Loading...
OPA24-0001ORDINANCE NO. OPA24-0001 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN OVERSIZE COST PARTICIPATION AGREEMENT WITH ALLIED DEVELOPMENT, LLC, FOR THE DESIGN AND CONSTRUCTION OF A 30” WASTEWATER MAIN, 1.9 MGD LIFT STATION, WASTEWATER FORCE MAIN, GRAVITY WASTEWATER MAIN, AND 12” POTABLE WATER MArN FOR THE WATER urn_mES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOF; AND PROVIDING AN EFFECTIVE DATE (ALLIED DEVELOPMENT, LLC, AN AMOUIVFNOT-TO-EXCEED $7,553,327.43). WHEREAS, Allied Development, LLC, (the “Developer”) is the owner of a 81.553 acre single-family residential development located south of McKinney Street in the City of Denton, Texas and being described on Exhibit A, attached hereto, and made a part hereof for all purposes (the “Property”); and WHEREAS, Developer is in the process of developing and improving the Property and in connection with the same, must design, construct, and install adequate water and wastewater facilities to service the Property (the “Required Facilities”); and WHEREAS, as part of these Required Facilities, Developer is proposing to construct a water and wastewater main within the Property, and Developer is proposing to increase the capacity of the water and wastewater main for the Water Utilities Department; and WHEREAS, the Required Facilities, specifically the water and wastewater main, show additional developable land that will also be served by this water and wastewater main, the City is therefore motivated to provide proportionate and reasonable capacity costs to expand its utility system and ensure adequate utility service to other customers; 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 accepted herein; 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 Water & Wastewater Utilities Oversize Cost Participation Agreement which is attached hereto and incorporated herein as Exhibit B . 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 therefof in the amount and in accordance with the written contract attached hereto and incorporated herein as Exhibit B. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. [Signatures to appear on the following page.] 4 The motion to approve this ordinance was made by Gp&K J b,A cUb be Mc 6rc and seconded by 13 r fA-. B, ,h , the ordinance was passed and approved by the following vote 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: 7 I ,/' -L -L ,/ JX PASSED AND APPROVED this the $ Kdayof M,,, GL . 2024 fJGERARD HUDSPETH. MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\11111/f APPROVED AS TO LEGAL FORM: MACK RErNWAND. CITY ATTORNEY