HomeMy WebLinkAbout1998-389ORDINANCE NO d gyq
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR
DEVELOPMENT, LTD FOR PARTICIPATION IN THE OVERSIZING OF A SEWER MAIN AND
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City wishes to participate in the cost of oversizing a sewer main to be designed,
installed, and constructed by Bel Au Development, Ltd in an amount not to exceed fifteen thousand nine
hundred fifty three dollars and fifty cents ($15, 953 50), in accordance with §34-118(b)(2) of the Code of
Ordinance of the City of Denton and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor, or in his absence, the Mayor Pro Tem, is authorized to execute a
Sewer Main Cost Participation Agreement between the City and Bel Air Development, Ltd for the
oversizmg of a twelve (12) inch sewer line to a fifteen (15) inch sewer line, substantially in the form of
the attached Agreement, which is made a part of this ordinance for all purposes, subject to Bel Air
Develoment, Ltd, entering into a Development Contract with the City, in accordance with Chapter 34 of
the Code of Ordinances of the City of Denton
SBCTION II. That the City Manager is hereby authorized to make the expenditures as set forth in
the attached Agreement
SSEION II, That this ordinance shall become effective immediately upon its passage and
approval 'CTIII
PASSED AND APPROVED this the /7/ day of.. 1998
JAC LLER, MAYOR
ATTEST
JENNIFE, WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM (/
HERBERT L PROUTY, CITY ATTORNEY
BY � 77
F \shared\dept\LGL\Our Documents\Ordmances\Bel Air sewer main doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
DENTON AND BEL AIR DEVELOPMENT,
LTD
WHEREAS, ,Bel Air Development, Ltd hereafter referred to as "Developer,' whose
business address is 12225 Greenville Avenue, Suite 118, Dallas, Texas, wishes to develop and
improve certain real property named Beverly Park Estates, Phase I (as shown in Exhibit I,
attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its
extraterritorial jurisdiction, and is required to provide such property with adequate collection
capacity by designing, constructing and installing a sewer line of a minimum inside diameter of
twelve inches (12"), hereafter referred to as "required facilities", and
WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East
McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its
ordinances, wishes to participate in the cost of the construction and installation of said water
main to provide for an "oversized" water main to expand its utility system and insure adequate
utility service to other customers,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, Owner and City agree as follows
1 Owner shall design, install and construct a fifteen (15) inch sewer main and all
necessary appurtenances thereto, hereafter referred to as "oversized facilities," located as shown
on Exhibit II, attached hereto and incorporated herein by reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Owner has entered into a Development Contract prior to beginning construction of the oversized
facilities This Development Contract is attached hereto as Exhibit III and incorporated herein
by reference This Agreement is subject to and governed by this Development Contract and any
other applicable ordinances of City
3 Prior to beginning construction of the oversized facilities, Owner shall obtain, at
Owner's sole cost and expense, all necessary permits, licenses and easements The easements,
deeds and plats therefor obtained by Owner shall be reviewed and approved as to form and
substance by City prior to the beginning of construction If Owner is unable to acquire needed
easements, Owner shall provide City with any requested documentation of efforts to obtain such
easements, including evidence of negotiations and reasonable offers made to the affected
property owners Any easements for the oversized facilities obtained by the Owner shall be
assigned and dedicated to City, if not taken in City's name, prior to acceptance of the oversized
facilities, and Owner warrants clear title to such easements and will defend City against any
adverse claim made against such title
Sewer Mam Participation Agreement
Bel Air Development, Ltd
4 City's share in the cost of the oversized facilities, based upon the difference in the cost of
installing required facilities, as determined by City, and the cost of the oversized facilities, as
determined by City, shall be in an amount not to exceed Fifteen Thousand Nine Hundred Fifty
Three Dollars and Fifty Cents ($15,953 50) City may elect one of the following methods to
determine City's share of the cost
a) Owner shall prepare plans and specifications and furnish them to City
City shall competitively bid the required line and the oversized facilities in
accordance with Chapter 252 of the Texas Local Government Code The
difference in the bids shall be used to determine City's share, subject to
City's maximum participation in cost as specified in this Agreement, or
b) Owner shall prepare plans and specifications and take bids on the required
line and the oversized facilities City shall pay Owner the least amount of
the following
(1) The difference in the bids for the required line and the oversized
facilities,
(2) Thirty percent of the bid on the oversized facilities, as provided for
in §212 072 of the Texas Local Government Code, or
(3) $15,953 50, the maximum participation cost allowed herein
City shall not, in any case, be liable for any additional cost because of delays in beginning,
continuing or completing construction, changes in the price or cost of materials, supplies, or
labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site
conditions, differences in the calculated and actual per linear feet of pipe or materials needed for
the oversized facilities, Owner's decision as to the contractors or subcontractors used to perform
the work, or any other reason or cause, specified or unspecified, relating to the construction of
the oversized facilities
5 The City shall make monthly payments for its share of the oversized facilities The
Owner shall submit monthly pay requests on forms provided by the City The Owner's engineer
shall verify that the pay request is correct The request, along with the engineer's verification,
shall be submitted to the Engineering & Transportation Department of the City The City will
retain 10% of the total dollar amount until the project is accepted and costs are calculated as per
this agreement Payment by the City to the Owner will be made within thirty (30) days of receipt
of the pay estimate and the engineer's verification
6 Within thirty (30) days of the acceptance of the facilities by City, Owner shall
submit to City's Director of Utilities the actual cost of the oversized facilities Should the actual
cost of the oversized facilities be less than the cost upon which City's share was determined,
Sewer Main Participation Agreement
Bel Au Development, Ltd
City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the
difference of the actual cost of the oversized facilities and the determined cost for required
facilities To determine the actual cost of the oversized facilities, City shall have the right to
inspect any and all records of Owners, his agents, employees, contractors or subcontractors and
shall have ,the right to require Owner to submit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the oversized facilities
7 Within sixty (60) days of the date Owner submits satisfactory documentation of
the actual cost of the oversized facilities, as determined by City, City shall pay to Owner City's
remaining share of the cost thereof
8 If the City has made any overpayment of funds as calculated by the terms of this
agreement, Owner shall make any reimbursement to the City within thirty (30) days of notice of
the overpayment
9 All notices, payments or communications to be given or made pursuant to this
agreement by the parties hereto, shall be sent to Owner at the business address given above and
to the Director of Utilities for City at the address given above
10 Owner shall indemnify and hold City, its officers and employees, harmless from any
and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property
or person occasioned by any act or omission, neglect or wrongdoing of Owner, its officers,
