OPA23-0002 INCOMPLETEORDINANCE NO. OPA23-0002
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION. AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANOVERSIZE COST PARTICIPATION AGREEMENT WITH BOX 380 INDUSTRIAL, LLC,FOR THE CONSTRUCTION OF A 12” WATER LINE FOR THE WATER UTILITIESDEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BOX 380 INDUSTRIAL, LLC, IN THE NOT-TO-
EXCEED AMOUNT OF $64,798.41).
WHEREAS, Box 380 Industrial, LLC, (hereafter, “Developer”) is proposing to construct a
water line within the 17.525 acre development within the city limits of Denton located at the
northwest corner of the intersection of Masch Branch Road and West University Drive, as part of
this development, the Developer is proposing to increase the capacity of the water line for the Water
Utilities Department; and
WHEREAS, the water line served by the facility shows additional developable land that
will be served by this water line, and therefore the City is motivated to provide proportionate and
reasonable capacity costs to expand its utility system and ensure adequate utility service to othercustomers; and
WHEREAS, Subchapter C, Section 212 of the Texas Local Government Code authorizes
the City to cost participate with a Developer of a subdivision or land to construct public
improvements related to the development; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and acceptedherein; 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 designated representative, is hereby authorized to
execute the written contract which is attached hereto and incorporated herein as Exhibit A.
SECTION 3. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the written contract attached hereto and incorporated herein asExhibit A.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
;„.„„Hy"$==;=''&=£XX4"::"” .'n Ji:„a£:=RsSF£hb„roved b,T:
following vote [1 - L] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
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 \gR dayof JaHthis the 2023
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY L\\111111111DEF•••••e
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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