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Home My WebLink About1987-0921642L ORDINANCEAN COST OF INSTALLINGAANO NTRACT R OVERSIZEDSEWER MAIN,THE CITY'S PAUTHORIZINGN IN THETHE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE ON FUNDS 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 apprve alle and of the CityoChartererequiresrevees rry0act frthe rCouncil ection 2 9 providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, NOW, THEREFORE, rHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the Sewer Main Participation Agreement, attached hereto, between the City and Teasley Road Associates Six (West Greenfield Woods) to provide for the City's participation in the cost of providing an oversized sewer main in accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City SECTION II That the City Council authorizes the expenditure of fun s in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective imme lately upon its passage and approval PASSED AND APPROVED this / T•1�_ day of 1987 RAY ST [ NS, IAYOR CITY OF DENTON, TEXAS ATTEST JEN I RETARY CIT F D TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVIICH, CITY ATTORNEY CITY OF DENTON, TEXAS 1647L 1HE STATE OF TEXAS S COUNTY OF DENTON S SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND TEASLEY ROAD ASSOCIATES SIX (WEST GREENNIELD WOODS) WHEREAS, Teasley Road Associates Six (West Greenfield Woods), hereafter referred to as "Developer," whether one or more, whose business address is P 0 Box 117, Denton, Texas 76201, 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 ten inches (10"), 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 a fifteen inch (15") sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities,", located as shown on Attachment II, 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 Eleven Thousand Nine Hundred and Ninety-six y-sixliabDollars larsor an yladd9tional and City shall not, in any case, 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 S 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 PART ICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST GREENNIELD WOODS)/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 / e day of 1987 TEASLEY ROAD ASSOCIATES SIX, (WEST GREENFIELD WOODS), OWNER ATTEST SECRET RY SEWER MAIN COST PARTICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST GREENFIELD WOODS)/PAGE 3 CITY OF DENTON, TEXAS ATTEST JENI' El S, CRETARY CIT F D TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS SEWER MAIN COST PARTICIPATION/TEASLEY ROAD ASSOCIATES SIX (WEST GREENFIELD WOODS)/PAGE 4 DENTON MUNICIPAL UTILITIES CERTIFICATE OF ACTUAL COST CITY OF DENTON AND �4aCf7- ,ems ygsrer�,�fs PARTICIPATION AGREEMENT DATED FACILITY DESCRIPTION ��JEca ��r�S �ESI syf��si2� SFWE�c��F ACTUAL COST OF FACILITIES $ DEVELOPER / OWNER SHARE OF COST $ i9 �Z 3e CITY S SHARE $ ��, 95'S— 2.-0 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 beSMe a part thereof D-- Direr of Utilities My Commission Expires .�7// 3/82 Original City S41W / Duplicate Developer Owner / Triplicate Du of Util