2007-029
. ... .. S:\Our Documents\Ordinances\07\TxDOT Grant Agreement Amendment 3.doc
ORDINANCE NO. -2 /J tJ '1- (}Z tf
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO. 3 TO AN
AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION DATED JANUARY 8, 2002 RELATING TO THE
CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT AND
APPROVING TERMINAL PROJECT COSTS NOT TO EXCEED $1,689,142; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-005 the City of Denton ("City") entered
into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas
Department of Transportation ("TxDOT") related to the construction of improvements consisting
of the air traffic control tower, airport terminal building, and auto parking lot at the Denton
Municipal Airport, referenced as TxDOT Contract No. 2XXA VOl8 (the "Existing Agreement");
and
WHEREAS, pursuant to Ordinance No. 2005-286 on September 21, 2004, the City
entered into Amendment No. I to the Existing Agreement; and
WHEREAS, pursuant to Ordinance No. 2006-068 on March 7, 2006, the City entered
into Amendment No.2 to the Existing Agreement; and
WHEREAS, TxDOT and the City desire to enter into Amendment No. 03 to the Existing
Agreement, a copy of which is attached hereto and made a part hereof by reference
("Amendment No.3"), to increase the funding by $577,481.00, increasing the total project cost
to $2,377,481.00 and the City's share of eligible project costs to $1,427,481.00; and
WHEREAS, CO bond funds in the amount of $574,61 1.00 are available to facilitate the
project; and
WHEREAS, the City Council deems it in the public interest to approve Amendment No.
3; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein as true.
SECTION 2. The City Council hereby approves terminal project costs not to exceed
$1,689,142.00.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute
Amendment No.3 in substantially the form of the attached Amendment No.3 on behalf of the
City of Denton.
. ..... S:\Our Doeuments\Ordinanees\07\TxDOT Grant Agreement Amendment 3.doe
SECTION 4. 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 Amendment No.3, including payment of the City's
share of the estimated construction costs.
,
SECTION 5. The City Manager, or his designee, is authorized to expend not more than
$574,611.00 in CO bond funds to facilitate the project.
SECTION 6. The City Manager, or his designee, is authorized to exercise all rights and
duties of the City of Denton under Amendment No.3 and to make any expenditures provided for
therein.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 1/ Iii day of hiJrua.ry ,2007.
f)/J
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
".
BY: L~;Y</0
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TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(State Assisted Airport Development)
Amendment No. 03 to the Agreement
TxDOT CSJ No.: 0218DENTN
TxDOT Project No.: AP DENTON 3
TxDOT Contract No. : 2XXA VOl8
Commission Approval: September 27, 2001
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, 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 0218DENTN, executed by the Sponsor on
January 8, 2002, and by the State on January 22, 2002, for the development of the Denton
Municipal Airport.
The project is described as design and construction services to: build an airport terminal
building and an air traffic control tower and auto parking lot at the Denton Municipal Airport.
Part II - Offer of Financial Assistance, estimates total project costs to be $1,800,000.
Financial assistance is currently limited to $900,000 state funds and $900,000 in local
sponsor funds.
It is in the mutual interest of the Sponsor and the State to amend the Airport Project
Participation Agreement at this time to increase the agreement by $50,000 in state funds and
$527,481 in local share to cover the actual bid results for the terminal building and parking lot.
In consideration of the parties' mutual promises, the following amendment to the Airport
Project Participation Agreement shall become effective upon execution of this Amendment by
the Sponsor and the State.
The Airport Project Participation Agreement is amended to following:
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1. Part 11, paragraph 1 of the Agreement, change Amount A, total project costs, and any
further references in the Agreement to Amount A, to $2,377,481.
2. Part 11, paragraph 1 of the Agreement, change Amount C, State's share of eligible project
costs, and any further references in the Agreement to Amount C, to $950,000.
3. Part 11, paragraph I of the Agreement, change Amount B, Sponsor's share of eligible
project costs, and any further references in the Agreement to Amount B, to $1,427,481.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
The above amendment to the Airport Project Participation Agreement between the City
of Denton and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this
Irb1
day of
kIJ rLllUY
, 20 iLl.
The City of Denton, Texas
Sponsor
G~
Sponsor Signature
City Secretary
Witness Title
City Manager
Sponsor Title
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
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Page 20f3
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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
~ARfl;NSI7:
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date:
J---h-J'0 ?
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