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HomeMy WebLinkAbout1998-101ORDINANCE NO � 9 / AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE 97-237 FOR WATER SERVICE FOR "WFH METERED WATER FROM FIRE HYDRANT" TO INCREASE THE DEPOSIT TO $800 00, PROVIDING AUTHORIZATION FOR WATER UTILITIES TO REQUIRE A CONTRACT FOR THE USE OF FIRE HYDRANT METERS REQUIRING A SECURITY DEPOSIT, MINIMUM CHARGE FOR FAILURE TO PROVIDE METER FOR MONTHLY READING, AND ENFORCEMENT IF FIRE HYDRANT METER AND BACKFLOW PREVENTION ASSEMBLY IS NOT RET D, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTI DATE WHEREAS, the City of Denton, Water Utilities provides fire hydrant meters for use by contractor and Water Utilities is now required to also provide a backflow prevention assembly with the fire hydrant meter, and WHEREAS, a deposit to secure the return of the fire hydrant meter is in effect but does not take into account the value of the backflow prevention assembly, and EREAS, contractors are failing to bring in the fire hydrant meter for reading every month as required and also are failing to return the fire hydrant meter and backflow prevention assembly is required after use, and REAS, the City Council finds that the deposit to secure the fire hydrant meter and backflow revention assembly should be increased and that a contract should be provided to help secure th proper reading of water used through fire hydrants by providing a mimmum monthly charge fo water use and help secure the, return of the fire hydrant meter and backflow prevention assembly] NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SACIION I. That Ordinance 97-237 Schedule "WFH Metered Water From Fire Hydrant" concerning deposits is hereby amended to read as follows DEPOSIT $800 00 per meter and backflow prevention assembly shall place a deposit each time a City's hydrant meter and backfiow prevention ibly are requested Deposit will be returned when meter and backflow prevention My are returned and final bill is paid That a copy of this ordinance shall be attached to Ordinance No 97-237 SECTION 111, That save and except as amended hereby, all the sections, sentences, and clauses of Ordinance No 97-237 shall remain in full force and effect SF.CT�_i_ON_IV. That Water Utilities is authorized to require a written contract in a form similar to Exhibit "A" which is hereby incorporated by reference, to help secure the proper reading of the fire hydrant meter every month by authorizing a minimum charge of use at 100,000 gallons and to help secure the return of the fire hydrant meter and backflow prevention assembly SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 7A- ay of Y/ G , 1998 JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP PR VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY \\CH LGL\VOLI\shared\dept\LGL\Our Document9\0rdmances\98\Fire Hydrant Meter doc FIRE HYDRANT METER USE AGREEMENT This Agreement is made between (hereinafter called the "CONTRACTOR") and the City of Denton a municipal corporation (hereinafter called the "City") In consideration of the mutual covenants contained in this Agreement and other valuable consideration the receipt of which is acknowledged, the parties agree as follows 1 On the terms and conditions set out in this Agreement or as otherwise provided here, the City agrees to let the CONTRACTOR use the following fire hydrant meter number and the backflow prevention assembly 2 The CONTRACTOR shall use the Equipment only in the manner for which it was designed and intended and so as to subject it only to ordinary wear and tear The CONTRACTOR shall not permit any Equipment to be used in violation of any federal, state, or municipal laws, ordinances, rules or regulations, or contrary to the provisions of this Agreement The CONTRACTOR shall indemnify and hold the City harmless from any and all fines, forfeitures, damages or penalties resulting from violations by the CONTRACTOR 3 The term of this Agreement shall commence on , 19_, and ending when the equipment is returned in good condition excepting normal wear and tear 4 The CONTRACTOR agrees to pay to the City on the first of each month starting on _ of , 19_ a fee of $32 50 a month for the possession and use of the fire hydrant meter and the backflow prevention assembly during the continuance of this Agreement 5 No Encumbrances (a) Nothing shall affect the City absolute ownership of and title to the fire hydrant meter and backflow prevention assembly The ownership and title are reserved and retained by the City (b) The CONTRACTOR agrees that it will not, in any