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Home My WebLink About24-1457ORDINANCE NO. 24- 1457 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZ[NG THE CITY MANAGER TO EXECUTE A TEMPORARY LICENSE TO USE AGREEMENT BETWEEN THE CITY AND DENTON COUNTY TRANSIT AUTHORITY (DCTA) TO TEMPORARILY ALLOW DCTA TO CONSTRUCT AND MAINTAIN BUS STOPS AND OTHER AMENITIES ON CITY’S RIGHT OF WAY FOR 180 DAYS FROM THE DATE OF EXECUTION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY and DCTA, on or about February 5, 2013, via City Ordinance No. 2013- 044, entered into that certain Interlocal Cooperation Agreement Street Right-oGWay Use Licehse (the “Original Agreement”), to occupy certain property of the City in respect to the construction, maintenance, and operation of bus shelters and other bus passenger amenities for use by passengers of DCTA’s bus transportatron system; WHEREAS, the CITY and DCTA, on or about April 16, 2013, via City Ordinance No. 2013-112, entered into that certain First Amendment to Interlocal Cooperation Agreement Street Right-of-Way Use License (“First Amendment”), amending the Original Agreement regarding certain insurance requirements prescribed therein; WHEREAS, the CITY and DCTA, on or about November 5, 2013, via City Ordinance No. 2013- 311, entered into that certain Second Amendment to Interlocal Cooperation Agreement Street Right-oF Way Use License (“Second Amendment”), amending the Original Agreement regarding certain insurance requirements prescribed therein; WHEREAS, the CITY and DCTA desire to amend the Original Agreement, as amended by the First and Second Amendments, to add such additional street use right-of-way location; WHEREAS, the CITY and DCTA have determined that providing additional areas within City street right-o&way concerning the construction, maintenance, and operation of bus shelters and other bus passenger amenities by DCTA is advisable only after a thorough review of the existing Agreement (“Second Amendment”) to assess compliance to the City of Denton Right of Way Use License/Agreement, Permitting Process, and other relevant policies, standards, and guidelines; WHEREAS, in the interim, the CITY and DCTA desire to execute a TEMPORARY LIMITED TIME LICENSE TO USE AGREEMENT to the existing DCTA street-use right-of-way locations and add the proposed DCTA street-use right-of-way locations (ADDITIONAL AREAS) for up to 180 days or until the Third Amendment to the original Agreement is executed; and WHEREAS, in consideration of the license of the street right-of-way and the mutual covenants outlined in the Original Agreement, the First Amendment, the Second Amendment, and here as guided by this TEMPORARY LICENSE TO USE AGREEMENT, and other good and valuable consideration, the City Council of the City of Denton finds this agreement, NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City will temporarily permit DCTA to construct and maintain existing and additional bus stops and amenities for 180 days in accordance with the Agreement, as defined below and attached hereto. SECTION 3. The City Manager or their designee is hereby authorized to execute the Temporary License to Use Agreement (the “Agreement”) and carry out the City’s duties and responsibilities under the Agreement, including providing a temporary license to construct and maintain bus stops and amenities as stated by the agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. secondeT:„"''b= F’WIfEJy= '~:'’"'' "’= "“:h,,I„-,I„CHI::L/,„, ,,,„,,T: the following vote [] - A: Aye ,/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: \/ r L/ b/ Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: L/ / 23 ' JPASSED AND APPROVED this the J_)/2024 hDSPETH. MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY