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Home My WebLink AboutResolution No. 2012-007 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012- P!'` 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 TO REDUCE THE FUNDING ASSOCIATED WITH THE CONSTRUCTION OF PAIGE ROAD FROM SOUTH COLONY BOULEVARD TO NORTH COLONY BOULEVARD; PROVIDING AN EFFECTIVE DATE WHEREAS, The Colony City Council approved Resolution No. 06-103 on December 4, 2006 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 $6,335,065.00 associated with the construction of Paige Road from South Colony Boulevard to North Colony Boulevard; and WHEREAS, the First Amendment to said Interlocal Cooperation Agreement authorizes Denton County to decrease the reimbursement for the city's local match to $6,035,065.00; and, WHEREAS, this decrease provides the remaining balance of $300,000 be applied to the Plano Parkway Widening 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 February, 2012. r zel" Jo McCourr , Mayor ity of The Colony, Texas AT dviostie Wilson, TRMC, City Secretary s: APPROVED AS TO FORM: = Jeff Moore; City Attorney f r X27 1.... r ' t ~ 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 December 19, 2006, the Parties entered into an Interlocal Cooperation Agreement under Denton County Commissioners Court Order Number: 06-0808, hereinafter "the original Agreement," to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith, hereinafter "the Project." The Project was to be performed entirely within the boundaries of the City and Denton County Commissioner Precinct 42 and total Project costs were estimated to be SIX MILLION THREE HUNDRED THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/] 00 DOLLARS ($6,335,065.00) WHEREAS, under the terms of the Agreement, the County agreed to contribute SIX MILLION THREE HUNDRED THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/100 DOLLARS ($6,335,065.00) 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 cost of the Project to a total revised cost not to exceed SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/100 DOLLARS ($6,035,065.00), bringing the County contribution toward satisfactory completion of the Project to a revised total of SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/] 00 DOLLARS ($6,035,065.00). 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 decrease in the cost of the Project. All other terms and conditions of the original Agreement are First Amendment - City of The Colony ICA -Paige Road I of4 hereby affinned 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 is to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith within the boundaries of the City. The Project costs are currently estimated to be SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/100 DOLLARS ($6,035,065.00). AMENDED SECTION III. The County agrees to contribute an amount which shall not to exceed SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/100 DOLLARS ($6,035,065.00) toward satisfactory completion of the Project. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, and, at the same time, submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. Invoices shall be submitted on a monthly basis and the County shall reimburse the City, based on the relative funding obligations of the Parties, for all approved expenses related to the Project within thirty (30) calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. Any amount of the SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/100 DOLLARS ($6,035,065.00) not expended by the City on this Project shall remain available for related costs or additional local projects enumerated in the Memorandum of Understanding referenced herein. 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 First Amendment - City of The Colony ICA - Paige Road 2 of4 t 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. Executed in triplicate originals this 'day of-('.~t 2012. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS 110 West Hickory 6800 Main Street Denton, Texas 76201 The Colony, Texas 75056 By: - By: 41 Honorable Mary Hon s Honor le Joe cC rry Denton County Judg'May r of the City o The Colony, /ity Acting by and on behalf of the authority Ac ng by and on behalf of the auth the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATTEST: ' I , ~ s ~ 1. By: B ~i , ~z4 City Secretary Denton Count 1 rk .sZ °E, FFILF 1 I APPROVED AS TO FORM: APPROVED AS TO FORM: AA By: By: Assistantd!' trict 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. De n y Auditor First Amendment- City of The Colony 1CA - Paige Road 3 of 4 J 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 December 19, 2006, under Denton County Commissioners Court Order Number: 06-0808. The First Amendment to the Interlocal Cooperation Agreement is necessary in order to reflect a decrease in the cost of the Project to a total revised cost not to exceed SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/100 DOLLARS ($6,035,065.00), which will decrease the Denton County contribution toward satisfactory completion of the Project to a revised total of SIX MILLION THIRTY-FIVE THOUSAND SIXTY-FIVE AND NO/] 00 DOLLARS ($6,035,065.00) 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 r Presiding Officer of h Denton County Com issioners Court First Amendment- City of The Colony ICA -Paige Road 4 of 4