1999-244AN 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
AUTHORIZED BY 49 U S C §5307 AND OTHER APPLICABLE LAWS, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Secretary of Transportataon ~s authonzed to award grants for a mass
transportation program of proJects and budget, and
WI-IEREAS, the City has been advised by the U S Department of Transportation Federal
Transit Adnumstratlon that Congress has adopted a maximum of $474,957 for an urbamzed grant
anthonzed by 49 U S C §5307 for the C~ty 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 Effimency Act of 1991, as amended, and
other appheable laws, and
WHEREAS, the Grant Agreement, wluch incorporates the Federal Transit Administration's
Master Agreement, if approved, will nnpose certain obligations upon the applicant, such as the City
of Denton, including the provision by it of the local share of the project costs m the program, and
WHEREAS, the estimated total amount of the eligible project cost ~s $977,051 w~th the
Federal Grant Admlmstrat~on's share esttmated at $474,957, and
WHEREAS, the U S Department of Transportatmn reqmres, m accordance w~th the
prowslon$ of Titles VI and VII of the Clwl Raghts Act of 1964, as amended, that the applicant give
an assurance that it will comply w~th Title VI of the C~vll Pdghts Act of 1964 and the Department
of Transportation requirements thereunder and other apphcable federal laws and regulations, and
WHEREAS, ~t is the goal of the apphcant that d~sadvantaged bus~ness enterpnses be
utthzed to the fullest extent possible m connection w~th the project, and that defimte procedures
shall be established and admunstered to ensure that disadvantaged businesses shall have maximum
constructton contracts, supplies, eqmpment, contracts, or consultant and other servmes to the extent
allowed by law, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager ~s authorized to file an application w~th and to execute
a grant and subsequent amendments on behalf of the C~ty of Denton, Texas, with the U S
Department of Transportation, relating to ProJect No TX-90-X474 to md ~n the financing of
operating, assistance for public transportation pursuant to 49 U S C §5307 The City Manager,
however,,ls 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 C~ty Manager is authorized to execute and file an assurance or any
other document reqmred by the U S Department of Transportation effectuating the purpose of
T~tles VI and VII of the C~wl l~dghts Act of 1964
SECTION 3 That the City Manager or bas designee is authorized to furmsh such additional
information, assurances, or certifications as the U S Department of Transportation may reqmre m
connection w~th the program of projects
SECTION 4 That the C~ty Manager ~s authorized to set forth and execute d~sadvantaged
busxness enterprise pohc~es m connectxon w~th the program of projects and budget agreement
reqmred by the Grant
SECTION 5 That the C~ty Manager is authorized to execute a grant agreement, in
substanttally the form of the attached Grant Agreement, wbach ~s incorporated as a part of tbas
ordinance, along wath any other agreement documents necessary to secure the grant on behalf of the
C~ty of Denton, Texas w~th the U S Department of Transportation for md 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 lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ~/~r__gt day of ~.~/~/~-- ,1999
JAC~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP eR~E; AS~TO LEGAL FORM
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 remp~ents of §5307 funding who have mgned a grant agreement w~th the Texas
Department of Transportation (TxDOT) during the preceding fiscal year may use these
procedures All other orgamzatxons/pubhc bodies must follow the instructions for first-t~me
applicants winch are avmlable from the TxDOT dmtnct offices Please read through all of the
enclosed maternal before beginning work on your proposal, there are addmons and
revisions.
Submit two (2) cop~es of completed applications to the TxDOT Dmtnct Office The TxDOT
Dmtnct office will subnut one (1) to the Pubhc Transportation Dnamon
Apphcattons wtll not be considered by TxDOT tf you have faded to submtt any requtred reports
or have not comphed wtth all §5307 program requirements under current grant agreements
Attach addmonal pages as needed
Reqmred Items
1 Intent to Apply/Not Apply 2
2 General Information 3
3 Project Description 4
4 Budget Part I Summary 5
Part II Line Item Budget 6
Part III Sunmu~ Of Matching Funds 7
5 Pubhc Involvement Documentation 8
6 Civil Raghts 8
7 Francinse Tax Certification of Account Status (new for FY2000) 9
8 S~gnatory Warranty 10
1. Intent to Apply/Not Apply:
The Urbamzed Area Formula Program makes Federal resources available to urbanized areas and
to the Governors for transit capttal and operaung assistance ~n urbanized areas and
transportaUon-related planmng For areas w~th less than 200,000 m populauon, the funds are
appomoned to the Governor of each state for d~stnbutlon In Texas, the Governor has delegated
the d:stnbut~on authority to the Texas Department of Transportation (TxDOT) A few urbanized
areas with less than 200,000 m population have been designated as transportation management
areas and are mandated to recetve the apportionment mdmated ~n the federal register Under this
formula program, TxDOT's Pubhc Transportatton Division (PTN) works wtth the transit
systems to allocate program resources among recipients m an urbanized area
If your city :ntends 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 s~gnmg where indicated
Statement of Intention To Apply/Not Apply for Section 5307 Funds
FAILUR~ TO RET!J~RN A $IGNED~FORM~'B¥ ~IULY 1, 1999 ~L ~?A~. ~
FOR T~NSIT SYS~MS IN ~ 2000.2001.
