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HomeMy WebLinkAbout1987-0051642L NO g M5 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED SEWER MAIN, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF 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 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 the Sewer Main Partici- pation Agreement, attached hereto, between the City and Harold Holigan, owner, Capricorn Mobile Home Park 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 funds in the 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 this[y day of 1987 RAY P N M YOR CITY 0 DENTON, TEXAS ATTEST , CI OF NE-___ ­ TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1642L THE STATE OF TEXAS S SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HAROLD HOLIGAN COUNTY OF DENTON 5 (CAPRICORN MOBILE HOME PARK) and John Walker, owner, WHEREAS, Harold Holigan, owner,A Capricorn Mobile Home Park, hereafter referred to as "Developer," whether one or more, whose business address is 2720 Stemmons Freeway, Suite 203, South Tower, Dallas, Texas 75207, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial ,jurisdiction, as is described in Attachment II, attached hereto and incorporated herein by reference, 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 inch (1811) sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately five thousand seven hundred ten feet (5,7101), located as shown on Attachment I, 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 Thirty-nine Thousand Nine Hundred and Seventy Dollars ($39,970 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 condi- tions, 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 information, 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 JOHN WALKER and v SEWER MAIN COST PARTICIPATION AGREEMENT/HAROLD HOL I GAN/CAPRI CORN MOBILE HOME PARK/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 I day of Z 1986 ATTEST SECRETARY SEWER MAIN COST PARTICIPATION MOBILE HOME PARK/PAGE 3 HAROLD HOLIGAN, OWNER (CAPRICORN MOBILE HOME PARK) BY e HARLOD HOLIGAN, OWNER BY ('4� JOHN WALKER, OWNER JOHN WALKER and V AGREEMENT/HAROLD HOLIGAN/CAPRICORN CITY OF DENTON, TEXAS BY RAY STEPHEYS, MAYOR ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY JOHN WALKER and V SEWER MAIN COST PARTICIPATION AGREEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 4 FIELD HOPES TO 89 IRS ACRES 10 TESL M FORM51 SURVEY ABSTRACT 417 DENTON COUNTY TLAAS ALL TENT CERTAI TRACT 01 PARCEL OF LEND SITUATED IN THE M SOCIETY SURVEY ASSTRACT Il OLNTO6 COUNTY TEXAS B61NC A PART OF A (CALLED) 91 139 ACRE TRACT DESCRIBED IN A DEED FROM E S GEISLIN. ET LL 0 JAMES M RUSSELL JR TRUSTEE ON THE I6TH DAY OF JANLARY 1909 RECORDED IN VOLUML 578 PACE 515 OLEO RECORDS OF SAID COUNTY AND A PART OF A (CALLED) 1 30 ACM TRACT DEEDED SY CARL R NEST TO RCS COMPANY ON THE 3191 DAY OF AUGUST 1981 MCOMCO IN VOLUME 1099 PAGE 9 1 DEED RECORDS OF DENTON COUNTY BEGINNING AT A RNOL CORNER AT TNL SOUTH SOUTHEAST CORNER OF SAID 97 139 ACRE ?MIT ON 'NE NORTH BOUNDARY LINE OF SLAGC ROAD THENCE WITH 89 DEGREES Sl MINUTES 30 SECONDS WEST WITH THE SOUTH LEGENDARY LINE 9 OF BAIT TRACT AND THE NORTH BOUNDARY LINE OF SLAGC ROAD ALONG AND NEAR A FENCE A T7 DISTAN F OF 319 5 FEET TO M IRON PIN AT TM SOUTHEAST CORNER OF A (CALLED) 3 430 A M TRACT DESCRIBED 1M A DEED FROM JAMES H RUSSELL JR TRUSTEE TO TEX" POKER MC LIGIR COMPANY ON THE 330 DAI OF JULY 1980 RECOUPED 1H VOLUME 1027 PACE 163 DECO RCCOLOS OF DENTON COUNT' THENCE WITH 00 DEGREES 05 MINUTES 30 SECONDS CAST A DISTANCE OF 365 0 FEET TO AM IRON PIN AT THE WRTECA6T COMER OF SAID I "0 ACRE IMCT THENCE NORTH 89 VERSUS S4 MINUTE 30 SECONDS NEST WITH THE NORTH BOUNDARY LINE OF SAID 430 ACRE TRACT A DISTANCE OF 36 E FELT TO M IRON PIN AT THE