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HomeMy WebLinkAbout1999-244ORDINANCE NO 99-a W AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH AND TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE U S DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT" NO TX-90-X474, A GRANT FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORZED BY 49 U S C §5307 AND OTHER APPLICABLE LAWS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget, and WHEREAS, the City has been advised by the U S Department of Transportation Federal Transit Administration that Congress has adopted a maximum of $474,957 for an urbanized grant authorized by 49 U S C §5307 for the City of Denton and has requested the City to apply for the Grant Agreement under 49 U S C §5301, et seq and the National Capital Transportation Act of 1969, as amended, the Intermodal Surface Transportation Efficiency Act of 1991, as amended, and other applicable laws, and WHEREAS, the Grant Agreement, which incorporates the Federal Transit Administration's Master Agreement, if approved, will impose certain obligations upon the applicant, such as the City of Denton, including the provision by it of the local share of the project costs in the program, and WHEREAS, the estimated total amount of the eligible project cost is $977,051 with the Federal Grant Administration's share estimated at $474,957, and WHEREAS, the U S Department of Transportation requires, in accordance with the provisions of Titles VI and VII of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder and other applicable federal laws and regulations, and WHEREAS, it is the goal of the applicant that disadvantaged business enterprises be utilized to the fullest extent possible in connection with the project, and that definite procedures shall be established and administered to ensure that disadvantaged businesses shall have maximum construction contracts, supplies, equipment, contracts, or consultant and other services to the extent allowed by law, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to file an application with and to execute a grant and subsequent amendments on behalf of the City of Denton, Texas, with the U S Department of Transportation, relating to Project No TX-90-X474 to aid in the financing of operating assistance for public transportation pursuant to 49 U S C §5307 The City Manager, however,, is not authorized to amend the grant by more than the amount authorized by Chapter 10 of the Code of Ordinances of the City of Denton, Texas SECTION 2 That the City Manager is authorized to execute and file an assurance or any other document required by the U S Department of Transportation effectuating the purpose of Titles VI and VII of the Civil Rights Act of 1964 SECTION 3 That the City Manager or his designee is authorized to furnish such additional information, assurances, or certifications as the U S Department of Transportation may require in connection with the program of projects SECTION 4 That the City Manager is authorized to set forth and execute disadvantaged business enterprise policies in connection with the program of projects and budget agreement required by the Grant SECTION 5 That the City Manager is authorized to execute a grant agreement, in substantially the form of the attached Grant Agreement, which is incorporated as a part of this ordinance, along with any other agreement documents necessary to secure the grant on behalf of the City of Denton, Texas with the U S Department of Transportation for aid in the financing of the capital, and operating assistance program of projects and budget, and to expend the necessary funds as may be required by the condition of the grant SECTION 6 That this ordinance shall become effective immediately upon its passage and approval 4 PASSED AND APPROVED this the w- day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY i ED AS`f0 LEGAL FORM T L PROUTY, CITY ATTORNEY M. P 4herMWW\LGL\our Do muWrdinunuwWwr mazeld JAC LLER, MAYOR PAGE 2 Application for Public Transportation Funds for Small Urbanized Areas State Fiscal Year 2000 Texas Department of Transportation Public Transportation Division Introduction Only current recipients of §5307 funding who have signed a grant agreement with the Texas Department of Transportation (TxDOT) during the preceding fiscal year may use these procedures All other orgamzations/pubhc bodies must follow the instructions for first-time applicants which are available from the TxDOT district offices Please read through all of the enclosed material before beginning work on your proposal, there are additions and revisions. Submit two (2) copies of completed applications to the TxDOT District Office The TxDOT District office will submit one (1) to the Public Transportation Division Applications will not be considered by TkDOT if you have failed to submit any required reports or have not complied with all §5307 program requirements under current grant agreements Attach additional pages as needed Required Items I Intent to Apply/Not Apply z 2 General Information 3 3 Project Description 4 4 Budget Part I Summary 5 Part II Line Item Budget 6 Part III Summary Of Matching Funds 7 5 Public Involvement Documentation 8 6 Civil Rights 8 7 Franchise Tax Certification of Account Status (new for FY2000) 9 8 Signatory Warranty 10 1. Intent to Apply/Not Apply: The Urbanized