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Contract 41087
THIH,S ATI: FTI`EXAS § CHI C * U NTV oF TRAVIS § CSJ #0014-15-032 District // 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement I/: 02-9XXF6011 gCRETARY NTRACT NO LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE =.Y AND B :TTWEEN! the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111552 authorizes the State to undertake and complete a highway improvement generally described as relocation of northbound exit ramp to Avondale Haslet Road and reconstruct northbound frontage road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as construction, to relocate northbound exit ram to Avondale Haslet Road and reconstruct northbound fronta e road, hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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 as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered. The period of this LPAFA is as stated in the, IV1AFA *it but iff) exception. UTY SECRETAlia ■ ■ ■ ■ ■ ■ ■ • Ft WSW TX Article 2. Project Funding and Work Responsibilities. The State will au horize the performance of only those Project items of work which the Local Government has requested and has agreed to AFA-LPAFA_VolProj Page 1 of 7 Revised 07/10/2009 CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #: 02-9XXF6011 pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. Article 3. Payment of Funds. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund.' The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. Article 4. Right of Access. If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 5. Adjustments Outside the Project Site. The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 6. Responsibilities of the Parties. Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. Article 7. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes specifications, contract provision requirements and related documentation in a Microsof R Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 8. Inspection and Conduct of Work. Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be AFA-LPAFA_VolProj Page 2 of 7 Revised 07/10/2009 CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #: 02-9XXF6011 required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs. Increased cost will be under the conditions as provided for in the MAFA, without exception. Articlel0. Maintenance. Project Maintenance will be under the conditions as provided for in the MAFA, without exception. Article 11. Termination. Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 12 Notices. Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Mr Dale Fisseler City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Article 13. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Article 14. Successors and Assigns. The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, without exception. Article 16. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA unless such MAFA provision is specifically excepted herein. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. Article 17. State Auditor. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA-LPAFA_VolProj Page 3 of 7 Revised 07/10/2009 CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #. 02-9XXF6011 Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Government is performing any work, either directly or through a contractor, it must comply with the following provisions. If a Local Government is receiving ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract, and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is authorized a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness and reasonableness of the data contained in the form The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. AFA-LPAFA_VolProj Page 4 of 7 Revised 07/10/2009 CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #: 02-9XXF6011 Furthermore, the ARRA mandates that the U S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. Whenever funds from the ARRA are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF - SAC), as required by OMB Circular A-133, and separately identify any ARRA expenditures for Federal Awards. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. Article 18. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State nght of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 19. Debarment Certification. The Local Government shall not contract with any person that: is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 20. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. AFA-LPAFA_VolProj Page 5 of 7 Revised 07/10/2009 CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #: 02-9XXF6011 IN WITNESS WHEREOF, THE STATE AND THE L*CAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS 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, established policies or work programs heretofor pproved andyauth • ri ed b [ t e Texas Transportation Commission. Date 9' 297- District Engineer THE LOCAL GOVERNMENT AT EST: Marty Hendrix City Secretary �-ti 5 (o Contract Authorization Date: 1I I'oq APPROVEAS TO FORM AND LEGALITY: ti Amy Ramsey Assistant City Attorney Date: APPROVED: Fernando Costa Assistant City Manager Date: 54/5 APPROVAL RECOMMENDED: Vlg William A. Vefkest, P. 7- a Director, Transportation/ Public Works Department Date:110 OFFICIAL RECORD CITY SECRETARY CT, WORTH, TX AFA—LPAFA_VolProj Page 6 of 7 Revised 07/10/2009 CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #: 02-9XXF6011 Attachment A Payment Provision and Work Responsibilities The Local Government will pay for the cost of the construction to relocate northbound exit ramp to Avondale Haslet Road and reconstruct northbound frontage road. The Local Government's participation is 100% of the cost of this particular improvement. The Local Government's estimated cost of this additional work is $2,558 417 00, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Local Estimate Cost Participation Cost Construction $2,558,417 100% $2,558,417 TOTAL $2,558,417 $2,558,417 Work Responsibilities: Not Applicable. Local Government's Participation (100%) _ $2,558,417.00 Direct State Cost is waived for this project. This is an estimate only, final participation amounts will be based on actual charges to the project. AFA-LPAFA VolProj Page 7 of 7 Revised 07/10/2009 FORT WORTH INTEROFFICE MEMO TO: Wilma Smith, Transportation and Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: September 25, 2009 SUBJECT: CONSTRUCTION AGREEMENT FOR PROPOSED FREEWAY ACCESS IMPROVEMENTS TO US 287 AND AVONDALE HASLET ROAD These documents are being forwarded to you for original signatures from the Texas Department of Transportation All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 2 sets THE STATE OF TEXAS THE COUNTY OF TRAVIS CSJ #0014-15-032 District # 02-Fort Worth Code Chart 64 #15000 Project: US 81; Avondale Haslet Road CFDA # 20.205 Agreement #: 02-9XXF6011 CITY SECRETARY CONTRACT NO. LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and City of Fort Worth, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111552 authorizes the State to undertake and complete a highway improvement generally described as relocation of northbound exit ramp to Avondale Haslet Road and reconstruct northbound frontage road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as construction to relocate northbound exit ramp to Avondale Haslet Road and reconstruct northbound frontage road, hereinafter called the "Project"; and, WHEREAS, Transportation Code, §201.209 allows the State to enter into an interlocal agreement with a Local Government; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; 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 as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered. The period of this LPAFA. is as stated in the MAFA, without exception. Article 2. Project Funding and Work Responsibilities. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to AFA-LPAFA_VolProj Page 1 of 7 0 9- 2 5- 0 9 P Revised 07/10/2009 M&C Rdview CITY COUNCIL AGENDA Page 1 of 2 Official site of the City of Forz Worth, Texas L() RT \VORT Wo RT I I COUNCIL ACTION: Approved on 9/1/2009 0 Ord. No. 18779-09�2009 & Res. No. 3783=0902009 DAT CODE: SUBJNCT: 9/1/2009 REFERENCE NO.: C TYPE: C-23756 NON - CONSENT LOG NAME: PUBLIC HI= ARING: 20AVON DALE HASLET EXIT RAMP & FR©N T AG[ ROAD NO Authorize an Advanced Funding Agreement in the Amount of $2,458,417.00 with Vista Crossroads I, Ltd., by GLC Vista Crossroads, LLC, its General Partner, by Granite Land Company, its Member, Authorize an Interlocal Agreement with Tarrant County in the Amount of $100,000.00 and Adopt a Resolution Authorizing Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Amount of $2,558,417.00 for Construction to Relocate the Northbound Exit Ramp to Avondale Haslet Road and Reconstruct the Northbound Frontage Road and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Advanced Funding Agreement in the amount of $2,458,417.00 with Vista Crossroads I, Ltd., by GLC Vista Crossroads, LLC, its General Partner by Granite Land Company, its Member ; 2. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County in the amount of $100,000; 3. Adopt the attached resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation in the amount of $2,558,417.00 for the Texas Department of Transportation to relocate the northbound exit ramp to Avondale Haslet Road and reconstruct the northbound frontage road; and 4. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $2,558,417.00 from available funds; DISCUSSION: A developer, Vista Crossroads 1, Ltd., prepared design plans to relocate the northbound exit ramp to Avondale Haslet Road and to reconstruct the northbound frontage road. Vista Crossroads 1, Ltd., has requested that the City submit the plans to the Texas Department of Transportation (TxDOT) for construction. Texas Transportation Commission Minute Order No. 111552 authorizes TxDOT to relocate the northbound exit ramp to Avondale Haslet Road and to reconstruct the northbound frontage road and to prepare a Local Project Advance Funding Agreement with the City in the amount of $2,558,417.00. City staff prepared an Advance Funding Agreement with Vista Crossroads 1, Ltd., in the amount of $2,458,417.00 for reimbursement to the City for costs incurred under its Agreement with TxDOT. The Transportation and Public Works Department will be responsible for the collection of these funds. Since this roadway is on -system and will be a TxDOT asset, TxDOT will manage the construction project. Tarrant County staff prepared an Interlocal Agreement with the City for reimbursement in the amount of $100,000.00 for costs incurred under the Agreements with Tx DOT and Vista Crossroads 1, Ltd. The Transportation and Public Works Department will be responsible for the collection of these http://www.fortworthgov.org/council packet/Inc _review.asp?ID=12030&councildate=9/1/2009 9/21/2009 M&C Review funds. Prior to construction, T xDO T will schedule public meetings and outreach for the project as necessary. This project is located in COUNCIL DISTRICT 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The Transportation and Public Works Department is responsible for collection and deposit of funds due to the City. TO Fund/Account/Centers 1 &3) GG01 488100 0203002 $2,458,417.00 2&3) GG01 451XXX 0203002 $100,000.00 3) 0001 539120 0203002 $2,558,417.00 FROM Fund/Account/Centers 3) GG01 539120 0203002 $2, 558, 417.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Jim Walker (8009) ATTACHMENTS 20AVONDALE HASLET EXIT RAMP - FRONTAGE ROAD AO.doc 20AVONDALEHASLET Resolution.doc 20AVO N HAS L ETC O N ST. pdf Page 2 of 2 http://www.fortworthgov.org/council packet/mc review.asp?ID-12030&councildate 9/1/2009 9/21/2009 MAYOR AND COUNCIL COMMUNICATION MAP 20AVONHASLETCONST DETAIL OF PROJECT LOCATION Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $2,558,417.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING THE CONSTRUCTION TO RELOCATE THE NORTHBOUND EXIT RAMP TO AVONDALE HASLET ROAD AND RECONSTRUCT THE NORTHBOUND FRONTAGE ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-2009 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the General Fund by $2,558,417.00 from available funds, for the purpose of funding the construction to relocate the northbound exit ramp to Avondale Haslet Road and reconstruct the northbound frontage road. S ECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. S ECTION 3. That this ordinance shall be cumulative of Ordinance No. 18283 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE S ECTION 4. A Resolution NO. AUTHORIZING EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DIVISION OF COSTS AND RESPONSIBILITIES FOR RELOCATION OF US 81/287 NORTHBOUND EXIT -RAMP AT AVONDALE HASLET ROAD AND RECONSTRUCTION OF THE NORTHBOUND FRONTAGE ROAD FROM 2-LANES TO 3-LANES WHEREAS, the Texas Transportation Commission passed Minute Order No. 111552 providing for the development of and funding to relocate the northbound exit ramp to Avondale Haslet Road and reconstruct the northbound frontage road; and WHEREAS, the City of Fort Worth desires to enter into a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for the division of costs and responsibilities associated with the above referenced project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Authorizes the City Manager, or his designee, to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation to share the costs and responsibilities associated with the relocation of the northbound exit ramp to Avondale Haslet Road and reconstruction of the northbound frontage road. PASSED AND APPROVED by the City Council of the City of Fort Worth, Texas, on this the day of 2009. By: Marty Hendrix, City Secretary MS ORT WORT