HomeMy WebLinkAboutResolution No. 06-069
RESOLUTION NO. 06- bto q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE FIRST AMENDMENT TO THE
INTERLOCAL COOPERATION AGREEMENT WITH THE COUNTY
OF DENTON, TEXAS, PROVIDING FOR REIMBURSEMENT OF STATE
INFRASTRUCTURE BANK PAYMENTS IN THE AMOUNT OF ONE
MILLION THREE HUNDRED TEN THOUSAND DOLLARS ($1,310,000),
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE
SUCH AMENDMENT; PROVIDING A REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on or about January 3, 2000 the City and Denton County ("County")
entered into an Interlocal Cooperation Agreement ("Agreement") for the City to provide certain
funding to enable the County to engage one or more entities to facilitate the plans, designs and
documentation for improvements to State Highway 121 ("SH 121 "), generally located between
Farm to Market Road 2499 and the Denton-Collin County line ("Project"); and
WHEREAS, pursuant to the Agreement the City agreed to pay to the County a total
amount of $1,310,000 payable in five (5) annual installments of $262,000 for defined
professional services for the Project; and
WHEREAS, the City, pursuant to the terms ofthe Agreement, did make and tender all of
the said installments to the County; and
WHEREAS, on or about March 24, 2005, the City, County and the Texas Department of
Transportation ("TxDot") signed and entered into a "Memorandum of Understanding SHl21
Funding Strategy" ("SH 121 MOD);
WHEREAS, the County has received from TxDOT reimbursement for the monies paid
to the State for the Proj ect; and
WHEREAS, the County and the City desires to amend the Agreement to provide for
reimbursement of funds to the City by the County; and
WHEREAS, pursuant to the Agreement, any amendments or modifications must be by
written consent of both the City and County, which both hereby express and consent to accept
and adopt this First Amendment to the Agreement; and
WHEREAS, the City Council has determined that it would be in the best interest of the
City to approve the Amendment to the Agreement, which is attached hereto and incorporated
herein as Exhibit "A," and authorize the City Manager to execute the same.
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68639
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The City Council hereby approves the First Amendment to the Interlocal
Cooperation Agreement between the City of The Colony and Denton County, which is attached
hereto and incorporated herein by reference as Exhibit "A," providing for reimbursement by the
County to the City in an amount totaling One Million Three Hundred Dollars ($1,310,000).
Section 2. That the City Manager is hereby authorized to execute the First Amendment
to the Agreement, which is attached hereto as Exhibit "A."
Section 3. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provides.
PASSED, APPROVED and EFFECTNE this '1 day of ~ ' 2006.
J hn Dillard, Mayor
ity of The Colony, Texas
ATfJ
C ~/J- Vi w.,>-
Christie Wilson, City Secretary,
City of The Colony, Texas
Robert E. Hager, Cit)/ omey
City of The Colony, exas
(REH/cdb 8/2/06)
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68639
State of Texas 9
County of Denton 9
FIRST AMENDMENT TO THAT CERTAIN INTERLOCAL COOPERATION
AGREEMENT RELATING TO STATE HIGHWAY 121 ENTERED INTO JANUARY 3.
2000 BY AND BETWEEN DENTON COUNTY, TEXAS AND THE COLONY, TEXAS
PREAMBLE
THIS FIRST AMENDMENT is made and entered into by and between Denton
County, Texas, a political subdivision of the State of Texas ("County") and the city of
The Colony, a political subdivision located within Denton County, Texas duly organized
and authorized under the laws of the State of Texas ("City").
