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2003-114S:\Our Doeuments\OrdinancesX03\Txdot Airport Runway 17-35( Amendment 2).doc ORDINANCE NO. / AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO. 2 TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION DATED DECEMBER 4, 2001 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Pursuant to Ordinance No. 2001-463 the City of Denton entered into an Airport Project Participation Agreement, dated December 4, 2002 with the Texas Department of Transportation ("TxDOT") related to the construction of improvements at the Denton Municipal Airport (the "Existing Agreement"); and WHEREAS, Pursuant to Ordinance No. 2002-209 the City of Denton entered into Amendment No. 1 to the Airport Project Participation Agreement, dated July 16, 2002 with TxDOT calling for an increase in financial assistance and City participation; and WHEREAS, TxDOT and the City desire to enter into Amendment No. 2 to the Existing Agreement, a copy of which is attached hereto and made a part hereof by reference ("Amendment No. 2") calling for a decrease in financial assistance and City participation', NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute Amendment No. 2 on behalf of the City of Denton. SECTION 2. 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 decrease the funds as provided under Amendment No. 2. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ day Of {//~].g~- ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY S:\Our Documents\Ordinances\03\Txdot Airport Runway 17-35( Amendment 2).doe APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: '~//~ TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development) TxDOT Project No.:AP DENTON 2 TxDOT CSJ No.: 0218DNTON · TxDOT Contract No.: 2XXAV028 TO: FROM: Amendment No. 02 to the Agreement Part I - Identification of the Project The City of Denton, Texas 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 0218DNTON, executed by the Sponsor on December 4, 2001, and by the State on December 11, 2001, for the development of the Denton Municipal Ah'port, hereinafter referred to as the !'Airport". The project is described as follows: construction services to rehabilitate and mark Runway 17-35; reconstruct partial parallel taxiway; rehabilitate and mark parallel and stub taxiways to Runway 17-35; rehabilitate and mark hangar access taxiways; install medium intensity taxiway lights and edge reflectors; rehabilitate apron; reconstruct apron; construct helipad; upgrade Runway signage; and install security fencing and install medium intensity runway lights at the Denton Municipal Airport. It is in the mutual interest of the Sponsor and the State to decrease the agreement by $84,127. Part II - Offer of Financial Assistance}.as changed by Amendment No. 01, estimates total project costs to be $2,251,700; and financial assistance is currently limited to $2,026,530 in federal funds and $225,170 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. The Airport Project Participation Agreement is amended as follows: On Part II, Item No. 2 of the Agreement, change Amount A, estimated total construction Page 1 of 3 costs, and any further references in the Agreement to Amount A, to $2,167,573.00. 2. On Part II, 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 $2,157,909 and is eligible for 90% federal fmancial assistance and $9,664 is eligible for 50% federal fmancial assistance. 3. On Part 1I, 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 $1,946,950.00. 4. On Part II, 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 $220,623.00. 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. Executed this /,-~-~ day of c.~/~,/.g..., ,20/~,.ff. The City of Denton, Texas Sponsor Witness Signature Director of Airport & Transportation Witness Title ATTEST: BY. ~~~JENNIFER WALTERS, CITY] SECRETARY AP~VED A! BY: v~~ City Manager Sponsor Title Page 2 of 3 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 David S. Fulton, Director Aviation Division Texas Department of Transp'odation Page 3 of 3