HomeMy WebLinkAboutR2009-035codad\departments\legal\our documents\resolutions\09VAot cooper creek step resolution.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS CERTIFYING FUNDING AND
SUPPORT FOR THE 2009 STATE WIDE TRANSPORTATION ENHANCEMENT
PROGRAM NOMINATION FORM WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO RECEIVE FUNDING TO CONSTRUCT THE COOPER CREEK BIKE
AND PEDESTRIAN TRAIL PROJECT UNDER THE PROGRAM AND, IF THE GRANT IS
APPROVED, TO EXCUTE THE GRANT AGREEMENT AND TAKE. OTHER ACTIONS
NECESSARY TO IMPLEMENT THE GRANT; AND PROVIDING AND EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, (City) wishes to improve the safety and
efficiency of the movement of people by walking or bicycling; and
WHEREAS, the Cooper Creek Bike and Pedestrian Trail is a viable and important asset
to the City, County, region and local businesses; and
WHEREAS, the construction of pedestrian and bicycle trail along the Cooper Creek from
TXDOT FM 2164 (North Locust Street) at Evers Park to the North Pointe Park, continuing to
the University of North Texas School of Engineering will accomplish the intention of the City;
and
WHEREAS, the City Manager anticipates funding for the Cooper Creek Bike and
Pedestrian Trail will be available through the Texas Department of Transportation's 2009
Statewide Transportation Enhancement Program (STEP) Nomination Form; and
WHEREAS, the City Council deems it in the public interest to support the STEP and to
apply for STEP financing of the Cooper Creek Bike and Pedestrian Trail; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings set forth in the preamble of this Resolution are incorporated
by reference into the body of this Resolution as if fully set forth herein.
SECTION 2: The City Manager or his designee is hereby authorized to submit an
application on behalf of the City of Denton to the Texas Department of Transportation (TxDOT)
through the STEP for funding to make the necessary improvements to accomplish a safe
pedestrian and bicyclist path for connecting TXDOT FM 2164 (North Locust Street) at Evers
Park to the North Pointe Park, continuing to the University of North Texas School of
Engineering.
SECTION 3: Should TxDOT approve funding for the Cooper Creek Bike and Pedestrian
Trail through the STEP, the City agrees to commit to the project's development, implementation,
construction, maintenance, management and financing, including providing the required local
match at 20 percent or greater of the total project cost, including being responsible for all non-
federally fundable items and 100 percent of all cost overruns. The City Manager, or his
designee, is hereby authorized to execute a Grant Agreement with TxDOT after the Agreement is
s
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approved by the City Attorney, and to exercise all rights and duties of the City of Denton under
this Agreement.
SECTION 4: The City Manager, or his designee, is the City's authorized representative
who is directed to comply with any assurances, conditions, or agreements required to be
executed, to take all actions required under the STEP and to make expenditures of all the funds
required to be expended or received by the City under the STEP grant by the City as its share of
the STEP.
SECTION 5: This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009.
Q1~IARK~`BU0P~ROU6HSMAYOR
RATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: