HomeMy WebLinkAboutResolution No. 2016-017CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2016- 011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE FIRST AMENDMENT TO THE
INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON
COUNTY, TEXAS AND THE CITY OF THE COLONY FOR THE
FUNDING OF THE MEMORIAL -SPRING CREEK CONNECTOR
PROJECT, INCORPORATED HEREIN AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
AMENDMENT; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Denton County have entered into an Interlocal Agreement
such that Denton County provided a portion of the funding needed for the Memorial Spring
Creek Connector Project; and
WHEREAS, the City has determined that funding provided by Denton County was in
excess of the amount needed, and therefore, with this Amendment the excess funding will be
reallocated to the :Memorial Widening Project.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. This First Amendment, which is attached and incorporated hereto as Exhibit
"A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be
acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved and the Mayor is hereby authorized to execute the Amendment on behalf of the
City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 1St day of March, 2016.
Christie Wilson, City Secretary
7 VED AS
Jeff :Moore City Attorney
rity
McCourry, Mayor
of The Colony, Tex 7
UJ . ;<
63918
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THE STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS
THIS AMENDMENT is made and entered into by and between Denton County, Texas,
a political subdivision of the State of Texas, hereinafter "the County," and the City of The Colony,
Texas, a corporate and political body under the laws of the State of Texas, hereinafter "the City,"
whereby the County and the City are both collectively referred to herein as "the Parties." On
September 17, 2013, the Parties entered into an Interlocal Cooperation Agreement under Denton
County Commissioners Court Order Number: 13-0701, hereinafter "the original Agreement," to
construct a new 4 -lane divided grade separation at BNSF Railroad on Memorial Drive from
Navaho Lane to Spring Creek Parkway at State Highway 121, hereinafter "the Project." The
Project was to be performed entirely within the boundaries of the City and Denton County
Commissioner Precinct #2, and the total Project costs were estimated to be $24,139,581.00.
WHEREAS, the Parties to the original Agreement now intend to amend the total
estimated Project costs to be TWENTY-TWO MILLION ONE HUNDRED SIXTY-EIGHT
THOUSAND SEVEN HUNDRED FOUR AND NO/100 DOLLARS ($22,168,704.00); and
WHEREAS, under the terms of the original Agreement, the County agreed to
contribute NINE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND EIGHT
HUNDRED EIGHTY-ONE AND NO/100 DOLLARS ($9,125,881.00) toward satisfactory
completion of the Project; and
WHEREAS, the Parties to the original Agreement now intend to amend the original
Agreement in order to reflect a decrease in the County's contribution toward satisfactory
completion of the Project to a revised total not to exceed SIX MILLION EIGHT IIUNDRED
SEVENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY-ONE AND NO/100
DOLLARS ($6,875,881.00), and the City's contribution toward satisfactory completion of
the Project to a revised total not to exceed FIFTEEN MILLION TWO HUNDRED NINETY-
TWO THOUSAND EIGHT HUNDRED TWENTY-THREE AND NO/100 DOLLARS
($15,292,823.00).
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained in the original Agreement and as contained herein, and for other good and valuable
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consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the
City hereby agree to amend Section II, Section III, and Section IV of the original Agreement to
reflect the decrease in the cost of County's contribution to the Project. All other terms and
conditions of the original Agreement are hereby affirmed by the Parties. The amended portions of the
original Agreement are as follows:
AMENDED SECTION II.
The County and the City hereby agree that the scope of the Project shall be limited to
constructing a new 4 -lane divided grade separation at BNSF Railroad on Memorial Drive from
Navaho Lane to Spring Creek Parkway at State highway 121, hereinafter "the Project." The Project
will consist of design, engineering, right-of-way acquisition, utility relocation, construction,
inspection fees and related construction activities which may be required for satisfactory completion
of the Project. The Project is located entirely within the municipal limits of the City and Denton
County Commissioner Precinct 42. The total estimated cost of completion of the Project is
TWENTY-TWO MILLION ONE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED
FOUR AND 00/100 (22,168,704.00).
AMENDED SECTION III.
