2006-343ORDINANCE NO.20063-!~a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY OF
DENTON, TEXAS TO ADVANCE ADDITIONAL FUNDS TO THE TEXAS DEPARTMENT
OF TRANSPORTATION PURSUANT TO THE TWO ADVANCED FUNDING
AGREEMENTS PREVIOUSLY EXECUTED, APPROVED AND IN PLACE FOR UTILITY
RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS,
SUCH AGREEMENTS BEING EXECUTED AND APPROVED BY THE CITY OF DENTON
AND THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the "Loop 288 Project" designated by the Texas Department of
Transportation ("TXDOT") from U.S. Highway 380 to IF! 35-E is in progress with construction
commencing on the TXDOT highway improvement generally described as LP 288 CSJ: 2250-
01-012,021; provided that the City of Denton, Texas enter into two (2) agreements with TXDOT,
which agreements provide for the water and the sewer improvements needed to complete the
relocation of water and sewer facilities in conjunction with the roadway widening; and the City
of Denton and TXDOT did thereupon agree that it is more economical and/or efficient for the
utilities relocations to be effected by including the contract to relocate said water and sewer
facilities in the TXDOT Highway Construction Contract; and which agreements provided for
adjustments to the amount of the two Advanced Funding Agreements from time to time by the
State of Texas; and
WHEREAS, the first Advance Funding Agreement (the "Water AFA") was approved by
this Council by Ordinance No. 2005-314, enacted on October 4, 2005, and signed by the City
and TXDOT respecting the existing water lines that would, at all times, remain in the ownership
of the City of Denton, provides that certain water facilities shall be relocated and adjusted along
the route of the Loop 288 Project; the estimated original amount of this Advanced Funding
Contract is in the sum of $1,454,000 at that time (and the appended Standard Utility Agreement,
Utility Joint Use Agreement, and/or the Agreement to Contribute Funds, which constitute a part
of the Advance Funding Agreement); provided however, that the overall project bid returned on
December 2, 2005 resulted in a much higher bid than the State expected, that resulted in the State
adjusting the Schedule of Payments in Attachment "A" of the Water AFA upward, as it is
permitted to do under the terms of the Water AFA; therefore, the city has received notice that an
additional $474,220 is now owed to TXDOT on the Water AFA; and
WHEREAS, the second Advance Funding Agreement (the "Sewer AFA") was also
approved by this Council by Ordinance No. 2005-314, enacted on October 4, 2005, and signed
by the City and TXDOT respecting the existing sewer lines that will, at all times, remain in the
ownership of the City of Denton, provides that certain sewer facilities shall be relocated and
adjusted along the route of the Loop 288 Project; the estimated original amount of this second
Advanced Funding Agreement is in the sum of $1,390,000 at that time (and the appended
Standard Utility Agreement, Utility Joint Use Agreement and/or the Agreement to Contribute
Funds, which constitute a part of the second Advance Funding Agreement); provided however,
that the overall project bid returned on December 2, 2005 resulted in a much higher bid than the
State expected, resulting in TXDOT adjusting the Schedule of Payments in Attachment "A" of
the Sewer AFA upward, as it is permitted to do under the terms of the Sewer AFA; therefore the
city has recently received notice that an additional payment of $1,447,980 is owed to TXDOT on
the Sewer AFA; and
WHEREAS, an additional payment of $474,220 on the Water AFA, shall increase the
amount expended by the city on that AFA from $1,454,000 to $1,928,220 to date;
WHEREAS, an additional payment of $1,447,980 on the Sewer AFA, shall increase the
amount expended by the city on that AFA from $1,390,000 to $2,837,980 to date;
WHEREAS, the two said Agreements provide for the Actual Cost Agreement; the
Schedule of Payments for the City of Denton, subject to final audit; and the Work
Responsibilities of the City and of TXDOT regarding the Loop 288 Project; which Agreements
contemplate additional payments or adjustments of payments throughout the construction of the
Loop 288 Project; and
WHEREAS, the City Council having considered the two Advanced Funding Agreements
previously approved by the Council, that are required by TXDOT, and considering the
importance of the Loop 288 Project to the citizens of Denton, Texas, is of the opinion that it
should approve the two above-referenced advances pursuant to the two Advanced Funding
Agreements by and between the City and TXDOT; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The matters recited and contained in the above preamble shall be
considered as a part of this Ordinance for all purposes.
SECTION 2. That the City Manager is authorized to advance an additional $474,220
pursuant to the existing Water AFA (totaling $1,928,220); and is further authorized to advance
an additional $1,447,980 pursuant to the Sewer AFA (totaling $2,837,980); a copy of said Water
AFA being attached as Exhibit a copy of the Sewer AFA being attached as Exhibit "B."
SECTION 3. That the City Manager is hereby further authorized by the City Council to
expend all funds and to make any and all payments as are necessary under the two Advanced
Funding Agreements that are attached hereto as Exhibits "A" and "B" which are incorporated
herein by reference.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval. /
PASSED AND APPROVED this the/ day of ~,c/ , 2006.
Q~~~~
PER R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
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