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22-1170ORDINANCE NO. 22-1170 AN ORDINANCE OF THE CITY OF DENTON RATIFYING AND AUTHORIZING THE CITY MANAGER, TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT- ROADWAY IMPROVEMENTS (OFF STATE SYSTEM) PROVIDING FOR THE EXTENSION OF MAYHILL ROAD AS A FOUR­LANE DNIDED URBAN ARTERIAL ROADWAY FROM IH 35 EAST TO US 3�,!N THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THE��AND PROVIDING AN EFFECTIVE DATE. � WHEREAS, on February 18, 2010, the City of Denton ("City") an s Department of Transportation ("TxDOT") entered into an original Advance Fundin nt regarding the expansion of Mayhill Road from a two-lane rural road to a four-lane d" an arterial roadway from Interstate Highway 35E to US 380 (CSJ: 0918-46-246); and WHEREAS, the original project was split into two (2 """""''""'°'· Phase 1 (complete) extends from US 380 to north of Quail Creek Road. Phase 2 exten ... """',1.,:,u.,.wColorado Boulevard to existing Phase 1 just north of Quail Creek Road (CSJ: 0918-46-3�ere referred to as the "Project"); and <e WHEREAS, the Project includes a four-1 � "Yid, road section with a four-lane bridge over the Dallas Area Rapid Transit right of · aths, trails and a regional flood control structures; herein referred to as the "Project."� WHEREAS, the required public · �ents associated with the Project include extendingMayhill Roadway as a four-lane div"d ·ntary arterial roadway with a four-lane bridge crossing over the existing Dallas Area Rapi · ("DART") right-of-way, sidepaths, trails, and a regional flood control structures; and WHEREAS, StattWtiJ.Mi �11 provide Four Million and no Dollars ($4,000,000.00) of Project funding, acco ighty percent (80%) of additional Project construction costs; and ·ty will provide Twenty percent (20%) of Project funding as local matchillion and no Dollars ($1,000,000.00) of additional Project costs in the sum o Dollars ($5,000,000.00), and AS, due to the nature of the TXDOT' s funding availability and the need for City ior to June 1, 2022, this ratification is necessary in order for the City to receive TXDOT the Project; and WHEREAS, the City Council having considered the importance of the Project to the citizens of Denton and finding that it is in the public's health and safety interest, is of the opinion that it should ratify and approve the Advanced Funding Agreement attached hereto by and between the City and TxDOT; NOW, THEREFORE, elvpe lu. r\IDO\) 1 uc-\)L/VLfLl\JIg -I– I–U-/ D'+r-,JCJVvr-iJ IV THE COUNCEL OF THE CRY OF DENTON HEREBY ORDADqS : 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 City Manager, or their designee, is hereby authorized to execute on behalf of the City the Advanced Funding Agreement (“AFA) with the Texas Department ofTransportation, a copy of which is attached hereto as Exhibit " A" and made a part hqpof for all purposes. SECTION 3. The city Manage, ,f th, City of Denton, o, their de&4 h„eby authorized to execute on behalf of the City the Advanced Funding Agreemer4{}FM)"with Texas Department of Transpodation, a copy of which is attached hereto as Ex®gtMd made a part hereof for all purposes. g:\\Xb \ SECTION 4. The City Manager, or their designee, is h@@,#lthorized to carry out all duties and agreements to be performed by the City under ths %,’*hcluding, but not limited to, the expenditure of funds.W\ =hH:R:Id.:. H=,e=;diRlre ofRu'lds Tbqq}?W with the CiV Ma"'lager’s e}q?“ldime That this ordinance shall becom< WIM immediately upon its passage and approval. S SECTION 5. Any previous expe„dit.„, „&a$V AFA „, h„,by ,,.n,m,d, „tin,d, TqJS \ The motion to approve seconded bythe foIIo ' The ordinance was passed and approved by &\ Mr##ce was made by and Aye Nay Abstain Absent &g11 h e ) ]=1} i s1[][i c t 4 : Brandon Chase McGee, At Large Place 5 : \ Chris Watts, At Large Place 6: PASSED AND APPROVED this the day of 2022 2 Fro- I D+r ODour 3 10UQUUDlyll cllveIL}pe lu. AyDOO ruE-or GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CRY SECRETARY By: APPROVED AS TO LEGAL FORM: MACK RED(WAND, CITY ATTORNEY bI