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2006-086~~ 5:\Our Documents\Ordinances\06\STEP Downrown Multimodal TransiLdac ORDINANCE NO. ~d -~~~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING AND SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE FUNDING TO BUILD THE DOWNTOWN MULTI MODAL TRANSIT CENTER; AND, IF THE GRANT IS APPROVED, TO EXECUTE THE GRANT AGREEMENT AND TAKE OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, ("City of Denton") wishes to improve the safety and efficiency for movement of people by walking, bicycling, rail transit and other alternate means of transportation; and WHEREAS, the Downtown Denton Multi Modal Transit Center ("DDMMTC") enhancement project is located in the City of Denton on the MKT rail line a few blocks east of the historic Courthouse Square and includes pedestrian and bicycle enhancements and amenities at the Transit Center, landscaping and shading of the waiting and resting areas adjacent to the Transit Center, and sidewalk route improvements leading to and from the facility, leading to work, shopping and recreational venues hereinafter referred to as the DDMMTC project; and WHEREAS, the building of the DDMMTC project will accomplish the intention of the City of Denton; and WHEREAS, the City Manager anticipates funding for the DDMMTC project will be available through the Texas Department of Transportation's Statewide Transportation Enhancement Program Nomination Form 2006 ("STEP"); and WHEREAS, the City Council deems it in the public interest to support the STEP and to apply for STEP financing for the DDMMTC project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager or his designee is hereby authorized to make application on behalf of the City of Denton to the Texas Department of Transportation ("TxDOT") through its STEP for funding to make the necessary pedestrian and bicyclist enhancements and amenities at the proposed DDMMTC, as well as sidewalk route improvements leading to and from the DDMMTC, leading to work, shopping, and recreational venues, known as the DDMMTC project. S:\Our Documents\Ordinances\O6\STEP Downtown Multimodal Transitdoc SECTION 3. Should TxDOT approve funding for the DDMMTC project, through its STEP, the City of Denton agrees to commit to the project's development, implementation, construction, maintenance, management and financing, including providing the required local match at 20 percent or greater of the total project cost, including being responsible for all non- federally fundable items and 100 percent of all cost overruns. The City Manager, or his designee, is hereby authorized to execute a Grant Agreement with TxDOT after the Agreement is approved by the City Attorney, and to exercise all rights and duties of the City of Denton under this Agreement. SECTION 4. The City Manager, or his designee, is the City of Denton's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed, to take all actions required under the STEP and to make expenditures of all the funds required to be expended or received by the City of Denton under the STEP grant as its share of the STEP. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 ~stday of /i/Q~ ~ , 2006. ~ ~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY \ BY: '~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2