Loading...
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: �'--� Page 2 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 Page 2 of 2