The URL can be used to link to this page

Home My WebLink About1987-104t793L NO .9% AN ORDINANCE APPROVING A CONTRACC FOR THE CITY'S PARTICIPATION IN THh COST OF INSTALLING AN OVERSIZED SEWER MAIN, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS IHEREFORE, 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 'participation 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 SUCTION 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 immediately upon its passage and approval PASSED AND APPROVED this4g-A Jday of 1987 RAY ST NS, AYOR CITY O DENTO TEXAS ATTEST JENNI' R WA rnna, ulii �n�nnann. CITY 0 DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY �`�� 1793L fHh SPATE OF TEXAS S SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON 5 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 75265, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate sewer by designing, constructing and installing a sewer main 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 E 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 sewer main to provide for an "oversized" sewer 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 an eighteen (1811) and twenty-four (2411) sewer main and all necessary appurte- nances thereto, hereafter referred to as "oversized facilities", located as shown on Exhibit A, attached hereto and incorporated herein by reference 2 Prior to beginning construction of the oversized facil- ities, 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 oversized facil- ities, Developer 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 oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the over- sized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 The 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 by public bids on the same or similar projects on a per linear foot basis, and the cost of the oversized facilities, as determined by the City, based upon the amount of a bid from the lowest responsible bidder on the same or similar oversized facilities, shall be in an amount not to exceed One Hundred Thirty Eight thousand Three Hundred Dollars ($138,300 00), and 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 construction of the oversized 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 oversized facilities Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, the 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 and shall have the right to require Developer to submit any necessary informa- tion, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities 6 Within thirty (30) days of the date the Developer has submitted 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 SEWER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC PAGE 2 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 whatso- ever, 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, a 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 herein This agreement shall supercede 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 contract, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas Executed this the a� day of 1987 TEXAS INSTRUMENTS, INC , OWNER ATTEST /p's'"� SECRETt�RY BY Lewis McMahan Vice President Corporate Staff SEWER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC PAGE 3 CITY OF DENTON, TEXAS BY RAY PIiENS , MAYOR ATTEST D JEN A ,E CITY SECRETARY CIT F DEN ON, , TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY SEWER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC PAGE 4