24-604>
ORDINANCE NO. 24-604
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A TEMPORARY UTILITY SERVICE CONTRACT BY AND BETWEEN THE
CITY OF DENTON AND THE KANSAS CITY SOUTHERN RAILROAD COMPANY D/B/A
CPKC (“KCSRR”) RELATING TO THE CONSTRUCTION OF HICKORY CREEK ROAD
WITHIN THE RALROAD RIGHT-OF-WAY LOCATED AT KCSRR MILEPOST MM99.54,
WITHIN THE COUNTY AND CITY OF DENTON, TEXAS; PROVIDING FOR THE
EXPENDITURE OF FUNDS NOT TO EXCEED THE AMOUNT OF $22,470.86 FOR THE
TEMPORARY UTLITY SEVICE LINE INSTALLATION (THE CITY WILL RECEIVE A
FINAL INVOICE UPON COMPLETION OF THE WORK); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the CITY has laid out and proposes to construct a section of that certain public
roadway which has been designated as Hickory Creek Road, which as proposed, will pass over the
track and across the right of way of the RAILROAD at a point designated as Railroad Mile Post
MM99.54 on the RAILROAD's Alliance Subdivision, which point is the intersection of the
proposed centerline of Hickory Creek Road with the centerline of the RAILROAD’s track, near
Denton, Texas, herein referenced to as “PROJECT”; and
WHEREAS, the CITY is currently reconstructing Hickory Creek Road outside the
RAILROAD’s right of way which requires existing utilities to be removed which will impact the
RAILROAD’s existing grade crossing warning devices, herein referenced to as ’'SIGNALS"; and
WHEREAS, the parties hereto deem it necessary to keep the SIGNALS operational during
the PROJECT; and
WHEREAS, the parties hereto deem it necessary for the Railroad to temporarily relocate
utility services for a portion of the PROJECT that affects the Railroad; 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 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 designee, is hereby authorized to execute on behalf
of the City the Temporary Utility Service Contract with KCSRR, a copy of which is attached
hereto as Exhibit " A" and made a part hereof for all purposes.
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
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SECTION 4. That this ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by &ibn
seconded by BfA... J , a. CLA. LC nc 6 &c . The
by the following vote U - a :
BebE and
was passed and approved
Aye
/
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:
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PASSED AND APPROVED thi, th, a d,y ,f &. 2024
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: *-’“;"'”*’ %W;E‘
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TEMPORARY UTILITY SERVICE CONTRACT
HICKORY CREEK ROAD REALIGNMENT, RAILROAD GRADE SEPARATION
PROJECT NUMBER ___________________
DENTON COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
This CONTRACT is made and entered into by and between the CITY OF
DENTON, a political subdivision of State of Texas (the “CITY”), acting by and through the
City Council, and The Kansas City Southern Railway Company d/b/a CPKC, (the
“RAILROAD”), duly registered to do business in the State of Missouri, whose address for
mailing is 427 West 12th Street, Kansas City, MO 64105, sometimes both referred to
herein as “Parties”, effective as of the date of latest execution below.
WITNESSETH:
WHEREAS, the CITY has laid out and proposes to construct a section of that
certain public roadway which has been designated as Hickory Creek Road, which as
proposed, will pass over the track and across the right of way of the RAILROAD at a point
designated as Railroad Mile Post MM99.54 on the RAILROAD's Alliance Subdivision,
which point is the intersection of the proposed centerline of Hickory Creek Road with the
centerline of the RAILROAD’s track, near Denton, Texas, herein referenced to as
“PROJECT”; and,
WHEREAS, the CITY is currently reconstructing Hickory Creek Road outside the
RAILROAD's right of way which requires existing utilities to be removed which will impact
the RAILROAD's existing grade crossing warning devices, herein referenced to as
"SIGNALS";
WHEREAS, the parties hereto deem it necessary to keep the SIGNALS
operational during the PROJECT;
WHEREAS, the parties hereto deem it necessary for the Railroad to temporarily
relocate utility services for a portion of the PROJECT that affects the Railroad.
NOW, THEREFORE, in consideration of the premises and of the covenants and
agreements of the parties hereto contained, to be kept and performed by the parties
hereto, it is hereby agreed as follows:
A. The CITY has requested that the RAILROAD proceed with certain necessary temporary
utility relocation services for the PROJECT to facilitate the parties’ considerations of the
PROJECT and shall be undertaken by the parties hereto upon and in accordance with the
following terms, conditions and provisions.
1. The work to be done by the RAILROAD under this Contract shall consist of:
DocuSign Envelope ID: 0B934053-F125-40C3-BC09-36140A659EC7
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i. Review and approval of preliminary and final engineering and design plans,
specifications, drawings, contracts and other documents pertaining to the
temporary utility relocation,
ii. Preparation of cost estimates for the RAILROAD’s work in connection with the
temporary utility relocation,
2. Nothing contained in this Contract shall be deemed to constitute the RAILROAD’s
approval of or consent to the construction of the PROJECT, which approval or consent
may be withheld for any reason directly or indirectly related to safety of the RAILROAD’s
operations, property, or facilities. The PROJECT, if constructed, is to be constructed,
under a separate Crossing Contract to be executed by the Parties at a future date.
4. The estimated cost of work to be performed by the RAILROAD for engineering services
for the account of the CITY is $22,470.86, as shown on the attached estimate attached
hereto as Exhibit A and made a part hereof. It is clearly understood by the parties hereto
that this is an estimate only; the CITY agrees to pay for all reimbursable charges
necessitated by its work in the vicinity of the track and the RAILROAD agrees to furnish
the services required. Approval of charges will require supporting documents verifying
hours charged from the RAILROAD. The supporting documents must be in the form of
approved time sheets or time reports. Documentation for expense charges will include
signed copies of the expense accounts showing the days worked, charges for meals,
accommodations and miles traveled.
5. For all items of work and expense authorized by this Contract, the RAILROAD shall
invoice the CITY in care of:
Trevor Crain Project Manager
Capital Projects Dept.
City of Denton
901-A Texas St.
Denton, TX 76209
Via email: Trevor.Crain@CityofDenton.com
B. It is understood that the PROJECT herein contemplated is to be financed from funds
appropriated by the CITY; that all plans, estimates of cost, specifications, awards of
contracts, acceptance of work and procedure in general are subject at all times to all laws,
rules, regulations, orders and approvals applying to it; and that the CITY shall reimburse
the RAILROAD for only such items of work and expense as are properly authorized, and in
such amounts and forms as are proper and eligible for payment.
C. This Contract may be revoked by either party upon written notice to the other until such
time as the PROJECT is advertised for bids by the CITY.
D. The parties hereto represent each to the other that they have the legal authority to
enter into this Contract as evidenced by the appropriate CITY order, ordinance, corporate
resolution and/or power of attorney, as identified below, certified copies of which will be
provided upon request.
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Witness this my signature in execution hereof, this the ________ day of _____________,
2024.
CITY OF DENTON, TEXAS
_________________________________________
Sara Hensley, City Manager
Witness this my signature in execution hereof, this the ________ day of ______________,
2024
THE KANSAS CITY SOUTHERN RAILWAY COMPANY d/b/a CPKC
BY:_______________________________________
Bentley Tomlin, Public, Utility, and Industrial Project Manager
DATE:____________________________________
DocuSign Envelope ID: 0B934053-F125-40C3-BC09-36140A659EC7
4/5/2024
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RAILROAD FORCE ACCOUNT
PROJECT NUMBER ___________________
DENTON COUNTY, TEXAS
EXHIBIT A
Railroad Cost:
Amount
Project
Administration $2,000
Oncor Relocation
Amount
Relocation of meter service for
Hickory Creek Road $20,470.86
RAILROAD FORCE ACCOUNT - TOTAL $22,470.86
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