HomeMy WebLinkAbout24-172 INCOMPLETEORDINANCE NO. 24-172
AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER,
OR DESIGNEE. TO EXECUTE A PIPELINE CROSSING CONTRACT WITH THE
KANSAS CITY SOUTHERN RAILWAY COMPANY, A MISSOURI CORPORATION,
D/B/A CPKC (“RAILWAY COMPANY”), FOR THE PURPOSE OF CROSSING UNDER
THE RAILWAY COMPANYtS TRACKS AND RIGHT-OF-WAY AT MILE POST D 103.27
(ALLIANCE SUBDIVISION) DENTON (DENTON COUNTY), TEXAS TO CONSTRUCT,
MAINTAIN, OPERATE, USE AND/OR REMOVE A PROPOSED SANITARY SEWER
PIPELINE FOR THE CITY9 S BONNIE BRAE PHASE 3 WIDENING AND
REALIGNMENT PROJECT: PROVIDING FOR THE EXPENDITURE OF FUNDS IN THE
NOT-TO-EXCEED AMOUNT OF NINE THOUSAND, THREE HUNDRED SEVENTY-
FIVE DOLLARS ($9,375.00); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the existing rural South Bonnie Brae Road between FM 1515 and Roselawn
Drive is being reconstructed to accommodate the ultimate four lane divided urban street section
called Phase 3 of the Bonnie Brae Widening and Realignment Project; and
WHEREAS, The Railway Company has presented the City with a Contract permitting the
installation of a City sanitary sewer pipeline crossing under the Railway Company’s tracks and right-
of-way, a copy of which is attached hereto and made a part hereof Exhibit A (the " Agreement")
including the fee associated; and
WHEREAS, on August 16, 2023, council authorized the contract with Sundt Construction
Company Inc., for the construction of the Bonnie Brae Phase 3 Widening and Realignment Project
which includes the installation of the Sanitary Sewer Pipeline and on October 16, 2023 the City
issued a Notice to Proceed to Sundt Construction Company Inc.to begin work; and
WHEREAS, the Railway Company requires an approved Pipeline Crossing Contract and
fee between the City and the Railway Company providing permission for the City’s sanitary sewer
pipeline to cross under the tracks and within the railway right-of-way prior to authorizing the
contractor’s work in the railway right-of-way to commence; and
WHEREAS, the City Council having considered the importance of the Project to the citizens
of Denton and finding that it is in the public's health and safety interest, is of the opinion that it
should approve the Agreement;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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 City Manager, or their designee, is hereby authorized to execute on
behalf of the City; the Pipeline Crossing Contract with the Railway Company , a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an
amount not to exceed NINE THOUSAND, THREE HUNDRED SEVENTY-FIVE DOLLARS
($9,375.00).
SECTION 4. The City Manager is further authorized to carry out all duties and agreements
to be performed by the City under the Agreement.
SECTION 5. The City Manager, or designee, is the City’s designated, authorized official,
with the power to authorize, accept, reject, alter or terminate the Agreement on behalf of the City
and act on behalf of the City of Denton in all matters related to the Agreement and any subsequent
agreements that may result.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Br\ & A Bb /C and
seconded by (ORr ,\ I ,). tl5 . The ordinance was passed and approved by
the following vote U - A :
Aye
-,/
J
,/
,/
Z
/‘
J
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, { (*'-'day ,f 6\ r , T \_, 2024.
ATTEST:
LAUREN THODEN, CITY SECRETARY
Ma
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: --'-'–- #eB-=
ORDINANCE: PIPELINE CROSSING CONRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
PIPELINE CROSSING CONRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
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to the Ordinance
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
Page 4 of 11
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
Page 5 of 11
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
Page 6 of 11
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
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(Signatures on following page)
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
Page 8 of 11
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
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04/10/2024
License Approval Form
The Kansas City Southern Railway Company
PIPELINE CROSSING CONTRACT – KCS RAILROAD
as needed for the Bonnie Brae Phase 3 Widening & Realignment Project
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