23-1271 INCOMPLETEORDiNANCE NO. 23-1271
AN ORDINANCE APPROVING A WATER AND WASTEWATER UTILITY RELOCATION
STANDARD UTILITY AGREEMENT (“AGREEMENT”) BY AND BETWEEN THE CITY OF
DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”), FOR THEREIMBURSEMENT OF ELIGIBLE COSTS INCURRED IN THE ADJUSTMENT, REMOVAL,AND RELOCATION OF CITY FACILITIES OF BOTH WATER AND WASTEWATERUTILITIES ALONG 1-35E FROM US 380/UNIVERSITY TO MILAM ROAD UTILITY
RELOCATIONS PROJECT (TXDOT CSJ# 0195-03-087), WITHIN THE COUNTY AND CITYOF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TOEXECUTE AND DELIVER THE AGREEMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS IN AN AMOUNT NOT TO EXCEED $12,698,742.56 FOR WATER ANDWASTEWATER UTILITY RELOCATiON; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the TxDOT has deemed it necessary to make certain highway improvements as
designated by the State and approved by the Federal Highway Administration within the limits ofthe highway as indicated for the 1-35 E From US 380 to Milam Road Utility Relocation Project
(“Utility Relocation Project”);
WHEREAS, TxDOT has expanded their right-of-way through the 1-35E corridor within the
Denton city limits in anticipation of the TxDOT’s 1-35E Widening project with a current project
letting schedule of September 2023; and
WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or
relocation of certain facilities of the City as indicated in the following statement of work:
1)CSJ 087 Water Line: Install approximately 1,941 LF of 20” HDPE, 6,126 LF of 12” PVC,
911 LF of 8” PVC, 40 LF of 6” PVC longitudinal to IH35 from IH35 Sta 2113+99 to IH35
Sta 2243+20. Install approximately 217 LF of 1 8“ steel casing, 1,523 LF of 24” steel casing,
468 LF of 30” steel casing longitudinal to IH35 with two IH35 Crossings at Sta 2144+88 and
Sta 2186+28. Approximately 2,574 LF of 16”, 6,474 LF of 12”, 1,832 LF of 8”, 150 LF of
6”, and 25 LF of 4” water line to be abandoned in conflict with right-of-way expansion and
proposed pavement and storm sewer.
CS J 087 Wastewater Line: Install approximately 2,211 LF of 12" PVC gravity sewer, 1,310
LF of 8" PVC gravity sewer, 144 LF of 12" HDPE force main, 85 LF of 8" HDPE force
main,221 LF of 6" HDPE force main longitudinal to 1-35 from Sta 2114+89 to 2170+29.
Install approximately 1,327 LF of 24" steel casing and 201 LF of 18" steel casing with two
crossings of 1-35 at Sta 2202+58 and 2230+75. Approximately 1,578 LF of 8”, 3,320 LF of
6”,wastewater line to be abandoned in conflict with right-of-way expansion and pavement;
2)
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
Utility Relocation Project will relocate both water and wastewater utilities out of TxDOT’s recently
expanded right-of-way between US-380 and Milam Rd; and
WHEREAS, the TxDOT will participate in the costs of the adjustment, removal, and
relocation of certain facilities to the extent as may be eligible for State and/or Federal participation;and
WHEREAS, TxDOT, upon receipt of evidence it deems sufficient, acknowledges the City’s
interest in certain lands and facilities that entitle it to reimbursement for the adjustment, removal,
and relocation of certain of its facilities located upon the lands as indicated in the statement of work;
WHEREAS, TxDOT will, upon satisfactory completion of the adjustment, removal, and/or
and
relocation and upon receipt of final billing prepared in an approved form and manner and accountingfor any intermediate payments, make payment in the amount of 90 percent (90%) of the eligible
costs as shown in the final billing prior to audit and after such audit shall make an additional final
payment totaling the reimbursement amount found eligible for State reimbursement.
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 designee, is authorized to expend funs in the amount
of expenditure of funds in the amount of Twelve Million, Six Hundred Ninety-Eight Thousand,
Seven Hundred Forty-Two and 56/100 Dollars ($12,698,742.56) for the 1-35 E From US 380 to
Milam Road Utility Relocation Project in the City and County of Denton.
SECTON 3. The City Manager, or designee, is hereby authorized to execute on behalf
of the City the Water and Wastewater Standard Utility Agreements No. U00011547, a copy of
which is attached hereto as Exhibits " A’' and made a part hereof for all purposes.
SECTION 4. The City Manager, or designee, is further authorized to carry out all
obligations and duties of the City as set forth in the Agreement, including but not limited to the
expenditure of funds.
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval.
[Signatures to appear on the following page]
m,Ta,mPe "”: TIf,Ti
vote b
and seconded by
approved by the following
Aye
,/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5:
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the \A day of
ATTEST:JESUS SAL.INTERIM CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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