WHEREAS, the County and the City did enter into an Agreement to fund and
produce the design and engineering plans for improvements to a defined segment of
State Highway 121, said segment generally located between Farm to Market Road
2499 and the Denton-Collin County line ("Project"); and
WHEREAS, the County and the City mutually desire to enter into an Agreement
pursuant to Chapter 791, TEXAS GOV'T CODE, 9791.014, the "Interlocal Cooperation Acf',
which provides authorization for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the
Act; and
WHEREAS, the design and engineering for improvements or enhancements to
State Highway 121 is a governmental function; and
1880612.3/SP/13152101 01/0731 06
WHEREAS, the County and the City did enter into an Interlocal Cooperation
Agreement on or about January 3, 2000 ("Agreement") for the City to provide certain
funding to enable the County to engage one or more entities to facilitate the plans,
designs, and documentation for the Project; and
WHEREAS, the City did, by adoption of Resolution 00-01, authorize the
execution of said Interlocal Cooperation Agreement and the County, by adoption of
Commissioners Court Order No. 00-0063, authorized the execution of the same
Interlocal Cooperation Agreement, which is attached hereto as Exhibit "A" and
incorporated herein; and
WHEREAS, pursuant to the Agreement the City agreed to pay to the County a
total amount of $1 ,310,000 payable in five (5) equal annual installments of $262,000 for
defined professional services for the Project; and
WHEREAS, the County filed an application with the Texas Department of
Transportation to obtain a $10 million loan from the State Infrastructure Bank ("SIB
Loan") to fund a portion of the Project, including, engineering and design plans; and
WHEREAS, the Texas Transportation Commission did adopt Minute Order
Number 108415 on January 25, 2001, wherein the commitment made by the Texas
Department of Transportation to the County for financial assistance in the amount of
$10 million from the State Infrastructure Bank was met by authorizing the purchase of
$10 million of Denton County, "Series 2001 Texas Tax Notes"; and
WHEREAS, the City pursuant to the terms of the Agreement, did make and
tender to the County five (5) installment payments of $262,000 with warrants numbered:
1880612.3/SP/13152101 01/0731 06
081845,006863,016476,037536, and 048434 which were negotiated and deposited by
the County, which met all financial obligations of the City under the Agreement; and
WHEREAS, the City, County and the Texas Department of Transportation
("TxDOT") did sign and enter into a "Memorandum of Understanding SH121 Funding
Strategy" ("SH121 MOU") on March 24, 2005; and
WHEREAS, the SH121 MOU did specify in the Section I: "Near Neighbor/Near
Time Frame Policy", paragraph entitled the "City of the Colony", subparagraph 4
thereof, that "Upon reimbursement by TxDOT, Denton County agrees to refund the City
of The Colony's State Infrastructure Bank loan and expenditures" which is attached
hereto as Exhibit "B" and incorporated herein; and
WHEREAS, the County has received from TxDOT reimbursement for the $10
million paid to the State pursuant to Texas Transportation Commission Order 108415
and the City has made all payments required pursuant to the Agreement; and
WHEREAS, "Section 5" of the Agreement provides for the amendment or
modification of the Agreement by written consent of both the City and the County, which
both hereby express and consent to accept, and adopt this First Amendment to the
Agreement and incorporate the same therein, for all purposes.
NOW THEREFORE, in consideration of the premises and covenants herein
contained, the City and the County agree as follows:
Section 1
The provisions set forth in the Preamble of this First Amendment to the
Agreement are true and correct and are hereby incorporated by reference, as if fully set
1880612.3/SP/13152101 01/0731 06
forth in the body of this First Amendment and shall become and are hereby made a part
of this First Amendment, for all purposes.
Section II: Reimbursement
The County hereby agrees to refund and will reimburse to the City an amount
totaling One Million Three Hundred Ten Thousand Dollars ($1,310,000) by the City to
the County pursuant to the Agreement within sixty (60) days of the execution of this
First Amendment, and prior to said sixty (60) days, if possible.
Section III: Severable
If any clause, provision, or section of this First Amendment to the Agreement is
ruled is invalid or unenforceable by a Court of competent jurisdiction, the invalidity or
unenforceability thereof shall not affect any of the remaining clauses, provisions or
sections thereof.
Section IV: Execution
This Agreement may be executed in one or several counterparts, each of which
shall be original and all of which will constitute but one and the same documents.
Section IV: Incorporation
This First Amendment to the Agreement is incorporated into and made a part of
the Agreement for all purposes.
Section VI: Venue
This Agreement shall be governed by and all respects by the laws of the State of
Texas and the venue shall be in Denton County, Texas
1880612.3/SP/13152101 01/0731 06
Whereof the City and the County have caused this "First Amendment to the
Agreement" to be executed by their duly authorized representatives pursuant to
Resolution No. [) {;:-OL., q of the City and Commissioners Court Order No.
EXECUTED in duplicate originals this, the
.1f'
day of August, 2006.
COUNTY
Denton County, Texas
110 West Hickory
Denton, Texas, 76201
CITY
City of The Colony
6800 Main Street
The Colony, Texas 75056
By:
Hon. Mary Horn
Denton County Judge
BY~("~ ci_L
Dale Cheatham
City Manager for the
City of The Colony
Acting on behalf and by the authority of Acting on behalf and by the authority of
the Commissioners Court of Denton the City of The Colony, Denton County,
County, Texas Texas
ATTEST:
Denton County Clerk
ATTEST:
B(7 A . D L ' .~.