Area Formula Program makes Federal resources available to urbanized areas and to the Governors for transit capital and operating assistance in urbanized areas and transportation -related planning For areas with less than 200,000 in population, the funds are apportioned to the Governor of each state for distribution In Texas, the Governor has delegated the distribution authority to the Texas Department of Transportation (TxDOT) A few urbanized areas with less than 200,000 in population have been designated as transportation management areas and are mandated to receive the apportionment indicated in the federal register Under this formula program, TxDOT's Public Transportation Division (PTN) works with the transit systems to allocate program resources among recipients in an urbanized area If your city intends to apply for these funds please complete the Statement of Intent To Apply/Not Apply for Section 5307 Funds form by checking the appropriate box and signing where indicated Statement of Intention To Apply/Not Apply for Section 5307 Funds FAILVPsU TO UTVRN A SIGNMFORK11Y ,iMX 1.1999 WILL MF,A$Z ANY SE-CTION $301 VINDS TII'AT MAY BE, A`G°AILAUM TO YOUR URBAI "rED AREA FOR TRANSIT'SYSTEMS IN FY 2000-2001. The City of ptx+-)=w. . ❑ DOES NOT intend to apply for Section 5307 funds for Fiscal Year 2000 0 DOES intend to apply for Section 5307 funds or Fiscal Year 2000 aG. G z 5 � *gnature ayor ut orized Official Date a 2 General Information a Legal Name City of Denton b Mailing Address 215 E McKinney, Denton, Texas 76201 c Street Address (if different from above) 801 Texas Street, Denton, Texas 76201 d Name, Title and Telephone and Fax Number of Contact Person Veronica Rolen, Public Transportation Coordinator Phone 940 349 8490 Fax 940 349 7307 e Name, Title and Telephone Number of Signature Authority Mike Jez, City Manager Phone 940 349 8307 f Payee Identification (PIN) Number 75-6000514 g E-mail address vsrolen@cityofdenton com z 3 Project, Description a Describe the general services to be provided Indicate the relationship of transportation to other services (if appropriate) Denton Public Transit provides transit services in the Denton urbamzed area on four fixed routes which serve residential neighborhoods, major shopping areas, the two universities, medical facilities, most public schools, the central business district and major employment areas In addition to the fixed route lift -equipped vans are used to provided complimentary paratransit services (door to door transit services) for chsabled individuals who are unable to access the fixed route b Describe the general population of the proposed service area in terms of age, income, etc , as stated in the most recent census data According to the 1990 Census, Denton's population at that time was 66,270 When viewed by age group eight percent (8%) of the population was under the age of 6 and eight percent (8%) was 65 and over The remaining sixty-four percent (64%)of the population were children ages 6 — 18 ( 15%) and adults under the age of 65 (69%) The median household income for thate persons in 1989 was $23,156 and median family income was slightly higher at $35,444 In terms of means of transportation to work, a total of 25,729 persons drove alone to work, 4,213 reported participating in a carpool and 3,599 traveled to work by other means a Y I i, A�94�- r V* t 4 #4 "ll 4 Budget: Part I Summary A Capital I Federal Share (maximum of 801/o) 2 Non -Federal Share (20% or greater) a State 74,619 b Local Total (100%) B Planning 1 Federal Share (maximum of 801/o) 2 Non -Federal Share (20% or greater) a State b Local $42,451 Total (100%) C Operating 1 Federal Share (maximum of 50%) 2 Non -Federal Share (50% or greater) a State $298,475 b Local $ 86,549 Total (100%) D Total Project Costs Total Federal Funds Requested Total Non -Federal Share Total State $373,094 Teal Local $129,000 S $174,957 $ 74,619 $ 42,451 $300,000 $385,024 $977,051 $474,957 $502,094 $249,576 $ 42,451 $685,024 9 Budget: Part II Line Item Budget Total Federal State A Capital (Include detailed description) 1 Vehicles (include size or ALI code and note if vehicle is for expansion or replacement) 11 12 15 Replacement Van (2) 116,013 87,870 28,143 2 Other 1192 02 Bus Shelters 1192 00 Replacement Route Signing 1133 20 Misc Construction (Curb Cuts) 3 Preventative Maintenance 11 7A 00 B Planning General Administration C Operating Less Farebox Net Operating D Total Budget Local I$] 20,000 16,000 4,000 0 3,000 2,400 600 0 48,062 18,687 29375 0 62,500 50,000 12,500 42,451 685,024 300,000 298,475 75,000 42,451 86,549 977,051 474,957 373,094 129,000 F Budget Bart III Summary Of Matching Funds Note• Attach letters from each matching source Federal State Local Total 474,957 373,094 129,000 5 Public iInvolvement Documentation Federal law requires all recipients to afford the opportunity for a public hearing, to hold that hearing unless no one requests one, to consider the economic, social, and environmental effects of the project, and to find the project consistent with official plans for the area The application should document that this requirement has been met (including a copy of the published notice, hearing record, if one was held, and summary of efforts to involve the private sector to the maximum extent feasible, etc ) This requirement may be satisfied through the local TIP public