EAST SOUMLAST COMER OF A (CALLED) 3 W MM TRACT OCSCRIBED IN A DEED FROM JAMES N RUSSELL JR TRLSTE6 TO TEXAS MUNICIPAL PWER AGENCY ON THE ETA DAY OF APRIL 198 RECORDED Th VOLUME 1149 'ME 494 DEED RECORDS OF DENTON COUNry THENCE NORTH 40 DEGREES 13 MINUTES 49 SECONDS EAST A DISTANCE OF 43 00 FEET TO M IRON PIN AT THE NORTHEAST COMER OF SAID 3 0 ACRE TMCTI THENCE SO4W 89 DEGREES 59 FIRMS 49 BS0105 LEST A DISTANCE OF 549 50 FEET TO M RON PIN AT AN AWLS COMB OF SAID 3 03 RCM TRACT THENCE WHIM 40 DEGREES EI PINUTU 41 1 SCCOIDS WEST A DISTANCE OF 55 80 FEET TO M IRON PIN AT A FENCE AT WE NORTILEST CORNER OF SAID 3 0E ACRE TRACT ON THE VEST BOUNDARY IS OF SAID 97 ISE ACM TRACT AND ON THE EAST BOUNDARY LINE OF GCLSLING MAD THENCE WHIM 00 DIGRESS 00 F NJTES 11 SECONDS EST WITH THE EAST WLMDAA LIAL OF GEESLINC MAD NANO ANC REAR A FENCE A DISTANCE OF 459 0 FEET TO A FENCE CORNER, THENCE SOUTH 69 DECREES 54 MINUTES 17 9 SECONDS SAS? ALONG AND NEAR A FENCE DISTARCE OF 33 9 FEET W AN IRON PIN AT A FLNLE CORMLR, TRUCE WRATH DO DEGREES 55 MINUTES 14 6 SECONDS EAST WITH A RAC( D STANCE OF 536 FEET M 0 [NOR PIN AT A FENCE COMER, THENCE NORTH 89 DEGREES 15 MINUTES 33 6 SECONDS WEST A DISTANCE OF 131 0 'LET TO A PENCE COMER ON THE EAST SOONMp LIME OF GIESLINC 10. AND TNL SC T WLNOARY LINE OF SAID 91 139 ACRE }RIND?, SILENCE NORTH 00 OWNERS 30 MINUTES LD 5 SECONDS VEST VNN A FENCE COINER ON TIME EMT WUNDMY LINE OF SAID LORD A DISTANCE OF 59 3 FEET TO AN ISM PIS AT TML SOAK L17 OBRNCB EP A (EASELS) 14 961 ACRE TRACT DESCRIBED IN A DEED FROM JWL N BISSELL 3R TRUSTEE TO FEES COMPANY SCOMCD IN VOLUME 1197 PACE 514 DEED NEC 06 OF DENTON COUNTY, THE L $OLTN 69 DEGREES 32 MINUTES 46 8 SECONDS LAST WITH A FENCE AND THE SOUTH BOUNDARY OF SAID 24 961 ACIS TRACT A S6TMCE OF DB 12 FEET TO M IRON FIN THENCE SOLTU 89 OLCHCLS 50 MINDUS 56 A SECONDS EAST WITH A RMCL MU SAID SOL N COUTDARY OF SAID 1 461 ACRE TRACT A DISTANCE OF 551 4 FEET TO AN IRON FIN FOR COMER, TWINGE HUM 01 DEGREES 53 MENUS )6 SECONDS EST A DISTANCL OF 694 5 FEET TD M IRON PIN AT THE MTN RIGHT OF LAY OF 1 5 M10H AY 380, THENCE WORTH I6 DESIRES 53 MINUTES 5 6lCDhDS CAST ALONG SAID R16PT OF UN A DISTANCE OF 36 6 FEET TO A RIGHT OF LAY NWWR, THE CE SOUTH 19 DEGREES 53 MIMITES I SECONDS EAST ALP C SAID RI PI f WAY DISTANCE OF 103 0 FEEL TO A RIGHT OF %AY RAMIX TIIIMIE NORTH 36 DEGREES $3 MINUUS 53 SECONDS MST ALONG SAID RIGHT OF UP PAPER A DISTANCE OF 91 1 FEEL W 0 IRO IN FOR COMER ThE CE SOUTH 00 DEGREES 33 MINUTES 55 SECONDS WEST A DISTANCE OF 103 9 FEET T M RUN PIN ON THE NORTH BOUNDARY OF SAID 24 961 ACM TRACT TRANCE 80LTH 69 STORIES 41 9IMLTES 10 0 SECONDS EAST A DISTANCE CI 1 RR IJ AN SO F N ON IKE WRTM BOUNDARY IT L OF S ID 4 1 ACRE NA THE CE SOUTh 69 DEGREES 53 MINUTES 30 SECONDS EAST ALONG SAID ROM IRE DISTMC OF 1379 9 FEET W AM IRON PIN AT THE NORTHEAST CORNER OF AID 4 911 ACRE TRACT TMERCD SOUTH 00 DEGREES 16 MINUTLS 23 SECONDS WEST ALONG THE GAT BOUNDARY LINE OF SAID 24 961 ACRE TRACT A DISTANCE OF 339 3 FEET TO 0 IRON PIN AT THE SOUTHWEST COMER OF SAID IA %1 ACM TRACT AND ON THE CAST BOLNDARY LINE OF SAID 97 139 ACRE TRACT THENCE SOLTH 00 DECREES 11 IIKLTES )E 9 SECONDS EAST ALOh SAID CAST INS A DISTANCE OF 663 FEET TO M IRON PIN AT THE EAST SOLTNEAST COMER OF SAID N 93 139 ACRE ?WTI THENCE $OLIN 89 DEGREES M KIRMS II SECONDS UEST ALONG MU hUM A TIME A DISTANCE OF 711 9 FEET TO M IRON 11N AT A FENCE CORNER MCLE, THE CE NORTH 8 OLGRES I4 PINLTES 38 9 $CC NIS VEST A DISTANCE OF T 6 FEET TO AN IRON PIN AT AN IhYER ELL COMER OF SAID 97 139 ACM TRACT TNEICE SOUTN OD DECREES L M ML L 53 1 SLCU10 EAST ALONG AID NE R A FL CE A OISTMLL OF 965 FIE T 1 M NI OE OCCIMING AND co T INIW E9 5 RES E LM ATTACHMENT IL -41 ATTACHMENT III 1641L THE STATE OF TEXAS S