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20-1692ORDINANCE NO. 20- 1692 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCED FUNDING AGREEMENT AMENDMENT #1 IN THE AMOUNT OF $95,000.00, BY AND BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) AND THE CITY OF DENTON, REGARDING PAYMENT FOR SIDEWALK INSTALLATION ALONG THE NORTH SIDE OF US 380£UNIVERSITY BETWEEN MAYHILL ROAD AND THE GREENBELT NATURE PARK RELATED TO THE VOLUNTARY ADVANCED FUNDING AGREEMENT, CSJ# 0135-10-057, SL 288 TO THE US 377/380 INTERSECTION PROJECT LOCATED WITHIN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation (“TxDOT”) has been authorized to undertake and complete a highway improvement along US 377 from SL 288 to the US 377/US 380 intersection within the City of Denton, which includes raising the median with left turn lanes, adding right turn lanes, and restriping for shared use (the “Project”); and WHEREAS, on September 12, 2017, the City Council adopted Ordinance No. 2017-249 approving the Advanced Funding Agreement (“Original Agreement”) between TxDOT and the City of Denton related to the voluntary participation in the Project by funding the construction of a 10-feet sidewalk addition along US 380 between Mayhill Road and the nature park in the City of Denton (the "Sidewalk"); and WHEREAS, the City and TxDOT desire to Amend this Advanced Funding Agreement by reducing the City’s financial obligation related to the project from $878,874.75 to a Fixed cost of $95,000.00 (“Amendment #1”); and WHEREAS, the City, upon approval of Amendment #1, would pay to TxDOT a total of $95,000.00 related to the Sidewalk and the Project; and WHEREAS, the City Council, having considered the importance of the Project to the citizens of Denton and finding that it is in the public’s health and safety interest, is of the opinion that it should approve the Advanced Funding Agreement Amendment #1 ; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA INS: SECTION 1. The finding and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute on behalf of the City the Advanced Funding Agreement Amendment #1 for the Project with TxDOT, a copy of which is attached hereto and made a part hereof for all purposes as Exhibit A. SECTION 3. The City Manager, or his designee, is further authorized to carry out all obligations and duties of the City as set forth in the Amended Agreement, including but not limited to the expenditure of funds. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by BbQ\ Me \he( and the Ordinance was passed and approved by theseconded by Ke,e\ following vote [ (o _ - a ] Aye BZ V/ \/ Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: „“ \/ ~/ JL PASSED AND APPROVED this the \ Sk day of SeT let'\bec ' 2020. AT8 ATTEST: ROSA RIOS, CITY SECRETARY /L#a/2 _aZz; APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Z: g/.BY: DocuSign Envelope ID: 597B27BE-EC44-497E-829A-46EDOAB65658 f Texas Department of Transportation 4777 US Highway 80 East I Mesquite, Texas 75150-66431 (214) 320-6100 November 4, 2020 Mr. Todd Hileman City Manager City of Denton 215 E. McKinney Street Denton, TX 76201 RE:Amendment #1 - Fully Executed CSJ: 0135-10-057 Project: US 380/US 377 Limits: From SL 288 to US 377/US 380 Intersection Construction Phase Dear Mr. Hileman, Enclosed is a fully executed original of the above-mentioned Advance Funding Agreement between the Texas Department of Transportation and the City of Denton. Per the agreement, the City of Denton will provide a fixed contribution in the amount of $95,000 towards the cost to construct a 10-foot sidewalk addition along US 380 between Mayhill Road and the nature park in the City of Denton. The District did receive a payment of $95,000 on 9/21/2020 from the City of Denton. If you have any contract-related questions, please contact Mike Pete at 214-320-4448 Mike.Pete@txd ot.gov. Sincerely, DocuSigned by: [ +H”“ J~oTr?q31."FfJWgth, P.E. Director of Transportation Planning and Development CC:Polita Flemming – Advanced Transportation Planning Project File OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer ) DENTON COUNTY CONMISSIONERS COURT 09/15n020 Month Ba'-b IIe Fe THE ORDER: Court Order Number Approval oflntulocal Cooperation Agreement between tknton County, Texas, and the City of Denton, Texas, for the US 380 Sidewalk ComjDnent Projwt, at a total estimated project cost of $95,000.00, with Denton County agreeing to con&ibute an amount which shall not mend $55W.00, with funding as follows: $55,(X)0.00 to come from TRIP4M Projects, Auditor Line Item #6&749(b9(b30, and be aansfewd to US 380, Precinct 1, Auditor Line Item #66-7364%30, aId any appropriate action. Commissioner Precinct #1 Seconded by aWyaMll XbaEbLaudbB Anlb Eads Yu Abstain NoAnat A H8zh Coleman Ya Abstain _No Abm $ YoXAbstain No Absent Clrrnndsfloner Pct No ; Rna Nhrtbant Yes )$ Abstain No AMIt UP bobIRe J. Mit£heH £:omgrjqjgn€r Pa No 1 Cklnrndsgantr Pct Np 4Dianne Edrrnadsoa I I I I I I I i I II t I I I I I i i I i iI i I I i i Motion Carried on: Pulled from A No Action Postponed ATrEsr: DeB©a CORal)raRe ) e/J Priad oit VI1/2020 514 of 546 ,t Denton County Clerk Memo a)/City of Denton Attn: Robin Davis 215 E. McKinney Street, Ste. 900 Denton, TX 76201 From: Date: Re: Ashley D’Anna September 17, 2020 Agreement Enclosed is one original of the above referenced documents apprvved by Denton County Commissioners Court September 15, 2020. Thank you. Ashley D’Anna Administrator/Commissioners Court 1450 East McKinney Denton, TX 76209 CC: CMI DA DocuSign Envelope ID: 373F108E+)OD4 482C-/61&2220313AB82A hHE STATE OF TEXAS § § §couNrY OF DENTON INFERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNIY, TEXAS, AND THE CITY OF DENTn THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter 'The County;” and the City of Denton, a Texas home-rule municipal corporation, engaged in the administration of municipal government and related services for the citizens of the City of Denton, hereinafter “the City.” The County and the City are collectively referred to herein as 'The Parties.” WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing County funding toward the fixed cost contribution owed to the Texas Department of Transportation (“TxDOT”) for the construction of a 10-foot sidewalk addition along US 380 between Mayhill Road and Greenbelt Nature ParK located within the municipal limits of the City and Denton County Commissioner Precinct #1; md WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter “the Act,” provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the Parties hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves rightof-way which is an integral part of the “Parties” road systems and the Parties are undertaking the Project to facilitate safe travel on an improved roadway, including pedestrian travel; NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: ICA - Denton – US 380 Sidewalk Project Page 1 of 7 DawSlgn Envelope ID: 373F108E<)0DH82GA61 &2220313AB82A WITNESSETH: 1.I :i : 1 : $ II d: Pursuant to Texas Government Code 9791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads, and public transportation. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. H. The County and the City hereby agree that the scope of the Project shall be limited to providing funding toward the fixed cost contribution due to TxDOT for the construction of a 10-foot sidewalk addition along US 380 between Mayhill Road and the Greenbelt Nature Park with a total estimated project cost of NINETY-FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00). 111. The County hereby agrees to contribute an amount which shall not exceed FIFTY- FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) toward satisfactory completion of the Project, provided that any and all funding is approved by formal action of the Denton County Commissioners Court. rv. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. V. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, Jeff May, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, on a monthly basis and the County shall reimburse the City for all approved expenses related to the Project within thirty (30) calendar days ofrweipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. The City shall submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Fauuers Branch, Texas 75234, at the same time invoices are submitted to the Denton County Auditor. ICA – Denton – US 380 Sidewalk PIDjeat Page 2 of 7 DocuSign Envelope ID: 373F108E+JOD4482C>A61&2220313AB82A VI, As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City’s representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of the sidewalk section identified above. VII. This Agreement may be terminated in whole, or in part, by the County or the City upon thirty (30) days written notice to the other party. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. VIII. This Agreement represents the entire agreement between the County and the City on the matter of which this Agreement relates and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: i l +i -q IR ; lia }! la For City:Honorable Chris Watts, Mayor City of Denton 215 E. McKinney Street, Suite 100 Denton, Texas 76201 Mr. Todd Hileman, City Manager City of Denton 215 E. McKinney Street, Suite 100 Denton, Texas 76201 Copy To: Copy To:Mr. Aaron Leal, City Attorney City of Denton 215 E. McKinney Street, Suite 900 Denton, Texas 76201 For County:Honorable Andy Eads Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 ICA - Denton – US 380 Sidewalk Project Page 3 of 7 DowSlgn Envelope ID: 373F108E4)0D++82C-A618-2220313AB82A Copy To:Denton County District Attorney’s Office - Civil Division 1450 East McKinney Street, Suite 3 100 Denton, Texas 76209 IX. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. X The County agrees and understands that the County, its employees, servants, agents, or representatives shall at no time represent themselves to be employees, servants, agents, or representatives of the City. XI The City agrees and understands that the City, its employees, servants, agents, or representatives shall at no time represent themselves to be employees, servants, agents, or representatives of the County. XII. The City agrees to accept full responsibility for the acts, negligence, or omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XIII. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. ICA – Denton – US 380 Sidewalk Pn>jM ngc 4 of 7 XV The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and eRect, XVI. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. E,e,uted this \ by dayof SepteN\bet J 2020. DENTON COUNTY, TEXAS CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION 215 E. McKinney Street, Suite 100 Denton, Texas 76201 2nd FII By iibS£aIJe Cs Mayor of the City of Denton, Texas Acting by and on behalf of the authority the Denton County Commissioners Court of the City of Denton .111111111/ D ATTEST:ATTEST: ty S;Lretary, Rma; ICA– Denton -US 380 Sidewalk Project '-Page 5 of 7 DocuSign Envelope ID: 373F108E+10D4482C>/61&2220313AB82A THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational 'ii ’ty En6ineer Tibqta1 prpjects Department Date Signed: 8/25/2020 APPROVED AS TO FORM: Aaron Leal, City Attorney COUNTY AUDITOR’S CERTIFICATE i hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. fimo ICA – Denton – US 380 Sidewalk Project Page 6 of 7 DocuSlgn Envelope ID: 373F108E<)0[>4482GA61 &2220313AB82A APPROVAL OF BVrERLOCAL COOPERATION AGREE&mNT Denton County, Texas, acting by and through the Denton County Commissioners Coun, having been advised of the Project, with a total estimated project cost of NINETY- FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00), whereby Denton County shall make a contribution which shall not exceed FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) toward satisfactory completion of the Project, hereby gives its specific written approval to the Project prior to beginning of the Project in satisfaction of Texas Government Code 9791.014. The description of the Project and its location are as follows: to provide $55,000.00 in County funding toward the fixed cost contribution due to TxDOT for the construction of a 10-foot sidewalk addition along US 380 between Mayhill Road and Greenbelt Park, located within the municipal limits of the City and Denton County Commissioner Precinct #1 The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of Denton, a Texas home-rule municipal corporation. By vote on the date below, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. ICA – Denton - US 380 Sidewalk Pn>jM ngc 7 of 7