The City of l~'~.~h~=,~ [] DOES NOT tntend to apply for Section 5307
funds for F~scal Year 2000
~DOES intend to apply for Section 5307 funds
" for Fiscal Year 2000
.ghd . ¢.Y
S(gnat~re of ~ayor o~ut~or,zed Offic,al/ D~te
2
2 General Information
a Legal Name City of Denton
b Maihng Address 215 E McKlnney, Denton, Texas 76201
c Street Address 0fchfferent from above) 801 Texas Street, Denton, Texas 76201
d Name, Title and Telephone and Fax Number of Contact Person
Veromca 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 Ident~fication (PIN) Number 75-6000514
g E-mail address vsrolan~cityofdenton corn
3 Project, Description
a Describe the general semces to be prowded In&cate the relat~onstup of transportation to
other services (ff appropriate)
Denton Pubh¢ Transit prowdes transit serwces m the Denton urbanized area on four fixed routes whmh serve
res~dennal neighborhoods, major shopping areas, the two umversmes, medical facilities, most pubhc schools, the
central business chstnct and major employment areas In a&hUon to the fixed route lift-eqmpped vans are used to
prowded comphmentary paratrans~t sermces (door to door transit sermces) 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 ~n the most recent census data
According to the 1990 Census, Denton's populatmon at that t~me was 66,270 When v~ewed by
age group e~ght percent (8%) of the populatton was under the age of 6 and e~ght percent (8%)
was 65 and over The rema~mng s~xty-four percent (64%)of the population were cbaldren ages 6
- 18 (15%) and adults under the age of 65 (69%) The median household ~ncome for thate
persons ~n 1989 was $23,156 and medmn fanuly ~ncome was shghtly tugher at $35,444
In terms of means oftransportatton to work, a total of 25,729 persons drove alone to work,
4,213 reported part~e~patmng m a carpool and 3,599 traveled to work by other means
4 Budget: Part I Summary
A Capital
1 Federal Share (mammum of 80%) $174,957
2 Non-Federal Share (20% or greater) $ 74,619
a State 74,619
b Local
Total (100%) $249,576
B Planmng
1 Federal Share (mammum of 80%)
2 Non-Federal Share (20% or greater) $ 42,451
a State
b Local $42,451
Total (100%) $ 42,451
C Operating
1 Federal Share (maximum of 50%) $300,000
2 Non-Federal Share (50% or greater) $385,024
a State $298,475
b Local $ 86,549
Total (100%) $685,024
D Total Pro~ect Costs $977,051
Total Eoderal Funds Requested $474,957
Total ~lon-Federal Share $502,094
Tatal State $373,094
T _oSal t,oeal $129,000
Budget: Part II Line Item Budget
Total Federal State Local
A Capnal (Include detailed descnpuon)
1 Velucles (include s~ze or ALI
code and note ffvelucle ~s for
expansion or replacement)
11 12 15 Replacement Van (2) 116,013 87,870 28,143 0
2 Other
11 92 02 Bus Shelters 20,000 16,000 4,000 0
11 92 00 Replacement Route S~gnmg 3,000 2,400 600 0
11 33 20 Mist Constmetmn (Curb Cuts) 48,062 18,687 29375 0
3 Preventative Maintenance
11 7A 00 62,500 50,000 12,500
B Planning
General Adrmmstratlon 42,451 42,451
C Operatmg 685,024 300,000 298,475 86,549
Less Farebox 75,000
Net Operatmg
977,051 474,957 373,094 129,000
D Total Budget
Budget' Part IH Summary Of Matching Funds
Note' Attach letters from each matching sourca
Federal State Local
Total 474,957 373,094 129,000
~ Public iInvolvement Documentation
Federal law reqmres aH recipients to afford the opportumty for a pubhc heanng, to hold that
hearing unless no one requests one, to consider the economic, social, and enwronmantal effects of
the project, and to find the project consistent wtth official plans for the area The application
should document that flus requu'emant has been met (including a copy of the published notice,
heanng record, if one was held, and summary of efforts to involve the private sector to the
mardmum extent feasible, etc ) Tlus requirement may be satisfied through the local TIP pubhc
partiapatlon process
· Attach a copy of the pubhc notice ofopportumty for a heanng and certification of no response
or, tho public notices and a copy of the transcript of the heanng together w~th copies of
