2013-031ORDINANCE NO. 2013-031
AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AND DELIVER A`TERMINATION OF THE ADVANCE FUNDING
AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE
SYSTEM" BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION (TXDOT) REGARD]NG THE LOCAL GOVERNMENT BRIDGE
PROJECT LOCATED AT MAYHIL,L ROAD AT COOPER CREEK IN THE CITY OF DENTON,
TEXAS AND TERMINATION OF ADVANCED FUNDING AGREEMENT AMENDMENT NO.
1, DATED JANUARY 28, 2004; PROVIDING AN EFFECTNE DATE.
WHEREAS, an Advance Funding Agreement Amendment No. 1(the "Agreement") entered
into by and between the State of Texas and the City was executed on January 28, 2004; which
Agreement provided for the rehabilitation and/or replacernent of the bridge located at Mayhill Road
at Cooper Creek (the "Project") in the City; and
WHEREAS, both the State of Texas and the City have decided not to move forward with the
Proj ect; and
WHEREAS, Article 2 of said Agreement provides that the Agreement may be terminated in
writing with the consent of both of the parties; and both of the parties have agreed to do so; and
WHEREAS, the City Council has read the proposed "Termination of Advance Funding
Agreement for Bridge Replacement or Rehabilitation off the State System" and finds that this
Agreement is in the public interest of the residents of Denton, Texas; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The �ndings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The "Termination of Advance Funding Agreement for Bridge Replacement or
Rehabilitation off the State System" (the "Termination Agreement"); attached hereto and
incorporated by reference herein, as Exhibit "A," is hereby approved; and the City Manager or his
designee is hereby authorized to execute and deliver the Agreement on behalf of the City of Denton,
Texas.
SECTION 3. The City Manager is hereby authorized to carry out the rigl�ts and duties of the
City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the J�TJ� day of �.y",e��l,1�L� , 2013
U � \. R_ _` i � � � ,�� � • �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED S TO LEGAL FORM:
A1vITA BURGESS, CITY ATTORNEY
i
By: -
�
CSJ #: 0918-46-041
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Mayhill Road at Cooper Creek
NBI Structure #: 18-0610B05224-001
Federal Highway Administration CFDA #: 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
TERMINATION OF
ADVANCE FUNDING AGREEMENT
FOR BRIDGE REPLACEMENT OR REHABILITATION
OFF THE STATE SYSTEM
THE Termination of the Advance Funding Agreement is made by and between the State of
Texas, acting through the Texas Department of Transportation, called the State, and the City of
Denton, acting by and through its duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, an Advanced Funding Agreement Amendment No. 1, hereinafter called the
"Agreement", between the Local Government and the State was executed on January 28, 2004 for
the rehabilitation and or replacement of the Local Government-owned bridge located on Mayhill
Road at Cooper Creek in the City of Denton.
WHEREAS, both the State and the Local Government have decided not to move forward with the
project; and,
WHEREAS, Article 2, Conditions for Termination of this Agreement, states the Agreement may be
terminated in writing with mutual consent of the parties; and,
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. Termination
The Agreement for the rehabilitation and/or replacement of the Local Government-own Bridge
located on at Mayhill Road at Cooper Creek is hereby terminated. All costs associated with the
termination will be paid by the State.
AFA—AFA Amend Page 1 of 2 Revised 04/08/11
CSJ #: 0918-46-041
District #: 18-Dallas
Code Chart 64 #: 11400
Project: Mayhill Road at Cooper Creek
NBI Structure #: 18-0610B05224-001
Federal Highway Administration CFDA #: 20.205
Not Research and Development
2. Signatory Warrant
The signatories to this Agreement warrant that each has the authority to enter into this Agreement
on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT — ITY OF DENTON
By:
eo ge C. Campbell
City Manager
Date: � �5�%,U/�
—�
Approved as to Form:
Anita Burgess
City Attorney
By:
Anita Burgess
City Attorney
THE STATE OF TEXAS
ATTEST:
Jennifer Walters
Ci Secretary
By:
Jenni Walters
City cretary
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, estabiished policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
�
Gregg A. Freeby, P.E.
Director, Bridge Division
Date
AFA—AFA_Amend Page 2 of 2 Revised 04/08/11