21-101521-1015ORDINANCE NO.
AN ORDINANCE APPROVING A PIPELINE CROSSING CONTRACT BY AND
BETWEEN THE CITY OF DENTON AND THE UNION PACIFIC RAILROAD COMPANY
RELATING TO THE LOCATION OF A CITY WASTEWATER PIPELINE WITHIN THE
RAILROAD RIGHT-OF-WAY LOCATED AT MILE POST 724.38 CHOCTAW
SUBDIVISION, WITHIN THE COUNTY AND CITY OF DENTON. TEXAS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the Sagebrook Phase 1 Addition Final Plat (the “Development”) was
approved by the Planning and Zoning Commission on April 21, 2021 and the Development’s
construction plans were approved by Staff on April 20, 2021; and
WHEREAS, the required public improvements associated with the Development include
extending a 15-inch public wastewater main across Union Pacific Railroad Company (“UPRR”)
right-of-way; and
WHEREAS, UPRR requires a crossing contract for infrastructure placed within its right-
of-way and has presented the form contract required by UPRR, a copy of which is attached
hereto and made a part hereof as Exhibit A (the “Crossing Contract”); and
WHEREAS, the City of Denton (“City”) will own the wastewater infrastructure; and
WHEREAS, the City Council finds that entering into the Crossing Contract with UPRR
serves a public interest and should be approved; 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 her designee, is authorized to execute the Crossing
Contract between the City of Denton and Union Pacific Railroad Company in substantially the
form attached hereto as Exhibit A, for the purpose of locating a City wastewater pipeline within
UPRR’s right-of-way.
SECTION 3. The City Manager is further authorized to carry out all obligations and
duties of the City as set forth in the Crossing Contract, including but not limited to the
expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
S e C O n d e:IF=y 1r1qTI ?:) IE:p p<==! i :F#F)IC) r d i]nance was Ti k ):hI Jrp : : ==\ P prove ; E
the following vote b - a :
Alg NIa ( Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED thi, th, a:pd,y ,fJ-a 202 1 .
GERARD }N
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ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON. INTERIM CITY ATTORNEY