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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