HomeMy WebLinkAbout1987-1051793L
NO 57-/
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN
THE CST OF INSALLNG AN OVERSIZED ZIG THE
MAYOROf0 EXECUTETTHEI CONTRACT, APPROVING SEWER HE EXPENDITURE IOFNFUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton wishes to enter into an agreement
to participate in the cost of providing an oversized sewer main,
and
WHEREAS, the Code of Ordinances requires that the City Council
approve all expenditures $10,000 or more and Section 2 09 of the
City Charter requires every act of the Council providing for the
expenditure of funds or for the contracting of indebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves
Main Parma Pation Agreement, attached hereto, between
and Texas Instruments, Inc to provide for the City'
patron in the cost of providing an oversized sewer
accordance with said agreement and the Mayor is hereby
to execute the agreement on behalf of the City
the Sewer
the City
s partici-
main in
authorized
SECTION II That the City Council authorizes the expenditure
of fun s in t e manner and amount as specified in the agreement
SECTION III That this ordinance shall become effective
imme 'lately upon its passage and approval
SECTION IV That ordinance No 87-104 is hereby, in all
things repeale3 in its entirety
PASSED AND APPROVED this � day of , 1987
RAY ST HB S, MAl OR
CITY F DENTON, TEXAS
ATTEST
L R , C Sh ' h ARY
C OF NTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
1/93L
THE STATE OF TEXAS S SEWER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWEEN PHE CITY OF DENTON
COUNTY OF DENTON 9 AND TEXAS INSTRUMENTS, INC
WHEREAS, Texas Instruments, Inc , hereafter referred to as
"Developer," whether one or more, whose business address is
P 0 Box 225214 MS 399, Dallas, Texas 7S265, wishes to develop
and improve certain real property located within the City of
Denton, Texas or its extraterritorial jurisdiction, and is
described in Exhibit A attached hereto and incorporated herein o
reference, and is required to provide such property with adequate
sewer service by designing, constructing and installing a sewer
main, and
WHEREAS, the City of Denton, a municipal corporation located
at 215 East McKinney, Denton, Texas 76201, hereafter referred to
as "City," in accordance with its ordinances, may reimburse
Developer for the costs of the sewer main designed, constructed
and installed by Developer based upon prorata charges paid to the
City by persons connecting to such sewer main,
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, at no cost
to the City, a ten inch (10") sewer main and all necessary
appurtenances thereto, hereafter referred to as "facilities,
extending a total distance of approximately nine thousand and
fifty feet (9,050'), located as shown on Exhibit A, attached
hereto and incorporated herein by reference
2 Prior to beginning construction Developer shall enter into
a Development Contract, as required by Appendix A of the Code of
Ordinances of City This agreement shall be subject to and
governed by such Development Contract, which is incorporated
herein by reference, and any other applicable ordinances of City
3 Prior to beginning construction of the facilities, Deve-
loper shall obtain, at Developer's sole cost and expense, all
necessary permits, licenses and easements If easements are
needed, the deeds therefore 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
effected property owners Any easements for the facilities
obtained by the Developer shall be assigned to City, if not taken
in City's name, prior to acceptance of the facilities. and
W 5
4 The estimated cost of the design, construction and
installation of facilities, as determined by public bids on the
same or similar projects, on a per linear foot basis, is Twenty-
one Dollars ($21 00) per linear foot or One Hundred Twenty-seven
Thousand Seven Hundred and Eighty-five Dollars ($127,785 00) for
the estimated nine thousand and fifty feet (9,050) linear feet
for the facilities
5 Within thirty (30) days of the acceptance of the
facilities by the City, Developer shall submit to the City's
Director of Utilities the actual cost of the facilities To
determine the actual cost of the facilities, City shall have the
right to inspect any and all records of Developer, his agents,
employees, contractors or subcontractors and shall have the
right to require Developer to submit any necessary information,
documents, invoices, receipts or other records to verify the
actual cost of the facilities The Director of Utilities shall
review and verify the actual cost of the facilities and certify
the allowable reimbursable cost and the date facilities were
accepted, which certificate shall be attached hereto and be
incorporated herein by reference
6 After title to the facilities have vested in the City,
the City shall collect a prorata charge from any person
connecting to the facilities in accordance with the provisions
of Appendix A of the Code of Ordinances of the City Within
thirty (30) days of the receipt of such prorata charges the City
shall transfer such amount collected to Developer
7 The City shall transfer to Developer prorata rges date
col-
lected for a period of time of twenty (20) years from
thefacilities are accepted by City, as specified herein, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities
8 The parties hereto recognize that the facilities subject.',
to this Agreement are necessary to provide sewer service+Other
Developer's property Should the City decide that it wishes to
participate in the cost of funding a sewer main that would
provide greater sewer capacity thA the facilities Developer is ;,
required to install, the Developer and City may enter into a'--
separate Sewer Main Participation Agreement to provide for the
sharing of cost of such oversized main If such agreement is
entered into, the actual oversized sewer main to be constructed
shall be governed by such agreement, but the prorata charges to
be collected and transferred to Developer shall be based on the
terms of this agreement, as though the facilities subject to
this agreement were installed
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 2
9 The prorata charges to be collected by the City and
transferred to Developer in accordance with the ordinances of the
City and this agreement is intended to reimburse the Developer
for the Developer's cost of the facilities by requiring persons
connecting to such facilities, and benefiting thereby, to
participate in the cost of such facilities This agreement shall
not be considered to impose any obligation or liability upon the
City to pay for such facilities from its general revenues, bond
funds or any other revenues it may receive, except for those
prorata funds received from persons connecting to such facilities
10 Should any court of competent jurisdiction determine that
all or part of the City's ordinances on which the prorata charges
to be paid to developer under this agreement are based are found
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the facilities and
will have no further obligation hereunder
11 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
12 The Developer shall indemnify and hold the City harmless
from any and all claims, damages, loss or liability of any kind
whatsoever, by reason of injury to property or persons 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
the City against any and all such claims and demands
13 This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein This agreement
shall supercede all previous communications, representations or
agreements, either verbal or written, between the parties hereto
14 This agreement shall not be assigned by Developer without
the express written consent of City
15 Any and all suits for any breach of this agreement, or
any other suit pertaining to or arising out of this agreement,
shall be brought and maintained in a court of competent juris-
diction in Denton County, Texas
16 This agreement shall be effective for a period of twenty
(20) years from the date facilities are accepted by City or until
Developer has been paid all allowable reimbursable prorata charges
for the facilities, whichever occurs first, provided, however,
should Developer fail to begin substantial construction of the
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 3
facilities within one year from the date of this agreement, this
agreement shall terminate
Executed this the day of
ATTEST
1987
TEXAS INSTRUMENTS, INC ,
DEVELOPER
BY
Lew1 McMahan
Vice President
Corporate Staff
CITY OF DENTON, TEXAS
BY
KAY STEPHENS
ATTEST
J ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 4
LOOP 288
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facilities within one year from the date of this agreement, this
agreement shall terminate n
Executed this the 41_ day of 1987
TEXAS INSTRUMENTS, INC ,
DEVELOPER
BY
Lewis McMahan
Vice President
Corporate Staff
ATTEST
CITY OF DENTON, TEXAS
ATTEST
J% LTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
ROUTC A?PROVFDr
INIT �, DATE
Prel `na
'77,77�
SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT/TEXAS INSTRUMENTS,
INC PAGE 4
DENTON MUNI PAL UTILITIES CERTIFICATE ( ACTUAL COST
CITY OF DENTON AND Tiaxas TnAtrUMentS, Inc --
PARTICIPATION AGREEMENT DATED 9 h June 1987
FACILITY DESCRIPTION t rr i-n tx" ana 941' aewermain In approximately 8900 if from
ACTUAL COST OF FACILITIES $ 299,629.85
DEVELOPER / OWNER SHARE OF COST $ 196 796.24
CITY S SHARE $ SR 871 61
I hereby certify the completion of the hereinreferenced facilities and certify the actual cost of the
City's participation to be as stated above This statement shall be attached to the original
participation agreement
and become a part thereof
Date'r�
of Utilities
Notary Public
My Commission Expires
GG�2 a?W / 7 i a
Original City Sect / Duplicate Developer Owner / Triplicate Drt of Unl
Mal
BILL HAZELWOOD, INC.
BILL HAZELWOOD
JOHN STEPHENSON
OWNERS
Mr Dave Hamm
City of Denton
215 E McKinney
Denton, Texas 76201
Dear Mr Hamm
Bill Hazelwood, Inc has
installation of sanitary
Instruments Addition in
quest, Invoice No 1248
�!= /.-
:.. - .
STATE OF TEXAS
UTILITIES CONSTRUCTION
May 20, 1988
received payment of
sewer and drainage
accordance with its
214 S92 4019
Po Box 966
SHERMAN TEXAS 75090
7029 D18
$283,596 25 for
facilities at Texas
final payment re -
Before me, the undersigned Notary Public for the State of Texas,
on this day personally appeared Bill Hazelwood, president known
to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purpose and considerations therein expressed -and in the capacity
stated
Given under my hand and seal of office this the
1988
Commission
RECEn�C>, ,
of May,
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CONTRACTOR'S CER1__ICATION
the underslgngd upon oath do depose and
Say that I have full Ynowledge of the a-
bove ana foregoing account, that the ac-
count is just, correct, due, and according
ro law and t at the amount claimed after
allowiz3 all just credits, is now due and
wholly unpaid, and that I am authorized
�o make this affidavit, be help me God
CLAIMANT_-glI Hazelwc�nd, inc_
BY
S.i:)scri ets d and sworn to before me
Marsh 14 , 1988, my commission
'iELA'S CERTIFICATION
I certify that I have checked and verified
this E timate No for the period of
6wal DayaMP.:f -Qpfo�so lo% hfa .eto
.nclusive,
that to tha best of my nowledge and be-
lief it .s a true and correct statement of
work performea and/or materials supplied
by the Contractor in full accordance with
the terms and conditions of the
Contract
/
By e�ro�1�P �%fa(�2QNINy (-O_?
Date /y
Remdrk8 See Cr.oVpr leer
r—
P
o F Surd? Co,yPa,�, fn FK Q Pays e
Origi.,a Contract
Amount
Total Addltlons
Totdl Deductions
Revised Contract
i
Total Work
to Date
283,596 25
Material
on 'land
T;,tal Work
s Material
283,S96 25
Amount Retained
( ) Per Cent
D
Balance
283,596 25
Less Previous
Bill_ngs
255,235 62
Amount Due
This Estimate
28,359 63