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.]
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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:
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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