interlocal Cooperation Agreement to be executed on this the 167'4 day
of zLo 2013; and the governing body of the Denton County Transportation
Authority has caused this First Amendment to Interlocal Cooperation Agreement'to be executed
on this the -OS'�' day of &Qr-,1 , 2013, but this Amendment shall be effective for all
purposes from and as of he latest date of the execution hereof by the parties hereto (the
"Effective Date").
"CITY"
CITY OF DENTON, TEXAS
A Texas Home Rule Municipal Corporation
By: 6�41"6 f( L
MARK A. BU aTJG , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPRO ED+AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"DCTA"
DENTON COUNTY TRANSPORTATION AUTHORITY
BY: C . �L)
JA#ES C. CLINE, JR., P. , PRESIDENT
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