19-541•� • �
0011101=1 go WIN I Waffilil91 a LIN E9101111011• • '''•
ENVIRONMENTAL901
CONDUCT l FIE D SURVE•" •
INROPERTY WHEN SUCH WORK• ! IN PREPARATION FOR
L"UBLIC ' •
from time to time, the CapitalProjects Real Estate Division _ requests
ownershipCrom public agencies and utility companies for a temporary Right -of -Entry ("ROE") to conduaI6
.t�nvironmental surveys and to perform field survey work on City -owned property in preparation
Cor a public project. Because ROEs only allow temporary access to property and do not convey ea
interest, granting the ROE can ► ` processed administratively; anr
WHEREAS, there are currently two (2) such requests from the Texas Department of
in the region and to reduce congestion on 1-35W and 1-35 and the second for a roadway
improvement project along FM 1515 between Denton Enterprise Airport and Bonnie Brae Street;
of Loop 288 between 1-35W and 1-35 on the west side of the City to improve capacity and mobility
WHEREAS, Real Estate staff has obtained input from each City department responsible
for the management of . ► . properties •, each . e . theTxDOT-requested
KOE will not conflict with existing operations and therefore are not opposed to allowing temporary
managementWHEREAS, Real Estate staff shall obtain input from each City department responsible for
of subject to a requested ROE to confirmROE willnot #
existing operations;
WHEREAS, the City Council of the City of Denton hereby finds that Rights -of -Entry
between the City ! public agencies . • utility companies,but # '! to TxDOT,
serve a municipal and public use and is in the public interest; NOW, THEREFORE,
SECTIONI. The findings set forth in the preamble of this Ordinance are incorporat J
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or designee, . f authorized
companies,Rpprove requests for Rights -of -Entry onto City -owned property by public agencies, utility
. respectiverepresentatives,# allow forenvironmental - f'
SECTION 3 All Rights -of -Entry administratively approved hereunder shall contain a
.....,
liability limitation in favor of the City for any injury, damage, or loss caused by the activities of
the requesting entity.
SEC1.ION4. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause, or part of this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
The inofior7 to approve �rovc this ordinance was made
ordinan e was )�e� -- and seconded
11 Y,
by .......��..�... �"..�"��:'.. .......................................... 1� d and approved by the
1,611owi1q, v ole -
Aye Nay
Chris Watts, Mayor:
Gerard Hudspeth, District 1: 1/
Keely G. Briggs, District 2:
Don Duff, District 3:'
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Abstain Absent
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of �' ,�1 +` m 2019. '
.
C TII 1 S WATT __..........
S, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
.,
APPROVED AS TO LEGAL FORM:
AARON I ,1 A I :° 1'I"Y ATTO I� E Y
0 �"