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2003-256ORD N CE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE CITY'S PARTICIPATION FOR ITSELF, AND ON BEHALF OF DENTON COUNTY UNDER AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND DENTON COUNTY, IN THE TEXAS DEPARTMENT OF TRANSPORTATION OFF-SYSTEM BRIDGE REPLACEMENT PROGRAM AS AUTHORIZED BY TEXAS ADMINISTRATIVE CODE, TITLE 43, SECTION 15.55(D); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY AND COUNTY ALL DOCUMENTS OR AGREEMENTS NECESSARY TO CARRY OUT THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the "State") to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway systems (the "State Program"); and WHEREAS, the City of Denton and Denton County have entered into an Interlocal Agreement authorized by Ordinance No. 2003-237 (the "Interlocal Agreement") which identifies the City of Denton as the Local Government administrator with the State on behalf of the City and Denton County for the State Program with respect to the bridges identified in this ordinance; and WHEREAS, the City of Denton owns the following bridges: Owner Control National Bridge At At Stream Entity: Section Job Inventory (NBI) Roadway: Crossing: No. (CST): Number: City of Denton City of Denton City of Denton City of Denton City of Denton 0918-46-041 0918-46-094 0918-46-167 0918-46-949 0918-46-952 B05224-001 AA0510-003 B03260-001 AA0510-002 AA0510-001 Mayhill Road Bonnie Brae Street Frame Street Bonnie Brae Street Bonnie Brae Street Cooper Creek Roark Branch Pecan Creek Hickory Creek Dry Fork Creek WHEREAS, Denton County owns the following bridges: Owner Entity: Control National Bridge At Section Job Inventory (NB1) Roadway: No. (CST): Number: At Stream Crossing: Denton County Denton County Denton County Denton County Denton County Denton County Denton County Denton County 0918-46-901 0918-46-922 0918-46-951 0918-46-933 0918-46-950 0918-46-102 0918--46-909 0918-46-948 AA0152-002 AA0521-001 AA0187-001 AA0130-001 AA0262-001 AA0209-001 AA0125-001 AA0199-001 Sam Bass Road John Paine Road Nicholson Road Indian Trail Road Friendship Road Huling Road Pmett Road Reik Road Clear Creek Roark Branch Clear Creek Behnke Branch Pecan Creek Pond Creek Carson Creek S. Hickory Creek WHEREAS, the projects to remedy the bridges listed above are included in the Interlocal Agreement and the currently approved program of projects as authorized by Texas Transportation Commission by specific Minute Orders; and WHEREAS, the usual fund participation ratio for projects on the State Program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or caused to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross- drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the State has estimated the local match fund participation requirement for the approved federal off-system bridge projects listed above at $448,700, hereinafter referred to as the "participation-waived" contract amount, such participation requirement the City of Denton for itself and on behalf of Denton County under the Interlocal Agreement proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City of Denton acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include, but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other m~mlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus load'mg if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the City of Denton assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. Page 2 5. The City of Denton will be allowed three years after the contract award of the participation-waived projects to complete the structural improvement work on the equivalent-match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and the City of Denton. SECTION 2. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton and Denton County under the Interlocal Agreement all documents or Agreements necessary to carry out the State Program and participation waived projects and contract amounts. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~'J~ dayof ~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 3