manner, suffer or permit any of the Equipment to be pledged, seized, or held for any tax, debt, lien, or obligation ansmg because of the CONTRACTOR (c) The CONTRACTOR will pay and discharge when due all taxes, fees, assessments and other governmental charges or levies imposed during the term of this Agreement with respect to any of the Equipment, provided that the tax, fee, assessment, charge or levy need not be paid if, and so long as, its validity shall currently be contested by appropriate proceedings In case of the CONTRACTOR'S failure so to do, the City may recover the property and all cost of such recovery shall be immediately be due and payable from the CONTRACTOR Return of Equipment The CONTRACTOR shall at the end of this Agreement or at the earlier expiration or other termination of this Agreement with respect to the fire hydrant meter and backflow prevention assembly, deliver the equipment in good order and repair, reasonable wear and tear excepted, free and clear of all hens, charges and encumbrances of any nature excepting only those granted by or ansmg through the City Indemnification Except as otherwise provided in this Agreement, the CONTRACTOR shall release fully and hold the City, its agents and employees harmless and will indemnify them from all liabilities, including costs and legal fees, if any, including clauns for damages on account of loss or damage to the property of, members of the public, the agents, servants employees, licensees, tenants, lessees and patrons of the City, in any manner attributable to or arising out of the ownership, operation or maintenance of the Equipment, regardless of whether caused in whole or in part by the negligence of the City, provided, however, that this provision shall not apply to liabilities proximately caused by acts of the City, which constitute willful and wanton negligence or criminal acts Loss of Equipment If any of the Equipment is lost, stolen, or willfully or accidentally destroyed, the CONTRACTOR will notify the City immediately in writing and use all reasonable endeavors at the CONTRACTOR'S own expense to recover the Equipment The CONTRACTOR has this day deposited with the City of Denton the sum of Eight Hundred Dollars ($800 00), the receipt whereof is hereby acknowledged by the City, as security for the payment of use of the fire hydrant meter and backflow prevention assembly, and for the faithful performance by it of all the other obligation hereunder, and for the payment of any and all sums of money for which it may be, or become, liable hereunder Said sum of $ Dollars or so much thereof as shall not be applied for the purposes aforesaid, shall be returned to the CONTRACTOR, its successors or assigns, at the expiration of this Agreement, and upon the surrender of the fire hydrant meter and backflow prevention assembly, provided all the terms, conditions, covenants and agreements herein mentioned have been performed by the said CONTRACTOR, its successors and assigns 10 The CONTRACTOR shall on or before the Yd of each month during the term of this Agreement bring the fire hydrant meter in for reading and physical inspection by the City If the CONTRACTOR fails to do so it will agree and accept to pay the billing from the City that is equivalent to the use of 100,000 gallons of water for that month If within the tune to pay the billing the CONTRACTOR bring the fire hydrant meter in for reading the CONTRACTOR will be billed for the actual amount of water used The security deposit may be used against any billing that is due and outstanding at the time of the termination of this Agreement 11 Default (a) If, during the continuance of this Agreement one or more of the following events ("Events of Default") shall occur (i) default shall be made in the payment of any payment to be made by the CONTRACOTR and the default shall continue for 30 days after written notice from the City to the CONTRACTOR of the default and demand that it be remedied, (n) Default shall be made in the observance of performance of any other of the covenants, conditions and agreements on the part of the CONTRACTOR contained here and the default shall continue for 30 days after written notice from the City to the CONTRACTOR, specifying the default and demanding that it be remedied, then in any such case the Authority, at its option, may exercise any or all of the following rights (in) Proceed by appropriate court action, either at law or in equity, to enforce performance by the CONTRACTOR of this Agreement or to recover damages for breach, or (iv) By notice in writing to the CONTRACTOR, terminate