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21-1555ORDINANCE NO. 21-1555 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE TRANSFER OF FUNDS FROM THE DOWNTOWN TAX INCREMENT REINVESTMENT ZONE (TIRZ) SIDEWALK AND LIGHTING PROJECT TO THE DOWNTOWN STORM DRAIN PHASE I PROJECT IN THE AMOUNT OF $102,451.25 TO FACILITATE THE CONSTRUCTION OF THE MCKINNEY STREET SEGMENT (BELL PLACE TO FRAME STREET) OF THE 2018 SIDEWALK IMPROVEMENTS PROJECT. WHEREAS, the Downtown. Tax Increment Reinvestment Zone ("TIRZ") Sidewalk and Lighting Project is currently scheduled to complete in the fourth quarter of calendar year 2021 and has a projected surplus of $400,000.00 upon completion; and WHEREAS, the Downtown Storm Drain Phase I Project is currently in construction and shares the construction zone with a planned sidewalk segment on McKinney Street, namely Bell Place to Frame Street (the "McKinney Street Segment"), which was originally planned as part of the 2018 Sidewalk Improvements Project; and WHEREAS, the funding originally identified for the McKinney Street Segment was reallocated to other projects; and WHEREAS, the McKinney Street Segment of the 2018 Sidewalk Improvements Project falls within the boundaries and scope established with the Downtown TIRZ Sidewalk and Lighting Project established in Ordinances 2011-128 and 2011-129 and, therefore, qualifies for TIRZ funding; and WHEREAS, cost and schedule savings will be realized by constructing the McKinney Street Segment of the 2018 Sidewalk Improvements Project as an amendment to the existing construction contract for the Downtown Storm Drain Phase 1 Project; and WHEREAS, if the proposed transfer is approved to fund sidewalk construction on McKinney Street, the remaining balance from the Downtown TIRZ Sidewalk and Lighting Project will be returned to the Downtown Tax Increment Financing Fund; and WHERAS, the TIRZ No. 1 Board reviewed and recommended approval of the proposed $102,451.25 transfer during their July 28, 2021 meeting; and WHEREAS, the City Council finds it is in the interest of public health and safety to authorize the above -referenced additional expenditure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The Interim City Manager, or her designee, is authorized to transfer $102,451.25 in funding from the Downtown TIRZ Sidewalk and Lighting Project to the Downtown Storm Drain Phase I Project for the construction of sidewalk for the McKinney Street Segment from Bell Place to Frame Street. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by `�`�T and seconded by & ;art 5� p -C, (— , the ordinance was passed and approved by the following vote r-7 - joj : Aye Nay Abstain Absent Gerard Hudspeth, Mayor: ,/ Vicki Byrd, District 1: ./ Brian Beck, District 2: ✓ Jesse Davis, District 3: V' - Alison Maguire, District 4: Deb Annintor, At Large Place 5: ✓ Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the loth day of 1A QQ USS , 2021. Ly GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY 2