The County agrees to contribute an amount which shall not to exceed SIX MILLION
EIGHT HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY-ONE
AND NO/100 DOLLARS ($6,875,881.00) toward satisfactory completion of the Project,
provided that any and all funding is formally approved by the Denton County Commissioners
Court. The County has previously agreed to contribute ONE MILLION TWO HUNDRED
THIRTY SEVEN THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS
($1,237,700.00) toward satisfactory completion of the Project through two separate
Engineering Services Contracts with Bridgefarmer & Associates, Inc., which were approved
by Denton County Commissioners Court on October 28, 2008, under Court Order No. 08-
0835, and on March 1, 2011, under Court Order No. 11-0147, making the County's total
contribution an amount not to exceed EIGHT MILLION ONE HUNDRED THIRTEEN
THOUSAND FIVE HUNDRED EIGHTY-ONE AND NO/100 DOLLARS ($8,113,581.00)
toward satisfactory completion of the project.
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AMENDED SECTION IV.
The City agrees to contribute an amount not to exceed FIFTEEN MILLION TWO
HUNDRED NINETY-TWO THOUSAND EIGHT HUNDRED TWENTY-THREE AND
NO/100 DOLLARS ($15,292,823.00) toward satisfactory completion of the Project and to
provide for all design, engineering, right-of-way acquisition, utility relocation, construction,
inspection fees, and related construction activities which may be required for satisfactory
completion of the Project.
This Amendment to the original Agreement shall replace and supersede Section II,
Section III, and Section IV of the original Agreement between the Parties. All other
provisions of the original Agreement shall remain in full force and effect unless modified by
subsequent written amendment signed by both of the Parties to the original Agreement.
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Executed in triplicate originals this thelt—day of! / (� , 2016.
DENTON COUNTY, TEXAS
110 West Ilickory
Denton, TS,xasa6201
CITY OF THE COLONY, TEXAS
6800 Main Street
The Colony, Texas 75056
r
By: By:
Honorable Mary 17 ON honor le Joe McCourry
Denton County Ju e May, r of the City of The Colony, Texas
Acting by and on behalf of the authority Acting by and on behalf of the authority
the Denton County Comm issioner,%Mouil1j pf the City of The Colony, Texas
ATTEST: \^'�'!`o�N� O.N o `�f��e T
By:
Denton County
APPROVED AS TO FORM
By:
Ass
ROVED AS TO FORM:
COUNTY AUDITOR'S CERTIFICATE
I hereby certify that fundsava cable to accomplish and pay the obligation of
Denton County, Texas, under this Agreement.
Denton County Auditor
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APPROVAI, OF FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project, hereby agrees to amend Section II, Section III, and Section
IV of the Interlocal Cooperation Agreement which was approved on September 17, 2013, under
Denton County Commissioners Court Order Number: 13-0701. The First Amendment to the
Interlocal Cooperation Agreement is necessary in order to reflect a decrease in the total Project
costs estimated to be TWENTY-TWO MILLION ONE HUNDRED SIXTY-EIGHT
THOUSAND SEVEN HUNDRED FOUR AND 00/100 (22,168,704.00), a decrease in the
County's contribution toward satisfactory completion of the Project to a revised total not to
exceed SIX MILLION EIGHT HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED
EIGIITY-ONE AND NO/100 DOLLARS ($6,875,881.00), and the City's contribution toward
satisfactory completion of the Project to a revised total not to exceed FIFTEEN' :MILLION TWO
HUNDRED NINETY-TWO THOUSAND EIGHT HUNDRED TWENTY-THREE AND
NO/100 DOLLARS ($15,292,823.00).
All other terms and conditions and provisions of the original Agreement are hereby
affirmed by the Parties and shall remain in full force and effect unless modified by a
subsequent written amendment signed by all of the Parties to the original Agreement.
Denton County, Texas, hereby gives its specific written approval of the Project prior to
beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Texas
Government Code, Chapter 791.
By vote on this date, the Denton County Commissioners Court has approved the Project
identified above and authorized execution of this document by the presiding officer on behalf of
Denton County, Texas. iI11
Date: /% /% IT o
Presiding Officer If Oe
Denton County Co missioners Court
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