2006-029
S:\Qur Documents\Ordinances\06\Airport Project Participation Agreement.doc
ORDINANCE NO. 200(;-021
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AMENDMENT
TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT
THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY
MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID
AMENDMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF
DENTON IN ORDER TO IMPLEMENT THE PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 25, 2003, the City Council passed Resolution No. 2003-007
authorizing the City Manager, or his designee, to accept a grant from TxDOT to construct a
corporate apron and taxiway at the Municipal Airport which is referred to as the Airport
Expansion Project; and
WHEREAS, on October 7, 2003, thc City Council passed Resolution No. 2003-036
authorizing the City Manager to execute agreements with TxDOT for a grant to provide for
airport taxiway realignment referred to as the Taxiway Realignment Project; and
WHEREAS, on December 2, 2003, the City Council passed Ordinance No. 2003-385
authorizing the City Manager, or his designee, to execute an Airport Project Participation
Agreement with TxDOT which combined both the Airport Apron Expansion Project and
Taxiway Realignment Project and allowed for the engineering phase of same hereinafter referred
to as "Project"; and
WHEREAS, the City Manager has been approached by representatives of TxDOT who
wish to amend the Grant Agreement to increase the grant amount and the amount of funding for
the Project to $5,204,882 with $3,844,882 being the amount for the Taxiway Realignment
Project and to increase the scope of the Project to include additional drainage work; and
WHEREAS, this would result in the City's share of the grant to be $384,489 and
TxDOT officials need a commitment from the City that the City will participate in the Project
and dedicate these funds to its completion; and
WHEREAS, the Airport Advisory Board recommends approval of this Amendment to the
Airport Project Participation Agreement; and
WHEREAS, the City Council deems it in the public interest to participate in the Project
and to approve an Amendment to the Airport Project Participation Agreement with TxDOT to
implement the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S:\Our Documcnts\Ordinances\06\A.irport Project Participation Agreement.doc
SECTION I. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City of Denton's participation in the Project is approved and the City
Manager, or his designee, is hereby authorized to execute on behalf of the City of Denton an
Amendment to the Airport Project Participation Agreement with the Texas Department of
Transportation relating to construction services and design/engineering services at the Denton
Municipal Airport, TxDOT Contract No. 5XXA V084 (the "Agreement"), after the Amendment
has been approved as to form by the City Attomey..
SECTION 3. The City Manager, or his designee, is the City's authorized representative
who is directed to comply with any assurances, conditions, or agreements required to be
executed, to receive the funds provided under this Amendment and to make expenditures of all
the funds required to be expended by the City as its share of the Project including the
expenditure of Denton Municipal Airport gas royalty revenue, in an amount not to exceed.
$384,489.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /71:1t day of ytl/l/Lr2//,fr ,2006.
c~AJL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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CERTIFICATION OF PROJECT FUNDS
Diana Ortiz
(Name)
do certity that sufficient funds to meet the
I,
Chief Financial Officer
(Title)
City of Den ton
(Sponsor Name)
project costs as identified for the project and will be available in accordance with the schedule
shown below:
share of
SPONSOR FUNDS
Source
Amount
Date Available
2002 CO Bonds
2004 CO Bonds
Gas Well Revenue Fund
$63.240
$124,859
$185,000
October I. 2002
October I. 2004
October I. 2005
City of Denton. Texas
(Sponsor)
By:
(2 - b /)~
V;JtkllJl/1 C!!; (,
. .
Title:
Chief Financial Officer
Date:
/ //7 lOb
I .
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT CSJ No.: 0518DENTO
TxDOT Project No.: AP DENTON 9
TxDOT Contract No. : 5XXA V084
Commission Approval: March 31,2005
February 23,2006
Amendment No. 02 to the Agreement
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM:
The State of Texas, acting through the Texas Department of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 05 I 8DENTO, executed by the Sponsor on
April 5, 2005, and by the State on April 13, 2005, for the development of the Denton Municipal
Airport, hereinafter referred to as the "Airport".
The project is described as construction services to: construction services to construct
corporate apron and stub taxiway and reconstruct and expand apron at the Denton Municipal
Airport.
It is in the mutual interest of the Sponsor and the State to increase the agreement by
$3,844,882 approved for $3,712,400 on March 31, 2005 for the taxiway and apron construction
and $664,680 on February 23, 2006 for drainage construction and to amend the project
description. This amendment will increase the agreement based on our estimated costs for
construction services for the taxiway and drainage improvements, which is estimated at
$3,844,882.
Part II - Offer of Financial Assistance, as changed by Amendment No. 01, estimates total
project costs to be $1,360,000; and financial assistance is currently limited to $1,224,000 in
federal funds and $136,000 in local sponsor funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State.
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The Airport Project Participation Agreement is amended as follows:
I. On Part 11, Item No.2 of the Agreement, change Amount A, estimated total construction
costs, and any further references in the Agreement to Amount A, to $5,204,882.00.
2. On Part 11, Item No.2 of the Agreement, change Amount B, estimated construction costs
eligible for federal financial assistance, and any further references in the Agreement to Amount
B, to $5,204,882.00.
3. On Part 11, Item 3 of the Agreement, change Amount C, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount C,
to $4,684,394.00.
4. On Part 11, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated
construction costs, and any further references in the Agreement to Amount D, to $520,488.00.
5. On Part I, Item 2 of the Agreement, the project description should read as construction
services to: construct corporate apron and stub taxiway, construct parallel taxiway on new
alignment construct stub taxiway to north general aviation apron; install medium intensity
taxiway lights and guidance signs with separate circuits and regulator and drainage
improvements.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
~/! / L
1/
day of
, 206',6 .
Executed this
The Citv of Denton, Texas
Sponsor
JU,~
/:6n~Cc/A/;;JL/1:VC A-tTC~)fEY
Witness itle
Sponsor Signature
(11<=F ~S?DfCTA7fV"J tJ4~"">L
Sponsor Title
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Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
B~f)J /~
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date:
!j;)l/OP
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