SEWER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND HAROLD HOLIGAN COUNTY OF DENTON S (CAPRICORN MOBILE HOME PARK) and Sohn Walker, Owner, WHEREAS, Harold Holigan,A owner, Capricorn Mobile Home Park, hereafter referred to as "Developer," whether one or more, whose business address is 2720 Stemmons Freeway, Suite 203, South Tower, Dallas, Texas 75207, wishes to develop and improve certain real property located within the City of Denton, Texas or its extraterritorial jurisdiction, as is described in Attachment II, attached hereto and incorporated herein by 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 E 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 will design, install and construct, at no cost to the City, a sewer main of a minimum inside diameter of ten inches (10"), and all necessary appurtenances thereto, here- after referred to as "facilities,of " extending a total distance approximately two thousand eight hundred linear feet (2,800'), as shown on Attachment I, attached hereto and incorporated by reference 2 Prior to beginning construction Developer Appendix A ofltheterinto a Development Contract, as required by 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 reviewed and approved hasetor ob hall tained substance by city eloper sprior 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, inctheleffectediproperty ownerstioAnyaeasementsafor theefacilaties obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 The estimated cost of the design, construction and instal- lation of facilities, as determined by public bids on the same linear lor inearilar footroorcts on a Fifty eighty ThousandooEight1SHer is Z100 undredDollars ($58800 00) for the estimated two thousand eight hundred (2,860) linear feet for the facilities 5 Within thirty (30) days of the acceptance of the facil- ities 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 re- quire 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 allow- able 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 con- necting to the facilities in accordance with the provisions of Appendix A of the Code of Ordinances of the City Within thirty saof he s collectedto t of such prorata Developer the City shall transfersuch 7 The City shall transfer to Developer prorata charges col- lected for a period of time of twenty (20) years from the date facilities 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 the Developer's property Should the City decide that it wishes to participate in the cost of funding a sewer main that would pro- vide greater sewer capacity then 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 enterwer shallebelgoverned bytual suchoversized agreementSebut thento be prorataconstructed charges to be collected and transferred to Developer shall be based on the JOHN WALKER and ' SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLI GAN/CAPRI CORN MOBILE HOME PARK/PAGE 2 terms of this agreement, as though the facilities subject to this agreement were installed 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 Deve- loper 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 jurisdiction in Denton County, Texas JOHN WALKER and V SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOL I GAN/CAPRI CORN MOBILE HOME PARK/PAGE 3 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 facilities within one year from the date of this agreement, this agreement shall terminate Executed this the 14 � day of %ZGca..�� , 1986 HAROLD HOLIGAN, DEVELOPER (CAPRICORN MOBILE HOME PARK) �� �— BY ATTEST WALKER, OWNER CITY OF DENTON, TEXAS BY RAY E HENS, MAYOR ATTEST CH RL E L CI SE E A Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY I11nH JOHN WALKER and SEWER MAIN PRORATA REIMBURSEMENT/HAROLD HOLIGAN/CAPRICORN MOBILE HOME PARK/PAGE 4