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24-342 INCOMPLETEORDINANCE 24-342 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS, A HIGHER EDUCATION AGENCY OF THE STATE OF TEXAS (UNT), REGARDING THE INSTALLATION OF AN EMPTY DUCT BANK WITHIN THE BONNIE BRAE PHASE 3 WIDENING AND RECONSTRUCTION PROJECT. WHEREAS, The City of Denton (“CITY”) and University of North Texas (“UNT“) mutually desire to enter into an interlocal agreement as provided for in Chapter 791.032 of the Texas Government Code; and WHEREAS, CITY is constructing the Bonnie Brae Phase 3 Widening and Reconstruction project, widening and reconstructing Bonnie Brae Street from FM 1515/IH35-E to Roselawn Drive from a 2-lane rural roadway to a 4-lane divided urban section (hereinafter the “Project”); and WHEREAS, UNT, seeking to be best prepared for future development on their property on the west side of Bonnie Brae (hereinafter “Mean Green Village”), desires to include in the Project at their sole expense, an empty duct bank (hereinafter “Alternate 1 – Alignment 5), providing the appropriate infrastructure and route for both electrical and telecommunications from the existing facilities on the east side ofBonne Brae Street to the west side of Bonnie Brae Street in anticipation of future growth at Mean Green Village; and WHEREAS, CITY desires to include Alternate 1-Alignment 5 in the Project to prevent the need for future disturbance to the newly constructed Bonnie Brae Street, road base/sub-grade and drainage facilities by UNT and/or its subcontractors for the purpose of installing the electrical and telecommunications duct bank.; and WHEREAS, CITY and UNT desire to pool their resources, avoid unnecessary or duplicative expenses, and take advantage of maximizing economies of scale, resulting in cost savings.; and 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 it should approve the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager, or their designee is hereby authorized to execute on behalf of the City the Interlocal Cooperation Agreement for the installation of Alternate 1 Alignment 5 within the Bonnie Brae Phase 3 Widening and Reconstruction Project SECTION 3. The City Manager, or their 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 4. The City Manager, or designee, is the City’s designated, authorized official, with the power to authorize, accept, reject, alter or terminate the Agreement(s) on behalf of the City and act on behalf of the City of Denton in all matters related to the Agreement(s) and any subsequent agreements that may result. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. The seconded by the following vote K - L] : q: e Tr dda : ?0 Aye –gZ– V/ 1 b/ V/ U/ 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: PASSED AND APPROVED this the ]Tday of 2024 drr„#Z=,R ATTEST: JESUS SAL CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: Bgna•narrrr„n,n=nUHft &VBA da =====:::=:===: ORDINANCE: UNT – iNTERLOCAL COOPERATiON AGREEMENT REGARDING THE INSTALLATION OF AN EMPTY DUCT BANK (ALTERNATE I – ALIGNMENT 5) WITHIN THE BONNIE BRAE PHASE 3 WIDENiNG & RECONSTRUCTION PROJECT Page 2 of 2