HomeMy WebLinkAbout2003-256S:`Ow Dxwamlf-0�dmmcmW316NDG&ixIK00C
ORDINANCE NO. �QQ3-aJ6_(a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE CITY'S
PARTICIPATION FOR ITSELF, AND ON BEHALF OF DENTON COUNTY UNDER
AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND DENTON COUNTY,
IN THE TEXAS DEPARTMENT OF TRANSPORTATION OFF -SYSTEM BRIDGE
REPLACEMENT PROGRAM AS AUTHORIZED BY TEXAS ADMINISTRATIVE
CODE, TITLE 43, SECTION 15.55(D); AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY AND COUNTY ALL
DOCUMENTS OR AGREEMENTS NECESSARY TO CARRY OUT THE
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the federal off -system bridge program is administered by the Texas
Department of Transportation (the "State") to replace or rehabilitate structurally deficient
and functionally obsolete (collectively referred to as deficient) bridges located on public
roads and streets off the designated state highway systems (the "State Program"); and
WHEREAS, the City of Denton and Denton County have entered into an
hrterlocal Agreement authorized by Ordinance No. 2003-237 (the "Interlocal
Agreement") which identifies the City of Denton as the Local Government administrator
with the State on behalf of the City and Denton County for the State Program with
respect to the bridges identified in this ordinance; and
WHEREAS, the City of Denton owns the following bridges:
Owner
Control
National Bridge
At
Entity:
Section Job
Inventory (NBI)
Roadway:
No. (CSJ):
Number:
City of Denton
091846-041
B05224-001
Mayhill Road
City of Denton
0918-46-094
AA0510-003
Bonnie Brae Street
City of Denton
0918-46-167
B03260-001
Frame Street
City of Denton
0918-46-949
AA0510-002
Bonnie Brae Street
City of Denton
0918-46-952
AA0510-001
Bonnie Brae Street
WHEREAS, Denton County owns the following bridges:
Owner
Entity:
Denton County
Denton County
Denton County
Denton County
Denton County
Denton County
Denton County
Denton County
Control
Section Job
No. (CSJ):
091846-901
091846-922
091846-951
091846-933
091846-950
091846-102
0918-46-909
091846-948
National Bridge
Inventory (NBI)
Number:
AA0152-002
AA0521-001
AA0187-001
AA0130-001
AA0262-001
AA0209-001
AA0125-001
AA0199-001
At
Roadway:
Sam Bass Road
John Paine Road
Nicholson Road
Indian Trail Road
Friendship Road
Huling Road
Pruett Road
Reik Road
At Stream
Crossing:
Cooper Creek
Roark Branch
Pecan Creek
Hickory Creek
Dry Fork Creek
At Stream
Crossing:
Clear Creek
Roark Branch
Clear Creek
Behnke Branch
Pecan Creek
Pond Creek
Carson Creek
S. Hickory
Creek
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WHEREAS, the projects to remedy the bridges listed above are included in the
Interlocal Agreement and the currently approved program of projects as authorized by
Texas Transportation Commission by specific Minute Orders; and
WHEREAS, the usual fund participation ratio for projects on the State Program is
80 percent federal, 10 percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC
Section 15.55(d)) provides that under specified conditions the 10 percent Local
Government match fund participation requirement may be waived with agreement by the
Local Government to perform, or caused to be performed, an equivalent dollar amount of
structural improvement work on other deficient bridges or deficient mainlane cross -
drainage structures within its jurisdiction, such a project of structural improvement work
being referred to as an "equivalent -match project'; and
WHEREAS, the State has estimated the local match fund participation
requirement for the approved federal off -system bridge projects listed above at $448,700,
hereinafter referred to as the "participation -waived" contract amount, such participation
requirement the City of Denton for itself and on behalf of Denton County under the
Interlocal Agreement proposes be waived and in return perform or cause to be performed
equivalent -match project structural improvement work; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City of Denton acknowledges its obligation to conform with all
conditions of 43 TAC Section 15.55(d); such conditions that include, but are not
restricted to the following:
1. The Local Government must be currently in compliance with load posting
and closure regulations as defined in National Bridge Inspection Standards under US
Code of Federal Regulations, Title 23, Section 650.303.
2. The equivalent -match project work increases the load capacity of the
existing bridge or other mainlane cross -drainage structure, or upgrades the structure to its
original load capacity with a minimum upgrade to safely carry school bus loading if
located on a school bus route.
3. In performing, or causing to be performed, the equivalent -match
project(s), the City of Denton assumes all responsibilities for engineering and
construction, and complying with all applicable state and federal environmental
regulations and permitting requirements for the structures being improved.
4. The work on the proposed equivalent -match project(s) has not begun and
will not begin until the local match fund participation waiver approval process has been
completed.
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5. The City of Denton will be allowed three years after the contract award of
the participation -waived projects to complete the structural improvement work on the
equivalent -match project(s).
6. Should this waiver request be approved, an appropriate written agreement
or amendment to a previously executed agreement will be executed between the State and
the City of Denton.
SECTION 2. The City Manager or his designee is hereby authorized to execute
on behalf of the City of Denton and Denton County under the Interlocal Agreement all
documents or Agreements necessary to carry out the State Program and participation
waived projects and contract amounts.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the R day of , 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
nrCJs'J..
0 1-
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
NOW
EULINE BROCK, MAYOR
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