2013-311sAlegal \our documents \ordinances \13 \dcta interlocal agreement- amendment 2 -bus shelters.dOC
ORDINANCE NO. 2013 -311
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT -OF -WAY USE LICENSE (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 STREET RIGHT -OF -WAY USE LICENSE ( "INTERLOCAL
AGREEMENT "), BY AND BETWEEN THE CITY AND DCTA, AMENDMENT
PROVIDING FOR ADDITIONAL STREET RIGHT -OF -WAY OF THE CITY TO DCTA TO
CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTERS AND RELATED BUS
PASSENGER AMENITIES, IN LOCATIONS MORE PARTICULARLY DESCRIBED IN
THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City and DCTA entered into the Interlocal Agreement, on or about February
5, 2013, City Ordinance No. 2013 -044, related to the occupation of certain property of the City
in respect to the 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 amended the Interlocal Agreement pursuant to that
certain First Amendment to Interlocal Cooperation Agreement Street Right -Of -Way Use
License, dated on or about April 25, 2013, City Ordinance No. 2013 -112, amending certain
liability insurance coverages prescribed by the Interlocal Agreement;
WHEREAS, it has come to the attention of City and DCTA that additional locations for
the construction, maintenance and operation of bus shelters and other bus passenger amenities by
DCTA are advisable to the City;
WHEREAS, the City and DCTA desire to enter into the Second Amendment to Interlocal
Cooperation Agreement Street Right -of -Way Use License, as attached hereto and made a part
hereof as Exhibit "A ", providing such additional bus shelters and other bus passenger amenities
locations within City rights -of -way; and
WHEREAS, the City Council finds that the Second Amendment to Interlocal
Cooperation Agreement Street Right -Of -Way Use License 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
Second Amendment to Interlocal Cooperation Agreement Street Right -Of -Way Use License 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, as amended by the Amendment and Second
Amendment to Interlocal Cooperation Agreement Street Right -Of -Way Use License.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 561 day of t ,, 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
R
h
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
MARK A. BURROUGHS, YOR
sAlegal\ our documents \contracts\13 \dcta interlocal cooperation agreement- amendment 2.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO
INTERLOCAL COOPERATION AGREEMENT
STREET RIGHT -OF -WAY USE LICENSE
THIS SECOND 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 ( "CITY ") and the DENTON COUNTY TRANSPORTATION AUTHORITY, a
coordinated county transportation authority under Chapter 460 of the Texas Transportation Code
( "DCTA "), acting by and through, and under the authority of their respective governing bodies;
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 the
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, on or about April 25, 2013, City Ordinance No. 2013-
112, entered into that certain First Amendment to Interlocal Cooperation Agreement Street
Right -Of -Way Use License ( "First Amendment "), amending the Original Agreement regarding
certain insurance requirements prescribed therein;
WHEREAS, the CITY and DCTA have determined that providing additional areas within
CITY street right -of -way in respect to construction, maintenance and operation of bus shelters
and other bus passenger amenities by DCTA is advisable;
WHEREAS, the CITY and DCTA desire to amend the Original Agreement, as amended
by the First Amendment, to add such additional street use right -of -way locations;
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, First Amendment 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 amended by the First
Amendment, as follows:
1. The locations described and illustrated in Exhibit "A ", attached hereto and made a
part hereof for all purposes, are hereby included in ATTACHMENT 1, as attached to the
Original Agreement, for all intents and purposes (the "ADDITIONAL AREAS ").
2. The ADDITIONAL AREAS are hereby included, for all purposes, within the
defined term "STREET LICENSE AREAS ", as set forth in the Original Agreement, as
amended by the First Amendment.
3. Except as expressly amended herein, the terms of the Original Agreement, as
amended by the First Amendment, shall remain valid and subsisting as originally
provided.
IN WITNESS WHEREOF, the governing body of the City of Denton, Texas has caused
this Second Amendment to Interlocal Cooperation Agreement to be executed on this the
day of November, 2013; and the governing body of the Denton County Transportation Authority
has caused this Second Amendment to Interlocal Cooperation Agreement to be executed on this
the d flay of November, 2013, but this Amendment shall be effective for all purposes from
and as of the latest date of the execution hereof by the parties hereto (the "Effective Date ").
"CITY"
CITY OF DENTON, TEXAS
A Texas Home Rule Municipal Corporation
d �
BY
MARK A.
BURROUG1 s„ MAY01Z
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
P �
j
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:..
"DCTA"
DENTON COUNTY TRANSPORTATION AUTHORITY
BY.
4J_ 1,S C. CLINE, JR., P P... .�..
RESIDENT
Page 2 of 2
I
3
'A
I
1,5
His
'A
r1i
LU
77-
LU
LU
...... ....
I
3
'A
I
1,5
His
'A
a. ionaMd IVNouvonaa msmoinV NV AS a3onaOUd
w
z
Z
IL
it
0
ix IL
CL
FN x
x
A
iiyr
HMO
a ;a X
......... - ---------------------
a. ionaMd IVNouvonaa msmoinV NV AS a3onaOUd
w
z
Z
IL
it
0
ix IL
CL
FN x
x
A
iiyr
HMO
'AM
ar
hill
'el F;qn PIV I.; c4
„”
,f 11, ', \
U,
Lu
z-
IL
13
. . . . .
........ ...... . .................... . . . .
Uu
0
001
0
im
00
�,
r1-4
0
z>
140"
m
CA
A
m
0
LU
0
r
z
11
r..,
99
na
vi
J
ny
1.
I J
1A
— ------- ----
ar
hill
'el F;qn PIV I.; c4
„”
,f 11, ', \
U,
Lu
z-
IL
13
N.
0
0
im
�,
0
z>
140"
m
CA
A
m
0
0
r
11
<
99
na
vi
J
Vi
ar
hill
'el F;qn PIV I.; c4
„”
,f 11, ', \
U,
Lu
z-
IL
13
Nara
10--n(3ovd -motiv=03 n3oainV NV Ae (33onaONd
00
z
0
0
im
�,
z>
140"
m
CA
A
m
0
0
r
Nara
10--n(3ovd -motiv=03 n3oainV NV Ae (33onaONd
00
z
•
0
0
a
F
W
y
W
O
a
m
0
W
°o
PRODUCED BYJ AN AUTODESK EDUCATIONAL PRODUCT
u
O
uo
Im t
m
z � 4
b
s,
0
jr
s rRIVE
o
1U, i
as IL D
mr
v
�^
r �
`r
� . _. _� _ s
0--,
J
�
iAc:
n
u
O
uo
Im t
m
z � 4
b
s,
0
jr
s rRIVE
o
1U, i
as IL D
mr
v
�^
r �
`r
� . _. _� _ s
0--,