~,: /\,/1 .J.J~_c ^-' A.....I:::'-4.\-_
-City Secretary
By:
By:
By:
.~
APPROVED AS TO FORM:
Assistant District Attorney
1880612,3/SP/13152101 01/0731 06
., Mev 30 05 OB: 048
, -J
Cit~ OF The Celen~
972-624-2317
THE STATE OF TEXAS
COUNTY OF DENTON
)
)
)
INTERLOCAL AGREEMENT - SH 121
. ---
This Interfocal Agreement - SH 121 (the "Agreement") is entered into as of.... il] f). ..oJ
:.@Q. by and belween Denton County, Texas (the .County") and n(. (! cd "f" f ,Texas (the
"City').
WITNESSETH:
WHEREAS, the County and the City desire to enter into an agreement for the design,
construction and improvement of a portion of State Highway 121 {the "Project"};
WHEREAS, ~!fe lnterlocal CooperatlonAct,- cOdified as V. T.e.A., Government Code. Chapter.
791 (the "Act"), provides authorizatIon for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the Act; and
WHEREAS, the County has tiled an application with the Texas Department of Transportation
to obtain a $10,000,000 roan from the State Infrastructure Bank (the "SIB Loan"} to fund a portion
of the Project, including, partiCUlarly the engJn~ering therefor;
WHEREAS, the .city has heretofore expressed its support of the Project and the funding of
a portion of the costs of saId Project;
WHEREAS, to enable the County to perfonn certain functions related to the Project the City.
has heretofore agreed to pay to the County a total amount of $ ~j /q I.....k: payable in five equal
annual installments of $ ::~..; h-t1 each as hereinafter provided;
WHEREAS, the parties hereto agree that if the SIB Loan has not been made to the County
on or before October 1, 2000. the City reserves the right to withdraw its c(JfTJmitment under this
Agrfi!ement;
af 32llO.02I096Of363
EXHIBIT "All
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Cit~ OT The Colon~
972-824-2317
WHEREAS, the City and the County have both found and determined and do hereby find
and determine that the Project is In the best Interests of the citizens of both the City and the County;
NOW, THEREFORE, In consideration of the premises and covenants herein contained, the
City and the County agree as follows:
Section 1.
The provisions of this Agreement contained In the preambles set forth above
are hereby incorporated by reference as if fully set forth In the body of this Agreement and shall
become and are hereby made a part of this Agreement for all purposes.
Section 2.
The City hereby agrees to pay the County the sum of $ / ...310. (J'1f7!j (the
, "
"City Comrnitment") payable In annual installments of$~~, /J7J.-;) on or before October 1, 2000
and each October 1 thereafter untfl fully paid. The County agrees to provide and perform
governmental functions and services as permitted by the Act in conneCtion with the Project The.
City reserves the right to withdraw and cancel the City Commitment in the event the County has not
received the SIB Loan proceeds by or before October 1. 2000. No interest shall be charged to the
City in connection with the Installment payments of the City Commitment. The City hereby reserves
the right to prepay the City Commitment at any time during the term of this Agreement, without
penalty.
Section 3.
The City Commitment shall be paid only from current revenues of the City as
those revenues exist from time to time.
Section 4.
This Agreement shall be for a term of six (6) years or until the City .
Commitment is paid in full. whichever is less.
Section 5.
This Agreement may not be amended or modified without the prior written
consent of both the City and the County.
8132l1O.02I0ll501383
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Section 6.
Cit~ OT The Colon~
972-624-2317
unenforceable by a court of competentJurfsdiction, the Invalfdity or unenforceability thereof shall not
If any dause, provision or section of thIs Agreement is ":l'ed invalid or
affect any of the remaining clauses, proVisions or sections hereof.
Section 7.
be an original and all of ~hich shall constitute but one and the same documents.
This Agreement may be executed in several counterparts, each of which shall
Texas.
a 132611.02J09501363
Section 8.
This Agreement shall be governed in ail respects by the laws of the State of
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,-, " ,. Nov 30 05 08: 05a
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972-624-2317
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IN WITNESS WHEREOF, the City and the County have caused this Agreement to be
executed by their duly authorized representatives pursuant to(ord'nance or resolutio'nJ number
Cf"J-nJ of the City and Commissioners Court Order No. ~-(r56.:3
DENTON COUNTY, TEXAs
By:
By:
ATTEST:
APPROVED AS TO FORM:
I
By: tfLilltttt..Id{illL-dittk7' "
Assistant District Attorney
.
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Sf 325l1.07JlIlI501363
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R-egional Transportati.on Council -
The Transportation Policy Body for the North Central Texas Council ot Governments
(Metropolitan Planning Organization lor rhe Oallas-Forl Worth Region)
.
TO: S.H. 1 ~1 Memorandum of
Understanding Signatories
. FROM: Michael Morris, P.E.
Director of Transportation
DATE: March 24. 2005
SUBJECT: Transmittal of S.H. 121 Memorandum of Understanding
The S.H, 121 Memorandum of Understanding (MOU) that outiines the funding strategy
associated with the tolling of S.H. 121 from the southem end of the S.H. 121 ~ypass at Denton
Creek tothe Dallas North Tollway has recently been finalized. A fully executed onginalis being
transmitted to you via certified mail. As noted in the document, tnis MOV serVes i3s a staff .
planning dc;x:utnent. which will be supported by subsequent approval by your policy bodies by
resolution.
The North Central Texas Council of Govemments and Texas Department of Transportation
have secured or are pursuing func:ling for all projects identified in Jhe MOU. PIe~se note that all
projects included in the S.H. 121 MOU will go tObic;j as soqn as funding is avaiUiJble and the.
. project is ready for.CQnstruction. We look forward to working witt} you in the future. to monitor
these projects and fadUlate their timely irnp'emEintatlon. .
, Please contact Christie Jestls or me at 817/695-9240 if you have any questions or if you need
any additional information regarding the S.H. 121 Memorandum of Understanding.
fStp
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Endosure.
cc: BOb Brown, P.E., Assist;Jnt District Engineer, Texas Deparbnerit of Transportation
Ken Gr;mn, P.E., City Engineer, City ofCoppell
Jell)' Hqdge. Director of Public Works, City Of Grapevine
Cesar Molina, Jr., P.E.. Director of Transportation, City of Carrollton
John Polster, Innovative Transpc;>rtation SOluUons, Inc.
Cissy S'ylo~ P.E., DIr~ctor of Engineering Services. City of Frisco
Alan Upc:;hurch,P.E.. City Engineer. GitY of Plaho
2004-2005 UPWP Element 3.01 Project File
p. O. Box 5888 . Arlington, Texas 76005-5888. (817).695-9240 . FAX (817) 640-3028 (!)
-htfp:lfwww.nctcog.dst.tx.usltrans
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EXHIBIT "B"
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MEMORANDUM OF UNDERSTANDING
S.H. 121 Funding Strategy
This memorandum of understanding (MOU) is a staff planning document that is intended to outline the
agreement regarding ~e S.H. 121 toliway fimding strategy and is nOI intended to ~ a legally binding or
enforceable agreement. On March 25, 2004, the Texas Transportation Commission approved Minute 9rder
109615. which allows the Texas Department ofTrmsportation (TxDOl) to issue bonds and other public
securitics'to fund state highway system improvements. Subsequently. TxDOT and the North Central Texas
Council ofGovemments (NCTCOO) recommended the construction ofS.H. 121 as an eleCtronic toll facility
ftom the southern end of the SlI. 121 Bypass at Denton Creek to the Dallas North Tollway (DNI). Denton
County. The Colony.leWisville, CarrolJlon, Coppell. Frisco, PIano, and Grapevine concur with the TxDOT
and NCTCOG recommendation. The impacted parties hereby do state their positions concerning the ~g
strategy and, subject to the various conditions contained herein and approval of appropriate fimding and
contractual documents, their intent to subsequently enter into binding agreements which will impl~t the
following baSic terms. It is noted that aU projects included below will go to bid as soon as the project'is ready
for construction.
1.: NEAR NEIGHBORINEAR TIMEFRAME POLICY
,; ".
DENTONCOUNJ'Y
I.H. 35E: from fresJdent Georg, Bush Turnpike (pGBl) to the Lake LewisviDj!: Bridge
. benton County wiD contribute $51 million from TRIP-04, the T~rtation Road Improvement
Program - 2004 from County Judge, Commissioner Precinct I, and CoDllllissJoner precinct 3 funds.
