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18-1530•'� � • � � AN ORDINANCE OF THE CITY OF DENTON AUTHORIZIIVG THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PROVIDING ALL REQUIRED MAINTENANCE OF CERTAIN LANDSCAPE IMPROVEMENTS LOCATED WITHIN THE RIGHT OF WAY OF STATE HIGHWAY ROUTES; AND PROVIDPVG AN EFFECTIVE DATE. WHEREAS, The Green Ribbon is a program established by the Texas state legislature in 1999 to allocate funding for landscaping and other enhancement activities in Texas Department of Transportation ("TXDOT") districts that have air quality non-attainment and near non-attainment counties, af which Denton County is one, with the program gaal ta establish trees and plants in state highway rights-of-way to help mitigate the effects of air pollution; and WHEREAS, The City provided concept designs to TXDOT in early June 2018 to upgrade the landscaping on the University Drive (US 3$0) from Elm Street (US 77) to Masch Branch Road medians; and WHEREAS, the propased Landscape Maintenance Agreement (66LMA99) affir.ms that TXDOT will provide funding for the installation for all landscape materials including trees, plants, irrigation, and concrete mow strips, and after installatian, the City will assume all maintenance responsibilities and the financial obligation attendant to the maintenance; and WHEREAS, TXDOT shall install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigatian systems, and hardscape features not to exceed Six Hundred Sixty-Seven Thausand Two Hundred Eighty-Five Dallars ($667,285.00); and WHEREAS, the City shall maintain all landscape elements within the limits of the right-of— way, including all median and island areas but excluding paved areas intended for vehicular travel; and landscape maintenance shall include but not be limited ta plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system aperation and maintenance wherein all landscape elements must be maintained in a functional and aesthetically pleasing condition; 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 true and as if fully set farth in the bady af this ordinance. SECTION 2. The City Manager of the City of Denton, or his designee, is hereby autharized to execute on behalf of the City the Landscape Maintenance Agreement with TXDOT, a copy af which is attached hereto as Exhibit 66 A 99 and made a part hereof for all purposes. ��, SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and obligations to be performed by the City under the Agreement, including, but not limited to, the expenditure of funds. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. a�� tl�� r��c�� r��s made by mthe ordin.�,�. � m.��.,�,� and econded b to �� y ��" �'�� , ance was passed and approved l�y� 1�.� fa��i��,� ��i� ��_ � ��, Aye Nay Abstain Absent Mayor Chris Watts: _ �'a Gerard Hudspeth, District 1: _�"'` Keely G. Briggs District 2: � Don Duff, District 3: '��'"� John Ryan, District 4: � Deb Armintor, At Large Place 5: � Paul Meltzer, At Large Place 6: � 1�,!"�.��;I� ;��°�� ,��1�[�(':��"f��;�� tM�� 1�� _ ��' ��,r� �;r� � .,�� ,��°��"�'�'��"�..w , 2018 �� ,�-„�. �.,, 4� ��I�a ' �'i"�I"�„ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ��^„� �,�� BY, � �. �� _�� l''��J:� :� ��.�1�:� AS �� '� LEGAL FORM: AARON LEAL, CITY ATTORNEY � � ,�� "� �,.�� ., � � .... ._... BY: ��.� � � �"" w� ��= " � � �� ........�..... .::�: ��" � �..�..____.. � � ,�. � Form 2043 (Rev� 04112� Page 1 0( 3 LAN�SCAPE MAINTENANCE AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this �� day of �� ,'��I��- , 20,� ', by and between the Texas Department of Transportakion,a hereinafter refe�red to as the "5tate," and the City of Denton � _Denton County, Texas, acting by and through its duly aut�orized officersre nereinafter called the "City". WITNESSETH WHEREAS, Chapter 311 of the Transpartation Code gives the Ci�y exclusive dominion„ controla and jurisdiction over and under the public streeks within its corPorate I'�mits and aukF�arizes the City to enter into agre�m�nts wi#h tha 5tate ko fix responsibilities fflr maintenance, contral,, sup�rvision, and regulation of State highways w�thin and through its corporate limits; and WHEREAS, 5ection 221.002 of the Transportation Code aut�orizes the State, at its discretian, ta enter into agreements with cities to �x respansibilities for mair�kenance, coniral, sup�rvision, and regulation of State highways within and through #he corporate limits of such cities; and WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement dated ,J,u,ne 04� 2015 the rovisions of ,,,,,,,, � P which are incorporated herein by reference, and wherein the City has agreed ta retain all f�nctions ar�d responsibilities for maintenance and operations which are not specifically described as the responsibility of the departmer�t; and WHEREAS, the State has existing and praposed landscape improvements, such as, but not limited ta, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic el�ments for areas within the right of way af state highway routes wi#hin the City as shown an Attachment °A"; and WHEREAS, the 5tate will provide s�ch landscap� im�ro�ements, provided that the City agrees ta be responsible far all required maintenance of the landscape improvements. Form 2U43 (Rev. 04I12) Page 2 of 3 AGREEMENT NOW, THEREFOR�, in consideration of the premises and oF the mutuak co�enants and agreements of the parties hereto to be by them respectiveiy fcept and pertormed, it is agreed as fallows: Contract Perivd Th�is Agreemenk becomes effecti�e upan the date of finai execution by the State, and shafl remain in effect until t�rm�nated or mtidified as hereinafter providetl. Co�eraste This agreement prescribes the responsibilities of the Skate and the City relating to the instaflation and maintenance of landscape elements on non- contralled access state highways, as defined in the Municipal Maintenance Agreement, and described ar�d graphically shown as "5tate Main#ained and Op�rat�d" in that agreement. Amendment The parties agree #hat tE�is agreement may be amended. Such arnendments„ to be effective, must be in writing and signed by bofh parties. State's Responsibilities The State shall install landscape elements inc[uding but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features througi� its employees or duly appointed agents. Ci#y's Resqonsibilities The City may install landsca}�e shrubs, grasses, sidewalks, irrigatio� employeas or duly appointed agen accarda�ce wik� Texas Departm� standards, and must be approved b� Pertormed. elements including but r�ot limited to trees, systems, and hardscape features through its s. Any installa4ions shall be performed in :nt of Transporkation sp�cifications and the Stat� in writing prior to any work being Fann 20A3 (Rav. �l12y Pape a of 3 The City shall rnaintafn a!1 landscape elemer�ts within the Ilmita of the right of way inc�uding all medlan and island areag but excluding paved areas intended for vehlcular travel. Landscape maintenanca shall include but not be Nmited ta plant malntenance, plant replaaement, mowing and trimming, harclacape elamen# mal�tenance, and irrigation aystem operation gnd mainte�ance. All landscape elements must be maintained in a functionai and aestheficafiy pleasing candition. _:�� .s �. !t is undersfoad and sgreed between t�s parties hereto that should either party fail to properly fut�ll its obiigatians as herein outlined, the otFier party may terminate lhfs a�reement upon thirty days written not[ce. Addltlona�ly, this sgreement may be termineted by mutual agreement and consent of both parties. Shot�ld the City terminate thia egreement, as preacrlbed here ebove, the City ahall, at th� opt#on of the State, reimbursa any reasanable costs incurred by the Stste. !N 1MTNE88 WHEREQF, the partles have hereunta afiixed their ignatures, the City of Denton on the °� da of ° Y S��temb�r,,,,,,,,,,,,,,,,,,,,,�� , year z0�� , end the Texas Department of Trensportation, on the a'��,". day of ,,,,� �°'� ,�,�.�.,�,�„�� Ysar �� A EST: �� ^� CITY OF Dentan 8y TodcE Nilcrnan Ci Mana cr (Tit�e of Signing Offlcial) ATTBST: 38CRBTARY � � F D' N, aY� ' _„� � � ��. �vTN ��Yi6W�ED 11ND A1�P1lOVRD � tolln�nel�! �ne� ostarpbonal o�1lpaNans end l�uolnaso 1�rn�s. � � °� �'�' P i� '� i� �� .�:�� gnatur� �� .��.��r ��.� �� '��'� ° ��.�� ,u��"�"�' �w � �s��,�a��P��a�u ��rm �.,�� '; ; , THE STATE O� TEXAS Execu#ed for the Executhre Director and approved for ths Texas Transportatlon Commfasion for the p�rpose and effect of act3vating andlar carrying out the orders, and the establ#shed poiicies or wark prograrns heretofnre approrred and authorized b the Texas Trenspartatio„ Commiss��.,�� _�.�,�'� By � � � � �� strict ��..� 11 nnn/►Yl� f1 �I.S i Q FQRiYI: GiN A1Tp}�ly�y CITYOF N'�g � , � � ";•� m�,,,,�� Y: � �� ._.. 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