exlublts, written statements and documentation of actions to address negative comments made
in the public heaung
As indicated on the attached public notice, an opportumty for public comment was
afforded The pubhc response deadhne ~s Wednesday, July 21, 1999 at 5 00 p m To date, no
requests for a public hearmg have been received and no comments or questions regarding the
reapphcatlon have bean received Should no one request a pubhc heanng or prowde comments
that w~ll si~mficantly alter tlus apphcetlon prior to the pubhshed deadhne, the proposed program
of projects wdl be considered final
6. C~vd Rights
Describe any lawsmts or complaints have been received or acted on, or comphance re-oews
conducted, since the applicant's most recent Title VI submission Include any relevant awl
rights activ~tles should be descobed m the appllcat~on For construction pro.lects, reformation
about soaal and economic impacts should be included in the documentation for the
enwronmantal review process
Not Apphcable
Filzdthe day
19
By D~put
7 State Business with Corporations Delinquent in Franchise Tax
Since 1988, law has prohibited state agencies from awarding a contract or granting a permat or
license to a corporation that is delinquent ~n paying franchase 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 ~s made to self-certli~ that it ~s not delinquent in or ~s exempt from paying
the reqmred tax
The State Comptroller's Office has notified TxDOT that ttus self-certification is no longer
acceptable TxDOT must now verify the account status before entenng into a contract or ~ssumg
a permit or license THIS INCLUDES GRANT AGREEMENTS.
Effective w~th the next apphcatmn process, each entity receiwng transit FTA or state funds from
TxDOT wdl be required to furmsh verification of franchise tax account status
Acceptable methods of verification are
~ Internet Verification (!_~_t~9//www w~ndo_sv_~sta!e t_x us/_~a~xl!llo/co4slnj3 lgml)
Written Verification Service is FREE Write, call or fax,
Comptroller of Pubhc Accounts
Open Records Division
111 East 17t~ Street
Austin, Texas 78774
512/463-3620
1-800-252-1386 (toll free)
Fax 512/475-1610
Verification MUST be supplied w~th EACH apphcat~on/proposal presented to TxDOT You
may use copies of previously subrmtted certificates of account status, ~f wltban 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
Mumctpal Building
215 E MoKmney
Denton, Texas 76201
SUBJ CITY OF DENTON
TAXPAYER NO 1-75-6000514-6
The following reformation is furmshed m response to your letter regardtng the subject entaty
The Ctty of Denton ts not subject to the fi:ancluse tax, therefore, a eerUficate of good standmg
cannot be tssued There is no franebase tax responsxbthty because ettles do not meet the
defimtton of a corporation under the Tax Code, Ttfle 2, Chapter 171
Ma~y steps are taken to ensure the greatest accuracy posstble for tbas data However, some inaccurate
data may occur ffthe files have not been recently updated If you noUce reformation that may be
meorrect, please notify us so that we can take steps to correct the files
If you have any questtons, please call the Business Infonnatxon and Asststance Section 1-800-531-
5441, ext 5-8678 toll free nataonwlde, or call 512-305-8678 From a TelecommumcaUon Device for
the Deaf (TDD) ONLY, call 1-800-248-4099 toll free, or call 512-936-6195
Sincerely,
Kemn Oldham
Open Records and Dtsclosure Dtvtston
Comptroller of Pubhc Accounts
8. S~gnat0ry Warranty
The undersigned s~nntory for the recip~ent hereby represents and warrants that the mformat~on
prowded m this re-apphcauon ns accurate to the best of my knowledge The ul'ldersl~lled sl~l~tol~]
for the reclp~ent hereby represents and warrants that he/she is an officer of the orgsn,7~tlon for
which he/she has executed flus agreement and that he/she has full end complete authonty to enter
into an a~reement on behalf of the organization
Organ,-.ntion Name
Michael J~. City ~ rosier
Typed or Printed l~'ame and T~tle