doulw,JkdJ- APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY:?r£ahcc@aLL&wtb VISION ZERO DENTON DENTON Transportation Services Division THE STATE OF TEXAS COUNTY OF DENTON LICENSE AGREEMENT FOR TEMPORARY DCTA BUS STOPS ON CITY OF DENTON RIGHT OF WAY THIS INTERLOCAL COOPERATION AGREEMENT (the “ Agreement”) is made and entered into effective as of the date set forth below by and txtween the CITY OF DENTON, TEXAS, a Texas home rule municipal corporation (“CITY”) and the DENTON COUNTY TRANSPORTATION AUTHORITY, a coordinated county transportation authority under Chapter 460 of the Texas Transportation Code (“DCT/V’), acting by and through, and under the authority of their respective governing bodies. WHEREAS, the CITY and DCTA, on or about February 5, 2013, via City Ordinance No. 2013- 044, entered into that certain Interlocal Cooperation Agreement Street Right-of-Way Use License (the “Original Agreement”), to occupy certain property of the City in respect to the construction, maintenance, and operation of bus shelters and other bus passenger amenities for use by passengers of DCTA’s bus transportatIon system; WHEREAS, the CITY and DCTA, on or about April 16, 2013, via City Ordinance No. 2013-112, entered into that certain First Amendment to Interlocal CooFnration Agreement Street Right-of-Way Use License (“First Amendment”), amending the Original Agreement regarding certain insurance requirements prescribed therein; WHEREAS, the CITY and DCTA, on or about Novemtnr 5, 2013, via City Ordinance No. 2013- 311, entered into that certain Second Amendment to Interlocal Cooperation Agreement Street Right-of- Way Use License (“Second Amendment”), amending the Original Agreement regarding certain insurance requirements prescribed therein; WHEREAS, the CITY and DCTA desire to amend the Original Agreement, as amended by the First and Second Amendments, to add such additional street use right-of-way location; WHEREAS, the CITY and DCTA have determined that providing additional areas within City street right-of-way concerning the construction, maintenance, and operation of bus shelters and other bus passenger amenities by DCTA is advisable only after a thorough review of the existing Agreement (“Second Amendment”) to assess compliance to the City of Denton Right of Way Use License/Agreement, Permitting Process, and other relevant policies, standards, and guidelines; and WHEREAS, in the interim, the CITY of Denton and DCTA desire to execute a TEMPORARY LIMITED TIME LICENSE TO USE AGREEMENT to the existing DCTA street-use right-of-way locations and add the proposed DCTA street-use right-of-way locations ( ADDITIONAL AREAS) for up to 180 days or until the Third Amendment to the original Agreement is executed. H:\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuN 11, 2024 –4:32 PM I of 2 VISIONZEROma DENTON DENTON NOW THEREFORE, for and in consideration of the license of the street right-of-way and the mutual covenants outlined in the Original Agreement, the First Amendmenl the Second Amendment, and here as guided by this TEMPORARY LICENSE TO USE AGREEMENT, and other good and valuable consideration, the CITY and DCTA agree as follows: 1. The locations described and illustrated in Exhibit “A”, attached hereto, and made a part hereof for all purposes, are hereby included in ATTACHMENT 1, as attached to the Original Agreement for all intents and purposes (the “ADDITIONAL AREAS”). 2. The ADDITIONAL AREAS are hereby included, for all purposes, within the defined term “STREET LICENSE AREAS,” as set forth in the Original Agreement, as amended by the First and Second Amendment 3. The TEMPORARY LICENSE TO USE AGREEMENT applies to existing DCTA street-use right- of-way locations and ADDITIONAL AREAS only within City of Denton right-of-way. Any area found to be in another jurisdiction right-of-way will not be applicable to the provisions of this agreement unless the area txcomes a part of City right-of-way at a point in the future. 