22-2391-IncompleteORDrNANCE NO. 22-2391
AN ORD[NANCE APPROVING THE STANDARD UTILITY AGREEMENTS(“AGREEMENTS”) BY AND BETWEEN THE CITY OF DENTON AND THE TEXASDEPARTMENT OF TRANSPORTATION (“TXDOT”), FOR THE REIMBURSEMENT OFDESIGN, PROPERTY ACQUISITION AND RELATED SERVICES, CONSTRUCTION,[NSPECTION AND PROJECT MANAGEMENT COSTS ASSOCIATED WITH THEADJUSTMENT, REMOVAL, AND/OR RELOCATION OF BOTH WATER ANDWASTEWATER UTILITIES ALONG 1-35E FROM MAYHILL TO LOOP 288 MORESPECIFICALLY CALLED THE 1-35E/MAYHILL UTILITY RELOCATIONS PROJECT,WITHIN THE COUNTY AND CITY OF DENTON, TEXAS; AUTHORIZING THE CITY
MANAGER, OR THEIR DESIGNEE, TO EXECUTE AND DELIVER THE AGREEMENTS; 1)STANDARD UTILITY AGREEMENT-UTILITY ID NO. UOOO08008 FOR WATER UTILITY
RELOCATION EFFORTS IN THE AMOUNT OF $15,407,417.25 AND 2) STANDARDUTILITY AGREEMENT-UTILITY ID NO. UOOO11546 FOR WASTEWATER UTILITYRELOCATION EFFORTS IN THE AMOUNT OF $1,624,824.00; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, TxDOT has expanded their right-of-way through the 1-35E corridor within the
Denton City Limits in anticipation of the State’s 1-35E Widening project with a current project
letting schedule of September 2023; and
WHEREAS, The City of Denton is responsible for relocating the city’s utilities currently
located within the recently acquired TxDOT right-of-way; and
WHEREAS, in an effort to meet TxDOT’s anticipated roadway construction schedule, the
City’s 1-35E/Mayhill Utility Relocation Project will relocate both water and wastewater utilities out
of TxDOT’s recently expanded right-of-way between Mayhill and Loop 288; and
WHEREAS, The Water and Wastewater Standard Utility Agreements-Utility ID No.’s U00008008
and U000 11546 will reimburse the City for all costs associated with the City’s 1-35E/Mayhill
Utility Relocation Project between Mayhill and Loop 288 with the exception of the City’s elective
betterment where the City has upsized from the equivalent 20-Inch High Density Polyethylene
(“HDPE”) water pipe to a 24-Inch HDPE water pipe in anticipation of the City’s continued
growth. The cost of this elective betterment including design and construction that will not be
reimbursed by TxDOT is $782,065.00; and
WHEREAS, TxDOT will pay the 90% of eligible costs and hold a 10% retainer of the cost until a
final audit is done of the billing/invoicing package(s) submitted by the City of Denton after which
TXDOT will release the funds owed and that will be the final payment of the reimbursement
amount; 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 itshould approve the Agreements; 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 their designee, is hereby authorized to execute on
behalf of the City the Water and Wastewater Standard Utility Agreements No’s. U00008008 and
U0001 1546, a copy of which is attached hereto as Exhibits " A" and '' B “ and made a part hereof
for all purposes.
SECTION 3. The City Manager, or their designee, is further authorized to carry out all
obligations and duties of the City as set forth in the Agreements, including but not limited to the
expenditure of funds .
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance was made by e)richn b,a and
seconded by :kSse [}A,O’ IS . The orc) d by
the following vote U - U
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:£
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the \SO day of X£ouerr>b, r , 2022.
ROSA RIOS, CITY SECRETARY
.y: aATTEST L\\\\\1l111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By :&Th& #1_ph // i==;:H.=„t. a . _.__,_.O__. ._U. , , ,_.,.
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