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HomeMy WebLinkAbout24-1047 - INCOMPLETEORDINANCE NO. 24-1047 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNI(_'lP AL CORPORATION, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE RELOCATION AND ROAD WIDENING PROJECTS (ROW CSJ 0195-03-1039 ROW CSJ 0081-13-074, AND ROW CSJ 1951-01-012) OF VARIOUS FACILITIES OPERATED BY DENTON MUNICIPAL ELECTRIC GENERALLY LOCATED AT 135E FRONTAGE ROAD AT THE UNION PACIFIC RAILROAD CROSSING. i35W FRONTAGE ROAD BETWEEN FM 407 AND FM 2499 AND FM 1515 FROM BONNIE BRAE STREET TO WESTCOURT ROAD WITHIN THE TERRITORIAL LIMITS OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EX(_'EED $5,000,000; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the “City”) owns and operates an electric utility which provides electric energy and related services to all customers within Denton Municipal Electric’s (DME) Public Utilities Commission of Texas (PUCT) certificated jurisdiction; and WHEREAS, the City and TxDOT are working cooperatively to determine scope, cost, and appropriate reimbursement to the City associated with the City’s provision of electric energy and related services currently located in TxDOT rights-of-way or private easements to be relocated based upon highway design and rights-of-way drawings provided by TxDOT; and WHEREAS, the City has determined that it is the public interest to authorize the City Manager to enter into TxDOT reimbursement agreements, joint use agreements, crossing permits, and other required agreements for three (3) active and currently identified TxDOT relocation and road widening projects within the City referenced as ROW CSJ 0195-03-103, ROW CSJ 0081-13-074, and ROW CSJ 1951-01-012 after approval by the City Attorney; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble of this ordinance are incorporated herein by reference as findings of the City Council. SECTION 2. The City Council approves and authorizes the City Manager, or designee, to execute and deliver reimbursement agreements, joint use agreements, and crossing permits, as well as other agreements required by TxDOT, including those attached hereto and referenced herein (“Agreements”) as needed for ROW CSJ 0195-03-103, ROW CSJ 0081-13-074, and ROW CSJ 1951-01-012, only after the same have been approved by the City Attorney and is further authorized to carry out the rights, duties, obligations, and responsibilities of the City under such Agreements . SECTION 3. The City Council approves and authorizes the City Manager, or designee, to take such additional actions as the City Manager, or designee, determines to be necessary and advisable to continue to effectuate the purpose, terms, and conditions of the Agreements. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. SECTION 5. City Council hereby authorizes the expenditure of funds up to Five Million Dollars and 0/100 ($5,000,000). The motipn tO approve ;his ordinance was made by Br\u- BeeR and seconded by J.c FI-,I)'_ J . The ord)ylhe following vote [ ] - D ]: Alg Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Metzler. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the ./ J J ./ ./ ,/ .,/ 2024 LTsN ATTEST: LAUREN THODEN, CITY SECRETARY Han +r&O Al:/ IeTf:I haM APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ?rhoc@&L&&+t+bBY: