21-529ORDINANCE NO. 21. -529
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PROVIDING ALL
REQUIRED MAINTENANCE OF CERTAIN LANDSCAPE AND IRRIGATION
IMPROVEMENTS LOCATED WITHIN THE RIGHT OF WAY OF FM 2499 FROM FM 2181
TO IH 35E (THE "AGREEMENT"); AUTHORIZING THE INTERIM CITY MANAGER, OR
HER DESIGNEE, TO PERFORM ALL OBLIGATIONS OF THE CITY UNDER THE
AGREEMENT, INCLUDING THE EXPENDITURE OF FUNDS; AND PROVIDING 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, of which Denton County is one, with the program goal to 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 2019 to upgrade
the landscaping on the FM 2499 medians from US Highway 135 to FM 2181; and
WHEREAS, the proposed Landscape Maintenance Agreement ("LMA") affirms that
TXDOT will provide funding for the installation for all landscape materials including trees,
plants, irrigation, and concrete mow strips, and after installation, the City will assume all
maintenance responsibilities and the financial obligation attendant to the maintenance; and
WHEREAS, pursuant to the LMA, TXDOT would install landscape elements including
but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features,
though this will be handed through an advance funding agreement to be considered separately
wherein the City would install the infrastructure using funds from both the federal government
and TXDOT; and
WHEREAS, pursuant to the LMA, the City would 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; such landscape maintenance would include but not be limited to
plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance,
and irrigation system operation and maintenance, wherein all landscape elements must be
maintained in a functional and aesthetically pleasing condition; and
WHEREAS, City staff has reviewed the LMA required by TXDOT and is of the opinion
that it should be approved; and
WHEREAS, the City Council finds it is in the public interest to approve the LMA; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Page 1 of 3
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 forth in the body of this ordinance.
SECTION 2. The Interim City Manager, or her designee, is hereby authorized to execute
on behalf of the City the Landscape Maintenance Agreement with TXDOT, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, or a substantially similar
agreement as may be required by TXDOT.
SECTION 3. The Interim City Manager, or her 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.
The motion to approve this Rrdinancc was made by "505' ! �V is and
seconded by '30y n C^- ; the ordinance was passed and approved
by the following vote [ -1 42_]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1:
Connie Baker District 2:
Jesse Davis, District 3:
V
John Ryan, District 4:
�
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED and APPROVED this the l day of A?C i � , 2021
GERARD HUDSPETH, MAYOR
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ATTEST: F D EN�`�•,
�%.A,: ' •.y .••.....,, • G •.
ROSA RIOS, CITY SECRETARY �, 2
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BY: y a -.
APPROVED AS TO LEGAL FORM: �N ii�y
AARON LEAL, CITY ATTORNEY
Page 3 of 3
ID: 86157491-BB34-4OE4-A245-04A92 EO2 E E E2
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
IEwa @aa!irwW�.l
This AGREEMENT made this day of `6 +'' , 2044 , by and
between the Texas Department of Transportation, hereinafter referred to as the
"State," and the City of Denton , Denton County, Texas,
acting by and through its duly authorized officers, hereinafter called the "City".
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City
exclusive dominion, control, and jurisdiction over and under the public streets
within its corporate limits and authorizes the City to enter into agreements with the
State to fix responsibilities for maintenance, control, supervision, and regulation of
State highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the
State, at its discretion, to enter into agreements with cities to fix responsibilities for
maintenance, control, supervision, and regulation of State highways within and
through the corporate limits of such cities; and
WHEREAS, the State and the City have entered into a Municipal
Maintenance Agreement dated April 26, 2010 , the provisions of
which are incorporated herein by reference, and wherein the City has agreed
to retain all functions and responsibilities for maintenance and operations which
are not specifically described as the responsibility of the department; and
WHEREAS, the State has existing and proposed landscape
improvements, such as, but not limited to, the installation of tree, shrub, and turf
plantings, irrigation systems, and other aesthetic elements for areas within the
right of way of state highway routes within the City as shown on Attachment "A";
and
WHEREAS, the State will provide such landscape improvements, provided
that the City agrees to be responsible for all required maintenance of the
landscape improvements.
ID: 86157491-B B 34-40 E4-A245-04A92 E02 E E E2
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, it is agreed as follows:
Contract Period
This Agreement becomes effective upon the date of final execution by the
State, and shall remain in effect until terminated or modified as hereinafter
provided.
Coverage
This agreement prescribes the responsibilities of the State and the City
relating to the maintenance of the landscape and irrigation improvements
project which is located on FM 2499 non -controlled access state highway, as
defined in the Municipal Maintenance Agreement. The maintenance is further
described in Attachment A, the location map for this project, and limited to the
portions along FM 2499 from FM2181 to IH35E.
Amendment
The parties agree that this agreement may be amended. Such amendments,
to be effective, must be in writing and signed by both parties.
State's Responsibilities
The State shall install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents.
City's Responsibilities
The City may install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents. Any installations shall be performed in
accordance with Texas Department of Transportation specifications and
standards, and must be approved by the State in writing prior to any work being
performed.
❑ocuSign Envelope ID: ABE5CBB6-67FO-43F2-AC04-BDF133241FC2
DocuSign Envelope ID: 86157491-8634 4QE4-A245-04A92EO2EEE2
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. Landscape maintenance shall include but not be limited to plant
maintenance, plant replacement, mowing and trimming, hardscape element
maintenance, and irrigation system operation and maintenance. The City will be
responsible for all utility costs associated with maintaining landscape elements.
All landscape elements must be maintained in a functional and aesthetically
pleasing condition.
TERMINATION
It is understood and agreed between the parties hereto that should either
party fail to properly fulfill its obligations as herein outlined, the other party may
terminate this agreement upon thirty days written notice. Additionally, this
agreement may be terminated by mutual agreement and consent of both parties.
Should the City terminate this agreement, as prescribed here above, the City
shall, at the option of the State, reimburse any reasonable costs incurred by the
State,
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of---QeA-)0 _ on the 44'.-- day of
Apr( I„ , year and the Texas Department of Transportation,
on the_Lcylll day of , year
ATTEST: THE THE STATE OF TEXAS
CITY OF - O
By.
(T a of Signing cial)
ATTEST:
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, and the established policies or
work programs heretofore approved and
authorized by the Texas Transportation
Rasa Rios, ty Secretary Commissian.
�,� J DacuSlgnetl by:
By �--
APPROVED AS TO LEGAL FORM: i3y
USn6tPi;# Engineer
Aaron Le 12 Ci Atto
By: 1:!�— DALLAS
ha Bement has been both District
reviewed and approved as to
Attachments financial and operational obligations
eTms.
ignature
Director of Parks and Recreation
Title
DocuSign Envelope ID: 86157491-BB34-40E4-A245-04A92E02EEE2
Exhibit A — PROJECT LOCATION MAP
CSJ — 2681-01-026
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CITY OF DENTON, TEXAS
FUNDING SOURCE: GREEN RIBBON PROGRAM FY2021
PROJECT DESCRIPTION: LANDSCAPE ENHANCEMENTS AND
IMPROVEMENTS TO INCLUDE TREES, SHRUBS, GROUNDCOVERS AND
IRRIGATION
PROJECT LIMITS.
ON FM 2499
BEGINNING AT FM 2181 (TEASLEY LANE)
ENDING AT IH 35E