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