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HomeMy WebLinkAboutResolution No. 2011-045 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2011-045 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 AND EXPANSION OF PLANO PARKWAY; PROVIDING AN EFFECTIVE DATE WHEREAS, The Colony City Council approved Resolution No. 2010-028 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 $260,000.00 associated with the widening and expansion of Plano Parkway from SH 121 to the south city limit (0.4 mile south of Windhaven Parkway); 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 $1,460,000.00; 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 5th day of July, 2011. Jo, McCourry', Mayor City of The Colony, Texas AT EST: Christie Wilson, TRMC, City Secretary ~;uxtxir,~ APPROVED AS TO FORM: Jeff Moore, City Attorney NI ~Fr.a P~B 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: 10-0260, hereinafter "the original Agreement," for the purpose of providing for all necessary design, installation, inspection fees, right-of-way li acquisition, utility relocation and construction for right-of-way acquisition and construction required for the widening and expansion of a portion of Plano Parkway from SH 121 to 0.4 miles south of Windhaven Parkway from a four lane roadway to a six 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 TWO HUNDRED SIXTY-THOUSAND AND NO/100 DOLLARS ($260,000.00); and WHEREAS, the Parties to the original Agreement now intend to amend Section II and Section III of the original Agreement in order to reflect an increase in the scope and cost of the Project. The revised scope of the Project shall be limited to engineering, right-of-way acquisition, utility construction, inspection fees and all related construction activities for the widening and expansion of a portion of Plano Parkway from SH 121 to 0.4 miles south of Windhaven Parkway from a four lane roadway to a six lane urban roadway with auxiliary lanes with an increase in the cost of the Project to a total revised cost not to exceed SEVEN MILLION TWO HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED SEVENTY- THREE AND NO/100 DOLLARS ($7,255,373.00), which will increase the County contribution toward satisfactory completion of the Project by the sum of ONE MILLION TWO HUNDRED First Amendment - City of The Colony ICA - Plano Parkway I of 4 THOUSAND AND NO/100 DOLLARS ($1,200,000.00) bringing the County contribution toward satisfactory completion of the Project to a revised total of ONE MILLION FOUR HUNDRED SIXTY THOUSAND AND NO/] 00 DOLLARS ($1,460,000.00). 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 consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City hereby agree to amend Section II and Section III of the original Agreement to reflect the increased scope and 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 II. The County and the City hereby agree that the scope of the Project shall be limited to providing for engineering, right-of-way acquisition, utility construction, inspection fees and all related construction activities for the widening and expansion of a portion of Plano Parkway from SH 121 to 0.4 miles south of Windhaven Parkway from a four lane roadway to a six lane urban roadway with auxiliary lanes. AMENDED SECTION III. The County hereby agrees to contribute an amount toward the engineering, right-of-way acquisition, utility construction, inspection fees and all related construction activities of the Project, which shall not exceed ONE MILLION FOUR HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($1,460,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. This amount includes TWO HUNDRED SIXTY-THOUSAND AND NO/100 DOLLARS ($260,000.00) which was previously pledged by the County in the original Agreement between the Parties. 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. First Amendment - City of The Colony 1CA - Plano Parkway 2 o174 Executed in triplicate originals this day of 2011. DENTON COUNTY, TEXAS CITY OF HE COLONY, TEXAS 1 10 West Hickory 6800 Main Street Denton, Texas 76201 The Colony, Texas 75056 B B Honorable Mary Horn Honorable Joe McCourry Denton County Judge 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-,, By: By( Denton County Clerk City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Y`~d By: By: Assistant District Attorney City Attorney' COUNTY AUDITOR'S CERTIFICATE I hereby certify that funds will be available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor First Amendment - City of The Colony ICA - Plano Parkway 3 of 4 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 II and Section III of the Interlocal Cooperation Agreement which was approved on April 13, 2010, under Denton County Commissioners Court Order Number: 10-0260. The First Amendment to the Interlocal Cooperation Agreement is necessary in order to reflect an increase in the scope and cost of the Project. The revised scope of the Project shall be limited to engineering, right-of-way acquisition, utility construction, inspection fees and all related construction activities for the widening and expansion of a portion of Plano Parkway from SH 121 to 0.4 miles south of Windhaven Parkway to a six lane urban roadway with auxiliary lanes with an increase in the cost of the Project to a total revised cost not to exceed SEVEN MILLION TWO HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED SEVENTY-THREE AND NO/] 00 DOLLARS ($7,255,373.00), which will increase the Denton County contribution toward satisfactory completion of the Project by the sum of ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00) bringing the Denton County contribution toward satisfactory completion of the Project to a revised total of ONE MILLION FOUR HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($1,460,000.00). 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: Presiding Officer of the Denton County Commissioners Court First Amendment - City of The Colony ICA - Plano Parkway 4 of 4