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Home My WebLink About1986-155NO AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED WATER 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 agree- ment to participate in the cost of providing an oversized water main, and WHEREAS, the Code of Ordinances requires that the City Council approve all expenditures $10,000 or more, and WHEREAS, 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 That the City Council hereby approves the Water Main Participation Agreement, attached hereto, between the City and Denton Baptist Association, Inc , to provide for the City's participation in the cost of providing an oversized water 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 day of e_ _ 1986 RAY S ENS MAYOR CITY DENTON, TEXAS ATTEST �u J 7AMLO7TE ALLEN, CITY SECRETARY — CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY �• 1432L THE STATE OF TEXAS S COUNTY OF DENTON S WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BAPTIST ASSOCIATION, INC WHEREAS, Denton Baptist Association, Inc , hereafter referred to as "Developer," whether one or more, whose business address is 3311 I-35 North, 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 water by designing, constructing and installing a water 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 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 twenty inch (2011) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," extending a total distance of approximately five hundred seventy-six feet (5761), located as shown on Exhibit "1," 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 oversized 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 Thirteen Thousand Five Hundred Thirty-six and No/100 Dollars ($13,536 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, Deve- loper'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 facili- ties 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 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, WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BAPTIST ASSOCIATION, INC /PAGE 2 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 ` f� Executed this the day of 1986 DENTON BA TIST ASSOCIATION, INC ATTEST B Y S RETA� CITY OF DENTON, TEXAS ATTEST BY IL Yy RAY S WEN MAYOR CHARLO TE LL N, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY %fl i rnfi---, 0 WATER MAIN PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON BAPTIST ASSOCIATION, INC /PAGE 3 McKinney Street Baptist Church Addition FY"PJT I EXHIBIT 2 to i COti T 0► ' Al 0 NIDI 1 270, RICO R800I06 Of IIDiD A0 FOLLOWS, lNS190 11 TEE SORTSNEBT RWW A6800 TION, 199 ARB tilt OWNERS or A TOACION SUR►IT, ABSTtACT 1442, IS tot IRAS, A9* 19130 PART 01 A 9 4136 ♦qER I PION $40DIA CLAIMS WARLOCK, ST 41, I, Ito AID INCORDID 19 fOLOMt IS 1, SAID 000NTT, AND BRING MORE FYI $T CORNER Of SAID 9 4135 ACRE TRACT AND ITDR CINTtt 119E OF HOKINNST STRLLT (► N ROAD 426)1 T91R10I SOSia 73 02CRtt8 34 MINUTRI AND 28 SECONDS *AST WITS THE 1M}_00LR OF R MCEINNST STRIST A DISTANCE or SO 83 FEET TO TNt }NNING 7 A OLIVE{ 112,411111 AROVID A CDRTR TO THE LIFT WITH A CINTRRL ANGLE 0► OS {-6201E68 341{'L_'NINOTES AND 44 StCOMD$, AN ARC DISTANCR OF 244 61 'TROT, TIt ADItS EODALO 2512 14, AND T$I CHORD HEARS SOUTH 76 7DERIVES 21 MINUTES AND SO SECONDS EAST A DISTANCE Of 244 51 ?NET kT0 THE EMD OF SAID CUR9*I ]]rTTBMHCI SOUtE 79 DEGREES 09 MINUTES AND 12 SECONDS *AST A DISTANCE or 151 39 FBIT TO AN ANCLtt ft*RNC* SOUTH 00 DROREES SS MINUTES AID 04 SECONDS SAST A DISTANCS R► 99 18 ►TIT TO A TOINTI Y ISICE SOUTH 02 DIGRESS 35 NINUTIS AND 00 SECONDS WBST A DISTANCR f 484 77 Flat 'to AM IRON PINT HSNCR WORTH 87 DIGISES 25 NINUTIB AND 00 SLCO5 08 WEST A DISTANCE �► $70 00 FIST TO AN IRON PIN AND FENCE CORNER AT TBE I*THWEST CO&NCR OF $AID 9 4136 ACRB TRACTI rHNCE NORTH 02 DECREES 53 NINUTRS AND 46 SECONDS CAST ALONG AND EAR A FENCI A DISTANCS 0/ $83 97 ?SET TO THE POINT OF BEGINNING IAND CONTAINING 6 $790 ACNES OP LAND 010W THEREFORE SHOW THRSR WIN BY TR*8E PEBSINTS, AT, NS, 0199TO■ BAPTIST ASSOCIATION, INC SO RtRISY ADOPT THIS OBBIORATINO TEE 111119 DSSCRIBtD PNOP8RTT AS LOT ORB, BLOCK . OF TRLICIINNIT STRLET BA1'x38t CHOICE ADDITION TO 799 CITT DEBTOR, TSIAS, AND 10 INSIST DROICATE TO THE PUBLIC USE OItTRI, TIS $7I1E2S AND EASDMt9TS SHOW$ HEREON r N BAPTIST AL OCIASIOS,INCSTt CLItIIRV, DIRtOtOROFHI8SIOSS OP TSIAS EI T of DEIton II