· TxDOT 8gJ:eeS to ~ the remaining cost of Design. Rigbt-of- Way (ROW), and Constructi~
· TxDOT agrees to make every effort possible to op~n lH. 35E to traffic by iOll or within seven year,s
of agreement on S.H. 121,
F oM. 720: from .2 MUes West of Gar-a Lane to .1 mile west ofF.M. 423
· Denton County agrees t6 ~ $6 million ~ TRIP-04 funds to provide the Environmental Assessment
. (EA). Schematic. PS&B, and l00A. of ROW costs ~ Commissioner Precinct I1bnds With
rimminmg ~COJDmiftc,d to the cost of construction.
· TxDOTINcTCOO agree to fimd 90% of ROW and the remaining cost to construct F.M. 720.
· TxDOTlNCTCoG agree to make every effort possible to' open F.M. 120 to traffic by 2008.
F.M. 423: from S.H.121 to U.S. 380 '
· r>enton Couniy will provide the EA. Schematic, and PS&E for F.M. 423 from. Ste~ Creek Road to
U.S. 380 fWmCommissioner- Precinct l1imds. Denton County will also pay 10-.4 of ROW for this
segment with $3.5 million in TRIP-04 ftmds with remaining funds committed to the eost of
construction.
· TxOoTINCTCOG agree to, fund remaining cost of construction for F.M. 423 :from Stewarts Creek to
U.S. 380.
· Denton County agrees to fund 100% of the cost of the EA, Schematic, andPS&EforF.M. 423 from.
SR. 1.21 to Stewarts Creek R~d. .
· Denton County agre~ to ~ 1001c. of ROW for F.M. 423 from S.H. 121 to Stewarts Creek Road ~m
Commissioner PrecinCt 2 funds.
· TxDOT/NCfCOO ~grce to fund 90% of ROW for F.M. 423 from SlI. 121 to U.S. 380.
· TxDOrlNCTCOG agree to fund 100010 of construction for P.M. 423 from SA qI to Stewarts Creek. .
· TxDOTlNCTCOG a~ to make every effort possible to accelerate F.M. 423 letting to pctlnjt it to be,
open. to traffic near F.:j\.f. 720 completion and coordinated with the northern F.M. 423 segment, but in
any event within six years of agreement on S.H. 12]. .
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ReDrloritizltion of S.B. 114
Denton County agrees to stage construct S.H. 114 from I.H. 35W to F.M. I S6 freeing up approximateJy $47
million. In retum, Denton County requests the following:
S.iI.114: froro.3 MDes East ofWiselDento'il County Line to 2,100 Feet West ofF.M. 156.
. Denton County to provide EA, Schematic, and 10% ROW. .
. TxDOTINCI'COO agr= to fund PS&E, 90% of ROW and 100010 Construction (funds for this project
already exist in the Unified Transportation Progr.ttn).
. TxOOTINCI'COO agree to make every effort pOSSlbJe to let S.H. 114 by 2006.
F.M. 407: from F oM. 1830 to Chinn Chapel Road
. Denton County to provide EA, Schematic, PS&E, and 10% ROW.
. TxDOTINCTCOO agree to fimd 90% of ROW and 100% of construction.
. TxDOTlNctCOO agree to make every effort possible to let F.M. 407 by 2006.
De-federaliZation of Proiects
Denton County agrees to reprioritize $18.25 JDillion of its participation in the fonowing projects in the
following amounts:
. LB. 3SE Commissioner Precinct 2 funds totaling $2 million
. F.M. 423 Commissioner Precinct 2 funds totaling $10.5 million
. F.M. 544 Conmlissioner Precinct 2 funds totaling $5.75 million
ThDQTINCTCOG agree to fund the $18.25 million reprioritized by Denton County as outlined above. if
Denton COUIity wUl :ftmd the fonowing local projects totaling $18.25 JiDllion: .
. Memorial Drive (three sections) from Blair Oaks to Navaho (012 .to 41anes) totaling $4.75 nullion
. &;uth Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 nnlJion
. Paige Road fiom South Colony to North Colony (4 to 6 lanes) totaling S4.25 nul1ion
. F.M.423 10% ROW totaling $4 million
. The ColoDy's share of utility ~location and installation costs along F.M. 423; not fuJ)ded by TxDOT,
tptaJing $3 million. .
