20-1690ORDINANCE NO.20-1690
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY, TEXAS. A
DULY ORGANIZED POLITICAL SUBDIVISION OF THE STATE OF TEXAS, FOR THE
CONSTRUCTION OF A 10-FOOT SIDEWALK ADDITION ALONG US 380 BETWEEN
MAYHILL ROAD AND GREENBELT NATURE PARK, PART OF A TXDOT
IMPROVEMENT PROJECT, WHEREIN DENTON COUNTY AGREES TO CONTRIBUTE
AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND DOLLARS ($55,000.00);
AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton (’'City") and Denton County, Texas ("County") are ready
to commence construction of the US 380 Sidewalk Improvement Project located entirely within
the municipal limits of the City, and entirely within Denton County, Commissioner Precinct #1
(the "Project"); and
WHEREAS, the City and County agree that the County will provide Project funding in an
amount not to exceed $55,000.00 and the City will provide the remaining funding of the Project
with a total construction estimate of $95,000.00 and coordinate the construction of 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 Interlocal Cooperation Agreement by and between the City and the
County attached hereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference as true and as if set forth fully in the body of this ordinance.
SECTION 2. The Mayor is hereby authorized to execute the Interlocal Cooperation
Agreement with Denton County, Texas under Section 791 of the Texas Government Code, a copy
of which is attached hereto and incorporated by reference herein
(the "Agreement").
SECTION 3. The City Manager, or his designee, is further authorized to carry out all
duties and agreements to be performed by the City under the Agreement, including the expenditure
of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
IIaLIrII d S e C ::Ie:1 0 : ; ng;X;E11H) V :rI==? i1= =1:> :FS made LOrd iI= :\ W UP used I=
approved by the following vote [ G - C) ]:
Aye
7
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/
Nu 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:
4
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PASSED AND APPROVED this the \SJF day of J cv\F,2020
mr hi MAYOR
allanIt , B,ArrEST:
ROSA RIOS, CITY SECRETARY
z4k7z _ a}?',
DocuSign Envelope ID: D483174F-21F4-47BD-AIAB-5F54FCB69FE6
CSJ #
District #
Code Chart 64 #
Project Name
Limits
0135-1 0-057
18 - Dallas
11400
US 380/US 377
From SL 288 to US 377/US 380 Intersection
STATE OF TEXAS S
SCOUNTY OF TRAVIS
ADVANCE FUNDING AGREEMENT
AMENDMENT #1===•Hll•
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of
Transportation, called the State, and the City of Denton, acting by and through its duly authorized officials,
called the Local Government.
WITNESS ETH
WHEREAS, the State and the Local Government executed an Advance Funding Agreement on
October 17, 2017 to effectuate their agreement for the construction of a 10-feet sidewalk addition along
US 380 between Mayhill Road and the nature park in the City of Denton; and
WHEREAS, it has become necessary to amend that Agreement to adjust the funding participation;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the
parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
C. Attachment A, Payment Provisions and Work Responsibilities of the original agreement is
deleted in its entirety and replaced with:
Attachment A-1. Payment Provisions and Work Responsibilities which is attached and
made part of this Agreement. The total agreement amount is decreased by $770,306.75 from
$878,874.75 to $108,568.00.
All references to Attachment A, Payment Provisions and Work Responsibilities, of the
original agreement are to be replaced with Attachment A-1, Payment Provisions and Work
Responsibilities.
All other provisions of the original contract are unchanged and remain in full force and effect.
AFA Amend Page 1 of 2 Revised 02/20/2019
DocuSign Envelope ID: D483174F-21F4-47BD-AIAB-5F54FCB69FE6
CSJ #
District #
Code Chart 64 #
Project Name
Limits
0135-1 0-057
18 - Dallas
11400
US 380/US 377
From SL 288 to US 377/US 380 Intersection
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of
the entity represented.
Each party is signing this amendment on the date stated under that party’s signature.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
DocuSlgned by:
ktwh£ll StLU/Art taz thLwNL
'D®uSigned by
7;iPf8 m By:
Director of Contract Services
Texas Department of Transportation
’m-FIne
City Manager
City of Denton
Date. 10/20/2020 Date. 10/15/2020
Approved as to Form:
City Attorney
Aaron Leal
Deputy City Attorney
This Agreement has been both reviewed and
approved as to financial and operational
obligations and business terms.
City Engineer – Director of Capital Projects
ATTEST:
City Secretary
By:fog;no
City Secretary
AFA Amend Page 2 of 2 Revised 02/20/2019
DocuSign Envelope ID: D483174F-21F4-47BD-AIAB-5F54FCB69FE6
District #18 - Dallas
Code Chart 64 #
Project Name
Limits
11400
US 380/US 377
From SL 288 to US 377/US 380 Intersection
ATTACHMENT A-1
PAYMENT PROVISION AND WORK RESPONSIBILITIES
The Local Government 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
State will then be responsible for 100% of the costs.
The Project cost is to be as follows
TOTAL
ESTIMATED
COST
FEDERAL
PARTICIPATION
STATE
PARTICIPATION
LOCAL
PARTICIPATION
FIXED
DESCRIPTION
Construction (by State'
Subtotal
Indirect State Costs (4.52%
Total
$95,000
$8,873
$103,873
$4,695
$108,568
%
0%
100%
100%
COST
$0
$8,873
$8,873
$4,695
$13,568
COST
$95,000100%
0%$0
$95,000
0%
(Fixed) $95,000
Total Payment Local Government Participation = $95,000 (fixed)
Total Payment by the Local Government to the State on full execution of this Agreement = $95,000 (fixed)
The total amount of Local Government participation shall not exceed the amount appearing above.
AFA Amend Page 1 of 1 Attachment A-1