1999-217 ORDINANCE NO qq-cT~/q
AN ORDINANCE AMENDING THE INTERLOCAL AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY ADOPTED PER
ORDINANCE NO 98-115 TO PROVIDE FUNDING FOR BELL AVENUE IMPROVEMENTS
IN ADDITION TO FUNDING FOR THE CONSTRUCTION OF OFF-STREET PARKING TO
REPLACE PARKING LOST BY THE EXPANSION OF U S HIGHWAY 380 AND A
JOGGING TRAIL, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT,
APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves the Amended Interlocal Agreement
attached hereto, between the City of Denton and Texas Woman's University to provide funding for
Bell Avenue improvements in adchtlon to funding for the construction of off-street parlong to
replace parking lost by the expansion ofU S Highway 380 and a Jogging Trml, and authorizes the
Mayor to execute smd amended Interlocal Agreement
SECTION II That the City Council authorizes the expenditure of funds in the manner and
amount specified m the amended Interlocal Agreement
SECTION III That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the /r57---(r~day of (ff~ff'~j ,1999
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT AMENDMENT
l ~ ii~l'~ THIS AMENDED AGREEMENT is made and entered tnto thts /.~ ay of June, 1999, by and
>e~ee~ the CITY OF DENTON, a Tex~ mumctpal co~oraOon, here~na~er refe~ed to as CITY, ~d
tEXAS WO~N'S ~IVERSITY, a s~te-suppo~ed umvers~ty org~tzed and ex~stmg pursuit to the
ws of,~e S~te of Texas, herema~er mfe~ed to ~ TWU
~EREAS, CITY ~d T~ mutually destre to amend an ~nterlocal agreement entered ~nto the
~ ~ day of April 1998, according to prows~ons of V T C A Government Code, Chapter 791, ~e lnterlocal
~ :ooperaUon Act, for ~e pu~ose of eons~etmg parking ~d recreauonal facdmes to be used by bo~
~ rodents, facul~ and a~mstrat~on of T~ and c~t~zens of the CITY
~E~AS, ~e CITY and T~ destre to exp~d this a~eement to mclude pedesman and tra~c
~mpmvements to Bell Avenue consistmg of median construction ~d relocation of signals, and
~E~AS, ~ese ~mprovemenB wdl chromate all the ex~stmg parkm~ on the west s~de qf TWU
during ~he ~me when Bell Avenue ~s one-lane ~ each oxr~na
~E~AS, It ~s also the desire of T~ and the CITY to expand the parking facilities that ~e
CITY originally agreed to build, ~d
~E~AS, T~ is demrous of using pa~ of the CITY's con~lbut~on for the Jogging Trml to
make addiUonal lmprovemems to the pgklng ~eas, ~d
~E~AS, T~ a~ees to m~e up the ~sfer of funds from the Joggmg Trad from ~ts own
~E~AS, by doing th~s the CITY's total obhgat~on to T~ continues to be ~e s~e
($250,000) as m ~e original a~eement,
NOW, THE~FO~, CITY ~d T~, ~n considerat~on of the mutual covenants heremafle~
expressed, agree that ~e Interlocal A~eement executed Aprd 28, 1998, per Ordinance No 98-115 ~s
~ended so that herea~er s~e shall be ~d read as follows
ARTICLE ONE
I 0 The 132 Parking Spaces to be cons~cted pursuant to ~s agreement, hereinaRer refe~ed
to as "P~king Facfl~ties, shall be located at such location as is designated by T~ ~d
by CITY w~th~n 90 days of the approval of th~s agreement by the p~tes ~e Joggmg
Trail to be cons~cted pursuant to ~s agreement, here~naRer refe~ed to as "Tmfl', shall
be located at such locaUon as Is designated by T~ and approved by CITY within 5
yegs of ~e approval of th~s agreement ~endment by the p~les CITY agrees its
approval shall not be ~reasonably withheld Costs shall be rewewed by TWU
1 1 CITY shall ~mlsh, except as may be o~e~se prowded hereto, at CITY's own cost and
expense all labor, seduces, material ~d work for the cons~uction ~d completton of the
work necessa~ for ~e cons~ucUon of the parking facdmes proposed w~thm ~s
Agreement The CITY shall ~mish all labor, services, material and work for the
construction and completion of the improvements to Bell Avenue ~d shall share the cost
of those ~mprovements and be reimbursed accordmg to the a~ached exhibit ~1 Costs
shall be rewewed by TWU
1 2 T~ shall ~mmh, except as maybe othe~tse provided herein, at TWU's own cost and
expense, all labor, se~lces, materml and work for the construction ~d completion of ~e
work necessaW for the cons~ctlon of the Troll proposed wtth this agreement TWU
2--lnterloeal Agreement Amendment, City of Denton & TWU, June, 1999
shall furnish all landscaping in the medians and all labor, services, material and work
expended in said landscaping shall be at TWU's cost
1 3 CITY shall construct the parking facilities m conformance with the plans and
specifications used by the CITY in constructing parking facilities within the CITY The
CITY shall construct the improvements on Bell Avenue with plans and specifications
used by CITY in constructing median facilities within the CITY The proposed plans and
specifications for the parking facilities and median will be submnted to TWU for its
review and approval prior to beginning construction TWU agrees that its approval shall
not be unreasonably withheld
I 4 TWU shall construct the Trail in accordance with plans and specifications that provide
for an artificial surface The proposed plans and specifications for the Trail will be
submitted to the CITY for its review and approval prior to the letting of the construction
contract for bid CITY agrees that ItS approval shall not be unreasonably withheld
ARTICLE TWO
1 0 The CITY agrees to contribute Fit~ Thousand and Thirty-one ($50,031) Dollars to the
