HomeMy WebLinkAbout1983
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WATER MAIN CONSTRUCTION REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS $
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 5
This agreement, made and entered into this the day
of , 1983, by and between Frank Bourland, herein-
after called "Developer", and the City of Denton, Texas, a home
rule municipal corporation, hereafter called "City";
WITNESSETH:
WHEREAS, the developer, in order that certain real property
could properly be served with City water services, did, in
accordance with the provision of Sections 25-75 through 25-19 of
the Code of Ordinances of the City of Denton, Texas contract for
and pay for the cost of the construction and installation of a
720 foot, 8 inch diameter water main extension hereinafter
referred to as "water main", located in the City of Denton,
Texas, as shown on the attached plat, said plat being
incorporated herein by reference for all purposes and showing
therein said water main; and
WHEREAS, said developer desires to receive reimbursement of
the cost of such water main in an amount not to exceed contract
construction cost of Fifteen Thousand Seven Hundred and
Eighty-Four and No/100 Dollars ($15,784.00), as such prorata
construction costs are paid to the City by the users of said
water main, as provided for in said ordinances.
NOW, THEREFORE, PREMISES CONSIDERED:
I.
That in consideration of the construction of said water main
for the benefit of developer, which has been constructed by the
developer at the City's direction, and in consideration of the
reimbur--em-Int to developer of grorata construction cost
collected by the City from users extending service lines to said
water main, and in further consideration of the transfer to the
City of all of developers' right, title and interest in the
aforesaid water main and all appurtenances thereto, and all
PAGE ONE
easements, rights of way and permits secured by or for developer
for the purpose of locating said water main, City hereby agrees
to accept said water main upon final approval thereof, after
inspection, and further agrees to continue to provide water
service to developer's property served or to be served by said
water main for such monthly service charges as are, or may be,
established pursuant to law by the City.
II.
That the City further agrees to reimburse the developer up
to the cost of construction of such water main, in the amount of
Fifteen Thousand Seven Hundred and Eighty-Four and No/100
Dollars ($15,784.00) pursuant to the provisions of Section 25-75
and 25-76 of thr. Code of Ordinances of the City of Denton,
Texas, as amended, with the following Iiii-itations:
(a) Reimbursement to developer for construction costs
of sai.i water main received by the City for prorata
costs collected from users extencing a service line
to said water main shall contit ie from August 21,
lyd3 to August 20, 1993 but not l yond.
(b) Reimbursement shall not apply to main extensions
constructed by the City, or at its cost, from the
water main specified herein;
(c) Reimbursement payments shall be made to the
developer or his assigns, specified in writing and
to no other person.
(r All reimbursable prorata tapping charges incurred
under the provisions of Section 25-76 shall be paid
directly to City, and City shall transfer amounts
due to developer within thirty (30) days of receipt.
(e) Developer or his assign will not be obligated to
pay any prorata construction costs to the City for
said water main where service lines are extended to
such water main from properties owned by said
developer or his assigns on the date of this
agreement to said water main.
IIl I
That for and in consideration of the fulfillment of the
agreements by the City, as aforesaid, and in consideration of
the ag:cc^:ent-s to be perfor-c-d in the fut-.,. ~,y t c Ci.J, ao
I
aforesaid, developer hereby transfers to the City all of its
right, title and interest in and to the water main extension
PAGE TWO
described above, and any and all easements, permits and rights
of way secured by them for the purpose of locating the said
water main extension.
WITNESS the hands of the parties hereto on the day and year
first above written.
CITY OF DENTON, TEXAS
BY•
~RI ARD U/. STEKART, MA
ATTEST:
~ i
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
FRANK BOURLAND, DEVELOPER
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