20-716S:�L,egal\Our pocuments\Ordinances�20\TxDOT AFA 121 Funds Ordinance - TL Rev.docx
o�rNaNCE No. 20-716
AN ORDINANCE OF THE CITY OF DENTUN, A TEXAS HOME—RULE MUNIICPAL
CORPORATION, AUTHORIZiNG THE CITY MANAGER TO EXECUTE AN ADVANCED
FUNDING AGREEMENT 1N THE AMOUNT OF $3,000,000.00 BY AND BETWEEN THE
STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION, (TxDOT) AND THE CITY OF DENTON, REGARDING THE SECOND
PAYMENT FOR WATER AND WASTEWATER IMPROVEMENTS ASSOCIATED WITH
THE US 377 (FT. WORTH DRIVE) ROADWAY WIDENING PROJECT, LOCATED
BETWEEN IH35E TO SOUTH OF FM 1830 WITHIN THE CITY OF DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation ("TxDOT") is currently constructing
improvements to US 377 from Interstate Highway 35E to south of FM 1830 within the City of
Denton, widening US 377 from a 2-lane rural roadway to a 6-lane divided urban roadway (the
"Project"); and
WHEREAS, T�OT and the City of Denton ("City") previously entered into an Advanced
Funding Agreement related to the voluntary utility relocation of existing water mains, wastewater
mains, and associated appurtenances along the Project; and
WHEREAS, the City and TxDOT desire to enter into a second Advanced Funding
Agreement for a Project Using Funds Held in the State Highway 121 Subaccount ("AFA") related
to the utility relocations to provide for $3,000,000 funding to come from the State Highway 121
Subaccount and go towards the City's fmancial obligations related to the utility relocations; and
WHEREAS, the City would receive the $3,000,000.00 from the subaccount and in turn pay
it back to TxDOT, for a total of $46,864,979.98 related to the Project; and
WHEREAS, the City Council finds that the AFA is in the public's interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The finding and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Advanced Funding Agreement for a Project Using Funds Held in the State Highway 121
Subaccount, as attached hereto at Exhibit "A," on behalf of the City with TxDOT, and is further
authorized to carry out the rights and duties of the City under the Advanced Funding Agreement,
including expenditures of funds provided therein.
S:U,egal\Our pocuments\Ordinances120\T�OT AFA 121 Funds Ordinance - TL Rev.docx
SECTION 3. The motion to approve this Ordinance was made by �/O�i✓�rfi/{� and
seconded by ��'��� V/ S ; the Ordinance was passed and approved by the following
vote ['� - A ]:
�hris V�atts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay Abstain Absent
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PASSED AND APPROVED this the _%�h day of 2020.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
�= i% `r ��"' ,
CHRI WATTS, MAYOR