HomeMy WebLinkAboutResolution No. 2010-080
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010- i ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL
COOPERATION AGREEMENT BETWEEN DENTON COUNTY
AND THE CITY OF THE COLONY FOR LOCAL MATCH
FUNDING COSTS ASSOCIATED WITH WIDENING NORTH
COLONY BOULEVARD; PROVIDING AN EFFECTIVE DATE
WHEREAS, The Colony City Council approved Resolution No. 2010-029 on
April 6, 2010 approving an Interlocal Cooperation Agreement between the City of The
Colony and Denton County for reimbursing the city's local match funding costs up to
$500,000.00 associated with the widening of North Colony Boulevard; and
WHEREAS, the First Amendment to said Interlocal Cooperation Agreement
authorizes Denton County to increase the reimbursement for the city's local match up to
$1,480,218.00; and,
WHEREAS, this increase provides the remaining funding needed for the city's
twenty-percent (20%) local match for this project; and,
WHEREAS, the City Council has determined it to be in the City's best interest to
authorize the mayor to execute said First Amendment to the Interlocal Cooperation
Agreement between Denton County and the City of The Colony, attached hereto as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the mayor to execute the First Amendment to the Interlocal Cooperation
Agreement Between Denton County and the City of The Colony, attached hereto as
Exhibit "A".
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7th day of September, 2010.
Job McCourty, Mayor
of The Colony, Texas
as
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ATTEST:
ILL LI~4'z 1--vi
Christie Wilson, TRMC, City Secretary
APPROVED AS TO FORM: 44 -
Jeff ]Moore, ~Aty Attorney
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 corporate and political body under the laws of the State of Texas, hereinafter "the County," and
the City of The Colony, Texas, a political subdivision of the State of Texas, hereinafter "the City,"
whereby the County and the City are both collectively referred to herein as "the Parties." On
April 13, 2010, the Parties entered into an Interlocal Cooperation Agreement under Denton
County Commissioners Court Order Number: 10-0259, hereinafter "the original Agreement," for
the purpose of providing for all necessary design, installation, inspection fees, right-of-way
acquisition, utility relocation and construction for right-of-way acquisition and construction
required for the widening and expansion of a portion of North Colony Boulevard from Curry
Road to Paige Road to a four lane urban roadway with auxiliary lanes, hereinafter "the Project."
The Project was to be performed entirely within the boundaries of the City and Denton County
Commissioner Precinct #2.
WHEREAS, under the terms of the Agreement, the City agreed to provide all
necessary design, installation, inspection fees, right-of-way acquisition, utility relocation and
construction for right-of-way acquisition and construction required for satisfactory completion
of the Project, and the County agreed to reimburse the City in an amount which shall not exceed
FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00); and
WHEREAS, the Parties to the original Agreement now intend to amend Section III of
the original Agreement in order to reflect an increase in the cost of the Project to a total revised
cost not to exceed ONE MILLION FOUR HUNDRED EIGHTY THOUSAND TWO
HUNDRED EIGHTEEN AND NO/100 DOLLARS ($1,480,218.00) which will increase the
County contribution toward satisfactory completion of the Project by the sum of NINE
HUNDRED EIGHTY THOUSAND TWO HUNDRED EIGHTEEN AND NO/] 00 DOLLARS
($980,218.00) bringing the County contribution toward satisfactory completion of the Project to
a revised total of ONE MILLION FOUR HUNDRED EIGHTY THOUSAND TWO HUNDRED
EIGHTEEN AND NO/100 DOLLARS ($1,480,218.00).
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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
consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the
City hereby agree to amend Section III of the original Agreement to reflect the increased cost of
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 M.
The County hereby agrees to contribute an amount toward the design, installation,
inspection fees, right-of-way acquisition, utility relocation and construction for right-of-way
acquisition and construction of the Project, which shall not exceed ONE MILLION FOUR
HUNDRED EIGHTY THOUSAND TWO HUNDRED EIGHTEEN AND NO/100 DOLLARS
($1,480,218.00), provided that any and all funding is approved by formal action of the Denton
County Commissioners Court.
This Amendment to the original Agreement shall replace and supersede Section III 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.
This Amendment may be executed in multiple counterparts, attached to the original
Agreement, and shall collectively constitute an Amendment to the original Agreement. All
other terms and conditions of the original Agreement are hereby affirmed by the Parties.
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Executed in triplicate originals this day of -e1)1c-(1 , 2010.
DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS
110 West Hickory 6800 Main Street
Denton, Texas 76201 The Colony, Texas 75056
,d
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Honorable Mary Hpif- Honorable Joe.McCourry r
Denton County Ju e Mayor 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 Commissioners Court of the City of The Colony, Texas
ATTEST: ATTEST: j
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Bow A777 B
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Dr, on CpuntyjCl, r City -Secretary
APPROVED AS O FORM:- ,1.., APPROVED AS TO FORM:
By: a = By:
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Assista Vt istrict Attorney City Attorney'
COUNTY AUDITOR'S CERTIFICATE
/A'
I hereby certify that funds wtH=be7=available to accomplish and pay the obligation of
Denton County, Texas, under this Agreement. '
f
/ e on County 4i*
kll~ A / AA-
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APPROVAL 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 III of the Interlocal
Cooperation Agreement which was approved on April 13, 2010, under Denton County
Commissioners Court Order Number: 10-0259. The First Amendment to the Interlocal
Cooperation Agreement is necessary in order to reflect an increase in the cost of the Project to a
total revised cost not to exceed ONE MILLION FOUR HUNDRED EIGHTY THOUSAND
TWO HUNDRED EIGHTEEN AND NO/100 DOLLARS ($1,480,218.00) which will increase the
County contribution toward satisfactory completion of the Project by the sum of NINE
HUNDRED EIGHTY THOUSAND TWO HUNDRED EIGHTEEN AND NO/100 DOLLARS
($980,218.00) bringing the County contribution toward satisfactory completion of the Project to
a revised total of ONE MILLION FOUR HUNDRED EIGHTY THOUSAND TWO HUNDRED
EIGHTEEN AND NO/100 DOLLARS ($1,480,218.00).
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.
Date:v
Presiding Officer o he
Denton County Commissioners Court
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