improvements on Bell Avenue TWU agrees that Fifty Thousand Four Hundred and
Seventeen ($50,417) Dollars shall be the costs for ItS share of ~mprovements to Bell
Avenue Both entitles agree to pay the actual construction costs and split according to the
above mentioned proportions of the total cost TWU and the CITY also agree that the
Fitly Thousand Four Hundred and Seventeen ($50,417) Dollar portion of TWU's costs
shall be subtracted from the original lnterlocal agreement's total of One Hundred and
Thirty Thousand ($130,000) Dollars toward the construction of the Trail Therefore, the
City's Trail contribution shall be Seventy-nine Thousand Five Hundred and Eighty-three
($79,583) Dollars ($130,000 original cost - $50,417 Bell Avenue cost borne by City =
$79,583)
2 I The CITY agrees to contribute Seventy-nine Thousand Five Hundred and Eighty-three
($79,583) Dollars toward the construction of the Trail or actual construction cost of the
Trail, whichever is less The above compensation shall be payable upon written notice to
CITY of the posting of the agenda for the meeting of the Board of Regents at which the
award of the bid for the construction of the Trail is scheduled for action This
contrthutlon is contmgant on the award of the bid for the construction of the Trail within
five (5) years of the execution of this contract amendment by the parties
ARTICLE THREE
3 0 The CITY, m behalf of its citizens, shall be entitled to use the trail, with access to
appropriate off-street parking facilities not to exceed 30 parking spaces, when available,
between sunrise and sunset on each and every day after the Trail has become
operational, when scheduled classes, athletic events or practices administered by TWU
are not being held, for a period of at least five (5) years The University reserves the
right to prohibit certain persons from coming upon the Trail or any other portion of the
campus under the provisions of state law The Trad wdl be considared operational when
the general contractor for the construction of the Trail has been released by TWU from
further responsthfl~ty under its contract other than warranty work
3 1 Should the joint use of the Trail by CITY and TWU as prescribed in Section 3 0 of this
Agreement be termmated by TWU before the end of the five (5) years joint use period, it
is expressly understood and agreed that TWU will tender to CITY one-fifth (1/5) of the
Interlocal Agreement Amendment - C~ty of Denton & TWU, June, 1999
contrthutton for the Jogging Trail for each year that should have been remamang of the
five (5) years joint use period
3 2 Should the Trad proposed by TWU be lighted then CITY may use the Trad between
sunset and 10 00 p m each and every day during smd five (5) year use permd upon the
monthly payment to TWU of the Ctty's proporttonal share of the cost of the bghtmg for
CITY acttvmes between sunset and 10 00 p m at t~mes when classes, athlettc events and
pracUces are not adm~mstered by TWU
3 3 The Ctty ts makang payment for the governmental servaces provaded by TWU herein
from available current funds, the funds provaded are adequate for the services prowded
ARTICLE FOUR
4 0 Thas agreement represents the enttre and integrated agreement between CITY and TWU
and supersedes all prmr negottattons, representataons and/or agreements, etther wratten or
oral Thts agreement may be amended only by written instrument sagned by both partaes
ARTICLE FIVE
5 0 Each provmon and clause reqmred by law to be inserted an thas contract ghall be deemed
to be so inserted and the contract shall be read and enforced, as though each were
included If through mtstake or otherwase any such provtsaon as not inserted or ts not
correctly inserted, the contract shall be amended to make such msertmn on appllcataon
of etther party
5 1 It ts understood and agreed by the partaes that af any part, term, or provtsaon of thas
contract as held by the courts to be illegal or an conflict with any law of the state where
made, the vabdtty of the remaining portaons or provasaon shall not be affected, and the
rights and obhgataons of the parties shall be construed and enforced as ff the contract d~d
not contam the parttculas par~, term, or prowston held to be lnvabd
Signed th~s ~day of June, 1999
TEXAS WOMAN'S UNIVERSITY ClTY,.D.F_ DENTON__."'"~ '
Dr Brenda Floyd Jack Mdl~
Vtce-Presldent for Ftnance and Mayor
Admmlstrattun
ATTEST ATTEST
Ca~ §ecretary
Texas Woman's Umverstty Ctty of Denton
State of Texas County of Denton
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
John Lawhon, General Counsel Herbert L Prouty, Caty Attorney
BELL AVE
median construction ( Texas to Unlversily ) 4-27-99
Revised
5-7-99
Description Quanlit¥ Unit Unit Price (~t¥ TWU
Jiggle Bars 1214 EA 4 4856
3" ~J'eclrlc Conduit 800 LF 3 24~
4" Bore and Casing 75 LF 25 lu~,~
-- 4" Asphalt Patch 200 Ton z8 56(~
Asphalt Saw Cut 5000 LF (~ 0
Asphalt Paving 600 SY 15 90~
Tra~c Signs 20 EA 1~)0 2000
--- -- Striping 12-~0 LF 1 1290
4" Condre{e Flatwork 367 SY 2§ 10276
(colored / textured ) 367 SY 3,~ 12111 (optional)
* Dowel on Curb 4:~;~0 LF 6 26040
_( Instead of curb & gutier )
Median total * 50062
TW-u--' t~l 25386
1/2 of median cos_t_sp_!i~ 25031 .... 25031
-- Move / Remove_signals 25000 0
0i
__ Landscaping To~l 5~)031 50417