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2007-087. _~s: \our documents \ordinances\07 \downtown transit center. doc ORDINANCE NO. ODD- / AN ORDINANCE OF THE DENTON CITY COUNCIL GIVING THE CITY MANAGER OR HIS DESIGNEE THE AUTHORITY TO SUBMIT A GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION FOR THE PROPOSED DOWNTOWN TRANSIT CENTER, IDENTIFYING A SPECIFIC SITE AND PROVIDING THE AUTHORITY TO REQUEST CONGRESSIONALASSISTANCE ON THE PROJECT TIMELINE; AND PROVIDING FOR 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, bus transit and other alternate means of transportation; and WHEREAS, the Downtown Transit Center project is located in the City of Denton on the MKT rail line a few blocks east of the historic Courthouse Square and will include enhancements and amenities to improve public transportation; and WHEREAS, building ofthe Downtown Transit Center project will accomplish the intention of the City of Denton and Denton County Transportation ("DCTA"); and WHEREAS, the City Manager anticipates grant funding for the Downtown Transit Center project will be available through the Federal Transit Administration; and WHEREAS, the City Council deems it in the public interest to support a site located at the corner of East Hickory Street and Railroad Avenue; and WHEREAS, A Congressional earmark in the amount of $3.1 million currently exists; and WHREAS, the City Manager may contact the U. S. Congressional delegation to further assist in facilitating funding for the 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 Federal Transit Administration ("FTA") for funding to make the necessary bus, pedestrian, bicyclist enhancements and amenities at the proposed Downtown Transit Center project. l .. SECTION 3. Should the FTA approve funding for the Downtown Transit Center project, 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 the FTA 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 and is hereby authorized and directed to comply with any assurances, conditions, or agreements required to be executed, to take all actions required under the FTA regulations and to make expenditures of all the funds required to be expended or received by the City of Denton under the FTA grant as its share of the project, to submit any required applications and take any actions necessary to comply with the FTA grant process and to achieve the purpose of this ordinance. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. /J PASSED AND APPROVED this the ln/ - day of 7`j%r/r/ ~ , 2007. . ~'~~~ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, `C'ITY SECRETARY BY: (/(/ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2