HomeMy WebLinkAbout1996-102J \WPDOCS\ORD\DOUGLAS ORD
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DOUGLAS AND
ASSOCIATES, LLC; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Douglas and Associates, LLC, hereafter referred to as
"Developer" wishes to develop and improve certain real property
named Lowe's Addition located in the City of Denton, Texas and is
designing, constructing and installing a water main of a minimum
inside diameter of eight inches, hereafter referred to as "required
facilities"; and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 East McKinne}
referred to as "City", in accor
participate in the cost of tb
said water main to provide for
its utility system and insure
customers; NOW THEREFORE;
, Denton, Texas 76201, hereafter
lance with its ordinances, wishes to
a construction and installation of
an "oversized" water main to expand
adequate utility service to other
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
SECTION I. That the Mayor is authorized to execute a Water
Main Cost Participation Agreement Between the City of Denton and
Douglas and Associates, LLC under the terms and conditions
contained in the Agreement attached hereto.
SECTION II. That the expenditure of funds as set forth in the
Agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the J7'—day of dj .Z 1996.
ATTEST:
JENNIFER WALTERS, CITY SECRETA
BY:
APPR tED AS TO LEGAL FORM'
HERBERT L.,,.PRQU ,TY— TTY-�4`L'�ORNEY
-` i
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
DENTON AND HORNE PROPERTIES, INC
COUNTY OF DENTON§
WHEREAS, Home Properties, Inc , hereafter referred to as "Developer," whose business
address is 412 Executive Tower Drive Suite 205, Knoxville, Tennessee 37930-1769, wishes to
develop and improve certain real property named Lowe's Addition 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 water capacity by designing,
constructing and installing a water main of a minimum inside diameter of eight inches (8"), here-
after 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, Developer and City agree as follows
1 Developer shall design, install and construct a sixteen inch (16") water main and a
twelve inch (12") water main and all necessary appurtenances thereto, hereafter referred to as
"oversized facilities", located as shown on Exhibit I, attached hereto and incorporated herein by
reference
2 As required by Chapter 34 of the Code of Ordinances of City of Denton,Texas,
Developer shall enter into a Development Contract prior to beginning construction of the
oversized facilities This Development Contract shall be in substantially the same form as the
Development Contract attached hereto as Exhibit II and incorporated herein by reference This
Agreement shall be subject to and governed by the Development Contract and any other applica-
ble ordinances of City
3 Prior to beginning construction of the oversized facilities, Developer shall obtain, at
Developer's sole cost and expense, all necessary permits, licenses and easements The
easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as
to form and substance by City prior to the beginning of construction If Developer is unable to
acquire needed easements, Developer 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
Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the
WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC
PAGE 1
oversized facilities, and Developer warrants clear title to such easements and will defend City
against any adverse claim made against such title
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 not be in an amount not to exceed Twenty Three
Thousand Bight Hundred Thirty Three Dollars and No Cents ($23,833 00) City may elect one
of the following methods to determine the City's share of the cost
a) The Developer shall prepare plans and specifications and furmsh
them to the City City shall competitively bid the required line
and the oversized facilities in accordance with Chapter 252 of the
Local Government Code The difference in the bids shall be used
to determine the City's share, subject to the City's maximum
participation in cost as specified in this Agreement, or
b) The Developer shall prepare plans and specifications and take bids
on the required line and the oversized facilities City shall pay
Developer 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 facility,
as provided for in Section 212 072 of the Local
Government Code, or
(3) $23,833 00, the maximum participation cost al-
lowed herem
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, Developer'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 con-
struction of the oversized facilities
5 Within thirty (30) days of the acceptance of the facilities by City, Developer shall
submit to the 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 on which City's share was determined,
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 Developer, his agents, employees, contractors or subcontractors
WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC
PAGE 2
and shall have the right to require Developer to summit any necessary information, documents,
invoices, receipts or other records to verify the actual cost of the oversized facilities
6 Within sixty (60) days of the date the Developer submits satisfactory documentation
of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer
its share of the cost thereof
7 All notices, payments or communications to be given or made pursuant to this
Agreement by the parties hereto, shall be sent to Developer at the business address given above
and to the Director of Utilities for the City at the address given above
8 Developer shall indemnify and hold City 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 Developer, its officers, agents, employees,
invitees, contractors or other persons with regard to the performance of this Agreement, and
Developer will, at its own cost and expense, defend and protect City against any and all such
claims and demands
9 If Developer does not begin substantial construction of the oversized facilities within
twelve (12) months of the effective date of this Agreement, this Agreement shall terminate
10 This instrument 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
11 This Agreement shall not be assigned by Developer without the express written
consent of City
12 Any and all suits for any breach of this contract, or any other suit pertaining to or
arising out of this Agreement, shall be brought and maintained in a court of competent jurisdic-
tion in Denton County, Texas
Executed this the day of , 19-&
Po-sl" A_� Powc nkc
II ,
DEVELOPER
BY l S-,\,—
C�e C re
WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC
PAGE 3
LL-L
ATTEST
CITY OF DENTON
m
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM,
HERBERT PROUTY, CITY ATTORNEY
BY _�_ _�I_✓_
C\WPDOCSW\
WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC
PAGE 4