HomeMy WebLinkAbout26-1098 INCOMPLETEORDINANCE NO. 26-1098
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
DEVELOPMENT AGREEMENT WITH DENTON ENTERPRISE OWNER, LLC WHEREIN
THE DEVELOPER WILL DESIGN AND CONSTRUCT CERTAIN STREET PERIMETER
IMPROVEMENTS ALONG WESTCOURT ROAD AND SPRINGSIDE DRIVE AS A
REQUIREMENT OF THE DENTON ENTERPRISE LOGISTICS DEVELOPMENT;
CONSTRUCT TWO LANES OF WESTCOURT ROAD EXTENDING TO AIRPORT ROAD IN
LIEU OF CONSTRUCTING A BRIDGE AT CORBIN ROAD; THE CITY WILL ACQUIRE
THE NECESSARY RIGHT-OF-WAY FOR THE WESTCOURT ROAD EXTENSION; WITH
CITY PARTICIPATION NOT -TO -EXCEED $866,067.00 FOR THE CONSTRUCTION OF THE
ROADWAY IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") and Denton Enterprise Owner, LLC (the
"Developer") mutually desire to enter into an agreement, attached hereto as Exhibit "A" and fully
incorporated herein for all purposes, for the design and construction of certain street perimeter
improvements along Westcourt Road and Springside Drive; construction of two lanes of
Westcourt Road extending to Airport Road in lieu of constructing a bridge at Corbin Road; city
participation not -to -exceed $866,067.00 for the construction of the roadway improvements (the
"Agreement"); and
WHEREAS; the Developer owns approximately 102.9888 acres of land, generally located
south of Airport Road and east of Westcourt Road within the city limits of Denton (the
"Development"), and are in the process of developing and improving the property for industrial
warehouses; and
WHEREAS, the City has adopted the 2022 Mobility Plan (the "Mobility Plan"),
comprising a thoroughfare plan map and associated thoroughfare standards, guiding the buildout
of the City's roadway, sidewalk, and on -street bicycle transportation network; and
WHEREAS, standard application of Section 7.8.7.B of the Denton Development Code
relating to perimeter street improvement regulations would require construction of a bridge at
Corbin Road and perimeter improvements along Westcourt Road and Springside Drive; and
WHEREAS, Developer has represented to the City that the perimeter street improvement
costs related to the bridge at Corbin Road would render Developer's Development economically
infeasible; and
WHEREAS, because development of the Property already requires certain perimeter street
improvements along Westcourt Road and Springside Drive, the Parties agree that the City will
forgo requiring the Corbin Road bridge improvements in exchange for Developer constructing
additional length of Westcourt Road from Airport Road to approximately 465 linear feet south of
Springside Drive and realigning Westcourt Road (the "Westcourt Road Extension"); and
WHEREAS, pursuant to the Mobility Plan, Westcourt Road is designated as a future
primary arterial, and the construction of this roadway benefits the public as it achieves the goals
of the Mobility Plan by providing a primary north -south thoroughfare from Airport Road to the
future Loop 288; and
WHEREAS, although the Corbin Road bridge improvement is also contemplated by the
Mobility Plan, the City finds that forgoing Corbin Road bridge improvement is less impactful on
the Mobility Plan goals than forgoing the Westcourt Road Extension; and
WHEREAS, Westcourt Road is included in the 2024 Roadway Impact Fee Capital
Improvement plan as project A-31; and
WHEREAS, Chapter 212, Subchapter C, of the Texas Local Government Code ("TLGC")
governs contracts between municipalities and developers where a developer constructs public
improvements and the municipality participates in the cost thereof; and
WHEREAS, pursuant to TLGC Section 212.072(b)(1), the City's participation in the
Westcourt Road Extension is limited to the following: (i) $866,067.00 of the construction cost of
the Project, (ii) the costs of acquisition of the ROW, and (iii) providing certain financial credits
and funding to ensure the completion of the Westcourt Road Extension; 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 their designated representative, is hereby authorized to
execute the Agreement which is attached hereto and incorporated herein as Exhibit A.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by
seconded by
following vote [7 - 01;
Jester
Villarreal
and
. This ordinance was passed and approved by the
Ave Nay Abstain Absent
Mayor Chris Watts:
Jordan Villarreal, District 1:
Nick Stevens, District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Michael Ferrie, Jr.,
At Large Place 5:
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 4th day of August, 2026.
V \v
CHRIS WATTS, MAYOR
ATTEST:
KRISTI FOGLE, INTERIM CITY SECRETARY
BY: K
1j %U
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY
ATTORNEY
BY: