HomeMy WebLinkAboutItem 06 - State Hwy 121MEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM s � —._
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, CITY MANAGER
DECEMBER 20, 2005
SUPPLEMENTAL AGREEMENT # 1 — STATE HIGHWAY 121
INTERLOCAL AGREEMENT WITH DENTON COUNTY
City Council consider adopting a resolution approving Supplemental Agreement # 1 —
State Highway 121 Interlocal Agreement with Denton County, and take any necessary
action.
BACKGROUND INFORMATION:
The City Council approved the Interlocal Agreement with Denton County in January,
2000 addressing the City's willingness to participate with Denton County; the cities of
Lewisville, Coppell, Carrollton and The Colony; NCTCOG and TxDOT in the funding of
State Highway 121 Improvements from FM2499 to Denton Creek.
The City of Grapevine committed to provide $750,000 in five annual payments to Denton
County. To date, the City has forwarded payments totaling $600,000.
With the reconfiguring of State Highway 121 to a toll facility, the funds committed by
Denton County and the cities are no longer necessary and have been refunded to
Denton County. The State Highway 121 Memorandum of Understanding, dated March
24, 2005, approved by the participating cities, Denton County, NCTCOG and TxDOT,
stated that upon reimbursement to Denton County by TxDOT, Denton County will refund
the City of Grapevine expenditures.
This Supplemental Agreement No. 1 amends the original Interlocal Agreement to include
this provision.
Staff recommends approval.
O:\agenda\12-20-05\SH 121 Refund Agreement —Denton County
December 15, 2005 (3:45PM)
The State of Texas
County of Denton
SUPPLEMENTAL AGREEMENT # 1 TO
THE INTERLOCAL AGREEMENT — SH 121
DATED FEBRUARY 1 2000
This Supplemental Agreement # 1 (the "Supplement") to the Interlocal
Agreement — SH 121 executed February 1, 2000 is entered into as of
by and between Denton County, Texas
(the "County") and the City of Grapevine, Texas (the "City")
WITNESSETH
WHEREAS, the County and the City desire to enter into an agreement for the
design and construction of improvements to that portion of State Highway 121 between
FM 2499 and the Collin/Denton County Line (the "Project"); and
WHEREAS, the Interlocal Cooperation Act, codified as V.T.C.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 SH 121 Memorandum of Understanding executed March 24,
2005 stated that upon reimbursement by the Texas Department of Transportation
(TxDOT), Denton County agrees to refund the City of Grapevine State Infrastructure
Loan expenditures.
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 County hereby agrees to refund the City of Grapevine's State
Infrastructure Bank Loan expenditures totaling the sum of SIX HUNDRED THOUSAND
DOLLARS ($600,000.)
Section 3. If any clause, provision or section of this Agreement is ruled
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 hereof.
Section 4. This Agreement may be executed in several counterparts, each of
which shall be original and all of which shall constitute but one and the same documents.
Section 5. This Agreement shall be governed in all respects by the laws of the
State of Texas.
IN WITNESS WHEREOF, the City and the County have caused this Agreement
to be executed by their duly authorized representatives pursuant to Resolution number
of the City and Commissioners Court Order Number.
DENTON COUNTY, TEXAS
By:
Mary Horn, Denton County Judge
ATTEST:
e
Deputy, County Clerk
APPROVED AS TO FORM:
Assistant District Attorney
CITY OF GRAPEVINE, TEXAS
RIA
William D. Tate, Mayor
Linda Huff, City Secretary
Matthew C. G. Boyle,
Assistant City Attorney
NOV 08 2005 4:41PM HP LASERJET 3200
THE STATE OF TEXAS } Cap
}
COUNTY OF DENTON }
.RLOCAL AGREEMENT— SH 121
This Interlocal Agreement — SH 121 (the "Agreement") is entered into as of
by and between Denton County, Texas (the
"County") and the City of Grapevine, Texas (the "City").
WITNESSETH:
WHEREAS, the County and the City desire to enter into an agreement for the
design and construction of improvements to that portion of State Highway 421 between
FM 2499 and the Collin t Denton County Line (the "Project");
WHEREAS, the Interlocal Cooperation Act, codified as V.T.C.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 filed an application with the Texas Department of
Transportation to obtain a $10,000,000 loan from the State Infrastructure Bank (the "SIB
Loan") to fund a portion of the Project, including, particularly the engineering 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 perform certain functions related to the
Project the City has heretofore agreed to pay to the County a total amount of $750,000
payable in five equal annual installments of $150,000 each as hereinafter provided;
P.2
NOV 08 2005 4:41PM HP LASERJET 3200 P.3
WHEREAS, the parties hereto agree that if the SIB Loan has not been made to
the County on or Wore October 1, 2000, the City reserves .the right to withdraw its
commitment under this Agreement;
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 shallbecome 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 $ 750,000
(the 'City Commitment") payable in annual installments of $ 150,000 on or before
October 1, 2000 and each October 1 thereafter until 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.
NOV 08 2005 4:41PM HP LASERJET 3200 p.4
Section 4. The County hereby agrees to withhold $'4 million in funds from its
bonds ($ 825 million), State Infrastructure Bank Loan ( $ 10 million } and NCTCCG
funding ( $ 30 million } for design of the segment of this project in Grapevine between
FM 2499 and Denton Creek.
Section 5. The County hereby agrees to engage its consultant engineering
firm in the design of the segment of this project in Grapevine between FM 2499 and
Denton Creek upon receipt of environmental clearance.
Section 6: This Agreement shall be for a term of six (6) years or until the City
Commitment is paid in full, whichever is less.
Section 7. This Agreement may not be amended or modified without the prior
written consent of both the City and the County.
Section 8.. If any clause, provision or section of -this Agreement is ruled
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 hereof.
Section 9: This Agreement may be executed in several counterparts, each of
which shall be original and all of which shalt constitute but one and the same documents.
Section 10. This Agreement shall be govemed in all respects by the laws of
the State of Texas.
[The remainder of this page intentionally left blank]
NOV 08 2005 4:42PM HP LASERJET 3200
IN WITNESS WHEREOF, the City and the County have caused this Agreement -
to be executed by their duly authorized representatives pursuant to
Resolution number
2000-05 of the City and Commissioners Court Order No. 0r � -00
DENTON COUNTY, TEXAS
8.
Y' —
Kirk Wilson, Denton County Judge
APPROVED AS TO FORM:
By:1t1;?cc•��'�
Assistant District Attorney
O.Aagenda101180 MUSSH121
CITY OF GRAPEVINE, TEXAS
By:
William D. Tate, Mayor
ATTEST:
By:
Linda Huff, City S tary
APPROVED AS TO FORM:
By: V•►
Mathew C. G. Boyle,-'
Assistant City Attorney
P.5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING SUPPLEMENTAL
AGREEMENT NO. 1 TO THE INTERLOCAL AGREEMENT
STATE HIGHWAY 121 WITH DENTON COUNTY, DATED
FEBRUARY 1, 2000, ADDRESSING REFUNDING OF THE
FUNDING PARTICIPATION TO DESIGN AND
CONSTRUCT MAIN LANE IMPROVEMENTS ON STATE
HIGHWAY 121 FROM FARM TO MARKET 2499 TO THE
COLLIN/DENTON COUNTY LINE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, State Highway 121 is a critical component of the Northern Metroplex
Regional Transportation System, serving the continually expanding residential
communities and employment centers along the corridor between Dallas/Fort Worth
International Airport and Collin County; and
WHEREAS, Denton County developed a funding program for the design and
construction of main lane improvements on State Highway 121 from Farm to Market
2499 to the Collin/Denton County; and
WHEREAS, the five cities in this corridor, Lewisville, Coppell, Carrollton, The
Colony, and Grapevine indicated their support of this program and indicated a
willingness to participate in the funding of these improvements; and
WHEREAS, the funding for the project was as follows:
State Infrastructure Bank Loan
$ 10 Million
Denton County Bonds
$ 8.25 Million
NCTCOG (STP -MM)
$ 30 Million
TxDOT (NHS)
$ 97.55 Million
WHEREAS, the City of Grapevine's participation was established at $750,000.00
of the total $10 million city participation to repay the SIB Loan; and
WHEREAS, the City of Grapevine has paid $600,000.00 of the $750,000.00
commitment to Denton County to date; and
WHEREAS, the State Highway 121 Memorandum of Understanding, executed
March 24, 2005, stated that upon reimbursement by the Texas Department of
Transportation, Denton County agreed to refund the City of Grapevine State
Infrastructure Loan expenditures; and
WHEREAS, Supplemental Agreement No. 1 to the Interlocal Agreement State
Highway 121, dated February 1, 2000, reflects Denton County's agreement to
reimburse the City of Grapevine the $600,000.00 paid to Denton County.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this resolution are true
and correct and are incorporated herein as if copied in their entirety.
Section 2. That the City of Grapevine approves Supplemental Agreement
No. 1 to the Interlocal Agreement State Highway 121, dated February 1, 2000.
Section 3. That this resolution shall become effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 20th day of December, 2005.
ATTEST:
RES. NO. 2