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
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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
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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
David S. Fulton, Director
Aviation Division
Texas Department of Transp'odation
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