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21-2747ORDINANCE NO. 21-2747 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO ENTER INTO REIMBURSEMENT AGREEMENTS, JOINT USE AGREEMENTS, AND CROSSING PERMITS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR DENTON MUNICIPAL ELECTRIC WORK ON TXDOT RELOCATION AND ROAD WIDENING PROJECTS REFERENCED AS ROW CSJ 0196-01-114, ROW CSJ 0195-03-091, AND ROW CCSJ 0195-03-074; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City") owns and operates an electric utility which provides electric energy and related services to all customers within Denton Municipal Electric's (DME) Public Utilities Commission of Texas (PUCT) certificated jurisdiction; and WHEREAS, the City and TxDOT are working cooperatively to determine scope, cost, and appropriate reimbursement to the City associated with the City's provision of electric energy and related services currently located in TxDOT rights-of-way or private easements to be relocated based upon highway design and rights-of-way drawings provided by TxDOT; and WHEREAS, the City has determined that it is the public interest to authorize the City Manager to enter into reimbursement agreements, joint use agreements, and crossing permits for three (3) active and currently identified TxDOT relocation and road widening projects within the City referenced as ROW CSJ 0196-01-114, ROW CSJ 0195-03-091, and ROW CCSJ 0195-03- 074 after approval by the City Attorney; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON 14EREBY ORDAINS: SECTION 1. The recitations contained in the preamble of this ordinance are incorporated herein by reference as findings of the City Council. SECTION 2. The City Council approves and authorizes the City Manager, or designee, and City Secretary, or designee, to execute, attest, and deliver reimbursement agreements, joint use agreements, and crossing permits ("Agreements") as needed for ROW CSJ 0196-01-114, ROW CSJ 0195-03-091, and ROW CCSJ 0195-03-074, only after the same have been approved by the City Attorney, without further authority, guidance, or direction from the City Council, and is further authorized to carry out the rights, duties, obligations, and responsibilities of the City under such Agreements. SECTION 3. The City Council approves and authorizes the City Manager, or designee, to take such additional actions as the City Manager, or designee, determines to be necessary and advisable to continue to effectuate the purpose, terms, and conditions of the Agreements, including the expenditure of funds. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by �e-SSeU ; S and seconded byjC ; c_�\Lk— , the ordinance was passed and approved by the following vote[ -Z - 1: Aye Nay Gerard Hudspeth, Mayor: / Vicki Byrd, District 1: ;/ Brian Beck, District 2: 1/ 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 1 1fi~ ATTEST: ROSA RIOS, CITY SECRETARY BY: �.L�� ��� APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Ao��DD�ghallysigned by Catherine..p,,n N do=com. dc=citydd,—, dc=codad, wDepartment Users and Groups,Q,Mfln=Catherine Clihon, a'F--Catherine.C6hon@cltyotdenton.com BY: Date: 2021.12.0916.09:11 -0CW Abstain Absent day of 2021. GERARD HUDSPETH, MAYOR