2017-164S:\Legal\Our Documents\Ordinanccs\l 7\TXD0T-STP MMA final doer
ORDINANCE2017-164
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WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA"),
codified under Title 23, U.S.C. Section 101, et seq., authorizes funding for Metropolitan Planning
at 23 U.S.C. Sec. 104(f), which has been reauthorized under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA-LU"); and
WHEREAS, 23 U.S.C. Section. 134, establishes that Metropolitan Planning Organizations
("POs"), and the State's Transportation Agencies develop transportation plans and programs for
urbanized areas of the State; and
WHEREAS, 23 U.S.C. Section. 120, establishes the Federal share of funding for STP
programs involving the procurement, and installation of traffic signals, as defined elsewhere in
this agreement; and
WHEREAS, the State is empowered under existing laws to operate and maintain a system
of highways and roadways for public use and benefit; and
WHEREAS, the City has requested the State of Texas to reimburse to it the Federal
allowable percentage of the cost of installing traffic signals, and other items directly related to the
operation of an intersection at the intersections established in this agreement (hereafter the
"Project"); and
WHEREAS, the Project has been designated as a federal -aid project and accordingly, this
agreement shall be made in accordance with Federal Highway Administration ("FHWA")
procedures and regulations; and
WHEREAS, the City has offered to participate in the development and construction of the
Project, as defined elsewhere in the agreement; and
SALegal\Our Documents\Ordinances\17\TXDOT-STP MMA final.docx
WHEREAS, it is in the best interest of the City and the State to assist the State by furnishing
and installing traffic signal equipment on the Project; and
WHEREAS, the State will secure the Federal cost share, and reimburse the City for their
appropriate costs associated with the Project as defined elsewhere in this agreement; and
WHEREAS, the Texas Transportation Commission passed Minute Order No. 113074
authorizing the Project through the State Transportation Improvement Program; and
WHEREAS, the State of Texas is authorized to enter into an agreement with the City for
the Project pursuant to Texas Transportation Code, Sec. 221.002; and
WHEREAS, the City Council has reviewed the National Highway System Program Project
Agreement for State -Contracted Traffic Signal Construction with a Municipality Providing
Limited Materials or Labor, (hereafter the "Agreement") to be entered into by the State of Texas
and the North Central Texas Council of Governments ("NCTCOG"), a Metropolitan Planning
Organization, chartered under the laws of the State of Texas; however, acting through the City of
Denton, Texas; and the Council notes that Federal Funds in the amount of $38,240 are available
for reimbursement to the City, from the Federal government through the State of Texas; and
accordingly it finds that this Agreement is in the best interests of the citizens of the City and should
be approved; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
SECTION 2. The National Highway System Program Project Agreement for State -
Contracted Traffic Signal Construction with a Municipality Providing Limited Materials or Labor
attached hereto as Exhibit "A," and incorporated by reference herein, is hereby approved; and the
City Manager or his designee, is hereby authorized to execute and deliver said Agreement on
behalf of the City of Denton, Texas.
SECTION 3. The City Manager is hereby authorized to expend funds and to carry out the
rights and duties of the City under the Agreement.
SECTION4. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the .. day of , 201T
CIiRN, "WATTS, MAYOR
SALegal\Our Documents\Ordinances\17\TXDOT-STP MMA final.docx
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRO : D AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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BY