The defederalized :ftmds aUocated to local projects are DOt necessarily prioritized jn the order in which they
~ in the Memorandum of Understanding, but will be fimded according to the agreements exeCuted
betWeen Denton County (Precinct 2) and the City of The toiony.
COLLIN COUNTY
Upon reimblD'Sement by TxDOT, Denton County agrees to refund Collin County's State Infrastructure BanJc
loan expenditures.
CITY ovTB:E COLONY
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F.M. 423: ~m s.iI. 121 to U.s. 380
The City of The Colony benefits.from the construction ofF.M. 423 (see terms oudined in the Denton County..
S.H. 121 ~earN~~gbbot1NearTimeftame Projects above).
FoM. 720: from ~2 MHes West of Garza Lane to .1 mile west ofF.M. 423
The citY .0fThe Colony benefits from the consfrucJjon ofF.M. 720 (see tenns outlined in the Denton.County ~
SJL 121 Near NeighborlNear TJJJleframc Projects above).
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Denton County agrees to fund the fonowing projects as listed in the De-federalization section:
· M~ Drive (three sections) :from Blair Oaks to Navaho (0/2 104 lanes) 10taIing $4.75 million
· South Colony Blvd. from Memorial Drive to S.H. 121 (0 to 4lancs) totaling $2.25 rmlIion
· Paige Road from South Colony to North Co1~)DY (4 to 6 lanes) totaling S4.2S miIIion
· F.M. 423 loo" ROW totaling $4 million _
· The Colony's share of utility relocation and installation costs along F.M. 423 not funded by TxDOT,
totaling 53 million
1)pon reimbtusen:lent by TxDOT. Denton County agrees to refund the City oiThe Colony's State
.Infrastructure Bank loan expenditures.
NCfCoG wJ1I request that the North Texas Tollway Authority (NTTA) have a tolItag store within the City of
The Colony to accommodate local utilization. -
NCTCOG Will request that NTT A initiate discussion regarding the use of toll tags by rental vehicle agencies.
ClTv OFLEwISVILLE
I.H.. 35E from PGBT to Lake LewisviDe Bridge
· TxDOTINCTCOG agree to fund an -additional $8 miJIion to replace the City ofLcWisvine's $8
million bond :fund conlribution to the 1.H. 35E project.
Local Project$: _
· 'NCTCOG agrees to fund $8 million tow~ a local project. preJiminanly identified as CoIpOrate
Drive, in the City ofLewisville. The City of LewisY.iDe agrees to fund the local match for this project.
· Upon reimbursement by TxDOT, Denton County agrees to refund the City ofLewisvilIe's State
In1iutructure Bank loan expenditures.
CITY OF CARROll-TON
I.D. 3~ from PGRT to Lake LewisvDJe Bridge
· Denton County will contribute $57 million trom TRlP-04.
· 'txDOT agrees to fund the remaining cost of Design. ROW, and Construction.
· TxDQT agrees to make evoy effin1 possible to open lB. 35E to.lraffic within 7 years of agreement
on S.H. 121.
Beltllne Road from Jackson Road to 1,000 feet west ofI.B. 3SE
· TxDQT agrees to fund S10 million toward the reconstruction ofBeltlii1e ~oad to create a grade-
'separated facility that will pass unc;Ier LH. 35E and the existing rail lines in the area.
· NCTCOO agrees to pursue $10 million in funding toward the reconstmction ofBeliline Road to create
a grade:.separated facility that win pass UIider I.H. 35E and the eXisting rail lines in the area. -
· TXDOTINCfCOO agree to fund the project in 2005 and m3ke every effort possible to complete the
project by 2011
· The City ofCamlJJton WJll worlc with other local partners to identify a :funding source for the
temaining funding shortfidl.
· Upon reimbursement by TxDOT. Denton Comty agrees to refund the City of Carroll lon's State
Inttastructme Bank loan expenditures.
CITY OF COPPELL
Freeport Parkway from 8.u. 121 to Saudy Lake Road; new roadway; 0 to 6 lanes
· NCTCOG agrees to:fund $3.64 million toward the construction ofFrceport Parkway.
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Freeport Parkway from Sandy Lake Road to Ruby Road; addition of Janes; 2 to 4 lanes
. NCTCOG agrees to flmd $3.368 million toward the widening of Freeport Parlcway.
The Funnel ProJec:t:
. TxDOTJNCTCOG agree to expedite construction of the "Funnel" project on S.H. 121/S.H. 114 from
Business 114 to the Dallas County Line.