4 In anticipation of the City’s subsequent approval of the LIMITED TIME USE OF RIGHT OF WAY, To the extent allowed by law, DCTA AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COSTS DCTA MAY INCUR AS A CONSEQUENCE OF PROCEEDING IN THIS MANNER BEFORE FULL BUILDING PERMITS ARE ISSUED, AND AGREES TO ASSUME ALL RISKS ARISING THEREFROM. Nothing contained herein shall be deemed a waiver of any immunity defenses available under State or Federal law 5. Except as expressly amended herein, the terms of the Original Agreemenl as amended by the First and Second Amendments, shall remain valid and subsisting as originally provided. IN WITNESS WHEREOF, the governing body of the City of Denton, Texas, has caused this TEMPORARY LICENSE to tx executed on this the day of , ; and the governing body of the Denton County Transportation Authority has caused this TEMPORARY LICENSE to tx executed on this the day of , , but this Agreement shall be effective for all purposes from and as of the latest date of the execution hereof by the parties hereto (the “Effective Date”). “CITY” CITY OF DENTON, TEXAS A Texas Home Rule Municipal Corporation BY: H:\Farhan\Denton 01_2024\DCTARelated\Legal\ILA_Amendment Last updated on JuV 11, 2024 – 4:32 PM 2 of 2 VISION ZERO Mt i. i, al DENTON DENTaN By: “DCTA" Denton County Transit Authority Paul Cristina, CEO Date: GERARD HUDSPETH, MAYOR:--‘ ATTEST :t:::::„„„,.„*„„„-*„: H:\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuV 11, 2024 –4:32 PM 3 of 2 VISIONZERO DENTON WATal TDENTa) Exhibit A Longitude -97.08939 -97.12100 -97.11857 -97.11563 -97.11280 -97.10965 -97.10376 -97.09874 -97.09702 -97.08935 -97.08732 -97.12171 -97.11860 -97.11838 -97.11622 -97.11427 -97.10947 -97.10452 -97.09928 -97.09693 Street Location Morse Transfer WB Hickory @ Bradshaw SB Wood @ Hickory WB McKinney @ Jannie WB McKinney @ Audra WB McKinney @ Mack Park WB McKinney @ The Fountains WB McKinney @ Bella ire WB McKinney @ Mockingbird Serve Denton WB McKinney @ Duchess EB Hickory @ Bradshaw EB Hickory @ Wood NB Wood @ McKinney EB McKinney @ Hettie EB McKinney @ Campbell EB McKinney @ Mack Park EB McKinney @ The Veranda EB McKinney @ Bellaire EB McKinney @ Mockingbird Latitude 33.20485 33.21446 33.21449 33.21598 33.21596 33.21578 33.21518 33.21395 33.21369 33.21720 33.21162 33.21433 33.21435 33.21588 33.21589 33.21584 33.21565 33.21536 33.21389 33.21354 Route Information Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) H:\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuN 11, 2024 –4:32 PM 4 of 2 VISIONZERO DENTON Street Location EB McKinney @ Cardinal NB Cardinal @ McKinney NB Cardinal @ Hummingbird NB Cardinal @ Oriole EB McKinney @ Duchess EB McKinney @ Mayhill NB Mockingbird @ Beverly NB Mockingbird @ Weston EB Audra Ln @ Bayfield Downtown Denton Transit Center WB McKinney @ Bell NB Locust @ Congress NB Locust @ 3rd St NB Locust @ Sherman Drive NB Locust @ Orr Street WB Elm @ Windsor Dr WB Elm @ Fallmeadow WB Elm @ Nicosia EB Elm @ Discovery Park EB Elm @ Nicosia np am DENTON Latitude 33.21323 33.21383 33.21551 33.21774 33.21147 33.21035 33.22680295 33.21944853 33.22824472 Longitude -97.09364 -97.09277 -97.09207 -97.09200 -97.08754 -97.08400 Route Information Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (Existing) Connect Route 3 (New) Connect Route 3 (New) Connect Route 3 (New) Connect Route 6 (Existing) Connect Route 6 (Existing) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (Existing) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (Existing) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) 97.09757352 97.09637239 .97.0941182 33.21371 33.21657 33.21920092 33.22578 33.23237991 33.23970496 33.24276845 -97.12605 -97.12909 97.13231553 -97.13215 97.13203942 97.13186137 97.13707916 -97.1405133.24458 33.24869332 33.25021811 33.24800973 97. 