participation process Attach a copy of the public notice of opportunity for a hearing and certification of no response or, the public notices and a copy of the transcript of the hearing together with copies of exhibits, written statements and documentation of actions to address negative comments made in the public hearing As indicated on the attached public notice, an opportunity for public comment was afforded The public response deadline is Wednesday, July 21, 1999 at 5 00 p in To date, no requests for a public hearing have been received and no comments or questions regarding the reapplication have been received Should no one request a public hearing or provide comments that will significantly alter this application prior to the published deadline, the proposed program of projects will be considered final 6. Civil Rights Describe any lawsuits or complaints have been received or acted on, or compliance reVews conducted, since the applicant's most recent Title VI submission Include any relevant civil rights activities should be described in the application For construction projects, information about social and economic impacts should be included in the documentation for the environmental review process Not Applicable ro 4J a m y 4J W q 4H O .Ui L) a ^ V U � a r C O ova ZZN� C N p r � � b q 1J ow P y � 9 s I. z ICE OF' isi�J7tit! SJ"a � A i+7y. z PROGRAM OP PPOJECTS Public1 Atz es Subm1 7 yeronlea Tne city of Denton Transitisystem- RQNs%. Denton d�r�r I SPANcity tranRparts tIon for iM ,C1tC,,ot ORC771181 199s `' general public and )t6ra011a With disabilities. The City 01 Donlon is requesting Section SigI funde from the Fewral Transit Administration (FTA) andthe Texas Depart mont of TXOOT) for transPortatlon' wwces In the Denton urban• ized arss.lftwcity proposes to appiyy lo{,"S4},Oootrom the Weral,TJaRslt Airlb- d msihe,� tlon apd,777a)994s _ _ File Nc 1► M.1 _ � •1 AFFIDAVIT OF PUBLISHER TO PUBLICATION OF LEGAL NOTICE Filed the day 19 _ By Deprtt 7 State Business with Corporations Delinquent in Franchise Tax Since 1988, law has prohibited state agencies from awarding a contract or granting a permit or license to a corporation that is delinquent in paying franchise tax See below Art. 2.45. Delinquent Tax. A corporation that is delinquent in a tax owed the state under Chapter 171, Tax Code, may not be awarded a contract by the state or any agency of the state and may not be granted a permit or license by the state or any agency of the state. TxDOT implemented the law through self -certification procedures and contract provisions wherein a corporation is made to self -certify that it is not delinquent in or is exempt from paying the required tax The State Comptroller's Office has notified TxDOT that this self -certification is no longer acceptable TxDOT must now verify the account status before entering into a contract or issuing a permit or license THIS INCLUDES GRANT AGREEMENTS. Effective with the next application process, each entity receiving transit FTA or state funds from TxDOT will be required to furnish verification of franclse tax account status Acceptable methods of verification are Internet Verification (htt_p //www window state tx us /taxinto' odsinti litml) =:> Written Verification Service is FREE Write, call or fax, Comptroller of Public Accounts Open Records Division 111 East 17s' Street Austin, Texas 78774 512/463-3620 1-800-252-1386 (toll free) Fax 512/475-1610 Verification MUST be supplied with EACH application/proposal presented to TxDOT You may use copies of previously submitted certificates of account status, if within the same state fiscal year TxDOT CANNOT PROCESS APPLICATIONS/PROPOSALS WITHOUT CERTIFICATES. COMPTROLLER OF PUBLIC ACCOUNTS P O. BOX 13528 AUSTIN, TX 78711-3528 June 17, 1999 City of Denton Attention Veronica Rolen Municipal Building 215 E McKinney Denton, Texas 76201 SUBJ CITY OF DENTON TAXPAYER NO 1-75-6000514-6 The following information is furnished in response to your letter regarding the subject entity The City of Denton is not subject to the francluse tax, therefore, a certificate of good standing cannot be issued There is no francluse tax responsibility because cities do not meet the definition of a corporation under the Tax Code, Title 2, Chapter 171 Many steps are taken to ensure the greatest accuracy possible for this data However, some inaccurate data may occur if the files have not been recently updated If you notice information that maybe incorrect, please notify us so that we can take steps to correct the files - If you have any questions, please call the Business Information and Assistance Section 1-800-531- 5441, ext 5-8678 toll free nationwide, or call 512-305-8678 From a Telecommunication Device for the Deaf (TDD) ONLY, call 1-800-248-4099 toll free, or call 512-936-6195 Sincerely, IL Kevin Oldham Open Records and Disclosure Division Comptroller of Public Accounts w equal cMo fty Wp"r o,., 8. Signatory Warranty The undersigned signatory for the recipient hereby represents and warrants that the information provided in this re -application is accurate to the best of my knowledge The undersigned signatory for the recipient hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/she has full and complete authority to enter into an agreement on behalf of the organization City of Denton Organization Name Typed or in July 13,1999 Date.