agents, employees, invitee, contractors or other persons with regard to the performance of this
agreement, and Owner will, at its own cost and expense, defend and protect City against any and
all such claims and demands
11 If Owner does not begin substantial construction of the oversized facilities within
twelve (12) months of the effective date of execution of this agreement, this agreement shall
terminate, unless a written extension is approved by both parties
12 This instrument, including the exhibits attached hereto, embodies the whole
agreement of the parties hereto and there are no promises, terms, conditions or obligations other
than those contained or incorporated herein This agreement shall supersede all previous
communications, representations or agreements, either verbal or written, between the parties
hereto
13 This agreement shall not be assigned by Owner without the express written consent
of City
14 Any and all suits for any breach of this contract, or any other suit pertaining to or
ansing out of this agreement, shall be brought and maintained in a court of competent Iuns-
diction in Denton County, Texas
Sewer MainParticipation Agreement
Bel Air Development, Ltd
Executed this the day of �oeatf . 1998
m
m
ATTEST
CITY OF DENTON, TEXAS
BY
JACI I ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
BY I / Zt
F \sharedtdept\LOL\Our DocumentsTontractOMBel Air Sewer cost agreement doc
Sewer Mam Parttcipatton Agreement
Bel Air Development, Ltd
E
i
1EVERLY PARK ESTATES9PHASE I PLAT
----------- --
$ Ie300 4 7sa 70a S87.29 �W 70s b' Nlsm
42 / I�70a /sa N, lele7 f
21 I- I
20 Yi' 19 $1' 91 SI 16 ;1b� 13 I Imel
IB
Al Jj �` if'y C - - =I• 17=1. /RIC\\,t Uf I
- _ _ - -3 22 70ar 7ow 70 \s C11 \ 1{ f
7e 1t 00' NM n I I
N7eo�a aez LE SAGE COUR'(' - I IIS41 I I
7o 00 roar low Boar . f
r 0TgON EASNT W 23
7JW - - $ t8 I3
---Ik--- i IN_I CERALD
-- - - -- $- �p�O a iR I q$ k f �I I v°i
25
is
38 -.. 21 27 nl _92e 9
e730 SGA 1 R I
-�-7100 7�N 70a 70.00 low 80aj1 W
__ mw I IM Je I I
_ _
' ill I 1 1 Iw.Jr I
37 - 36 135 34 � � 32 •I 31 •� 30 1 29 k 10 -_� I` r u J
Nes'SL3e•W W9r - ---
_ 41 Ar C27 C29 lair 70 xr ea3t P $ I I
Ta4r _ Cl _ 72r 11ANTEN BLVD a !j I 9 F -
C22 C23 C24 C25 S16'34 aT { —231 of w I INy _1
ta19 d 1ai1r L
-11 9
k II ta°Jr x
14 12 I _
7I' 13 13 EI
-
Mawr 70L 7a2W 7020' 141 Sr R fJ IN 37 F-
W 1 9 4�. • MMW4311 4705 y1 I
q ' .a7s
70 Z8''4,A• Iw 34 U 1�341 _ L _ _ SEC
S8r06'06'W = 7 NM'Jp •J'E ♦ 1379 ' I CA
1 S I I
IRS
IMyq UO9 = IJa �r� `IaoB.%1 IN se' I I
No Tam 4N7r ,w Q
NVM C�.y 7w iiy.w N �� yw'A 4 6 1 NOV" BY*[ IN-
1 41 ui9.'•'wNe9 ti�'�tiiq.'wr°°".''iw�". �r an'N7waw $' a I\ la VISTA COU� o' 1$ 4 ffi 1
S 1 \`4 C1% �°'BL°T 8 I 1 IJ300' f 1- --
\� Q j$ $I 1
IRS Nerve S 1443 1 3 g
7t 1 IO IJI
'J✓N 4 I �� 1 i
SURFACE COORDINATES FOR PROPERTY CORNERS 4J7 , a 3 1 $ Is I 1 I
7141A°>q.>t E79A[IIN,9t IAJ.OI I • $ I 2 � 1
71 am 77 73N7n n , I� 1 IMM 1 1
/1414SLIQ [39wet„ IRS $ 2 P+t$ 1 L
is41wale 23%161 to
NOO'33'33'W t66 74' 14101 1 i g9 11a11' °1r
NW403rE' I 1 - SDl3l"JKr�1q
R 0 W DEDICATION a nrwwl = y i IRS m
-------- - - - - -- (BY THIS PUT) 4 RS I I\Y. 1p 3 W r e
r - - - - - - - - - - _----nn 12'9 _ °
- aw 9Oo
NW531S3'W 12 if - - 3Sr16'43'W 68 89'
F = a1NOS ROW (VARIBI.E RIGHT OF WAY) u7eart 2173 364`24'49'W 66 37'
7... �>.,.SW40 59'W 6884'
1 I HANNAM ESTATES T - - _N16.1934'W 10720'
T•
I I PHASE IV 1 ' i----_----
CAB F PO 316
Exhibit I
4J W I� W /O W 'u UV IOW NW W 1016.
I
I
\.. 21 20 g�• IS Is
=�• y t7 SI, 16
--- C1* 14
/ 10,;7a00 70.00 u 20 O \ I
22 10 % I
11941
NIa9' " LE SAGE COURT
; 4,• \ 70 00 7a00• 7o OC Kw/ 13
23IV
�,
}�y"' 24 i is •I_ 26 .19 27 128 9 I 12
� JJI
tt'teoilsee'E 70.W 7aar I0.w so cod
I
e7 30 � I t try
75.W 75.00 74 44
iM Je
1ST b
35 ^1 34 °1 33 �,I 32 'i 31 •j 30 1"11 29 1 10
144.3m
_ ,a,9 _ 11 I
__ 1
14213 I
'1j• hgg1.13 �• 12 'I�see—. *EI
16 it 15 $1 14 iI _1 I,a 10 91
Ne97B43'EI
9 35.751
4 1
I
146
3 I
2
151NCH SEWERLINE
I
144.36'
I
1 —
e
14war
$I 7
_guar
47 os
yl
�` 6
ii�e"tLllll
► 143.41
1&7v '
y1 5
a I
RI
139.er
$I
4
0
�I
135.e0
�)
+ I ;
I 131.2r
I '
iR I 2
I
BEVERLY PARK ESTATES Lw:
9
OVERSIZED FACILITIES
IL
KINGS ROW
I I
EXHIBIT 11