14828547 97.15178636 97.14758423 H:\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuV 11, 2024 –4:32 PM 5 of2 VISION ZERO DENTON Street Location EB Elm @ Windsor SB Elm @ Orr Street SB Elm @ Sherman Drive SB Bell @ Mingo- Senior Center SB Bell @ Texas SB Bell @ Administration SB Bell @ Chapel NB Heritage Trail @ Rayzor Park Downtown Denton Transit Center EB Charlotte @ Ave G EB Hickory @ Piner NCTC Campus SB Bonnie Brae @ Stella SB Bonnie Brae @ Crescent EB Hickory @ Bernard EB Hickory @ Elm EB Scripture @ 1-35 WB Oak @ Bonnie Brae WB Oak @ Elm WB Oak @ Oakland NB Heritage Trail @ Panhandle NB Heritage Trail @ Eastpark WB Oak @ Cedar Mi:A DENTON Latitude 33.24212315 Longitude Route Information Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (New) (TxDOT ROW) Connect Route 6 (Existing) Connect Route 6 (Existing) Connect Route 6 (Existing) Connect Route 6 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (New) Connect Route 7 (New) Connect Route 7 (New) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (Existing) Connect Route 7 (New) Connect Route 7 (New) Connect Route 7 (Existing) 97.13634729 -97.1333317 97.13348917 -97.12749 -97.12741 -97.12740 -97.12732 -97.16606 -97.12601 -97.15827 -97.13651 -97. 13018 -97.1615153 33.23987291 33.23252923 33.21921 33.22213 33.22601 33.22934 33.22551 33.21389 33.21277 33.21452 33.21449 33.21352917 33.22496756 33.21457263 97.16126347 97.14174635 -97.13380 -97.16852 -97.16358 -97.13343 -97.12975 -97.1658876 33.21449 33.21907 33.21547 33.21561 33.21557 33.22144466 33.22838255 97.16480069 -97.1357933.21568 H:\Farhan\Denton 01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuN 11, 2024 – 4:32 PM 6 of 2 VISIONZERO M*;+ A1 DENT(nb DENTON Street Location Fouts Field Transfer Hurley Administration Building Union Transfer 5 The Gateway at Denton The Oaks The Venue-Lindsey The Arbors Midtown EB Eagle @ Bernard Union 3 The Ridge EB Colorado @ Brinker SB Brinker @ Medpark MedPark Station for Bus The Venue (Bernard St) University Place Union 4 The Forum/Republic The Leonard 14 Fifty-One NB Bonnie Brae @ University EB Hickory @ Ave H SB Bonnie Brae @ Panhandle 3 Latitude Longitude -97.15529 Route Information U NT Shuttle Service (Existing)33.20984 33.21156 -97.14866 U NT Shuttle Service (Existing) 33.21107 33.20413 -97.14621 -97.13700 UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) 33.21001 33.19884 33.20357 33.20494 33.20651 33.21044 33.18668 33.18257 -97.14138 -97.13994 -97.14149 -97.13794 -97.14046 -97.14556 -97.10129 -97.09874 UNT Shuttle Service (Existing) U NT Shuttle Service (Existing) U NT Shuttle Service (Existing) U NT Shuttle Service (Existing) U NT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) 33.18435 -97.09750 U NT Shuttle Service (Existing) 33.18277 -97.09186 U NT Shuttle Service ( Existing) 33.20052 -97.14162 UNT Shuttle Service (Existing) 33.20510 33.21044 33.19863 -97.14153 -97.14614 -97.13121 UNT Shuttle Service (Existing) U NT Shuttle Service (Existing) UNT Shuttle Service (Existing) 33.19697 33.19798 33.23120 -97.13350 -97.12919 -97.16089 UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) 33.21472 33.22217 -97.15947 -97.16135 UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) H :\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuN 11, 2024 –4:32 PM 7 of 2 VISIONZERO DENTON Street Location SB Bonnie Brae @ Emery GAB SB Bonnie Brae @ University Bonnie Brae & Windsor (SB) Union 6 NB Bonnie Brae @ Panhandle NB