this Agreement, at which time all right of the CONTRACTOR to the use of the Equipment shall terminate as though this Agreement had never been made, but the CONTRACTOR shall remain liable as provided below, and the City may then by its agents enter upon the premises of the CONTRACTOR or other premises where any of the Equipment may be located and take possession of all or any of the Equipment and possess the Equipment free from any right of the CONTRACTOR, or its successors or assigns, to use the Equipment for any purpose whatever, but the City shall, nevertheless, have a right to recover from the CONTRACTOR all amounts which under the term of this Equipment Agreement may be then due or which may have accrued to the date of the termination, or (v) Pay any expense or charges which the CONTRACTOR is obligated to pay pursuant to this Agreement which the CONTRACTOR has failed timely to pay These amounts shall then be immediately due and payable by the CONTRACTOR to the City (b) The remedies in this Agreement provided in favor of the City shall not be deemed exclusive, but shall be in addition to all other remedies in its favor existing at law or in equity The CONTRACTOR waives any mandatory requirements of law, now or subsequently in effect, which might limit or modify any of the remedies here, to the extent that the waiver is permitted by law (c) The failure or delay of the City to exercise the rights granted it here upon any occurrence of any of the events set out her shall not constitute a waiver of any right upon the continuation or recurrence of those or similar events (d) The CONTRACTOR shall promptly advise the City of all correspondence, notices, accident reports and other documents, received by the Corporation and asserting any claim or demand involving or relating to title to, or liens upon, the Equipment and will Fire Hydrant Meter Use Agreement — Page 2 notify the City of any claim of mlury or property damage involving the Equipment during the term of this Agreement 11 Warranty Disclaimer THE CITY, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MAKES NO EXPRESSED OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, THE AUTHORITY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE EQUIPMENT, THE WORKMANSHIP IN THE EQUIPMENT, COMPLIANCE OF THE EQUIPMENT WITH THE RQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING TO THE EQUIPMENT PATENT INFRINGEMENT, LATENT DEFECTS, AND TITLE The City and the CONTRACTOR shall cooperate for the purpose of obtaining the full benefit of any manufacturers' warranties with respect to the Equipment 12 Disclaimer of Liability Neither the Mayor nor any individual Council member of the City Council or its employees or agents shall be personally liable to the CONTRACTOR in any way by reason or any clause of this Agreement 13 Governing Law This Agreement shall be construed in according with and be governed by the laws of the State of Texas 14 Notices Any notice required or permitted by this Agreement shall be in writing and may be either delivered in person or delivered by depositing in the United States Mail, postage paid, addressed to the following The City of Denton Contractor 215E McKinney Denton, Texas 76201 Printed Name Title Address 15 Assignment The CONTRACTOR agrees that this Agreement shall not be assigned or transferred without the prior written consent of the City and that any successor to the CONTRACTOR'S rights under this Agreement will be required to accede to all of the terms, conditions and requirements of this Agreement as a condition precedent to succession 16 Agreement shall be of any effect unless the change or modification is embodied in an amendment which is dated and is reduced to a writing executed by both parties and approved by the City No costs or obligations shall be incurred in consequence of any amendment to this Equipment unless and until such a written amendment has been executed 17 Severability The parties agree that if any provision of this Agreement shall be held invalid for any reason, the remaining provisions shall not be affected if the remaining Fire Hydrant Meter Use Agreement — Page 3 provisions may continue to conform with the purposes of this Agreement and the requirement of applicable law 18 Headings The headings of this Agreement are for convenience and reference only and in no way limit or describe the scope or intent of this Agreement SIGNED ON THIS THE day of , 19_ CITY OF DENTON 0 CONTRACTOR By _ Name Title F \shared\dept\LGL\Our Documents\Contracts\98\FIRE HYDRANT USE AGREEMENT doe Fire Hydrant Meter Use Agreement — Page 4