HomeMy WebLinkAbout25-234ORDINANCE NO. 25-234
AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A REIMBURSEMENT AGREEMENT WITH THE UNION PACIFIC RAILROAD
COMPANY, A DELAWARE CORPORATION, FOR THE PURPOSE OF
PRELIMINARY ENGINEERING SERVICES TO ELIMINATE THE 2 AT-GRADE
CROSSINGS AT JOHNSON LANE AND BONNIE BRAE STREET, AND CREATE A NEW
AT-GRADE CROSSING AT BRUSHY CREEK-HICKORY CREEK; PROVIDING FOR THE
EXPENDITURE OF FUNDS IN THE AMOUNT OF SEVENTY- FIVE THOUSAND
DOLLARS ($75,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, According to the Mobility Plan 2022, the future extension of Brush Creek
Road is planned to cross U.S. 377 and the Union Pacific Railroad (UPRR); and
WHEREAS, The UPRR has presented the city with a Reimbursement Agreement for
preliminary engineering services related to a new crossing at Brush Creek- Hickory Creek, a copy
of which is attached hereto and made a part hereof Exhibit A (the "Agreement"); and
WHEREAS, The UPRR Scope of work includes, but is not limited to field diagnostic(s)
and inspections, plan, specification, and construction review, project design, preparation of project
estimate for force account or other work performed by the Railroad, and meetings and travel; and
WHEREAS, The UPRR requires an approved Reimbursement Agreement between the
City and the UPRR providing preliminary engineering services for the construction of the new
crossing at Brush Creek-Hickory Creek; 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 recitals contained in the preamble of this ordinance are hereby
incorporated into the body of this ordinance are true and correct.
SECTION 2. The City Manager, or designee, is hereby authorized to execute the
Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad,
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 SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00).
SECTION 4. The City Manager is further authorized to carry out all duties and agreements
to be performed by the City under the Agreement.
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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.
,...„d.TJy''"Er.rJ:"EJj ir'P(:"c:=” "’t::Mini:e th LI:=?and approve;Ithe following vote L.L- a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee. At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 18th day of February, 2025.
A
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: IW"\ UP
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