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1997-222 ORDINANCE NO ~7~ ~ 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 "1" 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 26th day of November, 1991, an Agreement for the Installation and Reimbursement for the Operatton and Maintenance of Traffic Signals w~thm a Mummpal~ty was entered into by and between the Texas Department of Transportation and the City of Denton, and subsequently ~dentffied as contract No 182XXMS013, WHEREAS, the partxes to thru agreement have mutually determined that ~t ~s necessary to amend the original agreement to reflect an additional traffic signal location and add~nonal compensation for mmntenance of such traffic mgnal by the C~ty of Denton, WHEREAS, the C~ty Manager for the C~ty of Denton xs the chief executive officer and the head of the admlmstrat~ve branch of the c~ty government and is authorized to execute th~s agreement on behalf of the C~ty of Denton, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECT_~ That the cxty manager ~s hereby authorized on behalf of the Cxty of Denton to execute a supplemental agreement, entitled supplemental agreement "04" to contract #182XXMS013 entitled "Agreement For The Installation And Reimbursement For The Operation And Mamtenance Of Traffic Sxgnals W~th~n A Munxc~pahty", smd supplemental agreement shall amend Exlub~t "1" of the above contract by adding the traffic stgnal locatmn of I H 35 E and McCormick Street to the hst of mgnal locations contained m exlub~t "1, all prowmons of this contract and exhxb~t not specffically changed herc~n shall remmn m full force and effect SECTION II That such supplemental agreement shall further amend the above contract under a~t~cle "4", entitled "compensation", by ~ncreaslng the reimbursement for the C~ty's mmntenance costs for the traffic sagnal at I H 35E and McCormick Street, that the maximum mount payable under flus agreement as increased from $12,577 88 per year to $14,319 88, all provasaons of this contract and exhlbat not specffically changed hereto shall remmn an full force and effect SECTION III That if any prows~on of th~s ordanance or the apphcat~on thereof to any person or mrcumstance as held mvahd, such mvahdaty shall not affect other prowsaons or apphcataons, and to this end the prowslons ofthas ordanance are severable SECTION IV That all provaslons of the ordinances of the City of Denton an conflmt w~th the provas~ons of flus ordinance are hereby repealed, and all other provisions of the ordanances of the Cxty of Denton, not m conflaet wath the provasaons of thas ordanance, shall remmn an full force and effect SECTION V That ttus ordinance shall become effeetxve ammedmtely upon ats passage and approval PASSED AND APPROVED ttus the 5~ dayof ~ ,1997 JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY // £ APPROVED AS TO LEOAL FORM HERBERT L PROUTY, CITY ATTORNEY Contract No 182XXM5013 SUPPLEMENTAL AGREEMENT NO. 04 TO AGREEMENT FOR TIlE INSTALLATION AND ~ FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WrrltIN A MUNICIPALITY WHEREAS, onthe 26th dayof November ,1991 ,an Agreement for the Installation and Reunbursement for the Operation and Maintenance of Traffic Signals within a Municipality was entered into by and between the Texas Depmment of Transportation, hereinafter called the ~Statef and the City of Denton , hereinafter called the "City," and subqequently identified the agreement as contract and WHEREAS, the parties to this agreement have mutually determined that it is necessary to amend the original agreement due to the following reason/~ NOW, THEREFORE, Contract No 182XXM5013 is amended as follows EXmmT EXHIBIT 1 ~s amended to add/d~-tet~the traffic signal(s) installation(s) at the intersection(s) of IH 35E and McCormmk A copy of the revised EXHIBIT 1 ~s attached hereto and made a part of this agreement Article 4 Compensation The maximum amount payable under th~s agreement is lncreased/d~"r~'~d from $12.577 88 per year to $14,319 88 per year in accordance w~th the above changes Calculations for the mcrease/~.,r-~.to the maximum amount payable are as follows AMOUNT OF THIS SUPPLEMENTAL AGREEMENT $ 1,742 00 ORIGINAL MAXIMUM AMOUNT PAYABLE PER YEAR $ 6,968 00 TOTAL PREVIOUS SUPPLEMENTAL AGREEMENTS $ 5,609 88 REVISED MAXIMUM AMOUNT PAYABLE PER '~ EAR $ 14,3 t9 88 SUPPLEMENTAL - LOCATION I of 2 8-96 TRAFFIC SIGNAL - TYPE R The amount of th~s supplemental agreement shown above shall be a prorated amount based on the cost for the type of Installation calculated on EXHIBIT 3 of the original agreement and any ~nereases or decreases caused by any subsequent supplemental agreements The (.mo~figq quarterly/~ma~ payment shall be adjusted accordingly All other terms or cond~tlons 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 Deo$on THE STATE OF TEXAS -~~~ Executed for the Executive Director and By approved for the Texas Transportation (Name) Commission under the Authority of Minute ., Order 100002 and Stand Alone Manual NoUce 96-3, for the purpose and effect of ~' (Th'le) (-/ activating and/or carrying out the orders, ~~ ~/~ estabhshedpohcles or work programs by the Texas Transportation Commission ~' (Date) ~ ST APPROVED U (~ty Secretar~ - D~ D~{~tnct Engineer SUPPLEMENTAL - LOCATION 2 of 2 8-96 TRAFFIC SIGNAL - TYPE R EXHIBIT 1 Signallzed intersections on State Highways located with the City of Denton LOCATION TYPE OF SIGNAL I I H 35E ~ Loop 288 Diamond Interchange with one controller 2 l H 35E ~ F M 2181 Diamond Interchange with one controller 3 I H 35E ~ U S 377 l~amond Interchange with one controller 4 IH 35E~US 380 Diamond Interchange wtth one controller 5 I H 35E ~ Avenue D Diamond Interchange with one controller 6 IH 35E~,FM 1515 7 I H 35 ~ U S 77 Diamond Interchange with one controller 8 I H 35E ~ U S 77 Flashing Beacon 9 1 H 35E ~ McConmck Diamond Interchange with one controller EXHIBIT 1 - LOCATION I - 1 8-96 TRAFFIC SIGNAL - TYPE R