2013-112s:llegallour documentslordinances\131dcta interlocal agreement-amendment-bus shelters.doc
ORDINANCE NO. 2013-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO 1NTERLOCAL 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
("1NTERLOCAL AGREEMENT"), BY AND BETWEEN THE CITY AND DCTA,
REGARDING THE 1NSURANCE REQUIREMENTS PROVIDED BY THE 1NTERLOCAL
AGREEMENT, SAID 1NTERLOCAL AGREEMENT PROVIDING A LICENSE TO DCTA
TO CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTERS AND RELATED BUS
PASSENGER AMENITIES IN CITY RIGHTS OF WAY 1N LOCATIONS MORE
PARTICULARLY DESCRIBED IN THE 1NTERLOCAL 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 HERESY 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 1�+,11i✓ L , 2013.
�
MARK A. BU OU HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.�
BY: �'--�
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s:Uegallour documents\contracts1131dcta intetlocal cooperation agreement-amendment l.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO
INTERLOCAL COOPERATION AGREE�VIENT
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 Ru1e 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; a.nd
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 Agreernent 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 Liabilitv
Insurance", is hereby deleted from the Original Agreement for all purposes.
2. Except as expressly amended herein, the terms of the Original Agreement sha11
remain valid and subsisting as originally provided.
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has c �used
this First Amendment to Interlocal Cooperation Agreement to be executed on this the /�Of/L day
of , 2013; and the governing body of the Denton County Transportation
Authorrty has caused this First Amendment to Interlocal Cooperation Agreement to be executed
on this the �S'�' day of �� ; � , 2013, but this Amendment sha11 be effective for all
purposes from and as of he latest date of the execution hereof by the parties hereto (the
`Bffective Date").
"CITY"
CITY OF DENTON, TEXAS
A Texas Home Rule Municipal Corporation
:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPRO ED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
By:
"DCTA"
Z
DENTON COUNTY TR.ANSPORTATION AUTHORITY
BY: �,
J ES C. CLINE, JR., P. , PRESIDENT
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