23-1272 INCOMPLETEORDiNANCE NO. 23-1272
AN ORDINANCE APPROVING A WATER AND WASTEWATER UTILITY RELOCATION
STANDARD UTILITY AGREEMENT (“AGREEMENT”) BY AND BETWEEN THE CITY OFDENTON (“CITY”) AND THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”),FOR THE REIMBURSEMENT OF ELIGIBLE COSTS INCURRED IN THE ADJUSTMENT,REMOVAL. AND RELOCATION OF CITY FACILITIES OF BOTH WATER ANDWASTEWATER UTILITIES ALONG 1-35E FROM US 380/UNIVERSITY TO MILAM ROAD
(“ UTILITY RELOCATIONS PROJECT (TXDOT CSJ# 0195-02-074), WITHIN THE COUNTYAND CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER, OR DESIGNEE,TO EXECUTE AND DELIVER THE AGREEMENT; PROVIDING FOR THE EXPENDITUREOF FUNDS IN AN AMOUNT NOT TO EXCEED $8,071,662.47 FOR WATER ANDWASTEWATER UTILITY RELOCATION EFFORTS; AND PROVIDING AN EFFECTIVEDATE
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 of
the 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 Utility Relocation Project will necessitate the adjustment,
removal, and/or relocation of certain facilities of the City as indicated in the following statement ofwork:
1)CS J 074 Water Line: Install approximately 12,643 LF of 20” HDPE, 279 LF of 12” PVC,
longitudinal to IH35 from IH35 Sta 2230+71 to IH35 Sta 2360+33. Install approximately
1,142 LF of 30" steel casing, longitudinal to IH35 with two Crossings of Barthold Rd
and Hwy 77 at 1-35 ML Sta 2237+09 and Sta 2230+71. Approximately 14,3 13 LF of 16”,919 LF of 12”. 188 LF of 8”. and 50 LF of 6”, water line in easement that is in conflict
with right-of-way expansion and pavement is to be abandoned.
CS J 074 Wastewater: abandon 12,214 LF of 4” wastewater in conflict with pavement &
right- of-way; and
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
City’s 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;and
WHEREAS, TxDOT will, upon satisfactory completion of the adjustment, removal, and/or
relocation and upon receipt of final billing prepared in an approved form and manner and accounting
for 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 Eight Million, Seventy-one Thousand, Six Hundred Sixty-two and 47/100 Dollars ($8,071,662.47) for the 1-35 E From US 380 to Milam Road Utility
Relocation Project in the City and County of Denton.
SECTION 3. The City Manager, or designee, is hereby authorized to execute on behalf
of the City the Water and Wastewater Standard Utility Agreement No. U00017637, 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]
S e C O n d eUy 1r1n1g=S=F P rava S C# 2InI VV a S 1r1:E V]: e :r d in an C : twas passed id
the following vote U - in :
and
approved by
Aye
V/
V
V/
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V/
L/
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:y/
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PASSED AND APPROVED this the #day of V e 2023
M
ATTEST:
JESUS SAL
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ITY SECRETARY
APPROVED AS TO LEGAL FORM
MACK REINWAND, CITY ATTORNEY
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