. Upon reimbursement by TxDOT, Denton COWlty agrees to reftmd the City of Coppell's State
Infrastructure Bank Jom expenditures.
TxDOT ensureS placement of a northbound exit ramp on S.D. 121 to serve Sandy Lake Road. The
ramp should:
. Protect the diamond interchange planned at S.H. 121 and Freeport Parkway, and
. Provide access to Grapevine Mills Shopping Mall.
CITY OF GRAPEVINE
The Funnel Project:
. TxDOT agrees to fully fund and expedite ct;Jnstruction pfthe "Funnel" project on S.H. 121/S.H.114
1i"oIn Business 114 to the S.H. 121 BypasslDenton Creek.
. ,Upon reimbursement by TxDOT, Denton County agrees to refund the City of Grapevine's State
Infrastructure Bank Joan expenditures.
ClTY OFPLANO
u.S. 75.R,amp Impro1i'emenfs at Parker Road: .
. NcrcOO a~ to reallocate federal :funds UoJ,11 two intersection improvement projects at Preston
RoadILcgacy Drive and Spring Creek Parkway/Coil Road, and from the Los Rios BouleVard wideirlng
project to construct ramp improvements at U.S. 75 and Parker Road thrOugh the November 2004
Statewide Transportation Improvement Program Csn:r) Revisions.
. NcrcOG agrees to fUnd 53 million for the U.S. 75/Parker Road Interchange project to ~ added to
the Transportation Improvement Progr!lln through the February 2005 STIP Revisions~ An additional
$3 million in TxDOT f\toding will be pursued for this project.
CITY OF FRIsco
FM. 423: from S.H. 121 to VA 380 .
The City of Frisco benefits ~ the construction otF.M. 423 (see tcnns outlined in the Denton County - S.H.
121 Near NeigbborlNcar Timeframe Projects above).
F.M. 2934 from F.M. 413 to ~e DaDas North ToUway; widen 2 to 6 JanedMded
· TxDOT agrees to .fim4 100% of construction costs for F.M. 2934 from P.M. 423 to the Dallas North
Tollway as previously committed by TxDOT.
· The cost estimate for this project is $12 million.
· TxDOT aSrees te;>> make eyery effort possible to Jet the project immediately upon ~lction .of
design, approvil of the EA, and ROW acquisition, which is estimated tQ be complete by fall 2005.
Ii'..M. 3537 from S.H. 289 to F.M. 2478; widen :z to 6 lane divided
· TxDOT agrees to :fund 1000/0 of the construction cost ofF.M. 3537 from S.H. 289 to PM. 2478 as
previously agreed upon between the City of Frisco and '1XDOT as part ofnego~oDs. for the City of
Frisco for constructing FM. 720 from F.M. 423 to Preston at the City of Frisco's expense.
. The cost est~te for t1Iis project is $18 million.
. TxDQT agrees to make every effort possible to let the project immediately upon completion of design,
approval of the ~ and ROW acquisition, which is estimated to be complete by spring 2006.
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Tolling aloog S.H. 121 from Denton Creek to the Dallas North Tollway
· TxDOT and the City of Frisco agree that the westbotmd Legacy and eastbound Dallas North Tollway
exit ramps will not be tolled. .
· TxDOT aod the City of Frisco agree to allow a tol1 on the westbound Spring Creek Parlcway exit ramp
only.
U. FUTURE EXCESS TOLL REVENI1E POlley
On Sept~ 9,2004, the Regional Transportation Council of the North Central Texas Council of
Governments approved the attached policy regarding excess revenuc generated by toll roads in the Dallas-Fort
Worth area. The approved pQlicy outlines the circumstances uDder which excess toll revenue would be<:ome
available and be distributed.
ID. SIGNATURE OF AGREEMENT
This agreement is contingent upon approval of tile terms outlliied herein by the policy body of each impacted
party, as well as.final approval oft:hc fundingpaclcage by the texas Transportation Cnmmi~n.
~rJ~
15Mf~:J
North Central Texas CounCil ofGovemments
William Hale, P.E.
Texas Department of Transportation
I~~('~)
pcnlon Coon ,
Qk~L
Dale Cheatham
City olThc Colony
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~oDard~8rtin .
city ~f~i1ton
CIa .'.g
City of~ville
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To.mMuehlenbeck .' . .gcr .' . L~. _ . ~
City of PIano . Ci .,. ........~4
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