2016-163S:\Legal\Our pocuments\Ordinances\16\Maintenance Agreement Ordinance.docx
ORDINANCE NO. 2016-163
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING AUTHORIZATION
FOR AND R.ATIFICATION OF A MUNICIPAL MAINTENANCE AGREEMENT WITH THE
TEXAS DEPARTMENT OF TR.ANSPORTATION FOR THE PURPOSE OF PROVIDING ALL
REQUIRED NON-ROADWAY MAINTENANCE AND ESTABLISHED PAYMENT
AMOUNTS TO THE CITY FOR CERTAIN RIGHTS-OF-WAY OF STATE HIGHWAY
ROUTES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to ratify and execute
the Municipal Maintenance Agreement, attached hereto and incorporated herein, and to carry out
the duties and responsibilities of the City under the Agreement, including the expenditure of funds
as provided in the Agreement.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval, ...���.._...m...
PASSED AND APPROVED this the ,����"� day of ��'� ���,n�. ��r 2016.
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CHRIS WATTS .� ������ �� �������� �
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
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BY:
STATE OF TEXAS §
COUNTY OF TRAVIS §
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WHEREAS, on the 2 day of May 2016, the Texas Department of
Transportation, the "State", and the City of Denton, the "City" entered into a
Municipal Maintenance Agreement amendment intended to cover and provide
for State participation in the maintenance of state routes within the City; and
WHEREAS, the State, under the aforementioned Agreement, provides
mowing and litter clean up maintenance of approximately 71 acres. (FM 426,
FM 1830, FM 2164 and FM 2181)
WHEREAS, the State, conducts this mowing and litter control maintenance
through its mowing and litter control contractors; and
WHEREAS, the City desires to perform additional mowing and litter control
maintenance on the aforementioned state routes; and
WHEREAS, the City and the State agree to amend the existing Municipal
Mainfienance Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual
covenants and agreements of the parties hereto to be by them respectively kept
and performed, as hereinafter set forth, the City and State do mutually agree to
the amendment as follows:
State's Responsibilities (Non-ControlledAccess)
2. Reimburse the City for mowing and cleaning up litter for the entire right-
of-way width. Reimbursement shall be limited to 3 mowing cycles per
year (in approximately May, August, and November), and up to 1 litter
cycle per year (FM 426 and FM 2164 only). The rate of reimbursement
shall be based on the average 2015 mowing and litter pick up costs for
Denton County. The average cost for each cycle was $29.00/acre for
mowing and $9.53/acre for litter clean up. Reimbursement may be further
limited if the State adopts a statewide policy reducing the number of
mowing cycles to less than three per year or the number of litfier cycles to
less than presented above.
If there is a State policy change to further reduce the State's mowing or
litter cycles, the State shall notify the City, in writing, within sixty (60) days
of this change. If the State fails to notify the City as required under this
paragraph, the State shall be responsible for payments to the City in
accordance with the previously agreed upon reimbursement schedule.
Reimbursement will not be made if the roadway is under construction.
City's Responsibilities (Non-Controlled Access)
7. Mow and clean up litter for the entire right-of-way width for a minimum period
of five (5) years on the roadways noted above. Submit statements and
cancelled checks for mowing and litter clean up cycles at intervals as
established above.
The City agrees that for mowing and litter clean up, if performed by employees of
the City, the City shall show proof of self-insurance. If mowing and/or litter
clean-up is performed by a contractor(s) selected by the City through its
selection process, the City shall require the contractor(s) to have in place,
insurance as evidenced by the State's Certificate of Insurance form. The city will
also require any contractor(s) to agree to indemnify and save harmless the
state from all claims and liabilifiy due the contractor(s) materials or activities of
itself, its agent, or employees, performed under the agreement with the city that
are caused or may result from error, omission, or negligent act. Prior to any
mowing or litter clean up by the City, such evidence of self-insurance or
certificate of insurance shall be provided to the State.
Termination
This Amendment is expressly made subject to the rights granted to TxDOT to
terminate this �rr��r�dr°m�ent without c����� upon notice and to the rights g��r�t�d to
The City to t�rr�r��r���� this Amendzm�i�t without cause upon notice �f��� five
(5) years and upon the exercise of any such right by either party, this
r�rr��nd����r�� will terminate. TxI��T or the City may terminate this Amendment
�.a�cs�� n����� at any time for a v�����tion of the terms of this Amendment. The
termination of this Amendment does not affect any other provisions of the
existing Municipal Maintenance Agreement between the parties. If the Cifiy has
�r~���^r�� into a�c���ti���t with a third ��r�y to �a���c�rm any serv�c:�� under this
������'�r��ent, thi� �Nn���dment will conti�°�a.�� in ����t until the curr��t term of the
contract has expired. If any or all of the roadways come off the state system for
any reason, the State will discontinue payment for that roadway or all roadways,
whichever is the case.
In all other respects, the Agreement shall remain in force and effect without
change.
IN TESTIMONY WHEREOF, the parties have hereto have caused this
amendment to be executed in duplicate. The Amendment becomes effective
when last executed.
THE CITY OF Denton
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ATTESTED BY:
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Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
the orders, and established policies or work
programs here���care ap�i�c�v�� and
authorized by kl�� Texas �fTr�����ortation
Commission.
APPROVED:
:
James K. Selman, P.E.
Dallas District Engineer
Texas Department of Transportation
Date:.
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EXHIBIT "A"
NON CONTROLLED ACCESS HIGHWAYS
LEGEND
� SEE AMENDMENT TO MMA FOR ALLOCATION OF DUTIES
����.�� ��������� STATE MAINTAINED (BASE, SURFACE, ASSIST IN MOWING,
CLEANING LITTER AND IN MAINTENANCE
OF ROADWAY DITCHES)
STATE MAINTAINED (BASE, SURFACE AND BRIDGE
CLASSIFICATION STRUCTURES ONLY)
�����r������� CITY MAINTAINED
II. CITY MAINTAINED
A. U.S. 77 �u;�Nn��� �=�carw� intersection of N����inney Street over Elm Street R�ut� ��,�,
377: to 9�aiNk�ed°��y �tr��� for southbound �r��fiic, and from intersection of Mul���°ry ��r��t
over Locust Street to McKinney Street for northbound traffic.
B. US 77 Business Route (Northbound): From intersection of US 380 (University Drive)
and Locust Street, north over Locust Street to the intersection with FM 2164.
C. FM 426: From intersection of northbound US 77 Business Route and northbound US
377 over McKinney Street to intersection of Woodrow Street.
D. FM 426: Mowing and Litter from Woodrow Lane to City Limits.
E. FM 428: From intersection of Hercules Street over Sherman Drive to intersection of
Locust Street.
F. FM 1830: Mowing and Litter from US 377 to Hilltop Road.
G. FM 2164: Mowing and Litter from US 77 to LP 288.
H. FM 2181: Mowing and Litter from Hickory Creek Road to Redbud Drive.