Bonnie Brae @ Emery WB Oak @ Thomas WB Oak @ Bradley WB Oak @ Normal WB Oak @ Fry NB Welch @ Mulberry WB Oak @ Ave G WB Oak @ Fulton St WB Oak @ Denton St Bonnie Brae & Windsor NB Bonnie Brae @ Womens Center Discovery Park - Express Stop Union Transfer 7 EB Hickory @ Ave B Discovery Park SB Bonnie Brae @ Womens Center TDENm Latitude 33.22826 33.21400 33.23096 33.23998 33.21130 33.22213 33.22849 33.21583 33.21577 33.21573 33.21575 33.21350 33.21579 33.21570 33.21570 33.23956 33.21748 33.25369 33.21153 33.21453 33.25347 33.21745 Longitude -97.16113 -97.14841 -97.16106 -97.16092 -97.14619 -97.16114 -97.16094 -97.15962 -97.15389 -97.14946 -97.14626 -97.14421 -97.15728 -97.14363 -97.13941 -97.16073 -97.16159 -97.15077 -97.14564 -97.14857 -97.15391 -97.16157 Route Information Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service / Connect Service (Existing) x Service / Connect Service / Connect Service (Existing) Service (Existing) Service (Existing) Service (Existing) Service / Connect Service / Connect Service / Connect UNT Shuttle UNT Shuttle UNT Shuttle UNT Shuttle U NT Shuttle U NT Shuttle U NT Shuttle U NT Shuttle U NT Shuttle U NT Shuttle U NT Shuttle ( Existing) UNT Shuttle UNT Shuttle UNT Shuttle ( Existing) UNT Shuttle ( Existing) UNT Shuttle UNT Shuttle UNT Shuttle U NT Shuttle UNT Shuttle ( Existing) UNT Shuttle ( Existing) U NT Shuttle ( Existing) Route 7 Route 7 Route 7 Route 7 Route 6 Route 7 H:\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuN 11, 2024 – 4:32 PM 8 of 2 VISION ZERO BiFF–hI i)Eg ON Street Location WB Oak @ Ave G Latitude 33.21579 Longitude -97.15728 Route Information UNT Shuttle Service / Connect Route 7 ( Existing) UNT Shuttle Service (Existing)W. Hickory &N. Texas Blvd. NTX Union 9 Arch Union 1 The Retreat University Uptown Scripture @ Bryan University Courtyard Scripture @ Lovell City Parc WB Oak @ 1-35 33.21475 -97.15504 33.20105 33.21155 33.19682 33.21046 33.21335 33.21542 33.21865 33.21496 -97.13338 -97.14539 -97.13686 -97. 14491 -97.17340 -97.16613 -97.14792 -97.16184 U NT Shuttle Service (Existing) U NT Shuttle Service (Existing) U NT Shuttle Service (Existing) U NT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) 33.21875 33.21876 33.21557 -97.14830 -97.14717 -97.16615 UNT Shuttle U NT Shuttle U NT Shuttle (Existing) U NT Shuttle U NT Shuttle U NT Shuttle U NT Shuttle ( Existing) U NT Shuttle U NT Shuttle U NT Shuttle Service (Existing) Service (Existing) Service / ConnectRoute 7 r I o I -97.14552 -97.15863 -97.15537 -97.14653 Service ( Existing) Service (Existing) Service (Existing) Service / ConnectRoute 7 Kerr Hall / BLB Honors Hall Apogee Northeast Lot Union 2 DATCU Center Lot Union Transfer 10 Downtown Denton Transit Center EB Eagle @ Kendolph 33.20835 33.20683 33.20289 -97.14709 -97.15187 -97.15593 Service (Existing) Service (Existing) Service (Existing) 33.21047 33.20172 33.21150 33.21341 -97.14524 -97.15708 -97.14467 -97.12605 UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service / Connect Route 3 ( Existing) UNT Shuttle Service (Existing)33.20673 -97.15207 H:\Farhan\Denton_01_2024\DCTARelated\Legal\ILA Amendment Last updated on JuV 11, 2024 - 4:32 PM 9 of 2 VISIONZERO [ifi, & #]bENTON E Street Location EB Eagle @ McCormick WB Hickory @ City Hall E NB Exposition @ Hicko Lot 80 HS Garage Fouts PE Lot 80 South Latitude Longitude .97.14754 Route Information UNT Shuttle Service (Existing)33.20664 33.21449 .97.12582 North Texas Xpress 33.21421 -97.12348 North Texas Xpress 33.20159 33.20929 33.20862 33.20012 .97.15713 -97.14566 -97.15859 -97.15751 UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) UNT Shuttle Service (Existing) H:\Farhan\Denton 01_2024\DCTARelated\Legal\ILA_Amendment Last updated on JuN 11, 2024 –4.'32 PM 10 of 2