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21-155721-1557 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $70,553.00 TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) IN ADDITION TO THE PREVIOUSLY AUTHORIZED AMOUNT OF $29,562.00, FOR THE IMPROVEMENT OF TRAFFIC SIGNALS AND PEDESTRIAN FACILITIES AT THE INTERSECTIONS OF LOOP 288 AT KINGS ROW, LOOP 288 AT US 380, AND LOOP 288 AT E. MCKINNEY STREET. WHEREAS, the Texas Department of Transportation ("TxDOT") owns and maintains on -system roadways, including Loop 288 and US 380; and WHEREAS, TxDOT is funding the construction cost of traffic signal upgrades at the intersections of Loop 288 at Kings Row, Loop 288 at US 380, and Loop 288 at E. McKinney Street as part of the Highway Safety Improvement Program ("HSIP") funding (the "Project"); and WHEREAS, pursuant to the authority granted in Ordinance No. 18-331, the City previously entered into three separate agreements for engineering related professional services, one for each intersection of the Project, City -contract numbers 6590-069, 6590-071, and 6590- 072, respectively, totaling $88,250.00; and WHEREAS, through Ordinance No. 20-2134, Council approved an Advanced Funding Agreement ("AFA") with TxDOT for the Project on December 1, 2020, with the City's estimated contribution amount of $29,562.00, which anticipated a May 2021 letting date; and WHEREAS, pursuant to Section 4.E of the AFA, City of Denton is responsible for any and all cost overruns associated with the Project; and WHEREAS, TxDOT bid the project in May of 2021, which included a modified project scope with minor upgrades to the electronics, pedestrian crossings, and cost adjustments for inflation, resulting in an additional $70,553.00 being owed by the City of Denton to TxDOT; and WHEREAS, the additional cost of this Project will bring the City's total investment to $188,365.00, representing 25% of the total project cost; and WHEREAS, the City Council, having considered the AFA entered into with TxDOT and the importance of the Project to the public interest and safety, desires to approve the additional expenditure for the cost overrun; 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. In compliance with the AFA, the Interim City Manager, or her designee, is authorized to expend additional funds in the amount of seventy thousand, five hundred fifty-three and no/100 dollars {$70,553.00} for the additional work on the Project. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by e�SS e �..r; S _ and seconded by� ; p,,n Y� P_ Glk' , the ordinance was passed and approved by the following vote F - 0 1: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: w% Jesse Davis, District 3: Alison Maguire, District 4: ✓ Deb Armintor, At Large Place 5: .� Paul Meltzer, At Large Place 6: ✓ PASSED AND APPROVED this the day of �cx►yS- , 2021. Gerard Hudspeth, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY By: N